Agenda packet — Economic Development Committee, June 5, 2023 (part 2 of 3)

Waste Discharge Requirements for the City of Turlock Regional Water Quality Control Facility and the City of Modesto Water Quality Control Facility, Stanislaus County, Order R5-2022-0034, NPDES CA0085316 (Regional Permit), adopted June 10, 2022, and effective August 1, 2022.

Order R5-2022-0034 contains new Special Provisions related to requirements for conducting a far-field dilution study and a constituents of emerging concern (CEC) study. The Far-Field Dilution study will determine if and to what extent the recycled water from the wastewater treatment plant facilities is affecting the water quality of the DMC. The CEC study is a requirement to test for potential contaminants that are not currently regulated and/or routinely monitored.

Staff would like to enter into an MOU with the City of Turlock and the Del Puerto Water District for a mutual pay agreement for the costs of conducting the Far-Field Dilution and CEC Studies.

DISCUSSION:

The City of Modesto, City of Turlock, and Del Puerto have agreed to jointly hire a consultant to perform a Far-Field Dilution study and CEC study.

The agencies have agreed that the City of Modesto will serve as the lead for purposes of the development of the scope of work for the Consultant Agreement for the Studies and Turlock and Del Puerto are “partner agencies”.

Modesto Municipal Code Section 8-3.203 generally requires all purchases, which meet or exceed $50,000 for material, equipment, or contractual services to be formally bid. It has been determined that Modesto will solicit proposals from qualified Consultants for services to complete the Studies.

The agencies wish to enter into this MOU to clearly identify the roles and responsibilities of each party as they relate to the professional services to be provided by the selected Consultant, including payment of all costs incurred.

FISCAL IMPACT:

The Agencies shall be responsible for their share of all costs incurred for the Far-Field Dilution and CEC Studies under this MOU with each cost-sharing obligation equally divided amongst the three agencies, and will be broken down to a third each. The estimated shared total cost of studies is approximately $700,000.

Once the formal bidding process has been completed, staff will return to Committee and Council to seek approval to enter into a Consultant Agreement for the completion of the Studies.

The funds to cover the City’s share of the Studies will be budgeted in the Sewer Operations fund.

RECOMMENDED COMMITTEE ACTION:

Staff Recommendations:

Motion approving a Memorandum of Understanding for a Mutual Pay Agreement for the Far-Field Dilution and Constituents of Emerging Concern Studies between the City of Modesto, the City of Turlock and the Del Puerto Water District and forwarding to Council for approval. #5..
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Economic Development Committee, June 5, 2023
Memorandum of Understanding for Recycled Water Quality Studies

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Approved by:

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

1. MOU
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MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF MODESTO, CITY OF TURLOCK AND DEL PUERTO WATER DISTRICT FOR THE FARFIELD DILUTION AND CONSTITUENTS OF EMERGING CONCERN STUDIES This MEMORANDUM OF UNDERSTANDING, entered into this _______, day of _____________ 2023 is between the City of Modesto (hereinafter referred to as “Modesto”), City of Turlock (hereinafter referred to as “Turlock”) and the Del Puerto Water District (hereinafter referred to as “Del Puerto”).

WHEREAS, Modesto, Turlock, and Del Puerto (individually each a “Party”, and collectively, the “Parties”) have agreed to jointly hire a consultant to perform a Far-Field Dilution study and Constituents of Emerging Concern (CEC) study (hereinafter referred to as “Studies”); and
WHEREAS, Modesto is the “lead agency” for the Studies and Turlock and Del Puerto are “partner agencies” for the Studies; and
WHEREAS, Modesto will serve as the “lead agency” for purposes of the development of the scope of work of the Consultant Agreement (the “Scope of Work”); and WHEREAS, Modesto will solicit proposals from qualified Consultants for services to complete the Studies; and
WHEREAS, the Parties have agreed to an even share of the resulting costs for the studies, with each cost-sharing obligation broken down to a third; and WHEREAS, Modesto, Turlock and Del Puerto wish to enter into this Memorandum of Understanding (MOU) to clearly identify the roles and responsibilities of each party as they relate to professional services to be provided by the selected Consultant, including payment of all costs incurred.

NOW THEREFORE, Modesto, Turlock, and Del Puerto agree as follows:

ARTICLE I

PARTY RESPONSIBILITIES

1. The above Recitals are made a part of this Agreement as if they were set forth herein.

2. A Consultant will be selected based on a competitive process conducted in accordance with the Modesto Municipal Code and applicable Modesto administrative directives.

3. Modesto will enter into a professional services agreement for the delivery of services, for a joint project between the Parties.

4. Modesto will provide all invoices received from the Consultant associated with the Consultant Agreement with costs payable by Turlock and Del Puerto to be reviewed for approval prior to payment. Modesto will pay all invoices in full, and Turlock and Del Puerto shall reimburse Modesto for their share of the costs within 30-days of invoice approval as outlined in Article IV.
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Memorandum of Understanding Between the City of Modesto, City of Turlock, and Del Puerto Water District
2 5. Modesto will serve as the “lead agency” for purposes of the development of the Scope of Work, and Turlock and Del Puerto will serve as the “Partner Agencies” for purposes of review and approval of any work completed. Modesto will serve as lead agency for the purpose of reviewing all work completed and produced as part of this project upon request.

6. Adoption of the MOU shall be conducted independently through each jurisdiction’s legislative decision-making body.

7. The Parties shall be responsible for their share of all costs incurred under this MOU.

8. The Agencies shall be responsible for their share of all costs incurred for the Far-Field Dilution and CEC Studies under this MOU with each cost-sharing obligation broken down to a third.

ARTICLE II

GENERAL PROVISIONS

1. This MOU shall form the entire agreement and understanding between the Parties.

Except as provided in Article VII hereof, no other written or verbal statements, shall be binding upon the parties or construed as modifying this MOU in any way.

2. The governing law of this MOU shall be the law of the State of California. The parties agree that Stanislaus County is the sole proper venue for the litigation of any and all disputes arising out of or relating to this MOU.

3. Communications to Modesto shall be directed to:

Attention: Melissa Holden
City of Modesto Wastewater Division
1221 Sutter Avenue
Modesto, CA 95351
(209) 577-6200
Communications to Turlock shall be directed to:

Attention: David Huff
City of Turlock
156 S. Broadway STE 270
Turlock, CA 95380
(209) 668-5451
Communications to Del Puerto shall be directed to:

Attention: Anthea Hansen
Del Puerto Water District
PO Box 1596
Patterson, CA 95363
(209) 892-4470
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Memorandum of Understanding Between the City of Modesto, City of Turlock, and Del Puerto Water District
3 ARTICLE III
TERM
The term of this MOU shall be in effect until all work to be conducted by the Consultant under the terms of the Consultant Agreement has been conducted and all costs incurred paid.

ARTICLE IV

CHARGES, INVOICING, AND PAYMENT

1. Modesto will provide all Consultant invoices, highlighting Turlock’s share of costs and Del Puerto’s share of costs for review and approval prior to payment. Turlock and Del Puerto shall have 15-days to review the invoice.

2. Modesto will pay all invoices received from the Consultant associated with the Studies in full and Turlock and Del Puerto shall reimburse the City for their share of the costs within 30-days of invoice approval.

ARTICLE V

INDEPENDENT CONTRACTOR STATUS
This MOU is by and between the City of Modesto, Turlock and Del Puerto and is not intended to and shall not be construed to create the relationship of employer, employee, partnership, agent, servant, or joint venture with Turlock, Del Puerto or any persons employed by the Parties including Subcontractors or employees thereof. The Parties shall control the manner and means of accomplishing the performance of the MOU.

ARTICLE VI

INDEMNIFICATION
Neither party, nor any of its officers or employees, shall be responsible for any damage or liability occurring by reason of any act or failure to act by the other party under or in connection with any work delegated to that party under this MOU. The parties further agree, pursuant to Governmental Code Section 895.4, that each party shall fully indemnify and hold harmless the other party and its agents, officers, employees, and contractors from and against all claims, damages, losses, judgments, liabilities, expenses and other costs, including litigation costs and attorney fees, arising out of, resulting from, or in connection with any work delegated to or action taken or omitted to be taken by such party under this MOU.

ARTICLE VII

MODIFICATIONS
This MOU may be modified only with the written agreement of the parties. #5..
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Memorandum of Understanding Between the City of Modesto, City of Turlock, and Del Puerto Water District
4 ARTICLE VIII

DISPUTES
The parties may pursue their respective remedies at law or equity for any claim, controversy, or dispute relating to this MOU.

ARTICLE IX

NON-ASSIGNMENT
Neither party shall assign, transfer, or further subcontract this MOU, in whole or in part, without prior written approval of the others.

ARTICLE X

SEVERABILITY AND SURVIVAL
If any of the provisions herein are held for any reason to be invalid, illegal, or unenforceable in any respect, such invalidity, illegality, or unenforceability will not affect any other provision, and this MOU will be construed as valid, legal, and enforceable in all other respects.

ARTICLE XI

TERMINATION

1. Each party retains the right to terminate this MOU without cause upon thirty (30) days advance notice to the other two parties. Each party retains the right to terminate this MOU for cause upon twenty-one (21) days advance written notice to the other two parties, which notice shall specify the cause.

2. After termination, Turlock and Del Puerto shall remain responsible for the payment of any outstanding cost share for work already performed by the Consultant for the benefit of Turlock and Del Puerto.

ARTICLE XII

ENTIRE DOCUMENT
This MOU represents the entire agreement between the parties and supersedes all prior agreements and understandings.

IN WITNESS WHEREOF, the parties have caused this MOU to be executed by their duly authorized representatives, as follows:
[ signatures appear on following page]
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Memorandum of Understanding Between the City of Modesto, City of Turlock, and Del Puerto Water District
5 CITY OF TURLOCK DEL PUERTO WATER DISTRICT
____________________________ ______________________________ Reagan M. Wilson, City Manager Anthea G. Hansen, General Manager

CITY OF MODESTO
BY: _________________________
Joseph P. Lopez, City Manager
ATTEST: ________________________________
Diane Nayares-Perez, CMC, City Clerk
(SEAL)
APPROVED S TO FORM:

BY: ________________________
Jose M. Sanchez, City Attorney
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CITY OF MODESTO

COMMITTEE AGENDA REPORT
DATE OF MEETING:

June 5, 2023
Date: May 4, 2023
TO: Economic Development Committee
Sue Zwahlen, Chair
Chris Ricci, Vice-Chair
Eric Alvarez, Member
THROUGH: Joseph P. Lopez, City Manager
FROM: William Wong, Director of Utilities
SUBJECT: Award of Bid for Cathodic Protection Services
CONTACT: Jason Farnsworth, Wastewater Division Manager, [email protected] 209-577-6255
DESCRIPTION:

Consider approving an Agreement for the furnishing of Cathodic Protection Testing and Reporting Services to Corrpro Companies, Inc., Hayward, CA, for a total amount not to exceed $896,192 over five years and forwarding to Council for approval. (Funding Source: Sewer Operations Fund)
STRATEGIC PLAN ELEMENT:

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

BACKGROUND:

The City of Modesto's Water Quality Control Facility (WQCF) on Jennings Road has miles of steel pipe underground that will corrode, based on soil conditions, including the tertiary treatment plant discharge pipe and recycled water conveyance lines that travel under the San Joaquin River to the Delta-Mendota Canal. The cathodic systems keep the pipe from corroding but need to be inspected annually and repaired as needed to maintain cathodic protection. City staff does not have the necessary experience, equipment, or certifications to perform the work in-house. Annual testing, reporting and repairs are required for meeting the National Association of Corrosion Engineers (NACE) criteria for corrosion control.

The Jennings plant has a total of 51 anode test station (ATS) locations. The inspection in March 2022 was the first year with reported deficiencies. Fifteen ATS locations did not meet the NACE criteria. The budgetary estimate to replace the ATS locations was $90,000. This cost included engineering, materials, installation, inspections, testing, and written reports. #6..
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Economic Development Committee, June 5, 2023
Award of Bid for Cathodic Protection Services

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DISCUSSION:

Due to the NACE criteria for corrosion control and the reported deficiencies, staff recommends a five-year annual agreement for annual inspection, reporting and repair services. If there were a failure due to corrosion, the City would be at risk of violating National Pollutant Discharge Elimination System (NPDES) permit R5-2022-0034, as well as Permit No. 19099 from the Central Valley Flood Protection Board.

On March 14, 2022, the City Manager authorized the Purchasing Manager to solicit the procurement for the cathodic protection testing and reporting services. On February 7, 2023, the Purchasing Division issued Invitation for Bids (IFB) 2122-60, for the Cathodic Protection Testing and Reporting Services on the City’s PlanetBids public bidding website under various commodity codes1. Prospective bidders were notified online and via email of the bid opportunity.

Twenty-seven (27) companies downloaded the IFB document from PlanetBids.

On March 14, 2023, bids were formally opened in the City Clerk’s office and broadcast via Microsoft Teams Livestream. Two (2) bidders chose to respond, there were no local bids received. Based on providing the lowest responsive and responsible bid, City staff recommended to award the Cathodic Protection Testing and Reporting Services to Corrpro Companies, Inc., Hayward, CA for a two-year agreement with three (3) one-year extension options, for an annual estimated amount of $240,000 for the first year, and a total amount not to exceed $896,192 over five (5) years.

Modesto Municipal Code Section 8-3.203 generally requires all purchases, which meet or exceed $50,000 for material, equipment, or contractual services to be formally bid. Based on providing the lowest responsive and responsible bid which conforms to the Modesto Municipal Code, 8-3.203 City staff recommends the award of bid for cathodic protection testing and reporting services to Corrpro Companies, Inc., Hayward, CA.

FISCAL IMPACTS:

Expenditures over the past three years for cathodic protection services are shown below:

YEAR EXPENDED
FY2019-20 $13,200
FY2020-21 $9,950
FY2021-22 $9,950
TOTAL $33,100
The requested estimated annual amount of $240,000 for year one will cover an inspection and an estimated $90,000 worth of repairs and/or preventative maintenance. Significant costs related to repairs and maintenance haven't been incurred until now due to the ability to keep operating within the system's design life. However, during a recent survey conducted by staff on the pipeline, an increased level of wear and tear was discovered, and it became necessary to establish a multi-year, Annual Agreement to perform all necessary repairs and/or preventative maintenance.
1 92500 – Engineering Services, Professional, 95885 – Soil and Land Management Services (Including Testing, Protection, Preparation, Planning, Etc.), 96825 – Corrosion Control Services #6..
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Economic Development Committee, June 5, 2023
Award of Bid for Cathodic Protection Services

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An estimated $150,000 annually for years two (2) through five (5) for a total amount not to exceed $896,192 over five (5) years allows for a 6% CPI increase for years three (3) through five (5) of the agreement to ensure we have enough funds to cover any unforeseen increases in costs for equipment, labor and fuel over the five (5) year term of this agreement.

Year Amount 6% CPI Total
One $240,000 - $240,000
Two $150,000 - $150,000
Three $150,000 $9,000 $159,000
Four $159,000 $9,540 $168,540
Five $168,540 $10,112 $178,652
Total Amount Not to Exceed $896,192
Funds to cover the costs associated with this agreement will be budgeted annually in the Sewer Operations fund.

RECOMMENDED COMMITTEE ACTION:

Staff Recommendations:

Motion approving the Award of Bid and Agreement for the furnishing of Cathodic Protection Testing and Reporting Services to Corrpro Companies, Inc., Hayward, CA, for a two (2) year Agreement with three (3) one-year extension options, for an annual estimated amount of $240,000 for the first year, and a total amount not to exceed $896,192 over five (5) years and forwarding to Council for approval.

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

1. Annual Agreement

2. Exhibit B Bid Submittal

3. Exhibit C IFB 2122-60

4. Financial Interest Disclosure

5. Cost Abstract
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1 ANNUAL AGREEMENT NO 246982

FOR CATHODIC PROTECTION TESTING AND REPORTING SERVICES

CORRPRO COMPANIES
This agreement, hereinafter called AGREEMENT, made and entered into in the City of Modesto, State of California, this ____ day of ________________ , 2023, by and between the City of Modesto, a municipal corporation of the State of California, hereinafter called CITY, and Corrpro Companies Incorporated, an Ohio State Corporation, hereinafter called CONTRACTOR.

W I T N E S E T H:

WHEREAS, the Modesto City Council adopted Resolution No. 2023- ____ authorizing the Award of Bid and AGREEMENT for the Cathodic Protection Testing and Reporting Services to CONTRACTOR, attached hereto as Exhibit “A” and made a part hereof, and WHEREAS, the CONTRACTOR provided a responsive and responsible submittal that best meets the CITY needs, attached hereto as Exhibit “B” and made a part hereof, and WHEREAS, the CITY and CONTRACTOR shall enter into an AGREEMENT for the Cathodic Protection Testing and Reporting Services as described in IFB 2122-60, attached hereto as Exhibit “C” and made a part hereof (hereinafter called IFB).

NOW, THEREFORE, the parties hereto mutually agree as follows:
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2 1. THE WORK:
a) CONTRACTOR shall furnish all labor, materials, equipment, fuel, tools, licenses, and insurance necessary to perform and complete the required work as specified in Exhibit “C”, and in strict accordance with the conditions of the complete AGREEMENT. b) CONTRACTOR shall do and perform the work contemplated hereby in a good workmanlike manner under the direction of and to the satisfaction of the CITY Representative. c) CONTRACTOR shall maintain proper insurance with the CITY for the duration of the AGREEMENT.
d) CONTRACTOR shall maintain a CITY business license for the duration of the AGREEMENT.
e) CONTRACTOR shall furnish said services at the following AGREEMENT rates for an annual estimated amount of $240,000 for the first year of the AGREEMENT. The total amount paid by CITY to CONTRACTOR over the full term of the AGREEMENT shall not exceed $896,192. Unless the services provided are for a lump sum or flat fee, fees for work performed by CONTRACTOR on an hourly basis shall not exceed the amounts shown on Bid attached hereto as Exhibit B.

AGREEMENT PRICING
Item Description Unit Unit Price
Jennings inspection by NACE CP Engineer (51 anode
test stations) Job $4,475
Discharge Pipeline inspection by NACE CP Engineer
(37 cathodic test stations and 5 rectifier transformers) Job $4,475 Mobilization Fees Job $337
Demobilization Fees Job $337
Item Description Payment of Prevailing Wages is
Required
Unit Unit Price
Labor Hour $156/HR
Equipment Hour $13/HR
Additional - Anode Test Stations Each $42/EA
Additional - Cathodic and Rectifier transformer Each $84/EA #6..
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3 2. PREVAILING WAGES:

In accordance with California Labor Code Section 1771, CONTRACTOR shall pay all workers, and shall ensure its subcontractors pay all of their workers, engaged in performing the services described in Exhibit “C” not less than the general prevailing rate of per diem wages for work of a similar character in the locality in which the services described in Exhibit “C” are to be performed, and not less than the general prevailing rate of per diem wages for holiday and overtime work as provided in the California Labor Code. In accordance with California Labor Code Section 1773.2, the City has obtained the general prevailing wages in the locality in which the services described in Exhibit A are to be performed for each craft or type of work needed to be as published by the State of California Department of Industrial Relations, Division of Labor Statistics and Research, a copy of which is on file in the CITY’s Purchasing Department and shall be made available on request. Contractor must comply with all applicable laws and regulations that apply to wages earned in performance of the services described in Exhibit “C”, including those set forth in Labor Code section 1770 et. seq. and in the IFB.

DIR Project ID#: 464342
Labor Craft Direct
Labor Rate*
Fringe Benefit
Rate**
Labor Markup
(percent)
Price Per
Service
NACE Cathodic Protection Technician $85.47 $25.64 39% $156.00 *Direct Labor Rate cannot be less than the minimum state prevailing wage. **Provide a copy of the current Fringe Benefit Statement. During the term of the agreement, ensure the City has a copy of the current, applicable statement on file.

3. CITY REPRESENTATIVE:

CITY Representative is: Roger Munguia, Plant Maintenance Superintendent, (209) 342-4524.

Purchasing Division Contact: Carol Wattle, Buyer, (209) 577-5406, [email protected] The CITY Representative is not authorized to commit the CITY to changes in specifications, requirements, or scope of work, changes in price(s), period of performance or delivery date(s) or method of shipment. Changes of a contractual or business nature shall be effective only by written change to the AGREEMENT, issued by the City of Modesto, Purchasing Division. #6..
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4 4. CONTRACTOR REPRESENTATIVE:

CONTRACTOR: Chris Tsutsui, Account Manager, (510) 614-8800, [email protected]

5. TERM OF AGREEMENT:

The term of the AGREEMENT shall be for a period of two years, with three one-year extension options at the sole discretion of CITY, for a total of up to five years.

Year 1: June 27, 2023 through June 26, 2024
Year 2: June 27, 2024 through June 26, 2025
Year 3: June 27, 2025 through June 26, 2026
Year 4: June 27, 2026 through June 26, 2027
Year 5: June 27, 2027 through June 26, 2028
Pricing as set forth in Section 1.e. above shall remain firm for the first two years of the AGREEMENT.

Price increases for any subsequent AGREEMENT years following the second year, shall not exceed the percentage change in the Consumer Price Index (CPI) for the West Urban Area in any one AGREEMENT year, and shall be negotiated through the Purchasing Division. Requests for price increases shall be submitted by CONTRACTOR in writing, ninety (90) days prior to the annual anniversary date of the AGREEMENT to be effective for the subsequent year.

6. LIABILITY INSURANCE:

The CONTRACTOR 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 City Clerk of the CITY. The policies or certificates thereof shall provide that, at least 30 days prior to cancellation or material change in the policy, notices of same shall be given to the Risk Manager of the CITY via PINS Advantage Insurance Program, for all of the following stated insurance policies. a. General Liability - insurance with a minimum limit of liability per occurrence of $2,000,000 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 #6..
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5 general aggregate limit shall be twice the required occurrence limit. The insurance shall indicate on the certificate of insurance the following coverage and indicate the policy aggregate limit applying to: premises and operations; broad form contractual; independent contractors and subcontractors; products and completed operations; and/or professional liability.
b. Automobile Liability – insurance with a minimum limit of liability per occurrence of $1,000,000 for bodily injury and property damage and transportation related pollution liability. This insurance shall cover any automobile for bodily injury and property damage.
c. Workers' 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 per accident for bodily injury or disease. d. Pollution Liability – and/or Asbestos pollution liability and/or errors & omissions applicable to the work being performed, with a limit no less than $1,000,000 per claim or occurrence and $2,000,000 aggregate per policy period of one-year.

If at any time any of said policies shall be unsatisfactory to the CITY, as to form or substance or if a company issuing such policy shall be unsatisfactory to the CITY, the CONTRACTOR shall promptly obtain a new policy, submit the same to the CITY’s Risk Manager for approval and submit a certificate thereof as hereinabove provided. Upon failure of the CONTRACTOR to furnish, deliver or maintain such insurance and certificates as above provided, this AGREEMENT, at the election of the CITY, may be forthwith declared suspended, or terminated. Failure of the CONTRACTOR to obtain and/or maintain any required insurance shall not relieve the CONTRACTOR from any liability under this AGREEMENT, nor shall the insurance requirements be construed to conflict with or otherwise limit the obligations of the CONTRACTOR concerning indemnification. The CITY, its agents, officers, employees, and volunteers shall be named as an additional insured on all insurance policies required herein, except Workers' Compensation.

The Workers' Compensation insurer shall agree to waive all rights of subrogation against the CITY, its agents, officers, employees, and volunteers for losses arising from work performed by CONTRACTOR for the CITY.
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6 The CONTRACTOR’s insurance policy(ices) shall include a provision that the coverage is primary as respects the CITY; shall include no special limitations to coverage provided to additional insured; and, shall be placed with insurer(s) with acceptable Best's rating of A:VII or with approval of the CITY’s Risk Manager.

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

7. PAYMENT:

The CITY is exempt from payment of Federal Excise Tax, and all invoices shall be exclusive of such excise tax.

Invoice to: City of Modesto
Attn: Accounts Payable
P.O. Box 642
Modesto, CA 95353
Email to: [email protected]
At a minimum, invoices shall state the following:
• This AGREEMENT number: 246982
• CITY department/division name and address
• Billing period
• Service hours worked day and week
• Unit price, extended price, sales tax and total

8. INDEMNITY: The CONTRACTOR shall hold the CITY, its agents, officials, officers, employees, and volunteers, harmless from and save, defend and indemnify them against any and all claims, losses, liabilities, #6..
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7 judgments or damages from every cause, including but not limited to injury to person or property or wrongful death, including reasonable costs and expenses of defense of any judicial or administrative action, arising directly or indirectly out of any negligent or intentional act or omission of CONTRACTOR, or its agents, officials, officers, employees, or volunteers relating to or during the performance of its obligations under this AGREEMENT. CONTRACTOR’s obligation to defend, indemnify, and hold the CITY, its agents, officials, officers, and employees harmless under the provisions of this paragraph is not limited to or restricted by any requirement in this AGREEMENT for CONTRACTOR to procure and maintain a policy of insurance.

9. VENUE & GOVERNING LAW:

Venue for any dispute or claim arising or related to this AGREEMENT its performance, breach, or interpretation (including issues about its validity or enforceability), shall be exclusively in the Superior Court of Stanislaus County or the United States District Court for the Eastern District of California This AGREEMENT shall be deemed made in, governed by, performed in, and construed and enforced in accordance with the laws of the State of California, without giving effect to its conflicts of laws provisions or principles.

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

11. COMMENCEMENT AND COMPLETION OF THE WORK:

The work contemplated herein shall be commenced after the AGREEMENT administrator receives and has on file:

Proofs of insurance (approved by CITY Risk Manager); and Executed AGREEMENT;
a. Resolution No.2023-_______;
b. CONTRACTOR Bid submittal;
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8 c. IFB No. 2122-60;
d. Contractor’s City of Modesto business license

12. TERMINATION OF SERVICES:

Termination for Default: In the event either party fails to perform under this AGREEMENT or breaches any condition contained herein, the other party shall notify in writing the breaching party of the nonperformance. Within 10 days after receipt of notification, the breaching party shall correct any nonperformance to the reasonable satisfaction of the non-breaching party, or such other time as may be identified in the notice. Failure to correct any non-performance shall allow the non-breaching party to terminate this AGREEMENT for cause.

Termination by City for Convenience: The City may also terminate this AGREEMENT the Contractor's performance underthe AGREEMENT, eitherin whole orin part, at its own discretion and without cause.

Post-Termination Procedure
Upon receipt of a written notice of termination pursuant to either of the foregoing paragraphs, the CONTRACTOR shall:
a. Cease its work as directed in the notice of termination as of the termination date and see to it that its employees, subcontractors and agents are notified of such termination and act as specified in the notice of termination; b. Terminate all orders and subcontracts except as necessary to complete any portion of the SERVICES that are 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, but in no event shall recovery by any CONTRACTOR or subcontractor include lost profits for portions of the SERVICES not completed or undertaken, including materials not delivered; #6..
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9 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 CONTRACTOR in performing the SERVICES 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 SERVICES 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 SERVICES and/or property related to the SERVICES;
h. If CITY so requests, and at CITY's cost, CONTRACTOR shall provide sufficient oral or written status reports to make CITY reasonably aware of the status of CONTRACTOR’s work on the SERVICES.
i. CONTRACTOR understands and agrees that CITY may, in CITY’s sole discretion, refuse to pay CONTRACTOR for that portion of CONTRACTOR's SERVICES which were performed by CONTRACTOR on the project prior to the termination date and which remain unacceptable and/or not useful to CONTRACTOR as of the termination date.

CITY will pay CONTRACTOR for SERVICES actually completed prior to the receipt of the termination notice or otherwise completed in accordance with the notice of termination. The final payment to the CONTRACTOR 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 SERVICES such as subcontractor agreements or contracts for materials; b. The AGREEMENT price allocable to the portion of the SERVICES properly performed or goods supplied to the work site by the CONTRACTOR as of the #6..
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10 date of termination, as determined in accordance with the notice of termination, reduced by any sums previously paid to the CONTRACTOR for such SERVICES.

13. COMPLIANCE WITH ALL LAWS:

CONTRACTOR hereby agrees that CONTRACTOR and its subcontractors, if any, in the performance of the SERVICES described herein, will comply with all federal, state, county and municipal laws, rules and regulations which may be applicable to the work herein contracted for, whether now in existence or hereafter adopted.

14. FAILURE TO PERFORM SATISFACTORY WORK: It is agreed and understood that if the CONTRACTOR fails to perform the SERVICES as specified herein, CITY's representative may:
a. Consent to accept such unsatisfactory service with an appropriate adjustment in contract price, based on established cost factors,
b. Have such required work done by CITY forces or otherwise, and charge the cost thereof to the CONTRACTOR, or
c. Recommend termination of AGREEMENT between said the CONTRACTOR and the City of Modesto.

Unless otherwise negotiated, billing adjustments for this incomplete or uncorrected work shall be permanent retention of 100% of the estimated monthly cost for the SERVICES not corrected or completed.

15. ASSIGNMENT OF RIGHTS: The CONTRACTOR offers and agrees, and will require all subcontractors and suppliers to agree, to assign to the CITY all rights, title, and interest in and to all causes of action it and they may have under Section 4 of the Clayton Act (15 United States code, Section 15) or under the Cartwright Act (Business and Professions Code, Section 16700 et seq.), arising from the acquisition of goods, services, or materials pursuant to this AGREEMENT or any allowed subcontract. The assignment made by #6..
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11 CONTRACTOR and all assignments made by subcontractors and suppliers shall be made and become effective at the time the CITY makes final payment to the CONTRACTOR, without further acknowledgment by the parties (Government Code, Sections 4550-4554).

16. CITY PROCESS/PROCEDURE APPROVALS: CITY approval of any process or procedure shall not relieve CONTRACTOR of its responsibility to furnish the required SERVICES meeting all specifications contained herein.

17. DIR REGISTRATION: Pursuant to Labor Code section 1771.1, CONTRACTOR may not engage in the performance of the Services set forth in Exhibit “C”, unless currently registered and qualified to perform public work pursuant to Section 1725.5 thereof. As required in Section 7029.1 of the Business and Professions Code or by Section 10164 or 20103.5 of the Public Contract Code, that during term of this AGREEMENT, CONTRACTOR shall be registered to perform public work pursuant to Section 1725.5 thereof.

18. CONTRACTOR'S RESPONSIBILITY FOR DAMAGES: If CONTRACTOR damages any property belonging to the CITY or a third party, the CONTRACTOR will be required to make repairs immediately, at CONTRACTOR’s sole cost and expense, to the satisfaction of the CITY. In the event that CONTRACTOR fails to perform the necessary repairs, the CITY may either retain from the money due to CONTRACTOR an amount sufficient to repair the damage or perform the repairs and send an invoice to the CONTRACTOR for such costs, which shall be paid within thirty (30) days.

19. NOTICES:

Any notice, payment or instrument required or permitted by this AGREEMENT to be given or delivered to either party shall be deemed to have been received when personally delivered, or one calendar week following deposit of the same in any United States Post Office, registered or certified mail, postage prepaid, addressed as follows:

CONTRACTOR: Corrpro Companies, Incorporated
2625C Barrington Ct.

Hayward, CA 94545
ATTENTION: Christopher Tsutsui
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12 CITY: City of Modesto
Purchasing Division
P.O. Box 642
Modesto, CA 95353
ATTENTION: Purchasing Manager
Each party may change its address for delivery of notice by delivering written notice of such change of address to the other party.

20. SIGNATORY(IES) FOR CONTRACTOR:

Each signatory for CONTRACTOR below warrants and represents that it is legally competent to, and have full authority to, execute the AGREEMENT.

21. QUANTITIES: No minimum or maximum is guaranteed or implied.

22. FUNDING: All annual extensions are based upon continuous funding for that purpose by the City Council. Failure to fund any annual extension shall result in an immediate termination of the AGREEMENT without redress.

23. OTHER GOVERNMENT/PUBLICLY FUNDED AGENCIES: If mutually agreeable to all parties, the issuance of any resultant contract/purchase order referencing these specifications and modified by mutual AGREEMENT between all parties may be extended to other government or publicly funded agencies. It shall be understood that all terms and conditions as specified herein shall apply.

24. NON-DISCRIMINATION:
a. During the performance of this AGREEMENT, CONTRACTOR and any allowed subcontractors shall not unlawfully discriminate against any employee or applicant for employment because of race, color, ancestry, religion, sex, national origin, marital status, age, medical condition (cancer related), physical handicap (including AIDS), sexual orientation, or any other basis prohibited by Federal or California law. Equal employment opportunity extends, but is not limited to recruitment, compensation, benefits, layoff, termination, and all other conditions of employment. The CONTRACTOR and any allowed subcontractors shall ensure that the evaluation and treatment of their employees and applicants for employment are free of such discrimination.

The CONTRACTOR and any allowed subcontractors shall comply with the provisions of the Fair Employment #6..
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13 and Housing Act (Government Code, Section 12900 et seq.) and the applicable regulations promulgated thereunder (California Administrative Code, Title 2, and Section 7285.0 et seq.). The applicable regulations of the Fair Employment and Housing Commission implementing Government Code, Section 12900, set forth in Chapter 5 of Division 4 of Title 2 of the California Administrative Code are incorporated into this contract by reference and made a part hereof as if set forth in full. b. The CONTRACTOR and any allowed subcontractors shall give written notice of their obligations under this clause to labor organizations with which they have a collective bargaining or other agreement.
c. The CONTRACTOR shall include the nondiscrimination and compliance provisions of this clause in any allowed subcontracts to perform SERVICES. d. The Contractor shall permit access by representatives of the Department of Fair Employment and Housing and the CITY upon reasonable notice at any time during the normal business hours, but in no case less than 24 hours’ notice, to such of its books, records, accounts, other sources of information and its facilities as said Department or CITY shall require to ascertain compliance with this AGREEMENT. e. By executing this AGREEMENT, CONTRACTOR certifies that it shall follow and be in compliance with the Americans with Disabilities Act of 1990, the applicable administrative requirements promulgated in response thereto, and any other applicable Federal laws and regulations relating to handicap discrimination and participation, and will continue to do so for at least the duration of the AGREEMENT and any extensions thereof.

25. CONTRACTOR LICENSES & PERMITS: CONTRACTOR warrants and represents that it possesses and shall maintain all licenses, and shall secure and maintain all necessary permits, necessary to perform the SERVICES.

26. RECORDS: All final versions of reports, data, maps, models, charts, studies, surveys, photographs, memoranda, plans, studies, specifications, records, files, or any other documents or materials, in electronic or any other form, that CONTRACTOR prepares or obtains pursuant to this AGREEMENT and that relate to the #6..
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14 matters covered hereunder shall be the property of the CITY. CONTRACTOR hereby agrees to deliver those documents to the CITY upon termination of the AGREEMENT, and the CITY may use, reuse or otherwise dispose of the documents without CONTRACTOR’s permission. It is understood and agreed that the documents and other materials, including but not limited to those described above, prepared pursuant to this AGREEMENT are prepared specifically for the City and are not necessarily suitable for any future or other use.

27. FACILITIES AND EQUIPMENT: Except as set forth herein, CONTRACTOR shall, at its sole cost and expense, provide all facilities and equipment that may be necessary to perform the services required by this AGREEMENT. CITY shall make available to CONTRACTOR only the facilities and equipment listed in EXHIBIT “B” and “C”, and only under the terms and conditions set forth herein.

28. INDEPENDENT CONTRACTOR; NOT AGENT: At all times during the term of this AGREEMENT, CONTRACTOR shall be an independent contractor and shall not be an employee of CITY. CITY shall have the right to control CONTRACTOR only insofar as the results of CONTRACTOR’s services rendered pursuant to this AGREEMENT. Except as City may specify in writing, CONTRACTOR shall have no authority, express or implied, to act on behalf of CITY in any capacity whatsoever as an agent. CONTRACTOR shall have no authority, express or implied, pursuant to this AGREEMENT to bind City to any obligation whatsoever.

29. DRUG FREE WORKPLACE: CONTRACTOR certifies that it is following and in compliance with Sections 8350 - 8355 of Chapter 5.5 of the Government Code, Drug Free Workplace Act whereby each person or organization awarded a contract/purchase order or grant for the procurement of any property or service from any state agency (city) shall certify to the contracting or granting agency that it will provide a drug free workplace.

30. ASSIGNMENT:

Neither this AGREEMENT nor any SERVICES hereunder shall be subcontracted or assigned by CONTRACTOR without the prior written consent of the CITY in each and every instance. #6..
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15 31. 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.

32. HEADINGS NOT CONTROLLING:

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

33. MISCELLANEOUS:

Time is of the essence in CONTRACTOR’s performance under each provision of this AGREEMENT.

34. ENTIRE AGREEMENT:

This AGREEMENT and its exhibits contain the entire understanding between CONTRACTOR and CITY. Additional or new terms contained in this AGREEMENT which vary from CONTRACTOR’S bid are controlling and are deemed accepted by CONTRACTOR by performance of any SERVICES or other commencement of performance hereunder. The terms and conditions of the IFB, attached hereto as Exhibit C, are incorporated herein. In the event of a conflict between the IFB and this AGREEMENT, this AGREEMENT shall control. All previous bids, 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 or exception to any of the terms, conditions, and provisions of this AGREEMENT shall be considered valid unless specifically agreed to in writing by the parties.

35. 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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16 IN WITNESS WHEREOF, the CITY OF MODESTO, a municipal corporation, has authorized the execution of this AGREEMENT in duplicate by its City Manager and attested 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 Corrpro Companies Incorporated has caused this AGREEMENT to be duly executed.
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EXHIBIT B
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1 INVITATION FOR BIDS (“IFB”) NO. 2122-60
FOR

CATHODIC PROTECTION TESTING AND REPORTING SERVICES

THE PAYMENT OF PREVAILING WAGES IS REQUIRED
MANDATORY ON-SITE VISIT:

To be held on:

February 15, 2023 at 9:00 A.M.

Meeting Location:

Wastewater Treatment Plant
7007 Jennings Road
Modesto, CA 95358
BID OPENING: March 14, 2023 at 11:00 A.M.

CITY OF MODESTO CONTACT: Carol Wattle, Buyer
E-MAIL ADDRESS: [email protected]

EXHIBIT C
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2 TABLE OF CONTENTS
Page
. Notice to Bidders............................................................................................................. 3-4 . Calendar of Events............................................................................................................. 5 . City Contacts...................................................................................................................... 5 . Precedence.......................................................................................................................... 5 . Virtual Opening.................................................................................................................. 6

GENERAL REQUIREMENTS
. Bid Submittal...................................................................................................................... 7 . Acceptance/Rejection of Irregular Bids............................................................................. 7 . Complete Bid Document................................................................................................. 7-8 . Compliance/Non-Compliance............................................................................................ 8 . Proposed Pricing Format.................................................................................................... 8 . Award of Bid................................................................................................................... 8-9 . Protest and Appeal Procedures....................................................................................10-14 . Bid Submittal Checklist ................................................................................................... 15 REQUIRED BID SUBMISSION DOCUMENTS (Sign Wherever Indicated) . Bid Form A – IFB Acknowledgement…………………………………….……… 16-18 . Bid Form B – Bidder Company Information..............................................................19-20 . Bid Form C - Pricing Schedule...................................................................................21-22 . Bid Form D – Bidder Exceptions, Clarifications, Amendments..................................... 23 . Bid Form E – Bidder Customer References...............................................................24-25 . Bid Form F - Financial Interest Disclosure.................................................................26-27 . Bid Form G – Support of Local Vendor.......................................................................... 28 . Bid Form H – Bidder Company History Statement ....................................................... 29 . Bid Form I - Addenda Acknowledgement....................................................................... 30 . Bid Form J – Bidder Warranty Statements...................................................................... 31 . Bid Form K – Bidder Experience and Certifications....................................................... 32 . Bid Form L - Subcontractors List .................................................................................... 33

TECHNICAL REQUIREMENTS
. Scope of Work.................................................................................................................. 34 . Required Licenses............................................................................................................ 35 . Sample Annual Agreement ........................................................................................37-52 #6..
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INVITATION FOR BIDS # 2122-60

CATHODIC PROTECTION TESTING

AND REPORTING SERVICES
3 NOTICE TO BIDDERS
NOTICE IS HEREBY GIVEN that the City of Modesto, County of Stanislaus, State of California (“City”), will receive at the City Clerk’s office, 1010 Tenth Street, Suite 6600, Modesto, CA 95354 sealed Bids (each, a “Bid”) from qualified Bidders (each, a “Bidder”) for the furnishing of Cathodic Protection Inspections, Testing, Reporting, and Repair Services (the “Services”) for the City of Modesto, Utilities Department, Wastewater Division.

All equipment, materials, and supplies shall be furnished F.O.B. City of Modesto (delivery charges borne by Bidder, included in the Services pricing herein, and not separately charged to the City).

Bidders are highly recommended to download all IFB documents from the City’s Purchasing Division website at http://www.modestogov.com/257/Contracting-Bid-Opportunities; such IFB documents shall include all specifications necessary for Bidders to submit a responsive Bid.

Each Bid shall be sealed and filed with the City Clerk’s office, 1010 Tenth Street, Suite 6600, Modesto, CA 95354 prior to, March 14, 2023 at 11:00 A.M., at which time Bids will be opened, read and recorded. The opening of bids will not be physically open to the public, but may be viewed simultaneously via video conferencing in the manner provided for herein. All Bids shall be available for review following City Council award approval at the Purchasing Division, 1010 Tenth Street, 5th Floor, Suite 5300, Modesto, CA 95354.

Bids will be received only at the address shown above, and prior to the time indicated. Any Bid received at or after said time and/or date, or at a place other than the stated address cannot be considered and will be returned to the Bidder unopened.

All Bids, whether delivered by an employee of the Bidder, U.S. Postal Service, courier or package delivery service must be received and time stamped at the stated address prior to the time designated.

The City Clerk’s time stamp shall be considered the official timepiece for the purpose of establishing the actual receipt of Bids. Bids will not be accepted by email or facsimile. The City of Modesto assumes no responsibility for delay in the delivery of the Bid. #6..
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CATHODIC PROTECTION TESTING

AND REPORTING SERVICES
4 On the outside of the Bid envelope and courier envelope, if any, the Bidder shall indicate the following:
“NAME AND ADDRESS OF BIDDER
BID IN RESPONSE TO INVITATION FOR BIDS # 2122-60
BID OPENING DATE: MARCH 14, 2023 AT 11:00 A.M.”
Bidder must deliver your Bid by a preferred method to the appropriate location below:

MAIL TO: CITY CLERK DELIVER/ COURIER TO: CITY CLERK

CITY OF MODESTO CITY OF MODESTO
P.O. BOX 642 1010 10TH STREET,
SUITE 6600, MODESTO, CA 95353 MODESTO, CA 95354
The City reserves the right to reject any or all Bids or to waive any informalities or minor irregularities in a Bid.

No Bidder may withdraw its Bid for a period of 90 days after the date set for the opening thereof. #6..
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INVITATION FOR BIDS # 2122-60

CATHODIC PROTECTION TESTING

AND REPORTING SERVICES
5 CALENDAR OF EVENTS
Event Date
IFB Issued February 7, 2023
Mandatory Site Visit February 15, 2023
Written Questions Due via Email February 21, 2023
Addendum Issued (if required) February 28, 2023 (approximate date) Bid Due Date & Time PRIOR 11:00 A.M. on Tuesday, March 14, 2023 Contract Award Approximately June, 2023

CITY CONTACT
All questions regarding these specifications, terms, and conditions shall be submitted in writing via email to the City’s Purchasing Division contact named on the cover page of this IFB (“City Contact”) by the date listed in the CALENDAR OF EVENTS above. The City will respond to pertinent questions through issuance of an Addendum to be available to all Bidders. All contact between Bidder and the City regarding the Bid process shall be through the City Contact. Attempts by the Bidder to contact other City personnel regarding this IFB and associated process may result in disqualification of the Bidder. Notwithstanding the foregoing, information intentionally or un-intentionally provided by any person other than the City Contact may not be correct and will not be binding upon the City.

BIDDER FAMILIARITY WITH SERVICE CONDITIONS
It is the responsibility of each Bidder to become familiar with all of the specifications, terms and conditions and the site condition (if applicable). The Bidder agrees to and acknowledges all IFB specifications, terms, and conditions and indicates the ability to perform by submission of a Bid. By the submission of a Bid, the Bidder certifies that if awarded a contract it will make no claim against the City based upon ignorance of conditions or misunderstanding of the specifications.

CALIFORNIA LABOR CODE SECTION 1771.1 (a)
The California Labor Code states that, “A contractor or subcontractor shall not be qualified to Bid on, be listed in a Bid proposal, subject to the requirements of Section 4104 of the Public Contract Code, or engage in the performance of any contract for public work, as defined in this chapter, unless currently registered and qualified to perform public work pursuant to Section 1725.5. It is not a violation of this section for an unregistered contractor to submit a Bid that is authorized by Section 7029.1 of the Business and Professions Code or by Section 10164 or 20103.5 of the Public Contract Code, provided the contractor is registered to perform public work pursuant to Section 1725.5 at the time the contract is awarded.” This IFB is subject to the registration requirement set forth above.

PRECEDENCE
Bidder agrees that any agreement resulting from City’s acceptance of its Bid, together with the terms in any City purchase order and associated specifications provided by the City to Bidder therewith, shall comprise the entire agreement between City and Bidder. Moreover, Bidder agrees that any additional or contrary terms contained in Bidder’s acknowledgement of, shall be null and void. #6..
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CATHODIC PROTECTION TESTING

AND REPORTING SERVICES
6 VIRTUAL BID OPENING
The City of Modesto will be broadcasting Bid openings live electronically via Microsoft Teams at 11:00 a.m. (Pacific Time) on Tuesday, March 14, 2023. The City Clerk Record of Bid document should be available on Planet Bids by the end of the same day.

The public Bid opening for this Invitation for Bids will be available using the URL link containing the Number and Title of the Bid on the cover page, provided below. By submitting your Bid for the abovestated IFB you acknowledge, understand, and agree to this modified Bid opening procedure.

URL: https://teams.microsoft.com/l/meetup
join/19%3ameeting_NTI0YzBiMDMtNDQ0Yi00YjNlLWIwZjYtYzg4ZDVjMDdkM2Mz%40thread.v2 /0?context=%7b%22Tid%22%3a%22125ccacf-fc61-463c-9976-
189f876ff90b%22%2c%22Oid%22%3a%229715c333-c997-4dd7-8984-12cd4deaa705%22%7d Join Microsoft Teams Meeting (Click here to join the meeting) • +1 (469)-998-7409
• Conference ID: 961 656 049#
Should you have any questions regarding this, please do not hesitate to contact the Purchasing Department Contact listed on the Cover Page.
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INVITATION FOR BIDS # 2122-60

CATHODIC PROTECTION TESTING

AND REPORTING SERVICES
7 GENERAL BID REQUIREMENTS
A. BID SUBMITTAL: Bidders should submit two “inked” (preferably blue ink) signed original Bid document, plus one copy of the signed original Bid document, and one electronic copy submitted via USB. The original Bid document shall be clearly marked. Photocopies do not constitute an original Bid. FAILURE TO FURNISH AT LEAST TWO “INKED” SIGNED ORIGINAL BID DOCUMENT MAY RESULT IN DISQUALIFICATION.

B. CONFIDENTIAL BIDDER INFORMATION: It is the responsibility of the Bidders to identify information in their Bid submission that they may consider to be confidential under the California Public Records Act. To the extent that the City agrees with that designation, such information will be held in confidence whenever possible. All other information will be considered public.

C. BIDDER COSTS INCURRED IN RESPONDING TO IFB: All costs associated with the preparation and submission of a Bid shall be borne by the Bidder.

D. BIDDER EXCEPTIONS: All exceptions taken to this IFB and associated specifications shall be specifically and clearly identified on Exceptions, Clarifications and Amendments form.

Failure to comply with this provision may deem the Bid as non-responsive. Please review the Sample Agreement and make note on the Exceptions, Clarifications, and Amendments form for any changes. Exceptions taken shall not affect the overall performance and quality of equipment, materials and/or provision of Services required by the City. The Purchasing Manager or designated agent shall make the final decision regarding the acceptability of equipment, materials and/or provision of Services with exceptions.

E. CITY ACCEPTANCE/REJECTION OF IRREGULAR BIDS: An agreement shall be awarded to the Bidder whose Bid most closely satisfies the needs of the City and is deemed the most advantageous to the City. The City reserves the right to reject any or all Bids or to waive any informalities or minor irregularities in a Bid.

F. COMPLETE BID DOCUMENT: The following forms constitute the makeup of a complete Bid document and shall be signed wherever indicated and submitted to the City in the order listed ):
• Bid Form A - IFB Acknowledgement
• Bid Form B – Bidder Company Information
• Bid Form C - Pricing Schedule
• Bid Form D – Bidder Exceptions, Clarifications, Amendments • Bid Form E – Bidder Customer References
• Bid Form F - Financial Interest Disclosure
• Bid Form G – Local Business Preference Declaration
• Bid Form H – Bidder Company History Statement
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CATHODIC PROTECTION TESTING

AND REPORTING SERVICES
8 • Bid Form I - Addenda Acknowledgement Page (if applicable) • Bid Form J – Bidder Warranty Statements
• Bid Form K– Bidder Experience and Certifications
• Bid Form L - Subcontractor List
Failure to furnish any of these documents may result in disqualification.

G. COMPLIANCE/NON-COMPLIANCE: If Bidder cannot comply with a specification requirement in this IFB, note on the Exception, Clarifications, Amendments form of the specification paragraph, your exception, and your recommendation. The Purchasing Manager will evaluate your recommendation. If after evaluation it is determined that the Bidder is not in compliance with the specification, the Bid may be rejected.

H. PROPOSED PRICING FORMAT:
• The cost of labor, equipment, fuel, licenses, bonds, permits, and insurance necessary to perform the required provision of Services shall be included in Bid pricing, along with Bidder’s profit margin and any other cost factors.
• Unless otherwise stated, the Bidder agrees that, in the event of a price decline, the benefit of such lower pricing shall be extended to the City.
• The City of Modesto shall not pay mileage charges or travel time from the Contractor’s place of business to the job site, or from site to site, or for the Contractor’s travel time to pick up materials.
• Bidder shall use the pricing schedule provided in this IFB to present Bid pricing. No other form or format shall be accepted. Bid must be submitted on the Pricing Schedule provided. No alterations may be made to the pricing schedule. Any exceptions, amendments or adjustments should be noted on the Exception, Clarification, Amendments Form.

I. AWARD OF BID:
• The City may award one or more agreements to one or more Bidder in order to provide for backup, or in case the “primary” contractor is unable to meet the City’s needs. • The City reserves the right to decline to award any agreement if it is determined that the proposed pricing is not competitively priced based on similar agreements with public agencies within the State of California or if the bids received fail to meet the City’s requirements.
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CATHODIC PROTECTION TESTING

AND REPORTING SERVICES
9 • The City reserves the right to select that Bid, which best suits the City’s needs. In addition to price, consideration will be given to the quality and performance of the service to be purchased, and the criteria listed in Modesto Municipal Code Section 8-

3.203(f). Regardless of City staff’s recommendation, the City Council reserves the right to award an agreement to the Bidder that best suits the City’s needs as determined by the City Council whether or not said award is consistent with City staff’s recommendation for award.

J. SUPPORT OF LOCAL VENDOR: Should the Bidder that submits the lowest responsive Bid or and would otherwise normally qualify to receive the Bid pursuant to Sections 8-3.203 and 8-

3.204 of the Modesto Municipal Code (MMC) not be a local business as defined herein, the lowest Bid or quote submitted by a local business that is within 5%of the lowest Bid, whether or not that Bidder is the second lowest Bidder, may be deemed to be the lowest Bidder if the local Bidder agrees to reduce its Bid to match the Bid or quote of the lowest Bidder in writing within five business days after notification by City Purchasing staff, provided that said local Bidder is deemed to be a responsible Bidder as determined by the Purchasing Manager. To qualify as a local Bidder, the Bidder must have a physical business location within the City of Modesto and a current City of Modesto business license.

K. INDEMNITY: The successful Bidder (the “Contractor”) will be required to hold the City, its agents, officers, employees, and volunteers, harmless from and save, defend and indemnify them against any and all claims, losses, liabilities, judgements or damages from every cause, including but not limited to injury to person or property or wrongful death, including reasonable costs and expenses of defense of any judicial or administrative action, arising directly or indirectly out of any negligent or intentional act or omission of the Contractor, its agents, officers, employees, and volunteers relating to or during the performance of its obligations under this Bid. Contractor’s obligation to defend, indemnify, and hold the city, its agents, officers, and employees harmless under the provisions of this paragraph is not limited to or restricted by any requirement for Contractor to procure and maintain a policy of insurance. With reference to the foregoing, the parties agree that all risk of loss, including but not limited to damages, property losses and defense of third-party suits, arising out of or relation to the operation of City-owned vehicles by Contractor’s employees will be apportioned to Contractor in accordance with the provisions contained in indemnity.

L. PREVAILING WAGE: Bidder’s workers must be paid no less than the prevailing wage rate as published by the State of California Department of Industrial Relations (DIR), and the successful Bidder shall maintain certified payroll. For additional information regarding Prevailing Wages, please contact the DIR at www.DIR.CA.gov or call its Labor Research and Statistics Unit, Prevailing Wage Unit at 415/703-4774. The City standards available at the following web address shall also apply to the performance of the Bid: City Standards Website:
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CATHODIC PROTECTION TESTING

AND REPORTING SERVICES
10 M. BIDDER REPRESENTATION: Bidder represents that:
• Bidder has had an opportunity to examine and has examined any and all of the documents, including specifications, any resultant contract and supporting data, and that it has, from the information contained in such documents, specifications, and data, fully acquainted itself with all conditions relevant to the work. • Bidder has made all reasonable investigations essential to a full understanding of the difficulties, which may be encountered in performing the work. • Bidder will complete the proposed provision of Services for the compensation stated in any resultant agreement.
• Bidder assumes full and complete responsibility for all conditions relevant to the proposed provision of Services and all risks in connection therewith. • Bidder represents that it is fully qualified to perform the proposed provision of Services in accordance with the terms of any resultant agreement within the time specified therein.

N. BID PROTEST AND APPEAL PROCEDURES: Bidders wishing to protest or appeal a contract award decision by the City of Modesto must follow the procedures provided in this section. Protests or appeals which are not submitted in accordance with these procedures will not be reviewed.

Definitions
For the purposes of these procedures: "Days" means working days in which City Hall is open for business, excluding holidays and weekends.
"Bid" includes the term "offer" or "proposal" as used in the context of formal, informal, or negotiated procurements.
"Announced Decision" includes the term “Notice of Intent to Award Letter”. Once the City has issued an Announced Decision, the date noted will begin the time that a Bidder may lodge a protest.

Protest Procedures
• Only a Bidder who has actually submitted a Bid is eligible to submit a protest against the City’s Announced Decision.
• Subcontractors are not eligible to submit bid protests. #6..
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CATHODIC PROTECTION TESTING

AND REPORTING SERVICES
11 • A Bidder may not rely on the bid protest submitted by another bidder, but must timely pursue its own protest.
• A written protest to an Announced Decision must be made to the City of Modesto's Director of Finance no later than ten days after the date of the Announced Decision. • The protest shall be delivered or sent by registered mail and received by the City by the deadline, or protest will be automatically rejected. Protestors who choose to be represented by legal counsel are responsible for the associated expenses. • The protest shall be accompanied by a certified or cashier's check in the amount of $300.00, (except for protests of Federally Funded agreements), made payable to the Clerk of the City of Modesto. Protests filed without the requisite fee will be rejected without any additional review.
• The protest filed with the Director of Finance shall:
a. Include the name, address, email address and business telephone number of the protestor;
b. Identify the protest by name, Invitation for Bid (IFB) or Request for Proposal (RFP) number, and IFB/RFP date;
c. The bid protest must contain a complete statement of the basis for the protest and all supporting documentation. The protest must refer to the specific portion or portions of the Contract Documents upon which the protest is based; d. Include all supporting documentation, if any. Documentation submitted after filing deadline will not be reviewed.
• Bid Protests: A Bidder shall follow, in order, the following steps:
a. Protest to Director of Finance: Upon receipt of a complete and timely protest, the Director of Finance shall review all the submitted materials and shall create and retain a written record of the review. The Director of Finance shall respond at least generally to each material issue raised in the protest not later than ten days after receipt of the protest. Notice of the Director of Finance's decision may be given by letter mailed through U.S. Postal Service.

All protests to the Director of Finance shall either be delivered to:

City Clerk’s Office
Attn: Purchasing Manager
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12 1010 Tenth St. Suite 6600
Modesto CA 95354
Or mailed to:

City Clerk’s Office
Attn: Director of Finance
PO Box 642
Modesto CA 95353
b. Appeal to Deputy City Manager: At the protestor’s discretion, the decision of the Director of Finance may be appealed in writing to the City of Modesto's Deputy City Manager(s) no later than ten days after the date of the Director of Finance’s Decision. The scope of the appeal shall be limited by the issues raised in the initial protest to the Director of Finance. The Deputy City Manager shall not be permitted to review any newly raised issues. The Deputy City Manager shall review the appeal, accompanying supporting documents, if any and the written records of the protest review by the Director of Finance. A written record of the Deputy City Manager's review shall be created and maintained. The Deputy City Manager shall give notice of their decision to the protestor within ten days after receipt of appeal.

Further protest appeals shall either be delivered to:

City Clerk’s Office
Attn: Deputy City Manager
1010 Tenth St. Suite 6600
Modesto CA 95354
Or mailed to:

City Clerk’s Office
Attn: Deputy City Manager
PO Box 642
Modesto CA 95353
d. Appeal to City Council: Any protestor seeking to appeal to the decision of the Deputy City Manager may appeal in writing to the City Council by filing with the City Clerk a written notice of such appeal not later than ten days after the date of the Deputy City Manager's decision. The City Clerk will calendar the protest for Council hearing and give notice of the time and place of the hearing as provided #6..
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13 in Modesto Municipal Code Sections 1-4.01 through 1-4.05. The City Council’s decision on the appeal shall be final.

All protest appeals to the City Council shall either be delivered to:

City Clerk’s Office
Attn: City Council
1010 Tenth St. Suite 6600
Modesto CA 95354
Or mailed to:

City Clerk’s Office
Attn: City Council
PO Box 642
Modesto CA 95353
e. Optional Alternative Process for Protests of Procurement Actions Exceeding $250,000: A Bidder protesting procurements exceeding $250,000 shall comply with the procedures contained herein, except that in lieu of appeal to the Deputy City Manager a protestor may request that the protest be heard and decided at an administrative hearing.

A written request for administrative hearing shall be accompanied by a certified or cashier's check in the amount of $1,500, (except for protests of Federally Funded projects); The request for hearing shall include the specific grounds of the appeal.

The City of Modesto shall select and engage an impartial and qualified person to act as hearing officer in the pending protest. The protestor shall have the right to twice reject the selected hearing officer, provided that the City is notified of such rejection within three days of notice to protestor of the name of the hearing officer.

The protest shall be heard not later than twenty days after receipt of protestor's request for hearing and the selection of a hearing officer. Protests not made in a timely manner shall be deemed withdrawn, unless the City and the protestor mutually agree otherwise in writing. The protestor’s failure to accept a hearing officer after the third attempt by City staff to identify an impartial hearing officer shall be deemed a withdrawal of the protest.
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14 The costs of the hearing officer and expenses of the protest shall be borne by the protestor. The sums deposited with the request for hearing shall be credited to the costs of the hearing officer and other hearing expenses. f. Mandatory Alternative Process for Protests of Procurements Obtained with Federal Funds: If the protested procurement involves federal funds, the Deputy City Manager, City Council, or hearing officer shall give notice, accompanying their respective decisions, to the protestor that he or she has the right to appeal to the appropriate federal agency, for which an agency name, contact (where available) and address shall be provided by City staff. Such an appeal shall be filed with the appropriate agency within seven business days of the dispatch or rejection notices to the protestor. Federal agencies may entertain protests alleging that the City has failed to adopt written protest procedures or has failed to follow such procedures. The City Council is the highest authority of the City of Modesto and its decisions are final. A disappointed Bidder for a contract involving expenditures of Federal funds shall have the right to appeal the City Council decision directly to the federal agency as described herein. #6..
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15 BID SUBMITTAL CHECKLIST

BID SUBMITTAL CHECKLIST
The Bidder shall provide a complete Bid in a sealed envelope by the required deadline on the Bid Opening Date. Failure to provide all the required documents may cause the Bid to be considered nonresponsive.

Bidder’s Bid must contain the following applicable elements completed and signed as described morefully herein. The following checklist is provided solely for Bidder’s use in reviewing the completeness of your submission:

COMPLETE BID ELEMENTS 
Bid Form A – IFB Acknowledgement
Bid Form B – Bidder Company Information
Bid Form C - Pricing Schedule
Bid Form D – Bidder Exceptions, Clarifications, Amendments Bid Form E – Bidder Customer References
Bid Form F - Financial Interest Disclosure
Bid Form G – Local Business Preference Declaration
Bid Form H – Bidder Company History Statement
Bid Form I - Addenda Acknowledgement
Bid Form J – Bidder Warranty Statements
Bid Form K – Bidder Experience and Certifications
Bid Form L - Subcontractor List

Bidder’s submission should include all City of Modesto forms. If any form is not applicable, Bidder should write or type “Not Applicable” on it but still include the form in your submission. #6..
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16 BID FORM A - IFB ACKNOWLEDGEMENT
The City is soliciting Bids from qualified firms (each a “Bidder”) to fulfill the City’s requirements per the specifications, terms and conditions contained in this Invitation for Bids (“Invitation for Bids” or “IFB”).

This Bid Acknowledgement must be completed, signed by an authorized responsible officer or employee, dated and submitted with the Bid response. Obligations assumed by such signature will include the following:

1. Preparation of Bids: (a) All prices and notations must be printed in ink or typewritten. No erasures permitted. Errors may be crossed out and corrections printed in ink or typewritten adjacent and must be initialed in ink by person signing the Bid. (b) Quote price as specified in Bid. No alterations or changes of any kind shall be permitted to the Bid Form. Responses that do not comply shall be subject to rejection in total.

2. Failure to Submit Bid: If you are not submitting a Bid but want to remain on the mailing list and receive future Bids, complete, sign and return this Bid Acknowledgement and state the reason you are not pricing.

3. Taxes and Freight Charges: (a) Unless otherwise required and specified in the IFB, the prices quoted herein do not include Sales, Use or other taxes. (b) No charge for delivery, drayage, express, parcel post packing, cartage, insurance, license fees, permits, costs of bonds, or for any other purpose, except taxes legally payable by City, will be paid by the City unless expressly included and itemized in the Bid. (c) Amount paid for transportation of property to the City is exempt from Federal Transportation Tax. An exemption certificate is not required where the shipping paper shows the consignee as one (1) of the City; as such papers may be accepted by the carrier as proof of the exempt character of the shipment. (d) Articles sold to the City are exempt from certain Federal excise taxes. The City will furnish an exemption certificate.

4. Award: (a) Unless otherwise specified by the Bidder or the IFB gives notice of an all-or-none award, the City may accept any item or group of items of any Bid. (b) Bids are subject to acceptance by the City at any time within 45 days of opening, unless otherwise specified in the IFB. A Bidder shall not change its bid if accepted within such time. (c) A valid, contract based on the sample agreement attached to the IFB and the submitted bid shall be mailed, or otherwise furnished, to the successful Bidder within the time for acceptance specified, and such contract shall be a binding agreement without further action by either party. The contract shall be interpreted, construed and given effect in all respects according to the laws of the State of California.

5. Patent Indemnity: Bidders who do business with the City shall hold the City, its officers, agents and employees, harmless from liability of any nature or kind, including cost and expenses, for infringement or use of any patent, copyright or other proprietary right, secret process, patented or un- #6..
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17 patented invention, article or appliance furnished or used in connection with the contract or purchase order.

6. Samples: Samples of items, when required, shall be furnished free of expense to the City and if not destroyed by test may upon request (made when the sample is furnished), be returned at the Bidder’s expense.

7. Rights and Remedies of City for Default: (a) In the event any item furnished by the Bidder in the performance of the contract or purchase order should fail to conform to the specifications therefore or to the sample submitted by the Bidder with its Bid, the City may reject the same, and it shall thereupon become the duty of the Bidder to reclaim and remove the same forthwith, without expense to the City, and immediately to replace all such rejected items with others conforming to such specifications or samples; provided that should the Bidder fail, neglect or refuse to do so, the City shall thereupon have the right to purchase in the open market, in lieu thereof, a corresponding quantity of any such items. City may deduct from any moneys due or that may there after come due to Bidder, or send an invoice to the Bidder which shall be paid within thirty (30) days, the difference between the prices named in the contract or purchase order and the actual cost thereof to the City. In the event that the Bidder fails to make prompt delivery as specified for any item, the same conditions as to the rights of the City to purchase in the open market and to reimbursement set forth above shall apply, except when delivery is delayed by fire, strike, freight embargo, or Act of God or the government. (b) Cost of inspection or deliveries or offers for delivery, which do not meet specifications, will be borne by the Bidder. (c) The rights and remedies of the City provided above shall not be exclusive and are in addition to any other rights and remedies provided by law or under the contract.

8. Payment Terms and Methods: Bidder will be able to choose from either of the following payment methods and associated timings:
(a) Option A (Preferred): City of Modesto ePay Payment: This secure payment methodology is preferred by an increasing number of the City’s suppliers. On Net 30-day timing, you will receive a single-use Master Card number with a detailed remittance for each payment. You will process the payment though your POS/Card terminal. The payment remittance will be sent from [email protected] via email and will contain the following information:
• 16-digit credit card number
• Expiration date
• Security code
• Total dollar amount of invoices to be paid
• Invoices reference numbers and corresponding amounts
ePay results in small percentage rebate of 1.0% to the City through the card issuer. That rebate amount will be considered by the City in its evaluation of Bidder’s pricing proposal hereunder. #6..
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18 Information about enrolling in MasterCard ePay program can be obtained from the City’s contact listed on the Cover Page of this IFB.
(b) Option B – Manual Check: On Net 45 Day timing, the City will mail a hardcopy check to Bidder. The payment will be deemed to have been made when the check envelope is mailed via US Postal Service First Class Mail. The timing of the mailing will be at the end of the Net 45 Day period. Additional time should be estimated by the Bidder for the check to be in transit, and to await deposit and clearance by Bidder staff.

9. California Government Code Section 4552: In submitting a Bid to the City, the Bidder offers and agrees that if the Bid is accepted, it will assign to the City all rights, title, and interest in and to all causes of action it may have under Section 4 of the Clayton Act (15 U.S.C. Sec. 15) or under the Cartwright Act (Chapter 2, commencing with Section 16700, of Part 2 of Division 7 of the Business and Professions Code), arising from purchases of Services, materials, or services by the Bidder for sale to the purchasing body pursuant to the Bid. Such assignment shall be made and become effective at the time the purchasing body tender’s final payment to the Bidder.

10. No Guarantee or Warranty: The City makes no guarantee or warranty as to the condition, completeness or safety of any material or equipment that may be traded under a contract or purchase order resulting from this Bid.

11. Two “Inked” Signed Original Bids Document Required: Failure to furnish two “inked” signed original Bid document may result in disqualification. These must be accompanied by one copy and one electronic document recorded onto a USB storage device.

12. Minor Irregularities. The City reserves the right, in its sole discretion, to waive any informalities or minor irregularities in a Bid.

The undersigned acknowledges receipt of the referenced IFB and/or Addenda and offers and agrees to furnish the articles and/or services specified on behalf of the Bidder indicated in Bidder’s Bid Forms A through L, attached hereto and made a part hereof, for the pricing proposed on the Pricing Schedule.

Bidder Company Name:

Bidder Headquarters Address:

City/State/Zip:

Signature/Title/Date:
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19 BID FORM B – BIDDER COMPANY INFORMATION
A. Bidder Company Full
Legal Name
B. Bidder Company
Marketplace (or DBA)
Name
C. Type of Legal Entity: ___ Corporation, registered in ____________________ (State) ___ Limited Liability Company, registered in _________________(State) ___ Partnership, registered in ________________(State)
___ Sole Proprietorship, registered in ____________(State) ___ Other ___________________________________________(Describe) D. Headquarters Address
(Street Address, City,
State, Country, Postal
Code):

E. Website Address: www.___________
F. Contact Person Details: Name:

Title:

Phone (Office):

Phone (Mobile):

Mailing Address (Street Address, City, State, Postal Code):

Fax Number:

Email:

G. Federal Taxpayer
Identification Number
(TIN):

H. Dun & Bradstreet
(DUNS) Number:

I. Names and Titles of
Top Three Bidder
Officers:

J. Years in Business:

K. Bidder Office Address
Closest to City of
Modesto (Street
Address, City, State,
Country, Postal Code):

L. City of Modesto
Business License
Number (note –
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20 provide only if
available now - - but
not required until any
contract begins):

M. State of California
Contractor License
Number and Expiration
Date (if available):

N. State of California
Department of
Industrial Relations
(DIR) Registration
Number and Expiration
Date (if available):
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21 BID FORM C - PRICING SCHEDULE
All labor, materials, equipment, tools, fuel, licenses, bonds, insurance and other expenses necessary for Bidder to perform the required services shall be included in Bid pricing. Bid must be submitted on the below Pricing Schedule provided. No alterations should be made to the pricing schedule. Any exceptions, amendments or adjustments should be noted on Bid Form D – Bidder Exceptions, Clarifications, Amendments.

Item
No. Item Description Qty. Unit Price Per Job
A1
Jennings inspection by NACE CP Engineer (51
anode test stations)
1 Job $ /Job
A2
Discharge Pipeline inspection by NACE CP
Engineer (37 cathodic test stations and 5
rectifier transformers) 1 Job $ /Job
A3 Mobilization Fees 1 Job $ /Job
A4 Demobilization Fees 1 Job $ ______________ /Job
ePay 1% Rebate (See Bid Form A for this option) $-( )
Total Items A1-A4: $_____________ /Total
Number of working days to complete the project after receipt of order: ___________________ The payment of Prevailing Wages is required for all maintenance services. **For costing purposes only**
Item Description Unit Price Per Job
Labor Hour $ /HR
Equipment Hour $ /HR
Additional - Anode Test Stations Each $ /EA
Additional - Cathodic and Rectificer transformer Each $ /EA #6..
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22 Labor Craft Direct Labor Rate*
Fringe Benefit
Rate**
Labor
Markup
(percent)
Price Per
Service
Electrician Foreman $ /HR $ /HR % $ /HR
Journey Electrician $ /HR $ /HR % $ /HR
Apprentice 2nd Year $ /HR $ /HR % $ /HR
*Direct Labor Rate cannot be less than the minimum state prevailing wage. **Provide a copy of the current Fringe Benefit Statement. During the term of the agreement, ensure the City has a copy of the current, applicable statement on file.

Payment Terms:

Check which of the following payment terms/methodology Bidder accepts (a description of each can be found in Bid Form A – IFB Acknowledgement):

Choose One:
• Option A (Preferred): City of Modesto ePay Payment on Net 30 Day Timing: ___ Choose by checking () here. If selected, for bid comparison purposes, Bidder’s pricing will be reduced by the City of Modesto’s average ePay card program rebate percentage; or ePay Email Address: _____________________
• Manual Check Payment Mailed by US Postal Service First Class Mail Only on Net 45 Day Timing:
___ Choose by checking () here.

THE undersigned acknowledges receipt of the referenced IFB and any associated Addenda and offers to furnish the articles and/or services specified, in accordance with the specifications, terms and conditions of this IFB and these Bid documents, for the pricing indicated on the Pricing Schedule.

Bidder Company Name:

Name of Bidder Signatory:

Signature of Bidder Representative:
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23 BID FORM D – BIDDER EXCEPTIONS, CLARIFICATIONS, AMENDMENTS Exceptions to the City of Modesto’s IFB package, sample agreement, and associate specifications are not encouraged and may cause Bidder to be considered not responsible and/or its Bid to be considered not responsive. Therefore, if no exceptions, clarifications or amendments are proposed by Bidder, it is preferred that Bidder so indicate by typing or writing “Not Applicable” in the Description field in the first item row below. Less preferred, Bidder may indicate no exceptions, clarifications or amendments are proposed by leaving this form out of its’ Bid submission.

Nonetheless, Bidder may request Bid clarifications and exceptions below, if any, sign and submit with your Bid response.

Any requested exception, clarification or amendment may not be accepted and may deem the Bidder as non-responsive.

Item # Reference To: Description
Page # Section or
Paragraph #
Bidder Company Name:

Name of Bidder Signatory:

Signature of Bidder Representative:
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24 BID FORM E – BIDDER CUSTOMER REFERENCES
Bidder must provide a list of five current or former customers able to discuss prior experience with similar type of services requested by the City in the above-referenced IFB. Bidder’s references shall have similar volume and requirements to the City of Modesto’s as described in the above-referenced IFB. Bidders failing to provide references may be deemed as non-responsive.

The City may contact some or all of the references provided in order to determine the Bidder’s performance record on services similar to that described in the above-referenced IFB. The City reserves the right to contact references other than those provided in Bidder’s submission and to use the information gained from them in the award process.

Company Name:

Address:

City, State, Zip Code:

Contact Person:

Email Address:

Telephone Number:

Type of Business or
Governmental
Agency:

Date Range of
Service:

Annual Contract Value $
Company Name:

Address:

City, State, Zip Code:

Contact Person:

Email Address:

Telephone Number:

Type of Business or
Governmental
Agency:

Date Range of
Services:

Annual Contract Value $
Company Name:

Address:

City, State, Zip Code
Contact Person:
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25 Email Address:

Telephone Number:

Type of Business or
Governmental
Agency:

Date Range of
Services:

Annual Contract Value $
Company Name:

Address:

City, State, Zip Code
Contact Person:

Email Address:

Telephone Number:

Type of Business or
Governmental
Agency:

Date Range of
Services:

Annual Contract Value $
Company Name:

Address:

City, State, Zip Code
Contact Person:

Email Address:

Telephone Number:

Type of Business or
Governmental
Agency:

Date Range of
Services:

Annual Contract Value $
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26 BID FORM F - FINANCIAL INTEREST DISCLOSURE
Any contract award to result from this IFB process and Bidder’s submission of a Bid therewith will require approval by a majority vote of the City of Modesto’s City Council. In order to have full transparency in any City of Modesto commercial actions, the City Council may not approve an agreement between the City and the Bidder until all person with a direct or indirect financial interest of greater than $2,000 in the Bidder are identified by name.

Bidder must therefore complete this Bid Form F – Financial Interest Disclosure, listing by name all parties that have a material financial interest in the agreement, contract or development right.

PLEASE NOTE, any Council action that requires a Financial Interest Disclosure cannot be considered by the City Council until the required reporting is made. That means that City Council agenda items without the disclosure will be removed from the Council agenda.

Financial Interest Disclosure to City of Modesto
The Bidder shall identify any person with a financial interest in the Bidder by name, below.

For the purposes of this disclosure, a “Financial Interest” shall have the meaning contained in Modesto Municipal Code section 2-10.02.

Persons having an aggregate economic interest in the Bidder less than two thousand dollars ($2,000.00) at all times prior to final Council action of the proposed contract are not required to be listed on the Financial Interest Disclosure.

Notwithstanding the foregoing, a Financial Interest Disclosure is not required for a Bidder meeting the financial criteria for listing on the New York or the Pacific Stock exchanges unless it is reasonably foreseeable that a City Council decision will increase or decrease that entity's gross revenues or expenses by one million dollars ($1,000,000) or more and the requirements of Modesto Municipal Code Section 2-

10.03(h) are satisfied.

It is the legal obligation of all applicants for approval of an agreement or of an application for development rights to verify in writing, under penalty of perjury, that the identity of each person having a material financial interest in the Bidder is true, correct and complete. By signing below, the applicant understands that this information is provided under penalty of perjury, and that intentionally supplying misinformation or deception may result in either invalidation of the agreement or application, or criminal prosecution for misdemeanor violation of the Modesto Municipal Code, or both. Negligent provision of misinformation shall be grounds for invalidation. In accordance with the Modesto Municipal Code, each applicant has a continuing obligation to maintain the truth, accuracy and completeness of the financial interest disclosure information provided below until after final consideration by the City Council of any matter arising out of or relating to the agreement or application.
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27 Print Names of Persons Having a Financial Interest in Bidder Receiving this Agreement:

First Name, Last Name
First Name, Last Name
First Name, Last Name
First Name, Last Name
First Name, Last Name
First Name, Last Name
First Name, Last Name
First Name, Last Name
First Name, Last Name
First Name, Last Name
First Name, Last Name
First Name, Last Name
First Name, Last Name
First Name, Last Name
First Name, Last Name
By signing this document, I agree to the information contained within.

Bidder Company Name:

Name of Bidder Signatory:

Signature of Bidder Representative:
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28 BID FORM G – SUPPORT OF LOCAL VENDOR
Notice Pursuant to Modesto Municipal Code section 8.3-206 - Should the Bidder which submits the lowest responsive Bid (and would otherwise normally qualify to receive the Bid pursuant to Sections 8-3.203 and 8-

3.204 of the Modesto Municipal Code) not be a local business as defined herein, the lowest Bid or quote submitted by a local business that is within five percent (5%) of the lowest Bid or quote, whether or not that Bidder is the second lowest Bidder, may be deemed to be the lowest Bidder if the local Bidder agrees to reduce its Bid to match the Bid of the lowest Bidder in writing within five business days after notification by City Purchasing staff, provided that said local Bidder is deemed to be a responsible Bidder as determined by the Purchasing Manager.

Notwithstanding the foregoing, award to the local Bidder must still be approved by the City Council as would have the typical award.

To qualify as a local Bidder, the Bidder must have a physical business location within the City of Modesto and a current City of Modesto business license.

This document is only required should the Bidder request to be considered for the Support of Local Vendor preference, and meets the criteria noted above.

Check here:

I declare I am a local business per the above criteria
Bidder Company Name:

City of Modesto Address (Street,
City, State, Postal Code:

City of Modesto Business License
Number:

Under penalty of perjury, the undersigned declares that the foregoing information is true and correct:

Print/Type Name:

Title:

Signature:

Date:
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29 BID FORM H - BIDDER COMPANY HISTORY STATEMENT
Bidder shall have been in business for a minimum of three continuous years (immediately prior to the time of the City’s solicitation) providing the services described in this Invitation for Bids (IFB).

The Bidder’s company history overview statement shall be approximately one to three pages in length and inserted below:

Bidder Company Legal Name: Insert Bidder Logo Here (if existent):

Insert Bidder Company History Overview Statement Beginning Here:
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30 BID FORM I - ADDENDA ACKNOWLEDGEMENT
In order to obtain any addenda information, throughout the IFB period, Bidder is responsible for regularly checking the City of Modesto’s Planet Bid website at https://pbsystem.planetbids.com/portal/14999/bo/bosearch for the IFB number listed on the Cover Page and in the header of each subsequent page of this IFB, and in any event, no later than the day prior to Bid opening.. The changes identified in any addenda issued will modify this IFB and specifications. The addenda now become a part of this IFB and Bidder’s resultant Bid.

Signing the Bid on the signature portion thereof, the Bidder is acknowledging that the Bidder has confirmed that it has received all addenda issued for IFB, and has included costs for such in the Bid submitted. Failure to list and acknowledge all addenda numbers may cause Bidder’s Bid to be considered nonresponsive.

Do not attach any of the addenda to this sheet nor include them with the Bid.

If no addenda have been issued against this IFB solicitation, Bidder may write “Not Applicable” and return this Bid Form as part of its submission. Alternatively, Bidder may leave this Bid Form out of its submission.

But if any addenda have been issued by the City of Modesto this document is required to be completed and returned.

The Bid is submitted with respect to the changes to the IFB included in addenda numbers:

List All Addenda Numbers, Separated by Commas
(“,”):

Bidder Company Name:
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31 BID FORM J – BIDDER WARRANTY STATEMENTS
As a material part of its Bid, Bidder shall insert below a written statement detailing any materials and workmanship warranties, term and conditions in conformance with the specifications and requirements set forth in this IFB.

Notwithstanding any other provisions of this IFB, Bidder warrants that the materials, supplies, or other services furnished under any contract or purchase order resulting from its Bid shall be on the most suitable grade and meet or exceed the standards set forth in this IFB. Such warranty shall include the following; performance, workmanship, labor, materials, and Bidder design or engineering contributions. If a defect is discovered in any item of the materials, assemblies, components, supplies or services covered in this Bid, Bidder shall correct at its sole expense, all such defects as are reported within 30 days of City’s final acceptance. Upon expiration of the applicable warranty period, all such liability shall terminate except for fraud or such gross mistakes as amount to fraud, latent defects, or specific failure to comply with the terms or any resultant purchase order.

All materials, parts, labor, assemblies and components shall by subject to the warranty conditions and terms unless specifically exempted in writing by the City of Modesto.

Bidder Company Legal Name: Insert Bidder Logo Here (if existent):

Insert Bidder Warranty Statement Beginning Here:
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32 BID FORM K – BIDDER EXPERIENCE AND CERTIFICATIONS
Bidder shall provide below a summary covering the following:

A. Experience: The Contractor and its employees directly involved in providing inspections, services and repairs shall have a minimum of three years’ experience providing the types of services requested in this IFB:
i. Identify key personnel and their position within your organization. ii. Provide a biographical summary or resume detailing the experience, level of expertise and qualifications of the key individuals providing the types of services requested herein. iii. If you plan to subcontract work, you must also indicate in Bid Form L – Subcontractor List the name and address of each firm and the type of work or tasks the subcontractor will perform. Identify key personnel assigned to the project, their position, qualifications and representative experience.

B. Certifications: Bidder shall provide copies of all relevant certifications held for both company and any individuals required to perform the services requested herein.

Certifications shall include a certificate with the National Association of Corrosion Engineers (NACE) level 4 engineer.
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INVITATION FOR BIDS # 2122-60

CATHODIC PROTECTION TESTING

AND REPORTING SERVICES
33 BID FORM L - SUBCONTRACTOR LIST
Bidder shall list the name and the address of the place of business for each subcontractor who will perform work or labor or render services to the Bidder. In addition, list the type of work the subcontractor will perform, and; (if applicable) its Department of Industrial Relations (DIR) registration number and its California Contractor’s license number:

Name of
Subcontractor
Address Type of Work Contractor
License # (if any)
DIR
Registration #
(if any)
Bidder Company Name:
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INVITATION FOR BIDS # 2122-60

CATHODIC PROTECTION TESTING

AND REPORTING SERVICES
34 TECHNICAL SPECIFICATIONS AND REQUIREMENTS

1.1 SCOPE OF WORK:

The Utilities Department, Wastewater Division is requesting bids for a CONTRACTOR to provide Cathodic Protection Testing and Reporting Services on an annual basis.

The Wastewater Division utilizes engineered corrosion protection systems at our tertiary treatment plant and discharge pipeline. Our tertiary plant has fifty-one (51) anode test stations. The discharge pipeline has an Impressed Current Cathodic Protection (ICCP) type system with five (5) rectifiers, and thirty-seven (37) cathodic and/or insulated joint test stations. These test and rectifier stations need evaluation annually. GPS positions shall be provided for all locations.

Tertiary Wastewater Location:

Wastewater Treatment Plant
7007 Jennings Rd
Modesto, CA 95358
Discharge Pipeline Location:

Approx. 8-miles along Lemon Ave and Zacharias Rd
Modesto and Patterson, CA
The CONTRACTOR shall furnish all labor, materials, tools, equipment, vehicles, pumps, hoses, electrical cables, fuel, and insurance necessary to perform the required services. The Best Management Practices (BMP) for housekeeping that shall be followed by the CONTRACTOR at all times is listed on page 35-36 of this IFB.

These procedures shall be followed by the CONTRACTOR during the duration of the project.

1.2 SERVICE SPECIFICATIONS:

1. All testing and reporting shall be performed by a National Association of Corrosion Engineers (NACE) level 4 engineer in accordance with NACE.

2. Annually perform testing on up to fifty-one (51) anode stations at our tertiary facility underground pipelines. Including pipe-to-soil potentials.

3. Annually perform testing on thirty-seven (37) cathode/insulated joint stations. Also, testing and field adjustments to our five (5) rectifiers on discharge pipe (ICCP) system.

4. At the conclusion of field work, prepare and provide a comprehensive written report that will include test methods uses, conclusions and recommendations. The final report shall also include an excel spreadsheet with all field data.

5. Provide written quote for repair of deficiencies.

6. Complete repairs to meet NACE compliance standards.
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INVITATION FOR BIDS # 2122-60

CATHODIC PROTECTION TESTING

AND REPORTING SERVICES
35 1.3 WORK SCHEDULE:

All work shall be performed Monday through Friday between the hours of 7:00 AM through 4:00 PM, excluding all major holidays.

1.4 REQUIRED LICENSES:

Prior to beginning any service that shall be furnished under this specification, the Bidder shall secure the appropriate Business/Delivery license from the City of Modesto. Business/Delivery license information may be obtained by calling (209) 577-5389 or emailing [email protected]. The successful Bidder shall maintain a City of Modesto business license for the duration of the agreement.

1.4.1 CALIFORNIA CONTRACTORS LICENSE:

If the Bidder is furnishing any labor or service including installation or maintenance, the Bidder shall be registered as a contractor with the Department of Industrial Relations and possess the appropriate California Contractor's license(s) at the time the Bid is submitted. A contract shall not be awarded to a Bidder that is not registered with the Department and Industrial Relations or does not possess the appropriate Contractor's license(s). The appropriate Contractor's license(s) is that specified in this request, or if not specified, that which is otherwise required by law, and qualifies the Contractor to do business in the State of California.

1.4.2 SERVICE TECHNICIAN CONTRACTOR LICENSE REQUIREMENT:

The Bidder shall either possess or be employed by a person who possesses a current Class “A” General Engineering Contractor License, C-10 Electrical Contractor License, C-34 Pipeline Contractor License, C-36 Plumbing Contractor License, or a C-61 (D40) Limited Specialty Service Station Equipment and Maintenance Contractor License issued by the Contractors State License Board, as applicable.

1.5 BEST MANAGEMENT PRACTICES FOR GOOD HOUSEKEEPING:

1. STORING MATERIALS:
a. Place tight fitting lids on all containers.
b. Check containers often for leaks or spills. Replace all bins and containers that are leaking, corroded, or otherwise deteriorating.
c. Store containers and materials in a manner that keeps leaks and spills from being washed into the storm-drain system, i.e. inside a building, under a roof, or securely covered with a tarp to prevent contact with rain.

2. PREVENATIVE MAINTENANCE:
a. Keep tools, equipment and vehicles in good working condition. b. Regularly inspect equipment and vehicles for leaks (oil, radiator, transmission, etc.), and make repairs immediately.
c. Use drip pans to catch leaks during maintenance activities. d. Before beginnings an outdoor project, locate the nearest storm drains and protect them from debris and other materials.
e. Sweep up and properly dispose of construction debris such as concrete and mortar. #6..
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INVITATION FOR BIDS # 2122-60

CATHODIC PROTECTION TESTING

AND REPORTING SERVICES
36 f. Clean paint brushes in a sink, not outdoors. Properly dispose of excess paints through a household hazardous waste collection program.
g. Litter control
h. Pick up litter and waste receptacles.
i. Prevent trash overflow by trash receptacles on site.

3. WASTE DISPOSAL:
a. Check dumpsters and trash receptacles regularly for leaks. b. Replace leaky or corroded dumpsters and trash receptacles immediately. c. Keep outside refuse container lids closed to keep rain out. d. Pick up and properly dispose of compost leaves, grass clippings, and other-yard waste. Don’t blow them out into the street.
e. NEVER pour oil, antifreeze, paint, or any other toxic materials down the storm drain. Take them to approved hazardous waste collection sites.

4. TOOL, EQUIPMENT, VEHICLE, & PAVEMENT CLEANING:
a. If possible, wash tools, equipment, and vehicles in a grassed area. b. Otherwise, discharge all wash water from paved areas to the sanitary sewer, a process treatment system, or holding tank.
c. Sweep bare floors and paved areas often and dispose of the dirt and debris in the trash. d. Do no power wash dirt, debris, or any other materials to the storm system.

5. LAWN AND GARDEN:
a. Use pesticides and fertilizers sparingly. When use is necessary, use these chemicals in the recommended amounts. Avoid application if the forecast calls for rain; otherwise, chemicals will be washed into your local stream.
b. Select native plants and grasses that are drought and pest resistant. Native plants require less water, fertilizer and pesticides.
c. Don’t overwater your lawn. Water during the cool times of the day, and don’t let water runoff into the storm drain as it carries contaminants with it. #6..
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37 SAMPLE AGREEMENT

SAMPLE ANNUAL AGREEMENT - SERVICES
This agreement, hereinafter called AGREEMENT, made and entered into in the City of Modesto, State of California, this ____ day of _________, 2023, by and between the City of Modesto, a municipal corporation of the State of California, hereinafter called CITY, and _________________, a ______ _______, hereinafter called CONTRACTOR.

W I T N E S E T H:

WHEREAS, the Modesto City Council adopted Resolution No. 2023-xx authorizing the Award of Bid and agreement for the [????????] SERVICES to CONTRACTOR, attached hereto as Exhibit “A” and made a part hereof, and
WHEREAS, the CONTRACTOR provided a responsive and responsible submittal that best meets the CITY needs, attached hereto as Exhibit “B” and made a part hereof, and WHEREAS, the CITY and CONTRACTOR shall enter into an agreement for the [???????? ]SERVICES as described in IFB ????-??, attached hereto as Exhibit “C” and made a part hereof (hereinafter called IFB).

NOW, THEREFORE, the parties hereto mutually agree as follows:
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38 1. THE WORK:
a) CONTRACTOR shall furnish all labor, materials, equipment, fuel, tools, licenses, bonds and insurance necessary to perform and complete the required work as specified in Exhibit “C”, and in strict accordance with the conditions of the complete AGREEMENT. b) CONTRACTOR shall do and perform the work contemplated hereby in a good workmanlike manner under the direction of and to the satisfaction of the CITY Representative. c) CONTRACTOR shall maintain proper insurance with the CITY for the duration of the AGREEMENT.
d) CONTRACTOR shall maintain a CITY business license for the duration of the AGREEMENT.
e) CONTRACTOR shall furnish said services at the following AGREEMENT rates for an estimated annual amount $_________________. The total amount paid by CITY to CONTRACTOR over the full term of the AGREEMENT shall not exceed $____________. Unless the services provided are for a lump sum or flat fee, fees for work performed by CONTRACTOR on an hourly basis shall not exceed the amounts shown on Bid attached hereto as Exhibit B.

AGREEMENT PRICING
Item Description Unit Unit Price
Jennings inspection by NACE CP Engineer
(51 anode test stations) Job $______________________
Discharge Pipeline inspection by NACE CP
Engineer (37 cathodic test stations and 5
rectifier transformers) Job $______________________
Mobilization Fees Job $______________________
Demobilization Fees Job $______________________
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39 Item Description Payment of Prevailing Wages is Required Unit Unit Price
Labor Hour $______________________
Equipment Hour $______________________
Additional - Anode Test Stations Each $______________________ Additional - Cathodic and Rectificer
transformer Each $______________________

2. PREVAILING WAGES:

DIR Project ID#: _________________

3. CITY REPRESENTATIVE:

CITY Representative is:

Purchasing Division Contact: Carol Wattle, Buyer, (209) 577-5406 The CITY Representative is not authorized to commit the CITY to changes in specifications, requirements, or scope of work, changes in price(s), period of performance or delivery date(s) or method of #6..
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40 shipment. Changes of a contractual or business nature shall be effective only by written change to the AGREEMENT, issued by the City of Modesto, Purchasing Division.

4. CONTRACTOR REPRESENTATIVE:

CONTRACTOR: NAME, TITLE, PHONE, EMAIL

5. TERM OF AGREEMENT:

The term of the AGREEMENT shall be for a period of two years, with three one-year extension options at the sole discretion of CITY, for a total of up to five years.

Year 1: 2023 through 2024
Year 2: 2024 through 2025
Year 3: 2025 through 2026
Year 4: 2026 through 2027
Year 5: 2027 through 2028
Pricing as set forth in Section 1.e. above shall remain firm for the first two years of the AGREEMENT.

Price increases for any subsequent AGREEMENT years following the second year, shall not exceed the percentage change in the Consumer Price Index (CPI) for the City of Modesto West Urban Area in any one AGREEMENT year, and shall be negotiated through the Purchasing Division. Requests for price increases shall be submitted by CONTRACTOR in writing, 90 days prior to the annual anniversary date of the AGREEMENT to be effective for the subsequent year.

6. LIABILITY INSURANCE:

The CONTRACTOR 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 City Clerk of the CITY. The policies or certificates thereof shall provide that, at least 30 days prior to cancellation or material change in the policy, notices of same shall be given to the Risk Manager of the CITY via PINS Advantage Insurance Program, for all of the following stated insurance policies. a. General Liability - insurance with a minimum limit of liability per occurrence of $2,000,000 for #6..
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41 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. The insurance shall indicate on the certificate of insurance the following coverage and indicate the policy aggregate limit applying to: premises and operations; broad form contractual; independent contractors and subcontractors; products and completed operations; and/or professional liability.
b. Automobile Liability – insurance with a minimum limit of liability per occurrence of $1,000,000 for bodily injury and property damage and transportation related pollution liability. This insurance shall cover any automobile for bodily injury and property damage.
c. Workers' 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 per accident for bodily injury or disease. d. Pollution Liability – and/or Asbestos pollution liability and/or errors & omissions applicable to the work being performed, with a limit no less than $1,000,000 per claim or occurrence and $2,000,000 aggregate per policy period of one-year.

The CONTRACTOR’s insurance policy(ices) shall include a provision that the coverage is primary as respects the CITY; shall include no special limitations to coverage provided to additional insured; and, shall be placed with insurer(s) with acceptable Best's rating of A:VII or with approval of the CITY’s Risk Manager.

7. PAYMENT:

CONTRACTOR shall invoice CITY not less than once per month based on the cost for services performed and reimbursable costs incurred prior to the invoice date. All invoices shall be paid in full the following payment terms within thirty days after completion and acceptance of the Services by the CITY, and receipt of a properly prepared invoice, CITY will pay CONTRACTOR [TO BE DETERMINED BY IFB RESPONSE IN FINAL AGREEMENT, EITHER “Net 30 terms via CITY’s ePay Program” or “Net 45 Days via manual check”.]. The CITY is exempt from payment of Federal Excise Tax, and all invoices shall be exclusive of such excise tax.

Invoice to: City of Modesto
Attn: Accounts Payable
P.O. Box 642
Modesto, CA 95353
Email to: [email protected]
At a minimum, invoices shall state the following:
• This AGREEMENT number
• CITY department/division name and address
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43 • Billing period
• Service hours worked day and week
• Unit price, extended price, sales tax and total

8. INDEMNITY: The CONTRACTOR shall hold the CITY, its agents, officials, officers, employees, and volunteers, harmless from and save, defend and indemnify them against any and all claims, losses, liabilities, judgments or damages from every cause, including but not limited to injury to person or property or wrongful death, including reasonable costs and expenses of defense of any judicial or administrative action, arising directly or indirectly out of any negligent or intentional act or omission of CONTRACTOR, or its agents, officials, officers, employees, or volunteers relating to or during the performance of its obligations under this AGREEMENT. CONTRACTOR’s obligation to defend, indemnify, and hold the CITY, its agents, officials, officers, and employees harmless under the provisions of this paragraph is not limited to or restricted by any requirement in this AGREEMENT for CONTRACTOR to procure and maintain a policy of insurance.

9. VENUE & GOVERNING LAW:

11. COMMENCEMENT AND COMPLETION OF THE WORK:
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44 The work contemplated herein shall be commenced after the agreement administrator receives and has on file:

Proofs of insurance (approved by CITY Risk Manager); and Executed Agreement;
a. Resolution No.2023-_______;
b. CONTRACTOR Bid submittal;
c. IFB No. 2122-60;
d. Contractor’s City of Modesto business license

12. TERMINATION OF SERVICES:

Termination by City for Convenience: The City may also terminate this AGREEMENT the Contractor's performance underthe Agreement, eitherin whole orin part, at its own discretion and without cause.

Post-Termination Procedure
Upon receipt of a written notice of termination pursuant to either of the foregoing paragraphs, the CONTRACTOR shall:
a. Cease its work as directed in the notice of termination as of the termination date and see to it that its employees, subcontractors and agents are notified of such termination and act as specified in the notice of termination; b. Terminate all orders and subcontracts except as necessary to complete any portion of the SERVICES that are not terminated;
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45 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, but in no event shall recovery by any CONTRACTOR or subcontractor include lost profits for portions of the SERVICES 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 CONTRACTOR in performing the SERVICES 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 SERVICES 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 SERVICES and/or property related to the SERVICES;
h. If CITY so requests, and at CITY's cost, CONTRACTOR shall provide sufficient oral or written status reports to make CITY reasonably aware of the status of CONTRACTOR’s work on the SERVICES.
i. CONTRACTOR understands and agrees that CITY may, in CITY’s sole discretion, refuse to pay CONTRACTOR for that portion of CONTRACTOR's SERVICES which were performed by CONTRACTOR on the project prior to the termination date and which remain unacceptable and/or not useful to CONTRACTOR as of the termination date.

CITY will pay CONTRACTOR for SERVICES actually completed prior to the receipt of the termination notice or otherwise completed in accordance with the notice of termination. The final #6..
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46 payment to the CONTRACTOR 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 SERVICES such as subcontractor agreements or contracts for materials; b. The AGREEMENT price allocable to the portion of the SERVICES properly performed or goods supplied to the work site by the CONTRACTOR as of the date of termination, as determined in accordance with the notice of termination, reduced by any sums previously paid to the CONTRACTOR for such SERVICES.

13. COMPLIANCE WITH ALL LAWS:

Those discrepancies and deficiencies in the SERVICES that remains uncorrected after the date set for correction may be the necessary justification for a billing adjustment in the month following the occurrence. #6..
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47 Unless otherwise negotiated, billing adjustments for this incomplete or uncorrected work shall be permanent retention of 100% of the estimated monthly cost for the SERVICES not corrected or completed.

15. ASSIGNMENT OF RIGHTS: The CONTRACTOR offers and agrees, and will require all subcontractors and suppliers to agree, to assign to the CITY all rights, title, and interest in and to all causes of action it and they may have under Section 4 of the Clayton Act (15 United States code, Section 15) or under the Cartwright Act (Business and Professions Code, Section 16700 et seq.), arising from the acquisition of goods, services, or materials pursuant to this AGREEMENT or any allowed subcontract. The assignment made by CONTRACTOR and all assignments made by subcontractors and suppliers shall be made and become effective at the time the CITY makes final payment to the CONTRACTOR, without further acknowledgment by the parties (Government Code, Sections 4550-4554).

19. NOTICES:
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48 Any notice, payment or instrument required or permitted by this AGREEMENT to be given or delivered to either party shall be deemed to have been received when personally delivered, or one calendar week following deposit of the same in any United States Post Office, registered or certified mail, postage prepaid, addressed as follows:

CONTRACTOR: __________________
__________________
__________________
__________________
CITY: City of Modesto
Purchasing Division
P.O. Box 642
Modesto, CA 95353
Each party may change its address for delivery of notice by delivering written notice of such change of address to the other party.

20. SIGNATORY(IES) FOR CONTRACTOR:

Each signatory for CONTRACTOR below warrants and represents that it is legally competent to, and have full authority to, execute the AGREEMENT.

21. QUANTITIES: No minimum or maximum is guaranteed or implied.

23. OTHER GOVERNMENT/PUBLICLY FUNDED AGENCIES: If mutually agreeable to all parties, the issuance of any resultant contract/purchase order referencing these specifications and modified by mutual agreement between all parties may be extended to other government or publicly funded agencies. It shall be understood that all terms and conditions as specified herein shall apply.

24. NON-DISCRIMINATION:
a. During the performance of this AGREEMENT, CONTRACTOR and any allowed subcontractors shall not unlawfully discriminate against any employee or applicant for employment because of race, color, #6..
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49 ancestry, religion, sex, national origin, marital status, age, medical condition (cancer related), physical handicap (including AIDS), sexual orientation, or any other basis prohibited by Federal or California law. Equal employment opportunity extends, but is not limited to recruitment, compensation, benefits, layoff, termination, and all other conditions of employment. The CONTRACTOR and any allowed subcontractors shall ensure that the evaluation and treatment of their employees and applicants for employment are free of such discrimination.

The CONTRACTOR and any allowed subcontractors shall comply with the provisions of the Fair Employment and Housing Act (Government Code, Section 12900 et seq.) and the applicable regulations promulgated thereunder (California Administrative Code, Title 2, and Section 7285.0 et seq.). The applicable regulations of the Fair Employment and Housing Commission implementing Government Code, Section 12900, set forth in Chapter 5 of Division 4 of Title 2 of the California Administrative Code are incorporated into this contract by reference and made a part hereof as if set forth in full. b. The CONTRACTOR and any allowed subcontractors shall give written notice of their obligations under this clause to labor organizations with which they have a collective bargaining or other agreement.
c. The CONTRACTOR shall include the nondiscrimination and compliance provisions of this clause in any allowed subcontracts to perform SERVICES. d. The Contractor shall permit access by representatives of the Department of Fair Employment and Housing and the CITY upon reasonable notice at any time during the normal business hours, but in no case less than 24 hours’ notice, to such of its books, records, accounts, other sources of information and its facilities as said Department or CITY shall require to ascertain compliance with this AGREEMENT. e. By executing this AGREEMENT, CONTRACTOR certifies that it shall follow and be in compliance with the Americans with Disabilities Act of 1990, the applicable administrative requirements promulgated in response thereto, and any other applicable Federal laws and regulations relating to handicap discrimination and participation, and will continue to do so for at least the duration of the AGREEMENT and any extensions thereof.
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50 25. CONTRACTOR LICENSES & PERMITS: CONTRACTOR warrants and represents that it possesses and shall maintain all licenses, and shall secure and maintain all necessary permits, necessary to perform the SERVICES.

26. RECORDS: All final versions of reports, data, maps, models, charts, studies, surveys, photographs, memoranda, plans, studies, specifications, records, files, or any other documents or materials, in electronic or any other form, that CONTRACTOR prepares or obtains pursuant to this AGREEMENT and that relate to the matters covered hereunder shall be the property of the CITY. CONTRACTOR hereby agrees to deliver those documents to the CITY upon termination of the AGREEMENT, and the CITY may use, reuse or otherwise dispose of the documents without CONTRACTOR’s permission. It is understood and agreed that the documents and other materials, including but not limited to those described above, prepared pursuant to this AGREEMENT are prepared specifically for the City and are not necessarily suitable for any future or other use.

30. ASSIGNMENT:

Neither this AGREEMENT nor any SERVICES hereunder shall be subcontracted or assigned by CONTRACTOR without the prior written consent of the CITY in each and every instance.

31. WAIVER:

32. HEADINGS NOT CONTROLLING:

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

33. MISCELLANEOUS:

Time is of the essence in CONTRACTOR’s performance under each provision of this AGREEMENT.

34. ENTIRE AGREEMENT:

35. PARTIAL INVALIDITY:
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52 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.

IN WITNESS WHEREOF, the CITY OF MODESTO, a municipal corporation, has authorized the execution of this Agreement in duplicate by its City Manager and attested 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 _____________________has caused this Agreement to be duly executed.

CITY OF MODESTO, CONTRACTOR
A municipal corporation
By: __________________________ By: _________________________________ JOSEPH P. LOPEZ, (Signature)
City Manager
By: _________________________________
(Name & Title)
ATTEST: Date: _______________________________
By: __________________________

DIANE NAYARES-PEREZ, CMC,
City Clerk

(SEAL)

APPROVED AS TO FORM:

By: ____________________________
JOSE M. SANCHEZ,
City Attorney
By: ____________________________
JOE F. RODRIQUEZ,
Risk Manager
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ITEM # ITEM/DESCRIPTION QTY

UNIT OF
ISSUE

MATERIALS
A1 Jennings inspection by NACE CP Engineer (51 anode test stations) 1 JOB $10,667.00 $10,667.00 $4,475.00 $4,475.00 A2 Discharge Pipeline inspection by NACE CP Engineer (37 cathodic test stations and 5 rectifier transformers) 1 JOB $8,397.00 $8,397.00 $4,475.00 $4,475.00 A3 Mobilization Fees 1 JOB $3,600.00 $3,600.00 $337.00 $337.00 A4 Demobilization Fees 1 JOB $3,600.00 $3,600.00 $337.00 $337.00 TOTAL: $26,264.00 $9,624.00
ePay Minus 1% Rebate (Bid Form A option) $262.64 $96.24 TOTAL: Total minus Option A for Bidding purposes ONLY $26,001.36 $9,527.76 Low Bidder - Corrpro Companies @ $9,624
****FOR COSTING PURPOSES ONLY***
Item Description Unit
Labor Hour
Equipment Hour
Additional - Anode Test Stations Each
Additional - Cathodic and Rectificer transformer Each
Labor Craft Direct Labor
Rate*
Fringe
Benefit
Rate**
Labor
Markup
(percent)
Price Per
Service
Direct Labor
Rate*
Fringe
Benefit
Rate**
Labor
Markup
(percent)
Price Per
Service
Electrician Foreman - - - - - - - -
Journey Electrician - - - - - - - -
Apprentice 2nd Year - - - - - - - -
Bldg/Construction Inspector/Field Soils/Material Tester $40.84 $73.71 18% $89.90 NACE Cathodic Protection Technician $85.47 $25.64 39% $156.00

CITY OF MODESTO
PO BOX 642 MODESTO CA 95353

PLEASANTON, CA

ACCURATE CORROSION

CONTROL
IFB 2122-60 CATHODIC PROTECTION TESTING AND REPORTING SERVICES

HAYWARD,CA

CORRPRO COMPANIES

ACCURATE CORROSION CONTROL CORRPRO COMPANIES
Price Per Job
$156.00
$13.00
$42.00
$84.00
Price Per Job
$73.71
$39.00
$73.71
$73.71
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CITY OF MODESTO

ECONOMIC DEVELOPMENT

COMMITTEE AGENDA REPORT
DATE OF MEETING:

June 05, 2023
Date: May 15, 2023
TO: Economic Development Committee
Sue Zwahlen, Chair
Chris Ricci, Vice-Chair
Eric Alvarez, Member
THROUGH: Joseph P. Lopez, City Manager
FROM: William Wong, Director of Utilities
SUBJECT: Engineering Services Agreement with West Yost Associates Pump Station at Jennings Water Quality Control Plant Project CONTACT: Cristian Ciotau, Senior Civil Engineer, [email protected], 209-577-5260 DESCRIPTION:

Consider approving an Agreement with West Yost Associates, Davis, CA, for Engineering Services for the Pump Station at Jennings Water Quality Control Plant Project for a total amount not to exceed $510,177 and forwarding to Council for approval. (Funding Source: Wastewater Fund)
STRATEGIC PLAN ELEMENT:

BACKGROUND:

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

The City of Modesto’s Jennings Water Quality Control Plant (WQCP), located at 7007 Jennings Road, Modesto, CA, is comprised of secondary and tertiary wastewater treatment facilities for domestic wastewater. The treatment plant also collects wastewater from local canneries via the Cannery Segregation Line (Can-Seg Line). Cannery process water from the Can-Seg Line is pre-treated at the City’s Sutter WQCP and then mixed with secondary treated water in order to reach an acceptable State mandated water quality level for irrigation of local fields adjacent to the treatment plant.
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Economic Development Committee, June 05, 2023
Engineering Services Agreement with West Yost Associates Pump Station at Jennings Water Quality Control Plant Project

Page 2 of 3 ends

Currently, a temporary pump station is diverting some water from the Turlock Irrigation District (TID) canal into Can-Seg pumping No.2 (located at Jennings WQCP). TID has indicated the availability of more water than the existing temporary pump station can handle and is working with Operations and Maintenance Staff on an agreement between the parties such that the City will be able to utilize the water for Jennings plant operations. Because this temporary setup is inadequate for the available TID water, a new permanent pump station and two concrete dams (concrete walls installed perpendicular into the existing canals) will be required in order to divert the water from the existing TID canals into Storage Pond No.1 at Jennings WQCP.

DISCUSSION:

To increase efficiencies, the City has requested the use of a consultant to provide engineering services for the Pump Station at Jennings WQCP Project.

In accordance with Administrative Directive 3.1, Selection Procedures for Professional Consultants who provide Architectural and Engineering Services for Capital Projects, a Request for Proposal (RFP) was sent to four (4) pre-qualified consultants for engineering design services for Wastewater CIP projects.

On March 16, 2023, only one proposal was received by the City Clerk’s office. The lone proposal was provided by West Yost Associates, Davis, CA. Staff distributed West Yost’s proposal to a selection committee consisting of Utilities Engineering staff. The selection committee evaluated the proposal and determined West Yost Associates to be qualified and responsive. West Yost’s sealed proposal costs were opened after the selection ranking had been finalized and provided to the Finance Department. West Yost’s proposal cost and scope of work were reviewed and appear to be appropriate.

The scope of services to be provided under this agreement include:
 Project Management
 Preliminary Design and Permitting
 Detailed Design
 Bid Period
 Engineering Support During Construction
In accordance with Modesto Municipal Code 8-3.204(a) Exceptions to Formal Bidding Requirements, this agreement is for professional services and, therefore, exempt from the bid requirement. However, staff proceeded through an RFP process pursuant to Administrative Directive 3.1. Staff recommends approval of an Agreement with West Yost Associates for Engineering Services for the Pump Station at Jennings WQCP Project.

FISCAL IMPACT:

The following capital project has been created to track the expenses associated with this effort:
101468 – Pump Station at Jennings WWTP
ANTICIPATED PROJECT EXPENDITURES:

Construction* $2,000,000
Construction Contingency (10%) $200,000
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Economic Development Committee, June 05, 2023
Engineering Services Agreement with West Yost Associates Pump Station at Jennings Water Quality Control Plant Project

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Construction Administration – City Staff (10%) $200,000 Final Design Services Agreement – West Yost $463,797
Additional Services, if Needed (10%) $46,380
Engineering/Design/Administration Support (including CEQA) – City staff and CEQA on-call consultant
$120,000
TOTAL: $3,030,177
*Total construction costs are estimated to be approximately $2,200,000 and will be further verified and refined as project design progresses.

CEQA/NEPA REQUIREMENTS:

CEQA requirements and compliance will be determined by an on-call consultant and it is not part of the West Yost Scope of Services.

RECOMMENDED COMMITTEE ACTION:

Staff Recommendations:

Motion approving an Agreement with West Yost Associates, Davis, CA, for Engineering Services for the Pump Station at Jennings WQCP Project in the amount of $463,797, plus $46,380 in additional services, if needed, for a total amount not to exceed $510,177 and forwarding to Council for approval.

Motion amending the Fiscal Year 2022-23 Capital Improvement Program Budget in the amount of $3,000,000 to be transferred into the Project from Wastewater Reserves to fund the Pump Station at Jennings Water Quality Control Plant Project and authorizing the City Manager, or his Designee, to implement the provisions of the resolution and forwarding to Council for approval.

Approved by:

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

1. West Yost Associates – Agreement

2. West Yost Associates – Exhibits A & B to Agreement
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ENGINEERING SERVICES AGREEMENT FOR THE

PUMP STATION AT JENNINGS WATER QUALITY CONTROL PLANT PROJECT THIS AGREEMENT, made and entered into in the City of Modesto, State of California, this ______ day of____________, 2023, (“Effective Date”) by and between the CITY OF MODESTO, a municipal corporation of the State of California, hereinafter referred to as "City", and WEST YOST ASSOCIATES, a California corporation, hereinafter referred to as "Consultant".

This Agreement is made with regard to the following recitals:

A. The City has determined that Engineering Services are necessary for the Pump Station at Jennings Water Quality Control Plant Project.

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

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

1. SCOPE OF SERVICES.

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

2. TERM OF AGREEMENT.

This Agreement is effective as of the date first written above and will continue in effect until City's acceptance of and payment for all services authorized by City and #7..
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performed by Consultant, unless terminated earlier in accordance with the provisions of the termination clause in this Agreement.

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

3. COMPENSATION.

Consultant agrees to accept a sum not to exceed FOUR HUNDRED SIXTY-THREE THOUSAND SEVEN HUNDRED NINETY-SEVEN AND 00/100 DOLLARS ($463,797) (maximum compensation) as full remuneration for performing all services and furnishing all staffing and materials for Modesto in accordance with Exhibit "A" attached hereto and for performance by Consultant of all of its duties and obligations under this Agreement, except that additional services may be compensated as described below.

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

City shall pay Consultant on a time and materials basis for Consultant’s actual costs for all work called for in Exhibit “A” to this Agreement. All work to be performed under this Agreement shall be billed at the hourly rates set forth in Exhibit “B” attached hereto, Consultant shall submit monthly invoices to City which include detailed tasks, hours worked, and billable rates for all work completed, and detailed receipts for any out-of-pocket costs paid by Consultant in connection with work performed on this project. #7..
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Additional services may be authorized by the City Manager in an amount up to, but not to exceed ten percent (10%) of the agreed maximum compensation, or FORTYSIX THOUSAND THREE HUNDRED EIGHTY AND 00/100 DOLLARS ($46,380). In the event that additional services are deemed necessary, the Consultant shall provide a written request to the City Manager indicating the reason for additional work, scope and cost of such work. The City Manager shall provide a written response to the request, either approving or denying the additional expenditure. If additional services are requested and approved, they will be billed at the hourly rates set forth in Exhibit “B” and may not exceed the amount requested and approved in writing by the City Manager. In that event, the new total compensation shall not exceed FIVE HUNDRED TEN THOUSAND ONE HUNDRED SEVENTY-SEVEN AND 00/100 DOLLARS ($510,177). 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 represents that it has all of the necessary professional capabilities and experience, as well as all tools, instrumentalities, facilities and other resources necessary to provide the City with the services contemplated by this Agreement. Consultant further represents that it will follow the best current, generally accepted and professional practices to make findings, render opinions, prepare factual presentations, and provide professional advice and recommendations regarding this project. In providing services under this Agreement, Consultant shall perform in a manner consistent with that degree of care and skill ordinarily exercised by members of the same profession currently practicing under similar circumstances at the same time and in the #7..
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same or similar locality ("Standard of Care").”

5. PERFORMANCE BY KEY EMPLOYEE.

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

6. OWNERSHIP OF DOCUMENTS/TITLE TO DATA.

Ownership of Documents
All reports, drawings, designs, graphics, working papers and other incidental work or materials furnished hereunder shall become and remain the property of the City, upon payment of all invoices due and owing to Consultant, 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. City shall, to the fullest extent permitted by law, defend, indemnify, and hold harmless Consultant from and against any and all costs, expenses, fees, losses, claims, demands, liabilities, suits, actions, and damages whatsoever arising out of or resulting from such unauthorized reuse or distribution.

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 #7..
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times remain the property of the City. Such data or information may not be used or copied for direct or indirect use by Consultant after termination of this Agreement without written consent of the City.

7. NEWS AND INFORMATION RELEASE.

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

8. INTEREST OF CONTRACTOR.

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

9. AMENDMENTS.

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

Until a change order is so executed, City will not be responsible to pay any charges Consultant may incur in performing such additional services, and Consultant shall not be required to perform any such additional services. #7..
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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 in a manner consistent with the Standard of Care. Consultant shall be responsible to City only for the requirements and results specified in this Agreement, and, except as expressly provided in this Agreement, shall not be subjected to City's control with respect to the physical action or activities of the Consultant in fulfillment of this Agreement. Consultant has control over the manner and means of performing the services under this Agreement.

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

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 #7..
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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.

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 #7..
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provisions of this Section. Notices shall be delivered either by: (a) personal delivery (including delivery by an overnight courier service which obtains confirmation of receipt); or (b) by facsimile, provided that such transmission is followed by delivery by an overnight courier service which obtains confirmation of receipt; or (c) postage prepaid, return receipt requested, certified mail; or (d) by electronic transmission subject to reasonable proof that the notice was both transmitted and received. Each such notice shall be sent to the parties at the address respectively set forth below or to such other address as a party may designate by written notice given in accordance with the provisions of this Section:

FOR CONSULTANT: Name: West Yost Associates
Address: 2020 Research Park Drive
Suite 100
Davis, CA 95618
Attention: Tim Banyai
Phone: (925) 949-5811
Email: [email protected]
FOR CITY: Name:

Address:

City of Modesto
1010 10th Street
Suite 4600
Modesto, CA 95354
Attention: Cristian Ciotau
Phone (209) 577-5260
Email: [email protected]

14. INSURANCE REQUIREMENTS.

The Consultant shall provide at its own expense and maintain at all times the following insurance with insurance companies licensed in the State of California and shall 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. #7..
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In the event the certificates of insurance required hereunder do not provide for notice of cancellation to the certificate holder and/or additional insureds, the Consultant shall provide, and shall require its subcontractors to provide, as an express condition precedent to payment hereunder, an endorsement from their insurers providing that the additional insureds identified herein shall be provided 30 days notice of the cancellation on the policies of insurance required hereunder (10 days notice if the policies are cancelled for non-payment of premium). In addition, the named insured on all such policies shall provide to the additional insureds identified herein any notices of cancellation of said insurance policies within 5 business days of receipt of such notice. The Consultant shall, as a further express condition precedent to payment for work performed, affirm under penalty of perjury that the required insurance on the project remains in place and said insurance has not been cancelled.
(a) Worker's Compensation - in compliance with the statutes of the State of California, plus employer's liability with a minimum limit of liability of $1,000,000. (b) General Liability insurance with a minimum limit of liability per occurrence of $1,000,000 for bodily injury and property damage. If Commercial General Liability Insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit. This insurance shall indicate on the certificate of insurance the following coverages and indicate the policy aggregate limit applying to: premises 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.
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(d) Professional Liability insurance with a minimum limit of $1,000,000 per claim and policy aggregate. If coverage is on a claims made basis it shall be maintained for at least three (3) years following completion of the work.

If at any time any of said policies shall be unsatisfactory to the City, as to form or substance, or if a company issuing such policy shall be unsatisfactory to the City, the Consultant shall promptly obtain a new policy, submit the same to the Risk Manager for approval and submit a certificate thereof as hereinabove provided. Upon failure of the Consultant to furnish, deliver or maintain such insurance and certificates as above provided, this Agreement, at the election of the City, may be forthwith declared suspended or terminated.

Failure of the Consultant to obtain and/or maintain any required insurance shall not relieve the Consultant from any liability under this Agreement, nor shall the insurance requirements be construed to conflict with or otherwise limit the obligations of the Consultant concerning indemnification. The City, its agents, officers, employees, and volunteers shall be named as an additional insured on all insurance policies required herein, except Workers' Compensation and Professional Liability. The Workers' Compensation insurer shall agree to waive all rights of subrogation against the City, its agents, officers, employees, and volunteers for losses arising from work performed by Consultant for the City. The Consultant's insurance policy(ies) shall include a provision that the coverage is primary as respects the City; shall include no special limitations to coverage provided to additional insured; and, shall be placed with insurer(s) with acceptable Best's rating of 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 #7..
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automobile liability insurance policies. In addition, CONSULTANT shall provide CITY with a Workers Compensation subrogation waiver by way of a separate endorsement. All endorsements referenced above must include the applicable policy number.

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

15. TERMINATION OF AGREEMENT.

Termination by City for Default of Consultant
Should Consultant default in the performance of this Agreement or materially breach any of its provisions, at its option, City may terminate this Agreement by giving written notification to Consultant. The termination date shall be the effective date of the notice. For the purposes of this section, material breach of this Agreement shall include, but not be limited to, any of the following: failure to perform required services or duties, willful destruction of City's property by Consultant, dishonesty or theft. #7..
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Termination byCity 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 Cityis 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 Cityshall provide no less than ten (10) calendar days written notice of its intent to terminate the Agreement for convenience, and shall endeavor to provide the Consultant with consultation with the City prior to termination.

Post-Termination Procedure
Upon receipt of a written notice of termination pursuant to either of the foregoing paragraphs, the Consultant shall:
a. Cease its work as directed in the notice of termination as of the termination date and see to it that its employees, subconsultants and agents are notified of such termination and act as specified in the notice of termination;
b. Terminate all orders and Subcontractors except as necessary to complete any portion of the Work that is not terminated; c. If directed in writing by the City to do so, assign all right, title and interest in subcontracts and materials in progress to City, in which case the City will have the right at its discretion to settle, or pay any or all claims arising out of the termination of such subconsultants, but in no event shall recovery by any Consultant or #7..
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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 mayhave been accumulated by the Consultant in performing the Work whether completed or in process; e. Settle outstanding liabilities and claims, subject to the approval of City;
f. Complete performance of such part of the Work as has not been terminated;
g. Take such other actions as may be necessary, or as may be directed by the City for the protection and preservation of the Work and/or property related to the Work;
h. If City so requests, and at City's cost, Consultant shall provide sufficient oral or written status reports to make City reasonably aware of the status of Consultant's work on the project. i. The Consultant understands and agrees that City may, in City's sole discretion, refuse to pay Consultant for that portion of Consultant's services which were performed by Consultant on the project prior to the termination date and which remain
unacceptable and/or not useful to City as of the termination date.

City will pay Consultant an amount based on the percentage of satisfactory work completed in accordance with the notice of termination. The final payment to #7..
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the Consultant after termination for convenience shall be limited to amounts due and owing under the Agreement at time of termination, including the following:
a. The cost of settling and paying valid claims arising out of the termination of the Work such as subconsultant agreements or contracts for materials;
b. The Agreement price allocable to the portion of the Work properly performed or goods supplied to the work site by the Consultant as of the date of termination, as determined in accordance with the notice of termination, reduced by any sums previously paid to the Consultant.

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

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

17. INDEMNITY.

The Consultant shall hold the City, its agents, officers, employees, and volunteers, harmless from and save, defend and indemnify them against any and all claims, losses, liabilities, judgments or damages from every cause, including but not limited to injury to person or property or wrongful death, including reasonable costs and expenses of defense of any judicial or administrative action, to the extent they are arising directly or indirectly out of any negligent, reckless, or willful misconduct of Consultant, or its agents, officers, employees, or volunteers relating to or during the performance of its obligations under this Agreement. The Parties also acknowledge that this Agreement is subject to California Civil Code 2782.8 as amended and effective January 1, 2018.

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

18. DISPUTE RESOLUTION.

All claims, controversies, or disputes arising out of, or relating to the formation of this Agreement, or the breach, termination execution, enforcement, interpretation, or validity of this Agreement, including the determination of the scope or applicability of this contract provision shall be determined by binding arbitration in Modesto, California by one arbitrator, except as otherwise specified in this Agreement. The American Arbitration #7..
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Association shall administer the arbitration under its Arbitration Rules then in effect, subject to the modifications of those rules contained in this paragraph. This agreement to arbitrate shall be specifically enforceable under the prevailing law of any court having jurisdiction, and the award rendered by the arbitrator may be entered in any court having jurisdiction. The appropriate venue for any arbitration or court proceeding relating to or arising out of this provision shall be in Stanislaus County, California.

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

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

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

Both City and Consultant shall have the right, upon written notice, to take no more than three (3) depositions of the other as a matter of right in an arbitration proceeding under the “fast track” rules.

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 #7..
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shall be bound by, the substantive law of the State of California, and not the Federal Arbitration Act at 9 USC Section 1 et seq.

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

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

Consultant shall include in all subcontracts a specification whereby the subcontractor consents to being joined in an arbitration between City and Consultant involving the work of the subcontractor to be joined. Consultant’s failure to do so shall be a breach of this Agreement.

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

20. PARTIAL INVALIDITY.

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

21. WAIVER.

The waiver by any party to this Agreement of a breach of any provision hereof shall be in writing and shall not operate or be construed as a waiver of any other or subsequent breach hereof unless specifically stated in writing. #7..
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22. AUDIT.

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

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

23. GOVERNING LAW.

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

24. HEADINGS NOT CONTROLLING.

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

25. COMPLIANCE WITH LAWS.

Consultant shall comply with all safety and hourly requirements for employees, in accordance with federal, state, and county safety and health regulations and laws.

Consultant shall 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. #7..
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IN WITNESS WHEREOF, the City of Modesto, a municipal corporation, has authorized the execution of this Agreement in duplicate by its City Manager and attestation by its City Clerk under authority of Resolution No. 2023- _______, adopted by the Council of the City of Modesto on the _______ day of ____________, 2023, and WEST YOST ASSOCIATES has caused this agreement to be duly executed in duplicate as of the Effective Date. #7..
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EXHIBIT A
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EXHIBIT A
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EXHIBIT B
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EXHIBIT B
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CITY OF MODESTO

COMMITTEE AGENDA REPORT
DATE OF MEETING:

June 5, 2023
May 17, 2023
TO: Economic Development Committee
Sue Zwahlen, Chair
Chris Ricci, Vice-Chair
Eric Alvarez, Member
THROUGH: Joseph P. Lopez, City Manager
FROM: William Wong, Director of Utilities
SUBJECT: Agreements for On-Call Land Surveying Services for Various Capital Improvement Projects
CONTACT: Peter Kambel, Senior Civil Engineer, 209-577-5444 DESCRIPTION:

Consider approving three Agreements for On-Call Land Surveying Services with Siegfried Engineering, Inc., of Modesto, CA., NorthStar Engineering, Inc., of Modesto, CA., and O’Dell Engineering of Modesto, CA., for a one-year Agreement with two (2) one-year extension options, for an annual estimated amount not to exceed $75,000 per consultant, and a total amount not to exceed $225,000 per consultant over three years. (Funding Source: Various Capital Improvement Program Projects)
STRATEGIC PLAN ELEMENT:

BACKGROUND:

The City’s survey staff is part of the Construction Administration Division housed within the Utilities Department and serves as the designated responsible Land Surveyor for the City.

From time-to-time, project workloads and permit workloads require more resources than the City survey staff has available internally. For those times, the Construction Administration Division staff will utilize the services of a professional land surveying firm.

Land surveying services are required on public works projects, including but not limited to the construction of public buildings, parks, trails, streets, bridges, utility pipelines, storm drain and sanitary sewer lift stations, water well pump stations, water tanks, drainage basins, and wastewater treatment facilities. Services are also needed for reviewing legal maps, plans and documents for property lines, monuments and subdivisions. #8..
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Economic Development Committee, June 5, 2023
Agreements for On-Call Land Surveying Services for Various Capital Improvement Projects

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DISCUSSION:

In accordance with Modesto Municipal Code 8-3.204(a), “Exceptions to Formal Bidding Requirements”, agreements for professional services are exempt from the formal bidding process and requirements.

In accordance with Administrative Directive 3.1, Selection Procedures for Professional Consultants Who Provide Architectural & Engineering Services for Capital Projects, which follows State of California Government Code, Section 4526-4529, staff issued a Request for Qualifications on November 22, 2022. Staff received Statement of Qualifications from ten (10) firms on January 17, 2023. A review committee consisting of City staff reviewed the qualifications. Siegfried Engineering, Inc., of Modesto, CA, NorthStar Engineering, Inc., of Modesto, CA, and O’Dell Engineering of Modesto, CA were deemed the most qualified firms.

FISCAL IMPACT:

There are no fiscal impacts at this time. To fund consultant work for capital projects, funds will be budgeted, and invoices will be paid against each specific Capital Improvement Program project account as the task order is assigned. When reviewing developers’ survey documents, these On-call consultants will bill the City and the City will be reimbursed for these expenses with funds deposited by the developer.

RECOMMENDED COMMITTEE ACTION:

Staff Recommendations:

Motion to approve an Agreement with Siegfried Engineering, Inc., Modesto, CA., NorthStar Engineering, Inc., Modesto, CA., and O’Dell Engineering, Inc., Modesto, CA., for On-Call Land Surveying Services for a one-year Agreement with two one-year extension options, for an annual amount not to exceed $75,000 per consultant, and a total amount not to exceed $225,000 per consultant over three years, and authorizing the City Manager, or his designee, to execute the Agreement and forwarding to Council for approval.

Approved by:

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

1. Agreement with Siegfried Engineering, Inc.

2. Agreement with NorthStar Engineering, Inc.

3. Agreement with O’Dell Engineering, Inc.

4. Cost Proposal Siegfried Engineering, Inc.

5. Cost Proposal NorthStar Engineering, Inc.

6. Cost Proposal O’Dell Engineering, Inc.
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ON-CALL AGREEMENT FOR

ON-CALL LAND SURVEYING SERVICES FOR VARIOUS CAPITAL

IMPROVEMENT PROJECTS
THIS AGREEMENT, made and entered into in the City of Modesto, State of California, this day of , 2023, (“Effective Date”) by and between the CITY OF MODESTO, a municipal corporation of the State of California, hereinafter referred to as "City", and SIEGFRIED ENGINEERING, INC., a California Corporation, hereinafter referred to as "Consultant".

This Agreement is made with regard to the following recitals:

A. City has determined that there is a need for On-Call Land Surveying Services for Various Capital Improvement Projects.

B. Consultant represents that it is qualified, willing and able to provide the requested On-Call Land Surveying Services.

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

1. SCOPE OF SERVICES.

Services to be provided by Consultant under this agreement shall generally fall under, but are not limited to, one or more of the categories as set forth and described in the documents attached hereto and referred to as Exhibit "A".

Specific scope(s) of services to be provided by Consultant shall be further defined by and authorized by City through the issuance of project-specific Task Orders. Each specific Task Order will require a written, scope outlining the specific services to be provided by Consultant, the schedule for completion, and the proposed compensation amount(s) and payment #8..
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methodology to perform the specified services. The City must authorize each Task Order in writing prior to commencement of services by the Consultant.

The Consultant shall perform the services, as described in Exhibit "A" to this Agreement and subsequent Task Orders, in a manner compatible with the standards of its profession, and shall produce a fully complete project that is acceptable to City.

2. TERM OF AGREEMENT.

This Agreement is effective as of the date first written above and will continue in effect until City's acceptance of and payment for all services authorized by City and performed by Consultant, or one (1) year from the above date, whichever occurs latter, with the possibility of two (2) one (1) year extension options, at the sole discretion of City, unless terminated earlier in accordance with the provisions of the termination clause in this Agreement.

City hereby gives Consultant notice to proceed with the provision of services described in Exhibit "A" to this Agreement, as of the Effective Date of this agreement.

Consultant shall diligently proceed with the work and agrees to complete said specific scope(s) of services within the time period set forth in each respective Task Order.

3. COMPENSATION.

Consultant agrees to accept a sum not to exceed SEVENTY- FIVE THOUSAND FIVE HUNDRED AND 00/100 DOLLARS ($75,000) per year, and a sum not to exceed TWO HUNDRED TWENTY- FIVE THOUSAND AND 00/100 DOLLARS ($225,000) over three years as of the Effective Date as full remuneration for performing all services and furnishing all staffing and materials called for in Exhibit "A”, and subsequent Task Orders, and for performance by Consultant of all of its duties and obligations under this Agreement.
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The Compensation shall be paid pursuant in the manner and at the times set forth below:

City shall pay Consultant for work performed as authorized by subsequent Task Orders. All work shall be billed: 1) on a time and materials basis, at the hourly rates set forth in Exhibit “B”, attached hereto, or; 2) on a lump sum, fixed fee basis, as authorized by City per specific Task Order(s). Lump sum fees shall generally be in accordance with approximate amounts as shown in Exhibit “B”. Unless otherwise approved by City, the hourly rates and lump sum fees shown in Exhibit “B” shall remain in effect for the entire term of the agreement, including all extensions.

Consultant shall submit monthly invoices to City which include a detailed description of completed tasks, hours worked, and billable rates or percentage complete (for lump sum tasks) for all work completed, and detailed receipts for any out-of-pocket costs paid by Consultant in connection with work performed on this Project.

4. OBLIGATIONS OF CONSULTANT.

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

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

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

City has entered into this Agreement in reliance on that representation by Consultant. Consultant therefore agrees that ten percent (10%) or more of the time to be devoted to the project that is the subject of this Agreement will be that of the above-named person.

6. OWNERSHIP OF DOCUMENTS/TITLE TO DATA.

Ownership of Documents
All reports, drawings, designs, graphics, working papers and other incidental work or materials furnished hereunder shall become and remain the property of the City, and may be used by City as it may require without any additional cost to City. No reports shall be used by the Consultant for purposes other than this contract without the express prior written consent of City.

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.

8. INTEREST OF CONTRACTOR.

9. AMENDMENTS.

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 #8..
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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.

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.

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.
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It is understood and agreed that as an independent contractor and not an employee of City neither the Consultant or Consultant's assigned personnel shall have any entitlement as a City employee, right to act on behalf of the City in any capacity whatsoever as an agent, or to bind the City to any obligation whatsoever.

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

11. ASSIGNMENT.

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

12. PATENT/COPYRIGHT MATERIALS.

13. NOTICES.

Notice required by this Agreement shall be given in writing and shall be deemed given and effective upon 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 #8..
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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: Siegfried Engineering, Inc.

Address: 100 Sycamore Avenue, Suite 100
Modesto, CA 95354
Attention: Kevin Genasci, PLS
Phone: (209) 762-3580
Email: [email protected]
FOR CITY: Name:

Address:

City of Modesto
1010 10th Street, Suite 4600
Modesto, CA 95354
Attention: Steven Castillo
Phone: (209) 341-2916
Email: [email protected]

14. INSURANCE REQUIREMENTS.

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

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 #8..
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endorsements referenced above must include the applicable policy number.

15. TERMINATION OF AGREEMENT.

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;
f. Complete performance of such part of the Work as has not been terminated;
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g. Take such other actions as may be necessary, or as may be directed by the City for the protection and preservation of the Work and/or property related to the Work;
h. If City so requests, and at City's cost, Consultant shall provide sufficient oral or written status reports to make City reasonably aware of the status of Consultant's work on the project. i. The Consultant understands and agrees that City may, in City's sole discretion, refuse to pay Consultant for that portion of Consultant's services which were performed by Consultant on the project prior to the termination date and which remain
unacceptable and/or not useful to City as of the termination date.

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

17. INDEMNITY.

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

Consultant's obligation to defend, indemnify, and hold the City, its agents, officers, and employees harmless under the provisions of this paragraph is not limited to or #8..
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restricted by any requirement in this Agreement for Consultant to procure and maintain a policy of insurance.

18. DISPUTE RESOLUTION.

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

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

The “fast track’ rules of the American Arbitration Association shall apply #8..
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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.

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

Consultant shall include in all subcontracts a specification whereby the #8..
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subcontractor consents to being joined in 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.

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.

21. WAIVER.

22. AUDIT.

23. GOVERNING LAW.

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

24. HEADINGS NOT CONTROLLING.

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

25. COMPLIANCE WITH LAWS.

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. #8..
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IN WITNESS WHEREOF, the City of Modesto, a municipal corporation, has authorized the execution of this Agreement in duplicate by its City Manager and attestation by its City Clerk under authority of Resolution No. 2023- , adopted by the Council of the City of Modesto on the day of , 2023, and SIEGFRIED ENGINEERING, INC., has caused this agreement to be duly executed in duplicate as of the Effective Date. #8..
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ON-CALL AGREEMENT FOR

ON-CALL LAND SURVEYING SERVICES FOR VARIOUS CAPITAL

IMPROVEMENT PROJECTS
THIS AGREEMENT, made and entered into in the City of Modesto, State of California, this day of , 2023, (“Effective Date”) by and between the CITY OF MODESTO, a municipal corporation of the State of California, hereinafter referred to as "City", and NORTHSTAR ENGINEERING GROUP, INC., a California Corporation, hereinafter referred to as "Consultant".

This Agreement is made with regard to the following recitals:

A. City has determined that there is a need for On-Call Land Surveying Services for Various Capital Improvement Projects.

B. Consultant represents that it is qualified, willing and able to provide the requested On-Call Land Surveying Services.

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

1. SCOPE OF SERVICES.

Specific scope(s) of services to be provided by Consultant shall be further defined by and authorized by City through the issuance of project-specific Task Orders. Each specific Task Order will require a written, scope outlining the specific services to be provided by Consultant, the schedule for completion, and the proposed compensation amount(s) and payment #8..
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methodology to perform the specified services. The City must authorize each Task Order in writing prior to commencement of services by the Consultant.

2. TERM OF AGREEMENT.

City hereby gives Consultant notice to proceed with the provision of services described in Exhibit "A" to this Agreement, as of the Effective Date of this agreement.

Consultant shall diligently proceed with the work and agrees to complete said specific scope(s) of services within the time period set forth in each respective Task Order.

3. COMPENSATION.

Consultant agrees to accept a sum not to exceed SEVENTY FIVE THOUSAND FIVE HUNDRED AND 00/100 DOLLARS ($75,000) per year, and a sum not to exceed TWO HUNDRED TWENTY FIVE THOUSAND AND 00/100 DOLLARS ($225,000) over three years as of the Effective Date as full remuneration for performing all services and furnishing all staffing and materials called for in Exhibit "A”, and subsequent Task Orders, and for performance by Consultant of all of its duties and obligations under this Agreement.
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The Compensation shall be paid pursuant in the manner and at the times set forth below:

4. OBLIGATIONS OF CONSULTANT.

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

5. PERFORMANCE BY KEY EMPLOYEE.

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

6. OWNERSHIP OF DOCUMENTS/TITLE TO DATA.

Ownership of Documents
All reports, drawings, designs, graphics, working papers and other incidental work or materials furnished hereunder shall become and remain the property of the City, and may be used by City as it may require without any additional cost to City. No reports shall be used by the Consultant for purposes other than this contract without the express prior written consent of City.

7. NEWS AND INFORMATION RELEASE.

8. INTEREST OF CONTRACTOR.

9. AMENDMENTS.

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 #8..
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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.

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.
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It is understood and agreed that as an independent contractor and not an employee of City neither the Consultant or Consultant's assigned personnel shall have any entitlement as a City employee, right to act on behalf of the City in any capacity whatsoever as an agent, or to bind the City to any obligation whatsoever.

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

11. ASSIGNMENT.

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

12. PATENT/COPYRIGHT MATERIALS.

13. NOTICES.

Notice required by this Agreement shall be given in writing and shall be deemed given and effective upon 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 #8..
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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: Northstar Engineering Group, Inc.

Address: 620 12th Street
Modesto, CA 95354
Attention: Kent Hysell, LS6953, CFO
Phone: (209) 524-3525
Email: [email protected]
FOR CITY: Name:

Address:

City of Modesto
1010 10th Street, Suite 4600
Modesto, CA 95354
Attention: Steven Castillo
Phone: (209) 341-2916
Email: [email protected]

14. INSURANCE REQUIREMENTS.

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

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 #8..
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endorsements referenced above must include the applicable policy number.

15. TERMINATION OF AGREEMENT.

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;
f. Complete performance of such part of the Work as has not been terminated;
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g. Take such other actions as may be necessary, or as may be directed by the City for the protection and preservation of the Work and/or property related to the Work;
h. If City so requests, and at City's cost, Consultant shall provide sufficient oral or written status reports to make City reasonably aware of the status of Consultant's work on the project. i. The Consultant understands and agrees that City may, in City's sole discretion, refuse to pay Consultant for that portion of Consultant's services which were performed by Consultant on the project prior to the termination date and which remain
unacceptable and/or not useful to City as of the termination date.

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

17. INDEMNITY.

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

Consultant's obligation to defend, indemnify, and hold the City, its agents, officers, and employees harmless under the provisions of this paragraph is not limited to or #8..
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restricted by any requirement in this Agreement for Consultant to procure and maintain a policy of insurance.

18. DISPUTE RESOLUTION.

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

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

The “fast track’ rules of the American Arbitration Association shall apply #8..
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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.

Consultant shall include in all subcontracts a specification whereby the #8..
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subcontractor consents to being joined in 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.

19. ENTIRE AGREEMENT.

20. PARTIAL INVALIDITY.

21. WAIVER.

22. AUDIT.

23. GOVERNING LAW.

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

24. HEADINGS NOT CONTROLLING.

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

25. COMPLIANCE WITH LAWS.

26. CITY BUSINESS LICENSE.

Consultant will have a City of Modesto business license. #8..
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IN WITNESS WHEREOF, the City of Modesto, a municipal corporation, has authorized the execution of this Agreement in duplicate by its City Manager and attestation by its City Clerk under authority of Resolution No. 2023- , adopted by the Council of the City of Modesto on the day of , 2023, and NORTHSTAR ENGINEERING, INC., has caused this agreement to be duly executed in duplicate as of the Effective Date. #8..
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ON-CALL AGREEMENT FOR

ON-CALL LAND SURVEYING SERVICES FOR VARIOUS CAPITAL

IMPROVEMENT PROJECTS
THIS AGREEMENT, made and entered into in the City of Modesto, State of California, this day of , 2023, (“Effective Date”) by and between the CITY OF MODESTO, a municipal corporation of the State of California, hereinafter referred to as "City", and O’DELL ENGINEERING, a California Corporation, hereinafter referred to as "Consultant".

This Agreement is made with regard to the following recitals:

A. City has determined that there is a need for On-Call Land Surveying Services for Various Capital Improvement Projects.

B. Consultant represents that it is qualified, willing and able to provide the requested On-Call Land Surveying Services.

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

1. SCOPE OF SERVICES.

Specific scope(s) of services to be provided by Consultant shall be further defined by and authorized by City through the issuance of project-specific Task Orders. Each specific Task Order will require a written, scope outlining the specific services to be provided by Consultant, the schedule for completion, and the proposed compensation amount(s) and payment #8..
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methodology to perform the specified services. The City must authorize each Task Order in writing prior to commencement of services by the Consultant.

2. TERM OF AGREEMENT.

City hereby gives Consultant notice to proceed with the provision of services described in Exhibit "A" to this Agreement, as of the Effective Date of this agreement.

Consultant shall diligently proceed with the work and agrees to complete said specific scope(s) of services within the time period set forth in each respective Task Order.

3. COMPENSATION.

Consultant agrees to accept a sum not to exceed SEVENTY FIVE THOUSAND FIVE HUNDRED AND 00/100 DOLLARS ($75,000) per year, and a sum not to exceed TWO HUNDRED TWENTY FIVE THOUSAND AND 00/100 DOLLARS ($225,000) over three years as of the Effective Date as full remuneration for performing all services and furnishing all staffing and materials called for in Exhibit "A”, and subsequent Task Orders, and for performance by Consultant of all of its duties and obligations under this Agreement.
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The Compensation shall be paid pursuant in the manner and at the times set forth below:

4. OBLIGATIONS OF CONSULTANT.

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

5. PERFORMANCE BY KEY EMPLOYEE.

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

6. OWNERSHIP OF DOCUMENTS/TITLE TO DATA.

Ownership of Documents
All reports, drawings, designs, graphics, working papers and other incidental work or materials furnished hereunder shall become and remain the property of the City, and may be used by City as it may require without any additional cost to City. No reports shall be used by the Consultant for purposes other than this contract without the express prior written consent of City.

7. NEWS AND INFORMATION RELEASE.

8. INTEREST OF CONTRACTOR.

9. AMENDMENTS.

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 #8..
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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.

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.
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It is understood and agreed that as an independent contractor and not an employee of City neither the Consultant or Consultant's assigned personnel shall have any entitlement as a City employee, right to act on behalf of the City in any capacity whatsoever as an agent, or to bind the City to any obligation whatsoever.

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

11. ASSIGNMENT.

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

12. PATENT/COPYRIGHT MATERIALS.

13. NOTICES.

Notice required by this Agreement shall be given in writing and shall be deemed given and effective upon 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 #8..
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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 Drive, Suite A
Modesto, CA 95350
Attention: Dylan Crawford, PLS
Phone: (209) 497-4065
Email: [email protected]
FOR CITY: Name:

Address:

City of Modesto
1010 10th Street, Suite 4600
Modesto, CA 95354
Attention: Steven Castillo
Phone: (209) 341-2916
Email: [email protected]

14. INSURANCE REQUIREMENTS.

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

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 #8..
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endorsements referenced above must include the applicable policy number.

15. TERMINATION OF AGREEMENT.

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;
f. Complete performance of such part of the Work as has not been terminated;
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g. Take such other actions as may be necessary, or as may be directed by the City for the protection and preservation of the Work and/or property related to the Work;
h. If City so requests, and at City's cost, Consultant shall provide sufficient oral or written status reports to make City reasonably aware of the status of Consultant's work on the project. i. The Consultant understands and agrees that City may, in City's sole discretion, refuse to pay Consultant for that portion of Consultant's services which were performed by Consultant on the project prior to the termination date and which remain
unacceptable and/or not useful to City as of the termination date.

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

17. INDEMNITY.

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

Consultant's obligation to defend, indemnify, and hold the City, its agents, officers, and employees harmless under the provisions of this paragraph is not limited to or #8..
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restricted by any requirement in this Agreement for Consultant to procure and maintain a policy of insurance.

18. DISPUTE RESOLUTION.

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

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

The “fast track’ rules of the American Arbitration Association shall apply #8..
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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.

Consultant shall include in all subcontracts a specification whereby the #8..
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subcontractor consents to being joined in 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.

19. ENTIRE AGREEMENT.

20. PARTIAL INVALIDITY.

21. WAIVER.

22. AUDIT.

23. GOVERNING LAW.

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

24. HEADINGS NOT CONTROLLING.

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

25. COMPLIANCE WITH LAWS.

26. CITY BUSINESS LICENSE.

Consultant will have a City of Modesto business license. #8..
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IN WITNESS WHEREOF, the City of Modesto, a municipal corporation, has authorized the execution of this Agreement in duplicate by its City Manager and attestation by its City Clerk under authority of Resolution No. 2023- , adopted by the Council of the City of Modesto on the day of , 2023, and O’DELL ENGINEERING, has caused this agreement to be duly executed in duplicate as of the Effective Date. #8..
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CIVIL ■ STRUCTURAL ■ LANDSCAPE ARCHITECTURE ■ SURVEYING ■ PLANNING ■ ATHLETIC FACILITY DESIGN DESIGN. INNOVATION. SUCCESS.

BUILDING LEGACIES SINCE 1955 3428 Brookside Road, Stockton, CA 95219 ■ t | 209.943.2021 f | 209.942.0214 ■ siegfriedeng.com

PROPOSAL FOR CITY OF MODESTO

LAND SURVEYING SERVICES FOR

VARIOUS CAPITAL IMPROVEMENT PROJECTS
January 17, 2023
Exhibit A
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2 CIVIL ■ STRUCTURAL ■ LANDSCAPE ARCHITECTURE ■ SURVEYING ■ PLANNING ■ ATHLETIC FACILITY DESIGN 3428 Brookside Road, Stockton, CA 95219 ■ t | 209.943.2021 f | 209.942.0214 ■ siegfriedeng.com

TABLE OF CONTENTS
Stanislaus County, Corporate Yard Phase II - Stanislaus County, CA Stanislaus County, Crows Landing Road Improvements - Stanislaus County, CA COVER LETTER ..................................................................................................................................................3 FIRM EXPERIENCE............................................................................................................................................4 PROJECT MANAGER.......................................................................................................................................... 9 OTHER KEY PROJECT STAFF ............................................................................................................................11 EXAMPLES OF DELIVERABLES.........................................................................................................................15 ADDITIONAL INFORMATION .............................................................................................................................19 ACKNOWLEDGMENTS:

Questions & Answers No. 1 dated January 10, 2023.

Because of our size,
strength, and abilities,
we have the capacity
and resources necessary
to complete any project
City of Modesto may have
under this contract.
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3 CIVIL ■ STRUCTURAL ■ LANDSCAPE ARCHITECTURE ■ SURVEYING ■ PLANNING ■ ATHLETIC FACILITY DESIGN 100 Sycamore Avenue, Suite 100, Modesto, CA 95354 ■ (t) 209.762.3580 (f) 209.942.0214 ■ siegfriedeng.com January 17, 2022
City of Modesto, Utilities Department
ATTN: Steven Castillo
1010 Tenth Street, 4th Floor, Suite 4600
Modesto, CA 95354
SUBJECT: REQUEST FOR QUALIFICATIONS FOR LAND SURVEYING SERVICES

FOR VARIOUS CAPITAL IMPROVEMENT PROJECTS
Mr. Castillo and Members of the Selection Committee,
Siegfried is pleased to submit our proposal and share with the City of Modesto our experience, approach, and perspective, regarding the Land Surveying Services for Various Capital Improvement Projects. As a firm, we have a successful history of projects with the City of Modesto, and extensive surveying on-call contracts and projects. We are confident our range of experience, versatility, depth of understanding, and ability to provide integrated services will benefit the City of Modesto. Together, our team will provide the following benefits:

UNDERSTANDING OF THE PROJECT
Siegfried understands that the City of Modesto is looking to bring in on-call consultants to assist the Utilities Department Construction Administration Division.For this project, our team would assist the City of Modesto with all aspects needed to provide a complete survey, including topographic and boundary surveys, creating easements, preparing corner records and records of survey, and construction staking.

To lead these efforts, Siegfried will have Kevin Genasci, PLS, as the project manager. Kevin has over 20 years of experience working on survey projects throughout Northern California. Supporting Kevin will be Adam Merrill, PE, QSD/QSP, serving as the lead civil engineer. Both Kevin and Adam have extensive experience working with the City of Modesto and throughout the surrounding areas.

As an experienced engineering firm with over 67 years of history in the central valley, our survey team has worked on a wide range of capital improvement projects, including roadway improvements, complete streets projects, and emergency repairs. Because of the size of our firm and experience, we currently serve in several on-call roles for Stanislaus County providing surveying and civil engineering, giving us a current uinderstanding of the area that will be a benefit to the city.

COMMITMENT TO SERVICE
We have earned a reputation as a client-focused, results-driven firm by fully evaluating the specific program, goals, site, context, and budget of every project we undertake. We clearly communicate the full range of achievable options, enabling you to make decisions based on what is possible, not just what is planned. This pragmatic and collaborative approach increases the speed of your projects, and presents design solutions that are truly unique and responsive. From day one, our multidisciplinary structure provides the perspective and understanding needed to effectively communicate and collaborate with City staff and all other stakeholders.

We look forward to continuing our relationship with the City of Modesto and appreciate the opportunity to submit our qualifications.

Should you have any questions or require any additional information, please feel free to contact me directly.

Sincerely,
Kevin Genasci, PLS
Principal | Project Manager
[email protected]
t | 209.762.3580
f | 209.942.0214
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4 CIVIL ■ STRUCTURAL ■ LANDSCAPE ARCHITECTURE ■ SURVEYING ■ PLANNING ■ ATHLETIC FACILITY DESIGN 100 Sycamore Avenue, Suite 100, Modesto, CA 95354 ■ (t) 209.762.3580 (f) 209.942.0214 ■ siegfriedeng.com

OFFICE WHERE WORK

IS TO BE PERFORMED
» Modesto (Office)
100 Sycamore Avenue,
Suite 100
Modesto, CA 95354
t | 209.762.3580
Modesto Staff:
8 Full Time Employees
Survey Department Headquarters
Total Staff:
45 Full Time Employees

ABOUT SIEGFRIED
Founded in 1955, Siegfried is one of the largest multidisciplinary design and engineering firms in Northern California, providing civil, geotechnical, and structural engineering, landscape architecture, surveying, and planning. Having offices in Modesto, Stockton, Sacramento, and San Jose, Siegfried is recognized as one of the foremost professional services firms in Northern California, as measured by our clients, our employees, and our community.

We solve our client’s toughest challenges making complex projects not only manageable but truly enjoyable. Our innovative approach and technical expertise continue to shape the success of communities and businesses in each of our practice areas and beyond.

Over the years, it has become clear that having multiple disciplines working closely together under one roof benefits both the process and the product: streamlining costs while maximizing function. Our teams are cross-trained, so they understand the complexities of the project not just as individual parts, but as a whole.

MULTIDISCIPLINARY APPROACH, CAPACITY & RESOURCES
Our development as a multidisciplinary firm is a direct response to our clients’ needs. We provide professional expertise in a wide variety of practice areas without the overhead and complexity of communicating and coordinating between multiple organizations. This allows us to meet a wide variety of project needs, whether anticipated or not, in a cost-effective and efficient manner. By utilizing this method, Siegfried has the capacity, with our large team, to handle a wide variety of projects yet still maintain close ties with each respective project and project manager. By utilizing a large and diverse team with multiple disciplines working together, Siegfried has the resources to handle any project.

WHY WE FIT
Siegfried’s proven track record of successful surveying projects will be a key factor in accomplishing the project goals. Our dedicated staff continually think outside the box, quickly resolve issues, and push to keep project efforts on track. The key to our success is digging out the crucial issues and resolving them quickly in a manner that is understood and remembered by everyone.

FIRM EXPERIENCE
Siegfried Office - Modesto, CA
Surveying
When accuracy matters and projects require reliable results the first time, our team of surveyors excels. Siegfried delivers detailed surveys you can build upon by using the advanced capabilities of GPS and TPS combined with the human insight and experience needed to apply these tools. The direct link to the field crews streamlines our design process and ensures accurate results by delivering a constant flow of communication between the survey crew in the field and designers and
engineers in the office. For our clients, having an exact picture of the existing conditions will allow our team to provide specific solutions tailored to your project.

Quality Assurance
At Siegfried, quality assurance is maintained throughout the entire project, beginning with a review process at each project milestone. Our quality assurance program has three key
features:
» A non-design team, senior staff member is assigned the responsibility of reviewing all project documents and
providing a critical independent perspective;
» Our team works diligently with the goal of ensuring all project documents work harmoniously and that our Client’s risk exposure is as low as possible; and
» The project manager remains highly involved through
every stage of the project, including the final field
performance testing.

Quality Control
At Siegfried, Quality Control is maintained throughout the entire project, beginning with a review process at the design level.

Every product is reviewed by a senior level manager, and at key intervals, a Principal-in-Charge will review the project to ensure thoroughness, achievement of key Client goals, and to identify any critical issues. Prior to final submittals or issuance of bid documents, an additional peer review is conducted by a staff member not assigned to the project to provide an independent analysis. In addition, at Siegfried, we utilize our technology and software to enhance our Quality Control process by creating documents which avoid possible common sources of drawing conflicts, thus allowing our teams to focus on constructability and certain design aspects.
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5 CIVIL ■ STRUCTURAL ■ LANDSCAPE ARCHITECTURE ■ SURVEYING ■ PLANNING ■ ATHLETIC FACILITY DESIGN 100 Sycamore Avenue, Suite 100, Modesto, CA 95354 ■ (t) 209.762.3580 (f) 209.942.0214 ■ siegfriedeng.com

FIRM EXPERIENCE

PROJECT MANAGER (PM)
Kevin Genasci, PLS
Project Manager | Principal

KEY TEAM MEMBERS
Adam Merrill, PE, QSD/QSP
QA/QC | Lead Civil Engineer
Manny DaBranca
Survey Party Chief

KEVIN GENASCI, PLS
Project Manager | PRINCIPAL
EDUCATION Agricultural Systems Management,
California Polytechnic State University,
San Luis Obispo, CA
LICENSE CA Land Surveyor License No. 8660
Kevin’s clients benefit from his extensive experience
in both the field and office. He specializes in surveys to support the design of residential subdivisions, commercial site developments, industrial site developments, and municipal infrastructure projects. His expertise includes topographic surveying and mapping, boundary surveying, construction surveying, site development, and municipal infrastructure design support. Kevin provides the big picture strategy, planning and execution for the land surveying team and is responsible for the direction and supervision of the survey crews on his project assignments.

ADAM MERRILL, PE, QSD/QSP
Lead Civil Engineer | PRINCIPAL
EDUCATION BS Civil Engineering,
California Polytechnic State University,
San Luis Obispo, CA
LICENSE California Civil Engineer No. 76826
Qualified SWPPP Developer No. 24851
Qualified SWPPP Provider No. 24851
CA Land Surveyor License No. 8660
Adam is recognized for his technical abilities
and broad knowledge when it comes to civil engineering infrastructure projects. Adam carefully considers all existing site conditions and topographical and geologic data. His use of cutting edge technology and design software including the latest in 3D and BIM modeling software allows him to QA/QC design documents for any project he undertakes both on paper and within the 3D models. Adam will use this skill set to be the QA/QC manager.

MANNY DABRANCA
Survey Party Chief
As a Field Crew Coordinator, Manny works with
field crews and monitors their schedules to ensure
assignments are completed on time. He also
enforces safety and client policies. Manny works
closely with surveyors and project managers, plus
provides quality control for field work coming in and out of office. He also ensures the availability and serviceability of field equipment and vehicles.

Manny has more than nine years of first-hand field and office experience for a construction company. He often assists with project scoping and estimating on projects. Manny has a variety of technical skills that include work with Auto Cad Civil 3D as well as Topcon, Trimble, and Leica equipment. He also performs GPS network adjustments and construction layout calculations as well as maintains accurate project information within the Trimble Business Center.

TEAM ROLES

ORGANIZATIONAL CHART
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6 CIVIL ■ STRUCTURAL ■ LANDSCAPE ARCHITECTURE ■ SURVEYING ■ PLANNING ■ ATHLETIC FACILITY DESIGN 100 Sycamore Avenue, Suite 100, Modesto, CA 95354 ■ (t) 209.762.3580 (f) 209.942.0214 ■ siegfriedeng.com CITY OF RIPON, OUTFALL REPAIR - Ripon, CA

FIRM EXPERIENCE
ABOUT THE PROJECT The median master plan for the Town of San Anselmo identifies three major transportation corridors in Town, and the potential for their medians to be utilized as both stormwater quality features, which treats and retains a portion of the subsequent stormwater to decrease the impact to neighboring creeks, and beautify the local medians to enhance the Town. Public outreach meetings were held to get feedback and input for these medians. Siegfried prepared exhibits and renderings to focus the meetings and give the public a sense of the potential for these medians. Subsequently once the Median Master Plan was completed the town secured funding for the Red Hill Median. Siegfried provided civil engineering, landscape architecture, and surveying for the town on this project.

KEY ISSUES
Traffic coordination, drainage, pavement issues

SPECIALTY AREAS ADDRESSED
Traffic phasing, greenscape, survey
TOWN OF SAN ANSELMO, MEDIAN MASTER PLAN & RED HILL AVENUE IMPROVEMENTS - San Anselmo, CA ABOUT THE PROJECT Siegfried worked with the City of Ripon to repair a damaged outfall storm pipe. With rainy weather on the way, Siegfried was tasked with repairing this damaged outfall pipe quickly. Utilizing our team of structural engineers, civil engineers, and surveyors, Siegfried went to work and was able to see this project from start to finish in a little over five weeks. The improvement to this damaged storm pipe included a flared end to help direct the flow of water, rock embankment, and vegetation removal. Siegfried coordinated with the Central Valley Flood Protection Corps of Engineers and the California Department of Fish and Wildlife to obtain an emergency work authorization and concurrent permitting.

KEY ISSUES
Coordination with multiple agencies, emergency services, expedited timeline

SPECIALTY AREAS ADDRESSED
Drainage, PS&E, Survey
SIZE
<1 Acre

COMPLETION DATE
2020

PROJECT COSTS
$86,000
Chris Brady
Deputy Director
Stanislaus County Public Works
1716 Morgan Road
Modesto, CA 95358
209.525.4184
[email protected]

REFERENCE
SIZE

4.15 Acrea

COMPLETION DATE
2020
COST
$1,500,000
Scott Schneider
Assistant Public Works Director
Town of San Anselmo
525 San Anselmo Avenue
San Anselmo, CA 94960
415.258.4653
sschneider
@townofsananselmo.org

REFERENCE

DETAILS

DETAILS
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7 CIVIL ■ STRUCTURAL ■ LANDSCAPE ARCHITECTURE ■ SURVEYING ■ PLANNING ■ ATHLETIC FACILITY DESIGN 100 Sycamore Avenue, Suite 100, Modesto, CA 95354 ■ (t) 209.762.3580 (f) 209.942.0214 ■ siegfriedeng.com 3 2 4 4 B r o o k s i d e R o a d , S u i t e 1 0 0 S t o c k t o n , C a l 2 0 9 - 9 4 3 - 2 0 2 1 w w w . s i e g f r i e d e n g . c o m F x : 2 N (Existing View on Monterey Ave. & Tioga Dr.)

TRAVEL LANE

STREETSIDE PARKING
NEW 5'-0" WIDE

SIDEWALK

EXISTING DRIVEWAY

EDGE OF EXISTING

ASPHALT ROADWAY

TRAVEL LANE STRIPING

STREETSIDE PARKING

EDGE OF EXISTING

ASPHALT ROADWAY
NEW 5'-0" WIDE SIDEWALK

EXISTING FENCE
TYPICAL ALLEY SECTION (Proposed Class I Bike Path)

TION TYPICAL ROADWAY SECTION - PLAN VIEW
2 4

PATH LIGHT

NEW CLASS I BIKE PATH

BOLLARD
ABOUT THE PROJECT Siegfried is currently consulting and providing engineering services to Stanislaus County to help them improve functionality, plus directly enhance the pedestrian use of County roadways.

Project elements include designing and constructing sidewalks and drainage improvements in four different areas of the County. By installing a dedicated path of travel for pedestrians, this project will also provide safe routes to school for children.

KEY ISSUES
Community support, phasing

SPECIALTY AREAS ADDRESSED
Path of travel improvement, safety measures, survey
MEASURE L AIRPORT NEIGHBORHOOD SIDEWALKS - Stanislaus County, CA ABOUT THE PROJECT Siegfried provided civil engineering, structural engineering, surveying, and landscape architecture for the second phase of the Stanislaus County Corp Yard Phase II. This project included the demolition of old structures, design and construction of a new pole barn, a new covered storage structure, and new paving and striping. Siegfried worked on this project with BSK for environmental and Miller Pezzoni for electrical engineering.

Siegfried provided complete designs. Stanislaus County is working to identify funding for construction.

KEY ISSUES
Expanded facilities, heavy vehicle storage, new buildings

SPECIALTY AREAS ADDRESSED
Pavement for heavy vehicles, structural support, complete PS&E, survey STANISLAUS COUNTY, CORPORATE YARD PHASE II - Stanislaus County, CA SIZE
16,000 SF

COMPLETION DATE
2023
COST
$3,100,000

FIRM EXPERIENCE
Theron Roschen, PE
Project Manager
Stanislaus County Public Works
1716 Morgan Road
Modesto, CA 95358
209.541.2509
[email protected]

REFERENCE
SIZE
152,000 SF

COMPLETION DATE
2010
COST
$24,000,000
Chris Brady
Deputy Director
Stanislaus County Public Works
1716 Morgan Road
Modesto, CA 95358
209.525.4184
[email protected]

REFERENCE

DETAILS

DETAILS
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8 CIVIL ■ STRUCTURAL ■ LANDSCAPE ARCHITECTURE ■ SURVEYING ■ PLANNING ■ ATHLETIC FACILITY DESIGN 100 Sycamore Avenue, Suite 100, Modesto, CA 95354 ■ (t) 209.762.3580 (f) 209.942.0214 ■ siegfriedeng.com

FIRM EXPERIENCE
ABOUT THE PROJECT Siegfried is providing surveying, civil engineering, and public outreach for Stanislaus County’s improvement project to widen Crows Landing Road, between SR 99 to approximately 700 feet south of 7th Street. The goal is to bring the road system into compliance with County standards and make it capable of handling the increased traffic load due to the planned replacement of the 7th Street bridge. Project elements include a 12-foot wide, two-way center turn lane within the project limits, and a 12-foot wide through lane in each direction, with 5-foot shoulders on both sides. This project was funded by a grant through Measure L.

KEY ISSUES Coordination with multiple agencies, phasing for the survey and construction work

MODESTO, CALIFORNIA
(SEVENTH AVENUE TO HWY 99)

CROWS LANDING ROAD
99 SITE
99 STANISLAUS COUNTY, CROWS LANDING ROAD IMPROVEMENTS - Stanislaus County, CA ABOUT THE PROJECT This project is a 10-block rehabilitation of Miner Avenue that spans from Center Street to the UPRR underpass. ATP grant-funded, Phase I consists of the first four blocks of bike and walkway improvements, plus the CMAQ-funded roundabout at the San Joaquin intersection. Improvements will include lane reduction from four to two lanes and Class II bicycle lanes; the addition of median islands and the roundabout; traffic signal modifications at the signalized intersections; streetlights; as well as wider sidewalks with pedestrian and bicycle amenities.

KEY ISSUES Project took several different grants to complete, therefore work needed to be specific to the requirements of each grant, and each project location.

CITY OF STOCKTON, MINER AVENUE COMPLETE STREETS - Stockton, CA SIZE
10 Blocks

PROJECT DATES
2016-2022
COST
$15,200,000
Rosa Alvarez
City of Stockton
Public Works Department
22 East Weber Ave, Rm 301
Stockton, CA 95202
209.937.8134
[email protected]

REFERENCE
SIZE
12 FT Wide Lanes
5 FT Shoulders

PROJECT DATES
2018-2020
COST
$1,500,000
Theron Roschen, PE,
Project Manager
Stanislaus County Public Works
1716 Morgan Road
Modesto, CA 95358
209.525.4194
[email protected]

REFERENCE
SPECIALTY AREAS ADDRESSED topographic survey, lot line adjustments, determination of property lines, street centerlines, section lines and right-of-way lines.

SPECIALTY AREAS ADDRESSED topographic survey, lot line adjustments, determination of property lines, street centerlines, section lines and right-of-way lines.

DETAILS

DETAILS
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9 CIVIL ■ STRUCTURAL ■ LANDSCAPE ARCHITECTURE ■ SURVEYING ■ PLANNING ■ ATHLETIC FACILITY DESIGN 100 Sycamore Avenue, Suite 100, Modesto, CA 95354 ■ (t) 209.762.3580 (f) 209.942.0214 ■ siegfriedeng.com

PROFESSIONAL PROFILE

EDUCATION
Agricultural Systems
Management
California Polytechnic State
University, San Luis Obispo, CA

LICENSE
California Land Surveyor
License No. 8660

AFFILIATIONS
California Land Surveyors
Association
American Council of
Engineering Companies
AWARDS
Yerba Buena High School Student
Union and Quad Transformation,
2021 DBIA Regional Project of the
Year Award, 2021 DBIA National
Best in Process Award, 2021 DBIA
National Chairman’s Award,
2021 DBIA National Award of
Excellence, 2021 DBIA National
Award of Merit, and LEED Silver
Casa Roble High School Student
Union, 2021 DBIA Best Regional
Project, and 2021 DBIA Design
Excellence
UC Davis International Center,
2017 DBIA Merit & Design
Excellence Award, LEED Gold

YEARS OF EXPERIENCE
21 - Total
5 - Siegfried

CONTACT INFORMATION
100 Sycamore Ave, Suite 100
Modesto, CA 95354
t | 209.762.3580
[email protected]
PROJECT MANAGER | PRINCIPAL

KEVIN GENASCI PLS

PROJECT MANAGER
Kevin’s clients benefit from his extensive experience in both the field and office.

He specializes in surveys to support the design of residential subdivisions, commercial site developments, industrial site developments, and municipal infrastructure projects.

His expertise includes topographic surveying and mapping, boundary surveying, construction surveying, site development, and municipal infrastructure design support.

Kevin provides the big picture strategy, planning and execution for the land surveying team and is responsible for the direction and supervision of the survey crews on his project assignments.

RECENTLY COMPLETED PROJECTS
CITY OF STOCKTON, MINER AVENUE COMPLETE STREETS - Stockton CA Completion Date: 2022
Amount: $15.2MOwner: City of Stockton
Project description: This project is a 10-block rehabilitation of Miner Avenue that spans from Center Street to the UPRR underpass. ATP grant-funded, Phase I consists of the first four blocks of bike and walkway improvements, plus the CMAQ-funded roundabout at the San Joaquin intersection.

Improvements will include lane reduction from four to two lanes and Class II bicycle lanes; the addition of median islands and the roundabout; traffic signal modifications at the signalized intersections; streetlights; as well as wider sidewalks with pedestrian and bicycle amenities.

Owner Representative: Rosa Alvarez 425 N. El Dorado St #317, Stockton, CA, 209.937.8134 Role/Responsibilities: Survey Manager - Client Coordination, QA/QC, Survey of Record, Monument Preservation STANISLAUS COUNTY, CROWS LANDING ROAD IMPROVEMENTS - Stanislaus County, CA Completion Date: 2020
Amount: $1MOwner: Stanislaus County Public Works
Project description: Siegfried is provided surveying, civil engineering, and public outreach for Stanislaus County’s improvement project to widen Crows Landing Road, between SR 99 to approximately 700 feet south of 7th Street. The goal is to bring the road system into compliance with County standards and make it capable of handling the increased traffic load due to the planned replacement of the 7th Street bridge. Project elements include a 12-foot wide, two-way center turn lane within the project limits, and a 12-foot wide through lane in each direction, with 5-foot shoulders on both sides. This project was funded by a grant through Measure L.

Owner Representative: Theron Roschen, PE, 1716 Morgan Rd, Modesto, CA, 209.525.4130 Role/Responsibilities: Survey Manager - Client Coordination, QA/QC, Survey of Record, Monument Preservation STANISLAUS COUNTY, CORPORATE YARD PHASE II - Stanislaus County, CA Completion Date: 2020
Amount: $3.1MOwner: Stanislaus County Public Works
Project description: Siegfried provided civil engineering, structural engineering, surveying, and landscape architecture for the second phase of the Stanislaus County Corp Yard Phase II. This project included the demolition of old structures, design and construction of a new pole barn, a new covered storage structure, and new paving and striping. Siegfried worked on this project with BSK for environmental and Miller Pezzoni for electrical engineering.

Owner Representative: Theron Roschen, PE, 1716 Morgan Rd, Modesto, CA, 209.525.4130 Role/Responsibilities: Survey Manager - Client Coordination, QA/QC, Survey of Record, Monument Preservation MEASURE L AIRPORT NEIGHBORHOOD SIDEWALKS - San Joaquin County, CA Completion Date: 2023Amount: $16M TotalOwner: Stanislaus County Public Works Project description: Siegfried recently completed consulting and engineering services for one of five Stanislaus County neighborhood improvement projects (Airport Neighborhood) to help them improve functionality, plus directly enhance the pedestrian use of County roadways. Project elements include designing and constructing sidewalks and drainage improvements, as well as community outreach. By installing a dedicated path of travel for pedestrians, this project will also provide safe routes to school for children.

Owner Representative: Denis Bazyuk, PE, 1716 Morgan Rd, Modesto, CA, 209.525.4150 Role/Responsibilities: Survey Manager - Client Coordination, QA/QC, Survey of Record, Monument Preservation #8..
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10 CIVIL ■ STRUCTURAL ■ LANDSCAPE ARCHITECTURE ■ SURVEYING ■ PLANNING ■ ATHLETIC FACILITY DESIGN 100 Sycamore Avenue, Suite 100, Modesto, CA 95354 ■ (t) 209.762.3580 (f) 209.942.0214 ■ siegfriedeng.com

KEVIN GENASCI PLS

LEAD SURVEYOR, PRINCIPAL

PROJECT MANAGER

CURRENT PROJECTS AND COMMITMENT LEVEL
25% | STANISLAUS COUNTY, MEASURE L SIDEWALK PROJECTS - Stanislaus County, CA Est. Completion Date: 2025Amount: $16MOwner: Stanislaus County Public Works Project description: Siegfried is currently consulting and providing survey and engineering services to Stanislaus County, on four projects, to help them improve functionality, plus directly enhance the pedestrian use of County roadways. Project elements include designing and constructing sidewalks and drainage improvements in four different areas of the County.

Owner Representative: Chris Brady, Deputy Director, 1716 Morgan Rd, Modesto, CA, 209.525.4184 Role/Responsibilities: Survey Manager; Client Coordination, QA/QC, Survey of Record, Monument Preservation 25% | UC DAVIS, STEAM TO HOT WATER CONVERSION, PHASE II - Davis, CA Est. Completion Date: 2023Amount: $34MOwner: University of California, Davis Project description: Siegfried is providing civil engineering and surveying services for the UCD Steam to Hot Water Conversion, Phase II project. The project will consist of the second phase of the design and construction of hot water pipes within the UC Davis Campus that are intended to replace steam piping as energy distribution to several buildings, specifically the Sprocket and Bioletti networks.

Owner Representative: Joana Pyun, AEI, 300 California St. 6th Floor, San Francisco, CA, 415.764.3771 Role/Responsibilities: Survey Manager; Client Coordination, QA/QC, Survey of Record, Monument Preservation 10% | UC DAVIS HEALTH, CALIFORNIA TOWER- Davis, CA
Est. Completion Date: 2030
Amount: $3.75BOwner: UC Davis Health
Project description: Siegfried is providing civil engineering and survey for UC Davis Health in building the California Tower. This tower is a key piece of the strategy to achieve seismic safety compliance, additional service capacity, and operational improvements. Siegfried coordinated all utilities, including hot and chilled water, sewer, and other essential utility functions for this HCAI facility.

Owner Representative: Stephen Reiland, 4800 2nd Ave, Suite 3010, Sacramento, CA, 916.734.7024 Role/Responsibilities: Survey Manager; Client Coordination, QA/QC, Survey of Record, Monument Preservation 10% | MODESTO CROSSINGS RESIDENTIAL SITE PLANNING - Modesto, CA Est. Completion Date: 2023
Amount: $1.1MOwner: D.R Horton
Project description: Siegfried is performing civil engineering and land surveying services for the proposed residential Modesto Crossings development in the City of Modesto. The parcels are roughly 83 acres in total. The scope of work includes: ALTA/NSPS land title survey, design development, planning and entitlements, topographic survey, construction documents and staking, and SWPPP/QSD services.

Owner Representative: Adam Foster, 3000 Executive Pkwy, Ste 100, San Ramon, CA 925.719.4706 Role/Responsibilities: Survey Manager; Client Coordination, QA/QC, Survey of Record, Construction Staking 10% | CITY OF STOCKTON, SAFE ROUTES TO SCHOOL - Stockton, CA Est. Completion Date: 2024
Amount: $3.24MOwner: City of Stockton
Project description: Siegfried is providing civil engineering, surveying, and public outreach for the City of Stockton Safe Routes to School Safety and Connectivity Improvement project. The project consists of 7 locations throughout the city that will include a mix of the installation of new bike lanes, signal modifications, ADA upgrades, and sidewalk repairs.

Owner Representative: Zulema Rodriguez, 22 E. Weber Ave, Rm. 301, Stockton, CA 209.937.5499 Role/Responsibilities: Survey Manager; Client Coordination, QA/QC, Survey of Record, Monument Preservation UC Davis Health, California Tower
Sacramento, CA
Modetso Crossings Residential Site
Modesto, CA
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11 CIVIL ■ STRUCTURAL ■ LANDSCAPE ARCHITECTURE ■ SURVEYING ■ PLANNING ■ ATHLETIC FACILITY DESIGN 100 Sycamore Avenue, Suite 100, Modesto, CA 95354 ■ (t) 209.762.3580 (f) 209.942.0214 ■ siegfriedeng.com Adam is recognized for his technical abilities and broad knowledge when it comes to civil engineering infrastructure projects. His duties include client management, planning, designing, preparing reports, and participating in and directing public outreach efforts to ensure community and project stakeholder consensus.

To ensure project success, Adam carefully considers all existing site conditions and topographical and geologic data. His use of cutting edge technology and design software including the latest in 3D and BIM modeling software allows him to prepare technically accurate design documents for any project he undertakes.

LEAD CIVIL ENGINEER | PRINCIPAL

ADAM MERRILL PE, QSD/QSP

PROFESSIONAL PROFILE

EDUCATION
BS Civil Engineering,
California Polytechnic
State University,
San Luis Obispo, CA

LICENSE
California Civil Engineer
No. 76826
Qualified SWPPP Developer
No. 24851
Qualified SWPPP Provider
No. 24851

AFFILIATIONS
American Society of
Civil Engineers
AWARDS
Yerba Buena High School Student
Union and Quad Transformation,
2021 DBIA Regional Project of the
Year Award, 2021 DBIA National
Best in Process Award, 2021 DBIA
National Chairman’s Award,
2021 DBIA National Award of
Excellence, 2021 DBIA National
Award of Merit, and LEED Silver
Casa Roble High School Student
Union, 2021 DBIA Best Regional
Project, and 2021 DBIA Design
Excellence

YEARS OF EXPERIENCE
15 - Total
10 - Siegfried

CONTACT INFORMATION
100 Sycamore Ave, Suite 100
Modesto, CA 95354
t | 209.762.3580
[email protected]

RECENTLY COMPLETED PROJECTS
STANISLAUS COUNTY, CROWS LANDING ROAD IMPROVEMENTS - Stanislaus County, CA Completion Date: 2020Amount: $1MOwner: Stanislaus County Public Works Project description: Siegfried is provided surveying, civil engineering, and public outreach for Stanislaus County’s improvement project to widen Crows Landing Road, between SR 99 to approximately 700 feet south of 7th Street. The goal is to bring the road system into compliance with County standards and make it capable of handling the increased traffic load due to the planned replacement of the 7th Street bridge. Project elements include a 12-foot wide, two-way center turn lane within the project limits, and a 12-foot wide through lane in each direction, with 5-foot shoulders on both sides. This project was funded by a grant through Measure L.

Owner Representative: Theron Roschen, PE, 1716 Morgan Rd, Modesto, CA, 209.525.4130 Role/Responsibilities: Lead Civil Engineer; Complete PS&Es STANISLAUS COUNTY, CORPORATE YARD PHASE II - Stanislaus County, CA Completion Date: 2020
Amount: $3.1MOwner: Stanislaus County Public Works
Project description: Siegfried provided civil engineering, structural engineering, surveying, and landscape architecture for the second phase of the Stanislaus County Corp Yard Phase II. This project included the demolition of old structures, design and construction of a new pole barn, a new covered storage structure, and new paving and striping. Siegfried worked on this project with BSK for environmental and Miller Pezzoni for electrical engineering.

Owner Representative: Theron Roschen, PE, 1716 Morgan Rd, Modesto, CA, 209.525.4130 Role/Responsibilities: Lead Civil Engineer; Complete PS&Es MEASURE L AIRPORT NEIGHBORHOOD SIDEWALKS - San Joaquin County, CA Completion Date: 2023Amount: $16M TotalOwner: Stanislaus County Public Works Project description: Siegfried recently completed consulting and engineering services for one of five Stanislaus County neighborhood improvement projects (Airport Neighborhood) to help them improve functionality, plus directly enhance the pedestrian use of County roadways. Project elements include designing and constructing sidewalks and drainage improvements, as well as community outreach. By installing a dedicated path of travel for pedestrians, this project will also provide safe routes to school for children.

Owner Representative: Denis Bazyuk, PE, 1716 Morgan Rd, Modesto, CA, 209.525.4150 Role/Responsibilities: Lead Civil Engineer; Complete PS&Es CITY OF STOCKTON, MINER AVENUE COMPLETE STREETS - Stockton CA Completion Date: 2022
Amount: $15.2MOwner: City of Stockton
Project description: This project is a 10-block rehabilitation of Miner Avenue that spans from Center Street to the UPRR underpass. ATP grant-funded, Phase I consists of the first four blocks of bike and walkway improvements, plus the CMAQ-funded roundabout at the San Joaquin intersection.

Owner Representative: Rosa Alvarez 425 N. El Dorado St #317, Stockton, CA, 209.937.8134 Role/Responsibilities: Lead Civil Engineer; Complete PS&Es

OTHER KEY PROJECT STAFF
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12 CIVIL ■ STRUCTURAL ■ LANDSCAPE ARCHITECTURE ■ SURVEYING ■ PLANNING ■ ATHLETIC FACILITY DESIGN 100 Sycamore Avenue, Suite 100, Modesto, CA 95354 ■ (t) 209.762.3580 (f) 209.942.0214 ■ siegfriedeng.com

OTHER KEY PROJECT STAFF CONTINUED

CURRENT PROJECTS AND COMMITMENT LEVEL
35% | STANISLAUS COUNTY, MEASURE L SIDEWALK PROJECTS - Stanislaus County, CA Est. Completion Date: 2025Amount: $16MOwner: Stanislaus County Public Works Project description: Siegfried is currently consulting and providing survey and engineering services to Stanislaus County, on four projects, to help them improve functionality, plus directly enhance the pedestrian use of County roadways. Project elements include designing and constructing sidewalks and drainage improvements in four different areas of the County.

Owner Representative: Chris Brady, Deputy Director, 1716 Morgan Rd, Modesto, CA, 209.525.4184 Role/Responsibilities: Project Manager; Civil engineer, complete PS&Es 25% | UC DAVIS HEALTH, FOLSOM MEDICAL OFFICE BUILDING - Folsom, CA Est. Completion Date: 2024
Amount: Est. $123MOwner: UC Davis Health
Project description: Siegfried is providing surveying, civil engineering and landscape architecture for the UC Davis Health Folsom campus. This $120 million complete campus development includes new medical offices, as well as a new diagnostic imaging center. Siegfried is working closely with the design build team and UC Davis health on the complete site plan, parking lots, utility coordination, and path of travel.

Owner Representative: Wes Ramirez,4800 2nd Ave, Ste 300, Sacramento, CA, 916.705.6997 Role/Responsibilities: Project Manager; Civil engineer, complete PS&Es 10% | CITY OF TURLOCK, ROAD ROADS PROGRAM CAPITAL IMPROVEMENT PROJECTS - Turlock, CA Est. Completion Date: 2028
Amount: $11M+Owner: City of Turlock
Project description: Siegfried is providing civil engineering, surveying, and public outreach for the City of Turlock Roads CIP project. Our team is providing engineering services, including utility coordination, field surveys, rail coordination, right-of-way services, and subsurface investigations leading to the completion of plans, specifications, and estimates (PS&E) for construction for any of 15 streets identified in the improvement plan. We are also providing design support services during the construction phase of the project.

Owner Representative: Fred Pezeshk, Program Manager, 156 S. Broadway, Ste 150, Turlock, CA 209.668.5520 Role/Responsibilities: Project Manager; Lead civil engineer, complete PS&Es 5% | UC DAVIS HEALTH, CALIFORNIA TOWER- Davis, CA
Est. Completion Date: 2030
Amount: $3.75BOwner: UC Davis Health
Project description: Siegfried is providing civil engineering and survey for UC Davis Health in building the California Tower. This tower is a key piece of the strategy to achieve seismic safety compliance, additional service capacity, and operational improvements. Siegfried coordinated all utilities, including hot and chilled water, sewer, and other essential utility functions for this HCAI facility.

Owner Representative: Stephen Reiland, 4800 2nd Ave, Suite 3010, Sacramento, CA, 916.734.7024 Role/Responsibilities: QA/QC Manager
LEAD CIVIL ENGINEER | PRINCIPAL

ADAM MERRILL PE, QSD/QSP
UCDH, Folsom MOB Site
Folsom, CA
Measure L Airport Neighborhood
Modesto, CA
#8..
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13 CIVIL ■ STRUCTURAL ■ LANDSCAPE ARCHITECTURE ■ SURVEYING ■ PLANNING ■ ATHLETIC FACILITY DESIGN 100 Sycamore Avenue, Suite 100, Modesto, CA 95354 ■ (t) 209.762.3580 (f) 209.942.0214 ■ siegfriedeng.com

SURVEY PARTY CHIEF
MANNY DaBRANCA

PROFESSIONAL PROFILE

EDUCATION
BA Culinary Arts, Institute of
Technology, Modesto, CA
United States Army,
Basic Training/
Advanced Individual Training

YEARS OF EXPERIENCE
9 - Total
3 - Siegfried

CONTACT INFORMATION
100 Sycamore Ave, Suite 100
Modesto, CA 95354
t | 209.762.3580
[email protected]

RECENTLY COMPLETED PROJECTS
CITY OF STOCKTON, MINER AVENUE COMPLETE STREETS - Stockton CA Completion Date: 2022Amount: $15.2MOwner: City of Stockton Project description: This project is a 10-block rehabilitation of Miner Avenue that spans from Center Street to the UPRR underpass. ATP grant-funded, Phase I consists of the first four blocks of bike and walkway improvements, plus the CMAQ-funded roundabout at the San Joaquin intersection.

Owner Representative: Rosa Alvarez 425 N. El Dorado St #317, Stockton, CA, 209.937.8134 Role/Responsibilities: Survey Party Chief; coordination of field crew, permitting STANISLAUS COUNTY, CROWS LANDING ROAD IMPROVEMENTS - Stanislaus County, CA Completion Date: 2020
Amount: $1MOwner: Stanislaus County Public Works
Project description: Siegfried is provided surveying, civil engineering, and public outreach for Stanislaus County’s improvement project to widen Crows Landing Road, between SR 99 to approximately 700 feet south of 7th Street. The goal is to bring the road system into compliance with County standards and make it capable of handling the increased traffic load due to the planned replacement of the 7th Street bridge. Project elements include a 12-foot wide, two-way center turn lane within the project limits, and a 12-foot wide through lane in each direction, with 5-foot shoulders on both sides. This project was funded by a grant through Measure L.

Owner Representative: Theron Roschen, PE, 1716 Morgan Rd, Modesto, CA, 209.525.4194 Role/Responsibilities: Survey Party Chief; coordination of field crew, permitting STANISLAUS COUNTY, CORPORATE YARD PHASE II - Stanislaus County, CA Completion Date: 2020
Amount: $3.1MOwner: Stanislaus County Public Works
Project description: Siegfried provided civil engineering, structural engineering, surveying, and landscape architecture for the second phase of the Stanislaus County Corp Yard Phase II. This project included the demolition of old structures, design and construction of a new pole barn, a new covered storage structure, and new paving and striping. Siegfried worked on this project with BSK for environmental and Miller Pezzoni for electrical engineering.

Owner Representative: Theron Roschen, PE, 1716 Morgan Rd, Modesto, CA, 209.525.4194 Role/Responsibilities: Survey Party Chief; coordination of field crew, permitting MEASURE L AIRPORT NEIGHBORHOOD SIDEWALKS - San Joaquin County, CA Completion Date: 2023Amount: $16M TotalOwner: Stanislaus County Public Works Project description: Siegfried recently completed consulting and engineering services for one of five Stanislaus County neighborhood improvement projects (Airport Neighborhood) to help them improve functionality, plus directly enhance the pedestrian use of County roadways. Project elements include designing and constructing sidewalks and drainage improvements, as well as community outreach. By installing a dedicated path of travel for pedestrians, this project will also provide safe routes to school for children.

Owner Representative: Denis Bazyuk, PE, 1716 Morgan Rd, Modesto, CA, 209.525.4150 Role/Responsibilities: Survey Party Chief; coordination of field crew, permitting

OTHER KEY PROJECT STAFF
As a Field Crew Coordinator, Manny works with field crews and monitors their schedules to ensure assignments are completed on time. He also enforces safety and client policies. Manny works closely with surveyors and project managers, plus provides quality control for field work coming in and out of office. He also ensures the availability and serviceability of field equipment and vehicles. Manny has more than nine years of first-hand field and office experience for a construction company. He often assists with project scoping and estimating on projects. Manny has a variety of technical skills that include work with Auto Cad Civil 3D as well as Topcon, Trimble, and Leica equipment.

He also performs GPS network adjustments and construction layout calculations as well as maintains accurate project information within the Trimble Business Center. #8..
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14 CIVIL ■ STRUCTURAL ■ LANDSCAPE ARCHITECTURE ■ SURVEYING ■ PLANNING ■ ATHLETIC FACILITY DESIGN 100 Sycamore Avenue, Suite 100, Modesto, CA 95354 ■ (t) 209.762.3580 (f) 209.942.0214 ■ siegfriedeng.com

OTHER KEY PROJECT STAFF CONTINUED

Owner Representative: Chris Brady, Deputy Director, 1716 Morgan Rd, Modesto, CA, 209.525.4184 Role/Responsibilities: Survey Party Chief; coordination of field crew, permitting 25% | UC DAVIS, STEAM TO HOT WATER CONVERSION, PHASE II - Davis, CA Est. Completion Date: 2023Amount: $34MOwner: University of California, Davis Project description: Siegfried is providing civil engineering and surveying services for the UCD Steam to Hot Water Conversion, Phase II project. The project will consist of the second phase of the design and construction of hot water pipes within the UC Davis Campus that are intended to replace steam piping as energy distribution to several buildings, specifically the Sprocket and Bioletti networks.

Owner Representative: Joana Pyun, AEI, 300 California St. 6th Floor, San Francisco, CA, 415.764.3771 Role/Responsibilities: Survey Party Chief; coordination of field crew, permitting 10% | UC DAVIS HEALTH, CALIFORNIA TOWER- Davis, CA
Est. Completion Date: 2030
Amount: $3.75BOwner: UC Davis Health
Project description: Siegfried is providing civil engineering and survey for UC Davis Health in building the California Tower. This tower is a key piece of the strategy to achieve seismic safety compliance, additional service capacity, and operational improvements. Siegfried coordinated all utilities, including hot and chilled water, sewer, and other essential utility functions for this HCAI facility.

Owner Representative: Stephen Reiland, 4800 2nd Ave, Suite 3010, Sacramento, CA, 916.734.7024 Role/Responsibilities: Survey Party Chief; coordination of field crew, permitting 10% | MODESTO CROSSINGS RESIDENTIAL SITE PLANNING - Modesto, CA Est. Completion Date: 2023
Amount: $1.1MOwner: D.R Horton
Project description: Siegfried is performing civil engineering and land surveying services for the proposed residential Modesto Crossings development in the City of Modesto. The parcels are roughly 83 acres in total. The scope of work includes: ALTA/NSPS land title survey, design development, planning and entitlements, topographic survey, construction documents and staking, and SWPPP/QSD services.

Owner Representative: Adam Foster, 3000 Executive Pkwy, Ste 100, San Ramon, CA 925.719.4706 Role/Responsibilities: Survey Party Chief; coordination of field crew, permitting 10% | CITY OF STOCKTON, SAFE ROUTES TO SCHOOL - Stockton, CA Est. Completion Date: 2024
Amount: $3.24MOwner: City of Stockton
Project description: Siegfried is providing civil engineering, surveying, and public outreach for the City of Stockton Safe Routes to School Safety and Connectivity Improvement project. The project consists of 7 locations throughout the city that will include a mix of the installation of new bike lanes, signal modifications, ADA upgrades, and sidewalk repairs.

Owner Representative: Zulema Rodriguez, 22 E. Weber Ave, Rm. 301, Stockton, CA 209.937.5499 Role/Responsibilities: Survey Party Chief; coordination of field crew, permitting

SURVEY PARTY CHIEF
MANNY DaBRANCA

OTHER KEY PROJECT STAFF
UC Davis Steam to Hot Water
SDavis, CA
City of Stockton, Safe Routes to School
Stockton, CA (1 of 7 locations)
#8..
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15 EXAMPLES OF DELIVERABLES: TOPOGRAPHIC SURVEY
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NOTES:

LEGEND

BENCHMARK

BASIS OF BEARING

TOPOGRAPHIC
SURVEY
T1

REVISIONS
No. Date Description
Job No.

Date
Drawn by
Proj Mgr PJS
1/28/2022
22242
DRAFT
of:
1 PROJECT

SHEET TITLE

AGRICULTURAL

INNOVATION
CENTER
1050 EXT CENTER DR
DAVIS, CA 95616
SS/MK
Sheet: Know what's R
#8..
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16 EXAMPLES OF DELIVERABLES: RECORD OF SURVEY
#8..
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17 CIVIL ■ STRUCTURAL ■ LANDSCAPE ARCHITECTURE ■ SURVEYING ■ PLANNING ■ ATHLETIC FACILITY DESIGN 100 Sycamore Avenue, Suite 100, Modesto, CA 95354
■ (t) 209.762.3580 (f) 209.942.0214 ■ siegfriedeng.com
EXAMPLES OF DELIVERABLES: EASEMENT PLAT AND LEGAL DESCRIPTION TOGETHER WITH:

BEGINNING AT SAID POINT “B”; THENCE NORTH 87°46’07” EAST, A DISTANCE OF 17.87 FEET TO POINT “E”; THENCE CONTINUING NORTH 87°46’07” EAST, A DISTANCE OF 11.25 FEET; THENCE SOUTH 2°13’53” EAST, A DISTANCE OF 7.50 FEET TO POINT OF TERMINATION “B”.

ALSO TOGETHER WITH:

BEGINNING AT SAID POINT “C”; THENCE NORTH 82°43’00” EAST, A DISTANCE OF 17.60 FEET TO POINT OF TERMINATION “C”.

ALSO TOGETHER WITH:

BEGINNING AT SAID POINT “D”; THENCE NORTH 85°04’17” EAST, A DISTANCE OF 16.56 FEET TO POINT “DD3”; THENCE NORTH 89°12’36” EAST, A DISTANCE OF 11.83 FEET; THENCE NORTH 2°05’54” EAST, A DISTANCE OF 14.49 FEET TO POINT OF TERMINATION “D”.

ALSO TOGETHER WITH:

BEGINNING AT SAID POINT “E”; THENCE SOUTH 4°48’54” EAST, A DISTANCE OF 23.63 FEET TO POINT OF TERMINATION “E”.

ALSO TOGETHER WITH:

BEGINNING AT SAID POINT “F”; THENCE NORTH 89°15’57” EAST, A DISTANCE OF 11.70 FEET TO POINT OF TERMINATION “F”.

ALSO TOGETHER WITH:

BEGINNING AT POINT “G”; THENCE NORTH 2°25’11” WEST, A DISTANCE OF 221.33 FEET TO POINT “CC”; THENCE NORTH 88°55’40” WEST, A DISTANCE OF 13.61 FEET; THENCE NORTH 0°47’20” WEST, A DISTANCE OF 37.16; THENCE NORTH 84°28’59” EAST, A DISTANCE OF 138.94 FEET TO POINT OF TERMINATION “Q”; THENCE NORTH 87°57’56” EAST, A DISTANCE OF 163.51 FEET TO THE BEGINNING OF A CURVE CONCAVE SOUTHEASTERLY, HAVING A RADIUS 50.00 FEET; THENCE CONTINUING SOUTHERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 63°40’02”, AN ARC LENGTH OF 55.56 FEET; THENCE SOUTH 28°59’04” EAST, A DISTANCE OF 1.42 FEET TO POINT “DD”; THENCE CONTINUING SOUTH 28°59’04” EAST, A DISTANCE OF 114.06 FEET; THENCE SOUTH 7°07’45” EAST, A DISTANCE OF

10.65 FEET TO POINT “EE”; THENCE NORTH 87°05’20” EAST, A DISTANCE OF 63.41 TO THE EAST LINE OF PARCEL 2 AS SHOWN ON THE MAP FILED IN BOOK 134 OF PARCEL MAPS, AT PAGE 9, SACRAMENTO COUNTY RECORDS AND POINT OF TERMINATION “G”.

ALSO TOGETHER WITH:

BEGINNING AT SAID POINT “H”; THENCE NORTH 0°22’44” EAST, A DISTANCE OF 112.34 FEET; THENCE NORTH 82°17’02” EAST, A DISTANCE OF 14.02 FEET TO POINT OF TERMINATION “H”.

ALSO TOGETHER WITH:

BEGINNING AT SAID POINT “I”; THENCE NORTH 1°15’57” EAST, A DISTANCE OF 18.37 FEET; THENCE NORTH 85°11’14” EAST, A DISTANCE OF 19.56 FEET TO POINT OF TERMINATION “I”.

ALSO TOGETHER WITH:

BEGINNING AT SAID POINT “J”; THENCE NORTH 3°24’06” WEST, A DISTANCE OF 21.89 FEET; THENCE NORTH 87°37’26” EAST, A DISTANCE OF 16.14 FEET TO POINT OF TERMINATION “J”.

JOB NO.

DRAWN
DESIGN

DATE CIVIL

STRUCTURAL

LANDSCAPE

ARCHITECTURE

SURVEYING

PLANNING

ATHLETIC FACILITY
DESIGN
EXHIBIT “A”

LEGAL DESCRIPTION

WATER LINE EASEMENT

REAL PROPERTY IN THE CITY OF SACRAMENTO, COUNTY OF SACRAMENTO, STATE OF CALIFORNIA, BEING A PORTION OF THE NORTHWEST QUARTER OF SECTION 3, TOWNSHIP 9 NORTH, RANGE 6 EAST, MOUNT DIABLO BASE AND MERIDIAN, DESCRIBED AS FOLLOWS:

15.00 FOOT WIDE STRIPS OF LAND LYING IN PARCELS 1, 2, AND 3 AS SHOWN ON THE MAP FILED IN BOOK 134 OF PARCEL MAPS, AT PAGE 9, SACRAMENTO COUNTY RECORDS, AND ALSO LYING IN PARCEL A AS SHOWN ON THE MAP FILED IN BOOK 57 OF PARCEL MAPS, AT PAGE 35, SACRAMENTO COUNTY RECORDS, AND ALSO LYING IN PARCEL 2 AS SHOWN ON THE MAP FILED IN BOOK 124 OF PARCEL MAPS, AT PAGE 9, SACRAMENTO COUNTY RECORDS, THE CENTERLINE OF SAID 15.00 FOOT WIDE STRIPS MORE PARTICULARLY DESCRIBED AS FOLLOWS:

COMMENCING AT THE SOUTHWEST CORNER OF PARCEL 3 AS SHOWN ON THE MAP FILED IN BOOK 134 OF PARCEL MAPS, AT PAGE 9, SACRAMENTO COUNTY RECORDS; THENCE ALONG THE WEST LINE OF SAID PARCEL 3 NORTH 2°18’40” WEST, A DISTANCE OF 42.50 FEET TO A POINT ON THE NORTH RIGHTOF-WAY LINE OF COYLE AVENUE; THENCE ALONG SAID NORTH RIGHT-OF-WAY LINE SOUTH 87°46’07” WEST, A DISTANCE OF 154.34 FEET TO POINT OF BEGINNING “A” AND THE TRUE POINT OF BEGINNING OF THIS DESCRIPTION; THENCE NORTH 2°13’53 WEST, A DISTANCE OF 7.50 FEET, THENCE NORTH 87°46’07” EAST, A DISTANCE OF 183.30 FEET TO POINT “B”; THENCE NORTH 2°33’44” WEST, A DISTANCE OF 7.04 FEET TO POINT “C”; THENCE NORTH 2°33’44” WEST, A DISTANCE OF 6.11 FEET TO POINT “D”; THENCE NORTH 2°33’44” WEST, A DISTANCE OF 186.43 FEET TO POINT “F”; THENCE CONTINUING NORTH 2°33’44” WEST, A DISTANCE OF 74.78 FEET; THENCE NORTH 88°35’24” EAST, A DISTANCE OF 29.77 FEET; THENCE NORTH 1°54’36” WEST, A DISTANCE OF 14.14 FEET TO POINT “G”; THENCE SOUTH 87°45’43” WEST, A DISTANCE OF 276.97 FEET TO POINT “H”; THENCE SOUTH 87°45’43” WEST, A DISTANCE OF 15.47 FEET; THENCE SOUTH 41°19’18” WEST, A DISTANCE OF 17.96 FEET, THENCE SOUTH 87°52’31” WEST, A DISTANCE OF 114.58 FEET TO POINT “I”; THENCE CONTINUING SOUTH 87°52’31” WEST, A DISTANCE OF 5.96 FEET TO POINT “J”; THENCE CONTINUING SOUTH 87°52’31” WEST, A DISTANCE OF 3.25 FEET TO POINT “K”; THENCE CONTINUING SOUTH 87°52’31” WEST, A DISTANCE OF 174.12 FEET TO POINT “L”; THENCE CONTINUING SOUTH 87°52’31” WEST, A DISTANCE OF 121.85 FEET; THENCE NORTH 2°48’32” WEST, A DISTANCE OF 92.13 FEET; THENCE SOUTH 87°57’21” WEST, A DISTANCE OF 41.65 FEET; THENCE NORTH 2°27’06” WEST, A DISTANCE OF 57.50 FEET TO POINT “M”; THENCE CONTINUING NORTH 2°27’06” WEST, A DISTANCE OF 42.20 FEET; THENCE NORTH 86°55’39” EAST, A DISTANCE OF 41.95 FEET; THENCE NORTH 0°39’00” EAST, A DISTANCE OF 27.97 FEET; THENCE NORTH 79°43’57” EAST, A DISTANCE OF 21.45 FEET; THENCE NORTH 87°15’12” EAST, A DISTANCE OF 55.18 FEET TO POINT “N”; THENCE NORTH 2°29’33” WEST, A DISTANCE OF 102.36 FEET; THENCE SOUTH 88°04’45” WEST, A DISTANCE OF 64.54 FEET TO POINT “O”; THENCE CONTINUING SOUTH 88°04’45” WEST, A DISTANCE OF 2.26 FEET TO POINT “P”; THENCE CONTINUING SOUTH 88°04’45” WEST, A DISTANCE OF 64.99 FEET; THENCE NORTH 1°58’28” WEST, A DISTANCE OF 203.92 FEET TO POINT “Q”; THENCE NORTH 3°07’02” WEST, A DISTANCE OF 28.33 FEET TO POINT “R”; THENCE CONTINUING NORTH 3°07’02” WEST, A DISTANCE OF 5.57 FEET TO POINT “S”; THENCE CONTINUING NORTH 3°07’02” WEST, A DISTANCE OF 115.39 FEET TO POINT “T”; THENCE SOUTH 87°46’55” WEST, A DISTANCE OF 24.15 FEET TO THE WEST LINE OF PARCEL 1 AS SHOWN ON THE MAP FILED IN BOOK 134 OF PARCEL MAPS, AT PAGE 9, SACRAMENTO COUNTY RECORDS AND POINT OF TERMINATION “A”.

JOB NO.

DRAWN
DESIGN

DATE CIVIL

STRUCTURAL

LANDSCAPE

ARCHITECTURE

SURVEYING

PLANNING

ATHLETIC FACILITY
DESIGN
11-19-2020
#8..
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18 CIVIL ■ STRUCTURAL ■ LANDSCAPE ARCHITECTURE ■ SURVEYING ■ PLANNING ■ ATHLETIC FACILITY DESIGN 100 Sycamore Avenue, Suite 100, Modesto, CA 95354 ■ (t) 209.762.3580 (f) 209.942.0214 ■ siegfriedeng.com EXAMPLES OF DELIVERABLES: STAKING CUT SHEETS
JOB: 15073 Car Max SURVEYOR: J. Glendenning
DATE: 4/27/22 UTILITY: Offsite FG
POINT # STAKED # HUB EL DESIGN EL CUT/FILL
5833 - 5832 61262 30.4 31.037 0.637
5833 - 5832 61263 30.559 31.18 0.621
5834 - 5833 61255 29.862 30.465 0.603
5834 - 5833 61256 30.09 30.671 0.581
5835 - 5836 61243 30.662 32.112 1.45
5837 - 5836 61258 29.367 30.526 1.159
5837 - 5836 61259 29.571 30.772 1.201
5837 - 5836 61260 29.889 31.018 1.129
5837 - 5836 61268 30.137 31.265 1.127
5837 - 5836 61269 30.268 31.511 1.243
5837 - 5836 61270 30.386 31.757 1.371
5837 - 5836 61271 30.559 31.92 1.361
5843 - 5841 61247 28.379 30.166 1.788
5843 - 5841 61248 28.335 30.283 1.947
5845 - 5846 61249 28.32 29.724 1.404
JOB: 15073 Car Max SURVEYOR: J. Glendenning
DATE: 4/27/22 UTILITY: Offsite FG
POINT # STAKED # HUB EL DESIGN EL CUT/FILL
5814 61236 27.81 28.37 0.56
5817 61231 29.233 0 -29.233
5818 61230 29.56 0 -29.56
5819 61229 29.095 29.59 0.495
5824 61224 29.473 0 -29.473
5826 61215 29.138 31.56 2.422
5827 61214 28.703 0 -28.703
5828 40900 30.722 31.7 0.978
5830 61240 31.658 32.37 0.712
5831 61241 31.614 32.29 0.676
5833 61257 30.07 30.68 0.61
5834 61238 29.561 30.26 0.699
5835 61242 30.934 32.25 1.316
5838 61239 29.726 30.31 0.584
5839 61237 29.556 30.33 0.774
5840 61253 28.748 30.19 1.442
5842 61251 28.452 30.28 1.828
5843 61245 28.368 30.05 1.682
5846 61246 28.352 30 1.648
5848 61254 28.775 30.13 1.355
5849 61252 28.64 30 1.36
5850 61250 28.546 29.81 1.264
5815 - 5814 61234 28.614 29.087 0.473
5815 - 5814 61235 28.408 28.894 0.486
5815 - 5816 61233 28.418 29.28 0.862
5816 - 5815 61232 29.001 29.37 0.369
5820 - 5821 61228 29.198 29.64 0.442
5821 - 5820 61227 28.979 29.8 0.821
5821 - 5822 61226 28.855 29.95 1.095
5822 - 5821 61225 29.352 30.19 0.837
5825 - 5826 61223 29.629 30.55 0.921
5826 - 5825 61216 29.733 31.36 1.628
5826 - 5825 61217 29.969 31.161 1.192
5826 - 5825 61218 29.813 30.961 1.148
5826 - 5825 61219 29.632 31.36 1.728
5826 - 5825 61220 29.816 31.161 1.345
5826 - 5825 61221 29.074 30.961 1.887
5826 - 5825 61222 29.189 30.762 1.572
5832 - 5831 61244 31.37 32.137 0.767
5832 - 5831 61264 31.049 31.563 0.514
5832 - 5831 61265 31.172 31.754 0.582
5832 - 5831 61266 31.273 31.945 0.672
5832 - 5831 61267 31.429 32.137 0.708
5833 - 5832 61261 30.177 30.858 0.682
#8..
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19 CIVIL ■ STRUCTURAL ■ LANDSCAPE ARCHITECTURE ■ SURVEYING ■ PLANNING ■ ATHLETIC FACILITY DESIGN 100 Sycamore Avenue, Suite 100, Modesto, CA 95354 ■ (t) 209.762.3580 (f) 209.942.0214 ■ siegfriedeng.com

ADDITIONAL INFORMATION

SIMILAR PROJECT EXPERIENCE
PROJECT NAME AND LOCATIONTopographic SurveyAerial SurveyUnderground SurveyBoundary Survey Mapping Site & Traffic ControlSurvey ControlAs-Built SurveyStakingCost EstimatingDesign ImprovementsCivil Engineering Miner Avenue Complete Streets Master Plan - Stockton, CA ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ Outfall Repair - Ripon, CA ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■
Median Master Plan & Red Hill Avenue Improvements
- San Anselmo, CA ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■
Mountain View Community Center - Mountain View, CA ■ ■ ■ ■ ■ ■ ■ ■ ■ Sanitary Sewer Rehabilitation Project - Stockton, CA ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ Tracy Animal Shelter & Paradise Road Extension - Tracy, CA ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ Measure L Sidewalk Projects - Stanislaus County, CA ■ ■ ■ ■ ■ ■ ■ Stanislaus County Corporate Yard Phase II - Stanislaus County, CA ■ ■ Crows Landing Improvements - Stanislaus County, CA ■ ■ ■ ■ ■ ■ ■ Modesto Fleet Maintenance Facility - Modesto, CA ■ ■ ■ ■ ■ ■ ■ ■ Miner Avenue PRP & Phase I Improvements - Stockton, CA ■ ■ ■ ■ ■ ■ ■ ■ ■ Mountain View Community Center - Mountain View, CA ■ ■ ■ ■ ■ ■ ■ ■ ■ City of Tracy Animal Shelter & Paradise Road Extension - Tracy, CA ■ ■ ■ ■ ■ ■ ■ ■ ■ Robertson Road Redevelopment - Stanislaus County, CA ■ ■ ■ ■ ■ ■ ■ So. Airport Way Guard Rail & Impact Attenuator Installation - Stockton, CA ■ ■ ■ ■ ■ ■ ■ San Joaquin Regional Transit District (RTD) Phase V - Stockton, CA ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ McKinley and Industrial Rail Safety - Stockton, CA ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ Rail Surveys For Five Locations - Galt, CA ■ ■ ■ ■ ■ ■ ■ Five Mile Creek Restoration - Stockton, CA ■ ■
On-Call Civil Engineering & Surveying - Palo Alto, CA ■ ■ ■ ■ ■ ■ ■ ■ ■ On-Call Surveying - Los Altos, CA ■ ■ ■ ■
Yerba Buena High School, Student Union & Quad - San Jose, CA ■ ■ ■ ■ ■ ■ ■ ■ ■ Stockton Delta Water Supply, Intake Pipeline Survey - Stockton, CA ■ ■ ■ ■ ■ ■ ■ ■ ■ 2008 - 2021 Sanitary Sewer Rehabilitation Projects - Stockton, CA ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ Del Puerto Canyon - Stanislaus County, CA ■ ■ ■ ■ ■ ■
City Waste Water Treatment Plant - Stockton, CA ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ San Joaquin Delta College, Gateway Center - Stockton, CA ■ ■ ■ ■ ■ ■ ■ ■ ■ San Joaquin Delta College, BUDD ADA Path of Travel - Stockton, CA ■ ■ ■ ■ ■ ■ ■ ■ ■ San Pablo WIC - San Pablo, CA ■ ■ ■ ■ ■ ■ ■ ■
#8..
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Siegfried delivers innovative and sustainable client-centered solutions in the areas of civil and structural engineering, surveying, planning, landscape architecture, athletic facility design,and outreach.

Every client has a unique set of needs and every project has its own challenges.

For over half a century, Siegfried has successfully turned these challenges into opportunities for clients by bringing a rare balance of creative insight and technical expertise to every project.

With over 67 years of experience designing thousands of projects, Siegfried creates functional spaces that work for our clients and their communities that are built to stand the test of time. » siegfriedeng.com

CIVIL STRUCTURAL GEOTECHNICAL SURVEY LANDSCAPE PARTNERING ATHLETICS #8..
- 518 -
CIVIL ■ STRUCTURAL ■ LANDSCAPE ARCHITECTURE ■ SURVEYING ■ PLANNING ■ ATHLETIC FACILITY DESIGN 3428 Brookside Road, Stockton, CA 95219 ■ (t) 209.943.2021 (f) 209.942.0214 ■ siegfriedeng.com DESIGN.

INNOVATION.

SUCCESS.
» siegfriedeng.com

CONTACT INFORMATION
»Stockton (corporate)
3428 Brookside Road
Stockton, CA 95219
p | 209.943.2021
f | 209.942.0214
»Sacramento
900 Howe Avenue,
Suite 200
Sacramento CA, 95825
p | 916.520.2777
»San Jose
111 North Market Street,
Suite 300
San Jose, CA 95113
p | 408.754.2021
»Modesto
100 Sycamore Avenue
Suite 100
Modesto, CA 95354
p | 209.762.3580
Siegfried Office - Stockton, CA
Professional Classification Hourly Rate
Managing Principal ................................................................................................$268 Principal ................................................................................................................$240 Senior Associate.....................................................................................................$211 Associate ...............................................................................................................$188 Project Engineer.....................................................................................................$178 Engineer II .............................................................................................................$163 Engineer I ..............................................................................................................$146 Project Landscape Architect...................................................................................$176 Landscape Architect II ...........................................................................................$152 Landscape Architect I ............................................................................................$126 Project Land Surveyor ............................................................................................$178 Surveyor II .............................................................................................................$161 Surveyor I ..............................................................................................................$142 Survey Crew, 2 Person ...........................................................................................$289 Survey Crew, 1 Person ...........................................................................................$191 Survey Party Chief..................................................................................................$217 Instrumentman ......................................................................................................$205 Chainmen/Rodman................................................................................................$142 BIM Manager.........................................................................................................$160 Senior Technician ..................................................................................................$142 Technician III .........................................................................................................$126 Technician II ..........................................................................................................$108 Technician I .............................................................................................................$93 Expert Witness .......................................................................................................$410 Clerical ....................................................................................................................$82 Reimbursable Expenses
Printing, Copying, Materials, Etc...................................................................Cost + 10% Mileage..................In accordance with Federal Standard Mileage Reimbursement Rates

CHARGE RATE SCHEDULE
Notes

1. Instrumentman and Chainmen rates apply to services requiring Prevailing Wage Rates for work performed at the job site.

2. These rates are effective 07/2022 and are subject to periodic adjustments.

Exhibit B
#8..
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CIVIL ENGINEERING LAND PLANNING LAND SURVEYING
"PROUDLY PROVIDING PROFESSIONAL CIVIL AND LAND SURVEYING SERVICES REQUEST FOR QUALIFICATIONS FOR:

CITY OF MODESTO RFQ 2022-014

LAND SURVEYING SERVICES FOR

VARIOUS CAPITAL IMPROVEMENT PROJECTS

CITY OF MODESTO - UTILITIES DEPARTMENT
ATTN: STEVEN CASTILLO, ASSISTANT ENGINEER
1010 10TH STREET, 4TH FLOOR, SUITE 4600
MODESTO, CA 95354
DATE OF PROPOSAL: JANUARY 17, 2023
#8..
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COVER LETTER
City of Modesto
Utilities Department
1010 10th Street, 4th Floor, Suite 4600
Modesto, CA 95354
Attn: Steven Castillo, Assistant Engineer
Subject: City of Modesto RFQ 2022-014 Request for Qualiϐications for Land Surveying Services for Various Capital Improvement Projects.

Mr. Steven Castillo,
NorthStar Engineering Group, Inc. sincerely appreciates this opportunity to provide our qualiϐications to the City of Modesto Utilities Department. We are conϐident that we have the qualiϐications and expertise to provide the best quality service to the City of Modesto Utilities Department. Our team offers the following beneϐits that we believe sets us apart as the best Consultant choice for this opportunity:

1. The members of our team have an average of over 30 years of experience performing the outlined tasks.

2. Dedicated project team that understands that successful projects can be correlated directly with the experience and time availability of the project manager. NorthStar employs Project Managers that provide the experience and commitment required for every project.

3. Our full line of professional services is offered at competitive and reasonable rates.

Again, NorthStar appreciates the invitation to submit to you our qualiϐications and express our interest in working with the City of Modesto Utilities Department. We hope that your careful review and consideration of our qualiϐications will assist you with selecting our team to provide Professional Land Surveying Services for the City of Modesto Utilities Department.

For all contract and administration needs please contact our Ofϐice Manager, Michelle Ellis at:

Email: [email protected]; Phone: (209)524-3525, Fax: (209) 524-3526.

Kent Hysell’s signature below is authorized to negotiate contract terms and make binding agreements.

Thank You and Best Regards,
Kent Hysell, LS6953, CFO
Email: [email protected]
620 12th Street, Modesto, CA 95354
Phone: (209) 524-3525 / Fax: (209) 524-3526
Federal Tax ID Number: 81-0572077
#8..
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Firm Experience and Qualiϐications..........................................................................................................................1 Quality Control.................................................................................................................................................................2 NorthStar Key Personnel..............................................................................................................................................3 Reference Projects..........................................................................................................................................................6 Deliverable Examples....................................................................................................................................................9 Agency/ Contractor Experience ..............................................................................................................................10 Public Agency Experience- Current On-Call Contracts with References.....................................................11 Appendix..........................................................................................................................................................................12 Table of Contents #8..
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Land Planning - At NorthStar we know there is more than one answer to planning the future. Every City has a different personality. Each City has different resources, assets, and features. Every City has a different need and our planning team understands the importance of listening. A strong
community is a place where the character, resources, and capabilities of the land and local residents are identiϐied, valued, and built upon. The professionals at NorthStar
form a team that is tailored to meet the needs of your City, strategically planning for the future with your unique vision always in mind. We tackle your complex zoning issues and offer solutions to your infrastructure dilemmas, consider your future economic climate, and establish a path to achieve your vision for a project. We formulate practical planning solutions that build strength in your community, setting it apart from all others. Our land development team delivers complete civil engineering services including commercial, residential, industrial, worship, educational, and retail ventures. Our highly experienced project managers partner with our clients to ensure the success of every project from preliminary design phases to construction. All projects are handled by expert civil engineers, CAD technicians, and designers utilizing state-ofthe-art software.

Land Surveying - NorthStar has been providing professional land surveying services since its inception. Our team members include California registered land surveyors and technicians who are experienced at performing boundary, topographic, and construction surveys. Our experienced ϐield and ofϐice staff manage a full range of projects and are consistently prepared for heavy workloads and critical deadlines. We specialize in identifying and resolving issues before they turn into problems that can cause project delays. NorthStar’s surveying services include, but are not limited to, right-ofway surveys, topographic surveys and mapping, construction staking, boundary surveys, legal descriptions and plats, ϐinal maps, parcel maps, ALTA surveys, technical support, crosstraining of agency staff, record of surveys, monumentation, and aerial control surveys.

Civil Engineering - The team of professionals at NorthStar carries extensive and impressive credentials in planning, design, permitting, and construction phase services for multiple land uses. We realize the power and ultimate value of careful research. Our knowledge base and pool of expertise is deep and plentiful. NorthStar’s public works team has extensive experience in a variety of water, wastewater, and drainage infrastructure projects that provide efϐicient systems for our communities and for the public health and safety of our residents. Additionally, we offer consulting engineering services that include capital improvements planning and budgeting, rate analysis, development review, and general day-to-day consultation in management, operations, and
maintenance. We are sensitive to the budget and timing
constraints of our communities and are committed to
cooperative efforts that meet the goals of our clients. Our public works team has the technical expertise and capabilities to design, bid, and manage this upcoming project.

FIRM DESCRIPTION
100 +
Date of Establishment
NorthStar Engineering Group, Inc.
has remained a ϐinancially strong and
viable Civil Engineering and Land
Surveying Firm that serves the central
valley for the last 20 years. NorthStar
continues to follow a diligent approach
to ϐinancial management and growth
of our company and continues to do so
throughout the current economic times.

October 14, 2002
45 Employees
Licensed
Civil Engineers
8 3
Licensed
Land Surveyors
6 28
Support
Staff

FINANICIAL STANDING
Operating Engineers Local 3 Union

AFFILIATIONS
800+

ONE OFFICE LOCATION
620 12th Street Modesto, CA 95354
NORTHSTAR ENGINEERING GROUP, INC.

Two-Man
Survey Crews
3 Working Principals
• Anthony Cannella, PE55377, President
• Kent Hysell, LS6953, CFO
• John Mensonides, Secretary
City of Modesto RFQ 22-014 Land Surveying On-Call for
Capital Improvement Projects
Firm Description

Page 1 ends

Economic Development CommitteeJune 5, 2023

Economic Development Committee
June 5, 2023