Agenda packet, first session — Modesto City Council, July 11, 2023 (part 4 of 9)

DR Horton CA3, Inc. has requested that the improvements be accepted, and the securities be released. The improvements have been completed to the satisfaction of the City Engineer, who certifies that the work has been satisfactorily completed, and all fees have been paid.

Once Council accepts the improvements, the following steps will be taken:

1. City Clerk files Notice of Completion with County Recorder.

2. City Clerk releases Warranty Security one year and one day after acceptance, if no claim is made thereon and the city approves the new improvements.

FISCAL IMPACT:

The developer, DR Horton CA3, Inc., has paid for the improvements to be constructed and provided them to the City as part of the conditions of approval for the project. The City has not funded these capital improvements; however, in accordance with governmental accounting principles, they will be accounted for as a City general fixed asset.

A Warranty security is required to guarantee and warrant subdivision improvements for a period of one (1) year following completion and acceptance thereof against any defective work done, or defective materials furnished. This security is required prior to approval of the improvements in an amount of 10% of the estimated cost of improvements to be performed. The bond in the amount of $47,257.65 is held by the City Clerk and copy is attached for reference.

COMMITTEE RECOMMENDATION:

This item is not required to be reviewed by Council Committee, because it is common practice that Final Maps, are certified by the Secretary of the Planning Commission.

CEQA/NEPA REQUIREMENTS:

This action is exempt from CEQA under Section 15268(b)(3), which exempts ministerial actions.

RECOMMENDED COUNCIL ACTION:

Staff Recommendations:

Resolution accepting the public improvements for Villa D'Este Subdivision, located east of Roselle Avenue and north of Kodiak Drive, authorizing the City Clerk to file a Notice of Completion with the Stanislaus County Recorder’s Office, and to release securities upon expiration of statuary periods.

Approved by: __________
Toby Wells, Interim Director of ESD/City Engineer
Joseph P. Lopez, City Manager
Attachments:

1. Resolution

2. Notice of Completion

3. Final Map
#13..
- 553 -
07/11/2023/Engineering/TWells/Item X 1 2023-XX

MODESTO CITY COUNCIL
RESOLUTION NO. 2023-

RESOLUTION ACCEPTING THE PUBLIC IMPROVEMENTS FOR VILLA

D'ESTE SUBDIVISION, LOCATED EAST OF ROSELLE AVENUE AND

NORTH OF KODIAK DRIVE, AUTHORIZING THE CITY CLERK TO FILE A

NOTICE OF COMPLETION WITH THE STANISLAUS COUNTY
RECORDER’S OFFICE, AND TO RELEASE SECURITIES UPON EXPIRATION

OF STATUARY PERIODS
WHEREAS, Kimberly Kuppens (“OWNER”) received approval from the City of Modesto to subdivide a tract of land consisting of 7.15 acres being subdivided into 32 residential lots and 1 remainder lot situated in the City of Modesto, known as the VILLA D'ESTE (“SUBDIVISION”); and
WHEREAS, OWNER subsequently sold the SUBDIVISION to DR Horton CA3, Inc. who completed the required PUBLIC IMPROVEMENTS; and WHEREAS, the City Engineer has verified that all required PUBLIC IMPROVEMENTS for this project have been satisfactorily completed and all inspection fees have been paid; and
WHEREAS, City crews will assume maintenance responsibilities upon acceptance of the PUBLIC IMPROVEMENTS, which includes the water main, sanitary sewer main, storm drainage facilities, landscape and irrigation, sidewalk and ADA ramps, streets, curbs and gutters, and street lights; and
WHEREAS, pursuant to the Subdivision Agreement, SUBDIVIDER has filed a Warranty Bond in the amount of $47,257.65 for VILLA D'ESTE SUBDIVISION; and WHEREAS, the developer has requested that the improvements be accepted and the securities be released; and
#13..
- 554 -
07/11/2023/Engineering/TWells/Item X 2 2023-XX
WHEREAS, the City Engineer has indicated that it would be in order for the City Council to accept said PUBLIC IMPROVEMENTS as complete and has certified that the work covered has been satisfactorily completed.

NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Modesto that the Public Improvements of Villa D'Este Subdivision located in Village One, east of Roselle Avenue and north of Kodiak Drive are hereby accepted.

The foregoing resolution was introduced at a regular meeting of the Council of the City of Modesto held on the 11th day of July, 2023, by Councilmember ?, who moved its adoption, which motion being duly seconded by Councilmember ?, was upon roll call carried and the resolution adopted by the following vote:

AYES: Councilmembers:

NOES: Councilmembers:

ABSENT: Councilmembers:

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

BY: __________________________________
JOSE M. SANCHEZ, City Attorney
#13..
- 555 -
Requested by
City of Modesto/City Clerk’s Office
Return to City of Modesto/City Clerk’s Office:

PO Box 642
Modesto CA 95353

NOTICE OF COMPLETION
NOTICE IS HEREBY GIVEN that the City of Modesto, PO Box 642, Modesto, California 95353, a municipal corporation in the County of Stanislaus, State of California, entered into an agreement dated October 27, 2020, with D.R. Horton CA3, Inc., subdivider of Villa D'Este, a tract of land consisting of 7.15 acres located east of Roselle Avenue and north of Kodiak Drive in the City of Modesto, County of Stanislaus, State of California, for the construction of the following improvements in the said subdivision:

Subdivision Public Improvements:

1. Water Mains

2. Sanitary Sewer Mains

3. Storm Drainage Facilities

6. Sidewalk and ADA ramps

7. Streets

8. Curbs and Gutters

9. Street Lights
The construction of the above improvements has been completed by the subdivider of Villa D'Este Subdivision and accepted by the Council of the City of Modesto at a regular meeting of the Council held on July 11, 2023.

CITY OF MODESTO
By
Diane Nayares-Perez, City Clerk
I certify under penalty of perjury that the foregoing is true and correct.

Date: July XX, 2023 By
Modesto, CA Diane Nayares-Perez, City Clerk
#13..
- 556 -
#13..
- 557 -
#13..
- 558 -
#13..
- 559 -
#13..
- 560 -
#13..
- 561 -
#13..
- 562 -

CITY OF MODESTO

COUNCIL AGENDA REPORT
DATE OF MEETING:

July 11, 2023
Date: July 5, 2023
TO: Mayor and City Council
THROUGH: Joseph P. Lopez, City Manager
FROM: Toby Wells, Interim Director of Engineering Services Department/City Engineer SUBJECT: Accept Woodglen Subdivision Village One and Woodglen Subdivision Village Three Improvements
CONTACT: Toby Wells, Interim Director of Engineering Services Department/City Engineer, [email protected], 209-571-5542
DESCRIPTION:

Consider accepting the Public Improvements of Woodglen Subdivision Village One and Woodglen Subdivision Village Three located at an area bounded by Pelandale Avenue, Carver Road, Bangs Avenue, and Tully Road and releasing securities upon expiration of statutory periods. (Funding Source: Not Applicable)
STRATEGIC PLAN ELEMENT:

Approval of this phase of a residential development is consistent with the City Council’s 2020- 2025 Strategic Plan, Goal D: Provide safe, efficient, and reliable infrastructure through proactive community investment, maintenance and sustainability efforts.

BACKGROUND:

The Owner, Fitzpatrick Land Development, LLC, filed an application for a Tentative Subdivision Map, referred to as “Woodglen Subdivision Map” to divide 80.8 acres within the Woodglen Specific Plan Area located an area bounded by Pelandale Avenue, Carver Road, Bangs Avenue, and Tully Road.

On June 3, 2019, by PC Resolution No. 2019-20, the Planning Commission approved the Tentative Subdivision Map to facilitate 367 single-family residential lots, two open space/storm basin lots, one park lot, and 10 landscape lots.

Fitzpatrick Land Development, LLC, the current owner of Woodglen Subdivision Village One Subdivision requested to divide 11.29 acres to create 49 single-family residential lots, 2 landscape lots, and 2.82 acres of right-of-way offered for dedication on the subject property. #14..
- 563 -
City Council, July 11, 2023
Accept Woodglen Subdivision Village One and Woodglen Subdivision Village Three Improvements

Page 2 of 3 ends

At the same time, Modesto Roselle, LLC, the owner of Woodglen Subdivision Village Three requested to divide 9.31 acres to create 49 single-family lot, 2 landscape lots, and 1.86 acres of right-of-way offered for dedication on the subject property.

On August 10, 2021, by Resolution 2021-317 (Village One) and 2021-318 (Village Three), The Woodglen Village One and Village Three Subdivision Maps were approved, and the Subdivision Agreement for each map was executed by the parties.

DISCUSSION:

The public improvements constructed for the subdivision have been completed. These improvements include water mains, sanitary sewer mains, storm drainage facilities, street trees, sidewalk and Americans with Disabilities Act (ADA) ramps, streets, curbs and gutters, as well as streetlights and other improvements in accordance with City standards and specifications as shown on the as-built improvement plans.

The developers, Fitzpatrick Land Development, LLC and Modesto Roselle, LLC, have requested that the improvements be accepted, and the securities be released. The improvements have been completed to the satisfaction of the City Engineer, who certifies the work has been satisfactorily completed, and all fees have been paid.

Once Council accepts the improvements, the following steps will need to be taken.

1. City Clerk files Notice of Completion with County Recorder.

2. City Clerk releases Performance Security immediately after filing Notice of Completion, and releases Labor & Materials Securities 60 days after filing Notice of Completion, if no claim is made thereon.

3. City Clerk releases Warranty Security one year and one day after acceptance, if no claim is made thereon and the city approves the new improvements.

FISCAL IMPACT:

The developers, Fitzpatrick Land Development, LLC and Modesto Roselle, LLC, have paid for the improvements to be constructed and provided them to the City as part of the conditions of approval for the project. The City has not funded these capital improvements; however, in accordance with governmental accounting principles, they will be accounted for as a City general fixed asset.

The following securities as required by the Modesto Municipal Code Section 4-4.605 are in place with the City Clerk’s Office:
 A Faithful Performance security is required to secure faithful performance of the improvements that have not yet been completed. This security is required in an amount of 100% of the total estimated cost of the remaining improvements to be constructed.  A Payment security is required to ensure payment of the contractor, his/her subcontractors and to persons renting equipment or furnishing labor or materials to the improvements that have not yet been completed. This security is required in an amount of 50% of the total estimated cost of the remaining improvements to be constructed.  A Warranty security is required to guarantee and warrant subdivision improvements for a period of one (1) year following completion and acceptance thereof against any defective work done, or defective materials furnished. This security is required prior to approval of #14..
- 564 -
City Council, July 11, 2023
Accept Woodglen Subdivision Village One and Woodglen Subdivision Village Three Improvements

Page 3 of 3 ends

the improvements in an amount of 10% of the estimated cost of improvements to be performed.

The securities on file with the City Clerk’s Office are based on the total Engineer’s Estimate of $1,355,807 (Village One) and $924,013 (Village Three) for the value of all improvements to be constructed for Woodglen Subdivision Village One and Woodglen Subdivision Village Three Subdivisions.

COMMITTEE RECOMMENDATION:

This item is not required to be reviewed by Council Committee, because it is common practice that Final Maps, are certified by the Secretary of the Planning Commission.

CEQA/NEPA REQUIREMENTS:

This action is exempt from CEQA under Section 15268(b)(3), which exempts ministerial actions.

RECOMMENDED COUNCIL ACTION:

Staff Recommendations:

Resolution accepting the public improvements for Woodglen Subdivision Village One Subdivision, located an area bounded by Pelandale Avenue, Carver Road, Bangs Avenue, and Tully Road, authorizing the City Clerk to file a Notice of Completion with the Stanislaus County Recorder’s Office, and to release securities upon expiration of statuary periods.

Resolution accepting the public improvements for Woodglen Subdivision Village Three Subdivision, located an area bounded by Pelandale Avenue, Carver Road, Bangs Avenue, and Tully Road, authorizing the City Clerk to file a Notice of Completion with the Stanislaus County Recorder’s Office, and to release securities upon expiration of statuary periods.

Approved by: ___________
Toby Wells, Interim Director of ESD/City Engineer
Joseph P. Lopez, City Manager
Attachments:

1. Resolutions

2. Notice of Completion

3. Woodglen Village One Final Map

4. Woodglen Village Three Final Map
#14..
- 565 -
07/11/2023/Engineering/TWells/Item X 1 2023-XX

MODESTO CITY COUNCIL
RESOLUTION NO. 2023-

RESOLUTION ACCEPTING THE PUBLIC IMPROVEMENTS FOR

WOODGLEN SUBDIVISION VILLAGE ONE SUBDIVISION, LOCATED AN

AREA BOUNDED BY PELANDALE AVENUE, CARVER ROAD, BANGS

AVENUE, AND TULLY ROAD, AUTHORIZING THE CITY CLERK TO FILE A

NOTICE OF COMPLETION WITH THE STANISLAUS COUNTY
RECORDER’S OFFICE, AND TO RELEASE SECURITIES UPON EXPIRATION

OF STATUARY PERIODS
WHEREAS, Fitzpatrick Land Development, LLC, a California limited liability company (“SUBDIVIDER”) has developed a tract of land consisting of 80.8 acres being subdivided into 367 residential lots, two open space/storm basin lots, one park lot, and ten landscape lots situated in the City of Modesto, known as the Woodglen Subdivision; and
WHEREAS, Fitzpatrick Land Development, LLC, the owner of WOODGLEN SUBDIVISION VILLAGE ONE (“SUBDIVISION”), has requested to divide 11.29 acres into 49 single-family residential lots, 2 landscape lots, and 2.82 acres of right-of-way offered for dedication; and
WHEREAS, the City Engineer has verified that all required PUBLIC IMPROVEMENTS for this project have been satisfactorily completed and all inspection fees have been paid; and
WHEREAS, City crews will assume maintenance responsibilities upon acceptance of the PUBLIC IMPROVEMENTS, which includes the water main, sanitary sewer main, storm drainage facilities, landscape and irrigation, street trees, sidewalk and ADA ramps, streets, curbs and gutters, street lights and other improvements; and #14..
- 566 -
07/11/2023/Engineering/TWells/Item X 2 2023-XX
WHEREAS, pursuant to the Subdivision Agreement, SUBDIVIDER has filed a Faithful Performance Bond in the amount of $1,355,807.20 for WOODGLEN SUBDIVISION VILLAGE ONE SUBDIVISION; and
WHEREAS, pursuant to the Subdivision Agreement, SUBDIVIDER has filed a Payment Bond in the amount of $677,903.60 for WOODGLEN SUBDIVISION VILLAGE ONE SUBDIVISION; and
WHEREAS, pursuant to the Subdivision Agreement, SUBDIVIDER has filed a Warranty Bond in the amount of $135,580.82 for WOODGLEN SUBDIVISION VILLAGE ONE SUBDIVISION; and
WHEREAS, the developer has requested that the improvements be accepted and the securities be released; and
WHEREAS, the City Engineer has indicated that it would be in order for the City Council to accept said PUBLIC IMPROVEMENTS as complete and has certified that the work covered has been satisfactorily completed.

NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Modesto that the PUBLIC IMPROVEMENTS for Woodglen Subdivision Village One Subdivision, located an area bounded by Pelandale Avenue, Carver Road, Bangs Avenue and Tully Road, constructed by the SUBDIVIDER are hereby accepted.

BE IT FURTHER RESOLVED that the City Clerk is hereby authorized to file a Notice of Completion with the Stanislaus County Recorder’s Office and release the securities upon expiration of statuary periods.
#14..
- 567 -
07/11/2023/Engineering/TWells/Item X 3 2023-XX
The foregoing resolution was introduced at a regular meeting of the Council of the City of Modesto held on the 11th day of July, 2023, by Councilmember ?, who moved its adoption, which motion being duly seconded by Councilmember ?, was upon roll call carried and the resolution adopted by the following vote:

AYES: Councilmembers:

NOES: Councilmembers:

ABSENT: Councilmembers:

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

BY: __________________________________
JOSE M. SANCHEZ, City Attorney
#14..
- 568 -
07/11/2023/Engineering/TWells/Item X 1 2023-XX

MODESTO CITY COUNCIL
RESOLUTION NO. 2023-

RESOLUTION ACCEPTING THE PUBLIC IMPROVEMENTS FOR

WOODGLEN SUBDIVISION VILLAGE THREE SUBDIVISION, LOCATED AN

AREA BOUNDED BY PELANDALE AVENUE, CARVER ROAD, BANGS

AVENUE, AND TULLY ROAD, AUTHORIZING THE CITY CLERK TO FILE A

NOTICE OF COMPLETION WITH THE STANISLAUS COUNTY
RECORDER’S OFFICE, AND TO RELEASE SECURITIES UPON EXPIRATION

OF STATUARY PERIODS
WHEREAS, Modesto Roselle, LLC, a California limited liability company (“SUBDIVIDER”), is the subdivider of a tract of land consisting of 80.8 acres being subdivided into 367 residential lots, two open space/storm basin lots, one park lot, and ten landscape lots situated in the City of Modesto, known as the Woodglen Subdivision; and
WHEREAS, Modesto Roselle, LLC, the owner of WOODGLEN SUBDIVISION VILLAGE THREE (“SUBDIVISION”), has requested to divide 9.31 acres into 49 single-family residential lots, 2 landscape lots, and 1.86 acres of right-of-way offered for dedication; and
WHEREAS, the City Engineer has verified that all required PUBLIC IMPROVEMENTS for this project have been satisfactorily completed and all inspection fees have been paid; and
WHEREAS, City crews will assume maintenance responsibilities upon acceptance of the PUBLIC IMPROVEMENTS, which includes the water main, sanitary sewer main, storm drainage facilities, landscape and irrigation, street trees, sidewalk and ADA ramps, streets, curbs and gutters, street lights and other improvements; and #14..
- 569 -
07/11/2023/Engineering/TWells/Item X 2 2023-XX
WHEREAS, pursuant to the Subdivision Agreement, SUBDIVIDER has filed a Faithful Performance Bond in the amount of $924,012.65 for WOODGLEN SUBDIVISION VILLAGE THREE SUBDIVISION; and
WHEREAS, pursuant to the Subdivision Agreement, SUBDIVIDER has filed a Payment Bond in the amount of $462,006.33 for WOODGLEN SUBDIVISION VILLAGE THREE SUBDIVISION; and
WHEREAS, pursuant to the Subdivision Agreement, SUBDIVIDER has filed a Warranty Bond in the amount of $92,401.27 for WOODGLEN SUBDIVISION VILLAGE THREE SUBDIVISION; and
WHEREAS, the SUBDIVIDER has requested that the improvements be accepted and the securities be released; and
WHEREAS, the City Engineer has indicated that it would be in order for the City Council to accept said PUBLIC IMPROVEMENTS as complete and has certified that the work covered has been satisfactorily completed.

NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Modesto that the PUBLIC IMPROVEMENTS for Woodglen Subdivision Village Three Subdivision, located an area bounded by Pelandale Avenue, Carver Road, Bangs Avenue and Tully Road, constructed by the SUBDIVIDER are hereby accepted.

BE IT FURTHER RESOLVED that the City Clerk is hereby authorized to file a Notice of Completion with the Stanislaus County Recorder’s Office and release the securities upon expiration of statuary periods.
#14..
- 570 -
07/11/2023/Engineering/TWells/Item X 3 2023-XX
The foregoing resolution was introduced at a regular meeting of the Council of the City of Modesto held on the 11th day of July, 2023, by Councilmember ?, who moved its adoption, which motion being duly seconded by Councilmember ?, was upon roll call carried and the resolution adopted by the following vote:

AYES: Councilmembers:

NOES: Councilmembers:

ABSENT: Councilmembers:

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

BY: __________________________________
JOSE M. SANCHEZ, City Attorney
#14..
- 571 -
Requested by
City of Modesto/City Clerk’s Office
Return to City of Modesto/City Clerk’s Office:

PO Box 642
Modesto CA 95353

NOTICE OF COMPLETION
NOTICE IS HEREBY GIVEN that the City of Modesto, PO Box 642, Modesto, California 95353, a municipal corporation in the County of Stanislaus, State of California, entered into an agreement dated August 10, 2021, with The Fitzpatrick Company, subdivider of Woodglen Subdivision Village One, a tract of land consisting of 11.29 acres located at an area bounded by Pelandale Avenue, Carver Road, Bangs Avenue, and Tully Road in the City of Modesto, County of Stanislaus, State of California, for the construction of the following improvements in the said subdivision:

Subdivision Public Improvements:

1. Water Mains

2. Sanitary Sewer Mains

3. Storm Drainage Facilities

4. Landscape and Irrigation

5. Street Trees

6. Sidewalk and ADA ramps

7. Streets

8. Curbs and Gutters

9. Street Lights
The construction of the above improvements was actually completed by the subdivider of Woodglen Subdivision and accepted by the Council of the City of Modesto at a regular meeting of the Council held on July 11, 2023.

CITY OF MODESTO
By
Diane Nayares-Perez, City Clerk
I certify under penalty of perjury that the foregoing is true and correct.

Date: July XX, 2023 By
Modesto, CA Diane Nayares-Perez, City Clerk
#14..
- 572 -
Requested by
City of Modesto/City Clerk’s Office
Return to City of Modesto/City Clerk’s Office:

PO Box 642
Modesto CA 95353

NOTICE OF COMPLETION
NOTICE IS HEREBY GIVEN that the City of Modesto, PO Box 642, Modesto, California 95353, a municipal corporation in the County of Stanislaus, State of California, entered into an agreement dated August 10, 2021, with Modesto Roselle, LLC, 1701 W March Lane, Suite D, Stockton, CA 95207, subdivider of Woodglen Subdivision Village Three, a tract of land consisting of 9.31acres located at an area bounded by Pelandale Avenue, Carver Road, Bangs Avenue, and Tully Road in the City of Modesto, County of Stanislaus, State of California, for the construction of the following improvements in the said subdivision:

Subdivision Public Improvements:

1. Water Mains

2. Sanitary Sewer Mains

3. Storm Drainage Facilities

4. Landscape and Irrigation

5. Street Trees

6. Sidewalk and ADA ramps

7. Streets

8. Curbs and Gutters

CITY OF MODESTO
By
Diane Nayares-Perez, City Clerk
I certify under penalty of perjury that the foregoing is true and correct.

Date: July XX, 2023 By
Modesto, CA Diane Nayares-Perez, City Clerk
#14..
- 573 -

BANGS AVENUE

CARVER ROAD
BEING A DIVISION OF PARCEL "1" AS SHOWN ON THAT

MAP FILED IN THE OFFICE OF THE RECORDER OF THE
COUNTY OF STANISLAUS IN BOOK 58 OF PARCEL MAPS
AT PAGE 30, LYING WITHIN THE SOUTH HALF OF
SECTION 6, T. 3 S., R. 9 E., M.D.M.

CITY OF MODESTO, COUNTY OF STANISLAUS,

STATE OF CALIFORNIA
APRIL, 2021
14 15
13 12
11 10
9 8
7 6
5 43
21 22
2120
19 18 17 16
26 25
24 23
272829
30 31
32 33 34
3536
37 38
39 40 41 42
434445
464748
49 LOT G
LOT F
DETAIL "A"
CITY OF MODESTO TSM 18-002
B
L
O
C
K
1 4
5 2
8 BLOCK
14528
B
L
O
C
K
1 4
5 2
9 B
L
O
C
K
1 4
5 3
0 B
L
O
C
K
1 4
5 3
1 #14..
- 574 -
#14..
- 575 -

CITY OF MODESTO

COUNCIL AGENDA REPORT
DATE OF MEETING:

July 11, 2023
Date: June 20, 2023
TO: Mayor and City Council
THROUGH: Joseph P. Lopez, City Manager
FROM: Toby Wells, Interim Director of Engineering Services Department/City Engineer SUBJECT: Amended and Restated Measure L Regional Control Cooperative Agreement with Stanislaus Council of Governments for Standiford Avenue at State Route 99 Interchange Improvement Project
CONTACT: Toby Wells, Interim Director of Engineering Services Department/City Engineer, [email protected], 209-571-5542
DESCRIPTION:

Capital Facilities Fees (CFF) and Regional Measure L funds) STRATEGIC PLAN ELEMENT:

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

BACKGROUND:

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

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

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

Interchange reconstruction and roadway realignment will be further frustrated by the presence #15..
- 576 -
Council Meeting, July 11, 2023
Amended and Restated Measure L Regional Control Cooperative Agreement with Stanislaus Council of Governments for Standiford Avenue at State Route 99 Interchange Improvement Project

Page 2 of 4 ends

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

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

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

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

On April 4, 2023, by Resolution No. 2023-128, Council approved a Design Services Agreement with WMH Corporation for the Standiford Avenue at State Route 99 Interchange Improvement Project in the amount of $6,450,665, plus $645,066 for additional services, if needed, for a total amount not to exceed $7,095,731.

DISCUSSION:

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

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

The PID is a technical engineering report that documents the scope, cost, and schedule of a project. The PID is the product of the project scoping effort, becomes the record of the purposeand-need for the project, and it defines the approach that will be taken to meet or reduce transportation deficiencies. The PID is a record of the existing information, initial assumptions, identified risks, and constraints that generated the development of the project work plan. The PID is used to obtain approval for inclusion of a project into a programming document or to get conceptual approval by Caltrans as a project-funded-by-others.

Caltrans requires development of a PID prior to approval to begin the environmental project phase or the Project Approval and Environmental Document (PAED) phase. The PAED phase #15..
- 577 -
Council Meeting, July 11, 2023
Amended and Restated Measure L Regional Control Cooperative Agreement with Stanislaus Council of Governments for Standiford Avenue at State Route 99 Interchange Improvement Project

Page 3 of 4 ends

develops and establishes the State and Federal approvals necessary for the project to move to the final and Plans, Specifications and Estimate (PS&E) project phase. Approval of the PID, PAED, and PS&E phases are all milestone events that provide the basis for funding of subsequent phases concluding with the construction phase.

Current Schedule (approximate): Date:

Project Initiation Document September 2023
PAED (Mitigated Negative Declaration) October 2025
PAED (Environmental Impact Report and Statement) April 2026 The PS&E and final project construction schedule will be determined after completion of the PAED process.

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

The StanCOG Policy Board considered and approved the Amended and Restated Cooperative Agreement on June 21.

Staff recommends approval of the Amended and Restated Cooperative Agreement with StanCOG that provides for full funding of this phase of the project and updates the scheduled reimbursements consistent with the current project timeline.

FISCAL IMPACT:

This Project is included in the City’s Capital Facilities Fee (CFF) program. It is also included in the Measure L Strategic Plan managed by StanCOG. These initial phases of the project are supported by a combination of funding from both Measure L and CFF. The Project #101182 currently has $6,000,000 of CFF funds budgeted and $1,098,000 via Measure L Cooperative Agreement for the initial phase of work. The expenses for this project will be tracked in Oracle Project #101182 – Standiford SR-99 Interchange. The CFF program includes $16,936,923 for the Standiford/Beckwith Interchange at SR-99.
#15..
- 578 -
Council Meeting, July 11, 2023
Amended and Restated Measure L Regional Control Cooperative Agreement with Stanislaus Council of Governments for Standiford Avenue at State Route 99 Interchange Improvement Project

Page 4 of 4 ends

COMMITTEE RECOMMENDATION:

This item was reviewed by the Economic Development committee on June 5, 2023 and approved to move forward to Council.

RECOMMENDED COUNCIL ACTION:

Staff Recommendations:

Resolution approving the Amended and Restated Measure L Regional Control Project Cooperative Agreement with Stanislaus Council of Governments (StanCOG) for the Project Initiation Document (PID) and Project Approval and Environmental Document (PAED) Phases of the Standiford Avenue at State Route 99 Interchange Improvement Project and authorizing the City Manager, or his designee, to execute the Agreement.

Approved by:

Toby Wells, Interim Director of Engineering
Services Department/City Engineer
Joseph P. Lopez, City Manager
Attachments:

1. Resolution

2. Amended and Restated Measure L Cooperative Agreement #15..
- 579 -
7/11/23/Engineering/TWell/Item X 1 2023-XX

MODESTO CITY COUNCIL
RESOLUTION NO. 2023-

RESOLUTION APPROVING THE AMENDED AND RESTATED MEASURE L

REGIONAL CONTROL PROJECT COOPERATIVE AGREEMENT WITH

STANISLAUS COUNCIL OF GOVERNMENTS (STANCOG) FOR THE

PROJECT INITIATION DOCUMENT (PID) AND PROJECT APPROVAL AND

ENVIRONMENTAL DOCUMENT (PAED) PHASES OF THE STANDIFORD
AVENUE AT STATE ROUTE 99 INTERCHANGE IMPROVEMENT PROJECT

AND AUTHORIZING THE CITY MANAGER, OR HIS DESIGNEE, TO

EXECUTE THE AGREEMENT
WHEREAS, the State Route 99/Standiford Interchange Project (Project) has been constructed incrementally in response to changing demands and available funding over time; and
WHEREAS, the purpose of this Project is to reduce traffic congestion, improve regional and interregional traffic operation, and enhance safety on the SR99 highway and within the vicinity of the local transportation network of the SR99/Standiford Avenue interchange through reconstruction; and
WHEREAS, the first phase of the Project is termed Project Initiation Document (PID) phase and the Project Approval and Environmental Documentation (PAED); and WHEREAS, the outcome of the project initiation process is a document that establishes a well-defined purposes-and-need statement, proposed project scope tied to a reliable cost estimate, and a schedule; and
WHEREAS, the Department of Transportation (Caltrans) requires development of a PID prior to approval to being the environmental project phase or PAED; and WHEREAS, the Project Approval and Environmental Document (PAED) phase develops and establishes the State and Federal approvals necessary for the Project to move to the final PS&E project phase; and
#15..
- 580 -
7/11/23/Engineering/TWell/Item X 2 2023-XX
WHEREAS, Stanislaus Council of Governments (StanCOG) is the designated Regional Transportation Planning Agency (RTPA), the designated Metropolitan Planning Organization (MPO) and the designated Council of Governments for Stanislaus County; and
WHEREAS, in November, 2016 Stanislaus County voters approved Measure L, a 25-year, ½ cent sales tax to maintain and improve transportation systems; and WHEREAS, the Measure L Strategic Plan designates the Project as a priority project for delivery in Measure L’s first 10 years; and WHEREAS, the 2019 Strategic Plan Update designated this project to receive up to $7,141,000 of regional Measure L funds over the next several years; and WHEREAS, StanCOG has agreed to provide funding for the PAED and PID phase of the Project in accordance with the terms and conditions set forth in the Agreement between the City and StanCOG, attached hereto; and WHEREAS, StanCOG’s Policy Board approved the original Agreement on June 17, 2020 with an end date of July 2023; and
WHEREAS, the Amended and Restated Measure L Regional Control Project Cooperative Agreement has been created to update the terms and conditions for delivery of the project; and
WHEREAS, the StanCOG’s Policy Board approved Amended and Restated Measure L Regional Control Project Cooperative Agreement on June 21, 2023.

NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Modesto that it hereby approves the Amended and Restated Measure L Regional Control Project Cooperative Agreement with Stanislaus Council of Governments (StanCOG) for the #15..
- 581 -
7/11/23/Engineering/TWell/Item X 3 2023-XX
Project Initiation Document (PID) and Project Approval and Environmental Document (PAED) Phases of the Standiford Avenue at State Route 99 Interchange Improvement Project.

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

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

BY: ____________________________________
JOSE M. SANCHEZ, City Attorney
#15..
- 582 -
1 FINAL Amended and Restated Measure L Cooperative Agreement: Standiford PID and PAED

AMENDED AND RESTATED

MEASURE L

REGIONAL CONTROL PROJECT COOPERATIVE AGREEMENT FOR

THE PROJECT INITIATION DOCUMENT (PID) AND PROJECT

APPROVAL AND ENVIRONMENTAL DOCUMENT (PA&ED) PHASES
OF THE STANDIFORD AT STATE ROUTE 99 (SR 99) INTERCHANGE

RECONSTRUCTION PROJECT CITY OF MODESTO
This Amended and Restated Cooperative Agreement ("Agreement") is made and entered into on June ____, 2023 by and between the CITY OF MODESTO ("Sponsor") and the STANISLAUS COUNCIL OF GOVERNMENTS, acting as the Local Transportation Authority ("Authority").

RECITALS
A. WHEREAS, Authority and Sponsor entered into a Cooperative Agreement, dated September 1, 2020 (“2020 Agreement”), for funding of the Project Initiation Document (PID) and Project Approval and Environmental Document (PA&ED) and for associated support services described in Exhibit "A", attached hereto and incorporated herein, pursuant to the authority provided by Measure "L" Local Roads First Transportation Funding Measure Ordinance and Expenditure Plan ("Measure L"), which was approved by the voters of Stanislaus County on November 8, 2016; and
B. WHEREAS, Sponsor desires to receive funding from the Authority for the PID arid PA&ED Phases of the transportation improvement project entitled "Standiford at State Route 99 (SR 99) Interchange Reconstruction Project", the PID and PA&ED phases of which are described in Exhibit "A", and are referred to respectively herein as the "PID" and "PA&ED" phases and collectively the "Project"; and
C. WHEREAS, the Project is an eligible project of the Regional Control category of Measure L; and
D. WHEREAS, the Project is identified in the 2022 Measure L Strategic Plan Update; and
E. WHEREAS, the Authority is authorized to issue Measure L funds to the Sponsor; and
F. WHEREAS, Authority shall issue Measure L reimbursement payments as provided in Section 2.1 to the Sponsor pursuant to a request for reimbursement submitted by #15..
- 583 -
2 FINAL Amended and Restated Measure L Cooperative Agreement: Standiford PID and PAED the Sponsor; however, the Sponsor understands that in no event shall reimbursement payments for eligible expenses under this Agreement, when aggregated with the previously approved reimbursement requests, exceed the amount identified in Section 2.1.; and G. WHEREAS, any cost savings which result in less than Reimbursable Amount, defined below, being spent on the Project will be retained by the Authority and may be reprogrammed for other Measure L eligible projects; and H. WHEREAS, the Sponsor agrees to abide by the terms and conditions of the Authority as set forth herein for the receipt of Measure L funds; and I. WHEREAS, Authority agrees to provide funding for the transportation improvements of the Sponsor's Project according to the terms and conditions set forth herein; and
J. WHEREAS, the Authority and Sponsor desire to amend and restate the 2020 Agreement to extend the timeline for Project completion.

K. WHEREAS, the Parties desire that this Agreement, as set forth in Section 3.7, will amend, restate, supersede and replace in its entirety the 2020 Agreement.

NOW, THEREFORE, in consideration of the mutual promises and undertakings herein made and the mutual benefits to be derived therefrom, the parties hereto represent, covenant and agree as follows:

AGREEMENT

SECTION I
Covenants of Sponsor

1.1. Project Application. The complete Project description, scope of work, delivery schedule, estimate of cost by activity, anticipated amount and type of funds that will supplement Measure L funds, and the anticipated timing for release of Measure L funds are specified in the application, which is attached as Exhibit "A," and incorporated herein by this reference.

1.2. Change In Project Scope. A change in the Project scope as described in Exhibit "A" may not be implemented until it has been approved in writing by the Authority. Changes in scope implemented prior to Authority approval will not be eligible for reimbursement and in no event will a change in scope result in the Authority reimbursing more than $1,098,000 (“Reimbursable Amount”).
#15..
- 584 -
3 FINAL Amended and Restated Measure L Cooperative Agreement: Standiford PID and PAED

1.3. Eligible Reimbursement Costs. Eligible reimbursement costs are the costs as specified in Exhibit "A" or as may be approved from time to time by the Authority pursuant to Section 1.2. In no event shall expenses incurred by Sponsor prior to the execution of this Agreement be considered eligible reimbursement costs.

1.4. Invoices and Progress Repmts. Starting one month after the execution of this Agreement, Sponsor will submit monthly progress reports and invoices for activities conducted over the prior unbilled month. These documents will include the following specified information:

1.4.1. Invoices. Sponsor will provide the Authority with one (1) copy of all invoices submitted to Sponsor by every contractor, subcontractor, consultant, or subconsultant performing work related to the Project, timecards reflecting hours invoiced for reimbursement by Sponsor's employees and staff, and invoices supporting direct expenses billed to project by Sponsor.

1.4.2. Progress Reports. The monthly progress reports will include a brief description of the status of the Project including the work completed to date. This summary may be included on the invoices submitted to the Authority or be attached to those invoices.

1.5. Use of Funds. Sponsor will use existing Measure L funds consistent with the Project scope of work described in Exhibit "A" or approved by the Authority pursuant to Section 1.2. Sponsor shall encumber the funds no later than the Project schedule as listed in Exhibit "A." Sponsor may submit extension requests which will be considered and evaluated by Authority.

1.6. Submittal of Documents. Sponsor will provide copies to the Authority of all executed contracts which relate to the Project scope as described in Exhibit "A" or approved by the Authority pursuant to Section 1.2. Sponsor will retain records pertaining to the Project for a five (5) year period following completion of the Project.

1.7. Completion of Project. Sponsor will be responsible for the timely completion of the Project, including meeting any timely use of funds deadlines, if applicable, set forth in Exhibit "A" and provide management of consultant and contractor activities, including responsibility for schedule, budget and oversight of the services, consistent with the scope of work. Since Sponsor is responsible for the Project management and oversight, any and all costs which exceed the Reimbursable Amount, as set forth in Exhibit "A" shall be the sole responsibility of Sponsor. This provision shall apply in all instances, including situations where a change in scope has been approved by the Authority pursuant to Section 1.2.

1.7.1. Letter of PID and PA&ED Completion. Sponsor will submit to Authority a "Letter of PID and PA&ED Completion" which includes final costs of the PID #15..
- 585 -
4 FINAL Amended and Restated Measure L Cooperative Agreement: Standiford PID and PAED and PA&ED Phases. This letter shall accompany the final invoice for payment from the Authority to Sponsor and will act as notice of account closing by Authority for the PID and PA&ED Phases of the Project.

1.8. Cost Savings and Excess Costs.

1.8.1. Cost Savings. After payment of the final invoice by the Authority, any positive difference between the cost, as listed in Exhibit "A" or approved by the Authority pursuant to Section 1.2, and the total amount invoiced to the Authority shall be considered cost savings. One Hundred Percent (100%) of the cost savings will be re-credited to the Measure L program for re-programming by the Authority on other eligible projects.

1.8.2. Excess Costs. In the event the actual Project cost exceeds the estimate shown in Exhibit "A," this amount will be considered an excess cost. Sponsor is solely responsible for all costs over the amount identified in Section 1.2.

1.8.3. Reconciliation of Excess Costs. Excess project costs to complete a project are not eligible for reimbursement. The amount of Measure L funds as identified in Section

1.2 are the 'maximum' funds available for reimbursement to the Sponsor and will not be exceeded by the Sponsor without an approved amendment to this Agreement. The Sponsor shall request an amendment if needed for this purpose in writing to the Authority. Such amended Agreement shall be effective only if approved by the governing body of and signed by the duly authorized representatives of both the Authority and the Sponsor.

1.9. Errors and Omissions. Sponsor shall diligently monitor and manage all aspects of the Project and shall aggressively pursue any and all remedies, including full restitution and damages from any consultant, contractor or sub-contractor and their insureds and sureties suspected of any acts, errors, or omissions committed during business activities that economically or legally damage the Project.

SECTION II
Covenants of Authority

2.1. Reimbursement Payments. The Authority shall make reimbursement payments to Sponsor for eligible Project costs as specified in Exhibit "A". To receive monthly reimbursement payments for work completed on the Project, Sponsor shall comply with the following reimbursement procedures: ·

2.1.1. Deadline to Submit Reimbursement Requests. All invoices and progress repmts shall be submitted to Authority on or before 5:00 p.m. on the tenth (10th) calendar day of the month in which the Sponsor requests reimbursement payments. Copies of invoices must be complete and legible, or the Reimbursement Request will be returned. #15..
- 586 -
5 FINAL Amended and Restated Measure L Cooperative Agreement: Standiford PID and PAED Reimbursement requests should be accompanied by a cover letter stating the time period for which reimbursement is requested, name of the project, total amount requested and contact name and telephone number. Authority shall issue reimbursement payments to Sponsor on or before the last day of the month for all timely submittals. Invoices are deemed ineligible without the accompanying progress reports. The Authority reserves the right to stop reimbursement payments of invoices without progress reports.

2.1.2. Late Submittals. If Sponsor fails to submit documents to Authority as set forth in Section 2.1.1, above, then Authority may provide reimbursement payments for late submittals in the following calendar month.

2.1.3. Ineligible Costs. The Authority reserves the right to adjust current or future reimbursement payments to Sponsor if an invoice includes ineligible costs. Measure L funds will not be used to reimburse costs if funding sources, other than Measure L, have been secured, granted, committed or provided to fund that specific cost or element as such costs are deemed ineligible costs.

2.1.4. Reimbursement Amount. The amount of reimbursement payments to Sponsor shall not exceed the Reimbursable Amount of eligible expenditures submitted to the Authority as specified in Exhibit "A". All reimbursements will be made subject to available Measure L program cash-flow. Reimbursement of expenditures may be spread over three fiscal years consistent with the adopted Measure L Strategic Plan.

2.1.5. Suspension of Reimbursement. If the Authority determines that any costs in an invoice are not allowable, or the lack of supporting documentation or progress reports, the Authority shall return the invoice to Sponsor, with an invoice dispute notice outlining the reason for the return and the proposed remedy, if one exists, which would make the invoice acceptable for payment. Sponsor may re-submit the invoice for payment after reviewing the invoice dispute notice and making any necessary corrections. Sponsor may also immediately submit a new invoice representing only the amounts which are not in dispute, while setting aside the disputed amounts for review in accordance with the provisions set forth in this Section 2.1.

2.1.5.1. Meeting. Once a dispute has occorred, the Authority shall arrange a meeting between the Authority and the Sponsor staff to discuss and attempt to resolve the dispute. If the invoice was received on or before 5:00 p.m. on the 10th day of the month, the meeting shall be held no later than the 20th day of the same month. If the invoice was received after this date and time, then the meeting shall be held no later than the 20th day of the following month.

2.1.5.2. Executive Committee. If an agreement cannot be reached at the meeting, then the Sponsor or the Authority shall have the option to take the dispute to the #15..
- 587 -
6 FINAL Amended and Restated Measure L Cooperative Agreement: Standiford PID and PAED Authority's Executive Committee, with the understanding that by doing so the reimbursement for the disputed cost item(s) will be delayed until a resolution of the matter is reached.

2.1.5.3. Authority's Board Decision. If the Sponsor or the Authority disagrees with the resolution by the Executive Committee then the dispute shall be submitted to the Authority's Board for resolution. If the Board determines that the disputed cost item(s) is ineligible, the Authority shall not provide reimbursement payment to the Sponsor for the disputed item(s). If the Board determines that the disputed cost item(s) is eligible, then the Authority shall provide reimbursement payment to the Sponsor for the disputed cost.

2.1.5.4. Reservation of Rights. By utilizing the above procedures, the Sponsor does not surrender any rights to pursue available legal remedies if the Sponsor disagrees with the Board decision.

2.1.5.5. Acceptance of Work Does Not Result In Waiver. Neither acceptance of the work nor issuance of reimbursement payments will result in a waiver of the right of the Authority to require fulfillment of all terms of this Agreement.

2.2. Right to Conduct Audit. The Authority shall have the right to conduct an audit of all Sponsors' records pertaining to the Project at any time during the course of the Project and up to a five (5) year period after completion of the Project. For purposes of audit, the date of completion of the Agreement shall be the date of the Authority's payment of Sponsor's final billing (so noted on the invoice) under this Agreement. This audit provision shall extend to and/or be included in contracts with Sponsor's contractors.

2.3. Maximum Obligation. Authority's maximum obligation for all costs under this Agreement shall not exceed One Million Ninety-Eight Thousand Dollars ($1,098,000.00), unless such maximum obligation is increased by an amendment to this Agreement. The parties agree that Measure L funds shall not be used for reimbursement of expenses incurred by the Sponsor for the Project that are not covered by this Agreement.

SECTION III
Mutual Covenants

3.1. This Agreement shall remain in effect until discharged or terminated as provided in Section 3.2 or Section 3.15.

3.2. Discharge. This Agreement shall be subject to discharge as follows:

3.2.1.Termination by Mutual Consent. This Agreement may be terminated at any time only by mutual consent of the parties.
#15..
- 588 -
7 FINAL Amended and Restated Measure L Cooperative Agreement: Standiford PID and PAED

3.2.2.Discharge Upon Completion of Project. Except as to any rights or obligations which survive discharge as specified in Section 3.15, this Agreement shall be discharged, and the parties shall have no further obligation to each other, upon completion of the Project and payment of the final invoice by the Authority.

3.3. Indemnity. It is mutually understood and agreed, relative to the reciprocal indemnification of Authority and Sponsor:

3.3.1. Sponsor shall fully defend, indemnify and hold harmless Authority, and any officer or employee of Authority, against any damage or liability occurring by reason of anything done or omitted to be done by Sponsor under the Agreement. It is also fully understood and agreed that, pursuant to Government Code Section 895.4, Sponsor shall fully defend, indemnify and hold the Authority harmless from any liability imposed for injury as defined by Government Code Section 810.8 occurring by reason of anything done or omitted to be done by Sponsor under this Agreement or in connection with any work, authority, or jurisdiction delegated to Sponsor under this Agreement.

3.3.2. Authority shall fully defend, indemnify and hold harmless Sponsor, and any officer or employee of Sponsor, against any damage or liability occurring by reason of anything done or omitted to be done by Authority under or in connection with any work, authority or jurisdiction delegated to Authority under the Agreement. It is also understood and agreed that, pursuant to Government Code Section 895.4, Authority shall fully defend, indemnify and hold the Sponsor harmless from any liability imposed for injury as defined by Government Code Section 810.8 occurring by reason of anything done or omitted to be done by Authority under this Agreement or in connection with any work, authority, or jurisdiction delegated to Authority under this Agreement.

Nor shall the Authority be liable for any loss, cost, liability, damage, claim, lien, action, cause of action, demand or expense which may arise as a result of Authority's provision of funds which may be utilized in, but not limited to the acquisition of, the design, implementation, or construction of the Project herein described.

3.5. Notices. Any notice which may be required under this Agreement shall be in writing and shall be given by personal service, or by certified or registered mail, return receipt requested, to the addresses set forth below:
#15..
- 589 -
8 FINAL Amended and Restated Measure L Cooperative Agreement: Standiford PID and PAED TO AUTHORITY:
1111 "I" Street, Suite 308
Modesto, CA 95354
Attention: Executive Director

TO SPONSOR
P.O. Box 642
Modesto, CA 95353
Attention: Joseph Lopez, City Manager
Either party may change its address by giving notice of such change to the other party in the manner provided in this Section 3.5. All notices and other communications shall be deemed communicated as of actual receipt or after the second business day after deposit in the United States mail.

3.6. Additional Acts and Documents. Each party agrees to do all such things and take all such actions, and to make, execute and deliver such other documents and instruments, as shall be reasonably requested to carry out the provisions, intent and purpose of the Agreement.

3.7. Amended and Restated Agreement. This Agreement amends, restates, supersedes and replaces in its entirety the 2020 Agreement.

3.8. Integration. This Agreement represents the entire Agreement of the parties with respect to the subject matter hereof. No representations, warranties, inducements or oral agreements have been made by any of the parties except as expressly set forth herein, or in other contemporaneous written agreements.

3.9. Amendment. This Agreement may not be changed, modified or rescinded except in writing, signed by all parties hereto, and any attempt at oral modification of this Agreement shall be void and of no effect.

3.10. Independent Agency. Sponsor and Authority renders services under this Agreement each as an independent agency under the terms of this Agreement. None of the Sponsor's agents or employees shall be agents or employees of the Authority and none of the Authority's agents or employees shall be agents or employees of Sponsor.

3.11. Assignment. The Agreement may not be assigned, transferred, hypothecated, or pledged by any party without the express written consent of the other party.

3.12. Binding on Successors. This Agreement shall be binding upon the successor(s), assignee(s) or transferee(s) of the Authority or Sponsor, as the case may be. This provision shall not be construed as an authorization to assign, transfer, hypothecate or pledge this Agreement other than as provided above.

3.13. Severability. Should any part of this Agreement be determined to be unenforceable, invalid, or beyond the authority of either party to enter into or carry out, such #15..
- 590 -
9 FINAL Amended and Restated Measure L Cooperative Agreement: Standiford PID and PAED determination shall not affect the validity of the remainder of this Agreement which shall continue in full force and effect; provided that, the remainder of this Agreement can, absent the excised pmtion, be reasonably inte1preted to give effect to the intentions of the parties.

3.14. Counterparts. This Agreement may be executed in one or more counterparts and shall become effective when one or more counterparts have been signed by all of the parties; each counterpart shall be deemed an original but all counterparts shall constitute a single document.

3.15. Survival. The following provisions in this Agreement shall survive discharge:

3.15.1.Sponsor. As to Sponsor, the following sections shall survive discharge: Section 1.5 (obligation to apply funds to Project), Section 1.6 (obligation to provide copies and retain records), Section 1.7 (obligation to continue to manage Project).

3.15.2. Authority. As to Authority, the following section shall survive discharge: Section 2.2 (right to conduct audit).

3.15.3.Both Parties. As to both parties, the following section shall survive discharge: Section 3.3. (mutual indemnities).

3.16. Limitation. All obligations of Authority under the terms of this Agreement are expressly contingent upon the Authority's continued authorization to collect and expend the sales tax proceeds provided by Measure L and the availability of Measure L funds from which reimbursement can be made. If for any reason the Authority's right or ability to collect or expend such sales tax proceeds is terminated or suspended in whole or part, or the amount of sales tax proceeds declines such that it materially affects the Authority's ability to fund the Project, the Authority shall promptly notify Sponsor, and the parties shall consult on a course of action. If, after twenty-five (25) working days, a course of action is not agreed upon by the parties, this Agreement shall be deemed terminated by mutual or joint consent. Any future obligation to fund this Project or any other project or projects of Sponsor, not already specifically covered by separate Agreement, shall arise only upon execution of a new Agreement.

3.17. Attorneys' Fees. Should any litigation commence between the parties concerning the rights and duties of any party pursuant to, related to, or arising from, this Agreement, the prevailing party in such litigation shall be entitled, in addition to such other relief as may be granted, to a reasonable sum as and for its attorneys' fees and costs of such litigation, or in a separate action brought for that purpose.

3.18. Time. Time is and shall be of the essence of this Agreement and each and all of its provisions in which performance is a factor.
#15..
- 591 -
10 FINAL Amended and Restated Measure L Cooperative Agreement: Standiford PID and PAED

3.19. Remedies Cumulative. No remedy or election of remedies provided for in this Agreement shall be deemed exclusive, but shall be cumulative with all other remedies at law or in equity. Each remedy shall be construed to give the fullest effect allowed by law.

3.20. Applicable Law. This Agreement shall be governed by, and construed and enforced in accordance with the laws of the State of California.

3.21. Captions. The captions in this Agreement are for convenience only and are not a part of this Agreement. The captions do not in any way limit or amplify the provisions of this Agreement and shall not affect the construction or interpretation of any of its provisions.

3.22. No Continuing Waiver. The waiver by any party of any breach of any of the provisions of this Agreement shall not constitute a continuing waiver or a waiver of any subsequent breach of the same, or of any other provision of this Agreement.

3.23. No Rights in Third Parties. Nothing in this Agreement, express or implied, is intended to confer any rights or remedies under or by reason of this Agreement on any third party, nor is anything in this Agreement intended to relieve or discharge the obligation or liability of any third party to any party to this Agreement, nor shall any provision of this Agreement give any third party any right of subrogation or action over or against any party to this Agreement.

3.24. Signator's Wananty. Each party warrants to each other that he or she is fully authorized and competent to enter into·this Agreement in the capacity indicated by his or her signature and agrees to be bound by this Agreement as of the day and year first mentioned above upon the execution of this Agreement by each other party. *** Signatures contained on next page ***
/ / /
/ / /
/ / /
/ / /
/ / /
/ / /
#15..
- 592 -
11 FINAL Amended and Restated Measure L Cooperative Agreement: Standiford PID and PAED IN WITNESS WHEREOF, the undersigned parties have executed this Agreement on the day and year first written above.

CITY OF MODESTO
By:______________________________
Joseph Lopez
City Manager

STANISLAUS COUNCIL OF
GOVERNMENTS, acting as the LOCAL

TRANSPORTATION AUTHORITY
By:_______________________________
Javier Lopez
Chairperson
ATTEST:
_________________________________
Diane Nayares-Perez
City Clerk
ATTEST:

By:_______________________________
Rosa De León Park
Executive Director
APPROVED AS TO FORM:

By:______________________________
Jose M. Sanchez
City Attorney
APPROVED AS TO FORM:

By:_______________________________
Monica Streeter
General Counsel
#15..
- 593 -
12 FINAL Amended and Restated Measure L Cooperative Agreement: Standiford PID and PAED

EXHIBIT A

PROJECT SCOPE, COST, SCHEDULE AND FUNDING PLAN
Project Name: STANDIFORD AT STATE ROUTE 99 (SR 99) INTERCHANGE

RECONSTRUCTION PROJECT CITY OF MODESTO
Project Contact: Toby Wells, City Engineer, City of Modesto

PROJECT SCOPE
Responsible Agency: City of Modesto
Project Limits:

Project Phase:

Project Initiation Document (PID) and
Project Approval and Environmental Document (PA&ED)
Project Phase Scope:

In coordination with Caltrans and StanCOG, the City of Modesto will perform preliminary engineering studies and draft project report, perform environmental studies and prepare draft environmental documents, circulate draft environmental documents and select preferred project alternative, prepare and approve project report and final environmental documents, obtain permits, and agreements.

Project Purpose:

The purpose of this project is to complete the project initiation document (PID) and project approval and environmental document (PA&ED) phases of the Standiford at State Route 99 (SR 99) Interchange Reconstruction Project City of Modesto. #15..
- 594 -
13 FINAL Amended and Restated Measure L Cooperative Agreement: Standiford PID and PAED

PROJECT COST AND FUNDING PLAN
Fund Source Fund Amount
Measure L Regional Funds $1,098,000
• Project Initiation Document $100,000
• Project Approval and Environmental
Document $998,000
City CFF Funds $6,000,000
TOTAL PID and PA&ED FUNDS $7,098,000

PROJECT SCHEDULE
Project Phase Start* End
Timely Use of Funds
Deadline (if applicable)
PID 07/01/2020 12/31/2026 N/A
PA&ED 07/01/2020 12/31/2026 N/A
*Start date from 2020 Agreement
#15..
- 595 -
Measure L Cooperative Agreement Form Page 1
Measure L Project Cooperative Agreement Form
NOTE: The purpose of this form is to assist StanCOG and the Local Agency with the development of a cooperative agreement or coop. amendment for a Measure L Regional, Community Connections, or Rail Services project.

Once the form is sufficiently filled out by Local Agency staff, an initial draft coop. or coop. amendment can be produced by StanCOG based on the cooperative agreement template approved by the StanCOG board. The initial draft coop. or coop. amendment will be submitted to the Local Agency for review and circulated for review within StanCOG before being submitted to the respective policy bodies for adoption.

Local Agency Information
Local Agency Name City of Modesto
Contact Name Toby Wells Job Title City Engineer
Street Address 1010 Tenth Street
City Modesto State CA ZIP Code 95353
Office Phone ( 209 ) 571-5542 Email Address [email protected] Who will sign\approve this Agreement for Local Agency?
Name Joseph P Lopez Title City Manager
Who will witness or attest on behalf of the Local Agency? Name Diane Nayares-Perez Title City Clerk
Attorney for Local Agency?
Name Jose M. Sanchez
Title Acting City Attorney
Is there more than one Local Agency involved? Yes  No  Name of other Local Agency N/A
#15..
- 596 -
Measure L Cooperative Agreement Form Page 2
Project Information
Project Name Standiford@SR99 Interchange Reconstruction Project Measure L Project Category: (circle one) Regional \ Community Connections \ Rail Services Previous cooperative agreements with StanCOG for this PROJECT None Coop No.: Sept. 1,2020
Coop No.:

Coop No.:

Phase:PID & PAED
Phase:

Phase:

Deliverables completed to date: Completed by (CALTRANS or Local Agency)? (Check all that apply)
 Project Initiation Document None
 Project Report
 Environmental Document
 Plans, Specifications and Estimate
 Right of Way Certification
Is this a request to amend a prior agreement or a request for a new agreement? New Agreement X Amendment to a Previous Agreement Coop No. Sept 1, 2020 Agr FILL OUT PAGES 1 and 2 ONLY FOR AMENDMENTS
What aspect(s) of the prior agreement needs to be amended and why? Request for time extension from original agreement. New completion date is 12/31/2026.

New Cooperative Agreement (select all phases that apply below) PID
PA&ED
 PS&E
 R/W Capital
 R/W Support
 Construction
#15..
- 597 -
Measure L Cooperative Agreement Form Page 3

FILL OUT ALL SIX PAGES FOR NEW AGREEMENTS
Agreement Information
Project description: Even if this agreement is only for one phase of work, please describe the project that is proposed to be built.

City proposes to reconstruct the Standiford/Beckwith over crossing of State Route 99 and the Union Pacific Rail Road. This will include an analysis of the area traffic within a 1 mile radius of the existing interchange.

Estimated Term of Cooperative Agreement:

Begin Date July 1 2020
End Date December 31, 2026
Scheduling
Describe any special schedule conditions or restraints that need to be documented:

None
Identification of Funding Commitments
The parties responsible for fully funding all commitments under this agreement. (If more than one Sponsor, indicate the percent distribution. The total sum must equal 100%).

X StanCOG \ Measure L %
X City CFF %
% Please name “other” funding agencies:_____
Maintenance
Describe the maintenance arrangement required as a result of the project.

The Local Agency will assume full responsibility for maintenance ....................................  The Local Agency will amend an existing maintenance agreement with a Partner Agency .  An existing maintenance agreement exists and will NOT require amendment… .................  The Local Agency will execute a new maintenance agreement with a Partner Agency .......  Caltrans will assume full responsibility for maintenance after work is complete… .............  #15..
- 598 -
Measure L Cooperative Agreement Form Page 4
Scope Summary / Delegation of Activities
What work is being done in this cooperative agreement, and Who is doing it? If any of the activities below are shared, check all the appropriate parties and define the arrangement in the section on the next page.

Project Delivery Workplan Standards
Activity Description
Who is doing the work?
Caltrans Local
Agency
Environmental (PA&ED)

PERFORM PRELIMINARY ENGINEERING STUDIES

AND DRAFT PROJECT REPORT
X

PERFORM ENVIRONMENTAL STUDIES AND

PREPARE DRAFT ENVIRONMENTAL DOCUMENT
X

CIRCULATE DRAFT ENVIRONMENTAL

DOCUMENT AND SELECT PREFERRED PROJECT

ALTERNATIVE IDENTIFICATION
X

PREPARE AND APPROVE PROJECT REPORT AND

FINAL ENVIRONMENTAL DOCUMENT
X

OBTAIN PERMITS, AGREEMENTS, AND ROUTE

ADOPTIONS
X
Design (PS&E)

PREPARE BASE MAPS AND PLAN SHEETS

STRUCTURES GENERAL PLANS AND

PRELIMINARY DESIGN DATA

PREPARE DRAFT PS&E

MITIGATE ENVIRONMENTAL IMPACTS AND

CLEAN UP HAZARDOUS WASTE

DRAFT STRUCTURES PS&E

PREPARE FINAL STRUCTURES PS&E PACKAGE

CIRCULATE, REVIEW AND PREPARE FINAL

DISTRICT PS&E PACKAGE

CONTRACT BID DOCUMENTS READY TO LIST
Right of Way (R/W)

RIGHT OF WAY PROPERTY MANAGEMENT AND

EXCESS LAND

UTILITY RELOCATION

PERFORM RIGHT OF WAY ENGINEERING

OBTAIN RIGHT OF WAY INTERESTS FOR
PROJECT RIGHT OF WAY CERTIFICATION*
POST RIGHT OF WAY CERTIFICATION WORK*

PERFORM FINAL RIGHT OF WAY ENGINEERING

ACTIVITIES
#15..
- 599 -
Measure L Cooperative Agreement Form Page 5
WBS
Code
Project Delivery Workplan Standards
Activity Description
Who is doing the work?
Caltrans Local
Agency
Construction

3.265 AWARDED AND APPROVED CONSTRUCTION

CONTRACT

5.270 CONSTRUCTION ENGINEERING AND GENERAL
CONTRACT ADMINISTRATION**

5.285 CONTRACT CHANGE ORDER ADMINISTRATION

5.290 RESOLVE CONTRACT CLAIMS

5.295 ACCEPT CONTRACT, PREPARE FINAL

CONSTRUCTION ESTIMATE AND FINAL REPORT
Identify and described any activities that will be shared:

None
#15..
- 600 -
Measure L Cooperative Agreement Form Page 6
Funding Information (Note: A spreadsheet format is available for the table below.) Fund Type Fund
Source

PID PA&ED PS&E R/W
Capital
R/W
Support
CON
Capital
CON
Support
Total
match:_(type)_
Measure L –
Regional
Regional $100k $998,000 $1,098,000
Measure L –
Community
Connections
Regional
Measure L –
Rail Services
Regional
Measure L –
Local Roads
Regional
City CFF Local $3,000,000
6,000,000
$3,000,000
$6,000,000
STIP/RIP State
STIP/IIP State
SHOPP State
Minor A Funds State
Minor B Funds State
SB-1 Active
Transportation
State
SB-1 Local
Streets & Roads
State
SB-1 Local
Partnership
State
SB-1 Congested
Corridors
State
SB-1 Trade
Corridors
Federal
RSTP Federal
CMAQ Federal
DEMO-HPP Federal
Other:

Other:

Total $100k $6,998,000 $7,098,000
#15..
- 601 -

CITY OF MODESTO

COUNCIL AGENDA REPORT
DATE OF MEETING:

July 11, 2023
Date: June 20, 2023
TO: Mayor and City Council
THROUGH: Joseph P. Lopez, City Manager
FROM: Toby Wells, Interim Director of Engineering Services Department/City Engineer SUBJECT: Amended and Restated Measure L Regional Control Cooperative Agreement with Stanislaus Council of Government for Briggsmore at State Route 99 Interchange Reconstruction Project
CONTACT: Toby Wells, Interim Director of Engineering Services Department /City Engineer, [email protected], 209-571-5542
DESCRIPTION:

Consider approving the Amended and Restated Measure L Regional Control Project Cooperative Agreement with Stanislaus Council of Governments (StanCOG) for the Project Initiation Document (PID) and Project Approval and Environmental Document (PAED) Phases of the Briggsmore Avenue at State Route 99 Interchange Reconstruction Project including additional $2,000,000 in Regional Measure L funding and authorizing all task items of work for the AECOM Design Services Agreement. (Funding Source: Regional Surface Transportation Funds (RSTP) and Regional Measure L funds)
STRATEGIC PLAN ELEMENT:

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

BACKGROUND:

The Briggsmore Avenue at SR99 Interchange Improvement Project Interchange was constructed incrementally in response to changing demands and available funding over time.

Now deficiencies are such that a complete overhaul is necessary to maintain flows into the future. As such, an analysis must be performed to understand the Traffic Engineering first and then look for ways to make improvements. Staff anticipates that this could result in significant changes to local roadways, resulting in a net increase in safety and efficiency for movement of goods and services throughout the vicinity of Briggsmore Avenue and SR99.

The initial direction to staff is that the SR99 overcrossing needs to be reconstructed to accommodate 8 lanes of traffic on the SR99 mainline. This work is complicated by the presence #16..
- 602 -
Council Meeting, July 11, 2023
Amended StanCOG Cooperative Agreement for Standiford at SR 99 Interchange

Page 2 of 4 ends

of traffic signals at less than ideal spacing in the immediate vicinity of the interchange.

Interchange reconstruction and roadway realignment will be further complicated by the presence of several big box retail stores north and east of the existing interchange. This interchange also serves as a grade separated crossing of the Union Pacific Railroad and future expansion of the Altamont Corridor Express (ACE) Rail system.

On September 1, 2020, by Resolution No. 2020-338, Council approved amending the Capital Improvement Plan budget in the amount of $2,847,879 for the Project Initiation Document and Project Approval and Environmental Document phases for the Briggsmore Avenue at SR99 Interchange Improvement Project.

On September 1, 2020, by Resolution No. 2020-337, Council approved accepting Regional Surface Transportation Program (RSTP) funds in the amount of $2,298,879 in FY 20/21, and $2,297,953 in FY 21/22 to fund the Project Initiation Document and Project Approval and Environmental Document phases for the Briggsmore Avenue at SR99 Interchange Improvement Project.

On September 1, 2020, by Resolution No. 2020-336, Council approved a Measure L Cooperative Agreement with Stanislaus Council of Governments funding up to $549,000 of Measure L funds for the Project Initiation Document and Project Approval and Environmental Document phases for the Briggsmore Avenue at SR99 Interchange Improvement Project.

On April 13, 2021, by Resolution No. 2021-127, Council approved the Cooperative Agreement with Caltrans for Project Initiation Document and Project Approval Environmental Document Phases of the Briggsmore Avenue at SR99 Interchange Improvement Project.

On May 2, 2023, by Resolution No. 2023-195, Council approved a Design Services Agreement with AECOM of Sacramento for the Briggsmore Avenue at State Route 99 Interchange Improvement Project in the amount of $6,380,010, plus $638,001 for additional services, if needed, for a total amount not to exceed $7,018,011. The contract award was phased to award task items one through three due to the existing funding constraints. As a result, staff requested additional funding from StanCOG Regional Measure L funds to fully fund the project.

DISCUSSION:

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

Page 3 of 4 ends

transportation deficiencies. The PID is a record of the existing information, initial assumptions, identified risks, and constraints that generated the development of the project work plan. The PID is used to obtain approval for inclusion of a project into a programming document or to get conceptual approval by Caltrans as a project-funded-by-others.

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

Current Schedule (approximate): Date:

Project Initiation Document October 2024
PA&ED (Mitigated Negative Declaration) April 2025
PA&ED (EIR/EIS) November 2027
The PS&E and final project construction schedule will be determined after completion of the PA&ED process.

StanCOG is the designated Regional Transportation Planning Agency, the designated Metropolitan Planning Organization, and the designated Council of Governments for Stanislaus County. StanCOG has designated the Briggsmore Avenue at SR99 Interchange Improvement Project as a priority project for delivery in Measure L’s first ten years. As a Measure L regional funding priority, this project is designated to receive up to $14.9M (2019 dollars) of the regional project share of Measure L funds, and StanCOG will reimburse the City of Modesto for identified costs associated with development of this project.

The City of Modesto and StanCOG entered into the original Cooperative Agreement on September 1, 2020 for funding for the PID and PAED phase of the project. The original agreement allocated $549,000 of Regional Measure L funds for this phase of the project. With the final negotiations of the AECOM agreement, City staff requested an amendment to the Cooperative Agreement with Caltrans to allocate $2M in additional funding to fully cover the cost of the AECOM agreement and associated staff costs to complete the PID and PAED phase of the project. City Council Resolution 2023-195 approving the AECOM agreement included a provision requiring additional Council approval of the final task item in the AECOM agreement after the additional funding per the attached Amended Cooperative Agreement is secured.

The StanCOG Policy Board approved the Amended and Restated Cooperative Agreement on June 21, 2023.

Staff recommends approval of the Amended and Restated Cooperative Agreement with StanCOG that provides for full funding of this phase of the project. With the full funding now secured, Staff also recommends approval of all task items in the AECOM design services agreement.

FISCAL IMPACT:
#16..
- 604 -
Council Meeting, July 11, 2023
Amended StanCOG Cooperative Agreement for Standiford at SR 99 Interchange

Page 4 of 4 ends

This Project is not included in the City’s Capital Facilities Fee (CFF) program, therefore other funding sources are necessary to fund the design efforts. The available funding sources are and are available in Project 101271:

Briggsmore Avenue at SR 99 Interchange Improvement Project Measure L Regional Funding per Amended Cooperative Agreement $2,549,000 Regional Surface Transportation Program (RSTP) $5,113,482 Total Funding (PID & PAED) $7,662,482
COMMITTEE RECOMMENDATION:

This item was reviewed by the Economic Development committee on June 5, 2023 and approved to move forward to Council.

RECOMMENDED COUNCIL ACTION:

Staff Recommendations:

Resolution approving the Amended and Restated Measure L Regional Control Project Cooperative Agreement with Stanislaus Council of Governments (StanCOG) for the Project Initiation Document (PID) and Project Approval and Environmental Document (PAED) Phases of the Briggsmore Avenue at State Route 99 Interchange Reconstruction Project, including additional $2,000,000 in Regional Measure L funding, and authorizing the City Manager, or his designee, to execute the Agreement, and authorizing all task items of work for the AECOM Design Services Agreement
Approved by:

Toby Wells, Interim Director of Engineering
Services Department/City Engineer
Joseph P. Lopez, City Manager
Attachments:

1. Resolution

2. Amended and Restated Measure L Cooperative Agreement #16..
- 605 -
7/11/23/Engineering/TWells/Item X 1 2023-XX

MODESTO CITY COUNCIL
RESOLUTION NO. 2023-

RESOLUTION APPROVING AMENDED AND RESTATED MEASURE L

REGIONAL CONTROL PROJECT COOPERATIVE AGREEMENT WITH

STANISLAUS COUNCIL OF GOVERNMENTS (STANCOG) FOR THE

PROJECT INITIATION DOCUMENT (PID) AND PROJECT APPROVAL AND

ENVIRONMENTAL DOCUMENT (PA&ED) PHASES OF THE BRIGGSMORE AT STATE ROUTE 99 INTERCHANGE RECONSTRUCTION PROJECT,
INCLUDING ADDITIONAL $2,000,000 IN REGIONAL MEASURE L FUNDING,

AND AUTHORIZING THE CITY MANAGER, OR HIS DESIGNEE, TO

EXECUTE THE AGREEMENT, AND AUTHORIZING ALL TASK ITEMS OF

WORK FOR THE AECOM DESIGN SERVICES AGREEMENT
WHEREAS, the State Route 99/Briggsmore Interchange Project (Project) has been constructed incrementally in response to changing demands and available funding over time; and
WHEREAS, the purpose of this Project is to reduce traffic congestion, improve regional and interregional traffic operation, and enhance safety on the SR99 highway and within the vicinity of the local transportation network of the SR99/Briggsmore Avenue interchange through reconstruction; and
WHEREAS, the first phase of the Project is termed Project Initiation Document (PID) phase; and
WHEREAS, the outcome of the project initiation process is a document that establishes a well-defined purposes-and-need statement, proposed project scope tied to a reliable cost estimate, and a schedule; and
WHEREAS, the Department of Transportation (Caltrans) requires development of a PID prior to approval to being the environmental project phase or PAED; and #16..
- 606 -
7/11/23/Engineering/TWells/Item X 2 2023-XX
WHEREAS, the Project Approval and Environmental Document (PAED) phase develops and establishes the State and Federal approvals necessary for the Project to move to the final PS&E project phase; and
WHEREAS, Stanislaus Council of Governments (StanCOG) is the designated Regional Transportation Planning Agency (RTPA), the designated Metropolitan Planning Organization (MPO) and the designated Council of Governments for Stanislaus County; and
WHEREAS, in November, 2016 Stanislaus County voters approved Measure L, a 25-year, ½ cent sales tax to maintain and improve transportation systems; and WHEREAS, the Measure L Strategic Plan designates the Project as a priority project for delivery in Measure L’s first 10 years; and WHEREAS, the 2019 Strategic Plan Update designated this project to receive up to $14,832,000 of regional Measure L funds over the next several years; and WHEREAS, StanCOG has agreed to provide funding for the PAED and PID phase of the Project in accordance with the terms and conditions set forth in the Agreement between the City and StanCOG, attached hereto; and WHEREAS, StanCOG’s Policy Board approved the Agreement on June 17, 2020 with an end date of July 2023; and
WHEREAS, the Amended and Restated Measure L Regional Control Project Cooperative Agreement has been created to update the terms and conditions for delivery of the project and allocate additional funding to full fund the PID and PAED phase of the project; and
#16..
- 607 -
7/11/23/Engineering/TWells/Item X 3 2023-XX
WHEREAS, the StanCOG’s Policy Board approved Amended and Restated Measure L Regional Control Project Cooperative Agreement on June 21, 2023; and WHEREAS, on May 2, 2023, by Resolution No. 2023-195, Council approved a Design Services Agreement with AECOM of Sacramento for the Briggsmore Avenue at State Route 99 Interchange Improvement Project in the amount of $6,380,010, plus $638,001 for additional services, if needed, for a total amount not to exceed $7,018,011; and
WHEREAS, City Council Resolution 2023-195 approving the AECOM agreement included a provision requiring additional Council approval of the final task item in the AECOM agreement; and
WHEREAS, the execution of the attached Amended and Restated Measure L Regional Control Project Cooperative Agreement provides the full funding required to complete all task items in the AECOM agreement.

NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Modesto that it hereby approves the Amended and Restated Measure L Regional Control Project Cooperative Agreement with Stanislaus Council of Governments (StanCOG) for the Project Initiation Document (PID) and Project Approval and Environmental Document (PAED) Phases of the Briggsmore Avenue at State Route 99 Interchange Reconstruction Project, including additional $2,000,000 in regional Measure L funding, and authorizing all task items of work for the AECOM Design Services Agreement.

BE IT FURTHER RESOLVED, that the City Manager, or his designee, is authorized to execute the Agreement in a form approved by the City Attorney. #16..
- 608 -
7/11/23/Engineering/TWells/Item X 4 2023-XX
BE IT FURTHER RESOLVED, that the City Manager, or his designee, is authorized to provide the notice to proceed for all task items for the AECOM Design Services Agreement.

BE IT FURTHER RESOLVED, that the City Manager, or his designee, is authorized to take the necessary steps to implement the provisions of this resolution and the adjustments to recognize the additional funding pursuant to the Amended and Restated Measure L Regional Control Project Cooperative Agreement.

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

BY: ____________________________________
JOSE M. SANCHEZ, City Attorney
#16..
- 609 -
1 Amended and Restated Measure L Cooperative Agreement: Briggsmore PID and PAED v2

AMENDED AND RESTATED

MEASURE L

REGIONAL CONTROL PROJECT COOPERATIVE AGREEMENT FOR

THE PROJECT INITIATION DOCUMENT (PID) AND PROJECT

APPROVAL AND ENVIRONMENTAL DOCUMENT (PA&ED) PHASES
OF THE BRIGGSMORE AT STATE ROUTE 99 (SR 99) INTERCHANGE

RECONSTRUCTION PROJECT CITY OF MODESTO
This Amended and Restated Cooperative Agreement ("Agreement") is made and entered into on June _____ , 2023, by and between the CITY OF MODESTO ("Sponsor") and the STANISLAUS COUNCIL OF GOVERNMENTS, acting as the Local Transportation Authority ("Authority").

RECITALS
A. WHEREAS, Authority and Sponsor entered into a Cooperative Agreement, dated September 1, 2020 (“2020 Agreement”), for funding of the Project Initiation Document (PID); Project Approval and Environmental Document (PA&ED) and for associated support services described in Exhibit "A", attached hereto and incorporated herein, pursuant to the authority provided by Measure "L" Local Roads First Transportation Funding Measure Ordinance and Expenditure Plan ("Measure L"), which was approved by the voters of Stanislaus County on November 8, 2016; and B. WHEREAS, Sponsor desires to receive funding from the Authority for the PID and PA &ED Phases of the transportation improvement project entitled "Briggsmore at State Route 99 (SR 99) Interchange Reconstruction Project", the PID and PA&ED phases of which are· described in Exhibit "A" and are referred to respectively herein as the "PID" and "PA&ED" phases and collectively the "Project"; and C. WHEREAS, the Project is an eligible project of the Regional Control category of Measure L; and
D. WHEREAS, the Project is identified in the 2022 Measure L Strategic Plan Update; and
E. WHEREAS, the Authority is authorized to issue Measure L funds to the Sponsor; and
F. WHEREAS, Authority shall issue Measure L reimbursement payments as provided in Section 2.1 to the Sponsor pursuant to a request for reimbursement submitted by the Sponsor; however, the Sponsor understands that in no event shall reimbursement payments for eligible expenses under this Agreement, when aggregated with the previously #16..
- 610 -
2 Amended and Restated Measure L Cooperative Agreement: Briggsmore PID and PAED v2 approved reimbursement requests, exceed the amount identified in Section 2.1; and G. WHEREAS, any cost savings which result in less than the Reimbursable Amount, defined below, being spent on the Project will be retained by the Authority and may be re-programmed for other Measure L eligible projects; and H. WHEREAS, the Sponsor agrees to abide by the terms and conditions of the Authority as set forth herein for the receipt of Measure L funds; and I. WHEREAS, Authority agrees to provide funding for the transportation improvements of the Sponsor's Project according to the terms and conditions set forth herein; and
J. WHEREAS, the Sponsor and Authority desire to amend the 2020 Agreement to identify additional Measure L funding for the Project and to extend the timeline for Project completion.

K. WHEREAS, the Parties desire that this Agreement, as set forth in Section 3.7, will amend, restate, supercede and replace in its entirety the 2020 Agreement.

NOW, THEREFORE, in consideration of the mutual promises and undertakings herein made and the mutual benefits to be derived therefrom, the parties hereto represent, covenant and agree as follows:

AGREEMENT

SECTION I
Covenants of Sponsor

1.1. Project Application. The complete Project description, scope of work, delivery schedule, estimate of cost by activity, anticipated amount and type of funds that willsupplement Measure L funds, and the anticipated timing for release of Measure L funds are specified in the application, which is attached as Exhibit "A," and incorporated herein by thisreference.

1.2. Change In Project Scope. A change in the Project scope as described in Exhibit "A" may not be implemented until it has been approved in writing by the Authority.

Changes in scope implemented prior to Authority approval will not be eligible for reimbursement and in no event will a change in scope result in the Authority reimbursing more than $2,549,000 (“Reimbursable Amount”).

1.3. Eligible Reimbursement Costs. Eligible reimbursement costs are the costs as specified in Exhibit "A" or as may be approved from time to time by the Authority pursuant to Section 1.2. In no event shall expenses incurred by Sponsor prior to the execution of this #16..
- 611 -
3 Amended and Restated Measure L Cooperative Agreement: Briggsmore PID and PAED v2 Agreement be considered eligible reimbursement costs.

1.4. Invoices and Progress Reports. Starting one month after the execution of this Agreement, Sponsor will submit monthly progress reports and invoices for activities conducted over the prior unbilled month. These documents will include the following specified information:

1.2. 1.7.1. Letter of PID and PA&ED Completion. Sponsor will submit to Authority a "Letter of PID and PA&ED Completion" which includes final costs of the PID and PE&AD Phases. This letter shall accompany the final invoice for payment from the Authority to Sponsor and will act as notice of account closing by Authority for the PID and PA&ED Phases of the Project.
#16..
- 612 -
4 Amended and Restated Measure L Cooperative Agreement: Briggsmore PID and PAED v2

1.8. Cost Savings and Excess Costs.

1.8.3. Reconciliation of Excess Costs. Excess project costs to complete a project are not eligible for reimbursement. The amount of Measure L funds as identified in Section

1.2 are the 'maximum' funds available for reimbursement to the Sponsor and will not be exceeded by the Sponsor without an approved amendment to this Agreement. The Sponsor shall request an amendment if needed for this purpose in writing to the Authority. Such amended Agreement shall be effective only if approved by the governing body of and signed· by the duly authorized representatives of both the Authority and the Sponsor.

SECTION II
Covenants of
Authority

2.1.1. Deadline to Submit Reimbursement Requests. All invoices and progress reports shall be submitted to Authority on or before 5:00 p.m. on the tenth (10th) calendar day of the month in which the Sponsor requests reimbursement payments. Copies of invoices must be complete and legible, or the Reimbursement Request will be returned.

Reimbursement requests should be accompanied by a cover letter stating the time period #16..
- 613 -
5 Amended and Restated Measure L Cooperative Agreement: Briggsmore PID and PAED v2 for which reimbursement is requested, name of the project, total amount requested and contact name and telephone number. Authority shall issue reimbursement payments to Sponsor on or before the last day of the month for all timely submittals. Invoices are deemed ineligible without the accompanying progress reports. The Authority reserves the right to stop reimbursement payments of invoices without progress reports.

2.1.5. Suspension of Reimbursement. If the Authority determines that any costs in an invoice are not allowable, or the lack of supporting documentation or progress reports, the Authority shall return the invoice to Sponsor, with an invoice dispute notice outlining the reason forthe return and the proposed remedy, if one exists, which would make the invoice acceptable for payment. Sponsor may re-submit the invoice for payment after reviewing the invoice dispute notice and making any necessary corrections. Sponsor may also immediately submit a new invoice representing only the amounts which are not in dispute, while setting aside the disputed amounts for reviewin accordance with the provisions set forth in this Section 2.1.

2.1.5.1. Meeting. Once a dispute has occurred, the Authority shall arrange a meeting between the Authority and the Sponsor staff to discuss and attempt to resolve the dispute. If the invoice was received on or before 5:00 p.m. on the 10th day of the month, the meeting shall be held no later than the 20th day of the same month. If the invoice was received after this date and time, then the meeting shall be held no later than the 20th day of the following month.

2.1.5.2. Executive Committee. If an agreement cannot be reached at the meeting, then the Sponsor or the Authority shall have the option to take the dispute to the Authority's Executive Committee, with the understanding that by doing so the reimbursement for the disputed cost item(s) will be delayed until a resolution of the matter #16..
- 614 -
6 Amended and Restated Measure L Cooperative Agreement: Briggsmore PID and PAED v2 isreached.

2.1.5.4. Reservation of Rights. By utilizing the above procedures, the Sponsor does not surrender any rights to pursue available legal remedies if the Sponsor disagrees with the Board decision.

2.2. Right to Conduct Audit. The Authority shall have the right to conduct an audit of all Sponsors' records pertaining to the Project at any time during the course of the Project and upto a five (5) year period after completion of the Project. For purposes of audit, the date of completion of the Agreement shall be the date of the Authority's payment of Sponsor's final billing (so noted on the invoice) under this Agreement. This audit provision shall extend to and/or be included in contracts with Sponsor's contractors.

2.3. Maximum Obligation. Authority's maximum obligation for all costs under this Agreement shall not exceed Two Million Five Hundred Forty-Nine Thousand Dollars ($2,549,000.00) unless such maximum obligation is increased by an amendment to this Agreement. The parties agree that Measure L funds shall not be used for reimbursement of expenses incurred by the Sponsor for the Project that are not covered by this Agreement.

SECTION III
Mutual
Covenants

3.1. This Agreement shall remain in effect until discharged or terminated as provided in Section 3.2 or Section 3.15.

3.2. Discharge. This Agreement shall be subject to discharge asfollows:

3.2.1. Termination by Mutual Consent. This Agreement may be terminated at any time only by mutual consent of the parties.
#16..
- 615 -
7 Amended and Restated Measure L Cooperative Agreement: Briggsmore PID and PAED v2

3.2.2. Discharge Upon Completion of Project. Except as to any rights or obligations which survive discharge as specified in Section 3.14, this Agreement shall be discharged, and the parties shall have no further obligation to each other, upon completion of the Project and payment of the final invoice by the Authority.

3.3. Indemnity. It is mutually understood and agreed, relative to the reciprocal indemnification of Authority and Sponsor:

3.3.1. Sponsorshall fully defend, indemnify and hold harmless Authority, and any officer or employee of Authority, against any damage or liability occurring by reason of anything done or omitted to be done by Sponsor under the Agreement. It is also fully understood and agreed that, pursuant to Government Code Section 895.4, Sponsor shall fully defend, indemnify and hold the Authority harmless from any liability imposed for injury as defined by Government Code Section 810.8 occurring by reason of anything done or omitted to be done by Sponsor under this Agreement or in connection with any work, authority, or jurisdiction delegated to Sponsor under this Agreement.

3.4. Liability. As Authority is not the primary or responsible agency for carrying out the Project herein identified, the Authority is not liable for any loss, cost, liability, damage, claim, lien, action, cause of action, demand or expense which may arise as a result of the acts or omissions of Sponsor or its agents, contractors, consultants, engineers, or representatives. Nor shall the Authority be liable for any loss, cost, liability, damage, claim, lien, action, cause of action, demand or expense which may arise as a result of Authority's provision of funds which may be utilized in, but not limited to the acquisition of, the design, implementation, or construction of the Project herein described.

TO AUTHORITY: TO SPONSOR:
1111 “I” Street, Suite 308
Modesto, CA 95354
Attention: Executive Director
1010 Tenth Street, Suite 3100
Modesto, CA 95354
Attention: Joseph Lopez, City Manager
#16..
- 616 -
8 Amended and Restated Measure L Cooperative Agreement: Briggsmore PID and PAED v2 Either party may change its address by giving notice of such change to the other party in the manner provided in this Section 3.5. All notices and other communications shall be deemed communicated as of actual receipt or after the second business day after deposit in the United States mail. '

3.6. Additional Acts and Documents. Each party agrees to do allsuch things and take all such actions, and to make, execute and deliver such other documents and instruments, asshall be reasonably requested to carry out the provisions, intent and purpose of the Agreement.

3.7. Amended and Restated Agreement. This Agreement amends, restates, supercedes and replaces in its entirety the 2020 Agreement.

3.9. Independent Agency. Sponsor and Authority render services under this Agreement each as an independent agency under the terms of this Agreement. None of the Sponsor's agents or employees shall be agents or employees of the Authority and none of the Authority's agents or employees shall be agents or employees of Sponsor.

3.10. Assignment. The Agreement may not be assigned, transferred, hypothecated, or pledged by any party without the express written consent of the other party.

3.11. Binding on Successors. This Agreement shall be binding upon the successor(s), assignee(s) or transferee(s) of the Authority or Sponsor, as the case may be.

This provision shall not be construed as an authorization to assign, transfer, hypothecate or pledge this Agreement other than as provided above.

3.12. Severability. Should any part of this Agreement be determined to be unenforceable, invalid, or beyond the authority of either party to enter into or carry out, such determination shall not affect the validity of the remainder of this Agreement which shall continue in full force and effect; provided that, the remainder of this Agreement can, absent the excised portion, be reasonably interpreted to give effect to the intentions of the parties.

3.13. Counterparts and Electronic Signatures. This Agreement may be executed in one or more counterparts and shall become effective when one or more counterparts have been signed by all of the parties; each counterpart shall be deemed an original but all #16..
- 617 -
9 Amended and Restated Measure L Cooperative Agreement: Briggsmore PID and PAED v2 counterparts shall constitute a single document. Each party agrees that this Agreement and any other documents to be delivered in connection herewith may be electronically signed, and that any electronic signatures appearing on this Agreement or such other documents are the same as handwritten signatures for the purposes of validity, enforceability, and admissibility.

3.14. Survival. The following provisions in this Agreement shall survive discharge:

3.14.1. Sponsor. As to Sponsor, the following sections shall survive discharge: Section 1.5 (obligation to apply funds to Project), Section 1.6 (obligation to provide copies and retain records), Section 1.7 (obligation to continue to manage Project).

3.14.2. Authority. As to Authority, the following section shall survive discharge: Section 2.2 (right to conduct audit).

3.14.3. Both Parties. As to both parties, the following section shall survive discharge: Section 3.3. (mutual indemnities).

3.15. Limitation. All obligations of Authority under the terms of this Agreement are expressly contingent upon the Authority's continued authorization to collect and expend the sales tax proceeds provided by Measure L and the availability of Measure L funds from which reimbursement can be made. If for any reason the Authority's right or ability to collect or expend such sales tax proceeds is terminated or suspended in whole or part, or the amount of sales tax proceeds declines such that it materially affects the Authority's ability to fund the Project, the Authority shall promptly notify Sponsor, and the partiesshall consult on a course of action. If, after twenty-five (25) working days, a course of action is not agreed upon by the parties, this Agreement shall be deemed terminated by mutual or joint consent. Any future obligation to fund this Project or any other project or projects of Sponsor, not already specifically covered by separate Agreement, shall arise only upon execution of a new Agreement.

3.16. Attorneys' Fees. Should any litigation commence between the parties concerning the rights and duties of any party pursuant to, related to, or arising from, this Agreement, the prevailing party in such litigation shall be entitled, in addition to such other relief as may be granted, to a reasonable sum as and for its attorneys' fees and costs of such litigation, or in a separate action brought for that purpose.

3.17. Time. Time is and shall be of the essence of this Agreement and each and all of its provisions in which performance is a factor.

3.18. Remedies Cumulative. No remedy or election of remedies provided for in this Agreement shall be deemed exclusive, but shall be cumulative with all other remedies at law or in equity. Each remedy shall be construed to give the fullest effect allowed bylaw. #16..
- 618 -
10 Amended and Restated Measure L Cooperative Agreement: Briggsmore PID and PAED v2

3.19. Applicable Law. This Agreement shall be governed by, and construed and enforced in accordance with the laws of the State of California.

3.20. Captions. The captions in this Agreement are for convenience only and are not a part of this Agreement. The captions do not in any way limit or amplify the provisions of this Agreement and shall not affect the construction or interpretation of any of its provisions.

3.21. No Continuing Waiver. The waiver by any party of any breach of any of the provisions of this Agreement shall not constitute a continuing waiver or a waiver of any subsequent breach of the same, or of any other provision of this Agreement.

3.22. No Rights in Third Patties. Nothing in this Agreement, express or implied, is intended to confer any rights or remedies under or by reason of this Agreement on any third party, nor is anything in this Agreement intended to relieve or discharge the obligation or liability of any third party to any party to this Agreement, nor shall any provision of this Agreement give any third party any right ofsubrogation or action over or against any party to this Agreement.

3.23. Signator's Warranty. Each party warrants to each other that he or she is fully authorized and competent to enter into this Agreement in the capacity indicated by his or her signature and agrees to be bound by this Agreement as of the day and year first mentioned above upon the execution of this Agreement by each other party. ***Signatures contained on next page***
/ / /
/ / /
/ / /
/ / /
/ / /
/ / /
/ / /
/ / /
/ / /
#16..
- 619 -
11 Amended and Restated Measure L Cooperative Agreement: Briggsmore PID and PAED v2 IN WITNESS WHEREOF, the undersigned parties have executed this Agreement on the day and year first written above.

CITY OF MODESTO
By:______________________________
Joseph Lopez
City Manager

STANISLAUS COUNCIL OF
GOVERNMENTS, acting as the LOCAL

TRANSPORTATION AUTHORITY
By:_______________________________
Javier Lopez
Chairperson
ATTEST:
_________________________________
City Clerk
ATTEST:

By:_______________________________
Rosa De León Park
Executive Director
APPROVED AS TO FORM:

By:______________________________
Jose Sanchez
City Attorney
APPROVED AS TO FORM:

By:_______________________________
Monica Streeter
General Counsel
#16..
- 620 -
12 Amended and Restated Measure L Cooperative Agreement: Briggsmore PID and PAED v2

EXHIBIT A

PROJECT SCOPE, COST, SCHEDULE AND FUNDING PLAN
Project Name: BRIGGSMORE AT STATE ROUTE 99 (SR 99) INTERCHANGE

RECONSTRUCTION PROJECT CITY OF MODESTO
Project Contact: Toby Wells, City Engineer, City of Modesto

PROJECT SCOPE
Responsible Agency: City of Modesto
Project Limits:

Project Phase:

Project Initiation Document (PID) and
Project Approval and Environmental Document (PA&ED)
Project Phase Scope:

In coordination with Caltrans and StanCOG, the City of Modesto will perfo1m preliminary engineering studies and draft project report, perfo1m environmental studies and prepare draft environmental documents, circulate draft environmental documents and select preferred project alternative identification, prepare and approve project report and final environmental documents, obtain permits, agreements, and route adoptions.

Project Purpose:

The purpose of this project is to complete the project initiation document (PID) and project approval and environmental document (PA&ED) phases of the Briggsmore at State Route 99 (SR 99) Interchange Reconstruction Project City of Modesto. #16..
- 621 -
13 Amended and Restated Measure L Cooperative Agreement: Briggsmore PID and PAED v2

PROJECT COST AND FUNDING PLAN
Fund Source Fund Amount
Measure L Regional Funds $2,549,000
• Project Initiation Document $100,000
• Project Approval and Environmental
Document
$2,449,000
RSTP Funds $5,113,482
TOTAL PID and PA&ED FUNDS $7,662,482

PROJECT SCHEDULE
Project Phase Start* End
Timely Use of Funds
Deadline (if applicable)
PID 07/01/2020 03/01/2029 N/A
PA&ED 07/01/2020 03/01/2029 N/A
*Start date from 2020 Agreement
#16..
- 622 -

CITY OF MODESTO

COUNCIL AGENDA REPORT
DATE OF MEETING:

July 11, 2023
June 21, 2023
TO: Mayor and City Council
THROUGH: Joseph P. Lopez, City Manager
FROM: Toby Wells, Interim Director of Engineering Services / City Engineer SUBJECT: On-Call Land Surveying Services for Various Capital Improvement Projects CONTACT: Peter Kambel, Sr. Civil Engineer, [email protected], 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 of $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:

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’s survey staff is in a new Division housed within the recently created Engineering Services Department and serves as the 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, 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. #17..
- 623 -
City Council, July 11, 2023
On-Call Land Surveying Services for Various Capital Improvement Projects

Page 2 of 3 ends

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 Oncall consultants will bill the City and the City will be reimbursed for these expenses with funds deposited by the developer.

COMMITTEE RECOMMENDATION:

This item was considered by the Economic Development Committee on June 5, 2023, and was recommended to forward to Council for approval.

RECOMMENDED COUNCIL ACTION:

Staff Recommendations:

Resolution approving an Agreement with Siegfried Engineering, Inc., Modesto, CA., for On-Call Land Surveying Services for a one-year Agreement with two one-year extension options, for an annual estimated amount of $75,000, 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.

Resolution approving an Agreement with NorthStar Engineering, Inc., Modesto, CA., for On-Call Land Surveying Services for a one-year Agreement with two one-year extension options, for an annual estimated amount of $75,000, 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.

Resolution approving an Agreement with 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 estimated amount of $75,000, 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.

Approved by:

Toby Wells, Interim Director of Engineering Services
/City Engineer
Joseph P. Lopez, City Manager
#17..
- 624 -
City Council, July 11, 2023
On-Call Land Surveying Services for Various Capital Improvement Projects

Page 3 of 3 ends

Attachments:

1. Resolutions (3)

2. Agreement and Exhibits Siegfried Engineering, Inc.

3. Agreement and Exhibits NorthStar Engineering, Inc.

4. Agreement and Exhibits O’Dell Engineering, Inc.
#17..
- 625 -
07/11/23/EngineeringServices/PKamble/Item 1 2023-

MODESTO CITY COUNCIL
RESOLUTION NO. 2023-

RESOLUTION APPROVING AN ON-CALL AGREEMENT FOR LAND
SURVEYING SERVICES, WITH SIEGFRIED ENGINEERING, INC., FOR A

ONE-YEAR AGREEMENT WITH TWO ONE-YEAR EXTENSION OPTIONS, FOR AN ESTIMATED ANNUAL AMOUNT NOT TO EXCEED $75,000, AND A TOTAL AMOUNT NOT TO EXCEED $225,000 OVER THREE YEARS AND

AUTHORIZING THE CITY MANAGER, OR HIS DESIGNEE, TO EXECUTE

THE AGREEMENT
WHEREAS, the City’s survey staff is part of the Construction Administration Division housed within the Engineering Services Department and serves as the designated responsible Land Surveyor for the City, and
WHEREAS, from time-to-time, project workloads and permit workloads require more resources than the city survey staff has available internally, and WHEREAS, for those times, the Construction Administration Division staff will utilize the services of a professional land surveying firm, and WHEREAS, 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, and WHEREAS, 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 requirement, and
WHEREAS, furthermore, in accordance with Administrative Directive 3.1, Selection Procedures for Professional Consultants Who Provide Architectural & Engineering Services for Capital Projects, a Request for Qualification and Proposals #17..
- 626 -
07/11/23/EngineeringServices/PKamble/Item 2 2023-
(RFQ/RFP) was formally advertised through Planet Bids on November 22, 2022, for OnCall Land Surveying Services for Various Capital Improvement projects, and ten firms submitted responses to the RFQ-RFP, and
WHEREAS, after careful review of the Statement of Qualifications-& Proposals, staff determined that Siegfried Engineering, Inc., was one of three most qualified firms, and
WHEREAS, staff recommends that the City enter into On-Call Agreements with Siegfried Engineering, Inc., for a one-year 75,000 per consultant, and a total amount not to exceed $225,000 over three years.

NOW, THEREFORE BE IT RESOLVED by the Council of the City of Modesto that it hereby approves an On-call Agreement with Siegfried Engineering, Inc., for OnCall Land Surveying Services for Various Capital Improvement projects,, for a one-year agreement with two one-year extension options, for an annual cost not to exceed $75,000, and a total not to exceed amount of $225,000 over three years.

BE IT FURTHER RESOLVED that the City Manager, or his designee, is hereby authorized to execute the Agreement in a form approved by the City Attorney. #17..
- 627 -
07/11/23/EngineeringServices/PKamble/Item 3 2023-
The foregoing resolution was introduced at a regular meeting of the Council of the City of Modesto held on the 11th day of July 2023, by Councilmember ?, who moved its adoption, which motion being duly seconded by Councilmember ?, was upon roll call carried and the resolution adopted by the following vote:

AYES: Councilmembers:

NOES: Councilmembers:

ABSENT: Councilmembers:

ATTEST:

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

BY: ____________________________________
JOSE M. SANCHEZ, City Attorney
#17..
- 628 -
07/11/23/EngineeringServices/PKamble/Item 1 2023-

MODESTO CITY COUNCIL
RESOLUTION NO. 2023-

RESOLUTION APPROVING AN ON-CALL AGREEMENT FOR LAND
SURVEYING SERVICES, WITH NORTHSTAR ENGINEERING, INC., FOR A

ONE-YEAR AGREEMENT WITH TWO ONE-YEAR EXTENSION OPTIONS, FOR AN ESTIMATED ANNUAL AMOUNT NOT TO EXCEED $75,000, AND A TOTAL AMOUNT NOT TO EXCEED $225,000 OVER THREE YEARS AND

AUTHORIZING THE CITY MANAGER, OR HIS DESIGNEE, TO EXECUTE

THE AGREEMENT
WHEREAS, the City’s survey staff is part of the Construction Administration Division housed within the Engineering Services Department and serves as the designated responsible Land Surveyor for the City, and
WHEREAS, from time-to-time, project workloads and permit workloads require more resources than the city survey staff has available internally, and WHEREAS, for those times, the Construction Administration Division staff will utilize the services of a professional land surveying firm, and WHEREAS, 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, and WHEREAS, 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 requirement, and
WHEREAS, furthermore, in accordance with Administrative Directive 3.1, Selection Procedures for Professional Consultants Who Provide Architectural & Engineering Services for Capital Projects, a Request for Qualification and Proposals #17..
- 629 -
07/11/23/EngineeringServices/PKamble/Item 2 2023-
(RFQ/RFP) was formally advertised through Planet Bids on November 22, 2022, for OnCall Land Surveying Services for Various Capital Improvement projects, and ten firms submitted responses to the RFQ-RFP, and
WHEREAS, after careful review of the Statement of Qualifications-& Proposals, staff determined that NorthStar Engineering, Inc., was one of three most qualified firms, and
WHEREAS, staff recommends that the City enter into On-Call Agreements with NorthStar Engineering, Inc., for a one-year 75,000 per consultant, and a total amount not to exceed $225,000 over three years.

NOW, THEREFORE BE IT RESOLVED by the Council of the City of Modesto that it hereby approves an On-call Agreement with NorthStar Engineering, Inc., for OnCall Land Surveying Services for Various Capital Improvement projects,, for a one-year agreement with two one-year extension options, for an annual cost not to exceed $75,000, and a total not to exceed amount of $225,000 over three years.

BE IT FURTHER RESOLVED that the City Manager, or his designee, is hereby authorized to execute the Agreement in a form approved by the City Attorney. #17..
- 630 -
07/11/23/EngineeringServices/PKamble/Item 3 2023-
The foregoing resolution was introduced at a regular meeting of the Council of the City of Modesto held on the 11th day of July 2023, by Councilmember ?, who moved its adoption, which motion being duly seconded by Councilmember ?, was upon roll call carried and the resolution adopted by the following vote:

AYES: Councilmembers:

NOES: Councilmembers:

ABSENT: Councilmembers:

ATTEST:

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

BY: ____________________________________
JOSE M. SANCHEZ, City Attorney
#17..
- 631 -
07/11/23/EngineeringServices/PKamble/Item 1 2023-

MODESTO CITY COUNCIL
RESOLUTION NO. 2023-

RESOLUTION APPROVING AN ON-CALL AGREEMENT FOR LAND
SURVEYING SERVICES, WITH O’DELL ENGINEERING, INC., FOR A ONEYEAR AGREEMENT WITH TWO ONE-YEAR EXTENSION OPTIONS, FOR AN ESTIMATED ANNUAL AMOUNT NOT TO EXCEED $75,000, AND A TOTAL AMOUNT NOT TO EXCEED $225,000 OVER THREE YEARS AND

AUTHORIZING THE CITY MANAGER, OR HIS DESIGNEE, TO EXECUTE

THE AGREEMENT
WHEREAS, the City’s survey staff is part of the Construction Administration Division housed within the Engineering Services Department and serves as the designated responsible Land Surveyor for the City, and
WHEREAS, from time-to-time, project workloads and permit workloads require more resources than the city survey staff has available internally, and WHEREAS, for those times, the Construction Administration Division staff will utilize the services of a professional land surveying firm, and WHEREAS, 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, and WHEREAS, 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 requirement, and
WHEREAS, furthermore, in accordance with Administrative Directive 3.1, Selection Procedures for Professional Consultants Who Provide Architectural & Engineering Services for Capital Projects, a Request for Qualification and Proposals #17..
- 632 -
07/11/23/EngineeringServices/PKamble/Item 2 2023-
(RFQ/RFP) was formally advertised through Planet Bids on November 22, 2022, for OnCall Land Surveying Services for Various Capital Improvement projects, and ten firms submitted responses to the RFQ-RFP, and
WHEREAS, after careful review of the Statement of Qualifications-& Proposals, staff determined that O’Dell Engineering, Inc., was one of three most qualified firms, and WHEREAS, staff recommends that the City enter into On-Call Agreements with O’Dell Engineering, Inc., for a one-year 75,000 per consultant, and a total amount not to exceed $225,000 over three years.

NOW, THEREFORE BE IT RESOLVED by the Council of the City of Modesto that it hereby approves an On-call Agreement with O’Dell Engineering, Inc., for On-Call Land Surveying Services for Various Capital Improvement projects,, for a one-year agreement with two one-year extension options, for an annual cost not to exceed $75,000, and a total not to exceed amount of $225,000 over three years.

BE IT FURTHER RESOLVED that the City Manager, or his designee, is hereby authorized to execute the Agreement in a form approved by the City Attorney #17..
- 633 -
07/11/23/EngineeringServices/PKamble/Item 3 2023-
The foregoing resolution was introduced at a regular meeting of the Council of the City of Modesto held on the 11th day of July 2023, by Councilmember ?, who moved its adoption, which motion being duly seconded by Councilmember ?, was upon roll call carried and the resolution adopted by the following vote:

AYES: Councilmembers:

NOES: Councilmembers:

ABSENT: Councilmembers:

ATTEST:

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

BY: ____________________________________
JOSE M. SANCHEZ, City Attorney
#17..
- 634 -
-1-

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 #17..
- 635 -
-2-
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 an estimated annual sum of SEVENTYFIVE 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.
#17..
- 636 -
-3-
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.
#17..
- 637 -
-4-

5. PERFORMANCE BY KEY EMPLOYEE.

Consultant has represented to City that ______________________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.

Title to Data
If, as a part of the agreement, Consultant is required to produce data such as, but not limited to, drawings, plans, specifications, calculations, models, flow diagrams, visual aids and other related materials, the originals of all such data generated under this agreement will be delivered to City upon the completion or termination of services under the contract.

All materials, documents, data or information obtained from the City data files or any City medium furnished to Consultant in the performance of this Agreement will at all times remain the property of the City. Such data or information may not be used or copied for direct or indirect use by Consultant after termination of this Agreement without written consent of the City.
#17..
- 638 -
-5-

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.

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 #17..
- 639 -
-6-
as independent contractors and not as agents, officers, or employees of City. Consultant, by virtue of this Agreement, has no authority to bind or incur any obligation on behalf of City.

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

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

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

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

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

If in the performance of this Agreement any third persons are employed by Consultant, such persons shall be entirely and exclusively under the direction, supervision, and control of Consultant. All terms of employment including hours, wages, working conditions, discipline, hiring, and discharging or any other term of employment or requirement of law shall be determined by the Consultant.
#17..
- 640 -
-7-
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 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 #17..
- 641 -
-8-
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.

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

In 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 #17..
- 643 -
-10-
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 automobile liability insurance policies. In addition, CONSULTANT shall provide CITY with a Workers Compensation subrogation waiver by way of a separate endorsement. All #17..
- 644 -
-11-
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.

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.
#17..
- 645 -
-12-
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;
#17..
- 646 -
-13-
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.
#17..
- 647 -
-14-
Authorization to Terminate Agreement
Termination of the Agreement may be invoked by the City Manager, or his/her designee, subject to the right of the Consultant to appeal the City Manager, or his/her designee’s, decision to the City Council. The Consultant shall appeal by notifying the City Clerk in writing within ten (10) calendar days of receipt of written notification from City of termination of the Agreement. In the event that termination of this Agreement is upheld by the City Council, any cessation of payment of delay claims, extended claims, Eichleay claims, or any other claims for delay shall be retroactive to the date of termination selected by the City Manager, or his/her designee.

16. CERTIFIED PAYROLL REQUIREMENT.

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

17. INDEMNITY.

The Consultant shall hold the City, 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 #17..
- 648 -
-15-
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.

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 #17..
- 649 -
-16-
to any claim or counterclaim less than ONE HUNDRED FIFTY THOUSAND AND 00/100 ($150,000.00) DOLLARS. In arbitration not proceeding under the “fast track” rules, the arbitrator shall have the power to order that depositions be taken and other discovery be made.

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

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

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

Notwithstanding anything in this provision to the contrary, the arbitrator shall have no power to award punitive damages or other damages not measured by the party’s actual damages (excluding litigation costs and fees) against any party. This limitation of the 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 #17..
- 650 -
-17-
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.

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

19. ENTIRE AGREEMENT.

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

20. PARTIAL INVALIDITY.

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

21. WAIVER.

The waiver by any party to this Agreement of a breach of any provision hereof shall be in writing and shall not operate or be construed as a waiver of any other or subsequent breach hereof unless specifically stated in writing. #17..
- 651 -
-18-

22. AUDIT.

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

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

23. GOVERNING LAW.

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

24. HEADINGS NOT CONTROLLING.

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

25. COMPLIANCE WITH LAWS.

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

26. CITY BUSINESS LICENSE.

Consultant will have a City of Modesto business license. #17..
- 652 -
-19-
IN WITNESS WHEREOF, the City of Modesto, a municipal corporation, has authorized the execution of this Agreement 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. #17..
- 653 -
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
#17..
- 654 -
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.
#17..
- 655 -
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
#17..
- 656 -
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.
#17..
- 657 -
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
#17..
- 658 -
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
#17..
- 659 -
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
#17..
- 660 -
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
#17..
- 661 -
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 #17..
- 662 -
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
#17..
- 663 -
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
#17..
- 664 -
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
#17..
- 665 -
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. #17..
- 666 -
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)
#17..
- 667 -
15 EXAMPLES OF DELIVERABLES: TOPOGRAPHIC SURVEY
G
G
G
G
G
G
G
G
G
G
G
G
G
G
G
G G
G G G
GG

TELE TELE TELE TELE TELE TELE TELE TELE TELE TELE TELE TELE TELE TELE
TELE
TELE
TELE
TELE
TELE
TELE
TELE
TELE
TELE
TELE
TELE
TELE
TELE
TELE

TELE TELE TELE

TELE TELE TELE TELE TELE TELE TELE TELE TELE
TELE
TELE
TELE
TELE
TELE
TELE
TELE
TELE
TELE
TELE
TELE
TELE
TELE
TELE
TELE
TELE
TELE
TELE
TELE
TELE
TELE
TELE
TELE
TELE
TELE

TELE TELE TELE TELE TELE

TELE TELE TELE

TELE TELE TELE TELE TELE TELE TELE TELE TELE TELE

TELE TELE TELE TELE
TELE

TELE TELE TELE TELE

TELE TELE TELE TELE TELE TELE

TELE TELE TELE TELE TELE

TELE TELE TELE
TELE
TELE
TELE

TELETELE TELE TELE TELE TELE

TELE TELE TELE TELE TELE
TELE
TELE
TELE
TELE
TELE
TELE
TELE
TELE
TELE
TELE
TELE
TELE
TELE
TELE
TELE
TELE

TELE TELE
TELE
TELE
SL SL
SL
SL
SL
SL
SL
SL
SL
SL
SL
SL
SL
SL
SL
SL
SL
SL
SL
SL
SL
SL

SL SL SL SL SL SL SL SL SL SL SL SL SL SL SL SL SL SL SL SL SL SL SL SL SL SL SL SL SL
SL
SL
SL
SL
SL
SL
SL
SL
SL
SL
SL
SL
SL
SL
SL

SL SL SL SL SL SL
SL
SL
SL
SL
SL
SL
SL

SL SL SL E E E E E

E E E E E E E E
E
E
E
E
E
E
E
E
E
E
E
E
E
E
E
E
E
E
E
E
E
E
E
E
E
E
E
E
E
E
E
E
E
E
E
E
E
E
E
E
E
E
E
E
E
E
E
E
E
E
E
E
E
E
E
E

E E E E E E E E E
E
E
E

E E E E E E E E E E
E
EE
E
E
E
E
E
E
E
E
E
E
E
E
E
E
E
E
E
E
E
E
EE
E

E E E E
E
E
EE
E

E E E E E
EE
DI DI
8 4
8 4
E
E
E

E E E E E E E E E E E E E E
E
E
E
E E
EEEE
EEEEE
E
E
E
EE

E E E E E E
FA

FA FA FA FA FA FA
FA
G
GG
SL
SL SL

SL SL SL SL SL SL SL SL SL SL
8 SSMH3-43NW
18 PVC

TELE TELE

TELE TELE TELE

TELE TELE
ICV
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
#17..
- 668 -
16 EXAMPLES OF DELIVERABLES: RECORD OF SURVEY
#17..
- 669 -
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
#17..
- 670 -
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
#17..
- 671 -
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 ■ ■ ■ ■ ■ ■ ■ ■
#17..
- 672 -
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 #17..
- 673 -
-1-

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 #17..
- 674 -
-2-
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 an estimated annual sum of SEVENTYFIVE 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.
#17..
- 675 -
-3-
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 ________________________ will be the person primarily responsible for the performance of the services referred to in this Agreement. City has entered into this Agreement in reliance on that representation by Consultant. Consultant therefore agrees that ten percent (10%) or more of the time to be devoted to the project that is the subject of this Agreement will be that of the above-named person.

6. OWNERSHIP OF DOCUMENTS/TITLE TO DATA.

7. NEWS AND INFORMATION RELEASE.

8. INTEREST OF CONTRACTOR.

9. AMENDMENTS.

10. INDEPENDENT CONTRACTOR.

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 #17..
- 678 -
-6-
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.
#17..
- 679 -
-7-
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 #17..
- 680 -
-8-
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 #17..
- 681 -
-9-
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 #17..
- 682 -
-10-
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 #17..
- 683 -
-11-
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.
#17..
- 684 -
-12-
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;
#17..
- 685 -
-13-
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.
#17..
- 686 -
-14-
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.

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 #17..
- 687 -
-15-
restricted by any requirement in this Agreement for Consultant to procure and maintain a policy of insurance.

18. DISPUTE RESOLUTION.

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

The “fast track’ rules of the American Arbitration Association shall apply #17..
- 688 -
-16-
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 #17..
- 689 -
-17-
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. #17..
- 691 -
-19-
IN WITNESS WHEREOF, the City of Modesto, a municipal corporation, has authorized the execution of this Agreement 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. #17..
- 692 -

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
#17..
- 693 -

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
#17..
- 694 -
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 #17..
- 695 -
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

#17..
- 696 -

QUALITY CONTROL
NorthStar offers a unique quality control program based on many years of design and construction experience. We have identiϐied consistent design related issues and have incorporated a system into our design process and our construction staking process to eliminate them. Our grading design assurance system includes preparation of a complete 3-D surface model of the existing ground surface and the design surface that is accurate in all areas of the site. Typically grading issues are encountered near buildings, in transition areas, along match lines, and along accessible routes. The 3-D surface model allows our designers to review contours, review match lines, analyze watershed patterns, and conϐirm minimum and maximum slopes. This process greatly reduces or eliminates typical site grading issues. We also calculate earthwork quantities utilizing the existing ground surface and the subgrade surface (which is created by adding in the structural sections to the ϐinish grade surface) to calculate accurate earthwork quantities which reduces or eliminates extra costs associated with unanticipated earthwork.

Our utility design assurance system includes preparation of utility models that are imported into 3-D proϐiles where minimum cover and minimum utility crossing clearances can be analyzed and veriϐied. The models include the existing ground proϐile, the utility proϐiles, and the ϐinish surface proϐiles. Most utility issues are encountered at utility crossings. One utility crossing problem can translate to raising or lowering an entire utility system. This issue may result in additional costs and time delays, and can typically be minimized or avoided by utilizing this design process.

Our detail assurance system includes preparation of details and cross sections in unusual transition areas or in areas too small to include proper notes, elevations, and slopes. We provide appropriate details and cross sections that clearly identify the challenging areas and call the Contractor’s attention to the areas prior to construction.

This system helps to minimize bid costs because the challenging areas are clearly delineated and it helps to avoid additional construction costs/schedule delays by providing the appropriate detail for the Contractor to understand how it should be constructed. The details and cross sections are typically speciϐied by the project designer since he has the intimate knowledge of where the challenging areas are located.

Our in-house quality control plan is implemented prior to each formal plan review submittal. We route a set of plans throughout engineering department and through our construction/survey department. This process is beneϐicial because everyone that reviews the plans looks for speciϐic issues that they have had challenges with in the past. Our engineering department personnel provide a review process based on their experience with regard to design related issues.

Our survey department provides a review process based on their experience with regard to construction related issues. This review process is typically performed by two engineers and two land surveyors. This process typically ϐlushes out any issues overlooked by the design team during the design/construction document phase. It also integrates hundreds of years of experience in each quality control review process. Our construction staking quality control process starts with in-house calculations to verify proposed elevations and slopes on all surface and underground improvements. This process quickly identiϐies elevations or slopes that are incorrect, typically the result of overlooking a revision or incurring a “typo”during plan preparation or plan revisions. Particular attention is applied to the problem areas described in our quality assurance program. This process identiϐies potential problems before construction begins, and it helps to identify and eliminate potential problems before construction begins. This process helps keep construction on schedule and helps eliminate construction issues.

City of Modesto RFQ 22-014 Land Surveying On-Call for
Capital Improvement Projects
Quality Control

Page 2 ends

" We pride ourselves on holding the extensive expertise, resources, and stability to maintain proficiency on every project we are engaged with " #17..
- 697 -

KEY PERSONNEL - PRINCIPALS

ANTHONY CANNELLA, PE

PRESIDENT
Mr. Cannella’s 30 years of experience includes land development, planning, and design for commercial and residential projects. His experience encompasses all aspects of Civil Engineering, specializing in project management and engineering design for large commercial, industrial, and residential projects, land and site development, road alignment and lot conϐiguration, along with integrated utility and grading planning. Mr. Cannella demonstrates his aptitude to interface with Clients and the public through his knowledge and experience in the industry, and with his comprehension of issues involving community and social relationships, citizens, and environmental concerns. He is adept at streamlining processes in the political and public arena, which is evident in his ability to complete projects on time and within budget.

EDUCATION
University of California, Davis
B.S. in Civil Engineering

YEARS EXPERIENCE
30 years
Years with Firm: 20 years

CERTIFICATIONS
Licensed Professional Engineer
California # 55377

SPECIALIZATION
• Commercial Projects • Industrial Projects • Land and Site Developments • Residential Projects • Road Alignment • Lot Conϐiguration • Integrated Utility • Grading Planning • Agency Coordination

KENT HYSELL, LS

CFO / DIRECTOR OF SURVEY
Mr. Hysell has over 40 years of experience in Land Surveying and his thorough understanding of a project, starting with the boundary and topographic survey, Mr. Hysell’s surveying expertise was developed in the Modesto ofϐice of Thompson-Hysell Engineers between 1983 and 2007. Mr. Hysell orchestrated a survey department having up to twelve survey crews and eight ofϐice surveyors at one time. Mr. Hysell also acted as the principal in charge of survey geomatics and helped grow the ofϐice to a 100-man ϐirm prior to his departure in 2007.

EDUCATION
California State University,
Stanislaus, General Curriculum

YEARS EXPERIENCE
40 years
Years with Firm: 13 years

CERTIFICATIONS
Professional Land Surveyor
California # LS6953

SPECIALIZATION
• Commercial Projects • Industrial Projects • School Projects • Residential Projects • Apartment Projects • Highways and Roads REFERENCE PROJECTS: Please see our Reference Project Section starting on Page

6. Kent Hysell was the Project Manager and oversaw all Surveying Services for each Project listed.

City of Modesto RFQ 22-014 Land Surveying On-Call for
Capital Improvement Projects
Key Personnel

Page 3 ends

#17..
- 698 -

KEY PERSONNEL - PRINCIPALS, CONTINUED

JOHN MENSONIDES

SECRETARY
Mr. Mensonides has over 28 years experience in the Surveying, Civil Engineering, and Land Development Industry. His areas of expertise are related to the strategic partnerships with Clients and Sub-Consultants and their growth. These partnerships encompass various business sectors ranging from municipalities, schools, commercial development, and residential development. Mr. Mensonides prides himself on customer service and always making sure the Client and the project come ϐirst. He always has his ear to the ground, making recommendations as to the strategic direction of the company.

EDUCATION
Dordt College, Sioux City, IA
B.A. Business Administration

YEARS EXPERIENCE
28 years
Years with Firm: 13 years

KEY PERSONNEL - LAND SURVEYORS

RIEN GROENEWOUD

LAND SURVEYOR, CERTIFIED FEDERAL LAND SURVEYOR
Mr. Groenewoud has worked in the Land Surveying industry for more than 40 years, of which the ϐirst 10 years were spent with the Cadastral Ofϐice of the Dutch Government in Rotterdam, and has extensive experience preparing Record of Surveys, Parcel Maps, Subdivision Maps, ALTA’s, and legal descriptions. Mr. Groenewoud’s experience covers all areas of the development industry, being it residential, commercial (including wind farms and solar farms) or public agency projects (including projects for CalTrans and N.R.C.S./C.W.A.). The wide variety of projects that Mr. Groenewoud has worked on allows him to have a unique understanding on what would be the EDUCATION most efϐicient way to approach a project and ϐinish it successfully.

C.T.O. Apeldoorn,
The Netherlands

YEARS EXPERIENCE
40 years
Years with Firm: 9 years

CERTIFICATIONS
Professional Land Surveyor
California # LS6946
Federal # CFED1267

6. Rien Groenewoud assisted in providing all Land Surveying Services for each Project listed.

City of Modesto RFQ 22-014 Land Surveying On-Call for
Capital Improvement Projects
Key Personnel

Page 4 ends

SPECIALIZATION
• Customer Relations • Company Development • Employee Recruitment • General Direction of Company Relative to Market Trends #17..
- 699 -

NIKKI CANNELLA

LAND SURVEYOR
Nikki has over 29 years of survey experience, with responsibilities ranging from facilitating ϐield work using conventional and GPS equipment, producing AutoCAD drawings, Record Maps and Legal Descriptions, and performing Boundary Analysis, property research and QA/QC reviews of Survey projects.

Nikki has worked on ALTA/ACSM land title surveys, boundary and topographic surveys with as-built surveys, construction staking projects, and route surveys.

Nikki has extensive experience in the preparation of land development project maps tentative maps, planning document and applications, boundary, topographic and aerial maps, ϐinal maps, parcel maps, corner records, plats, legal descriptions, and exhibits. Nikki also has experience in use of AutoCAD 2008, Land Development Desktop and Civil 3-D, and AutoDesk Map Cad.

EDUCATION
Modesto Junior College
General Curriculum

YEARS EXPERIENCE
30 years
Years with Firm: 10 years

CERTIFICATIONS
Professional Land Surveyor
California # LS9099

6. Nikki Cannella assisted in providing all Land Surveying Services for each Project listed.

KEY PERSONNEL - LAND SURVEYORS, CONTINUED

SIX - TWO MAN SURVEY FIELD CREWS

LAND SURVEYORS
NorthStar Survey Field Crews are professional, accurate, and diligent in accomplishing their tasks. Their range of ϐield services include Boundary, Survey topography, and Survey Construction Staking for residential and commercial developments. Other services include Horizontal and Vertical Control Networks, Plan Analysis, GPS Surveying and Field Staking for pipelines, roads, bridges, dams, levees, schools, ponds, buildings, and tunnels.

YEARS EXPERIENCE
40 years combined
(Party Chiefs)

OFFILIATIONS
Operating Engineers
Local No. 3

Page 6 ends

listed.

City of Modesto RFQ 22-014 Land Surveying On-Call for
Capital Improvement Projects
Key Personnel

Page 5 ends

#17..
- 700 -
Performed Professional Surveying services for the Right-of-Way Calculations and Monumentation in assistance for the preparation of the State Route 132 Improvements Plans being approximately 4 miles in length. NSE performed surveying services to including research of Record Maps, acquisition and review of preliminary title reports, Easement Calculations, and Right-of-Way Calculations. Field surveys were performed to set horizontal control relative to the initial project control surveys, recover existing Monuments and lines of occupation for use in Rightof-Way Calculations, and the referencing of Monuments for future preservation. The ϐinal deliverables are updated Caltrans Right-of-Way map, base map for the improvement plans, Pre-Construction Record of Survey Map, resolution of necessity map, preparation of Legal Descriptions and Plats for land acquisitions, relinquishment maps, transfer control and possession maps, and the creation of Parcel ϐiles.

KEY ISSUES AND RESOLUTION: Heavy trafϐic during construction hours caused delays with getting the roadways Surveyed. NorthStar enforced its safety plan and we completed the work on these projects in the evenings or early mornings when the trafϐic was at a minimum to ensure the safety of our crews and accuracy of the Survey of the site.

SPECIALTY AREAS AND SUB-CONSULTANT INVOLVEMENT: NorthStar completed all tasks in house and did not utilize any Sub-Consultants and or Specialty Consultants.

Performed a Topographic Survey 1,500 feet each direction from the intersection of Crowslanding Road and West Main Street. Survey services included record document research, record Right-of-Way Calculations, ϐield survey to establish horizontal and vertical control. Horizontal control was based on the North American Datum 1983. Vertical control was based on the North American Vertical Datum of 1988. Performed Construction Staking including Calculations and note preparation, horizontal and vertical control, Monument preservation, demolition and Right-of-Way limits, rough grade for roadways and ditches, underground utility staking, signalization, ϐinish grade for paving and curbs.

SPECIALTY AREAS AND SUB-CONSULTANT INVOLVEMENT: The Subconsultants that were utilized on this project were: Bollard Acoustical Consultants, Inc., Cogdill & Giomi, Davis King & Associates, HCS Engineering, JB Anderson Land Planning, Judith Buethe, KD Anderson and Associates, Inc., Kleinfelder West, Inc., Overland Paciϐic & Cutler and WF Bambas.

REFERENCE PROJECTS
City of Modesto RFQ 22-014 Land Surveying On-Call for
Capital Improvement Projects
Reference Projects

Page 6 ends

SR-132 EXPRESSWAY PHASE 1
Location: Modesto, CA
Client: Dokken Engineering, Inc.
110 Blue Ravine Road, Suite 200
Folsom, CA 95630; (916) 858-0642
Duration: July 2017 to 2019
Key Personnel Roles:

Kent Hysell LS6953 - Project Manager
Rien Groenewoud LS6946 - Land Surveyor

CROWSLANDING ROAD AND WEST MAIN STREET
Location: Stanislaus County, CA
Client: Stanislaus County Public Works
1716 Morgan Road
Modesto, CA 95358; (209) 525-4150
Duration: July 2011 to September 2016
Key Personnel Roles:
• Kent Hysell LS6953 - Project Manager
• Nikki Cannella LS9099 - Land Surveyor
#17..
- 701 -

REFERENCE PROJECTS , CONTINUED
City of Modesto RFQ 22-014 Land Surveying On-Call for
Capital Improvement Projects
Reference Projects

Page 7 ends

NorthStar performed Survey Services for Calculating the existing Right-of-way and a Topographic Survey of Pedras Road. Additionally, NorthStar performed Civil Engineering Design Services for an analysis of approximately 4,300 lineal feet of existing roadways and prepared Civil Improvement Plans for the associated Pedras Road improvements located in Turlock. The civil engineering services included the analysis of the existing road failures and determination of appropriate rehabilitation design measures for the Pedras Road improvements, accessibility improvements, storm drainage improvements, and erosion control measures while retroϐitting the proposed improvements within the existing road constraints consisting of existing utilities and various other existing improvements that were to remain.

The Civil Improvement Plans addressed construction details, site demolition, pavement delineation, horizontal control layout, detailed grading and drainage, storm drainage and erosion control measures for the development.

The plans were prepared and processed through the City of Turlock for approval.

SPECIALTY AREAS AND SUB-CONSULTANT INVOLVEMENT: NorthStar completed all tasks in house and did not utilize any Sub-Consultants and or Specialty Consultants.

This project is approximately a 30-million-dollar project for the replacement of the 7th Street Bridge over the Tuolumne River. The project included utility and mapping research, aerial photography, horizontal and vertical control surveys, right-of-way surveys including plats and legal descriptions for acquisition, river and roadway cross sections, topographic mapping, and AutoCAD drafting for base map preparation used in design.

KEY ISSUES AND RESOLUTION: No known issues during our time providing Surveying Services for this project.

SPECIALTY AREAS AND SUB-CONSULTANT INVOLVEMENT: NorthStar completed all tasks in house and did not utilize any Sub-Consultants and or Specialty Consultants.

CITY OF TURLOCK PEDRAS ROAD REHABILITATION
Location: Turlock, CA
Client: City of Turlock
156 S. Broadway
Turlock, CA 95380; (209) 668-5520
Duration: July 2021 - February 2022
Key Personnel Roles:
• Kent Hysell LS6953 - Project Manager
• Rien Groenewoud LS6946 - Land Surveyor
7TH STREET BRIDGE
Location: Stanislaus County, CA
Client: Mark Thomas
2833 Junction Avenue, Suite 110
San Jose, CA 95135; (408) 453-5373
Duration: June 2012 to 2022
Key Personnel Roles:
• Kent Hysell LS6953 - Project Manager
• Nikki Cannella LS9099 - Land Surveyor
#17..
- 702 -
Performed a Topographic Survey along Coffee Road from Briggsmore Avenue to E. Fairmont Avenue, along Orangeburg Avenue, E. Fairmont Avenue, El Terino Way, El Vecino Avenue, Ramona Avenue, and Gloria Way totaling ±7,700 LF of roadway topographic and right-of-way surveys. Survey services included record document research, record Right-ofWay Calculations, ϐield survey to establish horizontal and vertical control. Horizontal control was based on the North American Datum 1983 (NAD 83). Vertical control was based on the North American Vertical Datum of 1988 (NAVD 88). The topographic survey included roadway cross-sections on 50 foot intervals, existing utilities, curb, gutter, and sidewalks, striping, walls, street lights, trafϐic signals, signage, and other miscellaneous features. Provided a ϐinal topographic survey map and digital cad ϐiles.

SPECIALTY AREAS AND SUB-CONSULTANT INVOLVEMENT: NorthStar completed all tasks in house and did not utilize any Sub-Consultants and or Specialty Consultants.

City of Modesto RFQ 22-014 Land Surveying On-Call for
Capital Improvement Projects

COFFEE ROAD STRENGTHEN AND REPLACE WATER MAINS
Location: Modesto, CA
Client: City of Modesto
1010 10th Street, Suite 4600
Modesto, CA 95354; (209) 525-4150
Duration: July 2021 to September 2021
Key Personnel Roles:
• Kent Hysell LS6953 - Project Manager
• Rien Groenewoud LS6946 - Land Surveyor

REFERENCE PROJECTS, CONTINUED
Reference Projects

Page 8 ends

NORTHSTAR’S KEY TO SUCCESSFUL PROJECTS
#17..
- 703 -

DELIVERABLE EXAMPLES
Deliverable Examples

Page 9 ends

City of Modesto RFQ 22-014 Land Surveying On-Call for
Capital Improvement Projects

NORTHSTAR DELIVERABLE

EXAMPLES CAN BE FOUND IN THE

APPENDIX SECTION AT THE END OF

THIS RFP
#17..
- 704 -
NorthStar has focused on Public Consulting Services and the preparation and administration of construction documents for public projects. The “Reference Projects” section of this proposal lists a sampling of recent projects that NorthStar has successfully managed through the public process. We believe appropriate inclusion and management of the following project components form the backbone to every successful public works project.

Agency Involvement and Input:
• Critical to the success of the Project and Consultation to recognize and understand the value that public clients bring to each project.
• NorthStar has always followed the principle that the Public Agency (Owner) of a project is the most valuable resource for project information and guidance through the design process. As such, our success hinges on teamwork effort with our clients to accomplish the unique and individual goals of each project.

Construction Drawings and Speciϔications
• Clear, concise, and complete are a fundamental component of any public project. • NorthStar understands the importance of these items to limit costly change orders, disruptions, and project delays. We have experience with both CSI and CalTrans Speciϐications.

Bidding and Contract Documents
• Deϐine the scope of each project and deϐine limits that provide equal basis for competitive bid process. • Contract documents are tailored to the project and are intended to protect all interested parties.

Construction Management Services
• Provided by NorthStar, includes responding to Contractor requests for information (RFI’s), Schedule Administration, Technical Inspection, and Owner, Contractor and Engineer Coordination.

AGENCY / CONTRACTOR EXPERIENCE
City of Modesto RFQ 22-014 Land Surveying On-Call for
Capital Improvement Projects
Agency / Contractor Experience

Page 10 ends

Modesto City CouncilJuly 11, 2023

Modesto City Council
July 11, 2023