Modesto City Council
October 24, 2023

On February 6, 2007, Council, by Resolution No. 2007-88 accepted the Robertson Rd Sewer Improvements and providing Sanitary Sewer Service for the Stanislaus County infill area known as Robertson Rd Neighborhood.

On July 14, 2015, Council, by Resolution No. 2015-251, accepted the Airport Neighborhood Sewer Improvements Phase 1 Project as complete and annexing said improvement into Modesto Municipal Sewer District No. 1.

On September 8, 2015, Council, by Resolution No. 2015-340, accepted the Parklawn Neighborhood Sewer Improvements Project as complete and annexing said improvement into Modesto Municipal Sewer District No. 1.

On July 10, 2018, Council, by Resolution No. 2018-289, accepted the Airport Neighborhood Sewer Improvements Phase II Project as complete and annexing said improvements into Modesto Municipal Sewer District No 1.

DISCUSSION:

On July 1, 2008, the State Water Resources Control Board (SWRCB) adopted Resolution No. 2008-48 to assist small and/or disadvantaged communities (DACs) with wastewater needs.

This action prioritized addressing failing septic systems, as such systems can cause significant health and safety problems, endanger surface water uses and pose a threat to groundwater supplies.

The Utilities Department is actively pursuing State funding to protect our groundwater resources and to assist residents in DACs with a potential no “out-of-pocket” cost opportunity to transition from their existing septic systems to City wastewater services. Upon connection to City wastewater services, the City’s monthly sewer rate will be applicable to the customer.

If fully awarded, the financial assistance request to the SWRCB will include all planning, design and construction related expenses associated with the Septic to Sewer Project to benefit 956 unconnected parcels in the Airport, Bret Harte, Bystrom, Parklawn, Robertson Road and Shackelford neighborhoods.
#17..
- 956 -
City Council, October 24, 2023
California State Water Resources Control Board
Financial Assistance Application - Septic to Sewer Project

FISCAL IMPACT:

The City is seeking approximately $21,203,124 in funding for the Septic to Sewer Project:

Neighborhood Parcels
Planning, Design &
Construction Staff Time Total
Airport 251 $21,429 $750 $5,566,929
Bret Harte 95 $21,429 $750 $2,107,005
Bystrom 221 $21,429 $750 $4,901,559
Parklawn 142 $21,429 $750 $3,149,418
Robertson Rd 120 $21,429 $750 $2,661,480
Shackelford 127 $21,429 $750 $2,816,733
956 $21,203,124
Upon award, Staff will create and fund a project to house revenue and expenses associated with this Septic to Sewer Project. Reimbursement requests would be prepared and submitted quarterly, there is no local match requirement associated with this financial assistance.

CEQA/NEPA REQUIREMENTS:

An initial study will be required to determine the environmental requirements associated with the Septic to Sewer Project.

COMMITTEE RECOMMENDATION
This item was considered by the Finance Committee at the September 25, 2023 meeting where it was recommended that it be forwarded to Council.

RECOMMENDED COUNCIL ACTION:

Staff Recommendations:

Resolution approving the submission of a Financial Assistance Application to the California State Water Resources Control Board to fund the planning, design and construction of the Septic to Sewer Project, and authorizing the City Manager, or his designee to enter into a Financial Assistance Agreement and execute all related documents.

Approved by:

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

1. Resolution
#17..
- 957 -
1 2023-XX

MODESTO CITY COUNCIL
RESOLUTION NO. 2023-XXX

RESOLUTION APPROVING THE SUBMISSION OF A FINANCIAL

ASSISTANCE APPLICATION TO THE CALIFORNIA STATE WATER

RESOURCES CONTROL BOARD TO FUND THE PLANNING, DESIGN AND

CONSTRUCTION OF THE SEPTIC TO SEWER PROJECT, AND

AUTHORIZING THE CITY MANAGER, OR HIS DESIGNEE TO ENTER INTO

A FINANCIAL ASSISTANCE AGREEMENT AND EXECUTE ALL RELATED

DOCUMENTS
WHEREAS, the City of Modesto is applying for financial assistance from the State Water Resources Control Board to fund the Sepic to Sewer Project, RESOLVED BY THE CITY COUNCIL OF THE CITY OF MODESTO (the “Entity”), AS FOLLOWS:

1. The City Manager (the “Authorized Representative”) or designee is hereby authorized and directed to sign and file, for and on behalf of the Entity, a Financial Assistance Application for a financing agreement from the State Water Resources Control Board for the planning, design, and construction of the Septic to Sewer Project (the “Project”).

2. This Authorized Representative, or his/her designee, is designated to provide the assurances, certifications, and commitments required for the financial assistance application, including executing a financial assistance agreement from the State Water Resources Control Board and any amendments or changes thereto.

3. The Authorized Representative, or his/her designee, is designated to represent the Entity in carrying out the Entity’s responsibilities under the financing #17..
- 958 -
2 2023-XX
agreement, including certifying disbursement requests on behalf of the Entity and compliance with applicable state and federal laws.

The foregoing resolution was introduced at a regular meeting of the Council of the City of Modesto held on the 24th day of October, 2023, by Councilmember XXX, who moved its adoption, which motion being duly seconded by Councilmember XXX, 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
#17..
- 959 -
3 2023-XX

CERTIFICATION
I do hereby certify that the foregoing is a full, true, and correct copy of a resolution duly and regularly adopted at a meeting of the Modesto City Council held on the 24th of October 2023.
_____________________________
DIANE NAYARES-PEREZ, City Clerk
(seal)
#17..
- 960 -

CITY OF MODESTO

COUNCIL AGENDA REPORT
DATE OF MEETING:

October 24, 2023
Date: October 2, 2023
TO: Mayor and City Council
THROUGH: Joseph P. Lopez, City Manager
FROM: William Wong, Director of Utilities
SUBJECT: Award J.M. Pike Park Stormwater to Sanitary Sewer Cross Connection Removal and Water Main Project
CONTACT: David A. Felix, Associate Engineer, [email protected], 209-577-5488 DESCRIPTION:

Consider accepting the Plans and Specifications for the J.M. Pike Park Stormwater to Sanitary Sewer Cross Connection Removal and Water Main Project and Awarding a Construction Contract to Mozingo Construction, Inc., of Oakdale, CA, for a total amount not to exceed $33,850,794; approving an Agreement with West Yost Associates, of Davis, CA, for Construction Management and Inspection Services for a total amount not to exceed $3,196,966 and approving an Agreement with Woodard & Curran, Inc., of Sacramento, CA, for Engineering Support During Construction for a total amount not to exceed $484,482. (Funding Source: Wastewater and Water Funds)
STRATEGIC PLAN ELEMENT:

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

BACKGROUND:

In many areas of the City, there are no positive storm drain systems. In some of these areas, excess storm runoff drains directly into the sanitary sewer collection system by means of cross connections via surface inlets (catch basins). The City of Modesto’s 2007 Wastewater Master Plan (WWMP) identified a dramatic increase in the Peak Wet Weather Flow (PWWF) into the sanitary sewer collection system and ultimately into the City of Modesto Regional Water Recycling Facility – Sutter Campus (RWRF – Sutter Campus) following a storm event due to these cross connections. This increase in flow from the cross connections results in surcharging and potential overflows in the sanitary sewer collection system and could increase the costs of downstream Capital Improvement Program (CIP) Projects. Many of the 2007 WWMP CIP Projects were developed based on the removal of these cross connections.

The Area 2 Storm Drain to Sanitary Sewer Cross Connections Removal Final Preliminary Design Report identified a four-phase approach for the removal of cross connections in the Project area due to cost constraints; The J.M. Pike Park Stormwater to Sanitary Sewer Cross #18..
- 961 -
City Council, October 24, 2023
Award J.M. Pike Park Stormwater to Sanitary Sewer
Cross Connection Removal and Water Main Project

Connection Removal and Water Main Project (J.M. Pike Park Project) is the third phase. The first two phases, Garrison Park Project and Roosevelt Park Project, were successfully completed in 2014 and 2020, respectively. These first two phases have drastically reduced flooding in the local neighborhoods and have decreased PWWF draining into the wastewater collection system. The J.M. Pike Park Project will be the largest of the four phases and will bring significant benefits to the local neighborhoods such as the elimination of street flooding, local ground water recharge, improved water quality, and a reduction of PWWF into the wastewater collection system.

In addition to the stormwater and wastewater benefits, this project will also strengthen and replace the water infrastructure in the area. The Utilities Water Division has identified this area as having an aged and undersized water system prone to frequent maintenance issues such as low pressures and leaks. New mains, services, and fire hydrants currently located in alleys will be relocated to the streets for easier maintenance.

The JM Pike Park Project includes the following improvements:

Wastewater/Storm Drain
 Removal of 28 Non-Functioning Dry Wells
 Removal of 9 Stormwater to Sanitary Sewer Cross Connections  Installation of 10,566 Lineal Feet of Stormwater Pipe and Necessary Catch Basins  Replacement of Catch Basins in the Alignment that do not Comply with City of Modesto Standards
 New Curb, Gutter, and Sidewalks
 Installation of New Underground Stormwater Chambers for Percolation  Installation of a Pretreatment Device
Parks
 Improvements at J.M. Pike Park in Coordination with the Parks, Recreation & Neighborhoods Department
o Installation of New Irrigation Systems
o Installation of Efficient Turf Varieties and Drought Tolerant Trees o Installation of Raingarden
o Installation of New Pathways
Water
 Replacement of the Existing Aging Water System with City Standard Water Mains, Valves, Meters, and Hydrants to Improve System Reliability, Flows and Pressures o Approximately 17,213 8-Inch Water Mains and Necessary Appurtenances o Approximately 5,675 12-Inch Water Mains and Necessary Appurtenances o Installation of Fire Hydrants Based on City Standards o Abandonment of Existing Water Facilities Replaced by New System DISCUSSION:
#18..
- 962 -
City Council, October 24, 2023
Award J.M. Pike Park Stormwater to Sanitary Sewer
Cross Connection Removal and Water Main Project

The project was advertised for bids on July 25, 2023. Bids were publicly opened on September 12, 2023, pursuant to City Charter Section 1307 and Mozingo Construction, Inc., of Oakdale, CA, was the responsible bidder with the lowest responsive bid.

Bid Analysis:

Number of bids received 5
Number of bids within 10% of engineer’s estimate 3
Number of bids above the engineer’s estimate 4
Number of bids below the engineer’s estimate 1
Percent low bid is below the engineer’s estimate 2.51%
Mozingo Construction, Inc., of Oakdale, CA, was 2.51% below the engineer’s estimate. The next lowest bid was 7.04% above the engineer’s estimate. Three of the five bids were within 10% of the engineer’s estimate; where one was below the engineer’s estimate and two were above the engineer’s estimate. The highest bid was 26.28% above the engineer’s estimate.

Bidder competition and participation was evident as the City received five bids.

Modesto Municipal Code Section 8-3.203 generally requires all purchases, which meet or exceed $50,000 for material, equipment, or contractual services to follow the formal bid procedures. The award of Contract for the construction of the J.M. Pike Park Stormwater to Sanitary Sewer Cross Connection Removal and Water Main Project to Mozingo Construction, Inc., of Oakdale, CA, conforms to the Modesto Municipal Code because the City complied with the formal bid procedures and Mozingo Construction, Inc., of Oakdale, CA was the lowest responsive and responsible bidder.

The City’s “Change Order Approval Policy” enacted by Council Resolution No. 1994-443 on July 19, 1994, and revised on July 9, 2019, by Council Resolution No. 2019-326, and revised a second time on September 12, 2023, by Council Resolution 2023-405 established a Contract change order authority of 8% for Construction Contracts of this dollar value. However, after reviewing the plans and specifications, and given the nature of rehabilitation and storm drain projects of this magnitude where unforeseen utilities or buried structures, and other unaccounted for issues may arise, it is likely that this project could exceed the Director’s Authority of 8% ($2,461,876) of the Construction Contract amount of $30,773,449. Therefore, Staff is requesting that the Director’s Authority to issue change orders be increased to 10% ($3,077,345) of the Construction Contract amount.

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

Considering the size and complexity of the project, Staff recommends utilizing a consultant to provide Construction Management and Inspection Services. On July 19, 2023, a Request for Proposals (RFP) was issued for the J.M. Pike Park Project, to the City’s four prequalified firms who provide Construction Management and Inspection Services. Staff received proposals from three firms.
#18..
- 963 -
City Council, October 24, 2023
Award J.M. Pike Park Stormwater to Sanitary Sewer
Cross Connection Removal and Water Main Project

In accordance with Modesto Municipal Code 8-3.204(a) Exceptions to Formal Bidding Requirements, this agreement is for professional services and, therefore, exempt from the bid requirement. However, Staff proceeded with the RFP process pursuant to Administrative Directive 3.1. West Yost Associates previous experience with projects of similar size and scope, innovative data tracking and reporting, proposed work plan, and clear understanding of City procedures, policies, and standards, were all weighted criteria in the selection process; Therefore, Staff recommends approval of a Construction Management and Inspection Services Agreement with West Yost Associates for the J.M. Pike Park Project in the amount of $2,906,333, plus $290,633 in additional services, if needed, for a total amount not to exceed $3,196,966.

On June 14, 2022, by Resolution 2022-281, Council approved an Agreement with Woodard & Curran, Inc., of Sacramento, CA to provide Engineering Design Services for the J.M. Pike Park Project in an amount not to exceed $2,105,864.

Additionally, considering the size and complexity of the project and that Woodard & Curran, Inc. is the Engineer of Record for the project, Engineering Support During Construction services will be needed from Woodard & Curran, Inc. to ensure that the construction of the project meets the original design described in the plans and specifications. The scope of work will include reviewing materials submittals, requests for information, and field engineering support.

In accordance with Modesto Municipal Code 8-3.204(a) Exceptions to Formal Bidding Requirements, this agreement is for professional services and, therefore, exempt from the bid requirement. Staff recommends approval of an Engineering Services During Construcion Agreement with Woodard & Curran, Inc. for the J.M. Pike Park Project in the amount of $440,482, plus $44,000 in additional services, if needed, for a total amount not to exceed $484,482.

FISCAL IMPACT:

The total estimated cost for the construction phase of this project is $38,505,446. Expenses associated with this effort are housed in the following Capital Improvement Program Projects:
101313 – JM Pike Park CC Removal (Wastewater Fund)
100851 – Pike Park Neighborhood S & R (Water Fund)
#18..
- 964 -
City Council, October 24, 2023
Award J.M. Pike Park Stormwater to Sanitary Sewer
Cross Connection Removal and Water Main Project

On June 14, 2022, by Resolution No. 2022-280, Council approved a Grant Agreement for $10,000,000 with the State Water Resources Control Board to receive Proposition 1, Round 2 Stormwater Grant Funding for the J.M. Pike Park Project.

To fund this phase of the J.M. Pike Park Project a budget adjustment in the amount of $15,529,791 from Water ($4,884,378) and Wastewater ($10,645,413) Reserves will be necessary.

COMMITTEE RECOMMENDATION:

This item was considered by the Economic Development Committee at the September 4, 2019 meeting, where it was recommended that it be forwarded to Council. The delay between the Project Update to Committee and the award of the Construction Contract was associated with the necessary grant funding process for this Project.

CEQA/NEPA REQUIREMENTS:

The Area 2 Storm Drain Cross Connections Removal Project is discussed in the 2007 Wastewater Master Plan Environmental Impact Report. On March 13, 2007, by Resolution No. 2007-178, Council certified the Final Master Environmental Impact Report (EIR) for the City of Modesto (SCH# 2006052076) in accordance with the California Environmental Quality Act.

An initial California Environmental Quality Act (CEQA) Study/Finding of Conformance, EA/UTL No. 2020-09 was completed for the Project, and it was determined the Project complies with the Negative Declaration in the Master Plan EIR. The study provided the substantial evidence to support the required findings, and to adopt the Finding of Conformance for the proposed Project. Council approved these findings per Resolution No. 2022-18 on June 14, 2022.

RECOMMENDED COUNCIL ACTION:

Staff Recommendations:

Resolution approving Plans and Specifications for the J.M. Pike Park Stormwater to Sanitary Sewer Cross Connection Removal and Water Main Project, accepting the bid, and approving a Construction Contract with Mozingo Construction, Inc., of Oakdale, CA, in the amount of $30,773,449, plus $3,077,345 in contingency (if needed), for a total amount not to exceed $33,850,794 and authorizing the City Manager, or his designee, to execute the contract.

Resolution authorizing an increase in the Director’s Authority to issue Change Orders for the J.M. Pike Park Stormwater to Sanitary Sewer Cross Connection Removal and Water Main Project from 8% ($2,461,876) to 10% ($3,077,345) of the Construction Contract amount of $30,773,449 with Mozingo Construction, Inc., of Oakdale, CA.

Resolution approving an Agreement with West Yost Associates, of Davis, CA, for Construction Management and Inspection Services for the J.M. Pike Park Stormwater to Sanitary Sewer Cross Connection Removal and Water Main Project in the amount of $2,906,333, plus $290,633 in additional services, if needed, for a total amount not to exceed $3,196,966 and authorizing the City Manager, or his designee, to execute the Agreement.

Resolution approving an Agreement with Woodard & Curran, Inc., of Sacramento, CA, for Engineering Support During Construction for the J.M. Pike Park Stormwater to Sanitary Sewer Cross Connection Removal and Water Main Project, in an amount not to exceed $440,482 for the identified Scope of Services, plus $44,000 for additional services (if needed), for a total amount not to exceed $484,482 and authorizing the City Manager, or his designee, to execute the Agreement.
#18..
- 965 -
City Council, October 24, 2023
Award J.M. Pike Park Stormwater to Sanitary Sewer
Cross Connection Removal and Water Main Project

Resolution amending the Fiscal Year 2023-24 Capital Improvement Program Budget in the amount of $15,529,791 to fund the Construction Phase of the J.M. Pike Park Stormwater to Sanitary Sewer Cross Connection Removal and Water Main Project and authorizing the City Manager, or his designee, to implement the provisions of the Resolution.

Approved by:

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

1. Resolutions (5)

2. Construction Contract - Mozingo Construction, Inc.

3. Bid Results

4. Construction Management & Inspection Services Agreement plus Exhibits - West Yost Associates

5. Engineering Services During Construction Agreement plus Exhibits - Woodard & Curran, Inc.
#18..
- 966 -
1 2023-

MODESTO CITY COUNCIL
RESOLUTION NO. 2023-
RESOLUTION APPROVING PLANS AND SPECIFICATIONS FOR THE J.M.

PIKE PARK STORMWATER TO SANITARY SEWER CROSS CONNECTION

REMOVAL AND WATER MAIN PROJECT, ACCEPTING THE BID, AND

APPROVING A CONSTRUCTION CONTRACT WITH MOZINGO
CONSTRUCTION, INC., OF OAKDALE, CA, IN THE AMOUNT OF
$30,773,449, PLUS $3,077,345 IN CONTINGENCY (IF NEEDED), FOR A TOTAL AMOUNT NOT TO EXCEED $33,850,794 AND AUTHORIZING THE

CITY MANAGER, OR HIS DESIGNEE, TO EXECUTE THE CONTRACT
WHEREAS, plans and specifications have been prepared for the J.M. Pike Park Stormwater to Sanitary Sewer Cross Connection Removal and Water Main Project, and WHEREAS, the Project is the third phase of the stormwater to sanitary sewer cross connection removal program within Area 2 of the City, and WHEREAS, the Project will remove 9 cross connections and 28 nonfunctioning rockwells, install nearly 11,000 linear feet of storm drain piping, provide an underground storage system with pretreatment for stormwater at J.M. Pike Park, and install new irrigation and sod at J.M. Pike Park, and
WHEREAS, the Project will also replace over 23,000 linear feet of aging water system prone to leaks with new mains, valves, services, and fire hydrants, and WHEREAS, the Project was advertised for bids on July 25, 2023, and WHERAS, on September 12, 2023, bids were publicly opened, pursuant to City Charter Section 1307, five bids were received and Mozingo Construction Inc, of Oakdale, CA, was the responsible bidder with the lowest responsive bid, and #18..
- 967 -
2 2023-
WHEREAS, Modesto Municipal Code Section 8-3.203 generally requires all purchases, which meet or exceed $50,000 for material, equipment, or contractual services to follow the formal bid procedures, and
WHEREAS, the award of Contract for the construction of the J.M. Pike Park Stormwater to Sanitary Sewer Cross Connection Removal and Water Main Project to Mozingo Construction, Inc., of Oakdale, CA, conforms to the Modesto Municipal Code because the City complied with the formal bid procedures and Mozingo Construction, Inc., of Oakdale, CA was the lowest responsive and responsible bidder.

NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Modesto that it hereby approves the Plans and Specifications for the J.M. Pike Park Stormwater to Sanitary Sewer Cross Connection Removal and Water Main Project, accepts the bid, and awards a Construction Contract to Mozingo Construction, Inc., of Oakdale, CA, in the amount of $30,773,449, plus $3,077,345 in contingency (if needed), for a total amount not to exceed $33,850,794.

BE IT FURTHER RESOLVED that the City Manager, or his designee, is hereby authorized to execute the Contract, in a form approved by the City Attorney. #18..
- 968 -
3 2023-
The foregoing resolution was introduced at a regular meeting of the Council of the City of Modesto held on the 24th day of October 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:

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

BY: ____________________________________
JOSE M. SANCHEZ, City Attorney
#18..
- 969 -
1 2023-

MODESTO CITY COUNCIL
RESOLUTION NO. 2023-
RESOLUTION AUTHORIZING AN INCREASE IN THE DIRECTOR’S
AUTHORITY TO ISSUE CHANGE ORDERS FOR THE J.M. PIKE PARK

STORMWATER TO SANITARY SEWER CROSS CONNECTION REMOVAL
AND WATER MAIN PROJECT FROM 8% ($2,461,876) TO 10% ($3,077,345) OF THE CONSTRUCTION CONTRACT AMOUNT OF $30,773,449 WITH
MOZINGO CONSTRUCTION, INC., OF OAKDALE, CA
WHEREAS, the City’s “Change Order Approval Policy”, enacted by Council Resolution No. 94-443 on July 19, 1994, and updated by Resolution No. 2019-326 on July 9, 2019, and by Resolution No. 2023-405 on September 12, 2023, established a contract change order budget of 8% for projects over $10 Million, and WHEREAS, given the nature and complexity of rehabilitation projects and storm drain projects of this magnitude where unforeseen utilities or buried structures, and other unaccounted for issues may arise, additional work may be needed to address unexpected conditions that require changes in the project scope that may exceed the Director’s Authority of 8% ($2,461,876) of the contract amount of $30,773,449, and WHEREAS, staff is requesting authorization to increase the Directors authority to issue change orders to 10% ($3,077,345) of the contract amount of $30,773,449 due to the nature of the project and the unknown challenges.

NOW, THEREFORE BE IT RESOLVED by the Council of the City of Modesto that it hereby authorizes the Director of the Engineering Services Department to issue change orders for the J.M. Pike Park Stormwater to Sanitary Sewer Cross Connection Removal and Water Main Project from 8% ($2,461,876) to 10% ($3,077,345) of the #18..
- 970 -
2 2023-
construction contract price of $30,773,449 with Mozingo Construction Inc., of Oakdale, CA.

The foregoing resolution was introduced at a regular meeting of the Council of the City of Modesto held on the 24th day of October 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:

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

BY: ____________________________________
JOSE M. SANCHEZ, City Attorney
#18..
- 971 -
1 2023-

MODESTO CITY COUNCIL
RESOLUTION NO. 2023-

RESOLUTION APPROVING AN AGREEMENT WITH WEST YOST

ASSOCIATES, OF DAVIS, CA, FOR CONSTRUCTION MANAGEMENT AND INSPECTION SERVICES FOR THE J.M. PIKE PARK STORMWATER TO

SANITARY SEWER CROSS CONNECTION REMOVAL AND WATER MAIN
PROJECT IN THE AMOUNT OF $2,906,333, PLUS $290,633 IN ADDITIONAL

SERVICES, IF NEEDED, FOR A TOTAL AMOUNT NOT TO EXCEED
$3,196,966 AND AUTHORIZING THE CITY MANAGER, OR HIS DESIGNEE,

TO EXECUTE THE AGREEMENT
WHEREAS, in many areas of the City, there are no positive storm drain systems, and
WHEREAS, in some of these areas, excess storm runoff drains directly into the sanitary sewer collection system by means of cross connections via surface inlets, and WHEREAS, the City of Modesto’s 2007 Wastewater Master Plan identified a dramatic increase in the Peak Wet Weather Flow into the sanitary sewer collection system and ultimately into the City of Modesto Regional Water Recycling Facility – Sutter Campus following a storm event due to these cross connections, and WHEREAS, this increase in flow from the cross connections results in surcharging and potential overflows in the sanitary sewer collection system and could increase the costs of downstream Capital Improvement Program Projects, and WHEREAS, due to the size and complexity of this project, staff recommends utilizing a consultant to provide Construction Management and Inspection Services, and WHEREAS, on August 22, 2023, by Resolution No. 2023-379, Council approved a pre-qualified consultant list for Construction Management and Inspection Services for various Capital Improvement Program projects, and
#18..
- 972 -
2 2023-
WHEREAS, on July 18, 2023, a Request for Proposals (RFP) was issued for the J.M. Pike Park Stormwater to Sanitary Sewer Cross Connection Removal and Water Main Project, to the City’s four pre-qualified consultants who provide Construction Management and Inspection Services, and
WHEREAS, staff received proposals from three firms, and WHEREAS, in accordance with Modesto Municipal Code 8-3.204(a) Exceptions to Formal Bidding Requirements, this agreement is for professional services and, therefore, exempt from the bid requirement, and
WHEREAS, staff recommends an agreement with West Yost Associates, for Construction Management and Inspection Services for the J.M. Pike Park Stormwater to Sanitary Sewer Cross Connection Removal and Water Main Project.

NOW, THEREFORE BE IT RESOLVED, by the Council of the City of Modesto that it hereby approves an Agreement with West Yost Associates, in the amount of $2,906,333, plus $290,633 in additional services (if needed), for a total amount not to exceed $3,196,966 for Construction Management and Inspection Services for the J.M.

Pike Park Stormwater to Sanitary Sewer Cross Connection Removal and Water Main Project.

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

The foregoing resolution was introduced at a regular meeting of the Council of the City of Modesto held on the 24th day of October 2023, by Councilmember ?, who #18..
- 973 -
3 2023-
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:

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

BY: _______________________________________
JOSE M. SANCHEZ, City Attorney
#18..
- 974 -
1 2023-

MODESTO CITY COUNCIL
RESOLUTION NO. 2023-

RESOLUTION APPROVING AN AGREEMENT WITH WOODARD &
CURRAN, INC., OF SACRAMENTO, CA, FOR ENGINEERING SUPPORT DURING CONSTRUCTION FOR THE J.M. PIKE STORMWATER TO

SANITARY SEWER CROSS CONNECTION REMOVAL AND WATER MAIN
PROJECT, IN AN AMOUNT NOT TO EXCEED $440,482 FOR THE
IDENTIFIED SCOPE OF SERVICES, PLUS $44,000 FOR ADDITIONAL

SERVICES (IF NEEDED), FOR A TOTAL AMOUNT NOT TO EXCEED
$484,482 AND AUTHORIZING THE CITY MANAGER, OR HIS DESIGNEE TO

EXECUTE THE AGREEMENT
WHEREAS, on June 14, 2023 by Resolution No. 2022-281, Council approved an agreement with Woodard & Curran, Inc. for Final Design Services for the J.M. Pike Park Stormwater to Sanitary Sewer Cross Connection Removal and Water Main Project, and WHEREAS, considering the size and complexity of the J.M. Pike Park Stormwater to Sanitary Sewer Cross Connection Removal and Water Main Project Engineering Support During Construction will be necessary, and WHEREAS, Woodard & Curran, Inc. is the Engineer-of-Record for the project, Engineering Support During Construction will be needed from Woodard & Curran, Inc. to ensure construction of the facilities meets the original design described in the plans and specifications, and
WHEREAS, Administrative Directive 3.1 allows for an accelerated selection process, if in the best interest of the City, where a consultant may be secured for specific projects to provide professional services, and
WHEREAS, in accordance with Modesto Municipal Code 8-3.204 Exceptions to Formal Bidding Requirements, this agreement is for professional services and, therefore, exempt from the bid requirement.
#18..
- 975 -
2 2023-
NOW, THEREFORE BE IT RESOLVED by the Council of the City of Modesto that it hereby approves an agreement with Woodard & Curran, Inc., for Engineering Support During Construction for the J.M. Pike Park Stormwater to Sanitary Sewer Cross Connection Removal and Water Main Project in an amount not to exceed $440,482 for the identified scope of services, plus $44,000 for additional services, if needed, for a total amount not to exceed $484,482.

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. #18..
- 976 -
3 2023-
The foregoing resolution was introduced at a regular meeting of the Council of the City of Modesto held on the 24th day of October 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:

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

BY: ____________________________________
JOSE M. SANCHEZ, City Attorney
#18..
- 977 -
1 2023-

MODESTO CITY COUNCIL
RESOLUTION NO. 2023-
RESOLUTION AMENDING THE FISCAL YEAR 2023-24 CAPITAL
IMPROVEMENT PROGRAM BUDGET IN THE AMOUNT OF $15,529,791, TO FUND THE CONSTRUCTION PHASE OF THE J.M. PIKE PARK

STORMWATER TO SANITARY SEWER CROSS CONNECTION REMOVAL

AND WATER MAIN PROJECT AND AUTHORIZING THE CITY MANAGER,

OR HIS DESIGNEE, TO IMPLEMENT THE PROVISIONS OF THIS

RESOLUTION
WHEREAS, certain budgetary transactions are necessary in the amount of $15,529,791, in order to fund the J.M. Pike Park Stormwater to Sanitary Sewer Cross Connection Removal and Water Main Project, and
WHEREAS, the Fiscal Year 2023-24 Capital Improvement Program Budget must be amended.

NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Modesto that it hereby approves the amendment of the Fiscal Year 2023-24 Capital Improvement Program Budget in the amount of $15,529,791.

BE IT FURTHER RESOLVED that the City Manager, or his designee, is hereby authorized to implement the provisions of this resolution. #18..
- 978 -
2 2023-
The foregoing resolution was introduced at a regular meeting of the Council of the City of Modesto held on the 24th day of October 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:

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

BY: ____________________________________
JOSE M. SANCHEZ, City Attorney
#18..
- 979 -
1 City of Modesto
J.M. Park Stormwater to Sanitary Sewer to Cross
Connection Removal Project

CONTRACT
This Agreement, made and entered into in the City of Modesto, County of Stanislaus, State of California, this ______ day of _____________, 2023, by and between the City of Modesto, a municipal corporation of the State of California, hereinafter called City, and MOZINGO CONSTRUCTION, INC., a California Corporation, hereinafter called Contractor, R E C I T A L S :

WHEREAS, the City Manager of the City of Modesto, authorized the call for bids, approved the Plans and Specifications prepared under the direction of the Director of Utilities Department for the J.M. PIKE PARK STORMWATER TO SANITARY SEWER CROSS CONNECTION REMOVAL AND WATER MAIN PROJECT and directed the City Clerk to advertise for sealed bids for doing said work and providing that bids be submitted on the 12th day of September 2023; and
WHEREAS, the City Clerk, thereafter duly and regularly caused a notice to be published in the manner and for the time prescribed by law; and WHEREAS, Contractor, pursuant to the provisions of said notice duly filed a bid with the City Clerk, a true copy of which is now on file in the office of the City Clerk of the City of Modesto, and is hereby referred to and by this reference made a part hereof as fully as if set forth at length herein; and
WHEREAS, all bids received pursuant to said notice were opened and examined and publicly declared at the time specified in said advertisement for bids and at a regular meeting of the City Council held on the ______ day of ____________, 2023 by Resolution 2023-____ the Council found and declared the bid of Contractor to be the lowest responsive bid and thereupon awarded a Contract to Contractor to do the Work referred to in the aforementioned Plans and Specifications.
#18..
- 980 -
2 City of Modesto
J.M. Park Stormwater to Sanitary Sewer to Cross
Connection Removal Project
NOW, THEREFORE, the parties hereto mutually agree as follows:

1. SCOPE OF WORK, hereinafter called the Work.
a. Contractor shall furnish all labor, materials and equipment necessary to complete the Work as specified in the Plans and Specifications entitled J.M. PIKE

PARK STORMWATER TO SANITARY SEWER CROSS CONNECTION REMOVAL AND WATER MAIN PROJECT, City of Modesto, Utilities Department, Project Number 2023-18, and in strict accordance with the conditions of the complete Contract Documents. All incidental Work not included in the Contract Documents or specified herein which is necessary to complete the Work so as to provide the system described, or shown, shall be furnished and installed as part of this Agreement at no additional cost to the City. The Work shall be complete and ready for service as described in the Contract Documents to the satisfaction of the Director of Utilities. b. Contractor shall do and perform the Work contemplated hereby in a good and workmanlike manner under the direction of and to the satisfaction of the Director of Utilities of the City of Modesto.
c. Contractor shall do and perform the Work contemplated hereby and shall furnish all labor, materials, tools and equipment therefore at the prices herein specified to, wit:

CONTRACTOR’S BID
Item
No.

Item Description Unit of
Measure
Estimated
Quantity
Unit Price
(Figures)
Total Price
(Figures)
1 Traffic Control LS 1 $450,000.00 $450,000.00
2 Prepare and Implement SWPPP LS 1 $125,000.00 $125,000.00 3 Remove Catch Basin EA 21 $2,000.00 $42,000.00
4 Remove Cross Connection EA 9 $1,400.00 $12,600.00
5 Remove Sewer Manhole EA 1 $2,100.00 $2,100.00
6 Remove Sewer Cleanout EA 1 $325.00 $325.00
7 Abandon Rockwell EA 41 $7,700.00 $315,700.00
#18..
- 981 -
3 City of Modesto
J.M. Park Stormwater to Sanitary Sewer to Cross
Connection Removal Project
8 Remove Rockwell EA 5 $9,100.00 $45,500.00
9 Sawcut Pavement LF 80000 $1.50 $120,000.00
10 Remove & Dispose Pavement SY 15600 $3.00 $46,800.00
11 Concrete Curb & Gutter LF 740 $106.00 $78,440.00
12 New Concrete Curb & Gutter at Park LF 320 $105.00 $33,600.00 13 Concrete Sidewalk SF 3600 $25.00 $90,000.00
14 Mobilization and Demobilization LS 1 $1,500,000.00 $1,500,000.00 15 Truncated Domes SF 32 $100.00 $3,200.00
16 Hand Railing LF 12 $300.00 $3,600.00
17 Aggregate Base CY 10513 $70.00 $735,910.00
18 Hot Mix Asphalt TON 5323 $280.00 $1,490,440.00
19 Rock Well EA 2 $17,500.00 $35,000.00
20 Remove Pipe LF 1168 $40.00 $46,720.00
21 Abandon Pipe LF 23597 $18.00 $424,746.00
22 Remove Fire Hydrant EA 29 $3,200.00 $92,800.00
23 12" Storm Drain Pipe LF 310 $285.00 $88,350.00
24 18" Storm Drain Pipe LF 690 $310.00 $213,900.00
25 24" Storm Drain Pipe LF 489 $315.00 $154,035.00
26 24”x38” Elliptical Storm Drain Pipe LF 127 $550.00 $69,850.00 27 30" Storm Drain Pipe LF 4274 $240.00 $1,025,760.00
28 42" Storm Drain Pipe LF 3270 $425.00 $1,389,750.00
29 48" Storm Drain Pipe LF 320 $435.00 $139,200.00
30 54" Storm Drain Pipe LF 810 $470.00 $380,700.00
31 60" Storm Drain Pipe LF 1350 $450.00 $607,500.00
32 6" PVC SDR 26 Sewer Pipe LF 30 $575.00 $17,250.00
33 10" PVC SDR 26 Sewer Pipe LF 360 $205.00 $73,800.00
34 18" PVC SDR 26 Storm Pipe LF 40 $395.00 $15,800.00
35 Precast Manhole (4' Dia.) EA 13 $11,500.00 $149,500.00 36 Precast Manhole (5' Dia.) EA 8 $12,000.00 $96,000.00 37 Precast Manhole (Junction Box) EA 27 $18,500.00 $499,500.00 38 Catch Basin EA 40 $6,300.00 $252,000.00
39 Precast Sewer Manhole (4' Dia.) EA 2 $17,000.00 $34,000.00 40 Precast Sewer Manhole (5' Dia.) EA 1 $25,000.00 $25,000.00 41 8" C900 PVC Pipe LF 17000 $147.00 $2,499,000.00
42 12" C900 PVC Pipe LF 7840 $189.00 $1,481,760.00
43 8" DI 22.5 Elbow EA 18 $530.00 $9,540.00
44 8" DI 45 Elbow EA 8 $550.00 $4,400.00
45 8" DI 90 Elbow EA 1 $550.00 $550.00
46 8" DI Cross EA 2 $950.00 $1,900.00
47 8" Gate Valve EA 100 $3,300.00 $330,000.00
#18..
- 982 -
4 City of Modesto
J.M. Park Stormwater to Sanitary Sewer to Cross
Connection Removal Project
48 8" DI Tee EA 19 $875.00 $16,625.00
49 12" DI 22.5 Elbow EA 8 $900.00 $7,200.00
50 12" DI 45 Elbow EA 3 $1,005.00 $3,015.00
51 12" DI 90 Elbow EA 3 $1,100.00 $3,300.00
52 12" Gate Valve EA 1 $5,200.00 $5,200.00
53 12” Butterfly Valve EA 51 $4,000.00 $204,000.00
54 12" DI Tee EA 10 $1,600.00 $16,000.00
55 12"x4" DI Reducer EA 1 $1,000.00 $1,000.00
56 12"x8" DI Reducer EA 8 $775.00 $6,200.00
57 8"x4" DI Reducer EA 2 $750.00 $1,500.00
58 12"x8" DI Reducing Tee EA 11 $1,500.00 $16,500.00
59 8"x4" DI Reducing Tee EA 1 $700.00 $700.00
60 12"x10" DI Reducer EA 1 $800.00 $800.00
61 8"x6" DI Reducing Tee EA 4 $1,000.00 $4,000.00
62 12" x 8" DI Reducing Cross EA 1 $1,600.00 $1,600.00
63 Thrust Blocks <= 12" EA 103 $500.00 $51,500.00
64 Re-connect Existing Service Connection EA 31 $5,125.00 $158,875.00 65 New Service Connections - 1" EA 273 $10,250.00 $2,798,250.00 66 Fire Hydrants EA 49 $11,500.00 $563,500.00
67 Underground Infiltration System LS 1 $9,251,000.00 $9,251,000.00 68 Stormwater Pretreatment System EA 2 $100,000.00 $200,000.00 69 Stormwater Diversion System EA 2 $64,000.00 $128,000.00 70 Electrical LS 1 $126,000.00 $126,000.00
71 Site Grading (Mass/Fine) SF 253974 $0.50 $126,987.00 72 Hardscape Demolition & Off-haul - Park
Only
LS 1 $12,500.00 $12,500.00
73 Park Sign Removal EA 1 $4,500.00 $4,500.00
74 Backstop & Dugout Fence Removal LS 1 $6,500.00 $6,500.00 75 Infield Mix Removal SF 8857 $1.20 $10,628.40
76 Bollard Removal EA 71 $150.00 $10,650.00
77 Bleacher Removal EA 1 $1,900.00 $1,900.00
78 Park Light Removal LS 1 $10,000.00 $10,000.00
79 Drinking Fountain Removal LS 1 $1,700.00 $1,700.00
80 Electrical Conduit, Wire, and Utility Box
Removal
LS 1 $7,400.00 $7,400.00
81 Trash Receptacle Removal EA 5 $380.00 $1,900.00
82 Soccer Goal Removal EA 2 $950.00 $1,900.00
83 Tree Removal & Off-haul, including Stump
Grinding
EA 31 $875.00 $27,125.00
84 Tree Protection Fencing LS 1 $14,000.00 $14,000.00
85 Chain-Link Fence Removal LF 185 $17.00 $3,145.00
#18..
- 983 -
5 City of Modesto
J.M. Park Stormwater to Sanitary Sewer to Cross
Connection Removal Project
86 Construction Site Facilities LS 1 $152,000.00 $152,000.00 87 6" Storm Drain Piping LF 1175 $51.00 $59,925.00
88 8" Storm Drain Piping LF 200 $60.00 $12,000.00
89 Landscape Area Drains EA 7 $2,400.00 $16,800.00
90 Atrium Drains EA 3 $2,600.00 $7,800.00
91 6" Thick Concrete Flatwork - Site Finish
'A'
SF 17338 $12.50 $216,725.00
92 12" Concrete Wide Mow Curb - Site
Feature '4'
LF 804 $45.00 $36,180.00
93 Baseball Infield Mix - Site Finish 'D' SF 11915 $4.60 $54,809.00 94 Decomposed Granite (including Stabilizer)
– Site Finish ‘B’
SF 19017 $3.70 $70,362.90
95 8” Thick Concrete Flatwork (Maintenance
Turnouts) – Site Finish ‘I’
SF 3829 $10.00 $38,290.00
96 Cobble at Landscape Are Drains –Site
Finish ‘K’
SF 55 $15.00 $825.00
97 Aluminum Edging – Site Feature ‘6’ LF 804 $6.65 $5,346.60 98 Top Dressing – Decorative Bark Mulch –
Site Finish ‘H’
SF 19265 $0.85 $16,375.25
99 Trash Receptacles – Site Feature ‘1’ EA 6 $2,500.00 $15,000.00 100 Benches – Site Feature ‘2’ EA 4 $3,200.00 $12,800.00 101 Park Sign – Site Feature ‘3’ EA 1 $11,000.00 $11,000.00 102 Pitching Rubber - Site Feature ‘13’ EA 1 $355.00 $355.00 103 Home Plate – Site Feature ‘11’ EA 1 $515.00 $515.00 104 Bases – Site Feature ‘12’ LS 1 $765.00 $765.00
105 21' Dugout Benches - Site Feature '9' EA 2 $1,685.00 $3,370.00 106 Outdoor Storage Cabinet – Site Feature
‘10’
EA 1 $5,000.00 $5,000.00
107 Bat Rack - Site Feature '14' EA 2 $2,600.00 $5,200.00 108 20' Tall Backstop Fence - Site Feature '5' LF 217 $574.00 $124,558.00 109 8' Tall x 4.5' Wide Dugout Gate - Site
Feature '8'
EA 2 $2,150.00
110 8' Tall Dugout Fence - Site Feature '7' LF 135 $116.00 $15,660.00 111 Soccer Goals - Site Feature '26' EA 2 $8,000.00 $16,000.00 112 Fixed Bollards - Site Feature '22' EA 70 $925.00 $64,750.00 113 Removable Bollards - Site Feature '18' EA 15 $1,100.00 $16,500.00 114 4' Tall Chain-Link Fence - Site Feature '29' LF 82 $87.00 $7,134.00 115 Chain-Link Sliding Gate - Site Feature '30' EA 4 $4,300.00 $17,200.00 116 3 Row Bleachers - Site Feature '33' EA 2 $6,850.00 $13,700.00 117 Soil Conditioning & Amendments SF 181648 $0.30 $54,494.40 118 Turf Hydroseed SF 167806 $0.10 $16,780.60
119 5 Gallon Shrubs EA 603 $35.00 $21,105.00
120 15 Gallon Trees EA 41 $185.00 $7,585.00
121 Root Barriers LF 442 $8.00 $3,536.00
#18..
- 984 -
6 City of Modesto
J.M. Park Stormwater to Sanitary Sewer to Cross
Connection Removal Project
122 Top Dressing - Decorative Bark Mulch
(Shrub Areas Only)
SF 13852 $0.85 $11,774.20
123 90 Day Maintenance/Establishment Period SF 181648 $0.05 $9,082.40 124 Irrigation System SF 181648 $1.65 $299,719.20
125 Irrigation Booster Pump EA 1 $35,000.00 $35,000.00
126 Irrigation Controller EA 1 $12,000.00 $12,000.00
127 Sleeving LS 1 $22,000.00 $22,000.00
128 Tree Trimming LS 1 $25,000.00 $25,000.00
129 Potholing EA 100 $1,750.00 $175,000.00
TOTAL $30,773,448.95

2. CONTRACT DOCUMENTS. The complete Agreement between the parties consists of the documents listed below, including any addenda to these documents. The documents are complementary and provide for a complete work; if a discrepancy exists, the governing rank of the documents is set forth, in descending order:
a. Executed and signed, written Agreement;
b. Section 00800 Amendments and Supplements to the General Provisions c. All other sections of the Project Specifications;
d. Project Plans;
e. City Standard Details; current edition
f. City Standard Specifications; current edition
g. Revised State Standard Specifications;
h. State Standard Specifications;
i. Revised State Standard Plans;
j. State Standard Plans; and
k. All required Bonds.

All documents specified above are intended to operate so that any component of the Work called for in one and not mentioned in any other, or vice versa, is to be #18..
- 985 -
7 City of Modesto
J.M. Park Stormwater to Sanitary Sewer to Cross
Connection Removal Project
executed the same as if mentioned in all of the documents. The listed documents comprise the Contract Documents.

3. COMMENCEMENT AND COMPLETION OF THE WORK. The Work
contemplated herein shall be commenced on the date specified in the Notice to Proceed for this Agreement. Completion of the work shall comply with the Specification. The Notice to Proceed shall not be issued until the Director of Utilities receives and has on file:
a. Proofs of insurance (approved by City Risk Manager), b. Bonds (approved by the City Attorney),
c. City of Modesto Business License, and
d. Executed Agreement.

Contractor will not be held responsible for failure to complete the Work within the specified time if delay is due to matters beyond its reasonable control. Contractor shall make all good faith attempts to overcome or to minimize such matters, and to finish the Work in the shortest reasonable amount of time.

4. PAYMENT. Payment for the Work to be done under this Agreement shall be at the price set forth in Section 1 hereof, and in accordance with the Contract Documents, which are incorporated herein by this reference.

5. INDEMNITY. The Contractor 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 Contractor, or its agents, officers, employees, or volunteers relating to or during the performance of its obligations under this Agreement. This provision #18..
- 986 -
8 City of Modesto
J.M. Park Stormwater to Sanitary Sewer to Cross
Connection Removal Project
does not apply to claims, loss, liability, damage or expense arising from (a) the sole negligence or willful misconduct of the City, or (b) the active negligence of the City.

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

6. LIABILITY INSURANCE.

A. General
Contractor shall procure and maintain for the duration of this Agreement, and for the entire duration covered by the warranty bond, insurance as required by the Contract Documents and against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the Work by the Contractor, its agents, representatives, employees, or subcontractors.

B. Minimum Scope and Limit of Insurance
Coverage shall be at least as broad as:

1. Commercial General Liability (CGL): Insurance Services Office Form CG 00 01, including products and completed operations, with limits of no less than $3,000,000 per occurrence for bodily injury, personal injury, and property damage. If a general aggregate limit applies, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit.

2. Automobile Liability: Insurance Services Office Form Number CA 0001 covering Code 1 (any auto), with limits no less than $2,000,000 per accident for bodily injury and property damage.
#18..
- 987 -
9 City of Modesto
J.M. Park Stormwater to Sanitary Sewer to Cross
Connection Removal Project

3. Workers’ Compensation insurance as required by the State of California, with Statutory Limits, and Employers’ Liability insurance with a limit of no less than $1,000,000 per accident for bodily injury or disease.

4. Builder’s Risk (Course of Construction) insurance utilizing an “All Risk” (Special Perils) coverage form, with limits equal to the completed value of the project and no coinsurance penalty provisions, is required.

5. Professional Liability with limits no less than $1,000,000 per occurrence or claim, and $2,000,000 policy aggregate, is required.

6. Contractors’ Pollution Legal Liability and/or Asbestos Legal Liability and/or Errors and Omissions with limits no less than $1,000,000 per occurrence or claim, and $2,000,000 policy aggregate, is required.

C. Deductibles and Self-Insured Retentions
Any deductibles or self-insured retentions must be declared to and approved by the City. At the option of the City, either: the contractor shall cause the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects the City, its officers, officials, employees, and volunteers; or the Contractor shall provide a financial guarantee satisfactory to the City guaranteeing payment of losses and related investigations, claim administration, and defense expenses.

D. Other Insurance Provisions
The insurance policies are to contain, or be endorsed to contain, the following provisions:

1. The City, its officers, officials, employees, and volunteers are to be covered as additional insureds on the CGL and automobile liability policies with respect to liability arising out of work or operations performed by or on behalf of the Contractor #18..
- 988 -
10 City of Modesto
J.M. Park Stormwater to Sanitary Sewer to Cross
Connection Removal Project
including materials, parts, or equipment furnished in connection with such work or operations and automobiles owned, leased, hired, or borrowed by or on behalf of the Contractor. General liability coverage can be provided in the form of an endorsement to the Contractor’s insurance (at least as broad as ISO Form CG 20 10, 11 85 or both CG 20 10 and CG 23 37 forms if later revisions used).

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

3. Each insurance policy required by this clause shall provide that coverage shall not be canceled, except with notice to the City.

E. Builder’s Risk (Course of Construction) Insurance
Contractor may submit evidence of Builder’s Risk insurance in the form of Course of Construction coverage. Such coverage shall name the City as a loss payee as their interest may appear.

F. Claims Made Policies
If any coverage required is written on a claims-made coverage form:

1. The retroactive date must be shown, and this date must be before the execution date of the Agreement or the beginning of Contract Work.

2. Insurance must be maintained and evidence of insurance must be provided for at least five (5) years after completion of Contract Work. #18..
- 989 -
11 City of Modesto
J.M. Park Stormwater to Sanitary Sewer to Cross
Connection Removal Project

3. If coverage is canceled or non-renewed, and not replaced with another claims-made policy form with a retroactive date prior to the Agreement effective, or start of work date, the Contractor must purchase extended reporting period coverage for a minimum of five (5) years after completion of Contract Work.

4. A copy of the claims reporting requirements must be
submitted to the City for review.

5. If the services involve lead-based paint or asbestos identification/remediation, the Contractors Pollution Liability policy shall not contain lead-based paint or asbestos exclusions. If the services involve mold identification/remediation, the Contractors Pollution Liability policy shall not contain a mold exclusion, and the definition of Pollution shall include microbial matter, including mold.

G. Acceptability of Insurers
Insurance is to be placed with insurers with a current A.M. Best rating of no less than A: VII, unless otherwise acceptable to the City.

H. Waiver of Subrogation
Contractor hereby agrees to waive rights of subrogation which any insurer of Contractor may acquire from Contractor by virtue of the payment of any loss.

Contractor agrees to obtain any endorsement that may be necessary to affect this waiver of subrogation. The Workers’ Compensation policy shall be endorsed with a waiver of subrogation in favor of the City for all work performed by the Contractor, its employees, agents and subcontractors.

I. Verification of Coverage
Contractor shall furnish the City with original certificates and amendatory endorsements, or copies of the applicable insurance language, effecting coverage #18..
- 990 -
12 City of Modesto
J.M. Park Stormwater to Sanitary Sewer to Cross
Connection Removal Project
required by this Agreement. The Contractor must deliver certificates evidencing existence of the insurance and specified endorsements listed above to the Director of Utilities within 5 business days after the Notice of Award is received. However, failure to obtain the required documents prior to the work beginning shall not waive the Contractor’s obligation to provide them. The City reserves the right to require complete, certified copies of all required insurance policies, including endorsements, required by the Contract Documents, at any time.

J. Subcontractors
Contractor shall require and verify that all subcontractors maintain insurance for the duration of the project and through acceptance by City Council.

7. BONDS. The Contractor shall furnish City the following separate surety bonds:
a. Performance Bond. Within 5 business days after receipt of the Notice of Award and prior to commencement of Work, the Contractor shall furnish a separate surety bond in an amount equal to one hundred percent (100%) of the Agreement price, shall be for the faithful performance of the Agreement, shall be approved by City, and shall be secured from a surety or sureties satisfactory to City.
b. Payment Bond. Within 5 business days after receipt of the Notice of Award and prior to commencement of Work, the Contractor shall furnish a separate surety bond in an amount at least equal to one hundred percent (100%) of the Agreement price as security for the payment of all persons for furnishing materials, provisions, or other supplies, or items, used in, upon, for, or about the performance of the Work contracted to be done; or for performing any work or labor thereon of any kind, and for the payment of amounts due under the Unemployment Insurance Code with respect to such work or labor in connection with this Agreement, and for the payment of a reasonable attorney's fee to be fixed by the court in case #18..
- 991 -
13 City of Modesto
J.M. Park Stormwater to Sanitary Sewer to Cross
Connection Removal Project
suit is brought upon the bond.
c. Warranty Bond. Prior to issuance of a Notice of Completion for the contracted work, Contractor shall file with the City a Warranty Bond or equivalent security in the amount of ten percent (10%) of the estimated cost of the contracted work to guaranty and warranty the contracted work for a period of one (1) year following City Council acceptance thereof against any defective work or labor done, or defective materials furnished.

8. COMPLIANCE WITH ALL LAWS. Contractor hereby agrees that it and all subcontractors, if any, in the performance of the work described, designated and shown upon the Contract Documents herein referred to, will comply with all federal, state, county and municipal laws, rules and regulations which may be applicable to the work herein contracted for, whether now in existence or hereafter adopted.

9. TERMINATION OF AGREEMENT.

Termination by City for Default of Contractor
Should Contractor 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 Contractor. 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 Contractor, dishonesty or theft. Such termination shall be in accordance with the Contract Documents.

If this Agreement is terminated, Contractor shall cease all its work on the project as of the termination date and shall see to it that its employees, subcontractors and agents are notified of such termination and cease their work.

The Contractor understands and agrees that City may, in City's sole #18..
- 992 -
14 City of Modesto
J.M. Park Stormwater to Sanitary Sewer to Cross
Connection Removal Project
discretion, refuse to pay Contractor for that portion of Contractor's services which were performed by Contractor on the project prior to the termination date and which remain unacceptable and/or not useful to City as of the termination date.

Termination by City for Convenience
The City may terminate the Contractor'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 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) days written notice of its intent to terminate the Agreement for convenience, and shall endeavor to provide the Contractor with consultation with the City prior to termination.

A. Upon receipt of a written Notice of Termination pursuant to this section, the Contractor shall:

1. Cease its work as directed in the Notice of Termination as of the termination date and see to it that its employees, subcontractors and agents are notified of such termination and act as specified in the Notice of Termination;

2. Terminate all orders and Subcontractors except as
necessary to complete any portion of the Work that is not terminated;

3. If directed in writing by the City to do so, assign all right, title and interest in subcontracts and materials in progress #18..
- 993 -
15 City of Modesto
J.M. Park Stormwater to Sanitary Sewer to Cross
Connection Removal Project
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 subcontractors, but in no event shall recovery by any Contractor or subcontractor include lost profits for portions of the Work not completed or
undertaken, including materials not delivered;

4. Deliver or otherwise make available to the City all data, drawings, specifications, reports, estimates, summaries and such other information and material as may have been
accumulated by the Contractor in performing the Work
whether completed or in process;

5. Settle outstanding liabilities and claims, subject to the approval of City;

6. Complete performance of such part of the Work as has not been terminated;

7. 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;

8. If City so requests, and at City's cost, Contractor shall provide sufficient oral or written status reports to make City reasonably aware of the status of Contractor's work on the project.

B. City will pay Contractor an amount based on the percentage of work completed in accordance with the Notice of Termination. The final payment to the #18..
- 994 -
16 City of Modesto
J.M. Park Stormwater to Sanitary Sewer to Cross
Connection Removal Project
Contractor after termination for convenience shall be limited to amounts due and owing under the Agreement at time of termination, including the following:

1. Any actual costs incurred by the Contractor for restocking charges;

2. The agreed upon price of protecting the Work in any
manner, if any, as directed by the City;

3. The cost of settling and paying valid claims arising out of the termination of the Work such as subcontract
agreements or contracts for materials;

4. The Agreement price allocable to the portion of the Work properly performed or goods supplied by the Contractor as of the date of termination, as determined in accordance with the Notice of Termination, reduced by any sums
previously paid to the Contractor.

C. The City shall have the right to withhold any portion or the whole of the final payment under this provision in the event there are any outstanding Claims for compensation asserted either by the City against the Contractor or by any third party against the City or the Contractor which arise out of the Contractor's work.

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 Contractor to appeal the City Manager, or his/her designee’s, decision to the City Council. The Contractor shall appeal by notifying the City Clerk in writing within ten (10) business days of receipt of notification from City to terminate the Agreement. In the event that termination of this Agreement is upheld by the City Council, any #18..
- 995 -
17 City of Modesto
J.M. Park Stormwater to Sanitary Sewer to Cross
Connection Removal Project
valid claims for delay shall be retroactive to the date of termination selected by the City Manager, or his/her designee.

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

Contractor: Mozingo Construction, Inc.

Attn: Kurtis Mozingo
751 Wakefield Court
Oakdale, CA 95631
Phone (209) 848-0160, Fax (209) 848-0161
[email protected]

City: City of Modesto
Director of Utilities
P.O. Box 642
Modesto, CA 95353
Phone (209) 577-5215, Fax (209) 522-1780

Each party may change its address for delivery of notice by delivering written notice of such change of address to the other party.

11. WORKFORCE REQUIREMENTS. Contractor included both a signed Local Hire Certification as well as a Skilled and Trained Workforce Certification with its bid, and such certifications are incorporated herein by reference. Contractor shall comply with all applicable requirements, including record keeping requirements, of Articles 7 and 8 of Chapter 3 of the Modesto Municipal Code.

12. EXECUTION OF AGREEMENT. The undersigned signatory(ies) for Contractor warrant(s) and represent(s) that he/she/they is/are legally competent to execute the Agreement and has/have full authority to execute this Agreement. #18..
- 996 -
18 City of Modesto
J.M. Park Stormwater to Sanitary Sewer to Cross
Connection Removal Project

13. DISPUTE RESOLUTION. All claims, controversies, or disputes arising out of or relating to this Agreement, including its performance by either party, shall be finally resolved by arbitration in accordance with the Contract Documents.

14. MISCELLANEOUS. Time is of the essence of this Agreement. #18..
- 997 -
#18..
- 998 -
#18..
- 999 -
#18..
- 1000 -
#18..
- 1001 -

Bid Tabulation Monday, September 18, 2023
Project Title: J.M. Pike Park Stormwater to Sanitary Sewer Cross Connection Removal and Water Main Project
Project ID #: 2023-018
Vault ID #: 12-D-0559
Account #: 101313 &100851
Bid Opening: 9/12/2023 at 11:00 AM
Basis of Award: By Base Bid Designer: Woodard & Curran
Design Manager: David A. Felix
Project Description: The project will remove non-functioning rockwells and stormwater to sanitary sewer cross-connections, install new storm drain piping and inlets, a new underground stormwater storage system at J.M. Pike Park, and replace water mains, meters, services, and fire hydrants in select locations throughout the J.M. Pike Park neighborhood.

Item # Item Description Units Quantity Unit Price Extension Apparent Low Bidder
Mozingo Construction, Inc.
(209) 848-0160 751 Wakefield Ct., Oakdale, CA95361
Base Bid
1 Traffic Control LS 1 $450,000.00 $450,000.00
2 Prepare and Implement SWPPP LS 1 $125,000.00 $125,000.00 3 Remove Catch Basin EA 21 $2,000.00 $42,000.00
4 Remove Cross Connection EA 9 $1,400.00 $12,600.00
5 Remove Sewer Manhole EA 1 $2,100.00 $2,100.00
6 Remove Sewer Cleanout EA 1 $325.00 $325.00
7 Abandon Rockwell EA 41 $7,700.00 $315,700.00
8 Remove Rockwell EA 5 $9,100.00 $45,500.00
9 Sawcut Pavement LF 80000 $1.50 $120,000.00
10 Remove & Dispose Pavement SY 15600 $3.00 $46,800.00
11 Concrete Curb & Gutter LF 740 $106.00 $78,440.00
12 New Concrete Curb & Gutter at Park LF 320 $105.00 $33,600.00 13 Concrete Sidewalk SF 3600 $25.00 $90,000.00
14 Mobilization and Demobilization LS 1 $1,500,000.00 $1,500,000.00 15 Truncated Domes SF 32 $100.00 $3,200.00
16 Hand Railing LF 12 $300.00 $3,600.00
17 Aggregate Base CY 10513 $70.00 $735,910.00
18 Hot Mix Asphalt TON 5323 $280.00 $1,490,440.00
19 Rock Well EA 2 $17,500.00 $35,000.00
20 Remove Pipe LF 1168 $40.00 $46,720.00
21 Abandon Pipe LF 23597 $18.00 $424,746.00
22 Remove Fire Hydrant EA 29 $3,200.00 $92,800.00
23 12" Storm Drain Pipe LF 310 $285.00 $88,350.00
24 18" Storm Drain Pipe LF 690 $310.00 $213,900.00
25 24" Storm Drain Pipe LF 489 $315.00 $154,035.00
26 24”x38” Elliptical Storm Drain Pipe LF 127 $550.00 $69,850.00 27 30" Storm Drain Pipe LF 4274 $240.00 $1,025,760.00
#18..
- 1002 -

28 42" Storm Drain Pipe LF 3270 $425.00 $1,389,750.00
29 48" Storm Drain Pipe LF 320 $435.00 $139,200.00
30 54" Storm Drain Pipe LF 810 $470.00 $380,700.00
31 60" Storm Drain Pipe LF 1350 $450.00 $607,500.00
32 6" PVC SDR 26 Sewer Pipe LF 30 $575.00 $17,250.00
33 10" PVC SDR 26 Sewer Pipe LF 360 $205.00 $73,800.00
34 18" PVC SDR 26 Storm Pipe LF 40 $395.00 $15,800.00
35 Precast Manhole (4' Dia.) EA 13 $11,500.00 $149,500.00 36 Precast Manhole (5' Dia.) EA 8 $12,000.00 $96,000.00 37 Precast Manhole (Junction Box) EA 27 $18,500.00 $499,500.00 38 Catch Basin EA 40 $6,300.00 $252,000.00
39 Precast Sewer Manhole (4' Dia.) EA 2 $17,000.00 $34,000.00 40 Precast Sewer Manhole (5' Dia.) EA 1 $25,000.00 $25,000.00 41 8" C900 PVC Pipe LF 17000 $147.00 $2,499,000.00
42 12" C900 PVC Pipe LF 7840 $189.00 $1,481,760.00
43 8" DI 22.5 Elbow EA 18 $530.00 $9,540.00
44 8" DI 45 Elbow EA 8 $550.00 $4,400.00
45 8" DI 90 Elbow EA 1 $550.00 $550.00
46 8" DI Cross EA 2 $950.00 $1,900.00
47 8" Gate Valve EA 100 $3,300.00 $330,000.00
48 8" DI Tee EA 19 $875.00 $16,625.00
49 12" DI 22.5 Elbow EA 8 $900.00 $7,200.00
50 12" DI 45 Elbow EA 3 $1,005.00 $3,015.00
51 12" DI 90 Elbow EA 3 $1,100.00 $3,300.00
52 12" Gate Valve EA 1 $5,200.00 $5,200.00
53 12” Butterfly Valve EA 51 $4,000.00 $204,000.00
54 12" DI Tee EA 10 $1,600.00 $16,000.00
55 12"x4" DI Reducer EA 1 $1,000.00 $1,000.00
56 12"x8" DI Reducer EA 8 $775.00 $6,200.00
57 8"x4" DI Reducer EA 2 $750.00 $1,500.00
58 12"x8" DI Reducing Tee EA 11 $1,500.00 $16,500.00
59 8"x4" DI Reducing Tee EA 1 $700.00 $700.00
60 12"x10" DI Reducer EA 1 $800.00 $800.00
61 8"x6" DI Reducing Tee EA 4 $1,000.00 $4,000.00
62 12" x 8" DI Reducing Cross EA 1 $1,600.00 $1,600.00
63 Thrust Blocks <= 12" EA 103 $500.00 $51,500.00
64 Re-connect Existing Service Connection EA 31 $5,125.00 $158,875.00 65 New Service Connections - 1" EA 273 $10,250.00 $2,798,250.00 66 Fire Hydrants EA 49 $11,500.00 $563,500.00
67 Underground Infiltration System LS 1 $9,251,000.00 $9,251,000.00 68 Stormwater Pretreatment System EA 2 $100,000.00 $200,000.00 69 Stormwater Diversion System EA 2 $64,000.00 $128,000.00 70 Electrical LS 1 $126,000.00 $126,000.00
71 Site Grading (Mass/Fine) SF 253974 $0.50 $126,987.00 72 Hardscape Demolition & Off-haul – Park LS 1 $12,500.00 $12,500.00 Only
73 Park Sign Removal EA 1 $4,500.00 $4,500.00
74 Backstop & Dugout Fence Removal LS 1 $6,500.00 $6,500.00 75 Infield Mix Removal SF 8857 $1.20 $10,628.40
76 Bollard Removal EA 71 $150.00 $10,650.00
77 Bleacher Removal EA 1 $1,900.00 $1,900.00
78 Park Light Removal LS 1 $10,000.00 $10,000.00
79 Drinking Fountain Removal LS 1 $1,700.00 $1,700.00
#18..
- 1003 -

80 Electrical Conduit, Wire, and Utility Box LS 1 $7,400.00 $7,400.00 Removal
81 Trash Receptacle Removal EA 5 $380.00 $1,900.00
82 Soccer Goal Removal EA 2 $950.00 $1,900.00
83 Tree Removal & Off-haul, including Stump EA 31 $875.00 $27,125.00 Grinding
84 Tree Protection Fencing LS 1 $14,000.00 $14,000.00
85 Chain-Link Fence Removal LF 185 $17.00 $3,145.00
86 Construction Site Facilities LS 1 $152,000.00 $152,000.00 87 6" Storm Drain Piping LF 1175 $51.00 $59,925.00
88 8" Storm Drain Piping LF 200 $60.00 $12,000.00
89 Landscape Area Drains EA 7 $2,400.00 $16,800.00
90 Atrium Drains EA 3 $2,600.00 $7,800.00
91 6" Thick Concrete Flatrwork - Site Finish 'A' SF 17338 $12.50 $216,725.00 92 12" Concrete Wide Mow Curb - Site Feature LF 804 $45.00 $36,180.00 '4'
93 Baseball Infield Mix - Site Finish 'D' SF 11915 $4.60 $54,809.00 94 Decomposed Granite (including Stabilizer) – SF 19017 $3.70 $70,362.90 Site Finish ‘B’
95 8” Thick Concrete Flatwork (Maintenance SF 3829 $10.00 $38,290.00 Turnouts) – Site Finish ‘I’
96 Cobble at Landscape Are Drains –Site SF 55 $15.00 $825.00 Finish ‘K’
97 Aluminum Edging – Site Feature ‘6’ LF 804 $6.65 $5,346.60 98 Top Dressing – Decorative Bark Mulch – SF 19265 $0.85 $16,375.25 Site Finish ‘H’
99 Trash Receptacles – Site Feature ‘1’ EA 6 $2,500.00 $15,000.00 100 Benches – Site Feature ‘2’ EA 4 $3,200.00 $12,800.00 101 Park Sign – Site Feature ‘3’ EA 1 $11,000.00 $11,000.00 102 Pitching Rubber - Site Feature ‘13’ EA 1 $355.00 $355.00 103 Home Plate – Site Feature ‘11’ EA 1 $515.00 $515.00 104 Bases – Site Feature ‘12’ LS 1 $765.00 $765.00
105 21' Dugout Benches - Site Feature '9' EA 2 $1,685.00 $3,370.00 106 Outdoor Storage Cabinet – Site Feature ‘10’ EA 1 $5,000.00 $5,000.00 107 Bat Rack - Site Feature '14' EA 2 $2,600.00 $5,200.00 108 20' Tall Backstop Fence - Site Feature '5' LF 217 $574.00 $124,558.00 109 8' Tall x 4.5' Wide Dugout Gate - Site EA 2 $2,150.00 $4,300.00 Feature '8'
110 8' Tall Dugout Fence - Site Feature '7' LF 135 $116.00 $15,660.00 111 Soccer Goals - Site Feature '26' EA 2 $8,000.00 $16,000.00 112 Fixed Bollards - Site Feature '22' EA 70 $925.00 $64,750.00 113 Removable Bollards - Site Feature '18' EA 15 $1,100.00 $16,500.00 114 4' Tall Chain-Link Fence - Site Feature '29' LF 82 $87.00 $7,134.00 115 Chain-Link Sliding Gate - Site Feature '30' EA 4 $4,300.00 $17,200.00 116 3 Row Bleachers - Site Feature '33' EA 2 $6,850.00 $13,700.00 117 Soil Conditioning & Amendments SF 181648 $0.30 $54,494.40 118 Turf Hydroseed SF 167806 $0.10 $16,780.60
119 5 Gallon Shrubs EA 603 $35.00 $21,105.00
120 15 Gallon Trees EA 41 $185.00 $7,585.00
121 Root Barriers LF 442 $8.00 $3,536.00
122 Top Dressing - Decorative Bark Mulch SF 13852 $0.85 $11,774.20 (Shrub Areas Only)
123 90 Day Maintenance/Establishment Period SF 181648 $0.05 $9,082.40 124 Irrigation System SF 181648 $1.65 $299,719.20
#18..
- 1004 -

125 Irrigation Booster Pump EA 1 $35,000.00 $35,000.00
126 Irrigation Controller EA 1 $12,000.00 $12,000.00
127 Sleeving LS 1 $22,000.00 $22,000.00
128 Tree Trimming LS 1 $25,000.00 $25,000.00
129 Potholing EA 100 $1,750.00 $175,000.00
Total: $30,773,448.95
Percent From Engineer's Estimate: -2.51%
Teichert Construction
(916) 767-6400 400 Sunrise Ave, Suite 300, Roseville, CA 95661 Base Bid
1 Traffic Control LS 1 $752,900.95 $752,900.95
2 Prepare and Implement SWPPP LS 1 $175,000.00 $175,000.00 3 Remove Catch Basin EA 21 $4,700.00 $98,700.00
4 Remove Cross Connection EA 9 $1,550.00 $13,950.00
5 Remove Sewer Manhole EA 1 $3,900.00 $3,900.00
6 Remove Sewer Cleanout EA 1 $1,850.00 $1,850.00
7 Abandon Rockwell EA 41 $6,900.00 $282,900.00
8 Remove Rockwell EA 5 $11,500.00 $57,500.00
9 Sawcut Pavement LF 80000 $4.50 $360,000.00
10 Remove & Dispose Pavement SY 15600 $3.00 $46,800.00
11 Concrete Curb & Gutter LF 740 $112.00 $82,880.00
12 New Concrete Curb & Gutter at Park LF 320 $52.00 $16,640.00 13 Concrete Sidewalk SF 3600 $30.00 $108,000.00
14 Mobilization and Demobilization LS 1 $3,300,000.00 $3,300,000.00 15 Truncated Domes SF 32 $660.00 $21,120.00
16 Hand Railing LF 12 $210.00 $2,520.00
17 Aggregate Base CY 10513 $46.00 $483,598.00
18 Hot Mix Asphalt TON 5323 $209.00 $1,112,507.00
19 Rock Well EA 2 $23,000.00 $46,000.00
20 Remove Pipe LF 1168 $91.00 $106,288.00
21 Abandon Pipe LF 23597 $14.00 $330,358.00
22 Remove Fire Hydrant EA 29 $1,900.00 $55,100.00
23 12" Storm Drain Pipe LF 310 $252.00 $78,120.00
24 18" Storm Drain Pipe LF 690 $258.00 $178,020.00
25 24" Storm Drain Pipe LF 489 $288.00 $140,832.00
26 24”x38” Elliptical Storm Drain Pipe LF 127 $429.00 $54,483.00 27 30" Storm Drain Pipe LF 4274 $320.00 $1,367,680.00
28 42" Storm Drain Pipe LF 3270 $528.00 $1,726,560.00
29 48" Storm Drain Pipe LF 320 $575.00 $184,000.00
30 54" Storm Drain Pipe LF 810 $668.00 $541,080.00
31 60" Storm Drain Pipe LF 1350 $726.00 $980,100.00
32 6" PVC SDR 26 Sewer Pipe LF 30 $438.00 $13,140.00
33 10" PVC SDR 26 Sewer Pipe LF 360 $284.00 $102,240.00 34 18" PVC SDR 26 Storm Pipe LF 40 $363.00 $14,520.00
35 Precast Manhole (4' Dia.) EA 13 $9,000.00 $117,000.00 36 Precast Manhole (5' Dia.) EA 8 $9,800.00 $78,400.00
37 Precast Manhole (Junction Box) EA 27 $38,300.00 $1,034,100.00 38 Catch Basin EA 40 $6,700.00 $268,000.00
39 Precast Sewer Manhole (4' Dia.) EA 2 $11,800.00 $23,600.00 40 Precast Sewer Manhole (5' Dia.) EA 1 $20,300.00 $20,300.00 #18..
- 1005 -

41 8" C900 PVC Pipe LF 17000 $121.00 $2,057,000.00
42 12" C900 PVC Pipe LF 7840 $171.00 $1,340,640.00
43 8" DI 22.5 Elbow EA 18 $520.00 $9,360.00
44 8" DI 45 Elbow EA 8 $650.00 $5,200.00
45 8" DI 90 Elbow EA 1 $650.00 $650.00
46 8" DI Cross EA 2 $2,650.00 $5,300.00
47 8" Gate Valve EA 100 $3,375.00 $337,500.00
48 8" DI Tee EA 19 $1,000.00 $19,000.00
49 12" DI 22.5 Elbow EA 8 $1,000.00 $8,000.00
50 12" DI 45 Elbow EA 3 $1,100.00 $3,300.00
51 12" DI 90 Elbow EA 3 $3,125.00 $9,375.00
52 12" Gate Valve EA 1 $6,200.00 $6,200.00
53 12” Butterfly Valve EA 51 $4,925.00 $251,175.00
54 12" DI Tee EA 10 $2,050.00 $20,500.00
55 12"x4" DI Reducer EA 1 $1,200.00 $1,200.00
56 12"x8" DI Reducer EA 8 $875.00 $7,000.00
57 8"x4" DI Reducer EA 2 $775.00 $1,550.00
58 12"x8" DI Reducing Tee EA 11 $2,950.00 $32,450.00
59 8"x4" DI Reducing Tee EA 1 $775.00 $775.00
60 12"x10" DI Reducer EA 1 $3,650.00 $3,650.00
61 8"x6" DI Reducing Tee EA 4 $1,450.00 $5,800.00
62 12" x 8" DI Reducing Cross EA 1 $1,650.00 $1,650.00
63 Thrust Blocks <= 12" EA 103 $375.00 $38,625.00
64 Re-connect Existing Service Connection EA 31 $6,200.00 $192,200.00 65 New Service Connections - 1" EA 273 $6,550.00 $1,788,150.00 66 Fire Hydrants EA 49 $11,625.00 $569,625.00
67 Underground Infiltration System LS 1 $6,894,000.00 $6,894,000.00 68 Stormwater Pretreatment System EA 2 $65,000.00 $130,000.00 69 Stormwater Diversion System EA 2 $39,000.00 $78,000.00 70 Electrical LS 1 $161,600.00 $161,600.00
71 Site Grading (Mass/Fine) SF 253974 $13.50 $3,428,649.00 72 Hardscape Demolition & Off-haul – Park LS 1 $8,800.00 $8,800.00 Only
73 Park Sign Removal EA 1 $1,700.00 $1,700.00
74 Backstop & Dugout Fence Removal LS 1 $13,200.00 $13,200.00 75 Infield Mix Removal SF 8857 $0.30 $2,657.10
76 Bollard Removal EA 71 $225.00 $15,975.00
77 Bleacher Removal EA 1 $1,400.00 $1,400.00
78 Park Light Removal LS 1 $11,000.00 $11,000.00
79 Drinking Fountain Removal LS 1 $1,000.00 $1,000.00
80 Electrical Conduit, Wire, and Utility Box LS 1 $7,000.00 $7,000.00 Removal
81 Trash Receptacle Removal EA 5 $300.00 $1,500.00
82 Soccer Goal Removal EA 2 $650.00 $1,300.00
83 Tree Removal & Off-haul, including Stump EA 31 $1,285.00 $39,835.00 Grinding
84 Tree Protection Fencing LS 1 $50,000.00 $50,000.00
85 Chain-Link Fence Removal LF 185 $25.00 $4,625.00
86 Construction Site Facilities LS 1 $300,000.00 $300,000.00 87 6" Storm Drain Piping LF 1175 $30.00 $35,250.00
88 8" Storm Drain Piping LF 200 $41.00 $8,200.00
89 Landscape Area Drains EA 7 $2,400.00 $16,800.00
#18..
- 1006 -

90 Atrium Drains EA 3 $1,800.00 $5,400.00
91 6" Thick Concrete Flatrwork - Site Finish 'A' SF 17338 $15.00 $260,070.00 92 12" Concrete Wide Mow Curb - Site Feature LF 804 $47.00 $37,788.00 '4'
93 Baseball Infield Mix - Site Finish 'D' SF 11915 $4.60 $54,809.00 94 Decomposed Granite (including Stabilizer) – SF 19017 $3.70 $70,362.90 Site Finish ‘B’
95 8” Thick Concrete Flatwork (Maintenance SF 3829 $16.00 $61,264.00 Turnouts) – Site Finish ‘I’
96 Cobble at Landscape Are Drains –Site SF 55 $15.00 $825.00 Finish ‘K’
97 Aluminum Edging – Site Feature ‘6’ LF 804 $6.65 $5,346.60 98 Top Dressing – Decorative Bark Mulch – SF 19265 $0.85 $16,375.25 Site Finish ‘H’
99 Trash Receptacles – Site Feature ‘1’ EA 6 $2,500.00 $15,000.00 100 Benches – Site Feature ‘2’ EA 4 $3,200.00 $12,800.00 101 Park Sign – Site Feature ‘3’ EA 1 $11,000.00 $11,000.00 102 Pitching Rubber - Site Feature ‘13’ EA 1 $360.00 $360.00 103 Home Plate – Site Feature ‘11’ EA 1 $520.00 $520.00 104 Bases – Site Feature ‘12’ LS 1 $770.00 $770.00
105 21' Dugout Benches - Site Feature '9' EA 2 $1,700.00 $3,400.00 106 Outdoor Storage Cabinet – Site Feature ‘10’ EA 1 $3,500.00 $3,500.00 107 Bat Rack - Site Feature '14' EA 2 $2,600.00 $5,200.00 108 20' Tall Backstop Fence - Site Feature '5' LF 217 $659.00 $143,003.00 109 8' Tall x 4.5' Wide Dugout Gate - Site EA 2 $2,350.00 $4,700.00 Feature '8'
110 8' Tall Dugout Fence - Site Feature '7' LF 135 $131.00 $17,685.00 111 Soccer Goals - Site Feature '26' EA 2 $8,000.00 $16,000.00 112 Fixed Bollards - Site Feature '22' EA 70 $925.00 $64,750.00 113 Removable Bollards - Site Feature '18' EA 15 $1,100.00 $16,500.00 114 4' Tall Chain-Link Fence - Site Feature '29' LF 82 $101.00 $8,282.00 115 Chain-Link Sliding Gate - Site Feature '30' EA 4 $4,750.00 $19,000.00 116 3 Row Bleachers - Site Feature '33' EA 2 $6,850.00 $13,700.00 117 Soil Conditioning & Amendments SF 181648 $0.30 $54,494.40 118 Turf Hydroseed SF 167806 $0.10 $16,780.60
119 5 Gallon Shrubs EA 603 $35.00 $21,105.00
120 15 Gallon Trees EA 41 $185.00 $7,585.00
121 Root Barriers LF 442 $8.00 $3,536.00
122 Top Dressing - Decorative Bark Mulch SF 13852 $0.85 $11,774.20 (Shrub Areas Only)
123 90 Day Maintenance/Establishment Period SF 181648 $0.05 $9,082.40 124 Irrigation System SF 181648 $1.70 $308,801.60
125 Irrigation Booster Pump EA 1 $35,000.00 $35,000.00
126 Irrigation Controller EA 1 $22,000.00 $22,000.00
127 Sleeving LS 1 $22,000.00 $22,000.00
128 Tree Trimming LS 1 $26,000.00 $26,000.00
129 Potholing EA 100 $750.00 $75,000.00
Total: $33,790,623.00
Percent From Engineer's Estimate: 7.04%
#18..
- 1007 -

Andrew M. Jordan Inc. dba A&B Construction
(510) 999-6000 225 3rd Street, Oakland, CA 94607
Base Bid
1 Traffic Control LS 1 $460,000.00 $460,000.00
2 Prepare and Implement SWPPP LS 1 $87,000.00 $87,000.00 3 Remove Catch Basin EA 21 $2,000.00 $42,000.00
4 Remove Cross Connection EA 9 $4,000.00 $36,000.00
5 Remove Sewer Manhole EA 1 $2,500.00 $2,500.00
6 Remove Sewer Cleanout EA 1 $1,000.00 $1,000.00
7 Abandon Rockwell EA 41 $4,400.00 $180,400.00
8 Remove Rockwell EA 5 $4,400.00 $22,000.00
9 Sawcut Pavement LF 80000 $1.20 $96,000.00
10 Remove & Dispose Pavement SY 15600 $14.00 $218,400.00 11 Concrete Curb & Gutter LF 740 $112.00 $82,880.00
12 New Concrete Curb & Gutter at Park LF 320 $123.00 $39,360.00 13 Concrete Sidewalk SF 3600 $21.00 $75,600.00
14 Mobilization and Demobilization LS 1 $1,400,000.00 $1,400,000.00 15 Truncated Domes SF 32 $50.00 $1,600.00
16 Hand Railing LF 12 $200.00 $2,400.00
17 Aggregate Base CY 10513 $50.00 $525,650.00
18 Hot Mix Asphalt TON 5323 $275.00 $1,463,825.00
19 Rock Well EA 2 $9,225.00 $18,450.00
20 Remove Pipe LF 1168 $57.00 $66,576.00
21 Abandon Pipe LF 23597 $4.00 $94,388.00
22 Remove Fire Hydrant EA 29 $960.00 $27,840.00
23 12" Storm Drain Pipe LF 310 $420.00 $130,200.00
24 18" Storm Drain Pipe LF 690 $440.00 $303,600.00
25 24" Storm Drain Pipe LF 489 $460.00 $224,940.00
26 24”x38” Elliptical Storm Drain Pipe LF 127 $500.00 $63,500.00 27 30" Storm Drain Pipe LF 4274 $375.00 $1,602,750.00
28 42" Storm Drain Pipe LF 3270 $475.00 $1,553,250.00
29 48" Storm Drain Pipe LF 320 $500.00 $160,000.00
30 54" Storm Drain Pipe LF 810 $520.00 $421,200.00
31 60" Storm Drain Pipe LF 1350 $600.00 $810,000.00
32 6" PVC SDR 26 Sewer Pipe LF 30 $900.00 $27,000.00
33 10" PVC SDR 26 Sewer Pipe LF 360 $350.00 $126,000.00 34 18" PVC SDR 26 Storm Pipe LF 40 $460.00 $18,400.00
35 Precast Manhole (4' Dia.) EA 13 $13,000.00 $169,000.00 36 Precast Manhole (5' Dia.) EA 8 $20,000.00 $160,000.00 37 Precast Manhole (Junction Box) EA 27 $22,000.00 $594,000.00 38 Catch Basin EA 40 $8,500.00 $340,000.00
39 Precast Sewer Manhole (4' Dia.) EA 2 $25,000.00 $50,000.00 40 Precast Sewer Manhole (5' Dia.) EA 1 $30,000.00 $30,000.00 41 8" C900 PVC Pipe LF 17000 $135.00 $2,295,000.00
42 12" C900 PVC Pipe LF 7840 $195.00 $1,528,800.00
43 8" DI 22.5 Elbow EA 18 $660.00 $11,880.00
44 8" DI 45 Elbow EA 8 $700.00 $5,600.00
45 8" DI 90 Elbow EA 1 $700.00 $700.00
46 8" DI Cross EA 2 $1,500.00 $3,000.00
47 8" Gate Valve EA 100 $2,750.00 $275,000.00
48 8" DI Tee EA 19 $995.00 $18,905.00
#18..
- 1008 -

49 12" DI 22.5 Elbow EA 8 $1,100.00 $8,800.00
50 12" DI 45 Elbow EA 3 $1,200.00 $3,600.00
51 12" DI 90 Elbow EA 3 $1,250.00 $3,750.00
52 12" Gate Valve EA 1 $5,135.00 $5,135.00
53 12” Butterfly Valve EA 51 $4,000.00 $204,000.00
54 12" DI Tee EA 10 $1,900.00 $19,000.00
55 12"x4" DI Reducer EA 1 $1,300.00 $1,300.00
56 12"x8" DI Reducer EA 8 $1,000.00 $8,000.00
57 8"x4" DI Reducer EA 2 $950.00 $1,900.00
58 12"x8" DI Reducing Tee EA 11 $1,785.00 $19,635.00
59 8"x4" DI Reducing Tee EA 1 $1,000.00 $1,000.00
60 12"x10" DI Reducer EA 1 $2,150.00 $2,150.00
61 8"x6" DI Reducing Tee EA 4 $1,250.00 $5,000.00
62 12" x 8" DI Reducing Cross EA 1 $2,000.00 $2,000.00
63 Thrust Blocks <= 12" EA 103 $250.00 $25,750.00
64 Re-connect Existing Service Connection EA 31 $3,800.00 $117,800.00 65 New Service Connections - 1" EA 273 $8,760.00 $2,391,480.00 66 Fire Hydrants EA 49 $10,000.00 $490,000.00
67 Underground Infiltration System LS 1 $11,450,000.00 $11,450,000.00 68 Stormwater Pretreatment System EA 2 $125,000.00 $250,000.00 69 Stormwater Diversion System EA 2 $100,000.00 $200,000.00 70 Electrical LS 1 $150,000.00 $150,000.00
71 Site Grading (Mass/Fine) SF 253974 $0.50 $126,987.00 72 Hardscape Demolition & Off-haul – Park LS 1 $10,000.00 $10,000.00 Only
73 Park Sign Removal EA 1 $2,100.00 $2,100.00
74 Backstop & Dugout Fence Removal LS 1 $5,500.00 $5,500.00 75 Infield Mix Removal SF 8857 $2.00 $17,714.00
76 Bollard Removal EA 71 $50.00 $3,550.00
77 Bleacher Removal EA 1 $4,000.00 $4,000.00
78 Park Light Removal LS 1 $12,500.00 $12,500.00
79 Drinking Fountain Removal LS 1 $1,500.00 $1,500.00
80 Electrical Conduit, Wire, and Utility Box LS 1 $3,000.00 $3,000.00 Removal
81 Trash Receptacle Removal EA 5 $300.00 $1,500.00
82 Soccer Goal Removal EA 2 $600.00 $1,200.00
83 Tree Removal & Off-haul, including Stump EA 31 $2,100.00 $65,100.00 Grinding
84 Tree Protection Fencing LS 1 $24,000.00 $24,000.00
85 Chain-Link Fence Removal LF 185 $15.00 $2,775.00
86 Construction Site Facilities LS 1 $300,000.00 $300,000.00 87 6" Storm Drain Piping LF 1175 $70.00 $82,250.00
88 8" Storm Drain Piping LF 200 $90.00 $18,000.00
89 Landscape Area Drains EA 7 $1,500.00 $10,500.00
90 Atrium Drains EA 3 $1,000.00 $3,000.00
91 6" Thick Concrete Flatrwork - Site Finish 'A' SF 17338 $22.00 $381,436.00 92 12" Concrete Wide Mow Curb - Site Feature LF 804 $104.00 $83,616.00 '4'
93 Baseball Infield Mix - Site Finish 'D' SF 11915 $5.30 $63,149.50 94 Decomposed Granite (including Stabilizer) – SF 19017 $4.30 $81,773.10 Site Finish ‘B’
95 8” Thick Concrete Flatwork (Maintenance SF 3829 $41.00 $156,989.00 Turnouts) – Site Finish ‘I’
#18..
- 1009 -

96 Cobble at Landscape Are Drains –Site SF 55 $17.00 $935.00 Finish ‘K’
97 Aluminum Edging – Site Feature ‘6’ LF 804 $8.00 $6,432.00 98 Top Dressing – Decorative Bark Mulch – SF 19265 $1.00 $19,265.00 Site Finish ‘H’
99 Trash Receptacles – Site Feature ‘1’ EA 6 $2,875.00 $17,250.00 100 Benches – Site Feature ‘2’ EA 4 $3,700.00 $14,800.00 101 Park Sign – Site Feature ‘3’ EA 1 $12,650.00 $12,650.00 102 Pitching Rubber - Site Feature ‘13’ EA 1 $410.00 $410.00 103 Home Plate – Site Feature ‘11’ EA 1 $595.00 $595.00 104 Bases – Site Feature ‘12’ LS 1 $880.00 $880.00
105 21' Dugout Benches - Site Feature '9' EA 2 $1,940.00 $3,880.00 106 Outdoor Storage Cabinet – Site Feature ‘10’ EA 1 $5,300.00 $5,300.00 107 Bat Rack - Site Feature '14' EA 2 $3,000.00 $6,000.00 108 20' Tall Backstop Fence - Site Feature '5' LF 217 $750.00 $162,750.00 109 8' Tall x 4.5' Wide Dugout Gate - Site EA 2 $4,000.00 $8,000.00 Feature '8'
110 8' Tall Dugout Fence - Site Feature '7' LF 135 $150.00 $20,250.00 111 Soccer Goals - Site Feature '26' EA 2 $9,200.00 $18,400.00 112 Fixed Bollards - Site Feature '22' EA 70 $1,100.00 $77,000.00 113 Removable Bollards - Site Feature '18' EA 15 $1,300.00 $19,500.00 114 4' Tall Chain-Link Fence - Site Feature '29' LF 82 $130.00 $10,660.00 115 Chain-Link Sliding Gate - Site Feature '30' EA 4 $12,100.00 $48,400.00 116 3 Row Bleachers - Site Feature '33' EA 2 $7,900.00 $15,800.00 117 Soil Conditioning & Amendments SF 181648 $0.35 $63,576.80 118 Turf Hydroseed SF 167806 $0.15 $25,170.90
119 5 Gallon Shrubs EA 603 $40.25 $24,270.75
120 15 Gallon Trees EA 41 $215.00 $8,815.00
121 Root Barriers LF 442 $9.20 $4,066.40
122 Top Dressing - Decorative Bark Mulch SF 13852 $1.00 $13,852.00 (Shrub Areas Only)
123 90 Day Maintenance/Establishment Period SF 181648 $0.10 $18,164.80 124 Irrigation System SF 181648 $2.25 $408,708.00
125 Irrigation Booster Pump EA 1 $40,250.00 $40,250.00
126 Irrigation Controller EA 1 $13,800.00 $13,800.00
127 Sleeving LS 1 $25,300.00 $25,300.00
128 Tree Trimming LS 1 $50,000.00 $50,000.00
129 Potholing EA 100 $1,350.00 $135,000.00
Total: $33,989,165.25
Percent From Engineer's Estimate: 7.67%
Steve P. Rados, Inc.
(714) 835-4612 PO Box 15128, Santa Ana, CA 92735
Base Bid
1 Traffic Control LS 1 $1,100,000.00 $1,100,000.00
2 Prepare and Implement SWPPP LS 1 $90,000.00 $90,000.00 3 Remove Catch Basin EA 21 $800.00 $16,800.00
4 Remove Cross Connection EA 9 $1,400.00 $12,600.00
5 Remove Sewer Manhole EA 1 $2,500.00 $2,500.00
6 Remove Sewer Cleanout EA 1 $2,300.00 $2,300.00
7 Abandon Rockwell EA 41 $3,800.00 $155,800.00
8 Remove Rockwell EA 5 $3,800.00 $19,000.00
9 Sawcut Pavement LF 80000 $2.00 $160,000.00
#18..
- 1010 -

10 Remove & Dispose Pavement SY 15600 $2.50 $39,000.00
11 Concrete Curb & Gutter LF 740 $170.00 $125,800.00
12 New Concrete Curb & Gutter at Park LF 320 $190.00 $60,800.00 13 Concrete Sidewalk SF 3600 $35.00 $126,000.00
14 Mobilization and Demobilization LS 1 $1,801,000.00 $1,801,000.00 15 Truncated Domes SF 32 $75.00 $2,400.00
16 Hand Railing LF 12 $920.00 $11,040.00
17 Aggregate Base CY 10513 $44.00 $462,572.00
18 Hot Mix Asphalt TON 5323 $270.00 $1,437,210.00
19 Rock Well EA 2 $13,000.00 $26,000.00
20 Remove Pipe LF 1168 $95.00 $110,960.00
21 Abandon Pipe LF 23597 $9.00 $212,373.00
22 Remove Fire Hydrant EA 29 $2,700.00 $78,300.00
23 12" Storm Drain Pipe LF 310 $405.00 $125,550.00
24 18" Storm Drain Pipe LF 690 $375.00 $258,750.00
25 24" Storm Drain Pipe LF 489 $475.00 $232,275.00
26 24”x38” Elliptical Storm Drain Pipe LF 127 $575.00 $73,025.00 27 30" Storm Drain Pipe LF 4274 $360.00 $1,538,640.00
28 42" Storm Drain Pipe LF 3270 $445.00 $1,455,150.00
29 48" Storm Drain Pipe LF 320 $610.00 $195,200.00
30 54" Storm Drain Pipe LF 810 $720.00 $583,200.00
31 60" Storm Drain Pipe LF 1350 $625.00 $843,750.00
32 6" PVC SDR 26 Sewer Pipe LF 30 $1,100.00 $33,000.00
33 10" PVC SDR 26 Sewer Pipe LF 360 $430.00 $154,800.00 34 18" PVC SDR 26 Storm Pipe LF 40 $410.00 $16,400.00
35 Precast Manhole (4' Dia.) EA 13 $22,000.00 $286,000.00 36 Precast Manhole (5' Dia.) EA 8 $24,000.00 $192,000.00 37 Precast Manhole (Junction Box) EA 27 $22,000.00 $594,000.00 38 Catch Basin EA 40 $5,500.00 $220,000.00
39 Precast Sewer Manhole (4' Dia.) EA 2 $22,000.00 $44,000.00 40 Precast Sewer Manhole (5' Dia.) EA 1 $24,000.00 $24,000.00 41 8" C900 PVC Pipe LF 17000 $155.00 $2,635,000.00
42 12" C900 PVC Pipe LF 7840 $215.00 $1,685,600.00
43 8" DI 22.5 Elbow EA 18 $340.00 $6,120.00
44 8" DI 45 Elbow EA 8 $500.00 $4,000.00
45 8" DI 90 Elbow EA 1 $370.00 $370.00
46 8" DI Cross EA 2 $1,020.00 $2,040.00
47 8" Gate Valve EA 100 $2,400.00 $240,000.00
48 8" DI Tee EA 19 $620.00 $11,780.00
49 12" DI 22.5 Elbow EA 8 $720.00 $5,760.00
50 12" DI 45 Elbow EA 3 $800.00 $2,400.00
51 12" DI 90 Elbow EA 3 $850.00 $2,550.00
52 12" Gate Valve EA 1 $4,100.00 $4,100.00
53 12” Butterfly Valve EA 51 $3,100.00 $158,100.00
54 12" DI Tee EA 10 $1,500.00 $15,000.00
55 12"x4" DI Reducer EA 1 $900.00 $900.00
56 12"x8" DI Reducer EA 8 $650.00 $5,200.00
57 8"x4" DI Reducer EA 2 $600.00 $1,200.00
58 12"x8" DI Reducing Tee EA 11 $1,300.00 $14,300.00
59 8"x4" DI Reducing Tee EA 1 $550.00 $550.00
60 12"x10" DI Reducer EA 1 $1,600.00 $1,600.00
61 8"x6" DI Reducing Tee EA 4 $880.00 $3,520.00
#18..
- 1011 -

62 12" x 8" DI Reducing Cross EA 1 $1,440.00 $1,440.00
63 Thrust Blocks <= 12" EA 103 $300.00 $30,900.00
64 Re-connect Existing Service Connection EA 31 $6,400.00 $198,400.00 65 New Service Connections - 1" EA 273 $9,700.00 $2,648,100.00 66 Fire Hydrants EA 49 $15,000.00 $735,000.00
67 Underground Infiltration System LS 1 $11,310,000.00 $11,310,000.00 68 Stormwater Pretreatment System EA 2 $120,000.00 $240,000.00 69 Stormwater Diversion System EA 2 $48,000.00 $96,000.00 70 Electrical LS 1 $165,000.00 $165,000.00
71 Site Grading (Mass/Fine) SF 253974 $1.50 $380,961.00 72 Hardscape Demolition & Off-haul – Park LS 1 $25,000.00 $25,000.00 Only
73 Park Sign Removal EA 1 $3,100.00 $3,100.00
74 Backstop & Dugout Fence Removal LS 1 $6,800.00 $6,800.00 75 Infield Mix Removal SF 8857 $0.70 $6,199.90
76 Bollard Removal EA 71 $90.00 $6,390.00
77 Bleacher Removal EA 1 $3,000.00 $3,000.00
78 Park Light Removal LS 1 $14,000.00 $14,000.00
79 Drinking Fountain Removal LS 1 $800.00 $800.00
80 Electrical Conduit, Wire, and Utility Box LS 1 $7,300.00 $7,300.00 Removal
81 Trash Receptacle Removal EA 5 $330.00 $1,650.00
82 Soccer Goal Removal EA 2 $400.00 $800.00
83 Tree Removal & Off-haul, including Stump EA 31 $1,200.00 $37,200.00 Grinding
84 Tree Protection Fencing LS 1 $35,000.00 $35,000.00
85 Chain-Link Fence Removal LF 185 $25.00 $4,625.00
86 Construction Site Facilities LS 1 $225,000.00 $225,000.00 87 6" Storm Drain Piping LF 1175 $65.00 $76,375.00
88 8" Storm Drain Piping LF 200 $70.00 $14,000.00
89 Landscape Area Drains EA 7 $900.00 $6,300.00
90 Atrium Drains EA 3 $700.00 $2,100.00
91 6" Thick Concrete Flatrwork - Site Finish 'A' SF 17338 $28.00 $485,464.00 92 12" Concrete Wide Mow Curb - Site Feature LF 804 $38.00 $30,552.00 '4'
93 Baseball Infield Mix - Site Finish 'D' SF 11915 $5.00 $59,575.00 94 Decomposed Granite (including Stabilizer) – SF 19017 $4.00 $76,068.00 Site Finish ‘B’
95 8” Thick Concrete Flatwork (Maintenance SF 3829 $45.00 $172,305.00 Turnouts) – Site Finish ‘I’
96 Cobble at Landscape Are Drains –Site SF 55 $16.00 $880.00 Finish ‘K’
97 Aluminum Edging – Site Feature ‘6’ LF 804 $7.00 $5,628.00 98 Top Dressing – Decorative Bark Mulch – SF 19265 $1.00 $19,265.00 Site Finish ‘H’
99 Trash Receptacles – Site Feature ‘1’ EA 6 $3,900.00 $23,400.00 100 Benches – Site Feature ‘2’ EA 4 $3,000.00 $12,000.00 101 Park Sign – Site Feature ‘3’ EA 1 $16,000.00 $16,000.00 102 Pitching Rubber - Site Feature ‘13’ EA 1 $700.00 $700.00 103 Home Plate – Site Feature ‘11’ EA 1 $700.00 $700.00 104 Bases – Site Feature ‘12’ LS 1 $2,200.00 $2,200.00
105 21' Dugout Benches - Site Feature '9' EA 2 $3,000.00 $6,000.00 106 Outdoor Storage Cabinet – Site Feature ‘10’ EA 1 $4,100.00 $4,100.00 107 Bat Rack - Site Feature '14' EA 2 $1,300.00 $2,600.00 #18..
- 1012 -

108 20' Tall Backstop Fence - Site Feature '5' LF 217 $670.00 $145,390.00 109 8' Tall x 4.5' Wide Dugout Gate - Site EA 2 $3,600.00 $7,200.00 Feature '8'
110 8' Tall Dugout Fence - Site Feature '7' LF 135 $135.00 $18,225.00 111 Soccer Goals - Site Feature '26' EA 2 $6,600.00 $13,200.00 112 Fixed Bollards - Site Feature '22' EA 70 $1,300.00 $91,000.00 113 Removable Bollards - Site Feature '18' EA 15 $2,000.00 $30,000.00 114 4' Tall Chain-Link Fence - Site Feature '29' LF 82 $105.00 $8,610.00 115 Chain-Link Sliding Gate - Site Feature '30' EA 4 $11,000.00 $44,000.00 116 3 Row Bleachers - Site Feature '33' EA 2 $5,300.00 $10,600.00 117 Soil Conditioning & Amendments SF 181648 $0.35 $63,576.80 118 Turf Hydroseed SF 167806 $0.11 $18,458.66
119 5 Gallon Shrubs EA 603 $36.00 $21,708.00
120 15 Gallon Trees EA 41 $187.00 $7,667.00
121 Root Barriers LF 442 $9.00 $3,978.00
122 Top Dressing - Decorative Bark Mulch SF 13852 $1.00 $13,852.00 (Shrub Areas Only)
123 90 Day Maintenance/Establishment Period SF 181648 $0.06 $10,898.88 124 Irrigation System SF 181648 $2.00 $363,296.00
125 Irrigation Booster Pump EA 1 $36,000.00 $36,000.00
126 Irrigation Controller EA 1 $13,000.00 $13,000.00
127 Sleeving LS 1 $23,000.00 $23,000.00
128 Tree Trimming LS 1 $45,000.00 $45,000.00
129 Potholing EA 100 $1,200.00 $120,000.00
Total: $36,029,823.24
Percent From Engineer's Estimate: 14.14%
Mountain Cascade, Inc.
(925) 373-8370 555 Exchange Ct, Livermore, CA 94551
Base Bid
1 Traffic Control LS 1 $300,000.00 $300,000.00
2 Prepare and Implement SWPPP LS 1 $120,000.00 $120,000.00 3 Remove Catch Basin EA 21 $4,000.00 $84,000.00
4 Remove Cross Connection EA 9 $4,200.00 $37,800.00
5 Remove Sewer Manhole EA 1 $6,700.00 $6,700.00
6 Remove Sewer Cleanout EA 1 $400.00 $400.00
7 Abandon Rockwell EA 41 $8,000.00 $328,000.00
8 Remove Rockwell EA 5 $8,000.00 $40,000.00
9 Sawcut Pavement LF 80000 $1.50 $120,000.00
10 Remove & Dispose Pavement SY 15600 $60.00 $936,000.00 11 Concrete Curb & Gutter LF 740 $75.00 $55,500.00
12 New Concrete Curb & Gutter at Park LF 320 $25.00 $8,000.00 13 Concrete Sidewalk SF 3600 $20.00 $72,000.00
14 Mobilization and Demobilization LS 1 $1,200,000.00 $1,200,000.00 15 Truncated Domes SF 32 $105.00 $3,360.00
16 Hand Railing LF 12 $118.00 $1,416.00
17 Aggregate Base CY 10513 $60.00 $630,780.00
18 Hot Mix Asphalt TON 5323 $325.00 $1,729,975.00
19 Rock Well EA 2 $60,000.00 $120,000.00
20 Remove Pipe LF 1168 $30.00 $35,040.00
21 Abandon Pipe LF 23597 $16.00 $377,552.00
22 Remove Fire Hydrant EA 29 $3,000.00 $87,000.00
23 12" Storm Drain Pipe LF 310 $225.00 $69,750.00
#18..
- 1013 -

24 18" Storm Drain Pipe LF 690 $488.00 $336,720.00
25 24" Storm Drain Pipe LF 489 $240.00 $117,360.00
26 24”x38” Elliptical Storm Drain Pipe LF 127 $758.00 $96,266.00 27 30" Storm Drain Pipe LF 4274 $320.00 $1,367,680.00
28 42" Storm Drain Pipe LF 3270 $423.00 $1,383,210.00
29 48" Storm Drain Pipe LF 320 $600.00 $192,000.00
30 54" Storm Drain Pipe LF 810 $770.00 $623,700.00
31 60" Storm Drain Pipe LF 1350 $810.00 $1,093,500.00
32 6" PVC SDR 26 Sewer Pipe LF 30 $900.00 $27,000.00
33 10" PVC SDR 26 Sewer Pipe LF 360 $260.00 $93,600.00
34 18" PVC SDR 26 Storm Pipe LF 40 $330.00 $13,200.00
35 Precast Manhole (4' Dia.) EA 13 $20,000.00 $260,000.00 36 Precast Manhole (5' Dia.) EA 8 $22,000.00 $176,000.00 37 Precast Manhole (Junction Box) EA 27 $73,000.00 $1,971,000.00 38 Catch Basin EA 40 $15,000.00 $600,000.00
39 Precast Sewer Manhole (4' Dia.) EA 2 $35,000.00 $70,000.00 40 Precast Sewer Manhole (5' Dia.) EA 1 $55,000.00 $55,000.00 41 8" C900 PVC Pipe LF 17000 $118.00 $2,006,000.00
42 12" C900 PVC Pipe LF 7840 $200.00 $1,568,000.00
43 8" DI 22.5 Elbow EA 18 $440.00 $7,920.00
44 8" DI 45 Elbow EA 8 $470.00 $3,760.00
45 8" DI 90 Elbow EA 1 $480.00 $480.00
46 8" DI Cross EA 2 $2,100.00 $4,200.00
47 8" Gate Valve EA 100 $4,200.00 $420,000.00
48 8" DI Tee EA 19 $1,200.00 $22,800.00
49 12" DI 22.5 Elbow EA 8 $900.00 $7,200.00
50 12" DI 45 Elbow EA 3 $1,000.00 $3,000.00
51 12" DI 90 Elbow EA 3 $1,060.00 $3,180.00
52 12" Gate Valve EA 1 $7,000.00 $7,000.00
53 12” Butterfly Valve EA 51 $5,500.00 $280,500.00
54 12" DI Tee EA 10 $2,300.00 $23,000.00
55 12"x4" DI Reducer EA 1 $1,100.00 $1,100.00
56 12"x8" DI Reducer EA 8 $800.00 $6,400.00
57 8"x4" DI Reducer EA 2 $750.00 $1,500.00
58 12"x8" DI Reducing Tee EA 11 $2,200.00 $24,200.00
59 8"x4" DI Reducing Tee EA 1 $1,300.00 $1,300.00
60 12"x10" DI Reducer EA 1 $2,000.00 $2,000.00
61 8"x6" DI Reducing Tee EA 4 $1,400.00 $5,600.00
62 12" x 8" DI Reducing Cross EA 1 $2,300.00 $2,300.00
63 Thrust Blocks <= 12" EA 103 $600.00 $61,800.00
64 Re-connect Existing Service Connection EA 31 $12,500.00 $387,500.00 65 New Service Connections - 1" EA 273 $21,474.94 $5,862,658.62 66 Fire Hydrants EA 49 $18,000.00 $882,000.00
67 Underground Infiltration System LS 1 $9,914,011.00 $9,914,011.00 68 Stormwater Pretreatment System EA 2 $178,000.00 $356,000.00 69 Stormwater Diversion System EA 2 $92,500.00 $185,000.00 70 Electrical LS 1 $150,000.00 $150,000.00
71 Site Grading (Mass/Fine) SF 253974 $1.00 $253,974.00 72 Hardscape Demolition & Off-haul – Park LS 1 $22,000.00 $22,000.00 Only
73 Park Sign Removal EA 1 $1,100.00 $1,100.00
74 Backstop & Dugout Fence Removal LS 1 $6,300.00 $6,300.00 75 Infield Mix Removal SF 8857 $1.00 $8,857.00
#18..
- 1014 -

76 Bollard Removal EA 71 $560.00 $39,760.00
77 Bleacher Removal EA 1 $5,000.00 $5,000.00
78 Park Light Removal LS 1 $18,000.00 $18,000.00
79 Drinking Fountain Removal LS 1 $2,500.00 $2,500.00
80 Electrical Conduit, Wire, and Utility Box LS 1 $17,500.00 $17,500.00 Removal
81 Trash Receptacle Removal EA 5 $560.00 $2,800.00
82 Soccer Goal Removal EA 2 $850.00 $1,700.00
83 Tree Removal & Off-haul, including Stump EA 31 $1,030.00 $31,930.00 Grinding
84 Tree Protection Fencing LS 1 $11,800.00 $11,800.00
85 Chain-Link Fence Removal LF 185 $30.00 $5,550.00
86 Construction Site Facilities LS 1 $8,800.00 $8,800.00 87 6" Storm Drain Piping LF 1175 $62.00 $72,850.00
88 8" Storm Drain Piping LF 200 $77.00 $15,400.00
89 Landscape Area Drains EA 7 $1,080.00 $7,560.00
90 Atrium Drains EA 3 $440.00 $1,320.00
91 6" Thick Concrete Flatrwork - Site Finish 'A' SF 17338 $27.00 $468,126.00 92 12" Concrete Wide Mow Curb - Site Feature LF 804 $22.00 $17,688.00 '4'
93 Baseball Infield Mix - Site Finish 'D' SF 11915 $7.00 $83,405.00 94 Decomposed Granite (including Stabilizer) – SF 19017 $8.00 $152,136.00 Site Finish ‘B’
95 8” Thick Concrete Flatwork (Maintenance SF 3829 $40.00 $153,160.00 Turnouts) – Site Finish ‘I’
96 Cobble at Landscape Are Drains –Site SF 55 $21.00 $1,155.00 Finish ‘K’
97 Aluminum Edging – Site Feature ‘6’ LF 804 $13.00 $10,452.00 98 Top Dressing – Decorative Bark Mulch – SF 19265 $1.00 $19,265.00 Site Finish ‘H’
99 Trash Receptacles – Site Feature ‘1’ EA 6 $3,500.00 $21,000.00 100 Benches – Site Feature ‘2’ EA 4 $3,900.00 $15,600.00 101 Park Sign – Site Feature ‘3’ EA 1 $13,500.00 $13,500.00 102 Pitching Rubber - Site Feature ‘13’ EA 1 $1,650.00 $1,650.00 103 Home Plate – Site Feature ‘11’ EA 1 $1,660.00 $1,660.00 104 Bases – Site Feature ‘12’ LS 1 $2,300.00 $2,300.00
105 21' Dugout Benches - Site Feature '9' EA 2 $4,200.00 $8,400.00 106 Outdoor Storage Cabinet – Site Feature ‘10’ EA 1 $4,800.00 $4,800.00 107 Bat Rack - Site Feature '14' EA 2 $2,600.00 $5,200.00 108 20' Tall Backstop Fence - Site Feature '5' LF 217 $765.00 $166,005.00 109 8' Tall x 4.5' Wide Dugout Gate - Site EA 2 $4,200.00 $8,400.00 Feature '8'
110 8' Tall Dugout Fence - Site Feature '7' LF 135 $153.00 $20,655.00 111 Soccer Goals - Site Feature '26' EA 2 $9,800.00 $19,600.00 112 Fixed Bollards - Site Feature '22' EA 70 $1,080.00 $75,600.00 113 Removable Bollards - Site Feature '18' EA 15 $1,530.00 $22,950.00 114 4' Tall Chain-Link Fence - Site Feature '29' LF 82 $118.00 $9,676.00 115 Chain-Link Sliding Gate - Site Feature '30' EA 4 $12,000.00 $48,000.00 116 3 Row Bleachers - Site Feature '33' EA 2 $11,000.00 $22,000.00 117 Soil Conditioning & Amendments SF 181648 $0.40 $72,659.20 118 Turf Hydroseed SF 167806 $0.15 $25,170.90
119 5 Gallon Shrubs EA 603 $39.00 $23,517.00
120 15 Gallon Trees EA 41 $200.00 $8,200.00
121 Root Barriers LF 442 $17.00 $7,514.00
#18..
- 1015 -

122 Top Dressing - Decorative Bark Mulch SF 13852 $1.00 $13,852.00 (Shrub Areas Only)
123 90 Day Maintenance/Establishment Period SF 181648 $0.15 $27,247.20 124 Irrigation System SF 181648 $2.50 $454,120.00
125 Irrigation Booster Pump EA 1 $52,000.00 $52,000.00
126 Irrigation Controller EA 1 $9,000.00 $9,000.00
127 Sleeving LS 1 $56,000.00 $56,000.00
128 Tree Trimming LS 1 $58,000.00 $58,000.00
129 Potholing EA 100 $1,100.00 $110,000.00
Total: $39,864,282.92
Percent From Engineer's Estimate: 26.28%
Engineer's Estimate
Base Bid
1 Traffic Control LS 1 $455,000.00 $455,000.00
2 Prepare and Implement SWPPP LS 1 $130,000.00 $130,000.00 3 Remove Catch Basin EA 21 $1,980.00 $41,580.00
4 Remove Cross Connection EA 9 $1,980.00 $17,820.00
5 Remove Sewer Manhole EA 1 $1,980.00 $1,980.00
6 Remove Sewer Cleanout EA 1 $1,000.00 $1,000.00
7 Abandon Rockwell EA 41 $1,550.00 $63,550.00
8 Remove Rockwell EA 5 $2,700.00 $13,500.00
9 Sawcut Pavement LF 80000 $2.00 $160,000.00
10 Remove & Dispose Pavement SY 15600 $4.00 $62,400.00
11 Concrete Curb & Gutter LF 740 $40.00 $29,600.00
12 New Concrete Curb & Gutter at Park LF 320 $37.00 $11,840.00 13 Concrete Sidewalk SF 3600 $7.00 $25,200.00
14 Mobilization and Demobilization LS 1 $1,555,000.00 $1,555,000.00 15 Truncated Domes SF 32 $50.00 $1,600.00
16 Hand Railing LF 12 $269.00 $3,228.00
17 Aggregate Base CY 10513 $58.00 $609,754.00
18 Hot Mix Asphalt TON 5323 $435.00 $2,315,505.00
19 Rock Well EA 2 $13,900.00 $27,800.00
20 Remove Pipe LF 1168 $66.00 $77,088.00
21 Abandon Pipe LF 23597 $4.00 $94,388.00
22 Remove Fire Hydrant EA 29 $2,880.00 $83,520.00
23 12" Storm Drain Pipe LF 310 $115.00 $35,650.00
24 18" Storm Drain Pipe LF 690 $180.00 $124,200.00
25 24" Storm Drain Pipe LF 489 $250.00 $122,250.00
26 24”x38” Elliptical Storm Drain Pipe LF 127 $285.00 $36,195.00 27 30" Storm Drain Pipe LF 4274 $295.00 $1,260,830.00
28 42" Storm Drain Pipe LF 3270 $445.00 $1,455,150.00
29 48" Storm Drain Pipe LF 320 $548.00 $175,360.00
30 54" Storm Drain Pipe LF 810 $615.00 $498,150.00
31 60" Storm Drain Pipe LF 1350 $690.00 $931,500.00
32 6" PVC SDR 26 Sewer Pipe LF 30 $154.00 $4,620.00
33 10" PVC SDR 26 Sewer Pipe LF 360 $167.00 $60,120.00
34 18" PVC SDR 26 Storm Pipe LF 40 $209.00 $8,360.00
35 Precast Manhole (4' Dia.) EA 13 $13,320.00 $173,160.00 36 Precast Manhole (5' Dia.) EA 8 $15,880.00 $127,040.00 37 Precast Manhole (Junction Box) EA 27 $18,540.00 $500,580.00 38 Catch Basin EA 40 $3,200.00 $128,000.00
#18..
- 1016 -

39 Precast Sewer Manhole (4' Dia.) EA 2 $11,590.00 $23,180.00 40 Precast Sewer Manhole (5' Dia.) EA 1 $21,300.00 $21,300.00 41 8" C900 PVC Pipe LF 17000 $66.00 $1,122,000.00
42 12" C900 PVC Pipe LF 7840 $80.00 $627,200.00
43 8" DI 22.5 Elbow EA 18 $1,290.00 $23,220.00
44 8" DI 45 Elbow EA 8 $1,340.00 $10,720.00
45 8" DI 90 Elbow EA 1 $1,445.00 $1,445.00
46 8" DI Cross EA 2 $2,325.00 $4,650.00
47 8" Gate Valve EA 100 $4,120.00 $412,000.00
48 8" DI Tee EA 19 $2,325.00 $44,175.00
49 12" DI 22.5 Elbow EA 8 $2,525.00 $20,200.00
50 12" DI 45 Elbow EA 3 $2,340.00 $7,020.00
51 12" DI 90 Elbow EA 3 $2,700.00 $8,100.00
52 12" Gate Valve EA 1 $7,450.00 $7,450.00
53 12” Butterfly Valve EA 51 $5,175.00 $263,925.00
54 12" DI Tee EA 10 $3,685.00 $36,850.00
55 12"x4" DI Reducer EA 1 $2,775.00 $2,775.00
56 12"x8" DI Reducer EA 8 $2,900.00 $23,200.00
57 8"x4" DI Reducer EA 2 $2,680.00 $5,360.00
58 12"x8" DI Reducing Tee EA 11 $3,575.00 $39,325.00
59 8"x4" DI Reducing Tee EA 1 $1,800.00 $1,800.00
60 12"x10" DI Reducer EA 1 $3,365.00 $3,365.00
61 8"x6" DI Reducing Tee EA 4 $2,175.00 $8,700.00
62 12" x 8" DI Reducing Cross EA 1 $3,070.00 $3,070.00
63 Thrust Blocks <= 12" EA 103 $1,350.00 $139,050.00
64 Re-connect Existing Service Connection EA 31 $11,850.00 $367,350.00 65 New Service Connections - 1" EA 273 $4,460.00 $1,217,580.00 66 Fire Hydrants EA 49 $16,430.00 $805,070.00
67 Underground Infiltration System LS 1 $10,230,000.00 $10,230,000.00 68 Stormwater Pretreatment System EA 2 $136,000.00 $272,000.00 69 Stormwater Diversion System EA 2 $31,600.00 $63,200.00 70 Electrical LS 1 $211,500.00 $211,500.00
71 Site Grading (Mass/Fine) SF 253974 $1.00 $253,974.00 72 Hardscape Demolition & Off-haul – Park LS 1 $19,000.00 $19,000.00 Only
73 Park Sign Removal EA 1 $3,480.00 $3,480.00
74 Backstop & Dugout Fence Removal LS 1 $14,650.00 $14,650.00 75 Infield Mix Removal SF 8857 $1.00 $8,857.00
76 Bollard Removal EA 71 $105.00 $7,455.00
77 Bleacher Removal EA 1 $3,500.00 $3,500.00
78 Park Light Removal LS 1 $25,000.00 $25,000.00
79 Drinking Fountain Removal LS 1 $6,300.00 $6,300.00
80 Electrical Conduit, Wire, and Utility Box LS 1 $26,110.00 $26,110.00 Removal
81 Trash Receptacle Removal EA 5 $348.00 $1,740.00
82 Soccer Goal Removal EA 2 $1,392.00 $2,784.00
83 Tree Removal & Off-haul, including Stump EA 31 $3,480.00 $107,880.00 Grinding
84 Tree Protection Fencing LS 1 $17,370.00 $17,370.00
85 Chain-Link Fence Removal LF 185 $63.00 $11,655.00
86 Construction Site Facilities LS 1 $79,850.00 $79,850.00 87 6" Storm Drain Piping LF 1175 $35.00 $41,125.00
88 8" Storm Drain Piping LF 200 $35.00 $7,000.00
#18..
- 1017 -

89 Landscape Area Drains EA 7 $2,100.00 $14,700.00
90 Atrium Drains EA 3 $2,100.00 $6,300.00
91 6" Thick Concrete Flatrwork - Site Finish 'A' SF 17338 $28.00 $485,464.00 92 12" Concrete Wide Mow Curb - Site Feature LF 804 $34.00 $27,336.00 '4'
93 Baseball Infield Mix - Site Finish 'D' SF 11915 $7.00 $83,405.00 94 Decomposed Granite (including Stabilizer) – SF 19017 $19.00 $361,323.00 Site Finish ‘B’
95 8” Thick Concrete Flatwork (Maintenance SF 3829 $25.00 $95,725.00 Turnouts) – Site Finish ‘I’
96 Cobble at Landscape Are Drains –Site SF 55 $42.00 $2,310.00 Finish ‘K’
97 Aluminum Edging – Site Feature ‘6’ LF 804 $21.00 $16,884.00 98 Top Dressing – Decorative Bark Mulch – SF 19265 $2.00 $38,530.00 Site Finish ‘H’
99 Trash Receptacles – Site Feature ‘1’ EA 6 $4,870.00 $29,220.00 100 Benches – Site Feature ‘2’ EA 4 $4,730.00 $18,920.00 101 Park Sign – Site Feature ‘3’ EA 1 $11,140.00 $11,140.00 102 Pitching Rubber - Site Feature ‘13’ EA 1 $560.00 $560.00 103 Home Plate – Site Feature ‘11’ EA 1 $560.00 $560.00 104 Bases – Site Feature ‘12’ LS 1 $1,900.00 $1,900.00
105 21' Dugout Benches - Site Feature '9' EA 2 $4,876.00 $9,752.00 106 Outdoor Storage Cabinet – Site Feature ‘10’ EA 1 $5,800.00 $5,800.00 107 Bat Rack - Site Feature '14' EA 2 $2,100.00 $4,200.00 108 20' Tall Backstop Fence - Site Feature '5' LF 217 $1,250.00 $271,250.00 109 8' Tall x 4.5' Wide Dugout Gate - Site EA 2 $2,100.00 $4,200.00 Feature '8'
110 8' Tall Dugout Fence - Site Feature '7' LF 135 $280.00 $37,800.00 111 Soccer Goals - Site Feature '26' EA 2 $21,000.00 $42,000.00 112 Fixed Bollards - Site Feature '22' EA 70 $1,200.00 $84,000.00 113 Removable Bollards - Site Feature '18' EA 15 $1,400.00 $21,000.00 114 4' Tall Chain-Link Fence - Site Feature '29' LF 82 $175.00 $14,350.00 115 Chain-Link Sliding Gate - Site Feature '30' EA 4 $6,260.00 $25,040.00 116 3 Row Bleachers - Site Feature '33' EA 2 $12,000.00 $24,000.00 117 Soil Conditioning & Amendments SF 181648 $1.00 $181,648.00 118 Turf Hydroseed SF 167806 $1.00 $167,806.00
119 5 Gallon Shrubs EA 603 $42.00 $25,326.00
120 15 Gallon Trees EA 41 $348.00 $14,268.00
121 Root Barriers LF 442 $18.00 $7,956.00
122 Top Dressing - Decorative Bark Mulch SF 13852 $1.00 $13,852.00 (Shrub Areas Only)
123 90 Day Maintenance/Establishment Period SF 181648 $1.00 $181,648.00 124 Irrigation System SF 181648 $4.00 $726,592.00
125 Irrigation Booster Pump EA 1 $77,000.00 $77,000.00
126 Irrigation Controller EA 1 $16,700.00 $16,700.00
127 Sleeving LS 1 $5,570.00 $5,570.00
128 Tree Trimming LS 1 $14,300.00 $14,300.00
129 Potholing EA 100 $3,100.00 $310,000.00
Total: $31,567,363.00
#18..
- 1018 -
-1-

CONSTRUCTION MANAGEMENT & INSPECTION SERVICES AGREEMENT

JM PIKE PARK STORMWATER TO SANITARY SEWER CROSS CONNECTION

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

This Agreement is made with regard to the following recitals:

A. The City has determined that Construction Management & Inspection Services are necessary for the JM Pike Park Stormwater to Sanitary Sewer Cross Connection Removal and Water Main Project.

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

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

1. SCOPE OF SERVICES.

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

2. TERM OF AGREEMENT.

This Agreement is effective as of the date first written above and will #18..
- 1019 -
-2-
continue in effect until City's acceptance of and payment for all services authorized by City and performed by Consultant, unless terminated earlier in accordance with the provisions of the termination clause in this Agreement.

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

3. COMPENSATION.

Consultant agrees to accept a sum not to exceed TWO MILLION NINE HUNDRED SIX THOUSAND THREE HUNDRED THIRTY-THREE AND 00/100 DOLLARS ($2,906,333) (maximum compensation) as full remuneration for performing all services and furnishing all staffing and materials for Modesto in accordance with Exhibit "A" attached hereto and for performance by Consultant of all of its duties and obligations under this Agreement, except that additional services may be compensated as described below.

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

City shall pay Consultant on a time and materials basis for Consultant’s actual costs for all work called for in Exhibit “A” to this Agreement. All work to be performed under this Agreement shall be billed at the hourly rates set forth in Exhibit “B” attached hereto, Consultant shall submit monthly invoices to City which include detailed tasks, hours worked, and billable rates for all work completed, and detailed receipts for any out-of-pocket costs paid by Consultant in connection with work performed on this project. #18..
- 1020 -
-3-
Additional services may be authorized by the City Manager in an amount up to, but not to exceed ten percent (10%) of the agreed maximum compensation, or TWO HUNDRED NINETY THOUSAND SIX HUNDRED THIRTY-THREE AND 00/100 DOLLARS ($290,633). In the event that additional services are deemed necessary, the Consultant shall provide a written request to the City Manager indicating the reason for additional work, scope and cost of such work. The City Manager shall provide a written response to the request, either approving or denying the additional expenditure. If additional services are requested and approved, they will be billed at the hourly rates set forth in Exhibit “B” and may not exceed the amount requested and approved in writing by the City Manager. In that event, the new total compensation shall not exceed THREE MILLION ONE HUNDRED NINETY-SIX THOUSAND NINE HUNDRED SIXTY-SIX AND 00/100 DOLLARS ($3,196,966). If additional services in excess of this amount are deemed necessary by City Staff, an amendment to this Agreement will be required and must be approved by the City Council prior to commencing the work, as provided in Paragraph 9 of this agreement.

4. OBLIGATIONS OF CONSULTANT.

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

Consultant represents that it has all of the necessary professional capabilities and experience, as well as all tools, instrumentalities, facilities and other resources necessary to provide the City with the services contemplated by this Agreement. Consultant further represents that it will follow the best current, generally accepted and professional practices to make findings, render opinions, prepare factual presentations, and provide professional advice and recommendations regarding this project. In providing services under this Agreement, Consultant shall perform in a manner consistent with that degree of care and skill ordinarily exercised by members of the same profession currently practicing under similar circumstances at the same time and in the #18..
- 1021 -
-4-
same or similar locality ("Standard of Care").”

5. PERFORMANCE BY KEY EMPLOYEE.

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

6. OWNERSHIP OF DOCUMENTS/TITLE TO DATA.

Ownership of Documents
All reports, drawings, designs, graphics, working papers and other incidental work or materials furnished hereunder shall become and remain the property of the City, upon payment of all invoices due and owing to Consultant, and may be used by City as it may require without any additional cost to City. No reports shall be used by the Consultant for purposes other than this contract without the express prior written consent of City. City shall, to the fullest extent permitted by law, defend, indemnify, and hold harmless Consultant from and against any and all costs, expenses, fees, losses, claims, demands, liabilities, suits, actions, and damages whatsoever arising out of or resulting from such unauthorized reuse or distribution.

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

All materials, documents, data or information obtained from the City data files or any City medium furnished to Consultant in the performance of this Agreement will at all #18..
- 1022 -
-5-
times remain the property of the City. Such data or information may not be used or copied for direct or indirect use by Consultant after termination of this Agreement without written consent of the City.

7. NEWS AND INFORMATION RELEASE.

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

8. INTEREST OF CONTRACTOR.

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

9. AMENDMENTS.

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

Until a change order is so executed, City will not be responsible to pay any charges Consultant may incur in performing such additional services, and Consultant shall not be required to perform any such additional services. #18..
- 1023 -
-6-

10. INDEPENDENT CONTRACTOR.

All acts of Consultant, its agents, officers, and employees and all others acting on behalf of Consultant relating to the performance of this Agreement, shall be performed as independent contractors and not as agents, officers, or employees of City. Consultant, by virtue of this Agreement, has no authority to bind or incur any obligation on behalf of City.

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

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

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

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

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

If in the performance of this Agreement any third persons are employed by Consultant, such persons shall be entirely and exclusively under the direction, supervision, and #18..
- 1024 -
-7-
control of Consultant. All terms of employment including hours, wages, working conditions, discipline, hiring, and discharging or any other term of employment or requirement of law shall be determined by the Consultant.

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

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

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

11. ASSIGNMENT.

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

12. PATENT/COPYRIGHT MATERIALS.

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

13. NOTICES.

Notice required by this Agreement shall be given in writing and shall be deemed given and effective upon receipt provided that such are delivered in accordance with the #18..
- 1025 -
-8-
provisions of this Section. Notices shall be delivered either by: (a) personal delivery (including delivery by an overnight courier service which obtains confirmation of receipt); or (b) by facsimile, provided that such transmission is followed by delivery by an overnight courier service which obtains confirmation of receipt; or (c) postage prepaid, return receipt requested, certified mail; or (d) by electronic transmission subject to reasonable proof that the notice was both transmitted and received. Each such notice shall be sent to the parties at the address respectively set forth below or to such other address as a party may designate by written notice given in accordance with the provisions of this Section:

FOR CONSULTANT: Name: West Yost Associates
Address: 8950 Cal Center Drive
Building 1, Suite 363
Sacramento, CA 95826
Attention: Charles Duncan
Phone: (530) 792-3220
Email: [email protected]
FOR CITY: Name:

Address:

City of Modesto
1010 10th Street
Suite 4600
Modesto, CA 95354
Attention: Pete Kambel
Phone (209) 577-5444
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. #18..
- 1026 -
-9-
In the event the certificates of insurance required hereunder do not provide for notice of cancellation to the certificate holder and/or additional insureds, the Consultant shall provide, and shall require its subcontractors to provide, as an express condition precedent to payment hereunder, an endorsement from their insurers providing that the additional insureds identified herein shall be provided 30 days notice of the cancellation on the policies of insurance required hereunder (10 days notice if the policies are cancelled for non-payment of premium). In addition, the named insured on all such policies shall provide to the additional insureds identified herein any notices of cancellation of said insurance policies within 5 business days of receipt of such notice. The Consultant shall, as a further express condition precedent to payment for work performed, affirm under penalty of perjury that the required insurance on the project remains in place and said insurance has not been cancelled.
(a) Worker's Compensation - in compliance with the statutes of the State of California, plus employer's liability with a minimum limit of liability of $1,000,000. (b) General Liability insurance with a minimum limit of liability per occurrence of $1,000,000 for bodily injury and property damage. If Commercial General Liability Insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit. This insurance shall indicate on the certificate of insurance the following coverages and indicate the policy aggregate limit applying to: premises and operations; broad form contractual; independent consultants and subcontractors; products and completed operations as applicable.
(c) Automobile Liability insurance with a minimum limit of liability per occurrence of $1,000,000 for bodily injury and property damage. This insurance shall cover any automobile for bodily injury and property damage.
#18..
- 1027 -
-10-
(d) Professional Liability insurance with a minimum limit of $1,000,000 per claim and policy aggregate. If coverage is on a claims made basis it shall be maintained for at least three (3) years following completion of the work.

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

Failure of the Consultant to obtain and/or maintain any required insurance shall not relieve the Consultant from any liability under this Agreement, nor shall the insurance requirements be construed to conflict with or otherwise limit the obligations of the Consultant concerning indemnification. The City, its agents, officers, employees, and volunteers shall be named as an additional insured on all insurance policies required herein, except Workers' Compensation and Professional Liability. The Workers' Compensation insurer shall agree to waive all rights of subrogation against the City, its agents, officers, employees, and volunteers for losses arising from work performed by Consultant for the City. The Consultant's insurance policy(ies) shall include a provision that the coverage is primary as respects the City; shall include no special limitations to coverage provided to additional insured; and, shall be placed with insurer(s) with acceptable Best's rating of A:VII or with approval of the Risk Manager. The Consultant must deliver certificates evidencing existence of the insurance listed above to the City prior to the time the contract is signed.

CONSULTANT shall provide CITY with separate endorsements evidencing proof of the CITY’s additional insured status as to both the general liability and #18..
- 1028 -
-11-
automobile liability insurance policies. In addition, CONSULTANT shall provide CITY with a Workers Compensation subrogation waiver by way of a separate endorsement. All endorsements referenced above must include the applicable policy number.

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

15. TERMINATION OF AGREEMENT.

Termination by City for Default of Consultant
Should Consultant default in the performance of this Agreement or materially breach any of its provisions, at its option, City may terminate this Agreement by giving written notification to Consultant. The termination date shall be the effective date of the notice. For the purposes of this section, material breach of this Agreement shall include, but not be limited to, any of the following: failure to perform required services or duties, willful destruction of City's property by Consultant, dishonesty or theft. #18..
- 1029 -
-12-
Termination byCity for Convenience
The City may also terminate the Consultant's performance under the Agreement, either in whole or in part, at its own discretion, or when conditions encountered during the Work make it impossible or impracticable to proceed, or when the Cityis prevented from proceeding with the Agreement by act of God, by law, or by official action of a public authority, or upon a determination by the City that such termination is in the best interest and convenience of the City, or whenever the City is prohibited from completing the Work for any reason. The Cityshall provide no less than ten (10) calendar days written notice of its intent to terminate the Agreement for convenience, and shall endeavor to provide the Consultant with consultation with the City prior to termination.

Post-Termination Procedure
Upon receipt of a written notice of termination pursuant to either of the foregoing paragraphs, the Consultant shall:
a. Cease its work as directed in the notice of termination as of the termination date and see to it that its employees, subconsultants and agents are notified of such termination and act as specified in the notice of termination;
b. Terminate all orders and Subcontractors except as necessary to complete any portion of the Work that is not terminated; c. If directed in writing by the City to do so, assign all right, title and interest in subcontracts and materials in progress to City, in which case the City will have the right at its discretion to settle, or pay any or all claims arising out of the termination of such subconsultants, but in no event shall recovery by any Consultant or #18..
- 1030 -
-13-
subconsultant include lost profits for portions of the Work not completed or undertaken, including materials not delivered; d. Deliver or otherwise make available to the City all data, drawings, specifications, reports, estimates, summaries and such other information and material as mayhave been accumulated by the Consultant in performing the Work whether completed or in process; e. Settle outstanding liabilities and claims, subject to the approval of City;
f. Complete performance of such part of the Work as has not been terminated;
g. Take such other actions as may be necessary, or as may be directed by the City for the protection and preservation of the Work and/or property related to the Work;
h. If City so requests, and at City's cost, Consultant shall provide sufficient oral or written status reports to make City reasonably aware of the status of Consultant's work on the project. i. The Consultant understands and agrees that City may, in City's sole discretion, refuse to pay Consultant for that portion of Consultant's services which were performed by Consultant on the project prior to the termination date and which remain
unacceptable and/or not useful to City as of the termination date.

City will pay Consultant an amount based on the percentage of satisfactory work completed in accordance with the notice of termination. The final payment to #18..
- 1031 -
-14-
the Consultant after termination for convenience shall be limited to amounts due and owing under the Agreement at time of termination, including the following:
a. The cost of settling and paying valid claims arising out of the termination of the Work such as subconsultant agreements or contracts for materials;
b. The Agreement price allocable to the portion of the Work properly performed or goods supplied to the work site by the Consultant as of the date of termination, as determined in accordance with the notice of termination, reduced by any sums previously paid to the Consultant.

Authorization to Terminate Agreement
Termination of the Agreement may be invoked by the City Manager, or his/her designee, subject to the right of the Consultant to appeal the City Manager, or his/her designee’s, decision to the City Council. The Consultant shall appeal by notifying the City Clerk in writing within ten (10) calendar days of receipt of written notification from City of termination of the Agreement. In the event that termination of this Agreement is upheld by the City Council, any cessation of payment of delay claims, extended claims, Eichleay claims, or any other claims for delay shall be retroactive to the date of termination selected by the City Manager, or his/her designee.
#18..
- 1032 -
-15-

16. CERTIFIED PAYROLL REQUIREMENT.

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

17. INDEMNITY.

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

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

18. DISPUTE RESOLUTION.

All claims, controversies, or disputes arising out of, or relating to the formation of this Agreement, or the breach, termination execution, enforcement, interpretation, or validity of this Agreement, including the determination of the scope or applicability of this contract provision shall be determined by binding arbitration in Modesto, California by one arbitrator, except as otherwise specified in this Agreement. The American Arbitration #18..
- 1033 -
-16-
Association shall administer the arbitration under its Arbitration Rules then in effect, subject to the modifications of those rules contained in this paragraph. This agreement to arbitrate shall be specifically enforceable under the prevailing law of any court having jurisdiction, and the award rendered by the arbitrator may be entered in any court having jurisdiction. The appropriate venue for any arbitration or court proceeding relating to or arising out of this provision shall be in Stanislaus County, California.

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

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

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

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

Whether or not City and Consultant may be engaged in interstate commerce, any controversy or dispute mentioned above shall be determined by, and the parties #18..
- 1034 -
-17-
shall be bound by, the substantive law of the State of California, and not the Federal Arbitration Act at 9 USC Section 1 et seq.

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

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

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

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

19. ENTIRE AGREEMENT.
#18..
- 1035 -
-18-
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. #18..
- 1036 -
-19-

22. AUDIT.

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

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

23. GOVERNING LAW.

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

24. HEADINGS NOT CONTROLLING.

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

25. COMPLIANCE WITH LAWS.

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

Consultant shall comply with all applicable federal, state, and local laws, ordinances, regulations and permits.

26. CITY BUSINESS LICENSE.

Consultant will have a City of Modesto business license. #18..
- 1037 -
-20-
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.
#18..
- 1038 -

EXHIBIT A
#18..
- 1039 -

EXHIBIT B
#18..
- 1040 -

EXHIBIT B
#18..
- 1041 -
-1-

ENGINEERING SERVICES DURING CONSTRUCTION AGREEMENT
FOR THE J.M. PIKE PARK STORMWATER TO SANITARY SEWER CROSS

CONNECTION REMOVAL AND WATER MAIN PROJECT
THIS AGREEMENT, made and entered into in the City of Modesto, State of California, this day of , 2023, (“Effective Date”) by and between the CITY OF MODESTO, a municipal corporation of the State of California, hereinafter referred to as "City", and WOODARD & CURRAN, INC., a Maine corporation, hereinafter referred to as "Consultant".

This Agreement is made with regard to the following recitals:

A. The City has determined that Engineering Services During Construction are necessary for the J.M. Pike Park Stormwater to Sanitary Sewer Cross Connection Removal and Water Main Project.

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

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

1. SCOPE OF SERVICES.

Consultant shall undertake and complete the preparation of the scope of work as set forth and described in the documents attached hereto and referred to as Exhibit "A" or "project". The Consultant shall perform the services as described in Exhibit "A" in a manner compatible with the standards of its profession and shall produce a fully complete project that is acceptable to City.
#18..
- 1042 -
-2-

2. TERM OF AGREEMENT.

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

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

3. COMPENSATION.

Consultant agrees to accept a sum not to exceed FOUR HUNDRED FORTY THOUSAND FOUR HUNDRED EIGHTY-TWO AND 00/100 DOLLARS ($440,482) (maximum compensation) as full remuneration for performing all services and furnishing all staffing and materials for Modesto in accordance with Exhibit "A" attached hereto and for performance by Consultant of all of its duties and obligations under this Agreement, except that additional services may be compensated as described below.

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

City shall pay Consultant on a time and materials basis for Consultant’s actual costs for all work called for in Exhibit “A” to this Agreement. All work to be performed under this Agreement shall be billed at the hourly rates set forth in Exhibit “B” attached hereto, #18..
- 1043 -
-3-
Consultant shall submit monthly invoices to City which include detailed tasks, hours worked, and billable rates for all work completed, and detailed receipts for any out-of-pocket costs paid by Consultant in connection with work performed on this project.

Additional services may be authorized by the City Manager in an amount up to, but not to exceed ten percent (10%) of the agreed maximum compensation, or FORTYFOUR THOUSAND AND 00/100 DOLLARS ($44,000). In the event that additional services are deemed necessary, the Consultant shall provide a written request to the City Manager indicating the reason for additional work, scope and cost of such work. The City Manager shall provide a written response to the request, either approving or denying the additional expenditure.

If additional services are requested and approved, they will be billed at the hourly rates set forth in Exhibit “B” and may not exceed the amount requested and approved in writing by the City Manager. In that event, the new total compensation shall not exceed FOUR HUNDRED EIGHTY-FOUR THOUSAND FOUR HUNDRED EIGHTY-TWO AND 00/100 DOLLARS ($484,482). If additional services in excess of this amount are deemed necessary by City Staff, an amendment to this Agreement will be required and must be approved by the City Council prior to commencing the work, as provided in Paragraph 9 of this agreement.

4. OBLIGATIONS OF CONSULTANT.

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

Consultant warrants that it has all of the necessary professional capabilities and experience, as well as all tools, instrumentalities, facilities and other resources necessary to provide the City with the services contemplated by this Agreement. Consultant further warrants that it will follow the best current, generally accepted and professional practices to make findings, render opinions, #18..
- 1044 -
-4-
prepare factual presentations, and provide professional advice and recommendations regarding this project.

Consultant is not responsible for damage or delay in performance caused by events beyond the reasonable control of Consultant. In the event Consultant’s services are suspended, delayed or interrupted for the convenience of the City or delays occur beyond the reasonable control of Consultant, an equitable adjustment in Consultant’s time of performance and cost of Consultant’s personnel and subcontractors may be made.

5. PERFORMANCE BY KEY EMPLOYEE.

Consultant has represented to City that Glenn Hermanson , 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 #18..
- 1045 -
-5-
aids and other related materials, the originals of all such data generated under this agreement will be delivered to City upon the completion or termination of services under the contract.

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

7. NEWS AND INFORMATION RELEASE.

Consultant agrees that it will not issue any news releases in connection with either the award of this Agreement, or any subsequent amendment of or efforts under this 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 #18..
- 1046 -
-6-
work shall be discussed with City and the change and cost shall be memorialized in a written amendment to the original contract prior to the performance of the additional work.

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

10. INDEPENDENT CONTRACTOR.

All acts of Consultant, its agents, officers, and employees and all others acting on behalf of Consultant relating to the performance of this Agreement, shall be performed as independent contractors and not as agents, officers, or employees of City. Consultant, by virtue of this Agreement, has no authority to bind or incur any obligation on behalf of City.

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

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

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

Consultant shall determine the method, details and means of performing the work and services to be provided by Consultant under this Agreement. Consultant shall be responsible to City only for the requirements and results specified in this Agreement, and, except as expressly provided in this Agreement, shall not be subjected to City's control with respect to the physical action or activities of the Consultant in fulfillment of this Agreement. Consultant has control over the manner and means of performing the services under this Agreement. #18..
- 1047 -
-7-
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.

11. INDEPENDENT CONTRACTOR. 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.

12. 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. #18..
- 1048 -
-8-

13. 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.

14. NOTICES.

Notice required by this Agreement shall be given in writing and shall be deemed given and effective upon receipt provided that such are delivered in accordance with the provisions of this Section. Notices shall be delivered either by: (a) personal delivery (including delivery by an overnight courier service which obtains confirmation of receipt); or (b) by facsimile, provided that such transmission is followed by delivery by an overnight courier service which obtains confirmation of receipt; or (c) postage prepaid, return receipt requested, certified mail; or (d) by electronic transmission subject to reasonable proof that the notice was both transmitted and received. Each such notice shall be sent to the parties at the address respectively set forth below or to such other address as a party may designate by written notice given in accordance with the provisions of this Section:
#18..
- 1049 -
-9-
FOR CONSULTANT: Name: Woodard & Curran, Inc.

Address: 801 T Street
Sacramento, CA 95811
Attention: Glenn Hermanson
Phone: (916) 999-8700
Email: [email protected]
FOR CITY: Name: City of Modesto
Address: 1010 10th Street
Suite 4600
Modesto, CA 95354
Attention: Cristian Cioutau
Phone: (209) 577-5260
Email: [email protected]

15. 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 reduction in the policy, notices of same shall be given to the Risk Manager of the City by certified mail, return receipt requested, for all of the following stated insurance policies.

In the event the certificates of insurance required hereunder do not provide for notice of cancellation to the certificate holder and/or additional insureds, the Consultant shall provide, and shall require its subcontractors to provide, as an express condition precedent to payment hereunder, an endorsement from their insurers providing that the additional insureds identified herein shall be provided 30 days notice of the cancellation on the policies of insurance required hereunder (10 days notice if the policies are cancelled for non-payment of premium). In addition, the named insured on all such policies shall provide to the additional insureds identified #18..
- 1050 -
-10-
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 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 #18..
- 1051 -
-11-
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 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 #18..
- 1052 -
-12-
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.

16. 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.
#18..
- 1053 -
-13-
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 #18..
- 1054 -
-14-
terminated;
g. Take such other actions as may be necessary, or as may be directed by the City for the protection and preservation of the Work and/or property related to the Work;
h. If City so requests, and at City's cost, Consultant shall provide sufficient oral or written status reports to make City reasonably aware of the status of Consultant's work on the project. i. The Consultant understands and agrees that City may, in City's sole discretion, refuse to pay Consultant for that portion of Consultant's services which were performed by Consultant on the project prior to the termination date and which remain
unacceptable and/or not useful to City as of the termination date.

City will pay Consultant an amount based on the percentage of satisfactory work completed in accordance with the notice of termination. The final payment to the Consultant after termination for convenience shall be limited to amounts due and owing under the Agreement at time of termination, including the following:
a. The cost of settling and paying valid claims arising out of the termination of the Work such as subconsultant agreements or contracts for materials;
b. The Agreement price allocable to the portion of the Work properly performed or goods supplied to the work site by the Consultant as of the date of termination, as determined in accordance with the notice of termination, reduced by any sums #18..
- 1055 -
-15-
previously paid to the Consultant.

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

17. 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.

18. 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. #18..
- 1056 -
-16-
Consultant's obligation to defend, indemnify, and hold the City, its agents, officers, and employees harmless under the provisions of this paragraph is not limited to or restricted by any requirement in this Agreement for Consultant to procure and maintain a policy of insurance.

19. 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 #18..
- 1057 -
-17-
Association within ninety (90) days after mailing of the written rejection by City to Consultant.

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

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

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

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

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

Notwithstanding anything in this provision to the contrary, the arbitrator shall have no power to award punitive damages or other damages not measured by the party’s actual damages (excluding litigation costs and fees) against any party. This limitation of the #18..
- 1058 -
-18-
arbitrator’s powers under this Agreement shall not operate as an exclusion of the issue of punitive damages from this Agreement to Arbitrate sufficient to vest jurisdiction in a court with respect to that issue.

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

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

20. 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.

21. 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. #18..
- 1059 -
-19-

22. 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.

23. 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.

24. GOVERNING LAW.

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

25. HEADINGS NOT CONTROLLING.

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

26. 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.
#18..
- 1060 -
-20-

27. CITY BUSINESS LICENSE.

Consultant will have a City of Modesto business license.

28. THIRD PARTIES.

The services to be performed by Consultant are intended solely for the benefit of the City. No person or entity not a signatory to this Agreement shall be entitled to rely on Consultant’s performance of its services hereunder, and no right to assert a claim against Consultant by assignment or indemnity rights or otherwise shall accrue to a third party as a result of this Agreement or the performance of Consultant’s services hereunder.

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.
#18..
- 1061 -

CITY OF MODESTO

JM PIKE PARK STORMWATER CROSS CONNECTION REMOVAL PROJECT

ENGINEERING SUPPORT DURING CONSTRUCTION

SCOPE OF WORK
The following scope details the work to be completed by Woodard & Curran (Consultant) for the JM Pike Park Stormwater to Sanitary Cross Connection Removal Project (Project). Our fee proposal is based on the assumptions and clarifications which are included at the end of this scope.

Task 1 Project Management During Construction
Woodard & Curran will conduct the project management activities required to manage technical, financial, and schedule aspects of the Project necessary to complete the work. Activities include coordinating and facilitating team and client meetings, coordinating quality assurance, coordinating with the City, the City’s construction manager, and Woodard & Curran subcontractors, monitoring the progress of the work, and assembling project deliverables. Work under this task will include the following subtasks during the construction phase of the Project (estimated to be 14 months).

Subtask 1.1: Project Progress, Budget, and Schedule
Woodard & Curran will provide progress, budget, and schedule tracking for this project. Invoices and brief monthly progress reports documenting key decisions made and outstanding issues will be prepared.

Subtask 1.2: Project Communications
Under this subtask, Woodard & Curran will provide overall coordination and communication with City staff and City’s construction manager. Bi-weekly half-hour conference calls with City staff and the consultant team will be held throughout the construction portion of the project (estimated to be 14 months). The purpose of these meetings shall be to communicate project progress, discuss upcoming work activities, identify and resolve project issues, make design decisions, and/or discuss permits and easements. The exact frequency of these calls shall be determined based on project and/or the City’s needs. No agendas or meeting minutes will be prepared for the bi-weekly conference calls. A short email logging decisions made or resolutions agreed to shall be completed as necessary for each call.

Deliverables:
• Monthly invoices and brief project reports for up to 14 months • Up to 28 notes logging key decisions and action items discussed in coordination calls with the City and/or its contractors will be provided by email, as needed.

Task 2 Construction Outreach
To support public outreach, Consultant will work with the City to keep the public aware of the project extents, project schedule, and benefits of the Project. Work under this task will include the following subtasks:

Subtask 2.1: Meeting, Flier, Website Support and Information Board The Woodard & Curran team will prepare an outreach package consisting of:
• Technical support and presentation materials for a community meeting prior to construction. • Preparation of content for one community meeting and announcement mailer for the City to mail.

EXHIBIT A
#18..
- 1062 -
• A single page of website content for the City to augment the design phase project website. The material will be focused on projected construction milestones, community meeting schedule information, and community meeting presentation materials and graphics. • Project information content for use in City newsletters and uploading to accounts managed by City communications professionals.
• Design of an interpretive panels for installation at the park by the construction contractor in accordance with the requirements of the City and the State grant agreement. The interpretive panel will include a scannable code linking to online information.

Deliverables:
• Mailing materials for residents with a 3/4-mile radius of the project boundaries (one mailing). • Announcements, agendas, presentation materials for one community meeting. • Project website content such as project description, project projected milestones, community meeting schedule information, community meeting presentation materials, and photos/drawings in Microsoft Word, pdf, or jpeg format.
• PDF or jpeg format design of interpretive panel content for construction contractor.

Task 3 Engineering Support
Woodard & Curran will provide support during the construction phase of the project, estimated to be 14 months, with the following subtasks.

Subtask 3.1: Construction Meetings
Woodard & Curran will support the City by attending 1 pre-construction meeting and up to 19 additional virtual biweekly construction progress meetings (up to one hour each).

Subtask 3.2: Requests for Information
This scope of work assumes a total of 80 requests for information with an average of 4 hours per response. Woodard & Curran will review and respond with a brief PDF documenting a response.

Subtask 3.3: Submittals
This scope of work assumes a total of 90 submittals, inclusive of resubmittals. Submittal review duration is assumed to average 8 hours each. Woodard & Curran will review and respond with a brief PDF documenting a response.

Subtask 3.4: Change Order
If necessary, Woodard & Curran will support the City preparing one change order by reviewing and marking up a scope of work provided by the City and providing any necessary comments. This scope of work covers one change order review/contract modification with effort of 20 hours.

Subtask 3.5 Closeout
This scope of work assumes 80 hours of support directed at the following services. • Review As-builts drawings submitted by the Contractor. Fee estimate is based on one submittal.
• Preparation of record drawings for public portions of the project, based on contractorEXHIBIT A #18..
- 1063 -
maintained field drawings.
• Review of warranty documents.

Deliverables:
• Up to 80 PDF-format responses to request for information • Up to 90 PDF-format responses to submittals
• Up to one markup of a City-provided PDF copy of a construction contractor change order, related to water and stormwater design items.
• PDF and CAD drawing set, reflecting a single update to as-built conditions.

Task 4 O’Dell Engineering Support During Construction
O’Dell will support the City and the Project team with up to one field visit per month and coordination and communication of construction observations for the civil engineering construction, as noted in the following subtask.

Subtask 4.1 Engineering Support During Construction
Within the budgeted allocation and upon the request of City staff, services rendered may include:
• Coordination with the project team and the City as needed to maintain schedule and budget (up to 16 hours).
• Attendance at the pre-construction meeting (up to two hours total). • Up to 20 site visits for construction observation as requested (up to 40 hours). • Correspondence as required related to site visits.
• Review of submittals related to landscape (up to 8 submittals). • Review and approval of updates to contractor schedule. • Review of requests for information related to landscape (up to 5 requests). • Review of change orders related to landscape (up to 2 change orders). • Preparation of landscape-related as-built drawings from contractor-maintained field drawings.

Deliverables:
• Up to 5 PDF-format responses to request for information • Up to 8 PDF-format responses to submittals
• Up to 2 markups of a City-provided PDF copy of a construction contractor change order related to landscape design items.
• PDF and CAD drawing set, reflecting a single update to as-built conditions.

Task 5 Crawford Engineering Support During Construction Crawford will support the team and the City during construction as noted in the following subtask.

Subtask 5.1 Engineering Support During Construction
Crawford will provide support during construction by responding to Geotechnical related requests for information and submittals (up to 5 each). Crawford will also attend up to two construction meetings and coordinate with the team as needed to maintain schedule and budget.

EXHIBIT A
#18..
- 1064 -
Assumptions and Limitations
• The City will participate in project meetings.
• The City will schedule, reserve, and pay for the community meeting venue and ancillary costs related to the community meeting.
• The City will mail out community meeting outreach announcements. • The City will develop the project webpage. City will provide website hosting and website maintenance.
• The City will upload the outreach content provided to the website. • Interpretive panel at the Park will be installed as part of the construction contractor’s scope and budget.
• All progress meetings (with the exception of the pre-construction meeting and outreach meeting) are assumed to be conducted virtually unless otherwise noted. • The duration of the construction phase of the project is estimated at 14 months. If the schedule of construction is delayed, schedule revisions and additional project management time may be required at an additional cost.
• Biweekly conference calls are assumed to be up to an hour long. • The City will provide a Construction Manager responsible for the administration of the construction contract.
• All comments and questions from members of the public outside of the public meeting will be addressed by City staff or other contractors and direct coordination with the public is not included.
• The City will provide a Resident Project Representative responsible for the verification of the construction contractor’s progress and quality of work. • Construction support fieldwork will be completed during standard daytime hours (7am to 6pm).
• For water line connections on private property, support is limited to requests for information on the connections to the water mains and hose bibs. Routing connections on private property from the water main to the point of service is assumed to be the responsibility of the contractor, with support from the City’s Construction Administrator and is not included. • No survey or right-of-way support is included.
• Record drawings of as-built conditions on private property are not included.

EXHIBIT A
#18..
- 1065 -

EXHIBIT B
#18..
- 1066 -
- 1 -
10/10/2023 4:30:00 PM

OFFICE OF THE CITY CLERK

NOTICE OF SPECIAL MEETING
Please take notice that a special Closed Session meeting of the Council of the City of Modesto has been called pursuant to Section 2-1.02 of the Modesto Municipal Code to be convened on
TUESDAY, OCTOBER 24, 2023 AT 4:45 PM
and after the regularly scheduled meeting in the Tenth Street Place, Chambers Conference Room, Basement Level, 1010 Tenth Street, Modesto, California.

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

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

CLOSED SESSION
CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION
Two Cases (Pursuant to Section 54956.9(d)(1) of the Government Code) Name of Case: City of Camden, et al. v. E.J. DuPont de Nemours and Co. et al.

U.S. District Court for the District of South Carolina Charleston Division
Case No.: 2:23-cv-03230-RMG
City of Camden, et al. v. 3M Company
U.S. District Court for the District of South Carolina Charleston Division
Case No.: 2:23-cv-03147-RMG
CONFERENCE WITH LEGAL COUNSEL — ANTICIPATED LITIGATION
One Case (Pursuant to Section 54956.9(d)(4) of the Government Code)

BY ORDER OF THE CHAIR
/S
Diane Nayares-Perez, City Clerk
#19..
- 1067 -
- 2 -
10/10/2023 4:30:00 PM
Posted pursuant to Government Code Section 54956 on the bulletin board at Tenth Street Place on at by
date time signature
#19..
- 1068 -