On October 04, 2022, by Resolution 2022-406, Council approved Amendment #1 to the Facility and Fleet Maintenance Agreements with StanRTA. Amendment #1 further defined indemnifications, building access, hourly rates, and delegated authority to Modesto City Manager and StanRTA Chief Executive Officer to approve minor changes the agreement.
DISCUSSION:
During the execution of services provided to the StanRTA, additional bus inventory has been implemented requiring an update to the fleet maintenance agreement. It is necessary to maintain continued operations of the public transit system.
These amendments propose the following changes:
Fleet Maintenance
1. Increase Fleet Maintenance personnel to properly manage the contractual agreement of the agreed upon maintenance and reporting, including the addition of maintenance and office support personnel.
Position Additional
Positions
Total Positions
Administrative Services Technician (AST); the
additional position removes all part time AST
workers and all Direct Charge Agreement
administrative staff from transit fleet
maintenance expenses
1 2
Equipment Services Technician 3 3
Maintenance Worker I (fueler) 4 8
Reclassify Heavy Mechanics to Crew leader;
(total mechanics stay at 15 FTE)
2 4
2. Grant the City Manager the authority to approve additional personnel, mechanics, and service technicians per agreed maximum levels that are mutually agreed without further approval from the City Council.
Position Additional
Positions
Total Positions
Administrative Service Technician 0 2
Equipment Services Technician 4 7
Maintenance Worker I (fueler) 0 8
Heavy Mechanic: (total mechanics increased to
17 FTE including Crew Leaders)
2 17
3. Change the manner of the monthly billing so that it is being billed based on actual cost instead of an estimated fee. This will eliminate the need to complete an annual true-up based on all labor, parts and services being billed at cost. #12..
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City Council, March 12, 2024
Amended and Restated Agreement for Maintenance Services with Stanislaus Regional Transit Authority Fleet Maintenance
4. Define 12 key performance indicators and their associated monthly reports, purchase authorization levels, warranty claim parameters, and collaboration between the two Agencies in developing the annual budget.
FISCAL IMPACT:
There is no impact to the General Fund with these amendments. The revenue received from StanRTA for bus maintenance services will fully compensate the City for the services, including management and overhead expenses. There will not be additional funds needed from the General Fund.
COMMITTEE RECOMMENDATION:
This item was presented to Finance Committee on February 26, 2024, as a report on updates to the existing Agreement between the City and StanRTA and was recommended to forward to Council for approval.
RECOMMENDED COUNCIL ACTION:
Staff Recommendations:
Resolution approving the Amended and Restated Agreement for Maintenance Services Fleet Maintenance Agreement between the City of Modesto and the Stanislaus Regional Transit Authority, amending the Position Allocation Plan to add one Administrative Services Technician, three Equipment Services Technicians, four Maintenance Worker I, and reclassifying two Heavy Equipment Mechanics to two Heavy Equipment Mechanic Crew Leaders and authorizing the City Manager, or his designee to further increase the position allocations, and execute the agreement.
Approved by:
Bill Sandhu, Public Works Department
Joseph P. Lopez, City Manager
Attachments:
1. Resolution
2. Amended and Restated Agreement to fleet maintenance services
3. Signed Final Agreement July 2021
4. Signed Amendment No. 1 September 2021
5. Resolution 2022-406
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MODESTO CITY COUNCIL
RESOLUTION NO. 2024-XXX
RESOLUTION APPROVING THE AMENDED AND RESTATED AGREEMENT
FOR MAINTENANCE SERVICES FLEET MAINTENANCE AGREEMENT
BETWEEN THE CITY OF MODESTO AND THE STANISLAUS REGIONAL
TRANSIT AUTHORITY, AMENDING THE POSITION ALLOCATION PLAN TO
ADD ONE ADMINISTRATIVE SERVICES TECHNICIAN, THREE EQUIPMENT
SERVICES TECHNICIANS, FOUR MAINTENANCE WORKER I, AND
RECLASSIFYING TWO HEAVY EQUIPMENT MECHANICS TO TWO HEAVY
EQUIPMENT MECHANIC CREW LEADERS AND AUTHORIZING THE CITY
MANAGER, OR HIS DESIGNEE TO FURTHER INCREASE THE POSITION
ALLOCATIONS, AND EXECUTE THE AGREEMENT
WHEREAS, on January 26, 2021, by Resolution 2021-26, Council approved a Joint Powers Agency (JPA) agreement with Stanislaus County to form the Stanislaus Regional Transit Authority (StanRTA); and
WHEREAS, on April 6, 2021, by Resolution 2021-114, Council approved an amendment to the JPA agreement with Stanislaus County to form the StanRTA; and WHEREAS, on June 22, 2021, by Resolution 2021-252, Council approved the various agreements with StanRTA to transition City transit services to them; and WHEREAS, the transition of transit services from the City to the Authority and the transfer of assets occurred on July 1, 2021; and
WHEREAS, during the transition of operations to StanRTA, certain updates to the facility and fleet maintenance agreements were discovered; and #12..
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WHEREAS, on October 4, 2022, by Resolution 2022-406, Council approved Amendment #1 to the facility and fleet maintenance agreements with StanRTA.
Amendment #1 also grants the City Manager and Executive Director authority to approve minor amendments to the agreement without further approval from the governing board of the City or StanRTA; and
WHEREAS, Amendment #1 to the facility and fleet maintenance agreements updated various rates charged to StanRTA to capture changes in labor costs and discretionary expenses; and
WHEREAS, Amendment #1 to the fleet maintenance agreement allows the City of Modesto to recoup costs for expenses not fully captured by the hourly maintenance rate and fixed management and staff support rate, or issue payment to StanRTA if payments received exceed true costs at fiscal year-end; and WHEREAS, Amended and Restated Agreement for Maintenance Services to the Fleet Maintenance Agreement between the City of Modesto and StanRTA; and WHEREAS, amending the Position Allocation Plan to add one Administrative Services Technician, three Equipment Services Technicians, four Maintenance Worker I, and reclassifying two Heavy Equipment Mechanics to two Heavy Equipment Mechanic Crew Leaders; and
WHEREAS, this Amendment grants the City Manager the authority to approve additional personnel: two Heavy Equipment Mechanic Crew Leaders, and four Equipment Service Technicians per agreed maximum levels that are mutually agreed without further approval from the City Council; and
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WHEREAS, Amendment #1 will change the manner of the monthly billing so that it is being billed based on actual cost instead of an estimated fee.
NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Modesto that it hereby approves the Amended and Restated Agreement for Maintenance Services Fleet Maintenance Agreement between the City of Modesto and the Stanislaus Regional Transit Authority
BE IT FURTHER RESOVLED, that the Position Allocation Plan is amended to add one Administrative Services Technician, three Equipment Services Technicians, four Maintenance Worker I, and reclassifying two Heavy Equipment Mechanics to two Heavy Equipment Mechanic Crew Leaders.
BE IT FURTHER RESOLVED, that the City Manager is authorized to approve four additional Equipment Services Technicians and two additional Heavy Equipment Mechanic Crew Leaders without further approval of the City Council.
BE IT FURTHER RESOLVED, that the City Manager, or his designee, is authorized to execute the amendments, in a form approved by the City Attorney. #12..
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The foregoing resolution was introduced at a regular meeting of the Council of the City of Modesto held on the 12th day of March, 2024, by Councilmember ________, who moved its adoption, which motion being duly seconded by ___________, was upon roll call carried and the resolution adopted by the following vote:
AYES: Councilmembers:
NOES: Councilmembers: None
ABSENT: Councilmembers: None
ATTEST:
DIANE NAYARES-PEREZ, CMC,
City Clerk
(SEAL)
APPROVED AS TO FORM:
BY:
JOSE M. SANCHEZ, City Attorney
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Amended and Restated Agreement for Maintenance Services between Modesto and StanRTA
AMENDED AND RESTATED
AGREEMENT FOR MAINTENANCE SERVICES
BETWEEN
THE CITY OF MODESTO AND THE
STANISLAUS REGIONAL TRANSIT AUTHORITY
This AMENDED AND RESTATED MAINTENANCE AGREEMENT (“Agreement”), dated _______________ , 2023 for reference purposes, is by and between the City of Modesto, a municipal corporation, hereinafter referred to as “Modesto”, and the Stanislaus Regional Transit Authority, a joint powers agency, hereinafter referred to as “Authority.” Modesto and the Authority are sometimes referred to individually as a “Party” and collectively as the “Parties.” The Effective Date of this Agreement shall be July 1, 2023.
Recitals
A. WHEREAS, Modesto operated a public transit system referred to as Modesto Area Express or MAX; and
B. WHEREAS, the City of Modesto and the County of Stanislaus entered into a joint powers agreement consolidating their respective public transit systems and creating the Authority; and
C. WHEREAS, effective July 1, 2021, the Authority began operating as the countywide public transit provider, except for the City of Turlock; and D. WHEREAS, Authority and Modesto entered into an agreement effective July 1, 2021, as amended by that Amendment #1 effective October 4, 2022, whereby Modesto provided maintenance services to the Authority’s fleet of busses used in operation of its public transit system; and
E. WHEREAS, Modesto owns and operates the real property located at 1609 8th Street, Modesto, California as a bus maintenance facility (“Property”); and F. WHEREAS, Modesto has the qualifications, skill, experience and facilities to provide the desired maintenance services at the Property: and G. WHEREAS, Modesto and the Authority have entered into a lease agreement, dated June 22, 2021, whereby Authority leases a portion of the Property from Modesto; and H. WHEREAS, Modesto and the Authority desire to enter into this amended and restated agreement for bus maintenance services on the terms and conditions contained herein. / / /
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Amended and Restated Agreement for Maintenance Services between Modesto and StanRTA Agreement
NOW, THEREFORE, in consideration of the terms and conditions set forth herein, Modesto and the Authority do hereby agree as follows:
Section 1. General Services to be Provided. Modesto shall provide preventative maintenance, remedial repairs, overhauls, road call services, and such other services as may be required to assure the continuity of effective and economical operation and overall quality of the Authority’s vehicle fleet. Modesto shall provide all necessary management, supervision, labor, parts, fuel (as further specified herein), tools, equipment, and supplies required to maintain the fleet in a state of good repair and service readiness for all scheduled routes and services with reasonable spares as set forth in the “Scope of Work,” attached hereto as Exhibit “A”, and consistent with generally accepted state of the art vehicle fleet practices. Modesto shall also provide Authority with a detailed record of repairs for each vehicle repair upon the billing of such repairs, which shall occur not more than once a month and no less frequently than once a quarter.
Section 2. Compensation and Payment.
2.1. Modesto shall perform all work described in Exhibit “A” of this Agreement and receive compensation as specified in Exhibit “B,” “Definition of Cost of Services Provided” for all work performed in accordance with Exhibit “A” of this Agreement.
2.2. Modesto will be reimbursed for hours worked, parts at cost, and wages and benefits for staffing defined as the actual cost of services being provided to the Authority.
Modesto and Authority shall meet and confer annually on or before February 1 to start developing the annual transit maintenance budget and the parties will mutually agree to the established budget for the fiscal year by April 1. The Modesto City Manager and Authority Chief Executive Officer are authorized to approve any such changes in writing. Modesto will not increase staffing levels or other expenses for the purpose of Authority without the mutual written agreement of the Authority. Modesto shall provide to Authority a statement of Modesto’s actual costs for parts, labor and staffing incurred for the preceding fiscal year and compare such amount to the amounts received from Authority. If on the basis of such statement, the Parties mutually determine the Authority owes an amount that is more than the Authority’s payments for the preceding year, Authority shall pay the deficiency to Modesto within thirty (30) days after the Parties mutual agreement of the owed amount. If the Parties mutually determine Authority paid amounts which exceeded Modesto’s actual costs for the preceding fiscal year, Modesto shall refund the overpayment or issue a credit on a future invoice to Authority within thirty (30) days after the Parties mutual agreement of the owed amount.
2.3. Authority shall make payment monthly to Modesto within thirty-five (35) calendar days of receipt of an acceptable invoice and all applicable reports found in Section 3.
Payment shall be based on the hours, cost of parts, and defined as the actual cost of services as reported by Modesto. All detailed invoices shall be submitted in duplicate not more than once a month and no less frequently than once a quarter, and shall be made in writing and delivered, mailed, or emailed to Authority as follows:
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Amended and Restated Agreement for Maintenance Services between Modesto and StanRTA Stanislaus Regional Transit Authority
912 11th Street, Suite 100
Modesto, CA 95354
Email: [email protected]
Attention: Accounts Payable
2.4. Authority shall notify Modesto in writing within fifteen (15) days of receipt of the invoice of any items questioned.
2.5. Except as expressly provided in this Agreement, Modesto shall not be entitled to nor receive from Authority any additional consideration, compensation, salary, wages, or other type of remuneration for services rendered under this Agreement except as specifically provided for in Exhibit “B”. Specifically, Modesto shall not be entitled by virtue of this Agreement to consideration in the form of overtime, health insurance benefits, retirement benefits, disability retirement benefits, sick leave, vacation time, paid holidays, or other paid leaves of absence of any type or kind whatsoever.
2.6. Unless otherwise provided in Exhibit “A”, Modesto shall provide such office space, supplies, equipment, vehicles, reference materials, and telephone service as is necessary for Modesto to provide the services identified in Exhibit “A” of this Agreement.
Authority is not obligated to reimburse or pay Modesto for any expense or cost incurred by Modesto in procuring or maintaining such items. Responsibility for the costs and expenses incurred by Modesto in providing and maintaining such items is the sole responsibility and obligation of Modesto.
2.7. Authority will not withhold any Federal or State income taxes or Social Security tax from any payments made by Authority to Modesto pursuant to this Agreement.
Authority has no responsibility or liability for payment of Modesto’s taxes or assessments.
2.8. All expenses are to be approved by the Authority prior to expenditure, except fuel, vehicle parts, and labor in the personnel plan. Repairs that exceed $5,000 require approval as set forth in this Agreement.
2.9. The Parties shall meet annually pursuant to Section 2.2 to discuss the transit maintenance budget. During such meetings, Modesto and Authority shall agree upon an annual transit maintenance budget for the upcoming fiscal year. The annual transit maintenance budget shall include the Authority’s estimated total amount of revenue hours for the upcoming year. Modesto shall meet monthly with the Authority to provide a budget update, discuss any operational changes which will impact the budget and notify Authority of circumstances which forecast any expected budget changes, such as increased services offered by Authority or decreased regular staffing availability for Modesto.
Any increase or decrease within each budget line in the approved annual transit maintenance budget requires the approval of the Authority. Amendment of the annual transit maintenance budget to make these increases or decreases must be documented and justified by Modesto and be approved by Authority.
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Amended and Restated Agreement for Maintenance Services between Modesto and StanRTA Modesto must provide a personnel plan to maintain the Authority vehicles to the level described in the Maintenance Plan attached to the Agreement as Exhibit “A-1”. The personnel plan must be approved by the Authority and based on best practices in the transit industry. The personnel plan will be updated by Modesto and approved by Authority with any change to the revenue hours operated.
Section 3. Required Reporting.
3.1. Modesto shall submit monthly service summary reports to Authority as part of the invoice. These reports shall be submitted within fifteen (15) days of the end of each calendar month and shall include, but not be limited to:
3.1.1. Daily vehicle inspection and servicing checklists as requested.
3.1.2. Work orders for all maintenance inspections, warranty repairs and other vehicle repairs including materials, parts and labor consumed.
3.1.3. List of all vehicle breakdowns/road calls occurring during the reporting period with a description of the cause and corrective action(s) taken.
3.1.4. A monthly summary of vehicle miles.
3.1.5. Fuel consumption, fluids and lubricants used.
3.1.6 Out of Service report showing vehicles that were out of service for more than 3 days during the month.
3.1.7 Other reports as reasonably requested by Authority regarding Transit operations, vehicle maintenance and repair, if such reports are feasible for Modesto to produce based on its software system.
3.1.8 Personnel report detailing the approved transit maintenance positions with position title and name of the individual in each position for the month being reported.
3.2. Modesto shall submit a monthly preventative maintenance compliance report to Authority verifying the completion of preventative maintenance inspections and services. Preventative maintenance standards is the service interval found in the Maintenance Plan +/- 5% (e.g. if the preventative maintenance interval is 5,000 miles, the preventative maintenance task could be completed between 4,750 and 5,250 miles). This report shall be submitted by the tenth day of each month.
3.3. Modesto shall maintain an electronic maintenance management system which shall have the capability to record each service or repair provided on each vehicle, produce summaries of services, produce a complete vehicle repair history, and other specialized #12..
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Amended and Restated Agreement for Maintenance Services between Modesto and StanRTA reports as Authority may require. All data gathered in this system is acknowledged to be the property of the Authority and shall be provided to the Authority at any time including at the end of the contract period. Modesto will provide read-only access to the electronic maintenance management system to the Authority staff.
3.4. Service records must be kept for all vehicles and Modesto must make such records available for inspection within ten (10) days of receiving a request from the Authority.
3.5 Modesto will meet weekly with Authority staff to review outstanding issues and maintenance service delivery.
3.6 Modesto will track key performance indicators (KPI) and report them to the Authority each month in a summarized report. The KPI’s will be measured on a monthly basis and compared with the prior 12 months to include the same month from the prior year.
These indicators include the following:
1. Number of Major Mechanical System Failures per 100,000 miles by mode (Demand Response, Commuter, Fixed Route, Contingency), as defined by the National Transit Database.
2. Number of Other Mechanical System Failures per 100,000 miles by mode, as defined by the National Transit Database.
3. Number of road calls per 100,000 miles by mode.
4. Number of preventable road calls, defined as a Major or Other Mechanical Failure, which had a PMI service within the previous 10 days.
5. A list of repeat failures defined as a Major or Other Mechanical Failure that were corrected, but failed again within 30 days of being repaired.
6. The average number of work order hours for each preventable maintenance service and major repair (e.g. Weekly, Level A, Level B, brakes, tire change, etc).
7. The percentage of non-billable hours.
8. Maintenance cost per mile by vehicle and mode.
9. Fuel consumption per mile by vehicle and mode reported as miles per gallon or gallon equivalent (e.g. CNG, Electricity or Hydrogen).
10. Number of Out of Service vehicles by day compared with number of vehicles needed for revenue service with allowable spare vehicles.
11. Preventative maintenance services performed on-time, early and late.
12. A list of open work orders showing work order number, date the work order was opened, number of days opened, vehicle number, expected closure date and reasons for being open more than 10 days.
Modesto will report KPI performance measured against baseline performance established as the period from July 1, 2021 to June 30, 2023. Modesto will provide an action plan for #12..
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Amended and Restated Agreement for Maintenance Services between Modesto and StanRTA improvement if performance levels drop below established standards and performance from prior months and prior years.
If Authority has any concerns regarding the performance of Modesto under this Agreement it shall notify the Modesto Public Works Director. If Modesto has any concerns regarding the performance of Authority under this Agreement it shall notify the Authority Director of Operations and Planning. Upon receipt of such notification, the Parties shall schedule a meeting to discuss the concerns, explore possible solutions, and develop a timeline and plan on how these solutions will be implemented.
Section 4. Term. The Term of this Agreement shall be for five (5) years commencing on July 1, 2021 (the “Commencement Date”) and expires on June 30, 2026 (the “Term”) unless this Agreement is sooner terminated as provided herein. The Term will be extended automatically for successive one (1) year terms unless either party provides ninety (90) days prior written notice of non-renewal. Any extended term shall be upon the same terms and conditions as set forth in this Agreement.
Section 5. Termination.
5.1. Either party may terminate this Agreement, with or without cause, upon a minimum of one hundred eighty (180) days prior written notice to the other party. Such termination shall be effective upon the 1st of July immediately following the expiration of the 180-day notice period, unless another effective date for the termination is agreed to by the Parties in writing.
5.2. This Agreement shall terminate automatically upon either party’s dissolution, bankruptcy, or insolvency.
5.3. Copies of all supporting studies, data, reports, plans, correspondence and other written, printed, or tabulated material pertaining in any way to work performed, accumulated or generated by Modesto pursuant to this Agreement, whether finished or not, shall be provided to Authority upon termination or expiration of this Agreement and shall be delivered within ninety (90) days of receipt of notice of termination by Authority.
5.4. After all documents are received from Modesto, Authority shall pay Modesto the sum due for work performed in accordance with Section 5.6.
5.5. Modesto may terminate this Agreement if Authority fails to make any undisputed payment to Modesto when due in accordance with this Agreement and such failure remains uncured for thirty (30) days after written notice to Authority of such default and of Modesto’s intent to terminate.
5.6. If this Agreement is terminated by either party, Authority shall pay Modesto the sum due for work performed through the effective date of the termination. Such payment shall be Modesto’s sole and exclusive compensation and Authority shall have no further liability or #12..
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Amended and Restated Agreement for Maintenance Services between Modesto and StanRTA obligation to Modesto for any other compensation, including without limitation, anticipated profit, prospective losses or consequential damages of any kind.
Section 6. Maintenance Facility Lease. If at any time prior to the expiration or termination of this Agreement, the Lease for the Bus Maintenance Facility by and between Modesto and Authority expires or terminates for any reason, this Agreement shall automatically and simultaneously terminate.
Section 7. Insurance.
7.1. Modesto shall, at its own expense, procure and maintain in effect at all times during this Agreement, insurance coverage provided by a California admitted insurer licensed to transact business in California, as least as broad as hereinafter provided, including insurance coverage against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the services set forth in Exhibit “A” of this Agreement by Modesto or Modesto’s agents, representatives, employees, or subcontractors as follows:
7.1.1. General Liability.
Comprehensive general liability insurance covering bodily injury, personal injury, property damage, products and completed operations, which includes the care, custody and control of any and all vehicles in Modesto’s care or parked at the Bus Maintenance Facility, with limits of no less than ONE MILLION DOLLARS ($1,000,000). If Commercial General Liability Insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to any act by Modesto under this Agreement or the general aggregate limit shall be twice the required occurrence limit.
7.1.2. Automobile Liability Insurance.
If Modesto or Modesto’s officers, employees, agents, representatives or subcontractors utilize a motor vehicle in performing any of the work or services under this Agreement, owned/non-owned automobile liability insurance providing combined single limits covering bodily injury damage with limits of no less than ONE MILLION DOLLARS ($1,000,000) per incident or occurrence, and providing property damage liability of no less than TWO HUNDRED FIFTY THOUSAND DOLLARS $250,000 per
incident or occurrence.
7.1.3. Workers’ Compensation Insurance.
Workers’ Compensation Insurance as required by the California Labor Code. In signing this Agreement, Modesto certifies under section 1861 of the California Labor Code that Modesto is aware of the provisions of #12..
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Amended and Restated Agreement for Maintenance Services between Modesto and StanRTA section 3700 of the Labor Code which requires every employer to be insured against liability for workers’ compensation or to undertake selfinsurance in accordance with the provisions of that code, and that Modesto will comply with such provisions before commencing the performance of the work of this agreement, as necessary.
7.2. Deductibles, Self-Insured Retentions, Named Insured. Any deductibles, self-insured retentions, or name insureds must be declared in writing and approved by Authority.
7.3. Waiver of Subrogation, Additional Insured. The insurance policies are to contain, or be endorsed to contain, the following provisions:
7.3.1. General Liability and Automobile Liability Coverages.
Endorsement providing that Modesto’s insurance shall waive all rights of subrogation against Authority’s insurers and Authority; or Modesto’s insurance shall list Authority as additional insureds under the insurance policy.
7.3.2. Worker’s Compensation Coverages.
Endorsements providing that Modesto’s insurance shall waive all rights of subrogation against Authority’s insurers and Authority.
7.4. Other Insurance provisions. The insurance policies are to contain, or be endorsed to contain, the following provisions:
7.4.1. General Liability and Automobile Liability Coverages.
Endorsements providing that such insurance is the primary insurance and no insurance of Authority will be called upon to contribute to a loss.
Modesto’s insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer’s liability.
7.4.2. All Coverage.
Each insurance policy required by this paragraph shall not be altered, suspended, voided, or canceled by either party, or reduced in coverage or #12..
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Amended and Restated Agreement for Maintenance Services between Modesto and StanRTA in limits except after thirty (30) calendar days’ prior written notice by certified mail, return receipt requested, has been given to Authority.
Any failure of Modesto to comply with reporting provisions of the policies shall not affect coverage provided to Authority or Authority’s board members, officers, employees, or volunteers.
7.5. Verification of Coverage. Prior to performing any term or condition of the Agreement, Modesto shall furnish Authority with evidence of insurance effecting coverage required by this section.
7.6. Subcontractors. All insurance coverage for subcontractors shall be subject to all of the insurance and indemnity requirements stated herein.
Section 8. Permits and Licenses. Any licenses, certificates, or permits required by the Federal, State, County, or local governments for Modesto to provide the services and work described in Exhibit “A” must be procured by Modesto and valid at the time Modesto enters into this Agreement. Further, during the term of this Agreement, Modesto must maintain such licenses, certificates and permits in full force and effect. Licenses, certificates, and permits may include, but are not limited to, driver’s licenses, professional licenses or certificates, and business licenses. Such licenses, certificates and permits will be procured and maintained in force by Modesto at no expense to Authority. All vehicles serviced or maintained by Modesto shall bear license plates and shall be registered in conformance with the laws of the State of California. All registration and license fees shall be paid by Authority. Modesto reserves the right not to perform any maintenance or repair on any vehicle that is not properly registered, and may hold such vehicle out of services until proof that the vehicle is properly licensed and registered is provided by the Authority. A vehicle shall not be considered not properly registered solely because the vehicle is not registered and/or licensed in the name of the Authority until January 1, 2022.
Section 9. Compliance with Laws and Regulations. Modesto shall comply with any and all laws, statutes, ordinances, rules, regulations, and procedural requirements of the Federal, State or local government, and any agency of such government, including, but not limited to Authority, the Federal Transit Administration, Caltrans, and the Office of Management and Budget (OMB) which relate to or in any manner affect the performance of this Agreement. Those laws, statutes, ordinances, rules, regulations and procedural requirements which are imposed on Authority as a recipient of Federal or State funds are hereby imposed on Modesto including, but not limited to, OMB Circular A-102 which is herein incorporated by this reference and made a part thereof.
Section 10. Federal Transit Administration Requirements.
10.1. Modesto shall comply with all Federal Transit Administration requirements including, but not limited to, compliance with Title VI of the Civil Rights Act of 1964, as amended, and those clauses set forth in Exhibit “C”.
10.2. In connection with the performance of services provided for under this Agreement, it is agreed that Modesto, its agents, officers, and employees shall not, on the basis #12..
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Amended and Restated Agreement for Maintenance Services between Modesto and StanRTA of race, color, religion, sex (including pregnancy, childbirth, or related medical conditions), national origin, ancestry, age, physical or mental disability, legally-protected medical condition, family care status, veteran status, marital status, sexual orientation, or any other basis protected by state or federal laws, unlawfully discriminate or permit discrimination against any person or group of persons in any manner prohibited by Federal, State or local laws.
Section 11. Records and Audit.
11.1. Modesto shall retain and maintain all writings, documents, and records prepared in connection with the performance of this Agreement for a minimum of four (4) years from the termination or completion of the Agreement.
11.2. Any authorized representative of Authority shall have reasonable access to any writings as defined above for the purposes of making audit, evaluation, examination, excerpts, and transcripts during the period such records are to be maintained by Modesto. Further, Authority has the right at all reasonable times to audit, inspect, or otherwise evaluate the work performed or being performed under this Agreement with ten (10) days written notice.
Section 12. Joint Venture. It is mutually understood and agreed that nothing in this Agreement is intended or shall be construed as in any way creating or establishing the relationship of a joint venture, co-partner or co-venturer between the parties or as constituting one party as an agent or representative of the other.
Section 13. Defense and Indemnification.
13.1. Modesto shall defend, indemnify, and hold harmless Authority, its agents, officers, and employees from and against all claims, damages, losses, judgments, liabilities, expenses, and other costs, including litigation costs and attorney’s fees, to the extent arising out of, resulting from, or in connection with the performance of this Agreement, including the negligent or wrongful acts in the performance of this Agreement, by Modesto or Modesto’s agents, officers, employees and subcontractors, or any of them. Modesto’s obligation to defend, indemnify, and hold Authority, its agents, officers, and employees harmless applies to any actual or alleged personal injury, death, or damage or destruction to tangible or intangible property including the loss of use arising out of Modesto’s performance of this Agreement. Modesto’s obligation under this paragraph extends to any claim, damage, loss, liability, expense, or other costs which is caused in whole or in part by any negligent or wrongful act or omission of Modesto, its agents, employees, or any one directly or indirectly employed by any of them.
13.2. Modesto’s obligation to defend, indemnify, and hold Authority, its agents, officers, and employees harmless under the provisions of this paragraph is not limited to or restricted by any requirements in this Agreement for Modesto to procure and maintain a policy of insurance.
13.3. To the extent permitted by law, Authority shall indemnify, hold harmless and defend Modesto and its officers, employees, agents, representatives or subcontractors from and against all claims, damages, losses, judgments, liabilities, expenses, and other costs, including litigation costs and attorney’s fees, arising out of or resulting from any negligence or #12..
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Amended and Restated Agreement for Maintenance Services between Modesto and StanRTA wrongful acts of Authority and its officers, or employees, or agents in the performance of this Agreement.
13.4. Modesto and Authority shall not be liable to each other for indirect or consequential damages, including loss of use, revenue or profit, if such damages are asserted on the basis of breach of contract.
13.5. Neither party’s indemnification of the other applies to any claims caused by or arising out of the active or passive negligence of the other party or to the extent a claim actually or allegedly arises out of the willful misconduct of the other. If a party, pursuant to this Section 13, is required to pay damages to the other, that party shall be liable only for the amount of damages allocated to that party’s percentage of fault.
Section 14. Notices. Any notice, communication, amendments, additions, or deletions to this Agreement including change of address of either party during the term of this Agreement which Modesto or Authority shall be required or may desire to make, shall be in writing and may be personally served, mailed by prepaid, certified or registered mail or overnight courier, or transmitted by facsimile or electronic mail transmission, to the respective parties as follows:
To Modesto:
City of Modesto
1010 10th Street
Modesto, CA 95354
Attention: City Manager
To Authority:
Stanislaus Regional Transit Authority
912 11th Street, Suite 100
Modesto, CA 95354
Email: [email protected]
Attention: Adam Barth, Chief Executive Officer
Any such notice or communication shall be deemed to have been given on (i) the day such notice or communication is personally delivered, (ii) three (3) days after such notice or communication is mailed by prepaid certified or registered mail, (iii) one (1) business day after such notice or communication is sent by overnight courier, or (iv) the day such notice or communication is faxed or sent electronically, provided that the sender has received a confirmation of such fax or electronic transmission.
Section 15. Force Majeure. The time for performance of an obligation other than the payment of compensation under this Agreement will be extended for the period during which a party is prevented from performing by acts of God, government actions, fire or other casualty, or other force or event beyond the reasonable control of that party including, but not limited to, governmental restrictions, laws, regulation, controls, requirements decrees, mandates or order #12..
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Amended and Restated Agreement for Maintenance Services between Modesto and StanRTA requiring individuals to “shelter in place,” “stay at home” or otherwise quarantine, or requiring businesses to close or be limited in operations.
Section 16. Waiver. Waiver of any default by either party to this Agreement shall not be deemed a waiver of any subsequent default. Waiver or breach of any provision of this Agreement shall not be deemed to be a waiver of any other or subsequent breach and shall not be construed to be a modification of the terms of this Agreement unless modified pursuant to the terms of this Agreement. No waiver shall be valid unless in writing and executed by the waiving party.
Section 17. Assignment. This Agreement is not assignable by Modesto without Authority’s prior written consent.
Section 18. Severability. If any portion of this Agreement or application thereof to any person or circumstance shall be declared invalid by a court of competent jurisdiction or if it is found in contravention of any Federal, State, or local statutes, ordinances, or regulations the remaining provisions of this Agreement or the application thereof shall not be invalidated thereby and shall remain in full force and effect to the extent that the provisions of this Agreement are severable.
Section 19. Amendment. This Agreement, including any exhibits hereto, shall not be amended, except in writing signed by the parties. Any amendment or addendum to this Agreement shall expressly refer to this Agreement. The Modesto City Manager and Authority Chief Executive Officer shall have the authority to approve minor amendments to this Agreement without further approval from the governing board of Modesto or Authority. For the purposes of this section, an amendment shall be a minor amendment if it substantially conforms with the material terms of this Agreement. Without limiting the generality of the foregoing, changes to the time for either Party to perform any obligation, changes in reporting obligations, and non-material changes to the scope of work may be made via a minor amendment. Changes to the insurance requirements, indemnification obligations or term of the Agreement shall not be minor amendments. The mutual determination of the Modesto City Manager and Authority Chief Executive Officer regarding wither an amendment qualifies as a minor amendment shall be definitive.
Section 20. Entire Agreement. This Agreement, with its exhibits, contains the sole and only agreement of the parties. Any prior agreements, promises, negotiations, or representations not expressly set forth in this Agreement are of no force and effect.
Section 21. Governing Law. This Agreement is entered into and shall be construed and interpreted in accordance with the laws of the State of California.
Section 22. Venue/Jurisdiction. Venue for any action brought by either party to this Agreement against the other to enforce the terms and conditions thereof shall be maintained in Stanislaus County, California, in the proper court having jurisdiction. Each party irrevocably consents to the jurisdiction of each such court.
Section 23. No Third Party Benefit. This Agreement is a contract between Modesto and Authority and nothing herein is intended to create any third party benefit. #12..
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Amended and Restated Agreement for Maintenance Services between Modesto and StanRTA Section 24. Number and Gender. All words used herein in the singular number shall include the plural and the present tense shall include the future and the masculine gender shall include the feminine and neutral.
Section 25. Construction. The language of each and all paragraphs, terms, and/or provisions of this Agreement shall, in all cases and for any and all purposes, be construed as a whole, according to its fair meaning, and not for or against any party hereto and with no regard whatsoever to the identity of status of any person or persons who drafted all or a portion of this Agreement.
Section 26. Counterparts and Electronic Signatures.
26.1. This Agreement may be executed in one or more counterparts, each of which shall be deemed an original and all of which taken together shall constitute one and the same instrument.
26.2. Each party agrees that this Agreement and any other documents to be delivered in connection herewith may be electronically signed, and that any electronic signatures appearing on this Agreement or such other documents are the same as handwritten signatures for the purposes of validity, enforceability, and admissibility.
IN WITNESS WHEREOF, this Agreement has been executed by the parties hereto. ****Remainder of page intentionally left blank****
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Amended and Restated Agreement for Maintenance Services between Modesto and StanRTA EXHIBIT “A”
SCOPE OF WORK
I. GENERAL SCOPE OF WORK
Modesto shall provide preventative maintenance; remedial repairs, overhauls, road call services, and other such services as may be required to assure the continuity of effective and economical operation of the Authority fleet.
Modesto shall provide all necessary management, supervision, labor, parts, tools, equipment, and supplies required to maintain the fleet in a state of repair and service readiness as defined in this Scope of Work and consistent with generally accepted state of the art fleet practices.
In addition, Modesto will provide Authority with a permanent detailed record of repairs for each vehicle repair once per month.
Modesto shall be fully responsible for the safe and efficient maintenance of all vehicles and associated equipment. Modesto’s duty and responsibility to maintain all vehicles and equipment, is not delegable to any other person, firm, or corporation.
II. GENERAL TERMS AND CONDITIONS
Modesto shall comply with all Federal, State, and local licensing and/or regulatory requirements (including permits) for the provision of transit maintenance services.
Modesto will be required to comply with all applicable Equal Employment Opportunity laws and regulations.
Modesto shall immediately establish a Drug/Alcohol Education, Testing, and Reporting program in accordance with the terms of 49 CFR part 653. A certificate evidencing such program shall be provided to Authority within 30 days of the effective date of this Agreement. Modesto shall submit all documents pertaining to the drug and alcohol program to the Authority upon request to ensure compliance with 49 CFR part 653. As directed by Authority, Modesto must submit the annual Drug and Alcohol Management Information System report by the end of February each year.
Modesto is responsible for providing testing reports to Authority in accordance with 49 CFR part 653.
In connection with the performance of this Agreement, Modesto shall comply with the requirements of Section 508 of the Clean Water Act and Section 306 of the Clean Air Act. These regulations prohibit the use of facilities included in the EPA “List of Violating Facilities” under non-exempt federal contract. In addition, these provisions require the reporting of any violations to FTA and to the EPA.
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Amended and Restated Agreement for Maintenance Services between Modesto and StanRTA All practices, materials, supplies, and equipment shall comply with the Federal Occupational Safety and Health Act, as well as any pertinent Federal, State and/or local safety or environmental codes.
III. PREVENTATIVE MAINTENANCE
1. Preventative Maintenance Program
1.1. A preventative maintenance program (PM) has been established by Authority in consultation with Modesto for all vehicles. The PM program shall be designed in accordance with terms and conditions necessary to comply with the original equipment manufacturer’s (OEM) specifications, warranties, and governmental regulations. The Authority Maintenance Plan is attached hereto as Exhibit “A-1” and replaces the City of Modesto Maintenance Plan dated August 27, 2019.
1.2. Adherence to preventative maintenance schedules shall not be regarded as reasonable cause for deferred maintenance in instances where Modesto employees, maintenance personnel, or Authority has observed that maintenance is needed in advance of schedule. Modesto shall not defer maintenance for reasons of shortage of maintenance staff or operable vehicles.
Modesto shall adjust the maintenance work schedule as necessary to meet all scheduled services and complete preventative maintenance activities according to the schedule approved by Authority.
1.3. Preventative maintenance and running repairs shall receive first priority in the use of Modesto’s maintenance resources.
1.4. PM intervals for all vehicles are defined in the maintenance plan and may differ between vehicle types. Detail of functions performed with each preventative maintenance task is described in the maintenance plan.
1.5. All components of the bus bodies, accessories, chassis, and any additional equipment on the vehicles, (e.g. lifts, driveline brakes, warning and safety systems) shall be maintained in a safe, sound and undamaged condition at all times. Modesto shall diligently attempt to complete all necessary repairs found during Preventative Maintenance Inspections (PMI) or other reporting sources within ten (10) working days of occurrence. In the event that a repair will take longer than ten (10) days to complete, Modesto shall notify the Authority and provide an explanation of the delay. Additional time will be granted with notification to Authority of the delay. Any repairs that would affect safety, passenger comfort, technology systems or vehicle appearance shall be made before the vehicle is used in revenue service.
1.6. All mechanical, electrical, fluid, air, hydraulic, and safety systems shall be maintained in a safe and working condition at all times.
2. Performance
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2.1. The timely performance of preventative maintenance is defined as completion within ten (10) working days of identification of the necessary repair, or upon notice to Authority with an explanation as to why the repair will take longer than ten (10) days. The work order associated with any preventative maintenance or repair must be closed within ten (10) days, or upon notice to Authority with an explanation as to why the work order will take longer than ten (10) days to close. This measure of timely performance is incumbent upon Modesto for all fleet vehicles.
2.2. If Modesto fails to perform PMI activities, or fails to maintain vehicle safety and reliability, Authority shall notify Modesto in writing. Modesto shall then have ten (10) business days (or such longer period as Authority may authorize in writing) to cure such failure, and in writing state a method or plan preventing recurrence of such failure. Non-compliance of the performance provisions and failure to produce cure may result in contract termination.
3. Repairs
3.1. Necessary repairs that are identified through preventative maintenance activities, by drivers or Authority staff shall be made by Modesto as required, limiting the nature and the extent of repairs to those necessary, unless otherwise approved by Authority.
3.2. Authority shall not be billed for “comeback” failures due to incorrect diagnosis or improper repairs made by Modesto.
3.3. All repairs that exceed $5,000.00 must be approved by Authority and receive prior approval by Authority. No invoices will be paid for work that exceeds $5,000 that does not have an estimate of repairs and prior written approval by the Authority.
3.4. Modesto shall be responsible for arranging and managing outside repairs which cannot be performed economically in-house. Modesto shall be responsible for comparing the cost of specific outside repairs with the costs of performing the same work in-house, considering the quality of work. These outside repairs may include body work and painting, glass replacement, transmission sealing and repair, upholstery, radiator work, alternator, towing, and other work that can result in a cost savings to Authority. All responsibility for paperwork, invoicing, quality control, vehicle movement, vehicle security, etc., will be that of the Modesto.
3.5. In no event shall Authority be required to repair or maintain any vehicle unless such responsibility is assumed by Authority.
3.6. Modesto, at its sole cost and expense, shall maintain stores of and provide fuel, lubricants, parts and supplies required for the maintenance and operation of all vehicles utilized in providing services. These stores shall be sufficient to minimize vehicle down-time and ensure that peak vehicle requirements are met.
4. Road Calls, Assistance and Collision Response
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4.1. Modesto shall provide emergency road service including towing service for vehicles in the Authority fleet.
4.2. Upon the prompt notification of the Authority or its contractor, Modesto shall respond to the site of any Authority involved vehicle collision, stalled vehicle, or other nonoperable state to determine road worthiness for transport back to the BMF for review and repair.
IV. VEHICLE MAINTENANCE
1. General.
1.1. The exterior of vehicles will be kept clean and shall be washed no less than once every other day. A wash log shall be emailed to the Authority Director of Operations and Planning and other designated staff by 10:00 AM documenting the buses washed the previous day.
1.2. Service records must be kept for all vehicles and must be reasonably available for inspection by Authority at any time upon notice to Modesto.
1.3. Modesto shall, at least once per month, supply copies to Authority upon request of all completed inspections, oil sample reports, engine tune-ups and other reports available. These reports shall be in the form of Work Orders which become the basis for the variable parts and labor portion of the monthly invoice.
1.4. If Modesto is not certain of a particular procedure(s) regarding repairs of equipment or components, Modesto shall contact Authority to get clarification to ensure the standards are met.
2. Requirements – Authority Vehicles.
2.1. Air conditioning/heating system maintenance.
2.1.1. Vehicles must have working heating and air conditioning. Heating and air conditioning (A/C) systems shall be maintained to ensure that the passenger compartment is comfortably maintained under all climatic conditions at all times on all service runs. Modesto shall maintain the A/C systems in a state of operating condition at all times.
2.1.2. An air conditioning system maintenance inspection shall be performed with each inspection.
2.1.3. A more detailed air conditioning inspection shall be performed as part of the seasonal start-up in March/April of each year.
2.1.4. A seasonal inspection of the heating system shall be performed in October of each year.
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2.1.5. Modesto shall keep an up-to-date record required by the EPA of airconditioned maintenance performed on all vehicles and such records shall be made available to Authority.
2.2. Engine Maintenance.
2.2.1. It is Authority’s goal to maximize the service life of each engine prior to overhaul or replacement. A good preventative maintenance program, oil analysis, and repairs made prior to major failures should allow a life expectancy of that type of vehicle type as defined by the Federal Transit Administration.
2.2.2. All oil leaks shall be repaired as required to ensure minimal oil leakage on roads, parking lots, and layover points.
2.2.3. Engine tune-ups shall be performed based on OEM recommendations.
2.3. Transmission Maintenance
2.3.1. It is Authority’s goal to maximize the service life of each transmission prior to overhaul or replacement. A good preventative maintenance program, oil analysis and repairs made prior to major failure should allow a life expectancy of that type of vehicle type as defined by the Federal Transit Administration.
2.3.2. Every 30,000 miles the transmission oil and internal transmission filters shall be replaced. During this time an inspection of the materials in the pan shall be made when the pan is removed. Only OEM parts shall be used or equivalent.
2.3.3. If a transmission fails prior to overhaul, an inspection shall be made to determine the cause of failure.
2.4. Wheelchair ramps
2.4.1. Vehicles used in revenue service must be wheelchair accessible.
2.4.2. Wheelchair lifts shall be maintained in accordance with OEM and Authority standards. An inspection shall be made to each coach equipped with a wheelchair lift as part of every routine inspection. Inspections and adjustments shall be made in accordance with the manufacturer’s recommendations.
2.5. Other Requirements
2.5.1. Vehicles used in revenue service must have working radio communication with the dispatcher.
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2.5.2. Vehicles used in revenue service must have a working Computer Aided Dispatch/Automatic Vehicle Location (CAD/AVL) system, video surveillance system and farebox.
2.5.3. All vehicles must be properly licensed and comply with federal, state and local laws and requirements pertaining to motor vehicles.
2.5.4. Vehicles must have no apparent accident damage. All damage to vehicles must be repaired as soon as feasible. In the event that a repair cannot be completed within thirty (30) days of occurrence, Modesto shall notify the Authority. Repairs must be completed in a high quality and professional manner.
2.5.5. Authority reserves the right to inspect vehicles and to remove from service any vehicle it determines is not service ready.
2.5.6. Authority shall have at its immediate disposal an adequate number of spare vehicles at all times.
2.5.7. Modesto shall maintain adequate locked, secured, and lighted vehicle storage for vehicles on the Modesto’s premises. There shall be no per unit fee for vehicle storage.
Modesto shall allow for towed vehicles to be placed on Modesto’s premises 24 hours a day.
2.5.8. Modesto shall provide electronic key card access to the Authority Chief Executive Officer (CEO) and all employees that require access to the Bus Maintenance Facility (BMF) as designated by the Authority Director of Operations and Planning and approved by the Modesto Public Works director or designee. Access to the BMF by Authority personnel shall be limited to the Authority operating hours. Modesto shall provide access to any transit contractor or vendor with 48 hours’ notice from the Authority. Authority personnel shall not visit the administrative offices at the BMF without the prior approval of the Modesto Public Works Director, or designee. Authority shall indemnify, hold harmless and defend Modesto and its officers, employees, agents, representatives or subcontractors from and against all claims, damages, losses, judgements, liabilities, expenses, and other costs, including litigation costs and attorney’s fees, arising out of or resulting from the gross negligence of the CEO or Authority personnel accessing the maintenance areas of the BMF, except if caused by the sole negligence or willful misconduct of Modesto.
2.5.9. If the Authority has any employee-related issues with Modesto employees, the Authority Director of Operations and Planning shall contact the Modesto Human Resources Director and Modesto Public Works Director, or designees. If Modesto has any employee-related issue with Authority employees, the Public Works Director shall contact the Authority Director of Operations and Planning.
2.5.10. Authority shall have access to Modesto’s video surveillance equipment and surveillance video in the areas of the BMF in which the Authority has beneficial use whether those uses are exclusive or shared. Modesto shall have 72 hours from the time of request to provide the requested video.
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2.5.11. Modesto shall provide designated parking for two Authority services vehicles inside the gate at the BMF. These spaces can also be occupied by Authority employee vehicles. These parking places are in addition to the spaces already allocated to the transit contractor for non-revenue vehicles. Spaces reserved for Authority vehicles and Authority employee vehicles will be identified by signs, installed by Modesto and included in the transit maintenance budget.
3. Vehicle Inspections.
3.1. Modesto shall perform daily safety inspections of vehicles. Vehicles failing the inspection will not be used in service until the reason for failure is corrected.
3.2. Authority reserves the right to ensure that vehicles are being maintained properly and are in safe operating condition. If Authority believes Modesto is not maintaining vehicles in the manner required by this Agreement, Authority shall notify Modesto with its specific concerns.
3.3. Modesto shall deliver any or all vehicles to any required inspection facility when requested by Authority or any regulatory agency. In the event Modesto is instructed by Authority or any other regulatory agency to remove any equipment from service due to mechanical reasons, Modesto shall make any and all specified corrections and repairs to the equipment and provide Authority with a written statement that states corrections and repairs were made prior to placing the equipment into service. Authority reserves the right to do a visual inspection of the repairs and if not done to Authority’s satisfaction, the vehicle will be returned to be repaired.
3.4. Authority or its representative(s) shall be entitled, at all times, to conduct inspections of vehicles or records of Modesto in order to determine compliance with the provisions hereof. Modesto shall, upon request of Authority, immediately remove from operation any vehicle which is determined by Authority not to be in compliance with any of the standards set forth herein.
Modesto shall repair, clean or take other actions reasonably requested by Authority in order to bring the vehicle into compliance. This provision does not relieve Modesto of its obligation to maintain and operate each vehicle in strict compliance with this agreement and the provisions herein.
4. Warranty
4.1. Warranty on Direct Service by Modesto. Modesto shall provide a parts and labor warranty on all work provided directly or from an outside contractor. The parts warranty will be as specified by the manufacturer. The labor warranty shall be at a minimum for 90 days.
4.2. Manufacturer Warranty. Modesto shall perform all maintenance and/or repair work covered by a manufacturer warranty and bill the Authority for such work consistent with the terms of this Agreement (i.e., parts and labor). Modesto will document and complete all warranty claims eligible on the vehicles. Such claims will identify that all warranty funds will be paid directly to the Authority. Each month, Modesto will provide to Authority a list of all warranty work #12..
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Amended and Restated Agreement for Maintenance Services between Modesto and StanRTA performed and claims sent as a separate report prepared within 30 days of performing the work.
Modesto shall provide all documentation necessary to recover costs related to warranty claims.
5. Corrective Maintenance
5.1. Modesto shall review all driver and fueler reports daily and make necessary repairs to ensure that vehicle availability is met for service each day. Any vehicles found with safety defects or safety related defects will be removed from service immediately and not returned to service until such defects are repaired.
5.2. In the event towing of a vehicle is required due to mechanical failure or damage, Modesto shall be responsible for such towing at its sole cost and expense.
6. Fueling and Daily Servicing
6.1. Modesto shall be responsible for the daily fueling needs of all diesel, hydrogen and electric powered vehicles. Gasoline and Compressed Natural Gas (CNG) vehicles will be arranged by the Authority. The costs for all types of fuel will be the responsibility of the Authority either directly from the fuel type vendor or passed through from Modesto.
6.2. Modesto shall provide daily service to the vehicles including a fluid check, fluid fill as needed, fueling and fare collection.
6.3. Deleted.
6.4. Modesto shall allow and maintain all hydrogen fueling equipment installed at the BMF. Modesto shall ensure all its maintenance staff are properly trained on how to use, repair, and maintain hydrogen fueling equipment. Such training shall be included in the transit maintenance budget and approved by the Authority prior to implementation. While Modesto shall be responsible for the maintenance of such hydrogen fueling equipment, it is expressly understood and agreed that such equipment is and shall remain the property of the Authority.
7. Fare Counting
7.1. Modesto is responsible for probing and emptying each farebox vault in each vehicle that operated revenue service into the large Genfare GFI vaults each evening. Any vehicle being removed from service to be maintained must be probed prior to entering the shop bay or departing for third party maintenance off-site; this includes scheduled preventative maintenance inspections.
7.2. The large Genfare vaults will be opened and the monies contained within counted for deposit by Modesto. Authority will provide deposit bags and forms. Authority will provide armored car service from the BMF to the Authority bank for deposit. Modesto is responsible for coordinating timing and access to deposit bags for armored car transport. #12..
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7.3. Modesto will develop, and the Authority approve all policies and procedures for proper cash control. Authority retains the right to monitor the cash counting process and procedures and may adjust as needed.
7.4. On the last day of the month, the Genfare fareboxes in all revenue vehicles in the maintenance facility yard must be probed.
V. MAINTENANCE STAFF
1. Modesto shall provide an adequate staff or contractors to maintain the vehicle fleet to Authority standards. In addition, Modesto shall assign a Transit Fleet Supervisor who shall be responsible for Modesto’s day-to-day performance of maintenance services under this Agreement and will devote 100% of their time to work under this Agreement. Modesto will take action to improve the performance of the Transit Fleet Supervisor if reported KPI’s fall below established standards.
2. Modesto must comply with all Environmental Protection Agency (EPA), U.S.
Department of Energy (DOE), and U.S. Department of Transportation (DOT) requirements that require certification to perform any and all maintenance.
3. Modesto must provide knowledgeable, trained mechanics for corrective maintenance procedures, including but not limited to, electrical systems, other technology systems including those used and/or contained on hydrogen powered vehicles, heating and air conditioning, brake systems, hydraulics, fuel, hydrogen fuel, body, air suspension, and steering systems. An annual training plan and any certification programs required to perform maintenance functions, including bus and component manufacturer training, shall be complied with and provided by Modesto. Training shall be included in the annual maintenance budget and approved by Authority.
Proof of certification and training must be maintained in Modesto in a file as an auditable item.
Modesto shall submit to the Authority a monthly training report by the 15th of each month.
4. Authority shall provide written notice to Modesto at least ninety (90) days prior to commencing service on any new bus route, as well as extending the hours of service or increasing the frequency of service on any existing bus route. The purpose of the notice is to ensure that Modesto has adequate time to make arrangements for providing the increased maintenance and servicing that would be required by such changes. Any proposed staffing changes must be approved by the Authority prior to implementation. This section is not intended to provide Modesto with any authority to approve or reject proposed route changes.
VI. MAINTENANCE TRACKING
1. Modesto shall comply with DOT regulations for tracking maintenance history.
Modesto shall provide reports on vehicle maintenance performed, preventative maintenance scheduling, fluid consumption, tracking of vehicle and component life-to-date mileages, tire tracking, warranty tracking and cost-per-mile reports.
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2. Authority reserves the right to request copies and review any and all documents of repairs made to the vehicle fleet as well as outside repairs made to the vehicles or components repairs made to the vehicle fleet. Modesto will coordinate with Authority to produce daily reports for vehicle maintenance. These reports include the following, but others may be added as requested:
i. Daily Vehicle Wash report separated by mode, to include date, vehicle number, and maintenance worker name.
ii. Daily Vehicle Out of Service report separated by mode, to include date, vehicle number, defect description, date out of service, number of days out of service, status, estimated date returning to service, and notes. The report will also show the total number of vehicles available for service, total number of vehicles out of service and total vehicles required for peak revenue service. iii. Delayed vehicle component and third-party service log for any vehicle component or third-party service delayed for more than 10 days. iv. Daily log for the previous day’s road calls, to include vehicle number, the reason for the road call and a determination if the road call was preventable. v. Weekly Project Status report, to include each project, percentage completed and estimated date for completion.
3. Modesto shall track and identify re-repairs. Subsequent repair orders on re-repairs shall be clearly marked as such. Re-repairs shall not include any costs in billings presented to Authority without prior written approval.
VII. PARTS AND TOOLS
1. Modesto shall request and receive approval from Authority prior to taking parts from one revenue vehicle for use in another revenue vehicle.
2. The Authority shall inform Modesto of vehicles that are being retired and disposed of. Modesto shall have 60 days from the time of notification to remove specified equipment and hardware from vehicles scheduled for disposal. Such equipment and hardware shall include, but are not limited to, the following systems: APC, AVL, GPS, MDT and mounts, farebox, security cameras, two-way radios, and bike racks. Unless specifically requested by Modesto and approved by Authority, Modesto shall obtain Authority approval before removing parts from the retired vehicles for use in other vehicles.
3. All tools purchased with Authority funds shall become the property of the Authority and given an Authority asset tag. Modesto shall provide a monthly report of tools, including the invoice, purchased for the benefit of Authority by the 15th of each month.
Commented [DB1]: Daily wash report will be provided
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Amended and Restated Agreement for Maintenance Services between Modesto and StanRTA EXHIBIT “A-1”
STANISLAUS REGIONAL TRANSIT AUTHORITY MAINTENANCE PLAN
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Amended and Restated Agreement for Maintenance Services between Modesto and StanRTA EXHIBIT “B”
DEFINITION OF COST OF SERVICES PROVIDED
1. Monthly billings will be billed based on actual costs incurred that month, which shall eliminate the possibility of overpayment or underpayment existing after the end of the fiscal year. Modesto will provide documentation for each expense at Authority’s request. Modesto will exclude Modesto’s portion of shared BMF expenses mutually agreed upon by both parties.
Modesto’s portion of shared BMF expenses will be included as a credit on the monthly billings.
The last monthly billing for the fiscal year may include a true-up to ensure billed expenses are based on actuals.
2. The Parties shall meet and confer annually on or before February 1 pursuant to Section 2.2 of the Agreement to start developing the annual transit maintenance budget. Authority and Modesto will mutually agree to the established budget for the fiscal year by April 1. #12..
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Amended and Restated Agreement for Maintenance Services between Modesto and StanRTA EXHIBIT “C”
FEDERAL TRANSIT ADMINISTRATION CLAUSES
(1) Buy America Requirements. -- If the Contractor uses Federal funds to purchase any capital items to be used in providing services under the Agreement, the Contractor shall comply with the applicable Buy America requirements set forth in 49 U.S.C. 5323(j) and the applicable regulations in 49 C.F.R. Part 661, as amended, and shall be responsible for obtaining the Buy America certification required under such regulations. (2) Fly America Requirements. -- Contractor shall comply with 49 USC 40118 (the “Fly America” Act) in accordance with General Services Administration regulations 41 CFR 301-10, stating that recipients and subrecipients of Federal funds and their contractors are required to use US Flag air carriers for US Government-financed international air travel and transportation of their personal effects or property, to the extent such service is available, unless travel by foreign air carrier is a matter of necessity, as defined by the Fly America Act. Contractor shall submit, if a foreign air carrier was used, an appropriate certification or memorandum adequately explaining why service by a US flag air carrier was not available or why it was necessary to use a foreign air carrier and shall, in any event, provide a certificate of compliance with the Fly America requirements. Contractor shall include the requirements of this section in all subcontracts that may involve international air transportation.
(3) Charter Bus Requirements. -- Contractor shall comply with 49 USC 5323(d) and (g) and 49 CFR 604, which state that recipients and subrecipients of FTA assistance may provide charter service for transportation projects that uses equipment or facilities acquired with Federal assistance authorized under the Federal transit laws (except as permitted by 49 CFR 604.2), or under 23 U.S.C. 133 or 142, only in compliance with those laws and FTA regulations, “Charter Service,” 49 CFR part 604, the terms and conditions of which are incorporated herein by reference. (4) School Bus Requirements. -- Pursuant to 69 USC 5323(f) or (g) as amended by MAP21,23 USC 133, 23 USC 142, and 49 CFR 605, recipients and subrecipients of FTA assistance shall not engage in school bus operations exclusively for transportation of students and school personnel in competition with private school bus operators unless #12..
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Amended and Restated Agreement for Maintenance Services between Modesto and StanRTA qualified under specified exemptions. When operating exclusive school bus service under an allowable exemption, recipients and subrecipients shall not use federally funded equipment, vehicles, or facilities.
(5) Energy Conservation. -- Contractor shall comply with mandatory standards and policies relating to energy efficiency, stated in the state energy conservation plan issued in compliance with the Energy Policy & Conservation Act.
(6) Clean Water. -- Contractor shall comply with all applicable standards, orders or regulations issued pursuant to the Federal Water Pollution Control Act, as amended, 33 USC 1251 et seq. Contractor shall report each violation to the recipient and understands and agrees that the recipient shall, in turn, report each violation as required to FTA and the appropriate EPA Regional Office. Contractor shall include these requirements in each subcontract exceeding $150,000 financed in whole or in part with FTA assistance. (7) Lobbying. -- Byrd Anti-Lobbying Amendment, 31 U.S.C. 1352, as amended by the Lobbying Disclosure Act of 1995, P.L. 10465 [to be codified at 2 U.S.C. § 1601, et seq.] - Contractors who apply or bid for an award of $100,000 or more shall file the certification required by 49 CFR part 20, "New Restrictions on Lobbying." Each tier certifies to the tier above that it will not and has not used Federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a member of Congress, officer or employee of Congress, or an employee of a member of Congress in connection with obtaining any Federal contract, grant or any other award covered by 31 U.S.C. 1352. Each tier shall also disclose the name of any registrant under the Lobbying Disclosure Act of 1995 who has made lobbying contacts on its behalf with non- Federal funds with respect to that Federal contract, grant or award covered by 31 U.S.C. 1352. Such disclosures are forwarded from tier to tier up to the recipient.
(8) Access to Records and Reports. -- The following access to records requirements apply to this Contract:
a. Where the purchaser is not a State but a local government and is an FTA recipient or a subgrantee of FTA recipient in accordance with 49 CFR 18.36(i), contractor shall provide the purchaser, the FTA, the US Comptroller General or their authorized representatives access to any books, documents, papers and contractor #12..
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Amended and Restated Agreement for Maintenance Services between Modesto and StanRTA records which are pertinent to this contract for the purposes of making audits, examinations, excerpts and transcriptions. Contractor shall also, pursuant to 49 CFR 633.17, provide authorized FTA representatives, including any PMO contractor, access to contractor's records and construction sites pertaining to a capital project, defined at 49 USC 5302(a)1, which is receiving FTA assistance through the programs described at 49 USC 5307, 5309 or 5311. b. Where the purchaser is a State and is an FTA recipient or a subgrantee of FTA recipient in accordance with 49 CFR 633.17, contractor shall provide the purchaser, authorized FTA representatives, including any PMO Contractor, access to contractor's records and construction sites pertaining to a capital project, defined at 49 USC 5302(a)1, which receives FTA assistance through the programs described at 49 USC 5307, 5309 or 5311. By definition, a capital project excludes contracts of less than the simplified acquisition threshold currently set at $150,000.
c. Where the purchaser enters into a negotiated contract for other than a small purchase or under the simplified acquisition threshold and is an institution of higher education, a hospital or other non-profit organization and is an FTA recipient or a subgrantee of FTA recipient in accordance with 49 CFR 19.48, contractor shall provide the purchaser, the FTA, the US Comptroller General or their authorized representatives, access to any books, documents, papers and record of the contractor which are directly pertinent to this contract for the purposes of making audits, examinations, excerpts and transcriptions. d. Where a purchaser which is an FTA recipient or a subgrantee of FTA recipient in accordance with 49 USC 5325(a) enters into a contract for a capital project or improvement (defined at 49 USC 5302(a)1) through other than competitive bidding, contractor shall make available records related to the contract to the purchaser, the Secretary of USDOT and the US Comptroller General or any authorized officer or employee of any of them for the purposes of conducting an audit and inspection.
e. Contractor shall permit any of the foregoing parties to reproduce by any means whatsoever or to copy excerpts and transcriptions as reasonably needed. #12..
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Amended and Restated Agreement for Maintenance Services between Modesto and StanRTA f. Contractor shall maintain all books, records, accounts and reports required under this contract for a period of not less than three (3) years after the date of termination or expiration of this contract, except in the event of litigation or settlement of claims arising from the performance of this contract, in which case contractor agrees to maintain same until the recipient, FTA Administrator, US Comptroller General, or any of their authorized representatives, have disposed of all such litigation, appeals, claims or exceptions related thereto. Re: 49 CFR g. FTA does not require the inclusion of these requirements in subcontracts. (9) Federal Changes. -- All Contracts except micro-purchases ($3,500 or less, except for construction contracts over $2,000)
a. Contractor shall comply with all applicable FTA regulations, policies, procedures and directives, including without limitation those listed directly or by reference in the Master Agreement between the purchaser and FTA, as they may be amended or promulgated from time to time during the term of the contract. Contractor's failure to comply shall constitute a material breach of the contract. (10) Clean Air. -- Applicability - All contracts over $150,000. a. Contractor shall comply with all applicable standards, orders or regulations pursuant to the Clean Air Act, 42 USC 7401 et seq. Contractor shall report each violation to the recipient and understands and agrees that the recipient will, in turn, report each violation as required to FTA and the appropriate EPA Regional Office.
b. Contractor shall include these requirements in each subcontract exceeding $150,000 financed in whole or in part with FTA assistance. (11) Recycled Products. -- The contractor agrees to comply with all the requirements of Section 6002 of the Resource Conservation and Recovery Act (RCRA), as amended (42 U.S.C. 6962), including but not limited to the regulatory provisions of 40 CFR Part 247, and Executive Order 12873, as they apply to the procurement of the items designated in Subpart B of 40 CFR Part 247.
(12) Contract Work Hours & Safety Standards Act
a. Overtime requirements - No contractor or subcontractor contracting for any part of the contract work which may require or involve the employment of laborers or #12..
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Amended and Restated Agreement for Maintenance Services between Modesto and StanRTA mechanics shall require or permit any such laborer or mechanic in any workweek in which he or she is employed on such work to work in excess of 40 hours in such workweek unless such laborer or mechanic receives compensation at a rate not less than one and one-half times the basic rate of pay for all hours worked in excess of 40 hours in such workweek.
b. Violation; liability for unpaid wages; liquidated damages - In the event of any violation of the clause set forth in para. (1) of this section, contractor and any subcontractor responsible therefore shall be liable for the unpaid wages. In addition, such contractor and subcontractor shall be liable for liquidated damages.
Such liquidated damages shall be computed with respect to each individual laborer or mechanic, including watchmen and guards, employed in violation of the clause set forth in para. (1) of this section, in the sum of $10 for each calendar day on which such individual was required or permitted to work in excess of the standard workweek of 40 hours without payment of the overtime wages required by the clause set forth in para. (1) of this section.
c. Withholding for unpaid wages and liquidated damages - the recipient shall upon its own action or upon written request of USDOL withhold or cause to be withheld, from any moneys payable on account of work performed by contractor or subcontractor under any such contract or any other Federal contract with the same prime contractor, or any other federally-assisted contract subject to the Contract Work Hours & Safety Standards Act, which is held by the same prime contractor, such sums as may be determined to be necessary to satisfy any liabilities of such contractor or subcontractor for unpaid wages and liquidated damages as provided in the clause set forth in para. (2) of this section. d. Subcontracts - Contractor or subcontractor shall insert in any subcontracts the clauses set forth in this section and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. Prime contractor shall be responsible for compliance by any subcontractor or lower tier subcontractor with the clauses set forth in this section.
(13) No Government Obligation to Third Parties
a. The recipient and contractor acknowledge and agree that, notwithstanding any #12..
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Amended and Restated Agreement for Maintenance Services between Modesto and StanRTA concurrence by the US Government in or approval of the solicitation or award of the underlying contract, absent the express written consent by the US Government, the US Government is not a party to this contract and shall not be subject to any obligations or liabilities to the recipient, the contractor, or any other party (whether or not a party to that contract) pertaining to any matter resulting from the underlying contract.
b. Contractor agrees to include the above clause in each subcontract financed in whole or in part with FTA assistance. It is further agreed that the clause shall not be modified, except to identify the subcontractor who will be subject to its provisions.
(14) Program Fraud and False or Fraudulent Statements or Related Acts a. Contractor acknowledges that the provisions of the Program Fraud Civil Remedies Act of 1986, as amended, 31 USC 3801 et seq. and USDOT regulations, "Program Fraud Civil Remedies," 49 CFR 31, apply to its actions pertaining to this project. Upon execution of the underlying contract, contractor certifies or affirms the truthfulness and accuracy of any statement it has made, it makes, it may make, or causes to be made, pertaining to the underlying contract or FTA assisted project for which this contract work is being performed. In addition to other penalties that may be applicable, contractor further acknowledges that if it makes, or causes to be made, a false, fictitious, or fraudulent claim, statement, submittal, or certification, the US Government reserves the right to impose the penalties of the Program Fraud Civil Remedies Act (1986) on contractor to the extent the US Government deems appropriate. b. If contractor makes, or causes to be made, a false, fictitious, or fraudulent claim, statement, submittal, or certification to the US Government under a contract connected with a project that is financed in whole or in part with FTA assistance under the authority of 49 USC 5307, the Government reserves the right to impose the penalties of 18 USC 1001 and 49 USC 5307(n)(1) on contractor, to the extent the US Government deems appropriate.
c. Contractor shall include the above two clauses in each subcontract financed in whole or in part with FTA assistance. The clauses shall not be modified, except to #12..
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Amended and Restated Agreement for Maintenance Services between Modesto and StanRTA identify the subcontractor who will be subject to the provisions. (15) Termination
a. Termination for Convenience (General Provision) the recipient may terminate this contract, in whole or in part, at any time by written notice to contractor when it is in the recipient's best interest. Contractor shall be paid its costs, including contract close-out costs, and profit on work performed up to the time of termination.
Contractor shall promptly submit its termination claim to the recipient. If contractor is in possession of any of the recipient’s property, contractor shall account for same, and dispose of it as the recipient directs. b. Termination for Default [Breach or Cause] (General Provision) If contractor does not deliver items in accordance with the contract delivery schedule, or, if the contract is for services, and contractor fails to perform in the manner called for in the contract, or if contractor fails to comply with any other provisions of the contract, the recipient may terminate this contract for default. Termination shall be effected by serving a notice of termination to contractor setting forth the manner in which contractor is in default. Contractor shall only be paid the contract price for supplies delivered and accepted, or for services performed in accordance with the manner of performance set forth in the contract. c. If it is later determined by the recipient that contractor had an excusable reason for not performing, such as a strike, fire, or flood, events which are not the fault of or are beyond the control of contractor, the recipient, after setting up a new delivery or performance schedule, may allow contractor to continue work, or treat the termination as a termination for convenience.
d. Opportunity to Cure (General Provision) the recipient in its sole discretion may, in the case of a termination for breach or default, allow contractor an appropriately short period of time in which to cure the defect. In such case, the notice of termination shall state the time period in which cure is permitted and other appropriate conditions
e. If contractor fails to remedy to the recipient's satisfaction the breach or default or any of the terms, covenants, or conditions of this Contract within ten (10) days after receipt by contractor or written notice from the recipient setting forth the #12..
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Amended and Restated Agreement for Maintenance Services between Modesto and StanRTA nature of said breach or default, the recipient shall have the right to terminate the Contract without any further obligation to contractor. Any such termination for default shall not in any way operate to preclude the recipient from also pursuing all available remedies against contractor and its sureties for said breach or default. f. Waiver of Remedies for any Breach In the event that the recipient elects to waive its remedies for any breach by contractor of any covenant, term or condition of this Contract, such waiver by the recipient shall not limit its remedies for any succeeding breach of that or of any other term, covenant, or condition of this Contract.
g. Termination for Convenience (Professional or Transit Service Contracts) the recipient, by written notice, may terminate this contract, in whole or in part, when it is in the recipient's interest. If the contract is terminated, the recipient shall be liable only for payment under the payment provisions of this contract for services rendered before the effective date of termination.
h. Termination for Default (Supplies and Service) If contractor fails to deliver supplies or to perform the services within the time specified in this contract or any extension or if the contractor fails to comply with any other provisions of this contract, the recipient may terminate this contract for default. The recipient shall terminate by delivering to contractor a notice of termination specifying the nature of default. Contractor shall only be paid the contract price for supplies delivered and accepted, or services performed in accordance with the manner or performance set forth in this contract.
i. If, after termination for failure to fulfill contract obligations, it is determined that contractor was not in default, the rights and obligations of the parties shall be the same as if termination had been issued for the recipient’s convenience. j. Termination for Default (Transportation Services) If contractor fails to pick up the commodities or to perform the services, including delivery services, within the time specified in this contract or any extension or if contractor fails to comply with any other provisions of this contract, the recipient may terminate this contract for default. The recipient shall terminate by delivering to contractor a notice of termination specifying the nature of default. Contractor shall only be #12..
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Amended and Restated Agreement for Maintenance Services between Modesto and StanRTA paid the contract price for services performed in accordance with the manner of performance set forth in this contract.
k. If this contract is terminated while contractor has possession of the recipient goods, contractor shall, as directed by the recipient, protect and preserve the goods until surrendered to the recipient or its agent. Contractor and the recipient shall agree on payment for the preservation and protection of goods. Failure to agree on an amount shall be resolved under the Dispute clause. If, after termination for failure to fulfill contract obligations, it is determined that contractor was not in default, the rights and obligations of the parties shall be the same as if termination had been issued for the recipient’s convenience. l. Termination for Default (Construction) If contractor refuses or fails to prosecute the work or any separable part, with the diligence that will insure its completion within the time specified, or any extension, or fails to complete the work within this time, or if contractor fails to comply with any other provisions of this contract, the recipient may terminate this contract for default. The recipient shall terminate by delivering to contractor a notice of termination specifying the nature of default. In this event, the recipient may take over the work and compete it by contract or otherwise, and may take possession of and use any materials, appliances, and plant on the work site necessary for completing the work.
Contractor and its sureties shall be liable for any damage to the recipient resulting from contractor's refusal or failure to complete the work within specified time, whether or not contractor's right to proceed with the work is terminated. This liability includes any increased costs incurred by the recipient in completing the work.
m. Contractor's right to proceed shall not be terminated nor shall contractor be charged with damages under this clause if:
n. Delay in completing the work arises from unforeseeable causes beyond the control and without the fault or negligence of contractor. Examples of such causes include: acts of God, acts of the recipient, acts of another contractor in the performance of a contract with the recipient, epidemics, quarantine restrictions, strikes, freight embargoes; and
#12..
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Amended and Restated Agreement for Maintenance Services between Modesto and StanRTA o. Contractor, within 10 days from the beginning of any delay, notifies the recipient in writing of the causes of delay. If in the recipient’s judgment, delay is excusable, the time for completing the work shall be extended. The recipient’s judgment shall be final and conclusive on the parties, but subject to appeal under the Disputes clauses.
p. If, after termination of contractor's right to proceed, it is determined that contractor was not in default, or that the delay was excusable, the rights and obligations of the parties will be the same as if termination had been issued for the recipient’s convenience.
q. Termination for Convenience or Default (Architect & Engineering) the recipient may terminate this contract in whole or in part, for the recipient's convenience or because of contractor’s failure to fulfill contract obligations. The recipient shall terminate by delivering to contractor a notice of termination specifying the nature, extent, and effective date of termination. Upon receipt of the notice, contractor shall (1) immediately discontinue all services affected (unless the notice directs otherwise), and (2) deliver to the recipient all data, drawings, specifications, reports, estimates, summaries, and other information and materials accumulated in performing this contract, whether completed or in process. If termination is for the recipient’s convenience, it shall make an equitable adjustment in the contract price but shall allow no anticipated profit on unperformed services. If termination is for contractor’s failure to fulfill contract obligations, the recipient may complete the work by contact or otherwise and contractor shall be liable for any additional cost incurred by the recipient.
r. If, after termination for failure to fulfill contract obligations, it is determined that contractor was not in default, the rights and obligations of the parties shall be the same as if termination had been issued for the recipient’s convenience. s. Termination for Convenience or Default (Cost-Type Contracts) the recipient may terminate this contract, or any portion of it, by serving a notice or termination on contractor. The notice shall state whether termination is for convenience of the recipient or for default of contractor. If termination is for default, the notice shall state the manner in which contractor has failed to perform the requirements of the #12..
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Amended and Restated Agreement for Maintenance Services between Modesto and StanRTA contract. Contractor shall account for any property in its possession paid for from funds received from the recipient, or property supplied to contractor by the recipient. If termination is for default, the recipient may fix the fee, if the contract provides for a fee, to be paid to contractor in proportion to the value, if any, of work performed up to the time of termination. Contractor shall promptly submit its termination claim to the recipient and the parties shall negotiate the termination settlement to be paid to contractor. If termination is for the recipient’s convenience, contractor shall be paid its contract closeout costs, and a fee, if the contract provided for payment of a fee, in proportion to the work performed up to the time of termination.
t. If, after serving a notice of termination for default, the recipient determines that contractor has an excusable reason for not performing, such as strike, fire, flood, events which are not the fault of and are beyond the control of contractor, the recipient, after setting up a new work schedule, may allow contractor to continue work, or treat the termination as a termination for convenience. (16) Government Wide Debarment and Suspension (Non Procurement). -- The Recipient agrees to the following: (1) It will comply with the requirements of 2 C.F.R. part 180, subpart C, as adopted and supplemented by U.S. DOT regulations at 2 C.F.R. part 1200, which include the following: (a) It will not enter into any arrangement to participate in the development or implementation of the Project with any Third Party Participant that is debarred or suspended except as authorized by: 1 U.S. DOT regulations, “Nonprocurement Suspension and Debarment,” 2 C.F.R. part 1200, 2 U.S.
OMB, “Guidelines to Agencies on Government-wide Debarment and Suspension (Nonprocurement),” 2 C.F.R. part 180, including any amendments thereto, and 3 Executive Orders Nos. 12549 and 12689, “Debarment and Suspension,” 31 U.S.C. § 6101 note, (b) It will review the U.S. GSA “System for Award Management,” http://https.www.sam.gov,.proxy1.semalt.design if required by U.S. DOT regulations, 2 C.F.R. part 1200, and (c) It will include, and require each of its Third Party Participants to include, a similar provision in each lower tier covered transaction, ensuring that each lower tier Third Party Participant: 1 Will comply with Federal debarment and suspension requirements, and 2 Reviews the “System for Award Management” at #12..
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Amended and Restated Agreement for Maintenance Services between Modesto and StanRTA http://https.www.sam.gov,.proxy1.semalt.design if necessary to comply with U.S. DOT regulations, 2 C.F.R. part 1200, and (2) If the Recipient suspends, debars, or takes any similar action against a Third Party Participant or individual, the Recipient will provide immediate written notice to the: (a) FTA Regional Counsel for the Region in which the Recipient is located or implements the Project, (b) FTA Project Manager if the Project is administered by an FTA Headquarters Office, or (c) FTA Chief Counsel. (17) Contracts Involving Federal Privacy Act Requirements a. When a grantee maintains files on drug and alcohol enforcement activities for FTA, and those files are organized so that information could be retrieved by personal identifier, the Privacy Act requirements apply to all contracts except micro-purchases ($3,500 or less, except for construction contracts over $2,000) b. The following requirements apply to the Contractor and its employees that administer any system of records on behalf of the Federal Government under any contract:
c. The Contractor agrees to comply with, and assures the compliance of its employees with, the information restrictions and other applicable requirements of the Privacy Act of 1974, 5 U.S.C. § 552a. Among other things, the Contractor agrees to obtain the express consent of the Federal Government before the Contractor or its employees operate a system of records on behalf of the Federal Government. The Contractor understands that the requirements of the Privacy Act, including the civil and criminal penalties for violation of that Act, apply to those individuals involved, and that failure to comply with the terms of the Privacy Act may result in termination of the underlying contract. d. The Contractor also agrees to include these requirements in each subcontract to administer any system of records on behalf of the Federal Government financed in whole or in part with Federal assistance provided by FTA. (18) Civil Rights Requirements
a. The following requirements apply to the underlying contract:
b. The Recipient understands and agrees that it must comply with applicable Federal civil rights laws and regulations, and follow applicable Federal guidance, except as the Federal Government determines otherwise in writing. Therefore, unless a #12..
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Amended and Restated Agreement for Maintenance Services between Modesto and StanRTA Recipient or Program, including an Indian Tribe or the Tribal Transit Program, is specifically exempted from a civil rights statute, FTA requires compliance with that civil rights statute, including compliance with equity in service:
c. Nondiscrimination in Federal Public Transportation Programs. The Recipient agrees to, and assures that each Third Party Participant will, comply with Federal transit law, 49 U.S.C. § 5332 (FTA’s “Nondiscrimination” statute): (1) FTA’s “Nondiscrimination” statute prohibits discrimination on the basis of: (a) Race, (b) Color, (c) Religion, (d) National origin, (e) Sex, (f) Disability, (g) Age, or (h) Gender identity and (2) The FTA “Nondiscrimination” statute’s prohibition against discrimination includes: (a) Exclusion from participation, (b) Denial of program benefits, or (c) Discrimination, including discrimination in employment or business opportunity, (3) Except as FTA determines otherwise in writing: (a) General. Follow: 1 The most recent edition of FTA Circular 4702.1, “Title VI Requirements and Guidelines for Federal Transit Administration Recipients,” to the extent consistent with applicable Federal laws, regulations, and guidance, and d. 2 Other applicable Federal guidance that may be issued, but (b) Exception for the Tribal Transit Program. FTA does not require an Indian Tribe to comply with FTA program-specific guidelines for Title VI when administering its projects funded under the Tribal Transit Program,
e. Nondiscrimination - Title VI of the Civil Rights Act. The Recipient agrees to, and assures that each Third Party Participant will: (1) Prohibit discrimination based on: (a) Race, (b) Color, or (c) National origin, (2) Comply with: (a) Title VI of the Civil Rights Act of 1964, as amended, 42 U.S.C. § 2000d et seq., (b) U.S. DOT regulations, “Nondiscrimination in Federally-Assisted Programs of the Department of Transportation - Effectuation of Title VI of the Civil Rights Act of 1964,” 49 C.F.R. part 21, and (c) Federal transit law, specifically 49 U.S.C. § 5332, as stated in the preceding section a, and (3) Except as FTA determines otherwise in writing, follow: (a) The most recent edition of FTA Circular 4702.1, “Title VI and Title VI-Dependent Guidelines for Federal Transit Administration Recipients,” to the extent consistent with applicable Federal laws, regulations, and guidance. (b) U.S. DOJ, “Guidelines for the enforcement of Title VI, Civil Rights #12..
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Amended and Restated Agreement for Maintenance Services between Modesto and StanRTA Act of 1964,” 28 C.F.R. § 50.3, and (c) Other applicable Federal guidance that may be issued,
f. Equal Employment Opportunity. (1) Federal Requirements and Guidance. The Recipient agrees to, and assures that each Third Party Participant will, prohibit discrimination on the basis of race, color, religion, sex, or national origin, and: (a) Comply with Title VII of the Civil Rights Act of 1964, as amended, 42 U.S.C. § 2000e et seq., (b) Facilitate compliance with Executive Order No. 11246, “Equal Employment Opportunity,” as amended by Executive Order No. 11375, “Amending Executive Order No. 11246, Relating to Equal Employment Opportunity,” 42 U.S.C. § 2000e note, (c) Comply with Federal transit law, specifically 49 U.S.C. § 5332, as stated in section a, and (d) Comply with other applicable EEO laws and regulations, as provided in Federal guidance, including laws and regulations prohibiting discrimination on the basis of disability, except as the Federal Government determines otherwise in writing, (2) General. The Recipient agrees to: (a) Ensure that applicants for employment are employed and employees are treated during employment without discrimination on the basis of their: 1 Race, 2 Color, 3 Religion, 4 Sex, 5 Disability, 6 Age, or 7 National origin, (b) Take affirmative action that includes, but is not limited to: 1 Recruitment advertising, 2 Recruitment, 3 Employment, 4 Rates of pay, 5 Other forms of compensation, 6 Selection for training, including apprenticeship, 7 Upgrading, 8 Transfers, 9 Demotions, 10 Layoffs, and 11 Terminations, but (b) Indian Tribe.
Title VII of the Civil Rights Act of 1964, as amended, exempts Indian Tribes under the definition of "Employer".
g. Equal Employment Opportunity Requirements for Construction Activities. In addition to the foregoing, when undertaking “construction” as recognized by the U.S. Department of Labor (U.S. DOL), the Recipient agrees to comply, and assures the compliance of each Third Party Participant, with: (a) U.S. DOL regulations, “Office of Federal Contract Compliance Programs, Equal Employment Opportunity, Department of Labor,” 41 C.F.R. chapter 60, and (b) Executive Order No. 11246, “Equal Employment Opportunity,” as amended by Executive Order No. 11375, “Amending Executive Order No. 11246, Relating to #12..
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Amended and Restated Agreement for Maintenance Services between Modesto and StanRTA Equal Employment Opportunity,” 42 U.S.C. § 2000e note,
h. Disadvantaged Business Enterprise. To the extent authorized by applicable Federal law, the Recipient agrees to facilitate, and assures that each Third Party Participant will facilitate, participation by small business concerns owned and controlled by socially and economically disadvantaged individuals, also referred to as “Disadvantaged
i. Business Enterprises” (DBEs), in the Project as follows: 1) Requirements. The Recipient agrees to comply with:
i. Section 1101(b) of MAP-21,23 U.S.C. § 101 note, (b) U.S. DOT regulations, “Participation by Disadvantaged Business Enterprises in Department of Transportation Financial Assistance Programs,” 49 C.F.R. part 26, and (c) Federal transit law, specifically 49 U.S.C. § 5332, as stated in section a, (2) Assurance. As required by 49 C.F.R. j. § 26.13(a), (b) DBE Program Requirements. Recipients receiving planning, capital and/or operating assistance that will award prime third party contracts exceeding $250,000 in a Federal fiscal year must: 1 Have a DBE program meeting the requirements of 49 C.F.R. part 26, 2 Implement a DBE program approved by FTA, and 3 Establish an annual DBE participation goal, (c) Special Requirements for a Transit Vehicle Manufacturer. The Recipient understands and agrees that each transit vehicle manufacturer, as a condition of being authorized to bid or propose on FTA-assisted transit vehicle procurements, must certify that it has complied with the requirements of 49 C.F.R. part 26, (d) the Recipient provides assurance that: The Recipient shall not discriminate on the basis of race, color, national origin, or sex in the award and performance of any DOT-assisted contract or in the administration of its DBE program or the requirements of 49 C.F.R. part 26. The Recipient shall take all necessary and reasonable steps under 49 C.F.R. part 26 to ensure nondiscrimination in the award and administration of DOT-assisted contracts. The Recipient's DBE program, as required by 49 C.F.R. part 26 and as approved by DOT, is incorporated by reference in this agreement.
Implementation of this program is a legal obligation and failure to carry out its terms shall be treated as a violation of this agreement. Upon notification to the #12..
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Amended and Restated Agreement for Maintenance Services between Modesto and StanRTA Recipient of its failure to carry out its approved program, the Department may impose sanctions as provided for under 49 C.F.R. part 26 and may, in appropriate cases, refer the matter for enforcement under 18 U.S.C. § 1001 and/or the Program Fraud Civil Remedies Act of 1986, 31 U.S.C. § 3801 et seq., k. (2) Exception for the Tribal Transit Program. FTA exempts Indian tribes from the Disadvantaged Business Enterprise regulations at 49 C.F.R. part 26 under MAP21 and previous legislation, l. Nondiscrimination on the Basis of Sex. The Recipient agrees to comply with Federal prohibitions against discrimination on the basis of sex, including: (1) Title IX of the Education Amendments of 1972, as amended, 20 U.S.C. § 1681 et seq., (2) U.S. DOT regulations, “Nondiscrimination on the Basis of Sex in Education Programs or Activities Receiving Federal Financial Assistance,” 49 C.F.R. part 25, and (3) Federal transit law, specifically 49 U.S.C. § 5332, as stated in section a,
m. Nondiscrimination on the Basis of Age. The Recipient agrees to comply with Federal prohibitions against discrimination on the basis of age, including: (1) The Age Discrimination in Employment Act (ADEA), 29 U.S.C. §§ 621 - 634, which prohibits discrimination on the basis of age, (2) U.S. Equal Employment Opportunity Commission (U.S. EEOC) regulations, “Age Discrimination in Employment Act,” 29 C.F.R. part 1625, which implements the ADEA, (3) The Age Discrimination Act of 1975, as amended, 42 U.S.C. § 6101 et seq., which prohibits discrimination against individuals on the basis of age in the administration of programs or activities receiving Federal funds, (4) U.S. Health and Human Services regulations, “Nondiscrimination on the Basis of Age in Programs or Activities Receiving Federal Financial Assistance,” 45 C.F.R. part 90, which implements the Age Discrimination Act of 1975, and (5) Federal transit law, specifically 49 U.S.C. § 5332, as stated in section a, n. Nondiscrimination on the Basis of Disability. The Recipient agrees to comply with the following Federal prohibitions pertaining to discrimination against seniors or individuals with disabilities: (1) Federal laws, including: (a) Section 504 of the Rehabilitation Act of 1973, as amended, 29 U.S.C. § 794, which #12..
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Amended and Restated Agreement for Maintenance Services between Modesto and StanRTA prohibits discrimination on the basis of disability in the administration of federally funded programs or activities, (b) The Americans with Disabilities Act of 1990 (ADA), as amended, 42 U.S.C. § 12101 et seq., which requires that accessible facilities and services be made available to individuals with disabilities, 1 General. Titles I, II, and III of the ADA apply to FTA Recipients, but 2 Indian Tribes. While Titles II and III of the ADA apply to Indian Tribes, Title I of the ADA exempts Indian Tribes from the definition of “employer,” (c) The Architectural Barriers Act of 1968, as amended,
o. 42 U.S.C. § 4151 et seq., which requires that buildings and public accommodations be accessible to individuals with disabilities, (d) Federal transit law, specifically 49 U.S.C. § 5332, which now includes disability as a prohibited basis for discrimination, and (e) Other applicable laws and amendments pertaining to access for elderly individuals or individuals with disabilities, (2) Federal regulations, including: (a) U.S. DOT regulations, “Transportation Services for Individuals with Disabilities (ADA),” 49 C.F.R. part 37, (b) U.S.
DOT regulations, “Nondiscrimination on the Basis of Disability in Programs and Activities Receiving or Benefiting from Federal Financial Assistance,” 49 C.F.R. part 27, (c) U.S. DOT regulations, “Transportation for Individuals with Disabilities: Passenger Vessels,” 49 C.F.R. part 39, (d) Joint U.S. Architectural and Transportation Barriers Compliance Board (U.S. ATBCB) and U.S. DOT regulations, “Americans With Disabilities (ADA) Accessibility Specifications for Transportation Vehicles,” 36 C.F.R. part 1192 and 49 C.F.R. part 38, (e) U.S.
DOJ regulations, “Nondiscrimination on the Basis of Disability in State and Local Government Services,” 28 C.F.R. part 35, (f) U.S. DOJ regulations, “Nondiscrimination on the Basis of Disability by Public Accommodations and in Commercial Facilities,” 28 C.F.R. part 36, (g) U.S. EEOC, “Regulations to Implement the Equal Employment Provisions of the Americans with Disabilities Act,” 29 C.F.R. part 1630, (h) U.S. Federal Communications Commission regulations, “Telecommunications Relay Services and Related Customer Premises Equipment for Persons with Disabilities,” 47 C.F.R. part 64, Subpart F, (i) U.S.
ATBCB regulations, “Electronic and Information Technology Accessibility #12..
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Amended and Restated Agreement for Maintenance Services between Modesto and StanRTA Standards,” 36 C.F.R. part 1194, and (j) FTA regulations, “Transportation for Elderly and Handicapped Persons,” 49 C.F.R. part 609, and (3) Other applicable Federal civil rights and nondiscrimination guidance,
p. Drug or Alcohol Abuse - Confidentiality and Other Civil Rights Protections. The Recipient agrees to comply with the confidentiality and civil rights protections of:
(1) The Drug Abuse Office and Treatment Act of 1972, as amended, 21 U.S.C. § 1101 et seq., (2) The Comprehensive Alcohol Abuse and Alcoholism Prevention, q. Treatment and Rehabilitation Act of 1970, as amended, 42 U.S.C. § 4541 et seq., and (3) The Public Health Service Act, as amended, 42 U.S.C. §§ 290dd - 290dd2, r. Access to Services for People with Limited English Proficiency. Except as the Federal Government determines otherwise in writing, the Recipient agrees to promote accessibility of public transportation services to people whose understanding of English is limited by following: 1) Executive Order No. 13166, “Improving Access to Services for Persons with Limited English Proficiency,” August 11,2000, 42 U.S.C. § 2000d-1 note, and (2) U.S. DOT Notice, “DOT Policy Guidance Concerning Recipients’ Responsibilities to Limited English Proficiency (LEP) Persons,” 70 Fed. Reg. 74087, December 14, 2005, s. Other Nondiscrimination Laws. Except as the Federal Government determines otherwise in writing, the Recipient agrees to: (1) Comply with other applicable Federal nondiscrimination laws and regulations, and (2) Follow Federal guidance prohibiting discrimination.
t. Remedies. Remedies for failure to comply with applicable Federal Civil Rights laws and Federal regulations may be enforced as provided in those Federal laws or Federal regulations.
(19) Breaches and Dispute Resolution
a. Disputes arising in the performance of this contract which are not resolved by agreement of the parties shall be decided in writing by the recipient’s authorized representative. This decision shall be final and conclusive unless within ten (10) days from the date of receipt of its copy, contractor mails or otherwise furnishes a written appeal to the recipient’s CEO. In connection with such appeal, contractor #12..
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Amended and Restated Agreement for Maintenance Services between Modesto and StanRTA shall be afforded an opportunity to be heard and to offer evidence in support of its position. The decision of the recipient’s CEO shall be binding upon contractor and contractor shall abide by the decision. FTA has a vested interest in the settlement of any violation of Federal law including the False Claims Act, 31 U.S.C. § 3729.
b. Performance During Dispute - Unless otherwise directed by the recipient, contractor shall continue performance under this contract while matters in dispute are being resolved.
c. Claims for Damages - Should either party to the contract suffer injury or damage to person or property because of any act or omission of the party or of any of his employees, agents or others for whose acts he is legally liable, a claim for damages therefore shall be made in writing to such other party within ten days after the first observance of such injury or damage.
d. Remedies - Unless this contract provides otherwise, all claims, counterclaims, disputes and other matters in question between the recipient and contractor arising out of or relating to this agreement or its breach will be decided by arbitration if the parties mutually agree, or in a court of competent jurisdiction within the residing State.
e. Rights and Remedies - Duties and obligations imposed by the contract documents and the rights and remedies available thereunder shall be in addition to and not a limitation of any duties, obligations, rights and remedies otherwise imposed or available by law. No action or failure to act by the recipient or contractor shall constitute a waiver of any right or duty afforded any of them under the contract, nor shall any such action or failure to act constitute an approval of or acquiescence in any breach thereunder, except as may be specifically agreed in writing.
(20) Transit Employee Protective Provisions
a. Contracts for transit operations except micro-purchases ($3,500 or less, except for construction contracts over $2,000)
b. Public Transportation Employee Protective Arrangements. The Recipient agrees that 49 U.S.C. § 5333(b) requires employee protective arrangements to be in place #12..
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Amended and Restated Agreement for Maintenance Services between Modesto and StanRTA as a condition of award of FTA assistance made available or appropriated for FTA programs involving public transportation operations. U.S. DOL recognizes the following categories of arrangements:
1. U.S. DOL Certification. When its Project involves public transportation operations and is financed with funding made available or appropriated for 49 U.S.C. §§ 5307, 5309, 5312, 5337, or 5339, as amended by Map-21, or former 49 U.S.C. §§ 5308, 5309, 5312, or other provisions of law as required by the Federal Government, U.S. DOL must provide a Certification of employee protective arrangements before FTA may provide financial assistance for the Project. Therefore, the Recipient understands and agrees, and assures that any Third Party Participant providing public transportation operations will agree, that: (a) It must carry out the Project as provided in its U.S. DOL Certification, which contains the terms and conditions that U.S. DOL has determined to be fair and equitable to protect the interests of any employees affected by the Project, (b) It must comply with 49 U.S.C. § 5333(b), and any future amendments thereto, (c)
c. It will follow the U.S. DOL guidelines, “Guidelines, Section 5333(b), Federal Transit Law,” 29 C.F.R. part 215, except as U.S. DOL determines otherwise in writing, (d) It must comply with the terms and conditions of the U.S. DOL certification of public transportation employee protective arrangements for the Project, which certification is dated as identified on the Underlying Agreement, including: 1 Alternative comparable arrangements U.S. DOL has specified for the Project, 2 Any revisions U.S. DOL has specified for the Project, or 3 Both, and (e) It must comply with the following documents and provisions incorporated by reference in and made part of the Underlying Agreement for the Project: 1 The U.S. DOL certification of public transportation employee protective arrangements for the Project, which certification is dated as identified on the Underlying Agreement, 2 The documents cited in that U.S. DOL certification for the Project, 3 Any alternative comparable arrangements that U.S. DOL has specified for the #12..
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Amended and Restated Agreement for Maintenance Services between Modesto and StanRTA Project, and 4 Any revisions that U.S. DOL has specified for the Project, (2) d. Special Warranty. When its Project involves public transportation operations, and is financed with funding made available or appropriated for 49 U.S.C. § 5311, as amended by Map-21, for former 49 U.S.C. § 5311 in effect in FY 2012, or a previous fiscal year, or for section 3038 of TEA-21, as amended by section 3039 of SAFETEA-LU, U.S. DOL will provide a Special Warranty for those projects, including projects under the Tribal Transit Program. Therefore, the Recipient understands and agrees, and assures that any Third Party Participant providing public transportation operations will agree, that: (a) It must comply with Federal transit laws, specifically 49 U.S.C. § 5333(b),
e. (b) Follow the U.S. DOL guidelines, “Guidelines, Section 5333(b), Federal Transit Law,” 29 C.F.R. part 215, except as U.S. DOL determines otherwise in writing, (c) It will comply with the U.S. DOL Special Warranty for its Project that is most current on the date when it executed the Underlying Agreement, and documents cited therein, including: 1 Any alternative comparable arrangements U.S. DOL has specified for the Project, 2 Any revisions U.S. DOL has specified for the Project, or 3 Both, and (d) It will comply with the following documents and provisions incorporated by reference in and made part of the Underlying Agreement: 1 The U.S. DOL Special
f. Warranty for its Project, 2 Documents cited in that Special Warranty, 3 Alternative comparable arrangements U.S. DOL specifies for the Project, and 4 Any revisions that U.S. DOL has specified for the Project, and (3) Special Arrangements for 49 U.S.C. § 5310 Projects. The Recipient understands and agrees, and assures that any Third Party Participant providing public transportation operations will agree, that although pursuant to 49 U.S.C. § 5310, and former 49 U.S.C. §§ 5310 or 5317, FTA has determined that it was not “necessary or appropriate” to apply the conditions of 49 U.S.C. § 5333(b) to Subrecipients participating in the program to provide public transportation for seniors (elderly individuals) and individuals with disabilities, FTA reserves the right to make the following exceptions: (a) FTA will make case-by-case determinations of the applicability of 49 U.S.C. § 5333(b) for all transfers of #12..
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Amended and Restated Agreement for Maintenance Services between Modesto and StanRTA funding authorized under title 23, United States Code (flex funds), and (b) FTA reserves the right to make other exceptions as it deems appropriate. (21) Disadvantaged Business Enterprise
a. Contracts over $3,500 awarded on the basis of a bid or proposal offering to use DBEs
b. This contract is subject to the requirements of Title 49, Code of Federal Regulations, Part 26, Participation by Disadvantaged Business Enterprises in Department of Transportation Financial Assistance Programs. The national goal for participation of Disadvantaged Business Enterprises (DBE) is 10%. The recipient’s overall goal for DBE participation is listed elsewhere. If a separate contract goal for DBE participation has been established for this procurement, it is listed elsewhere.
c. The contractor shall not discriminate on the basis of race, color, religion, national origin or sex in the performance of this contract. The contractor shall carry out applicable requirements of 49 CFR Part 26 in the award and administration of this contract. Failure by the contractor to carry out these requirements is a material breach of this contract, which may result in the termination of this contract or such other remedy as the municipal corporation deems appropriate. Each subcontract the contractor signs with a subcontractor must include the assurance in this paragraph (see 49 CFR 26.13(b)).
d. If a separate contract goal has been established, Bidders/offerors are required to document sufficient DBE participation to meet these goals or, alternatively, document adequate good faith efforts to do so, as provided for in 49 CFR 26.53. e. If no separate contract goal has been established, the successful bidder/offeror will be required to report its DBE participation obtained through race-neutral means throughout the period of performance.
f. The contractor is required to pay its subcontractors performing work related to this contract for satisfactory performance of that work no later than 30 days after the contractor’s receipt of payment for that work from the recipient. In addition, the contractor may not hold retainage from its subcontractors or must return any retainage payments to those subcontractors within 30 days after the #12..
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Amended and Restated Agreement for Maintenance Services between Modesto and StanRTA subcontractor's work related to this contract is satisfactorily completed or must return any retainage payments to those subcontractors within 30 days after incremental acceptance of the subcontractor’s work by the recipient and contractor’s receipt of the partial retainage payment related to the subcontractor’s work.
g. The contractor must promptly notify the recipient whenever a DBE subcontractor performing work related to this contract is terminated or fails to complete its work, and must make good faith efforts to engage another DBE subcontractor to perform at least the same amount of work. The contractor may not terminate any DBE subcontractor and perform that work through its own forces or those of an affiliate without prior written consent of the recipient. (22) Prompt payment. -- The prime contractor agrees to pay each subcontractor under this prime contract for satisfactory performance of its contract no later than 30 days from the receipt of each payment the prime contract receives from the Recipient. The prime contractor agrees further to return retainage payments to each subcontractor within 30 days after the subcontractors work is satisfactorily completed. Any delay or postponement of payment from the above referenced time frame may occur only for good cause following written approval of the Recipient. This clause applies to both DBE and non-DBE subcontracts.
(23) Incorporation of Federal Transit Administration (FTA) Terms. -- The preceding provisions include, in part, certain Standard Terms & Conditions required by USDOT, whether or not expressly stated in the preceding contract provisions. All USDOT-required contractual provisions, as stated in FTA Circular 4220.1F, are hereby incorporated by reference. Anything to the contrary herein notwithstanding, all FTA mandated terms shall be deemed to control in the event of a conflict with other provisions contained in this Agreement. The contractor shall not perform any act, fail to perform any act, or refuse to comply with any request that would cause the recipient to be in violation of FTA terms and conditions.
(24) Drug and Alcohol Abuse and Testing. -- The Contractor agrees to comply with the following Federal substance abuse regulations: a. Drug-Free Workplace. U.S. DOT regulations, "Drug-Free Workplace Requirements (Grants), " 49 C.F.R. Part 32, that #12..
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Amended and Restated Agreement for Maintenance Services between Modesto and StanRTA implements the Drug-Free Workplace Act of 1988 as amended, 41 U.S.C. §§ 8103 et seq., and 2 CFR part 182, b. Alcohol Misuse and Prohibited Drug Use. FTA Regulations, "Prevention of Alcohol Misuse and Prohibited Drug Use in Transit Operations," 49 USC 5331, as amended by Map-21,49 CFR part 40, 49 USC chapter 53, 49 CFR Part 655, to the extent applicable.
(25) Full and Open Competition. -- In accordance with 49 U.S.C. § 5325(a) all procurement transactions shall be conducted in a manner that provides full and open competition.
(26) Prohibition Against Exclusionary or Discriminatory Specifications. -- Apart from inconsistent requirements imposed by Federal statute or regulations, the contractor shall comply with the requirements of 49 USC 5323(h)(2) by refraining from using any FTA assistance to support procurements using exclusionary or discriminatory specifications.
(27) Conformance with ITS National Architecture. -- Contractor shall conform, to the extent applicable, to the National Intelligent Transportation Standards architecture as required by SAFETEA-LU Section 5307(c), 23 U.S.C. Section 512 and as amended by MAP-21 23 U.S.C. § 517(d), note and follow the provisions of FTA Notice, “FTA National Architecture Policy on Transit Projects,” 66 Fed. Reg.1455 et seq., January 8, 2001, and any other implementing directives FTA may issue at a later date, except to the extent FTA determines otherwise in writing.
(28) Access Requirements for Persons with Disabilities. -- Contractor shall comply with 49 USC 5301(d), stating Federal policy that the elderly and persons with disabilities have the same rights as other persons to use mass transportation services and facilities and that special efforts shall be made in planning and designing those services and facilities to implement that policy. Contractor shall also comply with all applicable requirements of Sec. 504 of the Rehabilitation Act (1973), as amended, 29 USC 794, which prohibits discrimination on the basis of handicaps, and the Americans with Disabilities Act of 1990 (ADA), as amended, 42 USC 12101 et seq., which requires that accessible facilities and services be made available to persons with disabilities, including any subsequent amendments thereto.
(29) Notification of Federal Participation. -- To the extent required by law, in the #12..
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Amended and Restated Agreement for Maintenance Services between Modesto and StanRTA announcement of any third party contract award for goods and services (including construction services) having an aggregate value of $500,000 or more, contractor shall specify the amount of Federal assistance to be used in financing that acquisition of goods and services and to express that amount of Federal assistance as a percentage of the total cost of the third party contract.
(30) Interest of Members or Delegates to Congress. -- No members of, or delegates to, the US Congress shall be admitted to any share or part of this contract nor to any benefit arising therefrom.
(31) Ineligible Contractors and Subcontractors. -- Any name appearing upon the Comptroller General’s list of ineligible contractors for federally-assisted contracts shall be ineligible to act as a subcontractor for contractor pursuant to this contract. If contractor is on the Comptroller General’s list of ineligible contractors for federally financed or assisted construction, the recipient shall cancel, terminate or suspend this contract. (32) Other Contract Requirements. -- To the extent not inconsistent with the foregoing Federal requirements, this contract shall also include those provisions attached hereto, and shall comply with the recipient’s Procurement Guidelines, available upon request from the recipient.
(33) Compliance with Federal Regulations. -- Any contract entered pursuant to this solicitation shall contain the following provisions: All USDOT-required contractual provisions, as set forth in FTA Circular 4220.1F, are incorporated by reference. Anything to the contrary herein notwithstanding, FTA mandated terms shall control in the event of a conflict with other provisions contained in this Agreement. Contractor shall not perform any act, fail to perform any act, or refuse to comply with any grantee request that would cause the recipient to be in violation of FTA terms and conditions. Contractor shall comply with all applicable FTA regulations, policies, procedures and directives, including, without limitation, those listed directly or incorporated by reference in the Master Agreement between the recipient and FTA, as may be amended or promulgated from time to time during the term of this contract. Contractor’s failure to so comply shall constitute a material breach of this contract.
(34) Real Property
a. Any contract entered into shall contain the following provisions: Contractor shall #12..
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Amended and Restated Agreement for Maintenance Services between Modesto and StanRTA at all times comply with all applicable statutes and USDOT regulations, policies, procedures and directives governing the acquisition, use and disposal of real property, including, but not limited to, 49 CFR 18.31-18.34, 49 CFR 19.30-19.37, 49 CFR Part 24, 49 CFR 5326 as amended by FAST Act, 49 CFR part 18 or 19, 49 USC 5334, applicable FTA Circular 5010, and FTA Master Agreement, as they may be amended or promulgated during the term of this contract. b. Contractor’s failure to so comply shall constitute a material breach of this contract.
(35) Access to Services for Persons with Limited English Proficiency. -- To the extent applicable and except to the extent that FTA determines otherwise in writing, the Recipient agrees to comply with the policies of Executive Order No. 13166, "Improving Access to Services for Persons with Limited English Proficiency," 42 U.S.C. § 2000d 1 note, and with the provisions of U.S. DOT Notice, “DOT Guidance to Recipients on Special Language Services to Limited English Proficient (LEP) Beneficiaries,” 70 Fed.
Reg. 74087, December 14, 2005.
(36) Environmental Justice
a. Except as the Federal Government determines otherwise in writing, the Recipient agrees to promote environmental justice by following:
b. Executive Order No. 12898, “Federal Actions to Address Environmental Justice in Minority Populations and Low- Income Populations,” February 11, 1994, 42 U.S.C. § 4321 note, as well as facilitating compliance with that Executive Order, and (2) DOT Order 5610.2, “Department of Transportation Actions To Address Environmental Justice in Minority Populations and Low-Income Populations,” 62 Fed. Reg. 18377, April 15, 1997, and (3) The most recent and applicable edition of FTA Circular 4703.1, “Environmental Justice Policy Guidance for Federal Transit Administration Recipients,” August 15, 2012, to the extent consistent with applicable Federal laws, regulations, and guidance,
(37) Environmental Protections. -- Compliance is required with any applicable Federal laws imposing environmental and resource conservation requirements for the project. Some, but not all, of the major Federal laws that may affect the project include:
the National Environmental Policy Act of 1969; the Clean Air Act; the Resource #12..
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Amended and Restated Agreement for Maintenance Services between Modesto and StanRTA Conservation and Recovery Act; the comprehensive Environmental response, Compensation and Liability Act; as well as environmental provisions with Title 23 U.S.C., and 49 U.C. chapter 53. The U.S. EPA, FHWA and other federal agencies may issue other federal regulations and directives that may affect the project. Compliance is required with any applicable Federal laws and regulations in effect now or that become effective in the future.
(38) Geographic Information and Related Spatial Data. -- Any project activities involving spatial data or geographic information systems activities financed with Federal assistance are required to be consistent with the National Spatial Data Infrastructure promulgated by the Federal Geographic Data Committee, except to the extent that FTA determines otherwise in writing.
(39) Geographic Preference. -- All project activities must be advertised without geographic preference, (except in A/E under certain circumstances, preference for hiring veterans on transit construction projects and geographic-based hiring preferences as proposes to be amended in 2 CFR Part 1201).
(40) Organizational Conflicts of Interest. -- The Recipient agrees that it will not enter into a procurement that involves a real or apparent organizational conflict of interest described as follows: (1) When It Occurs. An organizational conflict of interest occurs when the Project work, without appropriate restrictions on certain future activities, results in an unfair competitive advantage: (a) To that Third Party Participant or another Third Party Participant performing the Project work, and (b) That impairs that Third Party Participant’s objectivity in performing the Project work, or (2) Other. An organizational conflict of interest may involve other situations resulting in fundamentally unfair competitive conditions, (3) Disclosure Requirements. Consistent with FTA policies, the Recipient must disclose to FTA, and each of its Subrecipients must disclose to the Recipient: (a) Any instances of organizational conflict of interest, or (b) Violations of federal criminal law, involving fraud, bribery, or gratuity violations potentially affecting the federal award, and (4) Failure to Disclose. Failure to make required disclosures can result in remedies for noncompliance, including debarment or suspension. (41) Federal Single Audit Requirements for State Administered Federally Aid #12..
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Amended and Restated Agreement for Maintenance Services between Modesto and StanRTA Funded Projects Only
Non Federal entities that expend $750,000 or more in a year in Federal awards from all sources are required to comply with the Federal Single Audit Act provisions contained in U.S. Office of Management and Budget (OMB) Circular No. A 133, “Audits of States, Local Governments, and Non Profit Organizations” (replaced with 2 CFR Part 200,“Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards” effective December 26, 2014 as applicable). Non Federal entities that expend Federal awards from a single source may provide a program specific audit, as defined in the Circular. Non Federal entities that expend less than the amount above in a year in Federal awards from all sources are exempt from Federal audit requirements for that year, except as noted in Sec. 215 (a) of OMB Circular A-133 Subpart B--Audits, records must be available for review or audit by appropriate officials of the cognizant Federal agency the New York State Department of Transportation, the New York State Comptrollers Office and the U.S. Governmental Accountability Office (GAO). Non Federal entities are required to submit a copy of all audits, as described above, within 30 days of issuance of audit report, but no later than 9 months after the end of the entity’s fiscal year, to the New York State Department of Transportation, Contract Audit Bureau, 50 Wolf Road, Albany, NY 12232. Unless a time extension has been granted by the cognizant Federal Agency and has been filed with the New York State Department of Transportation’s Contract Audit Bureau, failure to comply with the requirements of OMB Circular A-133 may result in suspension or termination of Federal award payments. (42) Veterans Preference
a. Veterans Preference. As provided by 49 U.S.C. § 5325(k), to the extent practicable, the Recipient agrees and assures that each of its Subrecipients:
b. Will give a hiring preference to veterans, as defined in 5 U.S.C. § 2108, who have the skills and abilities required to perform construction work required under a third party contract in connection with a Capital Project supported with federal assistance appropriated or made available for 49 U.S.C. chapter 53, and c. Will not require an employer to give a preference to any veteran over any equally qualified applicant who is a member of any racial or ethnic minority, female, an individual with a disability, or a former employee.
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Amended and Restated Agreement for Maintenance Services between Modesto and StanRTA (43) Safe Operation of Motor Vehicles
a. The Contractor is encouraged to adopt and promote on-the-job seat belt use policies and programs for its employees and other personnel that operate company-owned vehicles, company rented vehicles, or personally operated vehicles. The terms “company-owned” and “company-leased” refer to vehicles owned or leased either by the Contractor or AGENCY.
b. The Contractor agrees to adopt and enforce workplace safety policies to decrease crashes caused by distracted drivers, including policies to ban text messaging while using an electronic device supplied by an employer, and driving a vehicle the driver owns or rents, a vehicle Contactor owns, leases, or rents, or a privatelyowned vehicle when on official business in connection with the work performed under this agreement.
(44) Catalog of Federal Domestic Assistance (CFDA) Identification Number. -- The municipal project sponsor is required to identify in its accounts all Federal awards received and expended, and the Federal programs under which they were received.
Federal program and award identification shall include, as applicable, the CFDA title and number, award number and year, name of the Federal agency, and name of the pass through entity.
(45) CFDA number for the Federal Transportation Administration. -- Nonurbanized Area Formula (Section 5311) is 20.509. A Recipient covered by the Single Audit Act Amendments of 1996 and OMB Circular A-133, “Audits of States, Local Governments, and Non-Profit Organizations,” (replaced with 2 CFR Part 200,“Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards” effective December 26, 2014 as applicable) agrees to separately identify the expenditures for Federal awards under the Recovery Act on the Schedule of Expenditures of Federal Awards (SEFA) and the Data Collection Form (SF-SAC) required by OMB Circular A-133. The Recipient agrees to accomplish this by identifying expenditures for Federal awards made under Recovery Act separately on the SEFA, and as separate rows under Item 9 of Part III on the SF-SAC by CFDA number, and inclusion of the prefix “ARRA” in identifying the name of the Federal program on the SEFA and as the first characters in Item 9d of Part III on the SF-SAC.
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Amended and Restated Agreement for Maintenance Services between Modesto and StanRTA #12..
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Attachment 6-MOU for Grant Management and
Asset Transfer
MEMORANDUM OF UNDERSTANDING BETWEEN
THE CITY OF MODESTO AND
THE STANISLAUS REGIONAL TRANSIT AUTHORITY
FOR THE PROVISION OF GRANT MANAGEMENT SERVICES
AND TRANSFER OF SPECIFIED ASSETS
This Memorandum of Understanding regarding Grant Management Services (“MOU”), dated ____________________ , 2021 for reference purposes, is by and between the City of Modesto, a municipal corporation, (“CITY”) and the Stanislaus Regional Transit Authority, a joint powers agency, (“AUTHORITY”). The Effective Date of this MOU shall be July 1, 2021.
RECITALS
A. WHEREAS, on January 26, 2021, the CITY and Stanislaus County entered into a Joint Powers Agreement (JPA) to form the AUTHORITY for the purpose of operating transit services in Modesto and Stanislaus County as a consolidated entity; and B. WHEREAS, the CITY accepted grant funds from the Federal Transit Administration (FTA) and State of California to operate transit services and procure capital assets related to transit services; and
C. WHEREAS, the CITY is obligated by its funding grantors to complete certain reports, audits and reviews for transit services that occurred during the 2020/21 fiscal year and before; and
D. WHEREAS, CITY will be required to submit these reports after the AUTHORITY begins operations on July 1, 2021; and
E. WHEREAS, there is a lack of Transportation Development Act (TDA) funds for fiscal year 2021/22 for the CITY to accomplish required processes and reporting for funding grantors; and
F. WHEREAS, the CITY intends to retain ownership of the Bus Maintenance Facility (BMF)(1609 8th Street, Modesto, California) and the Downtown Transportation Center (Transit Center)(1001 9th Street, Modesto, California), and transfer rolling stock and bus stop amenity related assets, as set forth in Attachments 1 and 2, to the AUTHORITY; and G. WHEREAS, the FTA is responsible for the funding it provides to jurisdictions from the federal government, and for the satisfactory continuing control of the assets that it provides to transit agencies; and
June 22
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H. WHEREAS, the CITY must ensure that FTA funded property will remain available to be used for its originally authorized purpose throughout its useful life until disposition; and
I. WHEREAS, the CITY’s full obligations are described in 2 CFR Parts 200 and 1201, "Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards" and FTA Circular 5010.1E, “Award Management Requirements”; and J.WHEREAS, by accepting the grant awards, the CITY has been obligated to comply with annual and periodic reports, audits and reviews. These tasks include, but are not limited to, following the Annual National Transit Database reports, Comprehensive Reviews (also known as Triennial Reviews), Milestone Progress Reports (MPR), Federal Financial Reports (FFR), Drug and Alcohol Testing Management Information System reports, Annual Fiscal Audits, Federal Funding Accountability and Transparency Act of 2006 reports, Disadvantaged Business Enterprise (DBE) semi-annual reports and other reviews and reports as determined by the FTA; and
K. WHEREAS, the Stanislaus Council of Governments (StanCOG), California Air Resources Board (CARB), and the California Department of Transportation (CalTrans), are responsible for the funding they provide to jurisdictions including funds from the Transportation Development Act (TDA); and
L. WHEREAS, CITY and AUTHORITY desire to enter into this MOU whereby AUTHORITY will assist CITY with the required reporting, audits and reviews required by the CITY’s funding grantors.
NOW THEREFORE, CITY and AUTHORITY agree as follows:
TERMS AND CONDITIONS
1. OBLIGATIONS OF AUTHORITY
1.1. Beginning July 1, 2021, and continuing thereafter unless terminated as provided for in this MOU, AUTHORITY shall assist the CITY with or perform the following functions related to grant management on behalf of CITY as provided herein:
1.1.1. CITY will timely provide all necessary data to assist AUTHORITY in preparing and filing federal and state reports, as necessary, pertaining to the CITY’s operation and funding of public transit prior to or during Fiscal Year 2020/2021. AUTHORITY shall file all reports by the due date.
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1.1.2. CITY will timely notify AUTHORITY of any requested ECHO drawdowns for the benefit of the CITY for the operation and funding of public transit as operated by the CITY prior to or during Fiscal Year 2020/2021 and AUTHORITY shall timely submit such request on behalf of CITY.
1.1.3. AUTHORITY, on behalf of CITY, will respond to inquiries from federal and state agencies regarding the content of any report submitted by AUTHORITY for the operation and funding of public transit as operated by the CITY prior to or during Fiscal Year 2020/2021.
1.1.4. AUTHORITY will obtain from CITY and convey information required for any Federal or State required audit or review for the operation and funding of public transit prior to or during Fiscal Year 2020/2021.
1.1.5. AUTHORITY will reimburse the CITY for the costs required for any fiscal audit of TDA and FTA funds incurred or expended for fiscal year 2020/21. These costs must be invoiced to the AUTHORITY with appropriate documentation from a third-party auditor. Any costs must not exceed $21,000.
1.1.6. AUTHORITY is hereby authorized to act on behalf of CITY in reporting to the National Transit Database (NTD), report on open grants, and close grants in the Transit Award Management System (TrAMS).
1.2. Transit Center Improvements Project.
1.2.1. The Transit Center Improvement Project is a remodel, rehabilitation and upgrade to the historic Southern Pacific railroad station. The project includes improvements to the building interior, the operations center and the building exterior.
1.2.2. The Transit Center Improvements Project is an approximately $5,600,000 project and is fully funded with a combination of FTA, TDA and CalTrans funds. As this project is on-going and anticipated to be completed by December 2022, the CITY will retain these funds required and previously allocated for the improvement project.
1.2.3. The CITY will manage and oversee the improvement project to completion. The AUTHORITY will not be responsible in any manner for project oversight or management.
1.2.4. The AUTHORITY will enter reports and close the grant in TrAMS once the CITY notifies AUTHORITY of project progress.
1.3. The parts room expansion project at the BMF is fully funded with an FTA grant.
As this project is on-going and anticipated to be completed by October 2021, the CITY will DocuSign Envelope ID: 920FF9A6-43A4-471A-A506-9A0B3F8945C1 #12..
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retain this grant and will be responsible for project oversight and management. The AUTHORITY will enter reports and close the grant in TrAMS once the CITY notifies AUTHORITY of project progress. The AUTHORITY will not be responsible in any manner for project oversight or management.
1.4. Unless provided otherwise herein, beginning July 1, 2021, and continuing thereafter, the AUTHORITY shall perform all reporting functions, duties, and requirements on behalf of the CITY in connection with those federal and state grants identified in Attachment 3 hereto which CITY received for the operation and funding of public transit as operated by the CITY prior to July 1, 2021.
2. OBLIGATIONS OF CITY
2.1. The CITY retains all responsibility for compliance with the terms of the grant agreements identified on Attachment 3 until all obligations of each grant have been fulfilled.
Any deficiencies found as part of the on-going oversight process of the grantors will be the responsibility of the CITY. The AUTHORITY will not be responsible for failure of the CITY to comply with grant agreement obligations.
2.2. The CITY will allow reasonable access or provide required information to AUTHORITY to the Transit Award Management System (TrAMS), including the National Transit Database (NTD) section.
2.3. The CITY will allow reasonable access or provide required information to AUTHORITY to the CITY financial systems or provide CITY financial reports needed to carry out any report, audit or review.
2.4. The CITY will allow reasonable access or provide required information to AUTHORITY to the CITY transit data systems or provide CITY transit reports needed to carry out any report, audit or review.
2.5. As directed by the FTA, at the end of fiscal year 2020/21 the CITY agrees to timely seek grant reimbursements for any expenses incurred in fiscal year 2020/21 and then close the grant(s). CITY and AUTHORITY will seek guidance from FTA on closing open CITY grants and AUTHORITY’s ability to re-open grants closed by the CITY or open new grants. If AUTHORITY is unable to re-open any grant(s) identified on Attachment 3, CITY and AUTHORITY shall work with FTA on the process and procedure required to comply with the terms of the affected grant while also allowing the grant funding to be used by AUTHORITY for fiscal year 2021/22 and subsequent fiscal years.
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2.6. Responsibility for CITY Assets
2.6.1. The CITY intends to retain ownership of the federally funded BMF and Transit Center, and the locally funded Amtrak Station, but as of July 1, 2021 will not receive funding directly from the FTA, StanCOG or CalTrans for the maintenance of the facilities.
2.6.2. The satisfactory continuing control of the facilities are a necessary element of federal funding.
2.6.3. CITY and AUTHORITY have entered into separate agreements regarding AUTHORITY’s use of the BMF, Transit Center and Amtrak Station which set out the rights and responsibilities of the parties.
3. TRANSFER OF ROLLING STOCK ASSETS AND EQUIPMENT
3.1. CITY will transfer, convey, assign, and deliver ownership of the assets listed in Attachment 1 and 2 (collectively the “Assets”) to AUTHORITY with an effective date of July 1, 2021. Upon execution of this Agreement, CITY shall deliver to Authority a bill of sale for the Assets, duly executed by CITY, in the form attached hereto as Attachment 4. Upon execution and at any time or from time to time after execution, CITY will execute and deliver any further instruments of conveyance, transfer and assignment and take such other action as AUTHORITY may reasonably request to more effectively convey, transfer and assign to AUTHORITY any of the Assets, to put AUTHORITY in actual possession and operating control of the Assets, to confirm the title of AUTHORITY to the Assets, or to assist AUTHORITY in exercising any rights with respect to the Assets.
3.2. As of July 1, 2021, AUTHORITY will be fully responsible for all aspects of the maintenance and disposition of said assets.
3.3. CITY shall hold AUTHORITY, its agents, officers, employees and volunteers harmless from and save, defend and indemnify them against any and all claims, losses, liabilities and damages from every cause, including but not limited to injury to person or property or wrongful death, with the indemnity to include reasonable attorney’s fees, and all costs and expenses, arising directly or indirectly out of any act or omission of CITY, its agents, officers, employees or volunteers relating to the Assets which act or omission occurred at any time prior to July 1, 2021.
3.4. AUTHORITY shall hold CITY, its agents, officers, employees and volunteers harmless from and save, defend and indemnify them against any and all claims, losses, liabilities and damages from every cause, including but not limited to injury to person or property or wrongful death, with the indemnity to include reasonable attorney’s fees, and all costs and expenses, arising directly or indirectly out of any act or omission of AUTHORITY, its agents, DocuSign Envelope ID: 920FF9A6-43A4-471A-A506-9A0B3F8945C1 #12..
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officers, employees or volunteers relating to the Assets which act or omission occurred at any time on or after July 1, 2021.
4. TERMS OF AGREEMENT
1. This MOU shall commence on July 1, 2021 and continue thereafter until terminated by either party.
2. Either party may terminate this MOU without cause upon providing one hundred (180) days written notice to the other party. Termination of this MOU shall not affect either party’s obligations required under this MOU that are actually and necessarily incurred by the parties prior to the effective date of such termination. Termination of this MOU shall also not affect either party’s ownership or possessory rights with respect to the Assets.
3. Termination of this Agreement shall not affect the term, validity or enforceability of any of the other agreements validly entered into by CITY and AUTHORITY including, but not limited to the Maintenance Services Agreement, the Lease of the Bus Maintenance Facility, the Maintenance Services Agreement for the Transit Center and Amtrak Station and the Lease of the Transit Center.
5. INDEMNITY
Neither party, nor any of its officers or employees, shall be responsible for any damage or liability occurring by reason of anything done or omitted to be done by the other party under or in connection with any work delegated to that other party under this MOU. The parties further agree, pursuant to Government Code section 895.4, that each party shall fully indemnify and hold harmless the other party and its agents, officers, employees and contractors from and against all claims, damages, losses, judgments, liabilities, expenses and other costs, including litigation costs and attorney fees, arising out of, resulting from, or in connection with any work delegated to or action taken or omitted to be taken by such party under this Agreement.
6. NOTICE
Any notice, communication, amendment, addition or deletion to this MOU, including change of address of either party during the term of this MOU, which either party shall be required or may desire to make shall be in writing and may be personally served or, alternatively, sent by prepaid first-class mail to the respective parties as follows:
To MODESTO: City of Modesto
Attention: City Manager
1010 10th Street
Modesto, CA 95354
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To AUTHORITY: Stanislaus Regional Transit Authority
Attention: CEO
912 11th St
Modesto, CA 95354
7. AMENDMENT
This MOU may be modified, amended, changed, added to or subtracted from by the mutual consent of all the parties hereto if such amendment or change is in written form and executed with the same formalities as this MOU and attached to the original MOU to maintain continuity.
8. ENTIRE AGREEMENT
This MOU supersedes any and all other MOU’s or agreements, either oral or in writing, between any of the parties herein with respect to the subject matter hereof and contains all the agreements between the parties with respect to such matter. Each party acknowledges that no representations, inducements, promises or agreements, oral or otherwise, have been made by any party, or anyone acting on behalf of any party, which is not embodied herein, and that no other agreement, statement or promise not contained in this MOU shall be valid or binding.
9. ADVICE OF ATTORNEY
Each party warrants and represents that in executing this MOU, it has received independent legal advice from its attorneys or the opportunity to seek such advice.
10. CONSTRUCTION
Headings or captions to the provisions of this MOU are solely for the convenience of the parties, are not part of this MOU, and shall not be used to interpret or determine the validity of this MOU. Any ambiguity in this MOU shall not be construed against the drafter, but rather the terms and provisions hereof shall be given a reasonable interpretation as if both parties had in fact drafted this MOU.
11. GOVERNING LAW AND VENUE
This MOU shall be deemed to be made under and shall be governed by and construed in accordance with, the laws of the State of California. Any action brought to enforce the terms or provisions of this MOU shall have venue in the County of Stanislaus, State of California. *** Signatures contained on next page ***
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IN WITNESS WHEREOF, the parties have executed this MOU.
CITY OF MODESTO STANISLAUS REGIONAL
TRANSIT AUTHORITY
By _________________ By _______________________
City Manager Chief Executive Officer
ATTEST:
By _________________
Stephanie Lopez, City Clerk
APPROVED AS TO FORM: APPROVED AS TO FORM:
By _________________ By __________________
Jose M. Sanchez, City Attorney Monica Streeter,
General Counsel for Authority
DocuSign Envelope ID: 920FF9A6-43A4-471A-A506-9A0B3F8945C1 7/8/2021
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AGREEMENT TRANSMITTAL SHEET
Subject of Agreement:
Vendor Name: Division:
Contact Person: Extension:
Attorney Reviewer Name:
The attached agreement is the final agreement approved by Council on and pulled from Unity for routing via DocuSign.
The attached agreement is the final version approved through the under $50,000 Unity Workflow review and pulled from Unity for routing via DocuSign.
PINS Approval Business License
Council Agenda Report 700 Form (for Consultants)
Signed or Unsigned Resolution W-9
Council Meeting Minutes (Only if unsigned
Resolution is provided)
DocuSign Envelope ID: C0DB702E-D9B9-4B7A-A90C-D0BFE6B4CA8E X
Jessica Nunes
Stanislaus Regional Transit Authority
X 09/14/2021
Valerie Fabela
Amendment #1 with Stanislaus Regional Transit Authority for Grant Management Services and Transfer of Specified Assets
X
75339
Finance
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AMENDMENT #1
TO MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF MODESTO
AND THE STANISLAUS REGIONAL TRANSIT AUTHORITY FOR THE PROVISION
OF GRANT MANAGEMENT SERVICES AND TRANSFER OF SPECIFIED ASSETS This AMENDMENT #1 to the Memorandum of Understanding between the City of Modesto and the Stanislaus Regional Transit Authority for the Provision of Grant Management Services and Transfer of Specified Assets (“MOU”) dated June 22, 2021, is made and entered into as of September _____ , 2021 between the Stanislaus Regional Transit Authority (“AUTHORITY”), a joint powers agency established under California Government Code section 6500 et seq., and the City of Modesto (“CITY”), a municipal corporation.
A. WHEREAS, AUTHORITY and CITY have entered into that certain MOU dated June 22, 2021 for Grant Management and Transfer of Assets; and B. WHEREAS, AUTHORITY and CITY desire to amend the MOU to allow for additional grant management services and to update the list of assets transferred.
NOW, THEREFORE, in consideration of the mutual promises, covenants, terms and conditions contained herein, the parties desire to amend the MOU and agree as follows:
1. A new Section 1.5 is added to the MOU to read in full as follows:
1.5. Rideshare Program.
1.5.1. CITY is a “worksite” subject to the eTRIP rule (Rule 9410, Employer Based Trip Reduction) as adopted by the San Joaquin Valley Air Pollution Control District, which encourages employees to reduce single-occupancy vehicle trips thus reducing pollutant emissions associated with work commutes.
1.5.2. AUTHORITY will implement the eTRIP rule on behalf of CITY by providing the services described in the “Rideshare Scope of Work”, attached hereto as Exhibit A.
1.5.3. CITY currently utilizes three Congestion Mitigation and Air Quality Improvement (“CMAQ”) grant funding sources for implementation of the eTRIP rule.
AUTHORITY will (i) invoice CITY for the CMAQ grant funds on a monthly basis until all funds are expended; (ii) timely prepare and submit to CalTrans the required grant funding reports at a required frequency of no less than once every six (6) months and no more than once (1) per month; (iii) AUTHORITY will prepare grant closeout documentation when the grant funds are fully spent; (iv) AUTHORITY will submit to the CITY all grant required reports for review prior to submittal to CalTrans; and (v) when the CMAQ grant funds held by CITY are expended, DocuSign Envelope ID: C0DB702E-D9B9-4B7A-A90C-D0BFE6B4CA8E 14th
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AUTHORITY will apply for funding directly to operate the program on behalf of the CITY and the provision of such services will be memorialized in a separate agreement.
1.5.4. CITY retains all responsibility for compliance with the terms of the CMAQ grants and eTRIP rule until all obligations of the CMAQ grants and eTRIP rule have been respectively fulfilled. The AUTHORITY will not be responsible for failure of the CITY to comply with CMAQ grant agreement obligations.
1.5.5. CITY will allow reasonable access or provide required information to AUTHORITY to allow AUTHORITY to carry out and complete the Rideshare Scope of Work and to complete the required grant funding reports.
2. A new Section 1.6 is added to the MOU to read in full as follows:
1.6. Transit Center Video Surveillance System
1.6.1. CITY authorizes AUTHORITY to utilize CalOES Grant No. 6961- 0002 to purchase and install a video surveillance system at the Transit Center. AUTHORITY, in its reasonable discretion, shall identify the required specifications, products, services, and vendor, subject to applicable purchasing rules, of the video surveillance system to meet AUTHORITY needs and ensure compatibility with other AUTHORITY systems and programs.
1.6.2. AUTHORITY will invoice CITY for all expenses associated with the video surveillance system and timely prepare and submit the required grant funding semiannual progress reports and grant closeout reports to CalOES. The AUTHORITY will submit to the CITY all grant required reports for review prior to submittal to CalOES.
1.6.3. CITY retains all responsibility for compliance with the terms of the CalOES grant until all obligations of the grant have been fulfilled. The AUTHORITY will not be responsible for failure of the CITY to comply with grant obligations.
1.6.4. CITY will allow reasonable access or provide required information to AUTHORITY to allow AUTHORITY to carry out and complete the required grant funding reports.
3. A new Section 1.7 is added to the MOU to read in full as follows:
1.7. Low Carbon Transit Operations Program (LCTOP) – Free Fares
1.7.1. Low Carbon Transit Operations Program (“LCTOP”) is a program established by Senate Bill 862 to provide operating assistance to transit agencies to reduce greenhouse gas emissions and improve mobility. The Stanislaus Council of Governments DocuSign Envelope ID: C0DB702E-D9B9-4B7A-A90C-D0BFE6B4CA8E #12..
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(“StanCOG”) is the designated recipient of LCTOP funds for the Stanislaus region and previously separate state allocations were also made directly to Stanislaus County and the cities of Modesto, Ceres and Turlock for transit operations projects. With the creation of AUTHORITY, Stanislaus County and CITY will no longer be eligible recipients of LCTOP funds.
1.7.2. CITY agrees to transfer to AUTHORITY any and all LCTOP funds, Grant No. 19-20-D10-149 Free Fares Project, in its possession so AUTHORITY can provide a free fares program to AUTHORITY riders. CITY agrees to work with AUTHORITY to complete any required LCTOP applications and reports as outlined in the LCTOP guidelines.
1.7.3. AUTHORITY will be an eligible recipient of LCTOP funds for the Fiscal Year 2021/2022 allocation and will work with StanCOG to receive available funding and utilize those funds to continue the regional free fares program.
4. A new Section 1.8 is added to the MOU to read in full as follows:
1.8. Tire Carousel and Parts Storage Room Expansion Projects at the Bus Maintenance Facility
1.8.1. CITY purchased a tire carousel for the Bus Maintenance Facility but due to delays associated with the COVID-19 pandemic, the tire carousel was not received prior to June 30, 2021. Due to the timing delay, CITY will use existing FTA grant CA-04-0198 to pay for the tire carousel project.
1.8.2. CITY has carry-over Local Transportation Fund (LTF) funds of which it intends to use approximately $18,100 for the Bus Maintenance Facility parts storage room expansion project. At the conclusion of the expansion project, any remaining LTF funds held by CITY, the balance of which will be confirmed during the annual audit, will be transferred to AUTHORITY.
1.8.3. CITY retains all responsibility for compliance with the terms of the FTA grant and LTF funds. AUTHORITY will not be responsible for failure of the CITY to comply with the grant agreement obligations.
5. A new Section 2.7 is added to the MOU to read in full as follows:
2.7. Purchase of Replacement Busses
2.7.1. At the direction of the FTA, Grant CA-2021-003-00 will be retained by the CITY. This grant contains Federal Fiscal Year 2018 Section 5339 funds that would lapse if the grant were closed and re-awarded to the AUTHORITY. The FTA suggested that the CITY retain the grant and contract with the AUTHORITY to purchase replacement buses using the grant funding.
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2.7.2. The CITY agrees to pass through these grant funds to the AUTHORITY. The AUTHORITY will conduct a procurement consistent with its procurement policy and the FTA procurement requirements. After payment to the vendor for the buses, the AUTHORITY will invoice the CITY for the cost of the buses to the maximum amount available under the grant. The CITY will promptly remit reimbursement to the AUTHORITY.
2.7.3. The AUTHORITY will own the buses purchased with this grant.
2.7.4. As described in Section 1.1.2 and 1.1.6, the AUTHORITY will be responsible for the ECHO drawdowns, quarterly grant reporting, and grant closing as needed for this grant on behalf of the CITY. All of the aforementioned documents and reports will be submitted to CITY for review prior to submittal by AUTHORITY. The AUTHORITY will make available all documentation, Federal Financial Reporting (FFRS), Milestone Progress Reporting (MPRS), and ECHO drawdowns as requested by the CITY for audit purpose.
6. Attachment 1 – “Rolling Stock and Equipment” to the MOU is hereby amended in part as follows (with additions underlined):
Under the list of “Equipment”, the following VIN is added:
Asset
Number
Description Parent
Asset
Number
Asset
Category
Location Tag Date
Placed in
Service
53885 BUS STOP MAINTENANCE
TRUCK 2017
F450 One-Ton Truck, Extra
Cab (Transit)
VIN 1FD0X4GY8HED70265
C.BUS MTC
FACILITY.00
.NONE
41706 5-Feb-2018
7. Attachment 1 – “Rolling Stock and Equipment” to the MOU is hereby amended in part as follows (with deletions in strikethrough):
Under the list of “Rolling Stock”, the following rolling stock is removed:
VEHICLE
NUMBER
VEHICLE
YEAR
VEHICLE
MAKE
VEHICLE
DESCRIPTION
VEHICLE IDENTIFICATION
NUMBER (VIN)
21102 2011 FORD E450 1FDFE4FS9BDB26876
21603 2016 DODGE CARAVAN 2C4RDGC67FR713506
21904 2019 ARBOC SPIRIT OF
MOBILITY
1HA6GUBG3JN009458
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8. Attachment 1 – “Rolling Stock and Equipment” to the MOU is hereby amended in part as follows (with deletions in strikethrough):
Under the list of “Equipment”, the following equipment is removed:
Asset
Number
Description Parent
Asset
Number
Asset
Category
Location Tag Date
Placed in
Service
30899-00 FORD F-150 HALF-TON
PICKUP
30899-
00 EQUIP CA.CORP
YARD BLDG
3A.00.FLEET
30899-
00 21-Aug2008
31006 2017 Club Car Carryall 510
Utility Vehicle (Project
#100964)
31006 EQUIP CA.BUS.00.
NONE
51703 29-Nov2016
40896-00 2008 FORD F-550 TRUCK 40896-
00 EQUIP CA.CORP
YARD BLDG
3A.00.FLEET
40896-
00 11-Dec2008
9. Attachment 3 – “FTA Grants” to the MOU is hereby amended in part as follows (with additions underlined):
Under the list of Grants, the following grant information is updated:
FAIN Funding Disbur
sement
Available
Funds
Start End Purpose Grant Status on
July 1, 2021
In Process
2021-003-
00 $2,006,514 1656-2020-3
2021-003-00 FY18, FY
19, FY 20 5339 Bus
Replacement
Grant to be
retained closed
by the City, and
reopened by the
StanRTA
10. Except as modified by this Amendment #1, the MOU shall remain unchanged and is in full force and effect.
11. The terms and provisions of this Amendment #1 are incorporated by reference into the MOU as though set forth in full therein.
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12. This Amendment #1 may be executed in any number of counterparts with the same effect as if the parties had all signed the same document, and which together shall constitute one and the same instrument.
13. Each party agrees that this Amendment #1 may be electronically signed and that any electronic signatures appearing on this Amendment #1 are the same as handwritten signatures for purposes of validity, enforceability and admissibility.
IN WITNESS WHEREOF, this AMENDMENT #1 has been executed hereto as of the day and year written above.
CITY OF MODESTO
By: _________________________________
Joseph P. Lopez
City Manager
STANISLAUS REGIONAL TRANSIT
AUTHORITY
By:__________________________________
Philip McGuire
Chief Executive Officer
ATTEST:
By:__________________________________
Stephanie Lopez
City Clerk
APPROVED AS TO FORM:
By:__________________________________
Jose M. Sanchez
City Attorney
APPROVED AS TO FORM:
By: _________________________________
Monica Streeter
General Counsel
DocuSign Envelope ID: C0DB702E-D9B9-4B7A-A90C-D0BFE6B4CA8E 9/24/2021
By: Dana Sanchez
For: Stephanie Lopez, City Clerk
ATTEST (SEAL)
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EXHIBIT A
RIDESHARE SCOPE OF WORK
The Air District Rule 9410 (Employer Based Trip Reduction, eTRIP Rule) requires all larger employers in the San Joaquin Valley to maintain a Trip Reduction Implementation Plan(eTRIP).
The goal is to encourage employees to reduce single-occupancy vehicle trips, thus reducing pollutant emissions associated with work commutes. The required components of the plan include: Marketing, Program Support, Services and Facilities and Transportation, Alternative Schedules and Incentives. eTRIP requires participation in all four categories.
The StanRTA will provide the services below for the City of Modesto to comply with the eTRIP rule.
Coordinate public events, such as Bike to Work Day and other public events to promote bicycling as an alternative mode of transportation. Participate in various events to encourage and educate about cycling and alternative transportation. Administer grant funding for City of Modesto CMAQ grants. (Includes grant application, grant closeout, oversight and administration of all funds used for all Rideshare costs, including free bus rides for City of Modesto employees.) Distribute Annual Employee Rideshare Survey to help assess the Rideshare activities at the City of Modesto worksites, determine the Average Vehicle Ridership and provide required report for Air District Rule 9410.
Participate as a member of the Safe Kids Stanislaus Coalition in Modesto, attending monthly general meetings. Participate in safety events and promote Family Cycling Festival, Bike to Work Day and any other applicable events.
Work alongside with Dibs to promote and provide Guaranteed Ride Home Program and Carpool Ridematching services to City of Modesto employees. Manage assignment of enclosed bike lockers and clothing lockers to city and county employees who run, walk or ride their bike to work.
Send monthly Rideshare Team Emails to City employees, which include a representative from each department to pass along information and develop new ideas and strategies to encourage employees to rideshare.
Promote California Rideshare Week. Provide incentives/campaign to encourage walking, riding the bus, biking to work or carpooling.
Communicate by e-mail and/or telephone any concerns or questions that employees have about carpooling, bicycling, public transit, etc.
Promote the SJVAPCD’s Check Before you Burn, Clean Green Yard Machine and other Air District outreach programs.
Attend City of Modesto New Employee Orientation. Present Rideshare information, distribute a newsletter with City of Modesto rideshare information and provide rideshare incentives.
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09/14/2021/Finance/DChristensen/Item 7 1 2021-360
MODESTO CITY COUNCIL
RESOLUTION NO. 2021-360
RESOLUTION APPROVING AMENDMENT #1 TO MEMORANDUM OF
UNDERSTANDING BETWEEN THE CITY OF MODESTO AND THE
STANISLAUS REGIONAL TRANSIT AUTHORITY FOR GRANT
MANAGEMENT SERVICES AND TRANSFER OF SPECIFIED ASSETS, AND
AUTHORIZING THE CITY MANAGER, OR HIS DESIGNEE, TO EXECUTE
THE AMENDMENT
WHEREAS, on January 26, 2021, by Resolution 2021-26, Council approved a Joint Powers Agency (JPA) agreement with Stanislaus County to form the Stanislaus Regional Transit Authority, and
WHEREAS, on April 6, 2021, by Resolution 2021-114, Council approved an amendment to the JPA agreement with Stanislaus County to form the Stanislaus Regional Transit Authority, and
WHEREAS, on June 22, 2021, by Resolution 2021-250, Council approved the Memorandum of Understanding with the Stanislaus Regional Transit Authority to provide grant management services and transfer transit-related assets, and authorizing the City Manager, or his designee, to sign the Memorandum of Understanding and take action to transfer assets, and
WHEREAS, the transition of transit services from the City to the Authority and the transfer of assets occurred on July 1, 2021, and
WHEREAS, during the transition of grant functions and initial operations of Stanislaus Regional Transit Authority, certain updates to the grant and funding services were discovered, and
WHEREAS, Amendment #1 to the MOU provides updates to grant management functions and procurement of equipment and rolling stock between the City of Modesto and the Authority, and
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10/04/2022/Finance/DChristensen/Item 10 1 2022-406
MODESTO CITY COUNCIL
RESOLUTION NO. 2022-406
RESOLUTION APPROVING AMENDMENT #1 TO THE FACILITY AND
FLEET MAINTENANCE AGREEMENTS BETWEEN THE CITY OF MODESTO
AND THE STANISLAUS REGIONAL TRANSIT AUTHORITY AND
AUTHORIZING THE CITY MANAGER, OR HIS DESIGNEE, TO EXECUTE
THE AMENDMENTS
WHEREAS, on January 26, 2021, by Resolution 2021-26, Council approved a Joint Powers Agency (JPA) agreement with Stanislaus County to form the Stanislaus Regional Transit Authority, and
WHEREAS, on April 6, 2021, by Resolution 2021-114, Council approved an amendment to the JPA agreement with Stanislaus County to form the Stanislaus Regional Transit Authority, and
WHEREAS, on June 22, 2021, by Resolution 2021-251, Council approved the various agreements with the Stanislaus Regional Transit Authority to transition City transit services to the Stanislaus Regional Transit Authority, and WHEREAS, the transition of transit services from the City to the Authority and the transfer of assets occurred on July 1, 2021, and
WHEREAS, during the transition of operations to the Stanislaus Regional Transit Authority, certain updates to the facility and fleet maintenance agreements were discovered, and
WHEREAS, Amendment #1 to the facility and fleet maintenance agreements grants the City Manager and Executive Director authority to approve minor amendments to the agreement without further approval from the governing board of the City or Stanislaus Regional Transit Authority, and
WHEREAS, Amendment #1 to the facility and fleet maintenance agreements #12..
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10/04/2022/Finance/DChristensen/Item 10 2 2022-406
updated various rates charged to Stanislaus Regional Transit Authority to capture changes in labor costs and discretionary expenses, and
WHEREAS, Amendment #1 to the fleet maintenance agreement allows the City of Modesto to recoup costs for expenses not fully captured by the hourly maintenance rate and fixed management and staff support rate, or issue payment to Stanislaus Regional Transit Authority if payments received exceed true costs at fiscal year-end.
NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Modesto that it hereby approves Amendment #1 to the facility and fleet maintenance agreements between the City of Modesto and Stanislaus Regional Transit Authority.
BE IT FURTHER RESOLVED, that the City Manager, or his designee, is authorized to execute the amendments, in a form approved by the City Attorney. #12..
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The foregoing resolution was introduced at a regular meeting of the Council of the City of Modesto held on the 4th day of October, 2022, by Councilmember Kenoyer, who moved its adoption, which motion being duly seconded by Vice-Mayor Wright, was upon roll call carried and the resolution adopted by the following vote:
AYES: Councilmembers: Escutia-Braaton, Kenoyer, Madrigal, Ricci, Wright, Mayor Zwahlen
NOES: Councilmembers: None
ABSENT: Councilmembers: None
ATTEST: _____________________________
DIANE NAYARES-PEREZ, CMC,
City Clerk
(SEAL)
APPROVED AS TO FORM:
BY: ________________________________
JOSE M. SANCHEZ, City Attorney
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CITY OF MODESTO
COUNCIL AGENDA REPORT
DATE OF MEETING:
March 12, 2024
Date: February 16, 2024
TO: Mayor and City Council
THROUGH: Joseph P. Lopez, City Manager
FROM: William Wong, Director of Utilities
SUBJECT: Award West Trunk Sewer Rehabilitation Project
CONTACT: Cristian C. Ciotau, Engineering Division Manager [email protected], 209-571-5175
DESCRIPTION:
Consider approving the Plans and Specifications for the West Trunk Sewer Rehabilitation Project accepting the Bid and Awarding a Construction Contract to SAK Construction, LLC, of O’Fallon, MO, in the amount of $17,871,543, authorizing 12% for contingency (if needed), for a total payment amount not to exceed $20,016,129. (Funding Source: Wastewater Fund) STRATEGIC PLAN ELEMENT:
The recommended action supports the 2020-2025 City of Modesto Strategic Plan Initiatives, Goal D: Provide safe, efficient, and reliable infrastructure through proactive community investment, maintenance, and sustainability efforts.
BACKGROUND:
The West Trunk is one of the City’s five major trunk lines that convey flows to the Regional Water Recycling Facility - Sutter Campus (RWRF-SC). The West Trunk is approximately 8.9 miles long and conveys approximately 35 percent of the City’s total average dry weather flow.
The measured flows taken during the Sewer Flow Monitoring & Inflow/Infiltration Study were 5.9 million gallons per day (MGD) (Average Flow) and 15.2 MGD (Peak Wet Weather Flow).
The City’s Wastewater Collection System Master Plan includes the rehabilitation of the West Trunk from the Woodland Lift Station to the Dryden Box at the RWRF-SC, identified as project “C-1”, and was created after a condition assessment concluded that the unlined reinforced concrete pipe (RCP) was beginning to show missing or protruding aggregate in the crown area.
The key objective of this project is to preserve existing pipe integrity and extend its useful life.
The pipelines will be 54 inches to 60 inches in diameter with a total length of nearly 25,000 linear feet Due to budget restrictions, the project is being phased. This first phase of the project is comprised of approximately 8,400 linear feet, including numerous manholes starting at the Dryden Box located at the RWRF-SC and concluding upstream at Carpenter Road. #13..
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City Council, March 12, 2024
Award West Trunk Sewer Rehabilitation Project
In addition to the West Trunk portion, in the City’s condition assessment report, project “A-3” is considered a high priority rehabilitation project. Though it was labeled as West Trunk in the report, “A-3” is part of the Emerald Trunk. The pipe to be replaced is approximately 3,000 linear feet and 10 manholes. The measured flows were 0.57 MGD (Average Flow) and 1.60 MGD (Peak Wet Weather Flow). The existing pipeline is an 18-inch unlined RCP and starts near the intersection of Coldwell Avenue and North 9th Street and concludes upstream at West Roseburg Avenue and Carver Road.
Also, during the recent construction of the Headworks and Dryden Box Project (2020-2021), the contractor observed extreme corrosion in an approximately 100-foot section of 60-inch unlined RCP at the RWRF-SC, this segment will also be rehabilitated as part of this project.
This project will also rehabilitate approximately 1,700 linear feet of the Santa Rosa Sewer Trunk and approximately 700 linear feet of the Lakewood Sewer Trunk. The sewer trunk siphons at the RWRF-SC will also be inspected and a report on the siphons condition will be submitted to the State.
The Sutter Outfall Pipeline has required emergency repairs twice in the past. The last leak was detected in early May of 2022. The pipeline’s crown has severe deterioration because of the hydrogen sulfide gases in the wastewater flow.
DISCUSSION:
The project was advertised for bids on December 5, 2023. Bids were publicly opened on January 23, 2024, pursuant to City Charter Section 1307 and SAK Construction, LLC, of O’Fallon, MO, was the responsible bidder with the lowest responsive bid.
Bid Analysis:
Number of bids received 3
Number of bids within 10% of engineer’s estimate 1
Number of bids above the engineer’s estimate 2
Number of bids below the engineer’s estimate 1
Percent low bid below the engineer’s estimate 0.71%
Modesto Municipal Code Section 8-3.203 generally requires all purchases, which meet or exceed $100,000 for material, equipment, or contractual services to follow the formal bid procedures. The award of a Contract for the construction of the West Trunk Sewer Rehabilitation Project to SAK Construction, LLC, of O’Fallon, MO, conforms to the Modesto Municipal Code because the City complied with the formal bid procedures and SAK Construction, LLC 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, revised on July 9, 2019, by Council Resolution No. 2019-326 and revised a second time on September 12, 2023, by Council Resolution No. 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 this project 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% ($1,429,724) of the Construction Contract amount of $17,871,543. Therefore, staff is requesting that the Director’s Authority to issue change orders be increased to 12% ($2,144,586) of the Construction Contract amount. #13..
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City Council, March 12, 2024
Award West Trunk Sewer Rehabilitation Project
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.
FISCAL IMPACT:
The total estimated cost for the construction phase of this project is $21,316,129. Expenses associated with this effort are housed in the following Capital Improvement Program project:
101094 – West Trunk Sewer Rehabilitation
ANTICIPATED CONSTRUCTION EXPENDITURES
Construction Contract $17,871,543
Construction Contingency (12%) $2,144,586
Construction Administration - City Staff $750,000
Engineering/Design/Administration – Consultant & City Staff $550,000 TOTAL $21,316,129
A budget adjustment in the amount of $15,024,837 from Wastewater Reserves will be necessary to fund the Construction Phase of this project.
COMMITTEE RECOMMENDATION:
This item was considered by the Economic Development Committee at the meeting held on August 10, 2022, where it was recommended that an Engineering Services Agreement with Carollo Engineers be forwarded to Council.
CEQA/NEPA REQUIREMENTS:
Environmental review has been provided through the 2019 Wastewater Master Plan Environmental Impact Report (EIR) (SCH # 2016062033) certified by Council on January 28, 2020.
RECOMMENDED COUNCIL ACTION:
Staff Recommendations:
Resolution approving the Plans and Specifications for the West Trunk Sewer Rehabilitation Project; accepting the Bid and Awarding a Construction Contract to SAK Construction, LLC, of O’Fallon, MO, in the amount of $17,871,543, authorizing the Director of Engineering Services to approve Change Orders up to the cumulative amount of $2,144,586, 12% of the original Contract price, for a total payment amount not to exceed $20,016,129 and authorizing the City Manager, or his designee, to execute the Contract.
Resolution amending the Fiscal Year 2023-24 Capital Improvement Program Budget in the amount of $15,024,837 to fund the Construction Phase of the West Trunk Sewer Rehabilitation Project and authorizing the City Manager, or his designee, to implement the provisions of the resolution.
Approved by:
William Wong, Director of Utilities
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City Council, March 12, 2024
Award West Trunk Sewer Rehabilitation Project
Joseph P. Lopez, City Manager
Attachments:
1. Resolutions (2)
2. Construction Contract - SAK Construction, LLC
3. Bid Results
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1 2024-
MODESTO CITY COUNCIL
RESOLUTION NO. 2024-
RESOLUTION APPROVING THE PLANS AND SPECIFICATIONS FOR THE WEST TRUNK SEWER REHABILITATION PROJECT; ACCEPTING THE BID
AND AWARDING A CONSTRUCTION CONTRACT TO SAK
CONSTRUCTION, LLC, OF O’FALLON, MO, IN THE AMOUNT OF
$17,871,543, AUTHORIZING THE DIRECTOR OF ENGINEERING SERVICES
TO APPROVE CHANGE ORDERS UP TO THE CUMULATIVE AMOUNT OF $2,144,586, 12% OF THE ORIGINAL CONTRACT PRICE, FOR A TOTAL PAYMENT AMOUNT NOT TO EXCEED $20,016,129 AND AUTHORIZING
THE CITY MANAGER, OR HIS DESIGNEE, TO EXECUTE THE CONTRACT WHEREAS, plans and specifications have been prepared for the West Trunk Sewer Rehabilitation Project, and
WHEREAS, the West Trunk is approximately 8.9 miles long and conveys approximately 35 percent of the City’s total average dry weather flow, and WHEREAS, the City’s Wastewater Collection System Master Plan includes the rehabilitation of the West Trunk from the Woodland Lift Station to the Dryden Box located at the Regional Water Recycling Facility - Sutter Campus (RWRF-SC), and WHEREAS, this first phase of the project is approximately 8,400 linear feet, starting at the Dryden Box located at the RWRF-SC and concluding upstream at Carpenter Road, and
WHEREAS, this project will also rehabilitate a 100-foot section of 60-inch unlined RCP at the RWRF-SC identified during the Headworks and Dryden Box Project (2020-21) as being heavily corroded, and
WHEREAS, this project will also rehabilitate approximately 1,700 linear feet of the Santa Rosa Sewer Trunk and approximately 700 linear feet of the Lakewood Sewer Trunk, and
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2 2024-
WHEREAS, the project was advertised for bids on December 5, 2023, and WHERAS, on January 23, 2024, bids were publicly opened, pursuant to City Charter Section 1307, three bids were received and SAK Construction, LLC, of O’Fallon, MO, was the responsible bidder with the lowest responsive bid, and WHEREAS, Modesto Municipal Code Section 8-3.203 generally requires all purchases, which meet or exceed $100,000 for material, equipment or contractual services to follow the formal bid procedures, and
WHEREAS, the award of Contract for the construction of the West Trunk Sewer Rehabilitation Project to SAK Construction, LLC, of O’Fallon, MO, conforms to the Modesto Municipal Code because the City complied with the formal bid procedures and SAK Construction, LLC was the lowest responsive and responsible bidder, and WHEREAS, staff recommends awarding the Contract to SAK Construction, LLC, of O’Fallon, MO.
NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Modesto that it hereby approves the plans and specifications for the West Trunk Sewer Rehabilitation Project, accepts the bid and awards a Construction Contract to SAK Construction, LLC, of O’Fallon, MO for $17,871,543, and authorizes the Director of Engineering Services to approve Change Orders up to the cumulative amount of $2,144,586, 12% of the original Contract price, for a total payment amount not to exceed $20,016,129.
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. #13..
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3 2024-
The foregoing resolution was introduced at a regular meeting of the Council of the City of Modesto held on the 12th day of March, 2024, by Councilmember ?, who moved its adoption, which motion being duly seconded by Councilmember ?, was upon roll call carried and the resolution adopted by the following vote:
AYES: Councilmembers:
NOES: Councilmembers:
ABSENT: Councilmembers:
ATTEST:
DIANE NAYARES-PEREZ, City Clerk
(SEAL)
APPROVED AS TO FORM:
BY:
JOSE M. SANCHEZ, City Attorney
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1 2024-
MODESTO CITY COUNCIL
RESOLUTION NO. 2024-
RESOLUTION AMENDING THE FISCAL YEAR 2023-24 CAPITAL
IMPROVEMENT PROGRAM BUDGET IN THE AMOUNT OF $15,024,837 TO
FUND THE CONSTRUCTION PHASE OF THE WEST TRUNK SEWER
REHABILITATION PROJECT AND AUTHORIZING THE CITY MANAGER,
OR HIS DESIGNEE, TO IMPLEMENT THE PROVISIONS OF THE
RESOLUTION
WHEREAS, certain budgetary transactions are necessary in the amount of $15,024,837, in order to fund the West Trunk Sewer Rehabilitation 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 $15,024,837.
BE IT FURTHER RESOLVED that the City Manager, or his designee, is hereby authorized to implement the provisions of this resolution. #13..
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2 2024-
The foregoing resolution was introduced at a regular meeting of the Council of the City of Modesto held on the 12th day of March 2024, by Councilmember ?, who moved its adoption, which motion being duly seconded by Councilmember ?, was upon roll call carried and the resolution adopted by the following vote:
AYES: Councilmembers:
NOES: Councilmembers:
ABSENT: Councilmembers:
ATTEST:
DIANE NAYARES-PEREZ, City Clerk
(SEAL)
APPROVED AS TO FORM:
BY: ____________________________________
JOSE M. SANCHEZ, City Attorney
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Bid Tabulation Friday, January 26, 2024
Project Title: West Trunk Sewer Rehabilitation
Project ID #: 2024-06
Account #: 101094
Vault ID #: 12-D-0561
Bid Opening: 1/23/2024 at 11:00 AM
Basis of Award: By Base Bid Designer: Carollo
Design Manager: Cristian Ciotau
Project Description: This project will provide critical rehabilitation for the City’s West Trunk sewer line, including the rehabilitation of approximately 6,500 linear feet of 54 to 60- inch diameter trunk line and nine manholes between the Dryden Box and Carpenter Road.
Item # Item Description Units Quantity Unit Price Extension Apparent Low Bidder
SAK Construction, LLC
(636) 385-1000 864 Hoff Road, O'Fallon, MO 63366
Base Bid
1 Mobilization and Demobilization (Not to be LS 1 $600,000.00 $600,000.00 greater than 4% of the total Base Bid Price)
2 Traffic Control LS 1 $93,000.00 $93,000.00
3 18-inch CIPP Liner LF 2949 $110.00 $324,390.00
4 24-inch CIPP Liner LF 313 $256.00 $80,128.00
5 30-inch CIPP Liner LF 1325 $262.00 $347,150.00
6 45-inch CIPP Liner LF 668 $544.00 $363,392.00
7 54-inch CIPP Liner LF 2063 $661.00 $1,363,643.00
8 60-inch CIPP Liner LF 6320 $700.00 $4,424,000.00
9 60-inch Pressure CIPP Liner LF 2094 $1,200.00 $2,512,800.00 10 60-inch Geopolymer Pipeline Rehabilitation LF 136 $3,690.00 $501,840.00 11 48-inch Manhole Rehabilitation EA 19 $18,900.00 $359,100.00 12 60-inch Manhole Rehabilitation EA 13 $19,700.00 $256,100.00 13 Sutter Outfall Box “B” Rehabilitation LS 1 $78,900.00 $78,900.00 14 Sutter Outfall Pressure Chamber LS 1 $159,600.00 $159,600.00 Rehabilitation
15 Sutter Outfall Fitting Removal and LS 1 $289,500.00 $289,500.00 Replacement
16 Sutter Outfall Siphon Cleaning/ Inspection LS 1 $62,100.00 $62,100.00 17 Cannery Segregation Outfall Siphon LS 1 $43,200.00 $43,200.00 Cleaning/ Inspection
18 New 72-inch Manhole Installation EA 6 $130,000.00 $780,000.00 19 New Pressure Manhole Installation EA 1 $390,000.00 $390,000.00 20 West Trunk Bypass Pumping LS 1 $1,477,000.00 $1,477,000.00 21 RWRF Sutter Campus Bypass Pumping LS 1 $402,000.00 $402,000.00 22 Sutter Outfall Bypass Pumping LS 1 $526,000.00 $526,000.00 23 Santa Rosa Bypass Pumping LS 1 $309,000.00 $309,000.00 24 Emerald Trunk Bypass Pumping LS 1 $126,000.00 $126,000.00 25 Lakewood Trunk Bypass Pumping LS 1 $204,000.00 $204,000.00 #13..
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26 Lift Station Demolition and Removal LS 1 $601,000.00 $601,000.00 27 Aggregate Base CY 900 $55.00 $49,500.00
28 Hot Mix Asphalt TON 600 $365.00 $219,000.00
29 Odor and Styrene Control LS 1 $111,000.00 $111,000.00 30 Sheeting, Shoring, and Bracing, or LS 1 $526,000.00 $526,000.00 Equivalent Method for Protection of Life in
Trenches and Open Excavation
Pursuant to California Labor Code
SS6707 and Section 02260
31 Water Pollution Control Plan (WPCP) LS 1 $17,200.00 $17,200.00 32 Allowance for County of Stanislaus LS 1 $75,000.00 $75,000.00 Encroachment Permit
33 All Other Contract Work Not Specifically LS 1 $200,000.00 $200,000.00 Identified in the Bid Schedule
Total: $17,871,543.00
Percent From Engineer's Estimate: -0.71%
Insutiform Technologies, Inc.
(636) 530-8000 17988 Edison Ave., Chesterfield, MO 63005 Base Bid
1 Mobilization and Demobilization (Not to be LS 1 $630,000.00 $630,000.00 greater than 4% of the total Base Bid Price)
2 Traffic Control LS 1 $750,000.00 $750,000.00
3 18-inch CIPP Liner LF 2949 $220.00 $648,780.00
4 24-inch CIPP Liner LF 313 $341.00 $106,733.00
5 30-inch CIPP Liner LF 1325 $383.00 $507,475.00
6 45-inch CIPP Liner LF 668 $528.00 $352,704.00
7 54-inch CIPP Liner LF 2063 $739.00 $1,524,557.00
8 60-inch CIPP Liner LF 6320 $799.00 $5,049,680.00
9 60-inch Pressure CIPP Liner LF 2094 $1,590.00 $3,329,460.00 10 60-inch Geopolymer Pipeline Rehabilitation LF 136 $4,100.00 $557,600.00 11 48-inch Manhole Rehabilitation EA 19 $19,500.00 $370,500.00 12 60-inch Manhole Rehabilitation EA 13 $21,000.00 $273,000.00 13 Sutter Outfall Box “B” Rehabilitation LS 1 $75,000.00 $75,000.00 14 Sutter Outfall Pressure Chamber LS 1 $175,000.00 $175,000.00 Rehabilitation
15 Sutter Outfall Fitting Removal and LS 1 $300,000.00 $300,000.00 Replacement
16 Sutter Outfall Siphon Cleaning/ Inspection LS 1 $65,000.00 $65,000.00 17 Cannery Segregation Outfall Siphon LS 1 $50,000.00 $50,000.00 Cleaning/ Inspection
18 New 72-inch Manhole Installation EA 6 $200,000.00 $1,200,000.00 19 New Pressure Manhole Installation EA 1 $425,000.00 $425,000.00 20 West Trunk Bypass Pumping LS 1 $1,025,000.00 $1,025,000.00 21 RWRF Sutter Campus Bypass Pumping LS 1 $435,000.00 $435,000.00 22 Sutter Outfall Bypass Pumping LS 1 $1,600,000.00 $1,600,000.00 23 Santa Rosa Bypass Pumping LS 1 $250,000.00 $250,000.00 24 Emerald Trunk Bypass Pumping LS 1 $55,000.00 $55,000.00 25 Lakewood Trunk Bypass Pumping LS 1 $225,000.00 $225,000.00 26 Lift Station Demolition and Removal LS 1 $650,000.00 $650,000.00 27 Aggregate Base CY 900 $59.00 $53,100.00
28 Hot Mix Asphalt TON 600 $390.00 $234,000.00
29 Odor and Styrene Control LS 1 $24,000.00 $24,000.00
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30 Sheeting, Shoring, and Bracing, or LS 1 $600,000.00 $600,000.00 Equivalent Method for Protection of Life in
Trenches and Open Excavation
Pursuant to California Labor Code
SS6707 and Section 02260
31 Water Pollution Control Plan (WPCP) LS 1 $8,100.00 $8,100.00 32 Allowance for County of Stanislaus LS 1 $75,000.00 $75,000.00 Encroachment Permit
33 All Other Contract Work Not Specifically LS 1 $680,000.00 $680,000.00 Identified in the Bid Schedule
Total: $22,304,689.00
Percent From Engineer's Estimate: 23.91%
Michels Trenchless, Inc.
(920) 924-4300 PO Box128 Brownsville WI 53006
Base Bid
1 Mobilization and Demobilization (Not to be LS 1 $1,180,000.00 $1,180,000.00 greater than 4% of the total Base Bid Price)
2 Traffic Control LS 1 $928,172.00 $928,172.00
3 18-inch CIPP Liner LF 2949 $160.00 $471,840.00
4 24-inch CIPP Liner LF 313 $249.00 $77,937.00
5 30-inch CIPP Liner LF 1325 $419.00 $555,175.00
6 45-inch CIPP Liner LF 668 $625.00 $417,500.00
7 54-inch CIPP Liner LF 2063 $1,035.00 $2,135,205.00
8 60-inch CIPP Liner LF 6320 $1,040.00 $6,572,800.00
9 60-inch Pressure CIPP Liner LF 2094 $3,290.00 $6,889,260.00 10 60-inch Geopolymer Pipeline Rehabilitation LF 136 $1,000.00 $136,000.00 11 48-inch Manhole Rehabilitation EA 19 $23,430.00 $445,170.00 12 60-inch Manhole Rehabilitation EA 13 $20,391.00 $265,083.00 13 Sutter Outfall Box “B” Rehabilitation LS 1 $59,589.00 $59,589.00 14 Sutter Outfall Pressure Chamber LS 1 $129,233.00 $129,233.00 Rehabilitation
15 Sutter Outfall Fitting Removal and LS 1 $278,616.00 $278,616.00 Replacement
16 Sutter Outfall Siphon Cleaning/ Inspection LS 1 $61,295.00 $61,295.00 17 Cannery Segregation Outfall Siphon LS 1 $43,464.00 $43,464.00 Cleaning/ Inspection
18 New 72-inch Manhole Installation EA 6 $207,695.00 $1,246,170.00 19 New Pressure Manhole Installation EA 1 $395,128.00 $395,128.00 20 West Trunk Bypass Pumping LS 1 $2,876,206.00 $2,876,206.00 21 RWRF Sutter Campus Bypass Pumping LS 1 $1,029,729.00 $1,029,729.00 22 Sutter Outfall Bypass Pumping LS 1 $513,201.00 $513,201.00 23 Santa Rosa Bypass Pumping LS 1 $722,031.00 $722,031.00 24 Emerald Trunk Bypass Pumping LS 1 $805,736.00 $805,736.00 25 Lakewood Trunk Bypass Pumping LS 1 $527,087.00 $527,087.00 26 Lift Station Demolition and Removal LS 1 $60,789.00 $60,789.00 27 Aggregate Base CY 900 $56.00 $50,400.00
28 Hot Mix Asphalt TON 600 $370.00 $222,000.00
29 Odor and Styrene Control LS 1 $16,257.00 $16,257.00
30 Sheeting, Shoring, and Bracing, or LS 1 $557,231.00 $557,231.00 Equivalent Method for Protection of Life in
Trenches and Open Excavation
Pursuant to California Labor Code
SS6707 and Section 02260
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31 Water Pollution Control Plan (WPCP) LS 1 $9,571.00 $9,571.00 32 Allowance for County of Stanislaus LS 1 $75,000.00 $75,000.00 Encroachment Permit
33 All Other Contract Work Not Specifically LS 1 $1.00 $1.00 Identified in the Bid Schedule
Total: $29,752,876.00
Percent From Engineer's Estimate: 65.29%
Engineer's Estimate
Base Bid
1 Mobilization And Demobilization (Not to be LS 1 $687,490.00 $687,490.00 greater than 4% of the total Base Bid Price)
2 Traffic Control LS 1 $326,340.00 $326,340.00
3 18-inch CIPP Liner LF 2949 $270.00 $796,230.00
4 24-inch CIPP Liner LF 313 $400.00 $125,200.00
5 30-inch CIPP Liner LF 1325 $440.00 $583,000.00
6 45-inch CIPP Liner LF 668 $650.00 $434,200.00
7 54-inch CIPP Liner LF 2063 $440.00 $907,720.00
8 60-inch CIPP Liner LF 6320 $880.00 $5,561,600.00
9 60-inch Pressure CIPP Liner LF 2094 $1,310.00 $2,743,140.00 10 60-inch Geopolymer Pipeline Rehabilitation LF 136 $1,160.00 $157,760.00 11 48-inch Manhole Rehabilitation EA 19 $5,790.00 $110,010.00 12 60-inch Manhole Rehabilitation EA 13 $9,410.00 $122,330.00 13 Sutter Outfall Box “B” Rehabilitation LS 1 $14,470.00 $14,470.00 14 Sutter Outfall Pressure Chamber LS 1 $43,420.00 $43,420.00 Rehabilitation
15 Sutter Outfall Fitting Removal and LS 1 $21,710.00 $21,710.00 Replacement
16 Sutter Outfall Siphon Cleaning/ Inspection LS 1 $50,660.00 $50,660.00 17 Cannery Segregation Outfall Siphon LS 1 $50,660.00 $50,660.00 Cleaning/ Inspection
18 New 72-inch Manhole Installation EA 6 $101,310.00 $607,860.00 19 New Pressure Manhole Installation EA 1 $86,840.00 $86,840.00 20 West Trunk Bypass Pumping LS 1 $1,366,300.00 $1,366,300.00 21 RWRF Sutter Campus Bypass Pumping LS 1 $411,050.00 $411,050.00 22 Sutter Outfall Bypass Pumping LS 1 $602,100.00 $602,100.00 23 Santa Rosa Bypass Pumping LS 1 $369,080.00 $369,080.00 24 Emerald Trunk Bypass Pumping LS 1 $299,600.00 $299,600.00 25 Lakewood Trunk Bypass Pumping LS 1 $114,340.00 $114,340.00 26 Lift Station Demolition and Removal LS 1 $217,100.00 $217,100.00 27 Aggregate Base CY 900 $110.00 $99,000.00
28 Hot Mix Asphalt TON 600 $125.00 $75,000.00
29 Odor and Styrene Control LS 1 $217,100.00 $217,100.00 30 Sheeting, Shoring, and Bracing, or LS 1 $144,740.00 $144,740.00 Equivalent Method for Protection of Life in
Trenches and Open Excavation
Pursuant to California Labor Code
SS6707 and Section 02260
31 Water Pollution Control Plan (WPCP) LS 1 $144,740.00 $144,740.00 32 Allowance for County of Stanislaus LS 1 $75,000.00 $75,000.00 Encroachment Permit
33 All Other Contract Work Not Specifically LS 1 $434,210.00 $434,210.00 Identified in the Bid Schedule
Total: $18,000,000.00
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CITY OF MODESTO
COUNCIL AGENDA REPORT
DATE OF MEETING:
March 12, 2024
Date: February 21, 2024
TO: Mayor and City Council
THROUGH: Joseph P. Lopez, City Manager
FROM: William Wong, Director of Utilities
SUBJECT: Memorandum of Understanding between City of Modesto and Stanislaus County South Modesto Area Strengthen & Replace Water Mains Project CONTACT: David A. Felix, Associate Engineer, [email protected], 209-577-5488 DESCRIPTION:
Consider a Memorandum of Understanding with Stanislaus County for the South Modesto Area Strengthen & Replace Water Mains Project in an amount not to exceed $12,699,454. (Funding Source: Water Fund)
STRATEGIC PLAN ELEMENT:
The recommended action supports the 2020-2025 City of Modesto Strategic Plan Initiatives, Goal D: Provide safe, efficient, and reliable infrastructure through proactive community investment, maintenance, and sustainability efforts.
BACKGROUND:
The South Modesto Area Strengthen & Replace Water Mains Project is comprised of two neighborhoods, Bret Harte and Parklawn. The old undersized water mains in these neighborhoods are prone to leaks and will be replaced with new City standard water mains, valves, fittings, service laterals, and fire hydrants to improve system reliability, flows and pressures.
Stanislaus County (County) will also be improving existing infrastructure in the Bret Harte and Parklawn neighborhoods, referred to as County Areas 10 and 24, respectively, with funding received from the American Rescue Plan Act (ARPA). Improvements will include new sidewalks, curb & gutter, lighting, and storm drainage. Due to the ARPA funding having a deadline for the expenditure of funds by Winter 2025, the County’s design efforts are underway for Areas 10 and 24. The project must be bid by Summer 2024 to meet this deadline.
DISCUSSION:
To increase efficiency, minimize disruption, and ensure both City and County projects are completed on time and compatible during construction, the City and County have agreed to collaborate on the design and construction efforts in the Parklawn and Bret Harte #14..
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City Council, March 12, 2024
Memorandum of Understanding between City of Modesto and Stanislaus County South Modesto Area Strengthen & Replace Water Mains Project
neighborhoods. This collaboration includes partnering with the County’s design engineer for the preparation of construction documents. The final bid documents will include both the County’s infrastructure improvements and the City’s water system improvements.
Entering into a Memorandum of Understanding (MOU) to collaborate with the County on the South Modesto Area Strengthen & Replace Water Mains Project will allow the City to avoid the lengthy process of hiring an outside engineering consultant for the design of the City’s water system improvements. The MOU will stipulate the roles and responsibilities of each party for the design and construction of the project, along with the reimbursement requirements of costs associated with the amendment to the County’s current Engineering Services Agreement with Michael Baker International and their sub-consultant Carollo Engineers to expand the scope of work to include the City’s the water system improvements.
With the City’s oversight, the County will finalize construction documents for both County and City improvements and advertise the Project for public bid in the Summer of 2024. The County will administer the Construction Contract with Construction Inspection Services provided by the City for all water system improvements.
FISCAL IMPACT:
Expenses associated with this effort will be housed in the following Capital Improvement Program Project:
101512 - S. Modesto Areas S&R WMs – Ph 1
ANTICIPATED PROJECT EXPENDITURES
Engineering Services Agreement $1,140,413
Additional Services $114,041
Construction $10,350,000
Contingency $1,035,000
Engineering/Design/Administration - County Staff $60,000 Subtotal – MOU Related Expenses $12,699,454
Engineering/Design/Administration - City Staff $140,000 Construction Administration - City Staff $1,000,000
City Construction Forces $50,000
Total $13,889,454
COMMITTEE RECOMMENDATION
This item was considered by the Finance Committee at the meeting held on February 26, 2024, where it was recommended that it be forwarded to Council.
CEQA/NEPA REQUIREMENTS:
The City will be responsible for preparing the necessary documentation for the project to gain environmental clearance.
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City Council, March 12, 2024
Memorandum of Understanding between City of Modesto and Stanislaus County South Modesto Area Strengthen & Replace Water Mains Project
RECOMMENDED COMMITTEE ACTION:
Staff Recommendations:
Resolution approving a Memorandum of Understanding with Stanislaus County for the South Modesto Area Strengthen & Replace Water Mains Project, in an amount not to exceed $12,699,454 and authorizing the City Manager, or his designee, to execute the Agreement.
Resolution amending the Fiscal Year 2023-24 Capital Improvement Program Budget in the amount of $13,889,454 to be transferred into the Project from Water Fund Reserves to fund the South Modesto Area Strengthen & Replace Water Mains 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 (2)
2. Memorandum of Understanding & Exhibits
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1 MODESTO CITY COUNCIL
RESOLUTION NO. 2024-
RESOLUTION APPROVING A MEMORANDUM OF UNDERSTANDING WITH
STANISLAUS COUNTY FOR THE SOUTH MODESTO AREA STRENGTHEN &
REPLACE WATER MAINS PROJECT, IN AN AMOUNT NOT TO EXCEED $12,699,454 AND AUTHORIZING THE CITY MANAGER, OR HIS DESIGNEE,
TO EXECUTE THE AGREEMENT
WHEREAS, the South Modesto Area Strengthen & Replace Water Mains Project is comprised of two neighborhoods, Bret Harte and Parklawn, and WHEREAS, the old undersized water mains in these neighborhoods are prone to leaks and will be replaced with new City standard water mains, valves, fittings, service laterals, and fire hydrants to improve system reliability, flows and pressures, and WHEREAS, Stanislaus County (County) will also be improving existing infrastructure in the Bret Harte and Parklawn neighborhoods, referred to as County Areas 10 and 24, respectively, with funding received from the American Rescue Plan Act (ARPA), and
WHEREAS, due to the ARPA funding having a deadline for the expenditure of funds by Winter 2025, the County’s design efforts are underway for Areas 10 and 24, and WHEREAS, to increase efficiency, minimize disruption, and ensure both City and County projects are completed on time and compatible during construction, the City and County have agreed to collaborate on the design and construction efforts in the Parklawn and Bret Harte neighborhoods, and
WHEREAS, this collaboration includes partnering with the County’s design engineer for the preparation of construction documents, and WHEREAS, the final bid documents will include both the County’s infrastructure improvements and the City’s water system improvements, and #14..
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2 WHEREAS, the Memorandum of Understanding will stipulate the roles and responsibilities of each party for the design and construction of the project, along with the reimbursement requirements of costs associated with the amendment to the County’s current Engineering Services Agreement with Michael Baker International and their subconsultant Carollo Engineers to expand the scope of work to include the City’s the water system improvements.
NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Modesto that it hereby approves a Memorandum of Understanding regarding the reimbursement of costs related to the South Modesto Area Strengthen & Replace Water Mains Project between the City of Modesto and Stanislaus County in an amount not to exceed $12,699,454.
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. #14..
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3 The foregoing resolution was introduced at a regular meeting of the Council of the City of Modesto held on the 12th day of March, 2024, by Councilmember ?, who moved its adoption, which motion being duly seconded by Councilmember ?, was upon roll call carried and the resolution adopted by the following vote:
AYES: Councilmembers:
NOES: Councilmembers:
ABSENT: Councilmembers:
ATTEST: _____________________________________
DIANE NAYARES-PEREZ, City Clerk
(SEAL)
APPROVED AS TO FORM:
BY: ____________________________________
JOSE M. SANCHEZ, City Attorney
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1 2024-
MODESTO CITY COUNCIL
RESOLUTION NO. 2024-
RESOLUTION AMENDING THE FISCAL YEAR 2023-24 CAPITAL
IMPROVEMENT PROGRAM BUDGET IN THE AMOUNT OF $13,889,454 TO
BE TRANSFERRED INTO THE PROJECT FROM WATER FUND RESERVES
TO FUND THE SOUTH MODESTO AREA STRENGTHEN & REPLACE
WATER MAINS PROJECT AND AUTHORIZING THE CITY MANAGER, OR
HIS DESIGNEE, TO IMPLEMENT THE PROVISIONS OF THE RESOLUTION WHEREAS, certain budgetary transactions are necessary in the amount of $13,889,454, in order to fund the South Modesto Area Strengthen & Replace Water Mains 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 $13,889,454.
BE IT FURTHER RESOLVED that the City Manager, or his designee, is hereby authorized to implement the provisions of this resolution. #14..
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2 2024-
The foregoing resolution was introduced at a regular meeting of the Council of the City of Modesto held on the 12th day of March 2024, by Councilmember ?, who moved its adoption, which motion being duly seconded by Councilmember ?, was upon roll call carried and the resolution adopted by the following vote:
AYES: Councilmembers:
NOES: Councilmembers:
ABSENT: Councilmembers:
ATTEST:
DIANE NAYARES-PEREZ, City Clerk
(SEAL)
APPROVED AS TO FORM:
BY: ____________________________________
JOSE M. SANCHEZ, City Attorney
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MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF MODESTO AND
THE COUNTY OF STANISLAUS REGARDING REIMBURSEMENT OF COSTS
RELATED TO SOUTH MODESTO AREA WATER STRENGTHEN & REPLACE
WATER MAINS PROJECT
This MEMORANDUM OF UNDERSTANDING (“MOU”) is entered into March 12, 2024 (the “Effective Date”) between the County of Stanislaus (hereinafter referred to as “County”) and the City of Modesto (hereinafter referred to as “City”).
WHEREAS, Stanislaus County has received funding though the American Rescue Plan Act of 2021 (ARPA) that will be used to deliver projects that improve infrastructure with respect to health and safety; and
WHEREAS, the City and County are collaborating regarding improvements to the infrastructure in the Area 10 – Bret Harte and Area 24 – Parklawn Communities (Bret Harte/Parklawn Communities) (“Improvement Project”); and WHEREAS, the County has retained a professional engineering firm, MICHAEL BAKER INTERNATIONAL (the “Consultant”), to provide design services related to the Improvement Project; and
WHEREAS, the City desires to design and construct certain related improvements to the City’s water system infrastructure (the “City Project”) as part of and within the same limits of the Improvement Project; and
WHEREAS, in order to increase efficiency, minimize disruption and ensure the City Project and Improvement Project are compatible, the City desires to have the Consultant provide design engineering services for the City Project before and during construction thereof; and
WHEREAS, the County and City wish to enter into this Memorandum of Understanding (MOU) to clearly identify the roles and responsibilities of each party as they relate to professional services to be provided by the Consultant, including payment of all costs incurred.
NOW THEREFORE, the County and City agree as follows:
ARTICLE I
PARTY RESPONSIBILITIES
1. The above Recitals are made a part of this Agreement as if they were set forth herein.
2. The County has enter into a professional services agreement with the Consultant for the delivery of specified engineering services for the Improvement Project, which shall also include the City Project. The scope of work for the City Project is attached hereto as Exhibit A and incorporated herein.
3. County, City and Consultant agree that Consultant shall retain Carollo Engineers, Inc. (the “City’s Engineer”) as a subconsultant to provide the design services for the City Project. The parties agree that City’s Engineer:
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Memorandum of Understanding
2 a. In providing opinions of schedules and quantity and/or quality estimates for the City Project, City’s Engineer has no control over time or quality of performance of third parties; quality, type, management, or direction of operating personnel; the incoming water quality and/or quantity; the way the City’s plant(s) and/or associated processes are operated and/or maintained; and other economic and operational factors that may materially affect the ultimate project elements, including, but not limited to, schedule. Therefore, City’s Engineer makes no warranty that the City’s actual schedules and/or quantities or quality realized will not vary from City’s Engineer’s opinions, analyses, projections, or estimates. As to cost estimates related to the City Project, notwithstanding the language in Consultant’s contract with the County, City’s Engineer’s redesign efforts are specifically limited to: 1) reduction of main sizes, 2) changes in materials, or 3) the elimination of segments of pipe or valves/appurtenances. City’s Engineer shall not be required to redesign at no cost in the event of alignment changes. b. City’s Engineer is not responsible for damage or delay in performance caused by event beyond the reasonable control of City’s Engineer. In the event City’s Engineer’s services are suspended, delayed or interrupted for the convenience of the City or delays occur beyond the reasonable control of City’s Engineer, an equitable adjustment in City’s Engineer’s time of performance and cost of City’s Engineer’s personnel and subcontractors may be made.
4. The City will be responsible for the cost of the Consultant’s engineering services for the City Project as specified in Exhibit B, attached hereto, and incorporated herein.
The City will also reimburse the County for County staff time and/or County consultant time related to coordination and review time for the City Project design documents, along with any construction administration efforts related to the construction of the City water facility. The maximum amount payable by the City under this MOU shall not exceed Twelve Million Six Hundred Ninety-Nine Thousand Four Hundred Fifty-Four and 00/100 Dollars ($12,699,454).
5. The County will provide all invoices received from the Consultant with costs payable by the City to be reviewed by the City and for approval. The City shall pay the County for all undisputed invoices within thirty (30) days. The County shall be responsible for paying all invoices from the Consultant in accordance with the terms and conditions of the agreement between the County and Consultant.
6. The County agrees to direct the Consultant to stop all work related to the City Project if requested by the City in its sole discretion.
7. Both the County and City shall adhere to applicable federal and state laws, regulations, and guidelines.
8. Scope of Work. The Parties agree that the construction of the Project improvements will conform to the plans and specifications approved by the County and the City. County will be the official Engineering Manager for this project. However, the Parties will jointly inspect the construction of the Project.
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Memorandum of Understanding
3 9. County’s Responsibilities. Upon completion of final design, the County will advertise the Project, conduct bid opening, award construction contract, and manage construction of project improvements.
10. City’s Responsibilities. City will inspect the Project’s water system improvements during construction for conformance with the plans and specifications and for conformance with City standards. The scope of City’s services consists of:
a. During the design phase, the City will review Project plans and specifications for the water system improvements. The City shall facilitate Project’s design by ensuring the proposed City water improvements do not conflict with proposed County project improvements. City will prepare and process all CEQA related documents for environmental clearance of the water line related improvements. b. Construction Inspection: City and County shall jointly inspect the construction of project improvements. City’s inspections will focus on the construction of the Water System and associated facilities.
c. Construction Costs: The County will administer the construction contract. The County will provide all water system related bid item invoices to the City for payment. The City shall pay all undisputed invoices within (30) days. Both the County and the City will be required to approve all water related contract change orders. d. In no instance shall the City’s water improvements delay the County improvements and cause loss of American Rescue Plan Act (ARPA) funding to the County. If the subconsultant does not perform or is delayed in preparing the water line design, the County will move forward with the delivery of the ARPA related improvements as to ensure no loss of funding to the County. Additionally, the County has the right to end the construction contract at any point if the water related improvements are delaying the completion of the construction phase and ARPA funding is at risk. e. The City will plan and coordinate with private landowners for all onsite water related improvements.
ARTICLE II
GENERAL PROVISIONS
1. This MOU, including attachments, shall form the entire agreement and understanding between County and City. Except as provided in Article VII hereof, no other written or verbal statements, shall be binding upon the parties or construed as modifying this MOU in any way.
2. The governing law of this MOU shall be the law of the State of California. The parties agree that the County is the sole proper venue for the litigation of any and all disputes arising out of or relating to this MOU.
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Memorandum of Understanding
4 3. Communications to the County shall be directed to:
David Leamon
Director
Department of Public Works
1716 Morgan Road
Modesto, CA 95358
Communications to the City shall be directed to:
Will Wong
Director of Utilities
City of Modesto
1010 Tenth Street, Suite 4600
Modesto, CA 95353
ARTICLE III
TERM
The term of this MOU shall be from the Effective Date until all work to be conducted by the Consultant related to the City Project has been conducted and all costs incurred paid.
ARTICLE IV
INDEPENDENT CONTRACTOR STATUS
This MOU is by and between two independent parties and is not intended to and shall not be construed to create the relationship of employer, employee, partnership, agent, servant, or joint venture with City or any persons employed by City including subcontractors or employees thereof. The City and County shall control the manner and means of accomplishing the performance of the MOU.
ARTICLE VI
INDEMNIFICATION
Neither party, nor any of its officers or employees, shall be responsible for any damage or liability occurring by reason of any act or failure to act by the other party under or in connection with any work delegated to that party under this MOU. The parties further agree, pursuant to Governmental Code Section 895.4, that each party shall fully indemnify and hold harmless the other party and its agents, officers, employees, and contractors from and against all claims, damages, losses, judgments, liabilities, expenses and other costs, including litigation costs and attorney fees, arising out of, resulting from, or in connection with any work delegated to or action taken or omitted to be taken by such party under this MOU.
ARTICLE VII
MODIFICATIONS
Specific activities outlined in this MOU may be modified in keeping with established Program regulations and guidelines by written consent of all parties involved. #14..
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Memorandum of Understanding
5 ARTICLE VIII
DISPUTES
The parties may pursue their respective remedies at law or equity for any claim, controversy, or dispute relating to this MOU.
ARTICLE IX
NON-ASSIGNMENT
Neither party shall assign, transfer, or further subcontract this MOU, in whole or in part, without prior written approval of the other.
ARTICLE X
SEVERABILITY AND SURVIVAL
If any of the provisions herein are held for any reason to be invalid, illegal, or unenforceable in any respect, such invalidity, illegality, or unenforceability will not affect any other provision, and this MOU will be construed as valid, legal, and enforceable in all other respects.
ARTICLE XI
TERMINATION
1. Each party retains the right to terminate this MOU without cause upon thirty (30) days advance notice to the other. Each party retains the right to terminate this MOU due to a breach of the MOU by the other party, after providing notice and a reasonable opportunity to cure to the breaching party.
2. After termination, the City shall remain responsible for the payment of any outstanding cost share for work already performed by County staff and the Consultant for the benefit of the City.
ARTICLE XII
ENTIRE DOCUMENT
This MOU represents the entire agreement between the parties and supersedes all prior agreements and understandings.
[ signatures appear on following page]
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Memorandum of Understanding
6 IN WITNESS WHEREOF, the parties have caused this MOU to be executed by their duly authorized representatives, as follows:
COUNTY OF STANISLAUS CITY OF MODESTO
A political subdivision of the
State of California
By: _____________________________ By: _____________________________ Jody Hayes Joseph Lopez
Chief Executive Officer City Manager
ATTEST: ATTEST:
By: _____________________________ By: _____________________________ Elizabeth King Diane Nayares-Perez
Clerk of the Board of Supervisors City Clerk
Of the County of Stanislaus,
State of California
APPROVED AS TO CONTENT: APPROVED AS TO CONTENT:
Department of Public Works Utilities Department
By: _____________________________ By: ____________________________ David Leamon, Director William Wong, Director
APPROVED AS TO FORM: APPROVED AS TO FORM:
Thomas Boze
County Counsel
By: _____________________________ By: ____________________________ Donya Nunes Jose M. Sanchez
Assistant County Counsel City Attorney
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500 Ygnacio Valley Rd, Suite 300 | Walnut Creek, CA 94596 | Office: 925.408.1856 | Fax: 925.906.1465 | mbakerintl.com Attendance at the pre-construction meeting (1 each for Area 10 and Area 24) Site visits during construction (4 each for Area 10 and Area 24) Change order review. If required, supplemental drawings and specifications will be prepared for the change order response. (2 each for Area 10 and Area 24) Preparation of addendums (2 each for Area 10 and Area 24) Responses to contractor RFI’s during construction (5 each for Area 10 and Area 24) Reviews of contractor submittals (5 each for Area 10 and Area 24) Attendance of final acceptance job walk as scheduled by the County and note final items required for project completion (1 each for Area 10 and Area 24) Task 8.2 As Built Preparation
Michael Baker will prepare as-built drawings in AutoCAD format based on redline markups provided by the County.
16. Task 9 Strengthen and Replace Water Mains
Carollo Engineering, as a subconsultant to Michael Baker, will perform the design of the water main replacement.
The scope included in this task is intended to replace and upgrade approximately 42,500 LF of water mains in the Parklawn and Bret Harte neighborhoods. See attached Attachment B for the locations included in this scope. The existing water mains in this area are old, undersized steel mains, which are prone to leaks and low pressures. The scope of work will include the replacement of the existing systems with City standard water mains, valves, fittings, service laterals, and fire hydrants to improve system reliability, flows and pressures. The intent of including in this scope is to have the water improvements constructed before the Urban Pocket Improvements listed in previous scope items.
Task 9.1 Project Management
This task includes project management, communication, and meetings with County and City related to the water main work. Scope assumes time for an in-person kick-off meeting, inperson 60% design review meeting, and virtual monthly conference calls.
Task 9.2 Public Outreach
This task includes coordination with public outreach team (NBS) to incorporate water main technical elements, and attendance of three public outreach meetings by the technical water main lead designer at Carollo.
Task 9.3 Survey
Potholing surveys will be needed in both areas to locate existing facilities for the design of the water main improvements. Additionally, In Area 10 – Bret Harte, topographic surveys will
EXHIBIT A
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500 Ygnacio Valley Rd, Suite 300 | Walnut Creek, CA 94596 | Office: 925.408.1856 | Fax: 925.906.1465 | mbakerintl.com need to be performed for the portions of the water main project that fall outside of the existing survey collected for the Urban Pockets project, listed below:
Vermouth Way
Grenache Ave
Moselle Ct
Grenache Ct
Seattle Street north of Amador Ave
The survey will include the following tasks:
Potholing Surveys: Northstar Engineering Group (Northstar), as a subconsultant to Michael Baker, will provide field surveys to as-built existing utilities potholed to facilitate design of the water main design. This scope assumes 50 locations for Area 10 and 50 locations for Area 24.
Record Data Search: Northstar will perform research of relevant land and survey records at the County to locate all necessary survey and land ownership records required to complete the field survey, and for analysis, determination, and delineation of the existing land net.
Research will be limited to public information. The team will create a survey monument search map for use during the land net survey.
Control and Topographic Surveys: The team will provide design control and Right-of-Way Mapping for the projects. They will set horizontal and vertical control points for project mapping in accordance with County horizontal and vertical control requirements. All surveying and mapping shall be in compliance with the provisions of the Professional Land Surveyors Act, Sections 8700 to 8805 Business and Professions Code; the provisions of the California Coordinate System, Sections 8801 to 8819 of the Public Resources Code; and any other applicable code in the State of California. The horizontal datum will be based on the North American Datum 1983 (NAD 83), California State Plane Coordinates, Zone 3 and will be based on the nearest control. The vertical datum shall be based on the nearest existing Benchmarks with a reference elevation based on the North American Vertical Datum of 1988 (NAVD88) and closed network bench loops will be run through the site control monuments.
This scope does not include control set for aerial mapping products.
Northstar will perform Topography Field Surveys, processing and adjusting data, and create Design Project File, required to perform a Topographic Survey for delivery to Design. Upon completion of record survey control and upon completion of record right-of-way and survey monument location calculations, the team will verify the physical existence of the monumented control points and, if necessary, re-establish such control points and additional control points required for the Design Surveys. Northstar will perform detailed Field Surveys of the existing roadway corridors, physical improvements, visible utilities, and drainage features as necessary for the project designs. Conventional Surveys will be performed to cross
EXHIBIT A
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500 Ygnacio Valley Rd, Suite 300 | Walnut Creek, CA 94596 | Office: 925.408.1856 | Fax: 925.906.1465 | mbakerintl.com section and to survey tie-in points to ensure an accurate design and smooth transitions for the surface improvements and conforms. All work and files will be based on project coordinate control in accordance with City requirements for the preparation of documents and maps.
Conventional Surveys will be performed to collect and verify the existing surface elevations for the conform lines. A Control and Topographic Survey Plan depicting existing visible improvements and utilities will be prepared and delivered in an AutoCAD 2020 digital format.
Northstar will complete Design Surveys including:
Existing pavement and utilities located within the project limits; Existing pavement profile;
Existing ground elevations;
Drainage features, as necessary, within the project limits; Physical improvements located within the project limits; Visible utilities located within the project limits;
Existing road crossings and intersections;
Lines of occupation including fences, structures, and apparent encroachments; Utility paint marks painted by USA;
Geotechnical boring locations.
The Survey data will be processed and rendered into a Digital Terrain Model (DTM) and CAD base map. The CAD map shall exhibit 1-foot contours, spot elevations, all pertinent surface features, tree measurements, and utilities.
Land Net Surveys: Northstar will prepare a land net map to depict the condition of existing property ownership boundaries, lines, and monuments based on record information. Effort entails compiling record maps to delineate a single land net that encompasses the whole project. The land net map will be developed in a CADD drawing file and delineate existing property. This task does not include calculations or delineation of new parcels or ownership lines and does not include a resolved land net based on field measurements and review of preliminary title reports. Parcel lines will be shown as delineated on the County’s assessor parcel maps or as shown on record subdivision maps, parcel maps, corner records, and record of survey maps. Northstar will perform field surveys to search and locate existing survey monuments and physical evidence required to establish existing rights-of-way and property lines at those locations where any portion of the project infringes upon the required setback limits or lies within 50 feet of project improvements, work areas, storage, and staging areas.
We will perform calculations for the right-of-way based on the found monumentation and lines of occupation located with the field survey.
Task 9.4 Utility Coordination
O’Dell Engineering, as a subconsultant to Michael Baker, will provide utility coordination to facilitate the design and construction of the water mains. The task will include the following:
EXHIBIT A
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500 Ygnacio Valley Rd, Suite 300 | Walnut Creek, CA 94596 | Office: 925.408.1856 | Fax: 925.906.1465 | mbakerintl.com Potholing: The Michael Baker Team will engage a third-party vendor to perform utility potholing in each area. This scope assumes 50 locations for Area 10 and 50 locations for Area
24. The scope of work will include the following:
Mark out boundaries, notify USA and coordinate with utilities Obtain permits (excludes permit fees and bonds)
Implement traffic control
Vacuum excavate potholes (standard 1’x1’) to confirm underground utilities Backfill with Class II in pavement and native material in dirt Repair asphalt with cold permanent patch (in pothole size) Dry Utility Coordination: In Area 10 – Bret Harte, data collection will be needed for the portions of the water main project that fall outside of the existing utility information collected for the Urban Pockets project, listed below:
Vermouth Way
Grenache Ave
Moselle Ct
Grenache Ct
Seattle Street north of Amador Ave
The Michael Baker team will provide the following dry utility coordination:
Data Collection
Utility Company Identification – Confirm all Utility Companies who may have facilities in the project area.
Preliminary Utility Company Notification
o Prepare vicinity maps delineating the areas of proposed improvements. o Prepare Letter “A” Notification of Intent to construct the proposed improvements with a request for Record Utility Mapping information.
Utility Conflict Resolution Coordination
O’Dell Engineering will use the Utility plans prepared by Michael Baker and the team will identify Utility Company facilities that may conflict with the proposed improvements. Exhibits will be prepared that show potential utility conflicts based upon horizontal information only. O’Dell will prepare Letter “B” notification of conflicts with a request that the Utility consider and prepare for relocation of conflicted facilities.
Task 9.4 Deliverables:
Horizontal and vertical locations of utilities potholed referenced to existing infrastructure (PDF), assuming 50 each per pocket.
EXHIBIT A
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500 Ygnacio Valley Rd, Suite 300 | Walnut Creek, CA 94596 | Office: 925.408.1856 | Fax: 925.906.1465 | mbakerintl.com Letter “A” notification of intent and request for record utility mapping information, emailed to utility companies (PDF)
Letter “B” notification of conflicts and required relocations, emailed to utility companies (PDF)
Task 9.5 Geotechnical Assessment
Crawford, as a subconsultant to Michael Baker, will provide Geotechnical Engineering services for the water main replacement project based on the scope of services below:
Coordination, Field Preparation, Permitting:
Review available project site information/data.
Visit the site to mark proposed exploration locations for USA North 811-member clearance.
Schedule fieldwork.
Obtain County well/boring permits and encroachment permits, as needed.
Subsurface Exploration: To assess the subsurface soil and ground water conditions along the proposed pipeline alignment and in the structure locations, Crawford will drill, log, and sample 8 to 10 test borings in the Parklawn Neighborhood and 10 to 12 test borings in the Bret Harte neighborhood. Test borings will generally terminate to depths ranging from 10 to 15 ft below existing grade for the proposed water main pipelines.
Our Engineer/Geologist will direct the sampling and log the borings. At a minimum, we will sample at 5-foot intervals. We will deliver the samples to an independent laboratory for testing. The drilling contractor will advance the borings with a rubber-tired, truck-mounted drill rig using 6 to 8-inch-diameter hollow and/or solid stem augers. Standard Penetration Testing (SPT) and California Modified sampling will be performed within the borings to obtain samples and blow count information. Most of the borings will be completed in the unpaved shoulders; however, some borings will be completed within the paved roadways.
Laboratory Testing and Geotechnical Report:
Crawford will prepare a Geotechnical Report for the water main work, one per pocket, including the following:
Project description
Subsurface soil and groundwater conditions
Existing pavement section thicknesses
Laboratory test results
CBC Seismic Design parameters (likely a site class D and assuming no site-specific analyses will be required)
Key Geotechnical Considerations;
EXHIBIT A
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500 Ygnacio Valley Rd, Suite 300 | Walnut Creek, CA 94596 | Office: 925.408.1856 | Fax: 925.906.1465 | mbakerintl.com Geotechnical recommendations for flexible pipeline design and construction including trench excavatability, stability, backfill unit weight, soil modulus, E’, OSHA soil types, backfill, pipe support, groundwater considerations, and skin friction and passive resistance for thrust restraint design.
Geotechnical recommendations for trenchless crossing including minimum install depth, soil type/conditions, excavation stability, dewatering considerations (if needed), soil lateral pressure, bottom support, and backfill. Construction considerations
Risk management and limitations
Vicinity Map.
Geologic Map.
Fault Map.
Site Plan with boring locations.
Boring logs with laboratory test results.
Task 9.5 Deliverables:
Geotechnical Report for Water Main Replacement in Area 10 (PDF) (Draft and Final) Geotechnical Report for Water Main Replacement in Area 24 (PDF) (Draft and Final) Task 9.6 Permitting
This task includes engineering effort to support permitting and reporting efforts for the Project. Coordination with the City, County, and TID staff are assumed under this task.
Up to 40 hours each in Area 10 and 24 are assumed under this task to support the City and County. It is assumed that all permitting will be led by the City of Modesto.
Task 9.7 Environmental
This task includes engineering effort to support the environmental permitting efforts for the water main portion of the project. It is assumed that the environmental documentation necessary for the addition of the water mains portion of the project will be led by the City and is not covered in this scope. Up to 20 hours each in Area 10 and 24 are assumed under this task to support the City and County. It is assumed that all permitting will be led by the City of Modesto.
Task 9.8 60% PS&E
Carollo Engineering, as a sub to Michael Baker, will prepare a 60% design submittal for water system improvements consisting of plans, technical specifications, and cost estimate.
The PS&E documents will be combined with the Urban Pockets submittals to the County.
Task 9.8 Deliverables:
Draft 60% Plans, Technical Specifications, and Estimate for water system improvements (PDF)
EXHIBIT A
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500 Ygnacio Valley Rd, Suite 300 | Walnut Creek, CA 94596 | Office: 925.408.1856 | Fax: 925.906.1465 | mbakerintl.com Task 9.9 100% PS&E
Following the 60% design review meeting and receipt of all comments from the County, and City, the Michael Baker Team will prepare a draft 100% PS&E submittal, for County and City review.
Following resolution of comments on the 100% Draft submittal, the Michael Baker Team will submit sealed bid set plans and technical specifications (final 100% submittal) to the County.
Task 9.9 Deliverables:
Responses to 60% PS&E Comments for water system improvements (PDF) Draft 100% Plans, Technical Specifications, and Estimate for water system improvements (PDF)
Responses to 100% Draft PS&E Comments for water system improvements (PDF) 100% (Sealed Bid Set) Plans, Technical Specifications, and Estimate for water system improvements (PDF)
Task 9.10 Bidding Assistance, Submittal Reviews, and RFI Responses The Michael Baker team will provide assistance associated with the water main portion of the work during the advertising and bidding phase. Assistance will involve providing clarification or answering questions received from prospective bidders, and assistance in preparing addendum, responding to contractor RFI’s, and reviewing contractor submittals, if necessary.
County will be responsible for receiving all inquiries and providing all responses to questions received during the bidding period.
This scope includes the following tasks:
Attendance of the water main technical designer at the pre-bid meeting to address technical questions (1 each for Area 10 and Area 24)
Attendance of the water main technical designer at the pre-construction meeting (1 each for Area 10 and Area 24)
Site visits of the water main technical designer during construction (4 each for Area 10 and Area 24)
Change order review related to the water system. If required, supplemental drawings and specifications will be prepared for the change order response. (2 each for Area 10 and Area 24)
Preparation of addendums associated with water main design (2 each for Area 10 and Area 24)
Responses to contractor RFI’s associated with water main design during construction (20 each for Area 10 and Area 24)
Reviews of contractor submittals associated with water main design (20 each for Area 10 and Area 24)
EXHIBIT A
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500 Ygnacio Valley Rd, Suite 300 | Walnut Creek, CA 94596 | Office: 925.408.1856 | Fax: 925.906.1465 | mbakerintl.com Attendance of final acceptance job walk as scheduled by the County and note final items required for project completion (1 each for Area 10 and Area 24) Task 9.11 As Built Preparation
Michael Baker will prepare as-built drawings associated with the water main project in AutoCAD format based on redline markups provided by the County.
Assumptions and Exclusions
The assumptions and exclusions from the original scope still apply, with the following additions:
1. It is assumed that any environmental documentation necessary as a result of the addition of scope will be provided by others and will not be part of this contract.
2. All water main improvements will be designed in accordance with City of Modesto Standards
3. New water mains will be designed to be offset from existing water mains; existing mains will be abandoned in place following commissioning of new mains.
4. Cathodic protection design is excluded from this scope.
5. Hydraulic modeling is excluded from this scope.
6. Two trenchless borings under Turlock Irrigation District (TID) canals will be required in the Bret Harte area.
7. Required access for field investigations will be provided by others.
8. Traffic control for field investigations will consist of both shoulder work with signs and cones and temporary lane closures with flaggers.
9. Drilling/explorations within existing pavement will be backfilled with dyed black concrete.
Patching the pavement with Hot Mix Asphalt is beyond the scope of this proposal.
10. Site specific seismic hazard analysis will not be completed.
Thank you for this opportunity, we look forward to progressing this important project for the County.
Sincerely,
Sofia Landis, Project Manager
Attachments:
A. Project Maps showing Added Streets for Urban Pockets B. Project Map showing Streets included in Strengthen and Replace Water Mains Task C. Fee Proposal
EXHIBIT A
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500 Ygnacio Valley Rd, Suite 300 | Walnut Creek, CA 94596 | Office: 925.408.1856 | Fax: 925.906.1465 | mbakerintl.com Attachment A
Project Maps showing Added Streets for Urban Pockets
EXHIBIT A
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500 Ygnacio Valley Rd, Suite 300 | Walnut Creek, CA 94596 | Office: 925.408.1856 | Fax: 925.906.1465 | mbakerintl.com Bret Harte Area 10 Streets Selected for Improvement
EXHIBIT A
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500 Ygnacio Valley Rd, Suite 300 | Walnut Creek, CA 94596 | Office: 925.408.1856 | Fax: 925.906.1465 | mbakerintl.com Parklawn Area 24 Streets Selected for Improvement
EXHIBIT A
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500 Ygnacio Valley Rd, Suite 300 | Walnut Creek, CA 94596 | Office: 925.408.1856 | Fax: 925.906.1465 | mbakerintl.com Attachment B
Project Map showing Streets included in
Strengthen and Replace Water Mains Task
EXHIBIT A
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EXHIBIT A
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EXHIBIT A
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Urban Pockets and Communities' Infrastructure Improvement Project Additional Services Request - Michael Baker International Fee Proposal - Area 10
December 2023
Hours $346.93 Hours $228.35 Hours $147.15 Hours $125.94 Hours $238.25 Hours $136.16 Hours Fee Task 1 PROJECT MANAGEMENT 0 $0.00 40 $9,134.00 0 $0.00 0 $0.00 0 $0.00 16 $2,178.56 56 $11,312.56
1.1 Project Management and Adminstration $0.00 40 $9,134.00 $0.00 $0.00 $0.00 16 $2,178.56 56 $11,312.56 Task 3 LAND SURVEYING 0 $0.00 0 $0.00 10 $1,471.50 0 $0.00 8 $1,906.00 24 $3,267.84 42 $6,645.34
3.1 Record Data Search $0.00 $0.00 2 $294.30 $0.00 $0.00 $0.00 2 $294.30
3.2 Control and Supplemental Engineering Topo Survey $0.00 $0.00 4 $588.60 $0.00 4 $953.00 $0.00 8 $1,541.60
3.3 Land Net Surveys $0.00 $0.00 4 $588.60 $0.00 $0.00 $0.00 4 $588.603.8 Monument Preservation $0.00 $0.00 $0.00 $0.00 $0.00 12 $1,633.92 12 $1,633.92
3.9 Survey Control Sheet $0.00 $0.00 $0.00 $0.00 $0.00 4 $544.64 4 $544.64
3.10 Topo Survey for Added Street Locations w/ no LiDAR Information $0.00 $0.00 $0.00 $0.00 4 $953.00 8 $1,089.28 12 $2,042.28 Task 4 UTILITY DESIGN AND COORDINATION 0 $0.00 0 $0.00 0 $0.00 0 $0.00 0 $0.00 14 $1,906.24 14 $1,906.24
4.1 Data Collection $0.00 $0.00 $0.00 $0.00 $0.00 14 $1,906.24 14 $1,906.24 Task 5 GEOTECHNICAL AND PAVEMENT DESIGN SERVICES 0 $0.00 4 $913.40 20 $2,943.00 0 $0.00 0 $0.00 14 $1,906.24 38 $5,762.64
5.1 Pavement Assessment and Recommendations $0.00 2 $456.70 8 $1,177.20 $0.00 $0.00 6 $816.96 16 $2,450.865.2 Geotechnical Assessment $0.00 2 $456.70 12 $1,765.80 $0.00 $0.00 8 $1,089.28 22 $3,311.78 Task 6 Plans, Specifications, and Estimate (PS&E) 16 $5,550.88 60 $13,701.00 160 $23,544.00 120 $15,112.80 0 $0.00 220 $29,955.20 576 $87,863.88
6.3 60% Plans, Specs, and Estimate (PS&E) 16 $5,550.88 60 $13,701.00 160 $23,544.00 120 $15,112.80 $0.00 220 $29,955.20 576 $87,863.886.4 100% Plans, Specs, and Estimate (PS&E) $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 0 $0.00 Task 8 BIDDING AND CONSTRUCTION SUPPORT 0 $0.00 44 $10,047.40 480 $70,632.00 80 $10,075.20 0 $0.00 415 $56,506.40 1,019 $147,261.00
8.1 Bidding Assistance, Submittal Reviews, and RFI Responses $0.00 40 $9,134.00 280 $41,202.00 80 $10,075.20 $0.00 140 $19,062.40 540 $79,473.60
8.2 As-Built Preparation $0.00 4 $913.40 200 $29,430.00 $0.00 $0.00 275 $37,444.00 479 $67,787.40 Task 9 Strengthen and Replace Water Mains 0 $0.00 62 $14,157.70 104 $15,303.60 20 $2,518.80 4 $953.00 40 $5,446.40 230 $38,379.50
9.1 Project Management $0.00 24 $5,480.40 $0.00 $0.00 $0.00 16 $2,178.56 40 $7,658.96
9.2 Public Outreach $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 0 $0.00
9.3 Survey $0.00 $0.00 12 $1,765.80 $0.00 4 $953.00 8 $1,089.28 24 $3,808.08
9.4 Utility Coordination $0.00 $0.00 40 $5,886.00 20 $2,518.80 $0.00 $0.00 60 $8,404.80
9.5 Geotechnical Assessment $0.00 2 $456.70 16 $2,354.40 $0.00 $0.00 8 $1,089.28 26 $3,900.38
9.6 Permitting $0.00 8 $1,826.80 $0.00 $0.00 $0.00 4 $544.64 12 $2,371.44
9.7 Environmental $0.00 8 $1,826.80 $0.00 $0.00 $0.00 4 $544.64 12 $2,371.449.8 60% PS&E $0.00 4 $913.40 16 $2,354.40 $0.00 $0.00 $0.00 20 $3,267.80
9.9 100% PS&E $0.00 4 $913.40 16 $2,354.40 $0.00 $0.00 $0.00 20 $3,267.80
9.10 Bidding Assistance, Submittal Reviews, and RFI Responses $0.00 8 $1,826.80 $0.00 $0.00 $0.00 $0.00 8 $1,826.80
9.11 As-Built Preparation $0.00 4 $913.40 4 $588.60 $0.00 $0.00 $0.00 8 $1,502.00 16 210 774 220 12 743 1,975
$5,550.88 $47,953.50 $113,894.10 $27,706.80 $2,859.00 $101,166.88 $299,131.16 900 Michael Baker Reimbursables $1,500.00
16 $5,550.88 210 $47,953.50 774 $113,894.10 220 $27,706.80 12 $2,859.00 743 $101,166.88 1,975 $300,631.16 TASKS Eric Spangler Sofia Landis Jennifer Miller Alex Froning Aaron Morris Joe Drago Task Description
Total Design Hours
Sub-Total Labor Fee
Total Design Hours and Fee
Michael Baker
EXHIBIT B #14..
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Urban Pockets and Communities' Infrastructure Improvement Project Additional Services Request - Michael Baker International Fee Proposal - Area 10
December 2023
Task 1 PROJECT MANAGEMENT
1.1 Project Management and Adminstration
Task 3 LAND SURVEYING
3.1 Record Data Search3.2 Control and Supplemental Engineering Topo Survey3.3 Land Net Surveys3.8 Monument Preservation3.9 Survey Control Sheet
3.10 Topo Survey for Added Street Locations w/ no LiDAR Information Task 4 UTILITY DESIGN AND COORDINATION
4.1 Data Collection
Task 5 GEOTECHNICAL AND PAVEMENT DESIGN SERVICES
5.1 Pavement Assessment and Recommendations5.2 Geotechnical Assessment Task 6 Plans, Specifications, and Estimate (PS&E)
6.3 60% Plans, Specs, and Estimate (PS&E)6.4 100% Plans, Specs, and Estimate (PS&E) Task 8 BIDDING AND CONSTRUCTION SUPPORT
8.1 Bidding Assistance, Submittal Reviews, and RFI Responses8.2 As-Built Preparation Task 9 Strengthen and Replace Water Mains
9.1 Project Management9.2 Public Outreach9.3 Survey9.4 Utility Coordination9.5 Geotechnical Assessment9.6 Permitting9.7 Environmental9.8 60% PS&E9.9 100% PS&E
9.10 Bidding Assistance, Submittal Reviews, and RFI Responses9.11 As-Built Preparation 900 Michael Baker Reimbursables
TASKS
Task Description
Total Design Hours
Sub-Total Labor Fee
Total Design Hours and Fee
Fee Fee Fee Fee Fee Fee Fee Fee Fee Fee
$0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $11,312.56 $0.00 $11,312.56
$0.00 $0.00 $0.00 $0.00 $41,638.00 $0.00 $0.00 $0.00 $41,638.00 $48,283.34 $1,510.00 $1,510.00 $1,804.30
$11,620.00 $11,620.00 $13,161.60
$6,445.00 $6,445.00 $7,033.60
$8,586.00 $8,586.00 $10,219.92$2,354.00 $2,354.00 $2,898.64 $11,123.00 $11,123.00 $13,165.28
$0.00 $0.00 $0.00 $0.00 $0.00 $1,500.00 $0.00 $0.00 $1,500.00 $3,406.24 $1,500.00 $1,500.00 $3,406.24
$0.00 $67,220.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $67,220.00 $72,982.64 $24,978.00 $24,978.00 $27,428.86$42,242.00 $42,242.00 $45,553.78 $0.00 $0.00 $57,170.00 $0.00 $0.00 $0.00 $12,500.00 $0.00 $69,670.00 $157,533.88 $57,170.00 $8,000.00 $65,170.00 $153,033.88
$4,500.00 $4,500.00 $4,500.00
$0.00 $0.00 $26,016.00 $0.00 $0.00 $0.00 $0.00 $0.00 $26,016.00 $173,277.00 $17,714.00 $17,714.00 $97,187.60
$8,302.00 $8,302.00 $76,089.40
$0.00 $78,145.44 $0.00 $389,278.00 $32,383.00 $15,750.00 $0.00 $60,000.00 $575,556.44 $613,935.94 $15,724.00 $15,724.00 $23,382.96$10,916.00 $10,916.00 $10,916.00 $32,383.00 $32,383.00 $36,191.08
$2,660.00 $15,750.00 $60,000.00 $78,410.00 $86,814.80
$78,145.44 $78,145.44 $82,045.82
$11,100.00 $11,100.00 $13,471.44
$5,780.00 $5,780.00 $8,151.44
$119,908.00 $119,908.00 $123,175.80$113,576.00 $113,576.00 $116,843.80 $99,174.00 $99,174.00 $101,000.80
$10,440.00 $10,440.00 $11,942.00
$0.00 $145,365.44 $83,186.00 $389,278.00 $74,021.00 $17,250.00 $12,500.00 $60,000.00 $781,600.44 $1,080,731.60 $0.00 $1,500.00
$0.00 $145,365.44 $83,186.00 $389,278.00 $74,021.00 $17,250.00 $12,500.00 $60,000.00 $781,600.44 $1,082,231.60 Subconsultants
Subconsultants
Total
Michael Baker
VENDOR - TBD TEAM Total Crawford & Associates Blackwater Consulting Engineers Carollo Engineering NorthStar Engineering Group NBS O'Dell Engineerng TJKM
EXHIBIT B #14..
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Urban Pockets and Communities' Infrastructure Improvement Project Additional Services Request - Michael Baker International Fee Proposal - Area 24
December 2023
Hours $346.93 Hours $228.35 Hours $147.15 Hours $125.94 Hours $136.16 Hours Fee Task 1 PROJECT MANAGEMENT 0 $0.00 40 $9,134.00 0 $0.00 0 $0.00 16 $2,178.56 56 $11,312.56
1.1 Project Management and Adminstration $0.00 40 $9,134.00 $0.00 $0.00 16 $2,178.56 56 $11,312.56 Task 3 LAND SURVEYING 0 $0.00 0 $0.00 14 $2,060.10 0 $0.00 24 $3,267.84 42 $6,280.94
3.1 Record Data Search $0.00 $0.00 2 $294.30 $0.00 $0.00 2 $294.303.2 Control and Supplemental Engineering Topo Survey $0.00 $0.00 8 $1,177.20 $0.00 $0.00 12 $2,130.203.3 Land Net Surveys $0.00 $0.00 4 $588.60 $0.00 $0.00 4 $588.603.4 Pothole Surveys $0.00 $0.00 $0.00 $0.00 4 $544.64 4 $544.643.8 Monument Preservation $0.00 $0.00 $0.00 $0.00 16 $2,178.56 16 $2,178.563.9 Survey Control Sheet $0.00 $0.00 $0.00 $0.00 4 $544.64 4 $544.64 Task 4 UTILITY DESIGN AND COORDINATION 0 $0.00 0 $0.00 8 $1,177.20 0 $0.00 32 $4,357.12 40 $5,534.32
4.1 Data Collection $0.00 $0.00 $0.00 $0.00 16 $2,178.56 16 $2,178.564.3 Utility Potholing $0.00 $0.00 8 $1,177.20 $0.00 16 $2,178.56 24 $3,355.76 Task 5 GEOTECHNICAL AND PAVEMENT DESIGN SERVICES 0 $0.00 4 $913.40 20 $2,943.00 0 $0.00 18 $2,450.88 42 $6,307.28
5.1 Pavement Assessment and Recommendations $0.00 2 $456.70 8 $1,177.20 $0.00 6 $816.96 16 $2,450.865.2 Geotechnical Assessment $0.00 2 $456.70 12 $1,765.80 $0.00 12 $1,633.92 26 $3,856.42 Task 6 Plans, Specifications, and Estimate (PS&E) 60 $20,815.80 180 $41,103.00 558 $82,109.70 380 $47,857.20 760 $103,481.60 1,938 $295,367.30
6.3 60% Plans, Specs, and Estimate (PS&E) 40 $13,877.20 130 $29,685.50 410 $60,331.50 280 $35,263.20 560 $76,249.60 1,420 $215,407.00
6.4 100% Plans, Specs, and Estimate (PS&E) 20 $6,938.60 50 $11,417.50 148 $21,778.20 100 $12,594.00 200 $27,232.00 518 $79,960.30 Task 8 BIDDING AND CONSTRUCTION SUPPORT 0 $0.00 44 $10,047.40 455 $66,953.25 80 $10,075.20 315 $42,890.40 894 $129,966.25
8.1 Bidding Assistance, Submittal Reviews, and RFI Responses $0.00 40 $9,134.00 280 $41,202.00 80 $10,075.20 140 $19,062.40 540 $79,473.608.2 As-Built Preparation $0.00 4 $913.40 175 $25,751.25 $0.00 175 $23,828.00 354 $50,492.65 Task 9 Strengthen and Replace Water Mains 0 $0.00 62 $14,157.70 92 $13,537.80 20 $2,518.80 36 $4,901.76 210 $35,116.06
9.1 Project Management $0.00 24 $5,480.40 $0.00 $0.00 16 $2,178.56 40 $7,658.96
9.2 Public Outreach $0.00 $0.00 $0.00 $0.00 $0.00 0 $0.009.3 Survey $0.00 $0.00 8 $1,177.20 $0.00 4 $544.64 12 $1,721.849.4 Utility Coordination $0.00 $0.00 40 $5,886.00 20 $2,518.80 $0.00 60 $8,404.809.5 Geotechnical Assessment $0.00 2 $456.70 8 $1,177.20 $0.00 8 $1,089.28 18 $2,723.18
9.6 Permitting $0.00 8 $1,826.80 $0.00 $0.00 4 $544.64 12 $2,371.44
9.7 Environmental $0.00 8 $1,826.80 $0.00 $0.00 4 $544.64 12 $2,371.449.8 60% PS&E $0.00 4 $913.40 16 $2,354.40 $0.00 $0.00 20 $3,267.809.9 100% PS&E $0.00 4 $913.40 16 $2,354.40 $0.00 $0.00 20 $3,267.80
9.10 Bidding Assistance, Submittal Reviews, and RFI Responses $0.00 8 $1,826.80 $0.00 $0.00 $0.00 8 $1,826.809.11 As-Built Preparation $0.00 4 $913.40 4 $588.60 $0.00 $0.00 8 $1,502.00 60 330 1,147 480 1,201 3,222
$20,815.80 $75,355.50 $168,781.05 $60,451.20 $163,528.16 $489,884.71 900 Michael Baker Reimbursables $1,500.00
Total Design Hours and Fee 60 $20,815.80 330 $75,355.50 1,147 $168,781.05 480 $60,451.20 1,201 $163,528.16 3,222 $491,384.71 Task Description
Total Design Hours
Sub-Total Labor Fee
Alex Froning Michael Baker TASKS Eric Spangler Sofia Landis Jennifer Miller Joe Drago
EXHIBIT B #14..
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Urban Pockets and Communities' Infrastructure Improvement Project Additional Services Request - Michael Baker International Fee Proposal - Area 24
December 2023
Task 1 PROJECT MANAGEMENT
1.1 Project Management and Adminstration
Task 3 LAND SURVEYING
3.1 Record Data Search3.2 Control and Supplemental Engineering Topo Survey3.3 Land Net Surveys3.4 Pothole Surveys3.8 Monument Preservation3.9 Survey Control Sheet Task 4 UTILITY DESIGN AND COORDINATION
4.1 Data Collection4.3 Utility Potholing
Task 5 GEOTECHNICAL AND PAVEMENT DESIGN SERVICES
5.1 Pavement Assessment and Recommendations5.2 Geotechnical Assessment Task 6 Plans, Specifications, and Estimate (PS&E)
6.3 60% Plans, Specs, and Estimate (PS&E)6.4 100% Plans, Specs, and Estimate (PS&E) Task 8 BIDDING AND CONSTRUCTION SUPPORT
8.1 Bidding Assistance, Submittal Reviews, and RFI Responses8.2 As-Built Preparation Task 9 Strengthen and Replace Water Mains
9.1 Project Management9.2 Public Outreach9.3 Survey9.4 Utility Coordination9.5 Geotechnical Assessment9.6 Permitting9.7 Environmental9.8 60% PS&E9.9 100% PS&E
9.10 Bidding Assistance, Submittal Reviews, and RFI Responses9.11 As-Built Preparation 900 Michael Baker Reimbursables
Total Design Hours and Fee
Task Description
Total Design Hours
Sub-Total Labor Fee
TASKS
Fee Fee Fee Fee Fee Fee Fee Fee Fee Fee
$0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $11,312.56 $0.00 $11,312.56
$0.00 $0.00 $0.00 $0.00 $54,275.63 $0.00 $0.00 $0.00 $54,275.63 $60,556.57 $4,489.32 $4,489.32 $4,783.62
$12,856.08 $12,856.08 $14,986.28$12,396.56 $12,396.56 $12,985.16 $3,336.29 $3,336.29 $3,880.93
$19,129.70 $19,129.70 $21,308.26
$2,067.68 $2,067.68 $2,612.32
$0.00 $0.00 $0.00 $0.00 $0.00 $1,500.00 $0.00 $12,000.00 $13,500.00 $19,034.32 $1,500.00 $1,500.00 $3,678.56
$12,000.00 $12,000.00 $15,355.76
$0.00 $72,474.11 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $72,474.11 $78,781.39 $29,434.17 $29,434.17 $31,885.03$43,039.94 $43,039.94 $46,896.36 $0.00 $0.00 $78,340.00 $0.00 $0.00 $0.00 $26,879.00 $0.00 $105,219.00 $400,586.30 $51,356.00 $14,779.00 $66,135.00 $281,542.00$26,984.00 $12,100.00 $39,084.00 $119,044.30 $0.00 $0.00 $36,624.00 $0.00 $0.00 $0.00 $0.00 $0.00 $36,624.00 $166,590.25 $25,290.00 $25,290.00 $104,763.60$11,334.00 $11,334.00 $61,826.65 $0.00 $59,793.29 $0.00 $364,642.00 $6,926.00 $0.00 $0.00 $60,000.00 $491,361.29 $526,477.35 $15,724.00 $15,724.00 $23,382.96
$10,916.00 $10,916.00 $10,916.00
$6,926.00 $6,926.00 $8,647.84
$2,660.00 $60,000.00 $62,660.00 $71,064.80
$59,793.29 $59,793.29 $62,516.47
$11,100.00 $11,100.00 $13,471.44
$5,780.00 $5,780.00 $8,151.44
$106,936.00 $106,936.00 $110,203.80$101,912.00 $101,912.00 $105,179.80 $99,174.00 $99,174.00 $101,000.80$10,440.00 $10,440.00 $11,942.00 $0.00 $132,267.40 $114,964.00 $364,642.00 $61,201.63 $1,500.00 $26,879.00 $72,000.00 $773,454.03 $1,263,338.74 $0.00 $1,500.00
$0.00 $132,267.40 $114,964.00 $364,642.00 $61,201.63 $1,500.00 $26,879.00 $72,000.00 $773,454.03 $1,264,838.74 NBS
Crawford &
Associates
Blackwater
Consulting
Engineers
Carollo
Engineering
NorthStar
Engineering
Group
O'Dell Engineerng TJKM
Subconsultants
Subconsultants
Total
Michael Baker
VENDOR - TBD TEAM Total
EXHIBIT B #14..
- 317 -
CITY OF MODESTO
COUNCIL AGENDA REPORT
DATE OF MEETING:
March 12, 2024
Date: February 3, 2024
TO: Mayor and City Council
THROUGH: Joseph P. Lopez, City Manager
FROM: Brandon Gillespie, Chief of Police
SUBJECT: Non-Emergency Transport Application for Active Transport Medical Services, LLC CONTACT: Kalani Souza, Lieutenant, [email protected], 209-572-9500 DESCRIPTION:
Hearing to consider approving the Application and issuance of a Permit to operate as a NonEmergency Medical Transport Company to Active Transport Medical Services, LLC in the City of Modesto. (Funding Source: General Fund)
STRATEGIC PLAN ELEMENT:
This item is related to the 2020-2025 Strategic Plan Goal A by improving community safety and quality of life through a combination of prevention and intervention efforts that address safety and its underlying issues.
BACKGROUND:
The City of Modesto allows non-emergency medical transport companies to apply for a nonemergency transport permit. In addition to the application, the transport company is required to pay a filing fee of $1,000 and provide all the necessary documents and information as outlined in Modesto Municipal Code 3-9.01 to 3-9.20. Once the application, documentation, and necessary fees have been received by the Modesto Police Department (MPD), a background investigation must be completed by the department. Upon a successful completion of the background investigation, the application proceeds to a hearing before the City Council to determine whether the public convenience and necessity require the proposed service. The Council must grant the applicant a permit upon making the following findings:
(a) That the vehicles described in the application and proposed to be used are appropriate for the purpose of nonemergency transport;
(b) That the color scheme, insignia, name, monogram or other distinguishing characteristics proposed to be used upon such nonemergency transport vehicles is not in conflict with and do not imitate any color scheme, insignia, name, monogram or other distinguishing characteristics used by any other person, in such manner as to mislead or tend to mislead, deceive, or defraud the public;
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City Council, March 12, 2024
Non-Emergency Transport Application
(c) That the applicant is fit, willing and able to perform nonemergency transport service and to conform to the provisions of this chapter, and such rules and regulations as may be promulgated by the Council. In making such findings, the Council shall take into consideration the character, experience, and responsibility of the applicant; (d) That the proposed nonemergency transport service is required by the public convenience and necessity. In making such finding, the Council shall take into consideration the number of nonemergency transport vehicles already in operation, whether existing nonemergency transport service is adequate to meet public need, and the probable effect of increased nonemergency transport service on local traffic conditions; and
(e) None of the factors enumerated in Section 3-9.07 of the Modesto Municipal Code exist, such as misleading color schemes, disqualifying background factors, and proof of insurance.
After approval from Council has been provided, the permit will be issued by the Modesto Police Department.
Currently there are twelve permitted ambulance companies in Modesto to provide nonemergency transport: America West, Amwest Ambulance, Bay Medic Transportation, Citizens Medical Transport, Heavenly Medical Transport LLC, MacIntosh Transport LLC, Medics Plus, NorCal Ambulance, Provident Senior Solutions, Inc, Quality.
DISCUSSION:
Active Transport Medical Services LLC., has applied to operate a non-emergency medical transportation service in the City of Modesto. Active Transport Medical Services, LLC has paid the $1,000 filing fee to cover administrative, investigative, and other incidental costs associated with the application and have provided all necessary information as outlined in Sections 3-9.01 to 3-9.20 of the Modesto Municipal Code. Photos of the proposed vehicles are provided. They depict vehicles that are appropriate for their intended use, and the vehicle color and markings are not misleading. In reviewing the application and subsequent background, it appears the applicant can perform the proposed services, and these services benefit the public convenience and necessity based on the number of licensed providers currently operating in the city. There are no disqualifying factors at this time. The MPD concluded the required background investigation on Active Transport Medical Services, LLC indicating the applicant has complied with the requirements contained in the Modesto Municipal Code 3-9.01 through 3-9.20 and recommended to staff to proceed with Council approval to issue the operational permit.
FISCAL IMPACT:
Active Transport Medical Services, LLC will be required to obtain a City Business license and renew it annually – which currently costs $75 and includes a $4 fee to the State of California for Disability Act AB1379. Additionally, Active Transport Medical Services, LLC will be required to pay mill tax, which is currently at a rate of 0.002, on their gross receipts while operating in the city. Fees and mill tax paid to the City are revenue to the General Fund. #15..
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City Council, March 12, 2024
Non-Emergency Transport Application
COMMITTEE RECOMMENDATION:
This was presented to the Safety & Communities Committee on January 22, 2024 and was recommended to forward to City Council for approval.
RECOMMENDED COUNCIL ACTION:
Staff Recommendations:
Resolution approving the Application and issuance of a Permit to operate as a Non-Emergency Medical Transport Company to Active Transport Medical Services, LLC in the City of Modesto.
Approved by:
Brandon Gillespie, Chief of Police
Joseph P. Lopez, City Manager
Attachments:
1. Resolution
#15..
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MODESTO CITY COUNCIL
RESOLUTION NO. 2024-XX
RESOLUTION APPROVING THE APPLICATION AND ISSUANCE OF A
PERMIT TO OPERATE AS A NON-EMERGENCY MEDICAL TRANSPORT
COMPANY TO ACTIVE TRANSPORT MEDICAL SERVICES, LLC IN THE
CITY OF MODESTO
WHEREAS, Active Transport Medical Services, LLC, has submitted an application to provide non-emergency medical transport services within the City of Modesto; and
WHEREAS, the City allows non-emergency medical transport companies to apply for a non-emergency transport permit. In addition to the application, the transport company is required to pay a filing fee of $1,000 and provide all the necessary documents and information as outlined in Modesto Municipal Code 3-
9.01 to 3-9.20; and
WHEREAS, the Modesto Police Department has completed background investigations regarding Active Transport Medical Services, LLC, per Modesto Municipal Code Section 3-9.05; and
WHEREAS, Council approval is required for Active Transport Medical Services, LLC to function as a non-emergency medical transport service provider within the City of Modesto; and
WHEREAS, a duly noticed public hearing was held by the City Council of the City of Modesto on March 12, 2024, at 5:30 p.m. in the Tenth Street Place Chambers located at 1010 Tenth Street, Modesto, California, to consider authorizing the issuance of a permit to Active Transport Medical Services, LLC, for a non-emergency medical transport service within the City of Modesto; and #15..
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WHEREAS, Council finds that Active Transport Medical Services, LLC will serve the public convenience and necessity requirements.
NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Modesto that it hereby approves the application of Active Transport Medical Services, LLC, and issues Active Transport Medical Services, LLC, a permit to operate as a non-emergency medical transport company in the City of Modesto.
The foregoing resolution was introduced in a regular meeting of the Council of the City of Modesto held on the 12th day of March, 2024, by Councilmember ________, who moved its adoption, which motion being duly seconded by Councilmember ______, was upon roll call carried and the resolution adopted by the following vote:
AYES: Councilmembers:
NOES: Councilmembers:
ABSENT: Councilmembers:
ATTEST: _____________________________
DIANE NAYARES-PEREZ, City Clerk
(SEAL)
APPROVED AS TO FORM:
BY: _________________________________
JOSE M. SANCHEZ, City Attorney
#15..
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CITY OF MODESTO
COUNCIL AGENDA REPORT
DATE OF MEETING:
March 12, 2024
Date: February 3, 2024
TO: Mayor and City Council
THROUGH: Joseph P. Lopez, City Manager
FROM: Brandon Gillespie, Chief of Police
SUBJECT: Non-Emergency Transport Application for Remedy Medical Transportation CONTACT: Kalani Souza, Lieutenant, [email protected], 209-572-9500 DESCRIPTION:
Hearing to consider approving the Application and issuance of a Permit to operate as a NonEmergency Medical Transport Company to Remedy Medical Transportation in the City of Modesto. (Funding Source: General Fund)
STRATEGIC PLAN ELEMENT:
This item is related to the 2020-2025 Strategic Plan Goal A related to improving community safety and quality of life through a combination of prevention and intervention efforts that address safety and its underlying issues.
BACKGROUND:
The City of Modesto allows non-emergency medical transport companies to apply for a nonemergency transport permit. In addition to the application, the transport company is required to pay a filing fee of $1,000 and provide all the necessary documents and information as outlined in Modesto Municipal Code 3-9.01 to 3-9.20. Once the application, documentation, and necessary fees have been received by the Modesto Police Department (MPD), a background investigation must be completed by the department. Upon a successful completion of the background investigation, the application proceeds to a hearing before the City Council to determine whether the public convenience and necessity require the proposed service. The Council must grant the applicant a permit upon making the following findings:
(a) That the vehicles described in the application and proposed to be used are appropriate for the purpose of nonemergency transport;
(b) That the color scheme, insignia, name, monogram or other distinguishing characteristics proposed to be used upon such nonemergency transport vehicles is not in conflict with and do not imitate any color scheme, insignia, name, monogram or other distinguishing characteristics used by any other person, in such manner as to mislead or tend to mislead, deceive, or defraud the public;
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City Council, March 12, 2024
Non-Emergency Transport Application, Remedy Medical Transportation
(c) That the applicant is fit, willing and able to perform nonemergency transport service and to conform to the provisions of this chapter, and such rules and regulations as may be promulgated by the Council. In making such findings, the Council shall take into consideration the character, experience, and responsibility of the applicant; (d) That the proposed nonemergency transport service is required by the public convenience and necessity. In making such finding, the Council shall take into consideration the number of nonemergency transport vehicles already in operation, whether existing nonemergency transport service is adequate to meet public need, and the probable effect of increased nonemergency transport service on local traffic conditions; and
(e) None of the factors enumerated in Section 3-9.07 of the Modesto Municipal Code exist, such as misleading color schemes, disqualifying background factors, and proof of insurance.
After approval from Council has been provided, the permit will be issued by the Modesto Police Department.
Currently there are twelve permitted ambulance companies in Modesto to provide nonemergency transport: America West, Amwest Ambulance, Bay Medic Transportation, Citizens Medical Transport, Heavenly Medical Transport LLC, MacIntosh Transport LLC, Medics Plus, NorCal Ambulance, Provident Senior Solutions, Inc, Quality.
DISCUSSION:
Remedy Medical Transportation has applied to operate a non-emergency medical transportation service in the City of Modesto. Remedy Medical Transportation has paid the $1,000 filing fee to cover administrative, investigative, and other incidental costs associated with the application and have provided all necessary information as outlined in Sections 3-9.01 to 3-9.20 of the Modesto Municipal Code. Photos of the proposed vehicles are provided. They depict vehicles that are appropriate for their intended use, and the vehicle color and markings are not misleading. In reviewing the application and subsequent background, it appears the applicant can perform the proposed services, and these services benefit the public convenience and necessity based on the number of licensed providers currently operating in the city. There are no disqualifying factors at this time. The MPD concluded the required background investigation on Remedy Medical Transportation indicating the applicant has complied with the requirements contained in the Modesto Municipal Code 3-9.01 through 3-9.20 and recommended to staff to proceed with Council approval to issue the operational permit.
FISCAL IMPACT:
Remedy Medical Transportation will be required to obtain a City Business license and renew it annually – which currently costs $75 and includes a $4 fee to the State of California for Disability Act AB1379. Additionally, Remedy Medical Transportation will be required to pay mill tax, which is currently at a rate of 0.002, on their gross receipts while operating in the city. Fees and mill tax paid to the City are revenue to the General Fund. #16..
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City Council, March 12, 2024
Non-Emergency Transport Application, Remedy Medical Transportation
COMMITTEE RECOMMENDATION:
This was presented to the Safety & Communities Committee on January 22, 2024 and was recommended to forward to City Council for approval.
RECOMMENDED COUNCIL ACTION:
Staff Recommendations:
Resolution approving the Application and issuance of a Permit to operate as a Non-Emergency Medical Transport Company to Remedy Medical Transportation in the City of Modesto.
Approved by:
Brandon Gillespie, Chief of Police
Joseph P. Lopez, City Manager
Attachments:
1. Resolution
#16..
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MODESTO CITY COUNCIL
RESOLUTION NO. 2024-XX
RESOLUTION APPROVING THE APPLICATION AND ISSUANCE OF A
PERMIT TO OPERATE AS A NON-EMERGENCY MEDICAL TRANSPORT
COMPANY TO REMEDY MEDICAL TRANSPORTATION IN THE CITY OF
MODESTO
WHEREAS, Remedy Medical Transportation has submitted an application to provide non-emergency medical transport services within the City of Modesto; and
WHEREAS, the City allows non-emergency medical transport companies to apply for a non-emergency transport permit. In addition to the application, the transport company is required to pay a filing fee of $1,000 and provide all the necessary documents and information as outlined in Modesto Municipal Code 3-
9.01 to 3-9.20; and
WHEREAS, the Modesto Police Department has completed background investigations regarding Remedy Medical Transportation, per Modesto Municipal Code Section 3-9.05; and
WHEREAS, Council approval is required for Remedy Medical Transportation to function as a non-emergency medical transport service provider within the City of Modesto; and
WHEREAS, a duly noticed public hearing was held by the City Council of the City of Modesto on March 12, 2024, at 5:30 p.m. in the Tenth Street Place Chambers located at 1010 Tenth Street, Modesto, California, to consider authorizing the issuance of a permit to Remedy Medical Transportation for a nonemergency medical transport service within the City of Modesto; and #16..
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WHEREAS, Council finds that Remedy Medical Transportation will serve the public convenience and necessity requirements.
NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Modesto that it hereby approves the application of Remedy Medical Transportation and issues Remedy Medical Transportation a permit to operate as a non-emergency medical transport company in the City of Modesto.
The foregoing resolution was introduced in a regular meeting of the Council of the City of Modesto held on the 12th day of March 2024, by Councilmember ________, who moved its adoption, which motion being duly seconded by Councilmember ______, was upon roll call carried and the resolution adopted by the following vote:
AYES: Councilmembers:
NOES: Councilmembers:
ABSENT: Councilmembers:
ATTEST: _____________________________
DIANE NAYARES-PEREZ, City Clerk
(SEAL)
APPROVED AS TO FORM:
BY: _________________________________
JOSE M. SANCHEZ, City Attorney
#16..
- 327 -
CITY OF MODESTO
COUNCIL AGENDA REPORT
DATE OF MEETING:
March 12, 2024
Date: March 5, 2024
TO: Mayor and City Council
THROUGH: Joseph P. Lopez, City Manager
SUBJECT: Legal Services Agreement with Redwood Public Law, LLP CONTACT: Joseph P. Lopez, City Manager, [email protected] 209-577-5223 DESCRIPTION:
Consider approving a Legal Services Agreement with Redwood Public Law, LLP, Oakland, CA to provide City Attorney services for the City, and re-appoint Jose M. Sanchez as City Attorney effective March 15, 2024 and approving the modification to the Legal Services Agreement with Meyers Nave effective March 14, 2024 for limited special counsel legal services. (Funding Source: Various Funds)
STRATEGIC PLAN ELEMENT:
This item supports the City’s 2020-2025 Strategic Plan Goals to build a high-performance organization and improve community safety.
BACKGROUND:
Meyers Nave has successfully served the City of Modesto as City Attorney and Special Counsel on a wide variety of critical City projects since the Fall of 2013.
On May 13, 2014, by Resolution No. 2014-186, Council approved a Legal Services Agreement with Meyers Nave, a professional law firm, to provide City Attorney services for the City, and appointed Adam U. Lindgren as City Attorney. In addition, Jose M. Sanchez, Senior Associate with Meyers Nave, was appointed to serve as Assistant City Attorney.
On February 4, 2020, City Council reported out of Closed Session the Appointment of Jose M.
Sanchez, as Acting City Attorney during City Attorney Lindgren’s medical leave of absence. On June 2, 2020, City Council reported out of Closed Session that City Attorney Adam U. Lindgren, was doing well in his recovery, would not be returning to the City from his medical leave of absence, and that the Council had selected Jose M. Sanchez as the new City Attorney.
On June 9, 2020, by Resolution No. 2020-250, Council approved a First Amendment to the Legal Services Agreement with Meyers Nave, appointing Jose M. Sanchez as City Attorney, effective June 2, 2020.
#17..
- 328 -
City Council, March 12, 2024
Legal Services Agreement with Redwood Public Law, LLP
On January 10, 2023 by Resolution No. 2023-004, Council approved a Second Amendment to the Legal Services Agreement with Meyers Nave to add specialty legal services rates. As complex specialty matters arise, the City was able to obtain the specialty legal services to address unique projects such as areas of law involving labor and employment, land use, environmental, water law, First Amendment issues, eminent domain, construction, housing, and litigation.
DISCUSSION:
The current legal services agreement with Meyers Nave established rates for City Attorney Services, serving as a Charter Officer and Department Head in the administrative and managerial affairs of the City.
On March 15, 2024 Jose Sanchez will be employed at the Redwood Public Law, LLP. The City Council provided a favorable performance evaluation of the City Attorney Jose Sanchez in closed session on February 27, 2024. It is recommended that the City Council reappoint Jose M. Sanchez as City Attorney and approve the Legal Services Agreement with the new law firm, Redwood Public Law, LLP, effective March 15, 2024. The terms and conditions, including the hourly rates, with Redwood Public Law will be identical to the existing City Attorney legal services agreement. In addition, the existing legal services agreement with Meyers Nave is to be modified to eliminate the City Attorney designation and City Attorney legal assignments.
Meyers Nave will continue to complete the existing specialty legal services assignments at the direction of City Manager, Joseph Lopez in consultation with City Attorney, Jose Sanchez.
Modesto Municipal Code Section 8-3.203 generally requires all purchases that meet or exceed $100,000 for material, equipment or contractual services to be formally bid. However, exceptions to the formal bidding process are granted in MMC 8-3.204(c); “Where the Purchasing Manager, in his or her discretion, determines that calling for bids on a competitive basis as set forth in Section 8-3.203 is undesirable due to exigent or emergency circumstances.
FISCAL IMPACT:
It is anticipated that the new legal services agreement with Redwood Public Law will have similar fiscal impacts as the prior City Attorney legal services agreement. Depending on the subject matter, services can be paid from the City Attorney’s budget or the given department’s budget. Costs associated with specialty matters will be paid by the department requiring the special counsel. The overall budget for the City Attorney’s office will be set by City Council for the fiscal year’s budget, and the City Attorney will manage the office and services pursuant to that budget. The Proposed billable rates are as follows:
General Hourly Rates:
Principal $ 325 – $435 per hour
Of Counsel $ 325 - $355 per hour
Associate $ 270 - $325 per hour
Paralegal $ 180 per hour
Consultants and Law Clerks $75-$150 per hour
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- 329 -
City Council, March 12, 2024
Legal Services Agreement with Redwood Public Law, LLP
Specialty Hourly Rates
Principal $ 415 – $560 per hour
Of Counsel $ 375 - $490 per hour
Associate $ 315 - $415 per hour
Paralegal $ 210 - $240 per hour
Below is a five-year history of spending through the current agreement with Meyers Nave.
Fiscal Year Meyers Nave Spending
2018-2019 $2,683,985
2019-2020 $2,462,661
2020-2021 $1,654,692
2021-2022 $1,699,941
2022-2023 $1,359,303
COMMITTEE RECOMMENDATION:
This item was not presented to a Council Committee.
RECOMMENDED COUNCIL ACTION:
Staff Recommendations:
Resolution approving a Legal Services Agreement with Redwood Public Law, LLP, Oakland, CA to provide City Attorney services for the City, and re-appoint Jose Sanchez as City Attorney effective March 15, 2024; and authorizing the City Manager or his designee to execute the Agreement; and approving the modification to the Legal Services Agreement with Meyers Nave and authorizing the City Manager or his designee to execute the necessary action to execute this modification.
Approved by:
Joseph P. Lopez, City Manager
Attachments:
1. Resolution
2. Redwood Public Law, LLP Agreement
#17..
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03/12/2024/CMO/JLopez/Item X 1 2024-XX
MODESTO CITY COUNCIL
RESOLUTION NO. 2024-XXX
RESOLUTION APPROVING A LEGAL SERVICES AGREEMENT WITH
REDWOOD PUBLIC LAW, LLP, OAKLAND, CA TO PROVIDE CITY
ATTORNEY SERVCIES FOR THE CITY, AND RE-APPOINT JOSE SANCHEZ AS CITY ATTORNEY EFFECTIVE MARCH 15, 2024; AND AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO EXECUTE THE AGREEMENT;
AND APPROVING THE MODIFICATION TO THE LEGAL SERVICES
AGREEMENT WITH MEYERS NAVE AND AUTHORIZING THE CITY
MANAGER OR HIS DESIGNEE TO EXECUTE THE NECESSARY ACTION TO
EXECUTE THE MODIFICATION
WHEREAS, Meyers Nave has served as the City of Modesto as City Attorney and Special Counsel on a wide variety of critical City projects since the Fall of 2013; and WHEREAS, the current legal services agreement with Meyers Nave established rates for City Attorney Services, serving as a Charter Officer and Department Head in the administrative and managerial affairs of the City; and
WHEREAS, on March 15, 2024, Jose Sanchez will be employed at the Redwood Public Law, LLP; and
WHEREAS, it is recommended that the City Council reappoint Jose M. Sanchez as City Attorney and approve the Legal Services Agreement with the new law firm, Redwood Public Law, LLP, effective March 15, 2024; and
WHEREAS, the terms and conditions, including the hourly rates, with Redwood Public Law will be identical to the existing City Attorney legal services agreement; and WHEREAS, the existing legal services agreement with Meyers Nave is to be modified to eliminate the City Attorney designation and City Attorney legal assignments; and
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03/12/2024/CMO/JLopez/Item X 2 2024-XX
WHEREAS, Meyers Nave will continue to complete the existing specialty legal services assignments at the direction of City Manager, Joseph Lopez in consultation with City Attorney Jose Sanchez; and
WHEREAS, Modesto Municipal Code Section 8-3.203 generally requires all purchases that meet or exceed $100,000 for material, equipment or contractual services to be formally bid; however, exceptions to the formal bidding process are granted in MMC 8-3.204(c); “Where the Purchasing Manager, in his or her discretion, determines that calling for bids on a competitive basis as set forth in Section 8-3.203 is undesirable due to exigent or emergency circumstances.
NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Modesto that it hereby approves a Legal Services Agreement with Redwood Public Law, LLP, Oakland, CA to provide City Attorney services for the City, and re-appoint Jose Sanchez as City Attorney effective March 15, 2024.
NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Modesto that it hereby approves the modification to the Legal Services Agreement with Meyers Nave.
BE IT FURTHER RESOLVED, that the City Manager, or his designee, is hereby authorized to execute the Redwood Public Law, LLP Agreement, in a form approved by the legal counsel.
BE IT FURTHER RESOLVED, that the City Manager, or his designee, is hereby authorized to execute the necessary action to execute this modification for the Meyers Nave Agreement, in a form approved by the legal counsel. #17..
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03/12/2024/CMO/JLopez/Item X 3 2024-XX
The foregoing resolution was introduced at a regular meeting of the Council of the City of Modesto held on the 12th day of March, 2024, by __________, who moved its adoption, which motion being duly seconded by __________, was upon roll call carried and the resolution adopted by the following vote:
AYES: Councilmembers:
NOES: Councilmembers:
ABSENT: Councilmembers:
ATTEST: _____________________________
DIANE NAYARES-PEREZ, CMC,
City Clerk
(SEAL)
APPROVED AS TO FORM:
BY: ________________________________
JOSE M. SANCHEZ, City Attorney
#17..
- 333 -
Legal Services Agreement
City of Modesto and Redwood Public Law 1
LEGAL SERVICES AGREEMENT
This Agreement for Legal Services (this “Agreement”) is made and entered into on the 15th day of March, 2024 (“Effective Date”), by and between the CITY OF MODESTO, a California Municipal Corporation (“City”), located at 1010 Tenth Street, Sixth Floor, Modesto, California 95353 and REDWOOD PUBLIC LAW, 66 Franklin St., Suite 300 Oakland, CA 94607 a California limited liability partnership (“Attorney”). City and Attorney are hereinafter collectively referred to as the “Parties,” and singularly as a “Party.”
RECITALS
WHEREAS, City desires to obtain Attorney’s services as City Attorney; and WHEREAS, Attorney is specially trained, experienced and competent to perform such services; and
WHEREAS, the public interest, economy and general welfare will be served by this Agreement.
NOW, THEREFORE, it is hereby agreed as follows:
1. Services.
a. Scope of Work: Subject to the terms and conditions set forth in this Agreement, Attorney shall provide to City the following services (“Services”):
Jose M. Sanchez is employed by Attorney and will serve as City Attorney. Alex Mog is employed by Attorney and will serve as Assistant City Attorney. Other attorneys employed by Attorney will serve as Special Counsel.
As City Attorney, Jose M. Sanchez will perform all the services required and authorized by law as City Attorney, including, but not limited to: (i) providing legal advice; (ii) litigating to assert or defend the City; (iii) serving as a Charter Officer and Department Head in the administrative and managerial affairs of the City; (iv) deciding which attorneys to retain or assign to provide any and all legal services of the City, whether employed by the City, in Redwood Public Law, or in another law firm or agency; (v) serving as the supervisor and making staffing decisions for employees in the City Attorney’s Office. The assignment and reassignment of work by Attorney is authorized to include modification or termination of existing outside counsel agreements, and, subject to applicable City personnel laws, City staffing decisions.
#17..
- 334 -
Legal Services Agreement
City of Modesto and Redwood Public Law 2
Attorney will perform all the City’s legal services, unless Attorney approves the assignment of such work to another attorney employed by the City, another law firm, or agency.
b. Term: This Agreement shall become effective on the Effective Date and shall continue in effect until terminated as provided in Section 6.
2. Fees and Costs.
a. General Hourly Rates:
Principal $325 – $435 per hour
Of Counsel $325 - $355 per hour
Associate $270 - $325 per hour
Paralegal $180 per hour
Consultants and Law Clerks $75 - $150 per hour
Services reimbursed
to the City by third parties market rate
The particular rates charged within the above ranges will depend on the experience of the attorney and the subject matter.
Specialty Hourly Rates:
Principal $415 - $560 per hour
Of Counsel $375 - $490 per hour
Associate $315 - $415 per hour
Paralegal $210 - $240 per hour
The particular specialty rates charged within the above ranges will depend on the experience of the attorney and the subject specialty matter. Specialty rates will be charged for project matters involving labor and employment, land use, environmental matters, water law, First Amendment issues, eminent domain, construction, housing, crisis management, and litigation. Specialty matters and rates will be approved by the City Manager.
#17..
- 335 -
Legal Services Agreement
City of Modesto and Redwood Public Law 3
All of the foregoing rates under this Section 2(a) shall automatically be adjusted effective July 1 of each year to reflect the percentage change in the Urban Wage Earners and Clerical Workers for San Francisco Consumer Price Index between February of the preceding year and February of the then current year, provided, however, that the reported change in each category shall be rounded up or down to the nearest $5 per hour.
Travel time will be discounted 10% from the above rates.
As City Attorney, Attorney will work closely with the City Manager to endeavor to manage the City’s total legal costs to City approved budgets, including fees, and costs paid to Attorney.
b. Reimbursable Expenses. City shall reimburse Attorney for the actual, reasonable, and necessary expense of travel approved in advance, at the current IRS rate. Attorney will not charge City for the cost of telephone calls by Attorney. Litigation costs and expenses for statutory fees, witness fees, reporters’ per diem and stenographic transcriptions, photocopying, jury fees, electronic research, travel, and the expenses of serving process shall be advanced by Attorney and reimbursed by City. Expert consultants and witnesses may be retained by Attorney on terms acceptable to City, approved in advance by email or letter by the City Representative (as defined hereafter), in which case City shall reimburse Attorney or pay such consultants or experts directly. c. Billing:
i. Legal billings shall be submitted to City every forty-five (45) days unless otherwise advised.
ii. Each task shall be distinctly and completely identified. In litigation matters, City will not pay invoices that contain block billing. Each billing entry must contain the initials of the individual performing the task, the nature of the task, the date it was performed, and the length of time it took. iii. Costs under $1,000.00 shall be paid by Attorney and submitted with their normal billing.
iv. City reserves the right to audit all invoices.
v. Payments to Attorney shall be made within a reasonable time after receipt of Attorney’s invoice, generally within sixty (60) days of receipt.
Attorney shall be responsible for supplying all documentation necessary to verify the monthly billings to the satisfaction of City. Attorney may add a late payment charge of 1.5% per month to invoices not paid within sixty #17..
- 336 -
Legal Services Agreement
City of Modesto and Redwood Public Law 4
(60) days.
vi. In addition to the provisions stated elsewhere in this Agreement regarding the payment of fees, billing and budgeting, the following guidelines for billing apply:
(1) City expects each individual working on the matter for which Attorney is retained to have the necessary experience to perform the services required to protect or pursue City’s interests in the matter in a cost-effective manner, consistent with high professional and ethical standards.
(2) City expects Attorney to select an individual suitable for the task required and the specific needs of the matter, and to use the maximum efficiencies available. Billings for services performed by the inappropriate level of personnel will be reduced by City based on rate adjustments for the appropriate level of personnel. (3) City will not pay for unnecessary review of texts, codes, rules of court, or other fundamental references. City will pay the hourly rate for specific legal research which is unique to the matter, assuming that Attorney has used maximum efficiencies and that Attorney has not already recently performed research in the same or very similar areas of law.
(4) City understands that it is employing Attorney, particularly Jose M. Sanchez and Alex Mog, in critical part to serve in leadership and managerial roles for the City that will require them to participate in conferences and meetings with City staff, attorneys, and staff employed by the City, and attorneys in other firms.
Attorney will be paid for such meetings. City also acknowledges the benefit of communications between attorneys in the firm. City does, however, expect that intra-office conferences will only be held as needed and will be kept to a minimum. City will not pay for conferences which are instructional or administrative. (5) City will not pay for local telephone calls, incoming facsimiles, regular postage, time spent on filing, calendaring, indexing pleadings, secretarial conferences with Clerks of court or court reporters, secretarial proofreading, re-drafting due to substandard work, or opening, organizing or closing files. Vague billing, which does not contain sufficient information to allow City’s reviewer of the invoice to determine the nature of the task, the reason for the task, and the individual performing the task, is subject to reduction #17..
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by City.
(6) City will not reimburse for overtime, word processing, supplies, anything identified on an invoice as “miscellaneous,” or any other unidentified charges.
d. Budget:
i. City acknowledges that the total cost of legal services of the City is a result of complex factors, many of which are beyond the control of Attorney. As City Attorney, Attorney will work closely with the City Manager and City Finance Department staff to create new tools to monitor the cost and efficiency of legal services to the City, and to endeavor to manage the City’s total legal costs, including fees and costs paid to Attorney, to be within or below City approved budgets. Attorney shall have the authority, in consultation with the City Manager, to reallocate and reassign funds from and among various line items in the City budget for the City Attorney’s Office or identified for disbursement to attorneys of the City. Should it become reasonably apparent to Attorney that the actual billings will exceed budgeted funds for the City Attorney’s Office estimate of anticipated legal costs and fees, Attorney shall notify City thereof in advance and shall submit a revised written budget estimate and request for City’s approval.
3. Reporting.
a. Attorney will endeavor to provide City Council and/or City Representative with status reports and evaluations of major litigation and projects approximately every four months (4) months.
b. Attorney shall provide to City Representative an electronic version of all agreements, pleadings, motions, and discovery documents filed or propounded by Attorney in a Microsoft Word format compatible with that used by the City Attorney’s office.
c. In the event that Attorney’s handling of the above-designated matter exceeds a period of twenty-four (24) months, Attorney shall, in addition to providing regular status reports to City, also report directly to the City representative on an annual basis and no later than March 30th of each year, setting forth in detail the status of the matter, and Attorney’s plan for further handling of the matter, and the estimated length of time to conclude the matter.
4. City Representative. The City Manager, or the City Manager’s designee, shall be the “City Representative” under this Agreement and shall administer this Agreement for City, including any payments hereunder. All Attorney questions pertaining to this #17..
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Agreement shall be referred to the City Representative or the Representative’s designee.
5. Insurance and Indemnification. During the entire term of this Agreement, Attorney shall maintain the following insurance:
a. Minimum Scope of Insurance: Coverage should be at least as broad as:
i. Insurance Services Office Form No. CG 0001 (Commercial General Liability);
ii. Insurance Services Office Form No. CA 0001 (Ed. 1/87) (Automobile Liability, Code “any auto”);
iii. Workers’ Compensation as required by the Labor Code of the State of California, and Employers’ Liability Insurance:
iv. Professional Liability (Errors and Omissions) insurance against loss due to error, omission, or malpractice.
b. Minimum Limits of Insurance: Attorney shall maintain limits no less than:
i. Commercial General Liability: $1,000,000 combined single limit per occurrence, including endorsements for contractual liabilities, broad form property damage, and personal injury.
ii. Automobile Liability: $1,000,000 combined single limit per accident for personal injury and property damage arising from owned, hired, and nonowned vehicles. iii. Workers’ Compensation and Employers’ Liability: Workers’ compensation limits as required by the Labor Code of the State of California and Employers’ Liability limits of $1,000,000 per accident. iv. Professional Liability (Errors and Omissions): $2,000,000 combined single limit per occurrence.
c. Deductibles and Self-Insured Retentions: Any deductibles or self-insured retentions must be declared to and approved by the City. d. Other Insurance Provisions: The policies are to contain, or be endorsed to contain, the following provisions:
i. General Liability and Automobile Liability Coverages:
(1) The General Liability and Automobile Liability policies shall be written on an occurrence form and shall name City, its officers, #17..
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officials, agents, employees, and volunteers as additional insureds.
Such policy(ies) of insurance shall be endorsed so that Attorney’s insurance shall be primary and any insurance or self-insurance maintained by City, its officials, employees, or volunteers shall be in excess of Attorney’s insurance and shall not contribute with it. (2) Any failure to comply with reporting provisions of the policies shall not affect coverage provided to City, its officials, employees or volunteers.
(3) Coverage shall state that Attorney’s insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer’s liability. ii. All Coverages:
(1) Each insurance policy required by this Agreement shall be endorsed to state that coverages shall not be canceled except after thirty (30) days prior written notice has been given to City. In addition, Attorney agrees that it shall not reduce its coverage or limits on any such policy except after thirty (30) days prior written notice has been given to City and City approves the reduction in coverage or limits. Attorney further agrees that it shall not increase any deductibles or self-insured retentions on any such policy except after thirty (30) days prior written notice has been given to City and City approves such increase.
(2) In the event claims made forms are used for any Professional Liability coverage, either (i) the policy(ies) shall be endorsed to provide not less than a five (5) year discovery period, or (ii) the coverage shall be maintained for a minimum of five (5) years following the termination of this Agreement and the requirements of this section relating to such coverage shall survive termination or expiration of this Agreement. Attorney shall furnish City with the certificate(s) and applicable endorsements for ALL required insurance prior to City’s execution of this Agreement.
e. Acceptability of Insurers: Insurance shall be placed with insurers with a Bests’ rating of no less than A:VII. This requirement may, however, be waived in individual cases for Errors and Omissions Coverages only; provided, however, that in no event shall a carrier with a rating below B:IX be acceptable. f. Verification of Coverage: Attorney shall furnish City with certificates of insurance showing compliance with the above requirements and with original endorsements affecting all coverages required by this Agreement both prior to the #17..
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execution of this Agreement and during the pendency of this Agreement at any time upon request by City. The certificates and/or endorsements shall set forth a valid policy number for City, and shall indicate the Issue Date, Effective Date and Expiration Date. The certificates and endorsements for each insurance policy shall be signed by a person authorized by the insurer to bind coverage on its behalf. The certificates and endorsements shall be forwarded to the City Representative.
g. Payment Withholding: City shall withhold payments to Attorney if the certificates of insurance and endorsements required in this section are canceled or Attorney otherwise ceases to be insured as required herein. h. Indemnity: City acknowledges that Redwood Public Law is being appointed as City Attorney, Assistant City Attorney, and Special Counsel pursuant to the authority of Government Code section 36505 and has the authority of that office.
Accordingly, the City is responsible under Government Code section 825 for providing a defense for Attorney, including the City Attorney, Assistant City Attorney, and Special Counsel for actions within the scope of its engagement hereunder.
6. Termination.
a. By City. City may terminate this Agreement at any time by written notice. After receiving such notice, Attorney will cease providing services. Attorney will cooperate with City in the orderly transfer of all related files and records to your new counsel.
b. By Attorney. Attorney may terminate this Agreement at any time with City’s consent or for good cause. Attorney may terminate this Agreement for any reason by giving the City Manager not less than thirty (30) days prior written notice of termination. The notice shall specify the effective date and reason for the termination. Good cause exists if (a) any statement is not paid within ninety (90) days of its receipt; (b) City fails to meet any other obligation under this Agreement and continues in that failure for fifteen (15) days after Attorney sends written notice to City; (c) City has misrepresented or failed to disclose material facts to Attorney, refused to cooperate with Attorney, refused to follow Attorney’s advice on a material matter, or otherwise made Attorney’s representation unreasonably difficult; or (d) any other circumstance exists in which ethical rules of the legal profession mandate or permit termination, including situations where a conflict of interest arises. If Attorney terminates Services, City agree to execute a substitution of attorneys promptly and otherwise cooperate in effecting that termination.
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Termination of this Agreement, whether by City or by Attorney, will not relieve the obligation to pay for services rendered and costs incurred before our services formally ceased.
7. General Provisions.
a. Independent Contractor.
i. It is understood and agreed that Attorney (including Attorney’s employees) is an independent contractor and that no relationship of employer-employee exists between the Parties hereto for any purpose whatsoever. Neither Attorney nor Attorney’s assigned personnel shall be entitled to any benefits payable to employees of City. City is not required to make any deductions or withholdings from the compensation payable to Attorney under the provisions of this Agreement, and Attorney shall be issued an IRS Form 1099 for its services hereunder. As an independent contractor, Attorney hereby agrees to indemnify and hold City harmless from any and all claims that may be made against City based upon any contention by any of Attorney’s employees or by any third party, including but not limited to any state or federal agency, that an employeremployee relationship or a substitute therefor exists for any purpose whatsoever by reason of this Agreement or by reason of the nature and/or performance of any Services under this Agreement.
ii. It is further understood and agreed by the Parties hereto that Attorney, in the performance of its obligations hereunder, is subject to the control and direction of City as to the designation of tasks to be performed and the results to be accomplished by the Services agreed to be rendered and performed under this Agreement, but not as to the means, methods, or sequence used by Attorney for accomplishing such results. To the extent that Attorney obtains permission to and does use City facilities, space, equipment, or support services in the performance of this Agreement, this use shall be at the Attorney’s sole discretion based on the Attorney’s determination that such use will promote Attorney’s efficiency and effectiveness. Except as may be specifically provided elsewhere in this Agreement, the City does not require that Attorney use City facilities, equipment, or support services or work in City locations in the performance of this Agreement.
iii. If, in the performance of this Agreement, any third persons are employed by Attorney, such persons shall be entirely and exclusively under the direction, supervision, and control of Attorney. Except as may be specifically provided elsewhere in this Agreement, all terms of employment, including hours, wages, working conditions, discipline, hiring, and discharging, or any other terms of employment or requirements #17..
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of law, shall be determined by Attorney. It is further understood and agreed that Attorney shall issue W-2 or 1099 Forms for income and employment tax purposes, for all of Attorney’s assigned personnel and subcontractors.
b. Licenses; Permits, Etc.: Attorney represents and warrants that Attorney has all licenses, permits, City Business Operations Tax Certificate, qualifications, and approvals of whatever nature which are legally required for Attorney to practice its profession or provide any services under the Agreement.
Attorney represents and warrants that Attorney shall, at its sole cost and expense, keep in effect or obtain at all times during the term of this Agreement any licenses, permits, and approvals which are legally required for Attorney to practice its profession or provide such Services. Without limiting the generality of the foregoing, if Attorney is an out-of-state corporation, Attorney warrants and represents that it possesses a valid certificate of qualification to transact business in the State of California issued by the California Secretary of State pursuant to Section 2105 of the California Corporations Code.
c. Conflicts of Interest. Attorney represents and warrants that they have made a diligent effort to determine whether there are any actual or potential conflicts of interest that would preclude or interfere with Attorney’s performance of this Agreement, and that no such conflict of interest exists. If a conflict of interest arises in the future Attorney will advise the City Representative and address the matter consistent with the Rules of Professional Responsibility related to legal representation and California law related to public official’s conflicts or interest. d. Confidentiality of City Information. Attorney understands and agrees that during the course of performing the services required by this Agreement, or in contemplation thereof, Attorney may have access to private or confidential information which may be owned or controlled by City and that such information may contain proprietary or confidential details, the disclosure of which to third parties may be damaging to City. Attorney agrees that all information disclosed by City to Attorney shall be held in confidence and used only in performance of the services required by this Agreement. A violation of this section shall be a material violation of this Agreement and shall justify legal and/or equitable relief. e. Equal Employment Opportunity. During the performance of this Agreement, Attorney, for itself, its assignees and successors in interest, agrees as follows:
i. Compliance With Regulations: Attorney shall comply with Executive Order 11246 entitled “Equal Opportunity in Federal Employment”, as amended by Executive Order 11375 and 12086, and as supplemented in Department of Labor regulations (41 CFR Chapter 60), hereinafter #17..
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collectively referred to as the “Regulations.”
ii. Nondiscrimination: Attorney, with regards to the work performed pursuant to this Agreement, shall not discriminate on the grounds of race, color, religion, sex, national origin, age, marital status, physical handicap or sexual orientation in selection and retention of subcontractors, including procurement of materials and leases of equipment. Attorney shall not participate either directly or indirectly in discrimination prohibited by the Regulations.
f. Severability. If any portion of this Agreement or the application thereof to any person or circumstance shall be held invalid or unenforceable, the remainder of this Agreement shall not be affected thereby and shall be enforced to the greatest extent permitted by law.
g. Waiver. Neither City acceptance of, nor payment for, any Service or Additional Service performed by Attorney, nor any waiver by either Party of any default, breach or condition precedent, shall be construed as a waiver of any provision of this Agreement, nor as a waiver of any other default, breach, or condition precedent or any other right hereunder.
h. Enforcement of Agreement. This Agreement shall be governed, construed, and enforced in accordance with the laws of the State of California. Venue of any litigation arising out of or connected with this Agreement shall lie exclusively in the state trial court or Federal District Court located in Stanislaus County in the State of California, and the Parties consent to jurisdiction over their persons and over the subject matter of any such litigation in such courts and consent to service of process issued by such courts.
i. Attorneys’ Fees. In any action to enforce the terms of this Agreement, the prevailing Party shall recover its reasonable attorneys' fees. j. Assignment Prohibited. The expertise and experience of Attorney are material considerations for this Agreement. City has a strong interest in the qualifications and capability of the persons and entities who will fulfill the obligations imposed on Attorney under this Agreement. In recognition of this interest, Attorney shall not assign any right or obligation pursuant to this Agreement without the written consent of the City. Any attempted or purported assignment without City’s written consent shall be void and of no effect.
k. Notice. Any notice, demand, request, consent, approval, or communication either Party desires or is required to give the other Party or any other person shall be in writing and either served personally or sent by prepaid, first-class mail to the address set forth below. Either Party may change its address by notifying the other Party of the change of address in writing. Notice shall be deemed #17..
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communicated forty-eight (48) hours from the time of mailing if mailed as provided in this section.
To: City of Modesto: To: Attorney:
Attention: City Manager Attention: Jose M. Sanchez
Contact Information: Contact Information:
1010 Tenth Street, 6th Floor
Modesto, CA 95353
66 Franklin St., Suite 300
Oakland, CA 94607
Phone: (209) 577-5288
Fax: (209) 544-8260
Phone: (916) 267-3910
8. Entire Agreement. This document contains the entire agreement between the Parties and supersedes whatever oral or written understanding they may have had prior to the execution of this Agreement. No alteration to the terms of this Agreement shall be valid unless approved in writing by Attorney, and by City, in accordance with applicable provision of the Modesto City Code.
9. Authority. The person signing this Agreement for Attorney hereby represents and warrants that he/she is fully authorized to sign this Agreement on behalf of Attorney and to bind Attorney to the performance of its obligations hereunder.
IN WITNESS WHEREOF, the parties have executed this Agreement as of the dates stated below.
CITY OF MODESTO,
A Municipal Corporation
By:
Joseph P. Lopez
City Manager
APPROVED TO AS FORM:
Attorney
ATTEST:
City Clerk, Diane Nayares-Perez
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ATTORNEY:
REDWOOD PUBLIC LAW,
a California limited liability partnership
______________________________________
Federal I.D. No.
______________________________________
State I.D. No.
______________________________________
City of Modesto Business Op. Tax Cert. No.
TYPE OF BUSINESS ENTITY (check one):
_____ Individual/Sole Proprietor
__X__ Partnership
_____ Corporation
_____ Limited Liability Company
_____ Other (please specify: ______________)
______________________________________
Signature of Authorized Person
______________________________________
Jose M. Sanchez, Partner
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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, MARCH 12, 2024 AT 4:00 PM
and after the regularly scheduled meeting in the Tenth Street Place, Chambers Conference Room, Basement Level, 1010 Tenth Street, Modesto, California.
Any and all of the following agenda items are subject to action being taken by the Modesto City Council.
The business to be considered at said City Council meeting shall consist of a Closed Session concerning the following:
CLOSED SESSION
CONFERENCE WITH LEGAL COUNSEL — ANTICIPATED LITIGATION
One Case (Pursuant to Section 54956.9(d)(2) of the Government Code) CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION
Five Cases (Pursuant to Section 54956.9(d)(1) of the Government Code) Name of Case: Baljit Athwal, et al. v. Stanislaus County et al.
United States Eastern District
Case No.: 1:15-CV-00311
Georgia DeFilippo, et al. v. Stanislaus County et al.
United States Eastern District
Case No.: 1:18-CV-00496
Frank Carson v. Stanislaus County et al.
United States Eastern District
Case No.: 2:20-AT-00513
Eduardo Quintanar, Jr. v. Stanislaus County et al.
United States Eastern District
Case No.: 1:18-CV-01402
Walter W. Wells & Scott McFarlane v. Stanislaus County et al.
United States Eastern District
Case No.: 1:20-CV-00770
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CONFERENCE WITH LABOR NEGOTIATOR:
(Pursuant to Section 54957.6 of the Government Code) – MCEA Negotiator: Christina Alger
Employee Organization: Modesto City Employees Association CONFERENCE WITH LABOR NEGOTIATOR:
(Pursuant to Section 54957.6 of the Government Code) – MCMA Negotiator: Christina Alger
Employee Organization: Modesto Confidential & Management Association CONFERENCE WITH LABOR NEGOTIATOR:
(Pursuant to Section 54957.6 of the Government Code) – MPOA Negotiator: Christina Alger
Employee Organization: Modesto Police Officers’ Association CONFERENCE WITH LABOR NEGOTIATOR:
(Pursuant to Section 54957.6 of the Government Code) – MPNSA Negotiator: Christina Alger
Employee Organization: Modesto Police Non-Sworn Association CONFERENCE WITH LABOR NEGOTIATOR:
(Pursuant to Section 54957.6 of the Government Code) –MPMA Negotiator: Christina Alger
Employee Organization: Modesto Police Management Association CONFERENCE WITH LABOR NEGOTIATOR:
(Pursuant to Section 54957.6 of the Government Code) – MCFFA Negotiator: Christina Alger
Employee Organization: Modesto City Firefighters Association CONFERENCE WITH LABOR NEGOTIATOR:
(Pursuant to Section 54957.6 of the Government Code) – Unrepresented Negotiator: Christina Alger
Employee Organization: Unrepresented Management and Confidential Employees
BY ORDER OF THE CHAIR
/S
Diane Nayares-Perez, City Clerk
Posted pursuant to Government Code Section 54956 on the bulletin board at Tenth Street Place on at by
date time signature
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