16.69 454.66
-129.19
-16.69
-454.66
129.19
344.58
-47.25
111.58
74.38 52.36
222.20
105.74
387.53
61.16 52.80
244.16
1.76 47.25
-344.58
-210.78
-111.58
-74.38
-52.36
-222.20
-105.74
-387.53
-61.16
-52.80
-244.16
-1.76
210.78
TOTAL FOR CHECK:
TOTAL FOR CHECK:
0.00 0.00
273763
274332
274515
273763
274332
274515
274727
274773
274727
274689
274640
274577
274628
274613
274576
274896
274901
274781
274773
274727
274727
274727
274689
274640
274577
274628
274613
274576
274896
274901
274781
274727
Attachment 5, Vendor ePayables
#16..
- 671 -
Bank: BMO BMO Main
Branch
Branch: BMO E-Payables
(Main)
Account:
CHECK
NUMBER
VENDOR
NAME SITE INVOICE NUMBER
INVOICE
DATE
PAYMENT
AMOUNT
** CITY OF MODESTO **
REPORT ID: COMAPCHKREG.rdf PAYMENT CHECK REGISTER
03-JUN-24 Page: 20
PO
NUMBER
816731
816739
816756
816767
816768
816769
PACIFIC STORAGE
COMPANY
SAFE-T-LITE OF
MODESTO INC
UNITED ROTARY
BRUSH CORP
ALPHA ANALYTICAL
LABORATORIES
AMERICAN LUMBER
CO
ARAMARK UNIFORM
SERVICE
397284
397231
397232
397471
397412
397525
397461
397284
397231
397232
397471
397412
397525
397461
CI310869
CI310869
MODDW1006
13391
13270
13242
10631
13266
13172
12953
13210
5040297923
24-APR-24
22-APR-24
22-APR-24
02-MAY-24
30-APR-24
06-MAY-24
01-MAY-24
24-APR-24
22-APR-24
22-APR-24
02-MAY-24
30-APR-24
06-MAY-24
01-MAY-24
02-APR-24
02-APR-24
01-APR-24
30-APR-24
26-APR-24
25-APR-24
26-JAN-24
26-APR-24
24-APR-24
16-APR-24
24-APR-24
16-APR-24
114.10
798.08
-798.08
235.53
52.31 509.64
-2,539.59
-114.10
-798.08
798.08
-235.53
-52.31
-509.64
2,539.59
-3,413.88
3,413.88
33,471.00
30.49 108.64
320.76
30.48 143.09
226.73
12.78 751.85
62.33 TOTAL FOR CHECK:
TOTAL FOR CHECK:
TOTAL FOR CHECK:
TOTAL FOR CHECK:
TOTAL FOR CHECK:
0.00 0.00
33,471.00
1,624.82
62.33 274606
274592
274592
274630
274711
274870
274890
274606
274592
274592
274630
274711
274870
274890
274474
274474
274463
274701
274701
274098
274333
274593
274596
274599
274041
274601
Attachment 5, Vendor ePayables
#16..
- 672 -
Bank: BMO BMO Main
Branch
Branch: BMO E-Payables
(Main)
Account:
CHECK
NUMBER
VENDOR
NAME SITE INVOICE NUMBER
INVOICE
DATE
PAYMENT
AMOUNT
** CITY OF MODESTO **
REPORT ID: COMAPCHKREG.rdf PAYMENT CHECK REGISTER
03-JUN-24 Page: 21
PO
NUMBER
816769
816770
816771
816772
816773
816774
816775
ARAMARK UNIFORM
SERVICE
ARC DOCUMENT
SOLUTIONS LLC
B I C SECURITY
SYSTEMS
BARNES WELDING
SUPPLY
BONANDER TRUCK &
TRAILER
BRADY IFS (FKA
CENTRAL SANITARY
SUPPLY)
BURTON'S FIRE INC
12453777
12429164
215706
215646
215645
215545
215593
215592
215644
0091653214
919677
919682
8834271
8834270
8785148
8830922
8780169
8832989
8836453
S63751
W81816
S63603
S64043
S63851
W81903
23-APR-24
28-MAR-24
01-MAY-24
01-MAY-24
01-MAY-24
01-MAR-24
01-MAY-24
01-MAY-24
01-MAY-24
30-APR-24
26-APR-24
06-MAY-24
01-MAY-24
01-MAY-24
10-APR-24
30-APR-24
09-APR-24
30-APR-24
10-APR-24
28-MAR-24
06-MAR-24
25-MAR-24
23-APR-24
04-APR-24
16-APR-24
58.02 599.05
40.00 35.00
30.00 25.00
52.00 46.00
35.00 176.02
659.55
21.38 12.64
344.26
-17.72
563.07
120.82
13.45 17.72
360.27
2,174.19
754.22
437.24
346.60
1,987.68
TOTAL FOR CHECK:
TOTAL FOR CHECK:
TOTAL FOR CHECK:
TOTAL FOR CHECK:
TOTAL FOR CHECK:
657.07
263.00
176.02
680.93
1,054.24
274547
274551
274676
274682
274684
274688
274686
274687
274685
274932
274664
274664
274335
273377
272646
274335
274608
274466
272646
274375
274369
274373
274417
274416
274441
Attachment 5, Vendor ePayables
#16..
- 673 -
Bank: BMO BMO Main
Branch
Branch: BMO E-Payables
(Main)
Account:
CHECK
NUMBER
VENDOR
NAME SITE INVOICE NUMBER
INVOICE
DATE
PAYMENT
AMOUNT
** CITY OF MODESTO **
REPORT ID: COMAPCHKREG.rdf PAYMENT CHECK REGISTER
03-JUN-24 Page: 22
PO
NUMBER
816775
816776
816777
816778
816779
816780
816781
816782
816783
816784
816785
816786
BURTON'S FIRE INC
CHOICE LIGHTING
SUPPLY CORP
CITY SIGNS INC
DITTOS
DOUBLE TREE BY
HILTON MODESTO
FIRST CHOICE
INDUSTRIAL SUPPLY
COMPANY
FLORY INDUSTRIES
INC
FUNCTION GRAPHICS
GREEN RUBBER
KENNEDY AG LLP
HARTLEY AND
ASSOCIATES
HERC RENTALS
INTERSTATE TRUCK
CENTER
S63997
352241
352251
352248
55871
206500
206951
206932
60970
099340-01
099239-01
0919104
3636
M-507474
1777A257
34211998-005
02P505735
02P504483
18-APR-24
23-APR-24
23-APR-24
23-APR-24
12-APR-24
19-APR-24
25-APR-24
25-APR-24
01-MAY-24
23-APR-24
11-APR-24
27-FEB-24
01-APR-24
03-APR-24
16-APR-24
26-APR-24
26-APR-24
18-APR-24
220.66
143.61
52.21 92.49
2,600.22
16.33 106.21
106.21
9,436.19
54.22 116.50
102.69
3,312.10
119.51
232.19
1,469.87
127.51
-201.52
TOTAL FOR CHECK:
TOTAL FOR CHECK:
TOTAL FOR CHECK:
TOTAL FOR CHECK:
TOTAL FOR CHECK:
TOTAL FOR CHECK:
TOTAL FOR CHECK:
TOTAL FOR CHECK:
TOTAL FOR CHECK:
TOTAL FOR CHECK:
TOTAL FOR CHECK:
6,280.86
288.31
2,600.22
228.75
9,436.19
170.72
102.69
3,312.10
119.51
232.19
1,469.87
274415
274334
274334
274334
274815
274945
274555
274555
274053
273626
273157
274502
273956
274215
274603
274746
274770
274295
Attachment 5, Vendor ePayables
#16..
- 674 -
Bank: BMO BMO Main
Branch
Branch: BMO E-Payables
(Main)
Account:
CHECK
NUMBER
VENDOR
NAME SITE INVOICE NUMBER
INVOICE
DATE
PAYMENT
AMOUNT
** CITY OF MODESTO **
REPORT ID: COMAPCHKREG.rdf PAYMENT CHECK REGISTER
03-JUN-24 Page: 23
PO
NUMBER
816786
816787
816788
816789
816790
INTERSTATE TRUCK
CENTER
JOHN DEERE
COMPANY
JORGENSEN AND CO
MCCOY TRUCK TIRE
SERVICE CTR
MO-CAL OFFICE
SOLUTIONS (USE 9092)
02P505877
02P506522
02P487249
02P500092
02P500091
02P500093
02P502329
02P502924
02P506602
02P503775
02P500883
02P505734
02P505619
02P503891
02P493984
02P503099
02P503046
02P502688
02P504406
02P504160
02P498374
02P505561
02P505693
117581396
6124654
10154090
10155580
AR1090807
30-APR-24
30-APR-24
08-JAN-24
22-MAR-24
22-MAR-24
22-MAR-24
05-APR-24
10-APR-24
02-MAY-24
15-APR-24
27-MAR-24
25-APR-24
25-APR-24
16-APR-24
16-FEB-24
10-APR-24
10-APR-24
09-APR-24
18-APR-24
17-APR-24
13-MAR-24
24-APR-24
25-APR-24
14-MAR-24
08-APR-24
12-MAR-24
16-APR-24
17-MAR-24
255.03
629.28
-201.52
-203.39
-239.28
-134.84
-201.52
-301.25
1,402.94
499.19
2,340.76
127.51
580.57
19.63 615.73
683.83
72.53 98.99
27.27 666.32
22.91 126.34
862.85
24,103.75
2,688.47
3,177.29
3,009.90
4,073.21
TOTAL FOR CHECK:
TOTAL FOR CHECK:
TOTAL FOR CHECK:
TOTAL FOR CHECK:
7,675.87
24,103.75
2,688.47
6,187.19
4,073.21
274729
274729
266025
267753
271920
271277
272798
274302
275011
274299
274299
274714
274714
274714
274714
274508
274508
274508
274508
274508
274508
274770
274770
261515
274303
274769
274298
274495
Attachment 5, Vendor ePayables
#16..
- 675 -
Bank: BMO BMO Main
Branch
Branch: BMO E-Payables
(Main)
Account:
CHECK
NUMBER
VENDOR
NAME SITE INVOICE NUMBER
INVOICE
DATE
PAYMENT
AMOUNT
** CITY OF MODESTO **
REPORT ID: COMAPCHKREG.rdf PAYMENT CHECK REGISTER
03-JUN-24 Page: 24
PO
NUMBER
816790
816791
816792
816793
816794
816795
MO-CAL OFFICE
SOLUTIONS (USE 9092)
MODESTO STEEL
PACE SUPPLY
CORPORATION
PACIFIC STORAGE
COMPANY
SAFE-T-LITE OF
MODESTO INC
UNITED ROTARY
BRUSH CORP
433964
433443
59467724
59453519-2
59473896
2218290
2218284
5207159
5207158
5207157
5207156
2218278
2218269
2218289
2218282
5194450
2218275
5207029
397471
397525
397412
397232
397461
397284
397231
CI310869
09-APR-24
03-APR-24
03-MAY-24
30-APR-24
02-MAY-24
30-APR-24
30-APR-24
30-APR-24
30-APR-24
30-APR-24
30-APR-24
30-APR-24
30-APR-24
30-APR-24
30-APR-24
31-JAN-24
30-APR-24
30-APR-24
02-MAY-24
06-MAY-24
30-APR-24
22-APR-24
01-MAY-24
24-APR-24
22-APR-24
02-APR-24
34.30 37.54
454.66
16.69 129.19
52.80 52.36
74.38 111.58
210.78
344.58
61.16 387.53
105.74
222.20
47.25 1.76
244.16
235.53
509.64
52.31 -798.08
2,539.59
114.10
798.08
3,413.88
TOTAL FOR CHECK:
TOTAL FOR CHECK:
TOTAL FOR CHECK:
TOTAL FOR CHECK:
TOTAL FOR CHECK:
TOTAL FOR CHECK:
71.84 600.54
1,916.28
3,451.17
3,413.88
274568
274717
274332
273763
274515
274896
274640
274689
274727
274727
274727
274576
274613
274628
274577
274773
274781
274901
274630
274870
274711
274592
274890
274606
274592
274474
Attachment 5, Vendor ePayables
#16..
- 676 -
Bank: BMO BMO Main
Branch
Branch: BMO E-Payables
(Main)
Account:
CHECK
NUMBER
VENDOR
NAME SITE INVOICE NUMBER
INVOICE
DATE
PAYMENT
AMOUNT
** CITY OF MODESTO **
REPORT ID: COMAPCHKREG.rdf PAYMENT CHECK REGISTER
03-JUN-24 Page: 25
PO
NUMBER
816795
816796
816797
816798
816799
816800
UNITED ROTARY
BRUSH CORP
AIRGAS NCN
AMERICAN CHILLER
CO
AMERICAN LUMBER
CO
AMERICAN
REFRIGERATION
ANIXTER
9147824028
9147549899
9147350847
9148224605
9148686055
9148048672
9148957111
9148509859
71865
71748
13553
13618
13175
13195
13262
12882
13432
30788040
30785002
30804049
30797474
22K521077
22K520659
22K519596
22K520095
11-MAR-24
04-MAR-24
26-FEB-24
25-MAR-24
08-APR-24
18-MAR-24
15-APR-24
01-APR-24
05-MAY-24
30-APR-24
06-MAY-24
07-MAY-24
24-APR-24
24-APR-24
25-APR-24
15-APR-24
30-APR-24
10-APR-24
05-APR-24
29-APR-24
22-APR-24
26-MAR-24
11-MAR-24
11-MAR-24
14-MAR-24
77.68 77.68
96.42 52.68
58.92 102.67
52.68 52.67
4,398.75
765.00
31.62 598.73
407.88
39.84 44.14
8.46 33.80
5.63 25.69
28.43 216.09
721.94
3,328.05
57.47 -551.84
TOTAL FOR CHECK:
TOTAL FOR CHECK:
TOTAL FOR CHECK:
TOTAL FOR CHECK:
TOTAL FOR CHECK:
571.40
5,163.75
1,164.47
275.84
3,555.62
274233
271492
271483
274242
274247
274234
275047
274248
275480
274785
274823
274956
274906
274786
275190
274427
275184
275187
275186
275188
275185
274428
274429
274430
270744
Attachment 5, Vendor ePayables
#16..
- 677 -
Bank: BMO BMO Main
Branch
Branch: BMO E-Payables
(Main)
Account:
CHECK
NUMBER
VENDOR
NAME SITE INVOICE NUMBER
INVOICE
DATE
PAYMENT
AMOUNT
** CITY OF MODESTO **
REPORT ID: COMAPCHKREG.rdf PAYMENT CHECK REGISTER
03-JUN-24 Page: 26
PO
NUMBER
816801 ARAMARK UNIFORM
SERVICE
5040307745
5040288162
5040294699
5040291420
5040294697
5040291421
5040291422
5040294698
5040186215
5040186224
5040186226
5040252697
5040186223
5040186225
5040182691
5040182674
5040182690
5040182697
5040186229
5040252701
5040291413
5040208363
5040218424
5040215079
5040211721
5040205098
5040182694
5040186228
5040182693
5040182692
5040182696
5040186211
5040182678
5040284884
07-MAY-24
26-MAR-24
09-APR-24
02-APR-24
09-APR-24
02-APR-24
02-APR-24
09-APR-24
24-AUG-23
24-AUG-23
24-AUG-23
10-JAN-24
24-AUG-23
24-AUG-23
17-AUG-23
17-AUG-23
17-AUG-23
17-AUG-23
24-AUG-23
10-JAN-24
02-APR-24
10-OCT-23
31-OCT-23
24-OCT-23
17-OCT-23
03-OCT-23
17-AUG-23
24-AUG-23
17-AUG-23
17-AUG-23
17-AUG-23
24-AUG-23
17-AUG-23
19-MAR-24
15.70 26.81
48.18 233.26
163.02
16.89 48.18
16.89 31.00
23.50 25.25
23.50 30.25
21.50 23.50
21.00 30.25
31.75 21.00
23.50 118.20
171.82
171.01
165.66
169.60
171.82
34.75 21.00
25.25 21.50
21.00 21.00
31.00 50.97
275298
275040
275244
275241
275242
275245
275246
275247
256403
256404
256401
274645
256398
256400
255818
255819
255824
255820
256397
274641
274772
274886
274885
274888
274884
274887
255826
256399
255821
255822
255825
256405
255827
275036
Attachment 5, Vendor ePayables
#16..
- 678 -
Bank: BMO BMO Main
Branch
Branch: BMO E-Payables
(Main)
Account:
CHECK
NUMBER
VENDOR
NAME SITE INVOICE NUMBER
INVOICE
DATE
PAYMENT
AMOUNT
** CITY OF MODESTO **
REPORT ID: COMAPCHKREG.rdf PAYMENT CHECK REGISTER
03-JUN-24 Page: 27
PO
NUMBER
816801
816802
816803
816804
816805
816806
816807
816808
ARAMARK UNIFORM
SERVICE
AT&T MOBILITY
B I C SECURITY
SYSTEMS
BARNES WELDING
SUPPLY
BONANDER TRUCK &
TRAILER
BRADY IFS (FKA
CENTRAL SANITARY
SUPPLY)
BURTON'S FIRE INC
CHOICE LIGHTING
SUPPLY CORP
5040182695
5040288163
5040186227
5040294700
5040284883
5040294701
5040307727
287274763432X04
222024
215614
63378679
920010
8846353
8857568
8838973
8580620
8642445
8621696
64180
64124
352259
352022
352377
17-AUG-23
26-MAR-24
24-AUG-23
09-APR-24
19-MAR-24
09-APR-24
07-MAY-24
14-APR-24
01-MAY-24
07-MAY-24
03-MAY-24
06-MAY-24
09-MAY-24
02-MAY-24
18-JAN-24
13-FEB-24
05-FEB-24
03-MAY-24
30-APR-24
24-APR-24
09-APR-24
01-MAY-24
21.00 50.97
34.75 28.46
26.81 50.97
18.15 14,501.28
91.67 193.75
429.82
469.47
96.79 1,139.79
93.58 29.40
105.53
62.86 91.36
49.98 58.68
293.64
TOTAL FOR CHECK:
TOTAL FOR CHECK:
TOTAL FOR CHECK:
TOTAL FOR CHECK:
TOTAL FOR CHECK:
TOTAL FOR CHECK:
TOTAL FOR CHECK:
TOTAL FOR CHECK:
2,300.62
14,501.28
91.67 193.75
429.82
1,934.56
154.22
402.30
255823
275037
256406
275041
275039
275038
275299
N/A
275052
275401
275126
275393
275399
275209
275104
275104
275104
275347
275317
275032
274826
275079
Attachment 5, Vendor ePayables
#16..
- 679 -
Bank: BMO BMO Main
Branch
Branch: BMO E-Payables
(Main)
Account:
CHECK
NUMBER
VENDOR
NAME SITE INVOICE NUMBER
INVOICE
DATE
PAYMENT
AMOUNT
** CITY OF MODESTO **
REPORT ID: COMAPCHKREG.rdf PAYMENT CHECK REGISTER
03-JUN-24 Page: 28
PO
NUMBER
816809
816810
816811
816812
816813
816814
816815
816816
DITTOS
FIRST CHOICE
INDUSTRIAL SUPPLY
COMPANY
GREEN RUBBER
KENNEDY AG LLP
HARD DRIVE
GRAPHICS
HUGHSON FARM
SUPPLY
IDN-WILCO
INTERSTATE SALES
INTERSTATE TRUCK
CENTER
206409
206381
099526
M-505686
M-508683
M-507300
M-508660
M-507838
M-508572
M-507739
M-507421
M-508395
38276
38283
H490136
10431158-01
15250
02P488119
02P506816
02P501871
02P427470
02P493527
02P476234
02P493881
22-APR-24
12-APR-24
03-MAY-24
21-FEB-24
01-MAY-24
29-MAR-24
01-MAY-24
11-APR-24
30-APR-24
09-APR-24
02-APR-24
25-APR-24
24-APR-24
08-MAY-24
24-APR-24
14-MAR-24
29-APR-24
10-MAY-24
01-MAY-24
10-MAY-24
10-MAY-24
14-FEB-24
02-NOV-23
15-FEB-24
819.16
313.65
175.83
271.25
27.79 3.60
40.51 370.89
94.93 173.37
471.87
118.72
119.74
173.08
67.05 519.33
3,395.60
-11.97
753.32
-54.44
-201.52
3,119.25
114.31
-269.20
TOTAL FOR CHECK:
TOTAL FOR CHECK:
TOTAL FOR CHECK:
TOTAL FOR CHECK:
TOTAL FOR CHECK:
TOTAL FOR CHECK:
TOTAL FOR CHECK:
1,132.81
175.83
1,572.93
292.82
67.05 519.33
3,395.60
275084
275314
274363
270660
275114
275115
275115
275275
275115
275115
275206
275115
274652
275311
274856
274834
274889
N/A
275255
N/A
N/A
275108
274874
275108
Attachment 5, Vendor ePayables
#16..
- 680 -
Bank: BMO BMO Main
Branch
Branch: BMO E-Payables
(Main)
Account:
CHECK
NUMBER
VENDOR
NAME SITE INVOICE NUMBER
INVOICE
DATE
PAYMENT
AMOUNT
** CITY OF MODESTO **
REPORT ID: COMAPCHKREG.rdf PAYMENT CHECK REGISTER
03-JUN-24 Page: 29
PO
NUMBER
816816
816817
816818
816819
816820
816821
816822
INTERSTATE TRUCK
CENTER
J S WEST PROPANE
GAS
JORGENSEN AND CO
L.N. CURTIS & SONS
MID CAL MOVING &
STORAGE CO
MODESTO STEEL
PACE SUPPLY
CORPORATION
02P493345
02P492910
02P466929
02P506960
02P507230
02P507196
02P507015
02P506879
02P435690
28638
935089
536979
949011
738724
550435
6109286
6127028
INV816840
12709
428387
435205
59490468
59490493
59482449
59473924
13-FEB-24
13-FEB-24
21-FEB-24
02-MAY-24
03-MAY-24
03-MAY-24
02-MAY-24
02-MAY-24
10-MAY-24
30-APR-24
29-APR-24
25-APR-24
19-APR-24
07-MAY-24
25-APR-24
18-JAN-24
22-APR-24
24-APR-24
01-MAY-24
12-FEB-24
29-APR-24
10-MAY-24
13-MAY-24
07-MAY-24
06-MAY-24
21.54 386.50
627.60
932.84
814.53
89.92 24.01
4.76 -201.52
36.75 75.94
102.89
351.12
25.31 60.43
18.30 533.00
2,966.84
60.00 46.93
1,768.98
338.55
570.88
24.26 738.28
TOTAL FOR CHECK:
TOTAL FOR CHECK:
TOTAL FOR CHECK:
TOTAL FOR CHECK:
TOTAL FOR CHECK:
TOTAL FOR CHECK:
6,149.93
652.44
551.30
2,966.84
60.00 1,815.91
275107
275107
275107
275253
275256
275254
275254
275254
N/A
274895
274895
274894
275493
275482
274893
264775
274984
274897
275055
274965
275270
275024
274972
274822
274544
Attachment 5, Vendor ePayables
#16..
- 681 -
Bank: BMO BMO Main
Branch
Branch: BMO E-Payables
(Main)
Account:
CHECK
NUMBER
VENDOR
NAME SITE INVOICE NUMBER
INVOICE
DATE
PAYMENT
AMOUNT
** CITY OF MODESTO **
REPORT ID: COMAPCHKREG.rdf PAYMENT CHECK REGISTER
03-JUN-24 Page: 30
PO
NUMBER
816822
816823
816824
816825
816826
816827
816828
PACE SUPPLY
CORPORATION
PACIFIC STORAGE
COMPANY
SAFE-T-LITE OF
MODESTO INC
AIRGAS NCN
AMERICAN
CHEVROLET
AMERICAN CHILLER
CO
AMERICAN LUMBER
CO
59486192
2218280
2218283
2218287
2218288
2218270
5207161
5207162
2218281
397619
397484
397518
397485
9149183538
916142
916148
71924
13462
13706
13889
13433
13368
13725
13547
13840
08-MAY-24
30-APR-24
30-APR-24
30-APR-24
30-APR-24
30-APR-24
30-APR-24
30-APR-24
30-APR-24
09-MAY-24
02-MAY-24
06-MAY-24
02-MAY-24
22-APR-24
07-MAY-24
07-MAY-24
14-MAY-24
01-MAY-24
09-MAY-24
14-MAY-24
01-MAY-24
30-APR-24
09-MAY-24
06-MAY-24
14-MAY-24
39.08 55.00
3.52 84.92
169.08
262.81
60.95 111.57
464.12
250.07
249.47
1,034.49
79.26 77.68
74.51 443.45
4,120.00
741.40
7.73 751.85
336.64
97.77 220.96
43.77 412.53
TOTAL FOR CHECK:
TOTAL FOR CHECK:
TOTAL FOR CHECK:
TOTAL FOR CHECK:
TOTAL FOR CHECK:
TOTAL FOR CHECK:
1,711.05
1,211.97
1,613.29
77.68 517.96
4,120.00
274818
274969
275300
275300
275014
274957
274957
274864
275543
275532
275309
275263
275310
275498
275639
275638
276091
275596
275606
275478
275613
275616
276074
275624
276080
Attachment 5, Vendor ePayables
#16..
- 682 -
Bank: BMO BMO Main
Branch
Branch: BMO E-Payables
(Main)
Account:
CHECK
NUMBER
VENDOR
NAME SITE INVOICE NUMBER
INVOICE
DATE
PAYMENT
AMOUNT
** CITY OF MODESTO **
REPORT ID: COMAPCHKREG.rdf PAYMENT CHECK REGISTER
03-JUN-24 Page: 31
PO
NUMBER
816828
816829
816830
816831
816832
816833
AMERICAN LUMBER
CO
ARAMARK UNIFORM
SERVICE
B I C SECURITY
SYSTEMS
BARNES WELDING
SUPPLY
BIG VALLEY FORD
BONANDER TRUCK &
TRAILER
13843
13664
13571
5040307840
5040308617
5040308627
5040308924
5040308914
5040308906
5040308912
5040308926
5040308822
5040308909
5040308837
5040308922
5040308816
5040266682
5040308808
5040308803
5040308917
215600
91653215
91653219
615550
185326
14-MAY-24
08-MAY-24
06-MAY-24
07-MAY-24
08-MAY-24
08-MAY-24
09-MAY-24
09-MAY-24
09-MAY-24
09-MAY-24
09-MAY-24
09-MAY-24
09-MAY-24
09-MAY-24
09-MAY-24
09-MAY-24
08-FEB-24
09-MAY-24
09-MAY-24
09-MAY-24
01-MAY-24
30-APR-24
30-APR-24
08-MAY-24
11-APR-24
193.96
3.10 213.82
42.55 23.50
23.50 21.00
25.25 30.25
21.50 31.75
21.00 23.50
31.00 21.00
13.18 21.00
13.13 11.53
34.75 46.00
27.26 45.85
158.09
501.00
TOTAL FOR CHECK:
TOTAL FOR CHECK:
TOTAL FOR CHECK:
TOTAL FOR CHECK:
TOTAL FOR CHECK:
TOTAL FOR CHECK:
3,023.53
409.39
46.00 73.11
158.09
501.00
275928
275922
275623
275374
275372
275370
275425
275428
275426
275427
275429
275430
275433
275432
275431
275435
275447
275434
275443
275436
275335
275274
275272
275633
275704
Attachment 5, Vendor ePayables
#16..
- 683 -
Bank: BMO BMO Main
Branch
Branch: BMO E-Payables
(Main)
Account:
CHECK
NUMBER
VENDOR
NAME SITE INVOICE NUMBER
INVOICE
DATE
PAYMENT
AMOUNT
** CITY OF MODESTO **
REPORT ID: COMAPCHKREG.rdf PAYMENT CHECK REGISTER
03-JUN-24 Page: 32
PO
NUMBER
816834
816835
816836
816837
816838
BRADY IFS (FKA
CENTRAL SANITARY
SUPPLY)
BURTON'S FIRE INC
CAPITAL RUBBER
CHOICE LIGHTING
SUPPLY CORP
DITTOS
8861138
8859600
8857427
8856066
8872602
8872603
8870828
8847430
8863036
8865101
8861504
8865862
8855571
8851951
8849019
8861137
S64181
S64226
30004238
30004760
352118
351795
352462
352404
352071
206913
207146
206650
10-MAY-24
09-MAY-24
09-MAY-24
08-MAY-24
15-MAY-24
15-MAY-24
14-MAY-24
06-MAY-24
10-MAY-24
13-MAY-24
10-MAY-24
13-MAY-24
08-MAY-24
07-MAY-24
07-MAY-24
10-MAY-24
07-MAY-24
07-MAY-24
06-MAY-24
15-MAY-24
16-APR-24
27-MAR-24
07-MAY-24
02-MAY-24
11-APR-24
01-MAY-24
13-MAY-24
19-APR-24
816.72
162.58
121.96
313.39
328.32
1,397.41
1,206.99
785.65
50.51 86.44
117.37
43.13 926.18
199.76
24.38 338.76
402.01
957.57
261.22
1,747.68
15.19 141.48
779.99
107.74
272.08
54.43 569.21
117.05
TOTAL FOR CHECK:
TOTAL FOR CHECK:
TOTAL FOR CHECK:
TOTAL FOR CHECK:
6,919.55
1,359.58
2,008.90
1,316.48
275197
274810
274871
275866
275479
275376
275388
276143
276143
273962
275570
275690
274810
274868
274871
274810
275789
275790
274869
275390
274093
274093
275767
274846
274093
275189
275913
275816
Attachment 5, Vendor ePayables
#16..
- 684 -
Bank: BMO BMO Main
Branch
Branch: BMO E-Payables
(Main)
Account:
CHECK
NUMBER
VENDOR
NAME SITE INVOICE NUMBER
INVOICE
DATE
PAYMENT
AMOUNT
** CITY OF MODESTO **
REPORT ID: COMAPCHKREG.rdf PAYMENT CHECK REGISTER
03-JUN-24 Page: 33
PO
NUMBER
816838
816839
816840
816841
816842
816843
816844
816845
DITTOS
DON PEDRO PUMP INC
DOUBLE TREE BY
HILTON MODESTO
FIRST CHOICE
INDUSTRIAL SUPPLY
COMPANY
FLORY INDUSTRIES
INC
GREEN RUBBER
KENNEDY AG LLP
HUGHSON FARM
SUPPLY
INTERSTATE TRUCK
CENTER
206551
29655
60970A
80559
099739
487023
M-508900
M-508902
M-508950
M-509235
M-508899
H491607
02P500244
02P509780
02P499232
02P507435
02P508655
02P508003
02P508567
02P508934
02P502962
02P507660
02P507987
02P507988
19-APR-24
30-APR-24
16-MAY-24
09-MAY-24
10-MAY-24
14-MAY-24
07-MAY-24
07-MAY-24
08-MAY-24
15-MAY-24
07-MAY-24
07-MAY-24
26-MAR-24
18-MAY-24
03-APR-24
06-MAY-24
13-MAY-24
10-MAY-24
11-MAY-24
14-MAY-24
12-APR-24
07-MAY-24
08-MAY-24
08-MAY-24
76.22 25,196.17
685.97
524.00
698.98
811.83
98.57 612.41
141.02
13.08 53.85
41.49 1,952.66
38.60 570.68
98.99 2,267.24
109.32
398.11
102.88
61.51 100.20
37.61 241.54
TOTAL FOR CHECK:
TOTAL FOR CHECK:
TOTAL FOR CHECK:
TOTAL FOR CHECK:
TOTAL FOR CHECK:
TOTAL FOR CHECK:
TOTAL FOR CHECK:
816.91
25,196.17
1,209.97
698.98
811.83
918.93
41.49 275814
276120
275885
N/A
275384
275914
275643
275643
275916
276081
275643
276142
275582
276048
275582
275582
275749
275749
275749
275698
275865
275806
275806
275806
Attachment 5, Vendor ePayables
#16..
- 685 -
Bank: BMO BMO Main
Branch
Branch: BMO E-Payables
(Main)
Account:
CHECK
NUMBER
VENDOR
NAME SITE INVOICE NUMBER
INVOICE
DATE
PAYMENT
AMOUNT
** CITY OF MODESTO **
REPORT ID: COMAPCHKREG.rdf PAYMENT CHECK REGISTER
03-JUN-24 Page: 34
PO
NUMBER
816845
816846
816847
816848
816849
816850
816851
816852
INTERSTATE TRUCK
CENTER
J S WEST PROPANE
GAS
JORGENSEN AND CO
KRAZAN &
ASSOCIATES INC
MCCOY TRUCK TIRE
SERVICE CTR
O'REILLY AUTO
PARTS/FIRST CALL
PACE SUPPLY
CORPORATION
PACIFIC BOLT
COMPANY INC
02P507540
02P507609
02P507492
02P507506
02P501777
139215
6097877
6091109
6109358
6129014
6112908
G600064-17543
G600101-17543
10156449
10156633
10156476
10156445
2559-328864
2559-328865
59502474
59498990
M90578
M90645
07-MAY-24
07-MAY-24
06-MAY-24
06-MAY-24
02-APR-24
30-JAN-24
31-OCT-23
26-SEP-23
18-JAN-24
30-APR-24
05-FEB-24
30-APR-24
30-APR-24
08-MAY-24
11-MAY-24
02-MAY-24
08-MAY-24
24-APR-24
24-APR-24
16-MAY-24
14-MAY-24
07-MAY-24
10-MAY-24
2,624.99
395.56
373.44
1,034.95
48.71 197.06
366.78
343.64
190.39
460.79
242.72
540.00
1,540.00
4,509.23
4,061.52
5,451.73
2,082.43
15.46 38.44
17.71 246.80
79.52 45.73
TOTAL FOR CHECK:
TOTAL FOR CHECK:
TOTAL FOR CHECK:
TOTAL FOR CHECK:
TOTAL FOR CHECK:
TOTAL FOR CHECK:
TOTAL FOR CHECK:
TOTAL FOR CHECK:
10,456.99
197.06
1,604.32
2,080.00
16,104.91
53.90 264.51
125.25
275877
275877
275879
275879
275582
273360
245119
275560
276139
276140
275386
275887
251027
275580
275890
275875
275580
276002
276002
275377
275211
275776
275777
Attachment 5, Vendor ePayables
#16..
- 686 -
Bank: BMO BMO Main
Branch
Branch: BMO E-Payables
(Main)
Account:
CHECK
NUMBER
VENDOR
NAME SITE INVOICE NUMBER
INVOICE
DATE
PAYMENT
AMOUNT
** CITY OF MODESTO **
REPORT ID: COMAPCHKREG.rdf PAYMENT CHECK REGISTER
03-JUN-24 Page: 35
PO
NUMBER
816852
816853
816854
816855
816856
816857
816858
PACIFIC BOLT
COMPANY INC
PACIFIC STORAGE
COMPANY
SAFE-T-LITE OF
MODESTO INC
WESTURF NURSERY
AIRGAS NCN
AMERICAN LUMBER
CO
ARAMARK UNIFORM
SERVICE
2218279
5207160
397234
397637
397589
397608
397636
949823
947079
946792
947082
942404
949722
9149429487
12234
13921
5040312460
5040312474
5040312453
5040312455
5040312478
5040312458
5040312472
5040311808
5040311095
30-APR-24
30-APR-24
22-APR-24
10-MAY-24
08-MAY-24
09-MAY-24
10-MAY-24
18-APR-24
04-APR-24
03-APR-24
04-APR-24
12-MAR-24
17-APR-24
30-APR-24
26-MAR-24
15-MAY-24
16-MAY-24
16-MAY-24
16-MAY-24
16-MAY-24
16-MAY-24
16-MAY-24
16-MAY-24
15-MAY-24
14-MAY-24
29.04 55.79
463.86
101.89
165.87
50.86 2,766.31
34.98 78.37
1,437.13
189.57
544.37
487.56
96.42 81.64
14.90 21.00
25.25 11.53
13.13 31.75
13.18 23.50
23.50 42.55
TOTAL FOR CHECK:
TOTAL FOR CHECK:
TOTAL FOR CHECK:
TOTAL FOR CHECK:
TOTAL FOR CHECK:
84.83 3,548.79
2,771.98
96.42 96.54
275072
275043
275464
275894
275918
275856
275895
275359
275359
275359
275359
275359
275359
276023
276185
276348
276197
276199
276196
276195
276194
276193
276192
276190
276010
Attachment 5, Vendor ePayables
#16..
- 687 -
Bank: BMO BMO Main
Branch
Branch: BMO E-Payables
(Main)
Account:
CHECK
NUMBER
VENDOR
NAME SITE INVOICE NUMBER
INVOICE
DATE
PAYMENT
AMOUNT
** CITY OF MODESTO **
REPORT ID: COMAPCHKREG.rdf PAYMENT CHECK REGISTER
03-JUN-24 Page: 36
PO
NUMBER
816858
816859
816860
816861
816862
816863
816864
ARAMARK UNIFORM
SERVICE
B I C SECURITY
SYSTEMS
BARNES WELDING
SUPPLY
BRADY IFS (FKA
CENTRAL SANITARY
SUPPLY)
CHOICE LIGHTING
SUPPLY CORP
CLARK PEST
CONTROL
DITTOS
5040311798
5040310318
5040312473
5040312477
5040312476
5040312471
5040312475
5040312464
214930
215115
63373771
8769066
8775730
8876801
352606
352358
352353
P-3-24
F-4-24
P-4-24
34967645
BS-4-24
BS-3-24
207414
207519
15-MAY-24
13-MAY-24
16-MAY-24
16-MAY-24
16-MAY-24
16-MAY-24
16-MAY-24
16-MAY-24
01-APR-24
01-MAY-24
30-APR-24
04-APR-24
05-APR-24
16-MAY-24
15-MAY-24
30-APR-24
30-APR-24
07-MAR-24
08-APR-24
08-APR-24
12-MAR-24
19-APR-24
01-MAR-24
15-MAY-24
22-MAY-24
23.50 15.35
21.50 21.00
21.00 30.25
34.75 31.00
36.00 86.30
17.73 80.35
-80.35
201.37
228.48
228.48
86.89 545.00
80.00 545.00
1,405.00
1,365.00
3,763.00
54.43 217.73
TOTAL FOR CHECK:
TOTAL FOR CHECK:
TOTAL FOR CHECK:
TOTAL FOR CHECK:
TOTAL FOR CHECK:
TOTAL FOR CHECK:
403.74
122.30
17.73 201.37
543.85
7,703.00
276191
276009
276204
276203
276200
276201
276202
276198
276137
276131
276062
259296
259296
275376
276346
276258
276257
276242
276243
276244
276167
276245
276207
276381
276382
Attachment 5, Vendor ePayables
#16..
- 688 -
Bank: BMO BMO Main
Branch
Branch: BMO E-Payables
(Main)
Account:
CHECK
NUMBER
VENDOR
NAME SITE INVOICE NUMBER
INVOICE
DATE
PAYMENT
AMOUNT
** CITY OF MODESTO **
REPORT ID: COMAPCHKREG.rdf PAYMENT CHECK REGISTER
03-JUN-24 Page: 37
PO
NUMBER
816864
816865
816866
816867
816868
816869
816870
816871
816872
DITTOS
FLORY INDUSTRIES
INC
HARTLEY AND
ASSOCIATES
INTERSTATE SALES
INTERSTATE TRUCK
CENTER
J S WEST PROPANE
GAS
JORGENSEN AND CO
L.N. CURTIS & SONS
PACE SUPPLY
CORPORATION
207805
207379
207044
207306
207043
206204
207666
484056
1778A258
15249
02P508617
02P509182
02P508757
439442
6092788
6114763
6122158
INV824924
59526463
59526421
59518281
22-MAY-24
17-MAY-24
06-MAY-24
13-MAY-24
06-MAY-24
11-APR-24
21-MAY-24
27-MAR-24
16-MAY-24
20-MAY-24
13-MAY-24
16-MAY-24
13-MAY-24
24-MAY-24
02-OCT-23
15-FEB-24
26-MAR-24
17-MAY-24
23-MAY-24
22-MAY-24
20-MAY-24
21.50 49.00
163.31
119.99
163.31
54.43 676.11
24.27 10.06
3,385.60
306.18
376.64
2,814.93
85.74 166.97
1,154.10
952.66
1,894.43
41.24 44.64
21.34 TOTAL FOR CHECK:
TOTAL FOR CHECK:
TOTAL FOR CHECK:
TOTAL FOR CHECK:
TOTAL FOR CHECK:
TOTAL FOR CHECK:
TOTAL FOR CHECK:
TOTAL FOR CHECK:
TOTAL FOR CHECK:
1,519.81
24.27 10.06
3,385.60
3,497.75
85.74 2,273.73
1,894.43
107.22
276468
276189
276379
276312
276380
276315
276296
276313
276347
276090
276172
276172
276172
276458
275847
276014
275848
263249
276030
276036
275825
Attachment 5, Vendor ePayables
#16..
- 689 -
Bank: BMO BMO Main
Branch
Branch: BMO E-Payables
(Main)
Account:
CHECK
NUMBER
VENDOR
NAME SITE INVOICE NUMBER
INVOICE
DATE
PAYMENT
AMOUNT
** CITY OF MODESTO **
REPORT ID: COMAPCHKREG.rdf PAYMENT CHECK REGISTER
03-JUN-24 Page: 38
PO
NUMBER
Total: 983 411,800.26
816873
816874
816875
596847
PACIFIC STORAGE
COMPANY
SAFE-T-LITE OF
MODESTO INC
WESTURF NURSERY
DON PEDRO PUMP INC
2217160
2218274
2217704
2217701
397780
957587
949848
29650
29-FEB-24
30-APR-24
31-MAR-24
31-MAR-24
21-MAY-24
21-MAY-24
18-APR-24
30-APR-24
420.00
90.89 13.64
339.26
172.43
113.16
54.40 18,226.51
TOTAL FOR CHECK:
TOTAL FOR CHECK:
TOTAL FOR CHECK:
TOTAL FOR CHECK:
863.79
172.43
167.56
18,226.51
276133
275985
276230
276133
276127
276270
276319
276119
Attachment 5, Vendor ePayables
#16..
- 690 -
1/1/1900 Attachment 6 - Vendor Wire May 2024
1/1/1900 (1,000.00)
DATE Vendor Amount
5/1/2024 CalPers (PPE 04/22/24 ) 1,108,872.50
5/9/2024 Optum Bank (PPE 5/06/24) 16,913.11
5/9/2024 Charles Schwab (PPE 5/06/24) 33,255.00
5/10/2024 MissionSquare ICMA 401 (PPE 5/06/24) 13,745.56 5/10/2024 MissionSquare ICMA 457 (PPE 5/06/24) 247,412.76 5/10/2024 MissionSquare ICMA IRA (PPE 5/06/24) 6,197.37 5/10/2024 MissionSquare ICMA RHS (PPE 5/06/24) 47,482.50 5/10/2024 Federal Payroll Taxes (PPE 5/06/24) 573,622.15 5/10/2024 State Payroll Taxes (PPE 5/06/24) 186,004.43
5/10/2024 State Disability Insursance (PPE 5/06/24) 27,788.91 5/15/2024 CalPers (PPE 5/06/24) 1,107,798.89
5/20/2024 Optum Bank (PPE 5/20/24) 16,697.64
5/20/2024 Charles Schwab (PPE 5/20/24) 33,310.00
5/24/2024 MissionSquare ICMA 401 (PPE 5/20/24) 13,566.68 5/24/2024 MissionSquare ICMA 457 (PPE 5/20/24) 232,380.75 5/24/2024 MissionSquare ICMA IRA (PPE 5/20/24) 6,197.37 5/24/2024 MissionSquare ICMA RHS (PPE 5/20/24) 46,420.00 5/24/2024 Federal Payroll Taxes (PPE 5/20/24) 590,314.01 5/24/2024 State Payroll Taxes (PPE 5/20/24) 195,132.59
5/24/2024 State Disability Insursance (PPE 5/20/24) 28,188.65 5/30/2024 CalPers (PPE 5/20/24) 1,108,654.21
5,639,955.08
#16..
- 691 -
6/3/24, 1:27 PM comprodapp122.modesto.prv:8000/OA_CGI/FNDWRR.exe?temp_id=1653190887 comprodapp122.modesto.prv:8000/OA_CGI/FNDWRR.exe?temp_id=1653190887 1/19 CoM PRIMARY Report Date: 03-JUN-2024 13:14
Void Payment Register Page: 1
Include Zero Amount Payments: No Period From: 01-MAY-24 To: 31-MAY-24 Display Payee Address: Yes Date: Void Date
Bank: BMO Branch: BMO Main Branch Account: BMO Main Account AP Checks Bank Account Currency: USD Payment Currency: USD ( US Dollar ) Payment Number Date Payee Name Site Address Payment Amount Void Date --------------- --------- --------------------------- --------------- --------------------------------- ----------------- --------- Payment Document: CoM AP BoTW Check
585789 06-OCT-23 CoM Utilities MODESTO 1010, 10th Street 53.35 16-MAY-24 Modesto, CA 95354
United States
586480 20-OCT-23 CoM Utilities MODESTO 1010, 10th Street 987.22 02-MAY-24 Modesto, CA 95354
United States
589045 15-DEC-23 BADGER METER MAIN BOX 88223 394.32 09-MAY-24 MILWAUKEE, WI 53288
United States
589050 15-DEC-23 BERTOLOTTI MODESTO DISPOSAL MAIN P O BOX 157 405.79 30-MAY-24 CERES, CA 95307
United States
592982 08-MAR-24 CoM Utilities MODESTO 1010, 10th Street 154.67 02-MAY-24 Modesto, CA 95354
United States
594457 05-APR-24 MONDAY.COM LTD MAIN 6 YITZHAK SADEH STREET 13,680.00 02-MAY-24 TEL AVIV, 6777506
Israel
594776 12-APR-24 RACKSPACE GOVERNMENT SOLUTI MAIN2 19122 US HIGHWAY 281 N STE 128 3,700.00 23-MAY-24 SAN ANTONIO, TX 78258-7667
United States
594893 19-APR-24 COM TRAKIT MODESTO 1010 10TH STREET 752.00 09-MAY-24 MODESTO, CA 95354
United States
594908 19-APR-24 CoM Utilities MODESTO 1010, 10th Street 235.88 16-MAY-24 Modesto, CA 95354
United States
594923 19-APR-24 CoM Utilities MODESTO 1010, 10th Street 217.54 16-MAY-24 Modesto, CA 95354
United States
594974 19-APR-24 BONANDER TRUCK & TRAILER MAIN 4520 N GOLDEN STATE BLVD 4,373.40 02-MAY-24 TURLOCK, CA 95382
United States
Attachment 7, Voided Checks
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6/3/24, 1:27 PM comprodapp122.modesto.prv:8000/OA_CGI/FNDWRR.exe?temp_id=1653190887 comprodapp122.modesto.prv:8000/OA_CGI/FNDWRR.exe?temp_id=1653190887 2/19 595144 19-APR-24 UNITED STATES POSTAL SVC MAIN 715 KEARNEY AVENUE 1,690.00 09-MAY-24 MODESTO, CA 95350
United States
595163 26-APR-24 Beauchene, Daniel (Dan) OFFICE 46.66 02-MAY-24 595219 26-APR-24 COM TRAKIT MODESTO 1010 10TH STREET 203.45 09-MAY-24 MODESTO, CA 95354
United States
595231 26-APR-24 CoM Utilities MODESTO 1010, 10th Street 588.49 09-MAY-24 Modesto, CA 95354
United States
595427 26-APR-24 PAINT THE GLOBE MAIN 4032 GROSVENOR LANE 425.00 02-MAY-24 SALIDA, CA 95368
United States
595429 26-APR-24 PERISCOPE HOLDINGS INC MAIN DEPT 3608 665.00 16-MAY-24 CoM PRIMARY Report Date: 03-JUN-2024 13:14
Void Payment Register Page: 2
Include Zero Amount Payments: No Period From: 01-MAY-24 To: 31-MAY-24 Display Payee Address: Yes Date: Void Date
Bank: BMO Branch: BMO Main Branch Account: BMO Main Account AP Checks Bank Account Currency: USD Payment Currency: USD ( US Dollar ) Payment Number Date Payee Name Site Address Payment Amount Void Date --------------- --------- --------------------------- --------------- --------------------------------- ----------------- --------- Payment Document: CoM AP BoTW Check
595429 DEPT 3608
P O BOX 123608
DALLAS, TX 75312
United States
595643 03-MAY-24 Beauchene, Daniel (Dan) OFFICE 46.66 09-MAY-24 595661 03-MAY-24 Jenkins, Heidi Diane OFFICE 1,485.90 23-MAY-24 595760 03-MAY-24 CoM Utilities MODESTO 1010, 10th Street 98.80 23-MAY-24 Modesto, CA 95354
United States
595832 03-MAY-24 CALIFORNIA LANDSCAPE SUPPLY MAIN 4107 MORGAN ROAD 4,530.81 09-MAY-24 CERES, CA 95307
United States
595863 03-MAY-24 CONSERVATION CORPS STATE OF MAIN ACCOUNTS RECEIVABLE 463.94 09-MAY-24 1719 24TH STREET
SACRAMENTO, CA 95816
United States
595980 03-MAY-24 RACKSPACE GOVERNMENT SOLUTI MAIN2 19122 US HIGHWAY 281 N STE 128 555.00 23-MAY-24 SAN ANTONIO, TX 78258-7667
United States
596253 10-MAY-24 MODESTO IRRIGATION DIST MAIN P O BOX 5355 312,830.66 16-MAY-24 Attachment 7, Voided Checks
#16..
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6/3/24, 1:27 PM comprodapp122.modesto.prv:8000/OA_CGI/FNDWRR.exe?temp_id=1653190887 comprodapp122.modesto.prv:8000/OA_CGI/FNDWRR.exe?temp_id=1653190887 3/19 MODESTO, CA 95352-5355
United States
596287 10-MAY-24 RACKSPACE GOVERNMENT SOLUTI MAIN2 19122 US HIGHWAY 281 N STE 128 462.50 23-MAY-24 SAN ANTONIO, TX 78258-7667
United States
-----------------
Payment Document Subtotal 349,047.04
-----------------
Bank Account Subtotal 349,047.04
CoM PRIMARY Report Date: 03-JUN-2024 13:14
Void Payment Register Page: 3
Include Zero Amount Payments: No Period From: 01-MAY-24 To: 31-MAY-24 Display Payee Address: Yes Date: Void Date
Bank: BMO Branch: BMO Main Branch Account: BoTW Main Acount AP Checks Bank Account Currency: USD Payment Currency: USD ( US Dollar ) Payment Number Date Payee Name Site Address Payment Amount Void Date --------------- --------- --------------------------- --------------- --------------------------------- ----------------- --------- Payment Document: CoM AP BoTW Check
583256 11-AUG-23 CoM Utilities MODESTO 1010, 10th Street 99.02 02-MAY-24 Modesto, CA 95354
United States
-----------------
Payment Document Subtotal 99.02
-----------------
Bank Account Subtotal 99.02
CoM PRIMARY Report Date: 03-JUN-2024 13:14
Void Payment Register Page: 4
Include Zero Amount Payments: No Period From: 01-MAY-24 To: 31-MAY-24 Display Payee Address: Yes Date: Void Date
Bank: BMO Branch: BMO Main Branch Account: BMO E-Payables (Main) AP Bank Account Currency: USD Payment Currency: USD ( US Dollar ) Payment Number Date Payee Name Site Address Payment Amount Void Date --------------- --------- --------------------------- --------------- --------------------------------- ----------------- --------- Payment Document: Epayable
Attachment 7, Voided Checks
#16..
- 694 -
6/3/24, 1:27 PM comprodapp122.modesto.prv:8000/OA_CGI/FNDWRR.exe?temp_id=1653190887 comprodapp122.modesto.prv:8000/OA_CGI/FNDWRR.exe?temp_id=1653190887 4/19 816580 08-MAY-24 AMERICAN LUMBER CO E-PAY 2563 E-PAY 2563 1,594.34 08-MAY-24 MODESTO, CA 95354
United States
816581 08-MAY-24 ARAMARK UNIFORM SERVICE E-PAY 5040 E-PAY 5040 62.33 08-MAY-24 PASADENA, CA 91189
United States
816582 08-MAY-24 ARC DOCUMENT SOLUTIONS LLC E-PAY 3264 E-PAY 3264 58.02 08-MAY-24 SAN FRANCISCO, CA 94119
United States
816583 08-MAY-24 B I C SECURITY SYSTEMS E-PAY 3803 E-PAY 3803 238.00 08-MAY-24 CERES, CA 95307
United States
816584 08-MAY-24 BARNES WELDING SUPPLY E-PAY 2622 E-PAY 2622 176.02 08-MAY-24 FRESNO, CA 93717-1666
United States
816585 08-MAY-24 BONANDER TRUCK & TRAILER E-PAY 3907 E-PAY 3907 680.93 08-MAY-24 TURLOCK, CA 95382
United States
816586 08-MAY-24 BRADY IFS (FKA CENTRAL SANI E-PAY 2785 E-PAY 2785 1,054.24 08-MAY-24 MODESTO, CA 95350
United States
816587 08-MAY-24 BURTON'S FIRE INC E-PAY 2258 E-PAY 2258 2,645.58 08-MAY-24 MODESTO, CA 95351-1598
United States
816588 08-MAY-24 CHOICE LIGHTING SUPPLY CORP E-PAY 2777 E-PAY 2777 288.31 08-MAY-24 MODESTO, CA 95352
United States
816589 08-MAY-24 CITY SIGNS INC E-PAY 1259 E-PAY 1259 2,600.22 08-MAY-24 MODESTO, CA 95351
United States
816590 08-MAY-24 DITTOS E-PAY 2971 E-PAY 2971 228.75 08-MAY-24 MODESTO, CA 95354
United States
816591 08-MAY-24 DOUBLE TREE BY HILTON MODES E-PAY 2518 E-PAY 2518 9,436.19 08-MAY-24 MODESTO, CA 95354
United States
816592 08-MAY-24 FIRST CHOICE INDUSTRIAL SUP E-PAY 4019 E-PAY 4019 170.72 08-MAY-24 OAKDALE, CA 95361
United States
816593 08-MAY-24 HARTLEY AND ASSOCIATES E-PAY 6705 E-PAY 6705 232.19 08-MAY-24 SANTA ROSA, CA 95403
United States
816594 08-MAY-24 HERC RENTALS E-PAY 1200 E-PAY 1200 1,469.87 08-MAY-24 ATLANTA, GA 31193
United States
816595 08-MAY-24 INTERSTATE TRUCK CENTER E-PAY 2781 E-PAY 2781 5,677.02 08-MAY-24 STOCKTON, CA 95206
CoM PRIMARY Report Date: 03-JUN-2024 13:14
Attachment 7, Voided Checks
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6/3/24, 1:27 PM comprodapp122.modesto.prv:8000/OA_CGI/FNDWRR.exe?temp_id=1653190887 comprodapp122.modesto.prv:8000/OA_CGI/FNDWRR.exe?temp_id=1653190887 5/19 Void Payment Register Page: 5
Include Zero Amount Payments: No Period From: 01-MAY-24 To: 31-MAY-24 Display Payee Address: Yes Date: Void Date
Bank: BMO Branch: BMO Main Branch Account: BMO E-Payables (Main) AP Bank Account Currency: USD Payment Currency: USD ( US Dollar ) Payment Number Date Payee Name Site Address Payment Amount Void Date --------------- --------- --------------------------- --------------- --------------------------------- ----------------- --------- Payment Document: Epayable
816595 E-PAY 2781
STOCKTON, CA 95206
United States
816596 08-MAY-24 MCCOY TRUCK TIRE SERVICE CT E-PAY 2769 E-PAY 2769 3,009.90 08-MAY-24 MODESTO, CA 95351
United States
816597 08-MAY-24 MODESTO STEEL E-PAY 2780 E-PAY 2780 34.30 08-MAY-24 MODESTO, CA 95352
United States
816598 08-MAY-24 PACE SUPPLY CORPORATION E-PAY 1998 E-PAY 1998 600.54 08-MAY-24 ROHNERT PARK, CA 94927
United States
816599 08-MAY-24 PACIFIC STORAGE COMPANY E-PAY 2578 E-PAY 2578 1,869.03 08-MAY-24 STOCKTON, CA 95201
United States
816600 08-MAY-24 SAFE-T-LITE OF MODESTO INC E-PAY 2731 E-PAY 2731 3,451.17 08-MAY-24 MODESTO, CA 95351
United States
816601 08-MAY-24 A & L WESTERN AGRICULTURAL MAIN LABORATORIES INC 330.00 08-MAY-24 1311 WOODLAND AVE STE 1
MODESTO, CA 95351
United States
816602 08-MAY-24 ACRO SERVICE CORP MAIN1 39209 WEST SIX MILE ROAD 1,036.38 08-MAY-24 SUITE 160
LIVONIA, MI 48152
United States
816603 08-MAY-24 Alatorre, Uriel OFFICE 34.50 08-MAY-24 816604 08-MAY-24 ALL SEASON LAWN LANDSCAPING MAIN 31062 STATE HIGHWAY 120 6,873.02 08-MAY-24 ESCALON, CA 95354
United States
816605 08-MAY-24 ALLIED UNIVERSAL SECURITY S MAIN1 PO BOX 31001-2374 2,053.92 08-MAY-24 PASADENA, CA 91110-2374
United States
816606 08-MAY-24 ALPHA ANALYTICAL LABORATORI E-PAY 3772 E-PAY 3772 33,471.00 08-MAY-24 UKIAH, CA 95482
Attachment 7, Voided Checks
#16..
- 696 -
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816607 08-MAY-24 ALTEC INDUSTRIES MAIN DRAWER 0414 595.56 08-MAY-24 P O BOX 11407
BIRMINGHAM, AL 35246-0414
United States
816608 08-MAY-24 Amaral, Tony A OFFICE 137.55 08-MAY-24 816609 08-MAY-24 AMERICA'S AUTO GLASS MAIN P O BOX 3428 461.06 08-MAY-24 TURLOCK, CA 95381
United States
816610 08-MAY-24 AMERICAN AVK COMPANY MAIN1 2155 N MERIDIAN BLVD 26,946.53 08-MAY-24 MINDEN, NV 89423
United States
CoM PRIMARY Report Date: 03-JUN-2024 13:14
Void Payment Register Page: 6
Include Zero Amount Payments: No Period From: 01-MAY-24 To: 31-MAY-24 Display Payee Address: Yes Date: Void Date
Bank: BMO Branch: BMO Main Branch Account: BMO E-Payables (Main) AP Bank Account Currency: USD Payment Currency: USD ( US Dollar ) Payment Number Date Payee Name Site Address Payment Amount Void Date --------------- --------- --------------------------- --------------- --------------------------------- ----------------- --------- Payment Document: Epayable
816611 08-MAY-24 AMERICAN LUMBER CO E-PAY 2563 E-PAY 2563 1,624.82 08-MAY-24 MODESTO, CA 95354
United States
816612 08-MAY-24 ARAMARK UNIFORM SERVICE E-PAY 5040 E-PAY 5040 62.33 08-MAY-24 PASADENA, CA 91189
United States
816613 08-MAY-24 ARC DOCUMENT SOLUTIONS LLC E-PAY 3264 E-PAY 3264 657.07 08-MAY-24 SAN FRANCISCO, CA 94119
United States
816614 08-MAY-24 AUTO ZONE INC MAIN P O BOX 116067 1,088.74 08-MAY-24 ATLANTA, GA 30368
United States
816615 08-MAY-24 B I C SECURITY SYSTEMS E-PAY 3803 E-PAY 3803 263.00 08-MAY-24 CERES, CA 95307
United States
816616 08-MAY-24 BADGER METER MAIN BOX 88223 496.98 08-MAY-24 MILWAUKEE, WI 53288
United States
816617 08-MAY-24 BARNES WELDING SUPPLY E-PAY 2622 E-PAY 2622 176.02 08-MAY-24 FRESNO, CA 93717-1666
United States
816618 08-MAY-24 BATTERY SYSTEMS MAIN3 PO BOX 736801 1,177.91 08-MAY-24 Attachment 7, Voided Checks
#16..
- 697 -
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United States
816619 08-MAY-24 BERTOLOTTI MODESTO DISPOSAL MAIN P O BOX 157 1,382.86 08-MAY-24 CERES, CA 95307
United States
816620 08-MAY-24 BIG T HYDRAULICS MAIN PO BOX 880 3,102.05 08-MAY-24 CERES, CA 95307
United States
816621 08-MAY-24 BMO HARRIS BANK N.A. ACH 9185 111 WEST MONROE STREET 107,129.96 08-MAY-24 CHICAGO, IL 60603
United States
816622 08-MAY-24 BONANDER TRUCK & TRAILER E-PAY 3907 E-PAY 3907 680.93 08-MAY-24 TURLOCK, CA 95382
United States
816623 08-MAY-24 BOYETT PETROLEUM MAIN 601 MCHENRY AVE 16,310.19 08-MAY-24 MODESTO, CA 95350
United States
816624 08-MAY-24 BRADY IFS (FKA CENTRAL SANI E-PAY 2785 E-PAY 2785 1,054.24 08-MAY-24 MODESTO, CA 95350
United States
816625 08-MAY-24 BURTON'S FIRE INC E-PAY 2258 E-PAY 2258 6,280.86 08-MAY-24 MODESTO, CA 95351-1598
United States
816626 08-MAY-24 CALIFORNIA MATERIALS INC. MAIN PO Box 32314 2,416.00 08-MAY-24 Stockton, CA 95213
CoM PRIMARY Report Date: 03-JUN-2024 13:14
Void Payment Register Page: 7
Include Zero Amount Payments: No Period From: 01-MAY-24 To: 31-MAY-24 Display Payee Address: Yes Date: Void Date
Bank: BMO Branch: BMO Main Branch Account: BMO E-Payables (Main) AP Bank Account Currency: USD Payment Currency: USD ( US Dollar ) Payment Number Date Payee Name Site Address Payment Amount Void Date --------------- --------- --------------------------- --------------- --------------------------------- ----------------- --------- Payment Document: Epayable
816626 PO Box 32314
Stockton, CA 95213
United States
816627 08-MAY-24 CALIFORNIA WATER ENVIRONMEN MAIN1 7677 OAKPORT ST # 1030 206.00 08-MAY-24 OAKLAND, CA 94621-1929
United States
816628 08-MAY-24 CALLANDER ASSOCIATES MAIN1 12150 TRIBUTARY POINT DRIVE SUITE 46,814.36 08-MAY-24 GOLD RIVER, CA 95670
United States
Attachment 7, Voided Checks
#16..
- 698 -
6/3/24, 1:27 PM comprodapp122.modesto.prv:8000/OA_CGI/FNDWRR.exe?temp_id=1653190887 comprodapp122.modesto.prv:8000/OA_CGI/FNDWRR.exe?temp_id=1653190887 8/19 816629 08-MAY-24 CAROLLO ENGINEERS MAIN P O BOX 30835 5,209.50 08-MAY-24 SALT LAKE CITY, UT 84130
United States
816630 08-MAY-24 Cathcart, Larry A OFFICE 75.00 08-MAY-24 816631 08-MAY-24 CENCAL AUTO & TRUCK PARTS MAIN 1945 W FRONT ST 1,000.74 08-MAY-24 SELMA, CA 93662
United States
816632 08-MAY-24 CENTRAL VALLEY ELECTRIC MAIN 24 FRANZINE ROAD STE A 334.24 08-MAY-24 MODESTO, CA 95357
United States
816633 08-MAY-24 CENTRAL VALLEY PRINTING MAIN 802 14TH STREET STE J 308.93 08-MAY-24 MODESTO, CA 95354
United States
816634 08-MAY-24 CHAMPION INDUSTRIAL MAIN P O BOX 4399 6,587.00 08-MAY-24 MODESTO, CA 95352
United States
816635 08-MAY-24 Chavez, Cameron OFFICE 4.50 08-MAY-24
816636 08-MAY-24 CHOICE LIGHTING SUPPLY CORP E-PAY 2777 E-PAY 2777 288.31 08-MAY-24 MODESTO, CA 95352
United States
816637 08-MAY-24 CITY SIGNS INC E-PAY 1259 E-PAY 1259 2,600.22 08-MAY-24 MODESTO, CA 95351
United States
816638 08-MAY-24 CoM Misc MODESTO 1010, 10th Street 90.00 08-MAY-24 Modesto, CA 95354
United States
816639 08-MAY-24 CoM PRN MODESTO 1010 10th STREET 60.00 08-MAY-24 MODESTO, CA 95354
United States
816640 08-MAY-24 COM REBATE Modesto 1010 10th STREET 2,497.00 08-MAY-24 MODESTO, CA 95354
United States
816641 08-MAY-24 COM REBATE Modesto 1010 10th STREET 3,000.00 08-MAY-24 MODESTO, CA 95354
United States
816642 08-MAY-24 COM REBATE Modesto 1010 10th STREET 2,560.00 08-MAY-24 MODESTO, CA 95354
United States
CoM PRIMARY Report Date: 03-JUN-2024 13:14
Void Payment Register Page: 8
Include Zero Amount Payments: No Period From: 01-MAY-24 To: 31-MAY-24 Display Payee Address: Yes Date: Void Date
Bank: BMO Branch: BMO Main Branch Account: BMO E-Payables (Main) AP Bank Account Currency: USD Payment Currency: USD ( US Dollar ) Payment Number Date Payee Name Site Address Payment Amount Void Date Attachment 7, Voided Checks
#16..
- 699 -
6/3/24, 1:27 PM comprodapp122.modesto.prv:8000/OA_CGI/FNDWRR.exe?temp_id=1653190887 comprodapp122.modesto.prv:8000/OA_CGI/FNDWRR.exe?temp_id=1653190887 9/19 --------------- --------- --------------------------- --------------- --------------------------------- ----------------- --------- Payment Document: Epayable
816643 08-MAY-24 CoM Utilities MODESTO 1010, 10th Street 394.21 08-MAY-24 Modesto, CA 95354
United States
816644 08-MAY-24 CoM Utilities MODESTO 1010, 10th Street 65.30 08-MAY-24 Modesto, CA 95354
United States
816645 08-MAY-24 CoM Utilities MODESTO 1010, 10th Street 152.69 08-MAY-24 Modesto, CA 95354
United States
816646 08-MAY-24 CoM Utilities MODESTO 1010, 10th Street 70.72 08-MAY-24 Modesto, CA 95354
United States
816647 08-MAY-24 CoM Utilities MODESTO 1010, 10th Street 80.04 08-MAY-24 Modesto, CA 95354
United States
816648 08-MAY-24 CoM Utilities MODESTO 1010, 10th Street 96.39 08-MAY-24 Modesto, CA 95354
United States
816649 08-MAY-24 CoM Utilities MODESTO 1010, 10th Street 71.94 08-MAY-24 Modesto, CA 95354
United States
816650 08-MAY-24 CoM Utilities MODESTO 1010, 10th Street 8.46 08-MAY-24 Modesto, CA 95354
United States
816651 08-MAY-24 CoM Utilities MODESTO 1010, 10th Street 4.41 08-MAY-24 Modesto, CA 95354
United States
816652 08-MAY-24 CoM Utilities MODESTO 1010, 10th Street 558.19 08-MAY-24 Modesto, CA 95354
United States
816653 08-MAY-24 CoM Utilities MODESTO 1010, 10th Street 102.58 08-MAY-24 Modesto, CA 95354
United States
816654 08-MAY-24 CoM Utilities MODESTO 1010, 10th Street 148.13 08-MAY-24 Modesto, CA 95354
United States
816655 08-MAY-24 CoM Utilities MODESTO 1010, 10th Street 2,389.38 08-MAY-24 Modesto, CA 95354
United States
816656 08-MAY-24 CONNECT FOR COLLECTIVE INC MAIN 918 15TH STREET 975.00 08-MAY-24 MODESTO, CA 95354
United States
816657 08-MAY-24 CRESCENT SUPPLY MAIN 321 MCHENRY AVENUE 90.36 08-MAY-24 MODESTO, CA 95354
United States
Attachment 7, Voided Checks
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CoM PRIMARY Report Date: 03-JUN-2024 13:14
Void Payment Register Page: 9
Include Zero Amount Payments: No Period From: 01-MAY-24 To: 31-MAY-24 Display Payee Address: Yes Date: Void Date
Bank: BMO Branch: BMO Main Branch Account: BMO E-Payables (Main) AP Bank Account Currency: USD Payment Currency: USD ( US Dollar ) Payment Number Date Payee Name Site Address Payment Amount Void Date --------------- --------- --------------------------- --------------- --------------------------------- ----------------- --------- Payment Document: Epayable
816658 PO BOX 910916
PASADENA, CA 91110
United States
816659 08-MAY-24 DEPT OF MOTOR VEHICLES - MO MAIN 124 BURNEY STREET 27.00 08-MAY-24 MODESTO, CA 95354
United States
816660 08-MAY-24 DITTOS E-PAY 2971 E-PAY 2971 228.75 08-MAY-24 MODESTO, CA 95354
United States
816661 08-MAY-24 DOUBLE TREE BY HILTON MODES E-PAY 2518 E-PAY 2518 9,436.19 08-MAY-24 MODESTO, CA 95354
United States
816662 08-MAY-24 DS SERVICES OF AMERICA INC MAIN DBA ALHAMBRA 2,125.35 08-MAY-24 P O BOX 660579
DALLAS, TX 75266
United States
816663 08-MAY-24 E-BUILDER INC MAIN1 PO BOX 935949 18,750.00 08-MAY-24 ATLANTA, GA 31193-5949
United States
816664 08-MAY-24 ENVIROGEN TECHNOLOGIES INC MAIN DEPT 32 8,071.18 08-MAY-24 P O BOX 4346
HOUSTON, TX 77210
United States
816665 08-MAY-24 FAMILY PET MORTUARY INC. MAIN1 P. O. BOX 3778 290.00 08-MAY-24 TURLOCK, CA 95381
United States
816666 08-MAY-24 FASTENAL COMPANY INC MAIN P O BOX 978 2,842.72 08-MAY-24 WINONA, MN 55987
United States
816667 08-MAY-24 FERGUSON WATERWORKS MAIN P O BOX 740827 41,879.48 08-MAY-24 LOS ANGELES, CA 90074
United States
Attachment 7, Voided Checks
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United States
816669 08-MAY-24 FLEETPRIDE INC MAIN PO BOX 847118 2,948.21 08-MAY-24 DALLAS, TX 75284-7118
United States
816670 08-MAY-24 FLORY INDUSTRIES INC E-PAY 2747 E-PAY 2747 102.69 08-MAY-24 MODESTO, CA 95368
United States
816671 08-MAY-24 FOUR STAR BODY AND FRAME MAIN 1310 7TH STREET 5,697.13 08-MAY-24 MODESTO, CA 95354
United States
816672 08-MAY-24 FUNCTION GRAPHICS E-PAY 7637 E-PAY 7637 3,312.10 08-MAY-24 MODESTO, CA 95350
United States
CoM PRIMARY Report Date: 03-JUN-2024 13:14
Void Payment Register Page: 10
Include Zero Amount Payments: No Period From: 01-MAY-24 To: 31-MAY-24 Display Payee Address: Yes Date: Void Date
Bank: BMO Branch: BMO Main Branch Account: BMO E-Payables (Main) AP Bank Account Currency: USD Payment Currency: USD ( US Dollar ) Payment Number Date Payee Name Site Address Payment Amount Void Date --------------- --------- --------------------------- --------------- --------------------------------- ----------------- --------- Payment Document: Epayable
816673 08-MAY-24 GEORGE HILLS COMPANY MAIN2 PO BOX 509015 1,290.99 08-MAY-24 SAN DIEGO, CA 92150-9015
United States
816674 08-MAY-24 GILTON SOLID WASTE MAIN 755 S YOSEMITE AVE 50.00 08-MAY-24 OAKDALE, CA 95361
United States
816675 08-MAY-24 GILTON SOLID WASTE MAIN 755 S YOSEMITE AVE 96.36 08-MAY-24 OAKDALE, CA 95361
United States
816676 08-MAY-24 GILTON SOLID WASTE MAIN 755 S YOSEMITE AVE 5,442.85 08-MAY-24 OAKDALE, CA 95361
United States
816677 08-MAY-24 GLAMOROUS UPHOLSTERY MAIN 813 8TH STREET 257.31 08-MAY-24 MODESTO, CA 95354
United States
816678 08-MAY-24 GOLDEN STATE EMERGENCY VEHI MAIN 7400 REESE ROAD 827.55 08-MAY-24 SACRAMENTO, CA 95828
United States
816679 08-MAY-24 GRAINGER INC MAIN DEPT 506 - 810712794 1,963.49 08-MAY-24 Attachment 7, Voided Checks
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United States
816680 08-MAY-24 GREEN RUBBER KENNEDY AG LLP E-PAY 1050 E-PAY 1050 119.51 08-MAY-24 SPRECKELS, CA 93962
United States
816681 08-MAY-24 GROVER LANDSCAPING SERVICES MAIN 6224 STODDARD ROAD 350.00 08-MAY-24 MODESTO, CA 95356
United States
816682 08-MAY-24 Harlan, Audrena OFFICE 108.60 08-MAY-24 816683 08-MAY-24 HARTLEY AND ASSOCIATES E-PAY 6705 E-PAY 6705 232.19 08-MAY-24 SANTA ROSA, CA 95403
United States
816684 08-MAY-24 HDR ENGINEERING MAIN ACCOUNTS RECEIVABLE 26,135.00 08-MAY-24 P O BOX 74008202
CHICAGO, IL 60674
United States
816685 08-MAY-24 HERC RENTALS E-PAY 1200 E-PAY 1200 1,469.87 08-MAY-24 ATLANTA, GA 31193
United States
816686 08-MAY-24 HERITAGE FORD INC MAIN P.O. BOX 5197 3,591.34 08-MAY-24 MODESTO, CA 95352-5197
United States
816687 08-MAY-24 HOLT OF CALIFORNIA MAIN PO BOX 100001 16,155.44 08-MAY-24 SACRAMENTO, CA 95813
United States
816688 08-MAY-24 HOWK SYSTEMS MAIN 1825 YOSEMITE BLVD 35,763.90 08-MAY-24 MODESTO, CA 95354
United States
CoM PRIMARY Report Date: 03-JUN-2024 13:14
Void Payment Register Page: 11
Include Zero Amount Payments: No Period From: 01-MAY-24 To: 31-MAY-24 Display Payee Address: Yes Date: Void Date
Bank: BMO Branch: BMO Main Branch Account: BMO E-Payables (Main) AP Bank Account Currency: USD Payment Currency: USD ( US Dollar ) Payment Number Date Payee Name Site Address Payment Amount Void Date --------------- --------- --------------------------- --------------- --------------------------------- ----------------- --------- Payment Document: Epayable
816689 08-MAY-24 HUNT & SONS, INC MAIN4 PO BOX 103501 3,737.06 08-MAY-24 PASADENA, CA 91189-3501
United States
816690 08-MAY-24 HYLAND SOFTWARE MAIN1 28105 CLEMENS ROAD 5,437.50 08-MAY-24 WESTLAKE, OH 44145
United States
Attachment 7, Voided Checks
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United States
816692 08-MAY-24 INTERSTATE SALES MAIN 12600 LOCKSLEY LN STE 200 2,766.71 08-MAY-24 AUBURN, CA 95602
United States
816693 08-MAY-24 INTERSTATE TRUCK CENTER E-PAY 2781 E-PAY 2781 7,675.87 08-MAY-24 STOCKTON, CA 95206
United States
816694 08-MAY-24 INTERWEST CONSULTING GROUP MAIN2 INTERWEST CONSULTING GROUP 1,600.00 08-MAY-24 PO BOX 301069
LOS ANGELES, CA 90030-1069
United States
816695 08-MAY-24 J J KELLER & ASSOCIATES INC MAIN1 J.J KELLER & ASSOCIATES, INC. 595.84 08-MAY-24 PO BOX 735492
CHICAGO, IL 60673-5492
United States
816696 08-MAY-24 J S WEST PROPANE GAS MAIN 501 9th STREET 346.36 08-MAY-24 MODESTO, CA 95353-1041
United States
816697 08-MAY-24 JAM SERVICES MAIN 958 E AIRWAY BLVD 21,121.75 08-MAY-24 LIVERMORE, CA 94551
United States
816698 08-MAY-24 JOHN DEERE COMPANY E-PAY 3615 E-PAY 3615 24,103.75 08-MAY-24 CHICAGO, IL 60673
United States
816699 08-MAY-24 JORGENSEN AND CO E-PAY 2366 E-PAY 2366 2,688.47 08-MAY-24 SAN FRANCISCO, CA 94139
United States
816700 08-MAY-24 K & D ENTERPRISES INC. MAIN 4107 MORGAN RD 400.00 08-MAY-24 CERES, CA 95307
United States
816701 08-MAY-24 Kenney, Christina Marie OFFICE 79.00 08-MAY-24 816702 08-MAY-24 KEY SEAL PRODUCTS MAIN 724 W LINWOOD AVE 1,045.52 08-MAY-24 TURLOCK, CA 95380
United States
816703 08-MAY-24 KEYES TRUCK CENTER MAIN1 P.O. BOX 606 1,859.63 08-MAY-24 KEYES, CA 95328
United States
816704 08-MAY-24 KNIFE RIVER NCA READY MIX MAIN PO BOX 66001 1,442.05 08-MAY-24 STOCKTON, CA 95206
CoM PRIMARY Report Date: 03-JUN-2024 13:14
Void Payment Register Page: 12
Include Zero Amount Payments: No Period From: 01-MAY-24 To: 31-MAY-24 Display Payee Address: Yes Date: Void Date
Bank: BMO Branch: BMO Main Branch Account: BMO E-Payables (Main) AP Bank Account Currency: USD Payment Currency: USD ( US Dollar ) Attachment 7, Voided Checks
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816704 PO BOX 66001
STOCKTON, CA 95206
United States
816705 08-MAY-24 LARRY WALKER ASSOCIATES MAIN 1480 DREW AVENUE 13,733.50 08-MAY-24 SUITE 100
DAVIS, CA 95618
United States
816706 08-MAY-24 LESLIE'S SWIMMING POOL MAIN SUPPLIES 246.95 08-MAY-24 P O BOX 501162
ST LOUIS, MO 63150
United States
816707 08-MAY-24 LINDE GAS & EQUIPMENT INC. MAIN2 DEPT LA 21511 275.53 08-MAY-24 PASADENA, CA 91185-1511
United States
816708 08-MAY-24 LUCAS BUSINESS SYSTEMS MAIN P O BOX 843760 12.71 08-MAY-24 LOS ANGELES, CA 90084-3760
United States
816709 08-MAY-24 MALLORY SAFETY AND SUPPLY MAIN P O BOX 2068 255.94 08-MAY-24 LONGVIEW, WA 98632
United States
816710 08-MAY-24 Malone, Veda Irene OFFICE 74.00 08-MAY-24 816711 08-MAY-24 Mantooth, Jason S OFFICE 80.00 08-MAY-24 816712 08-MAY-24 MATHER AVIATION, LLC. MAIN 10360 MACREADY AVENUE 12,331.29 08-MAY-24 MATHER, CA 95640
United States
816713 08-MAY-24 MCCLATCHY COMPANY LLC dba M MAIN2 PO BOX 510150 2,086.01 08-MAY-24 LIVONIA, MI 48151
United States
816714 08-MAY-24 MCCOY TRUCK TIRE SERVICE CT E-PAY 2769 E-PAY 2769 6,187.19 08-MAY-24 MODESTO, CA 95351
United States
816715 08-MAY-24 MCMASTER-CARR SUPPLY CO MAIN PO BOX 7690 2,121.17 08-MAY-24 CHICAGO, IL 60680
United States
816716 08-MAY-24 McNicoll, Andrew R OFFICE 59.00 08-MAY-24 816717 08-MAY-24 MELLO TRANSMISSION CO INC MAIN 417 WINMOORE WAY 1,643.36 08-MAY-24
SUITE A
MODESTO, CA 95358
United States
816718 08-MAY-24 Meza, Andrea OFFICE 4.50 08-MAY-24
816719 08-MAY-24 MO-CAL OFFICE SOLUTIONS (US E-PAY 2997 E-PAY 2997 4,073.21 08-MAY-24 MODESTO, CA 95351
Attachment 7, Voided Checks
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816720 08-MAY-24 MODESTO IRRIGATION DIST MAIN P O BOX 5355 351.84 08-MAY-24 MODESTO, CA 95352-5355
United States
816721 08-MAY-24 MODESTO STEEL E-PAY 2780 E-PAY 2780 71.84 08-MAY-24 CoM PRIMARY Report Date: 03-JUN-2024 13:14
Void Payment Register Page: 13
Include Zero Amount Payments: No Period From: 01-MAY-24 To: 31-MAY-24 Display Payee Address: Yes Date: Void Date
Bank: BMO Branch: BMO Main Branch Account: BMO E-Payables (Main) AP Bank Account Currency: USD Payment Currency: USD ( US Dollar ) Payment Number Date Payee Name Site Address Payment Amount Void Date --------------- --------- --------------------------- --------------- --------------------------------- ----------------- --------- Payment Document: Epayable
816721 E-PAY 2780
MODESTO, CA 95352
United States
816722 08-MAY-24 MODESTO WELDING PRODUCTS MAIN PO BOX 4547 166.32 08-MAY-24 MODESTO, CA 35352
United States
816723 08-MAY-24 MOZINGO CONSTRUCTION CO MAIN 751 WAKEFIELD COURT 145,138.20 08-MAY-24 OAKDALE, CA 95361
United States
816724 08-MAY-24 MSC INDUSTRIAL SUPPLY MAIN2 BOX 953635 190.09 08-MAY-24 ST LOUIS, MO 63195
United States
816725 08-MAY-24 MUNICIPAL MAINTENANCE EQUIP MAIN 4634 MAYHEW ROAD 2,272.66 08-MAY-24 SACRAMENTO, CA 95827
United States
816726 08-MAY-24 NORMAC MAIN2 PO BOX 741381 336.97 08-MAY-24 LOS ANGELES, CA 90074-1381
United States
816727 08-MAY-24 ODIN SYSTEMS, INC. MAIN 6642 MERCHANDISE WAY STE 200 2,743.65 08-MAY-24 DIAMOND SPRINGS, CA 95619
United States
816728 08-MAY-24 ORACLE AMERICA INC MAIN2 PO BOX 884471 1,725.17 08-MAY-24 LOS ANGELES, CA 90088-4471
United States
816729 08-MAY-24 OWEN EQUIPMENT SALES MAIN 2 PO BOX 30640 6,426.58 08-MAY-24 LOS ANGELES, CA 90030
United States
816730 08-MAY-24 PACE SUPPLY CORPORATION E-PAY 1998 E-PAY 1998 600.54 08-MAY-24 ROHNERT PARK, CA 94927
Attachment 7, Voided Checks
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816731 08-MAY-24 PACIFIC STORAGE COMPANY E-PAY 2578 E-PAY 2578 1,916.28 08-MAY-24 STOCKTON, CA 95201
United States
816732 08-MAY-24 PPG ARCHITECTURAL COATINGS MAIN P O BOX 676340 488.24 08-MAY-24 DALLAS, TX 75267
United States
816733 08-MAY-24 PYRO COMBUSTION OF CALIFORN MAIN 2969 S HIGHLAND DRIVE 1,575.00 08-MAY-24 LAS VEGAS, NV 89109
United States
816734 08-MAY-24 Ramos, Juan F OFFICE 60.00 08-MAY-24
816735 08-MAY-24 RAYCO INDUSTRIAL SUPPLY MAIN 512 RIVER ROAD 354.91 08-MAY-24 MODESTO, CA 95351
United States
816736 08-MAY-24 RESOURCE BUILDING MATERIALS MAIN P O BOX 5067 226.54 08-MAY-24 BUENA PARK, CA 90622
United States
816737 08-MAY-24 ROLAND JOCELYN E MAIN 2937 VENEMAN AVENUE 5,808.33 08-MAY-24 CoM PRIMARY Report Date: 03-JUN-2024 13:14
Void Payment Register Page: 14
Include Zero Amount Payments: No Period From: 01-MAY-24 To: 31-MAY-24 Display Payee Address: Yes Date: Void Date
Bank: BMO Branch: BMO Main Branch Account: BMO E-Payables (Main) AP Bank Account Currency: USD Payment Currency: USD ( US Dollar ) Payment Number Date Payee Name Site Address Payment Amount Void Date --------------- --------- --------------------------- --------------- --------------------------------- ----------------- --------- Payment Document: Epayable
816737 2937 VENEMAN AVENUE
SUITE B-125
MODESTO, CA 95356
United States
816738 08-MAY-24 RQI INC R Q I R QUALITY INS MAIN 2613 SCANDIA CT 5,502.70 08-MAY-24 MODESTO, CA 95358
United States
816739 08-MAY-24 SAFE-T-LITE OF MODESTO INC E-PAY 2731 E-PAY 2731 3,451.17 08-MAY-24 MODESTO, CA 95351
United States
816740 08-MAY-24 Sandhu, Sandeep K OFFICE 34.50 08-MAY-24 816741 08-MAY-24 SEALMASTER BAKERSFIELD MAIN 518 SUMNER STREET 7,519.88 08-MAY-24 BAKERSFIELD, CA 93305
United States
816742 08-MAY-24 SHERIFF'S DEPARTMENT MAIN STAN CNTY, ATTN FINANCE DEPT 821,789.00 08-MAY-24 250 E HACKETT ROAD
Attachment 7, Voided Checks
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United States
816743 08-MAY-24 SHERWIN WILLIAMS PAINT COMP MAIN 3301 MCHENRY AVENUE 279.42 08-MAY-24 MODESTO, CA 95350
United States
816744 08-MAY-24 Silva, Shane OFFICE 12.45 08-MAY-24
816745 08-MAY-24 SITEONE LANDSCAPE SUPPLY MAIN3 24110 NETWORK PLACE 771.21 08-MAY-24 CHICAGO, IL 60673-1241
United States
816746 08-MAY-24 STAPLES CONTRACT & COMMERIC MAIN PO BOX 660409 346.22 08-MAY-24 DALLAS, TX 75266-0409
United States
816747 08-MAY-24 SUMURI LLC MAIN 40 SOUTH MAIN STREET 7,620.16 08-MAY-24 MAGNOLIA, DE 19962
United States
816748 08-MAY-24 SUN VALLEY PORTABLE RESTROO MAIN PO BOX 3745 480.00 08-MAY-24 TURLOCK, CA 95381
United States
816749 08-MAY-24 THE AFTERMARKET PARTS COMPA MAIN1 P.O. BOX 857758 6,195.62 08-MAY-24 MINNEAPOLIS, MN 55485-7758
United States
816750 08-MAY-24 THE ED JONES CO INC MAIN 2834 8TH ST 1,143.77 08-MAY-24 BERKELEY, CA 94710
United States
816751 08-MAY-24 Tran, Nathan OFFICE 4.50 08-MAY-24
816752 08-MAY-24 TRANSUNION RISK & ALTERNATI MAIN P O BOX 209047 471.80 08-MAY-24 DALLAS, TX 75320
United States
816753 08-MAY-24 Tucker, Gabrielle Kayla OFFICE 71.37 08-MAY-24 816754 08-MAY-24 TURLOCK IRRIGATION DISTRICT MAIN P O BOX 819007 260,071.57 08-MAY-24 TURLOCK, CA 95381-9007
CoM PRIMARY Report Date: 03-JUN-2024 13:14
Void Payment Register Page: 15
Include Zero Amount Payments: No Period From: 01-MAY-24 To: 31-MAY-24 Display Payee Address: Yes Date: Void Date
Bank: BMO Branch: BMO Main Branch Account: BMO E-Payables (Main) AP Bank Account Currency: USD Payment Currency: USD ( US Dollar ) Payment Number Date Payee Name Site Address Payment Amount Void Date --------------- --------- --------------------------- --------------- --------------------------------- ----------------- --------- Payment Document: Epayable
816754 P O BOX 819007
TURLOCK, CA 95381-9007
United States
Attachment 7, Voided Checks
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6/3/24, 1:27 PM comprodapp122.modesto.prv:8000/OA_CGI/FNDWRR.exe?temp_id=1653190887 comprodapp122.modesto.prv:8000/OA_CGI/FNDWRR.exe?temp_id=1653190887 18/19 816755 08-MAY-24 UNITED PAVEMENT MAINTENANCE MAIN P O BOX 1017 36,929.41 08-MAY-24 HUGHSON, CA 95326
United States
816756 08-MAY-24 UNITED ROTARY BRUSH CORP E-PAY 1597 E-PAY 1597 3,413.88 08-MAY-24 KANSAS CITY, MO 64121
United States
816757 08-MAY-24 Uvalles, Robert M OFFICE 34.50 08-MAY-24 816758 08-MAY-24 VAN DE POL ENTERPRISES INC MAIN PO BOX 1107 25,500.63 08-MAY-24 STOCKTON, CA 95201
United States
816759 08-MAY-24 Vargas, Jose Antonio OFFICE 1.37 08-MAY-24 816760 08-MAY-24 VERIZON MAIN P O BOX 660108 190.05 08-MAY-24 DALLAS, TX 75266
United States
816761 08-MAY-24 WEST COAST SAND & GRAVEL IN MAIN PO BOX 5067 3,183.40 08-MAY-24 BUENA PARK, CA 90622
United States
816762 08-MAY-24 WEST YOST & ASSOCIATES MAIN1 PO Box 2158 169,957.11 08-MAY-24 Davis, CA 95617
United States
816763 08-MAY-24 WESTERN TRUCK PARTS & EQUIP MAIN 2800 136TH AVENUE COURT EAST 938.46 08-MAY-24 SUMNER, WA 98390
United States
816764 08-MAY-24 WILLE ELECTRIC SUPPLY CO IN MAIN PO BOX 3246 4,394.21 08-MAY-24 MODESTO, CA 95353
United States
816765 08-MAY-24 YOUTH FOR CHRIST CENTRAL VA MAIN1 1101 M STREET 12,483.71 08-MAY-24 SUITE 1
MODESTO, CA 95354
United States
816766 08-MAY-24 ZORO MAIN PO BOX 5233 605.66 08-MAY-24 JANESVILLE, WI 53547-5233
United States
-----------------
Payment Document Subtotal 2,197,816.72
-----------------
Bank Account Subtotal 2,197,816.72
-----------------
Report Count: 213 Report Total 2,546,962.78
CoM PRIMARY Report Date: 03-JUN-2024 13:14
Void Payment Register Page: 16
Include Zero Amount Payments: No Period From: 01-MAY-24 To: 31-MAY-24 Display Payee Address: Yes Date: Void Date
Attachment 7, Voided Checks
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6/3/24, 1:27 PM comprodapp122.modesto.prv:8000/OA_CGI/FNDWRR.exe?temp_id=1653190887 comprodapp122.modesto.prv:8000/OA_CGI/FNDWRR.exe?temp_id=1653190887 19/19 *** End of Report ***
Attachment 7, Voided Checks
#16..
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CITY OF MODESTO
COUNCIL AGENDA REPORT
DATE OF MEETING:
June 25, 2024
Date: June 11, 2024
TO: Mayor and City Council
THROUGH: Joseph P. Lopez, City Manager
FROM: Kevin Wise, Fire Chief
SUBJECT: Automatic Aid Agreement with Woodland Ave. Fire Protection District CONTACT: Kevin Wise, Fire Chief, [email protected], 209-572-9590 DESCRIPTION:
Consider approving an Automatic Aid Agreement with Woodland Avenue Fire Protection District (WFPD) for Modesto Fire Department (MFD) to provide fire-related emergency response to County "Islands" surrounded by the Modesto City limits. (Funding Source: General Fund) STRATEGIC PLAN ELEMENT:
This action supports the City of Modesto 2020-2025 Strategic Plan focus on quality of life under Goal A: Improve Community Safety.
BACKGROUND:
Adjacent to the City of Modesto’s jurisdictional boundaries (City Limits), there are jurisdictional areas that are the responsibility of the County of Stanislaus. In many cases, these areas are referred to as “county pockets”, and they fall outside of the City’s jurisdiction. In the past, and in alignment with the recommendation, the City has entered into similar agreements to service these areas for fire protection and emergency medical services. Approval of this agreement would return fire protection service to these areas by MFD rather than the WFPD, which operates in a volunteer capacity.
DISCUSSION:
In 2022, these islands (outlined in Exhibit A) generated 62 calls for service, and in 2023, there were 79. The WFPD has experienced geographic and staffing limitations when responding to incidents here. The issues at hand can be remedied by entering into an automatic aid agreement with MFD. MFD has the resources and staffing capacity to respond to this volume of calls, while improving response times to the area. Additionally, approximately 70% of the calls for service to this area are for Emergency Medical Services. MFD has grown the Emergency Medical Services (EMS) division substantially over this period between 2022 and now and will have a significant positive impact on the response to this area with the proposed automatic aid agreement. These #17..
- 711 -
City Council, June 25, 2024
Automatic Aid Agreement with WFPD
services shall commence at midnight (PDT) on July 1, 2024 and continue for a term of one (1) year. This Agreement will automatically renew annually. Should either the City or the District desire to terminate this Agreement, either party may do so by giving the other party sixty (60) days advance notice in writing.
FISCAL IMPACT:
The WFPD agrees to pay the City $10,377 for the first year. This amount is based off of the special tax revenue collected for the 2023-2024 tax year from this specific area minus a 5% administrative fee. An annual increase of 2% will be added to the base amount each year thereafter.
Year Starting Cost + 2%
Increase
Contract Cost
2024-25 - $10,377
2025-26 $10,377 + $208 $10,585
2026-27 $10,585 + $211 $10,796
COMMITTEE RECOMMENDATION:
This item was reviewed and forwarded for approval at the June 10, 2024 Safety and Communities Committee meeting.
RECOMMENDED COUNCIL ACTION:
Staff Recommendations:
Resolution approving an Automatic Aid Agreement with Woodland Avenue Fire Protection District (WFPD) for Modesto Fire Department (MFD) to provide fire-related emergency response to County "Islands" surrounded by the Modesto City limits and authorizing the City Manager, or his designee, to execute the Agreement.
Approved by:
Kevin Wise, Fire Chief
Joseph P. Lopez, City Manager
Attachments
1. Resolution
2. Agreement
3. Exhibit A- Service Area Map of Spencer, Marshall, Truman Island #17..
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MODESTO CITY COUNCIL
RESOLUTION NO. 2024-XXX
RESOLUTION APPROVING AN AUTOMATIC AID AGREEMENT WITH
WOODLAND AVENUE FIRE PROTECTION DISTRICT (WFPD) FOR MODESTO
FIRE DEPARTMENT (MFD) TO PROVIDE FIRE-RELATED EMERGENCY RESPONSE TO COUNTY "ISLANDS" SURROUNDED BY THE MODESTO CITY
LIMITS AND AUTHORIZING THE CITY MANAGER, OR HIS DESIGNEE, TO
EXECUTE THE AGREEMENT
WHEREAS, adjacent to the City of Modesto’s jurisdictional boundaries (City Limits), there are jurisdictional areas that are the responsibility of the County of Stanislaus. In many cases, these areas are referred to as “county pockets”, and they fall outside of the City’s jurisdiction; and
WHEREAS, in the past, and in alignment with the recommendation, the City has entered into similar agreements to service these areas for fire protection and emergency medical services; and
WHEREAS, this agreement would return service to these areas by MFD rather than the WFPD, which operates at a volunteer capacity; and
WHEREAS, the WFPD has experienced geographic and staffing limitations when responding to incidents here. The issues at hand can be remedied by entering into an automatic aid agreement with MFD; and
WHEREAS, MFD has the resources and staffing capacity to respond to calls, while improving response times to the area; and
WHEREAS, approximately 70% of the calls for service to this area are for Emergency Medical Services. MFD has grown the Emergency Medical Services (EMS) division substantially over this period between 2022 and now and will have a significant positive impact on the response to this area with the proposed automatic aid agreement; and #17..
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WHEREAS, these services shall commence at midnight (PDT) on July 1, 2024 and continue for a term of one (1) year; and
WHEREAS, the WFPD agrees to pay the City $10,377 for the first year. This amount is based off of the special tax revenue collected for the 2023-2024 tax year from this specific area minus a 5% administrative fee. An annual increase of 2% will be added to the base amount each year thereafter.
NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Modesto that the Council hereby approves an Automatic Aid Agreement with Woodland Avenue Fire Protection District (WFPD) for Modesto Fire Department (MFD) to provide fire-related emergency response to County "Islands" surrounded by the Modesto City limits.
BE IT FURTHER RESOLVED, that the City Manager or his designee, is hereby authorized to execute the agreement, in a form approved by the City Attorney.
The foregoing resolution was introduced at a regular meeting of the Council of the City of Modesto held on the 25th day of June, 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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AGREEMENT FOR FIRE PROTECTION SERVICES
This Agreement for Fire Protection Services (“Agreement”), made and entered into, in the City of Modesto, State of California, this ________ day of __________, 20____, (the “Effective Date”) by and between the City of Modesto, a municipal corporation of the State of California, hereinafter referred to as "City", and the Woodland Avenue Fire Protection District, a public entity, hereinafter referred to as the "District", collectively referred to as the “Parties”.
This Agreement is made with regard to the following recitals, each of which the Parties agree is true and correct:
A. City and District have determined due to geographic limitations that it would be mutually beneficial for the City to provide fire protection, emergency medical first responder and other fire related services to portions of the District that are County "Islands" surrounded by the Modesto City limits, as more fully described in Exhibit "A" hereto and incorporated into this Agreement by this reference.
B. This Agreement to provide said services will become operative at midnight (PDT) on July 1, 2024
Now, in consideration of this Agreement, the Parties agree as follows:
1. City shall provide fire protection, emergency medical first responder, and other fire related emergency services to those portions of the District within the response area as attached in Exhibit A.
2. The term for emergency services under this Agreement shall commence at midnight (PDT) on July 1, 2024 and continue for a period of one (1) year (the “Term”). This Agreement will automatically renew at the end of each Term.
Should either the City or the District desire to terminate this Agreement, either party may do so by giving the other party sixty (60) days advance notice in writing.
3. This Agreement may be amended by the Parties from time to time. Any amendment to this Agreement must be made in a writing signed by all the Parties.
4. Fire protection and emergency medical services provided by the City to the District will be comparable to those provided within the City.
5. District agrees to pay the City an amount not to exceed $10,377 for the first year.
This amount is based off of the special tax revenue collected for the 2023-2024 tax year from this specific area minus a 5% administrative fee. An annual increase of 2% will be added to the base amount each year thereafter. Payment shall be made on or before August 1st of each year in a manner mutually agreed upon by both Parties. #17..
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6. The City agrees to assume fire hydrant service and maintenance consistent with existing City practices.
7. Modesto Fire Department shall have no responsibility for fire prevention and inspection services to the response area.
8. This Agreement shall be governed according to the laws of the State of California.
9. City agrees to indemnify, defend, and hold District, its employees, volunteers, agents, and officials, harmless from any and all damages, claims, suits, and liability of any kind to the extent arising out of the City's negligence or willful misconduct with respect to third party lawsuits arising out of or relating to this Agreement.
10. District agrees to indemnify, defend, and hold City, its employees, agents, volunteers, and officials, harmless from any and all damages, claims, suits, and liability of any kind to the extend arising out of the District' s negligence or willful misconduct with respect to third party lawsuits arising out of or relating to this Agreement.
The Regional Fire Authority through the Stanislaus County Fire Warden's office will continue to provide fire prevention and inspection services to said portions of the District.
Any inspection or prevention correspondence will be forwarded to the City and District.IN WITNESS WHEREOF, these Parties have executed this Agreement with the intent to be bound thereby as of the Effective Date of the Agreement.
Woodland Ave FPD
By ______________________________
Mike Passalaqua
Fire Chief
By ______________________________
Charles Morrison
Board Chairman
By ______________________________
William D. Ross
District Counsel
City of Modesto
By ______________________________
Kevin Wise
Fire Chief
By ______________________________
Joseph P. Lopez
City Manager
By ______________________________
Jose Sanchez
City Attorney
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CITY OF MODESTO
COUNCIL AGENDA REPORT
DATE OF MEETING:
June 25, 2024
Date: April 26, 2024
TO: Mayor and City Council
THROUGH: Joseph P. Lopez, City Manager
FROM: Jeremy Rogers, Director of Parks, Recreation and Neighborhoods SUBJECT: Youth Commission Bylaws Update
CONTACT: Jeremy Rogers, Director of Parks, Recreation and Neighborhoods, [email protected], 209-577-5347
DESCRIPTION:
Consider approving the proposed Bylaw Amendments for the City of Modesto Youth Commission to increase Commission Members from nine to seventeen and extend the appointment term from one year to two years. (Funding Source: Not Applicable) STRATEGIC PLAN ELEMENT:
This item is consistent with the following 2020-2025 Strategic Plan Areas of Focus: Governance and Service Delivery and Economic Vitality.
BACKGROUND:
The City of Modesto Youth Commission (“Commission”) was established by Resolution No. 74- 352 to provide young people the opportunity to participate in the governmental process, and act as liaison between the youth of Modesto and the City of Modesto City Council (“City Council”).
The Youth Commission remained active through the end of the 2010 school year before falling victim to the impact of the 2009 recession which resulted in a reduction in General Fund support for programming.
In 2020, a group of local students engaged their peers to restore the Youth Commission, resulting in the formation of an Advisory Board pilot group. By Resolution No. 2022-290, the Advisory Board updated the membership criteria and application process, created bylaws, and set youth-oriented goals.
DISCUSSION:
Overseen by the Parks, Recreation and Neighborhoods Department, the Youth Commission continues to increase its impact and presence within the community with several projects and outreach opportunities. Recent projects include taking over the Hope Blooms Love Modesto clean-up project and hosting community outreach and engagement booths at four City of Modesto events. The Commission currently has a subcommittee teaming up with the Culture Commission to work on an alternate City flag contest and another subcommittee developing #18..
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City Council, June 25, 2024
Youth Commission Bylaws Update
presentation materials for high school students to educate and solicit involvement in the Youth Commission.
Currently, the Youth Commission consists of nine members, five from Modesto High, two from Gregori High School, one from Beyer High School, and one from Enochs. The Commissioners serve a one-year term, from October through June. There is no distinction or preference given with regards to which schools are represented among the selected Commissioners.
The Commissioners face hurdles with appointments annually and holds only nine meetings per year. There are 11 high schools in Modesto and only 9 seats available on the Commission.
This greatly hinders efforts to unify initiatives City-wide. To increase reach, diversity, productivity and duration, the Youth Commission is recommending the following amendments to the draft bylaws (attached):
Expand the number of Commissioner seats from nine to seventeen. Set seat designations: Eleven members of the Commission shall be from one of the schools outlined below, with one seat designated per school, and six seats for members at-large. If no qualified applications are received from a school listed below, that seat will convert to an at-large position for the remainder of the school year. o Beyer High School, Big Valley Christian School, Central Catholic High School, Davis High School, Downey High School, Elliot Alternative Education Center, Enochs High School, Gregori High School, Johansen High School, Modesto Christian School, Modesto High School
Expand Commissioner term to the full year, September through August; expand Commissioner seat term from one year to two years.
o Commissioners will become inactive after graduation.
The amended bylaws are attached for approval and include an update to the Youth Commission seats to reach youth at all high schools in Modesto, membership criteria, and term.
FISCAL IMPACT:
There are no associated costs anticipated.
COMMITTEE RECOMMENDATION:
This item was reviewed by the Youth Commission on April 10, 2024, and the Commission recommended forwarding the item to Council for approval.
RECOMMENDED COUNCIL ACTION:
Staff Recommendations:
Resolution approving the proposed Bylaw Amendments for the City of Modesto Youth Commission to increase Commission Members from nine to seventeen and extend the appointment term from one year to two years.
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City Council, June 25, 2024
Youth Commission Bylaws Update
Approved by:
Jeremy Rogers, Parks, Recreation and
Neighborhoods Director
Joseph P. Lopez, City Manager
Attachments:
1. Resolution
2. Youth Commission Bylaws Redlines
3. Updated Bylaws
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06/25/24/PRN/JRogers/Item XX 1 2024-XX
MODESTO CITY COUNCIL
RESOLUTION NO. 2024-
RESOLUTION APPROVING THE PROPOSED BYLAW AMENDMENTS FOR
THE CITY OF MODESTO YOUTH COMMISSION TO INCREASE
COMMISSION MEMBERS FROM NINE TO SEVENTEEN AND EXTEND THE
APPOINTMENT TERM FROM ONE YEAR TO TWO YEARS
WHEREAS, the City of Modesto Youth Commission (“Commission”) was established by Resolution No. 74-352 to provide young people the opportunity to participate in the governmental process; and
WHEREAS the Youth Commission remained active through the end of the 2010 school year; and
WHEREAS, in 2020, a group of local students engaged their peers to restore the Youth Commission resulting in the formation of an Advisory Board; and WHEREAS, by Resolution No. 2022-290, the Advisory Board updated the membership criteria and application process, created bylaws, and set youth-oriented goals for the Commission; and
WHEREAS, to increase diversity, productivity and duration, the Commission has proposed to update their bylaws with the following:
(a) Expand number of Commissioner seats from nine to seventeen. (b) Set seat designations: Eleven members of the Commission shall be from one of the schools outlined below, with one seat designated per school, and six seats for members at-large. If no qualified applications are received from a school listed below, that seat will convert to an at-large position for the remainder of the school year.
i. Beyer High School, Big Valley Christian School, Central Catholic High School, Davis High School, Downey High School, Elliot Alternative Education Center, Enochs High School, Gregori High School, Johansen High School, Modesto Christian School, Modesto High School
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06/25/24/PRN/JRogers/Item XX 2 2024-XX
(c) Expand Commissioner term to the full year, September through August; expand Commissioner seat term from one year to two years.
WHEREAS, the proposed bylaw amendments were reviewed by the Youth Commission on April 10, 2024, and the Commission, recommended the City Council approve the proposed amendments.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Modesto that it hereby approves the proposed bylaw amendments for the City of Modesto Youth Commission to increase Commission members from nine to seventeen and extend the appointment term from one to two years.
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06/25/24/PRN/JRogers/Item XX 3 2024-XX
The foregoing resolution was introduced at a regular meeting of the Council of the City of Modesto held on the 25th day of June 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 votes:
AYES: Councilmembers:
NOES: Councilmembers:
ABSENT: Councilmembers:
ABSTAIN: Councilmembers:
ATTEST: ________________________________
DIANE NAYARES-PEREZ, CMC,
City Clerk
(SEAL)
APPROVED AS TO FORM:
BY: _____________________________________
JOSE M. SANCHEZ, City Attorney
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Youth Commission Bylaws - Proposed Revisions
Youth Commission Bylaws – Adopted 06/28/2022– Resolution No. 2022-290 Page | 1
YOUTH COMMISSION
BYLAWS
Adopted June 28, 2022 by Resolution No. 2022-290
Article I. Definitions
Section 1.01 There is a Commission created to be known and designates as the Modesto Youth Commission
Section 1.02 As used in these Bylaws, unless a different meaning clearly appears from the context:
(a) “Member” shall mean a member of the Youth Commission. (b) “Youth Commission” and “Commission” shall mean the Youth Commission.
(c) “Regular Meeting” shall mean the monthly Commission meetings.
Article II. Mission Statement and Objectives
Section 2.01 Mission Statement:
The mission of the Modesto Youth Commission is to provide Modesto young people from diverse walks of life with the opportunity to participate actively in the governmental process, to provide advice and input on matters impacting youth, and act as liaison between the youth of Modesto and the City Council on matters affecting the quality of life for all youth.
Section 2.02 Vision Statement
To expand civic participation opportunities to diverse youth to share ideas, recommendations, and youth perspective in the development of City of Modesto programs and policies that affect their lives.
To educate youth through guidance and meaningful participation in the processes of civic engagement including the procedures for advocacy, collaboration, communicating the needs of youth, decision-making, leadership, and planning.
Section 2.03 Power and Duty
The Commission has the power and duty to:
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Youth Commission Bylaws - Proposed Revisions
Youth Commission Bylaws – Adopted 06/28/2022– Resolution No. 2022-290 Page | 2 (a) Act in an advisory capacity to the City Council and the City Manager in matters pertaining to youth, and to initiatives, policies and programs impacting the youth in the City of Modesto;
(b) Formulate and recommend programs to the City Council relating to the concerns and needs of youth in the City of Modesto;
(c) Promote engagement from nonprofits, neighborhood associations, and other groups to promote and provide better youth services and increase opportunities for youth engagement in the community;
(d) Work with other youth organizations in the City of Modesto and other communities to share ideas and strategies for increased youth engagement; (e) Act in an advisory capacity to other City commissions in matters of youthrelated concerns and programs; (f) Receive reports from City staff on ongoing efforts and strategies that have been established by the city related to youth activities, including but not limited to those implemented as solutions to problems encountered by youth; program development or improvement to eliminate gaps in service to youth; programs created or improved to provide access to resources; programs developed or improved to encourage youth participation and include the unique youth voice;
(g) Work with City staff to promote better youth services and to find solutions to concerns involving youth in the City of Modesto.
Article III. Membership
Section 3.01 The Youth Commission shall consist of seventeennine (179) qualified persons, comprised of the following:
Seat Designation Term
Chairperson One year, voted by simple majority of
commission.
Vice Chairperson One year, voted by simple majority of
commission.
Commissioners
(All Seventeen Commissioners)
TwoOne years, appointed by City Council.
Section 3.02 Eleven (11) members of the Commission shall be from one of the schools outlined below, with one seat designated per school, and six (6) seats for members at-large. If no qualified applications are received from a school listed below, that seat will convert to an at-large position for the remainder of the school year. #18..
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Youth Commission Bylaws - Proposed Revisions
Youth Commission Bylaws – Adopted 06/28/2022– Resolution No. 2022-290 Page | 3 (a) Beyer High School, Big Valley Christian School, Central Catholic High School, Davis High School, Downey High School, Elliot Alternative Education Center, Enochs High School, Gregori High School, Johansen High School, Modesto Christian School, Modesto High School Section 3.032 Youth Commissioners must either:
(a) Live within the boundaries of the City of Modesto.
(a) Be a full-time student enrolled in a City of Modesto high school; or. (a)(b) Be a full-time student enrolled in a homeschool program with accredited curriculum and reside within the boundaries of the City of Modesto.
Section 3.043No Member of the Commission shall be an employee of the City, nor of any bargaining unit for employees of the City, nor a person who receives compensation from the City.
Section 3.054All appointments to the Commission shall be recommended by the City’s Appointments Committee and approved by the City Council.
Section 3.065No Member of the Commission shall be a relative, by blood or marriage within the third degree of the Mayor, a Councilmember, a Charter Officer, or any Department Director or Deputy Department Director.
Article IV. Terms of Office
Section 4.01 Members may serve no more than twofour (24) consecutive full terms or past graduation, whichever comes first.
Section 4.02 A full term is twoone (21) years in duration.
Section 4.03 A partial term overof one (1) year shall be considered a full term for purposes of Section 4.01.
Section 4.04 Full term appointments begin on October September 1 and expire on June 30August 31.
Section 4.05 Members not eligible for reappointment may continue to serve until their successors are appointed. No member shall serve more than four (4) consecutive years, with the exception of those who are serving until their successors are appointed..
Section 4.06 The Members of the Commission shall receive no compensation for the performance of their official duties.
Section 4.07 Appointments to fill vacancies on the Commission shall be handled in the same manner as the original appointments pursuant to Section 3.05. When a vacancy #18..
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Youth Commission Bylaws - Proposed Revisions
Youth Commission Bylaws – Adopted 06/28/2022– Resolution No. 2022-290 Page | 4 occurs during a term, the appointment to fill such vacancy shall be for the unexpired portion of the term.
Section 4.08 Members of the Commission may be removed by a majority vote of the City Council after a recommendation by the Commission Chairperson for the following reasons:
(a) Misconduct, inefficiency, or willful neglect in the performance of their duties providing the Member is first provided in writing the reasons for such removal and gives the Member the opportunity to be heard before the City Council in their own defense.
(b) Refusal to resign from the Commission when no longer eligible for membership a resident of the City or when a conflict of interest exists.
Article V. Attendance at Meetings
Section 5.01 It shall be the responsibility of each Member to know the dates and times of all Commission Meetings. If a Members knows they will not be able to attend a regularly scheduled meeting, it shall be his or her responsibility to notify the Commission Secretary at least forty-eight (48) hours before the meeting, in order for the absence to be recorded as an excused absence.
Section 5.02 The minutes of each meeting will list those Members in attendance, those who are excused, and those who are unexcused.
Section 5.03 Attendance at meetings is expected and necessary to carry out the mission of the Commission. Three (3) or more unexcused absences are grounds for the removal from the Commission by the City Council.
Article VI. Officers and Their Duties
Section 6.01 Officers shall consist of Chair and Vice-Chair elected by a simple majority vote of Members of the Commission. Officers shall serve a one-year term.
Section 6.02 All officers shall exercise all privileges of membership, including the making of motions, seconding, and debate.
Section 6.03 The Chair shall preside at all meetings, shall appoint all ad hoc committees, and shall ensure that the bylaws, rules, and regulations as adopted by the Commission are properly enforced.
Section 6.04 The Vice-Chair shall assist the Chair in his/her duties and in the absence of the Chair shall perform all duties usually performed by the Chair. #18..
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Youth Commission Bylaws - Proposed Revisions
Youth Commission Bylaws – Adopted 06/28/2022– Resolution No. 2022-290 Page | 5 Section 6.05 The Commission Secretary shall be a City staff member, appointed by the department head, to serve as Secretary. The Commission Secretary shall keep a record of the minutes of all Commission meetings and such other duties as are usually performed by a secretary.
Article VII. Meetings
Section 7.01 Special meetings shall be called by the Chair as necessary.
Section 7.02 Notices of all meetings, including agendas, shall be given to all Members of the Commission, to the City Clerk, to the City Manager, and to all others as provided by law. All such notices shall be furnished to the Commission in writing at least seventy-two (72) hours prior to the time of such meeting.
Section 7.03 All meeting agendas will be posted at Tenth Street Plaza.
Section 7.04 All meetings shall comply with the requirements of the Ralph M. Brown Act.
Section 7.05 A quorum is necessary for the Commission to transact any business. A quorum shall be defined as a simple majority of active Commission Members, which is one-half of the active members plus one. Commission Members shall become inactive after graduation.
Section 7.06 All meetings of the Commission shall be open to the public and shall be held at a public facility, which is accessible in accordance with the regulations of the Americans with Disabilities Act.
Article VIII. Order of Proceedings
Section 8.01 Roberts Rules of Order shall be the guide for the parliamentary procedures in the conduct of Commission meetings.
Section 8.02 The order of proceedings of all meetings shall be as follows, subject to majority vote of the Members present:
(a) Roll Call
(b) Declaration of Conflict of Interest
(c) Public Comment Period
(d) Consent Items
(e) Old Business
(f) New Business
(g) Commission Comments and Reports
(h) Matters Too Late for the Agenda
(i) Adjournment
Section 8.03 Members of the public shall not speak unless recognized by the Chair and shall state his/her name before making any statement, which shall become part of the #18..
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Youth Commission Bylaws - Proposed Revisions
Youth Commission Bylaws – Adopted 06/28/2022– Resolution No. 2022-290 Page | 6 public record. The Chair may remove any person who refuses to follow these rules or the decision of the Chair.
Article IX. Amendments
Section 9.01 The Bylaws and any future amendments shall be subject to the final approval of the City Council and shall not and are not intended to go beyond any of the powers and duties given to the Commission by the City Council. 5078505.1
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Exhibit A
YOUTH COMMISSION
BYLAWS
Adopted June 28, 2022, by Resolution No. 2022-290
Article I. Definitions
Section 1.01 There is a Commission created to be known and designates as the Modesto Youth Commission
Section 1.02 As used in these Bylaws, unless a different meaning clearly appears from the context:
(a) “Member” shall mean a member of the Youth Commission. (b) “Youth Commission” and “Commission” shall mean the Youth Commission.
(c) “Regular Meeting” shall mean the monthly Commission meetings.
Article II. Mission Statement and Objectives
Section 2.01 Mission Statement:
The mission of the Modesto Youth Commission is to provide Modesto young people from diverse walks of life with the opportunity to participate actively in the governmental process, to provide advice and input on matters impacting youth, and act as liaison between the youth of Modesto and the City Council on matters affecting the quality of life for all youth.
Section 2.02 Vision Statement
To expand civic participation opportunities to diverse youth to share ideas, recommendations, and youth perspective in the development of City of Modesto programs and policies that affect their lives.
To educate youth through guidance and meaningful participation in the processes of civic engagement including the procedures for advocacy, collaboration, communicating the needs of youth, decision-making, leadership, and planning.
Section 2.03 Power and Duty
The Commission has the power and duty to:
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(a) Act in an advisory capacity to the City Council and the City Manager in matters pertaining to youth, and to initiatives, policies and programs impacting the youth in the City of Modesto;
(b) Formulate and recommend programs to the City Council relating to the concerns and needs of youth in the City of Modesto;
(c) Promote engagement from nonprofits, neighborhood associations, and other groups to promote and provide better youth services and increase opportunities for youth engagement in the community;
(d) Work with other youth organizations in the City of Modesto and other communities to share ideas and strategies for increased youth engagement; (e) Act in an advisory capacity to other City commissions in matters of youthrelated concerns and programs; (f) Receive reports from City staff on ongoing efforts and strategies that have been established by the city related to youth activities, including but not limited to those implemented as solutions to problems encountered by youth; program development or improvement to eliminate gaps in service to youth; programs created or improved to provide access to resources; programs developed or improved to encourage youth participation and include the unique youth voice;
(g) Work with City staff to promote better youth services and to find solutions to concerns involving youth in the City of Modesto.
Article III. Membership
Section 3.01 The Youth Commission shall consist of seventeen (17) qualified persons, comprised of the following:
Seat Designation Term
Chairperson One year, voted by simple majority of
commission.
Vice Chairperson One year, voted by simple majority of
commission.
Commissioners
(All Seventeen Commissioners)
Two years, appointed by City Council.
Section 3.02 Eleven (11) members of the Commission shall be from one of the schools outlined below, with one seat designated per school, and six (6) seats for members at-large. If no qualified applications are received from a school listed below, that seat will convert to an at-large position for the remainder of the school year. #18..
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(a) Beyer High School, Big Valley Christian School, Central Catholic High School, Davis High School, Downey High School, Elliot Alternative Education Center, Enochs High School, Gregori High School, Johansen High School, Modesto Christian School, Modesto High School Section 3.03 Youth Commissioners must either:
(a) Be a full-time student enrolled in a City of Modesto high school; or (b) Be a full-time student enrolled in a homeschool program with accredited curriculum and reside within the boundaries of the City of Modesto.
Section 3.04 No Member of the Commission shall be an employee of the City, nor of any bargaining unit for employees of the City, nor a person who receives compensation from the City.
Section 3.05 All appointments to the Commission shall be recommended by the City’s Appointments Committee and approved by the City Council.
Section 3.06 No Member of the Commission shall be a relative, by blood or marriage within the third degree of the Mayor, a Councilmember, a Charter Officer, or any Department Director or Deputy Department Director.
Article IV. Terms of Office
Section 4.01 Members may serve no more than two (2) consecutive full terms or past graduation, whichever comes first.
Section 4.02 A full term is two (2) years in duration.
Section 4.03 A partial term over one (1) year shall be considered a full term for purposes of Section 4.01.
Section 4.04 Full term appointments begin on September 1 and expire on August 31.
Section 4.05 Members not eligible for reappointment may continue to serve until their successors are appointed. No member shall serve more than four (4) consecutive years.
Section 4.06 The Members of the Commission shall receive no compensation for the performance of their official duties.
Section 4.07 Appointments to fill vacancies on the Commission shall be handled in the same manner as the original appointments pursuant to Section 3.05. When a vacancy occurs during a term, the appointment to fill such vacancy shall be for the unexpired portion of the term.
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Section 4.08 Members of the Commission may be removed by a majority vote of the City Council after a recommendation by the Commission Chairperson for the following reasons:
(a) Misconduct, inefficiency, or willful neglect in the performance of their duties providing the Member is first provided in writing the reasons for such removal and gives the Member the opportunity to be heard before the City Council in their own defense.
(b) Refusal to resign from the Commission when no longer eligible for membership or when a conflict of interest exists.
Article V. Attendance at Meetings
Section 5.01 It shall be the responsibility of each Member to know the dates and times of all Commission Meetings. If a Members knows they will not be able to attend a regularly scheduled meeting, it shall be his or her responsibility to notify the Commission Secretary at least forty-eight (48) hours before the meeting, in order for the absence to be recorded as an excused absence.
Section 5.02 The minutes of each meeting will list those Members in attendance, those who are excused, and those who are unexcused.
Section 5.03 Attendance at meetings is expected and necessary to carry out the mission of the Commission. Three (3) or more unexcused absences are grounds for the removal from the Commission by the City Council.
Article VI. Officers and Their Duties
Section 6.01 Officers shall consist of Chair and Vice-Chair elected by a simple majority vote of Members of the Commission. Officers shall serve a one-year term.
Section 6.02 All officers shall exercise all privileges of membership, including the making of motions, seconding, and debate.
Section 6.03 The Chair shall preside at all meetings, shall appoint all ad hoc committees, and shall ensure that the bylaws, rules, and regulations as adopted by the Commission are properly enforced.
Section 6.04 The Vice-Chair shall assist the Chair in his/her duties and in the absence of the Chair shall perform all duties usually performed by the Chair.
Section 6.05 The Commission Secretary shall be a City staff member, appointed by the department head, to serve as Secretary. The Commission Secretary shall keep a record of the minutes of all Commission meetings and such other duties as are usually performed by a secretary.
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Article VII. Meetings
Section 7.01 Special meetings shall be called by the Chair as necessary.
Section 7.02 Notices of all meetings, including agendas, shall be given to all Members of the Commission, to the City Clerk, to the City Manager, and to all others as provided by law. All such notices shall be furnished to the Commission in writing at least seventy-two (72) hours prior to the time of such meeting.
Section 7.03 All meeting agendas will be posted at Tenth Street Plaza.
Section 7.04 All meetings shall comply with the requirements of the Ralph M. Brown Act.
Section 7.05 A quorum is necessary for the Commission to transact any business. A quorum shall be defined as a simple majority of active Commission Members, which is one-half of the active members plus one. Commission Members shall become inactive after graduation.
Section 7.06 All meetings of the Commission shall be open to the public and shall be held at a public facility, which is accessible in accordance with the regulations of the Americans with Disabilities Act.
Article VIII. Order of Proceedings
Section 8.01 Roberts Rules of Order shall be the guide for the parliamentary procedures in the conduct of Commission meetings.
Section 8.02 The order of proceedings of all meetings shall be as follows, subject to majority vote of the Members present:
(a) Roll Call
(b) Declaration of Conflict of Interest
(c) Public Comment Period
(d) Consent Items
(e) Old Business
(f) New Business
(g) Commission Comments and Reports
(h) Matters Too Late for the Agenda
(i) Adjournment
Section 8.03 Members of the public shall not speak unless recognized by the Chair and shall state his/her name before making any statement, which shall become part of the public record. The Chair may remove any person who refuses to follow these rules or the decision of the Chair.
Article IX. Amendments
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Section 9.01 The Bylaws and any future amendments shall be subject to the final approval of the City Council and shall not and are not intended to go beyond any of the powers and duties given to the Commission by the City Council. #18..
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CITY OF MODESTO
COUNCIL AGENDA REPORT
DATE OF MEETING:
June 25, 2024
Date: June 4, 2024
TO: Mayor and City Council
THROUGH: Joseph P. Lopez, City Manager
FROM: Brandon Gillespie, Chief of Police
SUBJECT: First Amendment to Ballistic Vest Agreement with Adamson Police Products CONTACT: Jessica Smart, Police Administrator, [email protected], 209-572-9500 DESCRIPTION:
Consider approving the First Amendment with Adamson Police Products, Los Alamitos, CA, for Ballistic Vests increasing the Agreement amount by $113,416 and extending the term of the Agreement from June 30, 2024, to June 30, 2025. (Funding Source: General Fund) STRATEGIC PLAN ELEMENT:
The recommended action supports the City’s 2020-2025 Strategic Plan Initiative of Governance and Service Delivery by building community trust in city government through transparent and efficient service delivery.
BACKGROUND:
Officers are the first line of defense in safeguarding our community. They face being shot at, civil unrest, barricade and hostage situations and other high-risk incidents. In light of these realities, the Modesto Police Department has historically equipped its personnel with essential protective gear, including ballistic vests. Custom-fitted vests provide the most optimal protection and are provided at the time of hire and as a replacement every five years.
The National Institute of Justice (NIJ) Standard 0101.071 specifies the minimum performance requirements and test methods for the ballistic resistance of body armor used by United States law enforcement that is intended to protect the torso against handgun and rifle ammunition.
Additionally, the NIJ divides ballistic protection into different threat levels. The Modesto Police Department has adopted NIJ Level IIIA as the department standard for standard issue body armor.
1 https://nij.ojp.gov/ballistic-resistance-body-armor-nij-standard-010107 #19..
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City Council, June 25, 2024
First Amendment to Ballistic Vest Agreement with Adamson Police Products
On June 11, 2019, by Resolution No. 2019-260, the City Council approved a Purchase Agreement for Ballistic Vests with Adamson Police Products of Los Alamitos, CA for a two-year agreement with three one-year extension options, for a total amount not to exceed $314,000.
DISCUSSION:
The Modesto Police Department has received additional position allocations in recent years and has also seen a significant uptick in recruitment efforts that have resulted in record hiring of personnel. This has resulted in the need to extend and increase the existing agreement with Adamson Police Products. The current agreement is set to expire on June 30, 2024; however, the need to continue to provide custom fitted ballistic vests to new and existing sworn and civilian personnel remains.
The department anticipates the need to increase the agreement by an additional 110 vests, and the vendor has requested a price increase as it has not increased its pricing in the last two years of the agreement. As such, the department seeks to increase the agreement by $113,416, in a revised total amount not-to-exceed $427,416 and extending the term of the agreement from June 30, 2024, to June 30, 2025, to allow the department time to enter into a new agreement.
Modesto Municipal Code Section 8-3.203 generally requires all purchases, which 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(e) “Where the Purchasing Manager, in her discretion, determines that the term of an existing agreement should be extended for a period of no greater than one (1) year to allow the City to complete a formal bidding process for a long-term agreement or to avoid disruption to City projects or services” The extension of this agreement is required to avoid disruption in the Modesto Police Department with providing personnel with required Personal Protective Equipment.
FISCAL IMPACT:
The following is a five-year spending history for the Ballistic Vest agreement, showing a significant increase in the current year spending:
Agreement Year Cost
1 $42,087
2 $60,442
3 $22,061
4 $50,641
5 (Year-to-Date) $70,627
Sufficient funds are available in the current Police Department Fiscal Year Operating Budget in the Records and Support cost center’s police equipment account which resides in both the General Fund and Measure H Fund – depending on where the positions reside. Funds are budgeted each fiscal year for the provision of ballistic vests as it is a personal protective equipment and uniform requirement.
COMMITTEE RECOMMENDATION:
Due to the urgent nature of the action needed, as noted above, this item was not presented to a Council Committee.
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City Council, June 25, 2024
First Amendment to Ballistic Vest Agreement with Adamson Police Products
RECOMMENDED COUNCIL ACTION:
Staff Recommendations:
Resolution approving the First Amendment with Adamson Police Products, for Ballistic Vests, increasing the Agreement amount by $113,416 to a new total amount of $427,416 and extending the term of the Agreement from June 30, 2024, to June 30, 2025; and authorizing the City Manager, or his designee to execute the Amendment.
Approved by:
Brandon Gillespie, Chief of Police
Joseph P. Lopez, City Manager
Attachments:
1. Resolution
2. First Amendment to Ballistic Vest Agreement with Adamson Police Products
3. Original Signed Agreement
4. Bid Waiver
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1 MODESTO CITY COUNCIL
RESOLUTION NO. 2024-XXX
RESOLUTION APPROVING THE FIRST AMENDMENT WITH ADAMSON
POLICE PRODUCTS, FOR BALLISTIC VESTS, INCREASING THE
AGREEMENT AMOUNT BY $113,416 TO A NEW TOTAL AMOUNT OF
$427,416 AND EXTENDING THE TERM OF THE AGREEMENT FROM JUNE 30, 2024 TO JUNE 30, 2025; AND AUTHORIZING THE CITY MANAGER, OR
HIS DESIGNEE TO EXECUTE THE AMENDMENT
WHEREAS, on June 11, 2019, by Resolution No. 2019-260, the City Council approved a Purchase Agreement for Ballistic Vests with Adamson Police Products of Los Alamitos, CA, for a two-year agreement with three one-year extension options, for a total amount not to exceed $314,000; and
WHEREAS, in recent years, the Modesto Police Department has received additional position allocations and has also seen a significant uptick in recruitment efforts that have resulted in record hiring of personnel, and
WHEREAS, the department anticipates the need to increase the agreement by an additional 110 vests and the vendor has requested a price increase as it has not increased its pricing in the last two years of the agreement; and WHEREAS, the department seeks to increase the agreement by $113,416 for a revised total amount not to exceed $427,416 and extending the term of the agreement from June 30, 2024, to June 30, 2025, to allow the department time to enter into a new agreement; 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 be formally bid. However, exceptions to the formal bidding process are granted in MMC 8-3.204(e) “Where the Purchasing Manager, in her discretion, #19..
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2 determines that the term of an existing agreement should be extended for a period of no greater than one (1) year to allow the City to complete a formal bidding process for a long-term agreement or to avoid disruption to City projects or services”. The extension of this agreement is required to avoid disruption in the Modesto Police Department by providing personnel with required Personal Protective Equipment.
NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Modesto that it hereby approves the First Amendment with Adamson Police Products, for Ballistic Vests, increasing the Agreement amount by $113,416 to a new total amount of $427,416 and extending the term of the Agreement from June 30, 2024, to June 30, 2025.
BE IT FURTHER RESOLVED that the City Manager, or his designee, is hereby authorized to execute the First Amendment, in a form approved by the City Attorney.
The foregoing resolution was introduced at a regular meeting of the Council of the City of Modesto held on the 25th day of June 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, CMC,
City Clerk
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3 (SEAL)
APPROVED AS TO FORM:
BY: _____________________________________
JOSE M. SANCHEZ, City Attorney
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1 FIRST AMENDMENT TO PURCHASE AGREEMENT
FOR BALLISTIC VEST WITH ADAMSON POLICE PRODUCTS
This FIRST AMENDMENT to the PURCHASE AGREEMENT, made and entered into in the City of Modesto, State of California, this _______ day of _____________, 2024, by and between the City of Modesto, a municipal corporation of the State of California, hereinafter called CITY, and ADAMSON POLICE PRODUCTS, Los Alamitos, Ca, hereinafter collectively referred to as VENDOR.
This FIRST AMENDMENT to the PURCHASE AGREEMENT is made with reference to the following recitals:
A. A Purchase Agreement NO. 159217, hereinafter referred to as AGREEMENT was entered into by and between CITY and VENDOR on the 1st day of July 2019 to provide Ballistic Vests for the City of Modesto Police Department.
B. The AGREEMENT provides that the cost of the AGREEMENT shall not exceed $314,000 per Council Resolution 2019-260.
C. The CITY has had an increase in personnel and estimates that an additional amount of $113,416 will be needed to ensure sufficient funding for the purchase of Ballistic Vests through the end of the AGREEMENT.
D. CITY and VENDOR desire to amend the AGREEMENT to extend the “TERM OF THE CONTRACT” for twelve (12) months, through June 30, 2025.
E. CITY and VENDOR now desire to memorialize the change to the terms of the AGREEMENT with this FIRST AMENDMENT.
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2 NOW, THEREFORE, the parties hereto mutually agree to the following:
1. The second paragraph of the AGREEMENT is hereby amended in its entirety to read as follows: “The terms and conditions of RFB 1819-42 are an integral part of this agreement.
The total amount paid to Vendor shall not to exceed $427,416 over the term of the agreement.”
2. Section 2, TERM OF THE CONTRACT, of the AGREEMENT shall be amended to include the following:
YEAR SIX: July 1, 2024, through June 30, 2025.
3. Attachment A, CONTRACTUAL PRICE LIST, of the AGREEMENT shall be removed in entirety and replaced with the following:
ATTACHMENT A
PURCHASE AGREEMENT NO. 159217
ADAMSON POLICE PRODUCTS – BALLISTIC VESTS
CONTRACTUAL PRICE LIST
Item Description Annual Quantity Unit of Issue Unit Price Ballistic Vest – Threat Level IIIA,
extended coverage with side panels and
shock plate
80 Approx. Each $947.00 /Each
Manufacturer Name: __Safariland Armor_____ Model No.: SX02 PRICING IS F.O.B. DESTINATION, MODESTO, CA. ANY FREIGHT/DELIVERY CHARGES SHALL BE INCLUDED IN THE UNIT PRICE.
4. Except as modified and amended by this FIRST AMENDMENT, all other provisions of the AGREEMENT shall remain unchanged and in full force and effect. #19..
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3 IN WITNESS WHEREOF, the CITY OF MODESTO, a Municipal Corporation, has authorized the execution of this First Amendment to the Purchase Agreement by its Director of Finance under authority of Resolution No. , adopted by the Council of the City of Modesto on the _______ day of ___________, 2024, and Adamson Police Products, has caused this First Amendment to the Purchase Agreement to be duly executed. #19..
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CITY OF MODESTO
COUNCIL AGENDA REPORT
DATE OF MEETING:
June 25, 2024
Date: May 22, 2024
TO: Mayor & City Council
THROUGH: Joseph P. Lopez, City Manager
FROM: William Wong, Director of Utilities
SUBJECT: Engineering Services Agreements with Carollo Engineers Downtown Sewer Trunk Rehabilitation
Santa Rosa Sewer Trunk Rehabilitation
CONTACT: Cristian Ciotau, Engineering Division Manager
[email protected], 209-577-5260
DESCRIPTION:
Consider approving two Engineering Services Agreements with Carollo Engineers, of Walnut Creek, CA, for the Downtown Sewer Trunk Rehabilitation and the Santa Rosa Sewer Trunk Rehabilitation Projects, in the amount of $935,326, plus $93,534 in additional services, if needed, for a combined amount not to exceed $1,028,860. (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 2016 Wastewater Collection System Condition Assessment Report prepared by Brown and Caldwell provided Utilities Department staff with an understanding of current pipeline and manhole conditions in the collection system by inspecting and assessing a representative number of unlined reinforced concrete pipe reaches and manholes. The report documented procedures and findings of the investigation and provided recommendations for the repair and rehabilitation of the pipeline and manhole assets.
The following areas have been identified as being moderately to severely deteriorated:
Downtown Sewer Trunk
This project will consist of two sections, the first section will rehabilitate 1,300 feet of 18-inch unlined reinforced concrete pipe and seven associated manholes; the second section will rehabilitate 800 feet of 21-inch unlined concrete pipe and four associated manholes. #20..
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City Council Meeting, June 25, 2024
Engineering Services Agreements with Carollo Engineers
Downtown Sewer Trunk Rehabilitation
Santa Rosa Sewer Trunk Rehabilitation
Santa Rosa Trunk
This project will rehabilitate 3,300 feet of 27-inch unlined reinforced concrete pipe and 11 associated manholes.
DISCUSSION:
Due to the complexity of these projects, and to increase efficiencies, staff have requested the use of a consultant to provide engineering services for the Downtown Sewer Trunk Rehabilitation and Santa Rosa Sewer Trunk Rehabilitation Projects.
On June 13, 2023, by Resolution No. 2023-278, Council approved a Prequalified List of Consultants to Provide Water, Wastewater and Storm Drain Engineering Services for Various Capital Projects.
In accordance with Administrative Directive 3.1, Selection Procedures for Professional Consultants Who Provide Architectural and Engineering Services for Capital Projects, a Request for Proposal (RFP) was sent to the four (4) prequalified consultants.
On February 27, 2024, staff received and distributed two (2) proposals to a selection committee consisting of Utilities Engineering and Operations staff. The selection committee evaluated the proposals and determined Carollo Engineers (Carollo), of Walnut Creek, CA to be the most qualified and responsive. Carollo’s sealed proposal costs were opened after the selection ranking had been finalized; the proposal cost and scope were reviewed and negotiated to provide design and bid period services.
The scope of services to be provided under these agreements include:
Project Management
Field Investigations
Permitting Assistance
Development of Construction Documents
Bid Phase Services
Engineering Support During Construction
In accordance with Modesto Municipal Code 8-3.204(a) “Exceptions to Formal Bidding Requirements,” Agreements for Professional Services are exempt from the bidding requirements of Modesto Municipal Code 8-3.203 if competitive quotations or proposals have been sought informally from at least three (3) qualified entities. However, staff proceeded with the RFP process pursuant to Administrative Directive 3.1 and two (2) proposals were received as part of this solicitation. Staff recommends approval of the Engineering Services Agreements with Carollo for the Downtown Sewer Trunk Rehabilitation and the Santa Rosa Sewer Trunk Rehabilitation Projects.
FISCAL IMPACT:
Expenses associated with these Projects will be house in the following Non-Capital Projects:
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City Council Meeting, June 25, 2024
Engineering Services Agreements with Carollo Engineers
Downtown Sewer Trunk Rehabilitation
Santa Rosa Sewer Trunk Rehabilitation
101558 – Downtown Sewer Trunk Rehabilitation
101559 – Santa Rosa Sewer Trunk Rehabilitation
ANTICIPATED PROJECT EXPENDITURES:
101558 101559 Total
Construction $3,000,000 $3,000,000 $6,000,000
Construction Contingency $300,000 $300,000 $600,000
Construction Administration – City Staff $350,000 $350,000 $700,000 Engineering Services Agreement - Carollo $497,892 $437,434 $935,326 10% Additional Services, if Needed $49,790 $43,744 $93,534 Engineering/Design/Administration $75,000 $75,000 $150,000 Total $4,272,682 $4,206,178 $8,478,860
A budget adjustment in the amount of $8,431,782 from Wastewater Fund Reserves will be necessary to establish the expense budgets for the Downtown Sewer Trunk Rehabilitation and Santa Rosa Sewer Trunk Rehabilitation Projects.
COMMITTEE RECOMMENDATION
This item was considered by the Finance Committee at the meeting held on May 20, 2024, where it was recommended that it be forwarded to Council for approval.
CEQA/NEPA REQUIREMENTS:
Staff will be utilizing an on-call CEQA Environmental Planning and Compliance consultant to determine the environmental requirements associated with the Downtown Sewer Trunk Rehabilitation and Santa Rosa Sewer Trunk Rehabilitation Projects.
RECOMMENDED COUNCIL ACTION:
Staff Recommendations:
Resolution approving an Engineering Services Agreement with Carollo Engineers, of Walnut Creek, CA, for the Downtown Sewer Trunk Rehabilitation Project in the amount of $497,892, plus $49,790 in additional services, if needed, for an Agreement total amount not to exceed $547,682; and authorizing the City Manager, or his designee, to execute the Agreement.
Resolution approving an Engineering Services Agreement with Carollo Engineers, of Walnut Creek, CA, for the Santa Rosa Sewer Trunk Rehabilitation Project in the amount of $437,434, plus $43,744 in additional services, if needed, for an Agreement total amount not to exceed $481,178; and authorizing the City Manager, or his designee, to execute the Agreement.
Resolution approving an amendment to the Fiscal Year 2023-24 Multi-Year Program Budget in the amount of $8,431,782 from Wastewater Reserves to fund the Downtown Sewer Trunk Rehabilitation and Santa Rosa Sewer Trunk Rehabilitation Projects.
Approved by:
William Wong, Director of Utilities
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City Council Meeting, June 25, 2024
Engineering Services Agreements with Carollo Engineers
Downtown Sewer Trunk Rehabilitation
Santa Rosa Sewer Trunk Rehabilitation
Joseph P. Lopez, City Manager
Attachments:
1. Resolutions (3)
2. Carollo – Downtown Sewer Trunk Rehabilitation Agreement & Exhibits
3. Carollo – Santa Rosa Sewer Trunk Rehabilitation Agreement & Exhibits #20..
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1 2024-
MODESTO CITY COUNCIL
RESOLUTION NO. 2024-
RESOLUTION APPROVING AN ENGINEERING SERVICES AGREEMENT
WITH CAROLLO ENGINEERS, OF WALNUT CREEK, CA, FOR THE
DOWNTOWN SEWER TRUNK REHABILITATION PROJECT IN THE
AMOUNT OF $497,892, PLUS $49,790 IN ADDITIONAL SERVICES, IF
NEEDED, FOR AN AGREEMENT TOTAL AMOUNT NOT TO EXCEED
$547,682; AND AUTHORIZING THE CITY MANAGER, OR HIS DESIGNEE,
TO EXECUTE THE AGREEMENT
WHEREAS, the 2016 Wastewater Collection System Condition Assessment Report prepared by Brown and Caldwell provided Utilities Department staff with an understanding of current pipeline and manhole conditions in the collection system by inspecting and assessing a representative number of unlined reinforced concrete pipe reaches and manholes, and
WHEREAS, the report documented procedures and findings of the investigation and provided recommendations for the repair and rehabilitation of the pipeline and manhole assets, and
WHEREAS, sections of the Downtown Sewer Trunk were identified as being moderately to severely deteriorated, and
WHEREAS, the rehabilitation project will consist of two sections, the first section will rehabilitate 1,300 feet of 18-inch unlined reinforced concrete pipe and seven associated manholes; the second section will rehabilitate 800 feet of 21-inch unlined concrete pipe and four associated manholes, and
WHEREAS, on June 13, 2023, by Resolution No. 2023-278, Council approved a pre-qualified list of consultants for Engineering Design Services for Water, Wastewater, and Storm Drain Capital Improvement Program Projects, and #20..
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2 2024-
WHEREAS, in accordance with Administrative Directive 3.1, Selection Procedures for Professional Consultants Who Provide Architectural and Engineering Services for Capital Projects, a Request for Proposal (RFP) was sent to the four (4) prequalified consultants, and WHEREAS, staff received and distributed two (2) proposal to a selection committee consisting of Utilities Engineering and Operations staff, and WHEREAS, the selection committee evaluated the proposal and determined Carollo Engineers to be qualified and responsive, and
WHEREAS, in accordance with Modesto Municipal Code 8-3.204(a) “Exceptions to Formal Bidding Requirements,” Agreements for Professional Services are exempt from the bidding requirements of Modesto Municipal Code 8-3.203 if competitive quotations or proposals have been sought informally from at least three (3) qualified entities.
NOW, THEREFORE BE IT RESOLVED by the Council of the City of Modesto that it hereby approves an Engineering Services Agreement with Carollo Engineers for the Downtown Sewer Trunk Rehabilitation Project in the amount of $497,892, plus $49,790 in additional services, if needed, for a total amount not to exceed $547,682.
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. #20..
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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 25th day of June 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, CMC, 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 APPROVING AN ENGINEERING SERVICES AGREEMENT
WITH CAROLLO ENGINEERS, OF WALNUT CREEK, CA, FOR THE SANTA
ROSA SEWER TRUNK REHABILITATION PROJECT IN THE AMOUNT OF $437,434, PLUS $43,744 IN ADDITIONAL SERVICES, IF NEEDED, FOR AN AGREEMENT TOTAL AMOUNT NOT TO EXCEED $481,178; AND
AUTHORIZING THE CITY MANAGER, OR HIS DESIGNEE, TO EXECUTE
THE AGREEMENT
WHEREAS, the 2016 Wastewater Collection System Condition Assessment Report prepared by Brown and Caldwell provided Utilities Department staff with an understanding of current pipeline and manhole conditions in the collection system by inspecting and assessing a representative number of unlined reinforced concrete pipe reaches and manholes, and
WHEREAS, the report documented procedures and findings of the investigation and provided recommendations for the repair and rehabilitation of the pipeline and manhole assets, and
WHEREAS, sections of the Santa Rosa Sewer Trunk were identified as being moderately to severely deteriorated, and
WHEREAS, this project will rehabilitate 3,300 feet of 27-inch unlined reinforced concrete pipe and 11 associated manholes, and
WHEREAS, on June 13, 2023, by Resolution No. 2023-278, Council approved a pre-qualified list of consultants for Engineering Design Services for Water, Wastewater, and Storm Drain Capital Improvement Program Projects, and WHEREAS, in accordance with Administrative Directive 3.1, Selection Procedures for Professional Consultants Who Provide Architectural and Engineering #20..
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2 2024-
Services for Capital Projects, a Request for Proposal (RFP) was sent to the four (4) prequalified consultants, and WHEREAS, staff received and distributed two (2) proposal to a selection committee consisting of Utilities Engineering and Operations staff, and WHEREAS, the selection committee evaluated the proposal and determined Carollo Engineers to be qualified and responsive, and
WHEREAS, in accordance with Modesto Municipal Code 8-3.204(a) “Exceptions to Formal Bidding Requirements,” Agreements for Professional Services are exempt from the bidding requirements of Modesto Municipal Code 8-3.203 if competitive quotations or proposals have been sought informally from at least three (3) qualified entities.
NOW, THEREFORE BE IT RESOLVED by the Council of the City of Modesto that it hereby approves an Engineering Services Agreement with Carollo Engineers for the Santa Rosa Sewer Trunk Rehabilitation Project in the amount of $437,434, plus $43,744 in additional services, if needed, for a total amount not to exceed $481,178.
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. #20..
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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 25th day of June 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, CMC, 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 APPROVING AN AMENDMENT TO THE FISCAL YEAR 2023- 24 MULTI-YEAR PROGRAM BUDGET IN THE AMOUNT OF $8,431,782
FROM WASTEWATER RESERVES TO FUND THE DOWNTOWN SEWER
TRUNK REHABILITATION AND SANTA ROSA SEWER TRUNK
REHABILITATION PROJECTS
WHEREAS, certain budgetary transactions are necessary in the amount of $8,431,782, in order to fund the Downtown Sewer Trunk Rehabilitation and Santa Rosa Sewer Trunk Rehabilitation Projects, and
WHEREAS, the Fiscal Year 2023-24 Multi-Year 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 Multi-Year Program Budget in the amount of $8,431,782.
BE IT FURTHER RESOLVED that the City Manager, or his designee, is hereby authorized to implement the provisions of this resolution. #20..
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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 25th day of June 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-
ENGINEERING SERVICES AGREEMENT
DOWNTOWN SEWER TRUNK REHABILITATION PROJECT
THIS AGREEMENT, made and entered into in the City of Modesto, State of California, this day of , 2024, (“Effective Date”) by and between the CITY OF MODESTO, a municipal corporation of the State of California, hereinafter referred to as "City", and CAROLLO ENGINEERS, INC., a Delaware corporation, hereinafter referred to as "Consultant".
This Agreement is made with regard to the following recitals:
A. The City has determined that Engineering Services are necessary for the Downtown Sewer Trunk Rehabilitation Project.
B. Consultant represents that it is qualified, willing and able to provide said services.
NOW, THEREFORE, in consideration of this agreement, and the mutual promises, covenants, and stipulations hereinafter contained, the parties agree as follows:
1. SCOPE OF SERVICES.
Consultant shall undertake and complete the preparation of the scope of work as set forth and described in the documents attached hereto and referred to as Exhibit "A" or "project". The Consultant shall perform the services as described in Exhibit "A" in a manner compatible with the standards of its profession and shall produce a fully complete project that is acceptable to City.
2. TERM OF AGREEMENT.
This Agreement is effective as of the date first written above and will continue in effect until City's acceptance of and payment for all services authorized by City and #20..
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-2-
performed by Consultant unless terminated earlier in accordance with the provisions of the termination clause in this Agreement.
Consultant shall undertake and complete the preparation of the scope of work as set forth and described in the documents commonly referred to as “project” attached hereto as Exhibit "A" and made a part hereof. City hereby gives Consultant notice to proceed with the preparation of the project in the manner described in Exhibit "A", as of the Effective Date of this agreement. Consultant shall diligently proceed with the preparation of the project and agrees to complete said preparation within the time period set forth in Exhibit "A".
3. COMPENSATION.
Consultant agrees to accept a sum not to exceed FOUR HUNDRED NINETY-SEVEN THOUSAND EIGHT HUNDRED NINETY-TWO AND 00/100 DOLLARS ($497,892) (maximum compensation) as full remuneration for performing all services and furnishing all staffing and materials for Modesto in accordance with Exhibit "A" attached hereto and for performance by Consultant of all of its duties and obligations under this Agreement, except that additional services may be compensated as described below.
The Compensation shall be paid pursuant in the manner and at the times set forth below:
City shall pay Consultant on a time and materials basis for Consultant’s actual costs for all work called for in Exhibit “A” to this Agreement. All work to be performed under this Agreement shall be billed at the hourly rates set forth in Exhibit “B” attached hereto, Consultant shall submit monthly invoices to City which include detailed tasks, hours worked, and billable rates for all work completed, and detailed receipts for any out-of-pocket costs paid by Consultant in connection with work performed on this project. #20..
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Additional services may be authorized by the City Manager in an amount up to, but not to exceed ten percent (10%) of the agreed maximum compensation, or FORTYNINE THOUSAND SEVEN HUNDRED NINETY AND 00/100 DOLLARS ($49,790). In the event that additional services are deemed necessary, the Consultant shall provide a written request to the City Manager indicating the reason for additional work, scope and cost of such work. The City Manager shall provide a written response to the request, either approving or denying the additional expenditure. If additional services are requested and approved, they will be billed at the hourly rates set forth in Exhibit “B” and may not exceed the amount requested and approved in writing by the City Manager. In that event, the new total compensation shall not exceed FIVE HUNDRED FORTY-SEVEN THOUSAND SIX HUNDRED EIGHTY-TWO AND 00/100 DOLLARS ($547,682). If additional services in excess of this amount are deemed necessary by City Staff, an amendment to this Agreement will be required and must be approved by the City Council prior to commencing the work, as provided in Paragraph 9 of this agreement.
4. OBLIGATIONS OF CONSULTANT.
Throughout the term of this Agreement, Consultant shall possess, or secure all licenses, permits, qualifications and approvals legally required to conduct business.
Consultant warrants that it has all of the necessary professional capabilities and experience, as well as all tools, instrumentalities, facilities and other resources necessary to provide the City with the services contemplated by this Agreement. Consultant further warrants that it will follow the best current, generally accepted and professional practices to make findings, render opinions, prepare factual presentations, and provide professional advice and recommendations regarding this project.
In providing opinions of cost, financial analyses, economic feasibility projections, and schedules for potential projects, Consultant has no control over cost or price of #20..
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labor and material; unknown or latent conditions of existing equipment or structures that may affect operation and maintenance costs; competitive bidding procedures and market conditions; time or quality of performance of third parties; quality, type, management, or direction of operating personnel; and other economic and operational factors that may materially affect the ultimate project cost or schedule. Therefore, Consultant makes no warranty that the City’s actual project costs, financial aspects, economic feasibility, or schedules will not vary from Consultant’s opinions, analyses, projections, or estimates.
Consultant is not responsible for damage or delay in performance caused by events beyond the reasonable control of Consultant. In the event Consultant’s services are suspended, delayed or interrupted for the convenience of the City or delays occur beyond the reasonable control of Consultant, an equitable adjustment in Consultant’s time of performance and cost of Consultant’s personnel and subcontractors may be made.
5. OBLIGATIONS OF CITY.
The City shall furnish Consultant available studies, reports, and other data pertinent to Consultant’s services; obtain or authorize Consultant to obtain or provide additional reports and data as required; furnish to Consultant services of others required for the performance of Consultant’s services hereunder, and Consultant shall be entitled to use and rely upon all such information and services provided by the City or others in performing Consultant’s services under this agreement.
6. PERFORMANCE BY KEY EMPLOYEE.
Consultant has represented to City that Ryan Sellman, will be the person primarily responsible for the performance of the services referred to in this Agreement. City has entered into this Agreement in reliance on that representation by Consultant. Consultant #20..
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therefore agrees that ten percent (10%) or more of the time to be devoted to the project that is the subject of this Agreement will be that of the above-named person.
7. OWNERSHIP OF DOCUMENTS/TITLE TO DATA.
Ownership of Documents
All reports, drawings, designs, graphics, working papers and other incidental work or materials furnished hereunder shall become and remain the property of the City, and may be used by City as it may require without any additional cost to City. No reports shall be used by the Consultant for purposes other than this contract without the express prior written consent of City.
Documents, including drawings and specifications, prepared by Consultant pursuant to this assignment are not intended or represented to be suitable for reuse by the City or others for this Project or on any other project. Any reuse of completed documents or use of partially completed documents without written verification or concurrence by Consultant for the specific purpose intended will be at the City’s sole risk and without liability or legal exposure to Consultant.
Title to Data
If, as a part of the agreement, Consultant is required to produce data such as, but not limited to, drawings, plans, specifications, calculations, models, flow diagrams, visual aids and other related materials, the originals of all such data generated under this agreement will be delivered to City upon the completion or termination of services under the contract.
All materials, documents, data or information obtained from the City data files or any City medium furnished to Consultant in the performance of this Agreement will at all times remain the property of the City. Such data or information may not be used or copied for #20..
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direct or indirect use by Consultant after termination of this Agreement without written consent of the City.
8. NEWS AND INFORMATION RELEASE.
Consultant agrees that it will not issue any news releases in connection with either the award of this Agreement, or any subsequent amendment of or efforts under this Agreement, without first obtaining review and approval of said news releases from City through the City Manager.
9. INTEREST OF CONTRACTOR.
Consultant warrants that it presently has no interest and shall not acquire any interest, direct or indirect, which would conflict in any manner or degree with the performance of services required to be performed under this Agreement. Consultant warrants that, in performance of this Agreement, Consultant shall not employ any person having any such interest. Consultant agrees to file a Statement of Economic Interests with the City Clerk at the start and end of this contract if so required at the option of City.
10. AMENDMENTS.
Both parties to this Agreement understand that it may become desirable or necessary during the execution of this Agreement, for City or Consultant to modify the scope of services provided for under this Agreement. Any material extension or change in the scope of work shall be discussed with City and the change and cost shall be memorialized in a written amendment to the original contract prior to the performance of the additional work.
Until a change order is so executed, City will not be responsible to pay any charges Consultant may incur in performing such additional services, and Consultant shall not be required to perform any such additional services. #20..
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11. INDEPENDENT CONTRACTOR.
All acts of Consultant, its agents, officers, and employees and all others acting on behalf of Consultant relating to the performance of this Agreement, shall be performed as independent contractors and not as agents, officers, or employees of City. Consultant, by virtue of this Agreement, has no authority to bind or incur any obligation on behalf of City.
Consultant has no authority or responsibility to exercise any rights or power vested in the City.
No agent, officer, or employee of the City is to be considered an employee of Consultant. It is understood by both Consultant and City that this Agreement shall not under any circumstances be construed or considered to create an employer-employee relationship or a joint venture.
Consultant, its agents, officers and employees are and, at all times during the terms of this Agreement, shall represent and conduct themselves as independent contractors and not as employees of City.
Consultant shall determine the method, details and means of performing the work and services to be provided by Consultant under this Agreement. Consultant shall be responsible to City only for the requirements and results specified in this Agreement, and, except as expressly provided in this Agreement, shall not be subjected to City's control with respect to the physical action or activities of the Consultant in fulfillment of this Agreement. Consultant has control over the manner and means of performing the services under this Agreement.
Consultant is permitted to provide services to others during the same period service is provided to City under this Agreement. If necessary, Consultant has the responsibility for employing other persons or firms to assist Consultant in fulfilling the terms and obligations under this Agreement.
If in the performance of this Agreement any third persons are employed by Consultant, such persons shall be entirely and exclusively under the direction, supervision, and #20..
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control of Consultant. All terms of employment including hours, wages, working conditions, discipline, hiring, and discharging or any other term of employment or requirement of law shall be determined by the Consultant.
It is understood and agreed that as an independent contractor and not an employee of City neither the Consultant or Consultant's assigned personnel shall have any entitlement as a City employee, right to act on behalf of the City in any capacity whatsoever as an agent, or to bind the City to any obligation whatsoever.
It is further understood and agreed that Consultant must issue W-2 forms or other forms as required by law for income and employment tax purposes for all of Consultant's personnel.
As an independent contractor, Consultant hereby indemnifies and holds City harmless from any and all claims that may be made against City based upon any contention by any third party that an employer-employee relationship exists by reason of this Agreement.
12. ASSIGNMENT.
Neither this Agreement nor any portion thereof shall be subcontracted or assigned without the express prior written consent of the City in each and every instance.
13. PATENT/COPYRIGHT MATERIALS.
Unless otherwise expressly provided in the contract, Consultant shall be solely responsible for obtaining the right to use any patented or copyrighted materials in the performance of this Agreement. Consultant shall furnish a warranty of such right to use to City at the request of City.
14. NOTICES.
Notice required by this Agreement shall be given in writing and shall be deemed given and effective upon receipt provided that such are delivered in accordance with the #20..
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provisions of this Section. Notices shall be delivered either by: (a) personal delivery (including delivery by an overnight courier service which obtains confirmation of receipt); or (b) by facsimile, provided that such transmission is followed by delivery by an overnight courier service which obtains confirmation of receipt; or (c) postage prepaid, return receipt requested, certified mail; or (d) by electronic transmission subject to reasonable proof that the notice was both transmitted and received. Each such notice shall be sent to the parties at the address respectively set forth below or to such other address as a party may designate by written notice given in accordance with the provisions of this Section:
FOR CONSULTANT: Name: Carollo Engineers, Inc.
Address: 2880 Gateway Oaks Drive
Suite 300
Sacramento, CA 95833
Attention: Ryan Sellman
Phone: (916) 565-4888
Email: [email protected]
FOR CITY: Name: City of Modesto
Address: 1010 10th Street
Suite 4600
Modesto, CA 95354
Attention: Cristian Ciotau
Phone: (209) 577-5260
Email: [email protected]
15. INSURANCE REQUIREMENTS.
The Consultant shall provide at its own expense and maintain at all times the following insurance with insurance companies licensed in the State of California and shall provide evidence of such insurance to the City as may be required by the Risk Manager of the City. The policies or certificates thereof shall provide that, thirty (30) days prior to cancellation or reduction in the policy, notices of same shall be given to the Risk Manager of the City by certified mail, return receipt requested, for all of the following stated insurance policies. #20..
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In the event the certificates of insurance required hereunder do not provide for notice of cancellation to the certificate holder and/or additional insureds, the Consultant shall provide, and shall require its subcontractors to provide, as an express condition precedent to payment hereunder, an endorsement from their insurers providing that the additional insureds identified herein shall be provided 30 days notice of the cancellation on the policies of insurance required hereunder (10 days notice if the policies are cancelled for non-payment of premium). In addition, the named insured on all such policies shall provide to the additional insureds identified herein any notices of cancellation of said insurance policies within 5 business days of receipt of such notice. The Consultant shall, as a further express condition precedent to payment for work performed, affirm under penalty of perjury that the required insurance on the project remains in place and said insurance has not been cancelled.
(a) Worker's Compensation - in compliance with the statutes of the State of California, plus employer's liability with a minimum limit of liability of $1,000,000. (b) General Liability insurance with a minimum limit of liability per occurrence of $1,000,000 for bodily injury and property damage. If Commercial General Liability Insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit. This insurance shall indicate on the certificate of insurance the following coverages and indicate the policy aggregate limit applying to: premises and operations; broad form contractual; independent consultants and subcontractors; products and completed operations as applicable.
(c) Automobile Liability insurance with a minimum limit of liability per occurrence of $1,000,000 for bodily injury and property damage. This insurance shall cover any automobile for bodily injury and property damage.
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(d) Professional Liability insurance with a minimum limit of $1,000,000 per claim and policy aggregate. If coverage is on a claims made basis it shall be maintained for at least three (3) years following completion of the work.
If at any time any of said policies shall be unsatisfactory to the City, as to form or substance, or if a company issuing such policy shall be unsatisfactory to the City, the Consultant shall promptly obtain a new policy, submit the same to the Risk Manager for approval and submit a certificate thereof as hereinabove provided. Upon failure of the Consultant to furnish, deliver or maintain such insurance and certificates as above provided, this Agreement, at the election of the City, may be forthwith declared suspended or terminated.
Failure of the Consultant to obtain and/or maintain any required insurance shall not relieve the Consultant from any liability under this Agreement, nor shall the insurance requirements be construed to conflict with or otherwise limit the obligations of the Consultant concerning indemnification. The City, its agents, officers, employees, and volunteers shall be named as an additional insured on all insurance policies required herein, except Workers' Compensation and Professional Liability. The Workers' Compensation insurer shall agree to waive all rights of subrogation against the City, its agents, officers, employees, and volunteers for losses arising from work performed by Consultant for the City. The Consultant's insurance policy(ies) shall include a provision that the coverage is primary as respects the City; shall include no special limitations to coverage provided to additional insured; and, shall be placed with insurer(s) with acceptable Best's rating of A:VII or with approval of the Risk Manager. The Consultant must deliver certificates evidencing existence of the insurance listed above to the City prior to the time the contract is signed.
CONSULTANT shall provide CITY with separate endorsements evidencing proof of the CITY’s additional insured status as to both the general liability and #20..
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automobile liability insurance policies. In addition, CONSULTANT shall provide CITY with a Workers Compensation subrogation waiver by way of a separate endorsement. All endorsements referenced above must include the applicable policy number.
For any claims related to this project, the CONSULTANT’S insurance coverage shall be primary insurance as respects the Entity, its officers, officials, employees, and volunteers. Any insurance or self-insurance maintained by the Entity, its officers, officials, employees, or volunteers shall be excess of the CONSULTANT’S insurance and shall not contribute with it.
16. TERMINATION OF AGREEMENT.
Termination by City for Default of Consultant
Should Consultant default in the performance of this Agreement or materially breach any of its provisions, at its option, City may terminate this Agreement by giving written notification to Consultant. The termination date shall be the effective date of the notice. For the purposes of this section, material breach of this Agreement shall include, but not be limited to, any of the following: failure to perform required services or duties, willful destruction of City's property by Consultant, dishonesty or theft.
Termination by City for Convenience
The City may also terminate the Consultant's performance under the Agreement, either in whole or in part, at its own discretion, or when conditions encountered during the Work make it impossible or impracticable to proceed, or when the City is prevented from proceeding with the Agreement by act of God, by law, or by official action of a public authority, or upon a determination by the City that such termination is in the best interest and convenience of the City, or whenever the City is prohibited from completing the Work for any reason. The City shall provide no less than ten (10) calendar days written notice of its intent to terminate the Agreement for #20..
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convenience, and shall endeavor to provide the Consultant with consultation with the City prior to termination.
Post-Termination Procedure
Upon receipt of a written notice of termination pursuant to either of the foregoing paragraphs, the Consultant shall:
a. Cease its work as directed in the notice of termination as of the termination date and see to it that its employees, subconsultants and agents are notified of such termination and act as specified in the notice of termination;
b. Terminate all orders and Subcontractors except as necessary to complete any portion of the Work that is not terminated; c. If directed in writing by the City to do so, assign all right, title and interest in subcontracts and materials in progress to City, in which case the City will have the right at its discretion to settle, or pay any or all claims arising out of the termination of such subconsultants, but in no event shall recovery by any Consultant or subconsultant include lost profits for portions of the Work not completed or undertaken, including materials not delivered; d. Deliver or otherwise make available to the City all data, drawings, specifications, reports, estimates, summaries and such other information and material as may have been accumulated by the Consultant in performing the Work whether completed or in process; e. Settle outstanding liabilities and claims, subject to the approval of City;
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f. Complete performance of such part of the Work as has not been terminated;
g. Take such other actions as may be necessary, or as may be directed by the City for the protection and preservation of the Work and/or property related to the Work;
h. If City so requests, and at City's cost, Consultant shall provide sufficient oral or written status reports to make City reasonably aware of the status of Consultant's work on the project. i. The Consultant understands and agrees that City may, in City's sole discretion, refuse to pay Consultant for that portion of Consultant's services which were performed by Consultant on the project prior to the termination date and which remain
unacceptable and/or not useful to City as of the termination date.
City will pay Consultant an amount based on the percentage of satisfactory work completed in accordance with the notice of termination. The final payment to the Consultant after termination for convenience shall be limited to amounts due and owing under the Agreement at time of termination, including the following:
a. The cost of settling and paying valid claims arising out of the termination of the Work such as subconsultant agreements or contracts for materials;
b. The Agreement price allocable to the portion of the Work properly performed or goods supplied to the work site by the Consultant as of the date of termination, as determined in accordance with the notice of termination, reduced by any sums #20..
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previously paid to the Consultant.
Authorization to Terminate Agreement
Termination of the Agreement may be invoked by the City Manager, or his/her designee, subject to the right of the Consultant to appeal the City Manager, or his/her designee’s, decision to the City Council. The Consultant shall appeal by notifying the City Clerk in writing within ten (10) calendar days of receipt of written notification from City of termination of the Agreement. In the event that termination of this Agreement is upheld by the City Council, any cessation of payment of delay claims, extended claims, Eichleay claims, or any other claims for delay shall be retroactive to the date of termination selected by the City Manager, or his/her designee.
17. CERTIFIED PAYROLL REQUIREMENT.
For consultants performing field work on public works contracts on which prevailing wages are required: The Consultant shall comply with the provisions of Section 1776 of the California Labor Code, regarding payroll records, and shall require its subconsultants and subcontractors to comply with that section as may be required by law.
18. INDEMNITY.
The Consultant shall hold the City, its agents, officers, employees, and volunteers, harmless from and save, defend and indemnify them against any and all claims, losses, liabilities, judgments or damages from every cause, including but not limited to injury to person or property or wrongful death, including reasonable costs and expenses of defense of any judicial or administrative action, arising directly or indirectly out of any negligent or intentional act or omission of Consultant, or its agents, officers, employees, or volunteers relating to or during the performance of its obligations under this Agreement. In no event shall the cost to defend charged to the Consultant exceed the Consultant’s proportionate percentage of fault. #20..
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However, notwithstanding the foregoing, in the event one or more defendants is unable to pay its share of defense costs due to bankruptcy or dissolution of the business, the Consultant shall meet and confer with other parties regarding unpaid defense costs.
Consultant's obligation to defend, indemnify, and hold the City, its agents, officers, and employees harmless under the provisions of this paragraph is not limited to or restricted by any requirement in this Agreement for Consultant to procure and maintain a policy of insurance.
19. DISPUTE RESOLUTION.
All claims, controversies, or disputes arising out of, or relating to the formation of this Agreement, or the breach, termination execution, enforcement, interpretation, or validity of this Agreement, including the determination of the scope or applicability of this contract provision shall be determined by binding arbitration in Modesto, California by one arbitrator, except as otherwise specified in this Agreement. The American Arbitration Association shall administer the arbitration under its Arbitration Rules then in effect, subject to the modifications of those rules contained in this paragraph. This agreement to arbitrate shall be specifically enforceable under the prevailing law of any court having jurisdiction, and the award rendered by the arbitrator may be entered in any court having jurisdiction. The appropriate venue for any arbitration or court proceeding relating to or arising out of this provision shall be in Stanislaus County, California.
This paragraph is not intended to and does not waive the claim filing requirements found in California Government Code section 900 et seq. In the event that a timely and legally sufficient, arbitrable claim is filed by Consultant with City, and the claim is rejected in whole or in part by City, this paragraph shall result in the conclusive, final, and binding resolution of all the issues presented in the claim by Consultant so long as any issues presented #20..
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by the claim are arbitrable. Claims rejected by City or by operation of law, shall be submitted by Consultant to arbitration pursuant to the Arbitration Rules of the American Arbitration Association within ninety (90) days after mailing of the written rejection by City to Consultant.
Otherwise, the claim or claims shall be deemed waived in their entirety.
The “fast track’ rules of the American Arbitration Association shall apply to any claim or counterclaim less than ONE HUNDRED FIFTY THOUSAND AND 00/100 ($150,000.00) DOLLARS. In arbitration not proceeding under the “fast track” rules, the arbitrator shall have the power to order that depositions be taken and other discovery be made.
Both City and Consultant shall have the right, upon written notice, to take no more than three (3) depositions of the other as a matter of right in an arbitration proceeding under the “fast track” rules.
Whether or not City and Consultant may be engaged in interstate commerce, any controversy or dispute mentioned above shall be determined by, and the parties shall be bound by, the substantive law of the State of California, and not the Federal Arbitration Act at 9 USC Section 1 et seq.
The arbitrator may grant any remedy or relief deemed by the arbitrator just and equitable under the circumstances, whether or not such relief could be awarded in a court of law. The arbitrator shall be empowered to award monetary sanctions against a party for failure of cooperation in the arbitration. The arbitrator shall, in written award, allocate all the costs of the arbitration, including the fees of the arbitrator and the reasonable attorney fees of the prevailing party, against the party who did not prevail. The prevailing party shall be the party in whose favor the majority of the central issues in the case are resolved.
Notwithstanding anything in this provision to the contrary, the arbitrator shall have no power to award punitive damages or other damages not measured by the party’s #20..
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actual damages (excluding litigation costs and fees) against any party. This limitation of the arbitrator’s powers under this Agreement shall not operate as an exclusion of the issue of punitive damages from this Agreement to Arbitrate sufficient to vest jurisdiction in a court with respect to that issue.
Consultant shall include in all subcontracts a specification whereby the subcontractor consents to being joined in an arbitration between City and Consultant involving the work of the subcontractor to be joined. Consultant’s failure to do so shall be a breach of this Agreement.
The parties hereby waive any rights provided by Title 9.2 of the California Code of Civil Procedure, Section 1296. The arbitrator’s award shall be deemed final, conclusive and binding to the fullest extent allowed by California law.
20. ENTIRE AGREEMENT.
This Agreement and its exhibits contain the entire understanding between Consultant and City. Additional or new terms contained in this Agreement which vary from Consultant's proposal are controlling and are deemed accepted by Consultant by shipment of any article or other commencement of performance hereunder. All previous proposals, offers and communications relative to this Agreement, whether oral or written, are hereby superseded except to the extent that they have been incorporated into this Agreement. No future waiver of or exception to any of the terms, conditions, and provisions of this Agreement shall be considered valid unless specifically agreed to in writing by all the parties.
21. PARTIAL INVALIDITY.
If any provision in this Agreement is held by a court of competent jurisdiction to be invalid, void, or unenforceable, the remaining provisions shall nevertheless continue in full force without being impaired or invalidated in any way. #20..
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22. WAIVER.
The waiver by any party to this Agreement of a breach of any provision hereof shall be in writing and shall not operate or be construed as a waiver of any other or subsequent breach hereof unless specifically stated in writing.
23. AUDIT.
The City's duly authorized representative shall have access at all reasonable times to all reports, contract records, contract documents, contract files, and personnel necessary to audit and verify Consultant's charges to City under this Agreement.
Consultant agrees to retain reports, records, documents, and files related to charges under this Agreement for a period of four (4) years following the date of final payment for Consultant services. City's representative shall have the right to reproduce any of the aforesaid documents.
24. GOVERNING LAW.
This Agreement shall be governed according to the laws of the State of California.
25. HEADINGS NOT CONTROLLING.
Headings used in the Agreement are for reference purposes only and shall not be considered in construing this Agreement.
26. COMPLIANCE WITH LAWS.
Consultant shall insure compliance with all safety and hourly requirements for employees, in accordance with federal, state, and county safety and health regulations and laws. Consultant shall fully comply with all applicable federal, state, and local laws, ordinances, regulations and permits.
27. CITY BUSINESS LICENSE.
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Consultant will have a City of Modesto business license.
28. THIRD PARTIES.
The services to be performed by Consultant are intended solely for the benefit of the City. No person or entity not a signatory to this Agreement shall be entitled to rely on Consultant’s performance of its services hereunder, and no right to assert a claim against Consultant by assignment or indemnity rights or otherwise shall accrue to a third party as a result of this Agreement or the performance of Consultant’s services hereunder.
IN WITNESS WHEREOF, the City of Modesto, a municipal corporation, has authorized the execution of this Agreement by its City Manager and attestation by its City Clerk under authority of Resolution No. 2024- __ , adopted by the Council of the City of Modesto on the day of , 2024, and CAROLLO ENGINEERS, INC. has caused this agreement to be duly executed as of the Effective Date. #20..
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City of Modesto Scope of
Downtown Trunk Rehabilitaon (101558) Services
This project consists of rehabilitang approximately 3,300 Linear Feet of 27-inch RCP by using Cured-inPlace Pipe (CIPP). The rehabilitaon starts at approximately Needham Street and 9th Street, runs South East on 9th Street, to K Street, and then turns South West on K Street and ends at 7th Street and K Street.
TASK 1 – Project Management
This task includes project administraon and status meengs.
Task 1.01 – Project Administra
on
Carollo will administer the project and subconsultants to maintain the project schedule and budget. The project progress and budget status will be included in monthly progress reports that will be a5ached to billing invoices. The monthly progress report will include a list of key work acvies completed for the me period.
Task 1.02 – Project Kickoff Status Mee
ngs
The project kickoff meeng will be conducted to coordinate the project tasks between the City, subconsultants, and other agencies. Work will include preparing meeng agendas and minutes.
Ancipated project meengs include:
Project kickoff meeng (City’s office).
Task 1.03 – Implement Quality Control Program
Carollo will implement a quality control program to review each deliverable submi5ed to the City. Each deliverable will be reviewed for both technical accuracy and overall quality of work.
Task 1 Deliverables
Monthly billing and status reports (Total of 16)
Project kickoff meeng agenda and minutes.
TASK 2 – Field Inves
ga
ons
Task 2.01 – Conduct Exis
ng U
lity Research
Carollo will perform exisng ulity research within the project area in accordance with the American Society of Civil Engineers (ASCE) 38-02 – Level “C” standard guidelines. Carollo will also develop ulity coordinaon le5ers and provide them to all known ulity owners.
Task 2.02 – Conduct Topographic Survey
This task will include the following topographic survey tasks. Our subconsultant, O’Dell Engineering, will conduct the following:
Field Survey. The field survey will locate exisng features, such as:
- Rim and invert of the 11 manholes within the project limits. - Confirmaon of diameters of sewers entering and exing the above manholes. - Exisng ulity locaons.
- Edge of pavement limits.
- Nearby building planimetrics and limits.
EXHIBIT A
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City of Modesto Scope of
Downtown Trunk Rehabilitaon (101558) Services
- Topographic survey will be based on the City control monuments and benchmarks.
Horizontal controls will be based on the City control monuments (NAD83-1992 as idenfied on the City control survey map). Vercal control will be based on City benchmarks (NAVD-88 per City records).
Topographic Map. The topographic map will include features idenfied in the field survey. Ulity structures will include rim elevaons and invert elevaons. Ulity pipe sizes and flow direcons will be noted based on field observaons. All mapping will be completed using the most recent version of AutoCAD.
Task 2.03 – Conduct Manhole Condi
on Assessment
The project will include condion assessment of a total of 11 manholes in areas where the pipeline is planned to be rehabilitated. A Level 2 inspecon will be performed by Naonal Plant Services NASSCO MACP-cerfied personnel. Inspecon reports will be provided to the City and results incorporated in the Basis of Design Report.
Task 2 Deliverables:
Topographic survey (electronic files).
Manhole condion assessment report and data (electronic files).
TASK 3 – Permi-ng Assistance
Task 3.01 – Encroachment Permit Coordina
on
Carollo will assist the City in obtaining draI permits for work within City and County right-of-way, Caltrans (since the 9th Street alignment passes under Highway 132 and the project may need bypass pump set up within Caltrans right of way), and the M&E Tracon Railroad right-of-way. Carollo will develop permit applicaon packages. The contractor will be responsible for obtaining permits and paying fees. Applicaon fees, if any, will be paid by the City. Per the RFP, the City is responsible for all aspects of environmental clearance; therefore, no hours have been budgeted for assisng the City with obtaining environmental clearance.
Task 3 Deliverables:
Permit coordinaon and submi5al packages (electronic files).
TASK 4 – Develop Construc
on Documents
This task will develop a final plan, specificaons, and cost esmate (PS&E) submi5al package for the project. The City will provide Specificaons Division 00 and 01 and Carollo will provide the technical specificaons.
Task 4.01 – Develop 70 Percent PS&E Submi3al Package
Carollo will complete a 70 percent PS&E document submi5al under this task. Five copies of the plans (half-size), specificaons, and esmate will be provided to the City for review.
Task 4.02 – Conduct 70 Percent PS&E Review Mee
ng
Carollo will conduct a review meeng to discuss the design components of the 70 percent PS&E documents aIer the City review period. The review meeng will take place at the City’s offices. The review meeng will focus on key items such as bypass pumping for the project.
EXHIBIT A
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City of Modesto Scope of
Downtown Trunk Rehabilitaon (101558) Services
Task 4.03 – Develop 90 Percent PS&E Submi3al Package
Carollo will develop a 90 percent PS&E document submi5al under this task. Five copies of the plans (halfsize), specificaons, and esmate will be provided to the City for review. Carollo will incorporate comments from the 70 percent review into the 90 percent PS&E package and provide a comment response log to the City.
Task 4.04 – Conduct 90 Percent PS&E Review Mee
ng
Carollo will conduct a review meeng to discuss the 90 percent PS&E submi5al and any quesons that the City may have aIer the review period. The review meeng will be held at the City’s offices.
Task 4.05 – Develop Final PS&E Submi3al Package
Carollo will develop a final PS&E document submi5al and provide five copies of the plans (half-size), specificaons, and esmate to the City. This submi5al will be for final bid-ready documents. Carollo will incorporate comments from the 90 percent review into the final PS&E package and provide a comment response log to the City.
Task 4 Deliverables:
70 percent PS&E submi5al package (five hard copies and one PDF file). 70 percent review meeng materials.
70 percent review comment response log.
90 percent PS&E submi5al package (five hard copies and one PDF file). 90 percent review meeng materials.
90 percent review comment response log.
Final PS&E submi5al package (five hard copies and one PDF file).
TASK 5 – Bid Phase Services
Task 5.01 – A3end Pre-Bid Mee
ng
Under this task, Carollo will a5end a pre-bid meeng to answer quesons and discuss the overall project intent. The City will facilitate this meeng and issue meeng minutes.
Task 5.02 – Answer Bidder Ques
ons/Provide Addenda
This task includes providing assistance to the City during the bidding period. The scope of work includes responding to bidders’ quesons, preparing addenda to the contract documents during the adversement period, and providing ongoing consultaon and interpretaon of the construcon documents.
Task 5 Deliverables:
Addenda as required (assume one).
TASK 6 – Engineering Services During Construc
on
Task 6.01 – A3end Pre-Construc
on Conference
Carollo will a5end the pre-construcon conference and answer quesons as directed by the City. The City’s construcon manager (CM) will prepare meeng minutes. Carollo will review meeng minutes.
EXHIBIT A
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City of Modesto Scope of
Downtown Trunk Rehabilitaon (101558) Services
Task 6.02 – Review Contractor’s Submi3als
This task will include review and comment on the acceptability of the contractor’s submi5als for the City.
Carollo will review and respond to product and shop drawing submi5als provided by the contractor and forwarded by the CM. Review comments will be returned to the CM for processing and distribuon to the contractor and other pares. Per the RFP, a total of 50 submi5als are budgeted.
Task 6.03 – Respond to Requests for Informa
on (RFIs)
Carollo will respond to contractor’s RFIs. This scope also assumes the CM will consider and evaluate the validity of the RFIs, quesons, and modificaon requests prior to forwarding them to Carollo. Per the RFP, 25 RFIs are budgeted.
Task 6.04 – A3end Construc
on Mee
ngs and Site Visits
Carollo will a5end biweekly construcon meengs (teleconference ancipated), conduct site visits (a total of 5 site visits is ancipated) to monitor construcon progress, and remain available to expedite resoluons to project challenges.
Task 6.05 – Review Proposed Change Orders
Carollo will review changes in project scope and/or schedule, as requested by the CM. Carollo’s scope of work will include review of the contractor-furnished supporng informaon; discussions with contractor and CM in the field; and preparaon of technical documents—including supplemental drawings, specificaons, etc.—to assist the CM with preparaon of change orders.
Task 6.06 – Prepare Punch List
When the project has reached substanal compleon, Carollo’s design staff will walk the project site with the CM, City staff, and contractor and establish a list of items (punch list) to be completed before final compleon. This list will be issued to the CM to add to the CM’s punch list.
Task 6.07 – Provide Record Drawings
The contractor is required to provide the City and CM with a final set of marked-up design drawings.
AIer substanal compleon, Carollo will review the final version of the contractor’s as-built drawings compiled by the CM. Carollo will then prepare a set of record drawings based on the contractor’s markups in electronic format and deliver the electronic documents to the City. Record drawings will be prepared using Carollo’s standard record drawing format.
Task 6 Deliverables:
Responses to submi5als and RFIs.
One set of reproducible record drawings and digital files.
Assumpons:
City will provide exisng documents and record drawings to be reviewed. City will provide updated GIS files that show property lines throughout the City. All permit fees are to be paid directly by the City or contractor. City will manage and provide all bid package reproducon and delivery to prospecve bidders. City to perform construcon inspecon and construcon management services. Ulity potholing is not required.
Construcon will be completed within 9 months
EXHIBIT A
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City of Modesto Scope of
Downtown Trunk Rehabilitaon (101558) Services
Bypass pumping and traffic control will be performance-based specificaons. Conformed documents are not required.
The city will prepare all division 00 and 01 specificaons, per the RFP.
EXHIBIT A
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Principal-InCharge Technical Advisor QA/QC Project Manager Assistant Engineer Land Survey Condition Assessment Ryan Sellman Greg Gould Tim Taylor Reace Fisher Kathleen Manion Walnut Creek Las Vegas Sacramento Fresno Walnut Creek Walnut Creek Walnut Creek Walnut Creek $340 $349 $311 $311 $263 $224 $161 $143 $ 15.00 Modesto Hayward 10% 1 1.01 Project Administration 40 40 $ 12,440 $ 600 $ - $ 300 $ 13,340
1.02 Project Kickoff Meeting 4 20 8 32 $ 9,684 $ 480 $ - $ 10,1641.03 Quality Control Program 4 8 4 16 $ 5,128 $ 240 $ - $ 5,368 4 4 8 64 8 - - - 88 $ 27,252 $ 1,320 $ - $ - $ - $ 300 $ 28,872 2 2.01 Conduct Existing Utility Research 10 6 16 $ 4,688 $ 240 $ - $ 120 $ 5,0482.02 Conduct Topographic Survey 4 4 4 12 $ 3,192 $ 180 $ 48,100 $ 4,810 $ 200 $ 56,4822.03 Conduct Manhole Condition Assessment 4 4 8 $ 2,296 $ 120 $ 24,000 $ 2,400 $ 28,816 - - - 18 14 4 - - 36 $ 10,176 $ 540 $ 48,100 $ 24,000 $ 7,210 $ 320 $ 90,346 3 3.01 Encroachment Permit Coordination 2 2 16 22 42 $ 12,140 $ 630 $ - $ 12,770 2 2 - 16 22 - - - 42 $ 12,140 $ 630 - - - -$ $ 12,770
4 4.01 Develop 70% PS&E Submittal Package 2 8 10 46 64 38 154 24 346 $ 74,458 $ 5,190 $ - $ 250 $ 79,898
4.02 Conduct 70% PS&E Review Meeting 4 14 10 28 $ 8,344 $ 420 $ - $ 200 $ 8,964
4.03 Develop 90% PS&E Submittal Package 4 4 10 40 70 28 62 92 310 $ 66,126 $ 4,650 $ - $ 250 $ 71,026
4.04 Conduct 90% PS&E Review Meeting 2 14 10 26 $ 7,664 $ 390 $ - $ 200 $ 8,2544.05 Develop Final PS&E Submittal Package 2 4 18 22 16 46 60 168 $ 33,043 $ 2,521 $ - $ 250 $ 35,814 14 16 20 132 176 82 262 176 878 189,635 $ $ 13,171 $ - $ - $ - $ 1,150 $ 203,956 5 5.01 Attend Pre-Bid Meeting 2 12 8 22 $ 6,516 $ 330 $ - $ 200 $ 7,046
5.02 Answer Bidder Questions / Provide Addenda 2 24 12 16 54 $ 13,876 $ 810 $ - $ 14,686 4 - - 36 20 - 16 - 76 $ 20,392 $ 1,140 $ - $ - $ - $ 200 $ 21,732 6 6.01 Attend Pre-Construction Conference 4 12 4 20 $ 6,144 $ 300 $ - $ 200 $ 6,6446.02 Review Contractor's Submittals 4 8 36 84 132 $ 37,440 $ 1,980 $ - $ 39,4206.03 Respond to Requests for Information (RFIs) 4 2 18 32 16 72 $ 18,648 $ 1,080 $ - $ 19,7286.04 Attend Construction Meetings and Site Visits 4 22 48 74 $ 20,826 $ 1,110 $ - $ 400 $ 22,336
6.05 Review Proposed Change Orders 2 2 18 44 66 $ 18,548 $ 990 $ - $ 19,538
6.06 Prepare Punch List 2 14 26 42 $ 11,872 $ 630 $ - $ 200 $ 12,7026.07 Provide Record Drawings 12 32 40 84 $ 18,588 $ 1,260 $ - $ 19,848 20 12 - 132 270 - 56 - 490 132,066 $ $ 7,350 $ - $ - $ - $ 800 $ 140,216 44 34 28 398 510 86 334 176 1,610 391,661 $ $24,151 $48,100 $24,000 $7,210 $2,770 $ 497,892
CITY OF MODESTO
FINAL DESIGN FOR SEWER TRUNK REHABILITATION DOWNTOWN (101558) FEE ESTIMATE (04/22/2024)
Task Description
Carollo Engineers Subconsultants
Subconsultant
Markup
(10%)
Other Direct
Costs
(Mileage,
Printing, etc.)
PROJECT
TOTAL
Senior CAD
Technician
CAD
Technician
National Plant
Services
Project Management
Task 1 Total
Develop Construction Documents
Document
Processing Total
Hours
Labor
Cost
PECE 1
O'Dell Engineering
Task 2 Total
Permitting Assistance
Task 3 Total
Field Investigations
Task 4 TotalTask 5 Total
Engineering Services During Construction
Task 6 Total
Project Totals
Bid Phase Services
https://carolloh2o-my.sharepoint.com/personal/rsellman_carollo_com/Documents/Desktop/REV BY SRI Modesto Santa Rosa Fee 2_15_2024.xlsx 4/22/2024 EXHIBIT B #20..
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ENGINEERING SERVICES AGREEMENT
SANTA ROSA SEWER TRUNK REHABILITATION PROJECT
THIS AGREEMENT, made and entered into in the City of Modesto, State of California, this day of , 2024, (“Effective Date”) by and between the CITY OF MODESTO, a municipal corporation of the State of California, hereinafter referred to as "City", and CAROLLO ENGINEERS, INC., a Delaware corporation, hereinafter referred to as "Consultant".
This Agreement is made with regard to the following recitals:
A. The City has determined that Engineering Services are necessary for the Santa Rosa Sewer Trunk Rehabilitation Project.
B. Consultant represents that it is qualified, willing and able to provide said services.
NOW, THEREFORE, in consideration of this agreement, and the mutual promises, covenants, and stipulations hereinafter contained, the parties agree as follows:
1. SCOPE OF SERVICES.
Consultant shall undertake and complete the preparation of the scope of work as set forth and described in the documents attached hereto and referred to as Exhibit "A" or "project". The Consultant shall perform the services as described in Exhibit "A" in a manner compatible with the standards of its profession and shall produce a fully complete project that is acceptable to City.
2. TERM OF AGREEMENT.
This Agreement is effective as of the date first written above and will continue in effect until City's acceptance of and payment for all services authorized by City and #20..
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performed by Consultant unless terminated earlier in accordance with the provisions of the termination clause in this Agreement.
Consultant shall undertake and complete the preparation of the scope of work as set forth and described in the documents commonly referred to as “project” attached hereto as Exhibit "A" and made a part hereof. City hereby gives Consultant notice to proceed with the preparation of the project in the manner described in Exhibit "A", as of the Effective Date of this agreement. Consultant shall diligently proceed with the preparation of the project and agrees to complete said preparation within the time period set forth in Exhibit "A".
3. COMPENSATION.
Consultant agrees to accept a sum not to exceed FOUR HUNDRED THIRTY-SEVEN THOUSAND FOUR HUNDRED THIRTY-FOUR AND 00/100 DOLLARS ($437,434) (maximum compensation) as full remuneration for performing all services and furnishing all staffing and materials for Modesto in accordance with Exhibit "A" attached hereto and for performance by Consultant of all of its duties and obligations under this Agreement, except that additional services may be compensated as described below.
The Compensation shall be paid pursuant in the manner and at the times set forth below:
City shall pay Consultant on a time and materials basis for Consultant’s actual costs for all work called for in Exhibit “A” to this Agreement. All work to be performed under this Agreement shall be billed at the hourly rates set forth in Exhibit “B” attached hereto, Consultant shall submit monthly invoices to City which include detailed tasks, hours worked, and billable rates for all work completed, and detailed receipts for any out-of-pocket costs paid by Consultant in connection with work performed on this project. #20..
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Additional services may be authorized by the City Manager in an amount up to, but not to exceed ten percent (10%) of the agreed maximum compensation, or FORTYTHREE THOUSAND SEVEN HUNDRED FORTY-FOUR AND 00/100 DOLLARS ($43,744). In the event that additional services are deemed necessary, the Consultant shall provide a written request to the City Manager indicating the reason for additional work, scope and cost of such work. The City Manager shall provide a written response to the request, either approving or denying the additional expenditure. If additional services are requested and approved, they will be billed at the hourly rates set forth in Exhibit “B” and may not exceed the amount requested and approved in writing by the City Manager. In that event, the new total compensation shall not exceed FOUR HUNDRED EIGHTY-ONE THOUSAND ONE HUNDRED SEVENTY-EIGHT AND 00/100 DOLLARS ($481,178). If additional services in excess of this amount are deemed necessary by City Staff, an amendment to this Agreement will be required and must be approved by the City Council prior to commencing the work, as provided in Paragraph 9 of this agreement.
4. OBLIGATIONS OF CONSULTANT.
Throughout the term of this Agreement, Consultant shall possess, or secure all licenses, permits, qualifications and approvals legally required to conduct business.
Consultant warrants that it has all of the necessary professional capabilities and experience, as well as all tools, instrumentalities, facilities and other resources necessary to provide the City with the services contemplated by this Agreement. Consultant further warrants that it will follow the best current, generally accepted and professional practices to make findings, render opinions, prepare factual presentations, and provide professional advice and recommendations regarding this project.
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In providing opinions of cost, financial analyses, economic feasibility projections, and schedules for potential projects, Consultant has no control over cost or price of labor and material; unknown or latent conditions of existing equipment or structures that may affect operation and maintenance costs; competitive bidding procedures and market conditions; time or quality of performance of third parties; quality, type, management, or direction of operating personnel; and other economic and operational factors that may materially affect the ultimate project cost or schedule. Therefore, Consultant makes no warranty that the City’s actual project costs, financial aspects, economic feasibility, or schedules will not vary from Consultant’s opinions, analyses, projections, or estimates.
Consultant is not responsible for damage or delay in performance caused by events beyond the reasonable control of Consultant. In the event Consultant’s services are suspended, delayed or interrupted for the convenience of the City or delays occur beyond the reasonable control of Consultant, an equitable adjustment in Consultant’s time of performance and cost of Consultant’s personnel and subcontractors may be made.
5. OBLIGATIONS OF CITY.
The City shall furnish Consultant available studies, reports, and other data pertinent to Consultant’s services; obtain or authorize Consultant to obtain or provide additional reports and data as required; furnish to Consultant services of others required for the performance of Consultant’s services hereunder, and Consultant shall be entitled to use and rely upon all such information and services provided by the City or others in performing Consultant’s services under this agreement.
6. PERFORMANCE BY KEY EMPLOYEE.
Consultant has represented to City that Ryan Sellman, will be the person primarily responsible for the performance of the services referred to in this Agreement. City has #20..
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entered into this Agreement in reliance on that representation by Consultant. Consultant therefore agrees that ten percent (10%) or more of the time to be devoted to the project that is the subject of this Agreement will be that of the above-named person.
7. OWNERSHIP OF DOCUMENTS/TITLE TO DATA.
Ownership of Documents
All reports, drawings, designs, graphics, working papers and other incidental work or materials furnished hereunder shall become and remain the property of the City, and may be used by City as it may require without any additional cost to City. No reports shall be used by the Consultant for purposes other than this contract without the express prior written consent of City.
Documents, including drawings and specifications, prepared by Consultant pursuant to this assignment are not intended or represented to be suitable for reuse by the City or others for this Project or on any other project. Any reuse of completed documents or use of partially completed documents without written verification or concurrence by Consultant for the specific purpose intended will be at the City’s sole risk and without liability or legal exposure to Consultant.
Title to Data
If, as a part of the agreement, Consultant is required to produce data such as, but not limited to, drawings, plans, specifications, calculations, models, flow diagrams, visual aids and other related materials, the originals of all such data generated under this agreement will be delivered to City upon the completion or termination of services under the contract.
All materials, documents, data or information obtained from the City data files or any City medium furnished to Consultant in the performance of this Agreement will at all times remain the property of the City. Such data or information may not be used or copied for #20..
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direct or indirect use by Consultant after termination of this Agreement without written consent of the City.
8. NEWS AND INFORMATION RELEASE.
Consultant agrees that it will not issue any news releases in connection with either the award of this Agreement, or any subsequent amendment of or efforts under this Agreement, without first obtaining review and approval of said news releases from City through the City Manager.
9. INTEREST OF CONTRACTOR.
Consultant warrants that it presently has no interest and shall not acquire any interest, direct or indirect, which would conflict in any manner or degree with the performance of services required to be performed under this Agreement. Consultant warrants that, in performance of this Agreement, Consultant shall not employ any person having any such interest. Consultant agrees to file a Statement of Economic Interests with the City Clerk at the start and end of this contract if so required at the option of City.
10. AMENDMENTS.
Both parties to this Agreement understand that it may become desirable or necessary during the execution of this Agreement, for City or Consultant to modify the scope of services provided for under this Agreement. Any material extension or change in the scope of work shall be discussed with City and the change and cost shall be memorialized in a written amendment to the original contract prior to the performance of the additional work.
Until a change order is so executed, City will not be responsible to pay any charges Consultant may incur in performing such additional services, and Consultant shall not be required to perform any such additional services. #20..
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11. INDEPENDENT CONTRACTOR.
All acts of Consultant, its agents, officers, and employees and all others acting on behalf of Consultant relating to the performance of this Agreement, shall be performed as independent contractors and not as agents, officers, or employees of City. Consultant, by virtue of this Agreement, has no authority to bind or incur any obligation on behalf of City.
Consultant has no authority or responsibility to exercise any rights or power vested in the City.
No agent, officer, or employee of the City is to be considered an employee of Consultant. It is understood by both Consultant and City that this Agreement shall not under any circumstances be construed or considered to create an employer-employee relationship or a joint venture.
Consultant, its agents, officers and employees are and, at all times during the terms of this Agreement, shall represent and conduct themselves as independent contractors and not as employees of City.
Consultant shall determine the method, details and means of performing the work and services to be provided by Consultant under this Agreement. Consultant shall be responsible to City only for the requirements and results specified in this Agreement, and, except as expressly provided in this Agreement, shall not be subjected to City's control with respect to the physical action or activities of the Consultant in fulfillment of this Agreement. Consultant has control over the manner and means of performing the services under this Agreement.
Consultant is permitted to provide services to others during the same period service is provided to City under this Agreement. If necessary, Consultant has the responsibility for employing other persons or firms to assist Consultant in fulfilling the terms and obligations under this Agreement.
If in the performance of this Agreement any third persons are employed by Consultant, such persons shall be entirely and exclusively under the direction, supervision, and #20..
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control of Consultant. All terms of employment including hours, wages, working conditions, discipline, hiring, and discharging or any other term of employment or requirement of law shall be determined by the Consultant.
It is understood and agreed that as an independent contractor and not an employee of City neither the Consultant or Consultant's assigned personnel shall have any entitlement as a City employee, right to act on behalf of the City in any capacity whatsoever as an agent, or to bind the City to any obligation whatsoever.
It is further understood and agreed that Consultant must issue W-2 forms or other forms as required by law for income and employment tax purposes for all of Consultant's personnel.
As an independent contractor, Consultant hereby indemnifies and holds City harmless from any and all claims that may be made against City based upon any contention by any third party that an employer-employee relationship exists by reason of this Agreement.
12. ASSIGNMENT.
Neither this Agreement nor any portion thereof shall be subcontracted or assigned without the express prior written consent of the City in each and every instance.
13. PATENT/COPYRIGHT MATERIALS.
Unless otherwise expressly provided in the contract, Consultant shall be solely responsible for obtaining the right to use any patented or copyrighted materials in the performance of this Agreement. Consultant shall furnish a warranty of such right to use to City at the request of City.
14. NOTICES.
Notice required by this Agreement shall be given in writing and shall be deemed given and effective upon receipt provided that such are delivered in accordance with the #20..
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provisions of this Section. Notices shall be delivered either by: (a) personal delivery (including delivery by an overnight courier service which obtains confirmation of receipt); or (b) by facsimile, provided that such transmission is followed by delivery by an overnight courier service which obtains confirmation of receipt; or (c) postage prepaid, return receipt requested, certified mail; or (d) by electronic transmission subject to reasonable proof that the notice was both transmitted and received. Each such notice shall be sent to the parties at the address respectively set forth below or to such other address as a party may designate by written notice given in accordance with the provisions of this Section:
FOR CONSULTANT: Name: Carollo Engineers, Inc.
Address: 2880 Gateway Oaks Drive
Suite 300
Sacramento, CA 95833
Attention: Ryan Sellman
Phone: (916) 565-4888
Email: [email protected]
FOR CITY: Name: City of Modesto
Address: 1010 10th Street
Suite 4600
Modesto, CA 95354
Attention: Cristian Ciotau
Phone: (209) 577-5260
Email: [email protected]
15. INSURANCE REQUIREMENTS.
The Consultant shall provide at its own expense and maintain at all times the following insurance with insurance companies licensed in the State of California and shall provide evidence of such insurance to the City as may be required by the Risk Manager of the City. The policies or certificates thereof shall provide that, thirty (30) days prior to cancellation or reduction in the policy, notices of same shall be given to the Risk Manager of the City by certified mail, return receipt requested, for all of the following stated insurance policies. #20..
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In the event the certificates of insurance required hereunder do not provide for notice of cancellation to the certificate holder and/or additional insureds, the Consultant shall provide, and shall require its subcontractors to provide, as an express condition precedent to payment hereunder, an endorsement from their insurers providing that the additional insureds identified herein shall be provided 30 days notice of the cancellation on the policies of insurance required hereunder (10 days notice if the policies are cancelled for non-payment of premium). In addition, the named insured on all such policies shall provide to the additional insureds identified herein any notices of cancellation of said insurance policies within 5 business days of receipt of such notice. The Consultant shall, as a further express condition precedent to payment for work performed, affirm under penalty of perjury that the required insurance on the project remains in place and said insurance has not been cancelled.
(a) Worker's Compensation - in compliance with the statutes of the State of California, plus employer's liability with a minimum limit of liability of $1,000,000. (b) General Liability insurance with a minimum limit of liability per occurrence of $1,000,000 for bodily injury and property damage. If Commercial General Liability Insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit. This insurance shall indicate on the certificate of insurance the following coverages and indicate the policy aggregate limit applying to: premises and operations; broad form contractual; independent consultants and subcontractors; products and completed operations as applicable.
(c) Automobile Liability insurance with a minimum limit of liability per occurrence of $1,000,000 for bodily injury and property damage. This insurance shall cover any automobile for bodily injury and property damage.
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(d) Professional Liability insurance with a minimum limit of $1,000,000 per claim and policy aggregate. If coverage is on a claims made basis it shall be maintained for at least three (3) years following completion of the work.
If at any time any of said policies shall be unsatisfactory to the City, as to form or substance, or if a company issuing such policy shall be unsatisfactory to the City, the Consultant shall promptly obtain a new policy, submit the same to the Risk Manager for approval and submit a certificate thereof as hereinabove provided. Upon failure of the Consultant to furnish, deliver or maintain such insurance and certificates as above provided, this Agreement, at the election of the City, may be forthwith declared suspended or terminated.
Failure of the Consultant to obtain and/or maintain any required insurance shall not relieve the Consultant from any liability under this Agreement, nor shall the insurance requirements be construed to conflict with or otherwise limit the obligations of the Consultant concerning indemnification. The City, its agents, officers, employees, and volunteers shall be named as an additional insured on all insurance policies required herein, except Workers' Compensation and Professional Liability. The Workers' Compensation insurer shall agree to waive all rights of subrogation against the City, its agents, officers, employees, and volunteers for losses arising from work performed by Consultant for the City. The Consultant's insurance policy(ies) shall include a provision that the coverage is primary as respects the City; shall include no special limitations to coverage provided to additional insured; and, shall be placed with insurer(s) with acceptable Best's rating of A:VII or with approval of the Risk Manager. The Consultant must deliver certificates evidencing existence of the insurance listed above to the City prior to the time the contract is signed.
CONSULTANT shall provide CITY with separate endorsements evidencing proof of the CITY’s additional insured status as to both the general liability and #20..
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automobile liability insurance policies. In addition, CONSULTANT shall provide CITY with a Workers Compensation subrogation waiver by way of a separate endorsement. All endorsements referenced above must include the applicable policy number.
For any claims related to this project, the CONSULTANT’S insurance coverage shall be primary insurance as respects the Entity, its officers, officials, employees, and volunteers. Any insurance or self-insurance maintained by the Entity, its officers, officials, employees, or volunteers shall be excess of the CONSULTANT’S insurance and shall not contribute with it.
16. TERMINATION OF AGREEMENT.
Termination by City for Default of Consultant
Should Consultant default in the performance of this Agreement or materially breach any of its provisions, at its option, City may terminate this Agreement by giving written notification to Consultant. The termination date shall be the effective date of the notice. For the purposes of this section, material breach of this Agreement shall include, but not be limited to, any of the following: failure to perform required services or duties, willful destruction of City's property by Consultant, dishonesty or theft.
Termination by City for Convenience
The City may also terminate the Consultant's performance under the Agreement, either in whole or in part, at its own discretion, or when conditions encountered during the Work make it impossible or impracticable to proceed, or when the City is prevented from proceeding with the Agreement by act of God, by law, or by official action of a public authority, or upon a determination by the City that such termination is in the best interest and convenience of the City, or whenever the City is prohibited from completing the Work for any reason. The City shall provide no less than ten (10) calendar days written notice of its intent to terminate the Agreement for #20..
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convenience, and shall endeavor to provide the Consultant with consultation with the City prior to termination.
Post-Termination Procedure
Upon receipt of a written notice of termination pursuant to either of the foregoing paragraphs, the Consultant shall:
a. Cease its work as directed in the notice of termination as of the termination date and see to it that its employees, subconsultants and agents are notified of such termination and act as specified in the notice of termination;
b. Terminate all orders and Subcontractors except as necessary to complete any portion of the Work that is not terminated; c. If directed in writing by the City to do so, assign all right, title and interest in subcontracts and materials in progress to City, in which case the City will have the right at its discretion to settle, or pay any or all claims arising out of the termination of such subconsultants, but in no event shall recovery by any Consultant or subconsultant include lost profits for portions of the Work not completed or undertaken, including materials not delivered; d. Deliver or otherwise make available to the City all data, drawings, specifications, reports, estimates, summaries and such other information and material as may have been accumulated by the Consultant in performing the Work whether completed or in process; e. Settle outstanding liabilities and claims, subject to the approval of City;
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f. Complete performance of such part of the Work as has not been terminated;
g. Take such other actions as may be necessary, or as may be directed by the City for the protection and preservation of the Work and/or property related to the Work;
h. If City so requests, and at City's cost, Consultant shall provide sufficient oral or written status reports to make City reasonably aware of the status of Consultant's work on the project. i. The Consultant understands and agrees that City may, in City's sole discretion, refuse to pay Consultant for that portion of Consultant's services which were performed by Consultant on the project prior to the termination date and which remain
unacceptable and/or not useful to City as of the termination date.
City will pay Consultant an amount based on the percentage of satisfactory work completed in accordance with the notice of termination. The final payment to the Consultant after termination for convenience shall be limited to amounts due and owing under the Agreement at time of termination, including the following:
a. The cost of settling and paying valid claims arising out of the termination of the Work such as subconsultant agreements or contracts for materials;
b. The Agreement price allocable to the portion of the Work properly performed or goods supplied to the work site by the Consultant as of the date of termination, as determined in accordance with the notice of termination, reduced by any sums #20..
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previously paid to the Consultant.
Authorization to Terminate Agreement
Termination of the Agreement may be invoked by the City Manager, or his/her designee, subject to the right of the Consultant to appeal the City Manager, or his/her designee’s, decision to the City Council. The Consultant shall appeal by notifying the City Clerk in writing within ten (10) calendar days of receipt of written notification from City of termination of the Agreement. In the event that termination of this Agreement is upheld by the City Council, any cessation of payment of delay claims, extended claims, Eichleay claims, or any other claims for delay shall be retroactive to the date of termination selected by the City Manager, or his/her designee.
17. CERTIFIED PAYROLL REQUIREMENT.
For consultants performing field work on public works contracts on which prevailing wages are required: The Consultant shall comply with the provisions of Section 1776 of the California Labor Code, regarding payroll records, and shall require its subconsultants and subcontractors to comply with that section as may be required by law.
18. INDEMNITY.
The Consultant shall hold the City, its agents, officers, employees, and volunteers, harmless from and save, defend and indemnify them against any and all claims, losses, liabilities, judgments or damages from every cause, including but not limited to injury to person or property or wrongful death, including reasonable costs and expenses of defense of any judicial or administrative action, arising directly or indirectly out of any negligent or intentional act or omission of Consultant, or its agents, officers, employees, or volunteers relating to or during the performance of its obligations under this Agreement. In no event shall the cost to defend charged to the Consultant exceed the Consultant’s proportionate percentage of fault. #20..
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However, notwithstanding the foregoing, in the event one or more defendants is unable to pay its share of defense costs due to bankruptcy or dissolution of the business, the Consultant shall meet and confer with other parties regarding unpaid defense costs.
Consultant's obligation to defend, indemnify, and hold the City, its agents, officers, and employees harmless under the provisions of this paragraph is not limited to or restricted by any requirement in this Agreement for Consultant to procure and maintain a policy of insurance.
19. DISPUTE RESOLUTION.
All claims, controversies, or disputes arising out of, or relating to the formation of this Agreement, or the breach, termination execution, enforcement, interpretation, or validity of this Agreement, including the determination of the scope or applicability of this contract provision shall be determined by binding arbitration in Modesto, California by one arbitrator, except as otherwise specified in this Agreement. The American Arbitration Association shall administer the arbitration under its Arbitration Rules then in effect, subject to the modifications of those rules contained in this paragraph. This agreement to arbitrate shall be specifically enforceable under the prevailing law of any court having jurisdiction, and the award rendered by the arbitrator may be entered in any court having jurisdiction. The appropriate venue for any arbitration or court proceeding relating to or arising out of this provision shall be in Stanislaus County, California.
This paragraph is not intended to and does not waive the claim filing requirements found in California Government Code section 900 et seq. In the event that a timely and legally sufficient, arbitrable claim is filed by Consultant with City, and the claim is rejected in whole or in part by City, this paragraph shall result in the conclusive, final, and binding resolution of all the issues presented in the claim by Consultant so long as any issues presented #20..
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by the claim are arbitrable. Claims rejected by City or by operation of law, shall be submitted by Consultant to arbitration pursuant to the Arbitration Rules of the American Arbitration Association within ninety (90) days after mailing of the written rejection by City to Consultant.
Otherwise, the claim or claims shall be deemed waived in their entirety.
The “fast track’ rules of the American Arbitration Association shall apply to any claim or counterclaim less than ONE HUNDRED FIFTY THOUSAND AND 00/100 ($150,000.00) DOLLARS. In arbitration not proceeding under the “fast track” rules, the arbitrator shall have the power to order that depositions be taken and other discovery be made.
Both City and Consultant shall have the right, upon written notice, to take no more than three (3) depositions of the other as a matter of right in an arbitration proceeding under the “fast track” rules.
Whether or not City and Consultant may be engaged in interstate commerce, any controversy or dispute mentioned above shall be determined by, and the parties shall be bound by, the substantive law of the State of California, and not the Federal Arbitration Act at 9 USC Section 1 et seq.
The arbitrator may grant any remedy or relief deemed by the arbitrator just and equitable under the circumstances, whether or not such relief could be awarded in a court of law. The arbitrator shall be empowered to award monetary sanctions against a party for failure of cooperation in the arbitration. The arbitrator shall, in written award, allocate all the costs of the arbitration, including the fees of the arbitrator and the reasonable attorney fees of the prevailing party, against the party who did not prevail. The prevailing party shall be the party in whose favor the majority of the central issues in the case are resolved.
Notwithstanding anything in this provision to the contrary, the arbitrator shall have no power to award punitive damages or other damages not measured by the party’s #20..
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actual damages (excluding litigation costs and fees) against any party. This limitation of the arbitrator’s powers under this Agreement shall not operate as an exclusion of the issue of punitive damages from this Agreement to Arbitrate sufficient to vest jurisdiction in a court with respect to that issue.
Consultant shall include in all subcontracts a specification whereby the subcontractor consents to being joined in an arbitration between City and Consultant involving the work of the subcontractor to be joined. Consultant’s failure to do so shall be a breach of this Agreement.
The parties hereby waive any rights provided by Title 9.2 of the California Code of Civil Procedure, Section 1296. The arbitrator’s award shall be deemed final, conclusive and binding to the fullest extent allowed by California law.
20. ENTIRE AGREEMENT.
This Agreement and its exhibits contain the entire understanding between Consultant and City. Additional or new terms contained in this Agreement which vary from Consultant's proposal are controlling and are deemed accepted by Consultant by shipment of any article or other commencement of performance hereunder. All previous proposals, offers and communications relative to this Agreement, whether oral or written, are hereby superseded except to the extent that they have been incorporated into this Agreement. No future waiver of or exception to any of the terms, conditions, and provisions of this Agreement shall be considered valid unless specifically agreed to in writing by all the parties.
21. PARTIAL INVALIDITY.
If any provision in this Agreement is held by a court of competent jurisdiction to be invalid, void, or unenforceable, the remaining provisions shall nevertheless continue in full force without being impaired or invalidated in any way. #20..
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22. WAIVER.
The waiver by any party to this Agreement of a breach of any provision hereof shall be in writing and shall not operate or be construed as a waiver of any other or subsequent breach hereof unless specifically stated in writing.
23. AUDIT.
The City's duly authorized representative shall have access at all reasonable times to all reports, contract records, contract documents, contract files, and personnel necessary to audit and verify Consultant's charges to City under this Agreement.
Consultant agrees to retain reports, records, documents, and files related to charges under this Agreement for a period of four (4) years following the date of final payment for Consultant services. City's representative shall have the right to reproduce any of the aforesaid documents.
24. GOVERNING LAW.
This Agreement shall be governed according to the laws of the State of California.
25. HEADINGS NOT CONTROLLING.
Headings used in the Agreement are for reference purposes only and shall not be considered in construing this Agreement.
26. COMPLIANCE WITH LAWS.
Consultant shall insure compliance with all safety and hourly requirements for employees, in accordance with federal, state, and county safety and health regulations and laws. Consultant shall fully comply with all applicable federal, state, and local laws, ordinances, regulations and permits.
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27. CITY BUSINESS LICENSE.
Consultant will have a City of Modesto business license.
28. THIRD PARTIES.
The services to be performed by Consultant are intended solely for the benefit of the City. No person or entity not a signatory to this Agreement shall be entitled to rely on Consultant’s performance of its services hereunder, and no right to assert a claim against Consultant by assignment or indemnity rights or otherwise shall accrue to a third party as a result of this Agreement or the performance of Consultant’s services hereunder.
IN WITNESS WHEREOF, the City of Modesto, a municipal corporation, has authorized the execution of this Agreement by its City Manager and attestation by its City Clerk under authority of Resolution No. 2024- __ , adopted by the Council of the City of Modesto on the day of , 2024, and CAROLLO ENGINEERS, INC. has caused this agreement to be duly executed as of the Effective Date. #20..
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City of Modesto Scope of
Santa Rosa & Downtown Trunk Rehabilitaon (101559) Services This project consists of rehabilitang approximately 1,300 Linear Feet of 18-inch RCP by using Cured-inPlace Pipe (CIPP). This secon of rehabilitaon starts at approximately N. Conejo Avenue and Miller Road, runs East on Miller Road, to Phoenix Avenue. The second secon consists of rehabilitang approximately 800 linear feet of 21-inch concrete pipe by using CIPP. This secon or rehabilitaon starts near Yosemite Blvd and Groveland Street, runs south through Gallo Property to South Morton Blvd.
TASK 1 – Project Management
This task includes project administraon and status meengs.
Task 1.01 – Project Administra
on
Carollo will administer the project and subconsultants to maintain the project schedule and budget. The project progress and budget status will be included in monthly progress reports that will be a8ached to billing invoices. The monthly progress report will include a list of key work acvies completed for the me period.
Task 1.02 – Project Kickoff Status Mee
ngs
The project kickoff meeng will be conducted to coordinate the project tasks between the City, subconsultants, and other agencies. Work will include preparing meeng agendas and minutes.
Ancipated project meengs include:
Project kickoff meeng (City’s office).
Task 1.03 – Implement Quality Control Program
Carollo will implement a quality control program to review each deliverable submi8ed to the City. Each deliverable will be reviewed for both technical accuracy and overall quality of work.
Task 1 Deliverables
Monthly billing and status reports (total of 16)
Project kickoff meeng agenda and minutes.
TASK 2 – Field Inves
ga
ons
Task 2.01 – Conduct Exis
ng U
lity Research
Carollo will perform exisng ulity research within the project area in accordance with the American Society of Civil Engineers (ASCE) 38-02 – Level “C” standard guidelines. Carollo will also develop ulity coordinaon le8ers and provide them to all known ulity owners.
Task 2.02 – Conduct Topographic Survey
This task will include the following topographic survey tasks. Our subconsultant, O’Dell Engineering, will conduct the following:
Field Survey. The field survey will locate exisng features, such as:
- Rim and invert of the 11 manholes within the project limits. This includes 7 manholes in the Santa Rosa Trunk Alignment and 4 in the Downtown Trunk Alignment. - Confirmaon of diameters of sewers entering and exing the above manholes. - Exisng ulity locaons.
EXHIBIT A
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City of Modesto Scope of
Santa Rosa & Downtown Trunk Rehabilitaon (101559) Services - Edge of pavement limits.
- Nearby building planimetrics and limits.
- Topographic survey will be based on the City control monuments and benchmarks.
Horizontal controls will be based on the City control monuments (NAD83-1992 as idenfied on the City control survey map). Vercal control will be based on City benchmarks (NAVD-88 per City records).
Topographic Map. The topographic map will include features idenfied in the field survey. Ulity structures will include rim elevaons and invert elevaons. Ulity pipe sizes and flow direcons will be noted based on field observaons. All mapping will be completed using the most recent version of AutoCAD.
Task 2.03 – Conduct Manhole Condi
on Assessment
The project will include condion assessment of a total of 11 manholes in areas where the pipeline is planned to be rehabilitated. This includes 7 manholes in the Santa Rosa Trunk Alignment and 4 in the Downtown Trunk Alignment. A Level 2 inspecon will be performed by Naonal Plant Services NASSCO MACP-cerfied personnel. Inspecon reports will be provided to the City and results incorporated in the Basis of Design Report.
Task 2 Deliverables:
Topographic survey (electronic files).
Manhole condion assessment report and data (electronic files).
TASK 3 – Permi-ng Assistance
Task 3.01 – Encroachment Permit Coordina
on
Carollo will assist the City in obtaining draL permits for work within CITY right-of-way, the UPRR Railroad right-of-way, and within the private property of E & J Gallo Spirits. Carollo will develop permit applicaon packages. The contractor will be responsible for obtaining permits and paying fees. Applicaon fees, if any, will be paid by the City. Per the RFP, the City is responsible for all aspects of environmental clearance; therefore, no hours have been budgeted for assisng the City with obtaining environmental clearance.
Task 3 Deliverables:
Permit coordinaon and submi8al packages (electronic files).
TASK 4 – Develop Construc
on Documents
This task will develop a final plan, specificaons, and cost esmate (PS&E) submi8al package for the project. The City will provide Specificaons Division 00 and 01 and Carollo will provide the technical specificaons.
Task 4.01 – Develop 70 Percent PS&E Submi3al Package
Carollo will complete a 70 percent PS&E document submi8al under this task. Five copies of the plans (half-size), specificaons, and esmate will be provided to the City for review.
EXHIBIT A
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City of Modesto Scope of
Santa Rosa & Downtown Trunk Rehabilitaon (101559) Services Task 4.02 – Conduct 70 Percent PS&E Review Mee
ng
Carollo will conduct a review meeng to discuss the design components of the 70 percent PS&E documents aLer the City review period. The review meeng will take place at the City’s offices. The review meeng will focus on key items such as bypass pumping for the project.
Task 4.03 – Develop 90 Percent PS&E Submi3al Package
Carollo will develop a 90 percent PS&E document submi8al under this task. Five copies of the plans (halfsize), specificaons, and esmate will be provided to the City for review. Carollo will incorporate comments from the 70 percent review into the 90 percent PS&E package and provide a comment response log to the City.
Task 4.04 – Conduct 90 Percent PS&E Review Mee
ng
Carollo will conduct a review meeng to discuss the 90 percent PS&E submi8al and any quesons that the City may have aLer the review period. The review meeng will be held at the City’s offices.
Task 4.05 – Develop Final PS&E Submi3al Package
Carollo will develop a final PS&E document submi8al and provide five copies of the plans (half-size), specificaons, and esmate to the City. This submi8al will be for final bid-ready documents. Carollo will incorporate comments from the 90 percent review into the final PS&E package and provide a comment response log to the City.
Task 4 Deliverables:
70 percent PS&E submi8al package (five hard copies and one PDF file). 70 percent review meeng materials.
70 percent review comment response log.
90 percent PS&E submi8al package (five hard copies and one PDF file). 90 percent review meeng materials.
90 percent review comment response log.
Final PS&E submi8al package (five hard copies and one PDF file).
TASK 5 – Bid Phase Services
Task 5.01 – A3end Pre-Bid Mee
ng
Under this task, Carollo will a8end a pre-bid meeng to answer quesons and discuss the overall project intent. The City will facilitate this meeng and issue meeng minutes.
Task 5.02 – Answer Bidder Ques
ons/Provide Addenda
This task includes providing assistance to the City during the bidding period. The scope of work includes responding to bidders’ quesons, preparing addenda to the contract documents during the adversement period, and providing ongoing consultaon and interpretaon of the construcon documents.
Task 5 Deliverables:
Addenda as required (assume one).
EXHIBIT A
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City of Modesto Scope of
Santa Rosa & Downtown Trunk Rehabilitaon (101559) Services TASK 6 – Engineering Services During Construc
on
Task 6.01 – A3end Pre-Construc
on Conference
Carollo will a8end the pre-construcon conference and answer quesons as directed by the City. The City’s construcon manager (CM) will prepare meeng minutes. Carollo will review meeng minutes.
Task 6.02 – Review Contractor’s Submi3als
This task will include review and comment on the acceptability of the contractor’s submi8als for the City.
Carollo will review and respond to product and shop drawing submi8als provided by the contractor and forwarded by the CM. Review comments will be returned to the CM for processing and distribuon to the contractor and other pares. Per the RFP, a total of 50 submi8als are budgeted.
Task 6.03 – Respond to Requests for Informa
on (RFIs)
Carollo will respond to contractor’s RFIs. This scope also assumes the CM will consider and evaluate the validity of the RFIs, quesons, and modificaon requests prior to forwarding them to Carollo. Per the RFP, 25 RFIs are budgeted.
Task 6.04 – A3end Construc
on Mee
ngs and Site Visits
Carollo will a8end biweekly construcon meengs (teleconference ancipated), conduct site visits (a total of 5 site visits is budgeted) to monitor construcon progress, and remain available to expedite resoluons to project challenges.
Task 6.05 – Review Proposed Change Orders
Carollo will review changes in project scope and/or schedule, as requested by the CM. Carollo’s scope of work will include review of the contractor-furnished supporng informaon; discussions with contractor and CM in the field; and preparaon of technical documents—including supplemental drawings, specificaons, etc.—to assist the CM with preparaon of change orders.
Task 6.06 – Prepare Punch List
When the project has reached substanal compleon, Carollo’s design staff will walk the project site with the CM, City staff, and contractor and establish a list of items (punch list) to be completed before final compleon. This list will be issued to the CM to add to the CM’s punch list.
Task 6.07 – Provide Record Drawings
The contractor is required to provide the City and CM with a final set of marked-up design drawings.
ALer substanal compleon, Carollo will review the final version of the contractor’s as-built drawings compiled by the CM. Carollo will then prepare a set of record drawings based on the contractor’s markups in electronic format and deliver the electronic documents to the City. Record drawings will be prepared using Carollo’s standard record drawing format.
Task 6 Deliverables:
Responses to submi8als and RFIs.
One set of reproducible record drawings and digital files.
Assumpons:
City will provide exisng documents and record drawings to be reviewed. City will provide updated GIS files that show property lines throughout the City.
EXHIBIT A
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City of Modesto Scope of
Santa Rosa & Downtown Trunk Rehabilitaon (101559) Services All permit fees are to be paid directly by the City or contractor. City will manage and provide all bid package reproducon and delivery to prospecve bidders. City to perform construcon inspecon and construcon management services. Ulity potholing is not required.
Construcon will be completed within 9 months.
Bypass pumping and traffic control will be performance-based specificaons. Conformed documents are not required.
The city will prepare all division 00 and 01 specificaons, per the RFP.
EXHIBIT A
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Principal-InCharge Technical Advisor QA/QC Project Manager Assistant Engineer Land Survey Condition Assessment Ryan Sellman Greg Gould Tim Taylor Reace Fisher Kathleen Manion Walnut Creek Las Vegas Sacramento Fresno Walnut Creek Walnut Creek Walnut Creek Walnut Creek $340 $349 $311 $311 $263 $224 $161 $143 $ 15.00 Modesto Hayward 10% 1 1.01 Project Administration 40 40 $ 12,440 $ 600 $ - $ 300 $ 13,340
1.02 Project Kickoff Meeting 4 22 6 32 $ 9,780 $ 480 $ - $ 10,260
1.03 Public Outreach 4 8 4 16 $ 4,900 $ 240 $ - $ 5,140
1.04 Quality Control Program 4 8 4 16 $ 5,128 $ 240 $ - $ 5,368 8 4 8 74 10 - - - 104 $ 32,248 $ 1,560 $ - $ - $ - $ 300 $ 34,108 2 2.01 Conduct Existing Utility Research 12 4 16 $ 4,784 $ 240 $ - $ 120 $ 5,144
2.02 Conduct Topographic Survey 4 4 4 12 $ 3,192 $ 180 $ 33,300 $ 3,330 $ 200 $ 40,202
2.03 Conduct Manhole Condition Assessment 4 4 8 $ 2,296 $ 120 $ 20,000 $ 2,000 $ 24,416 - - - 20 12 4 - - 36 $ 10,272 $ 540 $ 33,300 $ 20,000 $ 5,330 $ 320 $ 69,762 3 3.01 Encroachment Permit Coordination 2 2 16 22 42 $ 12,140 $ 630 $ - $ 12,770 2 2 - 16 22 - - - 42 $ 12,140 $ 630 - - - -$ $ 12,770
4 4.01 Develop 70% PS&E Submittal Package 2 8 10 28 52 30 114 24 268 $ 57,472 $ 4,020 $ - $ 250 $ 61,742
4.02 Conduct 70% PS&E Review Meeting 4 12 4 20 $ 6,144 $ 300 $ - $ 200 $ 6,644
4.03 Develop 90% PS&E Submittal Package 4 4 10 32 58 18 70 92 288 $ 59,530 $ 4,320 $ - $ 250 $ 64,100
4.04 Conduct 90% PS&E Review Meeting 2 12 4 18 $ 5,464 $ 270 $ - $ 200 $ 5,9344.05 Develop Final PS&E Submittal Package 2 4 14 16 10 46 60 152 $ 28,864 $ 2,280 $ - $ 250 $ 31,394 14 16 20 98 134 58 230 176 746 157,474 $ $ 11,190 $ - $ - $ - $ 1,150 $ 169,814 5 5.01 Attend Pre-Bid Meeting 2 12 8 22 $ 6,516 $ 330 $ - $ 200 $ 7,046
5.02 Answer Bidder Questions / Provide Addenda 2 16 12 16 46 $ 11,388 $ 690 $ - $ 12,078 4 - - 28 20 - 16 - 68 $ 17,904 $ 1,020 $ - $ - $ - $ 200 $ 19,124 6 6.01 Attend Pre-Construction Conference 4 12 4 20 $ 6,144 $ 300 $ - $ 200 $ 6,644
6.02 Review Contractor's Submittals 4 8 32 78 122 $ 34,618 $ 1,830 $ - $ 36,4486.03 Respond to Requests for Information (RFIs) 4 2 16 32 16 70 $ 18,026 $ 1,050 $ - $ 19,0766.04 Attend Construction Meetings and Site Visits 4 16 42 62 $ 17,382 $ 930 $ - $ 400 $ 18,712
6.05 Review Proposed Change Orders 2 2 16 42 62 $ 17,400 $ 930 $ - $ 18,3306.06 Prepare Punch List 2 16 24 42 $ 11,968 $ 630 $ - $ 200 $ 12,798
6.07 Provide Record Drawings 12 32 40 84 $ 18,588 $ 1,260 $ - $ 19,848 20 12 - 120 254 - 56 - 462 124,126 $ $ 6,930 $ - $ - $ - $ 800 $ 131,85648 34 28 356 452 62 302 176 1,458 354,164 $ $21,870 $33,300 $20,000 $5,330 $2,770 $ 437,434
CITY OF MODESTO
FINAL DESIGN FOR SEWER TRUNK REHABILITATION SANTA ROSA AND DOWNTOWN (101559) FEE ESTIMATE (04/22/2024)
Task Description
Carollo Engineers Subconsultants
Subconsultant
Markup
(10%)
Other Direct
Costs
(Mileage,
Printing, etc.)
PROJECT
TOTAL
Senior CAD
Technician
CAD
Technician
National Plant
Services
Project Management
Task 1 Total
Develop Construction Documents
Document
Processing Total
Hours
Labor
Cost
PECE 1
O'Dell Engineering
Task 2 Total
Permitting Assistance
Task 3 Total
Field Investigations
Task 4 TotalTask 5 Total
Engineering Services During Construction
Task 6 Total
Project Totals
Bid Phase Services
https://carolloh2o-my.sharepoint.com/personal/rsellman_carollo_com/Documents/Desktop/REV BY SRI Modesto Santa Rosa Fee 2_15_2024.xlsx 4/22/2024 EXHIBIT B #20..
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CITY OF MODESTO
COUNCIL AGENDA REPORT
DATE OF MEETING:
June 25, 2024
Date: May 23, 2024
TO: Mayor & City Council
THROUGH: Joseph P. Lopez, City Manager
FROM: William Wong, Director of Utilities
SUBJECT: On-Call Electrical Engineering & Architectural Design Services Agreements CONTACT: Edgar Vargas, Senior Civil Engineer, [email protected], 209-577-5424 DESCRIPTION:
Consider approving an On-Call Electrical Engineering Design Services Agreement with Pezzoni Engineering, Inc, of Modesto, CA for a total amount not to exceed $300,000 over three years, and an On-Call Architectural Design Services Agreement with Red Inc. Architects, of Modesto, CA, for a total amount not to exceed $300,000 over three years. (Funding Source: Various Capital Improvement Program Projects)
STRATEGIC PLAN ELEMENT:
The recommended action supports the 2020-2025 City of Modesto Strategic Plan Initiatives, Goal D: Provide safe, efficient, and reliable infrastructure through proactive community investment, maintenance, and sustainability efforts.
BACKGROUND:
Capital Improvement Program (CIP) projects may require outside consultant services for efficient project delivery; retaining on-call professional service consultants allows the Utilities Department to have quick access to specialized electrical engineering and architectural design services and eliminates the need to send out repetitive Requests for Qualifications for projects of similar scope and/or type, thereby saving staff time and project costs. On-call consultants are primarily utilized to provide design services for small projects using experienced staff in time sensitive situations, which is essential to the efficient implementation of the City’s CIP projects.
DISCUSSION:
In accordance with Administrative Directive 3.1, Selection Procedures for Professional Consultants Who Provide Architectural & Engineering Services for Capital Projects, a Request for Qualifications was formally advertised through Planet Bids for On-Call Electrical Engineering and Architectural Design Services. On March 12, 2024, staff received five Statements of Qualifications (SOQ) for Electrical Engineering Design Services, and one SOQ for Architectural Design Services.
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City Council Meeting, June 25, 2024
On-Call Electrical Engineering & Architectural Design Services Agreements
After careful review by a selection committee comprised of Utilities Department staff, the following firms were selected as the most qualified to provide on-call services:
Electrical Engineering Design Services Pezzoni Engineering, Inc. Architectural Design Services Red Inc. Architects
When on-call professional services are required a written task order will be issued to the consultant identifying the agreed upon scope, cost, and schedule to complete the specific task(s).
In accordance with Modesto Municipal Code 8-3.204(a), “Exceptions to Formal Bidding Requirements”, Agreements for Professional Services are exempt from the bidding requirements of Modesto Municipal Code 8-3.203 if competitive quotations or proposals have been sought informally from at least three (3) qualified entities. The approval of On-Call Agreements for Electrical Engineering and Architectural Design Services to Pezzoni Engineering, Inc. and Red Inc. Architects, respectively, conforms to Modesto Municipal Code 8-
3.204, subsection (a) as they are providing professional services and at least three informal proposals were obtained.
FISCAL IMPACT:
Costs for On-Call Electrical Engineering and Architectural Design Services are not expected to exceed $200,000 per year. The total costs for the proposed three-year Agreements (initial oneyear term, with two one-year extension options) are not to exceed $300,000 per consultant Agreement.
No new budget allocations are required at this time as task orders associated with these OnCall Agreements will be project specific and encumbered against existing approved CIP budgets.
COMMITTEE RECOMMENDATION:
This item was considered by the Finance Committee at the meeting held on May 20, 2024, where it was recommended that it be forwarded to Council for approval.
RECOMMENDED COUNCIL ACTION:
Staff Recommendations:
Resolution approving an On-Call Electrical Engineering Design Services Agreement with Pezzoni Engineering, Inc., of Modesto, CA for a one-year Agreement with two one-year extension options, for an annual estimated amount of $100,000, and a total amount not to exceed $300,000 over three years; and authorizing the City Manager, or his designee, to execute the Agreement.
Resolution approving an On-Call Architectural Design Services Agreement with Red Inc.
Architects, of Modesto, CA for a one-year Agreement with two one-year extension options, for an annual estimated amount of $100,000, and a total amount not to exceed $300,000 over three years; and authorizing the City Manager, or his designee, to execute the Agreement. #21..
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City Council Meeting, June 25, 2024
On-Call Electrical Engineering & Architectural Design Services Agreements
Approved by:
William Wong, Director of Utilities
Joseph P. Lopez, City Manager
Attachments:
1. Resolutions (2)
2. On-Call Electrical Engineering Design Services Agreement & Exhibits Pezzoni Engineering, Inc.
3. On-Call Architectural Design Services Agreement & Exhibits Red Inc. Architects
4. Bid Waiver
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1 2024-
MODESTO CITY COUNCIL
RESOLUTION NO. 2024-
RESOLUTION APPROVING AN ON-CALL ELECTRICAL ENGINEERING
DESIGN SERVICES AGREEMENT WITH PEZZONI ENGINEERING, INC., OF
MODESTO, CA FOR A ONE-YEAR AGREEMENT WITH TWO ONE-YEAR
EXTENSION OPTIONS, FOR AN ANNUAL ESTIMATED AMOUNT OF
$100,000, AND A TOTAL AMOUNT NOT TO EXCEED $300,000 OVER THREE YEARS; AND AUTHORIZING THE CITY MANAGER, OR HIS DESIGNEE, TO
EXECUTE THE AGREEMENT
WHEREAS, Capital Improvement Program (CIP) projects may require outside consultant services for efficient project delivery, and WHEREAS, retaining on-call professional service consultants allows the Utilities Department to have quick access to specialized services and eliminates the need to send out repetitive Requests for Qualifications for projects of similar scope and/or type, thereby saving staff time and project costs, and
WHEREAS, in accordance with Administrative Directive 3.1, Selection Procedures for Professional Consultants Who Provide Architectural & Engineering Services for Capital Projects, a Request for Qualifications was formally advertised through Planet Bids for On-Call Electrical Engineering and Architectural Design Services, and
WHEREAS, staff received and distributed five (5) proposals to a selection committee consisting of Utilities Department staff, and WHEREAS, the selection committee evaluated the proposals and determined Pezzoni Engineering, Inc., to be qualified and responsive, and WHEREAS, in accordance with Modesto Municipal Code 8-3.204(a) “Exceptions to Formal Bidding Requirements,” Agreements for Professional Services are exempt from the bidding requirements of Modesto Municipal Code 8-3.203 if competitive #21..
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2 2024-
quotations or proposals have been sought informally from at least three (3) qualified entities.
NOW, THEREFORE BE IT RESOLVED by the Council of the City of Modesto that it hereby approves an On-Call Electrical Engineering Design Services Agreement with Pezzoni Engineering, Inc., of Modesto, CA, for one-year with two one-year extensions options, for an annual estimated amount of $100,000, and a total amount not to exceed $300,000 over three years.
BE IT FURTHER RESOLVED that the City Manager, or his designee, is hereby authorized to execute the agreement, in a form approved by the City Attorney. #21..
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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 25th day of June 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, CMC, City Clerk
(SEAL)
APPROVED AS TO FORM:
BY: ____________________________________
JOSE M. SANCHEZ, City Attorney
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MODESTO CITY COUNCIL
RESOLUTION NO. 2024-
RESOLUTION APPROVING AN ON-CALL ARCHITECTURAL DESIGN
SERVICES AGREEMENT WITH RED INC. ARCHITECTS, OF MODESTO, CA
FOR A ONE-YEAR AGREEMENT WITH TWO ONE-YEAR EXTENSION
OPTIONS, FOR AN ANNUAL ESTIMATED AMOUNT OF $100,000, AND A TOTAL AMOUNT NOT TO EXCEED $300,000 OVER THREE YEARS; AND
AUTHORIZING THE CITY MANAGER, OR HIS DESIGNEE, TO EXECUTE
THE AGREEMENT
WHEREAS, Capital Improvement Program (CIP) projects may require outside consultant services for efficient project delivery, and WHEREAS, retaining on-call professional service consultants allows the Utilities Department to have quick access to specialized services and eliminates the need to send out repetitive Requests for Qualifications for projects of similar scope and/or type, thereby saving staff time and project costs, and
WHEREAS, in accordance with Administrative Directive 3.1, Selection Procedures for Professional Consultants Who Provide Architectural & Engineering Services for Capital Projects, a Request for Qualifications was formally advertised through Planet Bids for On-Call Electrical Engineering and Architectural Design Services, and
WHEREAS, staff received and distributed five (5) proposals to a selection committee consisting of Utilities Department staff, and WHEREAS, the selection committee evaluated the proposals and determined Red Inc. Architects, to be qualified and responsive, and
WHEREAS, in accordance with Modesto Municipal Code 8-3.204(a) “Exceptions to Formal Bidding Requirements,” Agreements for Professional Services are exempt from the bidding requirements of Modesto Municipal Code 8-3.203 if competitive #21..
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quotations or proposals have been sought informally from at least three (3) qualified entities.
NOW, THEREFORE BE IT RESOLVED by the Council of the City of Modesto that it hereby approves an On-Call Architectural Design Services Agreement with Red Inc. Architects, of Modesto, CA, for one-year with two one-year extensions options, for an annual estimated amount of $100,000, and a total amount not to exceed $300,000 over three years.
BE IT FURTHER RESOLVED that the City Manager, or his designee, is hereby authorized to execute the agreement, in a form approved by the City Attorney. #21..
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The foregoing resolution was introduced at a regular meeting of the Council of the City of Modesto held on the 25th day of June 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, CMC, City Clerk
(SEAL)
APPROVED AS TO FORM:
BY: ____________________________________
JOSE M. SANCHEZ, City Attorney
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ON-CALL AGREEMENT FOR ELECTRICAL ENGINEERING DESIGN SERVICES THIS AGREEMENT, made and entered into in the City of Modesto, State of California, this day of , 2024, (“Effective Date”) by and between the CITY OF MODESTO, a municipal corporation of the State of California, hereinafter referred to as "City", and PEZZONI ENGINEERING, INC., a California Corporation, hereinafter referred to as "Consultant".
This Agreement is made with regard to the following recitals:
A. City has determined that there is a need for On-Call Electrical Engineering Design Services.
B. Consultant represents that it is qualified, willing and able to provide the requested On-Call Electrical Engineering Design Services.
NOW, THEREFORE, in consideration of this agreement, and the mutual promises, covenants, and stipulations hereinafter contained, the parties agree as follows:
1. SCOPE OF SERVICES.
Services to be provided by Consultant under this agreement shall generally fall under, but are not limited to, one or more of the categories as set forth and described in the documents attached hereto and referred to as Exhibit "A".
Specific scope(s) of services to be provided by Consultant shall be further defined by and authorized by City through the issuance of project-specific Task Orders. Each specific Task Order will require a written, scope outlining the specific services to be provided by Consultant, the schedule for completion, and the proposed compensation amount(s) and payment methodology to perform the specified services. The City must authorize each Task Order in writing prior to commencement of services by the Consultant. #21..
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The Consultant shall perform the services, as described in Exhibit "A" to this Agreement and subsequent Task Orders, in a manner compatible with the standards of its profession, and shall produce a fully complete project that is acceptable to City.
2. TERM OF AGREEMENT.
This Agreement is effective as of the date first written above and will continue in effect until City's acceptance of and payment for all services authorized by City and performed by Consultant, or one (1) year from the above date, whichever occurs latter, with the possibility of two (2) one (1) year extension options, at the sole discretion of City, unless terminated earlier in accordance with the provisions of the termination clause in this Agreement.
City hereby gives Consultant notice to proceed with the provision of services described in Exhibit "A" to this Agreement, as of the Effective Date of this agreement.
Consultant shall diligently proceed with the work and agrees to complete said specific scope(s) of services within the time period set forth in each respective Task Order.
3. COMPENSATION.
Consultant agrees to accept an estimated amount of ONE HUNDRED THOUSAND AND 00/100 DOLLARS ($100,000) per year, and a total amount not to exceed THREE HUNDRED THOUSAND AND 00/100 DOLLARS ($300,000) over three years as of the Effective Date as full remuneration for performing all services and furnishing all staffing and materials called for in Exhibit "A”, and subsequent Task Orders, and for performance by Consultant of all of its duties and obligations under this Agreement.
The Compensation shall be paid pursuant in the manner and at the times set forth below:
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City shall pay Consultant for work performed as authorized by subsequent Task Orders. All work shall be billed: 1) on a time and materials basis, at the hourly rates set forth in Exhibit “B”, attached hereto, or; 2) on a lump sum, fixed fee basis, as authorized by City per specific Task Order(s). Lump sum fees shall generally be in accordance with approximate amounts as shown in Exhibit “B”. Unless otherwise approved by City, the hourly rates and lump sum fees shown in Exhibit “B” shall remain in effect for the entire term of the agreement, including all extensions.
Consultant shall submit monthly invoices to City which include a detailed description of completed tasks, hours worked, and billable rates or percentage complete (for lump sum tasks) for all work completed, and detailed receipts for any out-of-pocket costs paid by Consultant in connection with work performed on this Project.
4. OBLIGATIONS OF CONSULTANT.
Throughout the term of this Agreement, Consultant shall possess, or secure all licenses, permits, qualifications and approvals legally required to conduct business.
Consultant warrants that it has all of the necessary professional capabilities and experience, as well as all tools, instrumentalities, facilities and other resources necessary to provide the City with the services contemplated by this Agreement. Consultant further warrants that it will follow the best current, generally accepted and professional practices to make findings, render opinions, prepare factual presentations, and provide professional advice and recommendations regarding this project.
5. PERFORMANCE BY KEY EMPLOYEE.
Consultant has represented to City that Kevin Pezzoni, PE will be the person primarily responsible for the performance of the services referred to in this Agreement. #21..
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City has entered into this Agreement in reliance on that representation by Consultant. Consultant therefore agrees that ten percent (10%) or more of the time to be devoted to the project that is the subject of this Agreement will be that of the above-named person.
6. OWNERSHIP OF DOCUMENTS/TITLE TO DATA.
Ownership of Documents
All reports, drawings, designs, graphics, working papers and other incidental work or materials furnished hereunder shall become and remain the property of the City, and may be used by City as it may require without any additional cost to City. No reports shall be used by the Consultant for purposes other than this contract without the express prior written consent of City.
Title to Data
If, as a part of the agreement, Consultant is required to produce data such as, but not limited to, drawings, plans, specifications, calculations, models, flow diagrams, visual aids and other related materials, the originals of all such data generated under this agreement will be delivered to City upon the completion or termination of services under the contract.
All materials, documents, data or information obtained from the City data files or any City medium furnished to Consultant in the performance of this Agreement will at all times remain the property of the City. Such data or information may not be used or copied for direct or indirect use by Consultant after termination of this Agreement without written consent of the City.
7. NEWS AND INFORMATION RELEASE.
Consultant agrees that it will not issue any news releases in connection with either the award of this Agreement, or any subsequent amendment of or efforts under this #21..
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Agreement, without first obtaining review and approval of said news releases from City through the City Manager.
8. INTEREST OF CONTRACTOR.
Consultant warrants that it presently has no interest and shall not acquire any interest, direct or indirect, which would conflict in any manner or degree with the performance of services required to be performed under this Agreement. Consultant warrants that, in performance of this Agreement, Consultant shall not employ any person having any such interest. Consultant agrees to file a Statement of Economic Interests with the City Clerk at the start and end of this contract if so required at the option of City.
9. AMENDMENTS.
Both parties to this Agreement understand that it may become desirable or necessary during the execution of this Agreement, for City or Consultant to modify the scope of services provided for under this Agreement. Any material extension or change in the scope of work shall be discussed with City and the change and cost shall be memorialized in a written amendment to the original contract prior to the performance of the additional work.
Until a change order is so executed, City will not be responsible to pay any charges Consultant may incur in performing such additional services, and Consultant shall not be required to perform any such additional services.
10. INDEPENDENT CONTRACTOR.
All acts of Consultant, its agents, officers, and employees and all others acting on behalf of Consultant relating to the performance of this Agreement, shall be performed as independent contractors and not as agents, officers, or employees of City. Consultant, by virtue of this Agreement, has no authority to bind or incur any obligation on behalf of City. #21..
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Consultant has no authority or responsibility to exercise any rights or power vested in the City.
No agent, officer, or employee of the City is to be considered an employee of Consultant. It is understood by both Consultant and City that this Agreement shall not under any circumstances be construed or considered to create an employer-employee relationship or a joint venture.
Consultant, its agents, officers and employees are and, at all times during the terms of this Agreement, shall represent and conduct themselves as independent contractors and not as employees of City.
Consultant shall determine the method, details and means of performing the work and services to be provided by Consultant under this Agreement. Consultant shall be responsible to City only for the requirements and results specified in this Agreement, and, except as expressly provided in this Agreement, shall not be subjected to City's control with respect to the physical action or activities of the Consultant in fulfillment of this Agreement. Consultant has control over the manner and means of performing the services under this Agreement.
Consultant is permitted to provide services to others during the same period service is provided to City under this Agreement. If necessary, Consultant has the responsibility for employing other persons or firms to assist Consultant in fulfilling the terms and obligations under this Agreement.
If in the performance of this Agreement any third persons are employed by Consultant, such persons shall be entirely and exclusively under the direction, supervision, and control of Consultant. All terms of employment including hours, wages, working conditions, discipline, hiring, and discharging or any other term of employment or requirement of law shall be determined by the Consultant.
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It is understood and agreed that as an independent contractor and not an employee of City neither the Consultant or Consultant's assigned personnel shall have any entitlement as a City employee, right to act on behalf of the City in any capacity whatsoever as an agent, or to bind the City to any obligation whatsoever.
It is further understood and agreed that Consultant must issue W-2 forms or other forms as required by law for income and employment tax purposes for all of Consultant's personnel.
As an independent contractor, Consultant hereby indemnifies and holds City harmless from any and all claims that may be made against City based upon any contention by any third party that an employer-employee relationship exists by reason of this Agreement.
11. ASSIGNMENT.
Neither this Agreement nor any portion thereof shall be subcontracted or assigned without the express prior written consent of the City in each and every instance.
12. PATENT/COPYRIGHT MATERIALS.
Unless otherwise expressly provided in the contract, Consultant shall be solely responsible for obtaining the right to use any patented or copyrighted materials in the performance of this Agreement. Consultant shall furnish a warranty of such right to use to City at the request of City.
13. NOTICES.
Notice required by this Agreement shall be given in writing and shall be deemed given and effective upon receipt provided that such are delivered in accordance with the provisions of this Section. Notices shall be delivered either by: (a) personal delivery (including delivery by an overnight courier service which obtains confirmation of receipt); or (b) by #21..
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facsimile, provided that such transmission is followed by delivery by an overnight courier service which obtains confirmation of receipt; or (c) postage prepaid, return receipt requested, certified mail; or (d) by electronic transmission subject to reasonable proof that the notice was both transmitted and received. Each such notice shall be sent to the parties at the address respectively set forth below or to such other address as a party may designate by written notice given in accordance with the provisions of this Section:
FOR CONSULTANT: Name: Pezzoni Engineering, Inc.
Address: 1150 9th Street, Suite 1415
Modesto, CA 95354
Attention: Kevin Pezzoni
Phone: (209) 554-4602
Email: [email protected]
FOR CITY: Name: City of Modesto
Address: 1010 10th Street, Suite 4600
Modesto, CA 95354
Attention: Edgar Vargas
Phone: (209) 577-5424
Email: [email protected]
14. INSURANCE REQUIREMENTS.
The Consultant shall provide at its own expense and maintain at all times the following insurance with insurance companies licensed in the State of California and shall provide evidence of such insurance to the City as may be required by the Risk Manager of the City. The policies or certificates thereof shall provide that, thirty (30) days prior to cancellation or material change in the policy, notices of same shall be given to the Risk Manager of the City by certified mail, return receipt requested, for all of the following stated insurance policies.
In the event the certificates of insurance required hereunder do not provide for notice of cancellation to the certificate holder and/or additional insureds, the Consultant shall #21..
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provide, and shall require its subcontractors to provide, as an express condition precedent to payment hereunder, an endorsement from their insurers providing that the additional insureds identified herein shall be provided 30 days notice of the cancellation on the policies of insurance required hereunder (10 days notice if the policies are cancelled for non-payment of premium). In addition, the named insured on all such policies shall provide to the additional insureds identified herein any notices of cancellation of said insurance policies within 5 business days of receipt of such notice. The Consultant shall, as a further express condition precedent to payment for work performed, affirm under penalty of perjury that the required insurance on the project remains in place and said insurance has not been cancelled.
(a) Worker's Compensation in compliance with the statutes of the State of California, plus employer's liability with a minimum limit of liability of $1,000,000. (b) General Liability insurance with a minimum limit of liability per occurrence of $1,000,000 for bodily injury and property damage. If Commercial General Liability Insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit. This insurance shall indicate on the certificate of insurance the following coverages and indicate the policy aggregate limit applying to: premises and operations; broad form contractual; independent consultants and subcontractors; products and completed operations as applicable.
(c) Automobile Liability insurance with a minimum limit of liability per occurrence of $1,000,000 for bodily injury and property damage. This insurance shall cover any automobile for bodily injury and property damage.
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(d) Professional Liability insurance with a minimum limit of $1,000,000 per claim and policy aggregate. If coverage is on a claims made basis it shall be maintained for at least three (3) years following completion of the work.
If at any time any of said policies shall be unsatisfactory to the City, as to form or substance, or if a company issuing such policy shall be unsatisfactory to the City, the Consultant shall promptly obtain a new policy, submit the same to the Risk Manager for approval and submit a certificate thereof as hereinabove provided. Upon failure of the Consultant to furnish, deliver or maintain such insurance and certificates as above provided, this Agreement, at the election of the City, may be forthwith declared suspended or terminated.
Failure of the Consultant to obtain and/or maintain any required insurance shall not relieve the Consultant from any liability under this Agreement, nor shall the insurance requirements be construed to conflict with or otherwise limit the obligations of the Consultant concerning indemnification. The City, its agents, officers, employees, and volunteers shall be named as an additional insured on all insurance policies required herein, except Workers' Compensation and Professional Liability. The Workers' Compensation insurer shall agree to waive all rights of subrogation against the City, its agents, officers, employees, and volunteers for losses arising from work performed by Consultant for the City. The Consultant's insurance policy(ies) shall include a provision that the coverage is primary as respects the City; shall include no special limitations to coverage provided to additional insured; and, shall be placed with insurer(s) with acceptable Best's rating of A:VII or with approval of the Risk Manager. The Consultant must deliver certificates evidencing existence of the insurance listed above to the City prior to the time the contract is signed.
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CONSULTANT shall provide CITY with separate endorsements evidencing proof of the CITY’s additional insured status as to both the general liability and automobile liability insurance policies. In addition, CONSULTANT shall provide CITY with a Workers Compensation subrogation waiver by way of a separate endorsement. All endorsements referenced above must include the applicable policy number.
For any claims related to this project, the CONSULTANT’S insurance coverage shall be primary insurance as respects the Entity, its officers, officials, employees, and volunteers. Any insurance or self-insurance maintained by the Entity, its officers, officials, employees, or volunteers shall be excess of the CONSULTANT’S insurance and shall not contribute with it.
15. TERMINATION OF AGREEMENT.
Termination by City for Default of Consultant
Should Consultant default in the performance of this Agreement or materially breach any of its provisions, at its option, City may terminate this Agreement by giving written notification to Consultant. The termination date shall be the effective date of the notice. For the purposes of this section, material breach of this Agreement shall include, but not be limited to, any of the following: failure to perform required services or duties, willful destruction of City's property by Consultant, dishonesty or theft.
Termination by City for Convenience
The City may also terminate the Consultant's performance under the Agreement, either in whole or in part, at its own discretion, or when conditions encountered during the Work make it impossible or impracticable to proceed, or when the City is prevented from proceeding with the Agreement by act of God, by law, or by official action of a public authority, or upon a #21..
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determination by the City that such termination is in the best interest and convenience of the City, or whenever the City is prohibited from completing the Work for any reason. The City shall provide no less than ten (10) calendar days written notice of its intent to terminate the Agreement for convenience, and shall endeavor to provide the Consultant with consultation with the City prior to termination.
Post-Termination Procedure
Upon receipt of a written notice of termination pursuant to either of the foregoing paragraphs, the Consultant shall:
a. Cease its work as directed in the notice of termination as of the termination date and see to it that its employees, subconsultants and agents are notified of such termination and act as specified in the notice of termination;
b. Terminate all orders and Subcontractors except as necessary to complete any portion of the Work that is not terminated; c. If directed in writing by the City to do so, assign all right, title and interest in subcontracts and materials in progress to City, in which case the City will have the right at its discretion to settle, or pay any or all claims arising out of the termination of such subconsultants, but in no event shall recovery by any Consultant or subconsultant include lost profits for portions of the Work not completed or undertaken, including materials not delivered; d. Deliver or otherwise make available to the City all data, drawings, specifications, reports, estimates, summaries and such #21..
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other information and material as may have been accumulated by the Consultant in performing the Work whether completed or in process; e. Settle outstanding liabilities and claims, subject to the approval of City;
f. Complete performance of such part of the Work as has not been terminated;
g. Take such other actions as may be necessary, or as may be directed by the City for the protection and preservation of the Work and/or property related to the Work;
h. If City so requests, and at City's cost, Consultant shall provide sufficient oral or written status reports to make City reasonably aware of the status of Consultant's work on the project. i. The Consultant understands and agrees that City may, in City's sole discretion, refuse to pay Consultant for that portion of Consultant's services which were performed by Consultant on the project prior to the termination date and which remain
unacceptable and/or not useful to City as of the termination date.
City will pay Consultant an amount based on the percentage of satisfactory work completed in accordance with the notice of termination. The final payment to the Consultant after termination for convenience shall be limited to amounts due and owing under the Agreement at time of termination, including the following:
a. The cost of settling and paying valid claims arising out of the termination of the Work such as subconsultant agreements or #21..
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contracts for materials;
b. The Agreement price allocable to the portion of the Work properly performed or goods supplied to the work site by the Consultant as of the date of termination, as determined in accordance with the notice of termination, reduced by any sums previously paid to the Consultant.
Authorization to Terminate Agreement
Termination of the Agreement may be invoked by the City Manager, or his/her designee, subject to the right of the Consultant to appeal the City Manager, or his/her designee’s, decision to the City Council. The Consultant shall appeal by notifying the City Clerk in writing within ten (10) calendar days of receipt of written notification from City of termination of the Agreement. In the event that termination of this Agreement is upheld by the City Council, any cessation of payment of delay claims, extended claims, Eichleay claims, or any other claims for delay shall be retroactive to the date of termination selected by the City Manager, or his/her designee.
16. CERTIFIED PAYROLL REQUIREMENT.
For consultants performing field work on public works contracts on which prevailing wages are required: The Consultant shall comply with the provisions of Section 1776 of the California Labor Code, regarding payroll records, and shall require its subconsultants and subcontractors to comply with that section as may be required by law.
17. INDEMNITY.
The Consultant shall hold the City, its agents, officers, employees, and volunteers, harmless from and save, defend and indemnify them against any and all claims, #21..
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losses, liabilities, judgments or damages from every cause, including but not limited to injury to person or property or wrongful death, including reasonable costs and expenses of defense of any judicial or administrative action, arising directly or indirectly out of any negligent or intentional act or omission of Consultant, or its agents, officers, employees, or volunteers relating to or during the performance of its obligations under this Agreement.
Consultant's obligation to defend, indemnify, and hold the City, its agents, officers, and employees harmless under the provisions of this paragraph is not limited to or restricted by any requirement in this Agreement for Consultant to procure and maintain a policy of insurance.
18. DISPUTE RESOLUTION.
All claims, controversies, or disputes arising out of, or relating to the formation of this Agreement, or the breach, termination execution, enforcement, interpretation, or validity of this Agreement, including the determination of the scope or applicability of this contract provision shall be determined by binding arbitration in Modesto, California by one arbitrator, except as otherwise specified in this Agreement. The American Arbitration Association shall administer the arbitration under its Arbitration Rules then in effect, subject to the modifications of those rules contained in this paragraph. This agreement to arbitrate shall be specifically enforceable under the prevailing law of any court having jurisdiction, and the award rendered by the arbitrator may be entered in any court having jurisdiction. The appropriate venue for any arbitration or court proceeding relating to or arising out of this provision shall be in Stanislaus County, California.
This paragraph is not intended to and does not waive the claim filing requirements found in California Government Code section 900 et seq. In the event that a timely #21..
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and legally sufficient, arbitrable claim is filed by Consultant with City, and the claim is rejected in whole or in part by City, this paragraph shall result in the conclusive, final, and binding resolution of all the issues presented in the claim by Consultant so long as any issues presented by the claim are arbitrable. Claims rejected by City or by operation of law, shall be submitted by Consultant to arbitration pursuant to the Arbitration Rules of the American Arbitration Association within ninety (90) days after mailing of the written rejection by City to Consultant.
Otherwise, the claim or claims shall be deemed waived in their entirety.
The “fast track’ rules of the American Arbitration Association shall apply to any claim or counterclaim less than ONE HUNDRED FIFTY THOUSAND AND 00/100 ($150,000.00) DOLLARS. In arbitration not proceeding under the “fast track” rules, the arbitrator shall have the power to order that depositions be taken and other discovery be made.
Both City and Consultant shall have the right, upon written notice, to take no more than three (3) depositions of the other as a matter of right in an arbitration proceeding under the “fast track” rules.
Whether or not City and Consultant may be engaged in interstate commerce, any controversy or dispute mentioned above shall be determined by, and the parties shall be bound by, the substantive law of the State of California, and not the Federal Arbitration Act at 9 USC Section 1 et seq.
The arbitrator may grant any remedy or relief deemed by the arbitrator just and equitable under the circumstances, whether or not such relief could be awarded in a court of law. The arbitrator shall be empowered to award monetary sanctions against a party for failure of cooperation in the arbitration. The arbitrator shall, in written award, allocate all the costs of the arbitration, including the fees of the arbitrator and the reasonable attorney fees of the #21..
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prevailing party, against the party who did not prevail. The prevailing party shall be the party in whose favor the majority of the central issues in the case are resolved.
Notwithstanding anything in this provision to the contrary, the arbitrator shall have no power to award punitive damages or other damages not measured by the party’s actual damages (excluding litigation costs and fees) against any party. This limitation of the arbitrator’s powers under this Agreement shall not operate as an exclusion of the issue of punitive damages from this Agreement to Arbitrate sufficient to vest jurisdiction in a court with respect to that issue.
Consultant shall include in all subcontracts a specification whereby the subcontractor consents to being joined in arbitration between City and Consultant involving the work of the subcontractor to be joined. Consultant’s failure to do so shall be a breach of this Agreement.
The parties hereby waive any rights provided by Title 9.2 of the California Code of Civil Procedure, Section 1296. The arbitrator’s award shall be deemed final, conclusive and binding to the fullest extent allowed by California law.
19. ENTIRE AGREEMENT.
This Agreement and its exhibits contain the entire understanding between Consultant and City. Additional or new terms contained in this Agreement which vary from Consultant's proposal are controlling and are deemed accepted by Consultant by shipment of any article or other commencement of performance hereunder. All previous proposals, offers and communications relative to this Agreement, whether oral or written, are hereby superseded except to the extent that they have been incorporated into this Agreement. No future waiver of #21..
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or exception to any of the terms, conditions, and provisions of this Agreement shall be considered valid unless specifically agreed to in writing by all the parties.
20. PARTIAL INVALIDITY.
If any provision in this Agreement is held by a court of competent jurisdiction to be invalid, void, or unenforceable, the remaining provisions shall nevertheless continue in full force without being impaired or invalidated in any way.
21. WAIVER.
The waiver by any party to this Agreement of a breach of any provision hereof shall be in writing and shall not operate or be construed as a waiver of any other or subsequent breach hereof unless specifically stated in writing.
22. AUDIT.
The City's duly authorized representative shall have access at all reasonable times to all reports, contract records, contract documents, contract files, and personnel necessary to audit and verify Consultant's charges to City under this Agreement.
Consultant agrees to retain reports, records, documents, and files related to charges under this Agreement for a period of four (4) years following the date of final payment for Consultant services. City's representative shall have the right to reproduce any of the aforesaid documents.
23. GOVERNING LAW.
This Agreement shall be governed according to the laws of the State of California.
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24. HEADINGS NOT CONTROLLING.
Headings used in the Agreement are for reference purposes only and shall not be considered in construing this Agreement.
25. COMPLIANCE WITH LAWS.
Consultant shall insure compliance with all safety and hourly requirements for employees, in accordance with federal, state, and county safety and health regulations and laws. Consultant shall fully comply with all applicable federal, state, and local laws, ordinances, regulations and permits.
26. CITY BUSINESS LICENSE.
Consultant will have a City of Modesto business license.
IN WITNESS WHEREOF, the City of Modesto, a municipal corporation, has authorized the execution of this Agreement in duplicate by its City Manager and attestation by its City Clerk under authority of Resolution No. 2024- , adopted by the Council of the City of Modesto on the day of , 2024, and PEZZONI ENGINEERING, INC. has caused this agreement to be duly executed in duplicate as of the Effective Date. #21..
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EXHIBIT A
SCOPE OF WORK
On-Call Electrical Engineering Services
The following outlines some of the typical services to be provided by the consultant. On-call tasks shall include, but are not limited to:
1. Meeting, as needed, with Staff and responding intelligently, proactively, and effectively to infrastructure Electrical demands, renewal and replacement needs, service demands, and regulatory issues directly affecting various City of Modesto Capital Improvement Program projects.
2. Assist Staff in the scope and documents for new or renewed electrical equipment, maintenance practices, and processes. The consultant may use whatever resource he has available including the firm he represents or contracting with an outside engineering firm.
3. Provide input and expertise, as needed, in the operations, maintenance, and the capital improvement projects proposed or being accomplished.
4. Act as liaison and project manager with Staff in order to insure legal and best practices of the City of Modesto are met.
5. Appearances at Council or sub-committees thereof, as required.
6. Meet, as required, with special consultants or independent professional associates requested or authorized by the City of Modesto.
7. Prepare Preliminary Electrical Studies, Reports, or Feasibility Studies for proposed or current Capital Improvement projects.
8. Prepare electrical design, specifications, and construction cost estimates for power, lighting, communications, control systems, or energy management.
9. Assistance with project bidding, submittal review, requests for information, and various on-site inspections.
The services described herein are to be performed for a period of one (1) year from the date of Council approval, and can be extended for two (2) additional one-year periods, at the sole discretion of City, by formal letters of written agreement between the City and Consultant and must be signed by both parties.
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EXHIBIT A
The following services are less likely to be needed. The listing below is added to clarify possible assignments of the position.
1. Electrical Engineering work required to meet the requirements of regulatory or funding agencies that become effective subsequent to the date of this agreement. 2 Preparation for litigation, arbitration, or other legal or administrative proceedings, and appearances in court or at arbitration sessions.
3. Special Electrical reports as requested by the City of Modesto concerning facilities operation during the operation initial period.
4. Redesign and preparation or through subcontract of sketches or drawings and requiring significant effort to supplement the drawings and specifications as necessitated by field conditions which differ from the conditions shown on the contract drawings.
5. Services or through subcontract in making revisions to drawings and specifications occasioned by the acceptance of substitutions proposed by a contractor.
6. Services or through subcontract resulting from significant delays, changes, or price increases occurring as a direct or indirect result of material, equipment, or energy shortages.
7. Additional or extended services or through subcontract during construction made necessary by (1) work damaged by fire or other cause during construction, (2) a significant amount of defective or neglected work by a Contractor, (3) acceleration of the process schedule involving service beyond normal working hours, (4) default by the Contractor, and (5) failure of the Contractor to complete the work within the construction contract time.
8. Evaluation of or through subcontract unusually complex claims or an unreasonable or extensive number of claims submitted by the Contractor or others in connection with the electrical work that result in expenditure of man-hours set out in other parts of the contract scope.
9. Changes in the general scope, extent, or character of the project or its design including, but not limited to, changes in size, complexity, City of Modesto’s schedule, character of construction, or method of financing; and revising previously accepted studies, reports, design documents, or construction contract documents when such revisions are required by changes in laws, rules, regulations, ordinances, codes, or orders enacted subsequent to the preparation of such designs or due to any other causes beyond the Engineer’s control. #21..
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EXHIBIT A
10. Peer Review for various Capital Improvement projects Electrical design.
11. Other assignments as requested by City staff.
Sub-consultants may be part of some of the tasks. Services will be completed on a time and materials basis in conformance with the Fee Schedule provided on the following page. #21..
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Pezzoni Engineering
1150 9th Street, Suite 1415
Modesto, CA 95354
(209) 554-4602
FEE SCHEDULE FOR PROFESSIONAL SERVICES
EFFECTIVE: January 1, 2024
The following fees are presently in effect for professional services available from our firm:
CONSULTATION SERVICES:
Investigative/Expert Witness/Professional Consultation TBD* ENGINEERING SERVICES:
Principal Engineer $240.00 Per Hour
Project Manager $210.00 Per Hour
Engineer $185.00 Per Hour
Senior Designer $165.00 Per Hour
Designer $132.00 Per Hour
CAD/BIM Specialist $105.00 Per Hour
Clerical $82.00 Per Hour
* Charges for investigative services, expert witness or professional consultation are generally not applicable to projects involving the preparation of plans or specifications for construction projects.
The fees, terms, and conditions stated herein are included and a part of this Agreement by reference. Carrying charges equal to one percent per month, twelve percent A.P.R., may be assessed to all accounts over 60 days of billing.
The Client agrees to limit our liability and to defend and hold harmless for any cause in connection with this project to a maximum of our net aggregate fees as stated in this proposal. The Client and Owner further agree that any cause of action shall be adjudicated in Stanislaus County, California. The prevailing Party to any action shall be entitled to the full recovery of all expenses, fees, hours, and consultants associated with defending such actions, all to be paid by the nonprevailing Party or Parties, based upon a percentage of award of damages or dismissal.
Should actions be taken for the collection of fees due, the prevailing party will be entitled to full recovery of costs of collection paid by the non-prevailing party. This agreement is entered into on the above-referenced date in Stanislaus County, California.
Client may terminate this Agreement with or without cause, upon written notice.
Should any provision of this Agreement be found to be unenforceable by the presiding Court or authority, the entire balance of this agreement shall remain in full force and effect.
EXHIBIT B
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ON-CALL AGREEMENT FOR ARCHITECTURAL DESIGN SERVICES
THIS AGREEMENT, made and entered into in the City of Modesto, State of California, this day of , 2024, (“Effective Date”) by and between the CITY OF MODESTO, a municipal corporation of the State of California, hereinafter referred to as "City", and RED INC ARCHITECTS, a California Corporation, hereinafter referred to as "Consultant".
This Agreement is made with regard to the following recitals:
A. City has determined that there is a need for On-Call Architectural Design Services.
B. Consultant represents that it is qualified, willing and able to provide the requested On-Call Architectural Design Services.
NOW, THEREFORE, in consideration of this agreement, and the mutual promises, covenants, and stipulations hereinafter contained, the parties agree as follows:
1. SCOPE OF SERVICES.
Services to be provided by Consultant under this agreement shall generally fall under, but are not limited to, one or more of the categories as set forth and described in the documents attached hereto and referred to as Exhibit "A".
Specific scope(s) of services to be provided by Consultant shall be further defined by and authorized by City through the issuance of project-specific Task Orders. Each specific Task Order will require a written, scope outlining the specific services to be provided by Consultant, the schedule for completion, and the proposed compensation amount(s) and payment methodology to perform the specified services. The City must authorize each Task Order in writing prior to commencement of services by the Consultant. #21..
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The Consultant shall perform the services, as described in Exhibit "A" to this Agreement and subsequent Task Orders, in a manner compatible with the standards of its profession, and shall produce a fully complete project that is acceptable to City.
2. TERM OF AGREEMENT.
This Agreement is effective as of the date first written above and will continue in effect until City's acceptance of and payment for all services authorized by City and performed by Consultant, or one (1) year from the above date, whichever occurs latter, with the possibility of two (2) one (1) year extension options, at the sole discretion of City, unless terminated earlier in accordance with the provisions of the termination clause in this Agreement.
City hereby gives Consultant notice to proceed with the provision of services described in Exhibit "A" to this Agreement, as of the Effective Date of this agreement.
Consultant shall diligently proceed with the work and agrees to complete said specific scope(s) of services within the time period set forth in each respective Task Order.
3. COMPENSATION.
Consultant agrees to accept an estimated amount of ONE HUNDRED THOUSAND AND 00/100 DOLLARS ($100,000) per year, and a total amount not to exceed THREE HUNDRED THOUSAND AND 00/100 DOLLARS ($300,000) over three years as of the Effective Date as full remuneration for performing all services and furnishing all staffing and materials called for in Exhibit "A”, and subsequent Task Orders, and for performance by Consultant of all of its duties and obligations under this Agreement.
The Compensation shall be paid pursuant in the manner and at the times set forth below:
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City shall pay Consultant for work performed as authorized by subsequent Task Orders. All work shall be billed: 1) on a time and materials basis, at the hourly rates set forth in Exhibit “B”, attached hereto, or; 2) on a lump sum, fixed fee basis, as authorized by City per specific Task Order(s). Lump sum fees shall generally be in accordance with approximate amounts as shown in Exhibit “B”. Unless otherwise approved by City, the hourly rates and lump sum fees shown in Exhibit “B” shall remain in effect for the entire term of the agreement, including all extensions.
Consultant shall submit monthly invoices to City which include a detailed description of completed tasks, hours worked, and billable rates or percentage complete (for lump sum tasks) for all work completed, and detailed receipts for any out-of-pocket costs paid by Consultant in connection with work performed on this Project.
4. OBLIGATIONS OF CONSULTANT.
Throughout the term of this Agreement, Consultant shall possess, or secure all licenses, permits, qualifications and approvals legally required to conduct business.
Consultant warrants that it has all of the necessary professional capabilities and experience, as well as all tools, instrumentalities, facilities and other resources necessary to provide the City with the services contemplated by this Agreement. Consultant further warrants that it will follow the best current, generally accepted and professional practices to make findings, render opinions, prepare factual presentations, and provide professional advice and recommendations regarding this project.
5. PERFORMANCE BY KEY EMPLOYEE.
Consultant has represented to City that Barrett Lipomi, AIA will be the person primarily responsible for the performance of the services referred to in this Agreement. #21..
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City has entered into this Agreement in reliance on that representation by Consultant. Consultant therefore agrees that ten percent (10%) or more of the time to be devoted to the project that is the subject of this Agreement will be that of the above-named person.
6. OWNERSHIP OF DOCUMENTS/TITLE TO DATA.
Ownership of Documents
All reports, drawings, designs, graphics, working papers and other incidental work or materials furnished hereunder shall become and remain the property of the City, and may be used by City as it may require without any additional cost to City. No reports shall be used by the Consultant for purposes other than this contract without the express prior written consent of City.
Title to Data
If, as a part of the agreement, Consultant is required to produce data such as, but not limited to, drawings, plans, specifications, calculations, models, flow diagrams, visual aids and other related materials, the originals of all such data generated under this agreement will be delivered to City upon the completion or termination of services under the contract.
All materials, documents, data or information obtained from the City data files or any City medium furnished to Consultant in the performance of this Agreement will at all times remain the property of the City. Such data or information may not be used or copied for direct or indirect use by Consultant after termination of this Agreement without written consent of the City.
7. NEWS AND INFORMATION RELEASE.
Consultant agrees that it will not issue any news releases in connection with either the award of this Agreement, or any subsequent amendment of or efforts under this #21..
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Agreement, without first obtaining review and approval of said news releases from City through the City Manager.
8. INTEREST OF CONTRACTOR.
Consultant warrants that it presently has no interest and shall not acquire any interest, direct or indirect, which would conflict in any manner or degree with the performance of services required to be performed under this Agreement. Consultant warrants that, in performance of this Agreement, Consultant shall not employ any person having any such interest. Consultant agrees to file a Statement of Economic Interests with the City Clerk at the start and end of this contract if so required at the option of City.
9. AMENDMENTS.
Both parties to this Agreement understand that it may become desirable or necessary during the execution of this Agreement, for City or Consultant to modify the scope of services provided for under this Agreement. Any material extension or change in the scope of work shall be discussed with City and the change and cost shall be memorialized in a written amendment to the original contract prior to the performance of the additional work.
Until a change order is so executed, City will not be responsible to pay any charges Consultant may incur in performing such additional services, and Consultant shall not be required to perform any such additional services.
10. INDEPENDENT CONTRACTOR.
All acts of Consultant, its agents, officers, and employees and all others acting on behalf of Consultant relating to the performance of this Agreement, shall be performed as independent contractors and not as agents, officers, or employees of City. Consultant, by virtue of this Agreement, has no authority to bind or incur any obligation on behalf of City. #21..
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Consultant has no authority or responsibility to exercise any rights or power vested in the City.
No agent, officer, or employee of the City is to be considered an employee of Consultant. It is understood by both Consultant and City that this Agreement shall not under any circumstances be construed or considered to create an employer-employee relationship or a joint venture.
Consultant, its agents, officers and employees are and, at all times during the terms of this Agreement, shall represent and conduct themselves as independent contractors and not as employees of City.
Consultant shall determine the method, details and means of performing the work and services to be provided by Consultant under this Agreement. Consultant shall be responsible to City only for the requirements and results specified in this Agreement, and, except as expressly provided in this Agreement, shall not be subjected to City's control with respect to the physical action or activities of the Consultant in fulfillment of this Agreement. Consultant has control over the manner and means of performing the services under this Agreement.
Consultant is permitted to provide services to others during the same period service is provided to City under this Agreement. If necessary, Consultant has the responsibility for employing other persons or firms to assist Consultant in fulfilling the terms and obligations under this Agreement.
If in the performance of this Agreement any third persons are employed by Consultant, such persons shall be entirely and exclusively under the direction, supervision, and control of Consultant. All terms of employment including hours, wages, working conditions, discipline, hiring, and discharging or any other term of employment or requirement of law shall be determined by the Consultant.
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It is understood and agreed that as an independent contractor and not an employee of City neither the Consultant or Consultant's assigned personnel shall have any entitlement as a City employee, right to act on behalf of the City in any capacity whatsoever as an agent, or to bind the City to any obligation whatsoever.
It is further understood and agreed that Consultant must issue W-2 forms or other forms as required by law for income and employment tax purposes for all of Consultant's personnel.
As an independent contractor, Consultant hereby indemnifies and holds City harmless from any and all claims that may be made against City based upon any contention by any third party that an employer-employee relationship exists by reason of this Agreement.
11. ASSIGNMENT.
Neither this Agreement nor any portion thereof shall be subcontracted or assigned without the express prior written consent of the City in each and every instance.
12. PATENT/COPYRIGHT MATERIALS.
Unless otherwise expressly provided in the contract, Consultant shall be solely responsible for obtaining the right to use any patented or copyrighted materials in the performance of this Agreement. Consultant shall furnish a warranty of such right to use to City at the request of City.
13. NOTICES.
Notice required by this Agreement shall be given in writing and shall be deemed given and effective upon receipt provided that such are delivered in accordance with the provisions of this Section. Notices shall be delivered either by: (a) personal delivery (including delivery by an overnight courier service which obtains confirmation of receipt); or (b) by #21..
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facsimile, provided that such transmission is followed by delivery by an overnight courier service which obtains confirmation of receipt; or (c) postage prepaid, return receipt requested, certified mail; or (d) by electronic transmission subject to reasonable proof that the notice was both transmitted and received. Each such notice shall be sent to the parties at the address respectively set forth below or to such other address as a party may designate by written notice given in accordance with the provisions of this Section:
FOR CONSULTANT: Name: Red Inc Architects
Address: 1217 J Street
Modesto, CA 95354
Attention: Barrett Lipomi
Phone: (209) 522-8900
Email: [email protected]
FOR CITY: Name: City of Modesto
Address: 1010 10th Street, Suite 4600
Modesto, CA 95354
Attention: Edgar Vargas
Phone: (209) 577-5424
Email: [email protected]
14. INSURANCE REQUIREMENTS.
The Consultant shall provide at its own expense and maintain at all times the following insurance with insurance companies licensed in the State of California and shall provide evidence of such insurance to the City as may be required by the Risk Manager of the City. The policies or certificates thereof shall provide that, thirty (30) days prior to cancellation or material change in the policy, notices of same shall be given to the Risk Manager of the City by certified mail, return receipt requested, for all of the following stated insurance policies.
In the event the certificates of insurance required hereunder do not provide for notice of cancellation to the certificate holder and/or additional insureds, the Consultant shall #21..
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provide, and shall require its subcontractors to provide, as an express condition precedent to payment hereunder, an endorsement from their insurers providing that the additional insureds identified herein shall be provided 30 days notice of the cancellation on the policies of insurance required hereunder (10 days notice if the policies are cancelled for non-payment of premium). In addition, the named insured on all such policies shall provide to the additional insureds identified herein any notices of cancellation of said insurance policies within 5 business days of receipt of such notice. The Consultant shall, as a further express condition precedent to payment for work performed, affirm under penalty of perjury that the required insurance on the project remains in place and said insurance has not been cancelled.
(a) Worker's Compensation in compliance with the statutes of the State of California, plus employer's liability with a minimum limit of liability of $1,000,000. (b) General Liability insurance with a minimum limit of liability per occurrence of $1,000,000 for bodily injury and property damage. If Commercial General Liability Insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit. This insurance shall indicate on the certificate of insurance the following coverages and indicate the policy aggregate limit applying to: premises and operations; broad form contractual; independent consultants and subcontractors; products and completed operations as applicable.
(c) Automobile Liability insurance with a minimum limit of liability per occurrence of $1,000,000 for bodily injury and property damage. This insurance shall cover any automobile for bodily injury and property damage.
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(d) Professional Liability insurance with a minimum limit of $1,000,000 per claim and policy aggregate. If coverage is on a claims made basis it shall be maintained for at least three (3) years following completion of the work.
If at any time any of said policies shall be unsatisfactory to the City, as to form or substance, or if a company issuing such policy shall be unsatisfactory to the City, the Consultant shall promptly obtain a new policy, submit the same to the Risk Manager for approval and submit a certificate thereof as hereinabove provided. Upon failure of the Consultant to furnish, deliver or maintain such insurance and certificates as above provided, this Agreement, at the election of the City, may be forthwith declared suspended or terminated.
Failure of the Consultant to obtain and/or maintain any required insurance shall not relieve the Consultant from any liability under this Agreement, nor shall the insurance requirements be construed to conflict with or otherwise limit the obligations of the Consultant concerning indemnification. The City, its agents, officers, employees, and volunteers shall be named as an additional insured on all insurance policies required herein, except Workers' Compensation and Professional Liability. The Workers' Compensation insurer shall agree to waive all rights of subrogation against the City, its agents, officers, employees, and volunteers for losses arising from work performed by Consultant for the City. The Consultant's insurance policy(ies) shall include a provision that the coverage is primary as respects the City; shall include no special limitations to coverage provided to additional insured; and, shall be placed with insurer(s) with acceptable Best's rating of A:VII or with approval of the Risk Manager. The Consultant must deliver certificates evidencing existence of the insurance listed above to the City prior to the time the contract is signed.
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CONSULTANT shall provide CITY with separate endorsements evidencing proof of the CITY’s additional insured status as to both the general liability and automobile liability insurance policies. In addition, CONSULTANT shall provide CITY with a Workers Compensation subrogation waiver by way of a separate endorsement. All endorsements referenced above must include the applicable policy number.
For any claims related to this project, the CONSULTANT’S insurance coverage shall be primary insurance as respects the Entity, its officers, officials, employees, and volunteers. Any insurance or self-insurance maintained by the Entity, its officers, officials, employees, or volunteers shall be excess of the CONSULTANT’S insurance and shall not contribute with it.
15. TERMINATION OF AGREEMENT.
Termination by City for Default of Consultant
Should Consultant default in the performance of this Agreement or materially breach any of its provisions, at its option, City may terminate this Agreement by giving written notification to Consultant. The termination date shall be the effective date of the notice. For the purposes of this section, material breach of this Agreement shall include, but not be limited to, any of the following: failure to perform required services or duties, willful destruction of City's property by Consultant, dishonesty or theft.
Termination by City for Convenience
The City may also terminate the Consultant's performance under the Agreement, either in whole or in part, at its own discretion, or when conditions encountered during the Work make it impossible or impracticable to proceed, or when the City is prevented from proceeding with the Agreement by act of God, by law, or by official action of a public authority, or upon a #21..
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determination by the City that such termination is in the best interest and convenience of the City, or whenever the City is prohibited from completing the Work for any reason. The City shall provide no less than ten (10) calendar days written notice of its intent to terminate the Agreement for convenience, and shall endeavor to provide the Consultant with consultation with the City prior to termination.
Post-Termination Procedure
Upon receipt of a written notice of termination pursuant to either of the foregoing paragraphs, the Consultant shall:
a. Cease its work as directed in the notice of termination as of the termination date and see to it that its employees, subconsultants and agents are notified of such termination and act as specified in the notice of termination;
b. Terminate all orders and Subcontractors except as necessary to complete any portion of the Work that is not terminated; c. If directed in writing by the City to do so, assign all right, title and interest in subcontracts and materials in progress to City, in which case the City will have the right at its discretion to settle, or pay any or all claims arising out of the termination of such subconsultants, but in no event shall recovery by any Consultant or subconsultant include lost profits for portions of the Work not completed or undertaken, including materials not delivered; d. Deliver or otherwise make available to the City all data, drawings, specifications, reports, estimates, summaries and such #21..
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other information and material as may have been accumulated by the Consultant in performing the Work whether completed or in process; e. Settle outstanding liabilities and claims, subject to the approval of City;
f. Complete performance of such part of the Work as has not been terminated;
g. Take such other actions as may be necessary, or as may be directed by the City for the protection and preservation of the Work and/or property related to the Work;
h. If City so requests, and at City's cost, Consultant shall provide sufficient oral or written status reports to make City reasonably aware of the status of Consultant's work on the project. i. The Consultant understands and agrees that City may, in City's sole discretion, refuse to pay Consultant for that portion of Consultant's services which were performed by Consultant on the project prior to the termination date and which remain
unacceptable and/or not useful to City as of the termination date.
City will pay Consultant an amount based on the percentage of satisfactory work completed in accordance with the notice of termination. The final payment to the Consultant after termination for convenience shall be limited to amounts due and owing under the Agreement at time of termination, including the following:
a. The cost of settling and paying valid claims arising out of the termination of the Work such as subconsultant agreements or #21..
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contracts for materials;
b. The Agreement price allocable to the portion of the Work properly performed or goods supplied to the work site by the Consultant as of the date of termination, as determined in accordance with the notice of termination, reduced by any sums previously paid to the Consultant.
Authorization to Terminate Agreement
Termination of the Agreement may be invoked by the City Manager, or his/her designee, subject to the right of the Consultant to appeal the City Manager, or his/her designee’s, decision to the City Council. The Consultant shall appeal by notifying the City Clerk in writing within ten (10) calendar days of receipt of written notification from City of termination of the Agreement. In the event that termination of this Agreement is upheld by the City Council, any cessation of payment of delay claims, extended claims, Eichleay claims, or any other claims for delay shall be retroactive to the date of termination selected by the City Manager, or his/her designee.
16. CERTIFIED PAYROLL REQUIREMENT.
For consultants performing field work on public works contracts on which prevailing wages are required: The Consultant shall comply with the provisions of Section 1776 of the California Labor Code, regarding payroll records, and shall require its subconsultants and subcontractors to comply with that section as may be required by law.
17. INDEMNITY.
The Consultant shall hold the City, its agents, officers, employees, and volunteers, harmless from and save, defend and indemnify them against any and all claims, #21..
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losses, liabilities, judgments or damages from every cause, including but not limited to injury to person or property or wrongful death, including reasonable costs and expenses of defense of any judicial or administrative action, arising directly or indirectly out of any negligent or intentional act or omission of Consultant, or its agents, officers, employees, or volunteers relating to or during the performance of its obligations under this Agreement.
Consultant's obligation to defend, indemnify, and hold the City, its agents, officers, and employees harmless under the provisions of this paragraph is not limited to or restricted by any requirement in this Agreement for Consultant to procure and maintain a policy of insurance.
18. DISPUTE RESOLUTION.
All claims, controversies, or disputes arising out of, or relating to the formation of this Agreement, or the breach, termination execution, enforcement, interpretation, or validity of this Agreement, including the determination of the scope or applicability of this contract provision shall be determined by binding arbitration in Modesto, California by one arbitrator, except as otherwise specified in this Agreement. The American Arbitration Association shall administer the arbitration under its Arbitration Rules then in effect, subject to the modifications of those rules contained in this paragraph. This agreement to arbitrate shall be specifically enforceable under the prevailing law of any court having jurisdiction, and the award rendered by the arbitrator may be entered in any court having jurisdiction. The appropriate venue for any arbitration or court proceeding relating to or arising out of this provision shall be in Stanislaus County, California.
This paragraph is not intended to and does not waive the claim filing requirements found in California Government Code section 900 et seq. In the event that a timely #21..
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and legally sufficient, arbitrable claim is filed by Consultant with City, and the claim is rejected in whole or in part by City, this paragraph shall result in the conclusive, final, and binding resolution of all the issues presented in the claim by Consultant so long as any issues presented by the claim are arbitrable. Claims rejected by City or by operation of law, shall be submitted by Consultant to arbitration pursuant to the Arbitration Rules of the American Arbitration Association within ninety (90) days after mailing of the written rejection by City to Consultant.
Otherwise, the claim or claims shall be deemed waived in their entirety.
The “fast track’ rules of the American Arbitration Association shall apply to any claim or counterclaim less than ONE HUNDRED FIFTY THOUSAND AND 00/100 ($150,000.00) DOLLARS. In arbitration not proceeding under the “fast track” rules, the arbitrator shall have the power to order that depositions be taken and other discovery be made.
Both City and Consultant shall have the right, upon written notice, to take no more than three (3) depositions of the other as a matter of right in an arbitration proceeding under the “fast track” rules.
Whether or not City and Consultant may be engaged in interstate commerce, any controversy or dispute mentioned above shall be determined by, and the parties shall be bound by, the substantive law of the State of California, and not the Federal Arbitration Act at 9 USC Section 1 et seq.
The arbitrator may grant any remedy or relief deemed by the arbitrator just and equitable under the circumstances, whether or not such relief could be awarded in a court of law. The arbitrator shall be empowered to award monetary sanctions against a party for failure of cooperation in the arbitration. The arbitrator shall, in written award, allocate all the costs of the arbitration, including the fees of the arbitrator and the reasonable attorney fees of the #21..
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prevailing party, against the party who did not prevail. The prevailing party shall be the party in whose favor the majority of the central issues in the case are resolved.
Notwithstanding anything in this provision to the contrary, the arbitrator shall have no power to award punitive damages or other damages not measured by the party’s actual damages (excluding litigation costs and fees) against any party. This limitation of the arbitrator’s powers under this Agreement shall not operate as an exclusion of the issue of punitive damages from this Agreement to Arbitrate sufficient to vest jurisdiction in a court with respect to that issue.
Consultant shall include in all subcontracts a specification whereby the subcontractor consents to being joined in arbitration between City and Consultant involving the work of the subcontractor to be joined. Consultant’s failure to do so shall be a breach of this Agreement.
The parties hereby waive any rights provided by Title 9.2 of the California Code of Civil Procedure, Section 1296. The arbitrator’s award shall be deemed final, conclusive and binding to the fullest extent allowed by California law.
19. ENTIRE AGREEMENT.
This Agreement and its exhibits contain the entire understanding between Consultant and City. Additional or new terms contained in this Agreement which vary from Consultant's proposal are controlling and are deemed accepted by Consultant by shipment of any article or other commencement of performance hereunder. All previous proposals, offers and communications relative to this Agreement, whether oral or written, are hereby superseded except to the extent that they have been incorporated into this Agreement. No future waiver of #21..
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or exception to any of the terms, conditions, and provisions of this Agreement shall be considered valid unless specifically agreed to in writing by all the parties.
20. PARTIAL INVALIDITY.
If any provision in this Agreement is held by a court of competent jurisdiction to be invalid, void, or unenforceable, the remaining provisions shall nevertheless continue in full force without being impaired or invalidated in any way.
21. WAIVER.
The waiver by any party to this Agreement of a breach of any provision hereof shall be in writing and shall not operate or be construed as a waiver of any other or subsequent breach hereof unless specifically stated in writing.
22. AUDIT.
The City's duly authorized representative shall have access at all reasonable times to all reports, contract records, contract documents, contract files, and personnel necessary to audit and verify Consultant's charges to City under this Agreement.
Consultant agrees to retain reports, records, documents, and files related to charges under this Agreement for a period of four (4) years following the date of final payment for Consultant services. City's representative shall have the right to reproduce any of the aforesaid documents.
23. GOVERNING LAW.
This Agreement shall be governed according to the laws of the State of California.
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24. HEADINGS NOT CONTROLLING.
Headings used in the Agreement are for reference purposes only and shall not be considered in construing this Agreement.
25. COMPLIANCE WITH LAWS.
Consultant shall insure compliance with all safety and hourly requirements for employees, in accordance with federal, state, and county safety and health regulations and laws. Consultant shall fully comply with all applicable federal, state, and local laws, ordinances, regulations and permits.
26. CITY BUSINESS LICENSE.
Consultant will have a City of Modesto business license.
IN WITNESS WHEREOF, the City of Modesto, a municipal corporation, has authorized the execution of this Agreement in duplicate by its City Manager and attestation by its City Clerk under authority of Resolution No. 2024- , adopted by the Council of the City of Modesto on the day of , 2024, and RED INC ARCHITECTS has caused this agreement to be duly executed in duplicate as of the Effective Date. #21..
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1217 J. Street Modesto, CA 95354 209.522.8900 redincarchitects.com
SCOPE OF SERVICES
Our team follows a detailed technical approach to provide services to our Clients. This design approach starts with a detailed work plan that outlines each step and milestone throughout the duration of the project.
The first step in our design approach is the development of a Work Plan. This work plan outlines the key phases of the project, from initial planning through completion of construction. The development of the work plan is done collectively, working with you, as well as the full A/E Team. During this step of the design process, key issues, goals, objectives, and critical success factors are identified for the project for each phase of the project delivery process.
Our Scope of Services include the following:
• Schematic Design
• Design Development
• Construction Documents
• Bidding
• Construction Administration
SCHEMATIC DESIGN
The Design portion of the project consists of three phases, each phase corresponding to a submittal to our Client for review and approval. The objective of the Schematic Design Phase is the translation of the program and site development plan into a building design, as well as meeting the goals, operational objectives and budget requirements established.
Our Team then prepares all necessary Schematic Design Documents including, but not limited to, the following:
• Site Plan based on site information from the Client, indicating the location of the buildings, major improvements, such as proposed parking areas, and location of exterior utilities and service lines.
• Floor Plans showing all rooms and areas, entrances, exits, circulation corridors, as well as major mechanical and electrical areas.
• Building Elevations showing the various building masses and how they coincide with the floor plans, including proposed materials.
• Building Sections showing floor-to-deck dimensions sufficiently indicating interface with structures.
• Preliminary general descriptions of systems, the general type and scope of construction, and the equipment required therein.
EXHIBIT A
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1217 J. Street Modesto, CA 95354 209.522.8900 redincarchitects.com Schematic Design Drawings are reviewed by a team member. During that review they will verify constructability and coordination between disciplines.
Once this review of the package is complete, it is submitted to the client for review and approval prior to executing the following phases.
DESIGN DEVELOPMENT
A well-developed schematic design that has the full support of all major stakeholders is the foundation of the work in the Design Development phase. Design Development of the approved schematic design documents will include identification, selection and sizing of all major building systems and components. The process is again achieved by a collaborative effort from all members of the project team.
Design Development documents are reviewed for constructability and coordination between all disciplines. Once the package is complete, it is then submitted to the Client for review and approval prior to the next phase.
CONSTRUCTION DOCUMENTS
The Construction Documents phase of the project builds on the decisions made during the Design Development phase. A coordinated set of drawings and specifications is then prepared and submitted to all approving agencies. These drawings will include all design and engineering disciplines, as well as any reports, applications and/or additional forms.
This is also the phase in which any, and all requested revisions will be addressed.
CONSTRUCTION ADMINISTRATION
Our experience has proven that having key project personnel that are involved during the design and construction documents phases provide construction support and ensures consistency.
Maintaining this continuity is what solidifies that design and performance goals are achieved.
During the Construction Administration phase, the A/E Team will assist in the following:
• Respond to all RFI’s, memorandums, and all other inquiries from the field. • Prepare designs bulletins for any changes needed.
• Review and approve all submittals, shop drawings and substitution requests. • Attend on-site construction and team meetings.
• Review and comment on all requests for revisions or changes. • Provide final closeout services and documentation.
EXHIBIT A
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1217 J Street Modesto CA 95354 209.522.8900 redincarchitects.com
HOURLY FEE SCHEDULE
The following fees are presently in effect for professional services available from our firm:
ARCHITECTURAL SERVICES
Principal Architect $195.00 Per Hour
Senior Project Manager $145.00 Per Hour
Project Manager $130.00 Per Hour
Job Captain $115.00 Per Hour
Project Designer $105.00 Per Hour
Project Draftsman $95.00 Per Hour
Project Administrator $85.00 Per Hour
OTHER
Reimbursables Direct Cost + 10%
Auto Travel IRS Rate at Time of Service
EXHIBIT B
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CITY OF MODESTO
COUNCIL AGENDA REPORT
DATE OF MEETING:
June 25, 2024
Date: June 5, 2024
TO: Mayor and City Council
THROUGH: Joseph P. Lopez, City Manager
FROM: William Wong, Director of Utilities
SUBJECT: Sole Source Agreement for Field Services and Parts CONTACT: Jeff Daniels, Acting Wastewater Division Manager, [email protected], 209-577-6255
DESCRIPTION:
Consider approving an Agreement with Hach Company, Loveland, CO, for Field Services and Parts for a total amount not to exceed $389,405 over three years. (Funding Source: Sewer Operations Fund)
STRATEGIC PLAN ELEMENT:
The recommended action supports the 2020-2025 City of Modesto Strategic Plan Initiatives, Goal D: Provide safe, efficient, and reliable infrastructure through proactive community investment, maintenance, and sustainability efforts.
BACKGROUND:
The Utilities Wastewater Recycling Facilities have installed various Hach Company instruments at both sites. These instruments ensure process control and compliance by monitoring and collecting critical data needed for the City’s National Pollutant Discharge Elimination System (NPDES) Permit. The instruments also assist the operations staff in maintaining equipment and processes with real-time data. This service agreement includes, but is not limited to, onsite calibration, onsite routine maintenance, and parts necessary to keep equipment in service.
Hach Company’s factory-trained service personnel are authorized to perform any repair, start-up service, or maintenance on these instruments. This will ensure accuracy of critical data points required for plant optimization and regulatory compliance, as well as dependability of the instruments, to minimize downtime of the facility and potential lost water sales to the North Valley Regional Recycled Water Project. Staff will receive field service reports that will demonstrate a proper maintenance program, which will be especially valuable during State audits of our maintenance records for compliance of permit-required meters. A maintenance program performed by authorized field service technicians is subject to less scrutiny than a City operated maintenance program. This agreement will also prevent additional costs associated with spare #22..
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City Council, June 25, 2024
Sole Source Agreement for Field Services and Parts