Bid Tabulation Wednesday, November 20, 2024
Project Title: Bret Harte Neighborhood S&R - Phase 1B (Glenn Ave. & Seattle St.)
Project ID #: 2025-001
Account #: 101450
Vault ID #: 08-D-01037
Bid Opening: 11/19/2024 at 11:00 AM
Basis of Award: By Base Bid Designer: Siegfried Engineering Design Manager: Edgar Vargas
Project Description: This project will replace approximately 3,720 LF of aged existing water mains within the Bret Harte Neighborhood. Water main replacement will take place on Butte Ave from Seattle St to Crows Landing Rd; On Seattle St from Butte Ave to Glenn Ave; and on Glenn Ave from Dallas St to Crows Landing Rd. Existing water mains in the area are old, undersized steel mains which are prone to leaking and low pressures. This project will replace the existing system with City standard water mains, valves and fire hydrants to improve system reliability, flows and pressure.
Item # Item Description Units Quantity Unit Price Extension Apparent Low Bidder
Mid Cal Pipeline & Utilities, Inc.
(209) 383-7473 P.O. Box 2406, Merced, CA 95344
Base Bid
1 Mobilization/Demobilization LS 1 $100,000.00 $100,000.00 2 Allowance for Stanislaus County Encroachment LS 1 $2,000.00 $2,000.00 Permit
3 Water Pollution Control Plan (WPCP) LS 1 $10,000.00 $10,000.00 4 Traffic Control/Handling, Signage, and LS 1 $18,000.00 $18,000.00 Permitting
5 Shoring, Bracing, and Sheeting LS 1 $5,000.00 $5,000.00 6 Potholing LS 1 $20,000.00 $20,000.00
7 Sawcut Existing Pavement LF 3720 $8.00 $29,760.00
8 Remove Existing Pavement SF 17490 $2.00 $34,980.00
9 Remove and Replace Gravel Swale SF 92 $50.00 $4,600.00 10 Remove and Reconstruct Concrete Curb LF 10 $300.00 $3,000.00 11 Remove and Reconstruct Concrete Sidewalk SF 76 $50.00 $3,800.00 12 Remove and Reconstruct Stamped Concrete SF 32 $150.00 $4,800.00 Median
13 Remove and Reconstruct Existing AC Dike LF 61 $175.00 $10,675.00 14 6-inch DR18 PVC Pipe (C900) LF 160 $111.00 $17,760.00 15 8-inch DR14 PVC Pipe (C900) LF 1310 $121.00 $158,510.00 16 12-inch DR18 PVC Pipe (C900) LF 615 $151.00 $92,865.00 17 12-inch DR14 PVC Pipe (C900) LF 1635 $161.00 $263,235.00 18 6-inch Gate Valve EA 6 $2,000.00 $12,000.00
19 8-inch Gate Valve EA 7 $2,500.00 $17,500.00
20 12-inch Gate Valve EA 12 $4,800.00 $57,600.00
21 Fire Hydrant Assembly EA 6 $10,000.00 $60,000.00
22 Class II Aggregate Base CY 405 $100.00 $40,500.00
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23 Hot Mix Asphalt TONS 380 $290.00 $110,200.00
24 1-inch Water Service, Including Meter Box EA 86 $2,200.00 $189,200.00 25 1.5-inch Water Service, Including Meter Box EA 2 $3,000.00 $6,000.00 26 2-inch Water Service, Including Meter Box EA 1 $4,000.00 $4,000.00 27 Restore Traffic Striping, Markings, and Signage LS 1 $47,000.00 $47,000.00 28 Underground Boring of Water Services (On LF 4515 $63.00 $284,445.00 Private Property)
29 Water Service Reconnection (On Private EA 85 $700.00 $59,500.00 Property)
30 Type II Slurry Seal SF 40722 $1.30 $52,938.60
31 Abandonment of Water Lines, Valves, and LS 1 $11,500.00 $11,500.00 Services
Total: $1,731,368.60
Percent From Engineer's Estimate: -23.22%
United Pavement Maintenance Inc.
(209) 883-4345 PO Box 1017, Hughson, CA 95326
Base Bid
1 Mobilization/Demobilization LS 1 $138,900.00 $138,900.00 2 Allowance for Stanislaus County Encroachment LS 1 $2,000.00 $2,000.00 Permit
3 Water Pollution Control Plan (WPCP) LS 1 $18,045.00 $18,045.00 4 Traffic Control/Handling, Signage, and LS 1 $131,200.00 $131,200.00 Permitting
5 Shoring, Bracing, and Sheeting LS 1 $20,000.00 $20,000.00 6 Potholing LS 1 $31,500.00 $31,500.00
7 Sawcut Existing Pavement LF 3720 $3.50 $13,020.00
8 Remove Existing Pavement SF 17490 $2.50 $43,725.00
9 Remove and Replace Gravel Swale SF 92 $57.00 $5,244.00 10 Remove and Reconstruct Concrete Curb LF 10 $500.00 $5,000.00 11 Remove and Reconstruct Concrete Sidewalk SF 76 $190.80 $14,500.80 12 Remove and Reconstruct Stamped Concrete SF 32 $250.00 $8,000.00 Median
13 Remove and Reconstruct Existing AC Dike LF 61 $197.00 $12,017.00 14 6-inch DR18 PVC Pipe (C900) LF 160 $155.00 $24,800.00 15 8-inch DR14 PVC Pipe (C900) LF 1310 $112.00 $146,720.00 16 12-inch DR18 PVC Pipe (C900) LF 615 $142.00 $87,330.00 17 12-inch DR14 PVC Pipe (C900) LF 1635 $157.00 $256,695.00 18 6-inch Gate Valve EA 6 $1,520.00 $9,120.00
19 8-inch Gate Valve EA 7 $2,250.00 $15,750.00
20 12-inch Gate Valve EA 12 $4,895.00 $58,740.00
21 Fire Hydrant Assembly EA 6 $9,825.00 $58,950.00
22 Class II Aggregate Base CY 405 $176.00 $71,280.00
23 Hot Mix Asphalt TONS 380 $535.00 $203,300.00
24 1-inch Water Service, Including Meter Box EA 86 $2,450.00 $210,700.00 25 1.5-inch Water Service, Including Meter Box EA 2 $4,175.00 $8,350.00 26 2-inch Water Service, Including Meter Box EA 1 $4,475.00 $4,475.00 27 Restore Traffic Striping, Markings, and Signage LS 1 $19,800.00 $19,800.00 28 Underground Boring of Water Services (On LF 4515 $35.00 $158,025.00 Private Property)
29 Water Service Reconnection (On Private EA 85 $1,025.00 $87,125.00 Property)
30 Type II Slurry Seal SF 40722 $1.17 $47,644.74
31 Abandonment of Water Lines, Valves, and LS 1 $50,000.00 $50,000.00 #4..
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Services
Total: $1,961,956.54
Percent From Engineer's Estimate: -12.99%
Rolfe Construction
(209) 358-5548 3573 Southern Pacific Ave., Atwater, CA 95301 Base Bid
1 Mobilization/Demobilization LS 1 $140,000.00 $140,000.00 2 Allowance for Stanislaus County Encroachment LS 1 $2,000.00 $2,000.00 Permit
3 Water Pollution Control Plan (WPCP) LS 1 $65,000.00 $65,000.00 4 Traffic Control/Handling, Signage, and LS 1 $65,000.00 $65,000.00 Permitting
5 Shoring, Bracing, and Sheeting LS 1 $55,000.00 $55,000.00 6 Potholing LS 1 $42,000.00 $42,000.00
7 Sawcut Existing Pavement LF 3720 $8.00 $29,760.00
8 Remove Existing Pavement SF 17490 $3.00 $52,470.00
9 Remove and Replace Gravel Swale SF 92 $128.00 $11,776.00 10 Remove and Reconstruct Concrete Curb LF 10 $1,100.00 $11,000.00 11 Remove and Reconstruct Concrete Sidewalk SF 76 $350.00 $26,600.00 12 Remove and Reconstruct Stamped Concrete SF 32 $750.00 $24,000.00 Median
13 Remove and Reconstruct Existing AC Dike LF 61 $241.00 $14,701.00 14 6-inch DR18 PVC Pipe (C900) LF 160 $165.00 $26,400.00 15 8-inch DR14 PVC Pipe (C900) LF 1310 $92.00 $120,520.00 16 12-inch DR18 PVC Pipe (C900) LF 615 $140.00 $86,100.00 17 12-inch DR14 PVC Pipe (C900) LF 1635 $135.00 $220,725.00 18 6-inch Gate Valve EA 6 $2,154.00 $12,924.00
19 8-inch Gate Valve EA 7 $2,928.00 $20,496.00
20 12-inch Gate Valve EA 12 $4,991.00 $59,892.00
21 Fire Hydrant Assembly EA 6 $14,607.00 $87,642.00
22 Class II Aggregate Base CY 405 $130.00 $52,650.00
23 Hot Mix Asphalt TONS 380 $250.00 $95,000.00
24 1-inch Water Service, Including Meter Box EA 86 $1,822.00 $156,692.00 25 1.5-inch Water Service, Including Meter Box EA 2 $8,777.00 $17,554.00 26 2-inch Water Service, Including Meter Box EA 1 $16,404.00 $16,404.00 27 Restore Traffic Striping, Markings, and Signage LS 1 $31,044.00 $31,044.00 28 Underground Boring of Water Services (On LF 4515 $46.00 $207,690.00 Private Property)
29 Water Service Reconnection (On Private EA 85 $874.00 $74,290.00 Property)
30 Type II Slurry Seal SF 40722 $2.50 $101,805.00
31 Abandonment of Water Lines, Valves, and LS 1 $43,000.00 $43,000.00 Services
Total: $1,970,135.00
Percent From Engineer's Estimate: -12.63%
Knife River Construction
(209) 948-0302 P.O. Box 6099, Stockton, CA 95206
Base Bid
1 Mobilization/Demobilization LS 1 $118,100.00 $118,100.00 2 Allowance for Stanislaus County Encroachment LS 1 $2,000.00 $2,000.00 #4..
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Permit
3 Water Pollution Control Plan (WPCP) LS 1 $61,000.00 $61,000.00 4 Traffic Control/Handling, Signage, and LS 1 $128,500.00 $128,500.00 Permitting
5 Shoring, Bracing, and Sheeting LS 1 $26,000.00 $26,000.00 6 Potholing LS 1 $76,000.00 $76,000.00
7 Sawcut Existing Pavement LF 3720 $6.00 $22,320.00
8 Remove Existing Pavement SF 17490 $0.85 $14,866.50
9 Remove and Replace Gravel Swale SF 92 $41.00 $3,772.00 10 Remove and Reconstruct Concrete Curb LF 10 $480.00 $4,800.00 11 Remove and Reconstruct Concrete Sidewalk SF 76 $100.00 $7,600.00 12 Remove and Reconstruct Stamped Concrete SF 32 $213.00 $6,816.00 Median
13 Remove and Reconstruct Existing AC Dike LF 61 $92.00 $5,612.00 14 6-inch DR18 PVC Pipe (C900) LF 160 $136.00 $21,760.00 15 8-inch DR14 PVC Pipe (C900) LF 1310 $165.00 $216,150.00 16 12-inch DR18 PVC Pipe (C900) LF 615 $212.00 $130,380.00 17 12-inch DR14 PVC Pipe (C900) LF 1635 $231.00 $377,685.00 18 6-inch Gate Valve EA 6 $2,900.00 $17,400.00
19 8-inch Gate Valve EA 7 $3,500.00 $24,500.00
20 12-inch Gate Valve EA 12 $5,700.00 $68,400.00
21 Fire Hydrant Assembly EA 6 $6,300.00 $37,800.00
22 Class II Aggregate Base CY 405 $58.00 $23,490.00
23 Hot Mix Asphalt TONS 380 $230.00 $87,400.00
24 1-inch Water Service, Including Meter Box EA 86 $3,200.00 $275,200.00 25 1.5-inch Water Service, Including Meter Box EA 2 $5,000.00 $10,000.00 26 2-inch Water Service, Including Meter Box EA 1 $12,300.00 $12,300.00 27 Restore Traffic Striping, Markings, and Signage LS 1 $17,000.00 $17,000.00 28 Underground Boring of Water Services (On LF 4515 $26.00 $117,390.00 Private Property)
29 Water Service Reconnection (On Private EA 85 $557.00 $47,345.00 Property)
30 Type II Slurry Seal SF 40722 $1.25 $50,902.50
31 Abandonment of Water Lines, Valves, and LS 1 $61,000.00 $61,000.00 Services
Total: $2,073,489.00
Percent From Engineer's Estimate: -8.04%
D. A. Wood Construction Inc.
(209) 491-4970 P.O. Box 1810, Empire, CA 95319
Base Bid
1 Mobilization/Demobilization LS 1 $100,000.00 $100,000.00 2 Allowance for Stanislaus County Encroachment LS 1 $2,000.00 $2,000.00 Permit
3 Water Pollution Control Plan (WPCP) LS 1 $17,500.00 $17,500.00 4 Traffic Control/Handling, Signage, and LS 1 $45,000.00 $45,000.00 Permitting
5 Shoring, Bracing, and Sheeting LS 1 $9,500.00 $9,500.00 6 Potholing LS 1 $35,000.00 $35,000.00
7 Sawcut Existing Pavement LF 3720 $5.00 $18,600.00
8 Remove Existing Pavement SF 17490 $4.00 $69,960.00
9 Remove and Replace Gravel Swale SF 92 $20.00 $1,840.00 10 Remove and Reconstruct Concrete Curb LF 10 $245.00 $2,450.00 #4..
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11 Remove and Reconstruct Concrete Sidewalk SF 76 $228.00 $17,328.00 12 Remove and Reconstruct Stamped Concrete SF 32 $330.00 $10,560.00 Median
13 Remove and Reconstruct Existing AC Dike LF 61 $72.00 $4,392.00 14 6-inch DR18 PVC Pipe (C900) LF 160 $140.00 $22,400.00 15 8-inch DR14 PVC Pipe (C900) LF 1310 $141.00 $184,710.00 16 12-inch DR18 PVC Pipe (C900) LF 615 $175.00 $107,625.00 17 12-inch DR14 PVC Pipe (C900) LF 1635 $182.00 $297,570.00 18 6-inch Gate Valve EA 6 $3,500.00 $21,000.00
19 8-inch Gate Valve EA 7 $4,500.00 $31,500.00
20 12-inch Gate Valve EA 12 $6,000.00 $72,000.00
21 Fire Hydrant Assembly EA 6 $6,400.00 $38,400.00
22 Class II Aggregate Base CY 405 $146.00 $59,130.00
23 Hot Mix Asphalt TONS 380 $425.00 $161,500.00
24 1-inch Water Service, Including Meter Box EA 86 $3,025.00 $260,150.00 25 1.5-inch Water Service, Including Meter Box EA 2 $4,385.00 $8,770.00 26 2-inch Water Service, Including Meter Box EA 1 $8,300.00 $8,300.00 27 Restore Traffic Striping, Markings, and Signage LS 1 $35,000.00 $35,000.00 28 Underground Boring of Water Services (On LF 4515 $80.00 $361,200.00 Private Property)
29 Water Service Reconnection (On Private EA 85 $750.00 $63,750.00 Property)
30 Type II Slurry Seal SF 40722 $1.36 $55,381.92
31 Abandonment of Water Lines, Valves, and LS 1 $81,200.00 $81,200.00 Services
Total: $2,203,716.92
Percent From Engineer's Estimate: -2.27%
Soracco, Inc.
(209) 267-4030 903 E Lodi, Lodi, CA 95240
Base Bid
1 Mobilization/Demobilization LS 1 $150,000.00 $150,000.00 2 Allowance for Stanislaus County Encroachment LS 1 $2,000.00 $2,000.00 Permit
3 Water Pollution Control Plan (WPCP) LS 1 $3,540.00 $3,540.00 4 Traffic Control/Handling, Signage, and LS 1 $76,700.00 $76,700.00 Permitting
5 Shoring, Bracing, and Sheeting LS 1 $29,500.00 $29,500.00 6 Potholing LS 1 $47,200.00 $47,200.00
7 Sawcut Existing Pavement LF 3720 $3.00 $11,160.00
8 Remove Existing Pavement SF 17490 $4.00 $69,960.00
9 Remove and Replace Gravel Swale SF 92 $88.50 $8,142.00 10 Remove and Reconstruct Concrete Curb LF 10 $147.50 $1,475.00 11 Remove and Reconstruct Concrete Sidewalk SF 76 $59.00 $4,484.00 12 Remove and Reconstruct Stamped Concrete SF 32 $118.00 $3,776.00 Median
13 Remove and Reconstruct Existing AC Dike LF 61 $177.00 $10,797.00 14 6-inch DR18 PVC Pipe (C900) LF 160 $171.10 $27,376.00 15 8-inch DR14 PVC Pipe (C900) LF 1310 $159.30 $208,683.00 16 12-inch DR18 PVC Pipe (C900) LF 615 $188.80 $116,112.00 17 12-inch DR14 PVC Pipe (C900) LF 1635 $177.00 $289,395.00 18 6-inch Gate Valve EA 6 $3,540.00 $21,240.00
19 8-inch Gate Valve EA 7 $4,130.00 $28,910.00
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20 12-inch Gate Valve EA 12 $5,310.00 $63,720.00
21 Fire Hydrant Assembly EA 6 $16,520.00 $99,120.00
22 Class II Aggregate Base CY 405 $118.00 $47,790.00
23 Hot Mix Asphalt TONS 380 $285.00 $108,300.00
24 1-inch Water Service, Including Meter Box EA 86 $4,720.00 $405,920.00 25 1.5-inch Water Service, Including Meter Box EA 2 $6,490.00 $12,980.00 26 2-inch Water Service, Including Meter Box EA 1 $10,620.00 $10,620.00 27 Restore Traffic Striping, Markings, and Signage LS 1 $29,677.00 $29,677.00 28 Underground Boring of Water Services (On LF 4515 $30.00 $135,450.00 Private Property)
29 Water Service Reconnection (On Private EA 85 $1,000.00 $85,000.00 Property)
30 Type II Slurry Seal SF 40722 $1.30 $52,938.60
31 Abandonment of Water Lines, Valves, and LS 1 $59,000.00 $59,000.00 Services
Total: $2,220,965.60
Percent From Engineer's Estimate: -1.50%
R & R Pacific Construction
(530) 219-2070 433 Second St, Woodland, CA 95695
Base Bid
1 Mobilization/Demobilization LS 1 $220,000.00 $220,000.00 2 Allowance for Stanislaus County Encroachment LS 1 $2,000.00 $2,000.00 Permit
3 Water Pollution Control Plan (WPCP) LS 1 $14,000.00 $14,000.00 4 Traffic Control/Handling, Signage, and LS 1 $93,000.00 $93,000.00 Permitting
5 Shoring, Bracing, and Sheeting LS 1 $8,549.16 $8,549.16 6 Potholing LS 1 $35,000.00 $35,000.00
7 Sawcut Existing Pavement LF 3720 $1.00 $3,720.00
8 Remove Existing Pavement SF 17490 $2.00 $34,980.00
9 Remove and Replace Gravel Swale SF 92 $20.00 $1,840.00 10 Remove and Reconstruct Concrete Curb LF 10 $400.00 $4,000.00 11 Remove and Reconstruct Concrete Sidewalk SF 76 $150.00 $11,400.00 12 Remove and Reconstruct Stamped Concrete SF 32 $260.00 $8,320.00 Median
13 Remove and Reconstruct Existing AC Dike LF 61 $35.00 $2,135.00 14 6-inch DR18 PVC Pipe (C900) LF 160 $200.00 $32,000.00 15 8-inch DR14 PVC Pipe (C900) LF 1310 $200.00 $262,000.00 16 12-inch DR18 PVC Pipe (C900) LF 615 $225.00 $138,375.00 17 12-inch DR14 PVC Pipe (C900) LF 1635 $225.00 $367,875.00 18 6-inch Gate Valve EA 6 $3,000.00 $18,000.00
19 8-inch Gate Valve EA 7 $3,500.00 $24,500.00
20 12-inch Gate Valve EA 12 $5,500.00 $66,000.00
21 Fire Hydrant Assembly EA 6 $12,500.00 $75,000.00
22 Class II Aggregate Base CY 405 $250.00 $101,250.00
23 Hot Mix Asphalt TONS 380 $350.00 $133,000.00
24 1-inch Water Service, Including Meter Box EA 86 $2,350.00 $202,100.00 25 1.5-inch Water Service, Including Meter Box EA 2 $6,750.00 $13,500.00 26 2-inch Water Service, Including Meter Box EA 1 $11,500.00 $11,500.00 27 Restore Traffic Striping, Markings, and Signage LS 1 $20,000.00 $20,000.00 28 Underground Boring of Water Services (On LF 4515 $25.00 $112,875.00 Private Property)
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29 Water Service Reconnection (On Private EA 85 $1,000.00 $85,000.00 Property)
30 Type II Slurry Seal SF 40722 $0.72 $29,319.84
31 Abandonment of Water Lines, Valves, and LS 1 $108,000.00 $108,000.00 Services
Total: $2,239,239.00
Percent From Engineer's Estimate: -0.69%
West Valley Construction Co Inc
(408) 371-5510 PO Box 5639, San Jose, CA 95150
Base Bid
1 Mobilization/Demobilization LS 1 $86,000.00 $86,000.00 2 Allowance for Stanislaus County Encroachment LS 1 $2,000.00 $2,000.00 Permit
3 Water Pollution Control Plan (WPCP) LS 1 $3,050.00 $3,050.00 4 Traffic Control/Handling, Signage, and LS 1 $144,000.00 $144,000.00 Permitting
5 Shoring, Bracing, and Sheeting LS 1 $7,500.00 $7,500.00 6 Potholing LS 1 $108,000.00 $108,000.00
7 Sawcut Existing Pavement LF 3720 $3.85 $14,322.00
8 Remove Existing Pavement SF 17490 $1.75 $30,607.50
9 Remove and Replace Gravel Swale SF 92 $9.50 $874.00
10 Remove and Reconstruct Concrete Curb LF 10 $275.00 $2,750.00 11 Remove and Reconstruct Concrete Sidewalk SF 76 $80.00 $6,080.00 12 Remove and Reconstruct Stamped Concrete SF 32 $265.00 $8,480.00 Median
13 Remove and Reconstruct Existing AC Dike LF 61 $125.00 $7,625.00 14 6-inch DR18 PVC Pipe (C900) LF 160 $250.00 $40,000.00 15 8-inch DR14 PVC Pipe (C900) LF 1310 $145.00 $189,950.00 16 12-inch DR18 PVC Pipe (C900) LF 615 $180.00 $110,700.00 17 12-inch DR14 PVC Pipe (C900) LF 1635 $220.00 $359,700.00 18 6-inch Gate Valve EA 6 $3,550.00 $21,300.00
19 8-inch Gate Valve EA 7 $4,200.00 $29,400.00
20 12-inch Gate Valve EA 12 $5,800.00 $69,600.00
21 Fire Hydrant Assembly EA 6 $6,200.00 $37,200.00
22 Class II Aggregate Base CY 405 $50.00 $20,250.00
23 Hot Mix Asphalt TONS 380 $365.00 $138,700.00
24 1-inch Water Service, Including Meter Box EA 86 $3,350.00 $288,100.00 25 1.5-inch Water Service, Including Meter Box EA 2 $4,800.00 $9,600.00 26 2-inch Water Service, Including Meter Box EA 1 $13,700.00 $13,700.00 27 Restore Traffic Striping, Markings, and Signage LS 1 $38,800.00 $38,800.00 28 Underground Boring of Water Services (On LF 4515 $70.50 $318,307.50 Private Property)
29 Water Service Reconnection (On Private EA 85 $700.00 $59,500.00 Property)
30 Type II Slurry Seal SF 40722 $1.25 $50,902.50
31 Abandonment of Water Lines, Valves, and LS 1 $35,300.00 $35,300.00 Services
Total: $2,252,298.50
Percent From Engineer's Estimate: -0.11%
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Flowline Contractors, Inc.
(916) 383-7525 6560 Asher Lane, Sacramento, CA 95828
Base Bid
1 Mobilization/Demobilization LS 1 $91,682.00 $91,682.00 2 Allowance for Stanislaus County Encroachment LS 1 $2,000.00 $2,000.00 Permit
3 Water Pollution Control Plan (WPCP) LS 1 $16,275.00 $16,275.00 4 Traffic Control/Handling, Signage, and LS 1 $45,099.00 $45,099.00 Permitting
5 Shoring, Bracing, and Sheeting LS 1 $38,879.00 $38,879.00 6 Potholing LS 1 $141,500.00 $141,500.00
7 Sawcut Existing Pavement LF 3720 $7.50 $27,900.00
8 Remove Existing Pavement SF 17490 $1.75 $30,607.50
9 Remove and Replace Gravel Swale SF 92 $16.50 $1,518.00 10 Remove and Reconstruct Concrete Curb LF 10 $240.00 $2,400.00 11 Remove and Reconstruct Concrete Sidewalk SF 76 $67.00 $5,092.00 12 Remove and Reconstruct Stamped Concrete SF 32 $86.00 $2,752.00 Median
13 Remove and Reconstruct Existing AC Dike LF 61 $107.00 $6,527.00 14 6-inch DR18 PVC Pipe (C900) LF 160 $212.00 $33,920.00 15 8-inch DR14 PVC Pipe (C900) LF 1310 $161.00 $210,910.00 16 12-inch DR18 PVC Pipe (C900) LF 615 $234.00 $143,910.00 17 12-inch DR14 PVC Pipe (C900) LF 1635 $223.00 $364,605.00 18 6-inch Gate Valve EA 6 $2,655.00 $15,930.00
19 8-inch Gate Valve EA 7 $3,388.00 $23,716.00
20 12-inch Gate Valve EA 12 $5,050.00 $60,600.00
21 Fire Hydrant Assembly EA 6 $10,089.00 $60,534.00
22 Class II Aggregate Base CY 405 $111.00 $44,955.00
23 Hot Mix Asphalt TONS 380 $374.00 $142,120.00
24 1-inch Water Service, Including Meter Box EA 86 $3,792.00 $326,112.00 25 1.5-inch Water Service, Including Meter Box EA 2 $6,387.00 $12,774.00 26 2-inch Water Service, Including Meter Box EA 1 $11,726.00 $11,726.00 27 Restore Traffic Striping, Markings, and Signage LS 1 $40,998.00 $40,998.00 28 Underground Boring of Water Services (On LF 4515 $29.00 $130,935.00 Private Property)
29 Water Service Reconnection (On Private EA 85 $1,090.00 $92,650.00 Property)
30 Type II Slurry Seal SF 40722 $1.51 $61,490.22
31 Abandonment of Water Lines, Valves, and LS 1 $229,106.00 $229,106.00 Services
Total: $2,419,222.72
Percent From Engineer's Estimate: 7.29%
Argonaut Constructors, Inc.
(707) 542-4862 PO Box 639, Santa Rosa, CA 95407
Base Bid
1 Mobilization/Demobilization LS 1 $58,000.00 $58,000.00 2 Allowance for Stanislaus County Encroachment LS 1 $2,000.00 $2,000.00 Permit
3 Water Pollution Control Plan (WPCP) LS 1 $20,000.00 $20,000.00 4 Traffic Control/Handling, Signage, and LS 1 $91,000.00 $91,000.00 Permitting
5 Shoring, Bracing, and Sheeting LS 1 $9,900.00 $9,900.00 #4..
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6 Potholing LS 1 $45,000.00 $45,000.00
7 Sawcut Existing Pavement LF 3720 $3.00 $11,160.00
8 Remove Existing Pavement SF 17490 $2.50 $43,725.00
9 Remove and Replace Gravel Swale SF 92 $105.00 $9,660.00 10 Remove and Reconstruct Concrete Curb LF 10 $1,300.00 $13,000.00 11 Remove and Reconstruct Concrete Sidewalk SF 76 $500.00 $38,000.00 12 Remove and Reconstruct Stamped Concrete SF 32 $1,500.00 $48,000.00 Median
13 Remove and Reconstruct Existing AC Dike LF 61 $195.00 $11,895.00 14 6-inch DR18 PVC Pipe (C900) LF 160 $240.00 $38,400.00 15 8-inch DR14 PVC Pipe (C900) LF 1310 $240.00 $314,400.00 16 12-inch DR18 PVC Pipe (C900) LF 615 $295.00 $181,425.00 17 12-inch DR14 PVC Pipe (C900) LF 1635 $295.00 $482,325.00 18 6-inch Gate Valve EA 6 $4,000.00 $24,000.00
19 8-inch Gate Valve EA 7 $4,600.00 $32,200.00
20 12-inch Gate Valve EA 12 $6,500.00 $78,000.00
21 Fire Hydrant Assembly EA 6 $15,500.00 $93,000.00
22 Class II Aggregate Base CY 405 $195.00 $78,975.00
23 Hot Mix Asphalt TONS 380 $265.00 $100,700.00
24 1-inch Water Service, Including Meter Box EA 86 $5,500.00 $473,000.00 25 1.5-inch Water Service, Including Meter Box EA 2 $7,100.00 $14,200.00 26 2-inch Water Service, Including Meter Box EA 1 $14,500.00 $14,500.00 27 Restore Traffic Striping, Markings, and Signage LS 1 $27,000.00 $27,000.00 28 Underground Boring of Water Services (On LF 4515 $132.00 $595,980.00 Private Property)
29 Water Service Reconnection (On Private EA 85 $600.00 $51,000.00 Property)
30 Type II Slurry Seal SF 40722 $1.00 $40,722.00
31 Abandonment of Water Lines, Valves, and LS 1 $30,000.00 $30,000.00 Services
Total: $3,071,167.00
Percent From Engineer's Estimate: 36.20%
Engineer's Estimate
Base Bid
1 Mobilization/Demobilization LS 1 $50,000.00 $50,000.00 2 Allowance for Stanislaus County Encroachment LS 1 $2,000.00 $2,000.00 Permit
3 Water Pollution Control Plan (WPCP) LS 1 $10,000.00 $10,000.00 4 Traffic Control/Handling, Signage, and Permitting LS 1 $50,000.00 $50,000.00 5 Shoring, Bracing, and Sheeting LS 1 $20,000.00 $20,000.00 6 Potholing LS 1 $100,000.00 $100,000.00
7 Sawcut Existing Pavement LF 3720 $3.00 $11,160.00
8 Remove Existing Pavement SF 17490 $5.00 $87,450.00
9 Remove and Replace Gravel Swale SF 92 $10.00 $920.00
10 Remove and Reconstruct Concrete Curb LF 10 $250.00 $2,500.0000 11 Remove and Reconstruct Concrete Sidewalk SF 76 $35.00 $2,660.00 12 Remove and Reconstruct Stamped Concrete SF 32 $375.00 $12,000.00 Median
13 Remove and Reconstruct Existing AC Dike LF 61 $140.00 $8,540.00 14 6-inch DR18 PVC Pipe (C900) LF 160 $180.00 $28,800.00 15 8-inch DR14 PVC Pipe (C900) LF 1310 $150.00 $196,500.00 16 12-inch DR18 PVC Pipe (C900) LF 615 $185.00 $113,775.00 #4..
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17 12-inch DR14 PVC Pipe (C900) LF 1635 $200.00 $327,000.00 18 6-inch Gate Valve EA 6 $3,000.00 $18,000.00
19 8-inch Gate Valve EA 7 $4,000.00 $28,000.00
20 12-inch Gate Valve EA 12 $5,000.00 $60,000.00
21 Fire Hydrant Assembly EA 6 $15,000.00 $90,000.00
22 Class II Aggregate Base CY 405 $100.00 $40,500.00
23 Hot Mix Asphalt TON 380 $250.00 $95,000.00
24 1-inch Water Service, Including Meter Box EA 86 $4,000.00 $344,000.00 25 1.5-inch Water Service, Including Meter Box EA 2 $4,500.00 $9,000.00 26 2-inch Water Service, Including Meter Box EA 1 $5,700.00 $5,700.00 27 Restore Traffic Striping, Markings, and Signage LS 1 $40,000.00 $40,000.00 28 Underground Boring of Water Services (On LF 4515 $75.00 $338,625.00 Private Property)
29 Water Service Reconnection (On Private EA 85 $1,200.00 $102,000.00 Property)
30 Type II Slurry Seal SF 40722 $1.00 $40,722.00
31 Abandonment of Water Lines, Valves, and LS 1 $20,000.00 $20,000.00 Services
Total: $2,254,852.00
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ENGINEERING SUPPORT DURING CONSTRUCTION AGREEMENT
BRET HARTE NEIGHBORHOOD
STRENGTHEN AND REPLACE WATER MAINS PHASE 1B
THIS AGREEMENT, made and entered into in the City of Modesto, State of California, this ___ day of , 2025, (“Effective Date”) by and between the CITY OF MODESTO, a municipal corporation of the State of California, hereinafter referred to as "City", and SIEGFRIED ENGINEERING, a California corporation, hereinafter referred to as "Consultant".
This Agreement is made with regard to the following recitals:
A. The City has determined that Engineering Support During Construction is necessary for the Bret Harte Neighborhood Strengthen and Replace Water Mains Phase 1B Project.
B. Consultant represents that it is qualified, willing and able to provide Engineering Support During Construction for the Bret Harte Neighborhood Strengthen and Replace Water Mains Phase 1B Project.
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.
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2. TERM OF AGREEMENT.
This Agreement is effective as of the date first written above and will continue in effect until City's acceptance of and payment for all services authorized by City and performed by Consultant, unless terminated earlier in accordance with the provisions of the termination clause in this Agreement.
Consultant shall undertake and complete the preparation of the scope of work as set forth and described in the documents commonly referred to as “project” attached hereto as Exhibit "A" and made a part hereof. City hereby gives Consultant notice to proceed with the preparation of the project in the manner described in Exhibit "A", as of the Effective Date of this agreement. Consultant shall diligently proceed with the preparation of the project and agrees to complete said preparation within the time period set forth in Exhibit "A".
3. COMPENSATION.
Consultant agrees to accept a sum not to exceed TWENTY-NINE THOUSAND EIGHT HUNDRED AND 00/100 DOLLARS ($29,800) (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, #4..
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Consultant shall submit monthly invoices to City which include detailed tasks, hours worked, and billable rates for all work completed, and detailed receipts for any out-of-pocket costs paid by Consultant in connection with work performed on this project.
Additional services may be authorized by the City Manager in an amount up to, but not to exceed 10% of the agreed maximum compensation, or TWO THOUSAND NINE HUNDRED EIGHTY AND 00/100 DOLLARS ($2,980). 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 THIRTY-TWO THOUSAND SEVEN HUNDRED EIGHTY AND 00/100 DOLLARS ($32,780). 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, #4..
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prepare factual presentations, and provide professional advice and recommendations regarding this project.
5. PERFORMANCE BY KEY EMPLOYEE.
Consultant has represented to City that Adam Merrill, will be the person primarily responsible for the performance of the services referred to in this Agreement. City has entered into this Agreement in reliance on that representation by Consultant. Consultant therefore agrees that ten percent (10%) or more of the time to be devoted to the project that is the subject of this Agreement will be that of the above-named person.
6. OWNERSHIP OF DOCUMENTS/TITLE TO DATA.
Ownership of Documents
All reports, drawings, designs, graphics, working papers and other incidental work or materials furnished hereunder shall become and remain the property of the City, and may be used by City as it may require without any additional cost to City. No reports shall be used by the Consultant for purposes other than this contract without the express prior written consent of City.
Title to Data
If, as a part of the agreement, Consultant is required to produce data such as, but not limited to, drawings, plans, specifications, calculations, models, flow diagrams, visual aids and other related materials, the originals of all such data generated under this agreement will be delivered to City upon the completion or termination of services under the contract.
All materials, documents, data or information obtained from the City data files or any City medium furnished to Consultant in the performance of this Agreement will at all times remain the property of the City. Such data or information may not be used or copied for #4..
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direct or indirect use by Consultant after termination of this Agreement without written consent of the City.
7. NEWS AND INFORMATION RELEASE.
Consultant agrees that it will not issue any news releases in connection with either the award of this Agreement, or any subsequent amendment of or efforts under this Agreement, without first obtaining review and approval of said news releases from City through the City Manager.
8. INTEREST OF CONTRACTOR.
Consultant warrants that it presently has no interest and shall not acquire any interest, direct or indirect, which would conflict in any manner or degree with the performance of services required to be performed under this Agreement. Consultant warrants that, in performance of this Agreement, Consultant shall not employ any person having any such interest. Consultant agrees to file a Statement of Economic Interests with the City Clerk at the start and end of this contract if so required at the option of City.
9. AMENDMENTS.
Both parties to this Agreement understand that it may become desirable or necessary during the execution of this Agreement, for City or Consultant to modify the scope of services provided for under this Agreement. Any material extension or change in the scope of work shall be discussed with City and the change and cost shall be memorialized in a written amendment to the original contract prior to the performance of the additional work.
Until a change order is so executed, City will not be responsible to pay any charges Consultant may incur in performing such additional services, and Consultant shall not be required to perform any such additional services. #4..
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10. INDEPENDENT CONTRACTOR.
All acts of Consultant, its agents, officers, and employees and all others acting on behalf of Consultant relating to the performance of this Agreement, shall be performed as independent contractors and not as agents, officers, or employees of City. Consultant, by virtue of this Agreement, has no authority to bind or incur any obligation on behalf of City.
Consultant has no authority or responsibility to exercise any rights or power vested in the City.
No agent, officer, or employee of the City is to be considered an employee of Consultant. It is understood by both Consultant and City that this Agreement shall not under any circumstances be construed or considered to create an employer-employee relationship or a joint venture.
Consultant, its agents, officers and employees are and, at all times during the terms of this Agreement, shall represent and conduct themselves as independent contractors and not as employees of City.
Consultant shall determine the method, details and means of performing the work and services to be provided by Consultant under this Agreement. 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.
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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.
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.
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13. NOTICES.
Notice required by this Agreement shall be given in writing and shall be deemed given and effective upon receipt provided that such are delivered in accordance with the provisions of this Section. Notices shall be delivered either by: (a) personal delivery (including delivery by an overnight courier service which obtains confirmation of receipt); or (b) by facsimile, provided that such transmission is followed by delivery by an overnight courier service which obtains confirmation of receipt; or (c) postage prepaid, return receipt requested, certified mail; or (d) by electronic transmission subject to reasonable proof that the notice was both transmitted and received. Each such notice shall be sent to the parties at the address respectively set forth below or to such other address as a party may designate by written notice given in accordance with the provisions of this Section:
FOR CONSULTANT: Name: Siegfried Engineering
Address: 100 Sycamore Avenue, #100
Modesto, CA 95354
Attention: Adam Merrill
Phone: (209) 762-3580
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.
Insurance. During the term of this Agreement, Contractor shall maintain in full force and effect at its own cost and expense the insurance coverage as set forth in the attached Exhibit (C) to this Agreement and shall otherwise comply with the other provisions of #4..
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Exhibit (C) to this Agreement. The city utilizes a software program “PINS Advantage” where vendor is responsible for uploading and maintaining updated insurance.
15. TERMINATION OF AGREEMENT.
Termination by City for Default of Consultant
Should Consultant default in the performance of this Agreement or materially breach any of its provisions, at its option, City may terminate this Agreement by giving written notification to Consultant. The termination date shall be the effective date of the notice. For the purposes of this section, material breach of this Agreement shall include, but not be limited to, any of the following: failure to perform required services or duties, willful destruction of City's property by Consultant, dishonesty or theft.
Termination by City for Convenience
The City may also terminate the Consultant's performance under the Agreement, either in whole or in part, at its own discretion, or when conditions encountered during the Work make it impossible or impracticable to proceed, or when the City is prevented from proceeding with the Agreement by act of God, by law, or by official action of a public authority, or upon a determination by the City that such termination is in the best interest and convenience of the City, or whenever the City is prohibited from completing the Work for any reason. The City shall provide no less than ten (10) calendar days written notice of its intent to terminate the Agreement for convenience, and shall endeavor to provide the Consultant with consultation with the City prior to termination.
Post-Termination Procedure
Upon receipt of a written notice of termination pursuant to either of the foregoing paragraphs, the Consultant shall:
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a. Cease its work as directed in the notice of termination as of the termination date and see to it that its employees, subconsultants and agents are notified of such termination and act as specified in the notice of termination;
b. Terminate all orders and Subcontractors except as necessary to complete any portion of the Work that is not terminated; c. If directed in writing by the City to do so, assign all right, title and interest in subcontracts and materials in progress to City, in which case the City will have the right at its discretion to settle, or pay any or all claims arising out of the termination of such subconsultants, but in no event shall recovery by any Consultant or subconsultant include lost profits for portions of the Work not completed or undertaken, including materials not delivered; d. Deliver or otherwise make available to the City all data, drawings, specifications, reports, estimates, summaries and such other information and material as may have been accumulated by the Consultant in performing the Work whether completed or in process; e. Settle outstanding liabilities and claims, subject to the approval of City;
f. Complete performance of such part of the Work as has not been terminated;
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 #4..
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property related to the Work;
h. If City so requests, and at City's cost, Consultant shall provide sufficient oral or written status reports to make City reasonably aware of the status of Consultant's work on the project. i. The Consultant understands and agrees that City may, in City's sole discretion, refuse to pay Consultant for that portion of Consultant's services which were performed by Consultant on the project prior to the termination date and which remain
unacceptable and/or not useful to City as of the termination date.
City will pay Consultant an amount based on the percentage of satisfactory work completed in accordance with the notice of termination. The final payment to the Consultant after termination for convenience shall be limited to amounts due and owing under the Agreement at time of termination, including the following:
a. The cost of settling and paying valid claims arising out of the termination of the Work such as subconsultant agreements or contracts for materials;
b. The Agreement price allocable to the portion of the Work properly performed or goods supplied to the work site by the Consultant as of the date of termination, as determined in accordance with the notice of termination, reduced by any sums previously paid to the Consultant.
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Authorization to Terminate Agreement
Termination of the Agreement may be invoked by the City Manager, or his/her designee, subject to the right of the Consultant to appeal the City Manager, or his/her designee’s, decision to the City Council. The Consultant shall appeal by notifying the City Clerk in writing within ten (10) calendar days of receipt of written notification from City of termination of the Agreement. In the event that termination of this Agreement is upheld by the City Council, any cessation of payment of delay claims, extended claims, Eichleay claims, or any other claims for delay shall be retroactive to the date of termination selected by the City Manager, or his/her designee.
16. CERTIFIED PAYROLL REQUIREMENT.
For consultants performing field work on public works contracts on which prevailing wages are required: The Consultant shall comply with the provisions of Section 1776 of the California Labor Code, regarding payroll records, and shall require its subconsultants and subcontractors to comply with that section as may be required by law.
17. INDEMNITY.
The Consultant shall hold the City, its agents, officers, employees, and volunteers, harmless from and save, defend and indemnify them against any and all claims, losses, liabilities, judgments or damages from every cause, including but not limited to injury to person or property or wrongful death, including reasonable costs and expenses of defense of any judicial or administrative action, arising directly or indirectly out of any negligent or intentional act or omission of Consultant, or its agents, officers, employees, or volunteers relating to or during the performance of its obligations under this Agreement. #4..
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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 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 #4..
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Association within ninety (90) days after mailing of the written rejection by City to Consultant.
Otherwise, the claim or claims shall be deemed waived in their entirety.
The “fast track’ rules of the American Arbitration Association shall apply to any claim or counterclaim less than ONE HUNDRED FIFTY THOUSAND AND 00/100 ($150,000.00) DOLLARS. In arbitration not proceeding under the “fast track” rules, the arbitrator shall have the power to order that depositions be taken and other discovery be made.
Both City and Consultant shall have the right, upon written notice, to take no more than three (3) depositions of the other as a matter of right in an arbitration proceeding under the “fast track” rules.
Whether or not City and Consultant may be engaged in interstate commerce, any controversy or dispute mentioned above shall be determined by, and the parties shall be bound by, the substantive law of the State of California, and not the Federal Arbitration Act at 9 USC Section 1 et seq.
The arbitrator may grant any remedy or relief deemed by the arbitrator just and equitable under the circumstances, whether or not such relief could be awarded in a court of law. The arbitrator shall be empowered to award monetary sanctions against a party for failure of cooperation in the arbitration. The arbitrator shall, in written award, allocate all the costs of the arbitration, including the fees of the arbitrator and the reasonable attorney fees of the prevailing party, against the party who did not prevail. The prevailing party shall be the party in whose favor the majority of the central issues in the case are resolved.
Notwithstanding anything in this provision to the contrary, the arbitrator shall have no power to award punitive damages or other damages not measured by the party’s actual damages (excluding litigation costs and fees) against any party. This limitation of the #4..
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arbitrator’s powers under this Agreement shall not operate as an exclusion of the issue of punitive damages from this Agreement to Arbitrate sufficient to vest jurisdiction in a court with respect to that issue.
Consultant shall include in all subcontracts a specification whereby the subcontractor consents to being joined in an arbitration between City and Consultant involving the work of the subcontractor to be joined. Consultant’s failure to do so shall be a breach of this Agreement.
The parties hereby waive any rights provided by Title 9.2 of the California Code of Civil Procedure, Section 1296. The arbitrator’s award shall be deemed final, conclusive and binding to the fullest extent allowed by California law.
19. ENTIRE AGREEMENT.
This Agreement and its exhibits contain the entire understanding between Consultant and City. Additional or new terms contained in this Agreement which vary from Consultant's proposal are controlling and are deemed accepted by Consultant by shipment of any article or other commencement of performance hereunder. All previous proposals, offers and communications relative to this Agreement, whether oral or written, are hereby superseded except to the extent that they have been incorporated into this Agreement. No future waiver of or exception to any of the terms, conditions, and provisions of this Agreement shall be considered valid unless specifically agreed to in writing by all the parties.
20. PARTIAL INVALIDITY.
If any provision in this Agreement is held by a court of competent jurisdiction to be invalid, void, or unenforceable, the remaining provisions shall nevertheless continue in full force without being impaired or invalidated in any way. #4..
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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.
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.
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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. 2025- __ , adopted by the Council of the City of Modesto on the __ day of , 2025, and Siegfried Engineering has caused this agreement to be duly executed in duplicate as of the Effective Date. #4..
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Stockton San Jose Sacramento Modesto
3428 Brookside Rd. 111 N. Market St., #300 1164 National Dr. #20 100 Sycamore Ave, #100 Stockton, CA 95219 San Jose, CA 95113 Sacramento, CA 95834 Modesto, CA 95354 t: 209.943.2021 t: 408.754.2021 t: 916.520.2777 t: 209.762.3580 F:\22projects\22282 City of Modesto Bret Harte Water Line\Working Documents\Contracts and Proposals\22282 City of Modesto Water Line Design Support During Construction V1.docx October 15, 2024
Edgar Vargas
City of Modesto, Utilities Department
1010 10th Street, #2100
Modesto, CA 95354
RE: BRET HARTE NEIGHBORHOOD – WATER LINE REPLACMENT FOR CITY OF MODESTO
PROPOSAL FOR PROFESSIONAL DESIGN SERVICES
Dear Edgar;
We appreciate the opportunity to continue working on this project. The City has asked we add design support during construction to our scope therefore a task was added to account for this. We ask for our budget to be adjusted to cover the additional coordination meetings, review time and overall effort.
I. Scope of Work
Siegfried Engineering, Inc. (Siegfried) will provide civil engineering services to City of Modesto (Client) for the Bret Harte Neighborhood Water Line Replacement (Project) in Modesto, California including the following services:
Task 1 – Design Support During Construction
1. Attend pre‐construction meeting & up to six construction progress meetings.
2. Review and respond to contractor inquiries during construction, including Requests for Information (RFI).
3. Review and approve contractor submittals and shop drawings.
4. Provide on-site field support services to assist the City with engineering design & coordination of field activities. Will attend site meetings through substantial completion, as requested.
5. Prepare record drawings based on marked‐up as‐built plans provided by the contractor.
DELIVERABLES:
• Approved Submittals (PDF file)
• RFI Responses (PDF file)
• Record Drawings (Mylar hard copy, CAD & PDF files)
II. Fee Proposal
Task Description Total
1 Design Support During Construction $29,800
TOTAL ADDED FEE $29,800
If you have any questions regarding this proposal, please do not hesitate to call me directly.
Sincerely,
____________________________
Adam K. Merrill, P.E., QSD, QSP
CE 76826
SIEGFRIED
EXHIBIT A
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DESIGN.
INNOVATION.
SUCCESS.
CONTACT INFORMATION
» Stockton (corporate office)
3428 Brookside Road,
Stockton, CA 95219
t | 209.943.2021
f | 209.942.0214
» Modesto
100 Sycamore Avenue,
Suite 100
Modesto, CA 95354
t | 209.762.3580
» Sacramento
1164 National Drive,
Suite 20
Sacramento CA, 95834
t | 916.520.2777
» San Jose
111 North Market Street,
Suite 300
San Jose, CA 95113
t | 408.754.2021
Siegfried Office - Stockton, CA
Professional Classification Hourly Rate
Managing Principal ................................................................................................$280 Principal ................................................................................................................$250 Design Principal.....................................................................................................$240 Senior Associate.....................................................................................................$221 Associate ...............................................................................................................$196 Project Engineer.....................................................................................................$186 Engineer II .............................................................................................................$171 Engineer I ..............................................................................................................$152 Associate Engineer Technician ...............................................................................$194 Lab Technician ......................................................................................................$157 Project Landscape Architect...................................................................................$184 Landscape Architect II ...........................................................................................$158 Landscape Architect I ............................................................................................$132 Project Land Surveyor ............................................................................................$186 Surveyor II .............................................................................................................$169 Surveyor I ..............................................................................................................$148 Survey Crew, 2 Person ...........................................................................................$301 Survey Crew, 1 Person ...........................................................................................$199 Survey Party Chief..................................................................................................$227 Instrumentman ......................................................................................................$193 Chainmen/Rodman................................................................................................$163 BIM Manager.........................................................................................................$167 Senior Technician ..................................................................................................$148 Technician III .........................................................................................................$132 Technician II ..........................................................................................................$112 Technician I ...........................................................................................................$ 97 Expert Witness .......................................................................................................$427 Clerical ..................................................................................................................$ 86 Reimbursable Expenses
Printing, Copying, Materials, Etc...................................................................Cost + 10% Mileage..................In accordance with Federal Standard Mileage Reimbursement Rates
CHARGE RATE SCHEDULE
Notes
1. Instrumentman and Chainmen rates apply to services requiring Prevailing Wage Rates for work performed at the job site.
2. These rates are effective 8/1/2024 and are subject to periodic adjustments.
CIVIL ■ STRUCTURAL ■ GEOTECHNICAL ■ SURVEY ■ LANDSCAPE ■ PARTNERING ■ ATHLETICS 3428 Brookside Road, Stockton, CA 95219 ■ t | 209.943.2021 f | 209.942.0214 ■ siegfriedeng.com
EXHIBIT B
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1 Exhibit C:
Insurance Requirements for Professional Services
Contractor shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder and the results of that work by the Contractor, his agents, representatives, employees or subcontractors.
MINIMUM SCOPE AND LIMIT OF INSURANCE
Coverage shall be at least as broad as:
1. Commercial General Liability (CGL): Insurance Services Office Form CG 00 01 covering CGL on an “occurrence” basis, including products and completed operations, property damage, bodily injury and personal & advertising injury with limits no less than $1,000,000 per occurrence. If a general aggregate limit applies, either the general aggregate limit shall apply separately to this project/location (ISO CG 25 03 or 25 04) or the general aggregate limit shall be twice the required occurrence limit.
2. Automobile Liability: ISO Form Number CA 00 01 covering any auto (Code 1), or if Contractor has no owned autos, hired, (Code 8) and non-owned autos (Code 9), with limit no less than $1,000,000 per accident for bodily injury and property damage.
3. Workers’ Compensation: as required by the State of California, with Statutory Limits, and Employer’s Liability Insurance with limit of no less than $1,000,000 per accident for bodily injury or disease. (Not required if consultant provides written verification it has no employees)
4. Professional Liability (Errors and Omissions) Insurance appropriates to the Consultant’s profession, with limit no less than $2,000,000 per occurrence or claim, $2,000,000 aggregate.
If the contractor maintains broader coverage and/or higher limits than the minimums shown above, the City of Modesto requires and shall be entitled to the broader coverage and/or the higher limits maintained by the contractor. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the City of Modesto.
Umbrella or Excess Coverage
The Contractor may use Umbrella or Excess Policies to provide the liability limits as required in this agreement.
This form of insurance will be acceptable provided that all of the Primary and Umbrella or Excess Policies shall provide all of the insurance coverages herein required, including, but not limited to, primary and noncontributory, additional insured, Self-Insured Retentions (SIRs), indemnity, and defense requirements. The Umbrella or Excess policies shall be provided on a true “following form” or broader coverage basis, with coverage at least as broad as provided on the underlying Commercial General Liability insurance. No insurance policies maintained by the Additional Insureds, whether primary or excess, and which also apply to a loss covered hereunder, shall be called upon to contribute to a loss until the Contractor’s primary and excess liability policies are exhausted.
The insurance policies are to contain, or be endorsed to contain, the following provisions:
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2 Additional Insured Status
The City of Modesto, its officers, officials, employees, and volunteers are to be covered as additional insureds on the CGL policy with respect to liability arising out of work or operations performed by or on behalf of the Contractor including materials, parts, or equipment furnished in connection with such work or operations.
General liability coverage can be provided in the form of an endorsement to the Contractor’s insurance with coverage equal to ISO form CG 2010. If Completed Operations endorsement is required, a separate endorsement equal to ISO form CG 2037 is required.
Primary Coverage
The Additional Insured coverage under the Contractor’s policy shall be “primary and non-contributory” and will not seek contribution from the City’s insurance or self-insurance and shall be at least as broad as CG 20 01 04 13. The City of Modesto does not accept endorsements limiting the Contractor’s insurance coverage to the sole negligence of the Named Insured.
Notice of Cancellation
Each insurance policy required above shall provide that coverage shall not be canceled, except with notice to the City of Modesto.
Waiver of Subrogation
Contractor hereby grants to City of Modesto a waiver of any right to subrogation which any insurer of said Contractor may acquire against the City of Modesto by virtue of the payment of any loss under such insurance.
Contractor agrees to obtain any endorsement that may be necessary to affect this waiver of subrogation, but this provision applies regardless of whether or not the City of Modesto has received a waiver of subrogation endorsement from the insurer.
Self-Insured Retentions
All Self-insured retentions must be disclosed to Risk Management for approval and shall not reduce the limits of liability. The City of Modesto may require the Contractor to purchase coverage with a lower retention or provide proof of ability to pay losses and related investigations, claim administration, and defense expenses within the retention. Any and all deductibles and SIRs shall be the sole responsibility of Contractor or subcontractor who procured such insurance and shall not apply to the Indemnified Additional Insured Parties.
Acceptability of Insurers
Insurance is to be placed with insurers with a current A.M. Best’s rating of no less than A:VII, unless otherwise acceptable to the City of Modesto.
Claims Made Policies (applicable to Professional Liability only) If any of the required policies provide claims-made coverage:
1. The Retroactive Date must be shown and must be before the date of the contract or the beginning of contract work.
2. Insurance must be maintained, and evidence of insurance must be provided for at least five (5) years after completion of the contract of work.
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3 3. If coverage is canceled or non-renewed, and not replaced with another claims-made policy form with a Retroactive Date prior to the contract effective date, the Contractor must purchase “extended reporting” coverage for a minimum of five (5) years after completion of work.
Verification of Coverage
Contractor shall furnish the City of Modesto with original certificates and amendatory endorsements or copies of the applicable policy language effecting coverage required by this clause and a copy of the Declarations and Endorsements Pages of the CGL and any Excess policies listing all policy endorsements. All certificates and endorsements are to be received and approved by the City of Modesto Risk Services before work commences.
However, failure to obtain the required documents prior to the work beginning shall not waive the Contractor’s obligation to provide them. The City of Modesto reserves the right to require complete, certified copies of all required insurance policies, including endorsements required by these specifications, at any time. City reserves the right to obtain a full certified copy of any insurance policy and endorsements. Failure to exercise this right shall not constitute a waiver of right to exercise later.
Subcontractors
Contractors shall require and verify that all subcontractors, or other parties hired for this work, purchase and maintain coverage for indemnity and insurance requirements as least as broad as specified in this agreement to the extent they apply to the scope of the subcontractor’s work with the same certificate of insurance requirements and naming as additional insureds all parties to this contract.
Special Risks or Circumstances
City of Modesto reserves the right to modify these requirements, including limits, based on the nature of the risk, prior experience, insurer, coverage, or other special circumstances.
Certificate Holder Address
Proper address for mailing certificates, endorsements and notices shall be:
City of Modesto
Attn: Risk Management
1010 10th Street
Modesto, CA 95354
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CITY OF MODESTO
COMMITTEE AGENDA REPORT
DATE OF MEETING:
December 16, 2024
Date: October 28, 2024
TO: Finance Committee
Nick Bavaro, Chair
Rosa Escutia-Braaton, Vice-Chair
David Wright, Member
THROUGH: Joseph P. Lopez, City Manager
FROM: Brandon Gillespie, Chief of Police
DeAnna Christensen, Director of Finance
SUBJECT: Opioids Settlement Fund and Spending Plan
CONTACT: Chris Adams, Captain, [email protected], 209-572-9500 DeAnna Christensen, Director of Finance, [email protected], 209-577-5387
DESCRIPTION:
Consider establishing the creation of a new Fund to track the Opioids Settlement Proceeds and Opioids Spending Plan as defined by the State of California Department of Health Care Services (DHCS) and forwarding to Council for approval. (Funding Source: Settlement Proceeds) STRATEGIC PLAN ELEMENT:
This item advances the City of Modesto 2020-2025 Strategic Plan Area focus on quality of life under Goal A: Improve Community Safety.
BACKGROUND:
Over the last few years, the City Council authorized joining settlement agreements related to national opioid litigation, specifically two nationwide Settlements Agreements1 (Settlements), to resolve opioid litigation against the three largest pharmaceutical distributors, McKesson, Cardinal Health and Amerisource Bergen (Distributors), and one manufacturer, Janssen Pharmaceuticals, Inc. and its parent company Johnson & Johnson (collectively, Janssen). The State of California (CA) has joined both Settlements and expects to receive up to 9.92% of the national settlement funds.
The California State-Subdivision Agreements2 provide the framework for how funds from the Settlements may be distributed, allocated, and spent in California. The amount that California receives will depend on how many states and eligible cities and counties join the Settlements. 1 Distributors Settlement Agreement and Janssen Settlement Agreement - https://oag.ca.gov/opioids 2 California State Subdivision Agreement – Distributors and Janssen - https://oag.ca.gov/opioids #5..
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Finance Committee, December 16, 2024
Opioids Settlement Fund and Spending Plan
California may receive up to $1.8 billion from the Distributors Settlement to be paid over 18 years and $423 million from the Janssen Settlement to be paid over 9 years. The funds are divided in three funds: (1) the state fund 15%; (2) CA Subdivision Fund 15%; and (3) CA Abatement Accounts fund 70%.
Now, there are 5 additional distributors, Teva, Allergan, Walgreens, Walmart, and CVS (Additional Distributors) and the opportunity to participate in additional nationwide settlement agreements3 (Additional Settlement Agreements) for the Additional Distributors role in the opioid epidemic.
DISCUSSION:
With the City’s participation in these Opioids settlements, the City’s allocation % for each settlement is outlined below.
Settlement
Percentage of CA
Subdivision Funds
Allocated to Modesto
Allergan 0.179 %
CVS 0.179 %
Distributor 0.179 %
Janssen 0.179 %
Teva 0.179 %
Walgreens 0.179 %
Walmart 0.179 %
The Department of Health Care Services (DHCS) is tasked with overseeing Participating Subdivisions that receive funds from the opioid settlements with McKesson, Cardinal Health and AmerisourceBergen (collectively, the Distributors); Janssen; Teva; Allergan; and pharmacies Walmart, Walgreens, and CVS (Collectively, the Pharmacies). Annually, by September 30th, participating subdivisions are required to submit a report to the DHCS detailing the total funds that have been expended and received by settlement type. 4 Defined Spending Plan:
To allocate the Opioid Settlement funding effectively, extensive research has been conducted to explore options for enhancing current services and introducing new programming. The funding must be used within specific categories, including providing treatment to vulnerable populations, such as the unhoused.
The Modesto Police Department (MPD) has made significant strides in supporting the homeless community through programs like the Community Health and Assistance Team (CHAT), the Park Ranger program, and Homeless Engagement and Response Team (HEART) Officers. CHAT’s primary responsibility is to engage directly with the unhoused population and connect them to services to help lift them out of homelessness. However, common barriers, such as substance abuse and limited access to services, continue to challenge these efforts. Addressing this gap is critical, and after extensive consideration, the department is proposing to embed a Substance 3 Additional Distributor Settlement Agreements and State Subdivision Agreements - https://oag.ca.gov/opioids 4 Additional Settlement Agreement Spending Guidelines - https://www.dhcs.ca.gov/provgovpart/Pages/Allowable-Expenditures.aspx #5..
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Finance Committee, December 16, 2024
Opioids Settlement Fund and Spending Plan
Use Disorder (SUD) Counselor and a Case Manager within the CHAT team to provide immediate support and expand current service capabilities.
The addition of a dedicated SUD Counselor within CHAT will allow MPD to offer direct substance abuse counseling and treatment planning to the homeless population in the city. This approach mirrors the model currently used by Stanislaus County’s Community Assessment Response and Engagement (CARE) team, where a SUD Counselor, through a Memorandum of Understanding (MOU) with the Center for Human Services, brings services to people where they are most needed. This model has proven effective in other settings, and the Center for Human Services has expressed their willingness to partner with us to establish a similar arrangement for CHAT, providing both logistical and management support. Additionally, adding a Case Manager will allow for better facilitation of direct connections to critical services for our vulnerable community members. The Case Manager will assist with scheduling, guiding, and transportation to appointments, reducing the logistical burden on CHAT staff and allowing them to prioritize proactive outreach and calls for service. This service would also be available with an MOU with Center for Human Services.
In the first year, MPD aims to implement both the SUD Counselor and Case Manager positions.
Following this initial period, the department will assess the impact of these roles and consider whether additional staffing may be beneficial based on program outcomes and identified needs.
To support the ongoing safety and effectiveness of CHAT’s field operations, a portion of the funding will also be allocated for essential equipment, such as sharps containers, test kits, and gloves. This plan provides a targeted, impactful approach to addressing substance abuse within our homeless population, strengthening CHAT’s capacity to deliver meaningful support directly to those most in need and directly addressing addiction within our community.
The total annual cost of the SUD Counselor and Case Manager is approximately $273,077. The estimated cost annually for additional supplies would be $25,000. Staff will bring forward Memorandums of Understanding to the committee and Council once they have been agreed upon by both the Center for Human Services and the City of Modesto.
FISCAL IMPACT:
Multi-year non-capital projects will be established to track the total settlement proceeds that have been received and how the funds are spent. The current and projected settlement amounts to be received are outlined below.
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Finance Committee, December 16, 2024
Opioids Settlement Fund and Spending Plan
Settlement
Type
Proceeds
Received as of
Fiscal Year (FY)
2024-2025
$ Future
Settlement
Amounts to Be
Received
Total
Settlement
Amount
Date of Final
Settlement
Payment
Allergan $ 87,924 $ 216,127 $ 304,051 July, 2029
CVS $ 91,144 $ 613,288 $ 704,432 July, 2032
Distributor $ 544,526 $ 1,988,767 $ 2,533,293 July, 2038 Janssen $ 333,655 $ 290,570 $ 624,225 June. 2031
Teva $ 79,967 $ 433,014 $ 512,981 July, 2035
Walgreens $ 99,508 $ 677,365 $ 776,873 January, 2037
Walmart $ 376,253 $ 24,274 $ 400,527 August, 2028
Total $ 1,612,977 $ 4,243,405 $ 5,856,382
In addition to settlements that are monitored by the DHCS, additional opioid litigation has been brought against other pharmaceutical companies and involved parties (Mallinckrodt Pharmaceuticals5, Endo Health Solutions6, McKinsey & Company7). With the City’s participation in these Opioids settlements, the City has received the amounts outlined below.
Settlement Type Amount Received
Mallinckrodt $ 42,681
Endo $ 32,268
McKinsey $ 40,376
Total $ 115,325
RECOMMENDED COMMITTEE ACTION:
Staff Recommendations:
Motion recommending the creation of a new Fund, 1890 – Opioid Settlements Fund, to track the Opioids Settlement Proceeds and Opioids Spending Plan as defined by the State of California Department of Health Care Services (DHCS) and forwarding to Council for approval.
Motion recommending amending the Fiscal Year 2024-2025 Multi-Year Operating Budget to establish projects for the Opioids Spending Plan based upon the settlement amounts listed above and forwarding to Council for approval.
5 Additional Mallinckrodt Pharmaceuticals Settlement Agreement - https://www.nationalopioidabatementtrust.com/Mallinckrodt/Index 6 Additional Endo Health Solutions Settlement Agreement - https://www.justice.gov/opa/pr/opioid-manufacturer-endo-healthsolutions-inc-agrees-global-resolution-criminal-and-civil 7 Additional McKinsey & Company Settlement Agreement - https://mckinseytppsettlement.com/Home/CourtDocs #5..
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Finance Committee, December 16, 2024
Opioids Settlement Fund and Spending Plan
Approved by: _________________________________________
Bradon Gillespie, Chief of Police
_____
DeAnna Christensen, Director of Finance
Joseph P. Lopez, City Manager
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