Safety and Communities Committee
June 9, 2025

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www.modestogov.com
AGENDA
City of Modesto

SAFETY AND COMMUNITIES COMMITTEE

COUNCIL WORKSHOP
2001-40 Del Puerto Room.

Tenth Street Place, 1010 10th Street
Modesto, California
Monday, June 09, 2025 at 4:00 PM
Roll Call: Jeremiah Williams, Chair
Chris Ricci, Vice-Chair
Rosa Escutia-Braaton, Member
Alternates: Eric Alvarez, Nick Bavaro, David Wright, Sue Zwahlen Council has not delegated directive or final approval authority to the Committees.

Committee actions are recommendations to the full City Council, not final decisions on an issue. * Public Comment will only be in-person. Members of the public who wish to address the Committee, by providing public comment, during the meeting must do so in-person in the 2001-40 Del Puerto Room. As an alternative, members of the public may also provide written public comment submitted via email as indicated in the Submitting Comments by Email instructions on this agenda. Zoom will still be available for viewing and Wordly translation. *Members of the public will be allowed to provide public comment through Zoom if a Committee Member is participating remotely pursuant to the provisions of Assembly Bill 2449. *Effective March 1, 2023, if a technical issue arises with Zoom or the phone dial-in option, the Committee meeting will continue unless the meeting is being held pursuant to the provisions of Assembly Bill 2449. Alternative viewing options are listed below and the meeting is physically open to the public.
“Wordly” can translate into 25+ different languages! To access written translation during the meeting, please scan the QR Code or click this link https://attend.wordly.ai/join/RJDY-6364.
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"Wordly" puede traducir a más de 25 idiomas diferentes! Para acceder a la traducción durante la reunión, por favor escanee el código QR o haga clic en el enlace https://attend.wordly.ai/join/RJDY-6364.

You may observe a livestream of the meeting at http://media.modestogov.com. You may also view or listen to the meeting as indicated below.

THE MEETING CAN BE VIEWED BY ZOOM VIDEO

CONFERENCING OR TELEPHONE
Joining the Committee meeting via Zoom
The City of Modesto is now offering the ability to view Committee meetings via telephonic conferencing via “Zoom” video conferencing computer technology. The meeting may be accessed through the use of Zoom using the following options:
 Enter the following link into an Internet Browser
https://us02web.zoom.us/j/95895497651
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To use Zoom, please visit: https://zoom.us/ and either sign-up for a free Zoom account or continue as a guest. Once you have downloaded the app onto your mobile device, joined from your web browser, or downloaded the Zoom software on your computer you will be ready for the upcoming Committee meeting.

Joining the Committee meeting via Telephone
If you don’t have a smart phone or computer to access the meeting via Zoom, you can listen by phone, by calling 1-877-853-5257 (Toll Free) or 1-888-475-4499 (Toll Free) and enter the Webinar ID: 958 9549 7651 Passcode: 84326

PUBLIC COMMENTS IN PERSON
Three-minute time limit per speaker.

Only interested persons in the audience may present these matters. Under State law, Committee Members may respond to matters being presented under this item only as follows:
a. Briefly respond to statements made or questions raised. b. Ask a question for clarification.
c. Provide a reference to staff or other resources for factual information. d. Request staff to report back at a subsequent meeting. e. Finally, a Committee Member or the Committee itself may take action to direct staff to place a matter of business on a future agenda.

SUBMITTING COMMENTS BY E-MAIL
Written comments may be submitted via email to: [email protected] (include Agenda Item Number in the subject line). All comments will be shared with the - 2 -
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Committee Members and placed in the record but will not be read aloud during the meeting.

Written comments must be received two hours before the meeting.

This Agenda is on file in the City Clerk’s Office, Sixth Floor, 10th Street Place, Posting Board at entry of 10th Street Place, and is available on the City’s Web site at www.modestogov.com.

Materials related to an item on this Agenda submitted to the Council after distribution of the agenda packet are available for public inspection in the Clerk’s office during normal business hours. Such documents are also available online, subject to staff’s ability to post the documents before the meeting, at the following website www.modestogov.com/councilmeetings In accordance with the requirements of Title II of the Americans with Disabilities Act (“ADA”) of 1990, the Fair Employment & Housing Act (“FEHA”), the Rehabilitation Act of 1973 (as amended), Government Code section 11135 and other applicable codes, the City of Modesto (“City”) will not discriminate against individuals on the basis of disability in the City’s services, programs, or activities. For more information, please visit the City of Modesto website at https://www.modestogov.com/865/Americans-with-Disabilities-Act-ADA In compliance with the Americans with Disabilities Act, if you need special assistance to participate in this meeting, please contact the City Clerk (209) 577-5396. Notification 48 hours prior to the meeting will enable the City to make reasonable arrangements to ensure accessibility to this meeting
Any and all of the following agenda items are subject to action by the Modesto City Council.

UNFINISHED BUSINESS

1. Consider the Plans and Specifications for Dr. Martin Luther King, Jr. Park Renovation Project, accepting the Bid and Awarding a Construction Contract to Harris Builders, Inc. of Hilmar, CA., for a total payment amount not to exceed $11,875,792; consider an Agreement with TRC Engineering, Inc. of Lathrop, CA, for Construction Management and Inspection Services for a total amount not to exceed $1,042,319; and consider a First Amendment to the Agreement with Callander Associates Landscape Architecture, Inc. of Gold River, CA, increasing the Agreement amount by $20,000 and forwarding to Council for approval. (Funding Source: Various Funds)  Motion recommending the approval of the Plans and Specifications for the Dr.

Martin Luther King, Jr. Park Renovation Project, accepting the Bid and Awarding a Construction Contract to Harris Builders, Inc., of Hilmar, CA, in the amount of $10,996,103, authorizing $879,689, in contingency (if needed), for a total payment amount not to exceed $11,875,792, and forwarding to Council for approval.
 Motion recommending the approval of an Agreement with TRC Engineering, Inc, of Lathrop, CA, for Construction Management and Inspection Services for the Dr. Martin Luther King, Jr. Park Renovation Project in the amount of - 3 -
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$947,563, plus $94,756 in additional services, if needed, for a total amount not to exceed $1,042,319, and forwarding to Council for approval.  Motion recommending a First Amendment to the Agreement with Callander Associates Landscape Architecture, Inc., of Gold River, CA, for Additional Design Support during the Construction Phase of the Project for the Dr. Martin Luther King Jr. Park Renovation Project, increasing the Agreement amount by $20,000, to a new total amount not to exceed $704,927, plus $68,492 in additional services, if needed, for a total amount not to exceed $773,419 and forwarding to Council for approval.

ENGINEERING SERVICES; Nathan Houx, 209-571-5526, [email protected]

NEW BUSINESS

2. Consider the Agreement for the Design and Development of 9th & I Street to Alta Planning and Design, Inc., Oakland CA for a total amount not to exceed $3,597,937 and forwarding to Council for approval. (Funding Source: Measure L)  Motion recommending an Agreement for the Design and Development of 9th & I Street to Alta Planning and Design, Inc., Oakland, CA for a total amount not to exceed $3,597,937 and forwarding to Council for approval.

CED; Edgar Garcia, 209-577-5211, [email protected]

ADJOURNMENT
Posted pursuant to Government Code Section 54954.2 on the bulletin board at Tenth Street Place on at by
date time signature
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CITY OF MODESTO

COMMITTEE AGENDA REPORT
DATE OF MEETING:

June 9, 2025
Date: May 21, 2025
TO: Safety and Communities Committee
Jeremiah Williams, Chair
Chris Ricci, Vice-Chair
Rosa Escutia-Braaton, Member
THROUGH: Joseph P. Lopez, City Manager
FROM: Toby Wells, Director of Engineering Services/City Engineer SUBJECT: Award of Construction for Dr. Martin Luther King, Jr. Park Renovation Project CONTACT: Nathan Houx, Parks Planning and Development Manager, [email protected], 209-571-5526
DESCRIPTION:

Consider the Plans and Specifications for Dr. Martin Luther King, Jr. Park Renovation Project, accepting the Bid and Awarding a Construction Contract to Harris Builders, Inc. of Hilmar, CA., for a total payment amount not to exceed $11,875,792; consider an Agreement with TRC Engineering, Inc. of Lathrop, CA, for Construction Management and Inspection Services for a total amount not to exceed $1,042,319; and consider a First Amendment to the Agreement with Callander Associates Landscape Architecture, Inc. of Gold River, CA, increasing the Agreement amount by $20,000 and forwarding to Council for approval. (Funding Source: Various Funds) STRATEGIC PLAN ELEMENT:

This item is consistent with the following 2025-2026 Strategic Plan Area of Focus: Quality of Life.

BACKGROUND:

Dr. Martin Luther King, Jr. Park, formally known as Mellis Park, is an approximately 9-acre City owned park site located in the heart of a diverse urban community in West Modesto. Within Dr.

Martin Luther King, Jr. Park is the existing King-Kennedy Memorial Center which has been open and available for public use since 1969. The Center includes an auditorium, commercial kitchen, offices and meeting room. Existing recreation amenities at the park include a school age playground, tot lot playground, basketball courts, barbeque pavilion, horseshoe pit and baseball fields.

In 2019, through a series of public meetings, the community aided in the development of a new Concept Master Plan for the Dr. Martin Luther King, Jr. Park. On December 9, 2021, the #1..
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Award of Construction for Dr. Martin Luther King, Jr. Park Renovation Project

Concept Master Plan was awarded $8,500,000 of Proposition 68 – California Statewide Park Program, Round 4 Funding for professional design consultant activities and construction.

On May 2, 2023, by Council Resolution 2023-199, Council approved a Design Agreement with Callander Associates Landscape Architecture, Inc., for the preparation of the construction documentation for this project, for an amount not to exceed $753,419.

The Dr. Martin Luther King, Jr. Park Renovation Project is a complete re-design of the existing park site and will include: a gymnasium addition with an indoor basketball court, outdoor fitness stations, splash pad, game board tables, ping pong table, outdoor stage with a events plaza, baseball field, soccer field, basketball court, accessible exercise walking path, benches, prefabricated restroom building, water efficient irrigation system, native and drought tolerant landscaping, storm water control methods, overall improved park lighting & security cameras, and new accessible parking lots for use during community events.

DISCUSSION:

The project was advertised for bids on February 26, 2025, on OpenGov. Bids were publicly opened on April 15, 2025, pursuant to City Charter Section 1307, and three bids were received.

Harris Builders, Inc., of Hilmar, CA., was determined to be the responsible bidder with the lowest responsive bid. The bid tabulation is attached, and a summary of the bids is below:

The bid analysis is:

Number of bids received 3
Number of bids within 10% of engineer’s estimate 2
Number of bids above the engineer’s estimate 1
Number of bids below the engineer’s estimate 2
Percent low bid is below the engineer’s estimate 13.31% Harris Builders, Inc., of Hilmar, CA, was 13.31% below the engineer’s estimate. The next lowest bid was 1.59% below the engineer’s estimate. The highest bid was 1.36% above the engineer’s estimate.

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. The award of contract for the construction of the Dr. Martin Luther King, Jr. Park Renovation Project, to Harris Builders, Inc., of Hilmar, CA, conforms to the Modesto Municipal Code because the City complied with the formal bid procedures and Harris Builders, Inc., was the lowest responsive and responsible bidder.

The City’s “Change Order Approval Policy” enacted by Council Resolution No. 1994-443 on July 19, 1994, revised on July 9, 2019, by Council Resolution No. 2019-326, and revised a second time on September 12, 2023, by Council Resolution No. 2023-405, established a contract change order authority of 8% for construction contracts over $10,000,000. Staff is requesting the Engineering Services Director’s Authority to issue change orders of 8% ($879,689) of the construction contract amount.

While the contingency policy is utilized for each construction contract awarded by the City, it is not written into each contract, nor is it a guaranteed amount included in the final compensation #1..
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Award of Construction for Dr. Martin Luther King, Jr. Park Renovation Project

to the contractor. Prior to bidding a project, staff works diligently to ensure that all projects and bid packages contain well-defined scopes of work and that all projects stay within budget.

Considering the size and complexity of the project, staff recommends utilizing consultants to provide Construction Management and Inspection Services for this project. In accordance with City’s Administrative Directive 3.1 “Selection Procedures for Professional Consultants Who Provide Architectural and Engineering Services for Capital Projects”, an RFP was initiated. On March 10, 2025, a Request for Proposals (RFP) was issued for the Dr. Martin Luther King, Jr.

Park Renovation Project on OpenGov and staff received proposals from two firms. The proposals were evaluated by City staff, and TRC Engineers, Inc. was selected as the most qualified firm for the project.

Staff is recommending approval of an agreement with TRC Engineers, Inc., of Lathrop, CA, in the amount of $947,563, plus $94,756 in additional services (if needed), for a total amount not to exceed $1,042,319.

In April 2025 staff requested Callander Associates Landscape Architecture, Inc., of Gold River, CA, to submit a budget augmentation request for additional tasks exceeding the $753,419 authorized in the Original Agreement for design of the Dr. Martin Luther King, Jr. Park Renovation Project. The estimated additional tasks resulted in increased costs, totaling $20,000 and will allow for the continued support from Callander Associates Landscape Architecture, Inc., of Gold River, CA, during the construction phase of the project.

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(f), “Where the Purchasing Manager, in his or her discretion, determines that it is appropriate to amend the services or goods provided under an existing agreement to include additional similar goods or services, of limited quantity or scope, in order to increase efficiency and avoid delays or disruptions to City projects or services.”
FISCAL IMPACT:

Funding for this project is budgeted in Capital Improvement Program (CIP) account #101382 (Dr. MLK Jr Park Renovation). As part of the Fiscal Year 2025-2026 Budget Adoption, scheduled for City Council consideration on June 3, 2025, an additional $7,870,000 of Measure H funds will be allocated to this project. The revenue in the project exceeds the expense budget due to the construction bid being well below the Engineer’s Estimate. The project’s revenue and expense budget are outlined below:

Funding Sources
Proposition 68 Funding $ 8,500,000
Community Development Block Grant Funding (CDBG) $ 350,000 Measure H (approved as part of the FY25-26 Budget) $ 7,870,000 Total Funding $ 16,720,000
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Award of Construction for Dr. Martin Luther King, Jr. Park Renovation Project

Project Budget
Construction $ 10,996,103
Construction Contingency (8%) $ 879,689
Construction Management & Inspections Services $ 947,563 Construction Management & Inspections Services Contingency $ 94,756 Construction Administration – City Staff (1%) $ 109,963 Bid/Design Support During Construction (1.5%) $ 164,942 Engineering/Design/Admin (previously spent/committed) $ 850,000 Total Cost $ 14,043,016
The surplus project budget will be amended by a future budget amendment to address other projects.

CEQA/NEPA REQUIREMENTS:

Staff has prepared a Statement of Categorical Exemption No. EA/PRN 2019-03 for Dr. Martin Luther King, Jr. Park Renovation and the project is exempt from CEQA due to the fact that it is a reconstruction of existing or similar facilities within the same area and for the same purpose with minimal expansion of use compared to the existing park.

RECOMMENDED COMMITTEE ACTION:

Staff Recommendations:

Motion recommending the approval of the Plans and Specifications for the Dr. Martin Luther King, Jr. Park Renovation Project, accepting the Bid and Awarding a Construction Contract to Harris Builders, Inc., of Hilmar, CA, in the amount of $10,996,103, authorizing $879,689, in contingency (if needed), for a total payment amount not to exceed $11,875,792, and forwarding to Council for approval.

Motion recommending the approval of an Agreement with TRC Engineering, Inc, of Lathrop, CA, for Construction Management and Inspection Services for the Dr. Martin Luther King, Jr. Park Renovation Project in the amount of $947,563, plus $94,756 in additional services, if needed, for a total amount not to exceed $1,042,319, and forwarding to Council for approval.

Motion recommending a First Amendment to the Agreement with Callander Associates Landscape Architecture, Inc., of Gold River, CA, for Additional Design Support during the Construction Phase of the Project for the Dr. Martin Luther King Jr. Park Renovation Project, increasing the Agreement amount by $20,000, to a new total amount not to exceed $704,927, plus $68,492 in additional services, if needed, for a total amount not to exceed $773,419 and forwarding to Council for approval.

Approved by:

Toby Wells, Director of Engineering/City Engineer
Joseph P. Lopez, City Manager
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Award of Construction for Dr. Martin Luther King, Jr. Park Renovation Project

Attachments:

1. Construction Contract – Harris Builders, Inc.

2. Financial Interest Disclosure Form – Harris Builders, Inc.

3. Construction Bid Results

4. Construction Management & Inspection Services Agreement – TRC Engineering, Inc.

5. Financial Interest Disclosure Form – TRC Engineering, Inc.

6. Levine Act Form - TRC Engineering

7. First Amendment to Agreement with Callander

8. Original Agreement with Callander

9. Levine Act Form – Callander
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-1- City of Modesto
Dr. Martin Luther King Jr. Park Renovation

CONTRACT
This Agreement, made and entered into in the City of Modesto, County of Stanislaus, State of California, this 24th day of June, 2025, by and between the City of Modesto, a municipal corporation of the State of California, hereinafter called City, and HARRIS BUILDERS, INC., a California Corporation, hereinafter called Contractor, R E C I T A L S :

WHEREAS, the City Manager of the City of Modesto, authorized the call for bids, approved the Plans and Specifications prepared under the direction of the Director of Engineering Services Department for the DR. MARTIN LUTHER KING JR. PARK RENOVATION project and directed the City Clerk to advertise for sealed bids for doing said work and providing that bids be submitted on the 15th day of April, 2025; and WHEREAS, the City Clerk, thereafter duly and regularly caused a notice to be published in the manner and for the time prescribed by law; and WHEREAS, Contractor, pursuant to the provisions of said notice duly filed a bid with the City Clerk, a true copy of which is now on file in the office of the City Clerk of the City of Modesto, and is hereby referred to and by this reference made a part hereof as fully as if set forth at length herein; and
WHEREAS, all bids received pursuant to said notice were opened and examined and publicly declared at the time specified in said advertisement for bids and at a regular meeting of the City Council held on the 24th day of June, 2025 by Resolution 2025-____ the Council found and declared the bid of Contractor to be the lowest responsive bid and thereupon awarded a Contract to Contractor to do the Work referred to in the aforementioned Plans and Specifications.
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Dr. Martin Luther King Jr. Park Renovation
NOW, THEREFORE, the parties hereto mutually agree as follows:

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

MARTIN LUTHER KING JR. PARK RENOVATION, City of Modesto, Engineering Services Department, Project Number 2025-21, and in strict accordance with the conditions of the complete Contract Documents. All incidental Work not included in the Contract Documents or specified herein which is necessary to complete the Work so as to provide the system described, or shown, shall be furnished and installed as part of this Agreement at no additional cost to the City. The Work shall be complete and ready for service as described in the Contract Documents to the satisfaction of the Director of Engineering Services. b. Contractor shall do and perform the Work contemplated hereby in a good and workmanlike manner under the direction of and to the satisfaction of the Director of Engineering Services of the City of Modesto.
c. Contractor shall do and perform the Work contemplated hereby and shall furnish all labor, materials, tools and equipment therefore at the prices herein specified to, wit:

CONTRACTOR’S BID
Item
No.

Item
Description
Unit of
Measure
Estimated
Quantity
Unit Price
(Figures)
Total Price
(Figures)

BASE BID

1. Mobilization and Demobilization
(Max 5% of Total Base Bid)
LS 1 $245,650.59 $245,650.59

2. Stormwater Pollution and
Prevention Plan (SWPPP)
LS 1 $24,000.00 $24,000.00

3. Temporary Construction Fencing LF 2,332 $7.56 $17,629.92

4. Traffic Control LS 1 $6,500.00 $6,500.00
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Dr. Martin Luther King Jr. Park Renovation
Item
No.

Item
Description
Unit of
Measure
Estimated
Quantity
Unit Price
(Figures)
Total Price
(Figures)

5. Demolition LS 1 $451,730.00 $451,730.00

6. Electrical LS 1 $1,311,295.00 $1,311,295.00

7. Adjust Existing Electrical
Connection
LS 1 $20,000.00 $20,000.00

8. Site Grading LS 1 $285,301.00 $285,301.00

9. Erosion Control Measures LS 1 $47,836.00 $47,836.00

10. Tree Removal LS 1 $36,630.00 $36,630.00

11. Tree Protection LS 1 $10,800.00 $10,800.00

12. 5" A.B. & 3" A.C. SF 11,615 $7.18 $83,395.70

13. 5" A.B. & 3.5" A.C. SF 7,698 $7.10 $54,655.80

14. Driveway Approach SF 650 $20.16 $13,104.00

15. 6" Concrete Curb and Gutter LF 76 $84.00 $6,384.00

16. 6" Vertical Concrete Curb LF 1,041 $56.00 $58,296.00

17. 4" Vertical Concrete Curb LF 103 $56.00 $5,768.00

18. 4- 1/2" Drive Over Concrete Curb LF 20 $84.00 $1,680.00

19. 48" Concrete Valley Gutter LF 223 $67.20 $14,985.60

20. ADA Ramp (Labor Only) All
Cases
EA 3 $4,928.00 $14,784.00

21. Truncated Domes SF 36 $28.00 $1,008.00

22. Parking Lot Striping LS 1 $28,600.00 $28,600.00

23. Parking Wheel Stops EA 4 $112.00 $448.00

24. Parking Lot Signage EA 5 $672.00 $3,360.00

25. Pedestrian Concrete Pavement SF 15,598 $11.59 $180,780.82

26. Pedestrian Concrete Pavement,
Special Finish
SF 214 $14.07 $3,010.98

27. Vehicular Concrete Pavement SF 25,463 $13.61 $346,551.43

28. Vehicular Concrete Pavement,
Special Finish
SF 6,095 $16.63 $101,359.85

29. Splash Pad Pavement SF 710 $58.24 $41,350.40

30. 6" Concrete Mowband LF 100 $39.20 $3,920.00

31. 12" Concrete Mowband LF 1,120 $47.00 $52,640.00

32. Non-Stabilized Decomposed
Granite
SF 325 $5.57 $1,810.25
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Dr. Martin Luther King Jr. Park Renovation
Item
No.

Item
Description
Unit of
Measure
Estimated
Quantity
Unit Price
(Figures)
Total Price
(Figures)

33. Stabilized Decomposed Granite
Paving (Vehicular)
SF 1,815 $6.05 $10,980.75

34. Rubber Surfacing SF 630 $23.59 $14,861.70

35. Play Area Wood Fiber CY 393 $75.04 $29,490.72

36. Play Area Ramp EA 2 $5,040.00 $10,080.00

37. Sports Court Pavement SF 4,200 $14.80 $62,160.00

38. Sports Court Pavement without
Surfacing
SF 2,400 $15.46 $37,104.00

39. Sports Court Curb LF 226 $56.00 $12,656.00

40. Fitness Area Curb LF 100 $44.80 $4,480.00

41. 8' Ornamental Metal Fence LF 26 $601.44 $15,637.44

42. Ornamental Metal Gate, 4' wide EA 2 $10,969.28 $21,938.56

43. Vehicular Pipe Gate EA 1 $12,340.16 $12,340.16

44. Relocated Site Signage LS 1 $1,600.00 $1,600.00

45. Splash Pad Equipment LS 1 $372,191.00 $372,191.00

46. Bench EA 8 $2,335.62 $18,684.96

47. Picnic Table EA 3 $1,661.33 $4,983.99

48. ADA Picnic Table EA 4 $1,624.00 $6,496.00

49. Trash Receptacle EA 8 $2,902.34 $23,218.72

50. Recycle Receptacle EA 8 $3,019.66 $24,157.28

51. Barbeque Unit EA 2 $1,658.16 $3,316.32

52. Game Table EA 1 $5,704.16 $5,704.16

53. ADA Game Table EA 1 $6,300.00 $6,300.00

54. Table Tennis EA 1 $13,488.16 $13,488.16

55. Bike Rack EA 2 $1,220.80 $2,441.60

56. Players Bench EA 2 $1,692.32 $3,384.64

57. Basketball Standard EA 2 $7,953.34 $15,906.68

58. Fitness Equipment LS 1 $51,641.00 $51,641.00

59. Removable Bollard EA 3 $2,277.33 $6,831.99

60. Relocated Flag Pole and
Monument
EA 1 $7,504.00 $7,504.00
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Dr. Martin Luther King Jr. Park Renovation
Item
No.

Item
Description
Unit of
Measure
Estimated
Quantity
Unit Price
(Figures)
Total Price
(Figures)

61. Trash Enclosure LS 1 $139,608.00 $139,608.00

62. Bike Locker EA 2 $11,178.16 $22,356.32

63. Planting Irrigation LS 1 $308,850.08 $308,850.08

64. Landscape Soil Preparation LS 1 $100,800.00 $100,800.00

65. Turf From Seed SF 150,591 $0.34 $51,200.94

66. 1 Gallon Shrub EA 1,197 $14.04 $16,805.88

67. 15 Gallon Tree EA 55 $117.09 $6,439.95

68. Bark Mulch SF 130,860 $0.50 $65,430.00

69. Root Barrier LF 1,380 $7.30 $10,074.00

70. Landscape Maintenance LS 1 $28,000.00 $28,000.00

71. Contech Catch Basin (2 Cartridge) EA 2 $39,760.00 $79,520.00

72. Contech Catch Basin (1 Cartridge) EA 1 $15,680.00 $15,680.00

73. 48" Storm Drain Manhole EA 4 $6,916.00 $27,664.00

74. 24" French Drain Storage LF 403 $324.80 $130,894.40

75. French Drain Access EA 4 $3,472.00 $13,888.00

76. Catch Basin EA 14 $3,892.00 $54,488.00
77 Landscape Area Drain EA 3 $1,120.00 $3,360.00

78. 4" Roof Drain LF 22 $97.44 $2,143.68

79. 6" Roof Drain LF 40 $28.00 $1,120.00

80. 8" Storm Drain LF 260 $50.40 $13,104.00

81. 12" Storm Drain LF 927 $54.88 $50,873.76

82. Adjust Existing Drywell Manhole
to Grade
EA 2 $896.00 $1,792.00

83. Convert Existing Drain Inlet to
Junction Box
EA 1 $4,256.00 $4,256.00

84. 4" Sanitary Sewer Line LF 166 $67.20 $11,155.20

85. 6" Sanitary Sewer Line LF 232 $58.24 $13,511.68

86. Sewer Cleanouts EA 4 $210.00 $840.00

87. Connect to Existing Manhole EA 2 $728.00 $1,456.00

88. Connect to Existing Sewer Main EA 1 $1,064.00 $1,064.00

89. Drain Inlets for Splash Pad EA 2 $2,240.00 $4,480.00 #1..
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-6- City of Modesto
Dr. Martin Luther King Jr. Park Renovation
Item
No.

Item
Description
Unit of
Measure
Estimated
Quantity
Unit Price
(Figures)
Total Price
(Figures)

90. Floor Drain for Trash Enclosure EA 1 $2,352.00 $2,352.00

91. Trench Patch Vine Street LF 20 $145.60 $2,912.00

92. 8" PVC - C-900 DR 14 LF 245 $140.00 $34,300.00

93. 6" PVC - C-900 DR 14 LF 106 $75.04 $7,954.24

94. 3" PVC - Water for Bathroom and
Splash Pad
LF 167 $69.44 $11,596.48

95. 2.5" PVC - Water for Gymnasium LF 146 $50.40 $7,358.40

96. Connect to Existing Water Main EA 1 $8,064.00 $8,064.00

97. 8" Gate Valve EA 1 $4,144.00 $4,144.00

98. 6" Gate Valve EA 2 $3,192.00 $6,384.00

99. 8" Double Check Valve EA 1 $27,692.00 $27,692.00
100. Fire Hydrant and Bury EA 1 $7,504.00 $7,504.00
101. Trench Patch Street LF 20 $145.60 $2,912.00
SUBTOTAL BASE BID $5,578,874.18
BID ALTERNATE NO. 1 – COMMUNITY CENTER
1001. 12" Concrete Mowband LF -48 $44.80 -$2,150.40
1002. Planting Irrigation LS -1 $4,443.04 -$4,443.04
1003. Turf from Seed SF -13,255 $0.52 -$6,892.60
1004. Site Electrical (Deduct) LS -1 $555,816.80 -$555,816.80 1005. Dr. Martin Luther King Jr.

Community Center Building
LS 1 $4,253,391.52 $4,253,391.52
1006. Demolition LS 1 $7,604.80 $7,604.80
1007. Site Electrical LS 1 $46,194.40 $46,194.40
1008. 27' 6" Wide Ornamental Vehicular
Gate
EA 2 $17,929.52 $35,859.04
1009. Pedestrian Concrete Pavement SF 1,240 $11.20 $13,888.00 1010. Vehicular Concrete Pavement SF 220 $12.10 $2,662.00 1011. Vehicular Concrete Pavement,
Special Finish
SF 150 $14.78 $2,217.00
1012. 8' Ornamental Metal Fence LF 150 $264.32 $39,648.00 1013. 8' Ornamental Metal Fence on
Mowband
LF 123 $260.12 $31,994.76
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-7- City of Modesto
Dr. Martin Luther King Jr. Park Renovation
Item
No.

Item
Description
Unit of
Measure
Estimated
Quantity
Unit Price
(Figures)
Total Price
(Figures)
1014. Ornamental Metal Gate EA 4 $10,922.80 $43,691.20
1015. Planting Irrigation LS 1 $2,105.60 $2,105.60
1016. 15 Gallon Tree EA 10 $297.81 $2,978.10
1017. 1 Gallon Shrub EA 124 $23.73 $2,942.52
1018. Bark Mulch SF 6,700 $0.80 $5,360.00
1019. Root Barrier LF 60 $34.35 $2,061.00
1020. 4" Roof Drain LF 18 $53.76 $967.68
1021. 6" Roof Drain LF 129 $20.16 $2,600.64
1022. Storm Drain Cleanouts EA 2 $672.00 $1,344.00
1023. 6" PVC - C-900 DR 14 LF 250 $67.20 $16,800.00
1024. 6" Single Check Valve with FDC EA 1 $14,560.00 $14,560.00 SUBTOTAL BID ALTERNATE NO. 1 $3,959,567.42
BID ALTERNATE NO. 2 – RESTROOM BUILDING
2001. Bark Mulch SF -703 $0.67 -$471.01
2002. Electrical LS 1 $69,193.60 $69,193.60
2003. Pedestrian Concrete Pavement SF 290 $10.30 $2,987.00 2004. Vehicular Concrete Pavement SF 180 $12.10 $2,178.00 2005. Pre-Fabricated Restroom Building LS 1 $279,580.00 $279,580.00 2006. 4" Sanitary Sewer Line LF 4 $134.40 $537.60
2007. 1" PVC - Water for Bathroom LF 4 $68.32 $273.28
TOTAL BID ALTERNATE NO. 2 $354,278.47
BID ALTERNATE NO. 3 – FITNESS STATION
3001. Demolition LS 1 $7,929.60 $7,929.60
3002. Rubber Surfacing SF 450 $23.59 $10,615.50
3003. Fitness Area Curb LF 100 $44.80 $4,480.00
3004. Fitness Equipment LS 1 $57,837.92 $57,837.92
SUBTOTAL BID ALTERNATE NO. 3 $80,863.02
BID ALTERNATE NO. 4 – BASEBALL FIELD AND SOUTH PARKING LOT 4001. Vehicular Concrete Pavement LF -200 $27.02 -$5,404.00 4002. 12" Concrete Mowband LF -65 $28.00 -$1,820.00
4003. Planting Irrigation LS -1 $3,230.08 -$3,230.08
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-8- City of Modesto
Dr. Martin Luther King Jr. Park Renovation
Item
No.

Item
Description
Unit of
Measure
Estimated
Quantity
Unit Price
(Figures)
Total Price
(Figures)
4004. Turf from Seed SF -19,570 $0.35 -$6,849.50
4005. Bark Mulch SF -1,750 $11.66 -$20,405.00
4006. Tree Removal LS 1 $8,870.40 $8,870.40
4007. Electrical LS 1 $83,272.00 $83,272.00
4008. Traffic Control LS 1 $2,016.00 $2,016.00
4009. Site Grading LS 1 $150,122.56 $150,122.56
4010. 5" A.B. & 3" A.C. SF 12,044 $7.09 $85,391.96
4011. Driveway Approach SF 486 $17.24 $8,378.64
4012. 6" Vertical Concrete Curb LF 698 $48.14 $33,601.72 4013. 48" Concrete Valley Gutter LF 230 $67.20 $15,456.00 4014. Truncated Domes SF 60 $26.88 $1,612.80
4015. Contech Catch Basin (2 Cartridge) EA 1 $24,640.00 $24,640.00 4016. ADA Ramp (Labor Only) All
Cases
EA 5 $3,584.00 $17,920.00
4017. Parking Lot Striping LS 1 $10,976.00 $10,976.00
4018. Parking Lot Wheel Stops EA 2 $112.00 $224.00
4019. Parking Lot Signage EA 4 $672.00 $2,688.00
4020. Pedestrian Concrete Pavement EA 1,870 $10.30 $19,261.00 4021. 8' Chain Link Fence on Mowband LF 257 $129.64 $33,317.48 4022. Dugout EA 2 $16,694.16 $33,388.32
4023. Backstop LS 1 $39,891.04 $39,891.04
4024. Bases, Home Plate, Pitching
Rubber
LS 1 $1,710.24 $1,710.24
4025. Infield Mix SF 13,900 $3.65 $50,735.00
4026. Players Bench EA 2 $1,587.04 $3,174.08
4027. Bat Rack EA 2 $1,236.48 $2,472.96
4028. Drinking Fountain EA 1 $21,458.08 $21,458.08
4029. Planting Irrigation LS 1 $3,405.92 $3,405.92
4030. 1 Gallon Shrubs EA 65 $17.16 $1,115.40
4031. 15 Gallon Trees EA 4 $257.60 $1,030.40
4032. Root Barriers LF 40 $20.36 $814.40
4033. 12" Storm Drain LF 25 $99.68 $2,492.00
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-9- City of Modesto
Dr. Martin Luther King Jr. Park Renovation
Item
No.

Item
Description
Unit of
Measure
Estimated
Quantity
Unit Price
(Figures)
Total Price
(Figures)
4034. 48" Storm Drain Manhole EA 1 $6,916.00 $6,916.00
4035. 24" French Drain Storage LF 150 $324.80 $48,720.00 4036. French Drain Access EA 2 $3,472.00 $6,944.00
4037. 1" PVC - Water for Drinking
Fountain
LF 40 $33.60 $1,344.00
SUBTOTAL BID ALTERNATE NO. 4 $685,651.82
BID ALTERNATE NO. 6 – RAISED STAGE AND SHADE SHELTER
6001. Pedestrian Concrete Pavement SF -60 $11.20 -$672.00 6002. 6" Concrete Mowband LF -12 $28.00 -$336.00
6003. Turf from Seed SF -120 $0.24 -$28.80
6004. Bark Mulch SF -230 $0.28 -$64.40
6005. Electrical LS 1 $13,150.00 $13,150.00
6006. Site Grading LS 1 $0.00 $0.00
6007. Concrete Steps LS 1 $26,000.00 $26,000.00
6008. Stage Ramp LS 1 $12,000.00 $12,000.00
6009. Stage Seating Step LS 1 $8,500.00 $8,500.00
6010. Stage Retaining Curb LF 110 $76.36 $8,399.60
6011. Stage Shade Shelter LS 1 $131,250.00 $131,250.00
SUBTOTAL BID ALTERNATE NO. 6 $198,198.40
BID ALTERNATE NO. 7 – EV CHARGING STATION EQUIPMENT
7001. Electrical LS 1 $22,150.00 $22,150.00
SUBTOTAL BID ALTERNATE NO. 7 $22,150.00
BID ALTERNATE NO. 8 – DECOMPOSED GRANITE AT FRONTAGE PLANTING 8001. Bark Mulch SF -17,735 $0.67 -$11,882.45
8002. Stabilized Decomposed Granite
Paving (Pedestrian)
SF 7,870 $5.71 $44,937.70
8003. Non-Stabilized Decomposed
Granite
SF 5,130 $5.57 $28,574.10
8004. Decomposed Granite Transition SF 4,735 $5.88 $27,841.80 8005. 6" Concrete Mowband LF 690 $39.20 $27,048.00
SUBTOTAL BID ALTERNATE NO. 8 $116,519.15
TOTAL BASE BID AND BID ALTERNATES 1, 2, 3, 4, 6, 7, & 8 $10,996,102.46 #1..
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-10- City of Modesto
Dr. Martin Luther King Jr. Park Renovation

2. CONTRACT DOCUMENTS. The complete Agreement between the parties consists of the documents listed below, including any addenda to these documents. The documents are complementary and provide for a complete work; if a discrepancy exists, the governing rank of the documents is set forth, in descending order:
a. Executed and signed, written Agreement;
b. Section 008000 Amendments and Supplements to the General Provisions c. All other sections of the Project Specifications;
d. Project Plans;
e. City Standard Details; current edition
f. City Standard Specifications; current edition
g. Revised State Standard Specifications;
h. State Standard Specifications;
i. Revised State Standard Plans;
j. State Standard Plans; and
k. All required Bonds.

All documents specified above are intended to operate so that any component of the Work called for in one and not mentioned in any other, or vice versa, is to be executed the same as if mentioned in all of the documents. The listed documents comprise the Contract Documents.

3. COMMENCEMENT AND COMPLETION OF THE WORK. The Work
contemplated herein shall be commenced on the date specified in the Notice to Proceed for this Agreement. Completion of the work shall comply with the Specification. The Notice to Proceed shall not be issued until the Director of Engineering Services receives and has on file:
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-11- City of Modesto
Dr. Martin Luther King Jr. Park Renovation
a. Proofs of insurance (approved by City Risk Manager), b. Bonds (approved by the City Attorney),
c. City of Modesto Business License, and
d. Executed Agreement.

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

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

5. INDEMNITY. The Contractor shall hold the City, its agents, officers, employees, and volunteers, harmless from and save, defend and indemnify them against any and all claims, losses, liabilities, judgments or damages from every cause, including but not limited to injury to person or property or wrongful death, including reasonable costs and expenses of defense of any judicial or administrative action, arising directly or indirectly out of any negligent or intentional act or omission of Contractor, or its agents, officers, employees, or volunteers relating to or during the performance of its obligations under this Agreement. This provision does not apply to claims, loss, liability, damage or expense arising from (a) the sole negligence or willful misconduct of the City, or (b) the active negligence of the City.

Contractor's obligation to defend, indemnify, and hold the City, its agents, officers, and employees harmless under the provisions of this paragraph is not limited to or restricted by any requirement in this Agreement for Contractor to procure and maintain a policy of insurance.
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-12- City of Modesto
Dr. Martin Luther King Jr. Park Renovation

6. 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 Exhibit A, attached hereto and incorporated herein, and shall otherwise comply with the other provisions of Exhibit A. Contractor is responsible for uploading updated insurance documentation to the City’s “PINS Advantage” program.
a. Subcontractors
Contractor shall require and verify that all subcontractors maintain insurance as required by Exhibit A for the duration of the project and through acceptance by City Council.

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

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

9. TERMINATION OF AGREEMENT.

Termination by City for Default of Contractor
Should Contractor default in the performance of this Agreement or materially breach any of its provisions, at its option, City may terminate this Agreement by giving written notification to Contractor. The termination date shall be the effective date of the notice. For the purposes of this section, material breach of this Agreement shall include, but not be limited to, any of the following: failure to perform required services or duties, willful destruction of City's property by Contractor, dishonesty or theft. Such termination shall be in accordance with the Contract Documents.

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

The Contractor understands and agrees that City may, in City's sole #1..
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-14- City of Modesto
Dr. Martin Luther King Jr. Park Renovation
discretion, refuse to pay Contractor for that portion of Contractor's services which were performed by Contractor on the project prior to the termination date and which remain unacceptable and/or not useful to City as of the termination date.

Termination by City for Convenience
The City may terminate the Contractor's performance under the Agreement, either in whole or in part, at its own discretion or when conditions encountered during the Work make it impossible or impracticable to proceed, or when the City is prevented from proceeding with the Agreement by act of God, by law, or by official action of a public authority, or upon a determination that such termination is in the best interest and convenience of the City, or whenever the City is prohibited from completing the Work for any reason. The City shall provide no less than ten (10) days written notice of its intent to terminate the Agreement for convenience, and shall endeavor to provide the Contractor with consultation with the City prior to termination.

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

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

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

3. If directed in writing by the City to do so, assign all right, title and interest in subcontracts and materials in progress #1..
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-15- City of Modesto
Dr. Martin Luther King Jr. Park Renovation
to City, in which case the City will have the right at its discretion to settle, or pay any or all claims arising out of the termination of such subcontractors, but in no event shall recovery by any Contractor or subcontractor include lost profits for portions of the Work not completed or
undertaken, including materials not delivered;

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

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

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

7. Take such other actions as may be necessary, or as may be directed by the City for the protection and preservation of the Work and/or property related to the Work;

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

B. City will pay Contractor an amount based on the percentage of work completed in accordance with the Notice of Termination. The final payment to the #1..
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-16- City of Modesto
Dr. Martin Luther King Jr. Park Renovation
Contractor after termination for convenience shall be limited to amounts due and owing under the Agreement at time of termination, including the following:

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

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

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

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

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

Authorization to Terminate Agreement
Termination of the Agreement may be invoked by the City Manager, or his/her designee, subject to the right of the Contractor to appeal the City Manager, or his/her designee’s, decision to the City Council. The Contractor shall appeal by notifying the City Clerk in writing within ten (10) business days of receipt of notification from City to terminate the Agreement. In the event that termination of this Agreement is upheld by the City Council, any #1..
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-17- City of Modesto
Dr. Martin Luther King Jr. Park Renovation
valid claims for delay shall be retroactive to the date of termination selected by the City Manager, or his/her designee.

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

Contractor: Harris Builders, Inc.

Attn: Craig Harris, President
18736 Bloss Avenue
Hilmar, CA 95324
Phone (209) 664-9486, Fax (209) 667-0738
City: City of Modesto
Director of Engineering Services
P.O. Box 642
Modesto, CA 95353
Phone (209) 577-5444, Fax (209) 577-4302
Each party may change its address for delivery of notice by delivering written notice of such change of address to the other party.

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

12. EXECUTION OF AGREEMENT. The undersigned signatory(ies) for Contractor warrant(s) and represent(s) that he/she/they is/are legally competent to execute the Agreement and has/have full authority to execute this Agreement. #1..
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-18- City of Modesto
Dr. Martin Luther King Jr. Park Renovation

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

14. MISCELLANEOUS. Time is of the essence of this Agreement. #1..
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City of Modesto
Exhibit A -1 Dr. Martin Luther King Jr. Park Renovation Exhibit A:

Insurance Requirements for Construction Contracts
Contractor shall procure and maintain for the duration of the contract, and for 5 years thereafter, 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, their 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 $5,000,000 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: Insurance Services Office Form CA 0001 covering Code 1 (any auto), with limits no less than $5,000,000 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.

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

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

6. Contractors’ Pollution Legal Liability and/or Asbestos Legal Liability and/or Errors and Omissions (if project involves environmental hazards) with limits no less than $2,000,000 per occurrence or claim and $2,000,000 policy aggregate is required.

If the contractor maintains broader coverage and/or higher limits than the minimums shown above, the City 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. #1..
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City of Modesto
Exhibit A -2 Dr. Martin Luther King Jr. Park Renovation 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 non-contributory, 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:

Additional Insured Status
The City, its officers, officials, employees, agents, 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. For completed operations, 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 noncontributory” 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.

Builder’s Risk (Course of Construction) Insurance
Contractor may submit evidence of Builder’s Risk insurance in the form of Course of Construction coverage. Such coverage shall name the Entity as a loss payee as their interest may appear. If the project does not involve new or major reconstruction, at the option of the Entity, an Installation Floater may be acceptable. For such projects, a Property Installation Floater shall be obtained that provides for the improvement, remodel, modification, alteration, conversion or adjustment to existing buildings, structures, processes, machinery and equipment. The Property Installation Floater shall provide property damage coverage for any building, structure, machinery or equipment damaged, impaired, broken, or destroyed during the performance of the Work, including during transit, installation, and testing at the Entity’s site. #1..
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City of Modesto
Exhibit A -3 Dr. Martin Luther King Jr. Park Renovation Claims Made Policies

If any coverage required is written on a claims-made coverage form:

1. The retroactive date must be shown, and this date must be before the execution date of the 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 contract work.

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

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

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

Notice of Cancellation
Each insurance policy required above shall provide that coverage shall not be canceled, except with notice to the City.

Waiver of Subrogation
Contractor hereby grants to City a waiver of any right to subrogation which any insurer of said Contractor may acquire against the City 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 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 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. #1..
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City of Modesto
Exhibit A -4 Dr. Martin Luther King Jr. Park Renovation 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.

Verification of Coverage
Contractor shall furnish the City 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’s Risk Manager 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 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.

Duration of Coverage
CGL & Excess liability policies for any construction related work, including, but not limited to, maintenance, service, or repair work, shall continue coverage for a minimum of 5 years for Completed Operations liability coverage. Such Insurance must be maintained and evidence of insurance must be provided for at least five (5) years after completion of the contract of work.

Special Risks or Circumstances
City 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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Dr. Martin Luther King Jr. Park Renovation
Bid Tabulation Wednesday, April 30, 2025
Project Title: Dr. Martin Luther King Jr. Park Renovation Project ID #: 2025-21
Vault ID #: 19-D-0392
Account #: 101382
Bid Opening: 4/15/2025 at 11:00 AM Designer: Callandar Associates Basis of Award: Base Bid, Bid Alt 1, Bid Alt 2, Bid Alt 3 Design Manager: Jason Ortega Bid Alt 4, Bid Alt 6, Bid Alt 7, Bid Alt 8
Project Description: Renovation of park includes construction of new gym building, softball field, backstop, events plaza with stage, walking path, fitness station, splash pad, soccer field, outdoor basketball court, game table, restroom, picnic tables, benches, parking area, security lighting, landscaping, security cameras.

Item # Item Description Units Quantity Unit Price Extension Apparent Low Bidder
Harris Builders, Inc.
(209) 664-9486, Fax (209) 667-0738 18736 Bloss Avenue, Hilmar, CA, 95324 Base Bid

1. Mobilization and Demobilization LS 1 $245,650.59 $245,650.59 (Max 5% of Total Base Bid)

2. Stormwater Pollution and Prevention Plan LS 1 $24,000.00 $24,000.00 (SWPPP)

3. Temporary Construction Fencing LF 2,332 $7.56 $17,629.92

4. Traffic Control LS 1 $6,500.00 $6,500.00

5. Demolition LS 1 $451,730.00 $451,730.00

6. Electrical LS 1 $1,311,295.00 $1,311,295.00

7. Adjust Existing Electrical Connection LS 1 $20,000.00 $20,000.00

8. Site Grading LS 1 $285,301.00 $285,301.00

9. Erosion Control Measures LS 1 $47,836.00 $47,836.00

10. Tree Removal LS 1 $36,630.00 $36,630.00

11. Tree Protection LS 1 $10,800.00 $10,800.00

12. 5" A.B. & 3" A.C. SF 11,615 $7.18 $83,395.70

13. 5" A.B. & 3.5" A.C. SF 7,698 $7.10 $54,655.80

14. Driveway Approach SF 650 $20.16 $13,104.00

15. 6" Concrete Curb and Gutter LF 76 $84.00 $6,384.00

16. 6" Vertical Concrete Curb LF 1,041 $56.00 $58,296.00

17. 4" Vertical Concrete Curb LF 103 $56.00 $5,768.00

18. 4- 1/2" Drive Over Concrete Curb LF 20 $84.00 $1,680.00

19. 48" Concrete Valley Gutter LF 223 $67.20 $14,985.60

20. ADA Ramp (Labor Only) All Cases EA 3 $4,928.00 $14,784.00

21. Truncated Domes SF 36 $28.00 $1,008.00

22. Parking Lot Striping LS 1 $28,600.00 $28,600.00

23. Parking Wheel Stops EA 4 $112.00 $448.00

24. Parking Lot Signage EA 5 $672.00 $3,360.00

25. Pedestrian Concrete Pavement SF 15,598 $11.59 $180,780.82

26. Pedestrian Concrete Pavement, Special SF 214 $14.07 $3,010.98 Finish

27. Vehicular Concrete Pavement SF 25,463 $13.61 $346,551.43

28. Vehicular Concrete Pavement, Special Finish SF 6,095 $16.63 $101,359.85

29. Splash Pad Pavement SF 710 $58.24 $41,350.40

30. 6" Concrete Mowband LF 100 $39.20 $3,920.00

31. 12" Concrete Mowband LF 1,120 $47.00 $52,640.00
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Dr. Martin Luther King Jr. Park Renovation
Item # Item Description Units Quantity Unit Price Extension

32. Non-Stabilized Decomposed Granite SF 325 $5.57 $1,810.25

33. Stabilized Decomposed Granite Paving SF 1,815 $6.05 $10,980.75 (Vehicular)

34. Rubber Surfacing SF 630 $23.59 $14,861.70

35. Play Area Wood Fiber CY 393 $75.04 $29,490.72

36. Play Area Ramp EA 2 $5,040.00 $10,080.00

37. Sports Court Pavement SF 4,200 $14.80 $62,160.00

38. Sports Court Pavement without Surfacing SF 2,400 $15.46 $37,104.00

39. Sports Court Curb LF 226 $56.00 $12,656.00

40. Fitness Area Curb LF 100 $44.80 $4,480.00

41. 8' Ornamental Metal Fence LF 26 $601.44 $15,637.44

42. Ornamental Metal Gate, 4' wide EA 2 $10,969.28 $21,938.56

43. Vehicular Pipe Gate EA 1 $12,340.16 $12,340.16

44. Relocated Site Signage LS 1 $1,600.00 $1,600.00

45. Splash Pad Equipment LS 1 $372,191.00 $372,191.00

46. Bench EA 8 $2,335.62 $18,684.96

47. Picnic Table EA 3 $1,661.33 $4,983.99

48. ADA Picnic Table EA 4 $1,624.00 $6,496.00

49. Trash Receptacle EA 8 $2,902.34 $23,218.72

50. Recycle Receptacle EA 8 $3,019.66 $24,157.28

51. Barbeque Unit EA 2 $1,658.16 $3,316.32

52. Game Table EA 1 $5,704.16 $5,704.16

53. ADA Game Table EA 1 $6,300.00 $6,300.00

54. Table Tennis EA 1 $13,488.16 $13,488.16

55. Bike Rack EA 2 $1,220.80 $2,441.60

56. Players Bench EA 2 $1,692.32 $3,384.64

57. Basketball Standard EA 2 $7,953.34 $15,906.68

58. Fitness Equipment LS 1 $51,641.00 $51,641.00

59. Removable Bollard EA 3 $2,277.33 $6,831.99

60. Relocated Flag Pole and Monument EA 1 $7,504.00 $7,504.00

61. Trash Enclosure LS 1 $139,608.00 $139,608.00

62. Bike Locker EA 2 $11,178.16 $22,356.32

63. Planting Irrigation LS 1 $308,850.08 $308,850.08

64. Landscape Soil Preparation LS 1 $100,800.00 $100,800.00

65. Turf From Seed SF 150,591 $0.34 $51,200.94

66. 1 Gallon Shrub EA 1,197 $14.04 $16,805.88

67. 15 Gallon Tree EA 55 $117.09 $6,439.95

68. Bark Mulch SF 130,860 $0.50 $65,430.00

69. Root Barrier LF 1,380 $7.30 $10,074.00

70. Landscape Maintenance LS 1 $28,000.00 $28,000.00

71. Contech Catch Basin (2 Cartridge) EA 2 $39,760.00 $79,520.00

72. Contech Catch Basin (1 Cartridge) EA 1 $15,680.00 $15,680.00

73. 48" Storm Drain Manhole EA 4 $6,916.00 $27,664.00

74. 24" French Drain Storage LF 403 $324.80 $130,894.40

75. French Drain Access EA 4 $3,472.00 $13,888.00

76. Catch Basin EA 14 $3,892.00 $54,488.00
77 Landscape Area Drain EA 3 $1,120.00 $3,360.00

78. 4" Roof Drain LF 22 $97.44 $2,143.68

79. 6" Roof Drain LF 40 $28.00 $1,120.00

80. 8" Storm Drain LF 260 $50.40 $13,104.00

81. 12" Storm Drain LF 927 $54.88 $50,873.76

82. Adjust Existing Drywell Manhole to Grade EA 2 $896.00 $1,792.00

83. Convert Existing Drain Inlet to Junction Box EA 1 $4,256.00 $4,256.00 #1..
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Dr. Martin Luther King Jr. Park Renovation
Item # Item Description Units Quantity Unit Price Extension

84. 4" Sanitary Sewer Line LF 166 $67.20 $11,155.20

85. 6" Sanitary Sewer Line LF 232 $58.24 $13,511.68

86. Sewer Cleanouts EA 4 $210.00 $840.00

87. Connect to Existing Manhole EA 2 $728.00 $1,456.00

88. Connect to Existing Sewer Main EA 1 $1,064.00 $1,064.00

89. Drain Inlets for Splash Pad EA 2 $2,240.00 $4,480.00

90. Floor Drain for Trash Enclosure EA 1 $2,352.00 $2,352.00

91. Trench Patch Vine Street LF 20 $145.60 $2,912.00

92. 8" PVC - C-900 DR 14 LF 245 $140.00 $34,300.00

93. 6" PVC - C-900 DR 14 LF 106 $75.04 $7,954.24

94. 3" PVC - Water For bathroom and splash pad LF 167 $69.44 $11,596.48

95. 2.5" PVC - Water for Gymnasium LF 146 $50.40 $7,358.40

96. Connect to Existing Water Main EA 1 $8,064.00 $8,064.00

97. 8" Gate Valve EA 1 $4,144.00 $4,144.00

98. 6" Gate Valve EA 2 $3,192.00 $6,384.00

99. 8" Double Check Valve EA 1 $27,692.00 $27,692.00
100. Fire Hydrant and Bury EA 1 $7,504.00 $7,504.00
101. Trench Patch Street LF 20 $145.60 $2,912.00
Subtotal: $5,578,874.18
Bid Alternate 1 – Community Center
1001. 12" Concrete Mowband LF -48 $44.80 ($2,150.40)
1002. Planting Irrigation LS -1 $4,443.04 ($4,443.04)
1003. Turf from Seed SF -13,255 $0.52 ($6,892.60)
1004. Site Electrical (Deduct) LS -1 $555,816.80 ($555,816.80) 1005. Dr. Martin Luther King Jr. Community LS 1 $4,253,391.52 $4,253,391.52 Center Building
1006. Demolition LS 1 $7,604.80 $7,604.80
1007. Site Electrical LS 1 $46,194.40 $46,194.40
1008. 27' 6" Wide Ornamental Vehicular Gate EA 2 $17,929.52 $35,859.04 1009. Pedestrian Concrete Pavement SF 1,240 $11.20 $13,888.00 1010. Vehicular Concrete Pavement SF 220 $12.10 $2,662.00 1011. Vehicular Concrete Pavement, Special SF 150 $14.78 $2,217.00 Finish
1012. 8' Ornamental Metal Fence LF 150 $264.32 $39,648.00 1013. 8' Ornamental Metal Fence on Mowband LF 123 $260.12 $31,994.76 1014. Ornamental Metal Gate EA 4 $10,922.80 $43,691.20
1015. Planting Irrigation LS 1 $2,105.60 $2,105.60
1016. 15 Gallon Tree EA 10 $297.81 $2,978.10
1017. 1 Gallon Shrub EA 124 $23.73 $2,942.52
1018. Bark Mulch SF 6,700 $0.80 $5,360.00
1019. Root Barrier LF 60 $34.35 $2,061.00
1020. 4" Roof Drain LF 18 $53.76 $967.68
1021. 6" Roof Drain LF 129 $20.16 $2,600.64
1022. Storm Drain Cleanouts EA 2 $672.00 $1,344.00
1023. 6" PVC - C-900 DR 14 LF 250 $67.20 $16,800.00
1024. 6" Single Check Valve with FDC EA 1 $14,560.00 $14,560.00 Subtotal: $3,959,567.42
Bid Alternate 2 – Restroom Building
2001. Bark Mulch SF -703 $0.67 ($471.01)
2002. Electrical LS 1 $69,193.60 $69,193.60
2003. Pedestrian Concrete Pavement SF 290 $10.30 $2,987.00 2004. Vehicular Concrete Pavement SF 180 $12.10 $2,178.00 2005. Pre-Fabricated Restroom Building LS 1 $279,580.00 $279,580.00 2006. 4" Sanitary Sewer Line LF 4 $134.40 $537.60
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Dr. Martin Luther King Jr. Park Renovation
Item # Item Description Units Quantity Unit Price Extension 2007. 1" PVC - Water for Bathroom LF 4 $68.32 $273.28
Subtotal: $354,278.47
Bid Alternate 3 – Fitness Station
3001. Demolition LS 1 $7,929.60 $7,929.60
3002. Rubber Surfacing SF 450 $23.59 $10,615.50
3003. Fitness Area Curb LF 100 $44.80 $4,480.00
3004. Fitness Equipment LS 1 $57,837.92 $57,837.92
Subtotal: $80,863.02
Bid Alternate 4 – Baseball Field and South Parking Lot
4001. Vehicular Concrete Pavement LF -200 $27.02 ($5,404.00) 4002. 12" Concrete Mowband LF -65 $28.00 ($1,820.00)
4003. Planting Irrigation LS -1 $3,230.08 ($3,230.08)
4004. Turf from Seed SF -19,570 $0.35 ($6,849.50)
4005. Bark Mulch SF -1,750 $11.66 ($20,405.00)
4006. Tree Removal LS 1 $8,870.40 $8,870.40
4007. Electrical LS 1 $83,272.00 $83,272.00
4008. Traffic Control LS 1 $2,016.00 $2,016.00
4009. Site Grading LS 1 $150,122.56 $150,122.56
4010. 5" A.B. & 3" A.C. SF 12,044 $7.09 $85,391.96
4011. Driveway Approach SF 486 $17.24 $8,378.64
4012. 6" Vertical Concrete Curb LF 698 $48.14 $33,601.72 4013. 48" Concrete Valley Gutter LF 230 $67.20 $15,456.00 4014. Truncated Domes SF 60 $26.88 $1,612.80
4015. Contech Catch Basin (2 Cartridge) EA 1 $24,640.00 $24,640.00 4016. ADA Ramp (Labor Only) All Cases EA 5 $3,584.00 $17,920.00 4017. Parking Lot Striping LS 1 $10,976.00 $10,976.00
4018. Parking Lot Wheel Stops EA 2 $112.00 $224.00
4019. Parking Lot Signage EA 4 $672.00 $2,688.00
4020. Pedestrian Concrete Pavement EA 1,870 $10.30 $19,261.00 4021. 8' Chain Link Fence on Mowband LF 257 $129.64 $33,317.48 4022. Dugout EA 2 $16,694.16 $33,388.32
4023. Backstop LS 1 $39,891.04 $39,891.04
4024. Bases, Home Plate, Pitching Rubber LS 1 $1,710.24 $1,710.24 4025. Infield Mix SF 13,900 $3.65 $50,735.00
4026. Players Bench EA 2 $1,587.04 $3,174.08
4027. Bat Rack EA 2 $1,236.48 $2,472.96
4028. Drinking Fountain EA 1 $21,458.08 $21,458.08
4029. Planting Irrigation LS 1 $3,405.92 $3,405.92
4030. 1 Gallon Shrubs EA 65 $17.16 $1,115.40
4031. 15 Gallon Trees EA 4 $257.60 $1,030.40
4032. Root Barriers LF 40 $20.36 $814.40
4033. 12" Storm Drain LF 25 $99.68 $2,492.00
4034. 48" Storm Drain Manhole EA 1 $6,916.00 $6,916.00
4035. 24" French Drain Storage LF 150 $324.80 $48,720.00 4036. French Drain Access EA 2 $3,472.00 $6,944.00
4037. 1" PVC - Water for Drinking Fountain LF 40 $33.60 $1,344.00 Subtotal: $685,651.82
Bid Alternate 6 – Raised Stage and Shade Shelter
6001. Pedestrian Concrete Pavement SF -60 $11.20 ($672.00) 6002. 6" Concrete Mowband LF -12 $28.00 ($336.00)
6003. Turf from Seed SF -120 $0.24 ($28.80)
6004. Bark Mulch SF -230 $0.28 ($64.40)
6005. Electrical LS 1 $13,150.00 $13,150.00
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Dr. Martin Luther King Jr. Park Renovation
Item # Item Description Units Quantity Unit Price Extension 6006. Site Grading LS 1 $0.00 $0.00
6007. Concrete Steps LS 1 $26,000.00 $26,000.00
6008. Stage Ramp LS 1 $12,000.00 $12,000.00
6009. Stage Seating Step LS 1 $8,500.00 $8,500.00
6010. Stage Retaining Curb LF 110 $76.36 $8,399.60
6011. Stage Shade Shelter LS 1 $131,250.00 $131,250.00
Subtotal: $198,198.40
Bid Alternate 7 – EV Charging Station Equipment
7001. Electrical LS 1 $22,150.00 $22,150.00
Subtotal: $22,150.00
Bid Alternate 8 – Decomposed Granite at Frontage Planting 8001. Bark Mulch SF -17,735 $0.67 ($11,882.45)
8002. Stabilized Decomposed Granite Paving SF 7,870 $5.71 $44,937.70 (Pedestrian)
8003. Non-Stabilized Decomposed Granite SF 5,130 $5.57 $28,574.10 8004. Decomposed Granite Transition SF 4,735 $5.88 $27,841.80 8005. 6" Concrete Mowband LF 690 $39.20 $27,048.00
Subtotal: $116,519.15
Total: $10,996,102.46
Percent From Engineer's Estimate: -13.31%
Diede Construction Inc.
(209) 369-8255 P.O. Box 1007, Woodbridge, CA, 95258-1007 Base Bid

1. Mobilization and Demobilization LS 1 $132,000.00 $132,000.00 (Max 5% of Total Base Bid)

2. Stormwater Pollution and Prevention Plan LS 1 $13,200.00 $13,200.00 (SWPPP)

3. Temporary Construction Fencing LF 2,332 $8.91 $20,778.12

4. Traffic Control LS 1 $0.00 $0.00

5. Demolition LS 1 $101,640.00 $101,640.00

6. Electrical LS 1 $283,777.56 $283,777.56

7. Adjust Existing Electrical Connection LS 1 $1,730,909.40 $1,730,909.40

8. Site Grading LS 1 $376,597.32 $376,597.32

9. Erosion Control Measures LS 1 $63,143.52 $63,143.52

10. Tree Removal LS 1 $39,600.00 $39,600.00

11. Tree Protection LS 1 $13,200.00 $13,200.00

12. 5" A.B. & 3" A.C. SF 11,615 $8.47 $98,379.05

13. 5" A.B. & 3.5" A.C. SF 7,698 $8.37 $64,432.26

14. Driveway Approach SF 650 $25.74 $16,731.00

15. 6" Concrete Curb and Gutter LF 76 $125.40 $9,530.40

16. 6" Vertical Concrete Curb LF 1,041 $79.20 $82,447.20

17. 4" Vertical Concrete Curb LF 103 $75.24 $7,749.72

18. 4- 1/2" Drive Over Concrete Curb LF 20 $1,650.00 $33,000.00

19. 48" Concrete Valley Gutter LF 223 $96.34 $21,483.82

20. ADA Ramp (Labor Only) All Cases EA 3 $7,260.00 $21,780.00

21. Truncated Domes SF 36 $39.60 $1,425.60

22. Parking Lot Striping LS 1 $14,190.00 $14,190.00

23. Parking Wheel Stops EA 4 $99.00 $396.00

24. Parking Lot Signage EA 5 $1,122.00 $5,610.00

25. Pedestrian Concrete Pavement SF 15,598 $15.18 $236,777.64

26. Pedestrian Concrete Pavement, Special SF 214 $18.48 $3,954.72 Finish
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Dr. Martin Luther King Jr. Park Renovation
Item # Item Description Units Quantity Unit Price Extension

27. Vehicular Concrete Pavement SF 25,463 $17.82 $453,750.66

28. Vehicular Concrete Pavement, Special Finish SF 6,095 $21.78 $132,749.10

29. Splash Pad Pavement SF 710 $85.80 $60,918.00

30. 6" Concrete Mowband LF 100 $59.40 $5,940.00

31. 12" Concrete Mowband LF 1,120 $66.00 $73,920.00

32. Non-Stabilized Decomposed Granite SF 325 $6.56 $2,132.00

33. Stabilized Decomposed Granite Paving SF 1,815 $7.13 $12,940.95 (Vehicular)

34. Rubber Surfacing SF 630 $32.16 $20,260.80

35. Play Area Wood Fiber CY 393 $88.44 $34,756.92

36. Play Area Ramp EA 2 $7,260.00 $14,520.00

37. Sports Court Pavement SF 4,200 $12.10 $50,820.00

38. Sports Court Pavement without Surfacing SF 2,400 $18.23 $43,752.00

39. Sports Court Curb LF 226 $85.80 $19,390.80

40. Fitness Area Curb LF 100 $66.00 $6,600.00

41. 8' Ornamental Metal Fence LF 26 $708.84 $18,429.84

42. Ornamental Metal Gate, 4' wide EA 2 $12,928.08 $25,856.16

43. Vehicular Pipe Gate EA 1 $14,543.76 $14,543.76

44. Relocated Site Signage LS 1 $1,320.00 $1,320.00

45. Splash Pad Equipment LS 1 $660,000.00 $660,000.00

46. Bench EA 8 $1,783.98 $14,271.84

47. Picnic Table EA 3 $2,798.40 $8,395.20

48. ADA Picnic Table EA 4 $2,798.40 $11,193.60

49. Trash Receptacle EA 8 $2,054.58 $16,436.64

50. Recycle Receptacle EA 8 $2,054.58 $16,436.64

51. Barbeque Unit EA 2 $1,848.00 $3,696.00

52. Game Table EA 1 $6,279.24 $6,279.24

53. ADA Game Table EA 1 $7,018.44 $7,018.44

54. Table Tennis EA 1 $16,236.00 $16,236.00

55. Bike Rack EA 2 $1,506.12 $3,012.24

56. Players Bench EA 2 $1,605.12 $3,210.24

57. Basketball Standard EA 2 $6,677.88 $13,355.76

58. Fitness Equipment LS 1 $26,400.00 $26,400.00

59. Removable Bollard EA 3 $1,584.00 $4,752.00

60. Relocated Flag Pole and Monument EA 1 $4,620.00 $4,620.00

61. Trash Enclosure LS 1 $104,940.00 $104,940.00

62. Bike Locker EA 2 $16,368.00 $32,736.00

63. Planting Irrigation LS 1 $363,990.00 $363,990.00

64. Landscape Soil Preparation LS 1 $118,800.00 $118,800.00

65. Turf From Seed SF 150,591 $0.40 $60,236.40

66. 1 Gallon Shrub EA 1,197 $16.54 $19,798.38

67. 15 Gallon Tree EA 55 $138.00 $7,590.00

68. Bark Mulch SF 130,860 $0.60 $78,516.00

69. Root Barrier LF 1,380 $8.61 $11,881.80

70. Landscape Maintenance LS 1 $33,000.00 $33,000.00

71. Contech Catch Basin (2 Cartridge) EA 2 $32,155.20 $64,310.40

72. Contech Catch Basin (1 Cartridge) EA 1 $21,364.20 $21,364.20

73. 48" Storm Drain Manhole EA 4 $7,815.72 $31,262.88

74. 24" French Drain Storage LF 403 $418.44 $168,631.32

75. French Drain Access EA 4 $4,577.76 $18,311.04

76. Catch Basin EA 14 $4,422.00 $61,908.00

77. Landscape Area Drain EA 3 $3,867.60 $11,602.80
78 4" Roof Drain LF 22 $97.68 $2,148.96
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Dr. Martin Luther King Jr. Park Renovation
Item # Item Description Units Quantity Unit Price Extension

79. 6" Roof Drain LF 40 $66.00 $2,640.00

80. 8" Storm Drain LF 260 $81.84 $21,278.40

81. 12" Storm Drain LF 927 $77.57 $71,907.39

82. Adjust Existing Drywell Manhole to Grade EA 2 $2,683.56 $5,367.12

83. Convert Existing Drain Inlet to Junction Box EA 1 $5,525.52 $5,525.52

84. 4" Sanitary Sewer Line LF 166 $124.08 $20,597.28

85. 6" Sanitary Sewer Line LF 232 $79.20 $18,374.40

86. Sewer Cleanouts EA 4 $2,061.84 $8,247.36

87. Connect to Existing Manhole EA 2 $3,660.36 $7,320.72

88. Connect to Existing Sewer Main EA 1 $19,918.80 $19,918.80

89. Drain Inlets for Splash Pad EA 2 $5,445.00 $10,890.00

90. Floor Drain for Trash Enclosure EA 1 $3,743.52 $3,743.52

91. Trench Patch Vine Street LF 20 $198.00 $3,960.00

92. 8" PVC - C-900 DR 14 LF 245 $96.36 $23,608.20

93. 6" PVC - C-900 DR 14 LF 106 $102.96 $10,913.76

94. 3" PVC - Water For bathroom and splash pad LF 167 $83.16 $13,887.72

95. 2.5" PVC - Water for Gymnasium LF 146 $87.12 $12,719.52

96. Connect to Existing Water Main EA 1 $23,100.00 $23,100.00

97. 8" Gate Valve EA 1 $5,940.00 $5,940.00

98. 6" Gate Valve EA 2 $3,891.36 $7,782.72

99. 8" Double Check Valve EA 1 $27,050.76 $27,050.76
100. Fire Hydrant and Bury EA 1 $8,095.56 $8,095.56
101. Trench Patch Street LF 20 $198.00 $3,960.00
Subtotal: $6,748,505.09
Bid Alternate 1 – Community Center
1001. 12" Concrete Mowband LF -48 $66.00 ($3,168.00)
1002. Planting Irrigation LS -1 $5,236.60 ($5,236.60)
1003. Turf from Seed SF -13,255 $0.62 ($8,218.10)
1004. Site Electrical (Deduct) LS -1 $655,069.80 ($655,069.80) 1005. Dr. Martin Luther King Jr. Community LS 1 $4,449,065.28 $4,449,065.28 Center Building
1006. Demolition LS 1 $8,962.80 $8,962.80
1007. Site Electrical LS 1 $54,443.40 $54,443.40
1008. 27' 6" Wide Ornamental Vehicular Gate EA 2 $21,131.22 $42,262.44 1009. Pedestrian Concrete Pavement SF 1,240 $15.18 $18,823.20 1010. Vehicular Concrete Pavement SF 220 $17.82 $3,920.40 1011. Vehicular Concrete Pavement, Special SF 150 $21.78 $3,267.00 Finish
1012. 8' Ornamental Metal Fence LF 150 $311.52 $46,728.00 1013. 8' Ornamental Metal Fence on Mowband LF 123 $326.37 $40,143.51 1014. Ornamental Metal Gate EA 4 $12,873.30 $51,493.20
1015. Planting Irrigation LS 1 $2,481.60 $2,481.60
1016. 15 Gallon Tree EA 10 $350.97 $3,509.70
1017. 1 Gallon Shrub EA 124 $27.96 $3,467.04
1018. Bark Mulch SF 6,700 $0.94 $6,298.00
1019. Root Barrier LF 60 $40.47 $2,428.20
1020. 4" Roof Drain LF 18 $113.52 $2,043.36
1021. 6" Roof Drain LF 129 $92.40 $11,919.60
1022. Storm Drain Cleanouts EA 2 $2,353.56 $4,707.12
1023. 6" PVC - C-900 DR 14 LF 250 $79.20 $19,800.00
1024. 6" Single Check Valve with FDC EA 1 $17,309.16 $17,309.16 Subtotal: $4,121,380.51
Bid Alternate 2 – Restroom Building
2001. Bark Mulch SF -703 $0.35 ($244.15)
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Dr. Martin Luther King Jr. Park Renovation
Item # Item Description Units Quantity Unit Price Extension 2002. Electrical LS 1 $81,549.60 $81,549.60
2003. Pedestrian Concrete Pavement SF 290 $15.18 $4,402.20 2004. Vehicular Concrete Pavement SF 180 $17.82 $3,207.60 2005. Pre-Fabricated Restroom Building LS 1 $353,016.84 $353,016.84 2006. 4" Sanitary Sewer Line LF 4 $682.44 $2,729.76
2007. 1" PVC - Water for Bathroom LF 4 $498.96 $1,995.84 Subtotal: $446,657.69
Bid Alternate 3 – Fitness Stations
3001. Demolition LS 1 $6,600.00 $6,600.00
3002. Rubber Surfacing SF 450 $36.23 $16,303.50
3003. Fitness Area Curb LF 100 $66.00 $6,600.00
3004. Fitness Equipment LS 1 $13,200.00 $13,200.00
Subtotal: $42,703.50
Bid Alternate 4 – Baseball Field and South Parking Lot
4001. Vehicular Concrete Pavement LF -200 $17.82 ($3,564.00) 4002. 12" Concrete Mowband LF -65 $66.00 ($4,290.00)
4003. Planting Irrigation LS -1 $3,806.04 ($3,806.04)
4004. Turf from Seed SF -19,570 $0.42 ($8,219.40)
4005. Bark Mulch SF -1,750 $13.74 ($24,045.00)
4006. Tree Removal LS 1 $5,940.00 $5,940.00
4007. Electrical LS 1 $98,142.00 $98,142.00
4008. Traffic Control LS 1 $13,200.00 $13,200.00
4009. Site Grading LS 1 $177,722.16 $177,722.16
4010. 5" A.B. & 3" A.C. SF 12,044 $8.35 $100,567.40
4011. Driveway Approach SF 486 $25.74 $12,509.64
4012. 6" Vertical Concrete Curb LF 698 $79.20 $55,281.60 4013. 48" Concrete Valley Gutter LF 230 $99.00 $22,770.00 4014. Truncated Domes SF 60 $39.60 $2,376.00
4015. Contech Catch Basin (2 Cartridge) EA 1 $32,153.88 $32,153.88 4016. ADA Ramp (Labor Only) All Cases EA 5 $7,260.00 $36,300.00 4017. Parking Lot Striping LS 1 $9,570.00 $9,570.00
4018. Parking Lot Wheel Stops EA 2 $99.00 $198.00
4019. Parking Lot Signage EA 4 $1,122.00 $4,488.00
4020. Pedestrian Concrete Pavement EA 1,870 $15.18 $28,386.60 4021. 8' Chain Link Fence on Mowband LF 257 $165.99 $42,659.43 4022. Dugout EA 2 $15,937.02 $31,874.04
4023. Backstop LS 1 $47,014.44 $47,014.44
4024. Bases, Home Plate, Pitching Rubber LS 1 $1,635.48 $1,635.48 4025. Infield Mix SF 13,900 $4.30 $59,770.00
4026. Players Bench EA 2 $1,605.12 $3,210.24
4027. Bat Rack EA 2 $1,547.70 $3,095.40
4028. Drinking Fountain EA 1 $13,445.52 $13,445.52
4029. Planting Irrigation LS 1 $4,013.72 $4,013.72
4030. 1 Gallon Shrubs EA 65 $20.23 $1,314.95
4031. 15 Gallon Trees EA 4 $270.32 $1,081.28
4032. Root Barriers LF 40 $23.97 $958.80
4033. 12" Storm Drain LF 25 $128.04 $3,201.00
4034. 48" Storm Drain Manhole EA 1 $7,815.72 $7,815.72
4035. 24" French Drain Storage LF 150 $426.36 $63,954.00 4036. French Drain Access EA 2 $4,810.08 $9,620.16
4037. 1" PVC - Water for Drinking Fountain LF 40 $135.96 $5,438.40 Subtotal: $855,783.42
Bid Alternate 6 – Raised Stage and Shade Shelter
6001. Pedestrian Concrete Pavement SF -60 $15.18 ($910.80) #1..
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Dr. Martin Luther King Jr. Park Renovation
Item # Item Description Units Quantity Unit Price Extension 6002. 6" Concrete Mowband LF -12 $59.40 ($712.80)
6003. Turf from Seed SF -120 $0.29 ($34.80)
6004. Bark Mulch SF -230 $0.33 ($75.90)
6005. Electrical LS 1 $17,358.00 $17,358.00
6006. Site Grading LS 1 $26,838.24 $26,838.24
6007. Concrete Steps LS 1 $16,500.00 $16,500.00
6008. Stage Ramp LS 1 $19,800.00 $19,800.00
6009. Stage Seating Step LS 1 $12,540.00 $12,540.00
6010. Stage Retaining Curb LF 110 $112.20 $12,342.00
6011. Stage Shade Shelter LS 1 $15,180.00 $15,180.00
Subtotal: $118,823.94
Bid Alternate 7 – EV Charging Station Equipment
7001. Electrical LS 1 $29,238.00 $29,238.00
Subtotal: $29,238.00
Bid Alternate 8 – Decomposed Granite at Frontage Planting 8001. Bark Mulch SF -17735 $0.61 ($10,818.35)
8002. Stabilized Decomposed Granite Paving SF 7870 $8.17 $64,297.90 (Pedestrian)
8003. Non-Stabilized Decomposed Granite SF 5130 $3.12 $16,005.60 8004. Decomposed Granite Transition SF 4735 $1.95 $9,233.25 8005. 6" Concrete Mowband LF 690 $59.40 $40,986.00
Subtotal: $119,704.40
Total: $12,482,796.55
Percent From Engineer's Estimate: -1.59%
George Reed, Inc.
(209) 523-0734 P.O. Box 4760, Modesto, CA, 95352
Base Bid

1. Mobilization and Demobilization LS 1 $300,000.00 $300,000.00 (Max 5% of Total Base Bid)

2. Stormwater Pollution and Prevention Plan LS 1 $16,975.00 $16,975.00 (SWPPP)

3. Temporary Construction Fencing LF 2,332 $7.00 $16,324.00

4. Traffic Control LS 1 $30,000.00 $30,000.00

5. Demolition LS 1 $200,000.00 $200,000.00

6. Electrical LS 1 $1,331,264.00 $1,331,264.00

7. Adjust Existing Electrical Connection LS 1 $20,303.00 $20,303.00

8. Site Grading LS 1 $1,635,906.00 $1,635,906.00

9. Erosion Control Measures LS 1 $65,000.00 $65,000.00

10. Tree Removal LS 1 $35,000.00 $35,000.00

11. Tree Protection LS 1 $35,000.00 $35,000.00

12. 5" A.B. & 3" A.C. SF 11,615 $9.00 $104,535.00

13. 5" A.B. & 3.5" A.C. SF 7,698 $9.10 $70,051.80

14. Driveway Approach SF 650 $25.00 $16,250.00

15. 6" Concrete Curb and Gutter LF 76 $146.00 $11,096.00

16. 6" Vertical Concrete Curb LF 1,041 $48.00 $49,968.00

17. 4" Vertical Concrete Curb LF 103 $55.00 $5,665.00

18. 4- 1/2" Drive Over Concrete Curb LF 20 $87.00 $1,740.00

19. 48" Concrete Valley Gutter LF 223 $104.00 $23,192.00

20. ADA Ramp (Labor Only) All Cases EA 3 $2,500.00 $7,500.00

21. Truncated Domes SF 36 $150.00 $5,400.00

22. Parking Lot Striping LS 1 $10,750.00 $10,750.00

23. Parking Wheel Stops EA 4 $75.00 $300.00
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Dr. Martin Luther King Jr. Park Renovation
Item # Item Description Units Quantity Unit Price Extension

24. Parking Lot Signage EA 5 $850.00 $4,250.00

25. Pedestrian Concrete Pavement SF 15,598 $18.00 $280,764.00

26. Pedestrian Concrete Pavement, Special SF 214 $34.00 $7,276.00 Finish

27. Vehicular Concrete Pavement SF 25,463 $26.00 $662,038.00

28. Vehicular Concrete Pavement, Special Finish SF 6,095 $40.00 $243,800.00

29. Splash Pad Pavement SF 710 $53.00 $37,630.00

30. 6" Concrete Mowband LF 100 $20.00 $2,000.00

31. 12" Concrete Mowband LF 1,120 $40.00 $44,800.00

32. Non-Stabilized Decomposed Granite SF 325 $7.00 $2,275.00

33. Stabilized Decomposed Granite Paving SF 1,815 $10.50 $19,057.50 (Vehicular)

34. Rubber Surfacing SF 630 $36.50 $22,995.00

35. Play Area Wood Fiber CY 393 $74.00 $29,082.00

36. Play Area Ramp EA 2 $4,500.00 $9,000.00

37. Sports Court Pavement SF 4,200 $15.00 $63,000.00

38. Sports Court Pavement without Surfacing SF 2,400 $9.00 $21,600.00

39. Sports Court Curb LF 226 $125.00 $28,250.00

40. Fitness Area Curb LF 100 $90.00 $9,000.00

41. 8' Ornamental Metal Fence LF 26 $537.00 $13,962.00

42. Ornamental Metal Gate, 4' wide EA 2 $9,794.00 $19,588.00

43. Vehicular Pipe Gate EA 1 $11,018.00 $11,018.00

44. Relocated Site Signage LS 1 $1,600.00 $1,600.00

45. Splash Pad Equipment LS 1 $377,777.00 $377,777.00

46. Bench EA 8 $2,550.00 $20,400.00

47. Picnic Table EA 3 $1,800.00 $5,400.00

48. ADA Picnic Table EA 4 $1,750.00 $7,000.00

49. Trash Receptacle EA 8 $3,200.00 $25,600.00

50. Recycle Receptacle EA 8 $3,300.00 $26,400.00

51. Barbeque Unit EA 2 $1,500.00 $3,000.00

52. Game Table EA 1 $6,200.00 $6,200.00

53. ADA Game Table EA 1 $5,500.00 $5,500.00

54. Table Tennis EA 1 $20,300.00 $20,300.00

55. Bike Rack EA 2 $950.00 $1,900.00

56. Players Bench EA 2 $1,600.00 $3,200.00

57. Basketball Standard EA 2 $10,000.00 $20,000.00

58. Fitness Equipment LS 1 $29,000.00 $29,000.00

59. Removable Bollard EA 3 $1,200.00 $3,600.00

60. Relocated Flag Pole and Monument EA 1 $12,000.00 $12,000.00

61. Trash Enclosure LS 1 $120,000.00 $120,000.00

62. Bike Locker EA 2 $13,000.00 $26,000.00

63. Planting Irrigation LS 1 $275,750.00 $275,750.00

64. Landscape Soil Preparation LS 1 $90,000.00 $90,000.00

65. Turf From Seed SF 150,591 $0.30 $45,177.30

66. 1 Gallon Shrub EA 1,197 $12.50 $14,962.50

67. 15 Gallon Tree EA 55 $104.50 $5,747.50

68. Bark Mulch SF 130,860 $0.45 $58,887.00

69. Root Barrier LF 1,380 $6.50 $8,970.00

70. Landscape Maintenance LS 1 $25,000.00 $25,000.00

71. Contech Catch Basin (2 Cartridge) EA 2 $22,000.00 $44,000.00

72. Contech Catch Basin (1 Cartridge) EA 1 $14,000.00 $14,000.00

73. 48" Storm Drain Manhole EA 4 $6,175.00 $24,700.00

74. 24" French Drain Storage LF 403 $290.00 $116,870.00 #1..
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Dr. Martin Luther King Jr. Park Renovation
Item # Item Description Units Quantity Unit Price Extension

75. French Drain Access EA 4 $3,100.00 $12,400.00

76. Catch Basin EA 14 $3,475.00 $48,650.00

77. Landscape Area Drain EA 3 $1,000.00 $3,000.00

78. 4" Roof Drain LF 22 $87.00 $1,914.00

79. 6" Roof Drain LF 40 $25.00 $1,000.00

80. 8" Storm Drain LF 260 $45.00 $11,700.00

81. 12" Storm Drain LF 927 $49.00 $45,423.00

82. Adjust Existing Drywell Manhole to Grade EA 2 $800.00 $1,600.00

83. Convert Existing Drain Inlet to Junction Box EA 1 $3,800.00 $3,800.00

84. 4" Sanitary Sewer Line LF 166 $60.00 $9,960.00

85. 6" Sanitary Sewer Line LF 232 $52.00 $12,064.00

86. Sewer Cleanouts EA 4 $750.00 $3,000.00

87. Connect to Existing Manhole EA 2 $650.00 $1,300.00

88. Connect to Existing Sewer Main EA 1 $950.00 $950.00

89. Drain Inlets for Splash Pad EA 2 $2,000.00 $4,000.00

90. Floor Drain for Trash Enclosure EA 1 $2,100.00 $2,100.00

91. Trench Patch Vine Street LF 20 $200.00 $4,000.00

92. 8" PVC - C-900 DR 14 LF 245 $125.00 $30,625.00

93. 6" PVC - C-900 DR 14 LF 106 $67.00 $7,102.00

94. 3" PVC - Water For bathroom and splash pad LF 167 $62.00 $10,354.00

95. 2.5" PVC - Water for Gymnasium LF 146 $45.00 $6,570.00

96. Connect to Existing Water Main EA 1 $7,200.00 $7,200.00

97. 8" Gate Valve EA 1 $3,700.00 $3,700.00

98. 6" Gate Valve EA 2 $2,850.00 $5,700.00

99. 8" Double Check Valve EA 1 $24,725.00 $24,725.00
100. Fire Hydrant and Bury EA 1 $6,700.00 $6,700.00
101. Trench Patch Street LF 20 $200.00 $4,000.00
Subtotal: $7,236,083.60
Bid Alternate 1 – Community Center
1001. 12" Concrete Mowband LF -48 $30.00 ($1,440.00)
1002. Planting Irrigation LS -1 $3,967.00 ($3,967.00)
1003. Turf from Seed SF -13,255 $0.45 ($5,964.75)
1004. Site Electrical (Deduct) LS -1 $503,882.00 ($503,882.00) 1005. Dr. Martin Luther King Jr. Community LS 1 $4,388,000.00 $4,388,000.00 Center Building
1006. Demolition LS 1 $11,500.00 $11,500.00
1007. Site Electrical LS 1 $41,873.00 $41,873.00
1008. 27' 6" Wide Ornamental Vehicular Gate EA 2 $16,008.50 $32,017.00 1009. Pedestrian Concrete Pavement SF 1,240 $18.00 $22,320.00 1010. Vehicular Concrete Pavement SF 220 $26.00 $5,720.00 1011. Vehicular Concrete Pavement, Special SF 150 $40.00 $6,000.00 Finish
1012. 8' Ornamental Metal Fence LF 150 $236.00 $35,400.00 1013. 8' Ornamental Metal Fence on Mowband LF 123 $197.25 $24,261.75 1014. Ornamental Metal Gate EA 4 $9,752.50 $39,010.00
1015. Planting Irrigation LS 1 $1,880.00 $1,880.00
1016. 15 Gallon Tree EA 10 $265.00 $2,650.00
1017. 1 Gallon Shrub EA 124 $21.00 $2,604.00
1018. Bark Mulch SF 6,700 $0.70 $4,690.00
1019. Root Barrier LF 60 $30.50 $1,830.00
1020. 4" Roof Drain LF 18 $48.00 $864.00
1021. 6" Roof Drain LF 129 $18.00 $2,322.00
1022. Storm Drain Cleanouts EA 2 $600.00 $1,200.00
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Dr. Martin Luther King Jr. Park Renovation
Item # Item Description Units Quantity Unit Price Extension 1023. 6" PVC - C-900 DR 14 LF 250 $60.00 $15,000.00
1024. 6" Single Check Valve with FDC EA 1 $13,000.00 $13,000.00 Subtotal: $4,136,888.00
Bid Alternate 2 – Restroom Building
2001. Bark Mulch SF -703 $0.25 ($175.75)
2002. Electrical LS 1 $62,720.81 $62,720.81
2003. Pedestrian Concrete Pavement SF 290 $18.00 $5,220.00 2004. Vehicular Concrete Pavement SF 180 $26.00 $4,680.00 2005. Pre-Fabricated Restroom Building LS 1 $305,000.00 $305,000.00 2006. 4" Sanitary Sewer Line LF 4 $120.00 $480.00
2007. 1" PVC - Water for Bathroom LF 4 $61.00 $244.00
Subtotal: $378,169.06
Bid Alternate 3 – Fitness Station
3001. Demolition LS 1 $500.00 $500.00
3002. Rubber Surfacing SF 450 $40.00 $18,000.00
3003. Fitness Area Curb LF 100 $90.00 $9,000.00
3004. Fitness Equipment LS 1 $39,000.00 $39,000.00
Subtotal: $66,500.00
Bid Alternate 4 – Baseball Field and South Parking Lot
4001. Vehicular Concrete Pavement LF -200 $16.00 ($3,200.00) 4002. 12" Concrete Mowband LF -65 $30.00 ($1,950.00)
4003. Planting Irrigation LS -1 $2,884.00 ($2,884.00)
4004. Turf from Seed SF -19,570 $0.30 ($5,871.00)
4005. Bark Mulch SF -1,750 $10.50 ($18,375.00)
4006. Tree Removal LS 1 $4,500.00 $4,500.00
4007. Electrical LS 1 $75,482.23 $75,482.23
4008. Traffic Control LS 1 $2,500.00 $2,500.00
4009. Site Grading LS 1 $100,000.00 $100,000.00
4010. 5" A.B. & 3" A.C. SF 12,044 $9.00 $108,396.00
4011. Driveway Approach SF 486 $25.00 $12,150.00
4012. 6" Vertical Concrete Curb LF 698 $48.00 $33,504.00 4013. 48" Concrete Valley Gutter LF 230 $104.00 $23,920.00 4014. Truncated Domes SF 60 $75.00 $4,500.00
4015. Contech Catch Basin (2 Cartridge) EA 1 $22,000.00 $22,000.00 4016. ADA Ramp (Labor Only) All Cases EA 5 $1,000.00 $5,000.00 4017. Parking Lot Striping LS 1 $7,250.00 $7,250.00
4018. Parking Lot Wheel Stops EA 2 $75.00 $150.00
4019. Parking Lot Signage EA 4 $850.00 $3,400.00
4020. Pedestrian Concrete Pavement EA 1,870 $18.00 $33,660.00 4021. 8' Chain Link Fence on Mowband LF 257 $75.75 $19,467.75 4022. Dugout EA 2 $12,073.50 $24,147.00
4023. Backstop LS 1 $35,617.00 $35,617.00
4024. Bases, Home Plate, Pitching Rubber LS 1 $1,300.00 $1,300.00 4025. Infield Mix SF 13,900 $6.50 $90,350.00
4026. Players Bench EA 2 $1,550.00 $3,100.00
4027. Bat Rack EA 2 $1,400.00 $2,800.00
4028. Drinking Fountain EA 1 $13,500.00 $13,500.00
4029. Planting Irrigation LS 1 $3,041.00 $3,041.00
4030. 1 Gallon Shrubs EA 65 $15.00 $975.00
4031. 15 Gallon Trees EA 4 $205.00 $820.00
4032. Root Barriers LF 40 $18.00 $720.00
4033. 12" Storm Drain LF 25 $89.00 $2,225.00
4034. 48" Storm Drain Manhole EA 1 $6,175.00 $6,175.00
4035. 24" French Drain Storage LF 150 $290.00 $43,500.00 #1..
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Dr. Martin Luther King Jr. Park Renovation
Item # Item Description Units Quantity Unit Price Extension 4036. French Drain Access EA 2 $3,100.00 $6,200.00
4037. 1" PVC - Water for Drinking Fountain LF 40 $30.00 $1,200.00 Subtotal: $659,269.98
Bid Alternate 6 – Raised Stage and Shade Shelter
6001. Pedestrian Concrete Pavement SF -60 $11.00 ($660.00) 6002. 6" Concrete Mowband LF -12 $15.00 ($180.00)
6003. Turf from Seed SF -120 $0.20 ($24.00)
6004. Bark Mulch SF -230 $0.25 ($57.50)
6005. Electrical LS 1 $13,350.00 $13,350.00
6006. Site Grading LS 1 $22,000.00 $22,000.00
6007. Concrete Steps LS 1 $22,000.00 $22,000.00
6008. Stage Ramp LS 1 $39,000.00 $39,000.00
6009. Stage Seating Step LS 1 $25,600.00 $25,600.00
6010. Stage Retaining Curb LF 110 $395.00 $43,450.00
6011. Stage Shade Shelter LS 1 $120,000.00 $120,000.00
Subtotal: $284,478.50
Bid Alternate 7 – EV Charging Station Equipment
7001. Electrical LS 1 $22,487.00 $22,487.00
Subtotal: $22,487.00
Bid Alternate 8 – Decomposed Granite at Frontage Planting 8001. Bark Mulch SF -17,735 $0.45 ($7,980.75)
8002. Stabilized Decomposed Granite Paving SF 7,870 $6.00 $47,220.00 (Pedestrian)
8003. Non-Stabilized Decomposed Granite SF 5,130 $2.35 $12,055.50 8004. Decomposed Granite Transition SF 4,735 $1.50 $7,102.50 8005. 6" Concrete Mowband LF 690 $20.00 $13,800.00
Subtotal: $72,197.25
Total: $12,856,073.39
Percent From Engineer's Estimate: 1.36%
Engineer's Estimate
Base Bid

1. Mobilization and Demobilization LS 1 $300,000.00 $300,000.00 (Max 5% of Total Base Bid)

2. Stormwater Pollution and Prevention Plan LS 1 $50,000.00 $50,000.00 (SWPPP)

3. Temporary Construction Fencing LF 2,332 $6.50 $15,158.00

4. Traffic Control LS 1 $26,250.00 $26,250.00

5. Demolition LS 1 $729,710.00 $729,710.00

6. Electrical LS 1 $757,480.50 $757,480.50

7. Adjust Existing Electrical Connection LS 1 $20,000.00 $20,000.00

8. Site Grading LS 1 $290,000.00 $290,000.00

9. Erosion Control Measures LS 1 $40,000.00 $40,000.00

10. Tree Removal LS 1 $70,350.00 $70,350.00

11. Tree Protection LS 1 $26,250.00 $26,250.00

12. 5" A.B. & 3" A.C. SF 11,615 $10.00 $116,150.00

13. 5" A.B. & 3.5" A.C. SF 7,698 $10.50 $80,829.00

14. Driveway Approach SF 650 $23.00 $14,950.00

15. 6" Concrete Curb and Gutter LF 76 $78.50 $5,966.00

16. 6" Vertical Concrete Curb LF 1,041 $52.50 $54,652.50

17. 4" Vertical Concrete Curb LF 103 $47.00 $4,841.00

18. 4- 1/2" Drive Over Concrete Curb LF 20 $105.00 $2,100.00

19. 48" Concrete Valley Gutter LF 223 $94.50 $21,073.50 #1..
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Dr. Martin Luther King Jr. Park Renovation
Item # Item Description Units Quantity Unit Price Extension

20. ADA Ramp (Labor Only) All Cases EA 3 $3,600.00 $10,800.00

21. Truncated Domes SF 36 $70.00 $2,520.00

22. Parking Lot Striping LS 1 $6,300.00 $6,300.00

23. Parking Wheel Stops EA 4 $315.00 $1,260.00

24. Parking Lot Signage EA 5 $525.00 $2,625.00

25. Pedestrian Concrete Pavement SF 15,598 $14.00 $218,372.00

26. Pedestrian Concrete Pavement, Special SF 214 $19.00 $4,066.00 Finish

27. Vehicular Concrete Pavement SF 25,463 $16.00 $407,408.00

28. Vehicular Concrete Pavement, Special Finish SF 6,095 $21.00 $127,995.00

29. Splash Pad Pavement SF 710 $31.00 $22,010.00

30. 6" Concrete Mowband LF 100 $40.00 $4,000.00

31. 12" Concrete Mowband LF 1,120 $60.00 $67,200.00

32. Non-Stabilized Decomposed Granite SF 325 $10.00 $3,250.00

33. Stabilized Decomposed Granite Paving SF 1,815 $15.00 $27,225.00 (Vehicular)

34. Rubber Surfacing SF 630 $37.00 $23,310.00

35. Play Area Wood Fiber CY 393 $84.00 $33,012.00

36. Play Area Ramp EA 2 $4,200.00 $8,400.00

37. Sports Court Pavement SF 4,200 $15.00 $63,000.00

38. Sports Court Pavement without Surfacing SF 2,400 $12.00 $28,800.00

39. Sports Court Curb LF 226 $52.00 $11,752.00

40. Fitness Area Curb LF 100 $63.00 $6,300.00

41. 8' Ornamental Metal Fence LF 26 $310.00 $8,060.00

42. Ornamental Metal Gate, 4' wide EA 2 $5,000.00 $10,000.00

43. Vehicular Pipe Gate EA 1 $25,000.00 $25,000.00

44. Relocated Site Signage LS 1 $5,250.00 $5,250.00

45. Splash Pad Equipment LS 1 $100,000.00 $100,000.00

46. Bench EA 8 $2,500.00 $20,000.00

47. Picnic Table EA 3 $2,200.00 $6,600.00

48. ADA Picnic Table EA 4 $2,300.00 $9,200.00

49. Trash Receptacle EA 8 $2,500.00 $20,000.00

50. Recycle Receptacle EA 8 $2,500.00 $20,000.00

51. Barbeque Unit EA 2 $3,100.00 $6,200.00

52. Game Table EA 1 $6,600.00 $6,600.00

53. ADA Game Table EA 1 $5,900.00 $5,900.00

54. Table Tennis EA 1 $9,000.00 $9,000.00

55. Bike Rack EA 2 $1,050.00 $2,100.00

56. Players Bench EA 2 $1,700.00 $3,400.00

57. Basketball Standard EA 2 $5,770.00 $11,540.00

58. Fitness Equipment LS 1 $21,000.00 $21,000.00

59. Removable Bollard EA 3 $2,100.00 $6,300.00

60. Relocated Flag Pole and Monument EA 1 $15,000.00 $15,000.00

61. Trash Enclosure LS 1 $130,000.00 $130,000.00

62. Bike Locker EA 2 $5,500.00 $11,000.00

63. Planting Irrigation LS 1 $600,000.00 $600,000.00

64. Landscape Soil Preparation LS 1 $110,000.00 $110,000.00

65. Turf From Seed SF 150,591 $0.20 $30,118.20

66. 1 Gallon Shrub EA 1,197 $20.00 $23,940.00

67. 15 Gallon Tree EA 55 $225.00 $12,375.00

68. Bark Mulch SF 130,860 $0.85 $111,231.00

69. Root Barrier LF 1,380 $18.00 $24,840.00

70. Landscape Maintenance LS 1 $50,000.00 $50,000.00
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Item # Item Description Units Quantity Unit Price Extension

71. Contech Catch Basin (2 Cartridge) EA 2 $23,100.00 $46,200.00

72. Contech Catch Basin (1 Cartridge) EA 1 $17,400.00 $17,400.00

73. 48" Storm Drain Manhole EA 4 $8,660.00 $34,640.00

74. 24" French Drain Storage LF 403 $360.00 $145,080.00

75. French Drain Access EA 4 $2,880.00 $11,520.00

76. Catch Basin EA 14 $3,670.00 $51,380.00

77. Landscape Area Drain EA 3 $1,260.00 $3,780.00

78. 4" Roof Drain LF 22 $30.00 $660.00

79. 6" Roof Drain LF 40 $47.00 $1,880.00

80. 8" Storm Drain LF 260 $126.00 $32,760.00

81. 12" Storm Drain LF 927 $152.00 $140,904.00

82. Adjust Existing Drywell Manhole to Grade EA 2 $800.00 $1,600.00

83. Convert Existing Drain Inlet to Junction Box EA 1 $1,500.00 $1,500.00

84. 4" Sanitary Sewer Line LF 166 $90.00 $14,940.00

85. 6" Sanitary Sewer Line LF 232 $100.00 $23,200.00

86. Sewer Cleanouts EA 4 $1,680.00 $6,720.00

87. Connect to Existing Manhole EA 2 $5,250.00 $10,500.00

88. Connect to Existing Sewer Main EA 1 $8,400.00 $8,400.00

89. Drain Inlets for Splash Pad EA 2 $1,300.00 $2,600.00

90. Floor Drain for Trash Enclosure EA 1 $1,050.00 $1,050.00

91. Trench Patch Vine Street LF 20 $57.00 $1,140.00

92. 8" PVC - C-900 DR 14 LF 245 $126.00 $30,870.00

93. 6" PVC - C-900 DR 14 LF 106 $105.00 $11,130.00

94. 3" PVC - Water For bathroom and splash pad LF 167 $89.00 $14,863.00

95. 2.5" PVC - Water for Gymnasium LF 146 $80.00 $11,680.00

96. Connect to Existing Water Main EA 1 $8,600.00 $8,600.00

97. 8" Gate Valve EA 1 $5,250.00 $5,250.00

98. 6" Gate Valve EA 2 $3,150.00 $6,300.00

99. 8" Double Check Valve EA 1 $21,000.00 $21,000.00
100. Fire Hydrant and Bury EA 1 $7,500.00 $7,500.00
101. Trench Patch Street LF 20 $57.00 $1,140.00
Subtotal: $5,796,206.70
Bid Alternate 1 – Community Center
1001. 12" Concrete Mowband LF -48 $60.00 ($2,880.00)
1002. Planting Irrigation LS -1 $24,000.00 ($24,000.00) 1003. Turf from Seed SF -13,255 $0.20 ($2,651.00)
1004. Site Electrical (Deduct) LS -1 $158,316.00 ($158,316.00) 1005. Dr. Martin Luther King Jr. Community LS 1 $4,900,000.40 $4,900,000.40 Center Building
1006. Demolition LS 1 $48,000.00 $48,000.00
1007. Site Electrical LS 1 $239,914.00 $239,914.00
1008. 27' 6" Wide Ornamental Vehicular Gate EA 2 $30,200.00 $60,400.00 1009. Pedestrian Concrete Pavement SF 1,240 $14.00 $17,360.00 1010. Vehicular Concrete Pavement SF 220 $16.00 $3,520.00 1011. Vehicular Concrete Pavement, Special SF 150 $21.00 $3,150.00 Finish
1012. 8' Ornamental Metal Fence LF 150 $310.00 $46,500.00 1013. 8' Ornamental Metal Fence on Mowband LF 123 $380.00 $46,740.00 1014. Ornamental Metal Gate EA 4 $5,000.00 $20,000.00
1015. Planting Irrigation LS 1 $15,000.00 $15,000.00
1016. 15 Gallon Tree EA 10 $225.00 $2,250.00
1017. 1 Gallon Shrub EA 124 $20.00 $2,480.00
1018. Bark Mulch SF 6,700 $0.85 $5,695.00
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Item # Item Description Units Quantity Unit Price Extension 1019. Root Barrier LF 60 $18.00 $1,080.00
1020. 4" Roof Drain LF 18 $30.00 $540.00
1021. 6" Roof Drain LF 129 $47.00 $6,063.00
1022. Storm Drain Cleanouts EA 2 $1,650.00 $3,300.00
1023. 6" PVC - C-900 DR 14 LF 250 $105.00 $26,250.00
1024. 6" Single Check Valve with FDC EA 1 $13,200.00 $13,200.00 Subtotal: $5,273,595.40
Bid Alternate 2 – Restroom Building
2001. Bark Mulch SF -703 $0.85 ($597.55)
2002. Electrical LS 1 $88,568.38 $88,568.38
2003. Pedestrian Concrete Pavement SF 290 $14.00 $4,060.00 2004. Vehicular Concrete Pavement SF 180 $16.00 $2,880.00 2005. Pre-Fabricated Restroom Building LS 1 $387,200.34 $387,200.34 2006. 4" Sanitary Sewer Line LF 4 $94.00 $376.00
2007. 1" PVC - Water for Bathroom LF 4 $85.00 $340.00
Subtotal: $482,827.17
Bid Alternate 3 – Fitness Station
3001. Demolition LS 1 $1,572.00 $1,572.00
3002. Rubber Surfacing SF 450 $37.00 $16,650.00
3003. Fitness Area Curb LF 100 $63.00 $6,300.00
3004. Fitness Equipment LS 1 $28,000.00 $28,000.00
Subtotal: $52,522.00
Bid Alternate 4 – Baseball Field and South Parking Lot
4001. Vehicular Concrete Pavement LF -200 $16.00 ($3,200.00) 4002. 12" Concrete Mowband LF -65 $60.00 ($3,900.00)
4003. Planting Irrigation LS -1 $51,000.00 ($51,000.00) 4004. Turf from Seed SF -19,570 $0.20 ($3,914.00)
4005. Bark Mulch SF -1,750 $0.85 ($1,487.50)
4006. Tree Removal LS 1 $16,000.00 $16,000.00
4007. Electrical LS 1 $65,505.00 $65,505.00
4008. Traffic Control LS 1 $5,000.00 $5,000.00
4009. Site Grading LS 1 $19,400.00 $19,400.00
4010. 5" A.B. & 3" A.C. SF 12,044 $10.00 $120,440.00
4011. Driveway Approach SF 486 $23.00 $11,178.00
4012. 6" Vertical Concrete Curb LF 698 $52.50 $36,645.00 4013. 48" Concrete Valley Gutter LF 230 $94.50 $21,735.00 4014. Truncated Domes SF 60 $70.00 $4,200.00
4015. Contech Catch Basin (2 Cartridge) EA 1 $23,100.00 $23,100.00 4016. ADA Ramp (Labor Only) All Cases EA 5 $17,400.00 $87,000.00 4017. Parking Lot Striping LS 1 $3,000.00 $3,000.00
4018. Parking Lot Wheel Stops EA 2 $315.00 $630.00
4019. Parking Lot Signage EA 4 $525.00 $2,100.00
4020. Pedestrian Concrete Pavement EA 1,870 $14.00 $26,180.00 4021. 8' Chain Link Fence on Mowband LF 257 $250.00 $64,250.00 4022. Dugout EA 2 $4,500.00 $9,000.00
4023. Backstop LS 1 $102,000.00 $102,000.00
4024. Bases, Home Plate, Pitching Rubber LS 1 $5,000.00 $5,000.00 4025. Infield Mix SF 13,900 $4.00 $55,600.00
4026. Players Bench EA 2 $1,700.00 $3,400.00
4027. Bat Rack EA 2 $1,300.00 $2,600.00
4028. Drinking Fountain EA 1 $8,600.00 $8,600.00
4029. Planting Irrigation LS 1 $11,000.00 $11,000.00
4030. 1 Gallon Shrubs EA 65 $20.00 $1,300.00
4031. 15 Gallon Trees EA 4 $225.00 $900.00
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Item # Item Description Units Quantity Unit Price Extension 4032. Root Barriers LF 40 $18.00 $720.00
4033. 12" Storm Drain LF 25 $152.00 $3,800.00
4034. 48" Storm Drain Manhole EA 1 $8,660.00 $8,660.00
4035. 24" French Drain Storage LF 150 $360.00 $54,000.00 4036. French Drain Access EA 2 $2,880.00 $5,760.00
4037. 1" PVC - Water for Drinking Fountain LF 40 $85.00 $3,400.00 Subtotal: $718,601.50
Bid Alternate 6 – Raised Stage and Shade Shelter
6001. Pedestrian Concrete Pavement SF -60 $14.00 ($840.00) 6002. 6" Concrete Mowband LF -12 $42.00 ($504.00)
6003. Turf from Seed SF -120 $0.20 ($24.00)
6004. Bark Mulch SF -230 $0.85 ($195.50)
6005. Electrical LS 1 $8,480.00 $8,480.00
6006. Site Grading LS 1 $1,000.00 $1,000.00
6007. Concrete Steps LS 1 $5,000.00 $5,000.00
6008. Stage Ramp LS 1 $7,500.00 $7,500.00
6009. Stage Seating Step LS 1 $1,900.00 $1,900.00
6010. Stage Retaining Curb LF 110 $80.00 $8,800.00
6011. Stage Shade Shelter LS 1 $100,700.00 $100,700.00
Subtotal: $131,816.50
Bid Alternate 7 – EV Charging Station Equipment
7001. Electrical LS 1 $13,200.00 $13,200.00
Subtotal: $13,200.00
Bid Alternate 8 – Decomposed Granite at Frontage Planting 8001. Bark Mulch SF -17,735 $0.85 ($15,074.75)
8002. Stabilized Decomposed Granite Paving SF 7,870 $12.00 $94,440.00 (Pedestrian)
8003. Non-Stabilized Decomposed Granite SF 5,130 $10.00 $51,300.00 8004. Decomposed Granite Transition SF 4,735 $12.00 $56,820.00 8005. 6" Concrete Mowband LF 690 $40.00 $27,600.00
Subtotal: $215,085.25
Total: $12,683,854.52
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CONSTRUCTION MANAGEMENT, INSPECTIONS AND MATERIALS TESTING SERVICES AGREEMENT FOR DR. MARTIN LUTHER KING JR. PARK RENOVATION THIS AGREEMENT, made and entered into in the City of Modesto, State of California, this 24th day of June, 2025, (“Effective Date”) by and between the CITY OF MODESTO, a municipal corporation of the State of California, hereinafter referred to as "CITY", and TRC ENGINEERS, INC., a California corporation, hereinafter referred to as "CONSULTANT".

This Agreement is made with regard to the following recitals:

A. The CITY has determined that Construction Management, Inspections and Materials Testing Services should be performed for the DR. MARTIN LUTHER KING JR.

PARK RENOVATION project.

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

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

1. SCOPE OF SERVICES.

CONSULTANT shall undertake and complete the preparation of the scope of work as set forth and described in the documents attached hereto and referred to as Exhibit "A" or "project". The CONSULTANT shall perform the services as described in Exhibit "A" in a manner compatible with the standards of its profession, and shall produce a fully complete project that is acceptable to CITY.
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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 NINE HUNDRED FORTY-SEVEN THOUSAND FIVE HUNDRED SIXTY-TWO AND 27/100 DOLLARS ($947,562.27) (maximum compensation) as full remuneration for performing all services and furnishing all staffing and materials for CITY 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 #1..
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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.

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 NINETY-FOUR THOUSAND SEVEN HUNDRED FIFTY-SIX AND 23/100 DOLLARS ($94,756.23). 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 ONE MILLION FORTY-TWO THOUSAND THREE HUNDRED EIGHTEEN AND 50/100 DOLLARS ($1,042,318.50). If additional services in excess of this amount are deemed necessary by City Staff, an amendment to this Agreement will be required and must be approved by the City Council prior to commencing the work, as provided in Paragraph 9 of this agreement.

4. OBLIGATIONS OF CONSULTANT.

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

CONSULTANT represents that it has all of the necessary professional capabilities and #1..
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experience, as well as all tools, instrumentalities, facilities and other resources necessary to provide the CITY with the services contemplated by this Agreement. CONSULTANT further represents that it will follow the 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 JUSTIN WEHLING, PROJECT MANAGER, 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 FIFTY percent (50%) 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.

However, in the event City modifies any materials furnished to City by Consultant, without Contractor’s involvement or consent, then Consultant shall not be responsible for the materials.

No reports shall be used by the CONSULTANT for purposes other than this contract without the express prior written consent of CITY.

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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 Agreement.

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. Notwithstanding anything to the contrary in this Agreement, data and materials are not intended nor shall they be construed to include Consultant’s pre-existing intellectual property secured, developed, written, or produced by Consultant prior to the execution of this Agreement or developed concurrently with this Agreement but not specifically for this Agreement; Consultant shall retain all right, title and interest in any such pre-existing intellectual property. Such data or information may not be used or copied for direct or indirect use by CONSULTANT after termination of this Agreement without written consent of the CITY.

7. NEWS AND INFORMATION RELEASE.

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

CONSULTANT warrants that it presently has no interest and shall not acquire any interest, direct or indirect, which would create a “conflict of interest”, as that term is defined in the Political Reform Act (Gov. Code § 81000 et seq), for the CONSULTANT in the performance of this AGREEMENT. CONSULTANT warrants that, in performance of this AGREEMENT, CONSULTANT shall not employ any person having any such interest.

CONSULTANT understands that, if this AGREEMENT is made in violation of Government Code § 1090 et seq., the entire AGREEMENT is void and CONSULTANT will not be entitled to any compensation for services performed. CONSULTANT agrees to file a Statement of Economic Interests with the City Clerk at the start and end of this AGREEMENT 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 #1..
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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 employeremployee 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 #1..
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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 and such approval shall not be unreasonably withheld.

12. PATENT/COPYRIGHT MATERIALS.

Unless otherwise expressly provided in the Agreement, 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: TRC Engineers, Inc.

Address: 183 D’Arcy Parkway
Lathrop, CA 95330
Attention: Dustin Rath, Vice President, Principal-in-Charge Phone: (916) 826-4429
E-mail: [email protected]
FOR CITY: Name: City of Modesto
Address: P.O. Box 642
Modesto, CA 95353
Attention: Pete Kambel, Senior Civil Engineer
Phone: (209) 577-5444
E-mail: [email protected]

14. INSURANCE REQUIREMENTS.

During the term of this Agreement, CONSULTANT shall maintain in full force and effect at its own cost and expense the insurance coverage as set forth in Exhibit C, attached hereto and incorporated herein, and shall otherwise comply with the other provisions of #1..
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Exhibit C. CONSULTANT is responsible for uploading updated insurance documentation to the City’s “PINS Advantage” program.

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 provided that Consultant has not commenced to cure the breach or non-conforming Services within a reasonable amount of time, not to exceed seven (7) business days, of Consultant’s notice of such breach or non-conformance. 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.
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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 Subconsultants 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 and upon full compensation therefor, 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 and that Consultant has been fully compensated for; e. Settle outstanding liabilities and claims, subject to the approval of #1..
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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 contracts for materials;
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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.

If CONSULTANT is performing “public works” as defined in Labor Code section 1720(a), CONSULTANT shall pay all workers, and shall ensure its subcontractors pay all of their workers, engaged in performing the services described in Exhibit “A” not less than the general prevailing rate of per diem wages for work of a similar character in the locality in which the services described in Exhibit “A” are to be performed, and not less than the general prevailing rate of per diem wages for holiday and overtime work as provided in the California Labor Code. In accordance with California Labor Code Section 1773.2, the City has obtained the general prevailing wages in the locality in which the services described in Exhibit A are to be #1..
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performed for each craft or type of work needed to be as published by the State of California Department of Industrial Relations, Division of Labor Statistics and Research, a copy of which is on file in the CITY’s Purchasing Department and shall be made available on request.

CONSULTANT must comply with all applicable laws and regulations that apply to wages earned in performance of the services described in Exhibit “A”, including those set forth in Labor Code section 1770 et. seq.

17. INDEMNITY.

If CONSULTANT is Design Professional performing design professional services, as defined in California Civil Code section2782.8, CONSULTANT agrees to indemnify, defend, and hold harmless the CITY, its officers, officials, agents and employees, from and against any and all claims, demands, costs, or liability that arise out of, or pertain to, or relate to the negligence, recklessness, or willful misconduct of CONSULTANT and its employees, officials, officers, agents or agents in the performance of services under this Agreement, but this indemnity does not apply to liability for damages arising from the gross negligence, or willful misconduct of the CITY. The CITY agrees that in no event shall the cost to defend charged to the CONSULTANT exceed that CONSULTANT’s proportionate percentage of fault. However, notwithstanding the previous sentence, 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. This duty to indemnify shall not be waived or modified by contractual Agreement or acts of the parties.

If CONSULTANT is not a Design Professional performing Design Professional Services, the CONSULTANT shall hold the CITY, its officers, officials, agents and #1..
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Dr. Martin Luther King Jr. Park Renovation
employees harmless from and save, defend and indemnify them against any and all claims, losses, liabilities, judgments or damages from every cause, including but not limited to injury to person or property or wrongful death, including reasonable costs and expenses of defense of any judicial or administrative action, to the extent caused arising out of, or pertaining to, or relating to any negligent or intentional act or omission of CONSULTANT, or its agents, officers, officials, employees, or volunteers relating to or during the performance of its obligations under this Agreement, except for claims arising from the gross negligence of the CITY. To the fullest extent permitted under applicable law, Neither Party shall be liable to the Other Party for special, indirect, consequential, punitive, or exemplary damages.

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.

In the event that CONSULTANT or any employee, agent, or subcontractor of CONSULTANT providing services under this Agreement is determined by a court of competent jurisdiction or the California Public Employees Retirement System (PERS) to be eligible for enrollment in PERS as an employee of CITY, CONSULTANT shall indemnify, defend, and hold harmless CITY for the payment of any employee and/or employer contributions for PERS benefits on behalf of CONSULTANT or its employees, agents, or subcontractors, as well as for the payment of any penalties and interest on such contributions, which would otherwise be the responsibility of CITY.
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Dr. Martin Luther King Jr. Park Renovation

18. DISPUTE RESOLUTION.

Venue for 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 in the Superior Court of Stanislaus County or the United States District Court for the Eastern District of California.

19. ATTORNEY’S FEES.

If a party to this Agreement brings any action, including an action for declaratory relief, to enforce or interpret the provision of this Agreement, the prevailing party shall be entitled to reasonable attorneys’ fees in addition to any other relief to which that party may be entitled. The court may set such fees in the same action or in a separate action brought for that purpose.

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. #1..
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Dr. Martin Luther King Jr. Park Renovation

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.

Notwithstanding the foregoing, City’s right to audit shall not extend to Consultant’s overhead, markups, profit/loss information, fixed rates, unit prices, prices expressed as percentages or any trade secrets.

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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Dr. Martin Luther King Jr. Park Renovation

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. 2025- , adopted by the Council of the City of Modesto on the 24th day of June, 2025, and TRC ENGINEERS, INC. has caused this agreement to be duly executed in duplicate as of the Effective Date. (Signatures on next page)
5/13/2025 Reviewed by AM
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EXHIBIT A

SCOPE OF SERVICES

GENERAL
The scope of the construction management services, as prepared, is a draft and the tasks listed are typical. It is the City’s expectation the selected firm will use their expertise to further define and customize each task. Based on the experience of the firm, additional elements may be identified to meet the goals of the project. Additionally, the firm is free to rearrange elements as necessary to provide a comprehensive scope of services for the project.

Each task identified below shall be considered by the firm to determine the relevance to the project and shall be expanded or reduced as the firm deems necessary to suit the requirements of this project. The scope of each task shall be completely defined by the firm. This task definition shall include at a minimum the purpose and overview of each task, the approach to deliver task, the assumptions made while defining the task requirements, and the deliverables the City will receive.

Task 1: Pre-Construction Services

1.1 – Construction Management Work Plan (CMWP)
A CMWP will be prepared and shall define the procedures and systems to receive, transmit, log, track, monitor, file and create reports for all construction correspondence and documents. Such construction correspondence and documents shall include, but not be limited to daily inspection reports, shop drawings/construction submittals, Contractor’s requests for information, general correspondence, design change notices, contract change orders, project schedules, test reports, construction progress photos, and other documents necessary to administer the construction contract.

The firm selected to provide CM services shall submit a draft CMWP to the City for review within two weeks after the award of contract. Contents of the CMWP, at a minimum, shall include the items listed in Attachment B. Following receipt of review comments, the final CMWP shall be submitted.

Deliverables:
 Provide (5) copies of final CMWP for City’s use
 Provide sufficient number of final CMWP for proposed CM staff use

1.2 – Communications and Correspondence
The Construction Manager (CM) will be responsible for developing and implementing any additional written or oral communication necessary to facilitate the ongoing construction and documentation of the project. The CM will elaborate on what additional communication methods and forms they deem necessary for this project based on experience with managing a project of similar scope and complexity in the proposal they submit for the subject CM services.

The CM shall provide a web-based document tracking and all necessary licenses, such as EADOC, with the ability to manage all construction and design documents (RFIs, submittals, punch lists, memos, meeting minutes, photos, schedules, etc.) and financial features (budgets, schedule of values, change order proposals, change orders, etc.) of the project. Access shall be provided at a minimum to the CM team, five (5) City staff members, two (2) design team Exhibit A - 1 City of Modesto
Dr. Martin Luther King Jr. Park Renovation
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members, and the contractor. The CM shall define accessibility of records of all team members, with the City having full accessibility.

CM shall track all contractor, City, and Designer communications and facilitate distribution of all communications to appropriate parties.

Electronic back-ups shall be provided to the City twice per month. Final copies of all electronic copies shall be provided at the end of the project. The CM shall maintain a hard copy file at the field office in the form provided by the City and shall deliver files in binders provided by the City at the end of the project.

Task 2: Construction Phase Services

2.1 – Mobilization
Coordinate with contractor for proper set up and organization of field office. Office space for the CM team will be provided by the contractor.

2.2 – Project Controls and General Administration
Implement a schedule cost and schedule control system to detect potential deficiencies early, and to facilitate management of project. Continuously update schedule to show progress/status and all potential schedule changes. Review contractor’s schedules and monthly schedule updates and incorporate into project master schedule.

The CM will provide coordination as required among the City, Engineer, contractor, subcontractors, regulatory agencies, and other persons working near the project site. They CM will identify, prepare, log, monitor, and negotiate all correspondence, claims, changes, extra work, change orders and other construction related documents.

2.3 – Project Invoices
Monthly invoices will be submitted to the City from the CM. Each invoice will include a summary of labor expenditures, direct costs, and billed subconsultant charges. Billing statements will be organized such that the billing categories correspond with the scope of service tasks.

A general summary of activities occurring during the invoice period will be submitted along with the invoice. Detailed written monthly progress reports for the project will be prepared as described in Task 3 and are not included in the scope for this subtask.

2.4 – Processing Progress Payments
The CM shall advise the contractor of the City’s schedule for processing progress payments and verify quantity and completeness of work. The CM shall verify quantity and acceptability of stored materials. The CM will handle administrations, review and submittal to the City of the monthly progress payments with a recommendation stating the proper amount for payment.

2.5 – Communications and Coordination
 Weekly Progress Reports – Project Summary, Issues and Resolutions, Daily Work Performed, Financials, Schedule, Photos
 Monthly Progress Reports – Summary of construction activities completed and activities for following period, updated schedule and summary of changes, key issues and resolutions, summary of change orders, potential change orders, submittals, RFIs, discrepancy log, financials, and photos.

Exhibit A - 2 City of Modesto
Dr. Martin Luther King Jr. Park Renovation
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 Weekly Construction Progress Meetings
 Document and issue communications to address field issues

2.6 – Onsite Inspection and Photo and Video Documentation  Pre-construction photo and video survey
 Daily Construction Inspection Reporting
 Certification of equipment installations
 Identification and reporting of deficient work
 Non-conformance notifications to contractor for deficient work  Post-construction photo and video survey

2.7 – Submittal Review and Management
 Prepare a log of anticipated submittals
 Submittal Tracking
 Maintenance of Submittal log and weekly reporting of submittal status  Check submittals for general conformity with the contract requirements  Routing of submittals to City and designer for review  Identification of equipment substitutions
 Request and review of training plans
 Request and review of Startup and Commissioning plans

2.8 – Request for Information Management (RFIs)
 Tracking of all RFIs and coordination of RFIs with Potential Change Orders (PCOs)

2.9 – Change Order Management
 Track all extra work items with Potential Change Order (PCO) system  Review and documentation of all change orders

2.10 – Claims Review and Analysis
 Track and review all claims received
 Prepare proper claim notification
 Development of claims response strategy
 Review and analyze all claims for merit and entitlement

2.11 – Inspection and Observation Services
 Daily construction inspection and provide daily reports  Identify need for and contract for Special Inspection Services  Issue Field Memos
Exhibit A - 3 City of Modesto
Dr. Martin Luther King Jr. Park Renovation
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 Log all tests required by specifications
 Coordinate with design engineer to visit site to provide field consultation to address design intent, interface issues, proposed layouts and other relevant technical issues

2.12 – Record Drawings
Confirm on a monthly basis that the Contractor is maintaining up-to-date marked up prints of construction drawings and documents showing all field changes and as-built conditions.

Maintain the same drawings and documents in the construction field office.

2.13 – Start-Up and Commissioning Support
 Facilitate planning required to schedule, sequence and define activities to test, startup and commission the facility
 Schedule training and assist where required
 Schedule coordination meetings

2.14 – Project Closeout Services
 Punchlist completion
 Stop notice and claims review
 Warranties and guarantees
 Project file hand over
Exhibit A - 4 City of Modesto
Dr. Martin Luther King Jr. Park Renovation
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Cost of Services Worksheet April 15, 2025
Project Schedule
Oct Nov Dec Jan Feb Mar Apr May Jun Jul Aug Sep Oct
Calendar days 31 30 31 31 28 31 30 31 30 31 31 30 31 Estimated Prof. Svcs NTP: October 1, 2025 Work days 22 17 17 19 19 22 22 21 21 22 21 21 23 Estimated Substantial PHASE 1: PRE-CONSTRUCTION 10 166 Completion (Construction): September 30, 2026PHASE 2: CONSTRUCTION 220 255 255 285 285 330 330 315 315 330 315 315PHASE 3: POST CONSTRUCTION 10 120 Estimated Manhours: 3,616Position Name Rate Oct Nov Dec Jan Feb Mar Apr May Jun Jul Aug Sep Oct Hours ACM/ Sr Inspector (Non-PW Duties) Justin Wehling $ 218.16 30 30 $ 6,544.80OE./ RE (Non-PW Duties) Ben Orejel $ 218.86 120 120 $ 26,263.20* Inspector (NPW) Fred Saavedra $ 142.98 16 16 $ 2,287.68 $ 35,095.68
$ 35,095.68
ACM/ Sr Inspector (Non-PW Duties) Justin Wehling $ 218.16 34 34 38 38 44 44 42 42 44 42 42 444 $ 96,863.04OE./ RE (Non-PW Duties) Ben Orejel $ 218.86 68 68 76 76 88 88 84 84 88 84 84 888 $ 194,347.68* Inspector (Day ST) Fred Saavedra $ 224.19 136 136 152 152 176 176 168 168 176 168 168 1,776 $ 398,161.44* Inspector (Day OT) Fred Saavedra $ 253.58 17 17 19 19 22 22 21 21 22 21 21 222 $ 56,294.76 $ 745,666.92
Subconsultant: Materials Testing Terracon $62,555.00 NTE $ 62,555.00Subconsultant : Public Outreach Aim Consulting $45,353.84 NTE $ 45,353.84Subconsultant : Time Lapped Photos Truelook Camera $9,980.67 NTE $ 9,980.67Subconsultant Markup 5% $ 5,894.48 $ 123,783.99
$ 869,450.91
ACM/ Sr Inspector (Non-PW Duties) Justin Wehling $ 218.16 40 40 $ 8,726.40OE./ RE (Non-PW Duties) Ben Orejel $ 218.86 40 40 $ 8,754.40* Inspector (NPW) Fred Saavedra $ 142.98 40 40 $ 5,719.20 $ 23,200.00
Vehicles Allowance $5.48 166 255 255 285 285 330 330 315 315 330 315 315 120 3,616 $ 19,815.68 $ 19,815.68
$ 19,815.68
TOTAL OF CONTRACT $ 947,562.27
SUBTOTAL: SUBCONSULTANTS
SUBTOTAL PHASE 2: CONSTRUCTION:

PHASE 3: POST CONSTRUCTION
City of Modesto | Construction Management andInspection Services for the Martin Luther King Jr Park Renovation SUBTOTAL PHASE 3: POST CONSTRUCTION:

ODC's
SUBTOTAL ODC's:

SUBTOTAL: LABOR
SUBTOTAL PHASE 1: PRE-CONSTRUCTION:

Totals
PHASE 1: PRE-CONSTRUCTION
2025 2026
PHASE 2: CONSTRUCTION
SUBTOTAL: LABOR
TRC Engineers, Inc. 1 of 2
EXHIBIT B #1..
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City of Modesto | Construction Management and
Inspection Services for the Martin Luther King Jr Park Renovation Notes and Assumptions:• Fees are based on 220 day construction duration with professional services NTP anticipated in October 2025. • Should the actual schedule require more or less professional services than proposed adjustments to this estimate may be required. • Client will be billed only for hours worked. Night work and Overtime will be billed at a pro-rata adjusted rate. 3% annual escalation effective every July 1st. • Unless otherwise noted, above rates are straight-time rates. Overtime, rain, holidays and potential time extensions or delays may result in additional professional services. • Wages for inspection subject to Calif. Labor Code Section 1772. Rates are based on DIR Prevailing Wage Determination NC-63-3-9-2024-1 TRC will pay and bill accordingly. * Denotes employees/classifications that are subject to prevailing wage.

Full set of Inspector Bill Rates: Name Shift
Construction Manager NPW
Day

RE/OE NPW
Day
Inspector (Group 1) Day
Night
NPW
N/A
$ 303.05$ 282.96
$ 260.96
$ 309.42
N/A
$ 218.16$ 218.16$ 218.86$ 218.86$ 224.19$ 243.30$ 142.98 N/A
$ 253.58$ 276.36
N/A
N/A
$ 259.61
ST OT
$ 230.23
N/A
Fred Saavedra
Justin Wehling
Ben Orejel
DT
TRC Engineers, Inc. 2 of 2
EXHIBIT B #1..
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Exhibit C - 1 City of Modesto
Dr. Martin Luther King Jr. Park Renovation
EXHIBIT C – Insurance Requirements for Professional Services Consultant 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 Consultant his agents, representatives, employees or subconsultants.

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 consultant 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 consultant. 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 Consultant 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 non-contributory, 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 Consultant’s primary and excess liability policies are exhausted.
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Exhibit C - 2 City of Modesto
Dr. Martin Luther King Jr. Park Renovation
The insurance policies are to contain, or be endorsed to contain, the following provisions:

Additional Insured Status
The City of Modesto, its officers, officials, employees, 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 Consultant 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 Consultant’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 Consultant’s policy shall be “primary and noncontributory” 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 Consultant’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
Except for Professional Liability Insurance Consultant hereby grants to City of Modesto a waiver of any right to subrogation which any insurer of said Consultant may acquire against the City of Modesto by virtue of the payment of any loss under such insurance. Consultant 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 Consultant to purchase coverage with a lower retention or provide proof of the 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 consultant or subconsultant 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:
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Exhibit C - 3 City of Modesto
Dr. Martin Luther King Jr. Park Renovation

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.

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 Consultant must purchase “extended reporting” coverage for a minimum of five (5) years after completion of work.

Verification of Coverage
Consultant shall furnish the City of Modesto with original certificates and amendatory endorsements or copies of the applicable policy language affecting 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 Consultant’s obligation to provide them. The City of Modesto reserves the right to require redacted copies of Declaration Pages of all required insurance policies, including endorsements required by these specifications, at any time.. Failure to exercise this right shall not constitute a waiver of right to exercise later.

Subconsultants
Consultants shall require and verify that all subconsultants, 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 subconsultant’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 and Consultants shall be reimbursed for any increased premiums for such added coverage.

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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FINANCIAL INTEREST DISCLOSURE FORM
Any contract award to result from this RFP process and Proposer’s submission of a Proposal therewith will require approval by a majority vote of the City of Modesto’s City Council. In order to have full transparency in any City of Modesto commercial actions, the City Council may not approve an agreement between the City and the Proposer until all persons with a direct or indirect financial interest of greater than $2,000 in the Proposer are identified by name.

Proposer must therefore complete this Financial Interest Disclosure Form, listing by name all parties that have a material financial interest in the agreement, contract or development right.

PLEASE NOTE, any Council action that requires a Financial Interest Disclosure cannot be considered by the City Council until the required reporting is made. That means that City Council agenda items without the disclosure will be removed from the Council agenda.

Financial Interest Disclosure to City of Modesto
Proposer shall identify any person with a financial interest in the Proposer by name, below.

For the purposes of this disclosure, a “Financial Interest” shall have the meaning contained in Modesto Municipal Code section 2-10.02.

Persons having an aggregate economic interest in the Proposer less than two thousand dollars ($2,000.00) at all times prior to final Council action of the proposed contract are not required to be listed on the Financial Interest Disclosure.

Notwithstanding the foregoing, a Financial Interest Disclosure is not required for a Proposer meeting the financial criteria for listing on the New York or the Pacific Stock exchanges unless it is reasonably foreseeable that a City Council decision will increase or decrease that entity's gross revenues or expenses by one million dollars ($1,000,000) or more and the requirements of Modesto Municipal Code Section 2-

10.03(h) are satisfied.

It is the legal obligation of all applicants for approval of an agreement or of an application for development rights to verify in writing, under penalty of perjury, that the identity of each person having a material financial interest in the Proposer is true, correct and complete. By signing below, the applicant understands that this information is provided under penalty of perjury, and that intentionally supplying misinformation or deception may result in either invalidation of the agreement or application, or criminal prosecution for misdemeanor violation of the Modesto Municipal Code, or both. Negligent provision of misinformation shall be grounds for invalidation. In accordance with the Modesto Municipal Code, each applicant has a continuing obligation to maintain the truth, accuracy and completeness of the financial interest disclosure information provided below until after final consideration by the City Council of any matter arising out of or relating to the agreement or application.
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Print Names of Persons Having a Financial Interest in Proposer Receiving this Agreement:

First Name, Last Name
First Name, Last Name
First Name, Last Name
First Name, Last Name
First Name, Last Name
First Name, Last Name
First Name, Last Name
First Name, Last Name
First Name, Last Name
First Name, Last Name
First Name, Last Name
First Name, Last Name
First Name, Last Name
First Name, Last Name
First Name, Last Name
By signing this document, I agree to the information contained within.

Proposer Company Name:

Name of Proposer Signatory:

Signature of Proposer Representative:

N/A
TRC Engineers, Inc.

Lincoln Leaman, PE
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California Levine Act Disclosure
California City
if
and for . .
-
ity

1. ity
contract?
___ YES ___ 2.
ity
___ YES ___
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may
ity _________________ _____________________________ Date _____________________________ TRC Engineers, Inc.

April 15, 2025
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FIRST AMENDMENT TO AGREEMENT FOR CONSULTANT SERVICES WITH CALLANDER ASSOCIATES LANDSCAPE ARCHITECTURE, INC. FOR THE DR. MARTIN LUTHER KING JR. PARK RENOVATION PROJECT
This First Amendment to Agreement for Consultant Services (“First Amendment”) is made by and between the CITY OF MODESTO (“City”) and CALLANDER ASSOCIATES LANDSCAPE ARCHITECTURE, INC. (“Consultant”) on this _____ day of ______________, 2025 (Effective Date).

RECITALS
This First Amendment is made with regard to the following recitals:

A. City and Consultant entered into an Agreement for Consultant Services for the Dr. Martin Luther King Jr. Park Renovation Project on May 2, 2023, approved via Council Resolution No. 2023-199 (the “Original Agreement”); and B. Paragraph no. 9 “AMENDMENTS” on page 6-7 of the Original Agreement states “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”; and C. Paragraph no. 3 “COMPENSATION” on pages 2-4 of the Original Agreement for Consultant Services specifies the sum of SIX HUNDRED EIGHTY-FOUR THOUSAND NINE HUNDRED TWENTY-SEVEN AND 00/100 DOLLARS ($684,927.00) as the total compensation Consultant agrees to accept for performing all services and furnishing all staffing and materials for the project as well as performance by Consultant of all of its duties and obligations required in the Original Agreement, except that additional services may be compensated as described below. Additional Services may be authorized by the Department Director in an amount up to, but not to exceed, 10% of the agreed maximum compensation, or #1..
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SIXTY-EIGHT THOUSAND FOUR HUNDRED NINTEY-TWO AND 00/100 DOLLARS ($68,492). In that event, the new total compensation shall not exceed SEVEN HUNDRED FIFTY-THREE THOUSAND FOUR HUNDRED NINETEEN AND 00/100 DOLLARS ($753,419.00); and
D. On April 13, 2025, at the City’s request, Consultant submitted to City a budget augmentation for an additional task in excess of the $68,492.00 authorized in the Original Agreement, attached hereto as Exhibit “A-1” to this First Amendment; and E. The estimated additional task results in increased costs as follows:

1. Expanded Construction Support (Task #3): Additional Services for Continued Support during the Construction Phase of the Project - $20,000.00; and F. The aforementioned estimated additional task increases the amount of the Original Agreement by TWENTY THOUSAND AND 00/100 DOLLARS ($20,000.00). The amount listed above is the estimated level of effort for the task. In no case shall the total fee exceed the total contract amount under the Original Agreement and this First Amendment to Agreement without memorializing an additional written amendment to the Original Agreement and must be signed by both parties; and
G. The parties to the Original Agreement and to this First Amendment now understand and agree that it is necessary to modify paragraph no. 1 entitled “SCOPE OF SERVICES” on page 1 of the Original Agreement; and
H. The parties to the Original Agreement and to this First Amendment now understand and agree it is necessary to modify paragraph no. 3 entitled “COMPENSATION” on pages 2-4 of the Original Agreement; and
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I. The parties to the Original Agreement and to this First Amendment further understand and agree the Original Agreement is modified solely by the modifications contained in this First Amendment and in no other way whatsoever. All other terms and conditions contained in the Original Agreement remain the same; and NOW, THEREFORE, in consideration of the mutual covenants, promises and agreements contained herein, the parties mutually agree and covenant as follows:

1. The parties agree that each of the recitals set out above is factually true and correct.

2. Exhibits A-1 and B-1, attached hereto, are hereby incorporated and made a part of the Original Agreement by this reference.

3. Section 1 entitled “SCOPE OF SERVICES” of the Original Agreement shall be deleted in its entirety and replaced with the following:

SCOPE OF SERVICES.

Consultant shall undertake and complete the preparation of the scope of work as set forth and described in the documents attached to the Agreement and referred to as Exhibit “A” or “Project”. In addition, Consultant shall undertake and complete the preparation of the scope of work as set forth and described in Exhibit “A-1”. The Consultant shall perform the services as described in Exhibit “A” and Exhibit “A-1” in a manner compatible with the standards of its profession and shall produce a fully complete project that is acceptable to City.

4. Section no. 3 entitled “COMPENSATION” of the Original Agreement between the parties shall be deleted in its entirety and replaced with the following:

COMPENSATION.
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Consultant agrees to accept a sum not to exceed SEVEN HUNDRED FOUR THOUSAND NINE HUNDRED TWENTY SEVEN AND 00/100 DOLLARS ($704,927.00), (maximum compensation) as full remuneration for performing all services and furnishing all staffing and materials in accordance with Exhibit “A” and Exhibit “A-1” attached hereto and for performance by Consultant of all of its duties and obligations under this Agreement and the First Amendment, except that additional services may be compensated as described below.

The compensation shall be paid pursuant to 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" and Exhibit “A-1”. All future work to be performed under this Agreement shall be billed at the hourly rates set forth in Exhibit "B-1" 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-ofpocket costs paid by Consultant in connection with work performed on this project.

No retainage will be withheld by City from progress payments due the Consultant. Retainage by the Consultant or subconsultants is prohibited, and no retainage will be held by the Consultant from progress due subconsultants. Any violation of this provision shall subject the violating Consultant or subconsultants to the penalties, sanctions, and other remedies specified in Section 7108.5 of the California Business and Professions Code. This requirement shall not be construed to limit or impair any contractual, administrative, or judicial remedies, otherwise available to the Consultant or subconsultant in the event of a dispute involving late payment or nonpayment by the Consultant or deficient subconsultant performance, or #1..
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noncompliance by a subconsultant. This provision applies to both DBE and non-DBE Consultants and subconsultants.

Reimbursable Expenses including all printing and reproduction, travel, vehicle mileage, delivery and horticultural soils samples expenses will be billed at cost plus 15%. The total cost for all reimbursable expenses for the Project shall not exceed $26,965 and is included in the not to exceed figure of $704,927. It is the responsibility of the Consultant to manage reimbursable expenses to ensure that they do not exceed this budget. Reimbursable expenses shall be invoice to the City by monthly invoices and shall itemize the reimbursable expenses incurred during the preceding month and indicate the amount due.

Additional services may be authorized by the Department Director in an amount up to, but not to exceed SIXTY-EIGHT THOUSAND FOUR HUNDRED NINETYTWO AND 00/100 DOLLARS ($68,492.00). In the event that additional services are deemed necessary, the Consultant shall provide a written request to the Department Director, or designee, indicating the reason for additional work, scope and cost of such work. The Department Director, or designee, shall provide a written response to the request, either approving or denying the additional expenditure. If future additional services are requested and approved, they will be billed at the hourly rates set forth in Exhibit “B-1” and may not exceed the amount requested and approved in writing by the Department Director. In that event, the new total compensation shall not exceed SEVEN HUNDRED SEVENTY-THREE THOUSAND FOUR HUNDRED NINETEEN AND 00/100 DOLLARS ($773,419.00). 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 the Agreement.
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5. Section 2 entitled “TERM OF AGREEMENT”, of the Original Agreement shall be deleted in its entirety and replaced with the following:

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 Exhibit “A-1” 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" and Exhibit “A-1”, as of the Effective Date of this agreement. Consultant shall diligently proceed with the Professional Design Consulting Services of the Project until the completion of items shown in Exhibit “A” and Exhibit “A-1”.

6. Except as herein amended or modified, the provisions of the Original Agreement are expressly reaffirmed and remain in full force and effect to the extent they are not in conflict with this First Amendment.
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IN WITNESS WHEREOF, CITY OF MODESTO, a municipal corporation, has authorized the execution of this First Amendment in duplicate by its City Manager and attestation by its City Clerk under authority of Resolution No. , adopted by the Council of the City of Modesto on the ____ day of ___________, 2025, and CALLANDER ASSOCIATES LANDSCAPE ARCHITECTURE, INC. has caused this First Amendment to be duly executed as of the Effective date.
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www.callanderassociates.com

BURLINGAME GOLD RIVER SAN JOSE
1633 Bayshore Highway, Suite 133 12150 Tributary Point Drive, Suite 140 2025 Gateway Place, Suite 285 Burlingame, CA 94010 Gold River, CA 95670 San Jose, CA 95110 650.375.1313 916.985.4366 408.275.0565
23023_ASA5_ExpandedConstructionSupport.do

Recreate
Educate
Live+Work
Connect
Sustain April 13, 2025
ADDITIONAL SERVICES AUTHORIZATION #5
TO: Jason Ortega
City of Modesto Parks, Recreation & Neighborhoods Department 1010 10th St #4400,
Modesto, CA 95354

RE: DR. MARTIN LUTHER KING JR. PARK RENOVATION/ ASA#5 – Expanded Construction Support
The following additional services will be provided on this project in accordance with our agreement dated May 2, 2023 and are considered an amendment thereto:

Scope

1. Expanded Construction Support Budget: Amend Task#3 budget by $20,000 to allow continued support services during the construction phase of the project.

Compensation

1. Expanded Construction Support:

Expanded Construction Support (Task #3) ............................................ $20,000

Total Increase to Task #3 Budget ............................................................ $20,000 Schedule
Callander Associates will proceed to commence the above services upon receipt of a signed copy of this authorization.

Signatures
Callander Associates Landscape
Architecture, Inc.

Agreed and authorized to proceed for:

City of Modesto

Daniel C. Miller, PLA, ASLA,
Senior Associate
Signature date
Name & Title
Notice: Landscape architects are licensed by the State of California.

Terms and conditions are subject to change after ninety days. #1..
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Engineering Services Department
Parks Planning & Development Division
1010 Tenth Street, Suite 4400
Modesto, California 95354
209.577.5344
Modestogov.com
Exhibit “B-1”

HOURLY RATES

CONSTRUCTION DOCUMENTATION
FOR THE DR. MARTIN LUTHER KING JR. PARK PROJECT
The following hourly rates will be used for billable hours within this Agreement effective at the time of approval of the First Amendment of Agreement.

Callander Associates
Landscape Architect
Principal $227 / hour
Senior Associate $211 / hour
Associate $196 / hour
Arborist/Construction Manager $196 / hour
Senior Project Manager $182 / hour
Project Manager 1 $167 / hour
Project Manager 2 $160 / hour
Job Captain $144 / hour
Designer 1 $134 / hour
Designer 2 $125 / hour
Assistant Designer $111 / hour
Accounting $195 / hour
Senior Project Administrator $145 / hour
Project Administrator $130 / hour
Reimbursable Expenses Rates
Expenses: printing and reproductions,
postage and delivery, mileage, travel
expenses (hotel /
food), testing and outside services, and other
project related expenses
cost + 15%
Communications and Insurance Surcharge 2.5% of total fees Subconsultant Administration 10% of Subconsultant Costs #1..
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LDA Partners
Architect
Principal Architect $275/ hour
Project Manager/ Architect $250/ hour
Planner $225/ hour
Designer / Interior $200/ hour
Job Captain $175/ hour
Draftsperson $155/ hour
Clerical/Staff $90/ hour
Hawkins & Associates
Civil Engineering
Land Planning $225 / hour
Senior Civil Engineer $225 / hour
Associate Civil Engineer $185 / hour
Project Manager $150 / hour
Project Designer $130 / hour
Design Technician $95 / hour
Clerical $60 / hour
AutoCAD Draftsman $85 / hour
Land Surveyor $225 / hour
Assistant Surveyor $150 / hour
Survey Project Manager $130 / hour
Survey Party Chief $100 / hour
Survey Technician $80 / hour
Survey Party Chief with Rover $140 / hour
Administration $75 / hour
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Capital Engineering
Electrical Engineering
Sr. Principal $275 / hour
Principal $250 / hour
Director $240 / hour
Sr. Project Manager $230 / hour
Project Manager $220 / hour
Field Services $214 / hour
Senior Engineer $195 / hour
Engineer $178 / hour
Senior Designer $165 / hour
Designer $153 / hour
Technician / CADD $141 / hour
Intern $130 / hour
Project Administrator $120 / hour
Sr. Admin. $83 / hour
Clerical / Admin. $67 / hour
Geocon
Geotechnical Engineering
Engineering Field Technician/Special Inspector I* $90 / hour Engineering Field Technician/Special Inspector II* $100 / hour Engineering Field Technician/Special Inspector
III/NDT Technician/Equipment Operator*
$110 / hour
Laboratory Technician/Engineering Assistant $100 / hour Senior Laboratory Technician $125 / hour
Laboratory Supervisor $160 / hour
Administrative Assistant/Word Processor/Technical
Editor/Dispatcher
$100 / hour
Technical Illustrator/ CAD/Drafter/GIS Specialist $125 / hour.

Staff Engineer/Geologist/Scientist/Field Supervisor* $140 / hour. #1..
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Senior Staff Engineer/Geologist/Scientist* $150 / hour.

Project Engineer/Geologist/Scientist/Construction
Supervisor*
$160 / hour.

Senior Project Engineer/Geologist/Scientist* $175 / hour.

Senior Engineer/Geologist/Scientist/Certified
Industrial Hygienist
$190 / hour.

Principal Engineer/Geologist/Scientist $215 / hour.

Senior Principal
Engineer/Geologist/Scientist/Litigation Support .
$250 / hour.

Deposition or Court Appearance . $450 / hour
Attorney Fees (General) $450 / hour.

Overtime (>8 to 12 hrs.), Saturday, and Night Rate 1.5x Regular Hourly Rate Overtime (>12 hrs.), Sunday, and Holiday Rate 2x Regular Hourly Rate Minimum Field Services Fee (per day or call-out) 4 Hours (Day) / 8 Hours (Night) Short Notice Cancellation Fee (after 4 PM the day
prior or upon/after arrival to project site)
4 Hours (Day) / 8 Hours (Night)
* Hourly Surcharge for Prevailing Wage (PW) per
California Labor Code §1720, et seq.
$50 / hour
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CITY OF MODESTO,
a municipal corporation
BY: ____________________________
JOSEPH P. LOPEZ, City Manager
ATTEST:
(Seal)
BY: ____________________________

DIANE NAYARES-PEREZ, CMC,
City Clerk
________________________________
BY: ____________________________
By _____________________________
Name Title
BY: ____________________________
By _____________________________
Name Title
APPROVED AS TO FORM:

BY: ____________________________
JOSE M. SANCHEZ, City Attorney
APPROVED AS TO FORM:

BY: ____________________________
JOE F. RODRIGUEZ, Risk Manager
Federal ID # ___________
DocuSign Envelope ID: 81CD5574-025B-4EE3-983B-774F3E7DA87E Callandar Associates Landscape Architecture Inc.

Benjamin W.Woodside
943349947
Vice President
Melissa Ruth Secretary
5/10/2023
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California Levine Act Disclosure
California Government Code Section 84308, also known as the "Levine Act", prohibits City “officers” from participating in any action related to a license, permit, or other entitlement for use (a “proceeding”) if such member accepts, solicits, or directs political contributions from a party to the proceeding or their agent totaling more than $500 while the proceeding is pending before the agency, and for twelve (12) months following the date a decision concerning the proceeding has been made. The Levine Act also requires disclosure of such contribution by a party to the proceeding.

Section 84308(a)(4) of the Levine Act defines an "officer" as follows: “Officer” means any elected or appointed officer of an agency, any alternate to an elected or appointed officer of an agency, and any candidate for elective office in an agency. The term “officer” is further defined 2 Cal. Code Regs. Section 18438.1, which states:

An officer of an agency includes only those persons who make, participate in making, or in any way attempt to use their official position to influence a decision in the license, permit, or entitlement for use proceeding, or who exercise authority or budgetary control over the agency of officers who may do so, and:
(1) Serve in an elected position, including an official appointed to an elected position due to an interim vacancy or an election otherwise canceled because the official was the sole candidate for the position; (2) Serve as a member of a board or commission;
(3) Serve as the chief executive of a state agency, or county, city or district of any kind; or (4)Have decision making authority with respect to the proceeding involving a license, permit, or other entitlement for use and is also a candidate for elected office or has been a candidate for elective office in the 12 months prior to the proceeding.

A list of Modesto City Council Board Members can be found online at: Modesto City Council https://modestogov.com/706/Council-Members (modestogov.com). The party making this certification is responsible for determining whether a recipient of a political contribution is a City officer prior to answering the following questions:

1. Have you, your company, or any agent on behalf of you or your company, made any political contributions of more than $500 to any City officer, in the twelve (12) months preceding the date of the submission of your proposals or the anticipated date of any Council action related to this contract?
___ YES If yes, please identify the Councilmember(s):
___ NO

2. Do you, or your company, or any agent on behalf of you or your company, anticipate or plan to make any political contribution of more than $500 to any City officer in the twelve (12) months following any Council action related to this contract?
___ YES If yes, please identify the Councilmember(s):
___ NO
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Answering YES to either of the questions above does not preclude the City of Modesto from awarding a contract to your firm or taking any subsequent action related to the contract. It may, however, preclude the identified City officer from participating in any actions related to such contract.

HEREBY CERTIFY UNDER PENALTY OF PERJURY UNDER THE LAWS OF THE STATE OF CALIFORNIA THAT THE FOREGOING IS TRUE AND CORRECT.
_________________ _____________________________
Date Signature of authorized individual
_____________________________
Company/Applicant Name
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CITY OF MODESTO

COMMITTEE AGENDA REPORT
DATE OF MEETING:

June 9, 2025
Date: May 8, 2025
TO: Safety and Communities Committee
Jeremiah Williams, Chair
Chris Ricci, Vice-Chair
Rosa Escutia-Braaton, Member
THROUGH: Joseph P. Lopez, City Manager
FROM: Jessica Hill, Director of Community and Economic Development SUBJECT: Award to Alta Planning and Design, Inc. for RFP No. 2425-28 (Design & Development of 9th and I Street)
CONTACT: Edgar Garcia, Community Development Manager
[email protected], 209-577-5211
DESCRIPTION:

Consider the Agreement for the Design and Development of 9th & I Street to Alta Planning and Design, Inc., Oakland CA for a total amount not to exceed $3,597,937 and forwarding to Council for approval. (Funding Source: Measure L)
STRATEGIC PLAN ELEMENT:

The recommended action supports the City Council’s 2025-2026 Strategic Plan, Goal D:

Provide Safe, Efficient, and Reliable Infrastructure through proactive community investment, maintenance, and sustainability efforts.

BACKGROUND:

On December 15, 2022, the State of California’s Round 7 issued a Notice of Funding Availability (NOFA) for $750 million in funding under the Affordable Housing and Sustainability Community Grant (AHSC) program. The City and Visionary Home Builders (VHB) submitted a joint application for this project that will also include transportation related infrastructure improvements along 9th Street connecting to the proposed bike network at L street to I Street in front of the Transit Center and down I Street. These improvements include various transit related improvements with the local bus system to create more pedestrian friendly routes in and around the Transit Center as well as at retail centers in the area; and the purchase of an Altamont Corridor Express (ACE) engine. These items are implementing of key areas highlighted within the City’s Downtown Master Plan.

On September 12, 2023, by Resolution No. 2023-421, City Council accepted the award from the joint submission between the City of Modesto and Visionary Home Builders of California, Inc. for #2..
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Safety and Communities Committee, June 9, 2025
Award to Alta Planning and Design, Inc. for RFP No. 2425-28 (Design & Development of 9th and I Street)

a State of California’s Affordable Housing and Sustainability Program in an amount of $33,010,880 for the development of Seventh Street Village of which $9,000,000 is granted to the City for the required transportation improvements that includes Class I and Class IV Bike Path Project between 9th Street and 7th Street will construct approximately one mile of bike path through an urban downtown environment.

On November 7, 2024, the City Manager authorized an RFP for the Design and Development of 9th and I Street Class I and Class IV Bike Paths. On November 13, 2024, the City of Modesto issued Request for Proposals (RFP) No. 2425-28 for the design and development of the 9th and I Street improvements.

DISCUSSION:

On October 30, 2024, the City issued the Authorization to Purchase (ATP), and subsequently The Request for Proposals (RFP) No. 2425-28 for the Design and Development for 9th & I Street was released and had a formal submission deadline of January 28, 2025. The City received two proposals and an interdepartmental review panel evaluated and scored both submissions based on the criteria outlined in the RFP, including qualifications, relevant experience, proposed work plan, project understanding. After careful evaluation and an interview, Alta Planning and Design, Inc. was selected for an intent to award, having demonstrated the highest level of experience and qualifications to successfully complete the project in alignment with the City’s goals and the requirements of the RFP.

Proposed Project
This project will encompass the design, planning, and permit coordination for transportation improvements in alignment with the Downtown Master Plan, and the City partnership for the Affordable Housing and Sustainable Community Grant. These Design elements include the following and are further detailed within Attachment 2 – Scope of Work.  Bike Lane improvements along 9th street connecting to the proposed bike network connecting at L Street to I Street in front of the Transit Center and down I Street. These improvements include a new bike path and sidewalks with greening improvements such as shade trees.
 Rehabilitate pavement and provide Americans with Disabilities Act (ADA) upgrades, traffic signal modifications for the proposed bike path along 9th Street between L Street and I Street as well as I Street between 6th Street and 16th Street.  Improvements on 9th and I streets, include resurfacing pavement installation of new signage (if needed), remove and replace striping, provide ADA upgrades, improve/modify storm drainage systems (if needed for ADA compliance), provide vehicle detection upgrades (video-radar cameras) and signal modifications at signalized intersections.
 Improvements on I Street between 6th and 16th Street intends to utilize a “mill and fill”, install rubber chip seal as an interlayer then overlay with RHMA-G (1/2”), followed by restripping and signage replacement, installation of vehicle detection cameras at nine (9) intersections and installation of bicycle signals at nine (9) intersections.  Connection to Virginia Corridor from 9th Street bike path network.  Implementing protected bikeways, high-visibility crosswalks, bulb-outs (curb extensions), intersection modifications/safety lighting, median improvements, upgraded landscaping and lighting.
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Safety and Communities Committee, June 9, 2025
Award to Alta Planning and Design, Inc. for RFP No. 2425-28 (Design & Development of 9th and I Street)

 Sidewalk improvements on 7th, 8th, and F streets for a total of 1000 linear feet of new sidewalks and 1000ft of improved sidewalk infrastructure.  In collaboration with Stanislaus Regional Transit Authority there will be a reconfiguration of Route 21 and enhanced bus transportation through bus shelters and /or bulb-outs along this route.

Modesto Municipal Code Section 8-3.203 generally requires all purchases, which meet or exceed $100,000 for material, equipment, or contractual services to follow the formal bid procedures. An Award of Proposal and Agreement for design, planning, and permitting coordination for the 9th and I Street for Community and Economic Development use to Alta Planning + Design, Inc., of Oakland, CA, conforms to the Modesto Municipal Code because the City complied with the formal bid procedures and Alta Planning + Design, Inc. was the highest ranked proposal based on the evaluation criteria.

FISCAL IMPACT:

The funding for the Design, Planning, and Permit Coordination for this proposal is budgeted under CIP# 101595 with Measure L funding. There is sufficient funding within this project for the Proposed contract with Alta Planning and Design, Inc and there is no impact to the General Fund.

RECOMMENDED COMMITTEE ACTION:

Staff Recommendations:

Motion recommending an Agreement for the Design and Development of 9th & I Street to Alta Planning and Design, Inc., Oakland, CA for a total amount not to exceed $3,597,937 and forwarding to Council for approval.

Approved by:

Jessica Hill, Director of Community
and Economic Development
Joseph P. Lopez, City Manager
Proposed Scope and Budget
Item No. Item Description Unit Price
1 Project Management $318,959
2 Data Gathering & Concept Design $708,601
3 35% Preliminary Engineering $490,944
4 Technical Plans and Reports (PS&E) $1,584,326
5 Develop Construction Bid Documents $343,032
6 Construction Management and Final Project Delivery $102,075 7 Additional Technical Assistance at City’s Request $50,000 8 Total $3,597,937
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Safety and Communities Committee, June 9, 2025
Award to Alta Planning and Design, Inc. for RFP No. 2425-28 (Design & Development of 9th and I Street)

Attachments:

1. Agreement

2. Scope of Work

3. Pricing Schedule

4. Levine Act Disclosure

5. Authority to Purchase - Executed
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1 STANDARD AGREEMENT

FOR CONSULTANT SERVICES
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 Alta Planning and Design, Inc., a California corporation, hereinafter referred to as "CONSULTANT".

This AGREEMENT is made with regard to the following recitals:
a. The CITY has determined that there is need for a firm to assist in the design, permitting coordination, and community engagement for the 9th and I Street Class I and Class IV Bike Paths, Virginia Corridor (7th, 8th, F, and G streets), Sidewalk (7th, 8th, F, and G streets), and Route 21 Bus Bulb Outs.
b. CONSULTANT represents that it is qualified, willing, and able to provide the services to prepare said document(s).

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

1. SCOPE OF SERVICES.

CONSULTANT shall undertake and complete the preparation of the scope of work as set forth and described in the documents attached hereto and referred to as Exhibit (A) or “Project”. The CONSULTANT shall perform the services as described in Exhibit (A) in a manner compatible with the standards of its profession and shall produce a fully complete project that is acceptable to the CITY.

2. TERM OF AGREEMENT.

This AGREEMENT is effective as of the date first written above and will continue in effect until Project completion unless terminated earlier in accordance with the provisions of the termination clause in this Agreement.
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2 Pricing shall remain firm for the first two (2) years of the agreement.

Price increases for subsequent AGREEMENT years, shall not exceed the Consumer Price Index (CPI) for West Urban Area in any one AGREEMENT year and shall be negotiated through the Purchasing Division. Requests for price increases shall be submitted by CONSULTANT in writing, ninety (90) days prior to the annual anniversary date of the AGREEMENT to be effective for the subsequent year.

3. COMPENSATION.

CONSULTANT agrees to accept a sum not to exceed $3,597,937 (maximum compensation) as full remuneration for performing all services and furnishing all staffing and materials for CITY in accordance with Exhibit (A).

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 reimbursable expenses paid by CONSULTANT and identified in Exhibit (B)or approved by the CITY in writing.

CITY shall pay CONSULTANT “Net 30 terms via CITY’s ePay Program”

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 current, generally accepted, and professional practices consistent with the professional skill and care ordinarily provided by consultants #2..
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3 practicing in the same or similar locality under the same or similar circumstances 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 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 percent ( %) 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 AGREEMENT without the express prior written consent of CITY.

CONSULTANT shall have the right to include photographic or artistic representations of the design of the Project among CONSULTANT’s promotional and professional materials.

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 AGREEMENT. It is understood and agreed that the documents and other materials, including but not limited to those described above, prepared #2..
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4 pursuant to this AGREEMENT are prepared specifically for the CITY and are not necessarily suitable for any future or other use. In the event of any CONSULTANT’s documents are subsequently modified in any respect without CONSULTANT's involvement and oversight, the CITY hereby agrees to release, indemnify, and hold CONSULTANT, its officers, employees, and consultants harmless against any claims or damages arising from the modification of said documents.

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

7. NEWS AND INFORMATION RELEASE.

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

8. CONFLICT OF INTEREST.

CONSULTANT warrants that it presently has no interest and shall not acquire any interest, direct or indirect, which would create a “conflict of interest”, as that term is defined in the Political Reform Act (Gov. Code § 81000 et seq), for the CONSULTANT in the performance of this AGREEMENT.

CONSULTANT warrants that, in performance of this AGREEMENT, CONSULTANT shall not employ any person having any such interest. CONSULTANT understands that, if this AGREEMENT is made in violation of Government Code § 1090 et seq., the entire AGREEMENT is void and CONSULTANT will not be entitled to any compensation for services performed. CONSULTANT agrees to file a Statement of Economic Interests with the City Clerk at the start and end of this AGREEMENT if so, required at the option of CITY.
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5 9. AMENDMENTS.

This AGREEMENT, including the Exhibits attached hereto, may be amended only by a writing signed by both Parties. CITY will not be responsible to pay any charges CONSULTANT may incur in performing services not identified in Exhibit (A) unless first authorized by the CITY in writing.

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. Except as CITY may specify in writing, CONSULTANT 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. 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 and control 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 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 #2..
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6 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 CONSULTANT, 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 AGREEMENT, 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 delivery provided that such are delivered in accordance with the provisions of this Section.

Notices shall be delivered either by: (a) personal delivery; (b) overnight courier service which obtains #2..
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7 confirmation of delivery; or (c) certified mail, return receipt requested, if delivery is confirmed by a return receipt; 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: Alta Planning and Design, Inc.

Address: 101 SW Main Street Suite 2000,
Portland, OR, 97204
Attention: Vincent Hellens, Jr. Principal
Phone: 213-797-445
Email: [email protected]
CITY: Name: City of Modesto
Address: Purchasing Division
P.O. Box 642
Attention: Modesto, CA 95353
Phone: (209) 577-5211
Email: [email protected]

14. INSURANCE REQUIREMENTS.

During the term of this AGREEMENT, CONSULTANT 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 Exhibit (C) to this AGREEMENT.

CONSULTANT is responsible for uploading updated insurance documentation to the City's "PINS Advantage" program.

15. TERMINATION OF AGREEMENT.

Termination by CITY for Default of CONSULTANT
Should the 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 #2..
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8 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 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 services 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 services for any reason. The City shall provide no less that 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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9 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 subconsultants 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 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 #2..
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10 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 or 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:
j. The cost of settling and paying valid claims arising out of the termination of the work such as subconsultant AGREEMENTs or contracts for materials;
k. 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. INDEMNITY.

If CONSULTANT is Design Professional performing design professional services, as defined in California Civil Code section 2782.8, CONSULTANT agrees to indemnify, defend, and hold harmless #2..
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11 the CITY, its agents, officers, officials, employees and volunteers, from and against any and all claims, demands, costs, or liability that arise out of, or pertain to, or relate to the negligence, recklessness, or willful misconduct of CONSULTANT and its employees, officials, officers, agents or agents in the performance of services under this AGREEMENT, but this indemnity does not apply to liability for damages arising from the sole negligence, or willful misconduct of the CITY. The CITY agrees that in no event shall the cost to defend charged to the CONSULTANT exceed that CONSULTANT's proportionate percentage of fault. However, notwithstanding the previous sentence, 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. This duty to indemnify shall not be waived or modified by contractual AGREEMENT or acts of the parties.

If CONSULTANT is not a Design Professional performing Design Professional Services, the CONSULTANT shall hold the CITY, 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, reckless or willful misconduct of CONSULTANT, or its agents, officers, officials, employees, or volunteers relating to or during the performance of its obligations under this AGREEMENT, except for claims arising from the sole negligence of the CITY.

CONSULTANT's obligation to defend, indemnify, and hold the CITY, 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.

In the event that CONSULTANT or any employee, agent, or subcontractor of CONSULTANT providing services under this AGREEMENT is determined by a court of competent jurisdiction or the California Public Employees Retirement System (PERS) to be eligible for enrollment in PERS as an #2..
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12 employee of CITY, CONSULTANT shall indemnify, defend, and hold harmless CITY for the payment of any employee and/or employer contributions for PERS benefits on behalf of CONSULTANT or its employees, agents, or subcontractors, as well as for the payment of any penalties and interest on such contributions, which would otherwise be the responsibility of CITY.

17. DISPUTE RESOLUTION.

Venue for 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 AGREEMENT provision shall be in the Superior Court of Stanislaus County or the United States District Court for the Eastern District of California.

18. ATTORNEY’S FEES.

If a party to this AGREEMENT brings any action, including an action for declaratory relief, to enforce or interpret this AGREEMENT, the prevailing party shall be entitled to reasonable attorneys’ fees in addition to any other relief to which that party may be entitled. The court may set such fees in the same action or in a separate action brought for that purpose.

19. ENTIRE AGREEMENT.

This AGREEMENT and its exhibits contain the entire understanding between CONSULTANT and CITY. All previous proposals, offers and communications related 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.
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13 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.

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.
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14 CONSULTANT will have a City of Modesto business license. #2..
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15 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. 20 -______, adopted by the Council of the City of Modesto on the ______ day of ________________, 20 , and (CONSULTANT) has caused this AGREEMENT to be duly executed as of the Effective Date.
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16 EXHIBIT A: SCOPE OF WORK
Task 1 Project Management/ Status Meetings
Alta considers project management, quality control, and stakeholder coordination as key components to success. Effective project management is the result of communication skills that facilitate a common understanding and expectation of project outcome. Alta’s Project Manager, Scott, will work very closely with City staff to implement the project in a timely manner.

He will provide project coordination services for the duration of the project from Concept through Final PS&E, Bid and Construction. Project coordination services have been broken down into specific subtasks below. All effort assumed for this task aligns with the draft project schedule and Alta reserves the right to negotiate additional fee if the project schedule is extended.

Scott will serve as the single point-of-contact for all team members, responsible for coordinating all project activities with all team members, the City and project stakeholders, and ensure key staff attendance for appropriate project meetings.

Task 1.1 Kick Off Meeting
Alta will lead a virtual project kick-off meeting between the client and the consultant team to provide an overview of the project scope and discuss roles and responsibilities, communication protocols, and project schedule milestones. This meeting offers the project team and City an opportunity to clearly define roles, establish an understanding of the project baseline requirements, and discuss any other project challenges and opportunities.

Deliverables:
• Meeting agenda and meeting notes with action item list – one (1) electronic file (Adobe PDF) copy.

Task 1.2 Monthly Project Meetings
Alta’s Project Manager will provide regular contact with the City’s Project Manager, City staff, and other project stakeholders through the facilitation of virtual PDT meetings to track project progress, discuss ongoing challenges and set expectations for the project to remain on schedule and within budget.

Agendas for each meeting will be sent to the meeting attendees at least one day prior. PDT meetings are assumed to be monthly. Monthly meetings may be adjusted to bi-weekly, weekly, or as needed meetings based on need and availability of project stakeholders.

Deliverables:
• Prepare for and facilitate monthly PDT meetings.
• Prepare and distribute meeting agenda, updated schedule, and notes.

Task 1.3 Progress Reporting/ Invoicing/ Schedule
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17 Monthly progress reports also allow the Consultant team and the City to remain engaged on outstanding project issues, potential risks and delays, completed and planned work over the current and future months and identify critical discussion topics for PDT meetings. Alta’s Project Manager will coordinate with project team members to prepare and submit monthly progress reports briefly summarizing the past months work, upcoming deliverables, major milestones, identify potential project delays, and provide the necessary reporting information to keep the City in compliance with Caltrans reporting requirements.

A living schedule is a critical tool for effective communication and project management. Vincent will manage the project schedule using Microsoft Project. His flexible and collaborative approach will provide the leadership necessary to build consensus among project stakeholders leading to the design and of a world-class multimodal street. A draft schedule has been prepared and provided with this proposal for the City’s consideration.

Deliverables:
• One (1) electronic file (Adobe PDF) copy of each month’s Progress Report including a monthly, updated Project Schedule for the project duration.

Task 1.4 As Needed Project Meetings
The Alta Team will attend additional project meetings, as needed, up to a total of 30, 1 hour meetings for up to two staff, or 60 hours of total additional meeting time, whichever criteria is met first.

Additional meetings can be added to this scope on a Time and Material basis to be negotiated at a later date.

Task 1.5 Quality Assurance/ Quality Control
The Alta Quality Assurance program (AQUA) is our approach to providing services and developing deliverables that satisfy client requirements in a systematic, reliable way. Our goal is to achieve the highest level of “Alta Quality” on everything we do. AQUA includes a three-tiered review process that records the originator, checker, back-checker, and verifier of each document that goes out the door. The AQUA process will include adherence to the City’s Design Submittal Checklist. Each submittal will be reviewed by personnel not directly involved with the project to see that quality standards and conformance to City Standards are met. We utilize senior level staff for all submittal reviews and clearly communicate project requirements to the entire project team so all team members understand project expectations.

Task 2 Data Gathering
Task 2.1 Develop a Design Project Profile
The Alta team will review previously prepared City of Modesto documents and plans such as: the Bicycle and Pedestrian Master Plan, Downtown Master Plan, design guidelines and standard details, and other relevant planning, grant, project, and historical documents provided by the City to create a project profile and baseline understanding of the standards, guidelines, and improvements to be proposed in alignment with project goals and previously prepared City documents and plans. Findings, necessary documents, and other project profile information shall be discussed during the Kick Off meeting and monthly PDT meetings.
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18 Task 2.1A Basis of Design Memo
The Alta team will create a Basis of Design memorandum outlining the results of the document review and discussions with the city regarding standards, proposed improvements, key stakeholders, critical challenges, and the approach for alignment with the Downtown Master Plan and Bicycle and Pedestrian Master Plan.

Additionally, the Basis of Design Memo will outline procedures and preferred hierarchy of specifications, standard details, etc. where potential conflicts exist, and design vehicles for AutoTurn exhibits.

Task 2.1 Deliverables:
 Basis of Design Memorandum (PDF)
Task 2.2 Data collection, Surveys, Topographic Mapping and Analysis Task 2.2A Topographic Survey
Ground-based topographic surveying forms the basis of most engineering design projects. This task includes establishing primary survey control to support the project through construction, and detailed collection of site information such as surface features, structures, utilities, and other information that cannot be accurately documented through any other means. a. Perform cross-section survey of linear corridor at 50-foot intervals. b. Perform topographic survey of all hardscape and softscape, including: grade breaks, high points, low points. In flat areas, measure spot elevations in a grid pattern at 50-foot intervals.
c. Locate surface-visible utility features and improvements, such as: signs, fences, walls, buildings, striping, driveways, walkways, drainages, structures, lights, poles, bollards, general limits of vegetated or landscaped areas, USA markings, vaults, valves, meters, boxes, pedestals, cleanouts, manholes, drain inlets, catch basins, culverts, outfalls, and standpipes.
d. Trees 4” in diameter or larger will be located.
e. At manholes and accessible structures measure invert elevation of all gravity storm drains and sewer pipes. Annotate topographic survey drawing with invert elevation, approximate diameter, and orientation of each pipe visible at the time of the survey. Where access is not practical, Westwood shall indicate by notation on the mapping deliverable.
f. Create existing ground Civil 3D TIN surface model.
g. Prepare topographic survey base map drawing at a 1” = 20’ scale.

Notes regarding topographic survey:

Core Project Limits (I Street and 9th Street)
The topographic survey will extend from back of walk to back of walk. At intersections, the topographic survey will extend 50’ beyond the curb return, along the side street. In the area of the bus stop, at the intersection of 9th street and “I” Street, topographic data will extend 10 feet behind the sidewalk. Westwood will use a laser scanner to collect #2..
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19 topographic data at the Union Pacific Railroad crossing, staying out of the railroad rightof-way, and avoiding the necessity of obtaining an encroachment permit from the railroad.

Bus Stops (Outside Downtown Core)
The topographic survey mapping limits will extend from the centerline of the road to the back of walk on the bus stop side of the road, and from block corner to block corner.

Durable control will be set at each site.

Sidewalk (7th, 8th, F, and G streets)
The topographic survey mapping limits will extend from the lip of gutter to the right of way line.

Virginia Corridor (7th, 8th, F, and G streets)
The topographic survey mapping limits will extend across Root Lateral right-of-way and existing bike path from College Avenue to Nellie Avenue, and then South along Nellie Avenue to (ground level) Eastbound lane of Needham Street. Along Nellie Avenue, the topo will extend across the dirt lot to the sidewalk on the East side of Nellie Avenue. o Task 2.2A.2: Subsurface Utility Research and Base Mapping This task is intended to provide a cost-effective glimpse of any existing utility installations which may be consequential to the design, placement of improvements, or construction means and methods. It is not a substitute for more definitive means of locating subsurface utilities (such as potholing or other indirect, nondestructive means), but it is highly informative and can be leveraged to help narrow the focus of those other methods considerably, saving cost and reducing project risk and complexity. a. Compile a list of utility companies who may have facilities in the vicinity of project.
b. Request copies of existing maps, GIS data, improvement plans, as-builts, record drawings, etc. from each utility operator that shows their existing subsurface infrastructure within the project limits.
c. Use compiled records together with field observed surface evidence to prepare a subsurface utility base map drawing, and incorporate the information into the topographic survey.
d. Where possible, existing utility meta information will be annotated on the base mapping to reflect available details extracted from the provided utility drawings. e. This task is intended to be consistent with Utility Quality Level C as described in Section 5 of the publication CI/ASCE 38-02 (Standard Guidelines for the Collection and Depiction of Existing Subsurface Utility Data).

Task 2.2B Geotechnical Investigation
Crawford will conduct a subsurface exploration program to characterize the subsurface conditions for the bridge/culvert structure. Crawford will drill, log and sample two borings 50 to 55 ft deep for the bridge/culvert structure.
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20 The drilling contractor will advance borings with a rubber-tired, truck and/or track mounted drill rig using 6 to 8-inch-diameter hollow, solid stem augers, and/or rotary wash methods. Standard Penetration Testing (SPT) and California Modified sampling will be performed within borings to obtain samples and blow count information. A Crawford engineer/geologist will direct the sampling and log the borings consistent with current Caltrans procedures/requirements. At a minimum, we will sample at 5-foot intervals. We will deliver the samples to the laboratory for strength and classification testing. Surface and groundwater conditions will be noted where encountered. Traffic control will be provided per City and Caltrans requirements. The borings will be backfilled per boring permit requirements.

Task 2.2B.1: Pavement Coring
We understand that the total project includes about 5,300 lineal feet of pavement along 9th and I Streets, therefore the Crawford will collect pavement and soil samples and measure the existing pavement sections (HMA and AB). Crawford plans to complete a total of about 20 pavement cores throughout the proposed project limits, alternating lanes along the roadway. Core locations will be spaced about every 500 ft per roadway side. An Engineer/Geologist will direct the coring and sampling. At each core location, Crawford will use a diamond tipped core bit 4 to 6 inches in diameter to core through the existing pavement. The existing pavement sections (HMA and AB) will be measured and collected, and subgrade samples will be retrieved for R-value testing.

Cores will be backfilled with sand and topped with dyed black quick setting concrete to match the existing road. Hot mix asphalt patching is not included in our scope of services. We expect traffic control will consist of road work ahead signs, lane shifts, and lane closures with flaggers per Caltrans and City encroachment permits.

Samples of the subgrade soil will be tested to determine the R-Value for our pavement rehabilitation design.

Task 2.2B.2: Laboratory Testing
Crawford will complete the following laboratory tests on bulk and relatively undisturbed samples obtained from the exploratory test locations (as appropriate):

Moisture Content and Unit Weight;
Unconfined Compression and/or Direct Shear testing;
200 Wash Analysis and Plasticity Index;
Resistivity, pH, Sulfate Content, and Chloride Content; and R-Value.

Task 2.2B.3: Geotechnical Design and Materials Report
Crawford will prepare a report containing the following and coordinate Caltrans submittals and responses:
 Project description and scope of services;
 Site Geology;
 Subgrade and groundwater conditions;
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21  Existing pavement condition;
 Results of our pavement coring, presence of overlays and fabric, and current traffic index;
 Laboratory Testing;
 CBC seismic parameters;
 Liquefaction potential;
 Geotechnical recommendations for site grading, ground preparation, materials excavation, stability and fill placement, OSHA soil types;  Shallow foundation recommendations including minimum dimension, bearing capacity; settlement, coefficient of friction to resist sliding;  Seismic and lateral earth pressures for below ground structures;  Soil corrosion potential;
 Pavement rehabilitation options considering 0.20’ mill and place a 3/8” asphalt rubber chip interlayer (SAMI) with a 0.20’ RHMA overlay with dig outs (as needed), and remove and replacement based on the traffic index provided by the Design Team;  Minimum unreinforced flatwork sections;
 Boring logs with laboratory data;
 Core logs, and core photos;
 Vicinity, Geologic and Fault Maps;
 Exploration Map with boring and core locations.

Task 2.2B.3 Deliverables: Draft and Final Geotechnical Design and Materials Report Task 2.2B.4: Hazardous Technical Memo
Crawford will perform limited sampling and testing near the railroad along I Street. Crawford will perform the following sampling activities:
 Evaluate soil at two locations adjacent to the proposed work area near the railroad along I Street for potential hazardous concentrations from past railroad use. Sampling will be limited to the roadway area within the planned pavement cores.  Based on our experience with similar roadway projects at railroad crossings the soil samples will be tested for the following; CAM 17 for heavy metals, pH, Creosote semi volatiles and Diesel/Oil.

Hand tools will be used to collect soil samples for within the pavement cores, with discrete samples collected at depths of 0 to 0.5 feet below the existing pavement section.

The memo and limited sampling are intended to be a reconnaissance-level effort; it is not intended to fully characterize or delineate the lateral or vertical extent of hazardous concentrations or environmental impact. Depending on the results of the above scope of services, additional research and/or sampling/testing maybe be warranted.

Draft and Final Hazardous Technical Memo
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22 Task 2.2B.5: Plan Review and Consultation
Crawford will provide consultation on geotechnical topics and perform a geotechnical review of the preliminary plans (30% or 90%) and final (100%) plans/specifications and provide comments to the design team. The Alta team will coordinate and permit all geotechnical work required for MID crossing.

Assumptions
 Test locations will be completed outside of the UPRR right of way;  Traffic control will consist of lane shift, lane closures, traffic cones, and signs with and without flaggers.
 Rights-of-entry and access to the boring locations will be provided by others;  The site will be surveyed by others;
 The City will waive the encroachment permit fee;
 Auger cuttings are assumed non-hazardous and will be left onsite at the MID canal cross test locations;
 Log of Test Borings (LOTB) sheets will not be completed for the bridge/culvert structure at the MID Root Canal crossing;
 Pavement cores will be backfilled with dyed black concrete at least 4 inches thick, placement of hot mix asphalt is beyond the scope of our services; Task 2.2C Existing Conditions Field Walk
The Alta Team will coordinate with City Staff and other major stakeholders including but not limited to: ACE, StanRTA and the Modesto Irrigation District (MID) through the Kick Off and PDT meetings to perform an Existing Conditions Field Walk. This Field walk shall occur after the topographic survey to identify existing conditions based on the topographic survey that may present critical challenges for the proposed improvements. We anticipate this field walk being over 2 days so the team may adequately review and discuss the challenges presented.

Coordination with other major stakeholders, including Caltrans, and Union Pacific Rail Road (UPRR) will occur during Tasks 3, 4, and 5.

Task 2.2 Deliverables:
 Geotechnical Coring Plan (PDF)
 Topographic Survey (AutoCAD and PDF on Westwood Title block)  Draft and Final Geotechnical Design and Materials Report  Draft and Final Hazardous Materials Technical Memorandum Task 2.3 Consultations and Community Engagement
Task 2.3A Community Engagement
Alta will build upon the outreach completed through the City of Modesto Downtown Master Plan (2020) and the relationships created with Modesto residents and stakeholders through the completed City of Modesto Non-Motorized Transportation Plan (NMTP, 2024) the City of Modesto School Safety Program (MSSP, 2024), and the City of Modesto’s Safe Streets for All #2..
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23 Program (Modesto SS4A, ongoing). The Alta team will prepare materials for and conduct public outreach activities, with support from City of Modesto staff, to notify the City of Modesto community about this project and to gather community input on how to tailor specific pieces of the design to reflect community values and priorities. We anticipate that City project staff and public information officer will be the primary point of contact for all public outreach.

Community Based Organization Partnership
Alta staff will partner with a Community Based Organization (CBO), selected by the City Team, to staff in-person events and assist with distributing online and printed collateral to the public.

The selected CBO will leverage their trusted relationships and deep knowledge of the Modesto community, particularly within the project area, to conduct inclusive and meaningful community engagement. A potential CBO, for example, could be the Downtown Modesto Partnership due to their extensive relationship with businesses in the project area.

Public Engagement Plan
The outreach goals, strategies, and results from the aforementioned planning efforts will inform the creation of a Public Engagement Plan (PEP), to be developed in partnership with the City, to ensure timely and inclusive engagement. The PEP will incorporate scheduling, logistics, and material preparation requirements. The document will be presented as a standalone memo at the beginning of the project. We anticipate addressing one set of consolidated noncontradictory comments from the City. The PEP will be a flexible approach to accommodate emerging community and project needs.

Outreach Activities and Collaterals
The public outreach activities will be planned and organized for three (3) primary phases to be further defined and/or modified as needed in the public engagement plan:
 Phase 1: Collaborate - This phase will provide the public with an introduction to the project, an overview of the timeline, upcoming engagement opportunities, and seek input on design preferences.
 Phase 2: Refine - This phase will provide the public an opportunity to view and provide feedback on the 35% PS&E.
 Phase 3: Follow-through - This phase will keep the public and stakeholders informed as the project timeline progresses from 35% PS&E to 65% PS&E, 95% PS&E, and 100% PS&E.

Our team anticipates working with the City to develop strategies around the following outreach activities and materials:
 Online engagement: Alta’s internal graphic designers will create promotional materials and support the creation of collateral for posting to the City website. Online collateral may include materials such as maps, exhibits, renderings of proposed alternative designs, a survey, and descriptions.
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24  Printed notice/collateral: Alta will develop printed collateral to inform the local community and all affected businesses in the project area (ex: Gallo Arts, Double Tree) about the Project, advertise pop-up events and community meetings, and direct people to the City website. Printed collateral may include flyers, postcards, sidewalk decals, etc.

We anticipate addressing one set of consolidated noncontradictory comments from the City on each printed collateral developed.
 Targeted Business Outreach: Alta will work with the Community Based Organization (CBO), selected by the City Team, to conduct both digital outreach and in-person doorto-door outreach to all effected businesses in the project area. Alta will create and maintain a database of businesses to keep track of business outreach and concerns.  Pop-Up events: Alta will lead efforts for tabling at community destinations along the project corridors to share updates about the Project, present design alternatives, and solicit feedback. Potential locations for pop-up events may include key destinations such as the STanRTA bus depot, the Stanislaus County Library, the Certified Farmer’s Market, Modesto Junior College, and the Gallo Center for the Arts. Alta has budgeted for three (3) pop-up events. The Public Engagement Plan will specify the timing, hours and materials needed for each event. We anticipate addressing one set of consolidated noncontradictory comments from the City on the materials developed for the pop-up events. It is assumed that City staff will be available for attendance in support and operations of pop-up events.
 Community meetings: Alta will attend and coordinate community meetings that may include a presentation, discussion, and interactive feedback opportunities. Alta has budgeted for three (3) community meetings, one in-person and two held virtually. Alta’s previous experience with outreach in Modesto has shown high attendance for virtually held meetings. We anticipate addressing one set of consolidated noncontradictory comments from the City on the materials developed for the community meetings. It is assumed that City staff will be available for attendance in support and operations of community meetings.

All project materials will be translated to Spanish as needed. All in-person outreach will have Spanish-speaking staff present and all virtual outreach events will have interpretation services available as needed.

Community Engagement Summary
Alta will summarize all activities completed and feedback gathered in one community engagement summary document. We anticipate addressing one set of consolidated noncontradictory comments from the City on the engagement summary.

Task 2.3A Deliverables
 Public Engagement Plan
 Outreach Materials
 Community Engagement Summary
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25 Task 2.3B Local Stakeholder Coordination (MID, ACE, UPRR, Caltrans, StanRTA, Downtown Modesto Partnership, Modesto DID)
The Alta team will meet with local stakeholders to discuss the project, gain an understanding of key stakeholder concerns and project objectives through both virtual and in person meetings. The Alta Team will attend up to 8 in person meetings with key stakeholders and up to 10 virtual meetings with key stakeholders. Additional coordination with other major stakeholders, including Caltrans, and UPRR will occur during Tasks 3, 4, and 5 as part of the standard design processes.

Task 2.3C Third Party Utility Engagement and As-Built/Records Coordination The Alta team will meet with local third-party utility owners to discuss the project, gain an understanding of concerns, types of facilities in the project, and project objectives through both virtual and in person site walks. The Alta Team will attend up to 4 in person site walks with third-party utility owners and up to 5 virtual meetings with third party utility owners.

Task 2.4 Conceptual Designs
Utilizing the results form Task 2.1 and the Basis of Design Memo, Alta will create 10% Conceptual Designs of the proposed improvements for the 9th Street Class I, I Street Class IV, Virginia Corridor Trail Connection, Bus Stop Improvements for StanRTA Route 21, and proposed Sidewalk Improvements along 7th St, G St, 8th St and F St. Conceptual Designs will be created using AutoCAD on top of commercially available Aerial Imagery but may include preliminary existing conditions linework and information available from Task 2.2A Topographic Survey. Concept designs will only include 2D improvements.

City and stakeholder comments on the 10% Conceptual Plans will be considered for incorporation into the 35% Preliminary Engineering Plans.

Conceptual Designs for each corridor and/or project area will be incorporated into a single set of conceptual plans.
10% Conceptual Design Plans shall include the following sheets:

Sheet Type Scale Assumed No.
of Sheets (up
to)
Typical Sections N/A 3
Layout Plans 1”=20’ 18
Striping Plans 1”=20’ 11
Landscape/Hardscape Plans 1”=20’ 12
Task 2.4A Conceptual Design for 9th Street Class I and Virginia Corridor Connection #2..
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26 Conceptual Design for the 9th Street Class I shall show proposed conceptual improvements from L St (and the connection to the City Designed section of 9th St) to I Street. The Class I facility shall be proposed on the Southwestern side of 9th Street (State Route 132). It is assumed parking will be removed on both sides of 9th Street to facilitate the construction of the Class I facility and protected intersections will be implemented at the 9th Street/J Street and 9th Street/I Street intersections. The intersections of 9th Street/L Street and 9th Street/K Street will have protected intersection elements.

The Alta Team will develop a Planning Design Memo that investigates the appropriate structure to facilitate the connectivity of 9th Street to the Virginia Corridor across the MID Lateral Canal.

The Planning Memo will examine the use of reinforced concrete box culverts and prefabricated pedestrian bridges. The Memo will discuss the pros and cons of each structure type and prepare an exhibit for each. A planning level cost estimate will be prepared for each.

Task 2.4B Conceptual Design for I Street Class IV
Conceptual Design for the I Street Class IV shall show proposed conceptual improvements on I street from 7th St to 16th Street. The Class IV facility shall be two-way and proposed on the Northwestern side of I Street. It is assumed parking will remain on both sides of I Street but I Street will be reduced to a two-lane road with a center left turn lane to facilitate the construction of the Class IV facility. All intersections will have protected intersection elements and may need modification to support proposed infrastructure improvements.

Task 2.4C Conceptual Design for Bus Stop Improvements for StanRTA Route 21 Conceptual Design for the Bus Stop Improvements for StanRTA Route 21 are at the following bus stop locations:
o Southbound H St between 1st St and 2nd St
o Southbound H St between 3rd St and 4th St
o Westbound 7th St between H St and I St
o Westbound 7th St between at the corner of K St
o Southbound I St between 7th St and 6th St
Improvements may include items such as transit bulbs, bus pads, shelters, and other stop amenity improvements.

Task 2.4D Conceptual Design for sidewalk improvements (7th St, 8th St, F St) Conceptual design for sidewalk improvements along 7th, 8th, G St, and F St include providing new PROWAG compliant sidewalk on F St and 8th St, in addition to improving and rehabilitating the existing sidewalks on the north side of 7th St between H St and G St and east side of G St between 7th St and 8th St.

Photos will be taken to document the existing conditions of both the project corridors, existing traffic signal cabinet(s) and equipment, and other major features such as; storm drain infrastructure, third party utility conflicts, driveways, signs, and other surface features.

Task 2.4 Deliverables:
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27  Conceptual Plans (Full Size PDF)
 Planning Level Structure Design Memorandum (PDF)
Task 2.5 Pre-Project Drone Flyover
The Alta team will work with a licensed drone operator to perform a pre-project drone flyover of the publicly accessible project areas. Flights over private properties are excluded and can be added as optional scope pending discussions, agreements, and satisfying currently unknown requirements with private property owners.

Task 3 Preliminary Engineering (35%)
Task 3.1 Preliminary Engineering (35%)
After approval of the 10% Conceptual Plans and Estimate by the City of Modesto, the Alta Team will prepare a 35% Plans and Estimate package. The Alta Team will use the concept design as a foundation and proceed with 35% design in accordance with best-practices and the appropriate standards of the City, utility companies, and other stakeholders. The design team will build upon concept design and incorporate comments from institutional stakeholders to minimize rework and begin thorough analysis of design details such as green infrastructure, grading issues, utility relocations, Bus Depot conflicts, and at-grade rail crossing improvements.

The design content will comply with project objectives and scope inclusive of features included in the 10% Concept Plans and include additional details including but not limited to:
● Stormwater structure facility locations and anticipated Wet and dry utility relocations, as needed ● Observable right of way and utility conflicts
35% Preliminary Engineering Plans for each corridor and/or project area will be incorporated into a single set of plans for submission to the city. Plans will be based on City of Modesto Standards, California Manual on Uniform Traffic Control Devices (CA MUTCD), Caltrans standards, National Association of City Transportation Officials (NACTO) and the AASHTO Highway Design Manual. 35% Preliminary Engineering plans for the at-grade crossing will incorporate elements for a potential future quiet zone including but not necessarily limited to; Quad gates, raised medians and channelization, pedestrian gates, and swing gates.
35% Preliminary Engineering Plans shall include the following sheets:

Sheet Type
Scale Assumed No. of
Sheets (up to)
Cover Sheet N/A 1
General notes N/A 2
Key Map N/A 1
Horizontal/Survey Control 1”=100’ 4
Typical Sections N/A 6
Plan and Profile 1”=20’ 10
Civil Layout Plans 1”=20’ 12
Construction Details/Grading Plans
1”=10’ or
1”=20’ 30
Civil Details N/A 5
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28 Utility Plans 1”=20’ 22
Paving Plans 1”=40’ 10
Hardscape/Landscape Plans 1”=20’ 12
Landscape Details N/A 4
Signing and Striping Plans 1”=20’ 12
Signal Plans 1”=20’ 16
Lighting Plans 1”=20’ 10
Signing, Striping, Lighting, and Signal
Details
N/A
4 Structural plans 1”=20’ 2
Mis. Construction Details N/A 6
Assumed Total Sheet Count for 35% Preliminary
Engineering Plans 160
The 35% Preliminary Engineering Plans will provide preliminary information to assist with design coordination to finalize horizontal elements as the project moves to further design stages. Some data may be omitted for clarity and/or to assist in better coordinating certain project complexities at the 35% Preliminary Engineering Stage. Additionally, this 35% Preliminary Engineering phase will not include detailed grading or other vertical design but is intended to identify critical areas for coordination/discussion with third parties and city staff. 35% structure level plans will be developed for the identified structure type necessary to provide the connectivity of 9th Street to the Virginia Corridor across the MID Lateral Canal. The 35% plans will include a Design Memo the discusses the structure types considered and the justification of the selection of the preferred alternative. It will discuss utility conflicts and other construction challenges. A General Plan and Foundation Plan for the preferred alternative will be prepared for submittal and comment.

The Preliminary Engineering Plans will be prepared in AutoCAD and will utilize topographic survey data from Task 2.2A and Aerial imagery.

An Engineer’s Opinion of Probable Construction Cost will be prepared utilizing the most recent unit cost information available to the City of Modesto and the Alta team. The 35% Preliminary Engineering Opinion of Probable Construction Cost will be prepared in Microsoft Excel and will utilize a minimum 25% Contingency.

The 35% Preliminary Engineering Plans will be submitted for City review in accordance with a mutually agreed upon schedule. It is assumed that the city will have up to 20 working days to review the Preliminary Engineering Package and provide one set of consolidated and non-conflicting comments. It is anticipated that a comment matrix tracking each comment and response, or a Bluebeam comment session, will be utilized. Once all comments have a preliminary response a virtual comment resolution meeting, up to two hours, will be set with the City of Modesto to discuss responses and recommended resolutions to comments.

All geometric comments, or comments impacting facility geometrics, shall be resolved at the 35% Preliminary Engineering phase. Additional geometric changes to the proposed facility resulting from new and/or additional comments at later phases of design may need additional scope and fee negotiations.

Task 3.1A AutoTurn Exhibits
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29 The Alta Team will prepare AutoTurn Exhibits at modified intersections to show adequate turning radii are provided at the modified intersections to accommodate the design vehicle. Design Vehicles shall be determined in Task 2.1 and Task 2.1A.

Task 3.1 Deliverables:
 35% Plans (Full Size PDF)
 35% Opinion of Probable Construction Cost (PDF)
 35% Structure Design Memorandum (PDF)
 AutoTurn Exhibits (PDF)
Task 3.2 Preliminary Engineering Site Walk and Design Confirmation After completion of the 35% Plans and after receipt of City comments on the 35% Plans a site walk will be scheduled to review the design and further identify specific spot treatments or other vale engineering techniques. This site walk will also serve as a confirmation of proposed improvements prior to beginning the 65% PS&E and resolve outstanding design questions based on the 10% Conceptual Designs and 35% Preliminary Engineering Plans.

It is anticipated that this Site Walk will commence over a maximum of 2 days in order to meet in the field with stakeholders including, but not limited to; StanRTA, MID, ACE, UPRR, Caltrans Modesto Downtown Improvement District, and others. Additional coordination will occur with Caltrans and UPRR through Tasks 4 and 5.

Task 3.2 Deliverables:
 Site Walk Notes (PDF Scan)
Task 4 Technical Plans and Reports
After approval of the 35% Preliminary Engineering Plans and the Preliminary Engineering Site Walk and Design Confirmation meeting, the Alta Team will prepare Final PS&E for the 9th Street Class I, I Street Class IV, Virginia Corridor Trail Connection, Bus Stop Improvements for StanRTA Route 21, and proposed Sidewalk Improvements along 7th St, G St, 8th St and F St.

The PS&E package will be prepared and submitted at several stages; 65%, 90%, 100%, and Final Bid Documents.

It is assumed that all work within Modesto Irrigation District (MID) right-of-way will follow MID standard plans and specifications as applicable. If there is a conflict between proposed standards in the basis of design memo and MID standards we shall coordinate with MID and City staff to align on the preferred and proposed standard.

The at-grade crossing improvements will incorporate elements for a potential future quiet zone including but not necessarily limited to; Quad gates, raised medians and channelization, pedestrian gates, and swing gates.

It is anticipated that the 65%, 95%, 100%, and Final Bid Documents will include the following plans:

Sheet Type Scale
Assumed No.
of Sheets (up
to)
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30 Cover Sheet N/A 1
General notes N/A 2
Key Map N/A 1
Horizontal/Survey Control 1”=100’ 4
Typical Sections N/A 6
Demolition Plans 1”=20’ 22
Plan and Profiles 1”=20’ 10
Civil Layout Plans 1”=20’ 12
Construction Details/Grading Plans
1”=10’
or
1”=20’ 30
Civil Details N/A 5
Utility Plans 1”=20’ 22
Paving Plans 1”=40’ 10
Hardscape/Landscape Plans 1”=20’ 12
Landscape Details N/A 4
Irrigation Plans 1”=20’ 12
Irrigation Details N/A 4
Signing and Striping Plans 1”=20’ 12
Signal Plans 1”=20’ 16
Lighting Plans 1”=20’ 10
Signing, Striping, Lighting and Signal
Details
N/A
4 Structural Plans 1”=20’ 10
Storm Drain Profiles N/A 4
Erosion Control 1”=20’ 3
Erosion Control Details N/A 2
Miscellaneous Construction Details N/A 10
Assumed Total Sheet Count for Final
PS&E 228
Task 4.1 65% Roadway Improvement Plans (Plans, Specifications, and Estimate) The 65% PS&E package will be prepared after final comment resolution has been approved on the 35% Preliminary Engineering Plans.

Specifications and details will be prepared based on the 2014 City of Modesto Standard Specifications and CPUC Standards and Specifications when within UPRR Right of Way.

The 65% Specifications will be in outline form (a table of contents) reflecting the anticipated specification sections.

The 65% Opinion of Probable Construction Cost will be prepared based on the 35% Opinion of Probable Construction Cost and will be prepared in Microsoft Excel. A minimum 20% Contingency will be utilized at the 65% PS&E stage.
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31 The 65% PS&E package will be submitted for City review in accordance with a mutually agreed upon schedule.

It is assumed that the city will have up to 20 working days to review the Preliminary Engineering Package and provide one set of consolidated and non-conflicting comments. It is anticipated that a comment matrix tracking each comment and response, or a Bluebeam comment session, will be utilized. Once all comments have a preliminary response a virtual comment resolution meeting, up to two hours, will be set with the City of Modesto to discuss responses and recommended resolutions to comments.

Task 4.1.2 Photometric Analysis
The Alta Team will perform a Photometric Analysis utilizing AGi32 Software for the 9th Street Class I, I Street Class IV, Virginia Corridor Trail Connection, and proposed bus stop improvement locations for Stan RTA Route 21. Photometric analysis shall be performed generally from Back of Walk to Back of Walk and incorporate existing light fixtures to identify existing conditions and recommendations for improved street and safety lighting along the corridor, at intersections, and bus stops. Analysis shall consider both the roadway lighting illuminance, pedestrian level lighting (sidewalks), and lighting at crosswalks. The City shall provide lighting data and manufacturer information to perform photometric analysis. Analysis will be compared to City of Modesto lighting standards and/or Illuminating Engineering Society (IES) Recommended Practice: Lighting Roadway and Parking Facilities Standards (ANSI/IES RP-8-22).

Task 4.1 Deliverables:
 65% Plans (Full Size PDF)
 65% Specification Outline (PDF)
 65% Opinion of Probable Construction Cost (PDF)
 Photometric Analysis Exhibit (PDF)
Task 4.2 95% Roadway Improvement Plans (Plans, Specifications, and Estimate) The 95% PS&E package will be prepared after final comment resolution has been approved on the 65% PS&E Package.

Specifications and details will be prepared based on the 2014 City of Modesto Standard Specifications and CPUC Standards and Specifications when within UPRR Right of Way.

City shall provide front end specifications to be incorporated into the 95% Specifications.

The 95% Opinion of Probable Construction Cost will be prepared based on the 65% Opinion of Probable Construction Cost and will be prepared in Microsoft Excel. A minimum 15% Contingency will be utilized at the 95% PS&E stage.

The 95% PS&E package will be submitted for City review in accordance with a mutually agreed upon schedule.

It is assumed that the city will have up to 20 working days to review the Preliminary Engineering Package and provide one set of consolidated and non-conflicting comments. It is anticipated that a comment matrix tracking each comment and response, or a Bluebeam comment session, will be utilized. Once all comments have a preliminary response a virtual comment resolution meeting, up to two hours, will be set with the City of Modesto to discuss responses and recommended resolutions to comments.

Task 4.2 Deliverables:
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32  95% Plans (Full Size PDF)
 95% Specification Outline (PDF)
 95% Opinion of Probable Construction Cost (PDF)
Task 4.3 100% Roadway Improvement Plans (Plans, Specifications, and Estimate) The 100% PS&E package will be prepared after final comment resolution has been approved on the 95% PS&E Package.

Specifications and details will be prepared based on the 2014 City of Modesto Standard Specifications for all improvements within City of Modesto Right of Way, the Caltrans Standard Specifications for all improvements within Caltrans Right of Way, and CPUC Standards and Specifications when within UPRR Right of Way.

The 100% Opinion of Probable Construction Cost will be prepared based on the 95% Opinion of Probable Construction Cost and will be prepared in Microsoft Excel. A minimum 10% Contingency will be utilized at the 100% PS&E stage.

The 100% PS&E package will be submitted for City review in accordance with a mutually agreed upon schedule. It is assumed that the city will have up to 10 working days to review the Preliminary Engineering Package and provide one set of consolidated and non-conflicting comments. It is anticipated that a comment matrix tracking each comment and response, or a Bluebeam comment session, will be utilized. Once all comments have a preliminary response a virtual comment resolution meeting, up to two hours, will be set with the City of Modesto to discuss responses and recommended resolutions to comments.

Task 4.3 Deliverables:
 100% Plans (Full Size PDF)
 100% Specification Outline (PDF)
 100% Opinion of Probable Construction Cost (PDF)
Task 4.4 Final Roadway Improvement Plans (Plans, Specifications, and Estimate) The Final PS&E package will be prepared after final comment resolution has been approved on the 100% PS&E Package.

Specifications and details will be prepared based on the 2014 City of Modesto Standard Specifications and CPUC Standards and Specifications when within UPRR Right of Way.

The Final Opinion of Probable Construction Cost will be prepared based on the 100% Opinion of Probable Construction Cost and will be prepared in Microsoft Excel. A minimum 5% Contingency will be utilized at the Final PS&E stage.

The Final PS&E package will be submitted to the City and incorporated into the Final Bid Package.

Task 4.4 Deliverables:
 Final Plans (Full Size PDF, AutoCAD files)
 Final Specifications (PDF)
 Final Opinion of Probable Construction Cost (PDF)
Task 4.5 National Environmental Policy Act (NEPA)/California Environmental Quality Act (CEQA) Documentation
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33 The following environmental scope of work has been developed based on the following key assumptions:
 This City of Modesto (City) will be the Lead Agency for California Environmental Quality Act (CEQA) review and Caltrans will be the National Environmental Protection Act (NEPA) lead.

Should another agency be identified as the NEPA lead, a revised scope and fee will be required.  Supporting technical documents will be developed pursuant to Caltrans’ Standard Environmental Reference (SER).
 One project design alternative is assessed through environmental review.

Task 4.5A –Field Review Package
The Kimley-Horn work program will be initiated with the kick-off meeting/discussion, which will define the parameters of the analysis, scheduling, and understanding of the project. To acquire relevant environmental data and background information, Kimley-Horn will coordinate with appropriate City departments, use previous studies for the area and other available files, and rely on existing exhibits, maps and reference documents. Environmental issues that may require further detailed study or that may delay or affect the viability of the project will be documented.

To initiate project review activities with Caltrans, Kimley-Horn will prepare and submit the Field Review Package comprising applicable Local Assistance Procedures Manual (LAPM) Chapter 7 forms and the Chapter 6 Preliminary Environmental Study form 6A. Kimley-Horn will draft the Field Review Package for City review. After City review, Kimley-Horn will revise the Field Review Package as appropriate and submit the Field Review Package to Caltrans.

Kimley-Horn will be available for one, virtual field review meeting with Caltrans and the City to review the area and take comments on the Field Review Package. After the meeting, Caltrans is anticipated to review the Field Review Package for up to 1 month then provide the City a signed PES letter detailing the approved scope of work.

Task 4.5A Deliverables:
 One (1) Draft PDF copy of the Field Review Package for City review.  One (1) Final PDF copy of the Field Review Package for City / Caltrans review and approval.

Task 4.5B – Environmental Technical Studies
Under CEQA and NEPA, it is anticipated and assumed that the Project would qualify for environmental clearance under a Categorical Exemption and Categorical Exclusion, respectively. Thus, limited environmental technical studies are anticipated to be required. Kimley-Horn proposes to prepare technical studies in conformance with NEPA, pertinent FHWA regulations, Caltrans’ SER, and CEQA. Should Caltrans review of the PES require additional reports beyond those listed as anticipated, Kimley-Horn can provide those services under a separate scope and fee. The following technical reports are anticipated - Area of Potential Effect Map
Kimley-Horn assumes that the project will qualify as a class eight screened undertaking pursuant to Appendix 2 of the Section 106 programmatic Agreement /Public Resources Code 5024 Memorandum Of Understanding - “Addition of bicycle lanes or pedestrian walkways”. Thus, #2..
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34 Kimley-Horn assumes that Caltrans will require an Area of Potential Effects (APE) map but not require any additional cultural resource reporting deliverables. Kimley-Horn will prepare and submit the APE map for Caltrans review and approval. The APE map will be incorporated into the Screened Undertaking memorandum prepared by Caltrans PQS. This scope assumes one round of City and one round of Caltrans review, two rounds of revisions total, for the APE map.

Should Caltrans require cultural resource technical studies, an additional scope and fee will be required.

Air Quality Memorandum
The project is anticipated to be exempt from review pursuant to 40 CFR 93.126 as it is classified as “bicycle and pedestrian facilities”. Kimley-Horn will submit the project form to Air Quality Conformity Task Force staff for confirmation of exemption via email. This task includes Kimley-Horn staff time to compile relevant project information and communicate with Caltrans and Task Force staff for concurrence, up to 10 hours.

Noise Memorandum
The project would not add new lanes or move lanes closer to sensitive receptors; therefore, it is not a Type I project as defined by Title 23, Part 772 of the Code of Federal Regulations (23 CFR 772). Kimley-Horn will prepare a brief memorandum documenting why the project is not a Type I project. This task includes up to 10 hours of staff time.

Phase I Initial Site Assessment
Kimley-Horn will prepare a Phase I Initial Site Assessment (ISA) report for the proposed improvement pursuant to the latest SER guidance. The ISA study will be prepared to identify potentially hazardous waste sites and evaluate environmental factors that may have impacted the soil groundwater quality within the project limits. The study will include data collection and documents research including historical land use based on study of aerial photographs and other relevant documents. The data research will be ordered from Environmental Data Research Inc. (EDR Inc.) for the proposed project. Aerial photographs will be reviewed. No field exploration and/or testing are included in this phase of the work. The results of the database search will be summarized and presented in a report, describing the existing or potential recognized environmental conditions (RECs) within the project area.

Water Quality Assessment Report Memorandum
As the project will place a new free spanning pedestrian bridge over an existing drainage canal, Kimley-Horn anticipates that documentation of the projects effects on water quality is required.

However, since the bridge will be free spanning, effects on water quality are anticipated to be minimal. Kimley-Horn will prepare a Water Quality Assessment Report Technical Memorandum according to the latest SER guidance to document the project’s anticipated effects on water quality. This scope includes one round of City and one round of Caltrans review for two total revisions.

Visual Impact Assessment Memorandum
Kimley- Horn has used Caltrans’ Visual Impact Assessment Questionnaire and determined that the project is likely to require a Minor Visual Impact Assessment Memorandum. The VIA memorandum will be prepared using Caltrans’ then current Annotated Outline. This scope #2..
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35 assumes one round of City review and one round of Caltrans review for a total of two revisions.

Visual simulations are not required for a Minor Visual Impact Assessment memorandum.

However, should Caltrans require visual simulations, Kimley-Horn can provide these for an additional scope and fee.

Community Impact Assessment Memorandum
Given the scope of the improvements, no property acquisition is anticipated and there would be no displacement of any existing business or residences. Access (interchanges) would not be substantially modified. As a result, the effect of the project on the local and regional community are anticipated to be minimal (no substantial property impacts and no change in local or regional access). However, the proposed project would connect to an existing trail and is proposed in the areas recognized by the California Environmental Protection Agency (CalEPA) as disadvantaged communities. Kimley-Horn will prepare a Community Impact Assessment (CIA) Memorandum that focuses on the project’s potential impacts to existing trails and disadvantaged communities.

All other topics listed in the then current Annotated outline will only be briefly addresses as no effects are anticipated. This scope assumes one round of City review and one round of Caltrans review for a total of two revisions.

Task 4.5B Deliverables:
 One (1) Draft PDF copy of the:
o Area of Potential Effect Map
o Air Quality Memorandum
o Noise Memorandum
o Phase I Initial Site Assessment
o Water Quality Assessment Report Memorandum
o Visual Impact Assessment Memorandum
o Community Impact Assessment Memorandum
 One (1) Final PDF copy of the:
o Area of Potential Effect Map
o Air Quality Memorandum
o Noise Memorandum
o Phase I Initial Site Assessment
o Water Quality Assessment Report Memorandum
o Visual Impact Assessment Memorandum
o Community Impact Assessment Memorandum
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36 Task 4.5C – CEQA Compliance
Kimley-Horn will prepare a Notice of Exemption (NOE) form and project description memorandum for the project. As the City of Modesto will be the lead agency for CEQA, the NOE form and memorandum will be provided to the City for review. This scope includes one round of revisions in response to one consolidated round of comments from the City. We anticipate submitting the NOE form to Caltrans as a good partner, but that they will not have comments. This scope of work assumes the City will file the NOE with the County Clerk and the State Clearinghouse.

Task 4.5C Deliverables:
 One (1) PDF copy of the Draft NOE and memorandum
 One (1) PDF copy of the Final NOE and memorandum
Task 4.5D – NEPA Compliance
This scope of work assumes Caltrans will prepare an file a NEPA Categorical Exclusion pursuant to Section 23 USC 326, 23 CFR 771 activity (c)(8) based on the reports prepared per sub-task 4.6.2. Kimley-Horn will coordinate with Caltrans staff to provide them with a final set of approved tech reports to support the NEPA Categorical Exclusion. This scope includes up to 10 hours of Kimley-Horn staff time.

Task 5 Develop Construction Bid Documents

5.1 Right of Way Support

5.1A Right of Way Cost Estimates
Monument will coordinate with the design team to identify right-of-way acquisitions resulting from the proposed improvements. Additionally, Monument will provide information about existing conditions within the project limits including, land use, and any existing rights or encumbrances known to exist on the affected properties. The specific steps Monument will take to determine impacts and estimate costs are as follows:
 Perform a GIS analysis to identify property and rights potentially affected by the proposed design
 Use publicly available data and other real estate resources to confirm the ownership, land use, zoning, lot size, and improvements for each affected property  Perform a desktop inspection of properties to confirm the probable acquisition type (fee, easement, temporary construction easement, etc.) including identifying existing uses or personal property to be relocated (if any).
 Calculate the fee and/or easement area (including temporary construction easements) that will need to be acquired for each impacted property using design data and assessor boundary information
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37  Estimate the total capital cost of acquisition for all parcels including real estate costs, relocation assistance, severance damages, loss of goodwill, fixtures and equipment, demolition and clearance
 Estimate permit costs
 Estimate the total support cost for all parcels including appraisal fees, condemnation costs, title and escrow fees, environmental fees, and consultant fees as necessary  Escalate costs to anticipated right-of-way acquisition date  Prepare a draft Caltrans Right of Way Data Sheet using Caltrans Exhibit 17-EX-21 (Right of Way Data Sheet for Local Public Agencies) for the Build Alternatives  Update the RWDS based on comments from the design team and the City and submit a final Draft RWDS.
 Respond to comments from Caltrans R/W as necessary and make required updates to the Data Sheets.

5.1B Waiver Valuations
For federally funded projects, an appraisal is not required if it is determined that the proposed acquisition is uncomplicated, and the fair market value is estimated at $15,000 or less. Accordingly, Monument will prepare a valuation report by utilizing the “Waiver Valuation in Lieu of Appraisal” procedures described under 49 CFR 24.102(c)(2) and Chapter 7, Section 07.02.13, of the Caltrans Right of Way Manual. Waiver Valuations are suitable for the purpose of establishing the amount of Just Compensation and conducting good faith negotiations, however, they cannot be used for eminent domain proceedings. This process will include:
● Preparing and mailing a “Notice of Decision to Inspect” to the property owner including the appropriate Acquisition Brochure and Title VI information, and a request to conduct an on-site inspection of the property.
● Reviewing design plans, title information, legal descriptions and plat maps, and any other information pertaining to the subject property.
● Performing an inspection of the subject property with the owner and documenting and photographing the use, special features and any site improvements within the proposed acquisition area.
● Researching and analyzing relevant market information and formulating the valuation amount of the proposed acquisition.

Preparing a “Waiver Valuation in Lieu of Appraisal” report utilizing the Caltrans form 7-EX-21A provided in Chapter 7 “Appraisal” in the Caltrans Right of Way Manual #2..
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38 5.1C Acquisition and Negotiation
Based on our understanding of the project and information provided by the City, Monument assumes that the Project will require the acquisition of one MID license agreement up to 4 Temporary Construction Easements. Monument will provide all acquisition services required for the City to purchase the right-ofway required to construct the Project. All tasks will be performed in accordance with applicable Federal, State and local regulations, and the City’s internal policies and procedures. Specifically, Monument will:
 Provide all acquisition services in a timely, efficient manner and at a reasonable cost. Work shall be performed in accordance with all applicable Federal, State, and local regulations.  Coordinate and manage the acquisition process with the City, legal counsel, design team, property owners, and tenants along with the title company, appraisers, and other consultants to insure effective cross-discipline communications.
 Review right-of-way plans, appraisal reports, title reports, appraisal maps and legal descriptions and all other pertinent documents.
 Prepare acquisition offer packages consisting of the City’s written purchase offer, appraisal summary statement, acquisition brochure, acquisition agreement, conveying instruments (Grant Deed, Permanent and/or Temporary Easements, etc.), Certificate of Acceptance, recommendation of amount of Just Compensation, plat maps and legal descriptions, and Title VI Information.
 Monument’s acquisition agent will meet personally with each property owner to present the City’s purchase offer, explain the project design requirement, and inform him or her of the City’s right-of-way acquisition process.
 Negotiate personally in good faith with each property owner, his/her agent or representative and discuss the valuation of the property interests, gather information for consideration and address any questions or concerns that may arise during the acquisition process.  Establish and maintain an acquisition file for each property owner or property interest acquired and maintain a file checklist pursuant to the City’s specifications.  Promptly transmit executed documents (acquisition agreements, executed deeds, rental agreements, statements of information, offset statements, and the like) to the City for acceptance and processing. A report summarizing the pertinent information relative to the transaction will be included.
 Prepare and submit a Letter of Recommendation to the City for any proposed administrative settlements with property owners. The letter will include a chronology of the negotiation efforts, provide supporting evidence and documentation and an explanation of the benefits and rationale behind the recommendation.
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39  Escrow Coordination (optional) – Coordinate opening of escrows, assist the escrow company in obtaining additional documentation as necessary to provide clear title to the City, supervise and review the closing of escrows, and review closing statements for completeness and accuracy. We will serve as liaison between the title company, escrow holder, and the City.  Recommend condemnation action when negotiations have reached an impasse. The required justification will be submitted in writing to the City. Our primary goal will be to reach an acceptance of the offer with each property owner. We will work with the City in recommending solutions to achieve acceptance of the offer.
 Perform any other normal procedures and processes to implement the acquisition assignment and provide any other supporting information and/or correspondence required by the City.  Provide bilingual acquisition agents, if necessary.
 Prepare all applicable forms, secure property owner’s approval and signature and submit the forms to the City for review and acceptance.

Upon completion of the acquisition process for each property or property interest, or at project completion, Monument will provide the City with the original acquisition file as well as electronic copy of files for future audit purposes.

Monument will coordinate with MID to obtain the required license agreement to construct and operate the bike path and bridge within MID right-of-way. Tasks to include development of agreement and terms, delivery of required exhibits and documentation and attendance at up to two coordination meetings with MID.

5.1D Land Description Package for Virginia Corridor Improvements Land description packages are a component in the overall property acquisition process. Whether it involves a right-of-way dedication, granting of an easement, or exchanging fee ownership with a government entity, each land description package will precisely define the limits of the property rights to be exchanged. The process is generally driven by an owner working in conjunction with their chosen title company who will provide deed preparation and recording services and may be accompanied by property appraisal and legal services provided by others. a. Prepare up to two (2) land description package, including: a written description, a plat (exhibit), and closure report (if applicable) per package.
b. Each land description package will support one acquisition type from a single owner across all contiguously owned legal parcels.

This task includes coordination with MID to obtain the required license agreement to construct and operate the bike path and bridge within MID right-of-way to include development of exhibits and documentation and attendance at up to two coordination meetings with MID.

Task 5.1 Deliverables:
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40  Up to five (5) waiver valuations
 Up to four (4) executed Agreements and Easements/Temporary Construction Easements  Up to one (1) executed MID license agreement
 Up to two Land description packages signed and stamped by a California Licensed Professional Land Surveyor

5.2 Permit Support and Utility Coordination
Task 5.2A Caltrans Permitting Support
Kimley-Horn will prepare the Caltrans Encroachment Permit Application submittal for the improvements within Caltrans right-of-way. Anticipated documentation to be included in the Caltrans encroachment permit application includes:
• Encroachment Permit Application
• Letter of Authorization – To be drafted by Kimley-Horn for the City to place on City letterhead with signature
• Applicant’s checklist to determine applicable review process (Form TR 0416) • 100% PS&E design plans (Task 5.3)
• Engineer’s Estimate of Work within Caltrans right-of-way • Technical Specifications – Assumed to submit previously completed project specifications (Task 5.3). No revisions/updates anticipated.
• Notice of Exemption – Assumed to be provided by the City • Maintenance Agreement – Assumed to be developed by the City. If required, Kimley-Horn will provide support to develop backup materials for the agreement It is assumed that all fees associated with the Encroachment Permit will be paid for by the City. KimleyHorn fees do not include any application/permit fees. Our assumption is that this project can proceed through the Caltrans Encroachment Permit process, and does not need to be proceed through a Design Engineering Evaluation Report (DEER). If Caltrans requires a DEER for this project, additional scope and fee will be required.

Caltrans will also be coordinated for work associated with Task 5.2B and the required at-grade crossing improvements on I St between 9th St and 8th St.

Task 5.2B UPRR Approval and CPUC GO-88B Support
The critical improvement elements aim to provide a safe and bicycle/pedestrian-friendly environment for crossing the railroad tracks while accommodating the new lane configurations.

Our team will lead the coordination with the City, UPRR and CPUC for review and approval of the railroad crossing modifications. An initial step will be a virtual diagnostic meeting to discuss the proposed project, proposed approach to reviews and approvals and other items that are more appropriate in an office environment. Once the virtual meeting is conducted a field diagnostic meeting with all #2..
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41 members of the diagnostic team on-site will follow. This field meeting will focus on the field issues and any other items that will need to be considered in the design.

Our team will lead efforts on documentation, review, approval and agreements between all parties, including any necessary right of entry permits to perform field work and technical studies (e.g., queue studies). A flow chart for the UPRR and CPUC approval process is provided below to illustrate the required activities for approval.

Our team
will
support
the City in
securing a
Construction and Maintenance (C&M) with UPRR. It is assumed that C&M Agreement will be between the City and UPRR, and the agreement support will consist of, but not be limited to, the preparation of plat maps delineating the existing and new installations of infrastructure on UPRR property as part of any license agreements for new encroachments, i.e., new sidewalks, panels, and other field elements.

Our team will prepare the GO 88-B application package which will include the CPUC requirements such as existing and proposed railroad equipment, roadway profiles, applicable exhibits, railroad preemption calculations and related exhibits. The draft GO 88-B application will be prepared and submitted for review on or prior to the submittal of the 100% design submittal to UPRR and CPUC.

Caltrans, ACE, and StanRTA will also be incorporated in design coordination for the at-grade crossing improvements on I St between 9th St and 8th St.

It is our understanding that the City may seek to implement a quiet zone in the Downtown Modesto area (limits yet to be determined) including the I St at-grade crossing between 9th St and 8th St. Our team will work with the City to incorporate quiet zone safety elements at the I St at-grade crossing between 9th St and 8th St. If the City determines a Quiet Zone shall be implemented as part of this project our team is available to provide additional support and design at other at-grade crossings for an additional fee to be negotiated at a later date.

Task 5.2B Deliverable:
 Diagnostic Team Meeting Agenda and Notes
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42  General Order 88-B Submittal
 Construction & Maintenance Agreement Support
Task 5.2C SWRCB Permitting Support
The Alta team will prepare necessary documents If the project is subject to the State Water Resources Control Board (SWRCB) Construction General Permit (CGP), prepare and submit all required CGP registration documents, including but not limited to a Notice of Intent (NOI), and a Notice of Termination to the SWRCB and provide required staff to support CGP compliance at each stage of construction. Also, assist the City to complete MRP provision C.6, Construction Site Control, reporting.

Review SWPPP reports/documents submitted by contractor during construction to evaluate compliance with Provision C.6, Construction Site Control, of the MRP Task 5.2D Utility Support and Potholing
The below ten utility owners have been identified by underground services and the RFP as possibly having facilities present in the project area and will need to be addressed:
 AT&T Distribution
 City of Modesto
 Cogent Communications – Sprint
 Comcast
 CVI Net
 Kinder Morgan
 Level 3 / Lumen
 Modesto Irrigation District
 PG&E
 Zayo
Monument's Utility Relocation Support encompasses the following comprehensive services:
 Monument will serve as the primary liaison with utility owners identified on the utility plans.  Obtain and organize utility facility maps.
 Actively engage in monthly Project Development Team (PDT) meetings, with an estimated participation of 18 meetings.
 Collaborate with the design team to identify and verify facilities considered in conflict.  Coordinate with the design team in preparing the conflict matrix and exhibits required for utility companies with conflicting facilities.
 Prepare and send the City Relocation Claim Letters, facilitating the verification of utility easements and initiation of relocation plans (estimated issuance of 2 letters).  Determine if utility companies hold prior rights for each conflicting utility. #2..
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43  Plan and facilitate meetings among utility owners and the design team as needed to discuss project design, utility conflicts, relocation alternatives, and conflict resolution plans (estimated 4 meetings, including field meetings).
 Determine liability for facilities conflicting with the project (estimated for 2 conflicts).  Collaborate with the City for the review and approvals of all submittals.  Obtain detailed relocation plans and, if necessary, cost estimates from utility owners.  Draft and issue no-conflict letters for facilities not impacting proposed improvements.  Draft meeting agendas and minutes to ensure thorough documentation.  Assemble and deliver the final close-out file for the utility relocation process and provide all correspondence with utility companies.

In order to significantly reduce the risk of damages and injury associated with contacting or cutting underground utilities, Monument will perform utility potholing to positively confirm the location and depth of the utilities within the project limits. Monument proposes to engage a licensed pothole company to conduct potholing services, coordinating the determination of existing horizontal and vertical locations of underground utility facilities. This process will align with Caltrans' High Low Risk Policies and Procedures.

Our commitment includes overseeing the review of the potholing company's insurance policy to ensure compliance and inclusion of the City. Monument will collaborate with the project engineer, positive utility location company, and utility companies to perform potholing activities aimed at verifying the depths of underground facilities. In instances where the utility owner is responsible for positive location efforts, Monument will facilitate the necessary notices to the utility owner and assist in obtaining any required permits.

Task 5.2 Deliverables:
 Caltrans Encroachment Permit and Project Approval
 CPUC GO-88B approval and UPRR improvement approval
 SWRCB Permit Approval
 Utility pothole report

5.3 Bid Package Preparation and Bid Support
The Alta Team will support the City in preparation of a bid package for the city to post for bids. The bid package will include the construction documents prepared in Task 4, Permits, TCE’s and other agreements acquired in Task 5, and a list of additional permits a contractor shall procure.

The Alta Team will support the City throughout the bidding process. We shall attend and participate in up to one pre-bid meeting, prepare responses to requests for clarification or information, and prepare addenda to the plans and/or specifications, if needed.

Task 5.3 Deliverables:
 Bid Package Documents (PDF)
 Response to bidder questions (Word Document, PDF, or email) #2..
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44  Bid Addenda (PDF)
Task 6 Construction Management and Final Project Delivery Task 6.1 Construction Support and Final Project Delivery During the construction phase, the Alta team will support the City by:
 Participating the pre-construction meeting and other meetings, as-needed  Respond to RFIs, review and approve Contractor change orders, review and approve working and shop drawings, and help resolve discrepancies in the contract documents upon request of the Resident Engineer
 Prepare meeting agenda and minutes and written documentation of site observations as necessary
 Review SWPPP reports/documents submitted by contractor during construction to evaluate compliance with Provision C.6, Construction Site Control, of the MRP  Preparation of record drawings based on Contractor As-Builts  Provide post-construction assistance, as needed, for claims mitigation Note that services under this task do not include field inspections, materials testing, and providing direction to the Contractor for any safety-related issues.

The consultant has assumed a maximum of 260 hours for this task. Hours beyond will be considered extra work and provided for on a time and materials basis, only with pre-approval by the City.

This task should be considered negotiable.

Task 6.1A Pre-Construction Monument Preservation
 Perform a field survey to locate monuments that may be disturbed by construction.  Establish durable reference ties to monuments located outside of the presumed construction limits.
 Prepare and submit corner records to Stanislaus County allowing the public agency to comply with the pre-construction monument preservation requirements Section 8771 of the Professional Land Surveyors’ Act.

Task 6.1 Deliverables:
 RFI and Submittal responses
 Meeting agendas and minutes
 Change order Documents
 PDF copy of final corner records
 Record Drawings
Task 7 Additional Technical Assistance at City Request
Task 7.1 Grant Application and other technical support
The Alta Team will provide additional services, as requested by the City, including but not limited to:
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45 drawings and supporting documents, conduct additional site visits, or provide additional technical assistance as requested.

Any such additional drawings and/or services require prior approval from the City. The Alta Team shall also provide survey monument support, if requested by the City. This may include filing corner records with the County Surveyor for monuments within project limits, and replacement of destroyed monuments per Chapter 2, “Submittal, Permitting, & Survey Requirements of City of Modesto Standard Specifications and per Detail No. 212, or as otherwise approved by the Senior Land Surveyor.

This task should be considered negotiable.

Task 7.1 Deliverables:
 Grant Application documents and assistance
 Plans, drawings, and other supporting documents, as requested  Additional coordination to other UPRR related projects in the City during the time of this project scope
 Survey Monument Support
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46 EXHIBIT B: PRICING SCHEDULE
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54 EXHIBIT C: INSURANCE REQUIREMENTS FOR SERVICES
Consultant 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 Consultant, his agents, representatives, employees or subconsultants.

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 Consultant 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 consultant 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 consultant. 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 Consultant 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 Consultant’s primary and excess liability policies are exhausted.
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55 The insurance policies are to contain, or be endorsed to contain, the following provisions:

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 Consultant 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 Consultant’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 Consultant’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 Consultant’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
Consultant hereby grants to City of Modesto a waiver of any right to subrogation which any insurer of said Consultant may acquire against the City of Modesto by virtue of the payment of any loss under such insurance.

Consultant 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 Consultant 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 Consultant or subconsultant 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.

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56 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.

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 Consultant must purchase “extended reporting” coverage for a minimum of five (5) years after completion of work.

Verification of Coverage
Consultant 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 Consultant’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.

Subconsultants
Consultant shall require and verify that all subconsultant, 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 subconsultant’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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Task 1 Project Management/ Status Meetings
Alta considers project management, quality control, and stakeholder coordination as key components to success. Effective project management is the result of communication skills that facilitate a common understanding and expectation of project outcome. Alta’s Project Manager, Scott, will work very closely with City staff to implement the project in a timely manner.

He will provide project coordination services for the duration of the project from Concept through Final PS&E, Bid and Construction. Project coordination services have been broken down into specific subtasks below. All effort assumed for this task aligns with the draft project schedule and Alta reserves the right to negotiate additional fee if the project schedule is extended.

Scott will serve as the single point-of-contact for all team members, responsible for coordinating all project activities with all team members, the City and project stakeholders, and ensure key staff attendance for appropriate project meetings.

Task 1.1 Kick Off Meeting
Alta will lead a virtual project kick-off meeting between the client and the consultant team to provide an overview of the project scope and discuss roles and responsibilities, communication protocols, and project schedule milestones. This meeting offers the project team and City an opportunity to clearly define roles, establish an understanding of the project baseline requirements, and discuss any other project challenges and opportunities.

Deliverables:
• Meeting agenda and meeting notes with action item list – one (1) electronic file (Adobe PDF) copy.

Task 1.2 Monthly Project Meetings
Alta’s Project Manager will provide regular contact with the City’s Project Manager, City staff, and other project stakeholders through the facilitation of virtual PDT meetings to track project progress, discuss ongoing challenges and set expectations for the project to remain on schedule and within budget. Agendas for each meeting will be sent to the meeting attendees at least one day prior. PDT meetings are assumed to be monthly.

Monthly meetings may be adjusted to bi-weekly, weekly, or as needed meetings based on need and availability of project stakeholders.

Deliverables:
• Prepare for and facilitate monthly PDT meetings.
• Prepare and distribute meeting agenda, updated schedule, and notes.

Task 1.3 Progress Reporting/ Invoicing/ Schedule
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Monthly progress reports also allow the Consultant team and the City to remain engaged on outstanding project issues, potential risks and delays, completed and planned work over the current and future months and identify critical discussion topics for PDT meetings. Alta’s Project Manager will coordinate with project team members to prepare and submit monthly progress reports briefly summarizing the past months work, upcoming deliverables, major milestones, identify potential project delays, and provide the necessary reporting information to keep the City in compliance with Caltrans reporting requirements.

A living schedule is a critical tool for effective communication and project management.

Vincent will manage the project schedule using Microsoft Project. His flexible and collaborative approach will provide the leadership necessary to build consensus among project stakeholders leading to the design and of a world-class multimodal street. A draft schedule has been prepared and provided with this proposal for the City’s consideration.

Deliverables:
• One (1) electronic file (Adobe PDF) copy of each month’s Progress Report including a monthly, updated Project Schedule for the project duration.

Task 1.4 As Needed Project Meetings
The Alta Team will attend additional project meetings, as needed, up to a total of 30, 1 hour meetings for up to two staff, or 60 hours of total additional meeting time, whichever criteria is met first. Additional meetings can be added to this scope on a Time and Material basis to be negotiated at a later date.

Task 1.5 Quality Assurance/ Quality Control
The Alta Quality Assurance program (AQUA) is our approach to providing services and developing deliverables that satisfy client requirements in a systematic, reliable way. Our goal is to achieve the highest level of “Alta Quality” on everything we do. AQUA includes a three-tiered review process that records the originator, checker, back-checker, and verifier of each document that goes out the door. The AQUA process will include adherence to the City’s Design Submittal Checklist. Each submittal will be reviewed by personnel not directly involved with the project to see that quality standards and conformance to City Standards are met. We utilize senior level staff for all submittal reviews and clearly communicate project requirements to the entire project team so all team members understand project expectations.

Task 2 Data Gathering
Task 2.1 Develop a Design Project Profile
The Alta team will review previously prepared City of Modesto documents and plans such as: the Bicycle and Pedestrian Master Plan, Downtown Master Plan, design guidelines and standard details, and other relevant planning, grant, project, and historical documents provided by the City to create a project profile and baseline understanding of #2..
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the standards, guidelines, and improvements to be proposed in alignment with project goals and previously prepared City documents and plans. Findings, necessary documents, and other project profile information shall be discussed during the Kick Off meeting and monthly PDT meetings.

Task 2.1A Basis of Design Memo
The Alta team will create a Basis of Design memorandum outlining the results of the document review and discussions with the city regarding standards, proposed improvements, key stakeholders, critical challenges, and the approach for alignment with the Downtown Master Plan and Bicycle and Pedestrian Master Plan.

Additionally, the Basis of Design Memo will outline procedures and preferred hierarchy of specifications, standard details, etc. where potential conflicts exist, and design vehicles for AutoTurn exhibits.

Task 2.1 Deliverables:
 Basis of Design Memorandum (PDF)
Task 2.2 Data collection, Surveys, Topographic Mapping and Analysis Task 2.2A Topographic Survey
Ground-based topographic surveying forms the basis of most engineering design projects. This task includes establishing primary survey control to support the project through construction, and detailed collection of site information such as surface features, structures, utilities, and other information that cannot be accurately documented through any other means.
a. Perform cross-section survey of linear corridor at 50-foot intervals. b. Perform topographic survey of all hardscape and softscape, including: grade breaks, high points, low points. In flat areas, measure spot elevations in a grid pattern at 50-foot intervals. c. Locate surface-visible utility features and improvements, such as:
signs, fences, walls, buildings, striping, driveways, walkways, drainages, structures, lights, poles, bollards, general limits of vegetated or landscaped areas, USA markings, vaults, valves, meters, boxes, pedestals, cleanouts, manholes, drain inlets, catch basins, culverts, outfalls, and standpipes.
d. Trees 4” in diameter or larger will be located.
e. At manholes and accessible structures measure invert elevation of all gravity storm drains and sewer pipes. Annotate topographic survey drawing with invert elevation, approximate diameter, and orientation of each pipe visible at the time of the survey. Where access is not practical, Westwood shall indicate by notation on the mapping deliverable.
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f. Create existing ground Civil 3D TIN surface model.
g. Prepare topographic survey base map drawing at a 1” = 20’ scale.

Notes regarding topographic survey:

Core Project Limits (I Street and 9th Street)
The topographic survey will extend from back of walk to back of walk. At intersections, the topographic survey will extend 50’ beyond the curb return, along the side street. In the area of the bus stop, at the intersection of 9th street and “I” Street, topographic data will extend 10 feet behind the sidewalk. Westwood will use a laser scanner to collect topographic data at the Union Pacific Railroad crossing, staying out of the railroad right-ofway, and avoiding the necessity of obtaining an encroachment permit from the railroad.

Bus Stops (Outside Downtown Core)
The topographic survey mapping limits will extend from the centerline of the road to the back of walk on the bus stop side of the road, and from block corner to block corner. Durable control will be set at each site.

Sidewalk (7th, 8th, F, and G streets)
The topographic survey mapping limits will extend from the lip of gutter to the right of way line.

Virginia Corridor (7th, 8th, F, and G streets)
The topographic survey mapping limits will extend across Root Lateral right-of-way and existing bike path from College Avenue to Nellie Avenue, and then South along Nellie Avenue to (ground level) Eastbound lane of Needham Street. Along Nellie Avenue, the topo will extend across the dirt lot to the sidewalk on the East side of Nellie Avenue.

Task 2.2A.2: Subsurface Utility Research and Base Mapping This task is intended to provide a cost-effective glimpse of any existing utility installations which may be consequential to the design, placement of improvements, or construction means and methods. It is not a substitute for more definitive means of locating subsurface utilities (such as potholing or other indirect, nondestructive means), but it is highly informative and can be leveraged to help narrow the focus of those other methods considerably, saving cost and reducing project risk and complexity.
a. Compile a list of utility companies who may have facilities in the vicinity of project.
b. Request copies of existing maps, GIS data, improvement plans, asbuilts, record drawings, etc. from each utility operator that shows their existing subsurface infrastructure within the project limits. #2..
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c. Use compiled records together with field observed surface evidence to prepare a subsurface utility base map drawing, and incorporate the information into the topographic survey.
d. Where possible, existing utility meta information will be annotated on the base mapping to reflect available details extracted from the provided utility drawings.
e. This task is intended to be consistent with Utility Quality Level C as described in Section 5 of the publication CI/ASCE 38-02 (Standard Guidelines for the Collection and Depiction of Existing Subsurface Utility Data).

Task 2.2B Geotechnical Investigation
Crawford will conduct a subsurface exploration program to characterize the subsurface conditions for the bridge/culvert structure. Crawford will drill, log and sample two borings 50 to 55 ft deep for the bridge/culvert structure.

The drilling contractor will advance borings with a rubber-tired, truck and/or track mounted drill rig using 6 to 8-inch-diameter hollow, solid stem augers, and/or rotary wash methods. Standard Penetration Testing (SPT) and California Modified sampling will be performed within borings to obtain samples and blow count information. A Crawford engineer/geologist will direct the sampling and log the borings consistent with current Caltrans procedures/requirements. At a minimum, we will sample at 5-foot intervals. We will deliver the samples to the laboratory for strength and classification testing. Surface and groundwater conditions will be noted where encountered. Traffic control will be provided per City and Caltrans requirements. The borings will be backfilled per boring permit requirements.

Task 2.2B.1: Pavement Coring
We understand that the total project includes about 5,300 lineal feet of pavement along 9th and I Streets, therefore the Crawford will collect pavement and soil samples and measure the existing pavement sections (HMA and AB). Crawford plans to complete a total of about 20 pavement cores throughout the proposed project limits, alternating lanes along the roadway. Core locations will be spaced about every 500 ft per roadway side. An Engineer/Geologist will direct the coring and sampling. At each core location, Crawford will use a diamond tipped core bit 4 to 6 inches in diameter to core through the existing pavement. The existing pavement sections (HMA and AB) will be measured and collected, and subgrade samples will be retrieved for R-value testing.

Cores will be backfilled with sand and topped with dyed black quick setting concrete to match the existing road. Hot mix asphalt patching is not included in our scope of services. We expect traffic control will consist of road work ahead #2..
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signs, lane shifts, and lane closures with flaggers per Caltrans and City encroachment permits.

Samples of the subgrade soil will be tested to determine the R-Value for our pavement rehabilitation design.

Task 2.2B.2: Laboratory Testing
Crawford will complete the following laboratory tests on bulk and relatively undisturbed samples obtained from the exploratory test locations (as appropriate):
 Moisture Content and Unit Weight;
 Unconfined Compression and/or Direct Shear testing;
 200 Wash Analysis and Plasticity Index;
 Resistivity, pH, Sulfate Content, and Chloride Content; and  R-Value.

Task 2.2B.3: Geotechnical Design and Materials Report
Crawford will prepare a report containing the following and coordinate Caltrans submittals and responses:
 Project description and scope of services;
 Site Geology;
 Subgrade and groundwater conditions;
 Existing pavement condition;
 Results of our pavement coring, presence of overlays and fabric, and current traffic index;
 Laboratory Testing;
 CBC seismic parameters;
 Liquefaction potential;
 Geotechnical recommendations for site grading, ground preparation, materials excavation, stability and fill placement, OSHA soil types;  Shallow foundation recommendations including minimum dimension, bearing capacity; settlement, coefficient of friction to resist sliding;  Seismic and lateral earth pressures for below ground structures;  Soil corrosion potential;
 Pavement rehabilitation options considering 0.20’ mill and place a 3/8” asphalt rubber chip interlayer (SAMI) with a 0.20’ RHMA overlay with dig outs (as needed), and remove and replacement based on the traffic index provided by the Design Team;
 Minimum unreinforced flatwork sections;
 Boring logs with laboratory data;
 Core logs, and core photos;
 Vicinity, Geologic and Fault Maps;
 Exploration Map with boring and core locations.
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Task 2.2B.3 Deliverables: Draft and Final Geotechnical Design and Materials Report
Task 2.2B.4: Hazardous Technical Memo
Crawford will perform limited sampling and testing near the railroad along I Street. Crawford will perform the following sampling activities:
 Evaluate soil at two locations adjacent to the proposed work area near the railroad along I Street for potential hazardous concentrations from past railroad use. Sampling will be limited to the roadway area within the planned pavement cores.
 Based on our experience with similar roadway projects at railroad crossings the soil samples will be tested for the following; CAM 17 for heavy metals, pH, Creosote semi volatiles and Diesel/Oil.

Hand tools will be used to collect soil samples for within the pavement cores, with discrete samples collected at depths of 0 to 0.5 feet below the existing pavement section.

The memo and limited sampling are intended to be a reconnaissance-level effort; it is not intended to fully characterize or delineate the lateral or vertical extent of hazardous concentrations or environmental impact. Depending on the results of the above scope of services, additional research and/or sampling/testing maybe be warranted.
 Draft and Final Hazardous Technical Memo
Task 2.2B.5: Plan Review and Consultation
Crawford will provide consultation on geotechnical topics and perform a geotechnical review of the preliminary plans (30% or 90%) and final (100%) plans/specifications and provide comments to the design team. The Alta team will coordinate and permit all geotechnical work required for MID crossing.

Assumptions
 Test locations will be completed outside of the UPRR right of way;  Traffic control will consist of lane shift, lane closures, traffic cones, and signs with and without flaggers.
 Rights-of-entry and access to the boring locations will be provided by others;
 The site will be surveyed by others;
 The City will waive the encroachment permit fee;
 Auger cuttings are assumed non-hazardous and will be left onsite at the MID canal cross test locations;
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 Log of Test Borings (LOTB) sheets will not be completed for the bridge/culvert structure at the MID Root Canal crossing;  Pavement cores will be backfilled with dyed black concrete at least 4 inches thick, placement of hot mix asphalt is beyond the scope of our services;
Task 2.2C Existing Conditions Field Walk
The Alta Team will coordinate with City Staff and other major stakeholders including but not limited to: ACE, StanRTA and the Modesto Irrigation District (MID) through the Kick Off and PDT meetings to perform an Existing Conditions Field Walk. This Field walk shall occur after the topographic survey to identify existing conditions based on the topographic survey that may present critical challenges for the proposed improvements. We anticipate this field walk being over 2 days so the team may adequately review and discuss the challenges presented. Coordination with other major stakeholders, including Caltrans, and Union Pacific Rail Road (UPRR) will occur during Tasks 3, 4, and 5.

Task 2.2 Deliverables:
 Geotechnical Coring Plan (PDF)
 Topographic Survey (AutoCAD and PDF on Westwood Title block)  Draft and Final Geotechnical Design and Materials Report  Draft and Final Hazardous Materials Technical Memorandum Task 2.3 Consultations and Community Engagement
Task 2.3A Community Engagement
Alta will build upon the outreach completed through the City of Modesto Downtown Master Plan (2020) and the relationships created with Modesto residents and stakeholders through the completed City of Modesto NonMotorized Transportation Plan (NMTP, 2024) the City of Modesto School Safety Program (MSSP, 2024), and the City of Modesto’s Safe Streets for All Program (Modesto SS4A, ongoing). The Alta team will prepare materials for and conduct public outreach activities, with support from City of Modesto staff, to notify the City of Modesto community about this project and to gather community input on how to tailor specific pieces of the design to reflect community values and priorities. We anticipate that City project staff and public information officer will be the primary point of contact for all public outreach. #2..
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Community Based Organization Partnership
Alta staff will partner with a Community Based Organization (CBO), selected by the City Team, to staff in-person events and assist with distributing online and printed collateral to the public. The selected CBO will leverage their trusted relationships and deep knowledge of the Modesto community, particularly within the project area, to conduct inclusive and meaningful community engagement. A potential CBO, for example, could be the Downtown Modesto Partnership due to their extensive relationship with businesses in the project area.

Public Engagement Plan
The outreach goals, strategies, and results from the aforementioned planning efforts will inform the creation of a Public Engagement Plan (PEP), to be developed in partnership with the City, to ensure timely and inclusive engagement. The PEP will incorporate scheduling, logistics, and material preparation requirements. The document will be presented as a standalone memo at the beginning of the project. We anticipate addressing one set of consolidated noncontradictory comments from the City. The PEP will be a flexible approach to accommodate emerging community and project needs.

Outreach Activities and Collaterals
The public outreach activities will be planned and organized for three (3) primary phases to be further defined and/or modified as needed in the public engagement plan:
 Phase 1: Collaborate - This phase will provide the public with an introduction to the project, an overview of the timeline, upcoming engagement opportunities, and seek input on design preferences.  Phase 2: Refine - This phase will provide the public an opportunity to view and provide feedback on the 35% PS&E.
 Phase 3: Follow-through - This phase will keep the public and stakeholders informed as the project timeline progresses from 35% PS&E to 65% PS&E, 95% PS&E, and 100% PS&E.

Our team anticipates working with the City to develop strategies around the following outreach activities and materials:
 Online engagement: Alta’s internal graphic designers will create promotional materials and support the creation of collateral for posting to the City website. Online collateral may include materials such as maps, exhibits, renderings of proposed alternative designs, a survey, and descriptions.
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 Printed notice/collateral: Alta will develop printed collateral to inform the local community and all affected businesses in the project area (ex:

Gallo Arts, Double Tree) about the Project, advertise pop-up events and community meetings, and direct people to the City website. Printed collateral may include flyers, postcards, sidewalk decals, etc. We anticipate addressing one set of consolidated noncontradictory comments from the City on each printed collateral developed.
 Targeted Business Outreach: Alta will work with the Community Based Organization (CBO), selected by the City Team, to conduct both digital outreach and in-person door-to-door outreach to all effected businesses in the project area. Alta will create and maintain a database of businesses to keep track of business outreach and concerns.
 Pop-Up events: Alta will lead efforts for tabling at community destinations along the project corridors to share updates about the Project, present design alternatives, and solicit feedback. Potential locations for pop-up events may include key destinations such as the STanRTA bus depot, the Stanislaus County Library, the Certified Farmer’s Market, Modesto Junior College, and the Gallo Center for the Arts. Alta has budgeted for three (3) pop-up events. The Public Engagement Plan will specify the timing, hours and materials needed for each event. We anticipate addressing one set of consolidated noncontradictory comments from the City on the materials developed for the pop-up events. It is assumed that City staff will be available for attendance in support and operations of pop-up events.
 Community meetings: Alta will attend and coordinate community meetings that may include a presentation, discussion, and interactive feedback opportunities. Alta has budgeted for three (3) community meetings, one in-person and two held virtually. Alta’s previous experience with outreach in Modesto has shown high attendance for virtually held meetings. We anticipate addressing one set of consolidated noncontradictory comments from the City on the materials developed for the community meetings. It is assumed that City staff will be available for attendance in support and operations of community meetings.

All project materials will be translated to Spanish as needed. All in-person outreach will have Spanish-speaking staff present and all virtual outreach events will have interpretation services available as needed.

Community Engagement Summary
Alta will summarize all activities completed and feedback gathered in one community engagement summary document. We anticipate addressing one set of #2..
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consolidated noncontradictory comments from the City on the engagement summary.

Task 2.3A Deliverables
 Public Engagement Plan
 Outreach Materials
 Community Engagement Summary
Task 2.3B Local Stakeholder Coordination (MID, ACE, UPRR, Caltrans, StanRTA, Downtown Modesto Partnership, Modesto DID)
The Alta team will meet with local stakeholders to discuss the project, gain an understanding of key stakeholder concerns and project objectives through both virtual and in person meetings. The Alta Team will attend up to 8 in person meetings with key stakeholders and up to 10 virtual meetings with key stakeholders. Additional coordination with other major stakeholders, including Caltrans, and UPRR will occur during Tasks 3, 4, and 5 as part of the standard design processes.

Task 2.3C Third Party Utility Engagement and As-Built/Records Coordination
The Alta team will meet with local third-party utility owners to discuss the project, gain an understanding of concerns, types of facilities in the project, and project objectives through both virtual and in person site walks. The Alta Team will attend up to 4 in person site walks with third-party utility owners and up to 5 virtual meetings with third party utility owners.

Task 2.4 Conceptual Designs
Utilizing the results form Task 2.1 and the Basis of Design Memo, Alta will create 10% Conceptual Designs of the proposed improvements for the 9th Street Class I, I Street Class IV, Virginia Corridor Trail Connection, Bus Stop Improvements for StanRTA Route 21, and proposed Sidewalk Improvements along 7th St, G St, 8th St and F St. Conceptual Designs will be created using AutoCAD on top of commercially available Aerial Imagery but may include preliminary existing conditions linework and information available from Task 2.2A Topographic Survey. Concept designs will only include 2D improvements.

City and stakeholder comments on the 10% Conceptual Plans will be considered for incorporation into the 35% Preliminary Engineering Plans.

Conceptual Designs for each corridor and/or project area will be incorporated into a single set of conceptual plans.
10% Conceptual Design Plans shall include the following sheets:
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Sheet Type Scale Assumed No.
of Sheets (up
to)
Typical Sections N/A 3
Layout Plans 1”=20’ 18
Striping Plans 1”=20’ 11
Landscape/Hardscape Plans 1”=20’ 12
Task 2.4A Conceptual Design for 9th Street Class I and Virginia Corridor Connection
Conceptual Design for the 9th Street Class I shall show proposed conceptual improvements from L St (and the connection to the City Designed section of 9th St) to I Street. The Class I facility shall be proposed on the Southwestern side of 9 th Street (State Route 132). It is assumed parking will be removed on both sides of 9th Street to facilitate the construction of the Class I facility and protected intersections will be implemented at the 9th Street/J Street and 9th Street/I Street intersections. The intersections of 9th Street/L Street and 9th Street/K Street will have protected intersection elements.

The Alta Team will develop a Planning Design Memo that investigates the appropriate structure to facilitate the connectivity of 9th Street to the Virginia Corridor across the MID Lateral Canal. The Planning Memo will examine the use of reinforced concrete box culverts and prefabricated pedestrian bridges. The Memo will discuss the pros and cons of each structure type and prepare an exhibit for each. A planning level cost estimate will be prepared for each.

Task 2.4B Conceptual Design for I Street Class IV
Conceptual Design for the I Street Class IV shall show proposed conceptual improvements on I street from 7th St to 16th Street. The Class IV facility shall be two-way and proposed on the Northwestern side of I Street. It is assumed parking will remain on both sides of I Street but I Street will be reduced to a two-lane road with a center left turn lane to facilitate the construction of the Class IV facility.

All intersections will have protected intersection elements and may need modification to support proposed infrastructure improvements.

Task 2.4C Conceptual Design for Bus Stop Improvements for StanRTA Route 21
Conceptual Design for the Bus Stop Improvements for StanRTA Route 21 are at the following bus stop locations:
o Southbound H St between 1st St and 2nd St
o Southbound H St between 3rd St and 4th St
o Westbound 7th St between H St and I St
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o Westbound 7th St between at the corner of K St
o Southbound I St between 7th St and 6th St
Improvements may include items such as transit bulbs, bus pads, shelters, and other stop amenity improvements.

Task 2.4D Conceptual Design for sidewalk improvements (7th St, 8th St, F St) Conceptual design for sidewalk improvements along 7th, 8th, G St, and F St include providing new PROWAG compliant sidewalk on F St and 8th St, in addition to improving and rehabilitating the existing sidewalks on the north side of 7th St between H St and G St and east side of G St between 7th St and 8th St.

Photos will be taken to document the existing conditions of both the project corridors, existing traffic signal cabinet(s) and equipment, and other major features such as; storm drain infrastructure, third party utility conflicts, driveways, signs, and other surface features.

Task 2.4 Deliverables:
 Conceptual Plans (Full Size PDF)
 Planning Level Structure Design Memorandum (PDF)
Task 2.5 Pre-Project Drone Flyover
The Alta team will work with a licensed drone operator to perform a pre-project drone flyover of the publicly accessible project areas. Flights over private properties are excluded and can be added as optional scope pending discussions, agreements, and satisfying currently unknown requirements with private property owners.

Task 3 Preliminary Engineering (35%)
Task 3.1 Preliminary Engineering (35%)
After approval of the 10% Conceptual Plans and Estimate by the City of Modesto, the Alta Team will prepare a 35% Plans and Estimate package. The Alta Team will use the concept design as a foundation and proceed with 35% design in accordance with best-practices and the appropriate standards of the City, utility companies, and other stakeholders. The design team will build upon concept design and incorporate comments from institutional stakeholders to minimize rework and begin thorough analysis of design details such as green infrastructure, grading issues, utility relocations, Bus Depot conflicts, and at-grade rail crossing improvements.

The design content will comply with project objectives and scope inclusive of features included in the 10% Concept Plans and include additional details including but not limited to:
● Stormwater structure facility locations and anticipated Wet and dry utility relocations, as needed
● Observable right of way and utility conflicts
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35% Preliminary Engineering Plans for each corridor and/or project area will be incorporated into a single set of plans for submission to the city. Plans will be based on City of Modesto Standards, California Manual on Uniform Traffic Control Devices (CA MUTCD), Caltrans standards, National Association of City Transportation Officials (NACTO) and the AASHTO Highway Design Manual.
35% Preliminary Engineering plans for the at-grade crossing will incorporate elements for a potential future quiet zone including but not necessarily limited to; Quad gates, raised medians and channelization, pedestrian gates, and swing gates.
35% Preliminary Engineering Plans shall include the following sheets:

Sheet Type
Scale Assumed No. of
Sheets (up to)
Cover Sheet N/A 1
General notes N/A 2
Key Map N/A 1
Horizontal/Survey Control 1”=100’ 4
Typical Sections N/A 6
Plan and Profile 1”=20’ 10
Civil Layout Plans 1”=20’ 12
Construction Details/Grading Plans
1”=10’ or
1”=20’ 30
Civil Details N/A 5
Utility Plans 1”=20’ 22
Paving Plans 1”=40’ 10
Hardscape/Landscape Plans 1”=20’ 12
Landscape Details N/A 4
Signing and Striping Plans 1”=20’ 12
Signal Plans 1”=20’ 16
Lighting Plans 1”=20’ 10
Signing, Striping, Lighting, and Signal
Details
N/A
4 Structural plans 1”=20’ 2
Mis. Construction Details N/A 6
Assumed Total Sheet Count for 35% Preliminary
Engineering Plans 160
The 35% Preliminary Engineering Plans will provide preliminary information to assist with design coordination to finalize horizontal elements as the project moves to further design stages.

Some data may be omitted for clarity and/or to assist in better coordinating certain project complexities at the 35% Preliminary Engineering Stage. Additionally, this 35% Preliminary Engineering phase will not include detailed grading or other vertical design but is intended to identify critical areas for coordination/discussion with third parties and city staff. #2..
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35% structure level plans will be developed for the identified structure type necessary to provide the connectivity of 9th Street to the Virginia Corridor across the MID Lateral Canal. The 35% plans will include a Design Memo the discusses the structure types considered and the justification of the selection of the preferred alternative. It will discuss utility conflicts and other construction challenges. A General Plan and Foundation Plan for the preferred alternative will be prepared for submittal and comment.

The Preliminary Engineering Plans will be prepared in AutoCAD and will utilize topographic survey data from Task 2.2A and Aerial imagery.

An Engineer’s Opinion of Probable Construction Cost will be prepared utilizing the most recent unit cost information available to the City of Modesto and the Alta team. The 35% Preliminary Engineering Opinion of Probable Construction Cost will be prepared in Microsoft Excel and will utilize a minimum 25% Contingency.

The 35% Preliminary Engineering Plans will be submitted for City review in accordance with a mutually agreed upon schedule. It is assumed that the city will have up to 20 working days to review the Preliminary Engineering Package and provide one set of consolidated and nonconflicting comments. It is anticipated that a comment matrix tracking each comment and response, or a Bluebeam comment session, will be utilized. Once all comments have a preliminary response a virtual comment resolution meeting, up to two hours, will be set with the City of Modesto to discuss responses and recommended resolutions to comments.

All geometric comments, or comments impacting facility geometrics, shall be resolved at the 35% Preliminary Engineering phase. Additional geometric changes to the proposed facility resulting from new and/or additional comments at later phases of design may need additional scope and fee negotiations.

Task 3.1A AutoTurn Exhibits
The Alta Team will prepare AutoTurn Exhibits at modified intersections to show adequate turning radii are provided at the modified intersections to accommodate the design vehicle. Design Vehicles shall be determined in Task 2.1 and Task 2.1A.

Task 3.1 Deliverables:
 35% Plans (Full Size PDF)
 35% Opinion of Probable Construction Cost (PDF)
 35% Structure Design Memorandum (PDF)
 AutoTurn Exhibits (PDF)
Task 3.2 Preliminary Engineering Site Walk and Design Confirmation After completion of the 35% Plans and after receipt of City comments on the 35% Plans a site walk will be scheduled to review the design and further identify specific spot treatments or other vale engineering techniques. This site walk will also serve as a confirmation of proposed improvements prior to beginning the 65% PS&E and resolve outstanding design questions based on the 10% Conceptual Designs and 35% Preliminary Engineering Plans. #2..
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It is anticipated that this Site Walk will commence over a maximum of 2 days in order to meet in the field with stakeholders including, but not limited to; StanRTA, MID, ACE, UPRR, Caltrans Modesto Downtown Improvement District, and others. Additional coordination will occur with Caltrans and UPRR through Tasks 4 and 5.

Task 3.2 Deliverables:
 Site Walk Notes (PDF Scan)
Task 4 Technical Plans and Reports
After approval of the 35% Preliminary Engineering Plans and the Preliminary Engineering Site Walk and Design Confirmation meeting, the Alta Team will prepare Final PS&E for the 9th Street Class I, I Street Class IV, Virginia Corridor Trail Connection, Bus Stop Improvements for StanRTA Route 21, and proposed Sidewalk Improvements along 7th St, G St, 8th St and F St.

The PS&E package will be prepared and submitted at several stages; 65%, 90%, 100%, and Final Bid Documents.

It is assumed that all work within Modesto Irrigation District (MID) right-of-way will follow MID standard plans and specifications as applicable. If there is a conflict between proposed standards in the basis of design memo and MID standards we shall coordinate with MID and City staff to align on the preferred and proposed standard.

The at-grade crossing improvements will incorporate elements for a potential future quiet zone including but not necessarily limited to; Quad gates, raised medians and channelization, pedestrian gates, and swing gates.

It is anticipated that the 65%, 95%, 100%, and Final Bid Documents will include the following plans:

Sheet Type Scale
Assumed No.
of Sheets (up
to)
Cover Sheet N/A 1
General notes N/A 2
Key Map N/A 1
Horizontal/Survey Control 1”=100’ 4
Typical Sections N/A 6
Demolition Plans 1”=20’ 22
Plan and Profiles 1”=20’ 10
Civil Layout Plans 1”=20’ 12
Construction Details/Grading Plans
1”=10’
or
1”=20’ 30
Civil Details N/A 5
Utility Plans 1”=20’ 22
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Paving Plans 1”=40’ 10
Hardscape/Landscape Plans 1”=20’ 12
Landscape Details N/A 4
Irrigation Plans 1”=20’ 12
Irrigation Details N/A 4
Signing and Striping Plans 1”=20’ 12
Signal Plans 1”=20’ 16
Lighting Plans 1”=20’ 10
Signing, Striping, Lighting and Signal
Details
N/A
4 Structural Plans 1”=20’ 10
Storm Drain Profiles N/A 4
Erosion Control 1”=20’ 3
Erosion Control Details N/A 2
Miscellaneous Construction Details N/A 10
Assumed Total Sheet Count for Final
PS&E 228
Task 4.1 65% Roadway Improvement Plans (Plans, Specifications, and Estimate) The 65% PS&E package will be prepared after final comment resolution has been approved on the 35% Preliminary Engineering Plans.

Specifications and details will be prepared based on the 2014 City of Modesto Standard Specifications and CPUC Standards and Specifications when within UPRR Right of Way.

The 65% Specifications will be in outline form (a table of contents) reflecting the anticipated specification sections.

The 65% Opinion of Probable Construction Cost will be prepared based on the 35% Opinion of Probable Construction Cost and will be prepared in Microsoft Excel. A minimum 20% Contingency will be utilized at the 65% PS&E stage.

The 65% PS&E package will be submitted for City review in accordance with a mutually agreed upon schedule. It is assumed that the city will have up to 20 working days to review the Preliminary Engineering Package and provide one set of consolidated and non-conflicting comments. It is anticipated that a comment matrix tracking each comment and response, or a Bluebeam comment session, will be utilized. Once all comments have a preliminary response a virtual comment resolution meeting, up to two hours, will be set with the City of Modesto to discuss responses and recommended resolutions to comments.

Task 4.1.2 Photometric Analysis
The Alta Team will perform a Photometric Analysis utilizing AGi32 Software for the 9th Street Class I, I Street Class IV, Virginia Corridor Trail Connection, and proposed bus stop improvement locations for Stan RTA Route 21. Photometric analysis shall be performed generally from Back of Walk to Back of Walk and incorporate existing light #2..
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fixtures to identify existing conditions and recommendations for improved street and safety lighting along the corridor, at intersections, and bus stops. Analysis shall consider both the roadway lighting illuminance, pedestrian level lighting (sidewalks), and lighting at crosswalks. The City shall provide lighting data and manufacturer information to perform photometric analysis. Analysis will be compared to City of Modesto lighting standards and/or Illuminating Engineering Society (IES) Recommended Practice:

Lighting Roadway and Parking Facilities Standards (ANSI/IES RP-8-22).

Task 4.1 Deliverables:
 65% Plans (Full Size PDF)
 65% Specification Outline (PDF)
 65% Opinion of Probable Construction Cost (PDF)
 Photometric Analysis Exhibit (PDF)
Task 4.2 95% Roadway Improvement Plans (Plans, Specifications, and Estimate) The 95% PS&E package will be prepared after final comment resolution has been approved on the 65% PS&E Package.

Specifications and details will be prepared based on the 2014 City of Modesto Standard Specifications and CPUC Standards and Specifications when within UPRR Right of Way.

City shall provide front end specifications to be incorporated into the 95% Specifications.

The 95% Opinion of Probable Construction Cost will be prepared based on the 65% Opinion of Probable Construction Cost and will be prepared in Microsoft Excel. A minimum 15% Contingency will be utilized at the 95% PS&E stage.

The 95% PS&E package will be submitted for City review in accordance with a mutually agreed upon schedule. It is assumed that the city will have up to 20 working days to review the Preliminary Engineering Package and provide one set of consolidated and non-conflicting comments. It is anticipated that a comment matrix tracking each comment and response, or a Bluebeam comment session, will be utilized. Once all comments have a preliminary response a virtual comment resolution meeting, up to two hours, will be set with the City of Modesto to discuss responses and recommended resolutions to comments.

Task 4.2 Deliverables:
 95% Plans (Full Size PDF)
 95% Specification Outline (PDF)
 95% Opinion of Probable Construction Cost (PDF)
Task 4.3 100% Roadway Improvement Plans (Plans, Specifications, and Estimate) The 100% PS&E package will be prepared after final comment resolution has been approved on the 95% PS&E Package.
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Specifications and details will be prepared based on the 2014 City of Modesto Standard Specifications for all improvements within City of Modesto Right of Way, the Caltrans Standard Specifications for all improvements within Caltrans Right of Way, and CPUC Standards and Specifications when within UPRR Right of Way.

The 100% Opinion of Probable Construction Cost will be prepared based on the 95% Opinion of Probable Construction Cost and will be prepared in Microsoft Excel. A minimum 10% Contingency will be utilized at the 100% PS&E stage.

The 100% PS&E package will be submitted for City review in accordance with a mutually agreed upon schedule. It is assumed that the city will have up to 10 working days to review the Preliminary Engineering Package and provide one set of consolidated and non-conflicting comments. It is anticipated that a comment matrix tracking each comment and response, or a Bluebeam comment session, will be utilized. Once all comments have a preliminary response a virtual comment resolution meeting, up to two hours, will be set with the City of Modesto to discuss responses and recommended resolutions to comments.

Task 4.3 Deliverables:
 100% Plans (Full Size PDF)
 100% Specification Outline (PDF)
 100% Opinion of Probable Construction Cost (PDF)
Task 4.4 Final Roadway Improvement Plans (Plans, Specifications, and Estimate) The Final PS&E package will be prepared after final comment resolution has been approved on the 100% PS&E Package.

Specifications and details will be prepared based on the 2014 City of Modesto Standard Specifications and CPUC Standards and Specifications when within UPRR Right of Way.

The Final Opinion of Probable Construction Cost will be prepared based on the 100% Opinion of Probable Construction Cost and will be prepared in Microsoft Excel. A minimum 5% Contingency will be utilized at the Final PS&E stage.

The Final PS&E package will be submitted to the City and incorporated into the Final Bid Package.

Task 4.4 Deliverables:
 Final Plans (Full Size PDF, AutoCAD files)
 Final Specifications (PDF)
 Final Opinion of Probable Construction Cost (PDF)
Task 4.5 National Environmental Policy Act (NEPA)/California Environmental Quality Act (CEQA) Documentation
The following environmental scope of work has been developed based on the following key assumptions:
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 This City of Modesto (City) will be the Lead Agency for California Environmental Quality Act (CEQA) review and Caltrans will be the National Environmental Protection Act (NEPA) lead. Should another agency be identified as the NEPA lead, a revised scope and fee will be required.
 Supporting technical documents will be developed pursuant to Caltrans’ Standard Environmental Reference (SER).
 One project design alternative is assessed through environmental review.

Task 4.5A –Field Review Package
The Kimley-Horn work program will be initiated with the kick-off meeting/discussion, which will define the parameters of the analysis, scheduling, and understanding of the project. To acquire relevant environmental data and background information, Kimley-Horn will coordinate with appropriate City departments, use previous studies for the area and other available files, and rely on existing exhibits, maps and reference documents. Environmental issues that may require further detailed study or that may delay or affect the viability of the project will be documented.

To initiate project review activities with Caltrans, Kimley-Horn will prepare and submit the Field Review Package comprising applicable Local Assistance Procedures Manual (LAPM) Chapter 7 forms and the Chapter 6 Preliminary Environmental Study form 6A. Kimley-Horn will draft the Field Review Package for City review. After City review, Kimley-Horn will revise the Field Review Package as appropriate and submit the Field Review Package to Caltrans.

Kimley-Horn will be available for one, virtual field review meeting with Caltrans and the City to review the area and take comments on the Field Review Package. After the meeting, Caltrans is anticipated to review the Field Review Package for up to 1 month then provide the City a signed PES letter detailing the approved scope of work.

Task 4.5A Deliverables:
 One (1) Draft PDF copy of the Field Review Package for City review.  One (1) Final PDF copy of the Field Review Package for City / Caltrans review and approval.

Task 4.5B – Environmental Technical Studies
Under CEQA and NEPA, it is anticipated and assumed that the Project would qualify for environmental clearance under a Categorical Exemption and Categorical Exclusion, respectively. Thus, limited environmental technical studies are anticipated to be required.

Kimley-Horn proposes to prepare technical studies in conformance with NEPA, pertinent FHWA regulations, Caltrans’ SER, and CEQA. Should Caltrans review of the PES require additional reports beyond those listed as anticipated, Kimley-Horn can provide those services under a separate scope and fee. The following technical reports are anticipated - #2..
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Area of Potential Effect Map
Kimley-Horn assumes that the project will qualify as a class eight screened undertaking pursuant to Appendix 2 of the Section 106 programmatic Agreement /Public Resources Code 5024 Memorandum Of Understanding - “Addition of bicycle lanes or pedestrian walkways”. Thus, Kimley-Horn assumes that Caltrans will require an Area of Potential Effects (APE) map but not require any additional cultural resource reporting deliverables. Kimley-Horn will prepare and submit the APE map for Caltrans review and approval. The APE map will be incorporated into the Screened Undertaking memorandum prepared by Caltrans PQS. This scope assumes one round of City and one round of Caltrans review, two rounds of revisions total, for the APE map. Should Caltrans require cultural resource technical studies, an additional scope and fee will be required.

Air Quality Memorandum
The project is anticipated to be exempt from review pursuant to 40 CFR 93.126 as it is classified as “bicycle and pedestrian facilities”. Kimley-Horn will submit the project form to Air Quality Conformity Task Force staff for confirmation of exemption via email. This task includes Kimley-Horn staff time to compile relevant project information and communicate with Caltrans and Task Force staff for concurrence, up to 10 hours.

Noise Memorandum
The project would not add new lanes or move lanes closer to sensitive receptors; therefore, it is not a Type I project as defined by Title 23, Part 772 of the Code of Federal Regulations (23 CFR 772). Kimley-Horn will prepare a brief memorandum documenting why the project is not a Type I project. This task includes up to 10 hours of staff time.

Phase I Initial Site Assessment
Kimley-Horn will prepare a Phase I Initial Site Assessment (ISA) report for the proposed improvement pursuant to the latest SER guidance. The ISA study will be prepared to identify potentially hazardous waste sites and evaluate environmental factors that may have impacted the soil groundwater quality within the project limits. The study will include data collection and documents research including historical land use based on study of aerial photographs and other relevant documents. The data research will be ordered from Environmental Data Research Inc. (EDR Inc.) for the proposed project. Aerial photographs will be reviewed. No field exploration and/or testing are included in this phase of the work. The results of the database search will be summarized and presented in a report, describing the existing or potential recognized environmental conditions (RECs) within the project area.

Water Quality Assessment Report Memorandum
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effects on water quality is required. However, since the bridge will be free spanning, effects on water quality are anticipated to be minimal. Kimley-Horn will prepare a Water Quality Assessment Report Technical Memorandum according to the latest SER guidance to document the project’s anticipated effects on water quality. This scope includes one round of City and one round of Caltrans review for two total revisions.

Visual Impact Assessment Memorandum
Kimley- Horn has used Caltrans’ Visual Impact Assessment Questionnaire and determined that the project is likely to require a Minor Visual Impact Assessment Memorandum. The VIA memorandum will be prepared using Caltrans’ then current Annotated Outline. This scope assumes one round of City review and one round of Caltrans review for a total of two revisions. Visual simulations are not required for a Minor Visual Impact Assessment memorandum. However, should Caltrans require visual simulations, Kimley-Horn can provide these for an additional scope and fee.

Community Impact Assessment Memorandum
Given the scope of the improvements, no property acquisition is anticipated and there would be no displacement of any existing business or residences. Access (interchanges) would not be substantially modified. As a result, the effect of the project on the local and regional community are anticipated to be minimal (no substantial property impacts and no change in local or regional access). However, the proposed project would connect to an existing trail and is proposed in the areas recognized by the California Environmental Protection Agency (CalEPA) as disadvantaged communities. Kimley-Horn will prepare a Community Impact Assessment (CIA) Memorandum that focuses on the project’s potential impacts to existing trails and disadvantaged communities. All other topics listed in the then current Annotated outline will only be briefly addresses as no effects are anticipated. This scope assumes one round of City review and one round of Caltrans review for a total of two revisions.

Task 4.5B Deliverables:
 One (1) Draft PDF copy of the:
o Area of Potential Effect Map
o Air Quality Memorandum
o Noise Memorandum
o Phase I Initial Site Assessment
o Water Quality Assessment Report Memorandum
o Visual Impact Assessment Memorandum
o Community Impact Assessment Memorandum
 One (1) Final PDF copy of the:
o Area of Potential Effect Map
o Air Quality Memorandum
o Noise Memorandum
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o Phase I Initial Site Assessment
o Water Quality Assessment Report Memorandum
o Visual Impact Assessment Memorandum
o Community Impact Assessment Memorandum
Task 4.5C – CEQA Compliance
Kimley-Horn will prepare a Notice of Exemption (NOE) form and project description memorandum for the project. As the City of Modesto will be the lead agency for CEQA, the NOE form and memorandum will be provided to the City for review. This scope includes one round of revisions in response to one consolidated round of comments from the City. We anticipate submitting the NOE form to Caltrans as a good partner, but that they will not have comments. This scope of work assumes the City will file the NOE with the County Clerk and the State Clearinghouse.

Task 4.5C Deliverables:
 One (1) PDF copy of the Draft NOE and memorandum
 One (1) PDF copy of the Final NOE and memorandum
Task 4.5D – NEPA Compliance
This scope of work assumes Caltrans will prepare an file a NEPA Categorical Exclusion pursuant to Section 23 USC 326, 23 CFR 771 activity (c)(8) based on the reports prepared per sub-task 4.6.2. Kimley-Horn will coordinate with Caltrans staff to provide them with a final set of approved tech reports to support the NEPA Categorical Exclusion. This scope includes up to 10 hours of Kimley-Horn staff time.

Task 5 Develop Construction Bid Documents

5.1 Right of Way Support

5.1A Right of Way Cost Estimates
Monument will coordinate with the design team to identify right-of-way acquisitions resulting from the proposed improvements. Additionally, Monument will provide information about existing conditions within the project limits including, land use, and any existing rights or encumbrances known to exist on the affected properties. The specific steps Monument will take to determine impacts and estimate costs are as follows:
 Perform a GIS analysis to identify property and rights potentially affected by the proposed design
 Use publicly available data and other real estate resources to confirm the ownership, land use, zoning, lot size, and improvements for each affected property
 Perform a desktop inspection of properties to confirm the probable acquisition type (fee, easement, temporary construction easement, etc.) including identifying existing uses or personal property to be relocated (if any). #2..
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 Calculate the fee and/or easement area (including temporary construction easements) that will need to be acquired for each impacted property using design data and assessor boundary information
 Estimate the total capital cost of acquisition for all parcels including real estate costs, relocation assistance, severance damages, loss of goodwill, fixtures and equipment, demolition and clearance
 Estimate permit costs
 Estimate the total support cost for all parcels including appraisal fees, condemnation costs, title and escrow fees, environmental fees, and consultant fees as necessary
 Escalate costs to anticipated right-of-way acquisition date  Prepare a draft Caltrans Right of Way Data Sheet using Caltrans Exhibit 17-EX21 (Right of Way Data Sheet for Local Public Agencies) for the Build Alternatives
 Update the RWDS based on comments from the design team and the City and submit a final Draft RWDS.
 Respond to comments from Caltrans R/W as necessary and make required updates to the Data Sheets.

5.1B Waiver Valuations
For federally funded projects, an appraisal is not required if it is determined that the proposed acquisition is uncomplicated, and the fair market value is estimated at $15,000 or less. Accordingly, Monument will prepare a valuation report by utilizing the “Waiver Valuation in Lieu of Appraisal” procedures described under 49 CFR 24.102(c)(2) and Chapter 7, Section 07.02.13, of the Caltrans Right of Way Manual. Waiver Valuations are suitable for the purpose of establishing the amount of Just Compensation and conducting good faith negotiations, however, they cannot be used for eminent domain proceedings.

This process will include:
● Preparing and mailing a “Notice of Decision to Inspect” to the property owner including the appropriate Acquisition Brochure and Title VI information, and a request to conduct an on-site inspection of the property. ● Reviewing design plans, title information, legal descriptions and plat maps, and any other information pertaining to the subject property.
● Performing an inspection of the subject property with the owner and documenting and photographing the use, special features and any site improvements within the proposed acquisition area.
● Researching and analyzing relevant market information and formulating the valuation amount of the proposed acquisition.
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Preparing a “Waiver Valuation in Lieu of Appraisal” report utilizing the Caltrans form 7- EX-21A provided in Chapter 7 “Appraisal” in the Caltrans Right of Way Manual

5.1C Acquisition and Negotiation
Based on our understanding of the project and information provided by the City, Monument assumes that the Project will require the acquisition of one MID license agreement up to 4 Temporary Construction Easements. Monument will provide all acquisition services required for the City to purchase the right-of-way required to construct the Project. All tasks will be performed in accordance with applicable Federal, State and local regulations, and the City’s internal policies and procedures. Specifically, Monument will:
 Provide all acquisition services in a timely, efficient manner and at a reasonable cost. Work shall be performed in accordance with all applicable Federal, State, and local regulations.
 Coordinate and manage the acquisition process with the City, legal counsel, design team, property owners, and tenants along with the title company, appraisers, and other consultants to insure effective cross-discipline communications.  Review right-of-way plans, appraisal reports, title reports, appraisal maps and legal descriptions and all other pertinent documents.
 Prepare acquisition offer packages consisting of the City’s written purchase offer, appraisal summary statement, acquisition brochure, acquisition agreement, conveying instruments (Grant Deed, Permanent and/or Temporary Easements, etc.), Certificate of Acceptance, recommendation of amount of Just Compensation, plat maps and legal descriptions, and Title VI Information.  Monument’s acquisition agent will meet personally with each property owner to present the City’s purchase offer, explain the project design requirement, and inform him or her of the City’s right-of-way acquisition process.  Negotiate personally in good faith with each property owner, his/her agent or representative and discuss the valuation of the property interests, gather information for consideration and address any questions or concerns that may arise during the acquisition process.
 Establish and maintain an acquisition file for each property owner or property interest acquired and maintain a file checklist pursuant to the City’s specifications.  Promptly transmit executed documents (acquisition agreements, executed deeds, rental agreements, statements of information, offset statements, and the like) to the City for acceptance and processing. A report summarizing the pertinent information relative to the transaction will be included.
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 Prepare and submit a Letter of Recommendation to the City for any proposed administrative settlements with property owners. The letter will include a chronology of the negotiation efforts, provide supporting evidence and documentation and an explanation of the benefits and rationale behind the recommendation.
 Escrow Coordination (optional) – Coordinate opening of escrows, assist the escrow company in obtaining additional documentation as necessary to provide clear title to the City, supervise and review the closing of escrows, and review closing statements for completeness and accuracy. We will serve as liaison between the title company, escrow holder, and the City.
 Recommend condemnation action when negotiations have reached an impasse. The required justification will be submitted in writing to the City. Our primary goal will be to reach an acceptance of the offer with each property owner. We will work with the City in recommending solutions to achieve acceptance of the offer.  Perform any other normal procedures and processes to implement the acquisition assignment and provide any other supporting information and/or correspondence required by the City.
 Provide bilingual acquisition agents, if necessary.
 Prepare all applicable forms, secure property owner’s approval and signature and submit the forms to the City for review and acceptance.

Upon completion of the acquisition process for each property or property interest, or at project completion, Monument will provide the City with the original acquisition file as well as electronic copy of files for future audit purposes.

Monument will coordinate with MID to obtain the required license agreement to construct and operate the bike path and bridge within MID right-of-way. Tasks to include development of agreement and terms, delivery of required exhibits and documentation and attendance at up to two coordination meetings with MID.

5.1D Land Description Package for Virginia Corridor Improvements Land description packages are a component in the overall property acquisition process.

Whether it involves a right-of-way dedication, granting of an easement, or exchanging fee ownership with a government entity, each land description package will precisely define the limits of the property rights to be exchanged. The process is generally driven by an owner working in conjunction with their chosen title company who will provide deed preparation and recording services and may be accompanied by property appraisal and legal services provided by others.
a. Prepare up to two (2) land description package, including: a written description, a plat (exhibit), and closure report (if applicable) per package. #2..
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b. Each land description package will support one acquisition type from a single owner across all contiguously owned legal parcels.

This task includes coordination with MID to obtain the required license agreement to construct and operate the bike path and bridge within MID right-of-way to include development of exhibits and documentation and attendance at up to two coordination meetings with MID.

Task 5.1 Deliverables:
 Up to five (5) waiver valuations
 Up to four (4) executed Agreements and Easements/Temporary Construction Easements  Up to one (1) executed MID license agreement
 Up to two Land description packages signed and stamped by a California Licensed Professional Land Surveyor

5.2 Permit Support and Utility Coordination
Task 5.2A Caltrans Permitting Support
Kimley-Horn will prepare the Caltrans Encroachment Permit Application submittal for the improvements within Caltrans right-of-way. Anticipated documentation to be included in the Caltrans encroachment permit application includes:
• Encroachment Permit Application
• Letter of Authorization – To be drafted by Kimley-Horn for the City to place on City letterhead with signature
• Applicant’s checklist to determine applicable review process (Form TR 0416) • 100% PS&E design plans (Task 5.3)
• Engineer’s Estimate of Work within Caltrans right-of-way • Technical Specifications – Assumed to submit previously completed project specifications (Task 5.3). No revisions/updates anticipated. • Notice of Exemption – Assumed to be provided by the City • Maintenance Agreement – Assumed to be developed by the City. If required, Kimley-Horn will provide support to develop backup materials for the agreement
It is assumed that all fees associated with the Encroachment Permit will be paid for by the City. Kimley-Horn fees do not include any application/permit fees. Our assumption is that this project can proceed through the Caltrans Encroachment Permit process, and does not need to be proceed through a Design Engineering Evaluation Report (DEER). If Caltrans requires a DEER for this project, additional scope and fee will be required. #2..
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Caltrans will also be coordinated for work associated with Task 5.2B and the required atgrade crossing improvements on I St between 9th St and 8th St.

Task 5.2B UPRR Approval and CPUC GO-88B Support
The critical improvement elements aim to provide a safe and bicycle/pedestrian-friendly environment for crossing the railroad tracks while accommodating the new lane configurations.

Our team will lead the coordination with the City, UPRR and CPUC for review and approval of the railroad crossing modifications. An initial step will be a virtual diagnostic meeting to discuss the proposed project, proposed approach to reviews and approvals and other items that are more appropriate in an office environment. Once the virtual meeting is conducted a field diagnostic meeting with all members of the diagnostic team on-site will follow. This field meeting will focus on the field issues and any other items that will need to be considered in the design.

Our team will lead efforts on documentation, review, approval and agreements between all parties, including any necessary right of entry permits to perform field work and technical studies (e.g., queue studies). A flow chart for the UPRR and CPUC approval process is provided below to illustrate the required activities for approval.

Our team will support the City in securing a Construction and Maintenance (C&M) with UPRR. It is assumed that C&M Agreement will be between the City and UPRR, and the agreement support will consist of, but not be limited to, the preparation of plat maps delineating the existing and new installations of infrastructure on UPRR property as part of any license agreements for new encroachments, i.e., new sidewalks, panels, and other #2..
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field elements. Our team will prepare the GO 88-B application package which will include the CPUC requirements such as existing and proposed railroad equipment, roadway profiles, applicable exhibits, railroad preemption calculations and related exhibits. The draft GO 88-B application will be prepared and submitted for review on or prior to the submittal of the 100% design submittal to UPRR and CPUC.

Caltrans, ACE, and StanRTA will also be incorporated in design coordination for the atgrade crossing improvements on I St between 9th St and 8th St.

It is our understanding that the City may seek to implement a quiet zone in the Downtown Modesto area (limits yet to be determined) including the I St at-grade crossing between 9th St and 8th St. Our team will work with the City to incorporate quiet zone safety elements at the I St at-grade crossing between 9th St and 8th St. If the City determines a Quiet Zone shall be implemented as part of this project our team is available to provide additional support and design at other at-grade crossings for an additional fee to be negotiated at a later date.

Task 5.2B Deliverable:
 Diagnostic Team Meeting Agenda and Notes
 General Order 88-B Submittal
 Construction & Maintenance Agreement Support
Task 5.2C SWRCB Permitting Support
The Alta team will prepare necessary documents If the project is subject to the State Water Resources Control Board (SWRCB) Construction General Permit (CGP), prepare and submit all required CGP registration documents, including but not limited to a Notice of Intent (NOI), and a Notice of Termination to the SWRCB and provide required staff to support CGP compliance at each stage of construction. Also, assist the City to complete MRP provision C.6, Construction Site Control, reporting.

Review SWPPP reports/documents submitted by contractor during construction to evaluate compliance with Provision C.6, Construction Site Control, of the MRP Task 5.2D Utility Support and Potholing
The below ten utility owners have been identified by underground services and the RFP as possibly having facilities present in the project area and will need to be addressed:
 AT&T Distribution
 City of Modesto
 Cogent Communications – Sprint
 Comcast
 CVI Net
 Kinder Morgan
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 Level 3 / Lumen
 Modesto Irrigation District
 PG&E
 Zayo
Monument's Utility Relocation Support encompasses the following comprehensive services:
 Monument will serve as the primary liaison with utility owners identified on the utility plans.
 Obtain and organize utility facility maps.
 Actively engage in monthly Project Development Team (PDT) meetings, with an estimated participation of 18 meetings.
 Collaborate with the design team to identify and verify facilities considered in conflict.
 Coordinate with the design team in preparing the conflict matrix and exhibits required for utility companies with conflicting facilities.  Prepare and send the City Relocation Claim Letters, facilitating the verification of utility easements and initiation of relocation plans (estimated issuance of 2 letters).
 Determine if utility companies hold prior rights for each conflicting utility.  Plan and facilitate meetings among utility owners and the design team as needed to discuss project design, utility conflicts, relocation alternatives, and conflict resolution plans (estimated 4 meetings, including field meetings).  Determine liability for facilities conflicting with the project (estimated for 2 conflicts).
 Collaborate with the City for the review and approvals of all submittals.  Obtain detailed relocation plans and, if necessary, cost estimates from utility owners.
 Draft and issue no-conflict letters for facilities not impacting proposed improvements.
 Draft meeting agendas and minutes to ensure thorough documentation.  Assemble and deliver the final close-out file for the utility relocation process and provide all correspondence with utility companies.

In order to significantly reduce the risk of damages and injury associated with contacting or cutting underground utilities, Monument will perform utility potholing to positively confirm the location and depth of the utilities within the project limits. Monument proposes to engage a licensed pothole company to conduct potholing services, coordinating the determination of existing horizontal and vertical locations of underground utility facilities. This process will align with Caltrans' High Low Risk Policies and Procedures.
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Our commitment includes overseeing the review of the potholing company's insurance policy to ensure compliance and inclusion of the City. Monument will collaborate with the project engineer, positive utility location company, and utility companies to perform potholing activities aimed at verifying the depths of underground facilities. In instances where the utility owner is responsible for positive location efforts, Monument will facilitate the necessary notices to the utility owner and assist in obtaining any required permits.

Task 5.2 Deliverables:
 Caltrans Encroachment Permit and Project Approval
 CPUC GO-88B approval and UPRR improvement approval
 SWRCB Permit Approval
 Utility pothole report

5.3 Bid Package Preparation and Bid Support
The Alta Team will support the City in preparation of a bid package for the city to post for bids.

The bid package will include the construction documents prepared in Task 4, Permits, TCE’s and other agreements acquired in Task 5, and a list of additional permits a contractor shall procure.

The Alta Team will support the City throughout the bidding process. We shall attend and participate in up to one pre-bid meeting, prepare responses to requests for clarification or information, and prepare addenda to the plans and/or specifications, if needed.

Task 5.3 Deliverables:
 Bid Package Documents (PDF)
 Response to bidder questions (Word Document, PDF, or email)  Bid Addenda (PDF)
Task 6 Construction Management and Final Project Delivery Task 6.1 Construction Support and Final Project Delivery During the construction phase, the Alta team will support the City by:
 Participating the pre-construction meeting and other meetings, as-needed  Respond to RFIs, review and approve Contractor change orders, review and approve working and shop drawings, and help resolve discrepancies in the contract documents upon request of the Resident Engineer  Prepare meeting agenda and minutes and written documentation of site observations as necessary
 Review SWPPP reports/documents submitted by contractor during construction to evaluate compliance with Provision C.6, Construction Site Control, of the MRP
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 Preparation of record drawings based on Contractor As-Builts  Provide post-construction assistance, as needed, for claims mitigation Note that services under this task do not include field inspections, materials testing, and providing direction to the Contractor for any safety-related issues.

The consultant has assumed a maximum of 260 hours for this task. Hours beyond will be considered extra work and provided for on a time and materials basis, only with preapproval by the City.

This task should be considered negotiable.

Task 6.1A Pre-Construction Monument Preservation
 Perform a field survey to locate monuments that may be disturbed by construction.
 Establish durable reference ties to monuments located outside of the presumed construction limits.
 Prepare and submit corner records to Stanislaus County allowing the public agency to comply with the pre-construction monument preservation requirements Section 8771 of the Professional Land Surveyors’ Act.

Task 6.1 Deliverables:
 RFI and Submittal responses
 Meeting agendas and minutes
 Change order Documents
 PDF copy of final corner records
 Record Drawings
Task 7 Additional Technical Assistance at City Request
Task 7.1 Grant Application and other technical support
The Alta Team will provide additional services, as requested by the City, including but not limited to: exhibits, cost estimates, and completing application forms for grant applications; prepare additional drawings and supporting documents, conduct additional site visits, or provide additional technical assistance as requested.

Any such additional drawings and/or services require prior approval from the City. The Alta Team shall also provide survey monument support, if requested by the City. This may include filing corner records with the County Surveyor for monuments within project limits, and replacement of destroyed monuments per Chapter 2, “Submittal, Permitting, & Survey Requirements of City of Modesto Standard Specifications and per Detail No. 212, or as otherwise approved by the Senior Land Surveyor.

This task should be considered negotiable.
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Task 7.1 Deliverables:
 Grant Application documents and assistance
 Plans, drawings, and other supporting documents, as requested  Additional coordination to other UPRR related projects in the City during the time of this project scope
 Survey Monument Support
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✔
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California Levine Act Disclosure
California Government Code Section 84308, also known as the "Levine Act", prohibits City “officers” from participating in any action related to a license, permit, or other entitlement for use (a “proceeding”) if such member accepts, solicits, or directs political contributions from a party to the proceeding or their agent totaling more than $500 while the proceeding is pending before the agency, and for twelve (12) months following the date a decision concerning the proceeding has been made. The Levine Act also requires disclosure of such contribution by a party to the proceeding.

Section 84308(a)(4) of the Levine Act defines an "officer" as follows: “Officer” means any elected or appointed officer of an agency, any alternate to an elected or appointed officer of an agency, and any candidate for elective office in an agency. The term “officer” is further defined 2 Cal. Code Regs. Section 18438.1, which states:

An officer of an agency includes only those persons who make, participate in making, or in any way attempt to use their official position to influence a decision in the license, permit, or entitlement for use proceeding, or who exercise authority or budgetary control over the agency of officers who may do so, and:
(1) Serve in an elected position, including an official appointed to an elected position due to an interim vacancy or an election otherwise canceled because the official wasthe sole candidate for the position; (2) Serve as a member of a board or commission;
(3) Serve as the chief executive of a state agency, or county, city or district of any kind; or (4)Have decision making authority with respect to the proceeding involving a license, permit, orother entitlement for use and is also a candidate for elected office or has been a candidate for elective office in the 12 months prior to the proceeding.

A list of Modesto City Council Board Members can be found online at: Modesto City Council https://modestogov.com/706/Council-Members (modestogov.com). The party making this certification is responsible for determining whether a recipient of a political contribution is a City officer prior to answering the following questions:

1. Have you, your company, or any agent on behalf of you or your company, made any political contributions of more than $500 to any City officer, in the twelve (12) months preceding the date of the submission of your proposals or the anticipated date of any Council action related to this contract?
YES If yes, please identify theCouncilmember(s):

NO

2. Do you, or your company, or any agent on behalf of you or your company, anticipate or plan to make any political contribution of more than $500 to any City officer in the twelve (12) months following any Council action related to this contract?
YES If yes, please identify the Councilmember(s):

NO
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Answering YES to either of the questions above does not preclude the City of Modesto from awarding a contract to your firm or taking any subsequent action related to the contract. It may, however, preclude the identified City officer from participating in any actions related to such contract.

HEREBY CERTIFY UNDER PENALTY OF PERJURY UNDER THE LAWS OF THE STATEOF CALIFORNIA THAT THE FOREGOING IS TRUE AND CORRECT.
05/20/2025 KatieMangle Katie Mangle (May 20, 2025 15:39 PDT) Date Signature of authorized individual
Alta Planning + Design, Inc.

Company/Applicant Name
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11/17/2024
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Auth of Purchase 9th and I Street
Final Audit Report 2024-11-08
Created: 2024-11-08
By: Juana Lynch ([email protected])
Status: Signed
Transaction ID: CBJCHBCAABAAclxkpRocYXQptSYIkbRQoP5qA_sbzaPm "Auth of Purchase 9th and I Street" History
Document created by Juana Lynch ([email protected]) 2024-11-08 - 0:10:20 AM GMT
Document emailed to DeAnna Christensen ([email protected]) for signature 2024-11-08 - 0:12:05 AM GMT
Email viewed by DeAnna Christensen ([email protected]) 2024-11-08 - 0:25:09 AM GMT
Document e-signed by DeAnna Christensen ([email protected]) Signature Date: 2024-11-08 - 0:25:40 AM GMT - Time Source: server Document emailed to Joseph Lopez ([email protected]) for signature 2024-11-08 - 0:25:42 AM GMT
Email viewed by Joseph Lopez ([email protected])
2024-11-08 - 0:29:55 AM GMT
Document e-signed by Joseph Lopez ([email protected]) Signature Date: 2024-11-08 - 0:30:14 AM GMT - Time Source: server Agreement completed. 2024-11-08 - 0:30:14 AM GMT
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