FISCAL IMPACT:
City expenditures related to the review of the project are funded by application fees provided by the Applicant.
COMMITTEE RECOMMENDATION:
This matter was considered by the Planning Commission at its April 21, 2025, meeting, at which time the Planning Commission voted to recommend approval to the City Council by a 7-0 vote.
CEQA REQUIREMENTS:
An evaluation, EA/C&ED No. 2025-04 has been performed by staff in accordance with the requirements of Section 15162 of the CEQA Guidelines, which concluded that no further documentation with regard to CEQA is required for this project.
Due to the conclusion reached by the Section 15162 analysis, City staff has determined that the project is exempt from CEQA pursuant to Section 15182(c)(1) of the CEQA Guidelines, which exempts residential projects implementing Specific Plans that are undertaken pursuant to and in conformity to the associated Specific Plan, and has prepared a Notice of Exemption, EA/C&ED 2025-03.
RECOMMENDED COUNCIL ACTION:
Staff Recommendations:
Motion introducing and waiving the first reading of an Ordinance amending Precise Plan No. 35 South of the Village One Specific Plan to modify the Circulation Plan and adopting the 15162 analysis and CEQA exemption.
Attachments:
1. Ordinance Amending Precise Plan No. 35 south in the Village One Specific Plan
2. 15162 Analysis
3. Notice of Exemption
4. Financial Interest Disclosure Form
5. Levine Act Form
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1 ORDINANCE NO. -C.S.
AN ORDINANCE OF THE CITY COUNCIL OF MODESTO AMENDING
PRECISE PLAN NO. 35 SOUTH OF THE VILLAGE ONE SPECIFIC
PLAN TO MODIFY THE CIRCULATION PLAN AND ADOPTING THE
15162 ANALYSIS AND CEQA EXEMPTION
WHEREAS, the City Council, on October 16, 1990, adopted the Village One Specific Plan, pursuant to California Government Code Section 65450 et. seq., to implement the Modesto Urban Area General Plan in this area; and
WHEREAS, the Village One Specific Plan is divided into 35 precise plan areas, and a precise plan is required prior to development in each area; and WHEREAS, a Precise Plan for the portion of Area No. 35 located south of Milnes Road, known as Precise Plan No. 35 South, was approved by the City Council by Ordinance No. 3777- C.S. on January 23, 2024; and
WHEREAS, an application has been filed by DR Horton Bay Inc. for an amendment to the circulation plan of Precise Plan No. 35 South, to facilitate the development of 527 singlefamily homes, five landscape lots, and a 3.5-acre park, on property located east of Claus Road and north of E. Briggsmore Avenue; and
WHEREAS, said application was made concurrently with an application for the Amendment of the Final Development Plan for the Crossings, in Precise Plan 35, in the Village One Specific Plan, for architectural substitutions; and WHEREAS, an evaluation, EA/C&ED No. 2025-04 has been performed by staff in accordance with the requirements of Section 15162 of the CEQA Guidelines; and WHEREAS, the evaluation under Section 15162 of the CEQA Guidelines concluded that no further documentation with regard to CEQA is required for this project; and #32..
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2 WHEREAS, due to the conclusions reached by the Section 15162 analysis, staff has determined that the project is exempt from CEQA pursuant to Section 15182 of the CEQA Guidelines, which exempts residential projects implementing Specific Plans that are undertaken pursuant to and in conformity to the associated Specific Plan, and has prepared a Notice of Exemption, EA/C&ED 2025-03; and
WHEREAS, a public hearing was held by the Planning Commission on April 21, 2025, in Chambers, Tenth Street Place, 1010 10th Street, Modesto, California, at which hearing evidence both oral and documentary was received and considered; and WHEREAS, the Planning Commission, at its April 21, 2025, meeting, by a vote of 7-0 recommended approval of the proposed Amendment to Precise Plan No. 35 South; and WHEREAS, a public hearing was held by the City Council of the City of Modesto on June 24, 2025, in Chambers, Tenth Street Place, 1010 10th Street, Modesto, California, at which hearing evidence both oral and documentary was received and considered, NOW, THEREFORE, the City Council of the City of Modesto does hereby ordain as follows:
SECTION 1. FINDINGS. The City Council finds and determines as follows:
A. The proposed amendment to Precise Plan No. 35 South will not be detrimental to the public health, safety, or welfare. The applicant cites that the revised circulation plan provides a number of benefits, including reduced street and landscape maintenance costs and additional on-street parking that would be beneficial to the public welfare.
B. The proposed amendment to Precise Plan No. 35 South will result in an orderly planned use of land. This proposal revises the circulation element and provides an orderly and planned layout for the subdivision.
C. The proposed amendment to Precise Plan No. 35 South is in accordance with the community’s objectives as set forth in the General Plan and Village One Specific Plan, because the amendment to the Circulation plan would allow for the #32..
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3 development of single-family residential uses that is consistent with the Village One Specific Plan. The amendment revises the Circulation plan to modify several streets shown in the original plan as having a 60-foot right of way to instead have a 48-foot right of way, with a different cross-section. The amendment would allow for reduced CFD costs, reduced street and landscape maintenance costs, allow for additional on-street parking, and enable larger overall front and rear yards within the development. The General Plan designates the proposed development site as Residential (R), which allows for single-family residential uses.
SECTION 2. AMENDMENT OF PRECISE PLAN NO. 35 SOUTH OF THE VILLAGE ONE SPECIFIC PLAN.
The circulation plan for Precise Plan No. 35 south of the Village One Specific Plan, is hereby amended as follows (with deletions in strikethrough and additions in underline):
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4 #32..
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5 REVISED CIRCULATION PLAN FOR PRECISE PLAN NO. 35 SOUTH #32..
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6 SECTION 3. CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA).
On the basis of evaluation EA/C&ED 2025-004, performed in accordance with the requirements of Section 15162 of the CEQA Guidelines, Subsequent EIRs and Negative Declarations, the City Council has determined that no further documentation with regard to CEQA is required for this project.
The City Council has further determined that this project is exempt from CEQA pursuant to Section 15182 of the CEQA Guidelines, Projects Pursuant to a Specific Plan, part c, subpart 1, which exempts residential projects implementing Specific Plans that are undertaken pursuant to and in conformity to the associated Specific Plan, and hereby adopts Notice of Exemption EA/C&ED 2025-003.
SECTION 4. EFFECTIVE DATE.
This ordinance shall go into effect and be in full force and operation from and after thirty (30) days after its final passage and adoption.
SECTION 5. PUBLICATION.
At least two (2) days prior to its final adoption, copies of this ordinance shall be posted in at least three (3) prominent and distinct locations in the City; and a notice shall be published once in The Modesto Bee, the official newspaper of the City of Modesto, setting forth the title of this ordinance, the date of its introduction and the places where this ordinance is posted. #32..
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7 The foregoing ordinance was introduced at a regular meeting of the Council of the City of Modesto held on the 24th day of June, 2025, by Councilmember , who moved its introduction and passage to print, which motion being duly seconded by Councilmember , was upon roll call carried and ordered printed and published by the following vote:
AYES: Councilmembers:
NOES: Councilmembers:
ABSENT: Councilmembers:
APPROVED:
Sue Zwahlen, Mayor
ATTEST:
By:
Diane Nayares-Perez, City Clerk
(SEAL)
APPROVED AS TO FORM:
By:
JOSE M. SANCHEZ, City Attorney
APPROVED AS TO DESCRIPTION:
By:
Community & Economic Development
Department, Planning Division
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8 FINAL ADOPTION CLAUSE
The foregoing ordinance, having been published as required by the Charter of the City of Modesto, and coming on for final consideration at the regular meeting of the Council of the City of Modesto held on the ____________, 2025, Councilmember ______________moved its final adoption, which motion being duly seconded by Councilmember ________________, was upon roll call carried and the ordinance adopted by the following vote:
AYES: Councilmembers:
NOES: Councilmembers:
ABSENT: Councilmembers:
APPROVED:
MAYOR, SUE ZWAHLEN
ATTEST: ____________________________
DIANE NAYARES-PEREZ, City Clerk
Effective Date: _________________, 2025
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The California Environmental Quality Act
(CEQA) Section 15162 Findings:
Application: FDP-24-003 Amendment to Final Development Plan and Precise Plan Amendment for Precise Plan No. 35 South of the Village One Specific Plan for the Crossings at 1740 Claus Road Environmental Review EA/C&ED 2024-018
Assessor Parcel Number or Location: 1740 Claus Road, APNs 014-026-017 and 014-026-034 PreviousInitial Study/EIR Reference: EnvironmentalAssessmentNo. EA/C&ED 2023-26 Original Project Date: The Environmental Assessment referenced above was adopted on January 23, 2024.
The Village One Specific Plan and the Certified Program EIR for the Village One Specific Plan (SCH #90020181) were adopted on October 16, 1990, by the City of Modesto. On January 23, 2024, the City adopted Environmental Assessment No. EA/C&ED 2023-26 for a project amending the Village One Specific Plan. The current application is for approval of an Amendment to the Final Development Plan and an Amendment to Precise Plan No. 35 South for the Specific Plan. The amendments do not change any of the allowed uses or densities of uses contemplated in the Specific Plan.
Section A - Previous Studies
1. Substantial changes are proposed in the project that will require major revisions of the previous project EIR or Negative Declaration due to the involvement of new significant environmental effects or a substantial increase in the severity of previously identified significant effects?
Comment/Finding: The proposed amendment to the Final Development Plan (FDP) and Precise Plan Amendment (PPA) implement a residential component of the Village One Specific Plan. No substantial changes are proposed in the project that will require revisions of the previous Negative Declaration due to the involvement of new significant environmental effects or a substantial increase in the severity of previously identified significant effects. The FDP amendment is to allowable architectural styles, and the PPA is to update the circulation plan, neither or which require major revisions to previous documents.
2. Substantial changes have occurred with respect to the circumstances under which the project is undertaken that will require major revisions of the previous EIR or Negative Declaration due to the involvement of new significant environmental effects or a substantial increase in the severity of previously identified significant effects?
Comment/Finding: There have been no changes in the circumstances under which the project is undertaken that would require major revisions in the previous Negative Declaration. There are no new significant environmental effects or substantial increases in the severity of previously identified environmental effects involved.
3. New information of substantial importance that was not known and could not have been known with the exercise of reasonable diligence at the time the previous EIR was certified as complete orthe Negative Declaration was adopted, has been revealed? (If "Yes" is checked, go to Section "B" below) Yes No
X
Yes No
X
Yes No
X
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Comment/Finding: There is no new information ofsubstantial importance that was not known and could not have been known with the exercise of reasonable diligence at the time the previous Negative Declaration was adopted.
Section B - New Information
A) The project will have one or more significant effects not discussed in the previous EIR or negative declaration.
B) Significant effects previously examined will be substantially more severe than shown in the previous EIR.
C) Mitigation measures or alternatives previously found not to be feasible would in fact be feasible, and would substantially reduce one or more significant effects of the project, but the project proponents decline to adopt the mitigation measure or alternative.
D) Mitigation measures or alternatives which are considerably different from those analyzed in the previous EIR would substantially reduce one or more significant effects on the environment, but the project proponents decline to adopt the mitigation measure or alternative.
Comment/Finding: The proposed amendment to the Final Development Plan and amendment to the Precise Plan are implementations of the stated plan as studied by the previous Negative Declaration, and no new information is present because of this application.
On the basis of this evaluation, in accordance with the requirements of Section 15162 of the CEQA Guidelines:
I. It is found that subsequent negative declaration will need to be prepared.
2. It is found that an addendum Negative Declaration will need to be prepared.
3. That a subsequent EIR will need to be prepared.
4. No further documentation is required.
Date:
March 25, 2025
Prepared By:
Michael Hren, AICP
Principal Planner
City of Modesto
Yes No
X
Yes No
X
Yes No
X
Yes No
X
X
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Updated: 06/25/20
FINANCIAL INTEREST DISCLOSURE FORM GUIDELINES
City ordinance requires that all individuals with a material interest in a decision of the City Council must be disclosed. The following is for your assistance in completing the attached disclosure form:
1. For all of the below
in and of themselves, all individuals with an interest of $2000 or more must be disclosed in these cases.
2. Individuals with a material interest include all property owners.
3. Individuals with a material interest include any developer.
4. Individuals with a material interest include any architect, engineer, or other design professional.
5. Individuals
representative.
6. Individuals with a material interest include any real estate agent who is party to the transaction.
7. Individuals with a material interest include any contractor constructing the project for which the contract has been arranged by the time of the hearing.
The above is for guidance only and not an inclusive list of all individuals at interest. You have a responsibility to determine and list all individuals in accordance with the Tests of Materiality as set forth on the attached.
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Updated: 06/25/20
FINANCIAL INTEREST DISCLOSURE FORM
All persons included within the meaning of either of the following tests have a material financial interest in an agreement, or application for development rights, submitted for approval or disapproval by the City Council, and shall be identified by the applicant, by name.
Tests of Materiality:
1. Whether it is foreseeable to a reasonable person that the value of their interest in property available for use by an applicant, or their interest in the applicant itself, may increase or decrease by an amount greater than $2,000.00 as a direct or indirect result of Council action on the applicant s agreement or application for development rights.
2. Whether it is foreseeable to a reasonable person that the person s gross income from the applicant may increase or decrease by a sum greater than $2,000.00 as a direct or indirect result of Council action on the agreement or application for development rights.
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 agreement or application or development rights is true, correct and complete. 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.
PROJECT: ____________________________________
APPLICANT SIGNATURE __________________________________ APPLICANT NAME (type or print) Code section
Modesto website: https://www.modestogov.com/865/Americans-with-Disabilities-Act-ADA The Crossings
Adam Lind
Christian P Zaballos Digitally signed by Christian P Zaballos Date: 2022.07.12 14:21:56 -07'00' #32..
- 1458 -
Updated: 06/25/20
NAMES
Property Owner(s) (Please list name of company and names of individual names of said company) Developer(s) (Please list name of company and names of individual owner(s) of company) Architect(s), Engineer(s) or Other Design Professional(s) (Please list name of company and names of individual owner(s) of company)
Attorney(s) or Representative(s) (Please list name of company and names of individual owner(s) of company)
Real Estate Agent(s) (Please list name of company and names of individual owner(s) of company) Contractor(s)
Other (Investors, Trustees, etc.)
DR Horton Bay Inc a Delaware limited liability company, which is a wholly owned subsidiary of D.R Horton Inc, which is a publicly traded company. Annual 10-k reports are filed with the SEC and available Online.
DR Horton Bay Inc a Delaware limited liability company, which is a wholly owned subsidiary of D.R Horton Inc, which is a publicly traded company. Annual 10-k reports are filed with the SEC and available Online.
Siegfried Engineering, Inc. Owners: Paul Schneider, Adam Merrill, Jim Willis, Kevin Genasci
DR Horton Bay Inc, a Delaware limited liability company, which is a wholly owned subsidiary of D.R Horton Inc, which is a publicly traded company. Annual 10-k reports are filed with the SEC and available Online.
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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
CITY OF
MODESTO
CALIFORNIA
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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
4/2/25 Adam Lind DR Horton Bay Inc
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CITY OF MODESTO
COUNCIL AGENDA REPORT
DATE OF MEETING:
June 24, 2025
Date: June 3, 2025
TO: Mayor and City Council
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 approving 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 approving 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 approving a First Amendment to the Agreement with Callander Associates Landscape Architecture, Inc. of Gold River, CA, increasing the Agreement amount by $20,000. (Funding Source: Various Funds) STRATEGIC PLAN ELEMENT:
This item is consistent with the City’s 2025-2026 Strategic Plan Goal D: Provide safe, efficient, and reliable infrastructure through proactive community investment, maintenance, and sustainability efforts.
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 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. #33..
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City Council, June 24, 2025
Award of Construction for Dr. Martin Luther King, Jr. Park Renovation Project
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: gymnasium addition with an indoor basketball court, outdoor fitness stations, splash pad, game board tables, ping pong table, outdoor stage with an 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 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. #33..
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City Council, June 24, 2025
Award of Construction for Dr. Martin Luther King, Jr. Park Renovation Project
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, 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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City Council, June 24, 2025
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.
COMMITTEE RECOMMENDATION:
This item was reviewed by the Safety and Communities Committee on June 9, 2025, and was recommended to forward to Council for approval.
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 COUNCIL ACTION:
Staff Recommendations:
Resolution approving 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 authorizing the City Manager, or his designee, to execute the Agreement.
Resolution approving the 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 authorizing the City Manager, or his designee, to execute the Agreement.
Resolution approving 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 authorizing the City Manager, or his designee, to execute the Amendment.
Approved by:
Toby Wells, Director of Engineering Services/City
Engineer
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City Council, June 24, 2025
Award of Construction for Dr. Martin Luther King, Jr. Park Renovation Project
Joseph P. Lopez, City Manager
Attachments:
1. Resolutions
2. Construction Contract – Harris Builders, Inc.
3. Financial Interest Disclosure Form – Harris Builders, Inc.
4. Construction Bid Results
5. Construction Management & Inspection Services Agreement – TRC Engineering, Inc.
6. Financial Interest Disclosure Form – TRC Engineering, Inc.
7. Levine Act Form - TRC Engineering
8. First Amendment to Agreement with Callander
9. Original Agreement with Callander
10. Levine Act Form – Callander
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06/24/2025/ENG/NHoux/Item XX 1 2025-XX
MODESTO CITY COUNCIL
RESOLUTION NO. 2025-
RESOLUTION APPROVING 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 AUTHORIZING THE CITY MANAGER, OR HIS
DESIGNEE, TO EXECUTE THE AGREEMENT
WHEREAS, 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; and
WHEREAS, existing recreation amenities at the park include a school age playground, tot lot playground, basketball courts, barbeque pavilion, horseshoe pit and baseball fields; and
WHEREAS, 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; and
WHEREAS, on December 9, 2021, the 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; and WHEREAS, 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 #33..
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06/24/2025/ENG/NHoux/Item XX 2 2025-XX
exceed $753,419; and
WHEREAS, 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; and
WHEREAS, the project was advertised for bids on February 26, 2025; and WHEREAS, bids were publicly opened on April 15, 2025, pursuant to City Charter Section 1307, and three bids were received; and WHEREAS, Harris Builders, Inc., of Hilmar, CA, was determined to be the responsible bidder with the lowest responsive bid; and
WHEREAS, Modesto Municipal Code Section 8-3.203 generally requires all purchases, which meet or exceed $100,000 for material, equipment, or contractual services to be formally bid; and
WHEREAS, 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 Modesto Municipal Code, 8-3.203 as the formal bid procedures were followed and Harris Builders, Inc. was the lowest responsive and responsible bidder; and WHEREAS, staff recommends awarding a construction contract to Harris Builders, Inc., of Hilmar, CA.
#33..
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06/24/2025/ENG/NHoux/Item XX 3 2025-XX
NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Modesto that it hereby approves the plans and specifications for the Dr. Martin Luther King, Jr.
Park Renovation Project, accepts the Bid and awards a construction contract to Harris Builders, Inc., of Hilmar, CA, in the amount of $10,996,103, plus $879,689 in contingency (if needed), for a total amount not to exceed $11,875,792.
BE IT FURTHER RESOLVED that the City Manager, or his designee, is hereby authorized to execute the contract, in a form approved by the City Attorney. #33..
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06/24/2025/ENG/NHoux/Item XX 4 2025-XX
The foregoing resolution was introduced at a regular meeting of the Council of the City of Modesto held on the 24th day of June 2025, by Councilmember , who moved its adoption, which motion being duly seconded by Councilmember , was upon roll call carried and the resolution adopted by the following votes:
AYES: Councilmembers:
NOES: Councilmembers:
ABSENT: Councilmembers:
ATTEST: ________________________________
DIANE NAYARES-PEREZ, CMC,
City Clerk
(SEAL)
APPROVED AS TO FORM:
BY: _____________________________________
JOSE M. SANCHEZ, City Attorney
#33..
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06/24/2025/ENG/NHoux/Item XX 1 2025-XXX
MODESTO CITY COUNCIL
RESOLUTION NO. 2025-
RESOLUTION APPROVING THE 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 AUTHORIZING THE CITY MANAGER, OR HIS
DESIGNEE, TO EXECUTE THE AGREEMENT
WHEREAS, due to the size and complexity of the Dr. Martin Luther King, Jr.
Park Renovation Project, staff recommends utilizing a consultant to provide Construction Management and Inspection Services; and
WHEREAS, on March 10, 2025, a Request for Proposals (RFP) was issued for the Dr. Martin Luther King, Jr. Park Renovation Project; and WHEREAS, staff received proposals from two firms; and
WHEREAS, in accordance with City’s Administrative Directive 3.1 “Selection Procedures for Professional Consultants Who Provide Architectural and Engineering Services for Capital Projects”, TRC Engineers, Inc. was selected as the most qualified firm for the Dr. Martin Luther King, Jr. Park Renovation Project.
NOW, THEREFORE BE IT RESOLVED, by the Council of the City of Modesto that it hereby approves an Agreement with TRC Engineers, Inc., in the amount of $947,563, plus $94,756 in additional services (if needed), for a total amount not to exceed $1,042,319 for Construction Management and Inspection Services for the Dr. Martin Luther King, Jr. Park Renovation Project.
BE IT FURTHER RESOLVED, that the City Manager, or his designee, is hereby authorized to execute the agreement in a form approved by the City Attorney. #33..
- 1471 -
06/24/2025/ENG/NHoux/Item XX 2 2025-XXX
The foregoing resolution was introduced at a regular meeting of the Council of the City of Modesto held on the 24th day of June 2025, by Councilmember , who moved its adoption, which motion being duly seconded by Councilmember , was upon roll call carried and the resolution adopted by the following votes:
AYES: Councilmembers:
NOES: Councilmembers:
ABSENT: Councilmembers:
ATTEST: ________________________________
DIANE NAYARES-PEREZ, CMC,
City Clerk
(SEAL)
APPROVED AS TO FORM:
BY: _____________________________________
JOSE M. SANCHEZ, City Attorney
#33..
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06/24/2025/ENG/NHoux/Item XX 1 2025-XX
MODESTO CITY COUNCIL
RESOLUTION NO. 2025-
RESOLUTION APPROVING 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 AUTHORIZING THE CITY
MANAGER, OR HIS DESIGNEE, TO EXECUTE THE AMENDMENT
WHEREAS, 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 the Dr. Martin Luther King, Jr. Park Renovation Project, for an amount not to exceed $753,419; and WHEREAS, 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; and WHEREAS, 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; and WHEREAS, Modesto Municipal Code Section 8-3.203 generally requires all purchases, which meet or exceed $100,000 for material, equipment, or contractual services to be formally bid; however, exceptions to the formal bidding process are granted in MMC 8-3.204(f), “Where the Purchasing Manager, in his or her discretion, determines that it is appropriate to amend the services or goods provided under an #33..
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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.”
NOW, THEREFORE BE IT RESOLVED, by the Council of the City of Modesto that it hereby approves 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.
BE IT FURTHER RESOLVED that the City Manager, or his designee, is authorized to execute the First Amendment to the Agreement, in a form approved by the City Attorney.
#33..
- 1474 -
06/24/2025/ENG/NHoux/Item XX 3 2025-XX
The foregoing resolution was introduced at a regular meeting of the Council of the City of Modesto held on the 24th day of June 2025, by Councilmember , who moved its adoption, which motion being duly seconded by Councilmember , was upon roll call carried and the resolution adopted by the following votes:
AYES: Councilmembers:
NOES: Councilmembers:
ABSENT: Councilmembers:
ATTEST: ________________________________
DIANE NAYARES-PEREZ, CMC,
City Clerk
(SEAL)
APPROVED AS TO FORM:
BY: _____________________________________
JOSE M. SANCHEZ, City Attorney
#33..
- 1475 -
-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.
#33..
- 1476 -
-2- City of Modesto
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
#33..
- 1477 -
-3- 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)
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
#33..
- 1478 -
-4- 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)
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
#33..
- 1479 -
-5- 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)
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 #33..
- 1480 -
-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
#33..
- 1481 -
-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
#33..
- 1482 -
-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
#33..
- 1483 -
-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 #33..
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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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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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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 #33..
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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 #33..
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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 #33..
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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 #33..
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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 #33..
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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. #33..
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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. #33..
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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. #33..
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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. #33..
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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. #33..
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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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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 #33..
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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
#33..
- 1503 -
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
#33..
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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
#33..
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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
#33..
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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)
#33..
- 1507 -
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) #33..
- 1508 -
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
#33..
- 1509 -
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 #33..
- 1510 -
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
#33..
- 1511 -
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 #33..
- 1512 -
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 #33..
- 1513 -
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
#33..
- 1514 -
Dr. Martin Luther King Jr. Park Renovation
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
#33..
- 1515 -
Dr. Martin Luther King Jr. Park Renovation
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 #33..
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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 #33..
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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 #33..
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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 #33..
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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 #33..
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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 #33..
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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 #33..
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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 #33..
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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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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. #33..
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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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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
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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 #33..
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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 #33..
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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 #33..
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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 #33..
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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. #33..
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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 #33..
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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. #33..
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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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06/24/2025 3:30:00 PM
OFFICE OF THE CITY CLERK
NOTICE OF SPECIAL MEETING
Please take notice that a special Closed Session meeting of the Council of the City of Modesto has been called pursuant to Section 2-1.02 of the Modesto Municipal Code to be convened on
TUESDAY, JUNE 24, 2025 AT 3:30 P.M.
and after the regularly scheduled meeting in the Tenth Street Place, Chambers Conference Room, Basement Level, 1010 Tenth Street, Modesto, California.
Any and all of the following agenda items are subject to action being taken by the Modesto City Council.
The business to be considered at said City Council meeting shall consist of a Closed Session concerning the following:
CLOSED SESSION
CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION
One Case (Pursuant to Section 54956.9(d)(1) of the Government Code) Name of Case: City of Modesto, et al. v. The Dow Chemical Company, et al. (PCE)
Superior Court of the State of California
Case No: CGC-98-999345 and CGC-98-999643
CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION
One Case (Pursuant to Section 54956.9(a) of the Government Code) Name of case(s): Matthew Ponce v. City of Modesto
California Workers Compensation Appeals Board
Nos. ADJ16177617
CONFERENCE WITH REAL PROPERTY NEGOTIATORS:
(Pursuant to Section 54956.8 of the Government Code)
Property: 601 Neece Dr., Modesto, CA 95351; APN: 102-012-001 and 102-012-004 Property Owners: City of Modesto
Negotiating Parties:
For City: Joseph P. Lopez, City Manager
For Lessee: Michael Shapiro, President – Pioneer Baseball League Under Negotiation: Price and Terms of Lease
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06/24/2025 3:30:00 PM
PUBLIC EMPLOYEE PERFORMANCE EVALUATION
(Pursuant to Section 54957 of the Government Code)
Title: City Manager
CONFERENCE WITH LABOR NEGOTIATOR:
(Pursuant to Section 54957.6 of the Government Code) – Unrepresented Employee Negotiator: Mayor Sue Zwahlen
Unrepresented Employee: City Manager
Reports Out of Closed Session - A report out of Closed Session will take place during the Regular Council Meeting immediately following the Closed Session.
BY ORDER OF THE CHAIR
/S
______________________________
Diane Nayares-Perez, City Clerk
Posted pursuant to Government Code Section 54956 on the bulletin board at Tenth Street Place on at by
date time signature
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