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MODESTO CITY COUNCIL
www.modestogov.com
AGENDA
City of Modesto
CITY COUNCIL MEETING
Chambers, Basement Level
Tenth Street Place, 1010 10th Street
Modesto, California
Tuesday, August 26, 2025 at 5:30 PM
Roll Call - Councilmembers Alvarez, Bavaro, Escutia-Braaton, Ricci, Williams, Wright, Mayor Zwahlen
* Public Comment will only be in-person. Members of the public who wish to address the Council, by providing public comment, during the meeting must do so in-person in the Council Chambers.
As an alternative, members of the public may also provide written public comment submitted via email as indicated in the Submitting Comments by Email instructions on this agenda. Zoom will still be available for viewing and Wordly translation.
*Members of the public will be allowed to provide public comment through Zoom if a Councilmember is participating remotely pursuant to the provisions of Assembly Bill 2449. *Effective March 1, 2023, if a technical issue arises with Zoom or the phone dial-in option, the Council meeting will continue unless the meeting is being held pursuant to the provisions of Assembly Bill 2449. Alternative viewing options are listed below, and the meeting is physically open to the public.
“Wordly” can translate into 25+ different languages! To access written translation during the meeting, please scan the QR Code or click this link https://attend.wordly.ai/join/RJDY-6364.
"Wordly" puede traducir a más de 25 idiomas diferentes! Para acceder a la traducción durante la reunión, por favor escanee el código QR o haga clic en el enlace https://attend.wordly.ai/join/RJDY-6364.
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You may observe a livestream of the meeting at http://media.modestogov.com. You may also view or listen to the meeting as indicated below.
THE MEETING CAN BE VIEWED BY ZOOM VIDEO
CONFERENCING OR TELEPHONE
Joining the City Council meeting via Zoom
The City of Modesto is now offering the ability to view Council meetings via telephonic conferencing via “Zoom” video conferencing computer technology. The meeting may be accessed through the use of Zoom using the following options:
Enter the following link into an Internet Browser
https://us02web.zoom.us/j/95895497651,
Enter the following link into an Internet Browser https://zoom.us/ and using the Webinar ID: 958 9549 7651
Passcode: 84326
To use Zoom, please visit: https://zoom.us/ and either sign-up for a free Zoom account or continue as a guest. Once you have downloaded the app onto your mobile device, joined from your web browser, or downloaded the Zoom software on your computer you will be ready for the upcoming Council meeting.
Joining the City Council meeting via Telephone
If you don’t have a smart phone or computer to access the meeting via Zoom, you can listen by phone, by calling 1-877-853-5257 (Toll Free) or 1-888-475-4499 (Toll Free) and enter the Webinar ID: 958 9549 7651 Passcode: 84326
SUBMITTING COMMENTS BY E-MAIL
Written comments may be submitted via email to: [email protected] (include Agenda Item Number in the subject line). All comments will be shared with the Councilmembers and placed in the record but will not be read aloud during the meeting. Written comments must be received two hours before the meeting.
This Agenda is on file in the City Clerk’s Office, Sixth Floor, 10th Street Place, Posting Board at entry of 10th Street Place, and is available on the City’s Web site at www.modestogov.com.
Materials related to an item on this Agenda submitted to the Council after distribution of the agenda packet are available for public inspection in the Clerk’s office during normal business hours. Such documents are also available online, subject to staff’s ability to post the documents before the meeting, at the following website https://www.modestogov.com/council-meetings In accordance with the requirements of Title II of the Americans with Disabilities Act (“ADA”) of 1990, the Fair Employment & Housing Act (“FEHA”), the Rehabilitation Act of 1973 (as amended), Government Code section 11135 and other applicable codes, the City of Modesto (“City”) will not discriminate against individuals on the basis of disability in the City’s services, programs, or activities. For more information, please visit the City of Modesto website at https://www.modestogov.com/865/Americans-with-Disabilities-Act-ADA - 2 -
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In compliance with the Americans with Disabilities Act, if you need special assistance to participate in this meeting, please contact the City Clerk (209) 577-5396. Notification 48 hours prior to the meeting will enable the City to make reasonable arrangements to ensure accessibility to this meeting.
Pledge of Allegiance to the Flag
Invocation: Bill Kenoyer, Redeemer Church
City Clerk’s Announcements
Declaration of Conflicts of Interest
Reports from Closed Session
ACKNOWLEDGEMENTS AND PRESENTATIONS
1. Proclamation declaring September 7th-13th as National Suicide Prevention Week. (Funding Source: Not Applicable)
CITY COUNCIL; Breanna Griffin, 209-577-5421, [email protected]
PUBLIC COMMENT PERIOD
Three-minute time limit per speaker.
Only interested persons in the audience may present these matters. Under State law, Councilmembers may respond to matters being presented under this item only as follows:
a. Briefly respond to statements made or questions raised. b. Ask a question for clarification.
c. Provide a reference to staff or other resources for factual information. d. Request staff to report back at a subsequent meeting. e. Finally, a Councilmember or the Council itself may take action to direct staff to place a matter of business on a future agenda.
CONSENT ITEMS – ROLL CALL VOTE REQUIRED
Information concerning the consent items listed below has been forwarded to each Councilmember prior to this meeting for study. Unless some member of the audience or Councilmember has a question concerning an item and asks that it be withdrawn from the consent list, the Council approves the items at one time. The action taken by the Council in approving consent items is set forth in the explanation of this individual item. - 3 -
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CONSENT
An item may be removed from consent and discussed at the request of an audience member or Council member.
Consent
2. Consider approving the minutes for the August 12, 2025 Council Meeting. (Funding Source: Not Applicable)
Staff Recommendation:
Motion approving the minutes for the August 12, 2025 Council Meeting.
CITY CLERK; Diane Nayares-Perez, 209-577-5396, [email protected] Consent
3. Consider accepting the Landmark Preservation Commission Annual Report for Fiscal Year 2024 - 2025. (Funding Source: Not Applicable)
Staff Recommendation:
Resolution accepting the Landmark Preservation Commission Annual Report for Fiscal Year 2024 - 2025.
CED; Radha Hayagreev, 209-577-5302, [email protected] Consent
4. Consider approving an Agreement for Engineering Design Services for the Tivoli Dual Use Basin and Park with Westwood Professional Services, Inc., Plano, TX, for a total amount not to exceed $446,674. (Funding Source: Water Fund Loan and Community Facilities District Bonds)
Staff Recommendation:
Resolution approving the Award of Proposal and Agreement for Engineering Design Services for the Tivoli Dual Use Basin and Park to Westwood Professional Services, Inc., Plano, TX, for a total amount not to exceed $446,674 and authorizing the City Manager or his designee to execute the Agreement.
Resolution approving the issuance of an interfund loan in an amount not to exceed $446,674 from the Water Fund 4100 to the Tivoli CFD Fund 3255 for the purchase of Engineering Design Services for the Tivoli Dual Use Basin to include an interest rate on the loan equal to the actual rate of return earned by the City’s investment portfolio during the 12-month period immediately preceding the payment date and authorizing the City Manager or his designee to carry out the necessary budget adjustments to implement the interfund loan.
CED; Edgar Garcia, 209-577-5211, [email protected] Consent
5. Consider approving the First Amendment for the Engineering Design Agreement with Westwood Professional Services, Inc. for the design of the Downtown Revitalization Project increasing the Agreement amount by $191,017 to a new total amount not to exceed $385,332. (Funding Source: California Department of Transportation Clean California Grant)
Staff Recommendation:
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Resolution approving the First Amendment with Westwood Professional Services Inc., Plano, TX, for the design of the Downtown Revitalization Project increasing the Agreement amount by $191,017, to a new total amount not to exceed $385,332 and authorizing the City Manager or his designee to execute the Amendment.
CED; Eric Bonander, 209-577-5255, [email protected] Consent
6. Consider approving an Amended and Restated Memorandum of Agreement for the Preliminary Engineering including Final Design Phase of the 7th Street Bridge Project with Stanislaus County. (Funding Source: Streets Capital Facility Fees and Water Fund)
Staff Recommendation:
Resolution approving an Amended and Restated Memorandum of Agreement for the Preliminary Engineering including Final Design Phase of the 7th Street Bridge Project with Stanislaus County and authorizing the City Manager, or his designee to execute the Amended and Restated Memorandum of Agreement.
ENGINEERING SERVICES; Toby Wells, 209-571-5542, [email protected] Consent
7. Consider accepting the 2023 Playground Replacement Phase 1 Project as complete, releasing securities, releasing payments totaling $698,525 to Sierra Play Partners, of Ripon, CA, and authorizing the City Clerk to file a Notice of Completion. (Funding Source: Measure H)
Staff Recommendation:
Resolution accepting 2023 Playground Replacement Phase 1 Project, releasing securities, releasing payments totaling $698,525 to Sierra Play Partners, of Ripon, CA, and authorizing the City Clerk to file a Notice of Completion.
ENGINEERING SERVICES; Pete Kambel, 209-577-5444, [email protected] Consent
8. Consider approving the 2025 Guidance Manual for Development Stormwater Quality Control Measures. (Funding Source: Stormwater Fund)
Staff Recommendation:
Resolution approving the 2025 Guidance Manual for Development Stormwater Quality Control Measures.
ENGINEERING SERVICES; Jaspreet Mangat, 209-577-5253,
[email protected]
Consent
9. Consider accepting the PPA 17 East Unit Subdivision Public Improvements located at the northeast corner of Floyd Ave and Oakdale Rd and authorizing the City Clerk to file a Notice of Completion with the Stanislaus County Recorder’s office and releasing securities upon expiration of statutory periods. (Funding Source: Developer Funded) Staff Recommendation:
Resolution accepting the Public Improvements of the PPA-17 East Unit - 5 -
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Subdivision located at the northeast corner of Floyd Ave and Oakdale Rd, authorizing the City Clerk to file a Notice of Completion with the Stanislaus County Recorder’s office, and releasing securities.
ENGINEERING SERVICES; Jaspreet Mangat, 209-571-5253,
[email protected]
Consent
10. Consider accepting an Informational Report for the June 2025 Accounts Payable Payment Register and Void Report. (Funding Source: Not Applicable) Staff Recommendation:
Motion accepting an Informational Report for the June 2025 Accounts Payable Payment Register and Void Report.
FINANCE DEPARTMENT; Maria Garnica, 209-577-5249,
[email protected]
Consent
11. Consider approving an Agreement with Telemedicine Group, DE LLC, Sacramento, California, for Comprehensive Heart Health Assessments for First Responders for a total not to exceed $112,820. (Funding Source: Byrne Justice Assistant Grant Funds) Staff Recommendation:
Resolution approving an Agreement with Telemedicine Group, DE LLC, Sacramento, California, for Comprehensive Heart Health Assessments for First Responders for a total amount not to exceed $112,820; and authorizing the City Manager, or his designee, to execute the Agreement.
POLICE DEPARTMENT; Chris Adams, 209-572-9500, [email protected] Consent
12. Consider approving the Agreement for Tire Technician Services for Fleet Services to McCoy Truck Tire Service Center, Modesto, CA for a total amount not to exceed $614,361 over five years. (Funding Source: Fleet Management Fund) Staff Recommendation:
Resolution approving the Award of Bid and Agreement for Tire Technician Services for Public Works Fleet Services to McCoy Truck Tire Service Center, Modesto, CA for a two-year Agreement with three one-year extension options, for annual estimated annual cost of $123,000 and a total amount not to exceed $614,361 over five years and authorizing the City Manager, or his designee, to execute the Agreement.
PUBLIC WORKS; Patrick Crowley, 209-342-2274, [email protected] Consent
13. Consider approving Agreements for the purchase of Equipment and Vehicle Parts and Repair Services with Altec Industries, Inc., Dixon, CA; Keyes Truck Center, Keyes, CA; and Bonander Truck and Trailer, Turlock, CA for a total combined amount not to exceed $1,010,000 over five years. (Funding Source: Fleet Fund, Outside Service Agreements)
Staff Recommendation:
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Resolution approving Agreements for the purchase of Equipment and Vehicle Parts and Repair Services with Altec Industries, Inc., Dixon, CA; Keyes Truck Center, Keyes, CA; and Bonander Truck and Trailer, Turlock, CA for a twoyear Agreement with three one-year extension options for an annual combined estimated amount of $202,000 and a total combined amount not to exceed $1,010,000 over five years, and authorizing the City Manager, or his designee to execute the Agreements.
PUBLIC WORKS; Patrick Crowley, 209-342-2274, [email protected] Consent
14. Consider approving the Plans and Specifications for the Sisk Road Signal Coordination, CML 5059(264) Project, accepting the Bid and Awarding a Construction Contract to Bear Electrical Solutions, LLC of Alviso, CA in the amount of $731,713, authorizing $73,171 for contingency, for a total payment amount not to exceed $804,884. (Funding Source: Congestion Mitigation and Air Quality and Measure L Funds)
Staff Recommendation:
Resolution approving the Plans and Specifications for the Sisk Road Signal Coordination, CML 5059(264) Project, accepting the Bid and Awarding a Construction Contract to Bear Electrical Solutions, LLC of Alviso, CA in the amount of $731,713, and a ten percent contingency amount of $73,171, for a total amount not to exceed $804,884, and authorizing the City Manager, or his designee, to execute the Agreement.
PUBLIC WORKS; Max Navarro, 209-571-5116, [email protected]
COUNCIL COMMENTS & REPORTS
CITY MANAGER COMMENTS & REPORTS
MATTERS TOO LATE FOR THE AGENDA
These may be presented by members of the City Council and staff upon determination by a majority vote that an emergency exists, as defined by State law, or by a 2/3 vote that (1) there is a need to take immediate action, and (2) that the need for action came to the City’s attention after the agenda was posted.
ADJOURNMENT
Posted pursuant to Government Code Section 54954.2 on the bulletin board at Tenth Street Place on
at by
date time signature
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MODESTO CITY COUNCIL
www.modestogov.com
MINUTES
City of Modesto
CITY COUNCIL MEETING
Chambers, Basement Level
Tenth Street Place, 1010 10th Street
Modesto, California
Tuesday, August 12, 2025 at 5:30 PM
Special City Council – Closed Session Meeting 4:15 p.m.
Roll Call - Present: Councilmembers Alvarez, Bavaro, Escutia-Braaton, Ricci, Mayor Zwahlen
Absent: Wright
Regular City Council Meeting 5:30 p.m.
Roll Call - Present: Councilmembers Alvarez, Bavaro, Escutia-Braaton, Ricci, Mayor Zwahlen
Absent: Wright
Pledge of Allegiance to the Flag
Invocation: John Torres, City Ministry Network
City Clerk’s Announcements: None
Declaration of Conflicts of Interest: None
Reports from Closed Session: No reportable action.
ACKNOWLEDGEMENTS AND PRESENTATIONS
1. Proclamation declaring August 12, 2025 as International Youth Day. (Funding Source:
Not Applicable)
CITY COUNCIL; Breanna Griffin, 209-577-5421, [email protected] #2..
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ACTION: Mayor Zwahlen presented proclamation declaring August 12, 2025 as International Youth Day.
2. Youth Commission Presentation (Funding Source: Not Applicable) PRN; Valerie Garcia, 209-571-5576, [email protected] ACTION: Youth Commission presented update on activities to Council.
MISCELLANEOUS
3. Consider approving the appointments of Lupe Hodges, Abigail Powers, and Jennifer Aoyama to the Modesto Culture Commission for four-year terms with a term expiration of December 31, 2028. (Funding Source: Not Applicable) Staff Recommendation:
Resolution approving the appointments of Lupe Hodges, Abigail Powers, and Jennifer Aoyama to the Modesto Culture Commission for four-year terms with a term expiration of December 31, 2028.
PRN; Diane Sheatsley, 209-577-5418, [email protected] ACTION: (Williams/Alvarez; 6/0) Resolution 2025-290 approving the appointments of Lupe Hodges, Abigail Powers, and Jennifer Aoyama to the Modesto Culture Commission for four-year terms with a term expiration of December 31, 2028.
4. Consider approving the appointments of Bob Quintella as a Member-At-Large for a term expiration of December 31, 2028, and Martin Montez as a Youth Member-AtLarge for a term expiration of December 31, 2025, on the City of Modesto Golf Courses Advisory Committee. (Funding Source: Not Applicable) Staff Recommendation:
Resolution approving the appointments of Bob Quintella as a Member-AtLarge for a term expiration of December 31, 2028, and Martin Montez as a Youth Member-At-Large for a term expiration of December 31, 2025, on the City of Modesto Golf Courses Advisory Committee.
PRN; Jessica Franco, 209-577-5278, [email protected] ACTION: (Bavaro/Ricci; 6/0) Resolution 2025-291 approving the appointments of Bob Quintella as a Member-At-Large for a term expiration of December 31, 2028, and Martin Montez as a Youth Member-At-Large for a term expiration of December 31, 2025, on the City of Modesto Golf Courses Advisory Committee.
PUBLIC COMMENT PERIOD
Dakotah Louden urged the City Council to address the sale of Kratom and its concentrated form, citing addiction risks, personal experience with harmful effects, and lack of medical awareness. He called for stricter regulations, higher purchase age limits, location restrictions near schools and parks, and increased public education. #2..
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Derek Castle congratulated the Council on the upcoming opening of 12 bridge housing cabins for single women, funded by Measure H. He highlighted recent progress in Modesto’s bridge housing efforts, including family housing at the Church of the Brethren, Dignity Village’s 42 cabins, and the new Grace Gardens site. While noting successes in moving families into permanent housing, he stressed the high unmet demand, with around 400 people still unsheltered, and urged continued expansion of bridge housing.
Danielle Morgart, a representative from Assemblyman Juan Alanis’s office announced that the Governor signed AB 17, which requires counties to provide public access to precinct boundary information. She noted the legislature is in summer recess and expressed hope that three additional bills will be signed, inviting the Council to reach out with questions.
Lucas raised several neighborhood concerns, including questions about the reduced turf project, support for improved fireworks enforcement using advanced scanning technology, and reconsideration of the residential forestry program due to infrastructure damage. He also urged the City to adopt tighter water restrictions in light of a potential future drought.
Steve criticized past interactions with Council Members and law enforcement leadership, referencing a personal dispute and alleging inaction on misconduct. He objected to a recent Police Chief presentation, describing it as fearmongering and inappropriate, and drew comparisons between Modesto and other cities regarding lawsuits against Police Departments and crime trends. He accused the City of restricting public input after disruptions and urged the Council to meet the demands of the BIPOC coalition, framing them as matters of public safety rather than police power. Julissa urged the Council to repeal the City’s face-covering Ordinance, arguing that charges against protesters were dropped due to community pressure and that the law lacks legal standing. They accused the City of avoiding accountability, targeting youth and people of color, and called for the return of Zoom comments for accessibility. Nora Garcia supported repealing the City’s mask ban at protests and expanding the Community Police Review Board’s authority to independently investigate misconduct.
She criticized the Council for indifference toward public concerns, praised community members for persistent advocacy, and emphasized the importance of public pressure in defending democratic rights.
Emerson Drake criticized the lack of opportunities for Council Members to meet and discuss issues freely, citing Brown Act restrictions and the discontinuation of certain meetings since COVID-19. He described delayed responses to public records requests and alleged that the City Manager and Mayor have prevented Council Members from exercising their right to meet, suggesting this has hindered collaboration and transparency.
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Anthony criticized the City Council for inaction on the mask Ordinance, arguing it continues to restrict First Amendment rights and allows police to target protesters. He cited United Nations guidance supporting mask use in assemblies, called for the Ordinance’s repeal, and urged an independent investigation of police conduct. Nic drew parallels between Modesto’s mask Ordinance and broader governmental restrictions, arguing the law has been used to suppress lawful protest. They warned that keeping the Ordinance could empower local and federal law enforcement to further limit civil liberties and urged the Council to repeal it. Manuel Vasquez cited an ACLU letter warning that the City’s mask Ordinance is unconstitutionally vague and overbroad, criminalizing ordinary items and undermining free speech, privacy, and health rights. He highlighted racially biased enforcement during a recent protest and criticized the Police Chief’s “arrest first, courts later” approach, urging the Council to repeal the Ordinance and uphold constitutional protections.
Linda urged the Council to repeal or amend the mask Ordinance, emphasizing that the Council has the authority to act independently of the Police Review Board. She criticized the Council’s inaction, selective enforcement against marginalized groups, and prioritization of authority figures over community input, warning that continued inaction risks civil rights violations and legal consequences. A speaker spoke about exercising the right to protest for personal and community safety. He criticized the mask Ordinance for forcing individuals to conceal their identities, highlighted the harsh treatment during arrests, and urged the Council to repeal the law, emphasizing that legality does not always align with morality. A speaker urged the Council to place the mask ordinance on the agenda for repeal, arguing it violates free speech and exposes protesters to harassment and excessive force. They warned that keeping the law could lead to costly legal consequences. A speaker expressed concerns about the lack of action on the mask Ordinance, highlighted issues regarding the arrests of peaceful protesters and vague enforcement measures. The commenter criticized what he believes is passivity of a Council Member.
CONSENT ITEMS – ROLL CALL VOTE REQUIRED
ACTION CONSENT ITEMS: 5-6, 8-12, 14 (Williams/Ricci; 6/0)
CONSENT
Consent
5. Consider approving the minutes for the July 22, 2025 Council Meeting. (Funding Source: Not Applicable)
Motion approving the minutes for the July 22, 2025 Council Meeting.
CITY CLERK; Diane Nayares-Perez, 209-577-5396, [email protected] #2..
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ACTION: (Williams/Ricci; 6/0) Motion approving the minutes for the July 22, 2025 Council Meeting.
Consent
6. Consider approving Final Adoption of Ordinance 3800-C.S. authorizing the levy of Special Taxes within the City of Modesto held within City of Modesto Community Facilities District No. 2025-2 (Village One Triangle). (Funding Source: Not Applicable)
Motion approving Final Adoption of Ordinance 3800-C.S. authorizing the levy of Special Taxes within the City of Modesto held within City of Modesto Community Facilities District No. 2025-2 (Village One Triangle).
CITY CLERK; Diane Nayares-Perez, 209-577-5396, [email protected] ACTION: (Williams/Ricci; 6/0) Motion approving Final Adoption of Ordinance 3800-C.S. authorizing the levy of Special Taxes within the City of Modesto held within City of Modesto Community Facilities District No. 2025-2 (Village One Triangle).
Removed from Consent
7. Consider approving Final Adoption of Ordinance 3801-C.S. of the City Council of the City of Modesto amending Title 10 of the Modesto Municipal Code to add Chapter 3, Article 8, “Smoke Shops,” amending Title 4 of the Modesto Municipal Code to add Chapter 24, “Smoke Shops,” establishing Regulations and Requirements for Smoke Shops, Including Permitting and Enforcement, within the City. (Funding Source: Not Applicable)
Motion approving Final Adoption of Ordinance 3801-C.S. of the City Council of the City of Modesto amending Title 10 of the Modesto Municipal Code to add Chapter 3, Article 8, “Smoke Shops,” amending Title 4 of the Modesto Municipal Code to add Chapter 24, “Smoke Shops,” establishing Regulations and Requirements for Smoke Shops, Including Permitting and Enforcement, within the City.
CITY CLERK; Diane Nayares-Perez, 209-577-5396, [email protected] ACTION: (Bavaro/Ricci; 6/0) Motion approving Final Adoption of Ordinance 3801- C.S. of the City Council of the City of Modesto amending Title 10 of the Modesto Municipal Code to add Chapter 3, Article 8, “Smoke Shops,” amending Title 4 of the Modesto Municipal Code to add Chapter 24, “Smoke Shops,” establishing Regulations and Requirements for Smoke Shops, Including Permitting and Enforcement, within the City.
Consent
8. Consider accepting the Monthly Investment Report for May 2025. (Funding Source:
Various Funds)
Motion accepting the Monthly Investment Report for May 2025.
FINANCE DEPARTMENT; Calogero Maniscalco, 209-577-5219,
[email protected]
#2..
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ACTION: (Williams/Ricci; 6/0) Motion accepting the Monthly Investment Report for May 2025.
Consent
9. Consider approving the purchase for two Fleet Replacements for Fleet Vehicles which includes one Rapid View IBAK F550 Truck with Camera and one Vac-Con Xcavator Truck in a total amount not to exceed $1,245,632. (Funding Source: Fleet Replacement Fund)
Resolution approving the Competitive Bidding Process from Sourcewell to Rapid View LLC, Rochester, IN, under the authorized dealer, Municipal Maintenance Equipment, Sacramento, CA for the purchase of one Rapid View IBAK F550 Truck with Camera for an amount not to exceed $367,746; and authorizing the Purchasing Manager, or her designee, to issue the Purchase Order; and authorizing the Purchasing Manager or her designee to execute any Change Orders not to exceed 15% of the total purchase price. Resolution approving the Competitive Bidding Process from Sourcewell to Van-Con, Inc., Green Cove Springs, FL under the authorized dealer, Municipal Maintenance Equipment, Sacramento, CA for the purchase of one Vac-Con Xcavator Truck for an amount not to exceed $715,412; and authorizing the Purchasing Manager, or her designee, to issue the Purchase Order; and authorizing the Purchasing Manager or her designee to execute any Change Orders not to exceed 15% of the total purchase price.
FINANCE DEPARTMENT; Dianne Love, 209-571-5164, [email protected] ACTION: (Williams/Ricci; 6/0) Resolution 2025-292 approving the Competitive Bidding Process from Sourcewell to Rapid View LLC, Rochester, IN, under the authorized dealer, Municipal Maintenance Equipment, Sacramento, CA for the purchase of one Rapid View IBAK F550 Truck with Camera for an amount not to exceed $367,746; and authorizing the Purchasing Manager, or her designee, to issue the Purchase Order; and authorizing the Purchasing Manager or her designee to execute any Change Orders not to exceed 15% of the total purchase price.
ACTION: (Williams/Ricci; 6/0) Resolution 2025-293 approving the Competitive Bidding Process from Sourcewell to Van-Con, Inc., Green Cove Springs, FL under the authorized dealer, Municipal Maintenance Equipment, Sacramento, CA for the purchase of one Vac-Con Xcavator Truck for an amount not to exceed $715,412; and authorizing the Purchasing Manager, or her designee, to issue the Purchase Order; and authorizing the Purchasing Manager or her designee to execute any Change Orders not to exceed 15% of the total purchase price.
Consent
10. Consider approving the First Amendment with SpryPoint Services, Inc., Charlottetown, P.E., for Utility Billing, Receivables and Cashiering Software to include SpryWallet as the payment gateway with an increase in the amount of $1,336,902 over two years and a one-time online Customer Enrollment Incentive Program in the amount of $5. #2..
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(Funding Source: Various Funds)
Resolution approving the First Amendment to the the Agreement with SpryPoint Services, Inc., Charlottetown, P.E., for Utility Billing, Receivables and Cashiering Software, to include SpryWallet as the payment gateway and increasing the amount by $1,336,902, to a new total amount not to exceed $3,728,862 through the next two years; and authorizing the City Manager, or his designee to execute the Amendment.
Resolution approving a one-time online Customer Enrollment Incentive Program in the amount of $5.
FINANCE DEPARTMENT; Jeni Martin, 209-571-5892, [email protected] ACTION: (Williams/Ricci; 6/0) Resolution 2025-294 approving the First Amendment to the the Agreement with SpryPoint Services, Inc., Charlottetown, P.E., for Utility Billing, Receivables and Cashiering Software, to include SpryWallet as the payment gateway and increasing the amount by $1,336,902, to a new total amount not to exceed $3,728,862 through the next two years; and authorizing the City Manager, or his designee to execute the Amendment.
ACTION: (Williams/Ricci; 6/0) Resolution 2025-295 approving a one-time online Customer Enrollment Incentive Program in the amount of $5.
Consent
11. Consider approving Co-Sponsorships for designated City Partners’ Events and Programs with direct contributions of $61,650 and in-kind support with an estimated value of $251,022 for Fiscal Year 2025-2026. (Funding Source: General Fund) Resolution approving Co-Sponsorships for designated City Partners’ Events and Programs with direct contributions of $61,650 and in-kind support with an estimated value of $251,022 for Fiscal Year 2025-2026.
PRN; Jeremy Rogers, 209-577-5347, [email protected] ACTION: (Williams/Ricci; 6/0) Resolution 2025-296 approving Co-Sponsorships for designated City Partners’ Events and Programs with direct contributions of $61,650 and in-kind support with an estimated value of $251,022 for Fiscal Year 2025-2026.
Consent
12. Consider approving Community/Special Event and Program Grants for in-kind support valued at $19,815 and grant funding of $18,157 for events and programs planned in the first half of Fiscal Year 2025-2026. (Funding Source: General Fund) Resolution approving Community/Special Event and Program Grants for inkind support valued at $19,815 and grant funding of $18,157 for events and programs planned in the first half of Fiscal Year 2025-2026.
PRN; Jeremy Rogers, 209-577-5347, [email protected] ACTION: (Williams/Ricci; 6/0) Resolution 2025-297 approving Community/Special Event and Program Grants for in-kind support valued at $19,815 and grant funding of $18,157 for events and programs planned in the first half of Fiscal Year 2025-2026. #2..
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Removed from Consent
13. Consider approving the Agreements for Fire Extinguisher Inspection, Testing and Maintenance Services to Firecode Safety Equipment, Inc., Sacramento, CA and National Fire Systems, Inc. Sacramento, CA for a total combined amount not to exceed $160,269 over five years. (Funding Source: Building Maintenance Fund) Resolution approving the Award of Bid and Agreements for Fire Extinguisher Inspection, Testing and Maintenance Services to Firecode Safety Equipment, Inc. Sacramento, CA and National Fire Systems, Inc. Sacramento, CA for a two-year Agreement with three one-year extension options, with an estimated annual amount of $20,000 for Firecode Safety Equipment Inc, and annual amount for $10,000 for National Fire Systems, Inc for a total estimated annual amount of $30,000, and a combined total amount not to exceed $160,269 over five years between the two agreements, and authorizing the City Manager, or his designee, to execute the Agreements.
PUBLIC WORKS; Gabe DaSilva, 209-342-2281, [email protected] ACTION: (Bavaro/Escutia-Braaton; 6/0) Resolution 2025-298 approving the Award of Bid and Agreements for Fire Extinguisher Inspection, Testing and Maintenance Services to Firecode Safety Equipment, Inc. Sacramento, CA and National Fire Systems, Inc. Sacramento, CA for a two-year Agreement with three oneyear extension options, with an estimated annual amount of $20,000 for Firecode Safety Equipment Inc, and annual amount for $10,000 for National Fire Systems, Inc for a total estimated annual amount of $30,000, and a combined total amount not to exceed $160,269 over five years between the two agreements, and authorizing the City Manager, or his designee, to execute the Agreements.
Consent
14. Consider approving the Amended and Restated Agreement with Gallo Center for the Arts, Modesto, CA for Lot 25 employee discounted parking increasing the Agreement amount by 2.4% per parking permit per month, and extending the term of the Agreement from July 1, 2025, to June 30, 2026, with the option for one additional oneyear term of July 1, 2026, through June 30, 2027. (Funding Source: Parking Services Enterprise Fund)
Resolution approving the Amended and Restated Agreement with Gallo Center for the Arts, Modesto, CA for Lot 25 employee discounted parking, by increasing the Agreement amount by 2.4% per parking permit per month, and extending the term of the Agreement from July 1, 2025, to June 30, 2026, with the option for one additional one-year term of July 1, 2026 through June 30, 2027, and authorizing the City Manager or his designee, to execute the Agreement .
PUBLIC WORKS; Gabe da Silva, 209-342-2281, [email protected] ACTION: (Williams/Ricci; 6/0) Resolution 2025-299 approving the Amended and Restated Agreement with Gallo Center for the Arts, Modesto, CA for Lot 25 employee discounted parking, by increasing the Agreement amount by 2.4% per parking permit #2..
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8/12/2025 5:30:00 PM
per month, and extending the term of the Agreement from July 1, 2025, to June 30, 2026, with the option for one additional one-year term of July 1, 2026 through June 30, 2027, and authorizing the City Manager or his designee, to execute the Agreement .
Recessed at 7:22 p.m.
Resumed at 7:30 p.m.
COUNCIL COMMENTS & REPORTS
Vice-Mayor Bavaro highlighted recent community engagement and City projects, including attending National Night Out events, planning a professional soccer stadium and convention center downtown, traffic improvements on Scenic Drive, and future housing, commercial, and recreational developments. He credited these initiatives to the Council’s leadership and decision-making.
Councilmember Williams shared community updates, beginning with a moment of silence for a long-time local businessman and Kiwanis member who passed away at 101. He highlighted attending 12 National Night Out events in his district, a police graduation, the grand opening of Kaiser Permanente’s new athletic center, and the Madstock music event at Graceada Park, noting strong community engagement and local talent.
Councilmember Ricci highlighted positive community developments, including the upcoming opening of Vallarta Supermarkets at a long-vacant Raley’s site, and emphasized the need for stronger enforcement of the City’s vacant building ordinance to encourage economic growth. He also raised concerns about Stanislaus Animal Services, calling for a daily spay/neuter program, proper vaccination, TNR licensing for feral cats, and more accessible, humane animal intake procedures.
Councilmember Escutia-Braaton shared recent community engagement, attending multiple district events and following up with constituents on neighborhood concerns like trees and traffic. She highlighted participation in selecting a location for a new entertainment district to boost Modesto’s economy, and noted the upcoming opening of Grace Gardens, a bridge housing initiative, expressing excitement to contribute personally to the project.
Councilmember Alvarez recapped attending multiple National Night Out events across District 2, engaging with residents and organizations about local concerns, particularly homelessness among youth on the West Side. They highlighted the upcoming opening of Grace Gardens, a 12-unit bridge housing project at the Modesto Gospel Mission. Alvarez also addressed traffic safety issues on Spencer Avenue and emphasized that, while supportive of the new downtown soccer stadium, their district’s priorities remain healthcare, housing, and dental services, noting that the stadium plan (Option C) includes 940 housing units without displacing current residents.
Mayor Zwahlen highlighted recent community and professional activities, including attending the California Urgent Care grand opening, participating in the Station 17 #2..
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8/12/2025 5:30:00 PM
firefighter training tower ribbon-cutting, and being sworn in to the Stanislaus County Water Advisory Committee. She also engaged with local students through a junior college history class, contributed to the early stages of the Yosemite Community College District Master Plan, and connected with residents at multiple National Night Out events, emphasizing community engagement, public safety, and educational outreach.
CITY MANAGER COMMENTS & REPORTS
None.
HEARINGS
Published in the Modesto Bee on July 25, 2025 and August 1, 2025.
15. Hearing to consider adopting a Resolution authorizing the City Clerk to establish and administer a Passport Service Program and approving related fees. (Funding Source:
General Fund)
Resolution authorizing the City Clerk to establish and administer a Passport Service Program and approving related fees.
CITY CLERK; Diane Nayares-Perez, 209-577-5396, [email protected] ACTION: (Alvarez/Williams; 6/0) Resolution 2025-300 authorizing the City Clerk to establish and administer a Passport Service Program and approving related fees.
Published in the Modesto Bee on August 1, 2025.
16. Hearing to consider approving a Purchasing Agreement with American Traffic Solutions, dba Verra Mobility, Mesa, Arizona, for Automated Red Light Photo Enforcement Technology for a total amount not to exceed $3,691,891 over five years. (Funding Source: Traffic Safety Fund/Citation Revenue)
Resolution approving a Purchasing Agreement with American Traffic Solutions, dba Verra Mobility, Mesa, Arizona, by utilizing the Competitive Bid Process with Houston-Galveston Area Council of Governments (H-GAC), for Automated Red Light Photo Enforcement Technology, for a five-year Agreement for an annual estimated amount of $703,218 and a contingency of $175,804, if needed, for an Agreement total amount not to exceed $3,691,891 over five years; and authorizing the City Manager, or his designee, to execute the Agreement.
POLICE DEPARTMENT; T.J. Moffett, 209-572-9886, [email protected] ACTION: (Williams/Bavaro; 6/0) Resolution 2025-301 approving a Purchasing Agreement with American Traffic Solutions, dba Verra Mobility, Mesa, Arizona, by utilizing the Competitive Bid Process with Houston-Galveston Area Council of Governments (H-GAC), for Automated Red Light Photo Enforcement Technology, for a five-year Agreement for an annual estimated amount of $703,218 and a contingency of $175,804, if needed, for an Agreement total amount not to exceed $3,691,891 over five years; and authorizing the City Manager, or his designee, to execute the Agreement.
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8/12/2025 5:30:00 PM
MATTERS TOO LATE FOR THE AGENDA
None.
ADJOURNMENT
This meeting adjourned at 8:44 p.m.
Attest:____________________________
Diane Nayares-Perez, City Clerk
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CITY OF MODESTO
COUNCIL AGENDA REPORT
DATE OF MEETING:
August 26, 2025
Date: June 20, 2025
TO: Mayor and City Council
THROUGH: Joseph P. Lopez, City Manager
FROM: Jessica Hill, Director of Community and Economic Development SUBJECT: Landmark Preservation Commission Annual Report for Fiscal Year 2024-2025 CONTACT: Radha Hayagreev, Principal Planner
[email protected], 209- 577-5302
DESCRIPTION:
Consider accepting the Landmark Preservation Commission Annual Report for Fiscal Year 2024 - 2025. (Funding Source: Not Applicable)
STRATEGIC PLAN ELEMENT:
This item relates to Strategic Plan 2025-2026 Goal I: Promote trust and engagement between the community and the City by enhancing responsiveness, communicating broadly about City opportunities and challenges, and increasing public participation in municipal affairs.
BACKGROUND:
The Annual Reports are prepared in compliance with Article XI, Section 1104 of the City Charter, and with Modesto Municipal Code Section 9-10.03(d)1 which require a report of the Commission’s activities be prepared and submitted to the City Council annually. Reporting shall be made on a fiscal year basis and shall be submitted to the Council on or before September
1. The City of Modesto Landmark Preservation Commission was formed by the City Council to promote public recognition and appreciation for Landmark Preserved Sites and the City’s history. The Commission’s duties include identifying and classifying properties with historic, architectural, archaeological, or cultural significance, and recommending such properties that meet the criteria for designation. The Commission also safeguards these properties through public review of proposed alterations, demolitions, or new construction. Furthermore, the Commission advises property owners and educates the public in appropriate maintenance, 1 https://library.municode.com/ca/modesto/codes/code_of_ordinances?nodeId=TIT9BURE_CH10MOLAPR_9-
10.03MOLAPRCOES
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City Council, August 26, 2025
Landmark Preservation Commission Annual Report for Fiscal Year 2024-2025
rehabilitation, or restoration methods. The report reflects the efforts and progress of the Commission in the last fiscal year.
DISCUSSION:
During fiscal year 2024-2025 the Landmark Preservation Commission remained engaged through inspecting nine (9) of the twelve (12) Mills Act Contracts throughout the City of Modesto.
The Commission is anticipating results of a more recent survey by Environmental Science Associates (ESA). Tasked with preparing to update the historic resources survey, updated historic brochures, and reevaluate current fees associated with designation, ESA will bring the results of the survey back to the Commission in Fall 2025 for review.
On June 16, 2025, the Landmark Preservation Commission accepted the 2024-2025 Annual Report and directed staff to forward it to Council for approval.
FISCAL IMPACT:
There is no fiscal impact for this item. Funding for staff time comes from the General Fund and is part of the Planning Division’s existing budget.
COMMITTEE RECOMMENDATION:
The Landmark Preservation Commission considered these items at its regularly scheduled meeting of June 16, 2025. The Commission voted to approve the Annual Report and directed staff forward it to Council for approval.
RECOMMENDED COUNCIL ACTION:
Staff Recommendations:
Resolution accepting the Landmark Preservation Commission Annual Report for Fiscal Year 2024 - 2025.
Approved by:
Jessica Hill,
Director of Community and Economic
Development
Joseph P. Lopez, City Manager
Attachments:
1. CC Resolution for LPC Annual Report 24-25
2. 2024-2025 LPC Annual Report
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8/26/25/CED/JHill/Item X 1 2025-XX
MODESTO CITY COUNCIL
RESOLUTION NO. 2025-XX
RESOLUTION ACCEPTING THE LANDMARK PRESERVATION
COMMISSION ANNUAL REPORT FOR FISCAL YEAR 2024 - 2025
WHEREAS, Section 1104 of the City Charter specifies that appointed commissions shall report on their fiscal year activities to City Council on or before September 1 of each year, and Section 9-10.03(d) of the Modesto Municipal Code specifies that the Landmark Preservation Commission shall report its activities to City Council each year, and WHEREAS, at its regular meeting of June 16, 2025, at 1010 10th Street, Modesto, California, the Landmark Preservation Commission accepted the Annual Report for Fiscal Year 2024-2025, and
WHEREAS, said matter was scheduled for the regular City Council meeting of August 26, 2025, in the 10th Street Place Chambers located at 1010 10th Street, Modesto, California.
NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Modesto that it hereby accepts the Landmark Preservation Commission Annual Report for Fiscal Year 2024-2025, as described in Exhibit “A”, attached hereto and incorporated herein by reference.
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8/26/25/CED/JHill/Item X 2 2025-XX
The foregoing resolution were introduced at a regular meeting of the Council of the City of Modesto held on the 26th day of August 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 vote:
AYES: Councilmembers:
NOES: Councilmembers:
ABSENT: Councilmembers:
ATTEST: ____________________________
DIANE NAYARES-PEREZ, CMC,
City Clerk
(SEAL)
APPROVED AS TO FORM:
By: __________________________________________
JOSE M. SANCHEZ, City Attorney
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8/26/25/CED/JHill/Item X 3 2025-XX
EXHIBIT “A”
Landmark Preservation Commission Annual Report for FY 2024-2025 #3..
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Landmark Preservation Commission Annual Report – Fiscal Year 2024-2025 Page 1
LANDMARK PRESERVATION COMMISSION ANNUAL REPORT
FOR FISCAL YEAR 2024-2025
The City of Modesto Landmark Preservation Commission was formed by the City Council to promote public recognition and appreciation for Landmark Preservation Sites and the City’s history. Its duties include conducting ongoing surveys and research to identify and classify as to their relative importance, properties with historic, architectural, archaeological, engineering, or cultural significance to the community.
Additionally, the Commission recommends properties which meet the criteria of significance for designation as Landmark Preservation Sites. It also safeguards these sites through public review of proposed alterations, relocations, demolitions, or new construction affecting those properties.
Furthermore, the Commission advises property owners and educates the public in appropriate maintenance, rehabilitation, or restoration methods, encouraging the continued use of such properties.
The Commission is also responsible for requesting from the Board of Zoning Adjustment, the Planning Commission, various City departments, or the City Council adoption of measures required or appropriate for the preservation, protection, or maintenance of Landmark Preservation Sites.
The Commission promotes public recognition and appreciation for Landmark Preservation Sites and solicits gifts and contributions to support the activities and purposes of the Commission.
The Commission meets on the third Monday of the month at 1:00 p.m. The 2024-25 Annual Report highlights several projects the Commission has undertaken during this period.
I. MEMBERSHIP
The Landmark Preservation Commission is currently comprised of a total of six (6) registered voters residing in Modesto, and one (1) representative from the Culture Commission.
Current Commissioners:
Harrison Power (Chair)
Dewey Bedford (Vice Chair & Culture Commission Representative) Joan Clendenin
Cheryl Lopina
Naramsen Goriel
Mark Farrish
Brinder Singh
II. BYLAWS
No bylaws amendments were proposed or adopted during the fiscal year. #3..
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Landmark Preservation Commission Annual Report – Fiscal Year 2024-2025 Page 2 III. PROJECTS
Web Pages Update
None
Mills Act Contract Monitoring
In accordance with the existing Mills Act contracts on the twelve landmark properties, staff has requested property owners update the list of improvements that is attached to each contract. Mills Act contracts require the list be updated to ensure the properties are being maintained as required by the agreements. Ten of the twelve property owners have responded by providing an updated list of improvements. In addition, city staff in coordination with Commissioners inspected nine of the ten responding properties.
Update Ordinance
None
Applications and Permits Reviewed
Landmark #22 The Commission reviewed and approved the Mills Act Contract for the Modesto State Theatre.
Future Projects
In addition to evaluating resources nominated for landmark status, The Commission is responsible for reviewing proposed alterations to historic resources and proposed demolitions. Applications are processed on a case-by-case basis and reviewed by The Commission as necessary.
Other projects that may be undertaken by the Commission include:
Update the historic resources survey;
More than 30 years have passed since Modesto hired Carey & Co. to prepare a survey of some of Modesto’s historic resources that were 50 years old or older at the time of the survey. A plan to hire a new company ESA to prepare a current survey of some of Modesto’s historic resources that are 50 years old or older.
Develop a list of high-priority resources and pursue landmark status; Modesto’s historic resources survey, prepared in the 1990s by Carey & Co., had been used as a starting point for preservation efforts. The survey was performed in-depth on a few properties known to have significance in addition to architectural qualities. In the past, a historic resources survey served to promote landmark status for a historic resource by the Commission. We hope to continue this effort by The Commission. This is a multi-year project. #3..
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Landmark Preservation Commission Annual Report – Fiscal Year 2024-2025 Page 3 Update the historic brochures.
Cities often highlight their historic resources by preparing walking tours or brochures, often themed. Brochures promote the city’s unique history, civic involvement, and pride, and offer added appeal for visitors. Three brochures have been produced to date highlighting Modesto’s landmarks, those brochures included the Establishment Period, and Mid-Century Modern buildings. These brochures will need updated photographs and descriptions, reprinting and distribution, and updated on the website.
Reevaluate the current Fees associated with designation.
This current Commission has asked to have the fees associated with the designation of a property to landmark status be reviewed. In hopes that adjustments to the fees associated with designation will encourage and inspire more property owners to apply.
IV. PURPOSE OF THE ANNUAL REPORT
This annual report is prepared in compliance with Article XI, Section 1104, of the City Charter, and with Modesto Municipal Code Section 9-10-03(d) which requires a report of the Commission’s activities be prepared and submitted to the City Council annually. #3..
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CITY OF MODESTO
COUNCIL AGENDA REPORT
DATE OF MEETING:
August 26, 2025
Date: August 5, 2025
TO: Mayor and City Council
THROUGH: Joseph P. Lopez, City Manager
FROM: Jessica Hill, Director of Community and Economic Development SUBJECT: Tivoli Catch Basin Engineering Design Agreement CONTACT: Edgar Garcia, Community Development Manager
[email protected], 209-577-5211
DESCRIPTION:
Consider approving an Agreement for Engineering Design Services for the Tivoli Dual Use Basin and Park with Westwood Professional Services, Inc., Plano, TX, for a total amount not to exceed $446,674. (Funding Source: Water Fund Loan and Community Facilities District Bonds) STRATEGIC PLAN ELEMENT:
The recommended action supports the City Council’s 2025-2026 Strategic Plan, Goal D:
Provide Safe, Efficient, and Reliable Infrastructure through proactive community investment, maintenance, and sustainability efforts.
BACKGROUND:
The Tivoli Specific Plan (TSP) approved by City Council in 2008 by Ordinance No. 3479-C.S. is a 454-acre area bounded by the planned Claratina Avenue on the north, Oakdale Road on the west, Sylvan Avenue on the south, and Roselle Avenue on the east.
On August 13, 2024, by Resolution No. 2024-279, the Council approved the Resolution of Intention to form City of Modesto Community Facilities District (CFD) No. 2024-1 (Tivoli) to establish improvement area No. 1, designate a future annexation area and authorize the levy of special tax within said Community Facilities District. The City Council also approved a Resolution to Incur Debt by Resolution No. 2024-280. It is the sole discretion of CFD No. 2024-1 as to if and when Bonds will be issued. During the formation of the CFD, it may be determined that there is a need for the issuance of bonds to pay for the facilities required for the CFD. If bonds are required, documents relating to the issuance and sale of the bonds will be brought to the Council for approval. The proposed maximum CFD bond authorization is $120 million, and this serves as a “not to exceed” bond amount for the CFD and is based on the cost of financing the associated facilities. The maximum Annual Facilities Special Tax includes a buffer to prevent the possible authorization of bonds from limiting the capacity of the CFD to pay for #4..
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City Council, August 26, 2025
Tivoli Catch Basin Engineering Design Agreement
ongoing services. The CFD is a separate legal entity and the land within the CFD secures the bonds, and any sale of CFD bonds will not impact the City’s bonding capacity.
On September 24, 2024, by Resolution No. 2024-354, the Council approved the formation of City of Modesto Community Facilities District No. 2024-1 (Tivoli) (“CFD No. 2024-1”) pursuant to the Mello-Roos Community Facilities Act of 1982 and conditionally authorized staff to levy special taxes therein and conditionally establishing annual appropriations limits.
DISCUSSION:
The TSP and Facilities Master Plan proposes an approximately 19 acre dual-use basin and neighborhood park that will serve as a recreational open space for future residents. South of the park is an area designated for an elementary school site. The TSP may include small neighborhood common open space in some residential districts. The paseos located along primary collector streets will offer appealing pedestrian links to the centrally located basin and park. The City of Modesto has begun to receive several developer inquires and planning projects for the Tivoli area including tentative subdivision map applications. On July 22, 2025, Council approved the first set of final subdivision maps for the TSP area. These maps call for the construction of 284 single family dwellings. The design and eventual construction of the dual use catch basin will be crucial as new TSP subdivisions continue through the entitlement process. Given that the basin will be constructed by several TSP property owners, the City will work towards creating a single set of designs that are compliant with City standards which will inform the new development in Tivoli.
On March 4, 2025, the City Manager executed an authorization to purchase form to authorize staff to issue a Request for Proposals (RFP) to search for qualified engineering design firms.
The City released the RFP through the OpenGov platform on February 28, 2025. Four (4) firms were notified of the opportunity, Westwood Professional Services, NorthStar Engineering Group, Blackwater Consulting Engineers, and Siegfried Engineering. Following the close of the RFP on March 21, 2025, the City received only one response from Westwood Professional Services Inc. of Plano Texas. Westwood Professional Services, previously known as O’Dell Engineering, as the sole respondent is also qualified to design the Tivoli Catch basin given that O’Dell Engineering assisted the City in the development of the original Tivoli Specific Plan in 2008.
Modesto Municipal Code Section 8-3.203 generally requires all purchases, which meet or exceed $100,000 for material, equipment, or contractual services to follow formal bid procedures. However, exceptions to the formal bidding process are granted in MMC 8-3.204(a) for contracts for professional services as defined in Section 8-3.103, if competitive quotations or proposals have been sought informally from at least three (3) qualified entities. Given that proposals were requested from four (4) qualified engineering design firms, staff recommends the award of this Engineering Services Agreement to Westwood Professional Services Inc. as the sole responsive bidder. On July 22, 2025, City staff contacted the firms that did not respond to the RFP. The Two (2) firms (Northstar and Blackwater) indicated that they decided not to provide a proposal and the other firm (Siegfried) stated that their invitation was filtered by their email system.
FISCAL IMPACT:
As part of this item, an interfund loan from the Water Fund has been included to the Tivoli CFD fund 3255 in an amount of $446,674 to fully fund the anticipated agreement expenditures. As #4..
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City Council, August 26, 2025
Tivoli Catch Basin Engineering Design Agreement
previously mentioned, the Tivoli CFD is authorized to issue bonds to reimburse the costs of eligible activities, including the development of the basin. Following the issuance of CFD bonds, the Water Fund will be reimbursed immediately for this initial loan which is needed to proceed with the basin’s design in a timely manner. As required by the City’s Operating Budget policy, the interfund loans will accrue interest based on the actual rate of return earned by the City’s investment portfolio during the 12-month period immediately preceding a payment date. The cost of the Agreement is allocated to the following tasks:
Project Management $ 23,110
Survey and Topographic Mapping
Design Development
$ 9,570
$ 53,500
Design Services $247,980
Specialized Technical Services $ 77,314
Construction Support $ 35,200
Total cost not to exceed $446,674
COMMITTEE RECOMMENDATION:
The Tivoli Catch Basin Engineering Design Agreement and interfund loan were presented to the Economic Development Committee on August 4, 2025, and were recommended to forward to Council for approval.
RECOMMENDED COUNCIL ACTION:
Staff Recommendations:
Resolution approving the Award of Proposal and Agreement for Engineering Design Services for the Tivoli Dual Use Basin and Park to Westwood Professional Services, Inc., Plano, TX, for a total amount not to exceed $446,674 and authorizing the City Manager or his designee to execute the Agreement.
Resolution approving the issuance of an interfund loan in an amount not to exceed $446,674 from the Water Fund 4100 to the Tivoli CFD Fund 3255 for the purchase of Engineering Design Services for the Tivoli Dual Use Basin to include an interest rate on the loan equal to the actual rate of return earned by the City’s investment portfolio during the 12-month period immediately preceding the payment date and authorizing the City Manager or his designee to carry out the necessary budget adjustments to implement the interfund loan.
Approved by:
Jessica Hill, Director of Community
and Economic Development
Joseph P. Lopez, City Manager
Attachments:
1. Resolution – Award of Proposal and Agreement
2. Resolution – Issuance of Interfund Loan
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City Council, August 26, 2025
Tivoli Catch Basin Engineering Design Agreement
3. Standard Agreement – Tivoli Basin Design Services
4. Scope of Services
5. Tivoli Basin Design RFP
6. Westwood Professional Services Proposal
7. Levine Act Disclosure Form
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8/26/2025/CED/EGarcia/Item XX 1 2025-XX
MODESTO CITY COUNCIL
RESOLUTION NO. 2025-XX
RESOLUTION APPROVING THE AWARD OF PROPOSAL AND
AGREEMENT FOR ENGINEERING DESIGN SERVICES FOR THE TIVOLI
DUAL USE BASIN AND PARK TO WESTWOOD PROFESSIONAL SERVICES, INC., PLANO, TX, FOR A TOTAL AMOUNT NOT TO EXCEED $446,674, AND
AUTHORIZING THE CITY MANAGER, OR HIS DESIGNEE, TO EXECUTE
THE AGREEMENT
WHEREAS, the Tivoli Specific Plan (TSP) approved by City Council in 2008 by Ordinance No. 3479-C.S., is a 454-acre area is bounded by Claratina Avenue on the north, Oakdale Road on the west, Sylvan Avenue on the south, and Roselle Avenue on the east; and
WHEREAS, on August 13, 2024, by Resolution No. 2024-279, the Council approved the Resolution of Intention to form City of Modesto Community Facilities District (CFD) No. 2024-1 (Tivoli) to establish improvement area No. 1, designate a future annexation area and authorize the levy of special tax within the Community Facilities District; and
WHEREAS, the City Council also approved a Resolution to Incur Debt by Resolution No. 2024-280. It is the sole discretion of CFD No. 2024-1 as to if, and when, Bonds will be issued; and
WHEREAS, the proposed maximum CFD bond authorization is $120 million which serves as a “not to exceed” amount for the CFD and is based on the cost of financing the required facilities; and
WHEREAS, the maximum Annual Facilities Special Tax includes a buffer to prevent the possible authorization of bonds from limiting the capacity of the CFD to pay for ongoing services. The CFD is a separate legal entity and the land within the CFD secures the bonds, and any sale of CFD bonds will not impact the City’s bonding #4..
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8/26/2025/CED/EGarcia/Item XX 2 2025-XX
capacity; and
WHEREAS, on September 24, 2024, by Resolution No. 2024-354, the Council approved the formation of City of Modesto Community Facilities District No. 2024-1 (Tivoli) (“CFD No. 2024-1”); and
WHEREAS, the TSP proposes an approximately 19 acre dual-use basin and neighborhood park that will serve as a centralized focal point and recreational open space asset for future residents; and
WHEREAS, the City of Modesto has begun to receive several developer inquires and planning projects for the Tivoli area including tentative subdivision map applications; and
WHEREAS, on July 22, 2025, by Resolution No. 2025-267 and Resolution No. 2025-268 Council approved the first two final subdivision maps for the TSP. These maps call for the construction of 284 single family dwellings. The design and eventual construction of the dual use catch basin will be crucial as new TSP subdivisions continue through the entitlement process; and
WHEREAS, given that the basin will be constructed by several TSP property owners, the City will work towards creating a single set of designs that are compliant with City standards which will inform the new development in the CFD; and WHEREAS, on March 4, 2025, the City Manager executed an authorization to purchase form to authorize staff to issue a Request for Proposals (RFP) to search for qualified engineering design firms. The City released the RFP through the OpenGov platform on February 28, 2025. Four (4) firms were notified of the opportunity, Westwood Professional Services, NorthStar Engineering Group, Blackwater Consulting #4..
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8/26/2025/CED/EGarcia/Item XX 3 2025-XX
Engineers, and Siegfried Engineering; and
WHEREAS, following the close of the RFP on March 21, 2025, the City received only one response from Westwood Professional Services Inc, formally known as O’Dell Engineering, which assisted the City in the development of the Tivoli Specific Plan in 2008; and
WHEREAS, Modesto Municipal Code Section 8-3.203 generally requires all purchases, which meet or exceed $100,000 for material, equipment, or contractual services to follow formal bid procedures. However, exceptions to the formal bidding process are granted in MMC 8-3.204(a) for contracts for professional services as defined in Section 8-3.103, if competitive quotations or proposals have been sought informally from at least three (3) qualified entities. Given that proposals were requested from four (4) qualified engineering design firms, staff recommends the award of this Engineering Services Agreement to Westwood Professional Services Inc. as the sole responsive bidder.
NOW, THEREFORE, BE IT RESOLVED, by the Council of the City of Modesto that it hereby approves the Award of Proposal and Agreement for Engineering Design Services for the Tivoli Dual Use Basin and Park to Westwood Professional Services, Inc., Plano, TX, for a total amount not to exceed $446,674.
BE IT FURTHER RESOLVED that the City Manager, or his Designee, is authorized to execute the Agreement in a form approved by the City Attorney’s Office. #4..
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8/26/2025/CED/EGarcia/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 26th day of August, 2025, by _____________________, who moved its adoption, which motion being duly seconded by ____________________, was upon roll call carried and the resolution adopted by the following vote:
AYES: Councilmembers:
NOES: Councilmembers:
ABSENT: Councilmembers:
ATTEST: _____________________________
DIANE NAYARES-PEREZ, CMC,
City Clerk
(SEAL)
APPROVED AS TO FORM:
BY: ________________________________
JOSE M. SANCHEZ, City Attorney
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8/26/2025/CED/EGarcia/Item XX 1 2025-XX
MODESTO CITY COUNCIL
RESOLUTION NO. 2025-XX
RESOLUTION APPROVING THE ISSUANCE OF AN INTERFUND LOAN IN AN AMOUNT NOT TO EXCEED $446,674 FROM THE WATER FUND 4100 TO THE TIVOLI CFD FUND 3255 FOR THE PURCHASE OF ENGINEERING
DESIGN SERVICES FOR THE TIVOLI DUAL USE BASIN TO INCLUDE AN
INTEREST RATE ON THE LOAN EQUAL TO THE ACTUAL RATE OF
RETURN EARNED BY THE CITY’S INVESTMENT PORTFOLIO DURING THE 12-MONTH PERIOD IMMEDIATELY PRECEDING THE PAYMENT
DATE AND AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO
CARRY OUT THE NECESSARY BUDGET ADJUSTMENTS TO IMPLEMENT
THE INTERFUND LOAN
WHEREAS, the Tivoli Specific Plan (TSP) approved by City Council in 2008 by Ordinance No. 3479-C.S., is a 454-acre area is bounded by Claratina Avenue on the north, Oakdale Road on the west, Sylvan Avenue on the south, and Roselle Avenue on the east; and
WHEREAS, on August 13, 2024, by Resolution No. 2024-279, the Council approved the Resolution of Intention to form City of Modesto Community Facilities District (CFD) No. 2024-1 (Tivoli) to establish improvement area No. 1, designate a future annexation area and authorize the levy of special tax within the Community Facilities District; and
WHEREAS, the City Council also approved a Resolution to Incur Debt by Resolution No. 2024-280. It is the sole discretion of CFD No. 2024-1 as to if, and when, Bonds will be issued; and
WHEREAS, the proposed maximum CFD bond authorization is $120 million which serves as a “not to exceed” amount for the CFD and is based on the cost of financing the required facilities; and
WHEREAS, the maximum Annual Facilities Special Tax includes a buffer to prevent the possible authorization of bonds from limiting the capacity of the CFD to pay #4..
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8/26/2025/CED/EGarcia/Item XX 2 2025-XX
for ongoing services. The CFD is a separate legal entity and the land within the CFD secures the bonds, and any sale of CFD bonds will not impact the City’s bonding capacity; and
WHEREAS, on September 24, 2024, by Resolution No. 2024-354, the Council approved the formation of City of Modesto Community Facilities District No. 2024-1 (Tivoli) (“CFD No. 2024-1”); and
WHEREAS, the TSP proposes an approximately 19 acre dual-use basin and neighborhood park that will serve as a centralized focal point and recreational open space asset for future residents; and
WHEREAS, the City of Modesto has begun to receive several developer inquires and planning projects for the Tivoli area including tentative subdivision map applications; and
WHEREAS, on July 22, 2025, by Resolution No. 2025-267 and Resolution No. 2025-268 Council approved the first two final subdivision maps for the TSP. These maps call for the construction of 284 single family dwellings. The design and eventual construction of the dual use catch basin will be crucial as new TSP subdivisions continue through the entitlement process; and
WHEREAS, given that the basin will be constructed by several TSP property owners, the City will work towards creating a single set of designs that are compliant with City standards which will inform the new development in the CFD; and WHEREAS, on March 4, 2025, the City Manager executed an authorization to purchase form to authorize staff to issue a Request for Proposals (RFP) to search for qualified engineering design firms. The City released the RFP through the OpenGov #4..
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8/26/2025/CED/EGarcia/Item XX 3 2025-XX
platform on February 28, 2025. Four (4) firms were notified of the opportunity, Westwood Professional Services, NorthStar Engineering Group, Blackwater Consulting Engineers, and Siegfried Engineering; and
WHEREAS, following the close of the RFP on March 21, 2025, the City received only one response from Westwood Professional Services Inc, formally known as O’Dell Engineering, which assisted the City in the development of the Tivoli Specific Plan in 2008; and
WHEREAS, the cost of the Agreement is allocated to project management, survey and topographic mapping, design development, design services, specialized technical services, and construction support with costs not to exceed $446,674; and WHEREAS, an interfund loan from the Water Fund 4100 to the Tivoli CFD fund 3255 is required in an amount of $446,674 to fully fund the anticipated agreement expenditures; and
WHEREAS, the Tivoli CFD is authorized to issue bonds to reimburse the costs of eligible activities, including the design of the basin; and WHEREAS, the loan will be immediately be repaid in full upon receipt of bond proceeds from the CFD and as required by the City’s Operating Budget policy, the interfund loans will accrue interest based on the actual rate of return earned by the City’s investment portfolio during the 12-month period immediately preceding a payment date; and
WHEREAS, the Tivoli Catch Basin Engineering Design Agreement and interfund loan were presented to the Economic Development Committee on August 4, 2025, and were recommended to forward to Council for approval.
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8/26/2025/CED/EGarcia/Item XX 4 2025-XX
NOW, THEREFORE, BE IT RESOLVED, by the Council of the City of Modesto that it hereby approves the issuance of an interfund loan, in an amount not to exceed $446,674 from the Water Fund 4100 to the Tivoli CFD Fund 3255 for the purchase of Engineering Design Services for the Tivoli Dual Use Basin.
BE IT FURTHER RESOLVED, that the interest rate on the loan will be equal to the actual rate of return earned by the City’s investment portfolio during the 12-month period immediately preceding the payment date.
BE IT FURTHER RESOLVED, that the City Manager, or his designee, is hereby authorized to carry out the necessary budget adjustments to implement the interfund loan. #4..
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8/26/2025/CED/EGarcia/Item XX 5 2025-XX
The foregoing resolution was introduced at a regular meeting of the Council of the City of Modesto held on the 26th day of August, 2025, by ________________, who moved its adoption, which motion being duly seconded by ________________, was upon roll call carried and the resolution adopted by the following vote:
AYES: Councilmembers:
NOES: Councilmembers:
ABSENT: Councilmembers:
ATTEST: _____________________________
DIANE NAYARES-PEREZ, CMC,
City Clerk
(SEAL)
APPROVED AS TO FORM:
BY: ________________________________
JOSE M. SANCHEZ, City Attorney
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1 STANDARD AGREEMENT
FOR CONSULTANT SERVICES
THIS AGREEMENT made and entered into in the City of Modesto, State of California, this ______ day of __________________, 20___, (“Effective Date”) by and between the CITY OF MODESTO, a municipal corporation of the State of California, hereinafter referred to as "CITY", and WESTWOOD PROFESSIONAL SERVICES, Inc., a Texas corporation, hereinafter referred to as "CONSULTANT".
This AGREEMENT is made with regard to the following recitals:
a. The Tivoli Specific plan area is beginning to have the first initial housing developments nearing the beginning of the construction phase.
b. The CITY has determined that there is a need for engineering design services of a dual use catch basin and park due to the upcoming housing projects nearing completion. c. 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. 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.
Pricing shall remain firm for the first two (2) years of the agreement. #4..
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2 Price increases for subsequent AGREEMENT years shall not exceed the Consumer Price Index (CPI) for West Urban Area in any one AGREEMENT year and shall be negotiated through the Purchasing Division. Requests for price increases shall be submitted by CONSULTANT in writing, ninety (90) days prior to the annual anniversary date of the AGREEMENT to be effective for the subsequent year.
2. 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” with the exception of task 7 which is not required at this time. The CONSULTANT shall perform the services as described in Exhibit (A) in a manner compatible with the standards of its profession and shall produce a fully complete project that is acceptable to the CITY.
3. COMPENSATION.
CONSULTANT agrees to accept a sum not to exceed $446,674 (maximum compensation) as full remuneration for performing all services and furnishing all staffing and materials for CITY in accordance with Exhibit (A).
The Compensation shall be paid pursuant in the manner and at the times set forth below:
CITY shall pay CONSULTANT on a time and materials basis for CONSULTANT’s actual costs for all work called for in Exhibit (A) to this AGREEMENT. All work to be performed under this AGREEMENT shall be billed at the hourly rates set forth in Exhibit (A) attached hereto.
CONSULTANT shall submit monthly invoices to CITY which include detailed tasks, hours worked, and billable rates for all work completed, and detailed receipts for any reimbursable expenses paid by CONSULTANT and identified in Exhibit (A) or approved by the CITY in writing.
CITY shall pay CONSULTANT Net 45 Days via manual check
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3 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 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 best current, generally accepted and professional practices to make findings, render opinions, prepare factual presentations, and provide professional advice and recommendations regarding this project.
5. PERFORMANCE BY KEY EMPLOYEE.
CONSULTANT has represented to CITY that Chad Kennedy will be the person primarily responsible for the performance of the services referred to in this AGREEMENT. The project manager responsible for daily coordination of the project will be Tyler Fay. CITY has entered into this AGREEMENT in reliance on that representation by CONSULTANT. CONSULTANT therefore agrees that twenty-five percent (25%) 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
Upon payment in full for CONSULTANT’s services under this Agreement, all reports, drawings, designs, graphics, working papers and other incidental work or materials furnished hereunder shall become and remain the property of the CITY, and may be used by CITY as it may require without any additional cost to CITY. No reports shall be used by the CONSULTANT for purposes other than this AGREEMENT without the express prior written consent of CITY.
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4 Title to Data
If, as a part of the AGREEMENT, CONSULTANT is required to produce data such as, but not limited to, drawings, plans, specifications, calculations, models, flow diagrams, visual aids and other related materials, the originals of all such data generated under this AGREEMENT will be delivered to CITY upon the completion or termination of services under the AGREEMENT. It is understood and agreed that the documents and other materials, including but not limited to those described above, prepared pursuant to this AGREEMENT are prepared specifically for the CITY and are not necessarily suitable for any future or other use by CITY.
All materials, documents, data or information obtained from the CITY data files or any CITY medium furnished to CONSULTANT in the performance of this AGREEMENT will at all times remain the property of the CITY. Such data or information may not be used or copied for direct or indirect use by CONSULTANT after termination of this AGREEMENT without written consent of the CITY.
7. NEWS AND INFORMATION RELEASE.
CONSULTANT agrees that it will not issue any news releases in connection with either the award of this AGREEMENT, or any subsequent amendment of or efforts under this AGREEMENT, without first obtaining review and approval of said news releases from CITY through the CITY Manager.
8. CONFLICT OF INTEREST.
CONSULTANT warrants that it presently has no interest and shall not acquire any interest, direct or indirect, which would create a “conflict of interest”, as that term is defined in the Political Reform Act (Gov. Code § 81000 et seq), for the CONSULTANT in the performance of this AGREEMENT.
CONSULTANT warrants that, in performance of this AGREEMENT, CONSULTANT shall not employ any person having any such interest. CONSULTANT understands that, if this AGREEMENT is made in violation of Government Code § 1090 et seq., the entire AGREEMENT is void and CONSULTANT will #4..
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5 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.
This AGREEMENT, including the Exhibits attached hereto, may be amended only by a writing signed by both Parties. CITY will not be responsible to pay any charges CONSULTANT may incur in performing services not identified in Exhibit (A) unless first authorized by the CITY in writing.
10. INDEPENDENT CONTRACTOR.
All acts of CONSULTANT, its agents, officers, and employees and all others acting on behalf of CONSULTANT relating to the performance of this AGREEMENT, shall be performed as independent contractors and not as agents, officers, or employees of CITY. Except as CITY may specify in writing, CONSULTANT has no authority to bind or incur any obligation on behalf of CITY. CONSULTANT has no authority or responsibility to exercise any rights or power vested in the CITY. It is understood by both CONSULTANT and CITY that this AGREEMENT shall not under any circumstances be construed or considered to create an employer-employee relationship or a joint venture. CONSULTANT, its agents, officers and employees are and, at all times during the terms of this AGREEMENT, shall represent and conduct themselves as independent contractors and not as employees of CITY.
CONSULTANT shall determine and control the method, details and means of performing the work and services to be provided by CONSULTANT under this AGREEMENT. CONSULTANT shall be responsible to CITY only for the requirements and results specified in this AGREEMENT, and, except as expressly provided in this AGREEMENT, shall not be subjected to CITY's control with respect to the physical action or activities of the CONSULTANT in fulfillment of this AGREEMENT. CONSULTANT is permitted to provide services to others during the same period service is provided to CITY under this #4..
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6 AGREEMENT. If necessary, CONSULTANT has the responsibility for employing other persons or firms to assist CONSULTANT in fulfilling the terms and obligations under this AGREEMENT.
If in the performance of this AGREEMENT any third persons are employed by CONSULTANT, such persons shall be entirely and exclusively under the direction, supervision, and control of CONSULTANT. All terms of employment including hours, wages, working conditions, discipline, hiring, and discharging or any other term of employment or requirement of law shall be determined by the CONSULTANT.
It is understood and agreed that as an independent contractor and not an employee of CITY neither the CONSULTANT or CONSULTANT's assigned personnel shall have any entitlement as a CITY employee, right to act on behalf of the CITY in any capacity whatsoever as an agent, or to bind the CITY to any obligation whatsoever. It is further understood and agreed that CONSULTANT must issue W-2 forms or other forms as required by law for income and employment tax purposes for all of CONSULTANT's personnel. As an independent CONSULTANT, CONSULTANT hereby indemnifies and holds CITY harmless from any and all claims that may be made against CITY based upon any contention by any third party that an employer-employee relationship exists by reason of this AGREEMENT.
11. ASSIGNMENT.
Neither this AGREEMENT nor any portion thereof shall be subcontracted or assigned, without the express prior written consent of the CITY in each and every instance.
12. PATENT/COPYRIGHT MATERIALS.
Unless otherwise expressly provided in the AGREEMENT, CONSULTANT shall be solely responsible for obtaining the right to use any patented or copyrighted materials in the performance of this #4..
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7 AGREEMENT. CONSULTANT shall furnish a warranty of such right to use to CITY at the request of CITY.
13. NOTICES.
Notice required by this AGREEMENT shall be given in writing and shall be deemed given and effective upon delivery provided that such are delivered in accordance with the provisions of this Section. Notices shall be delivered either by: (a) personal delivery; (b) overnight courier service which obtains confirmation of delivery; or (c) certified mail, return receipt requested, if delivery is confirmed by a return receipt; or (d) by electronic transmission subject to reasonable proof that the notice was both transmitted and received. Each such notice shall be sent to the parties at the address respectively set forth below or to such other address as a party may designate by written notice given in accordance with the provisions of this Section:
FOR CONSULTANT: Name: Westwood Professional Services, Inc.
Address: 1165 Scenic Drive, Suite A
Modesto, CA 95350
Attention: Chad Kennedy
Email: [email protected]
WITH A COPY TO Name: Westwood Professional Services, Inc.
Address: 2805 Dallas Parkway Suite 150
Plano, TX 75093
Attention: Legal
email: [email protected]
FOR CITY: Name: City of Modesto
Address: P.O. Box 642
Modesto, CA 95353
Attention: Jessica Hill
Phone: (209) 577-5321
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8 14. INSURANCE REQUIREMENTS.
The Consultant shall provide at its own expense and maintain at all times the following insurance with insurance companies authorized to do business in the State of California and shall provide evidence of such insurance to the City as may be required by the Risk Manager of the City. The policies or certificates thereof shall provide that, thirty (30) days prior to cancellation or material change in the policy and ten (10) days prior if cancellation due to nonpayment of premium, notices of same shall be given to the Risk Manager of the City via PINS Advantage Insurance Program, for all of the following stated insurance policies.
In the event the certificates of insurance required hereunder do not provide for notice of cancellation to the certificate holder and/or additional insureds, the Consultant shall provide, and shall require its subcontractors to provide, as an express condition precedent to payment hereunder, an endorsement from their insurers providing that the additional insureds identified herein shall be provided 30 days’ notice of the cancellation on the policies of insurance required hereunder (10 days’ notice if the policies are cancelled for non-payment of premium). In addition, the named insured on all such policies shall provide to the additional insureds identified herein any notices of cancellation of said insurance policies within 5 business days of receipt of such notice. The Consultant shall, as a further express condition precedent to payment for work performed, affirm under penalty of perjury that the required insurance on the project remains in place and said insurance has not been cancelled. (a) General Liability insurance with a limit of liability per occurrence of $1,000,000 for bodily injury and property damage. If Commercial General Liability Insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit. This insurance shall indicate on the certificate of insurance the following coverages and indicate the policy #4..
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9 aggregate limit applying to: premises and operations; broad form contractual; vicarious liability for independent consultants and subcontractors; products and completed operations as applicable. (b) Automobile Liability insurance with limit of liability per occurrence of $1,000,000 for bodily injury and property damage. This insurance shall cover any automobile for bodily injury and property damage.
(c) Worker's Compensation - in compliance with the statutes of the State of California, plus employer's liability with a limit of liability of $1,000,000. (d) Professional Liability insurance with a limit of $1,000,000 per claim and policy aggregate. If coverage is on a claim made basis it shall be maintained for at least three (3) years following completion of the work.
If at any time any of said policies shall be unsatisfactory to the City, as to form or substance, or if a company issuing such policy shall be unsatisfactory to the City, the Consultant shall promptly obtain a new policy, submit the same to the Risk Manager for approval and submit a certificate thereof as hereinabove provided. Upon failure of the Consultant to furnish, deliver or maintain such insurance and certificates as above provided, this Agreement, at the election of the City, may be forthwith declared suspended or terminated. Failure of the Consultant to obtain and/or maintain any required insurance shall not relieve the Consultant from any liability under this Agreement, nor shall the insurance requirements be construed to conflict with or otherwise limit the obligations of the Consultant concerning indemnification. The City, its agents, officers, employees, and volunteers shall be named as an additional insured on all insurance policies required herein, except Workers' Compensation and Professional Liability. The Workers' Compensation insurer shall agree to waive all rights of subrogation against the City, its agents, officers, employees, and volunteers for losses arising from work performed by Consultant for the City. The Consultant's insurance policy(ies) shall include a provision that the #4..
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10 coverage is primary as respects the City; shall include no special limitations to coverage provided to additional insured; and, shall be placed with insurer(s) with acceptable Best's rating of A: VII or with approval of the Risk Manager. The Consultant must deliver certificates evidencing existence of the insurance listed above to the City prior to the time the contract is signed.
CONSULTANT shall provide CITY with separate endorsements evidencing proof of the CITY’s additional insured status as to both the general liability and automobile liability insurance policies. In addition, CONSULTANT shall provide CITY with a Workers Compensation subrogation waiver by way of a separate endorsement. All endorsements referenced above must include the applicable policy number.
For any claims related to this project, the CONSULTANT’S insurance coverage shall be primary insurance as respects the Entity, its officers, officials, employees, and volunteers except for worker’s compensation and professional liability coverages. Any insurance or self-insurance maintained by the Entity, its officers, officials, employees, or volunteers shall be excess of the CONSULTANT’S insurance and shall not contribute with it.
15. TERMINATION OF AGREEMENT.
Termination by CITY for Default of CONSULTANT
Should the CONSULTANT default in the performance of this AGREEMENT or materially breach any of its provisions, at its option, CITY may terminate this AGREEMENT by giving written notification to CONSULTANT. The termination date shall be the effective on the date it is mailed by CITY or sent via electronic mail, as described in Section 13.. For the purposes of this section, material breach of this AGREEMENT shall include, but not limited to, any of the following: failure to perform required services or duties, willful destruction of City's property by CONSULTANT, dishonesty or theft. #4..
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11 Termination by CITY for Convenience
The City may also terminate the CONSULTANT's performance under the AGREEMENT, either in whole or in part, at its own discretion, or when conditions encountered during the services make it impossible or impracticable to proceed, or when the City is prevented from proceeding with the AGREEMENT by act of God, by law, or by official action of a public authority, or upon a determination by the City that such termination is in the best interest and convenience of the City, or whenever the City is prohibited from completing the services for any reason. The City shall provide no less that ten (10) calendar days written notice of its intent to terminate the AGREEMENT for convenience and shall endeavor to provide the CONSULTANT with consultation with the City prior to termination.
Post-Termination Procedure
Upon receipt of a written notice of termination pursuant to either of the foregoing paragraphs, the CONSULTANT shall:
A. Cease its work as directed in the notice of termination as of the termination date and see to it that its employees, subconsultants and agents are notified of such termination and act as specified in the notice of termination;
B. Terminate all orders and subconsultants except as necessary to complete any portion of the work that is not terminated;
C. If directed in writing by the CITY to do so, assign all right, title and interest in subcontracts and materials in progress to CITY, in which case the CITY will have the right at its discretion to settle, or pay any or all claims arising out of the termination of such subconsultants, but in no event shall recovery by any CONSULTANT or subconsultant include lost profits for portions of the work not completed or undertaken, including materials not delivered; #4..
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12 D. Upon final payment to CONSULTANT, make available to the CITY all data, drawings, specifications, reports, estimates, summaries and such other information and material as may have been accumulated by the CONSULTANT in performing the work whether completed or in process;
E. Settle outstanding liabilities and claims, subject to the approval of CITY; F. Complete performance of such part of the work as has not been terminated; G. Take such other actions as may be necessary, or as may be directed by the CITY for the protection and preservation of the work and/or property related to the work; H. If CITY so requests, and at CITY's cost, CONSULTANT shall provide sufficient oral or written status reports to make CITY reasonably aware of the status of CONSULTANT's work on the project.
I. The CONSULTANT understands and agrees that CITY may, in CITY's sole discretion, refuse to pay CONSULTANT for that portion of CONSULTANT's services which were performed by CONSULTANT on the project prior to the termination date and which remain unacceptable and/or not useful to CITY as of the termination date.
CITY will pay CONSULTANT an amount based on the percentage of satisfactory work completed in accordance with the notice or termination. The final payment to the CONSULTANT after termination for convenience shall be limited to amounts due and owing under the AGREEMENT at time of termination, including the following:
J. The cost of settling and paying valid claims arising out of the termination of the work such as subconsultant AGREEMENTs or contracts for materials;
K. The AGREEMENT price allocable to the portion of the work properly performed, or goods supplied to the work site by the CONSULTANT as of the date of termination, as determined in #4..
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13 accordance with the notice of termination, reduced by any sums previously paid to the CONSULTANT.
Authorization to Terminate Agreement
Termination of the AGREEMENT may be invoked by the City Manager, or his/her designee, subject to the right of the CONSULTANT to appeal the City Manager, or his/her designee's, decision to the City Council. The CONSULTANT shall appeal by notifying the City Clerk in writing within ten (10) calendar days of receipt of written notification from City of termination of the AGREEMENT. In the event that termination of this AGREEMENT is upheld by the City Council, any cessation of payment of delay claims, extended claims, Eichleay claims, or any other claims for delay shall be retroactive to the date of termination selected by the City Manager, or his/her designee.
16. INDEMNITY.
The Consultant shall hold the City, its officers, agents and employees, harmless from and save, defend (except for professional liability claims) and indemnify them against any and all claims, losses, liabilities, judgments or damages arising from third parties, 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 proportional extent caused by any negligent or intentional act or omission of Consultant, or its agents, officers, employees, or volunteers relating to or during the performance of its obligations under this Agreement except for professional liability claims, for which Consultant shall have no reimbursement obligation for defense of professional liability claims. In no event shall the cost to defend charged to the Consultant exceed the design professional’s proportionate percentage of fault. Notwithstanding the previous sentence, in the event one or more defendants is #4..
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14 unable to pay its share of defense costs due to bankruptcy or dissolution of the business, the Consultant shall meet and confer with other parties regarding unpaid defense costs.
Consultant's obligation to defend (except for professional liability claims), 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.
17. DISPUTE RESOLUTION.
Venue for all claims, controversies, or disputes arising out of, or relating to the formation of this AGREEMENT, or the breach, termination execution, enforcement, interpretation, or validity of this AGREEMENT, including the determination of the scope or applicability of this AGREEMENT provision shall be in the Superior Court of Stanislaus County or the United States District Court for the Eastern District of California.
18. ATTORNEY'S FEES.
If a party to this AGREEMENT brings any action, including an action for declaratory relief, to enforce or interpret 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 #4..
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15 court may set such fees in the same action or in a separate action brought for that purpose. A “prevailing party” need not assert affirmative claims to be considered a prevailing party, and a party that successfully defends against a claim in relative terms to the amount of the claim asserted shall be considered a prevailing party for the purposes of this section. In claims for money damages, the total amount of recoverable attorney’s fees, expenses, and costs shall not exceed the net monetary award or judgment of the prevailing party, if the prevailing party was the party seeking a monetary award or judgement.
19. ENTIRE AGREEMENT.
This AGREEMENT and its exhibits contain the entire understanding between CONSULTANT and CITY. All previous proposals, offers and communications related to this AGREEMENT, whether oral or written, are hereby superseded except to the extent that they have been incorporated into this AGREEMENT. No future waiver of or exception to any of the terms, conditions, and provisions of this AGREEMENT shall be considered valid unless specifically agreed to in writing by all the parties.
20. PARTIAL INVALIDITY.
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.
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16 22. AUDIT.
The CITY's duly authorized representative shall have access at all reasonable times to all reports, contract records, contract documents, contract files, and personnel necessary to audit and verify CONSULTANT's charges to CITY under this AGREEMENT.
CONSULTANT agrees to retain reports, records, documents, and files related to charges under this AGREEMENT for a period of four (4) years following the date of final payment for CONSULTANT services. CITY's representative shall have the right to reproduce any of the aforesaid documents.
23. GOVERNING LAW.
This AGREEMENT shall be governed according to the laws of the State of California.
24. HEADINGS NOT CONTROLLING.
Headings used in the AGREEMENT are for reference purposes only and shall not be considered in construing this AGREEMENT.
25. COMPLIANCE WITH LAWS.
CONSULTANT shall insure compliance with all safety and hourly requirements for employees, in accordance with federal, state, and county safety and health regulations and laws. CONSULTANT shall fully comply with all applicable federal, state, and local laws, ordinances, regulations and permits.
26. CITY BUSINESS LICENSE.
CONSULTANT will have a City of Modesto business license.
27. 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 by its City Manager and attestation by its City Clerk under authority of Resolution No. 20___ - ______, adopted by the Council of the City of Modesto on the ______day of ______, ______, #4..
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17 and Westwood Professional Services, Inc has caused this AGREEMENT to be duly executed as of the Effective Date.
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Scope of Services
Included in this section is the technical scope of work to complete the project as we interpret it. It is organized a bit differently than the scope in the RFP document to help streamline the process and include key scope assignments that may have been overlooked.
Task 1: Meetings and Project Management
1.1 Kick-off Organization & Scoping Meeting
A well-run organizational meeting at the beginning of the project will clear up any unexpected issues before they arise. A meeting will be held with staff, during which our proprietary client communication program is started and the following typical items are discussed:
y Introduce staff and project partners to the design consulting team. y Review objectives of the project, scope of services, deliverable expectations, project schedule, and milestones. y Confirm project parameters and limits of work. (Conduct a site review and photo document site conditions.) y Collect available data and published material (GIS data, aerial photography, right-of-way maps, as-built plans, and record maps).
y Establish meeting and presentation schedules and communication channels with all parties involved. y Review and list all applicable design/planning standards, opportunities, and/or challenges anticipated. y Coordinate with agency departments, other agencies, and stakeholders. y Review project budget and billing requirements.
y Complete custom client communications program.
1.2 Progress Meetings
After each submittal and subsequent staff review period, a progress meeting with the design team will be held. An agenda will be prepared prior to, and minutes will be provided after, each meeting. It is anticipated that there will be a progress meeting each month during the design period and ideally held at the following stages:
y Following the Basis of Design Report submittal
y Following the 30%, 60%, 90%, and 100% PS&E submittals
1.3 Management
Management of all project design aspects will be covered by the team. The following will be provided:
y A comprehensive design schedule
y Monthly progress update meetings and minutes
y Correspondence between City, Modesto Irrigation District (MID), and design team y Management of the consultant team quality control measures
1.4 Site Visits
y Perform site reconnaissance visits to evaluate site conditions and identify potential conflicts and design challenges. y Meet with City, MID, and design team on-site to review and discuss potential conflicts and design challenges.
Deliverables
y Meeting agendas and Minutes in PDF format
y Customized Client Communication Program in PDF format y Preliminary project schedule with critical path milestones in Microsoft Project and PDF format y Monthly progress reports and invoices
Task 2: Site Analysis/Data Collection & Review
Research objectives will include a detailed review of project history and existing park site information including topographic surveys and soil studies. A site visit will be conducted and site photographs will be taken.
2.1 Contextual Analysis
Analyze existing elements within the proposed site to guide design. Items including but not limited to prevailing winds, soil type, local demographics, utilities, and so forth will be reviewed.
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2.2 Topographic Survey Base Mapping
Surveying services in support of this project will include topographic surveying of the existing site. The topographic survey data will be collected using the City’s existing horizontal and vertical survey control and benchmarks. All information will be collected with the input and collaboration of both internal and external subconsultant specialty disciplines to guarantee a focused, but well-rounded product that rises to meet the needs of each of the project’s objectives. y Perform cross-section survey of linear corridor at 50-foot intervals. y Perform topographic survey of all hardscape and softscape, including grade breaks, high points, and low points. In flat areas, measure spot elevations in a grid pattern at 50-foot intervals. y Locate surface-visible utility features and improvements, including but not limited to signs, fences, walls, buildings, striping, driveways, walkways, drainages, structures, lights, poles, bollards, general limits of vegetated or landscaped areas, USA markings, vaults, valves, meters, boxes, pedestals, cleanouts, manholes, drain inlets, catch basins, culverts, outfalls, and standpipes.
y All trees 6” in diameter or larger will be located.
y At manholes and accessible structures, measure invert elevation of all gravity storm drains and sewer pipes. Annotate topographic survey drawing with invert elevation, approximate diameter, and orientation of each pipe visible at the time of the survey. Where access is not practical, Westwood shall indicate by notation on the mapping deliverable. y Create existing ground Civil 3D TIN surface model.
y Prepare topographic map at a 1” = 20’ scale.
2.3 Resolved Boundary
Having a resolved boundary will provide definitive information that can be used to make precise determinations about the subject property, including matters including but not limited to gross/net parcel area, setbacks, encroachments, etc.
It is a critical part of the planning and design process because it brings clarity to the often uncertain nature of property boundaries, easements, and road rights-of-way, which rarely lie exactly where they are presumed to. A resolved boundary is also essential if improvements are being built close to property lines or near setback minimums. y Resolve the location of property boundaries, road rights-of-way, and easements as defined by an analysis of available record maps, title report(s), supporting documents, and physical evidence. y Reset missing or damaged property corner monuments as required.
2.4 Utility Investigation & Coordination
A comprehensive utility investigation will be completed to determine what utilities are available, their locations, and utility depth within the project limits of work. Available as-built and original design drawings will be reviewed, utility request letters will be sent to all applicable utility companies, and site investigation will be used to make determinations. We will work with utilities as necessary to prepare the site for construction efforts. Where feasible, utilities infrastructure will be installed and or relocated prior to beginning construction.
Deliverables
y Topographic survey base map drawing in AutoCAD Civil 3D 2023 format y Resolved boundary linework drawing in AutoCAD Civil 3D 2023 format y Site plan of topographic survey in PDF format
Task 3: Design Development
3.1 Preliminary Site Plan Development
Following site analysis efforts, the design team will prepare two concept plans illustrating alternative designs for the park. The preliminary site plan will be developed to reflect the guidelines for the dual-use basin park as outlined in the Tivoli Specific Plan. After the designs have been presented to the City for review and comment, a final rendered master plan will be prepared for inclusion in the Basis of Design Report. In addition, a preliminary layout of new sewer mains and connections will be prepared based on the location of proposed street improvements and other utilities. This is a crucial step to limit revisions later in the process and to avoid inefficient uses of time and resources. This site plan will be drawn with actual topographic data, to scale, and will be a rendered drawing depicting all proposed park features and amenities.
3.2 Basis of Design Report
In conjunction with the preliminary site plan, the primary purpose of the Basis of Design report is to convey the design intent early in the design process. This report will help identify, clarify, and simplify any major design decisions early. It will Project Understanding and Approach
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be developed with a mix of communication styles including visual and written, and will include tables and charts. Typical information in the report might include:
y Contextual information for the project site
y Conceptual plans to illustrate design concepts and alternatives y Enlargements of the special areas within the park
y Discussions of maintenance requirements and potential life cycle costs y Renderings and sections to convey design intent in a three-dimensional manner y Sample imagery of site furnishings and features, plant types, and irrigation methods y Planning level construction cost estimates
3.3 Design Development Drawings (30% PS&E)
The Design Development Drawing package includes drawings to convey general engineering and design concepts. This service will include the following preliminary plan sheets at a minimum:
y Cover sheet and project information
y Site plan
y General and project specific notes
y Existing conditions plan
y Grading, drainage, and utilities plan
y Plan and profile sheets
y Site finishes and furnishings plans
y Irrigation plans
y Planting plan
y Electrical plans
y Major construction details
y Technical specifications table of contents
Deliverables
y Rendered site plan in PDF format
y Basis of Design Report
y 30% drawings in PDF format
y 30% estimates and quantities in PDF format
y Technical specifications TOC in PDF format
y Updated project schedule with critical path milestones in Microsoft Project and PDF format Task 4: Construction Documentation
4.1 Construction Documents (PS&E)
Following the approval of a final site plan, the team will prepare final site improvement plans for permitting.
Improvement plans include routine information normally required by governing agencies. The scope of work will include three packages: 60% construction documents with draft specifications, 90% construction documents with updated specifications, and 100% documents including final specifications. This service will include the following tasks:
y Improvement Plans - Plans may include the following sheets but are subject to change as the parameters, needs, and existing conditions of the project formalize:
y Cover sheet
y General and project specific notes and conditions
y Site plan
y Existing conditions and demolition plan
y Underground utilities plan
y Plan and profile sheets
y Grading and drainage plans
y Erosion control plans
y Horizontal control plan
y Site finishes and furnishings plans
y Enlargement plans (playground, etc.)
y Irrigation plans and water use calculations
y Planting plan
y Electrical plans
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y Construction details
y Shade Structure sections and plans
y As-built drawings as appropriate for reference
y Construction quantities and estimates
y Draft & final technical specifications (City will provide boilerplate and Front-End specifications) y Draft & final stormwater pollution prevention plan (SWPPP & NPDES permit coordination)
4.2 Bid Package
Following the approval of the 100% PS&E drawings, the team will prepare a final bid package. The bid package will include:
y Front end documents (provided by the City)
y Stamped and signed cover sheet
y Bid forms
y Bid item descriptions
y Final stamped and signed PS&E
y Final stamped and signed technical specifications booklet y Final cut sheets for important features and materials y Geotechnical Report
Deliverables
y Final Geotechnical Report in PDF format
y 60%, 90%, & 100% drawings in PDF format
y 60%, 90%, & 100% estimates and quantities in PDF format y Technical specifications TOC in PDF format
y 60% & 90% updated project schedule with critical path milestones in Microsoft Project and PDF format y SWPPP document in PDF format
y Final bid package in PDF and AutoCAD
Task 5: Specialized Technical Services
Westwood will provide specialized technical services to ensure that the basin meets City, State, and Federal requirements. These services include preparing comprehensive basin calculations and geotechnical investigations to evaluate subsurface soil conditions.
5.1 Basin Calculations
The Westwood team will conduct comprehensive basin calculations to evaluate stormwater management requirements for the project area. These calculations will assist with the following:
y Development of a model to estimate stormwater generation based on local rainfall patterns and land use characteristics. y Designing systems for stormwater detention and retention and assessing percolation rates for infiltration systems. y Creating a hydrological model to simulate water flow and evaluate various stormwater management strategies.
5.2 Geotechnical Investigation
The geotechnical investigation will occur early in the design process to ensure that the team has the information needed to make recommendations early and aid in preparing accurate cost estimates throughout the design process. y To characterize the subsurface conditions and obtain soil samples for laboratory testing, six (6) soil borings throughout the proposed park of varying depths will be drilled.
y An Engineer/Geologist will direct the sampling and log the borings. The samples will be delivered to the laboratory for evaluation and testing. Field penetration tests will be used to evaluate relative density, strength, and compression characteristics of native soils. The borings will be backfilled according to the City/County permit requirements. y Following the completion of subsurface exploration, percolation testing will be conducted in support of the park basin.
Borehole percolation tests will be performed to measure infiltration/percolation rates boring logs. It is anticipated that these tests will occur in five (5) locations.
y Laboratory tests will be performed on representative soil samples obtained from the exploratory borings, which may include unit weight, moisture content, sieve analysis, Atterberg Limits, direct shear, soluble sulfate and soluble chloride contents, pH and minimum resistivity, R-Value, and landscape suitability. y Engineering analysis will be prepared and a Geotechnical Report containing the following (but not limited to):
y Project description
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y Summary of subsurface exploration and subsurface conditions y Infiltration rates
y Laboratory test results
y CBC seismic design parameters for structures (non-site specific) y Summary of groundwater conditions encountered and potential impact on design and construction y Foundation recommendations for structures
y Recommendations for over-excavation of unsuitable soils y Recommendations for grading and construction
y Recommendations to aid in the design of slabs-on-grade and exterior concrete hardscape y Pavement section recommendations
y Site Plan with current boring and infiltration/percolation test locations y Boring logs with laboratory test results
Deliverables
y Basin calculation report summarizing findings and methodologies. y Stormwater generation model with peak flow rates and volume calculations. y Design calculations and specifications for detention and retention systems, including percolation assessment results. y Hydrological model report detailing the simulation results and validation against historical data. y Draft and final geotechnical investigation report.
y Operations and maintenance manual, including guidelines for routine maintenance and emergency procedures.
Task 6: Construction Support Services
6.1 Site Visits & Construction Communications
Westwood will perform construction support services throughout the project’s completion. Services include the following: (We can provide additional support as requested.) y Assist City Staff in bidding process.
y Attend pre-bid meeting.
y Respond to RFIs.
y Prepare Addenda and Transmittals (as needed).
y Attend pre-construction meeting.
y Review and approve Contractor’s schedule, shop drawings, RFIs, and submittals. y Perform site review and prepare reports on construction progress. y Prepare as-built drawings from contractor maintained field drawings. y Construction observation site visits to review site finishes, at irrigation installation phase, for plant review and approval prior to planting, during playground installation, following structural installations but prior to final surface covering, a final punch list walk, etc. Includes the following site visits:
y Site progress visits to review rough grading, site finishes (concrete, surfacing, etc.), irrigation installation, for plant review and approval prior to planting, following playground retrofits, following structural installations but prior to final surface covering
y Final project site review and report
Deliverables
y Meeting agenda and minutes in PDF format
y Bidding RFI and addenda in PDF format
y Construction progress reports in PDF format
y Construction RFI, shop drawing, and submittal responses in PDF format y As-built drawings in PDF format
Task 7: Pump Station Design
7.1 Stormwater Pump Station Design (If Required)
If it is determined during the design phase of the project that a stormwater pump station is required, Westwood can provide this service as an additional scope item. This service includes the following:
y Develop a Preliminary Design Memorandum to outline the design criteria, alternative designs, equipment specifications, operational criteria, and a recommended design approach with preliminary cost estimates. It is anticipated that this Project Understanding and Approach
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memorandum will establish the basis and consensus for the final design with an emphasis on maintenance requirements and life-cycle costs of the pump station.
y Prepare improvement plans for the pump station, force main, and discharge structures at MID Lateral 6. Improvement plans will be prepared for the “inside the fence” pump station facilities.
Deliverables
y Preliminary Design Memorandum in PDF format
y 30%, 60%, 90%, & 100% drawings in PDF format
y 30%, 60%, 90%, & 100% estimates and quantities in PDF format y Technical specifications TOC in PDF format
y Conformed plans and record drawings in PDF Format
Limitations and Understandings:
y All governmental/regulatory fees to be provided by the City. y It is assumed that building permits will be obtained by the contractor. y It is assumed that all structures will be pre-fabricated and considered deferred submittals for building permit purposes. y It is assumed that environmental planning for the project is complete and that there is no coordination needed for such planning efforts.
y Scope does not include any adjustments to City standard details. y Scope does not include any utility work within the roads. y Scope does not include utility relocation.
y Scope does not include right-of-way or easement acquisition services. y Scope does not include QSP services but can be added at client’s request. y Scope does not include construction management or inspection services. y Scope does not include traffic control plans.
y Scope does not include dust control plans.
y Scope does not include joint trench (dry utility) plans. y Scope does not include off-site utility design or coordination. y Survey deliverables will be based on the NAD83 horizontal datum and the NAVD88 vertical datum using Agency benchmarks. A survey control statement will be provided, including the location, elevation, and description of the benchmark utilized, as well as a horizontal survey coordinate table with the point number, northing, easting, and description for at least three (3) points.
y Obstructed or inaccessible areas may not be mapped.
y Scope does not include mapping of small trees, shrubs, or other minor vegetation. Utility locations will be based off of as-built drawings and information from utility departments and companies. y Scope does not include potholing, subsurface utility research, or locating. y Scope does not include boundary surveying as defined in Section 8726(c) of the Professional Land Surveyors’ Act. y Scope does not include preparation of a Record of Survey map or corner record. y Scope does not include monument preservation as defined and required by Section 8771 of the Professional Land Surveyors’ Act.
y Scope does not include public outreach or correspondence with property owners. y Scope does not include soil management report — soil fertility testing and reports (to be performed by landscape contractor after mass grading has been completed).
y Scope does not include structural engineering.
y Scope does not include environmental approvals and permitting as Environmental Impact Report is posted on City’s website for project.
y Scope assumes that plans will be based on City of Modesto Standard Specifications and Drawings and Caltrans Standard Plans and Specifications.
y This scope does not include revisions to the plans due to site plan changes, and/or significant client requested changes at 60% submittal stage or later, including revisions due to bid results or resulting value engineering efforts.
Organization Chart
The organization chart can be found in the Qualifications of Consultant Staff and Subconsultant Staff section.
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Version: 1.0
5/16/2025
Project Fees by Task
PROJECT #: P0061067
PROJECT: Modesto Tivoli Specific Area Storm Basin
CLIENT: City of Modesto
DATE: 3/21/2025
Director
(Kennedy)
Project Manager IV
(Persak)
Graduate Engineer III
(Beyronneau)
Graduate Engineer II
(Hamed)
Engineering Tech IV
(Humphrey)
Surveyor V
(Roberts)
Surveyor IV
(Miller)
Surveyor II
(Munoz)
Survey Tech III
(Bloodgood)
Survey Field III (Crew
Chief) **PREVAILING
WAGE**
(Ahart)
Survey Field II
(Instrument Operator)
**PREVAILING WAGE**
(Pyle)
Landscape Architect V
(Nash)
Landscape Architect III
(Fay, Grafton, Lewis)
Graduate Landscape
Designer III
(Cordova, Honeck,
Samarripa)
Graduate Landscape
Designer II
(Latina, Olea, Wu,
Senior Electrical
Engineer (Engineer V)
(Murtcher)
Project Electrical
Engineer (Engineer II)
(Jeffries)
Staff Electrical
Engineer (Engineer I)
(Pattison)
SWPPP/QSD
(Garcia, Ramirez)
Admin III
(Schmall, Ramos)
Reproduction Costs
Reimbursable costs
Geotechnical Engineer
- Krazan
Pump Station -
Blackwater
Hours
Task Subtotal
Task Total Fee
$315.00 $280.00 $180.00 $170.00 $165.00 $250.00 $235.00 $190.00 $145.00 $240.00 $200.00 $230.00 $190.00 $175.00 $165.00 $275.00 $205.00 $195.00 $325.00 $140.00 108 $23,110 $23,110
1.1 Kick-Off and Scoping Meeting 2 2 2 2 4 12 $2,490 $2,490
1.2 Progress Meetings (4) 4 4 4 12 $2,600 $2,600
1.3 Management 20 48 68 $14,720 $14,720
1.4 Site Visits with City Staff (2 Field Visits) 4 4 4 4 16 $3,300 $3,300 48 $9,570 $9,570
2.1 Topographic Survey 2 2 4 7 9 6 6 2 38 $7,655 $7,655
2.2 Resolved Boundary 1 2 4 3 10 $1,915 $1,915
288 $53,500 $53,500
3.1 Basis of Design Report 2 4 20 4 2 8 36 4 80 $14,870 $14,870
3.2 Basis of Design Estimate 1 2 2 4 12 21 $3,840 $3,840
3.3 30% Improvement Plans 2 4 16 8 32 4 8 48 10 2 2 2 138 $25,110 $25,110
3.4 30% Design Cost Estimate 1 2 2 2 4 1 1 13 $2,460 $2,460
3.5 30% Specifications (TOC Only) 1 2 1 2 1 1 8 $1,580 $1,580
3.6 Value Engineering 4 8 4 4 8 28 $5,640 $5,640
1273 $246,330 $247,980
4.1 60% Improvement Plans 2 4 56 48 88 8 36 88 48 2 8 8 2 500 398 $71,040 $71,090
4.2 60% Design Cost Estimate 1 2 2 2 8 2 2 19 $3,560 $3,560
4.3 60% Specifications 2 32 4 36 2 2 78 $14,180 $14,180
4.4 Constructability Review, Constructability Analysis & Report 4 20 4 8 24 60 $11,360 $11,360
4.5 90% Improvement Plans 2 2 44 24 44 6 24 64 32 2 12 4 2 500 262 $47,440 $47,490
4.6 90% Design Cost Estimate 1 2 2 2 8 2 2 19 $3,560 $3,560
4.7 90% Specifications 1 16 2 24 2 2 47 $8,540 $8,540
4.8 100% Improvement Plans 1 24 24 36 4 20 40 24 2 16 8 32 2 500 233 $46,870 $46,920
4.8 100% Design Cost Estimate 1 4 1 2 8 1 1 18 $3,350 $3,350
4.10 100% Specifications 1 8 2 16 1 1 29 $5,300 $5,300
4.11 Bid Documents 2 12 4 2 4 12 8 2 46 $8,390 $8,390
4.12 Site Visits with City Staff (2 Field Visits) 4 4 4 4 16 $3,300 $3,300
4.13 Building Permit 8 16 8 16 $10,000 48 $19,440 $20,940 100 $69,640 $77,314
5.1 Basin Calculations
a Stormwater Generation 2 12 20 4 38 $6,680 $6,680
b Detention/Retention/Percolation 4 8 12 24 $4,600 $4,600 c Develop Hydrological Modeling 2 20 8 30 $5,520 $5,520
5.2 Geotechnical Investigations 2 2 4 $51,160 8 $52,840 $60,514
5.3 Operations and Maintenance Manual 0 $0 $0
187 $35,175 $35,200
6.1 Assist City Staff in Bidding Process 2 4 2 2 4 14 $2,570 $2,570
6.2 Attend Pre-Bid Meeting 2 2 2 2 2 10 $2,280 $2,280
6.3 Review and Process all RFI's and Bid Addenda 2 12 2 2 12 30 $5,660 $5,660
6.4 Attend Pre-Construction Meeting 2 2 2 2 8 $1,650 $1,650
6.4 Reivew & Process all RFI's, Shop Drawings, and Submittals 4 16 4 2 4 16 1 2 2 51 $9,775 $9,775
6.6 Provide Site Review & Prepare Reports on Construction Progress 8 2 2 4 8 4 28 $4,930 $4,930
6.7 Make Final Review & Report on Completed Project 1 8 4 1 8 22 $3,970 $3,970
6.8 Prepare As-Built Drawings from Contractor's Field Drawings 1 2 8 1 8 4 250 24 $4,340 $4,365 14 100 395 169 214 3 6 11 12 6 6 38 227 520 130 9 52 36 32 24 443 $4,410 $28,000 $71,100 $28,730 $35,310 $750 $1,410 $2,090 $1,740 $1,440 $1,200 $8,740 $43,130 $91,000 $21,450 $2,475 $10,660 $7,020 $10,400 $3,360 $1,750 $10,000 $51,160 $0 $437,325 $446,674 $175 $1,500 $7,674 $0
$4,410 $28,000 $71,100 $28,730 $35,310 $750 $1,410 $2,090 $1,740 $1,440 $1,200 $8,740 $43,130 $91,000 $21,450 $2,475 $10,660 $7,020 $10,400 $3,360 $1,925 $11,500 $58,834 $0 $446,674 Base Scope 3.16% 117.38% 29.35% #DIV/0! #DIV/0! 5.42%
6 $236,380 $271,642
7.1 Pump Station Design 2 2 2 $235,080 6 $236,380 $271,642 0 2 2 0 0 0 0 0 0 0 0 0 2 0 0 0 0 0 0 0 14
$0 $560 $360 $0 $0 $0 $0 $0 $0 $0 $0 $0 $380 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $235,080 $236,380 $271,642 $0 $0 $35,262
$0 $560 $360 $0 $0 $0 $0 $0 $0 $0 $0 $0 $380 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $270,342 $718,316
GRAND TOTAL WITH INCLUDED TASKS
TOTAL COST INCLUDED TASKS
CONSULTANT MARK-UP 10% - 15%
TOTAL HOURS
GRAND TOTAL with PHASE 7
TASK 7 - PUMP STATION DESIGN (IF REQUIRED)
TOTAL HOURS
TOTAL COST OPTIONAL TASKS
CONSULTANT MARK-UP 15%
TASK 4 - DESIGN SERVICES
TASK 3 - DESIGN DEVELOPMENT
TASK 6 - CONSTRUCTION SUPPORT
TASK 5 - SPECIALIZED TECHNICAL SERVICES
Tasks
Westwood Professional Services
TASK/DESCRIPTION
TASK 1 - PROJECT MANAGEMENT
Subcons.
TASK 2 - SURVEY AND TOPOGRAPHIC MAPPING
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1 INF-RFP-00003 - REQUEST FOR PROPOSALS:
TIVOLI SPECIFIC AREA STORM BASIN DESIGN
PROPOSAL RELEASE: FRIDAY, FEBRUARY 28, 2025
PROPOSAL DUE: BEFORE 5:00 PM ON MARCH 21, 2025
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2 PROJECT OVERVIEW
NOTICE IS HEREBY GIVEN that the City of Modesto, County of Stanislaus, State of California (“City”), will receive proposals (each, a "Proposal") electronically through its OpenGov Procurement portal from qualified Proposers (each, a “Proposer”) for the furnishing of TIVOLI SPECIFIC AREA STORM BASIN DESIGN services (the “Services”) for the City of Modesto, Community and Economic Development Department, Land Development Engineering Division. Proposals are due before 5:00 pm on Friday, March 21, 2025. Proposals received in any other format will not be accepted.
The project site is a 454-acre area located in the City of Modesto, within Stanislaus County, in the central San Joaquin Valley. Stanislaus County is bounded by San Joaquin County to the north, Calaveras, Tuolumne, and Mariposa Counties to the east, Merced County to the south, and Santa Clara and Alameda Counties to the west.
The Tivoli Specific Plan (TSP) includes a mixture of various types of residential development and associated densities, regional, general and neighborhood oriented commercial sites, professional office space, neighborhood and linear park spaces, and a proposed school site. The primary goals for the TSP are to foster attractive and distinctive development, to ensure public facilities and services are adequately provided and planned including funding mechanisms, to provide a range of housing types in compliance with the Housing Element, to ensure a circulation system that is consistent with traffic policies, and to provide for new regional commercial development opportunities on the east side of Modesto. The TSP is presently designated as predominantly Residential in the General Plan. that allows for predominantly single-family residential uses, but also with multi-family and senior housing, schools, and parks. Existing small-scale commercial and office uses are deemed compatible.
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3 Figure 1: Tivoli Specific Plan Area
The TSP proposes an approximately 19 acre dual-use basin and neighborhood park (as seen in the exhibit above) that will serve as a centralized focal point, as a recreational open space asset. South of the park is an area designated for an elementary school site. The TSP may include small neighborhood common open space in some residential districts. The paseos located along primary collector streets will offer appealing pedestrian linkages to the centrally located basin/park. The City of Modesto is beginning to receive many new developer inquires and planning projects for the Tivoli area including several tentative map applications, the design and eventual construction of the dual-use catch basin will be crucial as the development process progresses in the area.
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4 TRANSMITTAL LETTER
Proposer shall provide a letter containing an expression of the proposer's interest in the work, a summary statement regarding the qualifications of the proposer to do the work, and a brief summary of any information about the project team or the proposer that may be useful or informative to the City.
The proposal should be signed by an officer authorized to bind the proposing firm. Indicate the name of the organization submitting the proposal, its mailing address, telephone number, and identify the primary point of contact.
Acknowledge that the proposer agrees to be bound by the representations in their proposal during the term of the agreement in addition to a statement that the proposal is valid for a period of one hundred twenty (120) days.
SCOPE OF WORK
PURPOSE OF RFQ
The City of Modesto (the City) is seeking to retain the Professional Engineering Services of one qualified licensed engineering firm to perform design of Tivoli Specific Area Detention Basin, which includes, but not limited to, the preparation and calculations to design the dual-use basin, park features and landscaping design, technical specifications, and full bid package construction documents, if needed.
SCOPE OF WORK OR PROJECT DETAILS
The scope of the project is to provide Construction Documents such as plans, specifications, and estimates for the construction of a Tivoli Specific Area Detention Basin as indicated in the project area map. The Project scope includes, but not limited to, perform hydraulic calculations for storm water generation, detention/retention, and percolation, preparing detailed engineering drawings and specifications for the dual-use basin, compliance with all Local, State and Federal regulations of storm water, landscape architecture designs including landscaping and irrigation etc. The selected consultant will design and support construction of the basin.
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5 The following tasks are identified for the scope of services and may include but shall not necessarily limited to:
Project Management
This task includes project management responsibilities including progress monitoring, scheduling and meetings:
• Monitor and direct work activities in accordance with contracted scope of work, schedule and budget. Maintain open communication with the City regarding progress monitoring, inform the City within a reasonable time and prior to work be conducted if contracted scope of work, schedule and budget need to be changed.
• Provide a milestone schedule prior to start of Preliminary Engineering for City Approval. Schedule to include a list of tasks, estimated completion dates, and responsible party. • Maintain the project schedule throughout the duration of the project Surveys and Topographic Mapping
The Consultant shall perform a topographic survey of the project limits which shall include:
• Location of items necessary to complete the design and construction of the project, including but not limited to, roadway improvement features, pavement, concrete, slopes, grade breaks, drainage features, signs, existing striping, structures, driveway features, house walks and trees; • Location of visible above ground utility features such as manholes, valves, vaults and utility poles; • Measurements to accessible sewer and storm drain manholes and inlets/catch basins to include approximate size, depth and direction;
• Sufficient temporary benchmarks (TBMs) to provide adequate control during the construction phase but placed to not be demolished as part of the construction process; • Identification of existing survey monuments, file corner records, benchmarks to be preserved during construction;
• Datum to be derived from the City of Modesto datum and no GPS surveying is allowed; • Coordination with City of Modesto Survey Division and Transportation Engineering Division during design;
• Additional trips for supplemental topography and/or potholing support if needed.
Design Services
Prepare Basis of Design and estimates, and 30%, 60%, 90%, and 100% plans and specifications. Basis of Design and estimates shall have an emphasis on maintenance requirements and potential life cycle costs. Assist with permitting and design-related approvals. Provide constructability review. Anticipated design disciplines #4..
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6 include Civil, Drainage and Water Quality, Roadway, Hydrogeology, Landscape Architecture, Electrical and Geotechnical Analysis.
• Consultant shall schedule field visits with City staff as needed to analyze existing site condition. • Value engineering techniques should be identified to decrease cost wherever possible. Consultant shall propose unique engineering solutions and costs saving analysis where possible. • Consultant shall prepared a Preliminary Estimate of Probable Costs Engineering Services During Construction
Provide engineering services to support construction activities, including responding to Requests for Information, Change Order requests, and reviewing submittals as required.
Specialized Technical Services
Provide modeling support to confirm drainage basin design meets City and all applicable State and Federal requirements.
Permitting Services
Develop and submit permits and environmental approvals required to authorize construction of the project through all required agencies, if required.
Anticipated deliverables include:
• Survey base mapping markups, geotechnical and environmental characterization reports as needed • Project management, quality assurance, and progress reporting • 30%, 60%, 90% Design Plans, Specifications & Cost Estimate • Final Design Plans, Specifications & Cost Estimate
• Basis of Design Report
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7 • Bid Plans and Special Provisions for Bid Project Manual • Constructability Analysis and Report
• Operations and Maintenance Manual
• Hydraulic Modeling Report
• Construction support deliverables, including submittal review, RFI responses, Design Change issuance, etc.
• As-builts record drawings in PDF and AutoCAD format.
The following documents are available as reference material:
• Tivoli Facilities Master Plan
• Tivoli Infrastructure Financing Program (IFP)
PROPOSAL EXPECTATIONS
CITY OF MODESTO EXPECTATIONS
The City reserves the right to amend, withdraw and cancel this RFP. The City reserves the right to reject all responses to this RFP at any time prior to contract execution. The City reserves the right to request or obtain additional information about any and all proposals.
The selected Consultant is expected to have a complete understanding of City, State, and Federal procedures and manuals and all applicable laws and regulations necessary to complete the Scope of Work.
This RFP provides guidance but may not represent the exact form of the final project scope, pending negotiations between the selected Consultant and the City. Experience in performing similar services will be a heavily weighted factor in the selection process. Quality of performance on public relation and marketing services, ability to meet schedules and budgets, and ability to communicate effectively with City staff, other consultants, community members and the public will be some of the attributes and factors considered.
COST OF RFP PREPARATION
The City shall not be liable for any pre-contractual expenses incurred by any consultant preparing a submittal or portions thereof or by any selected consultant. Each consultant shall protect, defend, indemnify, and hold #4..
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8 harmless the City from any and all liability, claims, or expenses whosoever incurred by, or on behalf of, the entity participating in the preparation of its response to this RFP. Pre-contractual expenses are defined as expenses incurred by consultants, if any, in:
1. Preparing the Proposal and related information in response to this RFP.
2. Negotiations with the City of any matter related to this procurement.
3. Costs associated with interviews, meetings, travel, or presentations.
4. All other expenses incurred by a proposer/consultant prior to the date of award and a formal notice to proceed.
PROPOSAL FORMAT
Proposals should be submitted through the City's OpenGov Procurement portal. The Proposal shall contain an acknowledgment of receipt of all amendments and/or addenda to the RFP.
PROPOSAL EXPECTATION
The City requires the proposer to submit a concise proposal clearly addressing all the requirements outlined in this RFP; it must contain information covering the following topics:
COVER LETTER
The cover letter shall be signed by a person authorized by the Proposer to execute an agreement with the City. It shall include: the legal name of the company; the name, address and telephone number of the principal person representing the firm; the firm’s current annual dollar volume of work; and a summary of the Proposal, including a brief description of the proposed team. It shall make a commitment to accept the terms and conditions in the RFP and the Standard Agreement for Professional Services (Attachment A), including acknowledgment of receipt of all amendments and/or addenda to the RFP.
The letter shall also identify a single person for possible contact during the RFP review process regarding agreement language.
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9 PROJECT UNDERSTANDING AND APPROACH
This section should demonstrate an understanding of the scope of services. It should describe the general approach, organization, and staffing required for the services requested. Also, describe the firm’s understanding of key issues and its approach to resolving those issues. All sub-consultants and their roles must be identified.
The consultant shall include an organizational chart identifying key personnel responsible for accomplishing all aspects of the work.
QUALIFICATIONS OF CONSULTANT STAFF AND SUBCONSULTANT STAFF This section should include a list of key personnel to be assigned to the proposed RFP and qualifications for each person to be used, including sub-consultant personnel. An organizational chart or similar graphic shall also be provided that clearly shows the function each person will be expected to fulfill. It is imperative that the key personnel providing the requested services have the background, experience, and qualifications to provide the services described in this RFP. The City reserves the right to approve all key personnel individually and all subconsultants for work on this agreement.
If sub-consultants or joint consultants are proposed, describe any relevant association with the proposed subconsultants. Provide examples of past projects on which the lead firm has worked with each sub-consultant.
Indicate the percentage of the fee allocated for each participating consultant and/or sub-consultant.
After the agreement is signed, the consultant may not replace key staff without written agreement by the City.
EXPERIENCE OF FIRM
This section should include the relevant experience of the principal firm. Include project descriptions, status of the services, costs and dollar value of services provided. Clearly identify the role of key staff identified herein and identify a minimum of ten (10) current and recent client references including contact information (phone numbers and emails). The focus shall be on experience, analysis, and documentation for similar services. Only recent similar services completed in the past ten (10) years should be included in this section. During evaluation of proposals, completed services on which the key staff proposed for this RFP had a significant role in the #4..
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10 project will be considered to have more weight than those that did not include such personnel. Any other details that the principal firm wishes to convey about itself or its proposed subcontractors should be placed in this section.
COST, SCHEDULE & DEADLINES
The following elements shall be included in describing the budget allocation in the Consultant Proposal:
1. An overall cost proposal, including a breakdown of costs by Activity listed in the scope of work section of this RFP;
2. Person hours allocated to each step and total hours allocated for services objectives and overall services (including sub-contractors), or flat costs by tasks with a “not to exceed” figure for each task;
3. A breakdown of the employees and professionals to be assigned to each project objective and the hourly rates and person-hour costs assigned (please indicate total number of hours for each project team member along with total hours for each project objective and the entire project), or flat costs by tasks with a “not to exceed” figure for each task;
4. Personnel charge rates of the firm;
5. Classification as to whether or not employees are reimbursed by hourly rate or salary; and,
6. List of any subcontractors who may provide technical or other assistance and breakdown of hours/costs associated with the sub-consultants;
7. Any proposals for additions to, modifications of or exceptions from the Scope of Work shall be clearly stated in the proposal and fully explained in the appropriate section(s), with costs specifically broken out in this section. The City is open to innovative and/or customized measures, but reserves the right to evaluate such proposals in full prior to execution of a contract in order to ensure that all the needs of the project and the City are met; and,
8. A detailed schedule, listing sufficient activities to demonstrate an understanding of the process involved in delivering the services of this type.
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11 SAMPLE CITY AGREEMENT
A sample of the City agreement is included in Exhibit A which defines the City’s terms and conditions for these contractual services. Include in your proposal any proposed changes to these terms and conditions as part of your proposal.
INSURANCE REQUIREMENTS
Proposer, if awarded an agreement, will be required to hold harmless, defend and indemnify the city, its agents, officers, employees, and volunteers, against any and all claims, losses, liabilities, judgements 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 Proposer, its agents, officers, employees, and volunteers relating to or during the performance of its obligations under this Proposal. Consultants 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 Proposal for Proposer to procure and maintain a policy of insurance. With reference to the foregoing, the parties agree that all risk of loss, including but not limited to damages, property losses and defense of third-party suits, arising out of or relation to the operation of city-owned vehicles by Consultant’s employees is apportioned to Consultant in accordance with the provisions contained in indemnity.
During the term of the Agreement, CONSULTANT shall maintain in full force and effect at its own cost and expense the insurance coverage as set forth in the attached Exhibit (C) to the Agreement and shall otherwise comply with the other provisions of Exhibit (C) to the Agreement. The city utilizes a software program “PINS Advantage” where vendor is responsible for uploading and maintaining updated insurance.
Insurance Type or Requirement Requirement
General Liability $1,000,000
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12 Automobile $1,000,000
Worker's Compensation (if there are employees
of the business)
$1,000,000
Professional Liability or Errors and Omissions $2,000,000 and $2,000,000 aggregate Waiver of Subrogation Form Required
Additional Insured Endorsement Additional Named Insured language required: The City of Modesto, its officers, officials, employees, agents and volunteers are to be covered as additional insureds.
FINANCIAL INTEREST DISCLOSURE AND FINANCIAL REVIEW
Any agreement 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. This signed form must be submitted with the final proposal.
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.
City staff will request financial statements from the proposer whose proposal is determined to best meet the City’s needs, as determined by the selection committee. Within two (2) business days of City request, proposer shall provide a copy of their company’s most recent professionally prepared Financial Statements (Income #4..
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13 Statement and Balance Sheet). These statements, if un-audited, shall be accompanied by a cover letter that states the name and title of the preparer, the basis of the financial statement presentation (cash or accrual) and whether these statements have been prepared in accordance with Generally Accepted Accounting Principles for the most recent fiscal year end of the proposer. Audited financial statements shall be submitted in their entirety, including the auditor’s opinion and notes to the financial statements.
CONFIDENTIALITY
If any of the submittals, or any portion of the submittals, are considered confidential by the respondent, such uploads should be submitted in the space provided for Additional Information with the word "Confidential" in the file name(s).
All information and documents, excluding the confidential financial information, submitted in response to this RFP are subject to the California Public Records Act, https://www.ftb.ca.gov/your-rights/california-publicrecords-act.html, California Government Code §§ 6250 through 6276.48) (“CPRA”), which mandates the disclosure of documents in the possession of the City upon the request of any person, unless the content of the document falls within a specific exemption category of the CPRA. On each page that contains information that the respondent believes is exempt from mandatory disclosure under CPRA, respondent shall include the following separate legend:
“CONFIDENTIAL – NOT FOR PUBLIC DISTRIBUTION”
“THIS PAGE CONTAINS INFORMATION THAT IS EXEMPT
FROM MANDATORY DISCLOSURE UNDER THE CALIFORNIA
PUBLIC RECORDS ACT.”
Should the City receive a request to review confidentially labeled information, the City will notify the respondent of the request and delay the access to the materials for seven (7) days after notification to respondent to allow respondent to act in protection of its labeled information. Failure to so act shall constitute a complete #4..
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14 waiver.
All responses will be considered public records that are subject to public disclosure. In the event a respondent considers its submittal as a proprietary trade secret or otherwise exempt from disclosure under the CPRA, the respondent must designate its submittal as confidential. The City will withhold designated applications from public disclosure only if permitted by applicable law. The City will not be responsible or liable for disclosure of any information, including without limitation those marked confidential, if disclosure is deemed by the City to be required by law, or by a court of competent jurisdiction.
PROPOSAL EVALUATIONS
The following is an outline of the procedures the City will use in the selection process:
1. Establish a Screening and Selection Committee.
2. Screening and Selection Committee reviews and evaluates the proposals submitted by the prospective consultants.
3. Proposers may be required to participate in an oral interview. The oral interview will be a panel comprised of members of the selection committee.
4. Negotiations may take place with the primary firm on the final scope of work, the final contract proposal, and the proposal price.
5. If an agreement cannot be negotiated for this service, the negotiations with the designated consultant shall be terminated in writing and negotiations shall be started with the next highest rated consultant.
6. The selection committee will make a recommendation to the awarding authority.
CONSULTANT EVALUATION CRITERIA
The City intends to engage the most qualified consultant available for this assignment. It is imperative the consultant’s proposal fully address all aspects of the RFP. It must provide the City staff with clearly expressed information concerning the consultant’s understanding of the City’s specific requirements and qualifying the proposer to conduct this study in a thorough and efficient manner.
The selection committee will make a recommendation to the awarding authority. The acceptance of the #4..
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15 proposal will be evidenced by written Notice of Award from the City’s Director of Community and Economic Development to the successful Proposer.
The following criteria shall be used in evaluation of the proposer’s offer of services:
No. Evaluation Criteria Scoring Method Weight (Points)
1. Experience
• Years of experience of firm and/or its
principals in working with public
utilities infrastructure.
• Broad character and scope of past
projects.
• Experience, education, certification
and licenses of key proposed team
members.
• Experience of proposed team
members in projects of similar
magnitude, requirements and
complexity, within the past five
years. Identify each team member’s
involvement in the specific project
listed and with which firm they were
employed when the work was done.
• History of repeat business with
clients. Stipulate the previous (within
the past five years) contracts with the
City of Modesto.
Points Based 40
(40% of Total)
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16 2. Analysis and Approach
• Originality, creativity, and soundness
of approach to problem solving and
analysis of school safety
transportation requirements.
• Demonstrated management and
organizational ability as relates to
time management, scheduling, City
staff/client relationships, etc., and the
ability to meet deadlines.
• Ability to execute complete, clear and
concise construction documents, and
produce a quality work product.
• Ability to prepare project
recommendations and preliminary
cost estimates appropriate to the size
and complexity of the project.
Points Based 50
(50% of Total)
3. General
• Size of firm and available staff as
appropriate for the required services.
• General comprehension of the
potential assignments and
responsiveness to the special project
requirements.
• Demonstrated understanding of
community economic and social
relationships, such as citizen and
environmental concerns, energy
conservation, ecological and
economic considerations.
• Firm reputation as relates to
principles, credibility, and attitude.
Points Based 10
(10% of Total)
PROPOSAL
PROPOSAL INFORMATION
PROPOSAL (WITHOUT COST)*
Please Upload your Proposal here formatted in the manner required by this RFP. This upload here should NOT INCLUDE any pricing information as that will be uploaded separately. #4..
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17 *Response required
PAYMENT TERMS AND METHODS*
Proposer is able to choose from either of the following payment methods and associated timings:
Option A (Preferred): City of Modesto ePay Payment: This secure payment methodology is preferred by an increasing number of the City’s suppliers. On Net 30-day timing, you will receive a single-use Master Card number with a detailed remittance for each payment. You will process the payment though your POS/Card terminal. The payment remittance will be sent from [email protected] via email and will contain the following information:
• 16-digit credit card number
• Expiration date
• Security code
• Total dollar amount of invoices to be paid
• Invoices reference numbers and corresponding amounts
ePay results in small percentage rebate of 1.0% to the City through the card issuer. That rebate amount will be considered by the City in its evaluation of Proposer’s pricing proposal hereunder. Information about enrolling in MasterCard ePay program can be obtained from the City’s contact listed on the Cover Page of this RFP.
Option B – Manual Check: On Net 45 Day timing, the City will mail a hardcopy check to Bidder. The payment will be deemed to have been made when the check envelope is mailed via US Postal Service First Class Mail. The timing of the mailing will be at the end of the Net 45 Day period. Additional time should be estimated by the Bidder for the check to be in transit, and to await deposit and clearance by Bidder staff.
Please select which option for payment terms and method you accept. ☐ Option A (Preferred)
☐ Option B
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18 *Response required
SEPARATE COST FILE*
Please upload a breakdown of your pricing information here. This information should not be part of your main proposal upload which is why it is requested separately here. *Response required
FINANCIAL INTEREST DISCLOSURE
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.
• Financial_Interest_Disclosu...
CALIFORNIA LEVINE ACT DISCLOSURE*
Please download the below documents, complete, and upload. • Modesto_Levine_Act_Statemen...
*Response required
ADDITIONAL INFORMATION (IF NEEDED)
For any additional information requested or required by any of your previously provided answers or as stated within this RFP please upload the additional documentation here.
SUBMITTAL CONFIRMATION*
Proposer hereby certifies that all information provided within this proposal is accurate to the best of their knowledge. Proposer acknowledges that they have examined and carefully studied all Contract Documents and #4..
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19 any Addenda and that they have provided any necessary proof of their authority to submit a proposal on behalf of the Company Name stated on the proposal thereby committing the Company to the information contained within.
By checking the "please confirm" box below, you certify the above statement. ☐ Please confirm
*Response required
PROPOSED TIMELINE
RFP Issued: February 28, 2025
Questions Due via City's OpenGov
Procurement portal:
March 5, 2025, 12:00pm
Addendum Issued (if required): March 6, 2025
Proposal Due Date & Time: March 21, 2025, 5:00pm
Approximate Award Date: Q2 2025
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20 The City of Modesto assumes no responsibility for delay in upload or submittal of any proposal(s). All costs associated with the preparation and upload/submittal of any proposal(s) shall be borne by the proposer(s).
Each proposal shall be submitted electronically through the City's OpenGov Procurement portal before 5:00 pm on Friday, March 21, 2025.
All questions regarding the RFP shall be submitted through the Questions & Answer area of the City's OpenGov Procurement portal prior to 12:00 pm on Wednesday, March 5, 2025. The City will respond to questions through the OpenGov portal where answers can be found in the Question & Answer tab; however, if a response to a question elicits a change to the bid documents, an addendum will be posted through the OpenGov portal under the Addenda & Notices tab. All contact between Proposer and the City regarding the Proposal process shall be through the City Contact. Attempts by the Proposer to contact other City personnel regarding this RFP and associated process may result in disqualification of the Proposer. Notwithstanding the foregoing, information intentionally or unintentionally provided by any person other than the City Contact may not be correct and will be not be binding upon the City.
I hope this opportunity will be of interest to you and look forward to your response.
Sincerely,
Mark Bolden
Buyer
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21 EXHIBIT A: SAMPLE AGREEMENT
STANDARD AGREEMENT
FOR CONSULTANT SERVICES
THIS AGREEMENT made and entered into in the City of Modesto, State of California, this ______ day of _______________, 20___, (“Effective Date”) by and between the CITY OF MODESTO, a municipal corporation of the State of California, hereinafter referred to as "CITY", and (CONSULTANT), a California corporation, hereinafter referred to as "CONSULTANT".
This AGREEMENT is made with regard to the following recitals:
a. The CITY has determined that an _______________ should be prepared for the CITY to _________________.
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 scope of work as set forth and described in the documents attached hereto and referred to as Exhibit (A) or "Project". The CONSULTANT shall perform the services as described in Exhibit (A) in a manner compatible with the standards of its profession and shall produce a fully complete project that is acceptable to the CITY.
2. TERM OF AGREEMENT
The term of the AGREEMENT shall be for a period of two (2) years, with three (3) one-year extension options at the sole discretion of CITY, for a total of up to five (5) years. #4..
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22 Year 1: MONTH DD, 20___ through MONTH DD, 20___
Year 2: MONTH DD, 20___ through MONTH DD, 20___
Year 3: MONTH DD, 20___ through MONTH DD, 20___
Year 4: MONTH DD, 20___ through MONTH DD, 20___
Year 5: MONTH DD, 20___ through MONTH DD, 20___
Pricing shall remain firm for the first two (2) years of the AGREEMENT.
Price increases for subsequent AGREEMENT years, three, four and, five shall not exceed the Consumer Price Index (CPI) for West Urban Area in any one AGREEMENT year and shall be negotiated through the Purchasing Division. Requests for price increases shall be submitted by CONSULTANT in writing, ninety (90) days prior to the annual anniversary date of the AGREEMENT to be effective for the subsequent year.
3. COMPENSATION
CONSULTANT agrees to accept a sum not to exceed $_________ (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 performance by CONSULTANT of all its duties and obligations under this AGREEMENT.
The Compensation shall be paid pursuant in the manner and at the times set forth below:
CITY shall pay CONSULTANT on a time and materials basis for CONSULTANT’s actual costs for all work called for in Exhibit (A) to this AGREEMENT. All work to be performed under this AGREEMENT shall be billed at the hourly rates set forth in Exhibit (B) attached hereto, CONSULTANT shall submit monthly invoices to CITY which include detailed tasks, hours worked, and billable rates for all work completed, and detailed receipts for any out-of-pocket costs paid by CONSULTANT in connection with work performed on this project.
CITY shall pay CONSULTANT [TO BE DETERMINED BY RFQ RESPONSE IN FINAL AGREEMENT, EITHER “Net 30 terms via CITY’s ePay Program” or “Net 45 Days via manual check”.] #4..
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23 4. OBLIGATIONS OF CONSULTANT
Throughout the term of this AGREEMENT, CONSULTANT shall possess, or secure all licenses, permits, qualifications and approvals legally required to conduct business. CONSULTANT warrants that it has all of the necessary professional capabilities and experience, as well as all tools, instrumentalities, facilities and other resources necessary to provide the CITY with the services contemplated by this AGREEMENT. CONSULTANT further warrants that it will follow the best current, generally accepted and professional practices to make findings, render opinions, prepare factual presentations, and provide professional advice and recommendations regarding this project.
5. PERFORMANCE BY KEY EMPLOYEE
CONSULTANT has represented to CITY that ______ will be the person primarily responsible for the performance of the services referred to in this AGREEMENT. CITY has entered into this AGREEMENT in reliance on that representation by CONSULTANT. CONSULTANT therefore agrees that ____ percent (___%) or more of the time to be devoted to the project that is the subject of this AGREEMENT will be that of the abovenamed person.
6. OWNERSHIP OF DOCUMENTS/TITLE TO DATA
Ownership of Documents
All reports, drawings, designs, graphics, working papers and other incidental work or materials furnished hereunder shall become and remain the property of the CITY, and may be used by CITY as it may require without any additional cost to CITY. No reports shall be used by the CONSULTANT for purposes other than this AGREEMENT without the express prior written consent of CITY.
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 #4..
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24 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. Such data or information may not be used or copied for direct or indirect use by CONSULTANT after termination of this AGREEMENT without written consent of the CITY.
7. NEWS AND INFORMATION RELEASE
CONSULTANT agrees that it will not issue any news releases in connection with either the award of this AGREEMENT, or any subsequent amendment of or efforts under this AGREEMENT, without first obtaining review and approval of said news releases from CITY through the CITY Manager.
8. CONFLICT OF INTEREST
CONSULTANT warrants that it presently has no interest and shall not acquire any interest, direct or indirect, which would create a “conflict of interest”, as that term is defined in the Political Reform Act (Gov. Code § 81000 et seq), for the CONSULTANT in the performance of this AGREEMENT. CONSULTANT warrants that, in performance of this AGREEMENT, CONSULTANT shall not employ any person having any such interest.
CONSULTANT understands that, if this AGREEMENT is made in violation of Government Code § 1090 et seq., the entire AGREEMENT is void and CONSULTANT will not be entitled to any compensation for services performed. CONSULTANT agrees to file a Statement of Economic Interests with the City Clerk at the start and end of this AGREEMENT if so, required at the option of CITY.
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 under this AGREEMENT. Any material extension or change in the scope of work shall be discussed with CITY and the #4..
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25 change and cost shall be memorialized in a written amendment to the original AGREEMENT prior to the performance of the additional work.
10. INDEPENDENT CONSULTANT
All acts of CONSULTANT, its agents, officers, and employees and all others acting on behalf of CONSULTANT relating to the performance of this AGREEMENT, shall be performed as independent CONSULTANTS and not as agents, officers, or employees of CITY. CONSULTANT, by virtue of this AGREEMENT, has no authority to bind or incur any obligation on behalf of CITY. CONSULTANT has no authority or responsibility to exercise any rights or power vested in the CITY. No agent, officer, or employee of the CITY is to be considered an employee of CONSULTANT. It is understood by both CONSULTANT and CITY that this AGREEMENT shall not under any circumstances be construed or considered to create an employer-employee relationship or a joint venture. CONSULTANT, its agents, officers and employees are and, at all times during the terms of this AGREEMENT, shall represent and conduct themselves as independent CONSULTANTS and not as employees of CITY.
CONSULTANT shall determine and control the method, details and means of performing the work and services to be provided by CONSULTANT under this AGREEMENT. CONSULTANT shall be responsible to CITY only for the requirements and results specified in this AGREEMENT, and, except as expressly provided in this AGREEMENT, shall not be subjected to CITY's control with respect to the physical action or activities of the CONSULTANT in fulfillment of this AGREEMENT. CONSULTANT 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 #4..
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26 employment including hours, wages, working conditions, discipline, hiring, and discharging or any other term of employment or requirement of law shall be determined by the CONSULTANT.
It is understood and agreed that as an independent CONSULTANT and not an employee of CITY neither the CONSULTANT or CONSULTANT's assigned personnel shall have any entitlement as a CITY employee, right to act on behalf of the CITY in any capacity whatsoever as an agent, or to bind the CITY to any obligation whatsoever. It is further understood and agreed that CONSULTANT must issue W-2 forms or other forms as required by law for income and employment tax purposes for all of CONSULTANT's personnel. As an independent CONSULTANT, CONSULTANT hereby indemnifies and holds CITY harmless from any and all claims that may be made against CITY based upon any contention by any third party that an employer-employee relationship exists by reason of this AGREEMENT.
11. ASSIGNMENT
Neither this AGREEMENT nor any portion thereof shall be subcontracted or assigned without the express prior written consent of the CITY in each and every instance.
12. PATENT/COPYRIGHT MATERIALS
Unless otherwise expressly provided in the AGREEMENT, CONSULTANT shall be solely responsible for obtaining the right to use any patented or copyrighted materials in the performance of this AGREEMENT.
CONSULTANT shall furnish a warranty of such right to use to CITY at the request of CITY.
13. NOTICES
Notice required by this AGREEMENT shall be given in writing and shall be deemed given and effective upon delivery provided that such are delivered in accordance with the provisions of this Section. Notices shall be delivered either by: (a) personal delivery; (b) overnight courier service which obtains confirmation of delivery; or (c) certified mail, return receipt requested, if delivery is confirmed by a return receipt; or (d) by electronic transmission subject to reasonable proof that the notice was both transmitted and received. Each such notice shall #4..
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27 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:
Address:
Attention:
Phone: ()
Email:
CITY: Name:
Address:
Phone:
Email:
City of Modesto
Purchasing Division
P.O. Box 642
Modesto, CA 95353
(209)
14. INSURANCE REQUIREMENTS
During the term of this AGREEMENT, CONSULTANT shall maintain in full force and effect at its own cost and expense the insurance coverage as set forth in the attached Exhibit (C), attached hereto and incorporated herein, and shall otherwise comply with the other provisions of 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 given written notification to #4..
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28 CONSULTANT. The termination date shall be the effective date of the notice. For the purposes of this section, material breach of this AGREEMENT shall include, but not limited to, any of the following: failure to perform required services or duties, willful destruction of CITY's property by CONSULTANT, dishonesty or theft.
Termination by City for Convenience
The CITY may also terminate the CONSULTANT's performance under the AGREEMENT, either in whole or in part, at its own discretion, or when conditions encountered during the service make it impossible or impracticable to proceed, or when the CITY is prevented from proceeding with the AGREEMENT by act of God, by law, or by official action of a public authority, or upon a determination by the CITY that such termination is in the best interest and convenience of the CITY, or whenever the CITY is prohibited from completing the work for any reason. The CITY shall provide no less than ten (10) calendar days written notice of its intent to terminate the AGREEMENT for convenience and shall endeavor to provide the CONSULTANT with consultation with the CITY prior to termination.
Post-Termination Procedure
Upon receipt of a written notice of termination pursuant to either of the foregoing paragraphs, the CONSULTANT shall:
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 subconsultants and materials in progress to CITY, in which case the CITY will have the right at its discretion to settle, or pay any or all claims arising out of the termination of such subconsultants, but in no event shall recovery by any CONSULTANT or subconsultant include lost profits for portions of the work not completed or undertaken, including materials not delivered; d. Deliver or otherwise make available to the CITY all data, drawings, specifications, reports, estimates, summaries and such other information and material as may have been accumulated by #4..
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29 the CONSULTANT in performing the work whether completed or in process; e. Settle outstanding liabilities and claims, subject to the approval of CITY; f. Complete performance of such part of the Service 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 Services and/or property related to the Services; 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:
j. The cost of settling and paying valid claims arising out of the termination of the work such as subconsultant AGREEMENTS or AGREEMENTS for materials;
k. The AGREEMENT price allocable to the portion of the work properly performed, or goods supplied to the work site by the CONSULTANT as of the date of termination, as determined in accordance with the notice of termination, reduced by any sums previously paid to the CONSULTANT.
Authorization to Terminate Agreement
Termination of the AGREEMENT may be invoked by the City Manager, or his/her designee, subject to the right of the CONSULTANT to appeal the City Manager, or his/her designee's, decision to the City Council. The CONSULTANT shall appeal by notifying the City Clerk in writing within ten (10) calendar days of receipt of written notification from CITY of termination of the AGREEMENT. In the event that termination of this AGREEMENT is upheld by the City Council, any cessation of payment of delay claims, extended claims, #4..
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30 Eichleay claims, or any other claims for delay shall be retroactive to the date of termination selected by the City Manager, or his/her designee.
16. INDEMNITY
If CONSULTANT is Design Professional performing design professional services, as defined California Civil Code 2782.8, CONSULTANT agrees to indemnify, defend, and hold harmless the CITY, its agents, officers, officials, employees and volunteers, from and against any and all claims, demands, costs, or liability that arise out of, or pertain to, or relate to the negligence, recklessness, or willful misconduct of CONSULTANT and its employees, officials, officers, agents or agents in the performance of services under this AGREEMENT, but this indemnity does not apply to liability for damages arising from the sole negligence, or willful misconduct of the CITY. The CITY agrees that in no event shall the cost to defend charged to the CONSULTANT exceed that CONSULTANT’s proportionate percentage of fault. However, notwithstanding the previous sentence, in the event one or more defendants is unable to pay its share of defense costs due to bankruptcy or dissolution of the business, the CONSULTANT shall meet and confer with other parties regarding unpaid defense costs. This duty to indemnify shall not be waived or modified by contractual AGREEMENT or acts of the parties.
If CONSULTANT is not a Design Professional performing Design Professional Services, the CONSULTANT shall hold the CITY, its agents, officers, employees, and volunteers harmless from and save, defend and indemnify them against any and all claims, losses, liabilities, judgments or damages from every cause, including but not limited to injury to person or property or wrongful death, including reasonable costs and expenses of defense of any judicial or administrative action, arising directly or indirectly out of any negligent or intentional act or omission of CONSULTANT, or its agents, officers, officials, employees, or volunteers relating to or during the performance of its obligations under this AGREEMENT, except for claims arising from the sole negligence of the CITY.
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31 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 subconsultant 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 subconsultants, as well as for the payment of any penalties and interest on such contributions, which would otherwise be the responsibility of CITY.
17. DISPUTE RESOLUTION
Venue for all claims, controversies, or disputes arising out of, or relating to the formation of this AGREEMENT, or the breach, termination execution, enforcement, interpretation, or validity of this AGREEMENT, including the determination of the scope or applicability of this contract provision shall be in the Superior Court of Stanislaus County or the United States District Court for the Eastern District of California.
18. ATTORNEY'S FEES
If a party to this AGREEMENT brings any action, including an action for declaratory relief, to enforce or interpret 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 #4..
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32 of performance hereunder. All previous proposals, offers and communications relative to this AGREEMENT, whether oral or written, are hereby superseded except to the extent that they have been incorporated into this AGREEMENT. No future waiver of or exception to any of the terms, conditions, and provisions of this AGREEMENT shall be considered valid unless specifically agreed to in writing by all the parties.
20. PARTIAL INVALIDITY
If any provision in this AGREEMENT is held by a court of competent jurisdiction to be invalid, void, or unenforceable, the remaining provisions shall nevertheless continue in full force without being impaired or invalidated in any way.
21. WAIVER
The waiver by any party to this AGREEMENT of a breach of any provision hereof shall be in writing and shall not operate or be construed as a waiver of any other or subsequent breach hereof unless specifically stated in writing.
22. AUDIT
The CITY's duly authorized representative shall have access at all reasonable times to all reports, contract records, contract documents, contract files, and personnel necessary to audit and verify CONSULTANT's charges to CITY under this AGREEMENT.
CONSULTANT agrees to retain reports, records, documents, and files related to charges under this AGREEMENT for a period of four (4) years following the date of final payment for CONSULTANT services. CITY's representative shall have the right to reproduce any of the aforesaid documents.
23. GOVERNING LAW
This AGREEMENT shall be governed according to the laws of the State of California. #4..
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33 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. #4..
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34 IN WITNESS WHEREOF, the City of Modesto, a municipal corporation, has authorized the execution of this AGREEMENT by its City Manager and attestation by its City Clerk under authority of Resolution No. 20___- ______, adopted by the Council of the City of Modesto on the ______ day of ________________, 20___, and (CONSULTANT) has caused this AGREEMENT to be duly executed as of the Effective Date.
CITY OF MODESTO
a municipal corporation
(CONSULTANT)
a California corporation*
By ________________________________ By ________________________________ JOSEPH P. LOPEZ, City Manager Name Title
By ________________________________
ATTEST: Name Title
By ________________________________ (Seal)
DIANE NAYARES-PEREZ, CMC, City Clerk
CONSULTANT's Federal ID# ___________
APPROVED AS TO FORM:
By ________________________________
JOSE M. SANCHEZ, City Attorney
APPROVED AS TO FORM:
By ________________________________
MATHEW BRALEY, Risk Manager
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35 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 subcontractors.
MINIMUM SCOPE AND LIMIT OF INSURANCE
Coverage shall be at least as broad as:
1. Commercial General Liability (CGL): Insurance Services Office Form CG 00 01 covering CGL on an “occurrence” basis, including products and completed operations, property damage, bodily injury and personal & advertising injury with limits no less than $1,000,000 per occurrence. If a general aggregate limit applies, either the general aggregate limit shall apply separately to this project/location (ISO CG 25 03 or 25 04) or the general aggregate limit shall be twice the required occurrence limit.
2. Automobile Liability: ISO Form Number CA 00 01 covering any auto (Code 1), or if Contractor has no owned autos, hired, (Code 8) and non-owned autos (Code 9), with limit no less than $1,000,000 per accident for bodily injury and property damage.
3. Workers’ Compensation: as required by the State of California, with Statutory Limits, and Employer’s Liability Insurance with limit of no less than $1,000,000 per accident for bodily injury or disease.
(Not required if consultant provides written verification, it has no employees)
4. Professional Liability (Errors and Omissions) Insurance appropriates to the Consultant’s profession, with limit no less than $2,000,000 per occurrence or claim, $2,000,000 aggregate.
If the 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 contractor. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the City of Modesto.
Umbrella or Excess Coverage
The 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 #4..
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36 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.
The insurance policies are to contain, or be endorsed to contain, the following provisions:
Additional Insured Status
The City of Modesto, its officers, officials, employees, and volunteers are to be covered as additional insureds on the CGL policy with respect to liability arising out of work or operations performed by or on behalf of the Consultant including materials, parts, or equipment furnished in connection with such work or operations. General liability coverage can be provided in the form of an endorsement to the Consultant's insurance with coverage equal to ISO form CG 2010. If Completed Operations endorsement is required, a separate endorsement equal to ISO form CG 2037 is required.
Primary Coverage
The Additional Insured coverage under the Consultant's policy shall be “primary and non-contributory” and will not seek contribution from the City’s insurance or self-insurance and shall be at least as broad as CG 20 01 04 13.
The City of Modesto does not accept endorsements limiting the Consultant's insurance coverage to the sole negligence of the Named Insured.
Notice of Cancellation
Each insurance policy required above shall provide that coverage shall not be canceled, except with notice to the City of Modesto.
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37 Waiver of Subrogation
Consultant hereby grants to City of Modesto a waiver of any right to subrogation which any insurer of said Consultant may acquire against the City of Modesto by virtue of the payment of any loss under such insurance.
Consultant agrees to obtain any endorsement that may be necessary to affect this waiver of subrogation, but this provision applies regardless of whether or not the City of Modesto has received a waiver of subrogation endorsement from the insurer.
Self-Insured Retentions
All Self-insured retentions must be disclosed to Risk Management for approval and shall not reduce the limits of liability. The City of Modesto may require the Consultant to purchase coverage with a lower retention or provide proof of ability to pay losses and related investigations, claim administration, and defense expenses within the retention. Any and all deductibles and SIRs shall be the sole responsibility of Consultant or subcontractor who procured such insurance and shall not apply to the Indemnified Additional Insured Parties.
Acceptability of Insurers
Insurance is to be placed with insurers with a current A.M. Best’s rating of no less than A:VII, unless otherwise acceptable to the City of Modesto.
Claims Made Policies (applicable to Professional Liability only) If any of the required policies provide claims-made coverage:
1. The Retroactive Date must be shown and must be before the date of the contract or the beginning of contract work.
2. Insurance must be maintained, and evidence of insurance must be provided for at least five (5) years after completion of the contract of work.
3. If coverage is canceled or non-renewed, and not replaced with another claims-made policy form with a Retroactive Date prior to the contract effective date, the Consultant must purchase “extended reporting” coverage for a minimum of five (5) years after completion of work. #4..
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38 Verification of Coverage
Consultant shall furnish the City of Modesto with original certificates and amendatory endorsements or copies of the applicable policy language effecting coverage required by this clause and a copy of the Declarations and Endorsements Pages of the CGL and any Excess policies listing all policy endorsements. All certificates and endorsements are to be received and approved by the City of Modesto Risk Services before work commences.
However, failure to obtain the required documents prior to the work beginning shall not waive the Consultant's obligation to provide them. The City of Modesto reserves the right to require complete, certified copies of all required insurance policies, including endorsements required by these specifications, at any time. City reserves the right to obtain a full certified copy of any insurance policy and endorsements. Failure to exercise this right shall not constitute a waiver of right to exercise later.
Subconsultants
Consultant shall require and verify that all 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.
Certificate Holder Address
Proper address for mailing certificates, endorsements and notices shall be:
City of Modesto
Attn: Risk Management
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39 1010 10th Street
Modesto, CA 95354
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CITY OF MODESTO
Proposal of Services
Tivoli Specific Area Storm Basin Design
March 21, 2025
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March 21, 2025
Re: City of Modesto Tivoli Specific Area Storm Basin Design To Whom It May Concern,
Stormwater basin parks, like the proposed Tivoli Specific Plan (TSP) dual-use basin and neighborhood park, provide a unique opportunity to efficiently capture and utilize water resources while maximizing land use for recreation and community engagement. By integrating stormwater detention and retention systems within this 19-acre open space, the project will enhance flood control, support groundwater recharge, and improve water quality—all while creating a vibrant recreational hub for residents. Strategically located, the basin park will serve as a focal point, seamlessly connecting neighborhoods and an adjacent elementary school, offering safe and accessible green space for play, exercise, and community gatherings. Thoughtful landscape design, walking trails, and multi-use play areas will ensure the basin is not just a functional necessity but a true community asset. Additionally, this dual-purpose approach supports urban sustainability, mitigates heat island effects, and fosters biodiversity by incorporating native vegetation and habitat-friendly elements. As development interest in the Tivoli area grows, the careful planning and execution of this project will be crucial in balancing growth with environmental stewardship, ensuring long-term benefits for both water management and community well-being.
Westwood is uniquely qualified to deliver this project due to our unmatched experience and deep familiarity with the Tivoli Specific Area. As a trusted local firm, we have successfully completed over 100 projects for the City of Modesto, building a strong partnership based on reliability, innovation, and high-quality solutions that enhance the community. Our in-depth knowledge of Modesto’s regulatory framework, geographic landscape, and infrastructure priorities allows us to seamlessly navigate project complexities while ensuring efficiency and sustainability. Our in-house multidisciplinary team—specializing in civil engineering, land surveying, landscape architecture, and stormwater management—has the expertise to design and implement the Tivoli Basin as a high-functioning, dual-use space. Additionally, our active involvement in six developments within the Tivoli Neighborhood Master Plan, covering approximately 257 acres, gives us invaluable insight into the area’s infrastructure needs. Our work on the Sonoma Sewer Trunk Phases 3 and 4a, along with the upcoming Phase 4b design, further demonstrates our ability to integrate stormwater solutions within the existing system. With a proven track record of delivering successful public space and stormwater projects, we are uniquely positioned to ensure that the Tivoli Basin becomes both an essential water management facility and a thriving community gathering place.
Leading this project will be Tyler Fay, PLA, whose extensive experience in dual-use basin parks across the Central Valley makes him the ideal project lead. As Project Manager for seven dual-use basin parks in the City of Manteca, he successfully guided projects from concept to construction, integrating sports courts, fields, walking trails, playgrounds, picnic areas, and exercise stations into functional stormwater basins. His expertise extends to high-profile parks such as Mary E.
Grogan Park in Modesto, where he played a key role in delivering a premier recreational space for the community. Tyler’s leadership will ensure the Tivoli Basin is designed to maximize both stormwater management and recreational benefits.
Supporting him is Mike Persak, who has managed six developments within Tivoli and brings in-depth knowledge of the area’s infrastructure, including the Sonoma Sewer Trunk. Additionally, Scott Roberts will provide technical survey oversight, having led survey efforts for multiple projects within the Tivoli Specific Plan, ensuring seamless integration with Modesto’s control systems. Our team is further strengthened by two trusted subconsultants: Kleinfelder, a long-standing partner with previous Tivoli experience, will provide geotechnical engineering, while Black Water Consulting Engineers, a highly respected local firm with over 15 years of partnership with Westwood, will lead the pump design. Together, this expert team is ready to deliver a well-integrated, high-functioning dual-use basin park that enhances both water management and community recreation.
Our commitment to Modesto runs deep. For decades, we have partnered with the City to shape vibrant neighborhoods, sustainable infrastructure, and meaningful public spaces that improve the lives of residents. The Tivoli Basin Project is more than just a stormwater solution—it represents an opportunity to create a lasting community asset that harmonizes functionality with beauty, resilience with recreation. By blending insightful engineering with thoughtful landscape design, we will transform this basin into a place where Modesto’s future generations can connect with nature, stay active, and build a stronger community. Notes: Regarding the sample agreement, we respectfully request to utilize the negotiated version of the contract that was executed for the TRRP Master Plan Update. I, Chad Kennedy, am authorized to bind the firm (legal name: Westwood Professional Services) and will serve as the primary contact during the proposal and negotiation process. We agree to be bound by the representations in this proposal and certify that the proposal is valid for 120 days. Our current annual dollar volume of work, as relevant to our California offices, exceeds $22 million.
Sincerely,
Chad Kennedy, PLA #5426, Principal Landscape Architect
1165 Scenic Drive, Suite A, Modesto, CA 95350
209.571.1765 - [email protected]
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Project Understanding and Approach
Project Understanding
Tivoli Dual-Use Basin Neighborhood Park
The Tivoli Dual-Use Basin Neighborhood Park project is a pivotal component of the broader Tivoli Specific Plan, which encompasses a 454-acre area within the City of Modesto’s sphere of influence in Stanislaus County. The project site, located between Claratina Avenue, Roselle Avenue, Sylvan Avenue, and Oakdale Road, will be transformed into a mixed-use development, including residential, commercial, educational, and recreational spaces. A central feature of this development will be a 19-acre dual-use basin park designed to integrate both stormwater management and recreational spaces, providing an essential amenity to the surrounding neighborhoods.
Project Overview
The Tivoli Dual-Use Basin Neighborhood Park will be situated at the heart of the Tivoli development, strategically placed to serve as both a recreational space and an essential stormwater management facility. The basin park will be designed in three tiers:
y The Lowest Tier: Dedicated entirely to stormwater management, this area will play a critical role in capturing and storing water during heavy rainfall events, ensuring that runoff is appropriately managed. y The Middle Tier: This area will function as an auxiliary stormwater management zone during the rainy season but will also serve as an informal recreational space during dry months, offering flexibility in its use. y The Upper Tier: Primarily designated for recreational use, this space will provide active and passive recreation areas, with minimal to no involvement in stormwater management.
Westwood’s team, with its extensive experience working with the City of Modesto, will oversee the development and construction of the park, ensuring that the design supports both recreational opportunities and environmental sustainability.
Throughout the design process, the team will collaborate closely with City staff to refine the recreational aspects of the park while maintaining the essential functionality of the basin.
Goals and Opportunities
The Tivoli dual-use basin park represents a unique opportunity to merge environmental stewardship with community recreation. By utilizing the park’s design to manage stormwater, the project will not only enhance the neighborhood’s resilience to storm events but also provide a space that encourages biodiversity and wildlife habitats. The park’s planting palette will feature species that can withstand prolonged inundation, creating a habitat conducive to birdwatching, wildlife observation, and the exploration of natural ecosystems not commonly found in traditional parks.
Furthermore, the park will offer approximately five acres of active recreation space, providing facilities for sports courts (basketball, tennis, pickleball, futsal), children’s play structures, picnic areas, shade structures, and passive recreational spaces. This diverse range of amenities will ensure the park serves as a vibrant community hub for residents of all ages.
Constraints and Challenges
Despite the exciting opportunities, there are several constraints that must be carefully navigated throughout the design and construction process:
y Balancing Recreational Space with Stormwater Management: Given that roughly two-thirds of the park will be dedicated to stormwater management, the challenge lies in maximizing the recreational value of the remaining space while ensuring sufficient capacity for managing stormwater during high-volume events, including but not limited to a 100-year storm event.
Project Understanding and Approach
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y Maintenance of Dual-Use Basin: Unlike traditional parks, the dual-use basin will require ongoing maintenance of stormwater management facilities to ensure their continued performance, adding a layer of complexity to the park’s upkeep. y Safety: The integration of stormwater management features requires heightened attention to safety, particularly in ensuring that the park is safe for visitors during and after a storm event. Special consideration will be given to the design of recreational spaces adjacent to stormwater areas, with safety features incorporated into the park’s layout.
Westwood’s approach will be multidisciplinary, integrating landscape architects and civil engineers to develop innovative solutions that address these constraints while maintaining the park’s functional and aesthetic goals.
Previous Experience and Local Knowledge
Westwood’s familiarity with the Tivoli area and its ongoing projects in Modesto provides a distinct advantage in terms of efficiency and cost-effectiveness. The team has completed several survey assignments in the vicinity, providing valuable topographic data that will minimize the need for additional fieldwork. Previous work in the area has also addressed boundary discrepancies, ensuring that the project can proceed smoothly and without delays. This deep local knowledge, combined with Westwood’s extensive experience working with the City of Modesto, will facilitate a seamless design and implementation process.
Infrastructure Considerations
Several infrastructure elements will need to be considered during the development of the park, including:
y Stormwater Detention/Retention: The basin will be designed in accordance with the City of Modesto’s Design Standards for Dual Use Flood Control/Recreational Facilities. Given the limited percolation rates at the site, a pump station and force main will be incorporated to ensure that the basin can evacuate stormwater within the required 48-hour period. y Irrigation and Electrical Facilities: The project site contains existing Modesto Irrigation District (MID) irrigation and electrical infrastructure, including a 30” Davis pipeline and overhead electrical lines. These facilities will need to be carefully integrated into the park design, with possible realignments and coordination with MID. to maintain service during construction. y Relocation of Water Main: A portion of the City’s 16” water main located along Mable Avenue will need to be relocated in accordance with the Tivoli Specific Plan. Westwood will work closely with the City’s Utilities Department to determine the optimal alignment for the water main.
y Farming Operations: The park’s construction will impact adjacent farming operations, including access roads and irrigation facilities.
Westwood will collaborate with property owners to ensure that the necessary infrastructure adjustments are made to minimize disruption to agricultural activities during and after construction.
Conclusion
The Tivoli Dual-Use Basin Neighborhood Park is an exciting and transformative project that will provide a vital green space for the community while also addressing important stormwater management needs. With Westwood’s expertise in landscape architecture, civil engineering, stormwater design, and collaboration with City staff, the project is poised to create a sustainable and dynamic park that balances recreational opportunities with environmental function. The park’s thoughtful design will ensure that it serves as a central and cherished space within the Tivoli development for generations to come.
Project Understanding and Approach
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Scope of Services
Included in this section is the technical scope of work to complete the project as we interpret it. It is organized a bit differently than the scope in the RFP document to help streamline the process and include key scope assignments that may have been overlooked.
Task 1: Meetings and Project Management
1.1 Kick-off Organization & Scoping Meeting
A well-run organizational meeting at the beginning of the project will clear up any unexpected issues before they arise. A meeting will be held with staff, during which our proprietary client communication program is started and the following typical items are discussed:
y Introduce staff and project partners to the design consulting team. y Review objectives of the project, scope of services, deliverable expectations, project schedule, and milestones. y Confirm project parameters and limits of work. (Conduct a site review and photo document site conditions.) y Collect available data and published material (GIS data, aerial photography, right-of-way maps, as-built plans, and record maps).
y Establish meeting and presentation schedules and communication channels with all parties involved. y Review and list all applicable design/planning standards, opportunities, and/or challenges anticipated. y Coordinate with agency departments, other agencies, and stakeholders. y Review project budget and billing requirements.
y Complete custom client communications program.
1.2 Progress Meetings
After each submittal and subsequent staff review period, a progress meeting with the design team will be held. An agenda will be prepared prior to, and minutes will be provided after, each meeting. It is anticipated that there will be a progress meeting each month during the design period and ideally held at the following stages:
y Following the Basis of Design Report submittal
y Following the 30%, 60%, 90%, and 100% PS&E submittals
1.3 Management
Management of all project design aspects will be covered by the team. The following will be provided:
y A comprehensive design schedule
y Monthly progress update meetings and minutes
y Correspondence between City, Modesto Irrigation District (MID), and design team y Management of the consultant team quality control measures
1.4 Site Visits
y Perform site reconnaissance visits to evaluate site conditions and identify potential conflicts and design challenges. y Meet with City, MID, and design team on-site to review and discuss potential conflicts and design challenges.
Deliverables
y Meeting agendas and Minutes in PDF format
y Customized Client Communication Program in PDF format y Preliminary project schedule with critical path milestones in Microsoft Project and PDF format y Monthly progress reports and invoices
Task 2: Site Analysis/Data Collection & Review
Research objectives will include a detailed review of project history and existing park site information including topographic surveys and soil studies. A site visit will be conducted and site photographs will be taken.
2.1 Contextual Analysis
Analyze existing elements within the proposed site to guide design. Items including but not limited to prevailing winds, soil type, local demographics, utilities, and so forth will be reviewed.
Project Understanding and Approach
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2.2 Topographic Survey Base Mapping
Surveying services in support of this project will include topographic surveying of the existing site. The topographic survey data will be collected using the City’s existing horizontal and vertical survey control and benchmarks. All information will be collected with the input and collaboration of both internal and external subconsultant specialty disciplines to guarantee a focused, but well-rounded product that rises to meet the needs of each of the project’s objectives. y Perform cross-section survey of linear corridor at 50-foot intervals. y Perform topographic survey of all hardscape and softscape, including grade breaks, high points, and low points. In flat areas, measure spot elevations in a grid pattern at 50-foot intervals. y Locate surface-visible utility features and improvements, including but not limited to signs, fences, walls, buildings, striping, driveways, walkways, drainages, structures, lights, poles, bollards, general limits of vegetated or landscaped areas, USA markings, vaults, valves, meters, boxes, pedestals, cleanouts, manholes, drain inlets, catch basins, culverts, outfalls, and standpipes.
y All trees 6” in diameter or larger will be located.
y At manholes and accessible structures, measure invert elevation of all gravity storm drains and sewer pipes. Annotate topographic survey drawing with invert elevation, approximate diameter, and orientation of each pipe visible at the time of the survey. Where access is not practical, Westwood shall indicate by notation on the mapping deliverable. y Create existing ground Civil 3D TIN surface model.
y Prepare topographic map at a 1” = 20’ scale.
2.3 Resolved Boundary
Having a resolved boundary will provide definitive information that can be used to make precise determinations about the subject property, including matters including but not limited to gross/net parcel area, setbacks, encroachments, etc.
It is a critical part of the planning and design process because it brings clarity to the often uncertain nature of property boundaries, easements, and road rights-of-way, which rarely lie exactly where they are presumed to. A resolved boundary is also essential if improvements are being built close to property lines or near setback minimums. y Resolve the location of property boundaries, road rights-of-way, and easements as defined by an analysis of available record maps, title report(s), supporting documents, and physical evidence. y Reset missing or damaged property corner monuments as required.
2.4 Utility Investigation & Coordination
A comprehensive utility investigation will be completed to determine what utilities are available, their locations, and utility depth within the project limits of work. Available as-built and original design drawings will be reviewed, utility request letters will be sent to all applicable utility companies, and site investigation will be used to make determinations. We will work with utilities as necessary to prepare the site for construction efforts. Where feasible, utilities infrastructure will be installed and or relocated prior to beginning construction.
Deliverables
y Topographic survey base map drawing in AutoCAD Civil 3D 2023 format y Resolved boundary linework drawing in AutoCAD Civil 3D 2023 format y Site plan of topographic survey in PDF format
Task 3: Design Development
3.1 Preliminary Site Plan Development
Following site analysis efforts, the design team will prepare two concept plans illustrating alternative designs for the park. The preliminary site plan will be developed to reflect the guidelines for the dual-use basin park as outlined in the Tivoli Specific Plan. After the designs have been presented to the City for review and comment, a final rendered master plan will be prepared for inclusion in the Basis of Design Report. In addition, a preliminary layout of new sewer mains and connections will be prepared based on the location of proposed street improvements and other utilities. This is a crucial step to limit revisions later in the process and to avoid inefficient uses of time and resources. This site plan will be drawn with actual topographic data, to scale, and will be a rendered drawing depicting all proposed park features and amenities.
3.2 Basis of Design Report
In conjunction with the preliminary site plan, the primary purpose of the Basis of Design report is to convey the design intent early in the design process. This report will help identify, clarify, and simplify any major design decisions early. It will Project Understanding and Approach
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be developed with a mix of communication styles including visual and written, and will include tables and charts. Typical information in the report might include:
y Contextual information for the project site
y Conceptual plans to illustrate design concepts and alternatives y Enlargements of the special areas within the park
y Discussions of maintenance requirements and potential life cycle costs y Renderings and sections to convey design intent in a three-dimensional manner y Sample imagery of site furnishings and features, plant types, and irrigation methods y Planning level construction cost estimates
3.3 Design Development Drawings (30% PS&E)
The Design Development Drawing package includes drawings to convey general engineering and design concepts. This service will include the following preliminary plan sheets at a minimum:
y Cover sheet and project information
y Site plan
y General and project specific notes
y Existing conditions plan
y Grading, drainage, and utilities plan
y Plan and profile sheets
y Site finishes and furnishings plans
y Irrigation plans
y Planting plan
y Electrical plans
y Major construction details
y Technical specifications table of contents
Deliverables
y Rendered site plan in PDF format
y Basis of Design Report
y 30% drawings in PDF format
y 30% estimates and quantities in PDF format
y Technical specifications TOC in PDF format
y Updated project schedule with critical path milestones in Microsoft Project and PDF format Task 4: Construction Documentation
4.1 Construction Documents (PS&E)
Following the approval of a final site plan, the team will prepare final site improvement plans for permitting.
Improvement plans include routine information normally required by governing agencies. The scope of work will include three packages: 60% construction documents with draft specifications, 90% construction documents with updated specifications, and 100% documents including final specifications. This service will include the following tasks:
y Improvement Plans - Plans may include the following sheets but are subject to change as the parameters, needs, and existing conditions of the project formalize:
y Cover sheet
y General and project specific notes and conditions
y Site plan
y Existing conditions and demolition plan
y Underground utilities plan
y Plan and profile sheets
y Grading and drainage plans
y Erosion control plans
y Horizontal control plan
y Site finishes and furnishings plans
y Enlargement plans (playground, etc.)
y Irrigation plans and water use calculations
y Planting plan
y Electrical plans
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y Construction details
y Shade Structure sections and plans
y As-built drawings as appropriate for reference
y Construction quantities and estimates
y Draft & final technical specifications (City will provide boilerplate and Front-End specifications) y Draft & final stormwater pollution prevention plan (SWPPP & NPDES permit coordination)
4.2 Bid Package
Following the approval of the 100% PS&E drawings, the team will prepare a final bid package. The bid package will include:
y Front end documents (provided by the City)
y Stamped and signed cover sheet
y Bid forms
y Bid item descriptions
y Final stamped and signed PS&E
y Final stamped and signed technical specifications booklet y Final cut sheets for important features and materials y Geotechnical Report
Deliverables
y Final Geotechnical Report in PDF format
y 60%, 90%, & 100% drawings in PDF format
y 60%, 90%, & 100% estimates and quantities in PDF format y Technical specifications TOC in PDF format
y 60% & 90% updated project schedule with critical path milestones in Microsoft Project and PDF format y SWPPP document in PDF format
y Final bid package in PDF and AutoCAD
Task 5: Specialized Technical Services
Westwood will provide specialized technical services to ensure that the basin meets City, State, and Federal requirements. These services include preparing comprehensive basin calculations and geotechnical investigations to evaluate subsurface soil conditions.
5.1 Basin Calculations
The Westwood team will conduct comprehensive basin calculations to evaluate stormwater management requirements for the project area. These calculations will assist with the following:
y Development of a model to estimate stormwater generation based on local rainfall patterns and land use characteristics. y Designing systems for stormwater detention and retention and assessing percolation rates for infiltration systems. y Creating a hydrological model to simulate water flow and evaluate various stormwater management strategies.
5.2 Geotechnical Investigation
The geotechnical investigation will occur early in the design process to ensure that the team has the information needed to make recommendations early and aid in preparing accurate cost estimates throughout the design process. y To characterize the subsurface conditions and obtain soil samples for laboratory testing, six (6) soil borings throughout the proposed park of varying depths will be drilled.
y An Engineer/Geologist will direct the sampling and log the borings. The samples will be delivered to the laboratory for evaluation and testing. Field penetration tests will be used to evaluate relative density, strength, and compression characteristics of native soils. The borings will be backfilled according to the City/County permit requirements. y Following the completion of subsurface exploration, percolation testing will be conducted in support of the park basin.
Borehole percolation tests will be performed to measure infiltration/percolation rates boring logs. It is anticipated that these tests will occur in five (5) locations.
y Laboratory tests will be performed on representative soil samples obtained from the exploratory borings, which may include unit weight, moisture content, sieve analysis, Atterberg Limits, direct shear, soluble sulfate and soluble chloride contents, pH and minimum resistivity, R-Value, and landscape suitability. y Engineering analysis will be prepared and a Geotechnical Report containing the following (but not limited to):
y Project description
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y Summary of subsurface exploration and subsurface conditions y Infiltration rates
y Laboratory test results
y CBC seismic design parameters for structures (non-site specific) y Summary of groundwater conditions encountered and potential impact on design and construction y Foundation recommendations for structures
y Recommendations for over-excavation of unsuitable soils y Recommendations for grading and construction
y Recommendations to aid in the design of slabs-on-grade and exterior concrete hardscape y Pavement section recommendations
y Site Plan with current boring and infiltration/percolation test locations y Boring logs with laboratory test results
Deliverables
y Basin calculation report summarizing findings and methodologies. y Stormwater generation model with peak flow rates and volume calculations. y Design calculations and specifications for detention and retention systems, including percolation assessment results. y Hydrological model report detailing the simulation results and validation against historical data. y Draft and final geotechnical investigation report.
y Operations and maintenance manual, including guidelines for routine maintenance and emergency procedures.
Task 6: Construction Support Services
6.1 Site Visits & Construction Communications
Westwood will perform construction support services throughout the project’s completion. Services include the following: (We can provide additional support as requested.) y Assist City Staff in bidding process.
y Attend pre-bid meeting.
y Respond to RFIs.
y Prepare Addenda and Transmittals (as needed).
y Attend pre-construction meeting.
y Review and approve Contractor’s schedule, shop drawings, RFIs, and submittals. y Perform site review and prepare reports on construction progress. y Prepare as-built drawings from contractor maintained field drawings. y Construction observation site visits to review site finishes, at irrigation installation phase, for plant review and approval prior to planting, during playground installation, following structural installations but prior to final surface covering, a final punch list walk, etc. Includes the following site visits:
y Site progress visits to review rough grading, site finishes (concrete, surfacing, etc.), irrigation installation, for plant review and approval prior to planting, following playground retrofits, following structural installations but prior to final surface covering
y Final project site review and report
Deliverables
y Meeting agenda and minutes in PDF format
y Bidding RFI and addenda in PDF format
y Construction progress reports in PDF format
y Construction RFI, shop drawing, and submittal responses in PDF format y As-built drawings in PDF format
Task 7: Pump Station Design
7.1 Stormwater Pump Station Design (If Required)
If it is determined during the design phase of the project that a stormwater pump station is required, Westwood can provide this service as an additional scope item. This service includes the following:
y Develop a Preliminary Design Memorandum to outline the design criteria, alternative designs, equipment specifications, operational criteria, and a recommended design approach with preliminary cost estimates. It is anticipated that this Project Understanding and Approach
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memorandum will establish the basis and consensus for the final design with an emphasis on maintenance requirements and life-cycle costs of the pump station.
y Prepare improvement plans for the pump station, force main, and discharge structures at MID Lateral 6. Improvement plans will be prepared for the “inside the fence” pump station facilities.
Deliverables
y Preliminary Design Memorandum in PDF format
y 30%, 60%, 90%, & 100% drawings in PDF format
y 30%, 60%, 90%, & 100% estimates and quantities in PDF format y Technical specifications TOC in PDF format
y Conformed plans and record drawings in PDF Format
Limitations and Understandings:
y All governmental/regulatory fees to be provided by the City. y It is assumed that building permits will be obtained by the contractor. y It is assumed that all structures will be pre-fabricated and considered deferred submittals for building permit purposes. y It is assumed that environmental planning for the project is complete and that there is no coordination needed for such planning efforts.
y Scope does not include any adjustments to City standard details. y Scope does not include any utility work within the roads. y Scope does not include utility relocation.
y Scope does not include right-of-way or easement acquisition services. y Scope does not include QSP services but can be added at client’s request. y Scope does not include construction management or inspection services. y Scope does not include traffic control plans.
y Scope does not include dust control plans.
y Scope does not include joint trench (dry utility) plans. y Scope does not include off-site utility design or coordination. y Survey deliverables will be based on the NAD83 horizontal datum and the NAVD88 vertical datum using Agency benchmarks. A survey control statement will be provided, including the location, elevation, and description of the benchmark utilized, as well as a horizontal survey coordinate table with the point number, northing, easting, and description for at least three (3) points.
y Obstructed or inaccessible areas may not be mapped.
y Scope does not include mapping of small trees, shrubs, or other minor vegetation. Utility locations will be based off of as-built drawings and information from utility departments and companies. y Scope does not include potholing, subsurface utility research, or locating. y Scope does not include boundary surveying as defined in Section 8726(c) of the Professional Land Surveyors’ Act. y Scope does not include preparation of a Record of Survey map or corner record. y Scope does not include monument preservation as defined and required by Section 8771 of the Professional Land Surveyors’ Act.
y Scope does not include public outreach or correspondence with property owners. y Scope does not include soil management report — soil fertility testing and reports (to be performed by landscape contractor after mass grading has been completed).
y Scope does not include structural engineering.
y Scope does not include environmental approvals and permitting as Environmental Impact Report is posted on City’s website for project.
y Scope assumes that plans will be based on City of Modesto Standard Specifications and Drawings and Caltrans Standard Plans and Specifications.
y This scope does not include revisions to the plans due to site plan changes, and/or significant client requested changes at 60% submittal stage or later, including revisions due to bid results or resulting value engineering efforts.
Organization Chart
The organization chart can be found in the Qualifications of Consultant Staff and Subconsultant Staff section.
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Qualifications of Consultant Staff and Subconsultant Staff Proposal of Services Tivoli Specific Area Storm Basin Design | 11 Qualifications of Consultant Staff &
Subconsultant Staff
Meet the Team!
Westwood Professional Services is honored to lead the design of this transformative project as the Prime Consultant.
Tyler Fay, PLA, a Landscape Architect and Project Manager with deep expertise in community improvement, park master planning, and sports park development, will guide the design with a focus on optimization, funding, and regional impact.
Our team of landscape architects, planners, recreation specialists, designers, ADA experts, grant coordinators, and public outreach professionals will collaborate closely to deliver exceptional results. Together, our team offers unparalleled expertise in park planning across Northern California, ensuring that the Tivoli Specific Area Detention Basin will enhance recreation opportunities, reflect community needs, and promote long-term sustainability.
Chad
Kennedy,
PLA
Tyler Fay,
PLA
Yasmine
Cordova
Scott
Roberts,
PLS
Mike
Persak, PE
Doug
Mutcher,
PE
Jeff M.
Black, PE
Stephen
Plauson,
GE
Role
Principal-inCharge
Project
Manager/
Landscape
Architecture
Lead
Assistant
Project
Manager
Lead
Surveyor Lead Civil Electrical Pump Lead Lead Geotechnical License
Landscape
Architect No.
5426, CA;
LEED AP;
ISA Certified
Landscape
Architect No.
6049, CA
N/A
PLS No.
9235, CA;
FAA Remote
Pilot
Registered
Civil Engineer
No. 44908,
CA
Registered
Electrical
Engineer No.
20135, CA
Registered
Professional
Engineer No.
66645, CA
Registered
Civil Engineer
No. 61926,
CA
Education
MS,
Landscape
Architecture,
Utah State
BS,
Landscape
Architecture,
Ball State
University
BS,
Landscape
Architecture,
UC Davis
BS,
Geomatics
Engineering,
Fresno State
BS, Civil Eng.,
Cal Poly
BS, Electrical
Engineering,
University of
North Dakota
MS, Civil
Engineering,
University of
Utah
BS, Civil
Engineering,
Fresno State
Firm Exp
20 Years
4 Years
5 Years
10 Years
12 Years
12 Years
12 Years
6 Years
Industry
Exp
23 Years
14 Years
5 Years
14 Years
39 Years
25 Years
21 Years
29 Years
Local
Exp
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Qualifications of Consultant Staff and Subconsultant Staff 12 | City of Modesto
EXPERIENCE
23+ Years in the Landscape
Architecture Industry
20+ Years with Westwood
EDUCATION
Master of Landscape
Architecture, Utah State
University
BS, Horticulture, Brigham Young
University
REGISTRATIONS
Landscape Architect No. 5426,
CA
LEEDAP
ISA Certified Arborist
NRPA Certified Playground
Safety Inspector
PROFESSIONAL AFFILIATIONS
American Society of Landscape
Architects: Past Chair, Council of
Professional Practice Networks
California Parks and Recreation
Society
Chad Kennedy, PLA
Principal-in-Charge
Chad is passionate about creating customized community recreation and assessment plans. He has supported communities such as North Highlands, Ceres, Hollister, Stockton, Lathrop, Stanislaus County, and Calaveras County, among others, to develop, refine, and utilize amazing planning documents. In every project he completes, his design is focused on positively impacting the community through innovative, sustainable, and inclusive design principles. He is a pioneer in the field of socially inclusive design and has created inclusive play spaces throughout the world.
TIVOLI WELL LANDSCAPE PLANS: MODESTO, CA
Chad served as Project Manager for this project, which included complete landscape improvement plans, technical specifications, and construction phase services for the Tivoli well site in Modesto, CA, located at Sylvan Avenue and Litt Road. Plans submitted to the City included project information, water efficient landscape worksheet with hydrozone tables and water budget calculations, soil management chart, irrigation design plans, planting design plans, construction details, and cost opinion.
NEEL PARK DUAL-USE BASIN: CERES, CA
Westwood provided visioning documents through construction documentation for this neighborhood stormwater retention basin dual-use municipal park in the City of Ceres. The park included the addition of a large playground area with multiple play structures, picnic facilities, a basketball court, outdoor exercise equipment, additional grass open space, shade structures, site lighting, a .6-acre fenced off-leash dog park, and a parking lot with ADA accessible parking stalls and pathways. Westwood assisted the City with preparing materials for grant applications. Following award of grant monies, the Westwood team developed construction documentation and assisted the City with bidding and construction management. Chad served as Principal-in-Charge.
MARY E. GROGAN PARK PHASE 2: MODESTO, CA
Mary E. Grogan Park is a 43-acre master planned community park in northeast Modesto.
Phase 2 is a 17-acre continuation of the updated master plan for the park. The project includes rough grading and stormwater pollution prevention; ADA concrete pathways; a multi-use open turf area of additional soccer fields, cricket, and team sports; a playground; picnic pavilions with picnic tables and group BBQs; a pre-fabricated restroom; security lighting and cameras; landscape and irrigation for drainage swales; an automatic irrigation system with central control; utility connections; drinking fountains; site furnishings and signage; entry signage and plaza; flag and flag poles; and parking lot improvements. Chad is serving as Principal-in-Charge.
CÉSAR E. CHAVEZ PARK: MODESTO, CA
César E. Chavez Park is a 6.25-acre City-owned park located in the heart of a diverse urban community in West Modesto. The park renovation includes an aquatic center, a building expansion, a skate plaza, sports fields, basketball courts, playgrounds, a picnic pavilion, and outdoor fitness station areas. Chad is serving as Principal-in-Charge.
VALLEY CHILDREN’S HOSPITAL PARK: MADERA, CA
Chad served as Principal-in-Charge for this project, which included utilizing an existing master plan to develop this recreation space. It included a complete amphitheater with stage, concrete pathways, a multi-use sports field, site lighting, upgraded parking, an automatic irrigation system with central control, utility connections, drinking fountains, site furnishings, and signage.
ADDITIONAL EXPERIENCE
y The Awesome Spot Socially Inclusive
Playground: Modesto, CA
y Centennial Park: Madera, CA
y South Tower Park: Fresno, CA
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Qualifications of Consultant Staff and Subconsultant Staff Proposal of Services Tivoli Specific Area Storm Basin Design | 13
EXPERIENCE
14+ Years in the Landscape
Architecture Industry
4+ Years with Westwood
EDUCATION
BS, Landscape Architecture, Ball
State University
REGISTRATION
Landscape Architect No. 6049,
CA
Tyler Fay, PLA
Project Manager/Landscape Architecture Lead
Tyler is passionate about creating spaces that provide recreational opportunities to deserving communities. He has supported parks throughout Northern California, many of which have included dual-use basins, trails, sports fields, picnic areas, open spaces for community events, irrigation, and landscape improvements. He has supported park projects for Modesto, Manteca, Fresno, Merced, Ceres, Avenal, and more.
DUAL-USE BASIN PARKS: MANTECA, CA
Tyler served as Project Manager for seven dual-use basin parks in the City of Manteca.
He supported the projects from conceptual plans to construction documents for these new basin neighborhood parks. Amenities included sports courts/fields, walking trails, playgrounds, picnic areas, and exercise stations.
MARY E. GROGAN PARK PHASE 2: MODESTO, CA
Mary E. Grogan Park is a 43-acre master planned community park in northeast Modesto.
Phase 2 is a 17-acre continuation of the updated master plan for the park. The project includes rough grading and stormwater pollution prevention; ADA concrete pathways; a multi-use open turf area of additional soccer fields, cricket, and team sports; a playground; picnic pavilions with picnic tables and group BBQs; a pre-fabricated restroom; security lighting and cameras; landscape and irrigation for drainage swales; an automatic irrigation system with central control; utility connections; drinking fountains; site furnishings and signage; entry signage and plaza; flag and flag poles; and parking lot improvements. Chad is serving as Landscape Architect.
THE AWESOME SPOT PLAYGROUND: MODESTO, CA
The Awesome Spot Socially Inclusive Playground brings research based sensory integration, technologically advanced, socially inclusive, and physically accessible play to the heart of California’s Central Valley. This playground exceeds standard “accessible” play. In addition to exceeding ADA standards, it serves as an opportunity for community members of all ages and all abilities (physical, sensory, or cognitive) to play and interact easily and effectively. The Westwood team performed the site topographic investigation, designed the play space, created the sponsorship packet, was involved in fundraising efforts, maintains the website, managed the funding, and has run every public outreach meeting for this project all on a pro-bono basis. Tyler served as Landscape Architect.
BRIDGING HORIZONS INCLUSIVE PARK (PROP 68): VISALIA, CA Westwood is currently supporting the City of Visalia with the development of Bridging Horizons Inclusive Park. Funded by the Prop 68 program, this park project will improve the open space acreage to population ratio and provide local residents with additional access to both open space and recreational amenities. The playground and pedestrian circulation system is designed to be inclusive for all community members, with no limitations regarding accessibility. The park’s Sequoia Grove playground, River Bottom Water Play Zone, sensory wall, and lawns provide extensive spinning, sliding, rocking, sensory engagement, and respite opportunities for people of all abilities and ages.
The park will also provide substantial shade and green areas, and a community stage.
Westwood previously supported the City of Visalia with their Prop 68 grant application including the park master plan, community outreach, and cost estimating. Tyler is serving as Assistant Project Manager.
ADDITIONAL EXPERIENCE
y Community Park 42: Merced, CA
y South Tower Park: Fresno, CA
y San Pablo Park: Fresno, CA
y Ted C. Willis Park: Fresno, CA
y Cannery Park: Stockton, CA
y Riverway Park: Visalia, CA
y Patterson Sports Complex: Patterson,
CA
y Islanders Field: Lathrop, CA
y Champions Field: Lathrop, CA
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Qualifications of Consultant Staff and Subconsultant Staff 14 | City of Modesto
EXPERIENCE
5+ Years in the Landscape
Architecture Industry
5+ Years with Westwood
EDUCATION
BS, Landscape Architecture,
University of California, Davis
Yasmine Cordova
Assistant Project Manager
Yasmine is dedicated to creating fun, intriguing, and interactive play spaces for all to enjoy. She has supported the outreach and design of inclusive play spaces and parks. Her park experience includes features such as trails, sports fields, picnic areas, open spaces for community events, irrigation, and landscape improvements, lighting, and more.
EMPOWERMENT PARK: SACRAMENTO, CA
Yasmine is serving as Landscape Designer. Westwood provided Prop 68 Grant assistance to the Sacramento Parks Foundation in 2019. The Westwood team developed a master plan, an outreach program (Placemaking through Play) to maximize grant points, and the actual grant package submitted to the State of California. The project was awarded $6.28M in Prop 68 funds, and the Westwood team is currently providing design and construction services for the park.
COMMUNITY PARK 42: MERCED, CA
The Westwood team is supporting this ARPA-funded park in Merced, CA. Phase 1 will proceed through bid documents and includes two natural turf athletic fields, on-site parking, a concession building, sports courts, walking paths, site furnishings, a stormwater basin, and park landscaping. Yasmine is serving as Landscape Designer.
SMYRNA PARK: CERES, CA
The Westwood team led this project, which included the renovation of existing walkways, ramps and ingress routed for ADA compliance, renovation of sanitary sewer lines, and the addition of an approximately 520 s.f. restroom. The restroom is a pre-engineered building built to withstand vandals but maintain aesthetic appeal. The structure is constructed from entirely non-flammable materials and is fully equipped with secure plumbing, vandal resistant stainless steel fixtures, industrial strength doors, metal trusses, concrete siding, a rock facade, and electrical lighting. Yasmine served as Landscape Designer.
PLAY STRUCTURE IMPROVEMENTS (12): FRESNO, CA
The Westwood team is renovating 12 parks for the City of Fresno concurrently.
Improvements include ADA accessibility, replacing or repairing play equipment, and adding new amenities such as splash pads, exercise equipment, shade structures, benches, fencing, and concrete. Westwood is providing civil engineering, landscape architecture, and land surveying to support these renovations. For each of the 12 playgrounds, a slope study was created. These heat maps highlight out of compliance sections of pathways that need improvement through color mapping imagery. Yasmine is serving as Landscape Designer.
MILBURN OVERLOOK: FRESNO, CA
Westwood is currently supporting the City of Fresno with the reconstruction of the existing Milburn Overlook. The scope includes the removal of the existing parking lot, concrete drive approach, removal of unhealthy trees, and removal of existing trellis.
New trellis, binoculars, benches, picnic tables, site lighting, fencing, accessible paths of travel, landscaping, and irrigation will be designed. The Westwood team is providing environmental compliance, public outreach, schematic design, design development, construction documentation, permitting, bidding support, and construction support.
Yasmine is serving as Landscape Designer.
ADDITIONAL EXPERIENCE
y Eastside Community Park: Kerman,
CA
y Northeast Neighborhood Park:
Turlock, CA
y River Islands High School Football
Field: Lathrop, CA
y Youth Baseball Complex: Patterson,
CA
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Qualifications of Consultant Staff and Subconsultant Staff Proposal of Services Tivoli Specific Area Storm Basin Design | 15
EXPERIENCE
14+ Years in the Land Surveying
Industry
10+ Years with Westwood
EDUCATION
BS, Geomatics Engineering,
Fresno State University
REGISTRATIONS
Land Surveyor No. 9235, CA
sUAS Remote Pilot
Scott Roberts, PLS
Land Surveying Manager
Scott brings extensive land surveying experience in health care, master planning, and largescale development projects, with a strong background in both public and private sector work. Scott’s technical proficiency includes AutoCAD Civil 3D, Trimble GNSS & Robotic TS, Trimble Business Center, Trimble RealWorks, and Terrestrial LiDAR, allowing him to execute precise topographic and boundary surveys, underground utility locating, construction staking, and GIS mapping.
TIVOLI NEIGHBORHOOD MASTER PLAN: MODESTO, CA
This 454-acre master plan village area is located in the northeastern region of the City of Modesto. This project has a Specific Plan that was approved in 2008 and updated in 2016. Scott has provided technical survey oversight of multiple private development projects and a sewer trunk project in the Tivoli specific plan area, including design level topographic survey base mapping and boundary resolution to support the engineering design of backbone infrastructure, grading, and subdivision design from feasibility through construction, as well as subdivision mapping, support for easement dedications, and construction staking. Work for all projects was coordinated so that they shared a common reference frame and control network that was tied to the City of Modesto horizontal and vertical control systems, making for the seamless expansion and integration of other public and private datasets.
VALLEY CHILDREN’S HOSPITAL PARK: MADERA, CA
Scott served as Project Surveyor for this project, which included utilizing an existing master plan to develop this recreation space. It included a complete amphitheater with stage, concrete pathways, a multi-use sports field, site lighting, upgraded parking, an automatic irrigation system with central control, utility connections, drinking fountains, site furnishings, and signage.
THE AWESOME SPOT PLAYGROUND: MODESTO, CA
The Awesome Spot Socially Inclusive Playground brings research based sensory integration, technologically advanced, socially inclusive, and physically accessible play to the heart of California’s Central Valley. This playground exceeds standard “accessible” play. In addition to exceeding ADA standards, it serves as an opportunity for community members of all ages and all abilities (physical, sensory, or cognitive) to play and interact easily and effectively. The Westwood team performed the site topographic investigation, designed the play space, created the sponsorship packet, was involved in fundraising efforts, maintains the website, managed the funding, and has run every public outreach meeting for this project all on a pro-bono basis. Scott served as Project Surveyor.
NEEL PARK PLAYGROUND: CERES, CA
Westwood was involved from early concept and visioning through construction administration and playground safety inspections on this neighborhood park. Scott supported the design and completed constructions inspections. The project included a large playground area with multiple play structures, picnic facilities, a basketball court, outdoor exercise equipment, open turf play space, shade structures, site lighting, a dog park, pathways, and parking. The playground and additional amenities were thoughtfully prepared with socially inclusive principals as a core design strategy. Scott served as Project Surveyor.
ADDITIONAL EXPERIENCE
y Bridging Horizons Inclusive Park: Visalia,
CA
y Earlimart Neighborhood Park: Earlimart,
CA
y Hoover Park: Redwood City, CA
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Qualifications of Consultant Staff and Subconsultant Staff 16 | City of Modesto
EXPERIENCE
39+ Years in the Civil
Engineering Industry
12+ Years with Westwood
EDUCATION
BS, Civil Engineering, California
Polytechnic State University,
San Luis Obispo
REGISTRATIONS
Civil Engineer No. 44908, CA
QSD/QSP No. 23311, CA
Mike Persak, PE
Lead Civil Engineer
Mike brings extensive experience in civil engineering design, infrastructure master planning, and project management, making him a valuable asset to this project. His expertise spans grading, street improvements, utilities design, cost estimating, and permit acquisition.
With a strong track record in Modesto, Mike has played a key role in numerous local infrastructure and improvement projects, providing engineering solutions for roadways, utilities, site development, and public facilities.
TIVOLI NEIGHBORHOOD MASTER PLAN: MODESTO, CA
This 454-acre master plan village area is located in the northeastern region of the City of Modesto. This project has a Specific Plan that was approved in 2008 and updated in 2016. The project includes various density residential areas, commercial parcels, professional office space, and public uses (parks and open space). Work included detailed planning, as well as infrastructure analysis. Westwood’s is currently working on six developments within Tivoli, totaling approximately 257 acres. We have also designed the Sonoma Sewer Trunk, Phases 3 and 4a for the City, which runs through the project area, and are about to start the design of the Phase 4b portion of the sewer trunk. Our responsibilities included: land planning, infrastructure concept development, boundary and topographic survey, infrastructure master planning, interim storm basin design, civil engineering design, landscape architecture design, joint trench (dry utilities) design, and interface with existing infrastructure. Mike served as project manager for the six developments within Tivoli, as well as the Sonoma Sewer Trunk.
CÉSAR E. CHAVEZ PARK: MODESTO, CA
César E. Chavez Park is a 6.25-acre City-owned park located in the heart of a diverse urban community in West Modesto. The park renovation includes an aquatic center, a building expansion, a skate plaza, sports fields, basketball courts, playgrounds, a picnic pavilion, and outdoor fitness station areas. Mike is serving as Civil Project Manager.
NEEL PARK DOG PARK: CERES, CA
Mike served as Lead Civil Engineer for the master plan and construction documentation for Neel Park, which included a dog park, in the City of Ceres. The plan included development of an inclusive playground and active recreation components on one-half of the park, and a .6-acre off-leash dog park including separate fenced areas for large and small dogs, shade, seating, and a small parking lot with ADA accessible parking and paths on the other half of the park.
EQUINOA PARK: STOCKTON, CA
Mike served as Project Manager/Engineer for this 10-acre project in Stockton, CA.
The project included a tennis court, basketball court, baseball field, tot lot, walkways, lighting, and a water booster pump station. Responsibilities included site grading design, utilities design, and coordination with the landscape architect, City, and developer.
ADDITIONAL EXPERIENCE
y Amtrak Station North Parking Lot:
Modesto, CA
y Northeast Corporation Yard: Modesto,
CA
y County Corporation Yard Security
Wall: Modesto, CA
y Sparkles Auto & Pet Wash: Modesto, CA
y Kiernan Business Park: Modesto, CA
y Sports Park: Patterson, CA
y Skate Park: Patterson, CA
y Dog Park: Patterson, CA
y Strengthen & Replace Water System
Highway Village: Modesto, CA
y Ladd Road and St. John Road Intersection
Safety Improvement: Modesto, CA
y Crows Landing/Whitmore Water Main
Extension: Ceres, CA
y Sutter Trunk Rehabilitation: Modesto, CA
y Downtown Master Plan: Modesto, CA
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Qualifications of Consultant Staff and Subconsultant Staff Proposal of Services Tivoli Specific Area Storm Basin Design | 17
EXPERIENCE
35+ Years in the Electrical
Engineering Industry
12+ Years with Westwood
EDUCATION
BS, Electrical Engineering,
University of North Dakota
REGISTRATION
Professional Electrical Engineer,
No. 20135, CA
Doug Mutcher, EE
Electrical Engineer
Doug brings extensive electrical engineering expertise to improvement projects, including parks. His diverse background spans multiple industries, such as renewable energy generation, EV charging infrastructure, transportation, campus environments, industrial and commercial facilities, educational institutions, corporate settings, data centers, medical facilities, retail spaces, and manufacturing plants. This wide-ranging experience allows him to deliver innovative and reliable electrical solutions tailored to the unique needs of each project.
CONFIDENTIAL EV FLEET CHARGING FACILITY: CALIFORNIA
Westwood provided the preliminary development design for a large-scale EV charging facility in California with solar canopies and backup generators. Doug served as Lead Electrical Engineer.
PARKS, RECREATION & OPEN SPACE MASTER PLAN: WILLOW PARK, TX The City of Willow Park never had a Parks, Trails, Recreation and Open Space Master Plan. The Westwood team collaborated with City staff in the master planning process at three primary levels: master planning at a parks system-wide level, concept site planning for trails, parks and recreational opportunities, and general evaluation of operational/ maintenance planning. The project included forming a steering committee as the foundation of engaging stakeholders and guiding the framework of the master plan.
The group was comprised of diverse members which included elected and appointed members of City Council, as well as boards and commissions of the city. A city-wide survey of the citizens was preformed to integrate their thoughts and opinions into the master plan. The steering committee also extensively participated in discussions and supplemented our findings with important input during the planning process. Doug served as Lead Electrical Engineer.
RE TRANQUILITY AND TRANQUILITY 8 SOLAR PROJECTS: FRESNO COUNTY, CA Final design for (2) 200MWac linear axis tracking photovoltaic solar plant in Fresno County, CA. Project responsibilities included PV plant layout utilizing multiple wattage PV modules, PVsyst production modeling used for project performance guarantees, medium voltage underground collection design coordinated with project Substation Engineer, BOS equipment specification, electrical engineering, coordination of security/tracker/ monitoring systems, and production verification. Doug served as Lead Electrical Engineer.
BEAUMONT ENERGY STORAGE PROJECT: CALIFORNIA
Engineer of Record final design for a 100MWac / 457MWh AC coupled energy storage facility located in Riverside County, CA. At Beginning of Life, the BESS facility features (124) 4-hour battery containers and (31) PCS enclosures. The design accounted for augmentation to allow for a future addition of (32) 4-hour battery containers and (8) PCS enclosures. Project services include project management, electrical engineering design, and construction support services. The design services included scopes, i.e., MVac collection, auxiliary power, LV DC, and grounding. Doug served as Lead Electrical Engineer.
ADDITIONAL EXPERIENCE
y Sanborn-Edwards Solar + Energy
Storage Project: California
y Canyon Country Energy Storage
Project: California
y LAX Airport Rental Car Facility: Los
Angeles, CA
y Wurzbach Parkway and Traffic
Support: San Antonio, TX
y ATW Microgrid Projects: Appleton,
WI
y Ables Springs Solar + Energy Storage
Project: Texas
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Qualifications of Consultant Staff and Subconsultant Staff 18 | City of Modesto
EXPERIENCE
21+ Years in the Industry
12+ Years with Black Water
EDUCATION
MS, Civil Engineering, University
of Utah
BS, Civil/Environmental
REGISTRATIONS
Registered Professional
Engineer No. 66645, CA
Registered Professional
Engineer No. 136672, TX
AFFILIATIONS
Water Environment Federation
(WEF)
California Water Environment
Association (CWEA)
American Society of Civil
Engineers (ASCE)
Jeff M. Black, PE
Pump Lead
Jeff Black has over 30 years of experience in public water and wastewater systems.
Jeff’s thorough understanding of the construction and operation of hydraulic systems is a valuable benefit to his clients and the operators of these facilities. Throughout his career, he has actively participated in planning, design, permitting, and construction oversight of various public and private water, wastewater, and water resources projects, pipe lines, pump stations, and treatment works. He is proficient in all aspects of project management, design, water and wastewater engineering, and system modeling.
INDUSTRIAL TANK 13 AND BOOSTER PUMPING STATION: MODESTO, CA Project Manager for the preliminary and final design of a 4.0-mg pre-stressed concrete reservoir and 12-mgd booster pumping station. The preliminary design included a life-cycle cost analysis of various tank materials and construction methods. The facility includes a pump station control building, piping and connections to the City distribution system, disinfection equipment, surge control, and standby power facilities.
COLORADO WATER MAIN PROJECT: CITY OF MODESTO, CA
Project Manager. Provided engineering, design, bid assistance, and engineering services during construction for a new water main line in Colorado Avenue. The water main provides water service to the lots fronting Colorado Avenue and connects to existing water mains along the alignment.
GALAS WATER IMPROVEMENTS: MODESTO, CA
Engineering design and specifications for a new domestic well, a 2.5-mgd water booster station, and 1.4 mg of water storage to serve the City of Modesto. Design included site work, pump station, reservoirs, disinfection system, and appurtenant piping and site work for connection to a treatment system for the removal of nitrates and manganese.
SMYRNA WELL AND PUMP STATION PROJECT: CERES, CA
Project Manager responsible for the design of a new well site and pumping station.
The project involved extensive coordination with the City staff, hydro geologist, and engineering team to provide a site assessment, test well, production well, and site design. The ultimate design included two wells each capable of producing 1,000 gpm.
Other improvements included chlorination facilities, site piping to allow the isolation and blending of each well, standby power, and integration with the City’s SCADA system.
CERES RIVER BLUFF RESERVOIR AND PUMPING FACILITY: CITY OF CERES, CA Project Manager. This project includes civil design modifications for an existing City well, connections to the future surface water delivery and distribution systems, design of pumping facilities, and a new water storage tank.
LAUREL AVENUE BOOSTER PUMP STATION, TWAIN HARTE COMMUNITY SERVICES DISTRICT: TWAIN HARTE, CA
Project Manager. Conducted a detail inspection to determine the most effective option to provide adequate domestic water pressure and flow to the residents of Cedar Pine Avenue.
ADDITIONAL EXPERIENCE
y OID Parks Irrigation Project: City of
Oakdale, CA
y Reynolds Ranch Water Storage Tank
Project: City of Lodi, CA
y Well #14: City of Patterson, CA
y Thornton Water System and Storage
Facility Project, San Joaquin County:
Thornton, CA
y Meadow Well Pumping Plant & Main
Extension, Twain Harte Community
Services District: Twain Harte, CA
y Water Distribution and Storage
System: Diablo Grande, CA
y Cedar Pines Tank and Booster
Pumping Station: Twain Harte, CA
y On-Call Water Analyses: Tracy, CA
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Qualifications of Consultant Staff and Subconsultant Staff Proposal of Services Tivoli Specific Area Storm Basin Design | 19
EXPERIENCE
29+ Years in the Geotechnical
Engineering Industry
6+ Years with Kleinfelder
EDUCATION
BS, Civil Engineering, Fresno
State University
REGISTRATIONS
Registered Civil Engineer No.
61926, CA
Registered Geotechnical
Engineer No. 2731, CA
Stephen Plauson, PE, GE
Lead Geotechnical Engineer
Stephen’s project experience includes highways, bridges, flexible and rigid pavements, commercial and industrial developments, schools and hospitals, pipelines, tanks, treatment facilities, power facilities, and forensic studies. He is responsible for managing and conducting geotechnical investigations including site reconnaissance, field classification of soils, sampling, design and report preparation, and review. He performs field inspections and testing, data analysis, laboratory testing, and construction special inspections.
MCNAMARA PARK: MERCED, CA
Stephen served as Principal Geotechnical Engineer for this project involving a new park facility. The improvements included two artificial turf soccer fields, one natural turf soccer field, field lighting, a new restroom, a playground, splash pad, relocation of an existing memorial, and a new raised pavilion. Project challenges included expansive soils and potential heaving of the synthetic fields due to increased moisture in the subgrade below synthetic turf due to interruption of natural vapor transmission.
Kleinfelder provided a geotechnical investigation report to support the design of the park improvements, synthetic fields, and associated site improvements.
TRUNK SEWER AND PRINCE ROAD SEWER LINE PROJECT: NEWMAN, CA Stephen served as Project Manager and Lead Geotechnical Engineer for the preparation of a Geotechnical Investigation Report for the design of approximately 2 miles of new 36-inch diameter trunk sewer line and 2,100 lineal feet of new 12-inch diameter sewer line.
FRIANT KERN CANAL TURNOUT STRUCTURE & PUMPING PLANT: KERN COUNTY, CA
Stephen served as the Project Manager and Lead Geotechnical Engineer for the preparation of a Geotechnical Investigation Report for the design of new turnout structure and pumping plant for Cawelo Water District. The improvements included a reinforced concrete turn out, 60-inch diameter pipeline, and connection to the pump station wet well and pump structure. Recommendations were provided for temporary excavations including soil type and shoring.
WATER TRANSMISSION LINE PROJECT: WINTON, CA
Stephen served as the Project Manager and Lead Geotechnical Engineer for the preparation of a Geotechnical Investigation Report for the design of approximately 16,000 lineal feet of new 18-inch diameter PVC water line. The design included recommendations for jack and bore crossings at four (4) canals with comments on trench stability, temporary slopes, shoring parameters, thrust blocks, and friction along the pipe.
YETTEM-SEVILLE WATER SYSTEM IMPROVEMENTS: TULARE COUNTY, CA Stephen served as the Project Manager and Lead Geotechnical Engineer for the preparation of a Geotechnical Investigation Report for the design of an approximately
1.7-mile-long interconnection water pipeline between the Yettem and Seville communities. The project was necessary to solve water deficiencies by sharing resources between the communities. Additionally, the project included well site improvements involving transformer, electrical panel, and stand-by generator. Water system improvements also included a new 200,000-gallon water storage tank supported on a reinforced concrete ringwall footing.
ADDITIONAL EXPERIENCE
y Lacey Boulevard Widening/
Realignment and Roundabout at SR
43: Hanford, CA
y Martin Ray Reilly Park: Fresno, CA
y East Side Regional Park: Visalia, CA
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Qualifications of Consultant Staff and Subconsultant Staff 20 | City of Modesto
Tyler Fay, PLA
(Project Manager/Lead
Landscape Architect)
Organizational Chart
Assistant Project Manager
Yasmine Cordova
City of
Modesto
Chad Kennedy,
PLA
(Principalin-Charge)
Land Surveying
Scott Roberts, PLS (Lead)
Additional Internal
Services
California Westwood Resources
National Westwood Resources
Subconsultants
Subconsultants
Electrical
Doug Mutcher, EE
Geotechnical
Stephen Plauson, PE (Kleinfelder)
Pump Lead
Jeff M. Black, PE (Black Water)
Civil Engineering
Mike Persak, PE (Lead)
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Qualifications of Consultant Staff and Subconsultant Staff Proposal of Services Tivoli Specific Area Storm Basin Design | 21 Team Introduction
We are proud to partner with the trusted team shown below to ensure every aspect of this planning effort is carefully considered. Each identified subconsultant had deep ties to the Westwood team, a passion for community improvement projects, and the availability and responsiveness needed to support this project in a timely manner. We will work together as a cohesive team led by Tyler Fay to design the best plans possible for the Tivoli Specific Area Storm Basin.
Westwood
Professional Services Kleinfelder Black Water
Role
Prime Consultant Subconsultant Subconsultant
Services
Provided
Landscape Architecture,
Land Surveying, Civil
Engineering, Electrical
Engineering
Geotechnical Engineering Pump
Location
Modesto Fresno Modesto
Number of
Staff
1,900+
Team Members
47 Geotechnical/Geology
Professionals
20 Team Members
Firm
Experience
52 Years
60 Years
13 Years
Modesto
Experience
Westwood Project
Experience
N/A
Fresno Dickey Park, Ceres
Moffett Road Rehabilitation,
Visalia Riverway Sports
Park, HSIP Cycle 11 Hanford,
Stockton Cannery Park,
Modesto Sutter Trunk
Rehabilitation, Modesto
Tivoli Storm, Modesto SR132
West Freeway, Fresno E Street
Complete Streets
Ceres Lift Station Modification,
Stevinson Hagaman Park
Restrooms, River Islands in
Lathrop
Percentage of
Fee
55% 8% 37%
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Experience of Firm
Proposal of Services Tivoli Specific Area Storm Basin Design | 23 Experience of Firm
We Love Recreation!
Established in 1972, Westwood is a full service, multi-discipline professional design firm providing services to public and private clients. With over 1,900 staff located across the United States and registrations in most states, Westwood is recognized as one of the top design and engineering firms in the country. Westwood provides quality professional landscape architecture, planning, public outreach, civil engineering, structural engineering, traffic engineering, electrical engineering, land surveying, roundabout design, and environmental planning services to support public improvement projects. In 2024, O’Dell Engineering merged with Westwood Professional Services.
O’Dell had provided public improvement services in California since 1994, including landscape architecture, civil engineering, and land surveying. The Westwood California team currently employs over 95 professionals with offices in Fresno, Merced, Modesto, and Pleasanton.
We support California districts, agencies, and communities with park planning and design services, including system-wide parks master plans, public outreach, inclusive play, and much more! Our Purpose Is Play!
Westwood is passionate about creating recreational amenities that make a difference in the lives of our community members. We partner with public agencies to deliver amazing landscape design and landscape consulting services, including parks, playgrounds, dog parks, trails, athletic fields, aquatics facilities, skate parks, streetscapes, and more. We support public agencies with planning, design, engineering, surveying, and drafting. Our projects range from concepts to construction administration. We support new infrastructure, upgrades, and aesthetic improvements. We also provide plan review services, arborist reviews, and landscape inspection on a regular basis.
A New Take on Public Outreach
We’ve all seen it: boring community outreach that results in less than ideal results. Our team understands how absolutely critical outreach is, especially in park renovations and additions. We create customized outreach approaches that guarantee results. Our fun and innovative approach to outreach gets all different types of community members to contribute in ways that feel comfortable to them. With methods such as online polling, social media interaction, interactive events (indoor and outdoor), and much more, we aim to make our public outreach as fun and interactive as possible. We believe this leads to more authentic responses, a deeper and more thoughtful evaluation of public perspectives, and designs that best represent the community’s desires.
Meet Our
California Team!
30 Number of
Years
in California
Type of Organization
Corporation
8,000+
Acres of Master
Planned Parks
Space
95+ Total California
Staff
9 Licensed
Landscape
Architects
9 Licensed
Land
Surveyors
9 Licensed
Civil
Engineers
6 Certified
QSDs/
QSPs
3 Certified
Playground
Safety
Inspectors
2 ISA
Certified
Arborists
7 LEED
Accredited
Professionals
1 Qualified
Water
Efficient
Landscaper
1 ReScape
Qualified
Professional
800+
Acres of
Designed Parks
Space
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Experience of Firm
24 | City of Modesto
Tivoli Neighborhood Master Plan
Modesto, CA
y Civil Engineering
y Landscape Architecture
y Joint Trench (Dry Utilities)
Design
y Land Planning
y Infrastructure Concept
Development
y Boundary & Topographic Survey
y Infrastructure Master Planning
y Interim Storm Basin Design
y Interface with Existing
Infrastructure
y 454-acre Master Plan Village
Area
y Residential Areas
y Commercial Parcels
y Professional Office Space
y Parks and Open Spaces
Project Features
y Status: Current Project
y Cost: $1,013,623
y Key Staff Involved: Mike Persak,
Scott Roberts
Project Details
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Experience of Firm
Proposal of Services Tivoli Specific Area Storm Basin Design | 25 Mary E. Grogan Park Phase 2
Modesto, CA
y Civil Engineering
y Landscape Architecture
y Land Surveying
y 43-Acre Master Planned
Community Park
y 17-Acre Phase 2 Continuation
y Master Planned Space
y Grading & Drainage
y ADA Pathways
y Plazas
y Multi-Use Open Turf Area of
Additional Soccer Fields
y Cricket
y Team Sports
y Playground
y Picnic Pavilion
y Restroom
y Security Lighting/Cameras
y Drainage Swales
y Automatic Irrigation System
with Central Control
y Drinking Fountains
y Site Furnishings/Signage
y Entry Signage/Plaza
y Flag/Flag Poles
y Parking Lot Improvements
y Master Planning
y Design Development
y Construction Documentation
y Construction Support Services
Project Features
y Status: Under Construction
y Cost: $211,603
y Key Staff Involved: Chad
Kennedy, Tyler Fay, Yasmine
Cordova, Scott Roberts, Mike
Persak
Project Details
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Experience of Firm
26 | City of Modesto
César E. Chavez Park
Modesto, CA
y Civil Engineering
y Landscape Architecture
y Land Surveying
y 6.25 Acres
y Park Renovation
y Low-Income/Underserved
Community
y Crime Prevention
y Aquatic Center
y Community Center Expansion
y Skate Plaza
y Sports Fields
y Basketball Courts
y Playgrounds
y Picnic Pavilion
y Outdoor Fitness Stations
y Landscape Design
y Irrigation Design
y Lighting
y Grading & Drainage
y Refined Master Plan
y Design Development
y Construction Documentation
y Construction Support Services
Project Features
y Status: Under Construction
y Cost: $800,801
y Key Staff Involved: Chad
Kennedy, Tyler Fay, Yasmine
Cordova, Scott Roberts, Mike
Persak
Project Details
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Experience of Firm
Proposal of Services Tivoli Specific Area Storm Basin Design | 27 Valley Children’s Hospital Park
Madera, CA
y Shade Structures
y Amphitheater/Stage
y Open Play
y Field Play
y Walking Path
y Lighting
y Grading & Drainage
y Design Development
y Construction Documentation
y Construction Support Services
y Electrical Engineering
Project Features
y Status: Constructed
y Cost: $1M
y Key Staff Involved: Chad
Kennedy, Tyler Fay, Yasmine
Cordova, Scott Roberts
Project Details
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Experience of Firm
28 | City of Modesto
City of Fresno
[email protected]
559.621.5300
Nathan Sanchez, Projects Administrator
Sacramento Parks Foundation
[email protected]
916.927.3802
Mike Grace, Executive Director
City of Modesto
[email protected]
209.571.5526
Nathan Houx, Parks Planning & Devel.
City of Stockton
[email protected]
Victor Machado, Program Specialist
City of Los Banos
[email protected]
209.827.7034
Joe Heim, Parks & Operations Manager
Livermore Area Recreation and Park District
925.373.5711
Fred Halderman, Parks & Facilities
City of Tracy
[email protected]
209.456.8615
Michael Rosales, Landscape Architect
Cordova Recreation and Park District
[email protected]
916.842.3300 ext. 3319
Laura Taylor, Park Planning & Devel. Mgr.
City of Tracy
[email protected]
209.831.6235
Richard Joaquin, Park Planning & Devel. Mgr.
City of Ceres
[email protected]
209.538.5617
Samir (Sam) Royal, Associate Engineer
References
The following references have worked closely with the Westwood team in projects similar to this one. These professionals have extensive experience collaborating with our identified key staff, including Tyler Fay, to ensure effective coordination and successful project outcomes.
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westwoodps.com
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CITY OF MODESTO
COUNCIL AGENDA REPORT
DATE OF MEETING:
August 26, 2025
Date: August 5th, 2025
TO: Mayor and City Council
THROUGH: Joseph P. Lopez, City Manager
FROM: Jessica Hill, Director of Community and Economic Development SUBJECT: Downtown Revitalization Engineering Agreement Amendment CONTACT: Eric Bonander, Business Analyst, [email protected], 209-577-5255
DESCRIPTION:
Consider approving the First Amendment for the Engineering Design Agreement with Westwood Professional Services, Inc. for the design of the Downtown Revitalization Project increasing the Agreement amount by $191,017 to a new total amount not to exceed $385,332. (Funding Source: California Department of Transportation Clean California Grant).
STRATEGIC PLAN ELEMENT:
The recommended action supports the City’s 2025-2026 Strategic Plan Area of Focus: Quality of Life, Goal B: Enhance pride in Modesto’s diverse neighborhoods and business districts by actively addressing blight and ensuring that community assets and amenities are wellmaintained and preserved”.
BACKGROUND:
In 2019, the City of Modesto conducted citywide community surveys which identified blight as one of the most pressing issues for residents. On December 10, 2019, Council approved by Resolution 2019-555 the 2020-2025 Blight Abatement Strategy, developed through collaborations with community members, local partnerships, other agencies, and internal City departments. The strategy outlines initiatives for blight abatement on public and private property, encourages public and private partnerships, and further action to minimize and mitigate blight. The Blight Abatement Strategy was updated on July 22, 2025, by Resolution 2025-258.
The Department of Transportation (CalTrans) Clean California Local Grant Program1 is a competitive statewide fund created to enhance communities and improve spaces for public use, including beautification and cleaning of local streets, roads, tribal lands, parks, pathways, transit centers and other public spaces. The Program is part of the nearly $1.1 billion Clean California 1 Clean California Local Grant Program webpage: https://cleancalifornia.dot.ca.gov/local-grant-program #5..
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City Council, August 26, 2025
Downtown Revitalization Engineering Agreement Change Orders
initiative and approximately $100 million is allocated for local communities as part of the Program Cycle 2 announced in 2022.
The Program aims to achieve the following goals:
Reduce the amount of waste and debris within public rights-of-way, pathways, parks, transit centers, and other public spaces.
Enhance, rehabilitate, restore, or install measures to beautify and improve public spaces and mitigate the urban heat island effect.
Enhance public health, cultural connections, and community placemaking by improving public spaces for walking and recreation; and
Advance equity for underserved communities.
On February 14, 2023, by Resolution No. 2023-058, Council authorized the submittal of application(s) to the Department of Transportation (CalTrans) Clean California Local Grant Program. The City of Modesto applied for the Program Cycle 2 grant with a project titled Downtown Revitalization that addresses blight concerns and revitalization efforts in Downtown Modesto. On November 7, 2023, CalTrans notified the City of their plans to issue an award of $3,129,000 in grant funds for this project. Following this notification, the City Council formally accepted the award on February 27, 2024, by Resolution No. 2024-078. The Program operates as a reimbursement and the grant project period ranges from September 15, 2023, through June 30, 2026.
The CalTrans grant will fund the Downtown Revitalization project which is primarily focused on the area known locally as Mural Alley located near the intersections of J street and 10 street in Downtown Modesto. The project proposes to reinvigorate the City’s mural culture by increasing lighting, resurfacing the space, and adding pavers to make the space more welcoming and accessible for the public to enjoy the public art.
On November 12, 2024, by Resolution No. 2024-406, Council approved the award of proposal and agreement for engineering design services for the downtown revitalization project to Westwood Professional Services Inc. (Westwood) for a total amount not to exceed $194,315.
The original scope of work included project management, topographic surveys, preliminary architectural conceptual designs, the creation of a roadway improvement plan, technical assistance, geotechnical investigations, utility coordination, the development of a mural master plan, and construction administration.
DISCUSSION:
Following the approval and execution of the original Agreement, Westwood began the initial phases of their preliminary engineering design work through a project walk, topographic and geotechnical engineering analysis of the Mural Alley site. Westwood has also submitted a preliminary 35% conceptual design of the improvements to the alley which would include permeable pavers, trash bin enclosures, and an artistic arch. The original scope of work only authorized the creation of one set of designs for the project area. The approval of a change order to the Agreement would be required to provide the community and Council with multiple artistic options to choose from. At the request of staff, Westwood submitted a contract change order request (attachment 4) which would authorize the firm to prepare two additional preliminary conceptual design options of the Mural Alley project. #5..
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City Council, August 26, 2025
Downtown Revitalization Engineering Agreement Change Orders
During ongoing project management for the Clean California funded project, staff also reviewed the requirements and authorized budget for the downtown wayfinding sign updates. The current inventory of wayfinding signage was installed in 2005 and will become inaccurate following the relocation of the Stanislaus Superior Courthouse from the old courthouse block to the new building opening in early 2026. A comprehensive downtown wayfinding program update will be required with the development of a wayfinding master plan that will standardize wayfinding for the City of Modesto. The document will specify the proposed locations for various wayfinding classification types serving as a guide for the implementation of directional signage. Westwood submitted an additional contract change order (attachment 5) to assist the City in updating and redesigning the current inventory of wayfinding signage as well as the development of a wayfinding master plan. Both change orders would be fully paid for through the CalTrans grant.
Modesto Municipal Code Section 8-3.2032 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 8-3.2043 (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:
The anticipated amended contract cost of $191,017 will be funded through the grant award from CalTrans under the Clean California Local Grants Program within project number 101584. The funding of $51,000 for Wayfinding Signage and Community Markers will come from Task Number AU C – Wayfinding, $91,000 for Mural Master Plan will come from AU C – Mural Master Plan, and $49,017 for Preliminary Engineering will come from AU C – Mural Alley. Costs are recovered on a reimbursable basis through CalTrans.
Clean Cal Funding Categories
Project Items Funding Amount Amended Agreement Cost
Construction $2,167,000
Construction Engineering $325,000
Preliminary Engineering $391,000 $49,017
Mural Master Plan $91,000 $91,000
Wayfinding signage and Community
Markers
$51,000 $51,000
Anti-Litter Abatement $25,000
Tamper Proof Bins $79,000
Total Agreement Amendment Cost $191,017
2https://library.municode.com/ca/modesto/codes/code_of_ordinances?nodeId=TIT8FIRETA_CH3CICO_ART2CEP U_8-3.203FOBIPR
3https://library.municode.com/ca/modesto/codes/code_of_ordinances?nodeId=TIT8FIRETA_CH3CICO_ART2CEP U_8-3.204EXFOBIRE
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Downtown Revitalization Engineering Agreement Change Orders
COMMITTEE RECOMMENDATION:
This item was presented to Economic Development Committee on August 4, 2025, and was recommended to forward to Council for future award of construction.
RECOMMENDED COUNCIL ACTION:
Staff Recommendations:
Resolution approving the First Amendment with Westwood Professional Services Inc., Plano, TX, for the design of the Downtown Revitalization Project increasing the Agreement amount by $191,017, to a new total amount not to exceed $385,332 and authorizing the City Manager or his designee to execute the Amendment.
Approved by:
Jessica Hill, Community and Economic
Development Director
Joseph P. Lopez, City Manager
Attachments:
1. Resolution
2. First AMENDMENT_DRAFT
3. Original Agreement
4. Contract Change Order 01
5. Contract Change Order 02
6. RES_2019_555
7. RES_2023_58
8. RES_2024_78
9. RES_2024_406
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08/26/2025/CED/EBONANDER/Item 1 2025-XX
MODESTO CITY COUNCIL
RESOLUTION NO. 2025-XX
RESOLUTION APPROVING THE FIRST AMENDMENT WITH WESTWOOD
PROFESSIONAL SERVICES INC., PLANO, TX, FOR THE DOWNTOWN
REVITALIZATION PROJECT INCREASING THE AGREEMENT AMOUNT
BY $191,017, TO A NEW TOTAL AMOUNT NOT TO EXCEED $385,332 AND
AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO EXECUTE
THE AMENDMENT
WHEREAS, in 2019, the City of Modesto conducted citywide community surveys which identified blights as one of the most pressing issues for residents; and WHEREAS, on December 10, 2019, Council approved by Resolution 2019-555 the 2020-2025 Blight Abatement Strategy, developed through collaborations with community members, local partnerships, other agencies and internal City departments.
The strategy outlines initiatives for blight abatement on public and private property, encourages public and private partnerships and further action to minimize and mitigate blight; and
WHEREAS, the Blight Abatement Strategy was updated on July 22, 2025, by Resolution 2025-258; and
WHEREAS, the California Department of Transportation (CalTrans) Clean California Local Grant Program is a competitive statewide fund created to enhance communities and improve spaces for public use, including beautification and cleaning of local streets, roads, tribal lands, parks, pathways, transit centers and other public spaces; and
WHEREAS, on November 7, 2023, CalTrans notified the City of their plans to issue an award of $3,129,000 in grant funds for this project. Following this notification, the City Council formally accepted the award on February 27, 2024, by Resolution No. #5..
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08/26/2025/CED/EBONANDER/Item 2 2025-XX
2024-078. The Program operates on a reimbursement basis and the grant project period ranges from September 15, 2023, through June 30, 2026; and WHEREAS, the CalTrans grant will fund a Downtown Revitalization project which will be primarily focused on the area known locally as Mural Alley located near the intersections of J street and 10th street in Downtown Modesto; and WHEREAS, Request For Proposals (RFP) 2324-93 was issued on May 31, 2024, with proposals being due on July 29, 2024. The RFP was posted to the City’s publicly available PlanetBids website on May 31, 2024. 571 vendors viewed the request for proposal, seven (7) firms downloaded the document, however no proposals were received via Planet Bids. Three (3) proposals were subsequently received via mail; and WHEREAS, an evaluation committee determined that O’Dell Engineering, Inc. a Modesto based business located at 1165 Scenic Drive, owned by Westwood Professionals, Inc. of Plano Texas, to be the most qualified firm for the proposed project based on the evaluation criteria outlined in the RFP document; and WHEREAS, Modesto Municipal Code Section 8-3.203 generally requires all purchases, which meet or exceed $100,000 for material, equipment, or contractual services to follow the formal bid procedures. An Award of Proposal and Agreement for engineering design services for the Community and Economic Development Department use to O’Dell Engineering, Inc., a subsidiary of Westwood Professional Services, Inc., Plano, TX, conforms to the Modesto Municipal Code because the City complied with the formal bid procedures and O’Dell was the highest ranked proposal based on the evaluation criteria; and
WHEREAS, the overall scope of work will include project management, #5..
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08/26/2025/CED/EBONANDER/Item 3 2025-XX
topographic surveys, preliminary architectural conceptual designs, the creation of a roadway improvement plan, technical assistance, geotechnical investigations, utility coordination, the development of a mural master plan and construction administration for an amount not exceed $194,315; and
WHEREAS, on the 12th day of November, 2024, Council approved Resolution 2024-406 approving the Award of Proposal and Agreement for Engineering Design Services for the Downtown Revitalization Project to Westwood Professional Services, Inc., Plano, Tx, for a total amount not to exceed $194,315; and WHEREAS, the initial agreement with Westwood only authorized one design for Mural Alley project, a change order is required to provide the community with two additional conceptual design options, and
WHEREAS, staff also needs to update the downtown wayfinding signs due to the relocation of the Stanislaus Superior Courthouse, a separate change order has been requested to develop a comprehensive wayfinding master plan.
NOW, THEREFORE, BE IT HEREBY RESOLVED by the Council of the City of Modesto Approving the First Amendment with the Westwood Professional Services Inc., Plano, Tx, for the design of the Downtown Revitalization Project increasing the agreement amount by $191,017, to a new total amount not to exceed $385,332.
BE IT FURTHER RESOLVED, that the City Manager, or his Designee, is authorized to execute the Amendment in a form approved by the City Attorney’s Office. #5..
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08/26/2025/CED/EBONANDER/Item 4 2025-XX
The foregoing resolution was introduced at a regular meeting of the Council of the City of Modesto held on the 26th day of August, 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 vote:
AYES: Councilmembers:
NOES: Councilmembers:
ABSENT: Councilmembers:
ATTEST: __________________________ __
DIANE NAYARES-PEREZ, City Clerk
(SEAL)
APPROVED AS TO FORM:
BY: __________________________________________
JOSE M. SANCHEZ, City Attorney
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FIRST AMENDMENT
TO STANDARD AGREEMENT
FOR CONSULTANT SERVICES
THIS FIRST AMENDMENT TO THE AGREEMENT (the “First Amendment”), made and entered into this _ day of , 2025, (“Effective Date”) by and between the CITY OF MODESTO, a municipal corporation of the State of California, hereinafter referred to as "City", and WESTWOOD PROFESSIONAL SERVICES, Inc , a Texas corporation hereinafter referred to as "Consultant".
This First Amendment is made with regard to the following recitals:
A. The City has determined that there is a need for engineering design services to initiate a downtown revitalization project which promote the City’s artistic mural culture.
B. On November 12, 2024, by Resolution No. 2024-406, Council approved the award of proposal and professional services agreement to the Consultant for engineering design and project management support for a total amount not to exceed $194,315.
C. The City and Consultant have worked on the initial set of preliminary designs for the aesthetic improvements to the alleyway near the intersections of J and 10th Street in Downtown Modesto, commonly referred to as Mural Alley.
D. The Downtown Revitalization Projected funded in partnership with the California Department of Transportation (CalTrans) also calls for the updating of the Downtown Wayfinding signage program.
E. The City would like to produce two additional Mural Alley design sets to provide to the community and Council for consideration prior to the start of the construction phase.
F. Consultant represents that it is qualified, willing, and able to provide the services to prepare two additional Mural Alley designs as well as the development of a #5..
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comprehensive Wayfinding update project.
G. The proposed cost of the additional designs and wayfinding program updates covered by the First Amendment will increase the total compensation allowed under the agreement by an additional $191,017 bringing the total Agreement compensation amount to a total not to exceed $385,332.
H. All other provisions of the Agreement shall remain in effect.
NOW, THEREFORE, in consideration of this First Amendment, and the mutual promises, covenants, and stipulations hereinafter contained, the parties agree as follows:
1. Section 3, Compensation, of the Agreement is amended in its entirety to read as follows:
Consultant agrees to accept a sum not to exceed $385,332 (maximum compensation) as full remuneration for performing all services and furnishing all staffing and materials for Modesto in accordance with Exhibit "A", except that additional services may be compensated as described below.
The Compensation shall be paid pursuant in the manner and at the times set forth below:
City shall pay Consultant on a time and materials basis for Consultant’s actual costs for all work called for in Exhibit “A” to this Agreement. All work to be performed under this Agreement shall be billed at the hourly rates set forth in Exhibit “B” attached hereto.
Consultant shall submit monthly invoices to City which include detailed tasks, hours worked, and billable rates for all work completed, and detailed receipts for any reimbursable expenses paid by Consultant and identified in Exhibit “B” or approved by the City in writing.
City shall pay Consultant Net 45 Days via manual check.
2. Exhibit A, of the Agreement, is amended to include the following tasks and corresponding subtasks:
Task 10: Additional Downtown Revitalization Project Designs:
Prepare two additional preliminary conceptual design options of Mural Alley per 35% City comments received on 02/18/2025 and in coordination with the Community and Economic Development Department, and color render them. Includes one round of revisions to address City and public comments. Includes preliminary ROM estimates (2 total) to accompany design options.
DELIVERABLES:
PDF Copy of Digital renderings on Westwood title block. #5..
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ROM Estimates in PDF format
Task 11: Downtown Wayfinding Signage Program Update:
Subtask 11.1: Assess Existing Conditions, Needs & Current Practices The Westwood team will prepare an in-depth site analysis of the existing signage conditions of greater Downtown and the travel routes leading to it. This analysis will include Downtown traffic and parking patterns. The existing signage analysis report is anticipated to include the following:
Recommendations for the consolidation, removal, or other practical and creative solutions to make all signage more effective across wayfinding, regulatory, informational and other signage.
Review and assess the City inventory of wayfinding signage in the downtown area per the project limits shown below.
Review and assess the potential wayfinding destinations in Downtown Modesto, taking into account their unique characteristics and demands.
Identify user groups, specific needs and potential wayfinding difficulties (e.g., affecting individuals with disabilities, senior citizens and visitors) Research and analyze industry best practices and current trends in the field of wayfinding signage, considering advancements in technology, design, and user experience to ensure the implementation of modern and effective solutions.
DELIVERABLES
Electronic copies in PDF format of the following items:
o Assessment Report: A report reviewing and assessing the existing inventory of wayfinding signage within the City of Modesto, detailing the current conditions, locations, and any pertinent observations. An in-depth analysis report evaluating the potential wayfinding destinations in Downtown Modesto, highlighting the unique characteristics and demands of each location, and providing recommendations based on the assessment.
o User Needs and Difficulties Analysis: An analysis report identifying user groups and specific wayfinding needs, focusing on any potential difficulties encountered by different user types (e.g., individuals with disabilities, senior citizens, and visitors). This report should outline practical solutions to address these challenges effectively. o Best Practices and Trends Report: A report examining industry best practices and current trends in the field of wayfinding signage, showcasing advancements in technology, design, and user experience. The report should include recommendations for implementing modern and effective solutions based on the findings.
Subtask 11.2: Design Signage Elements
The following items will be performed under this task:
Recommend universal and cohesive design standards for wayfinding elements that reflect the City’s character consistent in color, font, materials, architectural elements, and graphics. Recommendations should also consider street-level visibility (i.e., general lighting options), safety, maintenance, and replacement costs. #5..
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Present schematic design concepts for wayfinding signs. After review of the schematic proposals and selection of the desired proposal by the City, Westwood will submit one (1) complete design package that includes final design concept drawings in AutoCAD Format, including: exact dimensions, letter heights, materials, mounting details, color specifications and material performance standards with written statements regarding the rationale for design choices selected. Consultant shall ensure that all signage will be designed to use color specifications and material performance standards per Caltrans requirements.
DELIVERABLES
Electronic copies in PDF format of the following items:
o Design Standards Recommendation Report: The report will consist of a comprehensive analysis of the existing wayfinding elements in Downtown Modesto, encompassing an examination of various aspects such as color, font, materials, architectural elements, and graphics. Moreover, the report will include an assessment of street-level visibility, offering recommendations for suitable lighting options, safety measures, and strategies to enhance visibility during both day and night. Additionally, the report will provide specific guidelines for maintenance and replacement, ensuring the durability and
cost-effectiveness of the proposed design standards. The report will also present a clear rationale for the design choices, providing detailed explanations of dimensions, letter heights, materials, mounting details, and color specifications. Furthermore, the documentation will include material performance standards, outlining their expected performance and durability in practical applications.
o Design Concepts: Develop three (3) distinct design concepts for wayfinding signs. Each design concept shall be developed and presented to City staff in detail, emphasizing key aspects and features of the proposed signage solutions. The presentation will provide comprehensive visuals and descriptions to facilitate an in-depth review by the City. The goal is to ensure that the City gains a comprehensive understanding of the proposed designs and can make informed decisions regarding the selection of the desired design concept.
o Complete Design Package: The package will include the final design concept drawings presented in AutoCAD format. This package will provide detailed specifications such as exact dimensions, letter heights, materials, and mounting details to ensure precise implementation.
Additionally, the package will outline specific color specifications and material performance standards in adherence to Caltrans requirements.
The inclusion of written statements will offer an explanation of the rationale behind the design choices, providing insight into the decisionmaking process and ensuring transparency throughout the design phase. #5..
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Subtask 11.3: Develop Recommendations for Signage Type & Placement The Westwood team will provide the following items under this task:
Recommendations for wayfinding signage types that should be added, replaced and/or consolidated.
Develop a map of recommended wayfinding signage locations using GIS and/or aerial imagery.
Identify design options to incorporate changeable directional signage for special events, community messaging, or marketing (Farmers Market, Graffiti Parade, etc.) Prepare cost estimate for the fabrication, installation, and maintenance, including the number of sign types and locations.
DELIVERABLES
Electronic copies in PDF format of the following items:
o Signage Recommendations Report: This report will encompass a detailed analysis of the existing wayfinding signage, offering recommendations for the addition, replacement, or consolidation of specific sign types. The report will highlight the rationale behind each recommendation, taking into account the unique characteristics and demands of Modesto. It will also outline how the proposed signage will contribute to the enhancement of the City's wayfinding system.
o Wayfinding Signage Map: A comprehensive map will be created using GIS resources or aerial imagery, illustrating the proposed locations for the recommended wayfinding signage. The map will clearly depict the optimal placements, taking into consideration factors such as visibility, accessibility, and practicality.
o Changeable Signage Design Options: The scope of work will encompass the identification and exploration of design options for incorporating changeable directional signage. This will include recommendations on how to integrate dynamic signage elements for special events, community messaging, or city marketing initiatives, such as Farmers Markets, Graffiti Parades, Concerts in the Park, and other similar events. o Cost Estimate Report: The cost estimate report will provide a detailed breakdown of the projected expenses for the fabrication, installation, and maintenance of the recommended wayfinding signage. The report will include an analysis of the number of sign types and their respective locations, as well as potential cost-saving measures. It will also consider the incorporation of existing base posts, if applicable, into the project budget, ensuring the efficient allocation of resources.
Subtask 11.4: Wayfinding Master Plan
The Westwood team will provide the following items under this task:
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Compilation of all analysis, assessments, and recommendations into a comprehensive Wayfinding Master Plan document, including a detailed roadmap for implementation and proposed locations for different wayfinding classification types.
DELIVERABLES
Electronic copies in PDF format of the following items:
o Wayfinding Master Plan Document: This pivotal deliverable will comprise a detailed report that systematically outlines the standardized wayfinding plan for Modesto. It will encompass easily understandable and comprehensive directions, catering to both visitors and residents, thus providing a clear, well- defined roadmap for the successful implementation of the Wayfinding Master Plan. Moreover, the document will specify the proposed locations for various wayfinding classification types, thereby serving as a practical guide for the implementation of the Wayfinding Master Plan across different regions within the city, initially in Downtown.
Subtask 11.5: Community Outreach & Presentations
The Westwood team will provide the following items under this task within the budgeted allocation and at the request of City staff:
Consolidated Presentation Materials:
o Development of a comprehensive set of presentation materials, including visual aids and informative content, to facilitate effective communication of the Wayfinding Master Plan to relevant stakeholders during public meetings, ensuring a thorough understanding of the plan's objectives and strategies. o Creation of a tailored set of presentation materials to support joint presentations by the Consultant and staff to committees and the Modesto City Council, effectively highlighting the key points of the Wayfinding Master Plan, emphasizing its significance and benefits for the City, and encouraging informed decision-making among council members and committee stakeholders. Engage in community outreach during the creation of the Wayfinding Sign Program, incorporating public feedback into the final recommendations. Seek community input on needs, design elements, and subsequently final design recommendations.
Participate in presenting the final Wayfinding Sign Program to the Modesto City Council.
DELIVERABLES
Electronic copies in PDF format of outreach and presentation materials. Solicit feedback identifying user groups and specific wayfinding needs at a City commission and committee meeting. One (1) meeting total. Present three (3) design recommendations for feedback at City commission and committee meeting. One (1) meeting total.
Present three (3) design recommendations for feedback to the Modesto City Council for consideration. One (1) meeting total.
Subtask 11.6: Construction Administration Support
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Westwood and Team will provide construction administration (CA) support for the fabrication and installation of signage and traffic related components. This will include reviewing and approving construction drawings, shop drawings, material samples and observing installation of such items. The consultant will ensure that products are fabricated and installed per the specifications of the approved Wayfinding Plan. The following CA support is expected within the budgeted allocation and at the request of City staff. Provide clarification, as required, of construction documents and respond to contractor requests for information (RFIs).
Review and approval of project submittals specified in contract documents. We recommend the following construction observation site visits to verify conformance with the approved plans.
o Westwood limited to three (3) visits to review signage installation locations.
o SKA limited to one (1) visit to review signage installation locations. Westwood coordination with City and subconsultant regarding construction RFIs, submittals, and City requested construction site visits. Westwood attendance at virtual coordination meetings with Contractor & design team within the budgeted allocation and at the request of City staff. Report summarizing process of strategies used during procurement and installation of wayfinding signage. The report will include a thorough overview of the oversight measures taken, challenges encountered, and solutions implemented during the construction and installation phases. Additionally, it will include documentation of the collaboration with construction teams, highlighting the successful integration of the signage within the city's infrastructure and built environment.
DELIVERABLES
RFI’s in PDF format
Submittals in PDF format
Site visit reports in PDF format
2. EFFECT OF AMENDMENT.
Except as modified and amended by this First Amendment, all other provisions of the Agreement shall remain unchanged and in full force and effect. #5..
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IN WITNESS WHEREOF, the City of Modesto, a municipal corporation, has authorized the execution of this FIRST AMENDMENT by its City Manager and attestation by its City Clerk under authority of Resolution No. 2025-______ , adopted by the Council of the City of Modesto on the ___ day of ________________ , 2025, and Westwood Professional Services, Inc has caused this FIRST AMENDMENT to be duly executed as of the Effective Date. #5..
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AGREEMENT TRANSMITTAL SHEET
Subject of Agreement: Vendor Name: Division:
Contact Person: Extension: Attorney Reviewer Name:
The attached agreement is the final agreement approved by Council on and pulled from Unity for routing via DocuSign.
The attached agreement is the final version approved through the under $100,000 Unity Workflow review and pulled from Unity for routing via DocuSign.
PINS Approval Business License
Council Agenda Report 700 Form (for Consultants)
Signed or Unsigned Resolution W-9
Council Meeting Minutes (Only if unsigned
Resolution is provided)
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STANDARD AGREEMENT
FOR CONSULTANT SERVICES
THIS AGREEMENT, made and entered into in the City of Modesto, State of California, this day of , 2024, (“Effective Date”) by and between the CITY OF MODESTO, a municipal corporation of the State of California, hereinafter referred to as "City", and WESTWOOD PROFESSIONAL SERVICES, Inc,, a Texas corporation, hereinafter referred to as "Consultant".
This Agreement is made with regard to the following recitals:
A. The City has determined that there is a need for engineering design services to initiate a downtown revitalization 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:
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1. SCOPE OF SERVICES.
Consultant shall undertake and complete the scope of work as set forth and described in the documents attached hereto and referred to as Exhibit "A" or "Project".
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.
Requests for price increases shall be submitted by CONSULTANT in writing, sixty (60) days prior to the annual anniversary date of the agreement to be effective for the subsequent year and shall not exceed the Consumer Price Index (CPI) for West Urban Area in any one agreement year and shall be negotiated through the Purchasing Division.
3. COMPENSATION.
Consultant agrees to accept a sum not to exceed $194,315 (maximum compensation) as full remuneration for performing all services and furnishing all staffing and materials for Modesto in accordance with Exhibit "A", except that additional services may be compensated as described below.
The Compensation shall be paid pursuant in the manner and at the times set forth below:
City shall pay Consultant on a time and materials basis for Consultant’s actual costs for all work called for in Exhibit “A” to this Agreement. All work to be performed under this Agreement shall be billed at the hourly rates set forth in Exhibit “B” attached hereto. Consultant shall submit monthly invoices to City which include detailed tasks, hours worked, and billable rates for all #5..
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work completed, and detailed receipts for any reimbursable expenses paid by Consultant and identified in Exhibit “B” or approved by the City in writing.
City shall pay Consultant Net 45 Days via manual check.
4. OBLIGATIONS OF CONSULTANT.
Throughout the term of this Agreement, Consultant shall possess, or secure all licenses, permits, qualifications and approvals legally required to conduct business. Consultant warrants that it has all of the necessary professional capabilities and experience, as well as all tools, instrumentalities, facilities, and other resources necessary to provide the City with the services contemplated by this Agreement. Consultant further warrants that it will follow the current, generally accepted, and professional practices 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 Chad Kennedy will be the person primarily responsible for the performance of the services referred to in this Agreement. The project manager responsible for daily coordination of the project will be Jesse Grafton. City has entered into this Agreement in reliance on that representation by Consultant. Consultant therefore agrees that twenty-five percent (25%) 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, upon final payment for services rendered, and may be used by City as it may require without any additional cost to #5..
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City. No reports shall be used by the Consultant for purposes other than this contract without the express prior written consent of City.
Title to Data
If, as a part of the agreement, Consultant is required to produce data such as, but not limited to, drawings, plans, specifications, calculations, models, flow diagrams, visual aids and other related materials, the originals of all such data generated under this agreement will be delivered to City upon the final payment for services rendered under the contract. It is understood and agreed that the documents and other materials, including but not limited to those described above, prepared pursuant to this Agreement are prepared specifically for the City and are not necessarily suitable for any future or other use. Any reuse or modification by City without the engagement of Consultant shall be at City’s sole risk and without legal exposure or liability to Consultant.
All materials, documents, data, or information obtained from the City data files or any City medium furnished to Consultant in the performance of this Agreement will at all times remain the property of the City. Such data or information may not be used or copied for direct or indirect use by Consultant after termination of this Agreement without written consent of the City.
7. NEWS AND INFORMATION RELEASE.
Consultant agrees that it will not issue any news releases in connection with either the award of this Agreement, or any subsequent amendment of or efforts under this Agreement, without first obtaining review and approval of said news releases from the City Manager.
8. CONFLICT OF INTEREST.
Consultant warrants that it presently has no interest and shall not acquire any interest, direct or indirect, which would create a “conflict of interest”, as that term is defined in the Political Reform Act (Gov. Code § 81000 et seq), for the Consultant in the performance of this Agreement.
Consultant warrants that, in performance of this Agreement, Consultant shall not employ any person #5..
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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 contract if so required at the option of City.
9. AMENDMENTS.
This Agreement, including the Exhibits attached hereto, may be amended only by a writing signed by both Parties. City will not be responsible to pay any charges Consultant may incur in performing services not identified in Exhibit ‘A’ unless first authorized by the City in writing
10. INDEPENDENT CONTRACTOR.
All acts of Consultant, its agents, officers, and employees and all others acting on behalf of Consultant relating to the performance of this Agreement, shall be performed as independent contractors and not as agents, officers, or employees of City. Except as City may specify in writing, Consultant has no authority to bind or incur any obligation on behalf of City. Consultant has no authority or responsibility to exercise any rights or power vested in the City. It is understood by both Consultant and City that this Agreement shall not under any circumstances be construed or considered to create an employer-employee relationship or a joint venture. Consultant, its agents, officers and employees are and, at all times during the terms of this Agreement, shall represent and conduct themselves as independent contractors and not as employees of City.
Consultant shall determine and control the method, details and means of performing the work and services to be provided by Consultant under this Agreement. Consultant shall be responsible to City only for the requirements and results specified in this Agreement, and, except as expressly provided in this Agreement, shall not be subjected to City's control with respect to the physical action or activities of the Consultant in fulfillment of this Agreement. Consultant is permitted to provide services to others during the same period service is provided to City under this Agreement. If necessary, #5..
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Consultant has the responsibility for employing other persons or firms to assist Consultant in fulfilling the terms and obligations under this Agreement.
If in the performance of this Agreement any third persons are employed by Consultant, such persons shall be entirely and exclusively under the direction, supervision, and control of Consultant. All terms of employment including hours, wages, working conditions, discipline, hiring, and discharging or any other term of employment or requirement of law shall be determined by the Consultant.
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.
11. ASSIGNMENT.
Neither this Agreement nor any portion thereof shall be subcontracted or assigned, other than noted in Exhibit ‘A’, without the express prior written consent of the City in each and every instance.
12. PATENT/COPYRIGHT MATERIALS.
Unless otherwise expressly provided in the contract, Consultant shall be solely responsible for obtaining the right to use any patented or copyrighted materials in the performance of this Agreement. Consultant shall furnish a warranty of such right to use to City at the request of City.
13. NOTICES.
Notice required by this Agreement shall be given in writing and shall be deemed given and effective upon delivery provided that such are delivered in accordance with the provisions of #5..
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this Section. Notices shall be delivered either by: (a) personal delivery; (b) overnight courier service which obtains confirmation of delivery; or (c) certified mail, return receipt requested, if delivery is confirmed by a return receipt; or (d) by electronic transmission subject to reasonable proof that the notice was both transmitted and received. Each such notice shall be sent to the parties at the address respectively set forth below or to such other address as a party may designate by written notice given in accordance with the provisions of this Section:
FOR CONSULTANT: Name: Westwood Professional Services, Inc.
Address: 2805 North Dallas Parkway Suite 150
Plano, TX 75093
Attention:Westwood Professional Services, Inc. General
Counsel
email: [email protected]
FOR CITY: Name: City of Modesto
Address: P.O. Box 642
Modesto, CA 95353
Attention: Jessica Hill
Phone: (209) 577-5321
14. INSURANCE REQUIREMENTS.
The Consultant shall provide at its own expense and maintain at all times the following insurance with insurance companies authorized to do business in the State of California and shall provide evidence of such insurance to the City as may be required by the Risk Manager of the City.
The policies or certificates thereof shall provide that, thirty (30) days prior to cancellation or material change in the policy and ten (10) days prior if cancellation due to nonpayment of premium, notices of same shall be given to the Risk Manager of the City via PINS Advantage Insurance Program, for all of the following stated insurance policies.
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In the event the certificates of insurance required hereunder do not provide for notice of cancellation to the certificate holder and/or additional insureds, the Consultant shall provide, and shall require its subcontractors to provide, as an express condition precedent to payment hereunder, an endorsement from their insurers providing that the additional insureds identified herein shall be provided 30 days’ notice of the cancellation on the policies of insurance required hereunder (10 days’ notice if the policies are cancelled for non-payment of premium). In addition, the named insured on all such policies shall provide to the additional insureds identified herein any notices of cancellation of said insurance policies within 5 business days of receipt of such notice. The Consultant shall, as a further express condition precedent to payment for work performed, affirm under penalty of perjury that the required insurance on the project remains in place and said insurance has not been cancelled. (a) General Liability insurance with a limit of liability per occurrence of $1,000,000 for bodily injury and property damage. If Commercial General Liability Insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit. This insurance shall indicate on the certificate of insurance the following coverages and indicate the policy aggregate limit applying to: premises and operations; broad form contractual; vicarious liability for independent consultants and subcontractors; products and completed operations as applicable. (b) Automobile Liability insurance with limit of liability per occurrence of $1,000,000 for bodily injury and property damage. This insurance shall cover any automobile for bodily injury and property damage.
(c) Worker's Compensation - in compliance with the statutes of the State of California, plus employer's liability with a limit of liability of $1,000,000. (d) Professional Liability insurance with a limit of $1,000,000 per claim and policy aggregate. If coverage is on a claim made basis it shall be maintained for at least three (3) years following completion of the work.
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If at any time any of said policies shall be unsatisfactory to the City, as to form or substance, or if a company issuing such policy shall be unsatisfactory to the City, the Consultant shall promptly obtain a new policy, submit the same to the Risk Manager for approval and submit a certificate thereof as hereinabove provided. Upon failure of the Consultant to furnish, deliver or maintain such insurance and certificates as above provided, this Agreement, at the election of the City, may be forthwith declared suspended or terminated. Failure of the Consultant to obtain and/or maintain any required insurance shall not relieve the Consultant from any liability under this Agreement, nor shall the insurance requirements be construed to conflict with or otherwise limit the obligations of the Consultant concerning indemnification. The City, its agents, officers, employees, and volunteers shall be named as an additional insured on all insurance policies required herein, except Workers' Compensation and Professional Liability. The Workers' Compensation insurer shall agree to waive all rights of subrogation against the City, its agents, officers, employees, and volunteers for losses arising from work performed by Consultant for the City. The Consultant's insurance policy(ies) shall include a provision that the coverage is primary as respects the City; shall include no special limitations to coverage provided to additional insured; and, shall be placed with insurer(s) with acceptable Best's rating of A: VII or with approval of the Risk Manager. The Consultant must deliver certificates evidencing existence of the insurance listed above to the City prior to the time the contract is signed.
CONSULTANT shall provide CITY with separate endorsements evidencing proof of the CITY’s additional insured status as to both the general liability and automobile liability insurance policies. In addition, CONSULTANT shall provide CITY with a Workers Compensation subrogation waiver by way of a separate endorsement. All endorsements referenced above must include the applicable policy number.
For any claims related to this project, the CONSULTANT’S insurance coverage shall be primary insurance as respects the Entity, its officers, officials, employees, and volunteers except for worker’s compensation and professional liability coverages. Any insurance or self-insurance #5..
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maintained by the Entity, its officers, officials, employees, or volunteers shall be excess of the CONSULTANT’S insurance and shall not contribute with it.
15. TERMINATION OF AGREEMENT.
Termination for Default
In the event either party fails to perform under this AGREEMENT or breaches any condition contained herein, the other party shall notify in writing the breaching party of the nonperformance. Within 10 days after receipt of notification, the breaching party shall correct any nonperformance to the reasonable satisfaction of the non-breaching party, or such other time as may be identified in the notice. Failure to correct any non-performance shall allow the non-breaching party to terminate this AGREEMENT for cause.
Termination by City for Convenience
City may cancel this Agreement at any time, with or without cause, upon written notification to Consultant.
Post-Termination Procedure
Upon receipt of a written notice of termination, the Consultant shall:
a. Cease its work as directed in the notice of termination as of the termination date and see to it that its employees, subconsultants and agents are notified of such termination and act as specified in the notice of termination;
b. Terminate all orders and Subcontractors except as necessary to complete any portion of the work that is not terminated;
c. If directed in writing by the City to do so, assign all right, title and interest in subcontracts and materials in progress to City, in which case the City will have the right at its discretion to settle, or pay any or #5..
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all claims arising out of the termination of such subconsultants, but in no event shall recovery by any Consultant or subconsultant include lost profits for portions of the work not completed or undertaken, including materials not delivered;
d. Deliver or otherwise make available to the City all data, drawings, specifications, reports, estimates, summaries and such other information and material as may have been accumulated by the Consultant in performing the work whether completed or in process;
e. Settle outstanding liabilities and claims, subject to the approval of City; f. Complete performance of such part of the Project 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 Project and/or property related to the Project;
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 for work actually completed prior to the receipt of the termination notice or otherwise completed in accordance with the notice of termination. The final #5..
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payment to the Consultant after termination for convenience shall be limited to amounts due and owing under the Agreement at time of termination, including the following:
a. The cost of settling and paying valid claims arising out of the termination of the Work such as subconsultant agreements or contracts for materials;
b. The Agreement price allocable to the portion of the Work properly performed or goods supplied to the work site by the Consultant as of the date of termination, as determined in accordance with the notice of termination, reduced by any sums previously paid to the Consultant.
16. INDEMNITY.
The Consultant shall hold the City, its officers, agents and employees, harmless from and save, defend and indemnify them against any and all claims, losses, liabilities, judgments or damages arising from third parties, 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 proportional extent caused by any negligent or intentional act or omission of Consultant, or its agents, officers, employees, or volunteers relating to or during the performance of its obligations under this Agreement except for professional liability claims, for which Consultant shall have no reimbursement obligation for defense of professional liability claims. In no event shall the cost to defend charged to the Consultant exceed the design professional’s proportionate percentage of fault. 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.
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. #5..
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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.
17. DISPUTE RESOLUTION.
Venue for all claims, controversies, or disputes arising out of, or relating to the formation of this Agreement, or the breach, termination execution, enforcement, interpretation, or validity of this Agreement, including the determination of the scope or applicability of this contract provision shall be in the Superior Court of Stanislaus County or the United States District Court for the Eastern District of California.
18. ATTORNEYS’ 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. A “prevailing party” need not assert affirmative claims to be considered a prevailing party, and a party that successfully defends against a claim in relative terms to the amount of the claim asserted shall be considered a prevailing party for the purposes of this section. In claims for money damages, the total amount of recoverable attorney’s fees, expenses, and costs shall not exceed the net monetary award or judgment of the prevailing party, if the prevailing party was the party seeking a monetary award or judgement.
19. ENTIRE AGREEMENT.
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This Agreement and its exhibits contain the entire understanding between Consultant and City. 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.
20. PARTIAL INVALIDITY.
If any provision in this Agreement is held by a court of competent jurisdiction to be invalid, void, or unenforceable, the remaining provisions shall nevertheless continue in full force without being impaired or invalidated in any way.
21. WAIVER.
The waiver by any party to this Agreement of a breach of any provision hereof shall be in writing and shall not operate or be construed as a waiver of any other or subsequent breach hereof unless specifically stated in writing.
22. AUDIT.
The City's duly authorized representative shall have access at all reasonable times to all reports, contract records, contract documents, contract files, and personnel necessary to audit and verify Consultant's charges to City under this Agreement.
Consultant agrees to retain reports, records, documents, and files related to charges under this Agreement for a period of two (2) years following the date of final payment for Consultant services. City's representative shall have the right to reproduce any of the aforesaid documents.
23. GOVERNING LAW.
This Agreement shall be governed according to the laws of the State of California.
24. HEADINGS NOT CONTROLLING.
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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 shall have a City of Modesto business license. #5..
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IN WITNESS WHEREOF, the City of Modesto, a municipal corporation, has authorized the execution of this Agreement by its City Manager and attestation by its City Clerk under authority of Resolution No. 2024- , adopted by the Council of the City of Modesto on the day of ________________ , 2024, and Westwood Professional Services, Inc. has caused this agreement to be duly executed as of the Effective Date.
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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: ____________________________
MATTHEW BRALEY, ARM-PE, Risk Manager
Federal ID # ___________
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15 of 21
PROJECT APPROACH & SCOPE OF SERVICES
What Will We Do?
Task 1: Project Management
Project management is a crucial part of keeping scope of work, schedule, and budget running smoothly and will require frequent, thorough, and concise communication with the City and the design team. A well-run organizational meeting at the beginning of the project will clear up any unexpected issues before they arise. A meeting will be held with staff, during which our proprietary client communication program is started and the following typical items are discussed:
• Introduce staff and project partners.
• Review objectives of the project, scope of services,
deliverable expectations, project schedule, and milestones. • Confirm project parameters and limits of work.
• Collect available data and published material.
• Establish meeting and presentation schedules and
communication channels with all parties involved.
• Review and list all applicable design/planning standards, opportunities, and/or challenges anticipated.
• Coordinate with City departments, other agencies, and stakeholders.
• Review project budget and billing requirements.
• 1.1 Complete custom client communications program.
The following management responsibilities will be coordinated:
• 1.2 Project schedule at kick-off and after each project deliverable throughout duration of project.
• 1.3 Project kick-off meeting with City and design team. • 1.4 Site investigations.
• 1.5 Progress meetings, following each milestone submittal (35%, 60%, 90%, and 100% PS&E).
Deliverables
• PDF Exhibits, Meeting Agenda, and Meeting Minutes
Task 2: Topographic Survey
• 2.1 Temporary benchmarks will be set around the site, in locations with minimal risk of being demolished during
construction.
• 2.2 Perform cross-section survey of linear corridor at 25-foot intervals.
• 2.3 Perform topographic survey of all hardscape and
softscape, including grade breaks, high points, low points.
In flat areas, measure spot elevations in a grid pattern at 10-foot intervals.
• 2.4 Locate surface-visible utility features and improvements, such as signs, fences, walls, buildings, striping, driveways, walkways, drainages, structures, lights, poles, bollards, general limits of vegetated or landscaped areas, USA
markings, vaults, valves, meters, boxes, pedestals,
cleanouts, manholes, drain inlets, catch basins, culverts, outfalls, standpipes, and the delineation of concrete,
asphalt, and brick surfaces. In addition to measuring the project site with traditional survey equipment, the site will be scanned with a terrestrial laser scanner, minimizing the need for supplemental trips to recover topography.
• 2.5 Trees 6” in diameter or larger will be located.
• 2.6 At manholes and accessible structures, measure invert elevation of all gravity storm drains and sewer pipes.
Annotate topographic survey drawing with invert elevation, approximate diameter, and orientation of each pipe visible at the time of the survey. Where access is not practical, O’Dell Engineering shall indicate by notation on the
mapping deliverable.
• 2.7 Potholing of existing utilities.
• 2.8 Create existing ground Civil 3D TIN surface model. • 2.9 Prepare topographic survey base map drawing at a 1” = 20’ scale.
Deliverables
• Digital Copy of the Topographic Survey Base Map Drawing in AutoCAD Civil 3D 2022
• PDF of Topographic Survey on O’Dell Title Block
• Points File in PNEZD Format
Task 3: Preliminary Engineering (35%)
Preparation of preliminary conceptual design will be led by an O’Dell licensed landscape architect. The design team will prepare a conceptual layout for City review and comment that is anticipated to include the following items: Proposed project limits, ADA improvements, preliminary striping, arch locations and design, and site amenities. Conceptual documents may include the following graphics and exhibits:
• 3.1 Conceptual site design in full color
• 3.2 Conceptual section/elevations of arch and alley
• 3.3 Precedent imagery
• 3.4 ROM cost estimate
Deliverables
• Electronic copies in PDF (Hard copies available upon request) Task 4: Roadway Improvement PGans
Following approval of the 35% conceptual design layout, O’Dell will lead the design team in the creation of the project improvement plans. Submittals are intended for the 60%, 90%, and 100% Final.
Plans for this project are intended to include the following, including routine information normally required by the City, which includes:
• 4.1 Cover Sheet with Project Data
• 4.2 Notes Sheet
• 4.3 Existing Conditions Plan
• 4.4 Demolition Plan(s) Based off Topographic Survey Base File
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PROJECT APPROACH & SCOPE OF SERVICES
• 4.5 Erosion Control Plan(s)
• 4.6 Grading and Drainage Plan(s)
• 4.7 Signage and Striping Plan(s)
• 4.8 Layout and Horizontal Control Plan(s)
• 4.9 Construction Details Including City Standard Reference Details, Custom Arch Details for One Arch Design, Standard Construction Details, Roadway Section/Elevations
• 4.10 Electrical Site Plan(s), Plan Specifications, & Calculations • 4.11 Structural Foundation Plans
• 4.12 Structural Framing Plans/Elevations, Details, Notes, and Plan Specifications
• 4.13 Preliminary Cost Estimates at 60% & 90%, and Bid Estimate for Final Submittal
• 4.14 Technical Specifications Including Table of Contents Spec Outline (60% Submittal), Full Technical Specifications (90% and 100% Submittal (Excluding Division 00), and Bid Item List and Descriptions
• 4.15 Includes One Complete Revision at the 60% Submittal to Address Composite Plan Check from City
• 4.16 Stormwater Quality Control Plan
• 4.17 QA/QC at each submittal
Deliverables
• PDF and ACAD Formats and Hard Copies (Up to 5 Sets)
Task 5: Additional Technical Assistance
at City Request
• 5.1 Additional design/supporting exhibits as requested by the City in writing prior.
• 5.2 Pre-Construction Monument Preservation
» Perform a field survey to locate monuments that may
be disturbed by construction. » Establish durable reference ties to monuments located outside of the presumed construction limits. » Prepare and submit a Record of Survey map or corners records to Stanislaus County, allowing the
public agency to comply with the pre-construction
monument preservation requirements Section 8771 of
the Professional Land Surveyors’ Act.
• 5.3 Optional geotechnical percolation testing two (2) test and percolation comments on the infiltration characteristics of the subgrade soil of percolation tests.
• 5.4 PG&E applicant design
Deliverables
• PDF Copy of Final Record of Survey Map or Corner Records • Updated Digital Copy of the Topographic Survey Base
Map Drawing in AutoCAD Civil 3D 2022 with the Location
of the Potholed Utilities
• Updated PDF of Topographic Survey on O’Dell Title Block with the Location of the Potholed Utilities
• Points File of Potholed Utilities in PNEZD Format
Task 6: Geotechnical Investigation
• 6.1 The Geotechnical Engineer will obtain an encroachment permit, prepare and coordinate traffic control, and contact USA. A field exploration site visit will be conducted by a licensed drilling subcontractor to perform borings/cores utilizing hollow stem auger techniques to a depth of 2 to 3 feet within the project area. Boring log data will be captured. • 6.2 Geotechnical lab test will be performed to review stability characteristics of the pavement subgrade and R-values.
• 6.3 The Geotechnical Report will include the following: » A description of the investigation, including a site plan showing the locations of the exploration points. » A description of the site surface and subsurface conditions encountered during our field investigation,
including boring logs. » A summary of the field exploration and laboratory testing programs. » Comments on subsurface soil and groundwater conditions encountered and potential impact on
design and construction. » Summary of measured pavement structural section thicknesses and subsurface conditions encountered
during the field investigation. » Recommendations for demolition, reuse of concrete grindings, site preparation, and earthwork grading to
support new pavement. » Recommendations for over-excavation of unsuitable soils (i.e., loose random fills, soft subgrade soils,
expansive clay soils, etc.), as applicable. » Recommendations for soil stabilization, as applicable. » Recommendations to aid in design of a concrete paver structural section.
Deliverables
• Draft and Final Report in PDF
Task 7: Utility Coordination
• 7.1 Generate and send out utility “A” letters including the following: » Exhibit “A” plan of project area
» Record information request and notice to all utility
owners affected by project. » Continued coordination of all utility agencies through completion of final design
Deliverables
• Utility “A” Letters and Exhibit
• As-Built Plans from Utility Providers in PDF
Task 8: Mural Master PGan
• 8.1 In coordination with the City and stakeholders, the architect will develop a comprehensive Mural Master Plan with the following approach:
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PROJECT APPROACH & SCOPE OF SERVICES
• 8.2 Three (3) 2-Hour In-Person Workshops Guided by
ARCHITECHNICA with Draft Master Plan
• 8.3 Creation of a “Mural Action Plan” or MAP that will be an Updated Version of the “Historic Resources” Map
Provided in the RFP and Will Identify the Location of Existing Murals, Public Art Installations, and Traffic Light Utility Boxes • 8.4 Final Master Plan
Deliverables
• Electronic/Printed Copies of Mural Master Plan, Meeting Notes, and the MAP
Task 9: Construction Administration/
Consulting
• 9.1 Assist City with bidding process.
• 9.2 Attend pre-construction meeting.
• 9.3 Assist City with review and approve contractor’s
schedule, RFIs, and submittals/shop drawings.
• 9.4 Assist City with review contractor change orders. • 9.5 Construction site visits with follow-up memos (Up to 3 visits).
• 9.6 Punchwalk with follow-up memorandum (1 site visit).
Deliverables
• Submittal and RFI Responses in PDF
• Site Observation Memorandums in PDF
• As-built Drawings in PDF and ACAD
Client to Provide
• Client to provide fees.
• Client to provide site access.
• Client to provide USA requests.
• Existing utility records, including as-builts, record drawings, plans, or GIS information, knowingly possessed by or
available to client.
Assumptions
• CAD deliverables will be prepared using the software noted above. Client shall verify compatibility prior to the start of work.
Additional charges and delays may apply if changes are
requested after the preparation of deliverables has begun. • Survey deliverables will be based on the City of Modesto horizontal datum (per 22-S-051) and the NAVD88 vertical datum using City of Modesto benchmarks. A survey control statement will be provided, including the location, elevation, and description of the benchmark utilized, as well as a horizontal survey coordinate table with the point number, northing, easting, and description for at least three (3) points. • Obstructed or inaccessible areas may not be mapped.
• Assumes improvement plan is one phase and will not be broken into additional phases.
• Assume additional parking studies/design efforts within Clients existing property limits only.
• Pricing subject to increase based on PGE Globals provided after application and JT Intent and Form A
• Assumes geotechnical field work will be performed during daylight hours between 7 a.m. and 4 p.m.
Exclusions
• Mapping of small trees, shrubs, or other minor vegetation • Research, mapping, potholing, locating, or any other form of subsurface utility investigation or verification (unless accepted under task 5)
• Fees, permits, or processing of permits
• Survey monument preservation as defined and required by Section 8771 of the Professional Land Surveyors’ Act (unless accepted under task 5)
• Boundary surveying as defined in Section 8726(c) of the Professional Land Surveyors’ Act
• Preparation of land description packages or other
property/right-of-way acquisition documents
• Special title research, preparation of chain-of-title, and research of documents not maintained in the records of the County Surveyor or County Clerk and Recorder
• Preparation of a record-of-survey map or corner record • Mapping of small trees, shrubs, or other minor vegetation • Modifying/Updating City standard details
• Utility extensions beyond 100 feet from the project site • Utility designs beyond connections/meters located outside of buildings
• Field supervision of construction forces
• Preparation of environmental documents
• Off-site utility analysis
• Off-site improvement plans, studies, or investigations • Traffic control plan and traffic signal design
• Structural, mechanical, and other engineering design
• Dust control plan
• Construction staking
• SWPPP development and QSP services
• PG&E applicant design/PG&E design for gas (unless
accepted under Task 5)
• Street lighting photometric studies
• Traffic signal design
• Temporary electric service for construction trailer
Note
• Land surveyors, civil engineers, landscape architects, geotechnical engineers, electrical engineers, structural engineers, and architects are licensed by the State of
California.
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CITY OF MODESTO
COUNCIL AGENDA REPORT
DATE OF MEETING:
November 12, 2024
Date: October 22, 2024
TO: Mayor and City Council
THROUGH: Joseph P. Lopez, City Manager
FROM: Jessica Hill, Director of Community and Economic Development SUBJECT: Downtown Revitalization Engineering Agreement
CONTACT: Sean M. Rando, Business Analyst,
[email protected], 209-577-5473
DESCRIPTION:
Consider approving an Agreement for Engineering Design Services for the Downtown Revitalization Project to Westwood Professional Services, Inc., Plano, TX, for a total amount not to exceed $194,315. (Funding Source: California Department of Transportation Clean California Grant).
STRATEGIC PLAN ELEMENT:
The recommended action supports the City’s Strategic Plan Area of Focus: Quality of Life, Goal B: “Increase pride in Modesto’s diverse neighborhoods and business districts through beautification efforts and by investing in community assets and amenities”.
BACKGROUND:
In 2019, the City of Modesto conducted citywide community surveys which identified blights as one of the most pressing issues for residents. On December 10, 2019, Council approved by Resolution 2019-555 the 2020-2025 Blight Abatement Strategy, developed through collaborations with community members, local partnerships, other agencies, and internal City departments. The strategy outlines initiatives for blight abatement on public and private property, encourages public and private partnerships, and further action to minimize and mitigate blight.
The California Department of Transportation (CalTrans) Clean California Local Grant Program1 is a competitive statewide fund created to enhance communities and improve spaces for public use, including beautification and cleaning of local streets, roads, tribal lands, parks, pathways, transit centers and other public spaces. The Program is part of the nearly $1.1 billion Clean California initiative and approximately $100 million is allocated for local communities as part of the Program Cycle 2 announced in 2022. 1 Clean California Local Grant Program webpage: https://cleancalifornia.dot.ca.gov/local-grant-program #5..
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City Council, November 12, 2024
Downtown Revitalization Engineering Agreement