Agenda packet — Finance Committee, November 17, 2025

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www.modestogov.com
AGENDA
City of Modesto

FINANCE COMMITTEE

COUNCIL WORKSHOP
2001-40 Del Puerto Room
Tenth Street Place, 1010 10th Street
Modesto, California
Monday, November 17, 2025 at 4:00 PM
Roll Call: Rosa Escutia-Braaton, Chair
David Wright, Vice-Chair
Nick Bavaro, Member
Alternates: Eric Alvarez, Jeremiah Williams, Chris Ricci, Sue Zwahlen Council has not delegated directive or final approval authority to the Committees.

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

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

THE MEETING CAN BE VIEWED BY ZOOM VIDEO

CONFERENCING OR TELEPHONE
Joining the Committee meeting via Zoom
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Joining the Committee meeting via Telephone
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PUBLIC COMMENT PERIOD
Three-minute time limit per speaker.

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

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

Written comments must be received two hours before the meeting. - 2 -
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This Agenda is on file in the City Clerk’s Office, Sixth Floor, 10th Street Place, Posting Board at entry of 10th Street Place, and is available on the City’s Web site at www.modestogov.com.

Materials related to an item on this Agenda submitted to the Council after distribution of the agenda packet are available for public inspection in the Clerk’s office during normal business hours. Such documents are also available online, subject to staff’s ability to post the documents before the meeting, at the following website www.modestogov.com/councilmeetings.

In accordance with the requirements of Title II of the Americans with Disabilities Act (“ADA”) of 1990, the Fair Employment & Housing Act (“FEHA”), the Rehabilitation Act of 1973 (as amended), Government Code section 11135 and other applicable codes, the City of Modesto (“City”) will not discriminate against individuals on the basis of disability in the City’s services, programs, or activities. For more information, please visit the City of Modesto website at https://www.modestogov.com/865/Americans-with-Disabilities-Act-ADA In compliance with the Americans with Disabilities Act, if you need special assistance to participate in this meeting, please contact the City Clerk (209) 577-5396. Notification 48 hours prior to the meeting will enable the City to make reasonable arrangements to ensure accessibility to this meeting
Any and all of the following agenda items are subject to action by the Modesto City Council.

CONSENT ITEMS – ROLL CALL VOTE REQUIRED:

Information concerning the consent items listed below has been forwarded to each Committee Member prior to this meeting for study. Unless some member of the audience or Committee Member has a question concerning an item and asks that it be withdrawn from the consent list, the Committee approves the items at one time. The action taken by the Committee in approving consent items is set forth in the explanation of this individual item.

CONSENT
An item may be removed from consent and discussed at the request of an audience member or Committee Member.

Consent

1. Consider the payment for furnishing of street sweeping material receiving service and City-wide disposal services with various garbage disposal businesses located in Stanislaus County for a total amount not to exceed $5,150,000 over five years, and forwarding to Council for approval. (Funding Source: Various Funds)  Motion recommending the payment for furnishing of street sweeping material receiving service and City-wide disposal services with various garbage disposal businesses located in Stanislaus County for a one-year agreement with four one-year extension options, for an estimated annual cost of $1,030,000 and a total amount not to exceed $5,150,000 over five years and forwarding to Council for approval.
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FINANCE DEPARTMENT; Dianne Love, 209-571-5164, [email protected] Consent

2. Consider the First Amendment with Bay City Electric Works of Livermore, CA, and PowerGen, Inc., of Tracy, CA for Generator Repair and Preventative Maintenance Services increasing the Agreement amount by $1,070,064 and forwarding to Council for approval. (Funding Source: Various Funds)
 Motion recommending the First Amendment with Bay City Electric Works and PowerGen, Inc for Generator Repair and Preventative Maintenance Services increasing the Agreement amount by $1,070,064 to a new amount not to exceed $2,284,864 over five years; and forwarding to Council for approval.

FINANCE DEPARTMENT; Dianne Love, 209-571-5164, [email protected]

UNFINISHED BUSINESS

3. Consider the Third Amendment with BrightView Golf Maintenance, Inc., Modesto, CA., in partnership with KemperSports Management, Northbrook, IL., for Golf Management and Maintenance Services increasing the Agreement amount by $6,612,832 and extending the term of the Agreement from December 31, 2025 to December 31, 2026, and one one-year extension option (January 1, 2027 to December 31, 2027) and forwarding to Council for approval. (Funding Source: Golf Fund)  Motion recommending a Third Amendment to the Agreement with BrightView Golf Maintenance, Inc., Modesto, CA., in partnership with KemperSports Management, Northbrook, IL., for Golf Management and Maintenance Services increasing the Agreement amount by $6,612,832, to a new estimated annual amount of $3,306,416, a new total amount of $20,775,570 through the term of the agreement and extending the term of the Agreement from December 31, 2025 to December 31, 2026 and one one-year extension option (January 1, 2027 to December 31, 2027); and forwarding to Council for approval.

PRN; Jessica Franco, 209-577-5278, [email protected]

NEW BUSINESS

4. Consider the Plans and Specifications for Dryden Clubhouse Renovation Project, accepting the Bid and Awarding a Construction Contract to Diede Construction, Inc. of Lodi, CA., for a total amount not to exceed $9,278,564; consider an Agreement with Dillon & Murphy Engineering, of Lodi, CA, for Construction Management and Inspection Services for a total amount not to exceed $850,164; and consider an increase to the Green Fees and forwarding to Council for approval. (Funding Source: Various Funds)
 Motion recommending the approval of the Plans and Specifications for the Dryden Clubhouse Renovation Project, accepting the Bid and Awarding a Construction Contract to Diede Construction, Inc. of Lodi, CA., in the amount of $8,591,263, authorizing $687,301, in contingency (if needed), for a total amount not to exceed $ 9,278,564, and forwarding to Council for approval. - 4 -
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 Motion recommending the approval of an Agreement with Dillon & Murphy Engineering, of Lodi, CA, for Construction Management and Inspection Services for the Dryden Clubhouse Renovation Project in the amount of $772,876, plus $77,288 in additional services, if needed, for a total amount not to exceed $850,164, and forwarding to Council for approval.  Motion recommending amending the Fiscal Year 2025-26 Capital Improvement Program budget to fund Project #101294 (Dryden Clubhouse Renovation) in an amount not to exceed $7,723,929, in transfers, revenue, and to budget expenditures to fund the project, and forwarding to Council for approval.  Motion recommending the issuance of an interfund loan in an amount not to exceed $4,930,841 from the Water Fund 4100 to the Golf Fund 4600 for the construction for Project 101294 Dryden Clubhouse Renovation 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 forwarding to Council for approval.
 Motion providing guidance to staff regarding the increase to the Green Fees and forwarding that to Council for approval.

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

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

COMMITTEE AGENDA REPORT
DATE OF MEETING:

November 17, 2025
Date: September 7, 2025
TO: Finance Committee
Rosa Escutia-Braaton, Chair
David Wright, Vice-Chair
Nick Bavaro, Member
THROUGH: Joseph P. Lopez, City Manager
FROM: DeAnna Christensen, Director of Finance
SUBJECT: Payment for City-wide Disposal Services and Street Sweeping Receiving Services CONTACT: Dianne Love, Purchasing Manager, [email protected], 209-571-5164 DESCRIPTION:

Consider the payment for furnishing of street sweeping material receiving service and City-wide disposal services with various garbage disposal businesses located in Stanislaus County for a total amount not to exceed $5,150,000 over five (5) years and forwarding to Council for approval. (Funding Source: Various Funds)
STRATEGIC PLAN ELEMENT:

This item supports the City of Modesto 2025-2026 Strategic Plan focus of Governance and Service Delivery: Build community trust in City government through responsive, transparent, and efficient service delivery.

BACKGROUND:

The City of Modesto operational departments require disposal services for garbage, organics, recycling, and other types of waste to support running their day-to-day services. The waste is collected from the weekly pick-up services provided at all City-owned public facilities, City parks, waste-debris from gathered maintenance services provided by City staff, Modesto Police Department (MPD), and contracted litter crews.

The City of Modesto entered into a contract with the City of Ceres on July 13, 2021, to provide fire protection and related emergency services within both cities and parts of Stanislaus County.

Under this agreement, the City of Modesto is responsible for covering station facility needs including daily living essentials such as linens, water, garbage service, beds, furniture, appliances, and other operational necessities. With this addition of City of Ceres fire stations there is a need for bin rental and dump services within the City of Ceres, which is provided by Bertolotti Ceres Disposal, Inc.
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City staff have increased their efforts to combat the growing waste and material accumulation located throughout the City through a variety of City initiatives. Increased responses in relation to concentrated homeless populations, blight and the rising use of the City’s GoModesto mobile phone application to report areas of blight have all lead to a surge in the need for disposal services.

Efforts by the Modesto Police Department’s (MPD) and Public Works (PW) Blight Abatement Team have led to the collection of significant amounts of garbage due to illegal dumping and/or camping city-wide. Between both departments the City estimates that this amount will continue to grow through the increased use of the City’s public-facing work order system called “GoModesto” (a mobile device application). The City aims to decrease illegal dumping by 10% through continued education, community interaction and increasing free community bulky item drop off events.

The Green Waste Division also makes use of material receiving services via the Street Sweeping Program for the PW department. This program removes materials from the City maintained roads and facilities. It is part of the City’s Storm Water Protection Plan. These debris consist of dirt, sand, rocks, paper, plastics, and other harmful materials commonly found in gutters at the curbside. These materials contribute to the plugging and contamination of the rockwell storm water drainage system and must be disposed of by the City.

Street sweeping receiving and disposal services are used by many departments within the City for various purposes and the consolidation of these services under one (1) agreement will allow for a more efficient and effective providing of said services for the citizens of Modesto.

The Compost Facility receives green waste from the green cans collected at the curb weekly and the green waste piles that are in the street. This material comes in highly contaminated with a lot of plastics, glass, and other debris. This has to be removed in order to produce compost. The removal of this contamination creates overs, which then need to be hauled away and disposed of at Fink Road Landfill.

On December 8, 2020, under Resolution 2020-515, City Council approved the payment for the furnishing of street sweeping material receiving service and City-wide disposal services with Bertolotti Disposal Modesto, CA, Bertolotti Transfer & Recycling Center, Modesto, CA, Gilton Solid Waste Management, Modesto, CA, Gilton Resources Recovery Modesto, CA and Fink Road Landfill, Crows Landing, CA for an estimated annual cost of $800,000 and a total amount not to exceed $4,000,000 over five (5) years.

On November 23, 2021, under Resolution 2021-450, City Council approved the addition of Central Valley Ag Grinding, Oakdale, CA and an increase to the Purchase Orders for the furnishing of street sweeping material receiving service and City-wide disposal services with Bertolotti Disposal Modesto, CA, Bertolotti Transfer & Recycling Center, Modesto, CA, Gilton Solid Waste Management, Modesto, CA, Gilton Resources Recovery Modesto, CA and Fink Road Landfill, Crows Landing, CA by $550,000 for an estimated revised annual cost from $800,000 to $1,350,000 total revised combined amount of $6,200,000 over five (5) years.

DISCUSSION:

The Purchasing Division communicated with our local haulers, Gilton Resources Recovery and Bertolotti Transfer Station to review pricing rates. Gilton Resources informed staff moving forward #1..
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they could no longer hold current rate of $68/ton and increased their rate to $75/ton and a contract is not needed as the price will adjust according to the current market conditions and/or any new laws Gilton needed to abide by. Bertolotti Transfer Station provided an update pricing table that included their standard public rate of $78/ton, they do provide the City with a discounted rate of $3.25 plus weight for automobile tire disposal.

The Purchasing Division researched permitted transfer stations in the area and discovered Turlock Transfer Station1 public rates were $75.00/ton, Bertolotti Transfer Station2 public rates were $78.00 and Gilton Resources Recovery3 rates were $78.00/ton. The Purchasing Division negotiated with Gilton Resources regarding the rate difference and was advised our rate moving forward would be $75/ton.

To ensure continued service, the Compost and Street Sweeping Divisions utilize the Memorandum of Understanding (MOU) between Stanislaus County and the City of Modesto for Solid Waste Disposal at the Fink Road Landfill4 at $43.38/ton. The MOU was approved July 22, 2025, under Resolution 2025-274.

To manage the overall spending for these types of services, City staff is recommending we establish eight (8) separate Oracle agreements various garbage companies located in Stanislaus County which includes Bertolotti Modesto Disposal Inc. – Garbage Pick Up, Ceres, CA, Bertolotti Ceres Disposal – Garbage Pick Up, Ceres, CA, Bertolotti Transfer Station - Receiving Station, Ceres, CA, Gilton Solid Waste – Garbage Pick Up, Oakdale, CA, Gilton Resources Recovery Transfer Facility, Inc., Oakdale, CA and Fink Road Landfill, Modesto, CA a total combined spending of $1,030,000 annually and a total amount not to exceed $5,150,000 over five (5) years This will ensure the proper tracking to manage the City-wide spending per vendor and ensure staff is utilizing the lowest cost provider based on the overall cost to manage this service based on nearest location and cost efficiency. The Purchasing Division will review the rates annually to evaluate any further opportunities for savings.

FISCAL IMPACT:

The table below shows the five-year spending with each vendor based on the spending history for the city-wide disposal services. The services are broken up by garbage pickup, receiving and transfer, and receiving station services. The costs are then further broken down by each vendor that would provide the estimated services between Fink Road Landfill, Bertolotti, and Gilton.

Vendor Name FY 20-21 FY 21-22 FY 22-23 FY 23-24 FY 24-25 Total County - Fink Road Landfill $ 52,032 $ 135,623 $ 251,551 $ 194,593 $ 367,220 $ 1,001,019 Bertolotti Transfer Station - Receiving $ 40,882 $ 32,151 $ 65,489 $ 81,174 $ 140,892 $ 360,588 Bertolotti Ceres Disposal Inc. $ 4,978 $ 4,776 $ 5,276 $ 5,750 $ 893 $ 21,673 Bertolotti Modesto Disposal - Garbage pickup $ 161,982 $ 278,253 $ 331,733 $ 383,734 $ 257,430 $ 1,413,132 Gilton Resources Receiving Station $ 36,411 $ 92,371 $ 61,905 $ 55,182 $ 279 $ 246,148 Gilton Solid Waste - Garbage pickup $ 43,697 $ 57,618 $ 84,766 $ 129,272 $ 65,885 $ 381,238 Gilton Resources Receiving and Tranfer $ 163,731 $ 204,747 $ 188,880 $ 221,698 $ 232,840 $ 1,011,896 Central Valley Ag Grinding - Receiving $ - $ 2,746 $ 855 $ - $ - $ 3,601 Total $ 503,713 $ 808,285 $ 990,455 $ 1,071,403 $ 1,065,439 $ 4,439,295 1 1100 S. Walnut Road, Turlock CA 95380; approximately 16.2 miles from the Center of Modesto. 2 231 Flamingo Road, Modesto CA 95357; approximately 6.9 miles from the Center of Modesto. 3 800 S. McClure Road, Modesto CA 95354; approximately 6.5 miles from the Center of Modesto. 4 4000 Fink Road Crows Landing, CA 95313; approximately 28.9 miles from the Center of Modesto. #1..
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The various funding sources to fund the disposal services expenses will vary by Fiscal Year (FY) but based on looking at the spending history over the last five (5) years, it is anticipated the annual estimated cost would be funded based on the allocation provided below.

Fund Annual Estimated Amount
General Fund $ 153,592
Measure H $ 23,634
Grants $ 73,290
Surface Transportation Fund $ 1,090
Water $ 52,651
Sewer $ 15,803
Airport $ 1,901
Storm Drain $ 108,496
Compost Fund $ 217,511
Solid Waste Fund $ 100,000
Green Waste $ 125,404
Compost Facility Improvement Fund $ 9,864
Fleet $ 11,153
Building Services $ 131,292
Tuolumne River Regional Park $ 4,319
Total $ 1,030,000
RECOMMENDED COMMITTEE ACTION:

Staff Recommendations:

Motion recommending the payment for furnishing of street sweeping material receiving service and City-wide disposal services with various garbage disposal businesses located in Stanislaus County for a one-year agreement with four (4) one-year extension options, for an estimated annual cost of $1,030,000 and a total amount not to exceed $5,150,000 over five (5) years and forwarding to Council for approval.

Approved by:

DeAnna Christensen, Director of Finance
Joseph P. Lopez, City Manager
Attachments:
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CITY OF MODESTO

COMMITTEE AGENDA REPORT
DATE OF MEETING:

November 17, 2025
Date: August 21, 2025
TO: Finance Committee
Rosa Escutia-Braaton, Chair
David Wright, Vice-Chair
Nick Bavaro, Member
THROUGH: Joseph P. Lopez, City Manager
FROM: DeAnna Christensen, Director of Finance
SUBJECT: First Amendment to the Generator Repair and Preventative Maintenance Service Agreement
CONTACT: Dianne Love, Purchasing Manager, [email protected], 209-571-5164 DESCRIPTION:

Consider the First Amendment with Bay City Electric Works of Livermore, CA, and PowerGen, Inc., of Tracy, CA for Generator Repair and Preventative Maintenance Services increasing the Agreement amount by $1,070,064 and forwarding to Council for approval. (Funding Source:

Various Funds)
STRATEGIC PLAN ELEMENT:

The recommended action supports the 2025-2026 City of Modesto Strategic Plan Initiatives, Goal D: Provide safe, efficient, and reliable infrastructure through proactive community investment, maintenance, and sustainability efforts.

BACKGROUND:

The City of Modesto Utilities Department, Police Department, Fire Department and Public Works Department rely upon contractual agreements for repair and preventative maintenance of approximately sixty-eight (68) generators, although additional generators may be identified over the course of this service agreement. Stationary generators provide emergency back-up power to various City facilities, allowing departments to continue operations during power outage. Portable generators provide power for special projects in remote areas, back-up power to smaller facilities, and power for Special City events.

On August 27, 2024, by Resolution 2024-306, Council authorized a Citywide Agreement for Generator Repair and Preventative Maintenance Service to Bay City Electric of Livermore, CA, and PowerGen, Inc., of Tracy, CA, for a two-year agreement with three (3) one-year extension options at the sole discretion of the City, for an estimated annual amount of $181,300 and a total amount not to exceed $1,214,800 over five (5) years.
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DISCUSSION:

There are currently four (4) departments that utilize the agreement with Bay City Electric Works and PowerGen, Inc. During the term of this agreement, it has been determined that the initial requested amounts for all departments were underestimated as it was difficult to predict the number of generators that will need to be repaired or maintained. An increase in funds allows the department to schedule more preventative maintenance on an as-needed basis which ensures less generator failures. Additionally, departments have identified three (3) generators that are currently not functioning and will need repairs.

An amendment is needed to increase the estimated annual amount of this agreement by $246,200, from $181,300, for a new estimated annual amount of $427,500, with an estimated Consumer Price Increase (CPI) increase of 5.4% for years three through five for a new total amount not to exceed of $2,284,864 over five (5) years.

Modesto Municipal Code Section 8-3.203 generally requires all purchases, which meet or exceed $100,000 for material, equipment, or contractual services to be formally bid. However, exceptions to the formal bidding process are granted in MMC 8-2.204(f) “Where the Purchasing Manager, in his or her discretion, determines that it is appropriate to amend the services or goods provided under an existing agreement to include additional similar goods or services, of limited quantity or scope, in order to increase efficiency and avoid delays or disruptions to City projects or services”.

Increasing the agreed amount for this service ensures that the City departments have the proper funds to maintain and repair generators. It is important to have these generators functional as they are vital to the City departments’ operations.

FISCAL IMPACT:

The table below shows the projected combined spending for both vendors, with a 5.4% increase annually in years three (3) through five (5) as well as a $250,000 in emergency rental. The emergency rental fund ensures that the Utilities Department can maintain operations in the event of a generator failure.

Agreement Year Total
Year 1 $ 181,300
Year 2 $ 427,500
Year 3 $ 450,585
Year 4 $ 474,917
Year 5 $ 500,562
EmergencyRental $ 250,000
Total Not To Exceed $ 2,284,864
The table below shows how the amounts will be allocated annually between both vendors.

Vendor Year 1 Year 2 Year 3 Year 4 Year 5 Totals:

BayCityElectric Works $ 126,910 $ 299,250 $ 315,410 $ 332,442 $ 350,393 $ 1,424,405 PowerGen Inc. $ 54,390 $ 128,250 $ 135,175 $ 142,475 $ 150,169 $ 610,459 UtilitiesEmergencyFund $ - $ - $ - $ - $ - $ 250,000
Totals: $ 181,300 $ 427,500 $ 450,585 $ 474,917 $ 500,562 $ 2,284,864 Estimated expenditures are budgeted in the following department funds:
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 Utilities: Sewer Operations (4210-44313), Storm Drain (4480-44311), Water (4100-45040)  Public Works: Fleet Operations (5400-53243)
 General Fund (0100): Police (19490-53100), Fire (18610 and 18212)  Miscellaneous Funds as needed
Adjusted Estimated Spending (Y2-Y5)
Department Year 1 Year 2 Year 3 Year 4 Year 5 Total:

Utilities - Sewer $ 60,000 $ 120,000 $ 126,480 $ 133,310 $ 140,509 $ 580,299 Utilities - Storm Drain $ 20,000 $ 40,000 $ 42,160 $ 44,437 $ 46,836 $ 193,433 Utilities - Water $ 55,000 $ 200,000 $ 210,800 $ 222,183 $ 234,181 $ 922,164 MPD $ 11,000 $ 20,000 $ 21,080 $ 22,218 $ 23,418 $ 97,716 MFD $ 21,300 $ 28,500 $ 30,039 $ 31,661 $ 33,371 $ 144,871 Public Works Fleet $ 4,000.00 $ 9,000.00 $ 9,486 $ 9,999 $ 10,538 $ 43,023 Misc Divisions $ 10,000.00 $ 10,000.00 $ 10,540 $ 11,109 $ 11,709 $ 53,358 UtilitiesEmergencyFund $ - $ - $ - $ - $ - $ 250,000
Total: $ 181,300 $ 427,500 $ 450,585 $ 474,917 $ 500,562 $ 2,284,864 *Annual 5.4% Increase for Years 3-5
RECOMMENDED COMMITTEE ACTION:

Staff Recommendations:

Motion recommending the First Amendment with Bay City Electric Works and PowerGen, Inc for Generator Repair and Preventative Maintenance Services increasing the Agreement amount by $1,070,064 to a new amount not to exceed $2,284,864 over five (5) years; and forwarding to Council for approval.

Approved by:

DeAnna Christensen, Director of Finance
Joseph P. Lopez, City Manager
Attachments:

1. First Amendment – Bay City Electric

2. First Amendment – PowerGen

3. Original Agreement – Bay City Electric

4. Original Agreement – PowerGen

5. Exhibit B - Bid Submittal - Bay City Electric Works

6. Exhibit B - Bid Submittal - PowerGen Inc

7. CA Levine Act Disclosure Form - Bay City Electric

8. CA Levine Act Disclosure Form - PowerGen
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FIRST AMENDMENT TO AGREEMENT

WITH BAY CITY ELECTRIC WORKS FOR GENERATOR REPAIR PREVENTATIVE

MAINTENANCE SERVICES
This First Amendment to the Agreement for Generator Repair Preventative Maintenance Services (“First Amendment”) is entered into between the CITY OF MODESTO, a municipal corporation of the State of California (hereinafter the “CITY”) and Bay City Electric Works, a California corporation (hereinafter “CONTRACTOR”) as of the _______ day of ______________, 2025.

RECITALS
This First Amendment for Generator Repair Preventative Maintenance Services is made with regard to the following recitals:

WHEREAS, CITY and CONTRACTOR previously entered into an Agreement for Generator Repair Preventative Maintenance Services on the 27th day of August 2024 (the “Original Agreement”), and
WHEREAS, CITY and CONTRACTOR desire to amend the Original Agreement increasing the estimated annual amount by $172,340 from $126,910 to a new estimated annual amount of $299,250.

NOW, THEREFORE, in consideration of this First Amendment, and the mutual promises, covenants, and stipulations contained in the Original Agreement and this Amendment, the parties agree as follows:

1. THE WORK, Section 1(e), of the Original Agreement shall be replaced in its entirety with the following:
“CONTRACTOR shall furnish said services at the following AGREEMENT rates for an estimated annual amount $299,250. The total amount #2..
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paid by CITY to CONTRACTOR over the full term of the AGREEMENT shall not exceed $1,599,405. Unless the services provided are for a lump sum or flat fee, fees for work performed by CONTRACTOR on an hourly basis shall not exceed the amounts shown on Bid attached hereto as Exhibit B.”

2. Except as modified and amended by this First Amendment, all other provisions of the Original Agreement, shall remain unchanged and in full force and effect.

IN WITNESS WHEREOF, the City of Modesto, a municipal corporation, has authorized the execution of this First Amendment to Agreement by its City Manager and attestation by its City Clerk under the authority of Resolution No. 2025-_______ on the ________ day of ___________, 2025, and Bay City Electric Works has caused this First Amendment to be duly executed as of the Effective Date.
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FIRST AMENDMENT TO AGREEMENT
WITH POWERGEN INC. FOR GENERATOR REPAIR AND PREVENTATIVE

MAINTENANCE SERVICES
This First Amendment to the Agreement for Generator Repair and Preventative Maintenance Services (“First Amendment”) is entered into between the CITY OF MODESTO, a municipal corporation of the State of California (hereinafter the “CITY”) and PowerGen Inc., a California corporation (hereinafter “CONTRACTOR”) as of the ________ day of _____________, 2025.

RECITALS
This First Amendment for Generator Repair and Preventative Maintenance Services is made with regard to the following recitals:

WHEREAS, CITY and CONTRACTOR previously entered into an Agreement for Generator Repair and Preventative Maintenance Services on the 27th day of August 2024 (the “Original Agreement”), and
WHEREAS, CITY and CONTRACTOR desire to amend the Original Agreement increasing the estimated annual amount by $73,860 from $54,390 to a new estimated annual amount of $128,250.

NOW, THEREFORE, in consideration of this First Amendment, and the mutual promises, covenants, and stipulations contained in the Original Agreement and this Amendment, the parties agree as follows:

1. THE WORK, Section 1(e), of the Original Agreement shall be replaced in its entirety with the following:
“CONTRACTOR shall furnish said services at the following AGREEMENT rates for an estimated annual amount $128,250. The total amount #2..
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paid by CITY to CONTRACTOR over the full term of the AGREEMENT shall not exceed $685,459. Unless the services provided are for a lump sum or flat fee, fees for work performed by CONTRACTOR on an hourly basis shall not exceed the amounts shown on Bid attached hereto as Exhibit B.”

2. Except as modified and amended by this First Amendment, all other provisions of the Original Agreement, shall remain unchanged and in full force and effect.

IN WITNESS WHEREOF, the City of Modesto, a municipal corporation, has authorized the execution of this First Amendment to Agreement by its City Manager and attestation by its City Clerk under the authority of Resolution No. 2025-______ on the ________ day of ____________ , 2025, and PowerGen Inc., has caused this First Amendment to be duly executed as of the Effective Date.
#2..
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ANNUAL AGREEMENT NO 275316

FOR GENERATOR REPAIR AND PREVENTATIVE MAINTENANCE SERVICES POWERGEN, INC.

This agreement, hereinafter called AGREEMENT, made and entered into in the City of Modesto, State of California, this ______ day of _________, 2024, by and between the City of Modesto, a municipal corporation of the State of California, hereinafter called CITY, and PowerGen Inc., a California Corporation, hereinafter called CONTRACTOR.

W I T N E S E T H:

WHEREAS, the Modesto City Council adopted Resolution No. 2024- _______authorizing the Award of Bid and agreement for the Generator Repair and Preventative Maintenance Services to CONTRACTOR, attached hereto as Exhibit “A” and made a part hereof, and WHEREAS, the CONTRACTOR provided a responsive and responsible submittal that best meets the CITY needs, attached hereto as Exhibit “B” and made a part hereof, and WHEREAS, the CITY and CONTRACTOR shall enter into an agreement for the Generator Repair and Preventative Maintenance SERVICE as described in IFB 2122-46RB, attached hereto as Exhibit “C” and made a part hereof (hereinafter called IFB).

Docusign Envelope ID: 75DC0C7C-286D-4323-ADFC-62829CD8BD07 27th August
306
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NOW, THEREFORE, the parties hereto mutually agree as follows:

1. THE WORK:
a) CONTRACTOR shall furnish all labor, materials, equipment, fuel, tools, licenses, bonds and
insurance necessary to perform and complete the required work as specified in Exhibit “C”, and in strict accordance with the conditions of the complete AGREEMENT. b) CONTRACTOR shall do and perform the work contemplated hereby in a good workmanlike manner under the direction of and to the satisfaction of the CITY Representative. c) CONTRACTOR shall maintain proper insurance with the CITY for the duration of the AGREEMENT.
d) CONTRACTOR shall maintain a CITY business license for the duration of the AGREEMENT.
e) CONTRACTOR shall furnish said services at the following AGREEMENT rates for an estimated annual amount $54,390. The total amount paid by CITY to CONTRACTOR over the full term of the AGREEMENT shall not exceed $364,440. Unless the services provided are for a lump sum or flat fee, fees for work performed by CONTRACTOR on an hourly basis shall not exceed the amounts shown on Bid attached hereto as Exhibit B.

AGREEMENT PRICING
Service Rates Cost Unit of
Measure
Hourly Rate – Regular Hours $230.00 Hour
Hourly Rate – After Hours, Weekends and Holidays $345.00 Hour Mileage $2.95 Mile
Parts Mark Up 10% Percentage
Emergency Rental Services Cost Unit of
Measure
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Emergency Rental - 50KW (Flat Fee to include all
associated costs) $780.00 Day
Emergency Rental - 250KW (Flat Fee to include all
associated costs) $2,066.00 Day
Emergency Rental - 500KW (Flat Fee to include all
associated costs) $3,536.00 Day
Emergency Rental - 750KW (Flat Fee to include all
associated costs) $4,595.00 Day
Emergency Rental - 1250KW (Flat Fee to include all
associated costs) $8,595.00 Day
Labor Craft Direct Labor Rate*
Fringe Benefit
Rate**
Labor
Markup
(percent)
Price Per
Service
Generator Technician $43.57 /HR $12.30 /HR 0% $55.87 /HR Electrician Foreman $0.00 /HR $0.00 /HR 0% $0.00 /HR
Journey Electrician $0.00 /HR $0.00 /HR 0% $0.00 /HR
Apprentice 2nd Year $24.00 /HR $6.20 /HR 0% $30.20 /HR
*Direct Labor Rate cannot be less than the minimum state prevailing wage. **Provide a copy of the current Fringe Benefit Statement. During the term of the agreement, ensure the City has a copy of the current, applicable statement on file.

Provide a labor markup percent (%) to be applied to all labor in executing work authorized by this agreement.

2. PREVAILING WAGES:

In accordance with California Labor Code Section 1771, CONTRACTOR shall pay all workers, and shall ensure its subcontractors pay all of their workers, engaged in performing the services described in Exhibit “C” not less than the general prevailing rate of per diem wages for work of a similar character in the locality in which the services described in Exhibit “C” are to be performed, and not less than the general prevailing rate of per diem wages for holiday and overtime work as provided in the California Labor Code.

In accordance with California Labor Code Section 1773.2, the City has obtained the general prevailing wages in the locality in which the services described in Exhibit C are to be performed for each craft or type of work needed to be as published by the State of California Department of Industrial Relations, Division of Labor Statistics and Research, a copy of which is on file in the CITY’s Purchasing Department Docusign Envelope ID: 75DC0C7C-286D-4323-ADFC-62829CD8BD07 #2..
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and shall be made available on request. Contractor must comply with all applicable laws and regulations that apply to wages earned in performance of the services described in Exhibit “C”, including those set forth in Labor Code section 1770 et. seq. and in the IFB.

DIR Project ID#: 527700

3. CITY REPRESENTATIVE:

CITY Representative:

Utilities – Water Division
Tony Benns, Utility Plant Operations Supervisor, (209) 342-4574, [email protected]
Utilities – Wastewater Division
Jennings Facility – Rogelio Munguia, Plant Maintenance Supervisor, (209) 857-0087, [email protected]
Sutter Facility and Lift Stations – Richard Christeson, Plant Maintenance Supervisor, (209) 652-4302, [email protected]
Modesto Police Department
Jeremy Dayton, Operations Supervisor, (209) 652-1067,
[email protected]
Modesto Fire Department
Kathryn Volkerts, AOA III, (209) 480-1449, [email protected] Purchasing Contact:

Melvin Rosal, Buyer, (209) 577-5420, [email protected] The CITY Representative is not authorized to commit the CITY to changes in specifications, requirements, or scope of work, changes in price(s), period of performance or delivery date(s) or method Docusign Envelope ID: 75DC0C7C-286D-4323-ADFC-62829CD8BD07 #2..
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of shipment. Changes of a contractual or business nature shall be effective only by written change to the AGREEMENT, issued by the City of Modesto, Purchasing Division.

4. CONTRACTOR REPRESENTATIVE:

Service Requests Contact: Norma Hunt and Deanna Murillo, (209) 229-1990 Agreement Contact: Victor Poley, (209) 597-0925, [email protected]

5. 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.

Year 1: September 1, 2024 through August 31, 2025
Year 2: September 1, 2025 through August 31, 2026
Year 3: September 1, 2026 through August 31, 2027
Year 4: September 1, 2027 through August 31, 2028
Year 5: September 1, 2028 through August 31, 2029
Pricing as set forth in Section 1.e. above shall remain firm for the first two years of the AGREEMENT.

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

6. LIABILITY INSURANCE:

The CONTRACTOR shall provide, at its own expense, and maintain at all times the following insurance with insurance companies licensed in the State of California and shall provide evidence of such insurance to the CITY as may be required by the City Clerk of the CITY. The policies or certificates thereof shall Docusign Envelope ID: 75DC0C7C-286D-4323-ADFC-62829CD8BD07 #2..
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provide that, at least 30 days prior to cancellation or material change in the policy, 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.
a. General Liability - insurance with a minimum limit of liability per occurrence of $1,000,000 for bodily injury and property damage. If Commercial General Liability Insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit. The insurance shall indicate on the certificate of insurance the following coverage and indicate the policy aggregate limit applying to: premises and operations; broad form contractual; independent contractors and subcontractors; products and completed operations; and/or professional liability. b. Automobile Liability - insurance with a minimum limit of liability per occurrence of $1,000,000 for bodily injury and property damage and transportation related pollution liability. This insurance shall cover any automobile for bodily injury and property damage. c. Workers' Compensation - in compliance with the statutes of the State of California, plus employer's liability with a minimum limit of liability of $1,000,000 per accident for bodily injury or disease.

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 CONTRACTOR shall promptly obtain a new policy, submit the same to the CITY’s Risk Manager for approval and submit a certificate thereof as hereinabove provided. Upon failure of the CONTRACTOR 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 CONTRACTOR to obtain and/or maintain any required insurance shall not relieve the CONTRACTOR from any liability under this Agreement, nor shall the insurance requirements be construed to conflict with or otherwise limit the obligations of the Docusign Envelope ID: 75DC0C7C-286D-4323-ADFC-62829CD8BD07 #2..
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CONTRACTOR concerning indemnification. The CITY, its agents, officers, officials, employees, and volunteers shall be named as an additional insured on all insurance policies required herein, except Workers' Compensation.

The Workers' Compensation insurer shall agree to waive all rights of subrogation against the CITY, its agents, officers, officials, employees, and volunteers for losses arising from work performed by CONTRACTOR for the CITY.

The CONTRACTOR’s insurance policy(ices) 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 CITY’s Risk Manager.

For any claims related to this AGREEMENT, the CONTRACTOR’s insurance coverage shall be primary insurance as respects CITY, its agents, officers, officials, employees, and volunteers. Any insurance or self-insurance maintained by CITY, its agents, officers, officials, employees, or volunteers shall be excess of the CONTRACTOR’s insurance and shall not contribute with it.

7. PAYMENT:

CONTRACTOR shall invoice CITY not less than once per month based on the cost for services performed and reimbursable costs incurred prior to the invoice date. All invoices shall be paid in full the following payment terms within thirty days after completion and acceptance of the Services by the CITY, and receipt of a properly prepared invoice, CITY will pay CONTRACTOR Net 45 Days via manual check. The CITY is exempt from payment of Federal Excise Tax, and all invoices shall be exclusive of such excise tax.

Invoice to: City of Modesto
Attn: Accounts Payable
P.O. Box 642
Modesto, CA 95353
Email to: [email protected]
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At a minimum, invoices shall state the following:
 This AGREEMENT 275316
 CITY department/division name and address
 Billing period
 Service hours worked day and week
 Unit price, extended price, sales tax and total

8. INDEMNITY:

The CONTRACTOR shall hold the CITY, its agents, officials, officers, employees, and volunteers, harmless from and save, defend and indemnify them against any and all claims, losses, liabilities, judgments or damages from every cause, including but not limited to injury to person or property or wrongful death, including reasonable costs and expenses of defense of any judicial or administrative action, arising directly or indirectly out of any negligent or intentional act or omission of CONTRACTOR, or its agents, officials, officers, employees, or volunteers relating to or during the performance of its obligations under this AGREEMENT. CONTRACTOR’s obligation to defend, indemnify, and hold the CITY, its agents, officials, officers, employees, and volunteers harmless under the provisions of this paragraph is not limited to or restricted by any requirement in this AGREEMENT for CONTRACTOR to procure and maintain a policy of insurance.

9. VENUE & GOVERNING LAW:

Venue for any dispute or claim arising or related to this AGREEMENT its performance, breach, or interpretation (including issues about its validity or enforceability), shall be exclusively in the Superior Court of Stanislaus County or the United States District Court for the Eastern District of California Docusign Envelope ID: 75DC0C7C-286D-4323-ADFC-62829CD8BD07 #2..
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This AGREEMENT shall be deemed made in, governed by, performed in, and construed and enforced in accordance with the laws of the State of California, without giving effect to its conflicts of law’s provisions or principles.

10. 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.

11. COMMENCEMENT AND COMPLETION OF THE WORK:

The work contemplated herein shall be commenced after the agreement administrator receives and has on file:

Proofs of insurance (approved by CITY Risk Manager); and Executed Agreement;
a. Resolution No.2024-_______;
b. CONTRACTOR Bid submittal;
c. IFB No. 2122-46RB;
d. Contractor’s City of Modesto business license

12. TERMINATION OF SERVICES:

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 non-performance. Within 10 days after receipt of notification, the breaching party shall correct any non-performance to the reasonable satisfaction of the non-breaching party, or such other Docusign Envelope ID: 75DC0C7C-286D-4323-ADFC-62829CD8BD07 306
#2..
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time as may be identified in the notice. Failure to correct any non-performance shall allow the nonbreaching party to terminate this AGREEMENT for cause.

Termination by City for Convenience: The City may also terminate this AGREEMENT the Contractor's performance under the Agreement, either in whole or in part, at its own discretion and without cause.

Post-Termination Procedure
Upon receipt of a written notice of termination pursuant to either of the foregoing paragraphs, the CONTRACTOR shall:
a. Cease its work as directed in the notice of termination as of the termination date and see to it that its employees, subcontractors and agents are notified of such termination and act as specified in the notice of termination; b. Terminate all orders and subcontracts except as necessary to complete any portion of the SERVICES that are 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, but in no event shall recovery by any CONTRACTOR or subcontractor include lost profits for portions of the SERVICES 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 CONTRACTOR in Docusign Envelope ID: 75DC0C7C-286D-4323-ADFC-62829CD8BD07 #2..
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performing the SERVICES 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 SERVICES 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, CONTRACTOR shall provide sufficient oral or written status reports to make CITY reasonably aware of the status of CONTRACTOR’s work on the SERVICES.
i. CONTRACTOR understands and agrees that CITY may, in CITY’s sole discretion, refuse to pay CONTRACTOR for that portion of CONTRACTOR's SERVICES which were performed by CONTRACTOR on the project prior to the termination date and which remain unacceptable and/or not useful to CONTRACTOR as of the termination date.

CITY will pay CONTRACTOR for SERVICES actually completed prior to the receipt of the termination notice or otherwise completed in accordance with the notice of termination.

The final payment to the CONTRACTOR 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 SERVICES such as subcontractor agreements or contracts for materials;
b. The AGREEMENT price allocable to the portion of the SERVICES Docusign Envelope ID: 75DC0C7C-286D-4323-ADFC-62829CD8BD07 #2..
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properly performed or goods supplied to the work site by the CONTRACTOR as of the date of termination, as determined in accordance with the notice of termination, reduced by any sums previously paid to the CONTRACTOR for such SERVICES.

13. COMPLIANCE WITH ALL LAWS:

CONTRACTOR hereby agrees that CONTRACTOR and its subcontractors, if any, in the performance of the SERVICES described herein, will comply with all federal, state, county and municipal laws, rules and regulations which may be applicable to the work herein contracted for, whether now in existence or hereafter adopted.

14. FAILURE TO PERFORM SATISFACTORY WORK:

It is agreed and understood that if the CONTRACTOR fails to perform the SERVICES as specified herein, CITY's representative may:
a. Consent to accept such unsatisfactory service with an appropriate adjustment in contract price, based on established cost factors, b. Have such required work done by CITY forces or otherwise, and charge the cost thereof to the CONTRACTOR, or
c. Recommend termination of AGREEMENT between said the
CONTRACTOR and the City of Modesto.

Those discrepancies and deficiencies in the SERVICES that remains uncorrected after the date set for correction may be the necessary justification for a billing adjustment in the month following the occurrence. Unless otherwise negotiated, billing adjustments for this incomplete or uncorrected work shall be permanent retention of 100% of the estimated monthly cost for the SERVICES not corrected or completed.

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15. ASSIGNMENT OF RIGHTS:

The CONTRACTOR offers and agrees, and will require all subcontractors and suppliers to agree, to assign to the CITY all rights, title, and interest in and to all causes of action it and they may have under Section 4 of the Clayton Act (15 United States code, Section 15) or under the Cartwright Act (Business and Professions Code, Section 16700 et seq.), arising from the acquisition of goods, services, or materials pursuant to this AGREEMENT or any allowed subcontract. The assignment made by CONTRACTOR and all assignments made by subcontractors and suppliers shall be made and become effective at the time the CITY makes final payment to The CONTRACTOR, without further acknowledgment by the parties (Government Code, Sections 4550-4554).

16. CITY PROCESS/PROCEDURE APPROVALS:

CITY approval of any process or procedure shall not relieve CONTRACTOR of its responsibility to furnish the required SERVICES meeting all specifications contained herein.

17. DIR REGISTRATION:

Pursuant to Labor Code section 1771.1, CONTRACTOR may not engage in the performance of the Services set forth in Exhibit “C”, unless currently registered and qualified to perform public work pursuant to Section 1725.5 thereof. As required in Section 7029.1 of the Business and Professions Code or by Section 10164 or 20103.5 of the Public Contract Code, that during term of this AGREEMENT, CONTRACTOR shall be registered to perform public work pursuant to Section 1725.5 thereof.

18. CONTRACTOR'S RESPONSIBILITY FOR DAMAGES:

If CONTRACTOR damages any property belonging to the CITY or a third party, the CONTRACTOR will be required to make repairs immediately, at CONTRACTOR’s sole cost and expense, to the satisfaction of the CITY. In the event that CONTRACTOR fails to perform the necessary repairs, the CITY may either retain from the money due to CONTRACTOR an amount sufficient to repair the damage Docusign Envelope ID: 75DC0C7C-286D-4323-ADFC-62829CD8BD07 #2..
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or perform the repairs and send an invoice to the CONTRACTOR for such costs, which shall be paid within thirty (30) days.

19. NOTICES:

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

CONTRACTOR: PowerGen Inc.
300 West Larch Road Suite #1
Tracy, CA 95376

CITY: City of Modesto
Purchasing Division
P.O. Box 642
Modesto, CA 95353

Each party may change its address for delivery of notice by delivering written notice of such change of address to the other party.

20. SIGNATORY(IES) FOR CONTRACTOR:

Each signatory for CONTRACTOR below warrants and represents that it is legally competent to, and has full authority to, execute the AGREEMENT.

21. QUANTITIES:

No minimum or maximum is guaranteed or implied.

22. FUNDING:

All annual extensions are based upon continuous funding for that purpose by the City Council. Failure to fund any annual extension shall result in an immediate termination of the AGREEMENT without redress.

23. OTHER GOVERNMENT/PUBLICLY FUNDED AGENCIES:

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If mutually agreeable to all parties, the issuance of any resultant contract/purchase order referencing these specifications and modified by mutual agreement between all parties may be extended to other government or publicly funded agencies. It shall be understood that all terms and conditions as specified herein shall apply.

Docusign Envelope ID: 75DC0C7C-286D-4323-ADFC-62829CD8BD07 #2..
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c. The CONTRACTOR shall include the nondiscrimination and compliance provisions of this clause in any allowed subcontracts to perform SERVICES. d. The Contractor shall permit access by representatives of the Department of Fair Employment and Housing and the CITY upon reasonable notice at any time during the normal business hours, but in no case less than 24 hours’ notice, to such of its books, records, accounts, other sources of information and its facilities as said Department or CITY shall require to ascertain compliance with this AGREEMENT.
e. By executing this AGREEMENT, CONTRACTOR certifies that it shall follow and be in compliance with the Americans with Disabilities Act of 1990, the applicable administrative requirements promulgated in response thereto, and any other applicable Federal laws and regulations relating to handicap discrimination and participation and will continue to do so for at least the duration of the AGREEMENT and any extensions thereof.

25. CONTRACTOR LICENSES & PERMITS:

CONTRACTOR warrants and represents that it possesses and shall maintain all licenses, and shall secure and maintain all necessary permits, necessary to perform the SERVICES.

26. RECORDS:

All final versions of reports, data, maps, models, charts, studies, surveys, photographs, memoranda, plans, studies, specifications, records, files, or any other documents or materials, in electronic or any other form, that CONTRACTOR prepares or obtains pursuant to this Agreement and that relate to the matters covered hereunder shall be the property of the CITY. CONTRACTOR hereby agrees to deliver those documents to the CITY upon termination of the AGREEMENT, and the CITY may use, reuse or otherwise dispose of the documents without CONTRACTOR’s permission. It is understood and agreed that the documents and other materials, including but not limited to those described above, prepared pursuant to this Docusign Envelope ID: 75DC0C7C-286D-4323-ADFC-62829CD8BD07 #2..
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AGREEMENT are prepared specifically for the City and are not necessarily suitable for any future or other use.

27. FACILITIES AND EQUIPMENT:

Except as set forth herein, CONTRACTOR shall, at its sole cost and expense, provide all facilities and equipment that may be necessary to perform the services required by this AGREEMENT. CITY shall make available to CONTRACTOR only the facilities and equipment listed in EXHIBIT “B” and “C”, and only under the terms and conditions set forth herein.

28. INDEPENDENT CONTRACTOR; NOT AGENT:

At all times during the term of this AGREEMENT, CONTRACTOR shall be an independent contractor and shall not be an employee of CITY. CITY shall have the right to control CONTRACTOR only insofar as the results of CONTRACTOR’s services rendered pursuant to this AGREEMENT. Except as City may specify in writing, CONTRACTOR shall have no authority, express or implied, to act on behalf of CITY in any capacity whatsoever as an agent. CONTRACTOR shall have no authority, express or implied, pursuant to this AGREEMENT to bind City to any obligation whatsoever.

29. DRUG FREE WORKPLACE:

CONTRACTOR certifies that it is following and in compliance with Sections 8350 - 8355 of Chapter 5.5 of the Government Code, Drug Free Workplace Act whereby each person or organization awarded a contract/purchase order or grant for the procurement of any property or service from any state agency (city) shall certify to the contracting or granting agency that it will provide a drug free workplace.

30. ASSIGNMENT:

Neither this AGREEMENT nor any SERVICES hereunder shall be subcontracted or assigned by CONTRACTOR without the prior written consent of the CITY in each and every instance.

31. WAIVER:

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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.

32. HEADINGS NOT CONTROLLING:

Headings used in the Agreement are for reference purposes only and shall not be considered in construing this AGREEMENT.

33. MISCELLANEOUS:

Time is of the essence in CONTRACTOR’s performance under each provision of this AGREEMENT.

34. ENTIRE AGREEMENT:

This Agreement and its exhibits contain the entire understanding between CONTRACTOR and CITY.

Additional or new terms contained in this AGREEMENT which vary from CONTRACTOR’S bid are controlling and are deemed accepted by CONTRACTOR by performance of any SERVICES or other commencement of performance hereunder. The terms and conditions of the IFB, attached hereto as Exhibit C, are incorporated herein. In the event of a conflict between the IFB and this AGREEMENT, this AGREEMENT shall control. All previous bids, 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 or exception to any of the terms, conditions, and provisions of this AGREEMENT shall be considered valid unless specifically agreed to in writing by the parties.

35. 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.

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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 attested 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 PowerGen Inc. has caused this Agreement to be duly executed.

Docusign Envelope ID: 75DC0C7C-286D-4323-ADFC-62829CD8BD07 306
August
27th
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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 # ___________
Docusign Envelope ID: 75DC0C7C-286D-4323-ADFC-62829CD8BD07 PowerGen Inc.

Victor Poley
811050033
CEO
8/30/2024
#2..
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ANNUAL AGREEMENT NO 275315

FOR GENERATOR REPAIR AND PREVENTATIVE MAINTENANCE SERVICES BAY CITY EQUIPMENT INDUSTRIES, INC. DBA BAY CITY ELECTRIC WORKS This agreement, hereinafter called AGREEMENT, made and entered into in the City of Modesto, State of California, this ______ day of _________, 2024, by and between the City of Modesto, a municipal corporation of the State of California, hereinafter called CITY, and Bay City Equipment Industries, Inc. dba Bay City Electric Works, a California Corporation, hereinafter called CONTRACTOR.

W I T N E S E T H:

WHEREAS, the Modesto City Council adopted Resolution No. 2024- _______authorizing the Award of Bid and agreement for the Generator Repair and Preventative Maintenance Services to CONTRACTOR, attached hereto as Exhibit “A” and made a part hereof, and WHEREAS, the CONTRACTOR provided a responsive and responsible submittal that best meets the CITY needs, attached hereto as Exhibit “B” and made a part hereof, and Docusign Envelope ID: E078AAA8-5727-4CD2-80A1-8A5B58B6DC0C 27th
306
August
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WHEREAS, the CITY and CONTRACTOR shall enter into an agreement for the Generator Repair and Preventative Maintenance SERVICE as described in IFB 2122-46RB, attached hereto as Exhibit “C” and made a part hereof (hereinafter called IFB).

NOW, THEREFORE, the parties hereto mutually agree as follows:

1. THE WORK:
a) CONTRACTOR shall furnish all labor, materials, equipment, fuel, tools, licenses, bonds and
insurance necessary to perform and complete the required work as specified in Exhibit “C”, and in strict accordance with the conditions of the complete AGREEMENT. b) CONTRACTOR shall do and perform the work contemplated hereby in a good workmanlike manner under the direction of and to the satisfaction of the CITY Representative. c) CONTRACTOR shall maintain proper insurance with the CITY for the duration of the AGREEMENT.
d) CONTRACTOR shall maintain a CITY business license for the duration of the AGREEMENT.
e) CONTRACTOR shall furnish said services at the following AGREEMENT rates for an estimated annual amount $126,910. The total amount paid by CITY to CONTRACTOR over the full term of the AGREEMENT shall not exceed $850,360. Unless the services provided are for a lump sum or flat fee, fees for work performed by CONTRACTOR on an hourly basis shall not exceed the amounts shown on Bid attached hereto as Exhibit B.

AGREEMENT PRICING
Service Rates Cost Unit of
Measure
Hourly Rate – Regular Hours $180.00 Hour
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Hourly Rate – After Hours, Weekends and Holidays $270.00 Hour Mileage $2.75 Mile
Parts Mark Up 10% Percentage
Emergency Rental Services Cost Unit of
Measure
Emergency Rental - 50KW (Flat Fee to include all
associated costs) $2,253.00 Day
Emergency Rental - 250KW (Flat Fee to include all
associated costs) $2,901.00 Day
Emergency Rental - 500KW (Flat Fee to include all
associated costs) $3,551.30 Day
Emergency Rental - 750KW (Flat Fee to include all
associated costs) $4,676.00 Day
Emergency Rental - 1250KW (Flat Fee to include all
associated costs) $5,896.74 Day
Labor Craft Direct Labor Rate*
Fringe Benefit
Rate**
Labor
Markup
(percent)
Price Per
Service
Generator Technician $180 /HR N/A 0% $180 /HR
Electrician Foreman $180 /HR N/A 0% $180 /HR
Journey Electrician $180 /HR N/A 0% $180 /HR
Apprentice 2nd Year $180 /HR N/A 0% $180 /HR
*Direct Labor Rate cannot be less than the minimum state prevailing wage. **Provide a copy of the current Fringe Benefit Statement. During the term of the agreement, ensure the City has a copy of the current, applicable statement on file.

Provide a labor markup percent (%) to be applied to all labor in executing work authorized by this agreement.

2. PREVAILING WAGES:

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In accordance with California Labor Code Section 1773.2, the City has obtained the general prevailing wages in the locality in which the services described in Exhibit C are to be performed for each craft or type of work needed to be as published by the State of California Department of Industrial Relations, Division of Labor Statistics and Research, a copy of which is on file in the CITY’s Purchasing Department and shall be made available on request. Contractor must comply with all applicable laws and regulations that apply to wages earned in performance of the services described in Exhibit “C”, including those set forth in Labor Code section 1770 et. seq. and in the IFB.

DIR Project ID#: 527646

3. CITY REPRESENTATIVE:

CITY Representative:

Melvin Rosal, Buyer, (209) 577-5420, [email protected] The CITY Representative is not authorized to commit the CITY to changes in specifications, requirements, or scope of work, changes in price(s), period of performance or delivery date(s) or method of shipment. Changes of a contractual or business nature shall be effective only by written change to the AGREEMENT, issued by the City of Modesto, Purchasing Division.

4. CONTRACTOR REPRESENTATIVE:

Service Request Contact: (866) 938-8200
Matt Abrahamson – Service Manager, [email protected] Jordan Gonzalez – Assistant Service Manager & Service Coordinator, [email protected]
Jennifer Sexton – Service Coordinator, [email protected] Agreement Contact: Robert Gonzalez, (925) 453-1918, [email protected]

5. 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.

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

6. LIABILITY INSURANCE:

The CONTRACTOR shall provide, at its own expense, and maintain at all times the following insurance with insurance companies licensed in the State of California and shall provide evidence of such insurance to the CITY as may be required by the City Clerk of the CITY. The policies or certificates thereof shall provide that, at least 30 days prior to cancellation or material change in the policy, 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.
a. General Liability - insurance with a minimum limit of liability per occurrence of $1,000,000 for bodily injury and property damage. If Commercial General Liability Insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit. The insurance shall indicate on the certificate of insurance the following coverage and indicate the policy aggregate limit applying to: premises and operations; broad form contractual; independent contractors and subcontractors; products and completed operations; and/or professional liability. b. Automobile Liability - insurance with a minimum limit of liability per occurrence of $1,000,000 for bodily injury and property damage and transportation related pollution liability. This insurance shall cover any automobile for bodily injury and property damage. c. Workers' Compensation - in compliance with the statutes of the State of California, plus Docusign Envelope ID: E078AAA8-5727-4CD2-80A1-8A5B58B6DC0C #2..
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employer's liability with a minimum limit of liability of $1,000,000 per accident for bodily injury or disease.

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 CONTRACTOR shall promptly obtain a new policy, submit the same to the CITY’s Risk Manager for approval and submit a certificate thereof as hereinabove provided. Upon failure of the CONTRACTOR 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 CONTRACTOR to obtain and/or maintain any required insurance shall not relieve the CONTRACTOR from any liability under this Agreement, nor shall the insurance requirements be construed to conflict with or otherwise limit the obligations of the CONTRACTOR concerning indemnification. The CITY, its agents, officers, officials, employees, and volunteers shall be named as an additional insured on all insurance policies required herein, except Workers' Compensation.

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7. PAYMENT:

Invoice to: City of Modesto
Attn: Accounts Payable
P.O. Box 642
Modesto, CA 95353
Email to: [email protected]
At a minimum, invoices shall state the following:
 This AGREEMENT 275315
 CITY department/division name and address
 Billing period
 Service hours worked day and week
 Unit price, extended price, sales tax and total

8. INDEMNITY:

The CONTRACTOR shall hold the CITY, its agents, officials, officers, employees, and volunteers, harmless from and save, defend and indemnify them against any and all claims, losses, liabilities, judgments or damages from every cause, including but not limited to injury to person or property or wrongful death, including reasonable costs and expenses of defense of any judicial or administrative action, arising directly or indirectly out of any negligent or intentional act or omission of CONTRACTOR, or its agents, officials, officers, employees, or volunteers relating to or during the performance of its obligations under this AGREEMENT. CONTRACTOR’s obligation to defend, indemnify, and hold the Docusign Envelope ID: E078AAA8-5727-4CD2-80A1-8A5B58B6DC0C #2..
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CITY, its agents, officials, officers, employees, and volunteers harmless under the provisions of this paragraph is not limited to or restricted by any requirement in this AGREEMENT for CONTRACTOR to procure and maintain a policy of insurance.

9. VENUE & GOVERNING LAW:

Venue for any dispute or claim arising or related to this AGREEMENT its performance, breach, or interpretation (including issues about its validity or enforceability), shall be exclusively in the Superior Court of Stanislaus County or the United States District Court for the Eastern District of California This AGREEMENT shall be deemed made in, governed by, performed in, and construed and enforced in accordance with the laws of the State of California, without giving effect to its conflicts of law’s provisions or principles.

10. ATTORNEYS’ FEES:

11. COMMENCEMENT AND COMPLETION OF THE WORK:

The work contemplated herein shall be commenced after the agreement administrator receives and has on file:

Proofs of insurance (approved by CITY Risk Manager); and Executed Agreement;
a. Resolution No.2024-_______;
b. CONTRACTOR Bid submittal;
c. IFB No. 2122-46RB;
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d. Contractor’s City of Modesto business license

12. TERMINATION OF SERVICES:

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 non-performance. Within 10 days after receipt of notification, the breaching party shall correct any non-performance 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 nonbreaching party to terminate this AGREEMENT for cause.

Termination by City for Convenience: The City may also terminate this AGREEMENT the Contractor's performance under the Agreement, either in whole or in part, at its own discretion and without cause.

Post-Termination Procedure
Upon receipt of a written notice of termination pursuant to either of the foregoing paragraphs, the CONTRACTOR shall:
a. Cease its work as directed in the notice of termination as of the termination date and see to it that its employees, subcontractors and agents are notified of such termination and act as specified in the notice of termination; b. Terminate all orders and subcontracts except as necessary to complete any portion of the SERVICES that are 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, but in no event shall recovery by Docusign Envelope ID: E078AAA8-5727-4CD2-80A1-8A5B58B6DC0C #2..
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any CONTRACTOR or subcontractor include lost profits for portions of the SERVICES 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 CONTRACTOR in performing the SERVICES 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 SERVICES 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, CONTRACTOR shall provide sufficient oral or written status reports to make CITY reasonably aware of the status of CONTRACTOR’s work on the SERVICES.
i. CONTRACTOR understands and agrees that CITY may, in CITY’s sole discretion, refuse to pay CONTRACTOR for that portion of CONTRACTOR's SERVICES which were performed by CONTRACTOR on the project prior to the termination date and which remain unacceptable and/or not useful to CONTRACTOR as of the termination date.

CITY will pay CONTRACTOR for SERVICES actually completed prior to the receipt of the termination notice or otherwise completed in accordance with the notice of termination.

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The final payment to the CONTRACTOR 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 SERVICES such as subcontractor agreements or contracts for materials;
b. The AGREEMENT price allocable to the portion of the SERVICES properly performed or goods supplied to the work site by the CONTRACTOR as of the date of termination, as determined in accordance with the notice of termination, reduced by any sums previously paid to the CONTRACTOR for such SERVICES.

13. COMPLIANCE WITH ALL LAWS:

14. FAILURE TO PERFORM SATISFACTORY WORK:

It is agreed and understood that if the CONTRACTOR fails to perform the SERVICES as specified herein, CITY's representative may:
a. Consent to accept such unsatisfactory service with an appropriate adjustment in contract price, based on established cost factors, b. Have such required work done by CITY forces or otherwise, and charge the cost thereof to the CONTRACTOR, or
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c. Recommend termination of AGREEMENT between said the
CONTRACTOR and the City of Modesto.

15. ASSIGNMENT OF RIGHTS:

16. CITY PROCESS/PROCEDURE APPROVALS:

CITY approval of any process or procedure shall not relieve CONTRACTOR of its responsibility to furnish the required SERVICES meeting all specifications contained herein.

17. DIR REGISTRATION:

Pursuant to Labor Code section 1771.1, CONTRACTOR may not engage in the performance of the Services set forth in Exhibit “C”, unless currently registered and qualified to perform public work pursuant to Section 1725.5 thereof. As required in Section 7029.1 of the Business and Professions Code or by Docusign Envelope ID: E078AAA8-5727-4CD2-80A1-8A5B58B6DC0C #2..
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Section 10164 or 20103.5 of the Public Contract Code, that during term of this AGREEMENT, CONTRACTOR shall be registered to perform public work pursuant to Section 1725.5 thereof.

18. CONTRACTOR'S RESPONSIBILITY FOR DAMAGES:

If CONTRACTOR damages any property belonging to the CITY or a third party, the CONTRACTOR will be required to make repairs immediately, at CONTRACTOR’s sole cost and expense, to the satisfaction of the CITY. In the event that CONTRACTOR fails to perform the necessary repairs, the CITY may either retain from the money due to CONTRACTOR an amount sufficient to repair the damage or perform the repairs and send an invoice to the CONTRACTOR for such costs, which shall be paid within thirty (30) days.

19. NOTICES:

CONTRACTOR: Bay City Electric Works
13625 Danielson Street
Poway, CA 92064

CITY: City of Modesto
Purchasing Division
P.O. Box 642
Modesto, CA 95353

Each party may change its address for delivery of notice by delivering written notice of such change of address to the other party.

20. SIGNATORY(IES) FOR CONTRACTOR:

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Each signatory for CONTRACTOR below warrants and represents that it is legally competent to, and has full authority to, execute the AGREEMENT.

21. QUANTITIES:

No minimum or maximum is guaranteed or implied.

22. FUNDING:

23. OTHER GOVERNMENT/PUBLICLY FUNDED AGENCIES:

If mutually agreeable to all parties, the issuance of any resultant contract/purchase order referencing these specifications and modified by mutual agreement between all parties may be extended to other government or publicly funded agencies. It shall be understood that all terms and conditions as specified herein shall apply.

24. NON-DISCRIMINATION:
a. During the performance of this AGREEMENT, CONTRACTOR and any allowed subcontractors shall not unlawfully discriminate against any employee or applicant for employment because of race, color, ancestry, religion, sex, national origin, marital status, age, medical condition (cancer related), physical handicap (including AIDS), sexual orientation, or any other basis prohibited by Federal or California law. Equal employment opportunity extends, but is not limited to recruitment, compensation, benefits, layoff, termination, and all other conditions of employment. The CONTRACTOR and any allowed subcontractors shall ensure that the evaluation and treatment of their employees and applicants for employment are free of such discrimination. The CONTRACTOR and any allowed subcontractors shall comply with the provisions of the Fair Employment and Housing Act (Government Code, Section 12900 et seq.) and the applicable regulations promulgated thereunder (California Docusign Envelope ID: E078AAA8-5727-4CD2-80A1-8A5B58B6DC0C #2..
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Administrative Code, Title 2, and Section 7285.0 et seq.). The applicable regulations of the Fair Employment and Housing Commission implementing Government Code, Section 12900, set forth in Chapter 5 of Division 4 of Title 2 of the California Administrative Code are incorporated into this contract by reference and made a part hereof as if set forth in full. b. The CONTRACTOR and any allowed subcontractors shall give written notice of their obligations under this clause to labor organizations with which they have a collective bargaining or other agreement.
c. The CONTRACTOR shall include the nondiscrimination and compliance provisions of this clause in any allowed subcontracts to perform SERVICES. d. The Contractor shall permit access by representatives of the Department of Fair Employment and Housing and the CITY upon reasonable notice at any time during the normal business hours, but in no case less than 24 hours’ notice, to such of its books, records, accounts, other sources of information and its facilities as said Department or CITY shall require to ascertain compliance with this AGREEMENT.
e. By executing this AGREEMENT, CONTRACTOR certifies that it shall follow and be in compliance with the Americans with Disabilities Act of 1990, the applicable administrative requirements promulgated in response thereto, and any other applicable Federal laws and regulations relating to handicap discrimination and participation and will continue to do so for at least the duration of the AGREEMENT and any extensions thereof.

25. CONTRACTOR LICENSES & PERMITS:

CONTRACTOR warrants and represents that it possesses and shall maintain all licenses, and shall secure Docusign Envelope ID: E078AAA8-5727-4CD2-80A1-8A5B58B6DC0C #2..
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and maintain all necessary permits, necessary to perform the SERVICES.

26. RECORDS:

All final versions of reports, data, maps, models, charts, studies, surveys, photographs, memoranda, plans, studies, specifications, records, files, or any other documents or materials, in electronic or any other form, that CONTRACTOR prepares or obtains pursuant to this Agreement and that relate to the matters covered hereunder shall be the property of the CITY. CONTRACTOR hereby agrees to deliver those documents to the CITY upon termination of the AGREEMENT, and the CITY may use, reuse or otherwise dispose of the documents without CONTRACTOR’s permission. 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.

27. FACILITIES AND EQUIPMENT:

28. INDEPENDENT CONTRACTOR; NOT AGENT:

At all times during the term of this AGREEMENT, CONTRACTOR shall be an independent contractor and shall not be an employee of CITY. CITY shall have the right to control CONTRACTOR only insofar as the results of CONTRACTOR’s services rendered pursuant to this AGREEMENT. Except as City may specify in writing, CONTRACTOR shall have no authority, express or implied, to act on behalf of CITY in any capacity whatsoever as an agent. CONTRACTOR shall have no authority, express or implied, Docusign Envelope ID: E078AAA8-5727-4CD2-80A1-8A5B58B6DC0C #2..
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pursuant to this AGREEMENT to bind City to any obligation whatsoever.

29. DRUG FREE WORKPLACE:

30. ASSIGNMENT:

Neither this AGREEMENT nor any SERVICES hereunder shall be subcontracted or assigned by CONTRACTOR without the prior written consent of the CITY in each and every instance.

31. 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.

32. HEADINGS NOT CONTROLLING:

Headings used in the Agreement are for reference purposes only and shall not be considered in construing this AGREEMENT.

33. MISCELLANEOUS:

Time is of the essence in CONTRACTOR’s performance under each provision of this AGREEMENT.

34. ENTIRE AGREEMENT:

This Agreement and its exhibits contain the entire understanding between CONTRACTOR and CITY.

Additional or new terms contained in this AGREEMENT which vary from CONTRACTOR’S bid are controlling and are deemed accepted by CONTRACTOR by performance of any SERVICES or other commencement of performance hereunder. The terms and conditions of the IFB, attached hereto as Docusign Envelope ID: E078AAA8-5727-4CD2-80A1-8A5B58B6DC0C #2..
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Exhibit C, are incorporated herein. In the event of a conflict between the IFB and this AGREEMENT, this AGREEMENT shall control. All previous bids, 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 or exception to any of the terms, conditions, and provisions of this AGREEMENT shall be considered valid unless specifically agreed to in writing by the parties.

35. PARTIAL INVALIDITY:

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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 attested 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 Bay City Equipment Industries, Inc. dba Bay City Electric Works has caused this Agreement to be duly executed.

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306 27th
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CITY OF MODESTO,
a municipal corporation
BY: ____________________________
JOSEPH P. LOPEZ, City Manager
ATTEST:
(Seal)
BY: ____________________________

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

BY: ____________________________
MATTHEW BRALEY, ARM-PE, Risk Manager
Federal ID # ___________
Docusign Envelope ID: E078AAA8-5727-4CD2-80A1-8A5B58B6DC0C Bay City Electric Works
01-0903942
Brian P Duarte VP of Operations
9/3/2024
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California Levine Act Disclosure
California Government Code Section 84308, also known as the "Levine Act", prohibits City “officers” from participating in any action related to a license, permit, or other entitlement for use (a “proceeding”) if such member accepts, solicits, or directs political contributions from a party to the proceeding or their agent totaling more than $500 while the proceeding is pending before the agency, and for twelve (12) months following the date a decision concerning the proceeding has been made. The Levine Act also requires disclosure of such contribution by a party to the proceeding.

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

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

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

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

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

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

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

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

_____________________________
Company/Applicant Name
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CITY OF MODESTO

COMMITTEE AGENDA REPORT
DATE OF MEETING:

November 17, 2025
Date: October 15, 2025
TO: Finance Committee
Rosa Escutia-Braaton, Chair
David Wright, Vice-Chair
Nick Bavaro
THROUGH: Joseph P. Lopez, City Manager
FROM: Jeremy Rogers, Director of Parks, Recreation & Neighborhoods SUBJECT: Third Amendment to Agreement for Golf Management and Maintenance Services CONTACT: Jessica Franco, Administrative Analyst II, [email protected], 209-577- 5278
DESCRIPTION:

Consider the Third Amendment with BrightView Golf Maintenance, Inc., Modesto, CA., in partnership with KemperSports Management, Northbrook, IL., for Golf Management and Maintenance Services increasing the Agreement amount by $6,612,832 and extending the term of the Agreement from December 31, 2025 to December 31, 2026, and one (1) one-year extension option (January 1, 2027 to December 31, 2027) and forwarding to Council for approval. (Funding Source: Golf Fund)
STRATEGIC PLAN ELEMENT:

This item is consistent with the City of Modesto 2025-2026 Strategic Plan Area of Focus:

Governance and Service Delivery.

BACKGROUND:

In Fiscal Year 2020-21, the City Manager authorized the Purchasing Manager to issue a formal Request for Proposals (RFP) for the furnishing of Golf Course Management and Maintenance Services.

On December 8, 2020, by Resolution 2020-537, Council approved the award of proposal and Agreement for furnishing Golf Course Maintenance and Management Services to BrightView Golf Maintenance, Inc., in partnership with KemperSports Management for a three-year agreement with two (2), two-year extension options for an annual estimated cost of $2,632,648 and a total not to exceed $18,428,536.

On November 7, 2023, by Resolution 2023-486, Council approved the First Amendment with BrightView Golf Maintenance, Inc. in partnership with KemperSports Management for Golf Management and Maintenance Services for a revised total not to exceed $13,987,536 and #3..
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extending the term of the Agreement to December 31, 2025. This action exercised the first of two extension options.

On June 4, 2024, by Resolution 2024-209, Council approved the Second Amendment increasing the Agreement amount with BrightView Golf Maintenance, Inc. in partnership with KemperSports Management for Golf Management and Maintenance Services by $175,202 for a revised total not to exceed $14,162,738.

DISCUSSION:

The current Agreement with BrightView is nearing the end of its second term on December 31, 2025. The total term of the original agreement is a three-year agreement with (2) two-year extensions for a total of seven years.

Staff met with BrightView to discuss the second extension of two years (January 2026 – December 2027). Due to the anticipated completion of the Dryden Golf Course Clubhouse project in 2027, staff proposed a one-year extension with one additional year extension. This would allow enough time to start a Request for Proposal process for a new Golf Course Management and Maintenance Agreement.

The goal is to have a new agreement for Golf Course Management and Maintenance alongside the opening of the new Clubhouse at Dryden. Significant changes to the operation of Dryden would be required due to the new restaurant and other new amenities. As a result, the scope of services would be significantly different to the existing service agreement with BrightView. In response, BrightView agreed and requested an increase of 2.9% based on the West Urban Consumer Price Index (CPI) to the maintenance services for the extension. The overall agreement total was calculated by forecasting CPI percentage increases based on an average of the CPI index over the last twelve (12) months. City staff projected the annual increase based on this estimated forecast. Annual increases will be calculated using the current CPI index at the time of the requested increase.

Staff and BrightView also discussed amending the amount for Operation Management services.

The funding for these services is the City’s total operating budget for Creekside and Dryden Golf Courses. Staff budgeted $1,491,146 for FY2025-26 citing increased costs in payroll expenses, food and beverage expenses, and range expenses.

As a result, staff is recommending a $6,612,832 increase to the Agreement for the extension.

This increase represents a $3,306,416 annual amount per year. 3rd Amendment
Annual Expenditures 2026 Price
Increase
2027 Opt. Ext.

Proposed
Total
increase for
(2) years
Current (2.9% CPI) (5.4% inflator)
Landscape Maintenance $1,338,964 Yr $1,377,794 $1,452,195 $2,829,989 Operation Management* $1,414,737 Yr $1,452,016 $1,530,425 $2,982,441 Water Utility $176,315 Yr $181,428 $191,226 $372,654
Marketing Budget* $18,000 Yr $18,522 $19,523 $38,045
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Vandalism/Arbor Care/Capital Improvements $118,631 Yr $122,071 $128,664 $250,735 Irrigation Repairs $28,000 Yr $28,812 $30,368 $59,180
Field Maintenance (MUNI) $33,500 Yr $34,472 $36,333 $70,805 Green Waste and Litter Removal (MUNI) $4,250 Yr $4,373 $4,610 $8,983 Maintenance $1,699,660 $1,748,950 $1,843,396 $3,592,346 Management $1,432,737 $1,470,538 $1,549,948 $3,020,486
Grand Total $3,132,397 $3,219,488 $3,393,344 $6,612,832 Modesto Municipal Code Section 8-3.203 generally requires all purchases, which meet or exceed $100,000 for material, equipment, or contractual services to be formally bid. However, exceptions to the formal bidding process are granted in MMC 8-3.204(e) where the Purchasing Manager, her discretion, determines that it is appropriate to amend the services provided under an existing agreement to include additional similar services, of limited quantity or scope, in order to increase efficiency and avoid delays or disruptions to City projects or services. The new amenities resulting from the Dryden Clubhouse project will significantly change the scope of services needed at the Golf Courses. As a result, a new agreement is required to meet the new services needed.

FISCAL IMPACT:

Staff is requesting an increase of $6,612,832 to the Agreement for the extension. The following summarizes compensation paid for the Agreement ending December 31, 2025:

Actuals
2021 2022 2023 2024 2025 YTD* Total
Maintenance $1,478,798 $1,478,798 $1,357,965 $1,651,897 $1,271,483 $7,238,941 Management $874,722 $1,150,655 $1,112,026 $1,161,949 $956,869 $5,256,221 Total $2,353,520 $2,629,453 $2,469,991 $2,813,846 $2,228,352 $12,495,162 *Actuals through September 2025.

The proposed amendment will increase the Agreement by $6,612,832 for a revised annual amount of $3,306,416. This increase was budgeted for FY25-26 and included during the annual budget process.

Current
Annual Amount
Amended
Annual Amount Increase
Maintenance $1,699,660 $1,796,173 $96,513
Management $1,432,737 $1,510,243 $77,506
Total $3,132,397 $3,306,416 $174,019
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RECOMMENDED COMMITTEE ACTION:

Staff Recommendations:

Motion recommending a Third Amendment to the Agreement with BrightView Golf Maintenance, Inc., Modesto, CA., in partnership with KemperSports Management, Northbrook, IL., for Golf Management and Maintenance Services increasing the Agreement amount by $6,612,832, to a new estimated annual amount of $3,306,416, a new total amount of $20,775,570 through the term of the agreement and extending the term of the Agreement from December 31, 2025 to December 31, 2026 and one (1) one-year extension option (January 1, 2027 to December 31, 2027); and forwarding to Council for approval.

Approved by:

Jeremy Rogers, Director of Parks, Recreation &
Neighborhoods
Joseph P. Lopez, City Manager
Attachments:

1. Golf Management & Maintenance Services Agreement - Third Amendment

2. Golf Management & Maintenance Services Agreement

3. Golf Management & Maintenance Services Agreement – First Amendment

4. Golf Management & Maintenance Services Agreement – Second Amendment

5. CA Levine Act Disclosure Forms (2)
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1 THIRD AMENDMENT TO AGREEMENT
WITH BRIGHTVIEW GOLF MAINTENANCE INC. IN PARTNERSHIP WITH

KEMPERSPORTS MANAGEMENT FOR GOLF MANAGEMENT AND

MAINTENANCE SERVICES
This Third Amendment to the Agreement for Golf Management and Maintenance Services (“Third Amendment”), is entered into between the CITY OF MODESTO, a municipal corporation of the State of California (hereinafter the "City") and BRIGHTVIEW GOLF MAINTENANCE, INC., Calabasas, CA, in partnership with KEMPERSPORTS MANAGEMENT, Modesto, CA, a California corporation (hereinafter collectively referred to as "Contractor") as of ___________, 2025.

RECITALS
This Third Amendment for Golf Management and Maintenance Services is made with regard to the following recitals:

WHEREAS, CITY and CONTRACTOR previously entered into an Agreement for the furnishing of Golf Course Management services for Creekside Golf Course and Dryden Golf Course, and Golf Course Maintenance services for all city owned golf courses on the 8th day of December 2020 (the “Original Agreement”), and
WHEREAS, CITY and CONTRACTOR previously approved the First Amendment to extend the Original Agreement for an additional two-year period (January 1, 2024 to December 31, 2025) and to amend the provisions of the Original Agreement to increase compensation paid for the scope of services identified in the Original Agreement, and WHEREAS, CITY and CONTRACTOR previously approved the Second Amendment to amend the provisions of the Original Agreement to increase compensation paid for the scope of services identified in the Original Agreement, and #3..
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2 WHEREAS, CITY and CONTRACTOR desire to amend the Original Agreement to add one (1) additional one-year period from (January 1, 2026 to December 31, 2026) and one (1) one-year extension (January 1, 2027 to December 31, 2027), and WHEREAS, CITY and CONTRACTOR desire to amend the provisions of the Original Agreement to increase the compensation by $87,091 from $3,132,397 to $3,219,488.

All other provisions of the Original Agreement shall remain in effect.

NOW, THEREFORE, in consideration of this Third Amendment, and the mutual promises, covenants, and stipulations contained in the Original Agreement and this Third Amendment, the parties agree as follows:

1. Section 1, subparagraph (d) shall be replaced in its entirety with the following:
“d. CONTRACTOR shall furnish said services at the contracted rates as specified and attached hereto as Exhibit “E” and made a part hereof, at an estimated annual amount for years six (6) and seven (7) of $3,306,416. For a new amount not to exceed $20,775,570.”

2. Section 1, shall be amended to include the following:
“e. PREVAILING WAGES: In accordance with California Labor Code Section 1771, CONTRACTOR shall pay all workers, and shall ensure its subcontractors pay all of their workers, engaged in performing the services described in Exhibit “B” not less than the general prevailing rate of per diem wages for work of a similar character in the locality in which the services described in Exhibit “B” are to be performed, and not less than the general prevailing rate of per diem wages for holiday and overtime work as provided in the California Labor Code. In accordance with California Labor Code Section 1773.2, the City has obtained the #3..
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3 general prevailing wages in the locality in which the services described in Exhibit B are to be performed for each craft or type of work needed to be as published by the State of California Department of Industrial Relations, Division of Labor Statistics and Research, a copy of which is on file in the CITY’s Purchasing Department and shall be made available on request. Contractor must comply with all applicable laws and regulations that apply to wages earned in performance of the services described in Exhibit “B”, including those set forth in Labor Code section 1770 et. seq. and in the RFP.

DIR Project ID#: 499705”

3. Paragraph (1) of Section 3 “Term of Contract” shall be replaced in its entirety with the following:
“The term of the contract shall be for a period of three (3) years, with four (4) one-year extension options at the sole discretion of the CITY, for a total of up to seven (7) years.

Year 1: January 1, 2021 through December 31, 2021
Year 2: January 1, 2022 through December 31, 2022
Year 3: January 1, 2023 through December 31, 2023
Year 4: January 1, 2024 through December 31, 2024
Year 5: January 1, 2025 through December 31, 2025
Year 6: January 1, 2026 through December 31, 2026
Year 7: January 1, 2027 through December 31, 2027”
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4 4. Except as modified and amended by this Third Amendment to the Original Agreement, all other provisions of the Original Agreement shall remain unchanged and in full force and effect.
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5 IN WITNESS WHEREOF, the CITY OF MODESTO, a municipal corporation, has authorized the execution of this Third Amendment by its City Manager and attestation by its City Clerk under the authority of Resolution No. __________, on the _____ day of ___________, 2025, and BRIGHTVIEW GOLF MAINTENANCE, INC., Calabasas, CA, in partnership with KEMPERSPORTS MANAGEMENT, Modesto, CA, has caused this Third Amendment to be duly executed as of the Effective Date.
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6 EXHIBIT E

PRICING SCHEDULE

THE PAYMENT OF PREVAILING WAGE IS REQUIRED
ESTIMATED ANNUAL QTY x UNIT PRICE = EXTENDED PRICE
**In case of discrepancy between a unit price and an extended price, the unit price will be presumed to be correct in the reasonable discretion of the City. ** Management and Maintenance for all (2) Golf Courses unless otherwise specified Annual Expenditures
Landscape Maintenance $1,377,794/Yr
Operation Management (Dryden & Creekside) $1,452,016/Yr Water Utility $181,428/Yr
Marketing Budget $18,522/Yr
Vandalism/Arbor Care/Capital Improvements $122,071/Yr
Irrigation Repairs $28,812/Yr
Field Maintenance (MUNI) $34,472/Yr
Green Waste and Litter Removal (MUNI) $4,373/Yr
Grand Total $3,219,488/Yr
Labor Rate for Additional Services (Prevailing Wage) $25.00/Hourly Rate Any additional work outside of the scope of service specified in the proposal shall be billed at the hourly rate. The CONTRACTOR shall submit a quotation to the City Representative for review and approval.

Materials shall be at the CONTRACTOR’s landed cost less any earned discounts, plus a mark-up of 20%, plus sales tax. When called for by the CITY, the CONTRACTOR shall furnish a copy of the manufacturer’s invoice in order to verify the proper price charged to the CITY. #3..
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AGREEMENT
THIS AGREEMENT, made and entered into in the City of Modesto, State of California, this r day of i:ecembeY , 2020 , by and between the CITY OF MODESTO, a municipal corporation, hereinafter called CITY, and BRIGHTVIEW GOLF MAINTENANCE, INC., hereinafter called CONTRACTOR.

WITNESSETH:

WHEREAS, the existing agreement for Golf Course Management and Maintenance Services ends on December 31 , 2020, and
WHEREAS, the CITY values its community partnerships with The First Tee Youth Program and the Boys & Girls Club, and
WHEREAS the CITY, The First Tee and the Boys & Girls Club are partnering to establish a program location on the area adjacent to Dryden Golf Course, and WHEREAS, the CONTRACTOR is aware and supportive of this partnership, and will work with City and the partners to support the program location development, and WHEREAS, the Modesto City Council adopted Resolution No. 2020-~ authorizing the award of proposal and contract for the furnishing of Golf Course Management and Maintenance Services attached hereto as Exhibit "A " and made a part hereof, and WHEREAS, the CONTRACTOR provided a responsive and responsible submittal that best meets the CITY needs, attached hereto as Exhibit "B " and made a part hereof, and WHEREAS, the CITY and CONTRACTOR shall enter into an agreement for the furnishing of Golf Course Management and Maintenance Services, as described in RFP No. 1920- 64, attached hereto as Exhibit "C " and made a part hereof, and NOW, THEREFORE, the parties hereto mutually agree as follows:
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1. SCOPE OF WORK:
a. CONTRACTOR shall furnish Golf Course Maintenance Services insofar as such scope of services is specified in Exhibit "B", and in strict accordance with the conditions of the complete Contract.
b. CONTRACTOR shall furnish Golf Course Management Services as such scope of services is specified in Exhibit "D", and attached hereto and made a part hereof, and in strict accordance with the conditions of the complete Contract. c. CONTRACTOR shall do and perform the work contemplated hereby in a good and workmanlike manner under the direction of and to the satisfaction of the City Representative.
d. CONTRACTOR shall furnish said services at the contracted rates as specified, and attached hereto as Exhibit "E" and made a part hereof, in an amount not to exceed $2,632,648 annually.

2. CITY REPRESENTATIVE:

Contract Administrator is:

Kathy Crandall, Buyer Ph: (209) 577-5420
The City Representative is not authorized to commit the CITY to changes in specifications, requirements, or scope of work, changes in price(s), period of performance or delivery date(s) or method of shipment. Changes of a contractual or business nature shall be affected only by written change to the contract, issued by the City of Modesto, Purchasing Division.

3. TERM OF CONTRACT:

The term of the contract shall be for a period of three (3) years, with two (2) two11/09/2020 2 BrightView Agreement (Final) #3..
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year extension options at the sole discretion of CITY, for a total of up to seven (7) years.

Year 1:

Year 2:

Year 3:

Year 4:

Year 5:

Year 6:

Year 7:

January 1, 2021 through December 31 , 2021
January 1, 2022 through December 31 , 2022
January 1, 2023 through December 31 , 2023
January 1, 2024 through December 31 , 2024
January 1, 2025 through December 31 , 2025
January 1, 2026 through December 31 , 2026
January 1, 2027 through December 31 , 2027
A. Pricing as set forth in Exhibit "E" shall remain firm for the first three (3) years of the contract.

B. Price increases for subsequent contract years four, five, six and seven, shall not exceed the Consumer Price Index (CPI) for West Urban Area in any one contract year, and shall be negotiated through the Purchasing Division.

Requests for price increases shall be submitted by Contractor(s) in writing, at least sixty (60) days prior to the annual anniversary date of the contract to be effective for the subsequent year.

4. LIABILITY INSURANCE:

The CONTRACTOR shall provide, at its own expense, and maintain at all times the following insurance with insurance companies licensed in the State of California and shall provide evidence of such insurance to the CITY as may be required by the City Clerk of the CITY. The policies or certificates thereof shall provide that, thirty (30) days prior to cancellation or material change in the policy, notices of same shall be given to the Risk Manager of the CITY by registered mail, return receipt requested, for all of the following stated insurance policies. 11 /09/2020 3 BrightView Agreement (Final)
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a. Workers' Compensation - in compliance with the statutes of the State of California, plus employer's liability with a minimum limit of liability of $1 ,000,000. b. General Liability - insurance with a minimum limit of liability per occurrence of $1 ,000,000 for bodily injury and property damage. The insurance shall indicate on the certificate of insurance the following coverage and indicate the policy aggregate limit applying to: premises and operations; broad form contractual; independent contractors and subcontractors; products and completed operations; and/or professional liability. c. Automobile Liability - insurance with a minimum limit of liability per occurrence of $1 ,000,000 for bodily injury and property damage. This insurance shall cover any automobile for bodily injury and property damage.
d. Professional Liability - insurance with a minimum limit of $1 ,000,000 per claim and $2,000,000 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.

Failure of the CONTRACTOR to obtain and/or maintain any required insurance shall not relieve the CONTRACTOR from any liability under this Agreement, nor shall the insurance requirements be construed to conflict with or otherwise limit the obligations of the CONTRACTOR concerning indemnification. The CITY, its agents, officers, employees, and 11/09/2020 4 BrightView Agreement (Final)
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volunteers shall be named as an additional insured on all insurance policies required herein, except Workers' Compensation.

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 CONTRACTOR for the CITY.

The CONTRACTOR'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.

For any claims related to this project, the CONTRACTOR's insurance coverage shall be primary insurance as respects the Entity, its officers, officials, employees, and volunteers. Any insurance or self-insurance maintained by the Entity, its officers, officials, employees, or volunteers shall be excess of the Provider's insurance and shall not contribute with it.

5. INDEMNITY:

The CONTRACTOR shall hold the CITY, its agents, officers, employees, and volunteers harmless from and save, defend and indemnify them against any and all claims, losses, liabilities, 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 CONTRACTOR, or its agents, officers, employees, or volunteers relating to or during the performance of its obligations under this Agreement.

CONTRACTOR's obligation to defend, indemnify, and hold the CITY, its agents, officers, and employees harmless under the provisions of this paragraph is not limited to or 11/09/2020 5 BrightView Agreement (Final)
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restricted by any requirement in this Agreement for CONTRACTOR to procure and maintain a policy of insurance.

6. ARBITRATION:

Any dispute or claim arising or related to this Agreement, its performance, breach, or interpretation (including issues about its validity or enforceability), shall be exclusively, (except as approved below) resolved by final binding arbitration before the American Arbitration Association (AAA), utilizing its Commercial Arbitration Rules. One Arbitrator shall be selected using AAA procedures. The Arbitrator shall use all reasonable efforts to minimize discovery and to complete the arbitration proceedings as expeditiously as possible. The Arbitrator shall render a written decision within thirty (30) calendar days of the hearing. The Arbitrator will not award attorney's fees, or punitive, incidental, consequential, treble or other multiple or exemplary damages, and the parties hereby agree to waive and not seek such damages. Either party may seek judicial relief to compel the other party to comply with the provisions of this Section, or injunctive or other equitable relief to protect its intellectual property rights, provided (unless prohibited by applicable law) that the remainder of the dispute or claim is submitted to arbitration. The arbitration shall be held in Modesto California; both parties give their irrevocable consent to jurisdiction of courts of or in the State of California, as well as processes of the AAA in California. A wards shall be final, binding and non-appealable ( except on the minimal grounds required under the Federal Arbitration Act or other applicable law). All awards may be filed with one or more courts, state, federal or foreign having jurisdiction over the party against whom such award is rendered or its property, as a basis of judgment and of the issuance of execution for its collection

7. GOVERNING LAW:
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This Agreement shall be deemed made in, governed by, performed in, and construed and enforced in accordance with the laws of the State of California, without giving effect to its conflicts of laws, provisions or principles.

8. COMMENCEMENT AND COMPLETION OF THE WORK:

The work contemplated herein shall be commenced as immediately after receipt of the Notice to Proceed for this contract. The Notice to Proceed shall not be issued until the contract administrator receives and has on file:

Proofs of insurance (approved by Risk Management); and
Executed Agreement and all exhibits thereto.

9. TERMINATION OF SERVICES:

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

Termination by CITY for Convenience
The CITY may also terminate the Provider's performance under the Agreement, either in whole or in part, at its own discretion or when conditions encountered during the Work make it impossible or impracticable to proceed, or when the CITY is prevented from proceeding with the Agreement by act of God, by law, or by official action of a public authority, or upon a determination by the CITY that such termination is in the best interest and convenience 11/09/2020 7 BrightView Agreement (Final)
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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 day's written notice of its intent to terminate the Agreement for convenience, and shall endeavor to provide the CONTRACTOR with consultation with the CITY prior to termination.

Termination for Non-Payment
CONTRACTOR reserves the right to terminate this Agreement for non-payment for any payment deficiency exceeding fifteen (15) days. However, as a courtesy, CONTRACTOR may, at any point, in its sole discretion, provide a written cure notice to CITY granting CITY a certain additional amount of time to cure the nonpayment. If any or the entire unpaid amount remains unpaid following this period of time, or if no additional time is granted beyond the fifteen (15) days past the due date, CONTRACTOR may terminate this Agreement.

CITY will pay CONTRACTOR an amount based on the percentage of satisfactory work completed in accordance with the notice of termination. The final payment to the CONTRACTOR 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 subcontractor 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 CONTRACTOR as of the date of termination, as determined in accordance with the notice of termination, reduced by any sums previously paid to the CONTRACTOR.

Authorization to Terminate Agreement
Termination of the Agreement may be invoked by the City Manager, or his/her designee, subject to the right of the CONTRACTOR to appeal the City Manager, or his/her designee's, decision to the City Council. The CONTRACTOR shall appeal by notifying 11 /09/2020 9 BrightView Agreement (Final)
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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.

10. COMPLIANCE WITH ALL LAWS:

CONTRACTOR hereby agrees that CONTRACTOR and its subcontractors, if any, in the performance of the work described, designated and shown upon the plans herein referred to, will comply with all federal, state, county and municipal laws, rules and regulations which may be applicable to the work herein contracted for, whether now in existence or hereafter adopted.
11 . CONTRACT DOCUMENTS:

The complete contract between the parties hereto consists of this agreement and the following documents which are incorporated herein by this reference:
a. Resolution No. 2020- c5o1 , (Exhibit A);
b. CONTRACTOR submittal, (Exhibit B);
c. RFP 1920-64, Golf course Management and Maintenance Services, (Exhibit C);
d. Management Services Scope of Work, (Exhibit D);
e. Pricing Schedule, (Exhibit E);
f. Insurance Certificates;
These documents include important legal requirements, procedures and restrictions and should be reviewed by CONTRACTOR. They are available for review during normal 11/09/2020 BrightView Agreement (Final)
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business hours in the Department of Finance, Purchasing Division. All documents specified above are intended to operate so that any work called for in any one and not mentioned in the other, or vice versa, is to be executed the same as if mentioned in all said documents.

12. NOTICES:

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

CONTRACTOR:

CITY:

Bright View Golf Maintenance
27001 Agoura Road
Suite 350
Calabasas, CA 91301
City of Modesto
Purchasing Division
P.O. Box 642
Modesto, CA 95353
Each party may change its address for delivery of notice by delivering written notice of such change of address to the other party.

13. SIGNATOR(IES) FOR CONTRACTOR:

The undersigned signator(ies) for CONTRACTOR warrant(s) and represent(s) that he/she/they is/are legally competent to execute the contract and has/have full authority to execute this contract.

14. ASSIGNMENT:

Neither this agreement nor any portion thereof shall be subcontracted or assigned without the written consent of the CITY in each and every instance.

15. WAIVER:
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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.

16. HEADINGS NOT CONTROLLING:

Headings used in the Agreement are for reference purposes only and shall not be considered in construing this Agreement.

17. MISCELLANEOUS:

Time is of the essence in every provision of this contract.

18. ENTIRE AGREEMENT:

This Agreement and its exhibits contain the entire understanding between CONTRACTOR and CITY. Additional or new terms contained in this Agreement which vary from CONTRACTOR's proposal are controlling and are deemed accepted by CONTRACTOR by shipment of any article or other commencement of performance hereunder. All previous proposals, offers and communications relative to this Agreement, whether oral or written, are hereby superseded except to the extent that they have been incorporated into this Agreement. No future waiver or exception to any of the terms, conditions, and provisions ofthis Agreement shall be considered valid unless specifically agreed to in writing by all parties.

19. PARTIAL INVALIDITY:

If any provision in this Agreement is held by a court of competent jurisdiction to be invalid, void, or unenforceable, the remaining provisions shall nevertheless continue in full force without being impaired or invalidated in any way.

20. CITY BUSINESS LICENSE:

CONTRACTOR will have a City of Modesto business license. 11/09/2020 12 BrightView Agreement (Final)
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WITNESS WHEREOF, the CITY OF MODESTO, a municipal corporation, has authorized the execution of this Agreement in duplicate by its City Manager and attested by its City Clerk under authority of Resolution No. 2020- 6.31 , adopted by the Council of the City of Modesto on the ~ dayof ~be/ , 2020 and CONTRACTOR
has caused this Agreement to be duly executed.

CITY OF MODESTO,
A municipal corporation
By ~ 1PP.LO,
City Manager
ATTEST:

IE LOPEZ,
City Clerk
(SEAL)
APPROVED AS TO FORM:
11/09/2020 13

CONTRACTOR
By £yA-& (Si atur
By: G!2l A . e;~c. ~\., ~re.s:J.,..,+
(N Title)
Date: ll../a~/20-a..r>
I I
By: -------------
(Signature)
By: __________ _
(Name & Title)
Date: -------------
Signature Requirements
Co,porat;on:

I .Signature of two (2) officers
or

2.Signature ofone (1) officer plus the
corporate seal.

Partnership: Signature of one partner
Sole Proprietorship: Signature of proprietor
BrightView Agreement (Final)
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1 FIRST AMENDMENT TO AGREEMENT
THIS FIRST AMENDMENT to the AGREEMENT (“FIRST AMENDMENT”), made and entered into in the City of Modesto, County of Stanislaus, State of California, this _____ day of , 2023, by and between the CITY OF MODESTO, a municipal corporation of the State of California ("CITY") and BRIGHTVIEW GOLF MAINTENANCE, INC., Calabasas, CA, in partnership with KEMPERSPORTS MANAGEMENT, Modesto, CA, hereinafter collectively referred to as "CONTRACTOR".

This FIRST AMENDMENT to AGREEMENT is made with reference to the following recitals:

A. On December 8, 2020, by Resolution No. 2020-537, CITY and CONTRACTOR entered into an Agreement (“AGREEMENT”) for the furnishing of Golf Course Management services for Creekside Golf Course and Dryden Golf Course, and Golf Course Maintenance services for all city owned golf courses.

B. CITY AND CONTRACTOR desire to amend the AGREEMENT to extend the term for an additional two (2) year period (January 1, 2024 to December 31, 2025).

C. CITY AND CONTRACTOR desire to amend the provisions of the AGREEMENT to increase the compensation paid for the Scope of Services identified in the AGREEMENT.

D. All other provisions of the AGREEMENT shall remain in effect.

NOW, THEREFORE, the parties hereto mutually agree to the following:

1. Section 1, subparagraph (d) shall be amended to read as follows:
“d. CONTRACTOR shall furnish said services at the contracted rates as specified and attached hereto as Exhibit “E” and made a part hereof, in an amount not to DocuSign Envelope ID: 2B00037F-57C0-4192-B332-54382354A29D 7th November
#3..
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2 exceed $3,044,796 annually.”

2. Paragraph (1) of Section 3 “Term of Contract” shall be amended to read as follows:
“The term of the contract shall be for a period of five (5) years, with one (1) twoyear extension option at the sole discretion of the CITY, for a total of up to seven (7) years.

3. Except as modified and amended by this FIRST AMENDMENT to AGREEMENT, all other provisions of the AGREEMENT shall remain unchanged and in full force and effect.

DocuSign Envelope ID: 2B00037F-57C0-4192-B332-54382354A29D #3..
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3 IN WITNESS WHEREOF, the CITY OF MODESTO, a municipal corporation, has authorized the execution of this First Amendment to Agreement by its City Manager and attestation by its City Clerk under the authority of Resolution No. __________, adopted by the City Council of the City of Modesto on the _____ day of ___________, 2023, and CONTRACTOR has caused this First Amendment to Agreement to be duly executed. (SIGNATURES ON NEXT PAGE)
DocuSign Envelope ID: 2B00037F-57C0-4192-B332-54382354A29D 7th
2023-486
November
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CITY OF MODESTO,
a municipal corporation
BY: ____________________________
JOSEPH P. LOPEZ, City Manager
ATTEST:
(Seal)
BY: ____________________________

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

BY: ____________________________
CHRISTINA ALGER, Director of
Human Resources
Federal ID # ___________
DocuSign Envelope ID: 2B00037F-57C0-4192-B332-54382354A29D BrightView Golf Maintenance Inc
Michael Dozier Division President
95-2999239
11/20/2023
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EXHIBIT E

PRICING SCHEDULE

THE PAYMENT OF PREVAILING WAGE IS REQUIRED
ESTIMATED ANNUAL QTY x UNIT PRICE = EXTENDED PRICE
**In case of discrepancy between a unit price and an extended price, the unit price will be presumed to be correct in the reasonable discretion of the City. ** Management and Maintenance for all (3) Golf Courses unless otherwise specified Annual Expenditures
Landscape Maintenance $1,338,964/Yr
Operation Management (Dryden & Creekside) $1,314,088/Yr Water Utility $176,315/Yr
Marketing Budget $18,000/Yr
Vandalism/Arbor Care/Capital Improvements $118,631/Yr
Irrigation Repairs $28,000/Yr
Field Maintenance (MUNI) $33,500/Yr
Green Waste and Litter Removal (MUNI) $4,250/Yr
Subtotal $3,031,748/Yr
Faithful Performance and Payment Bond (One-Year Cost renewed annually) $13,048/Yr
Grand Total $3,044,796/Yr
Labor Rate for Additional Services (Prevailing Wage) $25.00/Hourly Rate Any additional work outside of the scope of service specified in the proposal shall be billed at the hourly rate. The CONTRACTOR shall submit a quotation to the City Representative for review and approval.

DocuSign Envelope ID: 2B00037F-57C0-4192-B332-54382354A29D #3..
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1 SECOND AMENDMENT TO AGREEMENT
THIS SECOND AMENDMENT to the AGREEMENT (“SECOND
AMENDMENT”), made and entered into in the City of Modesto, County of Stanislaus, State of California, this _____ day of ____________, 2024, by and between the CITY OF MODESTO, a municipal corporation of the State of California ("CITY") and BRIGHTVIEW GOLF MAINTENANCE, INC., Calabasas, CA, in partnership with KEMPERSPORTS MANAGEMENT, Modesto, CA, hereinafter collectively referred to as "CONTRACTOR".

This SECOND AMENDMENT to AGREEMENT is made with reference to the following recitals:

B. On October 9, 2023, by Resolution No. 2023-486, a First Amendment to AGREEMENT was entered into by CITY and CONTRACTOR to extend the AGREEMENT for an additional two-year period (January 1, 2024 to December 31, 2025) and to amend the provisions of the AGREEMENT to increase compensation paid for the scope of services identified in the AGREEMENT.

C. CITY AND CONTRACTOR desire to amend the provisions of the AGREEMENT to increase the compensation paid for the Scope of Services identified in the AGREEMENT.

D. All other provisions of the AGREEMENT shall remain in effect.

DocuSign Envelope ID: B14A40EF-2223-4709-A9B3-53B86CA18DB0 11th June
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2 NOW, THEREFORE, the parties hereto mutually agree to the following:

2. Exhibit “E” to the AGREEMENT is hereby amended and replaced in its entirety with Appendix “A” to this SECOND AMENDMENT.

3. Except as modified and amended by this SECOND AMENDMENT to AGREEMENT, all other provisions of the AGREEMENT shall remain unchanged and in full force and effect.

DocuSign Envelope ID: B14A40EF-2223-4709-A9B3-53B86CA18DB0 #3..
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3 IN WITNESS WHEREOF, the CITY OF MODESTO, a municipal corporation, has authorized the execution of this Second Amendment to Agreement by its City Manager and attestation by its City Clerk under the authority of Resolution No. __________, adopted by the City Council of the City of Modesto on the _____ day of ___________, 2024, and BRIGHTVIEW GOLF MAINTENANCE, INC., Calabasas, CA, in partnership with KEMPERSPORTS MANAGEMENT, Modesto, CA, has caused this Second Amendment to Agreement to be duly executed.
(SIGNATURES ON NEXT PAGE)
DocuSign Envelope ID: B14A40EF-2223-4709-A9B3-53B86CA18DB0 2024-209
11th June
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CITY OF MODESTO,
a municipal corporation
BY: ____________________________
SCOTTY DOUGLASS, Acting City Manager
ATTEST:
(Seal)
BY: ____________________________

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

BY: ____________________________
MATTHEW BRALEY, ARM-PE, Risk Manager
Federal ID # ___________
DocuSign Envelope ID: B14A40EF-2223-4709-A9B3-53B86CA18DB0 BrightView Golf Maintenance Inc.

Joseph P. Lopez

XXXXXXXXXXXXXXXXXXXXXXXXXXXX
Terrance D. McGuire
952999239
Vice President
6/26/2024
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4 APPENDIX A

PRICING SCHEDULE

THE PAYMENT OF PREVAILING WAGE IS REQUIRED
ESTIMATED ANNUAL QTY x UNIT PRICE = EXTENDED PRICE
**In case of discrepancy between a unit price and an extended price, the unit price will be presumed to be correct in the reasonable discretion of the City. ** Management and Maintenance for all (3) Golf Courses unless otherwise specified Annual Expenditures
Landscape Maintenance $1,338,964/Yr
Operation Management (Dryden & Creekside) $1,414,737/Yr Water Utility $176,315/Yr
Marketing Budget $18,000/Yr
Vandalism/Arbor Care/Capital Improvements $118,631/Yr
Irrigation Repairs $28,000/Yr
Field Maintenance (MUNI) $33,500/Yr
Green Waste and Litter Removal (MUNI) $4,250/Yr
Grand Total $3,132,397/Yr
Labor Rate for Additional Services (Prevailing Wage) $25.00/Hourly Rate Any additional work outside of the scope of service specified in the proposal shall be billed at the hourly rate. The CONTRACTOR shall submit a quotation to the City Representative for review and approval.

DocuSign Envelope ID: B14A40EF-2223-4709-A9B3-53B86CA18DB0 #3..
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California Levine Act Disclosure
California Government Code Section 84308, also known as the "Levine Act", prohibits City “officers” from participating in any action related to a license, permit, or other entitlement for use (a “proceeding”) if such member accepts, solicits, or directs political contributions from a party to the proceeding or their agent totaling more than $500 while the proceeding is pending before the agency, and for twelve (12) months following the date a decision concerning the proceeding has been made. The Levine Act also requires disclosure of such contribution by a party to the proceeding.

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

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CITY OF MODESTO

COMMITTEE AGENDA REPORT
DATE OF MEETING:

November 17, 2025
Date: October 28, 2025
TO: Finance Committee
Rosa Escutia-Braaton, Chair
David Wright, Vice-Chair
Nick Bavaro, Member
THROUGH: Joseph P. Lopez, City Manager
FROM: Toby Wells, Director of Engineering Services/City Engineer SUBJECT: Award of Construction for Dryden Clubhouse Renovation Project CONTACT: Nathan Houx, Parks Planning and Development Manager, [email protected], 209-571-5526
DESCRIPTION:

Consider the Plans and Specifications for Dryden Clubhouse Renovation Project, accepting the Bid and Awarding a Construction Contract to Diede Construction, Inc. of Lodi, CA., for a total amount not to exceed $9,278,564; consider an Agreement with Dillon & Murphy Engineering, of Lodi, CA, for Construction Management and Inspection Services for a total amount not to exceed $850,164; and consider an increase to the Green Fees and forwarding to Council for approval. (Funding Source: Various Funds)
STRATEGIC PLAN ELEMENT:

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

BACKGROUND:

Dryden Park Municipal Golf Course is one of two city owned golf courses operated within the City of Modesto. The course was dedicated on October 17, 1959, and on December 5, 1966, the long-awaited Clubhouse construction was completed.

Throughout the years, the clubhouse has been the victim of floods and fires, and each time has been repaired and restored. In winter of 1997, the heavy winter rains and flooding overwhelmed the building causing heavy water damage. Just a few years later, on September 18, 2000, the course’s clubhouse was heavily damaged by fire that started in a trash can outside the 1st floor door of the building and spread throughout the structure. In both events structural, electrical and mechanical damage were repaired.

On August 4, 2020, the Dryden Clubhouse was the victim of another structure fire. The Fire department’s report indicates that this was likely caused by a campfire next to the exterior wall #4..
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Finance Committee, November 17, 2025
Award of Construction for Dryden Clubhouse Renovation Project

Page 2 of 5 ends

of the clubhouse. The fire spread rapidly, gutting the kitchen and dining area, destroying all the items for sale in the clubhouse, and causing a total loss of the structure itself. Staff worked quickly to provide a temporary clubhouse alternative in the form of a modular building, while a full assessment could be done on the clubhouse structure. It quickly became evident that the structure would need substantial renovation and needed to be entirely rebuilt.

Staff evaluated the design of the previous structure and determined that the needs for a golf course clubhouse today, differ from the design selected for the building in 1966. In addition, the clubhouse needed to be moved up the hill so that flooding was no longer a concern for the building. Among the improvements to modernize the clubhouse are the addition of an outdoor deck area, expanded pro-shop, upgraded commercial kitchen facilities and expanded dining areas. The newly designed facility will not only accommodate the needs of golfers but will also be able to accommodate non-golf- related social gatherings such as weddings, parties, private events, and community events.

On July 13, 2021, by Council Resolution 2021-285, Council approved a Design Agreement with LDA Partners, Inc. of Stockton, CA., for the preparation of the construction documentation for this project, for an amount not to exceed $324,500. Since then, on June 11, 2024, via Resolution 2024-208, Council approved a first amendment to the design agreement with LDA Partners, Inc., which increased the total of the agreement not to exceed $621,500. LDA completed construction documentation in summer 2025.

DISCUSSION:

The project was advertised for bids August 8, 2025, on OpenGov. Bids were publicly opened on September 23, 2025, pursuant to City Charter Section 1307, and five (5) bids were received; however, two (2) bids were deemed non-responsive. Diede Construction, Inc., of Lodi, CA., was determined to be the responsible bidder with the lowest responsive bid. The bid tabulation is attached, and a summary of the responsive bids is below:

The bid analysis is:

Number of responsive bids received 3
Number of bids within 10% of engineer’s estimate 0
Number of bids above the engineer’s estimate 1
Number of bids below the engineer’s estimate 2
Percent low bid is below the engineer’s estimate 25.48% Diede Construction, Inc., of Lodi, CA, was 25.48% below the engineer’s estimate. The next lowest bid was 19.84% below the engineer’s estimate. The highest bid was 18.85% above the engineer’s estimate. Bidder competition is evident with two bids well below the engineer’s estimate.

Modesto Municipal Code Section 8-3.203 generally requires all purchases which meet or exceed $100,000 for material, equipment, or contractual services to be formally bid. The award of contract for the construction of the Dryden Clubhouse Renovation Project, to Diede Construction, Inc., of Lodi, CA, conforms to the Modesto Municipal Code because the City complied with the formal bid procedures and Diede Construction, Inc., was the lowest responsive and responsible bidder.
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Finance Committee, November 17, 2025
Award of Construction for Dryden Clubhouse Renovation Project

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The City’s “Change Order Approval Policy” enacted by Council Resolution No. 1994-443 on July 19, 1994, revised on July 9, 2019, by Council Resolution No. 2019-326, and revised a second time on September 12, 2023, by Council Resolution No. 2023-405, established a contract change order authority of 10% for construction contracts under $10,000,000. Staff doesn’t believe a 10% change order authority is necessary on this project and therefore is requesting the Engineering Services Director’s Authority to issue change orders of 8% ($687,301) of the construction contract amount.

While the contingency policy is utilized for each construction contract awarded by the City, it is not written into each contract, nor is it a guaranteed amount included in the final compensation to the contractor. Prior to bidding a project, staff work diligently to ensure that all projects and bid packages contain well-defined scopes of work and that all projects stay within budget.

Considering the size and complexity of the project, staff recommend utilizing consultants to provide Construction Management and Inspection Services for this project. In accordance with City’s Administrative Directive 3.1 “Selection Procedures for Professional Consultants Who Provide Architectural and Engineering Services for Capital Projects”, an RFP was initiated. On April 23, 2025, a Request for Proposals (RFP) was issued for Construction Management, Inspections and Materials Testing for the Dryden Clubhouse Renovation Project on OpenGov and staff received a proposal from one firm. The proposal was evaluated by City staff, and Dillon & Murphy Engineering was selected as the most qualified firm for the project.

Staff is recommending approval of an agreement with Dillon & Murphy Engineering, of Lodi, CA, in the amount of $772,876, plus $77,288 in additional services (if needed), for a total amount not to exceed $850,164.

In addition, staff is recommending a budget of $1,000,000 be set aside for on-course improvements which will include elements such as bunker replacement and other course repairs. Once exact scope of this work is determined staff will return to Council with a contract for the on-course improvements.

FISCAL IMPACT:

Funding for this project is budgeted in Capital Improvement Program (CIP) account #101294 (Dryden Clubhouse Renovation). As part of the funding plan for this project, staff is recommending the use of Measure H funds for a portion of the project funding the amount of $2,676,984. This funding will be recognized from Measure H savings from the funding that was budgeted for the Dr. Martin Luther King Jr. Renovation Project that resulted from the bids coming in lower for the completion of that project. The remaining funding for the Dryden Clubhouse Renovation project that is needed will come from a Water Fund loan that will be established in the amount of $4,930,841 and be paid back from the Golf Fund to the Water Fund over 10 years. The remainder of the project’s revenue and expense budget are outlined below:

Funding Sources
Insurance Claim $ 4,620,125
American Rescue Plan Act Fund 1390 $ 400,000
Golf Fund 4600 $ 186,500
Insurance Proceeds from Muni Clubhouse Fire $ 116,104
Measure H Funding (from MLK Jr. Renovation Project Savings) $ 2,676,984 #4..
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Finance Committee, November 17, 2025
Award of Construction for Dryden Clubhouse Renovation Project

Page 4 of 5 ends

Water Fund Loan (10 Year Repayment Term) $ 4,930,841
Total Funding $ 12,930,554
Project Budget
Construction $ 8,591,263
Construction Contingency (8%) $ 687,301
Construction Management & Inspections Services $ 772,876 Construction Management & Inspections Services Contingency (10%) $ 77,288 Construction Administration – City Staff (1%) $ 85,913
Bid/Design Support During Construction (1%) $ 85,913
Engineering/Design/Admin (previously spent/committed) $ 713,000 Temporary Building/Demolition Related Costs $ 917,000
On-course Improvements $ 1,000,000
Total Cost $ 12,930,554
The creation of the Water Fund loan with the Golf Fund is to be used for the construction of the Dryden Clubhouse Renovation project and will include an interest rate on the loan equal to the actual rate of return earned on the City’s investment portfolio during the 12-month period immediately preceding the payment date. The term of the loan will be for 10 years and will be paid back with revenues earned by the Golf Fund.

One of the proposed ways to pay back the loan and fund the course improvements is an increase to the Green Fees for Dryden and Creekside Golf Courses. Staff is recommending an increase of $5 per round and the implementation of a dynamic pricing model. Under a dynamic pricing model, pricing aligns with demand to increase revenue and maximize play opportunities.

Provides golfers with options to choose the best time and price therefore optimizing the tee sheet management and increasing revenues.

Previously, the Golf Course Advisory Committee has expressed a willingness to consider an increase in conjunction with the proposed course improvements. The Golf Course Advisory Committee will be presented with the updated information on November 19, 2025.

CEQA/NEPA REQUIREMENTS:

Staff has prepared a Statement of Categorical Exemption No. EA/PRN 2022-03 for Dryden Golf Course Clubhouse Rebuilding and the project is exempt from CEQA due to the fact that it is a reconstruction of existing or similar facilities within the same area and for the same purpose with minimal expansion of use compared to the existing golf course.

RECOMMENDED COMMITTEE ACTION:

Staff Recommendations:

Motion recommending the approval of the Plans and Specifications for the Dryden Clubhouse Renovation Project, accepting the Bid and Awarding a Construction Contract to Diede Construction, Inc. of Lodi, CA., in the amount of $8,591,263, authorizing $687,301, in contingency (if needed), for a total amount not to exceed $ 9,278,564, and forwarding to Council for approval.

Motion recommending the approval of an Agreement with Dillon & Murphy Engineering, of Lodi, CA, for Construction Management and Inspection Services for the Dryden Clubhouse #4..
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Finance Committee, November 17, 2025
Award of Construction for Dryden Clubhouse Renovation Project

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Renovation Project in the amount of $772,876, plus $77,288 in additional services, if needed, for a total amount not to exceed $850,164, and forwarding to Council for approval.

Motion recommending amending the Fiscal Year 2025-26 Capital Improvement Program budget to fund Project #101294 (Dryden Clubhouse Renovation) in an amount not to exceed $7,723,929, in transfers, revenue, and to budget expenditures to fund the project, and forwarding to Council for approval.

Motion recommending the issuance of an interfund loan in an amount not to exceed $4,930,841 from the Water Fund 4100 to the Golf Fund 4600 for the construction for Project 101294 Dryden Clubhouse Renovation 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 forwarding to Council for approval.

Motion providing guidance to staff regarding the increase to the Green Fees and forwarding that to Council for approval.

Approved by:

Toby Wells, Director of Engineering/City Engineer
Joseph P. Lopez, City Manager
Attachments:

1. Construction Contract – Diede Construction, Inc.

2. Financial Interest Disclosure Form – Diede Construction, Inc.

3. Construction Bid Results

4. Construction Management & Inspection Services Agreement – Dillon & Murphy Engineering

5. Financial Interest Disclosure Form – Dillon & Murphy Engineering #4..
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-1- City of Modesto
Dryden Clubhouse

CONSTRUCTION CONTRACT - DRYDEN CLUBHOUSE
This Agreement, made and entered into in the City of Modesto, County of Stanislaus, State of California, this 9th day of December, 2025, by and between the City of Modesto, a municipal corporation of the State of California, hereinafter called City, and Diede Construction, Inc., a California corporation, hereinafter called Contractor,
RECITALS:

WHEREAS, the City Manager of the City of Modesto, authorized the call for bids, approved the Plans and Specifications prepared under the direction of the Director of Engineering Services Department for the Dryden Clubhouse project and directed the City Clerk to advertise for sealed bids for doing said work and providing that bids be submitted on the 23rd day of September, 2025; and
WHEREAS, the City Clerk, thereafter duly and regularly caused a notice to be published in the manner and for the time prescribed by law; and
WHEREAS, Contractor, pursuant to the provisions of said notice duly filed a bid with the City Clerk, a true copy of which is now on file in the office of the City Clerk of the City of Modesto, and is hereby referred to and by this reference made a part hereof as fully as if set forth at length herein; and
WHEREAS, all bids received pursuant to said notice were opened and examined and publicly declared at the time specified in said advertisement for bids and at a regular meeting of the City Council held on the 9th day of December, 2025 by Resolution 2025-______ the Council found and declared the bid of Contractor to be the lowest responsive bid and thereupon awarded a Contract to Contractor to do the Work referred to in the aforementioned Plans and Specifications.

NOW, THEREFORE, the parties hereto mutually agree as follows:

1. SCOPE OF WORK
SCOPE OF WORK, hereinafter called the Work.
a. Contractor shall furnish all labor, materials and equipment necessary to complete the Work as specified in the Plans and Specifications entitled Dryden Clubhouse, City of Modesto, Engineering Services Department, Project Number 2026-01, and in strict accordance with the conditions of the complete Contract Documents. All incidental Work not included in the Contract Documents or specified herein which is necessary to complete the Work so as to provide the system described, or shown, shall be furnished and installed as part of this Agreement at no additional cost to the City. The Work shall be complete and ready for service as described in the Contract Documents to the satisfaction of the Director of Engineering Services. #4..
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-2- City of Modesto
Dryden Clubhouse
b. Contractor shall do and perform the Work contemplated hereby in a good and workmanlike manner under the direction of and to the satisfaction of the Director of Engineering Services of the City of Modesto.
c. Contractor shall do and perform the Work contemplated hereby and shall furnish all labor, materials, tools and equipment therefore at the prices herein specified to, wit:

CONTRACTOR’S BID
Item
No.

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

BASE BID

1. Mobilization and
Demobilization (Max 5% of
Total Base Bid)
LS 1 $40,260.00 $40,260.00

2. Stormwater Pollution Prevention
Plan (SWPPP)
LS 1 $42,700.00 $42,700.00

3. Temporary Construction
Fencing
LS 1 $2,440.00 $2,440.00

4. Site Preparation (Clearing,
Grubbing, Demolition, &
Disposal)
SF 161,534 $0.50 $80,767.00

5. Site Grading (Rough / Fine) SF 139,609 $0.70 $97,726.30

6. Soil Export LS 1 $12,444.00 $12,444.00

7. Tree Removal EA 19 $976.00 $18,544.00

8. Storm Drain Catch Basins EA 2 $4,270.00 $8,540.00

9. Storm Drain Manhole EA 2 $4,392.00 $8,784.00

10. 18” Storm Drain Line LF 511 $98.00 $50,078.00

11. 12" Storm Drain Line LF 100 $92.00 $9,200.00

12. 8" Storm Drain Line LF 45 $73.00 $3,285.00

13. 6" Storm Drain Line LF 295 $67.00 $19,765.00

14. 4" Storm Drain Line Connection LF 8 $73.00 $584.00

15. Area Drain EA 7 $1,098.00 $7,686.00

16. Horizontal Drain LF 40 $488.00 $19,520.00

17. Bubble Up Drain Outlet EA 1 $6,710.00 $6,710.00

18. Drywell Tie-In EA 2 $1,464.00 $2,928.00

19. Rainwater Leader LF 96 $73.00 $7,008.00

20. Sewer Tie-In EA 1 $976.00 $976.00

21. Sand / Oil Grease Interceptor EA 1 $18,300.00 $18,300.00

22. 4” Sanitary Sewer Line LF 199 $79.00 $15,721.00

23. 3" Sanitary Sewer Line LF 48 $73.00 $3,504.00
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-3- City of Modesto
Dryden Clubhouse
Item
No.

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

24. Sanitary Sewer Cleanout EA 2 $1,464.00 $2,928.00

25. Floor Drain in Trash Enclosure EA 1 $1,342.00 $1,342.00

26. 6” Water Line (Fire) LF 28 $244.00 $6,832.00

27. 6" Gate Valve (Fire) EA 2 $1,952.00 $3,904.00

28. 2.5” Water Line LF 298 $98.00 $29,204.00

29. 2” Water Line LF 62 $73.00 $4,526.00

30. 3/4” Water Line LF 65 $67.00 $4,355.00

31. 6" Backflow Preventer (Fire
Service Double Check Detector)
EA 1 $15,250.00 $15,250.00

32. 2" Backflow Preventer EA 2 $4,270.00 $8,540.00

33. Fire Hydrants EA 1 $10,370.00 $10,370.00

34. 2" Water Meter EA 2 $1,037.00 $2,074.00

35. Gas Service Allowance LS 1 $50,000.00 $50,000.00

36. 5 Gallon Grass EA 30 $37.00 $1,110.00

37. 1 Gallon Groundcover EA 1,234 $18.00 $22,212.00

38. 1 Gallon Shrub EA 164 $18.00 $2,952.00

39. 5 Gallon Shrub EA 309 $37.00 $11,433.00

40. 15 Gallon Tree EA 28 $220.00 $6,160.00

41. 24" Box Tree EA 3 $427.00 $1,281.00

42. 36" Box Tree EA 3 $1,220.00 $3,660.00

43. Root Barrier LF 2,042 $13.00 $26,546.00

44. 5 Gallon Vine EA 5 $43.00 $215.00

45. Bark Mulch 3" SF 39,727 $1.00 $39,727.00

46. Decomposed Granite SF 528 $15.00 $7,920.00

47. Jute Mesh for Slope SY 887 $7.00 $6,209.00

48. Putting Green (including
drainage system, cups and flags)
SF 3,386 $30.00 $101,580.00

49. Irrigation System SF 34,451 $7.00 $241,157.00

50. Site Electrical System (Electrical
Service, EV Infrastructure,
Lighting, Etc.)
LS 1 $653,493.00 $653,493.00

51. Low Voltage Systems LS 1 $231,800.00 $231,800.00

52. Site Signage (Parking Lot) LS 1 $7,198.00 $7,198.00

53. Flagpole with Foundation EA 1 $9,150.00 $9,150.00

54. Trash Enclosure and Concrete
Pad and Apron
LS 1 $7,930.00 $7,930.00

55. Bike Rack Single Loop EA 6 $854.00 $5,124.00

56. Bike Locker EA 1 $5,856.00 $5,856.00
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-4- City of Modesto
Dryden Clubhouse
Item
No.

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

57. Asphalt Paving (including
header board)
SF 82,677 $6.00 $496,062.00

58. Concrete Site Flatwork (4"
Sidewalk)
SF 14,031 $12.00 $168,372.00

59. Concrete Site Flatwork (5"
Vehicular)
SF 2,641 $15.00 $39,615.00

60. Concrete Curb and Gutter LF 55 $98.00 $5,390.00

61. Concrete Single Curb LF 2,425 $43.00 $104,275.00

62. Detectable Warning Tiles SF 181 $43.00 $7,783.00

63. Parking Lot Paint Striping LS 1 $15,289.00 $15,289.00

64. Precast Wheel Stops EA 27 $73.00 $1,971.00

65. Monument Sign LS 1 $5,124.00 $5,124.00

66. Temporary Golf Trailer
Relocation and Utilities
LS 1 $4,453.00 $4,453.00

67. Golf Clubhouse LS 1 $5,237,460.00 $5,237,460.00

68. Soil Preparation SF 39,727 $1.00 $39,727.00

69. Fringe Sod SF 1,629 $4.00 $6,516.00

70. Open Turf SF 3,880 $2.00 $7,760.00

71. Landscape Establishment and
Maintenance (Monthly)
EA 2 $3,050.00 $6,100.00
SUBTOTAL BASE BID $8,155,405.30
BID ADD ALTERNATIVE 2 – PERIMETER PAVING AT PARKING LOT 201. Site Grading (Rough / Fine) LS 1 $15,250.00 $15,250.00 202. Asphalt Paving SF 7,700 $6.00 $46,200.00
203. Concrete Curb and Gutter LF 278 $61.00 $16,958.00
204. Concrete Single Curb LF 294 $43.00 $12,642.00
205. Paint Striping LS 1 $1,987.00 $1,987.00
206. Site Lighting (including conduit
and wire)
EA 5 $7,661.00 $38,305.00
207. Soil Preparation SF 4,429 $1.00 $4,429.00
208. 5 Gallon Grass EA 4 $33.00 $132.00
209. 1 Gallon Ground Cover EA 109 $13.00 $1,417.00
210. 5 Gallon Shrub EA 138 $32.00 $4,416.00
211. 15 Gallon Tree EA 15 $183.00 $2,745.00
212. Root Barrier LF 918 $13.00 $11,934.00
213. Bark Mulch 3” SF 4,429 $1.00 $4,429.00
214. Irrigation System SF 4,429 $5.00 $22,145.00
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Item
No.

Item Description Unit of
Measure
Estimated
Quantity
Unit Price
(Figures)
Total Price
(Figures)
215. Landscape Establishment and
Maintenance (Monthly)
EA 2 $1,220.00 $2,440.00
216. Header Board Credit LF -605 $1.00 ($605.00)
217. Bark Mulch 3" Credit SF -7,100 $1.00 ($7,100.00)
SUBTOTAL BID ADD ALTERNATIVE 2 $177,724.00
BID ADD ALTERNATIVE 3 – ROADWAY ENTRY IMPROVEMENTS
301. Demolition and Removal LS 1 $6,832.00 $6,832.00
302. Site Grading (Rough / Fine) LS 1 $11,590.00 $11,590.00 303. Storm Drain Catch Basins EA 1 $4,270.00 $4,270.00
304. Asphalt Paving SF 3,500 $6.00 $21,000.00
305. Concrete Curb and Gutter LF 108 $61.00 $6,588.00
306. Concrete Single Curb LF 204 $43.00 $8,772.00
307. Tube Steel Fence LF 340 $170.00 $57,800.00
308. Pedestrian Gate EA 1 $12,619.00 $12,619.00
309. Automatic Vehicle Swing Gate
& Controls
EA 2 $26,596.00 $53,192.00
310. Pipe Barrier Gate EA 2 $8,921.00 $17,842.00
311. Irrigation System SF 2,398 $7.00 $16,786.00
312. 1 Gallon Groundcover EA 61 $15.00 $915.00
313. 24" Box Tree EA 3 $488.00 $1,464.00
314. Root Barrier LF 231 $13.00 $3,003.00
315. 5 Gallon Shrub EA 106 $49.00 $5,194.00
316. Electrical for Monument Sign
Relocation
LF 220 $8.00 $1,760.00
317. Site Electrical System (Electrical
Service, Lighting, Etc.)
LS 1 $24,400.00 $24,400.00
318. Landscape Establishment and
Maintenance (Monthly)
EA 2 $854.00 $1,708.00
319. Bark Mulch 3" SF 2,398 $1.00 $2,398.00
SUBTOTAL BID ADD ALTERNATIVE 3 $258,133.00
TOTAL BASE BID AND BID ADD ALTERNATIVE 2 & 3 $8,591,262.30

2. CONTRACT DOCUMENTS
The complete Agreement between the parties consists of the documents listed below, including any addenda to these documents. The documents are complementary and provide for a complete work; if a discrepancy exists, the governing rank of the documents is set forth, in descending order:
a. Executed and signed, written Agreement;
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Dryden Clubhouse
b. Section 00800 Amendments and Supplements to the General Provisions c. All other sections of the Project Specifications;
d. Project Plans;
e. City Standard Details; current edition
f. City Standard Specifications; current edition
g. Revised State Standard Specifications;
h. State Standard Specifications;
i. Revised State Standard Plans;
j. State Standard Plans; and
k. All required Bonds.

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

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

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

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

5. INDEMNITY
The Contractor shall hold the City, its agents, officers, employees, and volunteers, harmless from and save, defend and indemnify them against any and all claims, losses, liabilities, judgments or #4..
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damages from every cause, including but not limited to injury to person or property or wrongful death, including reasonable costs and expenses of defense of any judicial or administrative action, arising directly or indirectly out of any negligent or intentional act or omission of Contractor, or its agents, officers, employees, or volunteers relating to or during the performance of its obligations under this Agreement. This provision does not apply to claims, loss, liability, damage or expense arising from (a) the sole negligence or willful misconduct of the City, or (b) the active negligence of the City.

Contractor's obligation to defend, indemnify, and hold the City, its agents, officers, and employees harmless under the provisions of this paragraph is not limited to or restricted by any requirement in this Agreement for Contractor to procure and maintain a policy of insurance.

6. INSURANCE
During the term of this Agreement, Contractor shall maintain in full force and effect at its own cost and expense the insurance coverage as set forth in Exhibit A, attached hereto and incorporated herein, and shall otherwise comply with the other provisions of Exhibit A. Contractor is responsible for uploading updated insurance documentation to the City’s “PINS Advantage” program.
a. Subcontractors
Contractor shall require and verify that all subcontractors maintain insurance as required by Exhibit A for the duration of the project and through acceptance by City Council.

7. BONDS
The Contractor shall furnish City the following separate surety bonds:
a. Performance Bond. Within 5 business days after receipt of the Notice of Award and prior to commencement of Work, the Contractor shall furnish a separate surety bond in an amount equal to one hundred percent (100%) of the Agreement price, shall be for the faithful performance of the Agreement, shall be approved by City, and shall be secured from a surety or sureties satisfactory to City. b. Payment Bond. Within 5 business days after receipt of the Notice of Award and prior to commencement of Work, the Contractor shall furnish a separate surety bond in an amount at least equal to one hundred percent (100%) of the Agreement price as security for the payment of all persons for furnishing materials, provisions, or other supplies, or items, used in, upon, for, or about the performance of the Work contracted to be done; or for performing any work or labor thereon of any kind, and for the payment of amounts due under the Unemployment Insurance Code with respect to such work or labor in connection with this Agreement, and for the #4..
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payment of a reasonable attorney's fee to be fixed by the court in case suit is brought upon the bond.
c. Warranty Bond. Prior to issuance of a Notice of Completion for the contracted work, Contractor shall file with the City a Warranty Bond or equivalent security in the amount of ten percent (10%) of the estimated cost of the contracted work to guaranty and warranty the contracted work for a period of one (1) year following City Council acceptance thereof against any defective work or labor done, or defective materials furnished.

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

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

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

The Contractor understands and agrees that City may, in City's sole discretion, refuse to pay Contractor for that portion of Contractor's services which were performed by Contractor on the project prior to the termination date and which remain unacceptable and/or not useful to City as of the termination date.

Termination by City for Convenience
The City may terminate the Contractor's performance under the Agreement, either in whole or in part, at its own discretion or when conditions encountered during the Work make it impossible or impracticable to proceed, or when the City is prevented from proceeding with the Agreement by act of God, by law, or by official action of a public authority, or upon a determination that such termination is in the best interest and convenience of the City, or whenever the City is prohibited from completing the Work for any reason. The City shall provide no less than ten (10) days written #4..
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notice of its intent to terminate the Agreement for convenience, and shall endeavor to provide the Contractor with consultation with the City prior to termination.

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

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

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

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

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

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

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

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

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

B. City will pay Contractor an amount based on the percentage of work completed in accordance with the Notice of Termination. The final payment to the Contractor after termination for convenience shall be limited to amounts due and owing under the Agreement at time of termination, including the following:

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

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

3. The cost of settling and paying valid claims arising out of the termination of the Work such as subcontract agreements or contracts for materials; #4..
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4. The Agreement price allocable to the portion of the Work properly performed or goods supplied by the Contractor as of the date of termination, as determined in accordance with the Notice of Termination, reduced by any sums previously paid to the Contractor.

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

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

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

CONTRACTOR: Diede Construction, Inc.

Attn: Steven L. Diede, President
P.O. Box 1007
Woodbridge, CA 95258-1007
Phone: (209) 369-8255
Fax: (209) 368-0600
CITY: City of Modesto
Director of Engineering Services
P.O. Box 642
Modesto, CA 95353
Phone (209) 577-5444
Fax (209) 577-4302
Each party may change its address for delivery of notice by delivering written notice of such change of address to the other party.

11. WORKFORCE REQUIREMENTS
Contractor included both a signed Local Hire Certification as well as a Skilled and Trained Workforce Certification with its bid, and such certifications are incorporated herein by #4..
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reference. Contractor shall comply with all applicable requirements, including record keeping requirements, of Articles 7 and 8 of Chapter 3 of the Modesto Municipal Code.

12. EXECUTION OF AGREEMENT
The undersigned signatory(ies) for Contractor warrant(s) and represent(s) that he/she/they is/are legally competent to execute the Agreement and has/have full authority to execute this Agreement.

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

14. MISCELLANEOUS
Time is of the essence of this Agreement.

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Exhibit A-1 City of Modesto
Dryden Clubhouse
Exhibit A:

Insurance Requirements for Construction Contracts
Contractor shall procure and maintain for the duration of the contract, and for 5 years thereafter, insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder and the results of that work by the Contractor, their agents, representatives, employees, or subcontractors.

MINIMUM SCOPE AND LIMIT OF INSURANCE
Coverage shall be at least as broad as:

1. Commercial General Liability (CGL): Insurance Services Office Form CG 00 01 covering CGL on an “occurrence” basis, including products and completed operations, property damage, bodily injury and personal & advertising injury with limits no less than $5,000,000 per occurrence. If a general aggregate limit applies, either the general aggregate limit shall apply separately to this project/location (ISO CG 25 03 or 25 04) or the general aggregate limit shall be twice the required occurrence limit.

2. Automobile Liability: Insurance Services Office Form CA 0001 covering Code 1 (any auto), with limits no less than $5,000,000 per accident for bodily injury and property damage.

3. Workers’ Compensation: as required by the State of California, with Statutory Limits, and Employer’s Liability Insurance with limit of no less than $1,000,000 per accident for bodily injury or disease.

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

5. Professional Liability, with limits no less than $2,000,000 per occurrence or claim (and $2,000,000 policy aggregate), is not required.

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

If the contractor maintains broader coverage and/or higher limits than the minimums shown above, the City requires and shall be entitled to the broader coverage and/or the higher limits maintained by the Contractor. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the City. #4..
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Exhibit A-2 City of Modesto
Dryden Clubhouse
Umbrella or Excess Coverage
The Contractor may use Umbrella or Excess Policies to provide the liability limits as required in this agreement. This form of insurance will be acceptable provided that all of the Primary and Umbrella or Excess Policies shall provide all of the insurance coverages herein required, including, but not limited to, primary and non-contributory, additional insured, Self-Insured Retentions (SIRs), indemnity, and defense requirements. The Umbrella or Excess policies shall be provided on a true “following form” or broader coverage basis, with coverage at least as broad as provided on the underlying Commercial General Liability insurance. No insurance policies maintained by the Additional Insureds, whether primary or excess, and which also apply to a loss covered hereunder, shall be called upon to contribute to a loss until the Contractor’s primary and excess liability policies are exhausted.

The insurance policies are to contain, or be endorsed to contain, the following provisions:

Additional Insured Status
The City of Modesto, its officers, officials, employees, agents, and volunteers are to be covered as additional insureds on the CGL policy with respect to liability arising out of work or operations performed by or on behalf of the Contractor including materials, parts, or equipment furnished in connection with such work or operations. General liability coverage can be provided in the form of an endorsement to the Contractor’s insurance with coverage equal to ISO form CG 2010. For completed operations, a separate endorsement equal to ISO form CG 2037 is required.

Primary Coverage
The Additional Insured coverage under the Contractor’s policy shall be “primary and noncontributory” and will not seek contribution from the City’s insurance or self-insurance and shall be at least as broad as CG 20 01 04 13. The City of Modesto does not accept endorsements limiting the Contractor’s insurance coverage to the sole negligence of the Named Insured.

Builder’s Risk (Course of Construction) Insurance
Contractor may submit evidence of Builder’s Risk insurance in the form of Course of Construction coverage. Such coverage shall name the Entity as a loss payee as their interest may appear. If the project does not involve new or major reconstruction, at the option of the Entity, an Installation Floater may be acceptable. For such projects, a Property Installation Floater shall be obtained that provides for the improvement, remodel, modification, alteration, conversion or adjustment to existing buildings, structures, processes, machinery and equipment. The Property Installation Floater shall provide property damage coverage for any building, structure, machinery, or equipment damaged, impaired, broken, or destroyed during the performance of the Work, including during transit, installation, and testing at the Entity’s site. #4..
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Exhibit A-3 City of Modesto
Dryden Clubhouse
Claims Made Policies

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

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

2. Insurance must be maintained and evidence of insurance must be provided for at least five (5) years after completion of contract work.

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

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

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

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

Waiver of Subrogation
Contractor hereby grants to City a waiver of any right to subrogation which any insurer of said Contractor may acquire against the City by virtue of the payment of any loss under such insurance. Contractor agrees to obtain any endorsement that may be necessary to affect this waiver of subrogation, but this provision applies regardless of whether or not the City has received a waiver of subrogation endorsement from the insurer.

Self-Insured Retentions
All Self-insured retentions must be disclosed to Risk Management for approval and shall not reduce the limits of liability. The City may require the Contractor to purchase coverage with a lower retention or provide proof of ability to pay losses and related investigations, claim administration, and defense expenses within the retention. Any and all deductibles and SIRs shall be the sole responsibility of Contractor or subcontractor who procured such insurance and shall not apply to the Indemnified Additional Insured Parties. #4..
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Exhibit A-4 City of Modesto
Dryden Clubhouse
Acceptability of Insurers
Insurance is to be placed with insurers with a current A.M. Best’s rating of no less than A:VII, unless otherwise acceptable to the City.

Verification of Coverage
Contractor shall furnish the City with original certificates and amendatory endorsements or copies of the applicable policy language effecting coverage required by this clause and a copy of the Declarations and Endorsements Pages of the CGL and any Excess policies listing all policy endorsements. All certificates and endorsements are to be received and approved by the City’s Risk Management Division before work commences. However, failure to obtain the required documents prior to the work beginning shall not waive the Contractor’s obligation to provide them. The City reserves the right to require complete, certified copies of all required insurance policies, including endorsements required by these specifications, at any time. City reserves the right to obtain a full certified copy of any insurance policy and endorsements. Failure to exercise this right shall not constitute a waiver of right to exercise later.

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

Special Risks or Circumstances
City reserves the right to modify these requirements, including limits, based on the nature of the risk, prior experience, insurer, coverage, or other special circumstances.

Certificate Holder Address
Proper address for mailing certificates, endorsements and notices shall be:

City of Modesto
Attn: Risk Management
1010 10th Street
Modesto, CA 95354
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Dryden Clubhouse
Bid Tabulation Wednesday, October 8, 2025
Project Title: Dryden Clubhouse
Project ID #: 2026-01
Vault ID #: 19-D-0401
Bid Opening: 9/23/2025 at 11:00 AM Designer: LDA Partners Architect Basis of Award: Base Bid, Bid Alt 2, Bid Alt 3 Design Manager: Ken Peterson Project Description: Project includes the construction of the golf course clubhouse facilities including golf pro-shop, full-service restaurant, putting green, outdoor event space, improved parking lot, paving, lighting, drainage, irrigation and landscape improvements.

Item # Item Description Units Quantity Unit Price Extension Apparent Low Bidder
Diede Construction, Inc.
(209) 369-8255 12393 N. Hwy 99, Lodi, CA 95240
Base Bid

1. Mobilization and Demobilization LS 1 $40,260.00 $40,260.00 (Max 5% of Total Base Bid)

2. Stormwater Pollution Prevention Plan (SWPPP) LS 1 $42,700.00 $42,700.00

3. Temporary Construction Fencing LS 1 $2,440.00 $2,440.00

4. Site Preparation (Clearing, Grubbing, SF 161,534 $0.50 $80,767.00 Demolition, & Disposal)

5. Site Grading (Rough / Fine) SF 139,609 $0.70 $97,726.30

6. Soil Export LS 1 $12,444.00 $12,444.00

7. Tree Removal EA 19 $976.00 $18,544.00

8. Storm Drain Catch Basins EA 2 $4,270.00 $8,540.00

9. Storm Drain Manhole EA 2 $4,392.00 $8,784.00

10. 18” Storm Drain Line LF 511 $98.00 $50,078.00

11. 12" Storm Drain Line LF 100 $92.00 $9,200.00

12. 8" Storm Drain Line LF 45 $73.00 $3,285.00

13. 6" Storm Drain Line LF 295 $67.00 $19,765.00

14. 4" Storm Drain Line Connection LF 8 $73.00 $584.00

15. Area Drain EA 7 $1,098.00 $7,686.00

16. Horizontal Drain LF 40 $488.00 $19,520.00

17. Bubble Up Drain Outlet EA 1 $6,710.00 $6,710.00

18. Drywell Tie-In EA 2 $1,464.00 $2,928.00

19. Rainwater Leader LF 96 $73.00 $7,008.00

20. Sewer Tie-In EA 1 $976.00 $976.00

21. Sand / Oil Grease Interceptor EA 1 $18,300.00 $18,300.00

22. 4” Sanitary Sewer Line LF 199 $79.00 $15,721.00

23. 3" Sanitary Sewer Line LF 48 $73.00 $3,504.00

24. Sanitary Sewer Cleanout EA 2 $1,464.00 $2,928.00

25. Floor Drain in Trash Enclosure EA 1 $1,342.00 $1,342.00

26. 6” Water Line (Fire) LF 28 $244.00 $6,832.00

27. 6" Gate Valve (Fire) EA 2 $1,952.00 $3,904.00

28. 2.5” Water Line LF 298 $98.00 $29,204.00

29. 2” Water Line LF 62 $73.00 $4,526.00

30. 3/4” Water Line LF 65 $67.00 $4,355.00

31. 6" Backflow Preventer (Fire Service Double EA 1 $15,250.00 $15,250.00 #4..
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Dryden Clubhouse
Item # Item Description Units Quantity Unit Price Extension Check Detector)

32. 2" Backflow Preventer EA 2 $4,270.00 $8,540.00

33. Fire Hydrants EA 1 $10,370.00 $10,370.00

34. 2" Water Meter EA 2 $1,037.00 $2,074.00

35. Gas Service Allowance LS 1 $50,000.00 $50,000.00

36. 5 Gallon Grass EA 30 $37.00 $1,110.00

37. 1 Gallon Groundcover EA 1,234 $18.00 $22,212.00

38. 1 Gallon Shrub EA 164 $18.00 $2,952.00

39. 5 Gallon Shrub EA 309 $37.00 $11,433.00

40. 15 Gallon Tree EA 28 $220.00 $6,160.00

41. 24" Box Tree EA 3 $427.00 $1,281.00

42. 36" Box Tree EA 3 $1,220.00 $3,660.00

43. Root Barrier LF 2,042 $13.00 $26,546.00

44. 5 Gallon Vine EA 5 $43.00 $215.00

45. Bark Mulch 3" SF 39,727 $1.00 $39,727.00

46. Decomposed Granite SF 528 $15.00 $7,920.00

47. Jute Mesh for Slope SY 887 $7.00 $6,209.00

48. Putting Green (including drainage system, SF 3,386 $30.00 $101,580.00 cups and flags)

49. Irrigation System SF 34,451 $7.00 $241,157.00

50. Site Electrical System (Electrical Service, LS 1 $653,493.00 $653,493.00 EV Infrastructure, Lighting, Etc.)

51. Low Voltage Systems LS 1 $231,800.00 $231,800.00

52. Site Signage (Parking Lot) LS 1 $7,198.00 $7,198.00

53. Flagpole with Foundation EA 1 $9,150.00 $9,150.00

54. Trash Enclosure and Concrete Pad and Apron LS 1 $7,930.00 $7,930.00

55. Bike Rack Single Loop EA 6 $854.00 $5,124.00

56. Bike Locker EA 1 $5,856.00 $5,856.00

57. Asphalt Paving (including header board) SF 82,677 $6.00 $496,062.00

58. Concrete Site Flatwork (4" Sidewalk) SF 14,031 $12.00 $168,372.00

59. Concrete Site Flatwork (5" Vehicular) SF 2,641 $15.00 $39,615.00

60. Concrete Curb and Gutter LF 55 $98.00 $5,390.00

61. Concrete Single Curb LF 2,425 $43.00 $104,275.00

62. Detectable Warning Tiles SF 181 $43.00 $7,783.00

63. Parking Lot Paint Striping LS 1 $15,289.00 $15,289.00

64. Precast Wheel Stops EA 27 $73.00 $1,971.00

65. Monument Sign LS 1 $5,124.00 $5,124.00

66. Temporary Golf Trailer Relocation and Utilities LS 1 $4,453.00 $4,453.00

67. Golf Clubhouse LS 1 $5,237,460.00 $5,237,460.00

68. Soil Preparation SF 39,727 $1.00 $39,727.00

69. Fringe Sod SF 1,629 $4.00 $6,516.00
70 Open Turf SF 3,880 $2.00 $7,760.00
71 Landscape Establishment and Maintenance EA 2 $3,050.00 $6,100.00 (Monthly)
Subtotal: $8,155,405.30
Bid Add Alternative 2 – Perimeter Paving at Parking Lot 201. Site Grading (Rough / Fine) LS 1 $15,250.00 $15,250.00 202. Asphalt Paving SF 7,700 $6.00 $46,200.00
203. Concrete Curb and Gutter LF 278 $61.00 $16,958.00
204. Concrete Single Curb LF 294 $43.00 $12,642.00
205. Paint Striping LS 1 $1,987.00 $1,987.00
206. Site Lighting (including conduit and wire) EA 5 $7,661.00 $38,305.00 #4..
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Dryden Clubhouse
Item # Item Description Units Quantity Unit Price Extension 207. Soil Preparation SF 4,429 $1.00 $4,429.00
208. 5 Gallon Grass EA 4 $33.00 $132.00
209. 1 Gallon Ground Cover EA 109 $13.00 $1,417.00
210. 5 Gallon Shrub EA 138 $32.00 $4,416.00
211. 15 Gallon Tree EA 15 $183.00 $2,745.00
212. Root Barrier LF 918 $13.00 $11,934.00
213. Bark Mulch 3” SF 4,429 $1.00 $4,429.00
214. Irrigation System SF 4,429 $5.00 $22,145.00
215. Landscape Establishment and Maintenance EA 2 $1,220.00 $2,440.00 (Monthly)
216. Header Board Credit LF -605 $1.00 ($605.00)
217. Bark Mulch 3" Credit SF -7,100 $1.00 ($7,100.00)
Subtotal: $177,724.00
Bid Add Alternative 3 – Roadway Entry Improvements
301. Demolition and Removal LS 1 $6,832.00 $6,832.00
302. Site Grading (Rough / Fine) LS 1 $11,590.00 $11,590.00 303. Storm Drain Catch Basins EA 1 $4,270.00 $4,270.00
304. Asphalt Paving SF 3,500 $6.00 $21,000.00
305. Concrete Curb and Gutter LF 108 $61.00 $6,588.00
306. Concrete Single Curb LF 204 $43.00 $8,772.00
307. Tube Steel Fence LF 340 $170.00 $57,800.00
308. Pedestrian Gate EA 1 $12,619.00 $12,619.00
309. Automatic Vehicle Swing Gate & Controls EA 2 $26,596.00 $53,192.00 310. Pipe Barrier Gate EA 2 $8,921.00 $17,842.00
311. Irrigation System SF 2,398 $7.00 $16,786.00
312. 1 Gallon Groundcover EA 61 $15.00 $915.00
313. 24" Box Tree EA 3 $488.00 $1,464.00
314. Root Barrier LF 231 $13.00 $3,003.00
315. 5 Gallon Shrub EA 106 $49.00 $5,194.00
316. Electrical for Monument Sign Relocation LF 220 $8.00 $1,760.00 317. Site Electrical System (Electrical Service, LS 1 $24,400.00 $24,400.00 Lighting, Etc.)
318. Landscape Establishment and Maintenance EA 2 $854.00 $1,708.00 (Monthly)
319. Bark Mulch 3" SF 2,398 $1.00 $2,398.00
Subtotal: $258,133.00
Total: $8,591,262.30
Percent From Engineer's Estimate: -25.48%
Harris Builders, Inc.
(209) 664-9486 18736 Bloss Avenue, Hilmar, CA 95324
Base Bid

1. Mobilization and Demobilization LS 1 $429,900.00 $429,900.00 (Max 5% of Total Base Bid)

2. Stormwater Pollution Prevention Plan (SWPPP) LS 1 $39,200.00 $39,200.00

3. Temporary Construction Fencing LS 1 $8,960.00 $8,960.00

4. Site Preparation (Clearing, Grubbing, SF 161,534 $0.79 $127,611.86 Demolition, & Disposal)

5. Site Grading (Rough / Fine) SF 139,609 $1.23 $171,719.07

6. Soil Export LS 1 $177,632.00 $177,632.00

7. Tree Removal EA 19 $1,473.68 $27,999.92

8. Storm Drain Catch Basins EA 2 $8,053.92 $16,107.84
#4..
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Page 4 of 10 ends

Dryden Clubhouse
Item # Item Description Units Quantity Unit Price Extension

9. Storm Drain Manhole EA 2 $9,601.76 $19,203.52

10. 18” Storm Drain Line LF 511 $84.00 $42,924.00

11. 12" Storm Drain Line LF 100 $53.76 $5,376.00

12. 8" Storm Drain Line LF 45 $75.04 $3,376.80

13. 6" Storm Drain Line LF 295 $71.68 $21,145.60

14. 4" Storm Drain Line Connection LF 8 $245.28 $1,962.24

15. Area Drain EA 7 $814.24 $5,699.68

16. Horizontal Drain LF 40 $181.44 $7,257.60

17. Bubble Up Drain Outlet EA 1 $8,749.44 $8,749.44

18. Drywell Tie-In EA 2 $2,382.24 $4,764.48

19. Rainwater Leader LF 96 $69.44 $6,666.24

20. Sewer Tie-In EA 1 $13,479.20 $13,479.20

21. Sand / Oil Grease Interceptor EA 1 $25,058.88 $25,058.88

22. 4” Sanitary Sewer Line LF 199 $38.08 $7,577.92

23. 3" Sanitary Sewer Line LF 48 $22.40 $1,075.20

24. Sanitary Sewer Cleanout EA 2 $2,349.76 $4,699.52

25. Floor Drain in Trash Enclosure EA 1 $1,688.96 $1,688.96

26. 6” Water Line (Fire) LF 28 $264.32 $7,400.96

27. 6" Gate Valve (Fire) EA 2 $4,196.64 $8,393.28

28. 2.5” Water Line LF 298 $64.96 $19,358.08

29. 2” Water Line LF 62 $190.40 $11,804.80

30. 3/4” Water Line LF 65 $52.64 $3,421.60

31. 6" Backflow Preventer (Fire Service Double EA 1 $29,552.32 $29,552.32 Check Detector)

32. 2" Backflow Preventer EA 2 $6,527.36 $13,054.72

33. Fire Hydrants EA 1 $13,937.28 $13,937.28

34. 2" Water Meter EA 2 $1,491.84 $2,983.68

35. Gas Service Allowance LS 1 $50,000.00 $50,000.00

36. 5 Gallon Grass EA 30 $33.60 $1,008.00

37. 1 Gallon Groundcover EA 1,234 $30.24 $37,316.16

38. 1 Gallon Shrub EA 164 $30.24 $4,959.36

39. 5 Gallon Shrub EA 309 $61.60 $19,034.40

40. 15 Gallon Tree EA 28 $274.40 $7,683.20

41. 24" Box Tree EA 3 $464.80 $1,394.40

42. 36" Box Tree EA 3 $1,170.40 $3,511.20

43. Root Barrier LF 2,042 $19.04 $38,879.68

44. 5 Gallon Vine EA 5 $48.16 $240.80

45. Bark Mulch 3" SF 39,727 $0.82 $32,576.14

46. Decomposed Granite SF 528 $9.07 $4,788.96

47. Jute Mesh for Slope SY 887 $2.13 $1,889.31

48. Putting Green (including drainage system, SF 3,386 $30.24 $102,392.64 cups and flags)

49. Irrigation System SF 34,451 $4.36 $150,206.36

50. Site Electrical System (Electrical Service, LS 1 $414,736.00 $414,736.00 EV Infrastructure, Lighting, Etc.)

51. Low Voltage Systems LS 1 $100,800.00 $100,800.00

52. Site Signage (Parking Lot) LS 1 $9,464.00 $9,464.00

53. Flagpole with Foundation EA 1 $10,528.00 $10,528.00

54. Trash Enclosure and Concrete Pad and Apron LS 1 $36,960.00 $36,960.00

55. Bike Rack Single Loop EA 6 $784.00 $4,704.00

56. Bike Locker EA 1 $5,376.00 $5,376.00

57. Asphalt Paving (including header board) SF 82,677 $6.16 $509,290.32 #4..
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Page 5 of 10 ends

Dryden Clubhouse
Item # Item Description Units Quantity Unit Price Extension

58. Concrete Site Flatwork (4" Sidewalk) SF 14,031 $20.34 $285,390.54

59. Concrete Site Flatwork (5" Vehicular) SF 2,641 $20.04 $52,925.64

60. Concrete Curb and Gutter LF 55 $116.94 $6,431.70

61. Concrete Single Curb LF 2,425 $68.32 $165,676.00

62. Detectable Warning Tiles SF 181 $81.31 $14,717.11

63. Parking Lot Paint Striping LS 1 $12,897.92 $12,897.92

64. Precast Wheel Stops EA 27 $123.20 $3,326.40

65. Monument Sign LS 1 $3,808.00 $3,808.00

66. Temporary Golf Trailer Relocation and Utilities LS 1 $47,600.00 $47,600.00

67. Golf Clubhouse LS 1 $5,276,714.46 $5,276,714.46

68. Soil Preparation SF 39,727 $0.50 $19,863.50

69. Fringe Sod SF 1,629 $3.92 $6,385.68

70. Open Turf SF 3,880 $2.02 $7,837.60

71. Landscape Establishment and Maintenance EA 2 $11,872.00 $23,744.00 (Monthly)
Subtotal: $8,764,800.17
Bid Add Alternative 2 – Perimeter Paving at Parking Lot 201. Site Grading (Rough / Fine) LS 1 $23,557.75 $23,557.75 202. Asphalt Paving SF 7,700 $5.75 $44,275.00
203. Concrete Curb and Gutter LF 278 $112.13 $31,172.14 204. Concrete Single Curb LF 294 $70.15 $20,624.10
205. Paint Striping LS 1 $2,311.50 $2,311.50
206. Site Lighting (including conduit and wire) EA 5 $10,465.00 $52,325.00 207. Soil Preparation SF 4,429 $0.52 $2,303.08
208. 5 Gallon Grass EA 4 $49.45 $197.80
209. 1 Gallon Ground Cover EA 109 $31.05 $3,384.45
210. 5 Gallon Shrub EA 138 $62.50 $8,625.00
211. 15 Gallon Tree EA 15 $281.75 $4,226.25
212. Root Barrier LF 918 $19.55 $17,946.90
213. Bark Mulch 3” SF 4,429 $1.64 $7,263.56
214. Irrigation System SF 4,429 $8.28 $36,672.12
215. Landscape Establishment and Maintenance EA 2 $770.50 $1,541.00 (Monthly)
216. Header Board Credit LF -605 $6.50 ($3,932.50)
217. Bark Mulch 3" Credit SF -7,100 $0.73 ($5,183.00)
Subtotal: $247,310.15
Bid Add Alternative 3 – Roadway Entry Improvements
301. Demolition and Removal LS 1 $5,830.02 $5,830.02
302. Site Grading (Rough / Fine) LS 1 $13,340.00 $13,340.00 303. Storm Drain Catch Basins EA 1 $14,207.10 $14,207.10 304. Asphalt Paving SF 3,500 $5.75 $20,125.00
305. Concrete Curb and Gutter LF 108 $112.13 $12,110.04 306. Concrete Single Curb LF 204 $70.15 $14,310.60
307. Tube Steel Fence LF 340 $111.62 $37,950.80
308. Pedestrian Gate EA 1 $9,775.00 $9,775.00
309. Automatic Vehicle Swing Gate & Controls EA 2 $18,917.50 $37,835.00 310. Pipe Barrier Gate EA 2 $4,140.00 $8,280.00
311. Irrigation System SF 2,398 $4.03 $9,663.94
312. 1 Gallon Groundcover EA 61 $31.05 $1,894.05
313. 24" Box Tree EA 3 $477.25 $1,431.75
314. Root Barrier LF 231 $19.55 $4,516.05
315. 5 Gallon Shrub EA 106 $63.25 $6,704.50
#4..
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Page 6 of 10 ends

Dryden Clubhouse
Item # Item Description Units Quantity Unit Price Extension 316. Electrical for Monument Sign Relocation LF 220 $49.66 $10,925.20 317. Site Electrical System (Electrical Service, LS 1 $17,480.00 $17,480.00 Lighting, Etc.)
318. Landscape Establishment and Maintenance EA 2 $460.00 $920.00 (Monthly)
319. Bark Mulch 3" SF 2,398 $0.85 $2,038.30
Subtotal: $229,337.35
Total: $9,241,447.67
Percent From Engineer's Estimate: -19.84%
Patriot Contracting, Inc.
(510) 780-2807 4301 Bettencourt Way, Union City, CA 94587 Base Bid

1. Mobilization and Demobilization (Max 5% of LS 1 $445,000.00 $445,000.00

2. Stormwater Pollution Prevention Plan (SWPPP) LS 1 $10,000.00 $10,000.00

3. Temporary Construction Fencing LS 1 $15,000.00 $15,000.00

4. Site Preparation (Clearing, Grubbing, SF 161,534 $2.50 $403,835.00 Demolition, & Disposal)

5. Site Grading (Rough / Fine) SF 139,609 $10.00 $1,396,090.00

6. Soil Export LS 1 $50,000.00 $50,000.00

7. Tree Removal EA 19 $4,000.00 $76,000.00

8. Storm Drain Catch Basins EA 2 $9,000.00 $18,000.00

9. Storm Drain Manhole EA 2 $9,000.00 $18,000.00

10. 18” Storm Drain Line LF 511 $250.00 $127,750.00

11. 12" Storm Drain Line LF 100 $200.00 $20,000.00

12. 8" Storm Drain Line LF 45 $150.00 $6,750.00

13. 6" Storm Drain Line LF 295 $150.00 $44,250.00

14. 4" Storm Drain Line Connection LF 8 $15,000.00 $120,000.00

15. Area Drain EA 7 $8,000.00 $56,000.00

16. Horizontal Drain LF 40 $3,000.00 $120,000.00

17. Bubble Up Drain Outlet EA 1 $3,000.00 $3,000.00

18. Drywell Tie-In EA 2 $7,000.00 $14,000.00

19. Rainwater Leader LF 96 $120.00 $11,520.00

20. Sewer Tie-In EA 1 $7,000.00 $7,000.00

21. Sand / Oil Grease Interceptor EA 1 $5,000.00 $5,000.00

22. 4” Sanitary Sewer Line LF 199 $150.00 $29,850.00

23. 3" Sanitary Sewer Line LF 48 $150.00 $7,200.00

24. Sanitary Sewer Cleanout EA 2 $4,000.00 $8,000.00

25. Floor Drain in Trash Enclosure EA 1 $3,000.00 $3,000.00

26. 6” Water Line (Fire) LF 28 $250.00 $7,000.00

27. 6" Gate Valve (Fire) EA 2 $2,000.00 $4,000.00

28. 2.5” Water Line LF 298 $150.00 $44,700.00

29. 2” Water Line LF 62 $150.00 $9,300.00

30. 3/4” Water Line LF 65 $150.00 $9,750.00

31. 6" Backflow Preventer (Fire Service Double EA 1 $8,000.00 $8,000.00 Check Detector)

32. 2" Backflow Preventer EA 2 $8,000.00 $16,000.00

33. Fire Hydrants EA 1 $8,000.00 $8,000.00

34. 2" Water Meter EA 2 $5,000.00 $10,000.00

35. Gas Service Allowance LS 1 $50,000.00 $50,000.00

36. 5 Gallon Grass EA 30 $1,000.00 $30,000.00

37. 1 Gallon Groundcover EA 1,234 $20.00 $24,680.00
#4..
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Page 7 of 10 ends

Dryden Clubhouse
Item # Item Description Units Quantity Unit Price Extension

38. 1 Gallon Shrub EA 164 $20.00 $3,280.00

39. 5 Gallon Shrub EA 309 $50.00 $15,450.00

40. 15 Gallon Tree EA 28 $3,000.00 $84,000.00

41. 24" Box Tree EA 3 $3,200.00 $9,600.00

42. 36" Box Tree EA 3 $4,200.00 $12,600.00

43. Root Barrier LF 2,042 $5.00 $10,210.00

44. 5 Gallon Vine EA 5 $1,000.00 $5,000.00

45. Bark Mulch 3" SF 39,727 $6.00 $238,362.00

46. Decomposed Granite SF 528 $12.00 $6,336.00

47. Jute Mesh for Slope SY 887 $15.00 $13,305.00

48. Putting Green (including drainage system, SF 3,386 $6.00 $20,316.00 cups and flags)

49. Irrigation System SF 34,451 $23.00 $792,373.00

50. Site Electrical System (Electrical Service, LS 1 $1,000,000.00 $1,000,000.00 EV Infrastructure, Lighting, Etc.)

51. Low Voltage Systems LS 1 $100,000.00 $100,000.00

52. Site Signage (Parking Lot) LS 1 $30,000.00 $30,000.00

53. Flagpole with Foundation EA 1 $5,000.00 $5,000.00

54. Trash Enclosure and Concrete Pad and Apron LS 1 $10,000.00 $10,000.00

55. Bike Rack Single Loop EA 6 $11,000.00 $66,000.00

56. Bike Locker EA 1 $300.00 $300.00

57. Asphalt Paving (including header board) SF 82,677 $11.00 $909,447.00

58. Concrete Site Flatwork (4" Sidewalk) SF 14,031 $35.00 $491,085.00

59. Concrete Site Flatwork (5" Vehicular) SF 2,641 $40.00 $105,640.00

60. Concrete Curb and Gutter LF 55 $100.00 $5,500.00

61. Concrete Single Curb LF 2,425 $65.00 $157,625.00

62. Detectable Warning Tiles SF 181 $200.00 $36,200.00

63. Parking Lot Paint Striping LS 1 $10,000.00 $10,000.00

64. Precast Wheel Stops EA 27 $300.00 $8,100.00

65. Monument Sign LS 1 $15,000.00 $15,000.00

66. Temporary Golf Trailer Relocation and Utilities LS 1 $250,000.00 $250,000.00

67. Golf Clubhouse LS 1 $4,646,000.00 $4,646,000.00

68. Soil Preparation SF 39,727 $5.00 $198,635.00

69. Fringe Sod SF 1,629 $5.00 $8,145.00

70. Open Turf SF 3,880 $9.00 $34,920.00

71. Landscape Establishment and Maintenance EA 2 $15,000.00 $30,000.00 (Monthly)
Subtotal: $12,565,104.00
Bid Add Alternative 2 – Perimeter Paving at Parking Lot 201. Site Grading (Rough / Fine) LS 1 $30,000.00 $30,000.00 202. Asphalt Paving SF 7,700 $20.00 $154,000.00
203. Concrete Curb and Gutter LF 278 $100.00 $27,800.00 204. Concrete Single Curb LF 294 $200.00 $58,800.00
205. Paint Striping LS 1 $20,000.00 $20,000.00
206. Site Lighting (including conduit and wire) EA 5 $25,000.00 $125,000.00 207. Soil Preparation SF 4,429 $6.00 $26,574.00
208. 5 Gallon Grass EA 4 $55.00 $220.00
209. 1 Gallon Ground Cover EA 109 $5.00 $545.00
210. 5 Gallon Shrub EA 138 $30.00 $4,140.00
211. 15 Gallon Tree EA 15 $3,000.00 $45,000.00
212. Root Barrier LF 918 $6.00 $5,508.00
213. Bark Mulch 3” SF 4,429 $6.00 $26,574.00
#4..
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Page 8 of 10 ends

Dryden Clubhouse
Item # Item Description Units Quantity Unit Price Extension 214. Irrigation System SF 4,429 $25.00 $110,725.00
215. Landscape Establishment and Maintenance EA 2 $30,000.00 $60,000.00 (Monthly)
216. Header Board Credit LF -605 $10.00 ($6,050.00)
217. Bark Mulch 3" Credit SF -7,100 $3.00 ($21,300.00)
Subtotal: $667,536.00
Bid Add Alternative 3 – Roadway Entry Improvements
301. Demolition and Removal LS 1 $45,000.00 $45,000.00
302. Site Grading (Rough / Fine) LS 1 $65,000.00 $65,000.00 303. Storm Drain Catch Basins EA 1 $7,000.00 $7,000.00
304. Asphalt Paving SF 3,500 $8.00 $28,000.00
305. Concrete Curb and Gutter LF 108 $65.00 $7,020.00
306. Concrete Single Curb LF 204 $65.00 $13,260.00
307. Tube Steel Fence LF 340 $15.00 $5,100.00
308. Pedestrian Gate EA 1 $5,000.00 $5,000.00
309. Automatic Vehicle Swing Gate & Controls EA 2 $8,000.00 $16,000.00 310. Pipe Barrier Gate EA 2 $1,500.00 $3,000.00
311. Irrigation System SF 2,398 $15.00 $35,970.00
312. 1 Gallon Groundcover EA 61 $5.00 $305.00
313. 24" Box Tree EA 3 $1,200.00 $3,600.00
314. Root Barrier LF 231 $6.00 $1,386.00
315. 5 Gallon Shrub EA 106 $250.00 $26,500.00
316. Electrical for Monument Sign Relocation LF 220 $150.00 $33,000.00 317. Site Electrical System (Electrical Service, LS 1 $150,000.00 $150,000.00 Lighting, Etc.)
318. Landscape Establishment and Maintenance EA 2 $5,000.00 $10,000.00 (Monthly)
319. Bark Mulch 3" SF 2,398 $6.00 $14,388.00
Subtotal: $469,529.00
Total: $13,702,169.00
Percent From Engineer's Estimate: 18.85%
Engineer's Estimate
Base Bid

1. Mobilization and Demobilization LS 1 $205,000.00 $205,000.00 (Max 5% of Total Base Bid)

2. Stormwater Pollution Prevention Plan (SWPPP) LS 1 $15,000.00 $15,000.00

3. Temporary Construction Fencing LS 1 $12,000.00 $12,000.00

4. Site Preparation (Clearing, Grubbing, SF 161,534 $2.72 $439,372.48 Demolition, & Disposal)

5. Site Grading (Rough / Fine) SF 139,609 $3.49 $487,235.41

6. Soil Export LS 1 $81,088.00 $81,088.00

7. Tree Removal EA 19 $515.00 $9,785.00

8. Storm Drain Catch Basins EA 2 $1,641.66 $3,283.32

9. Storm Drain Manhole EA 2 $14,000.00 $28,000.00

10. 18” Storm Drain Line LF 511 $193.74 $99,001.14

11. 12" Storm Drain Line LF 100 $156.35 $15,635.00

12. 8" Storm Drain Line LF 45 $132.03 $5,941.35

13. 6" Storm Drain Line LF 295 $118.00 $34,810.00

14. 4" Storm Drain Line Connection LF 8 $79.11 $632.88

15. Area Drain EA 7 $1,937.41 $13,561.87

16. Horizontal Drain LF 40 $207.30 $8,292.00
#4..
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Page 9 of 10 ends

Dryden Clubhouse
Item # Item Description Units Quantity Unit Price Extension

17. Bubble Up Drain Outlet EA 1 $44.30 $44.30

18. Drywell Tie-In EA 2 $1,044.30 $2,088.60

19. Rainwater Leader LF 96 $80.73 $7,750.08

20. Sewer Tie-In EA 1 $8,072.53 $8,072.53

21. Sand / Oil Grease Interceptor EA 1 $63,842.43 $63,842.43

22. 4” Sanitary Sewer Line LF 199 $100.32 $19,963.68

23. 3" Sanitary Sewer Line LF 48 $100.32 $4,815.36

24. Sanitary Sewer Cleanout EA 2 $364.81 $729.62

25. Floor Drain in Trash Enclosure EA 1 $500.00 $500.00

26. 6” Water Line (Fire) LF 28 $145.93 $4,086.04

27. 6" Gate Valve (Fire) EA 2 $1,300.00 $2,600.00

28. 2.5” Water Line LF 298 $95.00 $28,310.00

29. 2” Water Line LF 62 $89.00 $5,518.00

30. 3/4” Water Line LF 65 $67.00 $4,355.00

31. 6" Backflow Preventer (Fire Service Double EA 1 $8,072.53 $8,072.53 Check Detector)

32. 2" Backflow Preventer EA 2 $807.25 $1,614.50

33. Fire Hydrants EA 1 $8,209.31 $8,209.31

34. 2" Water Meter EA 2 $6,135.13 $12,270.26

35. Gas Service Allowance LS 1 $50,000.00 $50,000.00

36. 5 Gallon Grass EA 30 $54.00 $1,620.00

37. 1 Gallon Groundcover EA 1,234 $11.00 $13,574.00

38. 1 Gallon Shrub EA 164 $23.00 $3,772.00

39. 5 Gallon Shrub EA 309 $56.00 $17,304.00

40. 15 Gallon Tree EA 28 $233.00 $6,524.00

41. 24" Box Tree EA 3 $565.08 $1,695.24

42. 36" Box Tree EA 3 $2,421.76 $7,265.28

43. Root Barrier LF 2,042 $7.50 $15,315.00

44. 5 Gallon Vine EA 5 $56.51 $282.55

45. Bark Mulch 3" SF 39,727 $1.08 $42,905.16

46. Decomposed Granite SF 528 $6.46 $3,410.88

47. Jute Mesh for Slope SY 887 $4.13 $3,663.31

48. Putting Green (including drainage system, SF 3,386 $54.00 $182,844.00 cups and flags)

49. Irrigation System SF 34,451 $2.02 $69,591.02

50. Site Electrical System (Electrical Service, LS 1 $725,063.20 $725,063.20 EV Infrastructure, Lighting, Etc.)

51. Low Voltage Systems LS 1 $87,555.34 $87,555.34

52. Site Signage (Parking Lot) LS 1 $19,975.61 $19,975.61

53. Flagpole with Foundation EA 1 $13,680.52 $13,680.52

54. Trash Enclosure and Concrete Pad and Apron LS 1 $65,000.00 $65,000.00

55. Bike Rack Single Loop EA 6 $850.00 $5,100.00

56. Bike Locker EA 1 $1,772.21 $1,772.21

57. Asphalt Paving (including header board) SF 82,677 $12.00 $992,124.00

58. Concrete Site Flatwork (4" Sidewalk) SF 14,031 $16.00 $224,496.00

59. Concrete Site Flatwork (5" Vehicular) SF 2,641 $22.00 $58,102.00

60. Concrete Curb and Gutter LF 55 $51.79 $2,848.45

61. Concrete Single Curb LF 2,425 $36.00 $87,300.00

62. Detectable Warning Tiles SF 181 $36.48 $6,602.88

63. Parking Lot Paint Striping LS 1 $17,037.32 $17,037.32

64. Precast Wheel Stops EA 27 $273.61 $7,387.47

65. Monument Sign LS 1 $32,290.13 $32,290.13
#4..
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Page 10 of 10 ends

Dryden Clubhouse
Item # Item Description Units Quantity Unit Price Extension

66. Temporary Golf Trailer Relocation and Utilities LS 1 $25,568.63 $25,568.63

67. Golf Clubhouse LS 1 $6,553,819.08 $6,553,819.08

68. Soil Preparation SF 39,727 $0.23 $9,137.21

69. Fringe Sod SF 1,629 $2.25 $3,665.25

70. Open Turf SF 3,880 $9.00 $34,920.00

71. Landscape Establishment and Maintenance EA 2 $4,050.00 $8,100.00 (Monthly)
Subtotal: $11,042,792.43
Bid Add Alternative 2 – Perimeter Paving at Parking Lot 201. Site Grading (Rough / Fine) LS 1 $22,143.52 $22,143.52 202. Asphalt Paving SF 7,700 $12.40 $95,480.00
203. Concrete Curb and Gutter LF 278 $49.00 $13,622.00
204. Concrete Single Curb LF 294 $36.00 $10,584.00
205. Paint Striping LS 1 $1,500.00 $1,500.00
206. Site Lighting (including conduit and wire) EA 5 $8,000.00 $40,000.00 207. Soil Preparation SF 4,429 $0.23 $1,018.67
208. 5 Gallon Grass EA 4 $54.00 $216.00
209. 1 Gallon Ground Cover EA 109 $11.00 $1,199.00
210. 5 Gallon Shrub EA 138 $56.00 $7,728.00
211. 15 Gallon Tree EA 15 $233.00 $3,495.00
212. Root Barrier LF 918 $7.50 $6,885.00
213. Bark Mulch 3” SF 4,429 $1.08 $4,783.32
214. Irrigation System SF 4,429 $2.02 $8,946.58
215. Landscape Establishment and Maintenance EA 2 $2,625.00 $5,250.00 (Monthly)
216. Header Board Credit LF -605 $23.21 ($14,042.05)
217. Bark Mulch 3" Credit SF -7,100 $1.08 ($7,668.00)
Subtotal: $201,141.04
Bid Add Alternative 3 – Roadway Entry Improvements
301. Demolition and Removal LS 1 $10,500.00 $10,500.00
302. Site Grading (Rough / Fine) LS 1 $10,000.00 $10,000.00 303. Storm Drain Catch Basins EA 1 $1,641.66 $1,641.66
304. Asphalt Paving SF 3,500 $12.40 $43,400.00
305. Concrete Curb and Gutter LF 108 $27.36 $2,954.88
306. Concrete Single Curb LF 204 $36.00 $7,344.00
307. Tube Steel Fence LF 340 $185.67 $63,127.80
308. Pedestrian Gate EA 1 $2,101.00 $2,101.00
309. Automatic Vehicle Swing Gate & Controls EA 2 $31,795.84 $63,591.68 310. Pipe Barrier Gate EA 2 $9,290.13 $18,580.26
311. Irrigation System SF 2,398 $2.02 $4,843.96
312. 1 Gallon Groundcover EA 61 $24.22 $1,477.42
313. 24" Box Tree EA 3 $565.08 $1,695.24
314. Root Barrier LF 231 $7.50 $1,732.50
315. 5 Gallon Shrub EA 106 $52.64 $5,579.84
316. Electrical for Monument Sign Relocation LF 220 $136.80 $30,096.00 317. Site Electrical System (Electrical Service, LS 1 $11,450.00 $11,450.00 Lighting, Etc.)
318. Landscape Establishment and Maintenance EA 2 $1,250.00 $2,500.00 (Monthly)
319. Bark Mulch 3" SF 2,398 $1.08 $2,589.84
Subtotal: $285,206.08
Total: $11,529,139.55
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CONSTRUCTION MANAGEMENT, INSPECTION, AND MATERIALS TESTING

SERVICES AGREEMENT FOR DRYDEN CLUBHOUSE PROJECT
THIS AGREEMENT, made and entered into in the City of Modesto, State of California, this day of , 2025, (“Effective Date”) by and between the CITY OF MODESTO, a municipal corporation of the State of California, hereinafter referred to as "City", and DILLON & MURPHY ENGINEERING, a California corporation, hereinafter referred to as "Consultant".

This Agreement is made with regard to the following recitals:

A. The City has determined that Construction Management Services, Inspections and Materials Testing Services should be performed for the DRYDEN CLUBHOUSE PROJECT for the City.

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

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

1. SCOPE OF SERVICES.

Consultant shall undertake and complete the preparation of the scope of work as set forth and described in the documents attached hereto and referred to as Exhibit "A" or "project". The Consultant shall perform the services as described in Exhibit "A" in a manner compatible with the standards of its profession and shall produce a fully complete project that is acceptable to City.

2. TERM OF AGREEMENT.
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This Agreement is effective as of the date first written above and will continue in effect until City’s acceptance of and payment for all services authorized by City and performed by Consultant, unless terminated earlier in accordance with the provisions of the termination clause in this Agreement.

Consultant shall undertake and complete the preparation of the scope of work as set forth and described in the documents commonly referred to as “project” attached hereto as Exhibit "A" and made a part hereof. City hereby gives Consultant notice to proceed with the preparation of the project in the manner described in Exhibit "A", as of the Effective Date of this agreement. Consultant shall diligently proceed with the preparation of the project and agrees to complete said preparation within the time period set forth in Exhibit "A".

3. COMPENSATION.

Consultant agrees to accept a sum not to exceed SEVEN HUNDRED SEVENTY-TWO THOUSAND EIGHT HUNDRED SEVENTY-SIX 00/100 DOLLARS ($772,876.00) (maximum compensation) as full remuneration for performing all services and furnishing all staffing and materials for City in accordance with Exhibit "A" attached hereto and for performance by Consultant of all of its duties and obligations under this Agreement, except that additional services may be compensated as described below.

The Compensation shall be paid pursuant in the manner and at the times set forth below:

City shall pay Consultant on a time and materials basis for Consultant’s actual costs for all work called for in Exhibit “A” to this Agreement. All 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, #4..
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and billable rates for all work completed, and detailed receipts for any out-of-pocket costs paid by Consultant in connection with work performed on this project.

Additional services may be authorized by the City Manager in an amount up to, but not to exceed 10% of the agreed maximum compensation, or SEVENTY-SEVEN THOUSAND TWO HUNDRED EIGHTY-SEVEN 60/100 DOLLARS ($77,287.60). In the event that additional services are deemed necessary, the Consultant shall provide a written request to the City Manager indicating the reason for additional work, scope and cost of such work. The City Manager shall provide a written response to the request, either approving or denying the additional expenditure. If additional services are requested and approved, they will be billed at the hourly rates set forth in Exhibit “B” and may not exceed the amount requested and approved in writing by the City Manager. In that event, the new total compensation shall not exceed EIGHT HUNDRED FIFTY THOUSAND ONE HUNDRED SIXTY-THREE 60/100 DOLLARS ($850,163.60). If additional services in excess of this amount are deemed necessary by City Staff, an amendment to this Agreement will be required and must be approved by the City Council prior to commencing the work, as provided in Paragraph 9 of this agreement.

4. OBLIGATIONS OF CONSULTANT.

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

Consultant warrants that it has all of the necessary professional capabilities and experience, as well as all tools, instrumentalities, facilities and other resources necessary to provide the City with the services contemplated by this Agreement. Consultant further warrants that it will follow the best current, generally accepted and professional practices to make findings, render opinions, #4..
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prepare factual presentations, and provide professional advice and recommendations regarding this project.

5. PERFORMANCE BY KEY EMPLOYEE.

Consultant has represented to City that KEVIN MORAN,
CONSTRUCTION MANAGER will be the person primarily responsible for the performance of the services referred to in this Agreement. City has entered into this Agreement in reliance on that representation by Consultant.

6. OWNERSHIP OF DOCUMENTS/TITLE TO DATA.

Ownership of Documents
All reports, drawings, designs, graphics, working papers and other incidental work or materials furnished hereunder shall become and remain the property of the City, and may be used by City as it may require without any additional cost to City. No reports shall be used by the Consultant for purposes other than this contract without the express prior written consent of City.

Title to Data
If, as a part of the agreement, Consultant is required to produce data such as, but not limited to, drawings, plans, specifications, calculations, models, flow diagrams, visual aids and other related materials, the originals of all such data generated under this agreement will be delivered to City upon the completion or termination of services under the 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 #4..
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direct or indirect use by Consultant after termination of this Agreement without written consent of the City.

7. NEWS AND INFORMATION RELEASE.

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

8. CONFLICT OF INTEREST.

Consultant warrants that it presently has no interest and shall not acquire any interest, direct or indirect, which would create a “conflict of interest”, as that term is defined in the Political Reform Act (Gov. Code § 81000 et seq), for the Consultant in the performance of this Agreement. Consultant warrants that, in performance of this Agreement, Consultant shall not employ any person having any such interest. Consultant understands that, if this Agreement is made in violation of Government Code § 1090 et seq., the entire Agreement is void and Consultant will not be entitled to any compensation for services performed. Consultant agrees to file a Statement of Economic Interests with the City Clerk at the start and end of this Agreement if so, required at the option of City.

9. AMENDMENTS.

Both parties to this Agreement understand that it may become desirable or necessary during the execution of this Agreement, for City or Consultant to modify the scope of services provided for under this Agreement. Any material extension or change in the scope of work shall be discussed with City and the change and cost shall be memorialized in a written amendment to the original contract prior to the performance of the additional work. #4..
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Until a change order is so executed, City will not be responsible to pay any charges Consultant may incur in performing such additional services, and Consultant shall not be required to perform any such additional services.

10. INDEPENDENT CONTRACTOR.

All acts of Consultant, its agents, officers, and employees and all others acting on behalf of Consultant relating to the performance of this Agreement, shall be performed as independent contractors and not as agents, officers, or employees of City. Consultant, by virtue of this Agreement, has no authority to bind or incur any obligation on behalf of City.

Consultant has no authority or responsibility to exercise any rights or power vested in the City.

No agent, officer, or employee of the City is to be considered an employee of Consultant. It is understood by both Consultant and City that this Agreement shall not under any circumstances be construed or considered to create an employer-employee relationship or a joint venture.

Consultant, its agents, officers and employees are and, at all times during the terms of this Agreement, shall represent and conduct themselves as independent contractors and not as employees of City.

Consultant shall determine the method, details and means of performing the work and services to be provided by Consultant under this Agreement. Consultant shall be responsible to City only for the requirements and results specified in this Agreement, and, except as expressly provided in this Agreement, shall not be subjected to City 's control with respect to the physical action or activities of the Consultant in fulfillment of this Agreement. Consultant has control over the manner and means of performing the services under this Agreement.

Consultant is permitted to provide services to others during the same period service is provided to City under this Agreement. If necessary, Consultant has the responsibility for employing #4..
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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 contractor, Consultant hereby indemnifies and holds City harmless from any and all claims that may be made against City based upon any contention by any third party that an employer-employee relationship exists by reason of this Agreement.

11. ASSIGNMENT.

Neither this Agreement nor any portion thereof shall be subcontracted or assigned without the express prior written consent of the City in each and every instance.

12. PATENT/COPYRIGHT MATERIALS.

Unless otherwise expressly provided in the Agreement, Consultant shall be solely responsible for obtaining the right to use any patented or copyrighted materials in the #4..
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performance of this Agreement. Consultant shall furnish a warranty of such right to use to City at the request of City.

13. NOTICES.

Notice required by this Agreement shall be given in writing and shall be deemed given and effective upon receipt provided that such are delivered in accordance with the provisions of this Section. Notices shall be delivered either by: (a) personal delivery (including delivery by an overnight courier service which obtains confirmation of receipt); or (b) by facsimile, provided that such transmission is followed by delivery by an overnight courier service which obtains confirmation of receipt; or (c) postage prepaid, return receipt requested, certified mail; or (d) by electronic transmission subject to reasonable proof that the notice was both transmitted and received. Each such notice shall be sent to the parties at the address respectively set forth below or to such other address as a party may designate by written notice given in accordance with the provisions of this Section:

FOR CONSULTANT: Name: Dillon & Murphy Engineering
Address: 847 N Cluff Avenue STE A2
Lodi, CA 95241
Attention: Kevin Moran
Phone: (209) 327-0779
E-mail: [email protected]
FOR CITY: Name: City of Modesto
Address: P.O. Box 642
Modesto, CA 95353
Attention: Pete Kambel, Senior Civil Engineer
Phone: (209) 577-5444
E-mail: [email protected]

14. INSURANCE REQUIREMENTS.

During the term of this Agreement, Consultant shall maintain in full force and effect at its own cost and expense the insurance coverage as set forth in Exhibit C, attached #4..
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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 giving written notification to Consultant. The termination date shall be the effective date of the notice. For the purposes of this section, material breach of this Agreement shall include, but not be limited to, any of the following: failure to perform required services or duties, willful destruction of City 's property by Consultant, dishonesty or theft.

Termination by City for Convenience
TheCity may also terminate theConsultant's performance underthe Agreement, eitherin whole orin part, at its own discretion, or when conditions encountered during the Work make it impossible orimpracticable to proceed, or when theCity is prevented fromproceeding 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. TheCity shall provide no lessthan 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
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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; d. Deliver or otherwise make available to the City all data, drawings, specifications, reports, estimates,summaries and such other information and material as may have been accumulated by the Consultant in performing the Work whether completed or in process; e. Settle outstanding liabilities and claims, subject to the approval of City;
f. Complete performance of such part of the Work as has not been terminated;
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g. Take such other actions as may be necessary, or as may be directed by the City for the protection and preservation of the Work and/or property related to the Work;
h. If City so requests, and at City 's cost, Consultant shall provide sufficient oral or written status reports to make City reasonably aware of the status of Consultant 's work on the project. i. The Consultant understands and agrees that City may, in City 's sole discretion, refuse to pay Consultant for that portion of Consultant 's services which were performed by Consultant on the project prior to the termination date and which remain
unacceptable and/or not useful to City as of the termination date.

City will pay Consultant an amount based on the percentage of satisfactory work completed in accordance with the notice of termination. The final payment to the Consultant after termination for convenience shall be limited to amounts due and owing under the Agreement at time of termination, including the following:
a. The cost of settling and paying valid claims arising out of the termination of the Work such as subconsultant agreements or contracts for materials;
b. The Agreement price allocable to the portion of the Work properly performed or goods supplied to the work site by the Consultant as of the date of termination, as determined in accordance with the notice of termination, reduced by any sums previously paid to the Consultant.
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Authorization to Terminate Agreement
Termination of the Agreement may be invoked by the City Manager, or his/her designee, subject to the right of the Consultant to appeal the City Manager, or his/her designee’s, decision to the City Council. The Consultant shall appeal by notifying the City Clerk in writing within ten (10) calendar days of receipt of written notification from City of termination of the Agreement. In the event that termination of this Agreement is upheld by the City Council, any cessation of payment of delay claims, extended claims, Eichleay claims, or any other claims for delay shall be retroactive to the date of termination selected by the City Manager, or his/her designee.

16. CERTIFIED PAYROLL REQUIREMENT.

If Consultant is performing “public works” as defined in Labor Code section 1720(a), Consultant shall pay all workers, and shall ensure its subcontractors pay all of their workers, engaged in performing the services described in Exhibit “A” not less than the general prevailing rate of per diem wages for work of a similar character in the locality in which the services described in Exhibit “A” are to be performed, and not less than the general prevailing rate of per diem wages for holiday and overtime work as provided in the California Labor Code. In accordance with California Labor Code Section 1773.2, the City has obtained the general prevailing wages in the locality in which the services described in Exhibit A are to be performed for each craft or type of work needed to be as published by the State of California Department of Industrial Relations, Division of Labor Statistics and Research, a copy of which is on file in the City’s Purchasing Department and shall be made available on request. Consultant must comply with all applicable laws and regulations that apply to wages earned in performance of the services described in Exhibit “A”, including those set forth in Labor Code section 1770 et. seq. #4..
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17. INDEMNITY.

If Consultant is Design Professional performing design professional services, as defined in California Civil Code section2782.8, Consultant agrees to indemnify, defend, and hold harmless the City, its agents, officers, officials, employees and volunteers, rom 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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Consultant 's obligation to defend, indemnify, and hold the City, its agents, officers, and employees harmless under the provisions of this paragraph is not limited to or restricted by any requirement in this Agreement for Consultant to procure and maintain a policy of insurance.

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

18. DISPUTE RESOLUTION.

Venue for all claims, controversies, or disputes arising out of, or relating to the formation of this Agreement, or the breach, termination execution, enforcement, interpretation, or validity of this Agreement, including the determination of the scope or applicability of this contract provision shall be in the Superior Court of Stanislaus County or the United States District Court for the Eastern District of California.

19. ATTORNEY’S FEES.

If a party to this Agreement brings any action, including an action for declaratory relief, to enforce or interpret the provision of this Agreement, the prevailing party shall be entitled to reasonable attorneys’ fees in addition to any other relief to which that party #4..
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may be entitled. The court may set such fees in the same action or in a separate action brought for that purpose.

19. ENTIRE AGREEMENT.

This Agreement and its exhibits contain the entire understanding between Consultant and City. Additional or new terms contained in this Agreement which vary from Consultant's proposal are controlling and are deemed accepted by Consultant by shipment of any article or other commencement of performance hereunder. All previous proposals, offers and communications relative to this Agreement, whether oral or written, are hereby superseded except to the extent that they have been incorporated into this Agreement. No future waiver of or exception to any of the terms, conditions, and provisions of this Agreement shall be considered valid unless specifically agreed to in writing by all the parties.

20. PARTIAL INVALIDITY.

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. #4..
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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. #4..
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IN WITNESS WHEREOF, the City of Modesto, a municipal corporation, has authorized the execution of this Agreement in duplicate by its City Manager and attestation by its City Clerk under authority of Resolution No. 2025- , adopted by the Council of the City of Modesto on the day of , 2025, and Consultant has caused this agreement to be duly executed in duplicate as of the Effective Date.
(Signatures on next page)
12/11/2024 Reviewed by AM
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SUMMARY OF COST Yellow Cells are changes
Construction Management, Inspection and Material Testing D&M Job # 2538
Dryden Clubhouse 220 WD Dillon & Murphy Consulting Team Estimated Labor Hours
Key person K K K
Classification
Principal Engineer
Senior Engineer
Construction Manager CM or
Project Manager PM (RE)
Commercial Building Inspector
Project Engineer (PE) Associate
Engineer
Engineer Assistant Jr. Engineer
D&M Quality Control survey check
Special testing Kleinfelder
A B C D E F G H Total hours
CM 1 Pre-con 17 0 182 0 255 0 0 0 454 454
CM 2 Construction 5 0 701 268 1182 0 0 329 2485 300 900 800 485CM 3 Management 50 0 392 0 0 0 0 0 442 200 100 70 72 CM 4 Close out 15 0 115 21 324 0 0 0 475 475
Total hours 87 0 1390 289 1761 0 0 329 3856 954 1000 870 1032 Quarter Q1 Q2 Q3 Q4
2025 Rates 250$ 220$ 220$ 198$ 190$ 160$ $ Varies 324Proposal 21,750$ -$ 305,800 $ $ 57,222 334,590$ -$ -$ 53,514$ Total D&M Expected Cost 719,362$ 71 days per quarter
D&M and Special Tester 772,876$
Total Project expected duration is 10 months, Pre-Constructing 1 month, construction 10 months and Post Construction 1 month. 10 months x 22 days x 8 hours = 1760 hours
Contractors Cost $ 8,591,262 Dillon & Murphy Cost $ 772,876 Proposal cost 772,876 $
CM % of Engineers estimate 9.0%
Bid Add Alternative will be added by agreed percentage or negotiation Total hours per quarter
Modesto's requested Scope of Service note on page 3 of 33 paragraph 2 "It is anticipated the project will require services of a full-time construction manager, construction inspector(s) and other support staff" Dillon & Murphy with our experience and the use of modern technology will not required full time CM, Inspector for the project and will be able to reduce cost without sacrificing services. #4..
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D&M Job # 2538
All Pre-construction can be done off site
Dryden Clubhouse
Construction Management, Inspection and
Material Testing
Estimated Labor Hours
Key person K K K
Task Description
Classification
Principal Engineer
Senior Engineer
Construction Manager CM or Project
Manager PM (RE)
Commercial Building Inspector
Project Engineer (PE) Associate
Engineer
Engineer Assistant Jr. Engineer
D&M Quality Control survey check
Special testing Kleinfelder

PRE-CONSTRUCTION SERVICES A B C D E F G H

1.1 1.1.1
23 1.1.2 22 41.1.3 10 20 21.1.4 41.1.5 Verify that the contract documents contain sufficient provision to effectively manage the contract 24

1.1.6 20 40

1.21.3 Task
Constructability Review With 100% plans and specification reviewCheck for completeness and accuracy to discover critical conflicts, discrepancies and errors or emissions in the plans and specificationsSubmittal IdentificationIdentify areas where time and cost can be minimizedCheck to determine that no critical information is excludedBidding Support and Evaluation Not requestedReview contract documents for coherency, site, work areas, permit and utility requirements, Construction Management Work Plan specific to Dryden Clubhouse will be provided 2 weeks after award of contract
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PRE-CONSTRUCTION SERVICES A B C D E F G H

1.3.1 20 52

1.3.2 20 10

1.4 1.4.1 221.4.2 54

1.5 1.5.1 21

1.5.2 10 11.5.3 Review contractors schedule and logic ties for completeness and unnecessary ties or float, Begin to develop a community outreach notification and mapping of planned activities that may affect community 5 22 20

1.6 1.6.1 Work with City to establish laydown area and coordination map for distribution to community for outreach 25

1.6.2 Work with City to create access, set back zones, fire protection plan, traffic control, temporary fence and safety procedures 25

1.6.3 City to provide list of emergency contacts and any special procedures 25

1.6.4 Work with City to establish temp Power/Fencing/Trailer set up to save time for mobilization. 5 12

1.6.5 40 85
Total Hours: 17 0 182 0 255 0 0 0
Work with the design team and City to have utilities tie in's coordinated to minimize public disruption and set up site AI camera to video and photo project for the full durationPre-Construction Oversight and Purchasing support to save project durationPermitsReview and prepare a permit tracking logAttend a pre-construction conference with all involved agencies, utilities, and the contractor.Review contractors plan of construction against pre-bid CM Oversight schedule Verify Permits are obtained and monitor compliance throughout the projectPre-Construction ConferenceEstablish a list of submittals that will be required by the contractor and anticipated delivery dates, T&D Log ( Time and Delivery Log) Specifications are 947 pages with 118 individual specification sections from division 01 to 33. This T&D will better manage delay and avoid cost overruns due to potential acceleration and or back charges. Labor has been cut per City request Review CM developed schedule for critical submittal dates and correspondence with the T&D Log. Look to determine critical path and focus effort on submittal and material deliver that can delay and or accelerate the project.
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D&M Job # 2538
Dryden Clubhouse
Construction Management, Inspection and
Material Testing
Key person K K K
Task Description
Classification
Principal Engineer
Senior Engineer
Construction Manager CM or Project Manager PM (RE)
Commercial Building Inspector
Project Engineer (PE) Associate Engineer
Engineer Assistant Jr. Engineer
D&M Quality Control survey check
Special testing Kleinfelder

CONSTRUCTION MANAGEMENT A B C D E F G H

2.1 2.1.1 10 25

2.2 2.2.1
50 10

2.3 2.3.1 Track progress of all work 220 135

2.3.2 Overall Project Management, coordination, supervision 10 25

2.3.3 Administer and manage sub consultants on site 20 52.3.4 Monthly project progress reports and billing [10 hr. per Bill 12 bills] 120 hours 60 60

2.3.5 Specialized reports as required for City, County, State, Federal agencies 210

2.3.6 Regular meetings with the City Weekly TEAMS meeting 1/2 hour for 52 weeks 26 26 Task
Coordination of Contract ExecutionMobilization of RE and field Staff to Project site DM to set up inspector office Construction Management for 220 day contractCommunication Public Outreach to inform community of project and road disruption, Assume 10 meetings, Use the contractors CPM schedule, the tie in points, the D&M developed time and deliver log to create Google maps to notify community and business of when road and access detours may be a concern. Refer to Part 2 of the proposal Section D. #4..
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CONSTRUCTION MANAGEMENT A B C D E F G H

2.3.7 Meeting and coordination with the City Council if requested2.3.8 Weekly construction meetings 1 hours per person per week 52 weeks 52 52

2.3.9 Prepare agendas, meeting minutes, handouts, and notices. 1/2hr for PM 1hr for PE and support 13 62

2.3.10 Communication an distribution of project records and information, e-Builder and AI should reduce overall effort
410

2.3.11 Respond to all internal RFI's concerns, Assume 30 RFI with processing and input of 2 hour each and home office support and sketches.
5 30 32

2.4 2.4.1 22

2.4.2 24 242.4.3 511

2.4.4 222.4.5
20 2.4.6 302.4.7
25 2.4.82.4.9 11 44

2.4.102.4.112.4.12 529 0

2.4.13 132.4.14 10 1102.4.152.4.16
Review, approve and monitor the contractor’s safety programs and requirements, 220 days at 1/2 day for inspector and some admin supportConduct trainee interviews ( Caltrans Reporting) Prevailing wage if request by City, Cost on T&M Comply with Cal-OSHA regulations regarding safety equipment and procedures, and safety instructions issued by the state, State and OSPOD coordination will be on T&M if neededProgress Payments, 11 each 11hr PM, 22 hr for Inspector, 22 hours for PEReview shop drawings and sketches, Architect to perform, D&M can assist at a T&M rateSite Measurements and inspections as needed for Pay app, PI, PCO or Change Orders, in addition to above will be on a T&M basis if neededCSI Uniform System in hard copies and electrical format for City recordsResponsible for all applicable City administrative policies and procedures, oversightEvaluate forecasted costs at completion, on a monthly basis. 11 months at 2 hoursProcess all contractors’ submittals (with assistance from design consultant on design-related submittals) Specifications are 947 pages with 118 individual specification sections from division 01 to 33. With a processing time of approximately 2 hours per section will be 236 hours during construction. This T&D will better manage delay and avoid cost overruns due to potential acceleration and or back charges. City and Architech to process, approve and updated submittals as agreed upon to reduce CM CostMaintain a record of all the submittalsReview, respond and maintain a record of all contractor’s RFIs. Assume 80 with 1/2 hour to process into e-builder for PE. D&M to oversee and advise and or provide recommendation solutions PM 1 hr each. Inspector to provide input use 20 hours. City and Architech to process all RFI's and create Potential Change Orders and back up for Change Order processing to reduce CM cost as agreed upon. D&M may be requested to support this effort via change. Preparation of change orders, Assume 20 at 1 hr PM, 1 hr Inspector, 2 hr PE and support. Cost to be billed if required.Administration USE City Provided e-Builder SystemMonthly project schedule updates, 11 months at 2 hours per monthRegular reporting on project status 12 months at 2 hour per team member Plot contractor’s monthly progress, 11 months for 1 hour #4..
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CONSTRUCTION MANAGEMENT A B C D E F G H

2.4.17 2.5

2.5.1 10 110 AI to Document2.5.2 10 10

2.5.3 343

2.5.4 5 25

2.5.52.5.6 20 20

2.5.7 302.5.8
47 2.5.9 6 100

2.62.72.8 2.8.1 Soils Observation and Testing Service 5 15 80

2.8.2 Perform Material testing, Reinforcement, Concrete, Masonry, structural Steel and provide reports as may be required by the specifications 4 15 225

2.8.3 Project Management, Administration and Quality assurance and Final Inspection Report 5 24

2.9 2.102.11

2.11.1 Provide temporary traffic control distribution to stakeholders 12

2.11.2 Maintain AI camera, switch power from temp to permanet if needed 10 40 x x
Total Hours: 5 0 701 268 1182 0 0 329
Biological Monitoring (Not required)Special Inspection and Testing KleinfelderWater Quality Monitoring (Not requested)Traffic control, Signal, Lighting and SecurityStorm Water Pollution Prevention Plan (SWPPP) (Not Requested)Coordinate the activities of Contractor with Utility companies and the City to obtain and comply with all required permits and to ensure work is sequenced and constructed effectively to avoid schedule delays and claimsMonitor contractor’s records of “as-built” conditions on the contract drawings and specificationsEnvironmental Awareness Training (Not requested)Establish an estimate and agreed upon scope of work for any changes and perform an independent cost estimate and schedule impact for all contractor’s Change Orders prior to Change Order negotiationsCoordinate with the city to receive approval on any change order workDaily Reports 10 months at 22 days at 1 hours for inspector, 10 hr PM and 10hr PEMisc. CM reports, 10 months, 10hr PM, 10 Hr PETake adequate photographs to illustrate construction progress, construction problems and solutions to form a record of critical activities that could support City’s position in potential claims. AI and on site camera should account for 90% of work. Camera cost will be part of hours of PE. Estimate of $50,000 for the project divided by $190hr=264hr plus 10% support, plus 20% install for 343 hours of PE time. AI will take the place of continuous safety inspections. Photograph file for Potential Issues PI, Potential Change Orders PCO's, Change Orders CO's for specific issues. Assume 5hr CM, 20 Inspector, 5 PE. Reduced and will rely on AI. Negotiate Change Order to avoid claim if required on T&MCompare CM Project Schedule and Contractors Project Schedule for conformance and outlook for Change order or Claim support if need be. Documentation Use City Provided e-Builder System #4..
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D&M Job # 2538
All Project Management of Staff and subs can be accomplished off site Dryden Clubhouse
Construction Management, Inspection and
Material Testing
Estimated Labor Hours
Key person K K K
Task Description
Classification
Principal Engineer
Senior Engineer
Construction Manager CM or Project
Manager PM (RE)
Commercial Building Inspector
Project Engineer (PE) Associate Engineer
Engineer Assistant Jr. Engineer
D&M Quality Control survey check
Special testing Kleinfelder
Project Management ( Overall Project ) A B C D E F G H

3.1 3.1.1 Overall Project Management, coordination, supervision of project Staff 10 55

3.1.2 Pre-construction planning 10 65

3.1.3 Administer and manage subconsultants, pay app processing support documentation 10 853.1.4 Monthly project progress reports and Invoice from D&M to the City 15 65

3.1.5 Specialized reports as required for City, County, State, Federal agencies3.1.6 Regular meetings with the City 52

3.1.7 253.1.8 203.1.9 5 25
Total Hours: 50 0 392 0 0 0 0 0
Task
Claim issue planning and recommendationsProject Management of Staff and SubsMonthly project schedule Meeting with executive StaffPotential Claim issue executive meetings #4..
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D&M Job # 2538
All Post Construction administration can be done off site Dryden Clubhouse
Construction Management, Inspection
and Material Testing
Estimated Labor Hours
Key person K K K
Task Description
Classification
Principal Engineer
Senior Engineer
Construction Manager CM or Project Manager
PM
(RE)
Commercial Building Inspector
Project Engineer (PE) Associate Engineer
Engineer Assistant Jr. Engineer
D&M Quality Control survey check
Special testing Kleinfelder

CLOSE OUT CONSTRUCTION MANAGEMENT A B C D E F G H

4.1 4.1.1
10 11

4.1.2 5 10 8

4.1.3 5 15

4.2 4.2.1 5 10

4.2.2 5 254.2.3 10 454.2.4 20 254.2.5 10 604.2.6 5 5 13 Remove AI camera and Pole from project siteReport to the City on the completion of the Project, recommend acceptance and approval of final payment to contractor Project Closeout Final walk-through with all project participants Finalize and resolve all punch list itemsPrepare all final reports including report of completion for acceptance of the ProjectVerify Contractor’s approved Record Drawings (As-Built) and delivered to the CityFinalize all contract bid itemsFinalize Change Orders and assist with resolution of claims Inspect near completed facilities to identify discrepancies and deficiencies in the work performed by the contractor and prepare a Punch list Task
Close Out-Construction Phase Service
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CLOSE OUT CONSTRUCTION MANAGEMENT A B C D E F G H

4.2.7 5 174.2.8 5 124.2.9 54

4.3 4.3.1
5 50

4.4 4.4.1 5 5 25

4.5 4.4.2 55

4.6 4.6.1
5 20
Totals 15 0 115 21 324 0 0 0
Prepare a Final Project Report documenting all project contract administration and inspection activitiesCaltrans Local Programs ComplianceProject Archive and Audit SupportCompile, index, and organize all project files, reports, and any other documentation using the Caltrans Uniform Filling System in hard copy and electronic copy.Public OutreachProvide final project updates to the City stakeholdersFinalize and deliver all construction files to the CityContractor sign offs from outside agencies confirming that restoration has been completed and permit requirements have been satisfied Recommend final payment to the City after deducting liens and uncompleted punch list itemsPrepare all necessary project closeout forms to meet State and federal requirements.Final Project Report #4..
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Exhibit C - 1 City of Modesto
Dryden Clubhouse Project
EXHIBIT C – Insurance Requirements for Professional Services Consultant shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder and the results of that work by the Consultant his agents, representatives, employees or subconsultants.

MINIMUM SCOPE AND LIMIT OF INSURANCE
Coverage shall be at least as broad as:

1. Commercial General Liability (CGL): Insurance Services Office Form CG 00 01 covering CGL on an “occurrence” basis, including products and completed operations, property damage, bodily injury and personal & advertising injury with limits no less than $1,000,000 per occurrence. If a general aggregate limit applies, either the general aggregate limit shall apply separately to this project/location (ISO CG 25 03 or 25 04) or the general aggregate limit shall be twice the required occurrence limit.

2. Automobile Liability: ISO Form Number CA 00 01 covering any auto (Code 1), or if Contractor has no owned autos, hired, (Code 8) and non-owned autos (Code 9), with limit no less than $1,000,000 per accident for bodily injury and property damage.

4. Professional Liability (Errors and Omissions) Insurance appropriates to the Consultant’s profession, with limit no less than $2,000,000 per occurrence or claim, $2,000,000 aggregate.

If the consultant maintains broader coverage and/or higher limits than the minimums shown above, the City of Modesto requires and shall be entitled to the broader coverage and/or the higher limits maintained by the consultant. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the City of Modesto.

Umbrella or Excess Coverage
The Consultant may use Umbrella or Excess Policies to provide the liability limits as required in this agreement. This form of insurance will be acceptable provided that all of the Primary and Umbrella or Excess Policies shall provide all of the insurance coverages herein required, including, but not limited to, primary and non-contributory, additional insured, Self-Insured Retentions (SIRs), indemnity, and defense requirements. The Umbrella or Excess policies shall be provided on a true “following form” or broader coverage basis, with coverage at least as broad as provided on the underlying Commercial General Liability insurance. No insurance policies maintained by the Additional Insureds, whether primary or excess, and which also apply to a loss covered hereunder, shall be called upon to contribute to a loss until the Consultant’s primary and excess liability policies are exhausted.
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Exhibit C - 2 City of Modesto
Dryden Clubhouse Project
The insurance policies are to contain, or be endorsed to contain, the following provisions:

Additional Insured Status
The City of Modesto, its officers, officials, employees, are to be covered as additional insureds on the CGL policy with respect to liability arising out of work or operations performed by or on behalf of the Consultant including materials, parts, or equipment furnished in connection with such work or operations. General liability coverage can be provided in the form of an endorsement to the Consultant’s insurance with coverage equal to ISO form CG 2010. If Completed Operations endorsement is required, a separate endorsement equal to ISO form CG 2037 is required.

Primary Coverage
The Additional Insured coverage under the Consultant’s policy shall be “primary and noncontributory” and will not seek contribution from the City’s insurance or self-insurance and shall be at least as broad as CG 20 01 04 13. The City of Modesto does not accept endorsements limiting the Consultant’s insurance coverage to the sole negligence of the Named Insured.

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

Waiver of Subrogation
Except for Professional Liability Insurance Consultant hereby grants to City of Modesto a waiver of any right to subrogation which any insurer of said Consultant may acquire against the City of Modesto by virtue of the payment of any loss under such insurance. Consultant agrees to obtain any endorsement that may be necessary to affect this waiver of subrogation, but this provision applies regardless of whether or not the City of Modesto has received a waiver of subrogation endorsement from the insurer.

Self-Insured Retentions
All Self-insured retentions must be disclosed to Risk Management for approval and shall not reduce the limits of liability. The City of Modesto may require the Consultant to purchase coverage with a lower retention or provide proof of the ability to pay losses and related investigations, claim administration, and defense expenses within the retention. Any and all deductibles and SIRs shall be the sole responsibility of consultant or subconsultant who procured such insurance and shall not apply to the Indemnified Additional Insured Parties.

Acceptability of Insurers
Insurance is to be placed with insurers with a current A.M. Best’s rating of no less than A:VII, unless otherwise acceptable to the City of Modesto.

Claims Made Policies (applicable to Professional Liability only) If any of the required policies provide claims-made coverage:
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Exhibit C - 3 City of Modesto
Dryden Clubhouse Project

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 three (3)years after completion of the contract of work.

If coverage is canceled or non-renewed and not replaced with another claims-made policy form with a Retroactive Date prior to the contract effective date, the Consultant must purchase “extended reporting” coverage for a three (3)years after completion of work.

Verification of Coverage
Consultant shall furnish the City of Modesto with original certificates and amendatory endorsements or copies of the applicable policy language affecting coverage required by this clause and a copy of the Declarations and Endorsements Pages of the CGL and any Excess policies listing all policy endorsements. All certificates and endorsements are to be received and approved by the City of Modesto Risk Services before work commences. However, failure to obtain the required documents prior to the work beginning shall not waive the Consultant’s obligation to provide them. The City of Modesto reserves the right to require redacted copies of Declaration Pages of all required insurance policies, including endorsements required by these specifications, at any time.. Failure to exercise this right shall not constitute a waiver of right to exercise later.

Subconsultants
Consultants shall require and verify that all subconsultants, or other parties hired for this work, purchase and maintain coverage for indemnity and insurance requirements as least as broad as specified in this agreement to the extent they apply to the scope of the subconsultant’s work with the same certificate of insurance requirements and naming as additional insureds all parties to this contract.

Special Risks or Circumstances
City of Modesto reserves the right to modify these requirements, including limits, based on the nature of the risk, prior experience, insurer, coverage, or other special circumstances and Consultants shall be reimbursed for any increased premiums for such added coverage.

Certificate Holder Address
Proper address for mailing certificates, endorsements and notices shall be:

City of Modesto
Attn: Risk Management
1010 10th Street
Modesto, CA 95354
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Finance CommitteeNovember 17, 2025

Finance Committee
November 17, 2025