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 #11..
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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 #11..
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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
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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 #11..
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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
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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
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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
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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
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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
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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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Dryden Clubhouse Project
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, #11..
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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, #11..
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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 #11..
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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. #11..
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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 #11..
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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 #11..
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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 #11..
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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. #11..
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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 #11..
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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.
If any provision in this Agreement is held by a court of competent jurisdiction to be invalid, void, or unenforceable, the remaining provisions shall nevertheless continue in full force without being impaired or invalidated in any way.
21. WAIVER.
The waiver by any party to this Agreement of a breach of any provision hereof shall be in writing and shall not operate or be construed as a waiver of any other or subsequent breach hereof unless specifically stated in writing.
22. AUDIT.
The City 's duly authorized representative shall have access at all reasonable times to all reports, contract records, contract documents, contract files, and personnel necessary to audit and verify Consultant’s charges to City under this Agreement. #11..
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-16- City of Modesto
Dryden Clubhouse Project
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. #11..
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-17- City of Modesto
Dryden Clubhouse Project
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. #11..
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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. #11..
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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 #11..
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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 #11..
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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 #11..
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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 #11..
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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.
3. Workers’ Compensation: as required by the State of California, with Statutory Limits, and Employer’s Liability Insurance with limit of no less than $1,000,000 per accident for bodily injury or disease.
(Not required if consultant provides written verification, it has no employees)
4. Professional Liability (Errors and Omissions) Insurance appropriates to the Consultant’s profession, with limit no less than $2,000,000 per occurrence or claim, $2,000,000 aggregate.
If the consultant maintains broader coverage and/or higher limits than the minimums shown above, the City of Modesto requires and shall be entitled to the broader coverage and/or the higher limits maintained by the consultant. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the City of Modesto.
Umbrella or Excess Coverage
The Consultant may use Umbrella or Excess Policies to provide the liability limits as required in this agreement. This form of insurance will be acceptable provided that all of the Primary and Umbrella or Excess Policies shall provide all of the insurance coverages herein required, including, but not limited to, primary and non-contributory, additional insured, Self-Insured Retentions (SIRs), indemnity, and defense requirements. The Umbrella or Excess policies shall be provided on a true “following form” or broader coverage basis, with coverage at least as broad as provided on the underlying Commercial General Liability insurance. No insurance policies maintained by the Additional Insureds, whether primary or excess, and which also apply to a loss covered hereunder, shall be called upon to contribute to a loss until the Consultant’s primary and excess liability policies are exhausted.
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Exhibit C - 2 City of Modesto
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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