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MODESTO CITY COUNCIL
www.modestogov.com
AGENDA
City of Modesto
JOINT CITY COUNCIL
AND PUBLIC FINANCING AUTHORITY MEETING
Chambers, Basement Level
Tenth Street Place, 1010 10th Street
Modesto, California
Tuesday, May 05, 2026 at 5:30 PM
Roll Call – Councilmembers and Public Financing Authority Members Alvarez, Bavaro, EscutiaBraaton, Ricci, Williams, Wright, Mayor Zwahlen * Public Comment will only be in-person. Members of the public who wish to address the Council, by providing public comment, during the meeting must do so in-person in the Council Chambers.
As an alternative, members of the public may also provide written public comment submitted via email as indicated in the Submitting Comments by Email instructions on this agenda. Zoom will still be available for viewing and Wordly translation.
*Members of the public will be allowed to provide public comment through Zoom if a Councilmember is participating remotely pursuant to the provisions of California Government Code section 54953.8.3.
*If a technical issue arises with Zoom or the phone dial-in option, the Council meeting will continue unless the meeting is being held pursuant to the provisions of Senate Bill 707, California Government Code section 54953.8.3. Alternative viewing options are listed below, and the meeting is physically open to the public.
“Wordly” can translate into 25+ different languages! To access written translation during the meeting, please scan the QR Code or click this link https://attend.wordly.ai/join/RJDY-6364.
"Wordly" puede traducir a más de 25 idiomas diferentes! Para acceder a la traducción durante la reunión, por favor escanee el código QR o haga clic en el enlace https://attend.wordly.ai/join/RJDY-6364.
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You may observe a livestream of the meeting at http://media.modestogov.com. You may also view or listen to the meeting as indicated below.
THE MEETING CAN BE VIEWED BY ZOOM VIDEO
CONFERENCING OR TELEPHONE
Joining the City Council meeting via Zoom
The City of Modesto is now offering the ability to view Council meetings via telephonic conferencing via “Zoom” video conferencing computer technology. The meeting may be accessed through the use of Zoom using the following options:
• Enter the following link into an Internet Browser
https://us02web.zoom.us/j/95895497651
• Enter the following link into an Internet Browser https://zoom.us/ and using the Webinar ID: 958 9549 7651
• Passcode: 84326
To use Zoom, please visit: https://zoom.us/ and either sign-up for a free Zoom account or continue as a guest. Once you have downloaded the app onto your mobile device, joined from your web browser, or downloaded the Zoom software on your computer you will be ready for the upcoming Council meeting.
Joining the City Council meeting via Telephone
If you don’t have a smart phone or computer to access the meeting via Zoom, you can listen by phone, by calling 1-877-853-5257 (Toll Free) or 1-888-475-4499 (Toll Free) and enter the Webinar ID: 958 9549 7651 Passcode: 84326
SUBMITTING COMMENTS BY E-MAIL
Written comments may be submitted via email to: [email protected] (include Agenda Item Number in the subject line). All comments will be shared with the Councilmembers and placed in the record but will not be read aloud during the meeting. Written comments must be received two hours before the meeting.
This Agenda is on file in the City Clerk’s Office, Sixth Floor, 10th Street Place, Posting Board at entry of 10th Street Place, and is available on the City’s Web site at www.modestogov.com.
Materials related to an item on this Agenda submitted to the Council after distribution of the agenda packet are available for public inspection in the Clerk’s office during normal business hours. Such documents are also available online, subject to staff’s ability to post the documents before the meeting, at the following website https://www.modestogov.com/council-meetings In accordance with the requirements of Title II of the Americans with Disabilities Act (“ADA”) of 1990, the Fair Employment & Housing Act (“FEHA”), the Rehabilitation Act of 1973 (as amended), Government Code section 11135 and other applicable codes, the City of Modesto (“City”) will not discriminate against individuals on the basis of disability in the City’s services, programs, or activities. For more information, please visit the City of Modesto website at https://www.modestogov.com/865/Americans-with-Disabilities-Act-ADA - 2 -
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In compliance with the Americans with Disabilities Act, if you need special assistance to participate in this meeting, please contact the City Clerk (209) 577-5396. Notification 48 hours prior to the meeting will enable the City to make reasonable arrangements to ensure accessibility to this meeting.
Pledge of Allegiance to the Flag
Invocation
City Clerk’s Announcements
Declaration of Conflicts of Interest
ACKNOWLEDGEMENTS AND PRESENTATIONS
1. Proclamation declaring May 3rd-9th 2026 as National Public Service Recognition week. (Funding Source: Not Applicable)
CITY COUNCIL; Breanna Griffin, 209-577-5421, [email protected]
2. Proclamation declaring May 2026 as National Older Americans Month. (Funding Source: Not Applicable)
CITY COUNCIL; Breanna Griffin, 209-577-5421, [email protected]
3. Proclamation declaring May 2026 as National Stroke Awareness Month. (Funding Source: Not Applicable)
CITY COUNCIL; Breanna Griffin, 209-577-5421, [email protected]
PUBLIC COMMENT PERIOD
Three-minute time limit per speaker.
Only interested persons in the audience may present these matters. Under State law, Councilmembers may respond to matters being presented under this item only as follows:
a. Briefly respond to statements made or questions raised. b. Ask a question for clarification.
c. Provide a reference to staff or other resources for factual information. d. Request staff to report back at a subsequent meeting. e. Finally, a Councilmember or the Council itself may take action to direct staff to place a matter of business on a future agenda.
CONSENT ITEMS – ROLL CALL VOTE REQUIRED
Information concerning the consent items listed below has been forwarded to each Councilmember prior to this meeting for study. Unless some member of the audience or Councilmember has a question concerning an item and asks that it be withdrawn from the consent list, the Council approves the items at one time. The action taken by the Council in approving consent items is set forth in the explanation of this individual item. - 3 -
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CONSENT
An item may be removed from consent and discussed at the request of an audience member or Council member.
Consent
4. Consider approving the Minutes for the April 28, 2026 Council Meeting. (Funding Source: Not Applicable)
Staff Recommendation:
• Motion approving the Minutes for the April 28, 2026 Council Meeting.
CITY CLERK; Diane Nayares-Perez, 209-577-5396, [email protected] Consent
5. Consider approving the Plans and Specifications for the Coffee Road Pavement Rehabilitation Phase II Project, accepting the Bid and Awarding a Contract to United Pavement Maintenance, Inc., of Hughson, CA, for a total amount not to exceed $3,057,484. (Funding Source: Measure L Funds)
Staff Recommendation:
• Resolution approving the Plans and Specifications for the Coffee Road Pavement Rehabilitation Phase II Project, accepting the Bid and Awarding a Contract to United Pavement Maintenance, Inc., of Hughson, CA, in the amount of $3,057,484, and authorizing Change Orders up to a cumulative amount of $305,749, for a total Agreement amount not to exceed $3,363,233, and authorizing the City Manager, or his designee, to execute the Contract.
ENGINEERING SERVICES; Michael Sacuskie, 209-571-5552,
[email protected]
Consent
6. Consider accepting the Tuolumne River Regional Park (TRRP) Picnic Area B Renovation Project as complete, releasing securities, releasing payments totaling $373,173 to Sinclair General Engineering Construction, Inc. of Oakdale, CA, and authorizing the City Clerk to file a Notice of Completion. (Funding Source: Various Funds)
Staff Recommendation:
• Resolution accepting Tuolumne River Regional Park (TRRP) Picnic Area B Renovation Project as complete, releasing securities, releasing payments totaling $373,173 to Sinclair General Engineering Construction, Inc. of Oakdale, CA, and authorizing the City Clerk to file a Notice of Completion.
ENGINEERING SERVICES; Peter Kambel, 209-577-5444, [email protected] Consent
7. Consider accepting the Bret Harte Neighborhood Strengthen & Replace Water Mains Phase 1B Project as complete, releasing securities, releasing payments totaling $1,966,083 to Mid Cal Pipeline & Utilities, Inc., of Merced, CA, and authorizing the City Clerk to file a Notice of Completion. (Funding Source: Water Fund) Staff Recommendation:
• Resolution accepting the Bret Harte Neighborhood Strengthen & Replace - 4 -
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Water Mains Phase 1B Project as complete, releasing securities, releasing payments totaling $1,966,083 to Mid Cal Pipeline & Utilities, Inc., of Merced, CA, and authorizing the City Clerk to file a Notice of Completion.
ENGINEERING SERVICES; Peter Kambel, 209-577-5444, [email protected] Consent
8. Consider accepting the J.M. Pike Park Stormwater to Sanitary Sewer Cross Connection Removal and Water Main Project as complete, releasing securities, releasing payments totaling $33,768,501 to Mozingo Construction, Inc. of Oakdale, CA, and authorizing the City Clerk to file a Notice of Completion. (Funding Source: Wastewater and Water Funds)
Staff Recommendation:
• Resolution accepting the J.M. Pike Park Stormwater to Sanitary Sewer Cross Connection Removal and Water Main Project as complete, releasing securities, releasing payments totaling $33,768,501 to Mozingo Construction, Inc. of Oakdale, CA, and authorizing the City Clerk to file a Notice of Completion.
ENGINEERING SERVICES; Peter Kambel, 209-577-5444, [email protected] Consent
9. Consider approving three On-Call Consultant Agreements for Materials Testing and Special Inspection Services with Krazan & Associates, Inc. of Fresno, CA; BSK Associates, of Fresno, CA; and Terracon Consultants, Inc., of Sacramento, CA, for a total amount not to exceed $497,500 over five years per consultant. (Funding Source:
Various Capital Improvement Program Projects)
Staff Recommendation:
• Resolution approving On-Call Consultant Agreement for Materials Testing and Special Inspection Services with Krazan & Associates, Inc. of Fresno, CA; for a three year agreement with two one-year extension options, for an estimated annual amount not to exceed $99,500, and a total amount not to exceed $497,500 over five years, and authorizing the City Manager or his designee to execute the agreement.
• Resolution approving On-Call Consultant Agreement for Materials Testing and Special Inspection Services with BSK Associates, of Fresno, CA; for a threeyear agreement with two one-year extension options, for an estimated annual amount not to exceed $99,500, and a total amount not to exceed $497,500 over five years and authorizing the City Manager or his designee to execute the agreement.
• Resolution approving On-Call Consultant Agreement for Materials Testing and Special Inspection Services with Terracon Consultants, Inc., of Sacramento, CA, for a three-year agreement with two one-year extension options, for an estimated annual amount not to exceed $99,500, and a total amount not to exceed $497,500 over five years and authorizing the City Manager or his designee to execute the agreement.
ENGINEERING SERVICES; Peter Kambel, 209-577-5444, [email protected] - 5 -
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Consent
10. Consider accepting the Monthly Investment Report for February 2026. (Funding Source: Various Funds)
Staff Recommendation:
• Motion accepting the Monthly Investment Report for February 2026.
FINANCE DEPARTMENT; Calogero Maniscalco, 209-577-5219,
[email protected]
Consent
11. Consider accepting an Informational Report for the March 2026 Accounts Payable Payment Register and Void Report. (Funding Source: Not Applicable) Staff Recommendation:
• Motion accepting an Informational Report for the March 2026 Accounts Payable Payment Register and Void Report.
FINANCE DEPARTMENT; Maria Garnica, 209-577-5249,
[email protected]
Consent
12. Consider approving the Agreements for On-Call Board-up and Clean-up of Unsafe Properties to L.S. Construction and Design, Inc., Los Banos, CA, and Garcia Septic & Construction, Inc., Modesto, CA, for a total combined amount not to exceed $180,000 over three years. (Funding Source: Abatement and Public Nuisance Fund) Staff Recommendation:
• Resolution approving the Award of Bid and Agreements for On-Call Board-up and Clean-up of Unsafe Properties Services to L.S. Construction and Design, Inc., Los Banos, CA, and Garcia Septic & Construction, Inc., Modesto, CA, for a one year Agreement with two one-year extension options, for an estimated annual combined amount of $60,000 and a total combined amount not to exceed $180,000 over 3 years, and authorizing the Director of Finance to adjust Agreement totals between vendors based on contractor’s availability and department’s needs, ensuring the combined total does not change; and authorizing the City Manager, or his designee, to execute the Agreements.
POLICE DEPARTMENT; TJ Moffett, 209-572-9886, [email protected] Consent
13. Consider accepting the Modesto Police Department’s annual Military Equipment report, approving an Ordinance re-authorizing the department’s Military Equipment Use Policy (Policy 710) and authorizing purchasing additional equipment that qualifies as “military equipment” in Fiscal Year 2026-2027. (Funding Source: Various Funds) Staff Recommendation:
• Motion introducing and waiving the first reading of an Ordinance approving the Modesto Police Department’s Military Equipment Use Policy (Policy 710) in accordance with CA Assembly Bill 481, and approving the purchase of additional equipment that qualifies as “military equipment,” in Fiscal Year 2026-2027 and rescinding Ordinance No. 3794-C.S.
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• Motion accepting the Modesto Police Department’s annual Military Equipment Report.
POLICE DEPARTMENT; Joseph Bottoms, 209-572-9500, [email protected] Consent
14. Consider approving the Plans and Specifications for the Septic to Sewer Construction Project: County Area 07 – Spencer/Marshall Neighborhood, accepting the Bid and Awarding a Construction Contract to Frontline General Engineering Construction, Inc., of Tracy, CA in the amount of $1,739,773 and authorizing 15% in contingency (if needed), for a total payment amount not to exceed $2,000,739. (Funding Source:
Wastewater Fund)
Staff Recommendation:
• Resolution approving the Plans and Specifications for the Septic to Sewer Construction Project: County Area 07 – Spencer /Marshall Neighborhood, accepting the Bid and Awarding a Construction Contract to Frontline General Engineering Construction, Inc., of Tracy, CA in the amount of $1,739,773, authorizing the Director of Engineering Services to approve Change Orders up to the cumulative amount of $260,966, 15% of the original Contract price, for a total payment amount not to exceed $2,000,739 and authorizing the City Manager, or his designee, to execute the Contract.
• Resolution approving a Construction Management and Inspection Services Agreement with TRC Engineers, Inc., of Rancho Cordova, CA for the Septic to Sewer Construction Project: County Area 07 – Spencer /Marshall Neighborhood in the amount of $302,455, plus $30,245 in Additional Services, if needed, for an Agreement total amount not to exceed $332,700 and authorizing the City Manager, or his designee, to execute the Agreement. • Resolution amending the Fiscal Year 2025-26 Capital Improvement Program Budget in the amount of $375,000 to be transferred into the Project from Wastewater Fund Reserves to fund the Septic to Sewer Construction Project:
County Area 07 – Spencer /Marshall Neighborhood and Authorizing the City Manager, or his designee, to implement the provision of the Resolution.
UTILITIES; Miguel Alvarez, 209-577-5348, [email protected] Consent
15. Consider approving an Agreement for the purchase and installation of granular activated carbon to Calgon Carbon Corporation, Moon Township, PA, for a total amount not to exceed $3,205,360 over five years. (Funding Source: Water Fund and PCE Mitigation Fund)
Staff Recommendation:
• Resolution approving an Agreement with Calgon Carbon Corporation, Moon Township, PA, by utilizing the Competitive Bid Process with the City of Tulare, for a two year Agreement with three one-year extension options, for an estimated annual amount of $600,000 and a total amount not to exceed $3,205,360 over five years; and authorizing the City Manager, or his designee, to execute the Agreement.
UTILITIES; Manuel Martinez, 209-342-4592, [email protected] - 7 -
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COUNCIL COMMENTS & REPORTS
CITY MANAGER COMMENTS & REPORTS
HEARINGS
ITEM REMOVED FROM AGENDA. Published in the Modesto Bee on April 15, 2026.
16. Hearing to consider the development of a car wash at 1600 and 1604 Kansas Avenue, comprised of a rezone of 1600 Kansas from C-3 Zone to new Planned Development Zone P-D(616), and prezone of 1604 Kansas Avenue to P-D(616) with annexation of that parcel, to facilitate the development. (Funding Source: Developer Application Fees)
Notice:
• This item was previously noticed but has been removed prior to the posting of the agenda and will not be heard or discussed at this meeting. Any future consideration will be separately noticed.
CED; Katharine Martin, 209-577-5267, [email protected]
NEW BUSINESS
Council
17. Consider approving the Award of Proposal and Agreement for Banking Services to BMO Bank N.A., Sacramento, CA for a total amount not to exceed $282,220 over six years; approving a three-year extension for the Irrevocable Direct Pay Letter of Credit (LOC) issued by BMO Bank N.A. supporting the Lease Revenue Refunding Bonds Series 2008 (LRB Bonds); approving a three-year extension for the Standby Certificate Purchase Agreement with BMO Bank N.A. supporting the Water Refunding Revenue Certificate of Participation 2008 Series A (Water COPS). (Funding Source: Various Funds)
Staff Recommendation:
• Resolution approving the Award of Proposal and Agreement for Banking Services to BMO Bank National Association (NA), Sacramento CA for a two year agreement with four one-year extension options, for an estimated annual amount of $47,037 and a total amount not to exceed $282,220 over six years and authorizing the City Manager or his designee to execute the Agreement. • Resolution of the City Council of the City of Modesto relating to Modesto Public Financing Authority Lease Revenue Refunding Bonds Series 2008; approving Amendment No. 2 to Reimbursement Agreement among BMO Bank N.A., City of Modesto and Modesto Public Financing Authority; Amendment No. 2 to Fee Letter Agreement; and a Supplement of to Official Statement; and authorizing certain other related actions.
• Resolution of the City Council of the City of Modesto relating to Water Refunding Revenue Certificates of Participation, 2008 Series A; approving Amendment No. 1 to Standby Certificate Purchase Agreement among BMO Bank N.A., City of Modesto and Modesto Public Financing Authority; Amended and Restated Fee Letter Agreement; and a Supplement to Remarketing Memorandum; and authorizing certain other related actions. - 8 -
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FINANCE DEPARTMENT; Dianne Love, 209-571-5164, [email protected] Public Financing Authority
18. Consider approving the extension of a Credit Facility with BMO Bank N.A. relating to the Modesto Public Financing Authority Lease Revenue Refunding Bonds Series 2008 (the “2008 Bonds”). (Funding Source: General Fund and Successor Redevelopment Agency)
Staff Recommendation:
• Resolution of the Modesto Public Financing Authority relating to Modesto Public Financing Authority Lease Revenue Refunding Bonds Series 2008 approving the extension of a Credit Facility and approving the form of and authorizing the execution and delivery of an Amendment No. 2 to Reimbursement Agreement and an Amendment No. 2 to Fee Letter Agreement with BMO Bank N.A. and a supplement to Official Statement; and authorizing certain other related actions.
FINANCE DEPARTMENT; DeAnna Christensen, 209-577-5387,
[email protected]
Public Financing Authority
19. Consider approving the extension of a Credit Facility with BMO Bank N.A. relating to the Water Refunding Revenue Certificates of Participation, 2008 Series A. (Funding Source: Water Utility System Revenue Fund)
Staff Recommendation:
• Resolution of the Modesto Public Financing Authority relating to Water Refunding Revenue Certificates of Participation, 2008 Series A; approving Amendment No. 1 to Standby Certificate Purchase Agreement among BMO Bank N.A., City of Modesto and Modesto Public Financing Authority; approving Amended and Restated Fee Letter Agreement; and a supplement to Remarketing Memorandum; and authorizing certain other related actions.
FINANCE DEPARTMENT; DeAnna Christensen, 209-577-5387,
[email protected]
20. Consider receiving Mayor Sue Zwahlen’s Fiscal Year 2026-27 Final Budget Modifications Message per Charter Section 1303 for the Fiscal Year 2026-27 budget year. (Funding Source: All City Funds)
Staff Recommendation:
• Motion receiving Mayor Sue Zwahlen’s Fiscal Year 2026-27 Final Budget Modifications Message per Charter Section 1303 for the Fiscal Year 2026-27 budget year.
BUDGET; Steve Christensen, 209-577-5390, [email protected] - 9 -
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MATTERS TOO LATE FOR THE AGENDA
These may be presented by members of the City Council and staff upon determination by a majority vote that an emergency exists, as defined by State law, or by a 2/3 vote that (1) there is a need to take immediate action, and (2) that the need for action came to the City’s attention after the agenda was posted.
ADJOURNMENT
Posted pursuant to Government Code Section 54954.2 on the bulletin board at Tenth Street Place on
at by
date time signature
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MODESTO CITY COUNCIL
www.modestogov.com
MINUTES
City of Modesto
CITY COUNCIL MEETING
Chambers, Basement Level
Tenth Street Place, 1010 10th Street
Modesto, California
Tuesday, April 28, 2026 at 5:30 PM
Special City Council – Closed Session Meeting 4:30 p.m.
Roll Call: Present: Councilmembers Alvarez (Arrived at 4:33 p.m.), Bavaro, Ricci, Williams, Wright, Mayor Zwahlen
Absent: Councilmember Escutia-Braaton
Declaration of Conflicts of Interest: Item 2 – Williams recused due to a property related conflict of interest
Regular City Council Meeting 5:30 p.m.
Roll Call: Present: Councilmembers Alvarez, Bavaro, Escutia-Braaton, Ricci, Williams, Wright, Mayor Zwahlen
Absent: Councilmember Escutia-Braaton
Pledge of Allegiance to the Flag
Invocation: Bill Kenoyer, Redeemer Church
City Clerk’s Announcements: Written public comment was received and forwarded to Council
Declaration of Conflicts of Interest: None
Reports from Closed Session: No reportable action
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ACKNOWLEDGEMENTS AND PRESENTATIONS
1. Proclamation declaring May 2026 as National Mental Health Awareness Month. (Funding Source: Not Applicable)
CITY COUNCIL; Breanna Griffin, 209-577-5421, [email protected] ACTION: Mayor Zwahlen presented proclamation declaring May 2026 as National Mental Health Awareness Month.
MISCELLANEOUS
2. Consider accepting the resignation of Ricardo Ortiz from the Entertainment Commission. (Funding Source: Not Applicable)
Staff Recommendation:
• Resolution accepting the resignation of Ricardo Ortiz from the Entertainment Commission.
CED; Amber Abruzzo, 209-577-5244, [email protected] ACTION: (Williams/Wright; 6/0) Resolution 2026-118 accepting the resignation of Ricardo Ortiz from the Entertainment Commission.
3. Consider accepting the resignation of Brad Hawn from the Community Police Review Board. (Funding Source: Not Applicable)
Staff Recommendation:
• Resolution accepting the resignation of Brad Hawn from the Community Police Review Board.
CITY MANAGER; Scotty Douglass, 209-577-9149, [email protected] ACTION: (Wright/Alvarez; 6/0) Resolution 2026-119 accepting the resignation of Brad Hawn from the Community Police Review Board.
PUBLIC COMMENT PERIOD
• Rhonda Allen emphasized the importance of the Tuolumne River and surrounding natural systems in supporting water quality, flood control, and environmental health in Modesto. She urged the City to balance development with environmental protection through measures like low-impact development, habitat restoration, and preservation of oak woodlands.
• Garrard Marsh addressed the Council about the lack of affordable housing in Modesto, noting that current developments are priced beyond what most residents can afford based on median income levels. He encouraged the City to support higher-density housing options, such as apartments and condos, and to proactively pursue strategies to increase affordable housing availability.
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• Sarah Boyle introduced herself as the new Director of Government and Public Affairs for the Building Industry Association of the Greater Valley. She stated she will represent the region, including Merced, Stanislaus, and San Joaquin counties, and looks forward to working with the Council.
• Danielle Morgart, representing Assemblyman Juan Alanis’s office, provided an update on several bills that recently passed Assembly committees, including measures related to controlled substance disposal, disabled veteran license plates, impaired driving detection, and hit-and-run accountability. She offered the office as a resource for any questions or concerns.
• Guneet Bella, a Modesto High School student, spoke about her work leading a youth initiative focused on mental health awareness and wellness. She highlighted challenges students face in accessing resources and asked the City to consider supporting or collaborating with youth-led efforts to expand outreach and accessibility.
CONSENT ITEMS – ROLL CALL VOTE REQUIRED
ACTION CONSENT ITEMS: 4-13 (Wright/Bavaro; 6/0)
CONSENT
Consent
4. Consider approving the Minutes for the April 7, 2026 Council Meeting. (Funding Source: Not Applicable)
• Motion approving the Minutes for the April 7, 2026 Council Meeting.
CITY CLERK; Diane Nayares-Perez, 209-577-5396, [email protected] ACTION: (Wright/Bavaro; 6/0) Motion approving the Minutes for the April 7, 2026 Council Meeting.
Consent
5. Consider approving the sale of 1,875 square feet of surplus exempt property identified as Assessor’s Parcel Number 017-012-012 located at Grimes Ave. Modesto, CA. in the amount of $7,500, and the sale of 880 square feet of surplus exempt property identified as Assessor’s Parcel Number 072-040-001 located at 917 Carolyn Dr. Turlock, CA. in the amount of $4,500. (Funding Source: Water Fund)
• Resolution approving the sale of 1,875 square feet of surplus exempt property identified as Assessor’s Parcel Number 017-012-012, located at Grimes Ave.
Modesto, CA in the amount of $7,500 to Jannah Trust and authorizing the City Manager, or his designee, to execute the Purchase and Sale Agreement and all related documents required to complete the transaction. • Resolution approving the sale of 880 square feet of surplus exempt property identified as Assessor’s Parcel Number 072-040-001 located at 917 Carolyn Dr.
Turlock, CA. in the amount of $4,500 to Richard Anthony Rodriguez & Norma Patricia Reyes Rodriguez and authorizing the City Manager, or his designee, to #4..
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execute the Purchase and Sale Agreement and all related documents required to complete the transaction.
CITY MANAGER; Scotty Douglass, 209-571-5571, [email protected] ACTION: (Wright/Bavaro; 6/0) Resolution 2026-120 approving the sale of 1,875 square feet of surplus exempt property identified as Assessor’s Parcel Number 017- 012-012, located at Grimes Ave. Modesto, CA in the amount of $7,500 to Jannah Trust and authorizing the City Manager, or his designee, to execute the Purchase and Sale Agreement and all related documents required to complete the transaction.
ACTION: (Wright/Bavaro; 6/0) Resolution 2026-121 approving the sale of 880 square feet of surplus exempt property identified as Assessor’s Parcel Number 072- 040-001 located at 917 Carolyn Dr. Turlock, CA. in the amount of $4,500 to Richard Anthony Rodriguez & Norma Patricia Reyes Rodriguez and authorizing the City Manager, or his designee, to execute the Purchase and Sale Agreement and all related documents required to complete the transaction.
Consent
6. Consider approving an Agreement with Turning Point Community Programs providing short-term rental assistance for individuals experiencing homelessness in the amount not to exceed $1,341,040. (Funding Source: Encampment Resolution Funding) • Resolution approving an Agreement with Turning Point Community Programs providing short-term rental assistance for individuals experiencing homelessness in the amount not to exceed $1,341,040 and authorizing the City Manager, or his designee, to execute the Agreement.
CED; Meggan Clifford, 209-577-5311, [email protected] ACTION: (Wright/Bavaro; 6/0) Resolution 2026-122 approving an Agreement with Turning Point Community Programs providing short-term rental assistance for individuals experiencing homelessness in the amount not to exceed $1,341,040 and authorizing the City Manager, or his designee, to execute the Agreement.
Consent
7. Consider accepting the Monthly Investment Report for January 2026. (Funding Source:
Various Funds)
• Motion accepting the Monthly Investment Report for January 2026.
FINANCE DEPARTMENT; Calogero Maniscalco, 209-577-5219,
[email protected]
ACTION: (Wright/Bavaro; 6/0) Motion accepting the Monthly Investment Report for January 2026.
Consent
8. Consider accepting an Informational Report for the February 2026 Accounts Payable Payment Register and Void Report. (Funding Source: Not Applicable) • Motion accepting an Informational Report for the February 2026 Accounts #4..
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Payable Payment Register and Void Report.
FINANCE DEPARTMENT; Maria Garnica, 209-577-5249,
[email protected]
ACTION: (Wright/Bavaro; 6/0) Motion accepting an Informational Report for the February 2026 Accounts Payable Payment Register and Void Report.
Consent
9. Consider accepting an Informational Report on the January and February 2026 Grant Applications and Awards. (Funding Source: Not Applicable) • Motion accepting an Informational Report for January and February 2026 Grant Applications and Awards.
FINANCE DEPARTMENT; Maria Garnica, 209-577-5249,
[email protected]
ACTION: (Wright/Bavaro; 6/0) Motion accepting an Informational Report for January and February 2026 Grant Applications and Awards.
Consent
10. Consider approving the purchase for a Trailer Mounted Portable Stage to Century Industries, LLC, Sellersburg, IN for a total amount not to exceed $275,303. (Funding Source: Measure H)
• Resolution approving the Competitive Bidding Process from HGAC Buy to Century Industries, Sellersburg, IN for the purchase of one Trailer Mounted Portable Stage for an amount not to exceed $255,136 including $20,167 in taxes and fees to be paid directly to the State; and authorizing the Director of Finance, or her designee, to issue the Purchase Order; and execute any Change Orders not to exceed 15% of the total purchase price.
FINANCE DEPARTMENT; Dianne Love, 209-571-5164, [email protected] ACTION: (Wright/Bavaro; 6/0) Resolution 2026-123 approving the Competitive Bidding Process from HGAC Buy to Century Industries, Sellersburg, IN for the purchase of one Trailer Mounted Portable Stage for an amount not to exceed $255,136 including $20,167 in taxes and fees to be paid directly to the State; and authorizing the Director of Finance, or her designee, to issue the Purchase Order; and execute any Change Orders not to exceed 15% of the total purchase price.
Consent
11. Consider rescinding Resolution 2026-76 to rectify a clerical error between the Resolution and Lease Amendment with Beard Land Improvement Company of Modesto, CA for the Lease of the Modesto Fire Department Administration Building located at 409 12th Street, Modesto, CA, extending the term of the agreement to March 31, 2029, increasing the agreement amount by $490,716 to a new estimated total amount not to exceed $1,196,790. (Funding Source: Not Applicable) • Resolution rescinding Resolution 2026-76 to rectify a clerical error between the Resolution and Lease Amendment with Beard Land Improvement Company of #4..
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4/28/2026 5:30:00 PM
Modesto, Ca for the Lease of the Modesto Fire Department Administration Building located at 409 12th Street, Modesto, Ca, extending the term of the agreement to March 31, 2029, increasing the agreement amount by $490,716 to a new estimated total amount not to exceed $1,196,790 and authorizing the City Manager, or his designee to execute the Amendment.
FIRE DEPARTMENT; Shanon Evans, 209-572-9590, [email protected] ACTION: (Wright/Bavaro; 6/0) Resolution 2026-124 rescinding Resolution 2026- 76 to rectify a clerical error between the Resolution and Lease Amendment with Beard Land Improvement Company of Modesto, Ca for the Lease of the Modesto Fire Department Administration Building located at 409 12th Street, Modesto, Ca, extending the term of the agreement to March 31, 2029, increasing the agreement amount by $490,716 to a new estimated total amount not to exceed $1,196,790 and authorizing the City Manager, or his designee to execute the Amendment.
Consent
12. Consider approving an Agreement for General Liability Third-Party Administration (TPA) to George Hills Company, Rancho Cordova, CA, for a total amount not to exceed $2,511,800 over five years. (Funding Source: General Liability Fund) • Resolution approving the Award of Proposal and Agreement for General Liability Third-Party Administration to George Hills Company, Rancho Cordova, CA, for a two year agreement with three one-year extension options, for an estimated annual amount of $502,360 and a total not-to-exceed $2,511,800 over five years; and authorizing the City Manager or his designee to execute the Agreement.
HUMAN RESOURCES; Christina Alger, 209-571-5126, [email protected] ACTION: (Wright/Bavaro; 6/0) Resolution 2026-125 approving the Award of Proposal and Agreement for General Liability Third-Party Administration to George Hills Company, Rancho Cordova, CA, for a two year agreement with three one-year extension options, for an estimated annual amount of $502,360 and a total not-toexceed $2,511,800 over five years; and authorizing the City Manager or his designee to execute the Agreement.
Consent
13. Consider approving an Agreement for the Transport of Non-Hazardous Wastewater Debris to Disposal Site Services with Bertolotti Modesto Disposal, Inc., Modesto, CA, for a total amount not to exceed $158,946 over five years. (Funding Source: Sewer Operations Fund)
• Resolution approving the Award of Bid and Agreement for the transport of Non-Hazardous Wastewater Debris to Disposal Site Services to Bertolotti Modesto Disposal Inc., Modesto, CA, for a two-year Agreement with three oneyear extension options, for an estimated annual amount of $29,645, for a total amount not to exceed $158,950, over five years and authorizing the City Manager, or his designee, to execute the Agreement.
UTILITIES; Jeff Daniels, 209-577-6255, [email protected] #4..
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ACTION: (Wright/Bavaro; 6/0) Resolution 2026-126 approving the Award of Bid and Agreement for the transport of Non-Hazardous Wastewater Debris to Disposal Site Services to Bertolotti Modesto Disposal Inc., Modesto, CA, for a two-year Agreement with three one-year extension options, for an estimated annual amount of $29,645, for a total amount not to exceed $158,950, over five years and authorizing the City Manager, or his designee, to execute the Agreement.
COUNCIL COMMENTS & REPORTS
• Vice-Mayor Williams shared a personal note, wishing his twin sons a happy 38th birthday and expressing his love for them.
• Mayor Zwahlen shared updates including the appointment of the new Fire Chief, Shannon Evans, and noted recent community involvement, including her State of the City address and a visit to a local third-grade class. She also acknowledged the Fire Department’s recent response to a personal emergency and expressed appreciation for their professionalism.
• Councilmember Ricci expressed support for the Modesto Roadsters, highlighting their investment in the stadium, a naming rights agreement generating revenue for the city, and plans to open a local office and create jobs. He described the partnership as a positive development for Modesto.
• Councilmember Alvarez highlighted recent and upcoming community events in District 2, including a Kids Day (Día del Niño) celebration supported by Save Mart that provided toys and activities for families. He also announced the upcoming Cinco de Mayo parade on Crows Landing Road and noted strong community participation in these events.
CITY MANAGER COMMENTS & REPORTS
None.
NEW BUSINESS
14. Consider accepting the Citizens’ Salary Setting Commission 2026 Recommendations for the Mayor and Councilmembers’ salaries and setting a public hearing for the May 12, 2026 Council meeting to consider an Ordinance amending the salaries pursuant to Modesto Charter Section 703. (Funding Source: General Fund) • Motion accepting the Citizens’ Salary Setting Commission 2026 Recommendations for the Mayor and Councilmembers’ salaries. • Motion setting a Public Hearing for the May 12, 2026 Council Meeting and directing the City Attorney to draft an Ordinance amending the salaries for the Mayor and Council Members pursuant to Charter Section 703.
CITY CLERK; Diane Nayares-Perez, 209-577-5396, [email protected] #4..
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ACTION: (Wright/Bavaro; 6/0) Motion accepting the Citizens’ Salary Setting Commission 2026 Recommendations for the Mayor and Councilmembers’ salaries.
ACTION: (Alvarez/Williams; 6/0) Motion setting a Public Hearing for the May 12, 2026 Council Meeting and directing the City Attorney to draft an Ordinance amending the salaries for the Mayor and Council Members pursuant to Charter Section 703.
15. Consider selecting a preferred Land Use Alternative for the Comprehensive General Plan Update. (Funding Source: Not Applicable)
• Motion to select the preferred Land Use Alternative as presented by staff for the Comprehensive General Plan Update, in order to evaluate all of the environmental impacts, potential mitigation measures and any alternatives.
CED; Michael Hren, 209-577-5267, [email protected]
Recessed 7:03 p.m.
Reconvened 7:10 p.m.
Recessed 8:31 p.m.
Reconvened 8:36 p.m.
ACTION: (Bavaro/Alvarez; 5/1; Ricci No) Motion to select the preferred Land Use Alternative as presented by staff for the Comprehensive General Plan Update, with the additional properties as identified, in order to evaluate all of the environmental impacts, potential mitigation measures and any alternatives,
MATTERS TOO LATE FOR THE AGENDA
None.
ADJOURNMENT
This meeting adjourned at 8:55 P.M.
Attest:____________________________
Diane Nayares-Perez, City Clerk
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CITY OF MODESTO
COUNCIL AGENDA REPORT
DATE OF MEETING:
May 5, 2026
April 15, 2026
TO: Mayor and City Council
THROUGH: Joseph P. Lopez, City Manager
FROM: Toby Wells, Director of Engineering Services/City Engineer SUBJECT: Coffee Road Pavement Rehabilitation Phase II Project CONTACT: Michael Sacuskie, Assistant City Engineer, [email protected], 209-571-5552
DESCRIPTION:
Consider approving the Plans and Specifications for the Coffee Road Pavement Rehabilitation Phase II Project, accepting the Bid and Awarding a Contract to United Pavement Maintenance, Inc., of Hughson, CA, for a total amount not to exceed $3,057,484. (Funding Source: Measure L Funds)
STRATEGIC PLAN ELEMENT:
The recommended action is consistent with the City of Modesto 2025-2026 Strategic Plan Goal D to provide safe, efficient, and reliable infrastructure through proactive community investment, maintenance, and sustainability efforts.
BACKGROUND:
This project will rehabilitate the pavement on Coffee Road between Norwegian Avenue and Scenic Drive with an asphalt overlay and new striping. The project will also add three mid-block crosswalks and curb ramps which will require minimal excavation within existing right of way. Overall, the traffic on Coffee Road will be able to drive on smoother pavement, upgraded bicycle facilities and will have more visible markings and signage throughout the corridor. In addition to performing pavement maintenance, one of the goals of this project is to provide safer crosswalks for pedestrians in the general area of Downey High School.
DISCUSSION:
The Coffee Road Pavement Rehabilitation Phase II Project was advertised for bids on February 6, 2026. Bids were publicly opened on March 3, 2026, and United Pavement #5..
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Council Meeting, May 5, 2026
Coffee Road Pavement Rehabilitation Phase II Project
Maintenance, Inc., of Hughson, CA, was the apparent low bidder. The bid tabulation is attached.
The bid analysis is:
Number of responsive bids received 6
Number of bids within 10% of the engineer’s estimate 6
Number of bids above the engineer’s estimate 1
The bid from United Pavement Maintenance, Inc., is 7.35% below the engineer’s estimate. Staff determined that the bid is a reasonable bid for the project and bidder competition was evident, as the City received six (6) bids.
Modesto Municipal Code Section 8-3.203 generally requires all purchases, which meet or exceed $100,000 for material, equipment, or contractual services to follow the formal bid procedures. The award of contract for construction of the Coffee Road Pavement Rehabilitation Phase II Project, to United Pavement Maintenance, Inc., of Hughson, CA, conforms to the Modesto Municipal Code because the City complied with the formal bid procedures and United Pavement Maintenance, Inc., was the lowest responsive and responsible bidder.
The City’s “Change Order Approval Policy” enacted by Council Resolution No. 1994- 443 on July 19, 1994, and 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 ten percent (10%) for Construction contracts of this dollar value.
While the change order policy is utilized for each Construction agreement awarded by the City, it is not written into the agreement, nor is it a guaranteed amount included in the final compensation to the contractor.
FISCAL IMPACT:
Funding for this project is budgeted in Capital Improvement Project (CIP) accounts:
101314 – Coffee Rd. Pvmt Rehab Ph. II.
The project is being funded by Local Measure L funds.
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Council Meeting, May 5, 2026
Coffee Road Pavement Rehabilitation Phase II Project
The anticipated fiscal impact of this project is as follows:
Construction Contract $3,057,484
Construction Contingency (10%) $305,749
Construction Admin - City Staff (10%) $305,749
Design support During Construction – City Staff (2%) $61,150 TOTAL ANTICIPATED EXPENDITURES: $3,730,132
CEQA/NEPA REQUIREMENTS:
Environmental review has been provided through a Categorical Exemption under CEQA Section 15301, Class 1, item (c), EA/CEDD 2026-01, filed on January 8, 2026.
COMMITTEE RECOMMENDATION:
On April 6, 2026, this item was considered by Economic Development Committee, which recommended it to be forward to Council for approval.
RECOMMENDED COUNCIL ACTION:
Staff Recommendations:
Resolution approving the Plans and Specifications for the Coffee Road Pavement Rehabilitation Phase II Project, accepting the Bid and Awarding a Contract to United Pavement Maintenance, Inc., of Hughson, CA, in the amount of $3,057,484, and authorizing Change Orders up to a cumulative amount of $305,749, for a total Agreement amount not to exceed $3,363,233, and authorizing the City Manager, or his designee, to execute the Contract.
Approved by:
Toby Wells, Director of Engineering
Services/City Engineer
Joseph P. Lopez, City Manager
Attachments:
1. Resolution – Award Coffee Road Pavement Rehabilitation Phase II Project
2. Contract with United Pavement Maintenance, Inc. (including Exhibit A)
3. Bid Results 2026-10 Coffee Road Pavement Rehabilitation Phase II Project
4. Financial Interest Disclosure Form – United Pavement Maintenance, Inc. #5..
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05/05/2026/ESD/M. Sacuskie/Item 1 2026-
MODESTO CITY COUNCIL
RESOLUTION NO. 2026-XX
RESOLUTION APPROVING THE PLANS AND SPECIFICATIONS FOR THE
COFFEE ROAD PAVEMENT REHABILITATION PHASE II PROJECT,
ACCEPTING THE BID AND AWARDING A CONTRACT TO UNITED
PAVEMENT MAINTENANCE, INC., OF HUGHSON, CA, IN THE AMOUNT OF $3,057,484, AND AUTHORIZING CHANGE ORDERS UP TO THE
CUMULATIVE AMOUNT OF $305,749, FOR A TOTAL AGREEMENT AMOUNT NOT TO EXCEED $3,363,233, AND AUTHORIZING THE CITY MANAGER, OR
HIS DESIGNEE, TO EXECUTE THE CONTRACT
WHEREAS, the Coffee Road Pavement Rehabilitation Phase II project will rehabilitate the pavement on Coffee Road between Norwegian Avenue and Scenic Drive with an asphalt overlay and new striping; and WHEREAS, the project will also add three mid-block crosswalks and curb ramps which will require minimal excavation within existing right of way; and WHEREAS, plans and specifications have been prepared for the Coffee Road Pavement Rehabilitation Phase II Project, and City staff recommends approval by the City Council; and
WHEREAS, the bids received for the Coffee Road Pavement Rehabilitation Phase II Project, were publicly opened at 11:00 a.m. on March 3, 2026, and later tabulated by for the consideration of Council; and WHEREAS, the Director of Engineering Services recommends that the bid of $3,057,484 received from United Pavement Maintenance, Inc. of Hughson, CA, be accepted as the lowest responsible and responsive bid and the contract be awarded to United Pavement Maintenance, Inc.; and
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05/05/2026/ESD/M. Sacuskie/Item 2 2026-
WHEREAS, the Director of Engineering Services is authorized to approve Change Orders up to the cumulative amount of $305,749 (10% of the original contract price); and
WHEREAS, Modesto Municipal Code Section 8-3.203 generally requires all purchases, which meet or exceed $100,000 for material, equipment or contractual services, to follow the formal bid procedures; and WHEREAS, an award of $3,057,484 and agreement for construction with United Pavement Maintenance, Inc. of Hughson, CA, conforms to the Modesto Municipal Code because the City complied with the formal bid procedures and United Pavement Maintenance, Inc., was the lowest responsive and responsible bidder.
NOW, THEREFORE BE IT RESOLVED, by the Council of the City of Modesto that it hereby approves the plans and specifications for the Coffee Road Pavement Rehabilitation Phase II Project, accepting the bid, and awarding a contract to United Pavement Maintenance, Inc. of Hughson, CA, in the amount of $3,057,484, authorizing the Director of Engineering Services to approve Change Orders up to the cumulative amount of $305,749 (10% of the original contract price) for a total agreement amount not to exceed $3,363,233.
BE IT FURTHER RESOLVED that the City Manager, or his designee, is hereby authorized to execute the contract, in a form approved by the City Attorney.
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05/05/2026/ESD/M. Sacuskie/Item 3 2026-
The foregoing resolution was introduced at a regular meeting of the Council of the City of Modesto held on the 5th day of May 2026, by Councilmember ?, who moved its adoption, which motion being duly seconded by Councilmember ?, was upon roll call carried and the resolution adopted by the following vote:
AYES: Councilmembers: ?
NOES: Councilmembers: ?
ABSENT: Councilmembers: ?
ATTEST: ________________________________
DIANE NAYARES-PEREZ, CMC,
City Clerk
(SEAL)
APPROVED AS TO FORM:
BY: _____________________________________
JOSE M. SANCHEZ, City Attorney
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Coffee Road Pavement Rehabilitation Phase II Project
Bid Tabulation Wednesday, March 4, 2026
Project Title: Coffee Road Pavement Rehabilitation Phase II Project Project ID #: 2026-10
Vault ID #: 20-D-0724
Bid Opening: 3/3/2026 at 11:00 AM Designer: Valeria Martinez Basis of Award: By Base Bid Design Manager: Valeria Martinez Project Description: Project will rehabilitate the pavement on Coffee Road with a grind and overlay within existing facilities. The project will also add three mid-block crosswalks and curb ramps which will require minimal excavation within existing right of way.
Item # Item Description Units Quantity Unit Price Extension Apparent Low Bidder
United Pavement Maintenance Inc.
Ph (209) 883-4345, Fax (209) 498-5273 PO Box 1017, Hughson, CA 95326 Base Bid
1. Traffic Control and Construction Area Signs LS 1 $180,737.00 $180,737.00
2. Portable Changeable Message Sign EA 6 $6,143.00 $36,858.00
3. Water Pollution Control Plan (WPCP) LS 1 $9,494.00 $9,494.00
4. Lead Compliance Plan LS 1 $2,625.00 $2,625.00
5. Contractor Provided Monument Preservation LS 1 $8,421.00 $8,421.00 (Includes Locating, Preserving, Corner Records
if Needed, and Fees)
6. Clearing and Grubbing LS 1 $14,564.00 $14,564.00
7. Demolition LS 1 $15,754.00 $15,754.00
8. Surface Preparation LS 1 $10,000.00 $10,000.00
9. Sweeping LS 1 $12,680.00 $12,680.00
10. Pothole Utilities LS 1 $52,249.00 $52,249.00
11. Cold Plane Asphalt Concrete 0.20’ Deep SF 558,720 $0.39 $217,900.80 (Coffee Road)
12. Cold Plane Asphalt Concrete 0.20’ Deep SF 33,723 $0.95 $32,036.85 (Minor Road)
13. Sawcut PCC and AC LF 1,092 $8.25 $9,009.00
14. Asphalt Rubber Chip Seal – 3/8” Aggregate SY 63,625 $4.99 $317,488.75 (Cold Planed Surface)
15. Type RHMA-G Hot Mix Asphalt 0.20’ Thick TON 8,381 $144.00 $1,206,864.00
16. Type A Hot Mix Asphalt 0.20' Thick TON 506 $204.00 $103,224.00
17. Adjust Storm Drain Manhole Covers to Finished EA 25 $1,121.00 $28,025.00 Grade
18. Adjust Sewer Manhole Covers to Finished Grade EA 38 $1,121.00 $42,598.00
19. Adjust Water Valve Covers to Finished Grade G-5 EA 141 $965.00 $136,065.00
20. Adjust Detector Handhole and Monument Well EA 12 $965.00 $11,580.00 Covers to Finished Grade G-5
21. Adjust Non-City Utility Covers to Finished Grade LS 1 $800.00 $800.00 (Coordination Only)
22. Concrete Sidewalk Flatwork (Curb Ramps) SF 1,320 $48.30 $63,756.00
23. Concrete Curb and Gutter (Standard or Drive Over) LF 141 $94.00 $13,254.00
24. Full Depth Asphalt Paveout (Curb Ramps) TON 22 $620.00 $13,640.00
25. Concrete Sidewalk Flatwork (Remove and Replace SF 1,499 $24.00 $35,976.00 #5..
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Coffee Road Pavement Rehabilitation Phase II Project
Item # Item Description Units Quantity Unit Price Extension Existing Sidewalk Panels)
26. Cast Iron Detectable Warning Plates SF 297 $60.00 $17,820.00
27. Concrete Pedestrian Islands (Includes Concrete SF 1,393 $41.20 $57,391.60 Curb, Flatwork, and Aggregate Base)
28. Install Solar Bi-Directional Rectangular Flashing EA 9 $12,547.00 $112,923.00 Beacons Posts and Signage
29. Install Signs and Posts LS 1 $8,925.00 $8,925.00
30. Paint Pedestrian Island Curb Radius Yellow and LS 1 $1,050.00 $1,050.00 Add Reflective Markers
31. Removal and Installation of Striping, Pavement LS 1 $282,975.00 $282,975.00 Markings and Signage
32. Curb Ramp Asbuilt Inspection Forms LS 1 $800.00 $800.00 Total: $3,057,484.00
Percent From Engineer's Estimate: -7.35%
Mountain Cascade Inc.
Ph (925) 373-8370, Fax (925) 373-0940 555 Exchange Court, Livermore, CA 94551 Base Bid
1. Traffic Control and Construction Area Signs LS 1 $314,973.00 $314,973.00
2. Portable Changeable Message Sign EA 6 $7,446.00 $44,676.00
3. Water Pollution Control Plan (WPCP) LS 1 $17,261.00 $17,261.00
4. Lead Compliance Plan LS 1 $2,736.95 $2,736.95
5. Contractor Provided Monument Preservation LS 1 $28,363.00 $28,363.00 (Includes Locating, Preserving, Corner Records
if Needed, and Fees)
6. Clearing and Grubbing LS 1 $14,333.00 $14,333.00
7. Demolition LS 1 $22,632.00 $22,632.00
8. Surface Preparation LS 1 $14,531.00 $14,531.00
9. Sweeping LS 1 $31,889.00 $31,889.00
10. Pothole Utilities LS 1 $6,025.00 $6,025.00
11. Cold Plane Asphalt Concrete 0.20’ Deep SF 558,720 $0.10 $55,872.00 (Coffee Road)
12. Cold Plane Asphalt Concrete 0.20’ Deep SF 33,723 $0.35 $11,803.05 (Minor Road)
13. Sawcut PCC and AC LF 1,092 $7.00 $7,644.00
14. Asphalt Rubber Chip Seal – 3/8” Aggregate SY 63,625 $5.20 $330,850.00 (Cold Planed Surface)
15. Type RHMA-G Hot Mix Asphalt 0.20’ Thick TON 8,381 $147.00 $1,232,007.00
16. Type A Hot Mix Asphalt 0.20' Thick TON 506 $163.00 $82,478.00
17. Adjust Storm Drain Manhole Covers to Finished EA 25 $1,534.00 $38,350.00 Grade
18. Adjust Sewer Manhole Covers to Finished Grade EA 38 $1,534.00 $58,292.00
19. Adjust Water Valve Covers to Finished Grade G-5 EA 141 $1,205.00 $169,905.00
20. Adjust Detector Handhole and Monument Well EA 12 $1,205.00 $14,460.00 Covers to Finished Grade G-5
21. Adjust Non-City Utility Covers to Finished Grade LS 1 $5,479.00 $5,479.00 (Coordination Only)
22. Concrete Sidewalk Flatwork (Curb Ramps) SF 1,320 $25.00 $33,000.00
23. Concrete Curb and Gutter (Standard or Drive Over) LF 141 $101.00 $14,241.00
24. Full Depth Asphalt Paveout (Curb Ramps) TON 22 $570.00 $12,540.00 #5..
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Coffee Road Pavement Rehabilitation Phase II Project
Item # Item Description Units Quantity Unit Price Extension
25. Concrete Sidewalk Flatwork (Remove and Replace SF 1,499 $22.00 $32,978.00 Existing Sidewalk Panels)
26. Cast Iron Detectable Warning Plates SF 297 $131.00 $38,907.00
27. Concrete Pedestrian Islands (Includes Concrete SF 1,393 $31.00 $43,183.00 Curb, Flatwork, and Aggregate Base)
28. Install Solar Bi-Directional Rectangular Flashing EA 9 $13,079.00 $117,711.00 Beacons Posts and Signage
29. Install Signs and Posts LS 1 $9,315.00 $9,315.00
30. Paint Pedestrian Island Curb Radius Yellow and LS 1 $1,096.00 $1,096.00 Add Reflective Markers
31. Removal and Installation of Striping, Pavement LS 1 $295,330.00 $295,330.00 Markings and Signage
32. Curb Ramp Asbuilt Inspection Forms LS 1 $1,833.00 $1,833.00 Total: $3,104,694.00
Percent From Engineer's Estimate: -5.92%
DSS Company dba Knife River Construction
Ph (209) 932-2100, Fax (209) 948-6652 P.O. Box 6099, Stockton, CA 95206 Base Bid
1. Traffic Control and Construction Area Signs LS 1 $290,000.00 $290,000.00
2. Portable Changeable Message Sign EA 6 $3,900.00 $23,400.00
3. Water Pollution Control Plan (WPCP) LS 1 $4,775.00 $4,775.00
4. Lead Compliance Plan LS 1 $2,775.00 $2,775.00
5. Contractor Provided Monument Preservation LS 1 $8,900.00 $8,900.00 (Includes Locating, Preserving, Corner Records
if Needed, and Fees)
6. Clearing and Grubbing LS 1 $4,800.00 $4,800.00
7. Demolition LS 1 $61,000.00 $61,000.00
8. Surface Preparation LS 1 $5,300.00 $5,300.00
9. Sweeping LS 1 $52,615.00 $52,615.00
10. Pothole Utilities LS 1 $8,500.00 $8,500.00
11. Cold Plane Asphalt Concrete 0.20’ Deep SF 558,720 $0.32 $178,790.40 (Coffee Road)
12. Cold Plane Asphalt Concrete 0.20’ Deep SF 33,723 $0.30 $10,116.90 (Minor Road)
13. Sawcut PCC and AC LF 1,092 $7.75 $8,463.00
14. Asphalt Rubber Chip Seal – 3/8” Aggregate SY 63,625 $5.30 $337,212.50 (Cold Planed Surface)
15. Type RHMA-G Hot Mix Asphalt 0.20’ Thick TON 8,381 $130.00 $1,089,530.00
16. Type A Hot Mix Asphalt 0.20' Thick TON 506 $183.30 $92,749.80
17. Adjust Storm Drain Manhole Covers to Finished EA 25 $1,640.00 $41,000.00 Grade
18. Adjust Sewer Manhole Covers to Finished Grade EA 38 $1,640.00 $62,320.00
19. Adjust Water Valve Covers to Finished Grade G-5 EA 141 $1,755.00 $247,455.00
20. Adjust Detector Handhole and Monument Well EA 12 $1,755.00 $21,060.00 Covers to Finished Grade G-5
21. Adjust Non-City Utility Covers to Finished Grade LS 1 $555.00 $555.00 (Coordination Only)
22. Concrete Sidewalk Flatwork (Curb Ramps) SF 1,320 $19.75 $26,070.00
23. Concrete Curb and Gutter (Standard or Drive Over) LF 141 $126.00 $17,766.00 #5..
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Coffee Road Pavement Rehabilitation Phase II Project
Item # Item Description Units Quantity Unit Price Extension
24. Full Depth Asphalt Paveout (Curb Ramps) TON 22 $375.00 $8,250.00
25. Concrete Sidewalk Flatwork (Remove and Replace SF 1,499 $16.50 $24,733.50 Existing Sidewalk Panels)
26. Cast Iron Detectable Warning Plates SF 297 $63.00 $18,711.00
27. Concrete Pedestrian Islands (Includes Concrete SF 1,393 $38.30 $53,351.90 Curb, Flatwork, and Aggregate Base)
28. Install Solar Bi-Directional Rectangular Flashing EA 9 $13,265.00 $119,385.00 Beacons Posts and Signage
29. Install Signs and Posts LS 1 $9,435.00 $9,435.00
30. Paint Pedestrian Island Curb Radius Yellow and LS 1 $1,110.00 $1,110.00 Add Reflective Markers
31. Removal and Installation of Striping, Pavement LS 1 $299,145.00 $299,145.00 Markings and Signage
32. Curb Ramp Asbuilt Inspection Forms LS 1 $555.00 $555.00 Total: $3,129,830.00
Percent From Engineer's Estimate: -5.16%
George Reed, Inc.
Ph (209) 523-0734, Fax (209) 523-4927 P.O. Box 4760, Modesto, CA 95352 Base Bid
1. Traffic Control and Construction Area Signs LS 1 $558,190.05 $558,190.05
2. Portable Changeable Message Sign EA 6 $4,000.00 $24,000.00
3. Water Pollution Control Plan (WPCP) LS 1 $25,000.00 $25,000.00
4. Lead Compliance Plan LS 1 $3,000.00 $3,000.00
5. Contractor Provided Monument Preservation LS 1 $10,000.00 $10,000.00 (Includes Locating, Preserving, Corner Records
if Needed, and Fees)
6. Clearing and Grubbing LS 1 $50,000.00 $50,000.00
7. Demolition LS 1 $75,000.00 $75,000.00
8. Surface Preparation LS 1 $10,000.00 $10,000.00
9. Sweeping LS 1 $75,000.00 $75,000.00
10. Pothole Utilities LS 1 $25,000.00 $25,000.00
11. Cold Plane Asphalt Concrete 0.20’ Deep SF 558,720 $0.18 $100,569.60 (Coffee Road)
12. Cold Plane Asphalt Concrete 0.20’ Deep SF 33,723 $0.20 $6,744.60 (Minor Road)
13. Sawcut PCC and AC LF 1,092 $3.00 $3,276.00
14. Asphalt Rubber Chip Seal – 3/8” Aggregate SY 63,625 $4.75 $302,218.75 (Cold Planed Surface)
15. Type RHMA-G Hot Mix Asphalt 0.20’ Thick TON 8,381 $98.00 $821,338.00
16. Type A Hot Mix Asphalt 0.20' Thick TON 506 $250.00 $126,500.00
17. Adjust Storm Drain Manhole Covers to Finished EA 25 $1,800.00 $45,000.00 Grade
18. Adjust Sewer Manhole Covers to Finished Grade EA 38 $1,800.00 $68,400.00
19. Adjust Water Valve Covers to Finished Grade G-5 EA 141 $1,600.00 $225,600.00
20. Adjust Detector Handhole and Monument Well EA 12 $1,600.00 $19,200.00 Covers to Finished Grade G-5
21. Adjust Non-City Utility Covers to Finished Grade LS 1 $1,000.00 $1,000.00 (Coordination Only)
22. Concrete Sidewalk Flatwork (Curb Ramps) SF 1,320 $25.00 $33,000.00 #5..
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Coffee Road Pavement Rehabilitation Phase II Project
Item # Item Description Units Quantity Unit Price Extension
23. Concrete Curb and Gutter (Standard or Drive Over) LF 141 $170.00 $23,970.00
24. Full Depth Asphalt Paveout (Curb Ramps) TON 22 $560.00 $12,320.00
25. Concrete Sidewalk Flatwork (Remove and Replace SF 1,499 $24.00 $35,976.00 Existing Sidewalk Panels)
26. Cast Iron Detectable Warning Plates SF 297 $90.00 $26,730.00
27. Concrete Pedestrian Islands (Includes Concrete SF 1,393 $26.00 $36,218.00 Curb, Flatwork, and Aggregate Base)
28. Install Solar Bi-Directional Rectangular Flashing EA 9 $11,950.00 $107,550.00 Beacons Posts and Signage
29. Install Signs and Posts LS 1 $8,600.00 $8,600.00
30. Paint Pedestrian Island Curb Radius Yellow and LS 1 $1,000.00 $1,000.00 Add Reflective Markers
31. Removal and Installation of Striping, Pavement LS 1 $269,500.00 $269,500.00 Markings and Signage
32. Curb Ramp Asbuilt Inspection Forms LS 1 $1,000.00 $1,000.00 Total: $3,130,901.00
Percent From Engineer's Estimate: -5.12%
Bay Cities Paving & Grading, Inc.
Ph (925) 687-6666, Fax (925) 687-2122 1450 Civic Court, Bldg. B, Suite 400, Concord, CA 94520 Base Bid
1. Traffic Control and Construction Area Signs LS 1 $250,000.00 $250,000.00
2. Portable Changeable Message Sign EA 6 $6,700.00 $40,200.00
3. Water Pollution Control Plan (WPCP) LS 1 $25,000.00 $25,000.00
4. Lead Compliance Plan LS 1 $2,500.00 $2,500.00
5. Contractor Provided Monument Preservation LS 1 $11,600.00 $11,600.00 (Includes Locating, Preserving, Corner Records
if Needed, and Fees)
6. Clearing and Grubbing LS 1 $30,100.00 $30,100.00
7. Demolition LS 1 $33,300.00 $33,300.00
8. Surface Preparation LS 1 $33,900.00 $33,900.00
9. Sweeping LS 1 $14,000.00 $14,000.00
10. Pothole Utilities LS 1 $32,000.00 $32,000.00
11. Cold Plane Asphalt Concrete 0.20’ Deep SF 558,720 $0.30 $167,616.00 (Coffee Road)
12. Cold Plane Asphalt Concrete 0.20’ Deep SF 33,723 $1.20 $40,467.60 (Minor Road)
13. Sawcut PCC and AC LF 1,092 $2.50 $2,730.00
14. Asphalt Rubber Chip Seal – 3/8” Aggregate SY 63,625 $4.80 $305,400.00 (Cold Planed Surface)
15. Type RHMA-G Hot Mix Asphalt 0.20’ Thick TON 8,381 $172.00 $1,441,532.00
16. Type A Hot Mix Asphalt 0.20' Thick TON 506 $210.00 $106,260.00
17. Adjust Storm Drain Manhole Covers to Finished EA 25 $1,400.00 $35,000.00 Grade
18. Adjust Sewer Manhole Covers to Finished Grade EA 38 $1,400.00 $53,200.00
19. Adjust Water Valve Covers to Finished Grade G-5 EA 141 $1,100.00 $155,100.00
20. Adjust Detector Handhole and Monument Well EA 12 $1,100.00 $13,200.00 Covers to Finished Grade G-5
21. Adjust Non-City Utility Covers to Finished Grade LS 1 $2,200.00 $2,200.00 (Coordination Only)
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Coffee Road Pavement Rehabilitation Phase II Project
Item # Item Description Units Quantity Unit Price Extension
22. Concrete Sidewalk Flatwork (Curb Ramps) SF 1,320 $18.00 $23,760.00
23. Concrete Curb and Gutter (Standard or Drive Over) LF 141 $70.00 $9,870.00
24. Full Depth Asphalt Paveout (Curb Ramps) TON 22 $300.00 $6,600.00
25. Concrete Sidewalk Flatwork (Remove and Replace SF 1,499 $18.00 $26,982.00 Existing Sidewalk Panels)
26. Cast Iron Detectable Warning Plates SF 297 $120.00 $35,640.00
27. Concrete Pedestrian Islands (Includes Concrete SF 1,393 $23.00 $32,039.00 Curb, Flatwork, and Aggregate Base)
28. Install Solar Bi-Directional Rectangular Flashing EA 9 $12,000.00 $108,000.00 Beacons Posts and Signage
29. Install Signs and Posts LS 1 $8,500.00 $8,500.00
30. Paint Pedestrian Island Curb Radius Yellow and LS 1 $1,000.00 $1,000.00 Add Reflective Markers
31. Removal and Installation of Striping, Pavement LS 1 $270,000.00 $270,000.00 Markings and Signage
32. Curb Ramp Asbuilt Inspection Forms LS 1 $2,900.00 $2,900.00 Total: $3,320,596.60
Percent From Engineer's Estimate: 0.62%
Rapid Grading Services
Ph (510) 736-7918 23842 Cabot Boulevard, Hayward, CA 94545 Base Bid
1. Traffic Control and Construction Area Signs LS 1 $239,007.16 $239,007.16
2. Portable Changeable Message Sign EA 6 $1,957.39 $11,744.34
3. Water Pollution Control Plan (WPCP) LS 1 $3,809.21 $3,809.21
4. Lead Compliance Plan LS 1 $2,539.47 $2,539.47
5. Contractor Provided Monument Preservation LS 1 $15,236.84 $15,236.84 (Includes Locating, Preserving, Corner Records
if Needed, and Fees)
6. Clearing and Grubbing LS 1 $2,024.35 $2,024.35
7. Demolition LS 1 $20,243.31 $20,243.31
8. Surface Preparation LS 1 $9,346.53 $9,346.53
9. Sweeping LS 1 $2,146.77 $2,146.77
10. Pothole Utilities LS 1 $3,005.22 $3,005.22
11. Cold Plane Asphalt Concrete 0.20’ Deep SF 558,720 $0.43 $240,249.60 (Coffee Road)
12. Cold Plane Asphalt Concrete 0.20’ Deep SF 33,723 $0.79 $26,641.17 (Minor Road)
13. Sawcut PCC and AC LF 1,092 $2.34 $2,555.28
14. Asphalt Rubber Chip Seal – 3/8” Aggregate SY 63,625 $5.00 $318,125.00 (Cold Planed Surface)
15. Type RHMA-G Hot Mix Asphalt 0.20’ Thick TON 8,381 $196.02 $1,642,843.62
16. Type A Hot Mix Asphalt 0.20' Thick TON 506 $174.35 $88,221.10
17. Adjust Storm Drain Manhole Covers to Finished EA 25 $1,452.87 $36,321.75 Grade
18. Adjust Sewer Manhole Covers to Finished Grade EA 38 $1,452.87 $55,209.06
19. Adjust Water Valve Covers to Finished Grade G-5 EA 141 $1,296.00 $182,736.00
20. Adjust Detector Handhole and Monument Well EA 12 $324.76 $3,897.12 Covers to Finished Grade G-5
21. Adjust Non-City Utility Covers to Finished Grade LS 1 $1,127.38 $1,127.38 #5..
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Coffee Road Pavement Rehabilitation Phase II Project
Item # Item Description Units Quantity Unit Price Extension (Coordination Only)
22. Concrete Sidewalk Flatwork (Curb Ramps) SF 1,320 $29.27 $38,636.40
23. Concrete Curb and Gutter (Standard or Drive Over) LF 141 $102.96 $14,517.36
24. Full Depth Asphalt Paveout (Curb Ramps) TON 22 $538.81 $11,853.82
25. Concrete Sidewalk Flatwork (Remove and Replace SF 1,499 $19.87 $29,785.13 Existing Sidewalk Panels)
26. Cast Iron Detectable Warning Plates SF 297 $52.30 $15,533.10
27. Concrete Pedestrian Islands (Includes Concrete SF 1,393 $43.48 $60,567.64 Curb, Flatwork, and Aggregate Base)
28. Install Solar Bi-Directional Rectangular Flashing EA 9 $14,221.05 $127,989.45 Beacons Posts and Signage
29. Install Signs and Posts LS 1 $8,634.21 $8,634.21
30. Paint Pedestrian Island Curb Radius Yellow and LS 1 $1,015.79 $1,015.79 Add Reflective Markers
31. Removal and Installation of Striping, Pavement LS 1 $273,755.26 $273,755.26 Markings and Signage
32. Curb Ramp Asbuilt Inspection Forms LS 1 $1,127.38 $1,127.38 Total: $3,490,445.82
Percent From Engineer's Estimate: 5.77%
Engineer's Estimate
Base Bid
1. Traffic Control and Construction Area Signs LS 1 $178,026.20 $178,026.20
2. Portable Changeable Message Sign EA 6 $5,000.00 $30,000.00
3. Water Pollution Control Plan (WPCP) LS 1 $60,000.00 $60,000.00
4. Lead Compliance Plan LS 1 $30,000.00 $30,000.00
5. Contractor Provided Monument Preservation LS 1 $25,000.00 $25,000.00 (Includes Locating, Preserving, Corner Records
if Needed, and Fees)
6. Clearing and Grubbing LS 1 $25,000.00 $25,000.00
7. Demolition LS 1 $150,000.00 $150,000.00
8. Surface Preparation LS 1 $50,000.00 $50,000.00
9. Sweeping LS 1 $50,000.00 $50,000.00
10. Pothole Utilities LS 1 $15,000.00 $15,000.00
11. Cold Plane Asphalt Concrete 0.20’ Deep SF 558,720 $0.60 $335,232.00 (Coffee Road)
12. Cold Plane Asphalt Concrete 0.20’ Deep SF 33,723 $0.60 $20,233.80 (Minor Road)
13. Sawcut PCC and AC LF 1,092 $5.00 $5,460.00
14. Asphalt Rubber Chip Seal – 3/8” Aggregate SY 63,625 $5.00 $318,125.00 (Cold Planed Surface)
15. Type RHMA-G Hot Mix Asphalt 0.20’ Thick TON 8,381 $135.00 $1,131,435.00
16. Type A Hot Mix Asphalt 0.20' Thick TON 506 $130.00 $65,780.00
17. Adjust Storm Drain Manhole Covers to Finished EA 25 $1,200.00 $30,000.00 Grade
18. Adjust Sewer Manhole Covers to Finished Grade EA 38 $1,200.00 $45,600.00
19. Adjust Water Valve Covers to Finished Grade G-5 EA 141 $1,100.00 $155,100.00
20. Adjust Detector Handhole and Monument Well EA 12 $1,200.00 $14,400.00 Covers to Finished Grade G-5
21. Adjust Non-City Utility Covers to Finished Grade LS 1 $10,000.00 $10,000.00 #5..
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Coffee Road Pavement Rehabilitation Phase II Project
Item # Item Description Units Quantity Unit Price Extension (Coordination Only)
22. Concrete Sidewalk Flatwork (Curb Ramps) SF 1,320 $20.00 $26,400.00
23. Concrete Curb and Gutter (Standard or Drive Over) LF 141 $60.00 $8,460.00
24. Full Depth Asphalt Paveout (Curb Ramps) TON 22 $165.00 $3,630.00
25. Concrete Sidewalk Flatwork (Remove and Replace SF 1,499 $20.00 $29,980.00 Existing Sidewalk Panels)
26. Cast Iron Detectable Warning Plates SF 297 $50.00 $14,850.00
27. Concrete Pedestrian Islands (Includes Concrete SF 1,393 $16.00 $22,288.00 Curb, Flatwork, and Aggregate Base)
28. Install Solar Bi-Directional Rectangular Flashing EA 9 $15,000.00 $135,000.00 Beacons Posts and Signage
29. Install Signs and Posts LS 1 $10,000.00 $10,000.00
30. Paint Pedestrian Island Curb Radius Yellow and LS 1 $2,500.00 $2,500.00 Add Reflective Markers
31. Removal and Installation of Striping, Pavement LS 1 $300,000.00 $300,000.00 Markings and Signage
32. Curb Ramp Asbuilt Inspection Forms LS 1 $2,500.00 $2,500.00 Total: $3,300,000.00
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CITY OF MODESTO
COUNCIL AGENDA REPORT
DATE OF MEETING:
May 5, 2026
Date: April 15, 2026
TO: Mayor and City Council
THROUGH: Joseph P. Lopez, City Manager
FROM: Toby Wells, Director of Engineering Services Department / City Engineer SUBJECT: Accept the Tuolumne River Regional Park (TRRP) Picnic Area B Renovation Project
CONTACT: Peter Kambel, Senior Civil Engineer, [email protected], 209-577-5444
DESCRIPTION:
Consider accepting the Tuolumne River Regional Park (TRRP) Picnic Area B Renovation Project as complete, releasing securities, releasing payments totaling $373,173 to Sinclair General Engineering Construction, Inc. of Oakdale, CA, and authorizing the City Clerk to file a Notice of Completion. (Funding Source: Various Funds) STRATEGIC PLAN ELEMENT:
The recommended action supports the City’s 2025-26 Strategic Plan Area of Focus:
Quality of Life and Governance and Service Delivery.
BACKGROUND:
On July 11, 2023, by Resolution 2023-349, Council approved a revision to the Parks, Recreation and Neighborhoods Department Phase 1 American Rescue Plan Act (ARPA) funding to reallocate $350,000 to the Tuolumne River Regional Park (TRRP) Picnic Area B Renovation. On January 23, 2024, Resolution 2024-018, Council approved the purchase, delivery and installation of a pre-manufactured restroom building for this area.
The Tuolumne River Regional Park (TRRP) Picnic Area B Renovation Project renovated the existing picnic area by installing new concrete paving, site furnishings, improved maintenance access, Americans with Disabilities Act compliance upgrades, and additional shade tree planting.
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City Council, May 5, 2026
Accept the Tuolumne River Regional Park (TRRP) Picnic
Area B Renovation Project
DISCUSSION:
The work for this project was advertised for bids on October 23, 2024. Bids were publicly opened on November 12, 2024, and Sinclair General Engineering Construction, Inc. of Oakdale, CA, was determined to be the responsible bidder with the lowest bid at 11.4% below the engineer’s estimate.
On December 10, 2024, by Resolution 2024-455, Council awarded a contract to Sinclair General Engineering Construction, Inc., in the amount of $342,707. The Contractor received the Notice to Proceed with a start date of February 24, 2025. All contract work was completed on May 23, 2025.
By accepting this project as complete, the City officially accepts the improvements made and authorizes the Notice of Completion to be filed. The City Clerk is authorized to complete all the necessary steps to file Notice of Completion with the County Recorder, release securities, and authorize payments totaling $373,173. The work is covered by a one-year warranty for any issues that may arise.
Due to delays in final quantity and As-built approval, change order processing, and monument preservation, the administrative closure of this project was delayed. As such, the Construction Administration and the City Manager’s Office authorized the retention release on February 4, 2026, per the attached memorandum.
Staff recommends the project for acceptance as the contractor has complied with all contract requirements for the project.
FISCAL IMPACT:
The total project costs were $565,113, which included design, construction, construction administration, and funds spent prior to construction (prefabricated restroom unit). The total project amount originally budgeted was $850,034, which included $376,978 for the construction contract and contingency with Sinclair General Engineering Construction, Inc.
The City’s “Change Order Approval Policy” enacted by Council Resolution No. 94-443 on July 19, 1994, updated by Resolution No. 2019-326 on July 9, 2019, and revised a second time September 12, 2023, by Resolution 2023-405 established a contract change order authority of 10% ($34,271) for construction contracts up to $10,000,000.
There were five (5) change orders resulting in an overall increase of $30,466 for change order work as listed on the attached change order log. A summary of the expenditures for the overall project is listed below.
101432 – TRRP – Special Revenue Funds – 6720 TRRP B – Picnic and Restroom 101478 – JPA – TRRP Special Revenue Fund – CIP – 6710
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City Council, May 5, 2026
Accept the Tuolumne River Regional Park (TRRP) Picnic
Area B Renovation Project
PROJECT EXPENDITURES:
Construction Contract % of Contract $342,707
Construction Contingency (Change Orders) 8.89% $30,466
Construction Administration – City Staff Support 11.08% $37,973 Engineering Design/Admin. – City Staff Support/Misc. 5.15% $17,643 Previously Spent Funds (Prefabricated Restroom Unit) $136,324 TOTAL CONSTRUCTION EXPENDITURES: $565,113
COMMITTEE RECOMMENDATION:
On April 15, 2024, the Safety & Communities Committee recommended forwarding the item to Council for approval.
CEQA/NEPA REQUIREMENTS:
City staff prepared a Notice of Exemption No. EA/PR&N 2024-02 and the project was categorically exempt from CEQA since it is a minor alteration to an existing facility involving a negligible expansion of use beyond the current use.
RECOMMENDED COUNCIL ACTION:
Staff Recommendations:
Resolution accepting Tuolumne River Regional Park (TRRP) Picnic Area B Renovation Project as complete, releasing securities, releasing payments totaling $373,173 to Sinclair General Engineering Construction, Inc. of Oakdale, CA, and authorizing the City Clerk to file a Notice of Completion.
Approved by:
_____________________________________
Toby Wells, Director of Engineering Services/
City Engineer
_____________________________________
Joseph P. Lopez, City Manager
Attachments:
1. Resolution
2. Contract Change Order Log
3. Project (101432) Substantial Completion Notice
4. Project (101478) Substantial Completion Notice
5. Retention Release Memorandum
6. Notice of Completion
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5/5/2026/ESD/PKambel 1 2026-
MODESTO CITY COUNCIL
RESOLUTION NO. 2026-XX
RESOLUTION ACCEPTING THE TUOLUMNE RIVER REGIONAL PARK
(TRRP) PICNIC AREA B RENOVATION PROJECT AS COMPLETE,
RELEASING SECURITIES, RELEASING PAYMENTS TOTALING $373,173 TO SINCLAIR GENERAL ENGINEERING CONSTRUCTION, INC. OF OAKDALE,
CA, AND AUTHORIZING THE CITY CLERK TO FILE A NOTICE OF
COMPLETION
WHEREAS, the Tuolumne River Regional Park (TRRP) Picnic Area B Renovation Project renovated the existing picnic area by installing new concrete paving, site furnishings, improved maintenance access, Americans with Disabilities Act compliance upgrades, and additional shade tree planting; and WHEREAS, the project was advertised for bids on October 23, 2024; and WHEREAS, bids were publicly opened on November 12, 2024, and Sinclair General Engineering Construction, Inc. of Oakdale, CA, was determined to be the responsible bidder with the lowest bid at 11.4% below the engineer’s estimate; and WHEREAS, on December 10, 2024, by Resolution 2024-455, Council awarded a contract to Sinclair General Engineering Construction, Inc., in the amount of $342,707; and
WHEREAS, the Contractor received the Notice to Proceed with a start date of February 24, 2025. All contract work was completed on May 23, 2025; and WHEREAS, the total project costs $565,113, which included design, construction, construction administration, and funds spent prior to construction (prefabricated restroom unit). The total project amount originally budgeted was $850,034, which included $376,978 for the construction contract and contingency with Sinclair General Engineering Construction, Inc.; and
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5/5/2026/ESD/PKambel 2 2026-
WHEREAS, the City’s “Change Order Approval Policy” enacted by Council Resolution No. 94-443 on July 19, 1994, updated by Resolution No. 2019-326 on July 9, 2019, and revised a second time on September 12, 2023 by Resolution 2023-405, established a contract change order authority of 10% ($34,271) for construction contracts up to $10,000,000; and
WHEREAS, there were five (5) change orders resulting in an overall increase of $30,466 for change order work as listed on the change order log; and WHEREAS, by accepting this project as complete, the City officially accepts the improvements made and authorizes the Notice of Completion to be filed.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Modesto that the Tuolumne River Regional Park (TRRP) Picnic Area B Renovation Project as complete, releasing securities, releasing payments totaling $373,173 to Sinclair General Engineering Construction, Inc. of Oakdale, CA, and authorizing the City Clerk to file a Notice of Completion.
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5/5/2026/ESD/PKambel 3 2026-
The foregoing resolution was introduced at a regular meeting of the Council of the City of Modesto held on the 5th day of May, 2026, by Councilmember ?, who moved its adoption, which motion being duly seconded by Councilmember ?, was upon roll call carried and the resolution adopted by the following vote:
AYES: Councilmembers:
NOES: Councilmembers:
ABSENT: Councilmembers:
ATTEST: ____________________________
DIANE NAYARES-PEREZ, CMC,
City Clerk
(SEAL)
APPROVED AS TO FORM:
BY: ______________________________________
JOSE M. SANCHEZ, City Attorney
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CHANGE
ORDER
NO. DESCRIPTION EXECUTED AMOUNT
CAUSE
UNFORSEEN
CONDITIONS
DESIGN
ISSUE
ADDED
SCOPE
CONTRACT CHANGE ORDER LOG
Date: August 07, 2025
TIME
EXT. Approved
2025/07 - Tuolumne River Regional Park Picnic Area B and Restroom Replacement AUC - CA 101478 Staff Time | KRAZAN
PROJECT NUMBER AND NAME:
01 Additional Demolition of Tables, Benches, Railroad Ties and Electrical Outlets And 2 Addiitional Working Days
04/17/25 $12,669.72 2 W.D. No No Yes Yes
02 Verification of Irrigation Water Supply and Pipe Size 04/17/25 $1,533.47 1 W.D. No Yes No Yes 03 Curb Along Playground 04/17/25 $1,804.00 0 W.D. No Yes No Yes 04 Site Not Balanced, Import Required 05/22/25 $13,262.90 0 W.D. No Yes No Yes 05 Additional Irrigation 08/07/25 $1,194.94 0 W.D. No No Yes Yes Total Change Orders Processed To Date: $30,465.03
Original Contract Amount: $342,706.84
IDA To: $34,271.00
Total Working Days Time Extension: 3
Original Director's CCO Authority: $34,271.00
IDA Date: 12/1/2024
Total Executed Change Orders To Date: $30,465.03
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CHANGE
ORDER
NO. DESCRIPTION EXECUTED AMOUNT
CAUSE
UNFORSEEN
CONDITIONS
DESIGN
ISSUE
ADDED
SCOPE
CONTRACT CHANGE ORDER LOG
Date: August 07, 2025
TIME
EXT. Approved
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MODESTO
Capital Project In Beneficial Use/Substantial Completion Notice ThisnoticemustbesubmittedtotheFinanceDepartmentwhen a capitalprojecthasreachedsubstantialcompletion,is in beneficial use or has entered the warranty period to meet financial reporting guidelines of depreciation.
Project #: 101478 Fund: 6720 Cost Center: 89999
Contact: Pete Kambel Ext: 75444
When the Project was Created was it Non-Capital or Capital: X Non-Capital Capital Project in Oracle: TRRP B Improvements
Project Description:
(What new infrastructure
was built/created)
Project In Use/Completion Date or Council Acceptance Date: Accepted May 5, 2026 Warranty Period X Yes No
Project expenses include (Check one):
If yes, Project Warranty End Date: May 5, 2027
Non-Capital Capital X Capital and Non-Capital*
If expenses are mixed - Amount of total expenses to be recorded as Capital, either dollar amount or percentage:
377,733
* IQproject expenses include Capital and Non-Capital, an Itemized list o/New Assets and Costs which make up the amount/percentage listed above must be provided with this form Authorization Signatures to Begin Depreciation of Project Expense Project Manager:
Financial Analyst(Budget): Directorof Finance: Financial Analyst (Assets):
Latest Revision
Date:
Date:
Date:
01-FEB-2025
Capital Expenses: Installation of new picnic area furnishings and concrete. Non-Capital Expenses: Slurry Seal of Parking Lot. All other expenses for this project accounted for with Oracle number 101432. Total Cap Asset is $387,733 (the remaining $10,000 in project 101432).
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MODESTO
Capital Project In Beneficial Use/Substantial Completion Notice ThisnoticemustbesubmittedtotheFinanceDepartmentwhen a capitalprojecthasreachedsubstantialcompletion,is in beneficial use or has entered the warranty period to meet financial reporting guidelines of depreciation.
Project #: 101432 Fund: 6710 Cost Center: 89998
Contact: Pete Kambel Ext: 75444
When the Project was Created was it Non-Capital or Capital: Non-Capital X Capital Project in Oracle: TRRP B – Picnic and Restrooms
Project Description:
(What new infrastructure
was built/created)
Project In Use/Completion Date or Council Acceptance Date: Accepted May 5, 2026 Warranty Period X Yes No
Project expenses include (Check one):
If yes, Project Warranty End Date: May 5, 2027
Non-Capital Capital X Capital and Non-Capital*
If expenses are mixed - Amount of total expenses to be recorded as Capital, either dollar amount or percentage:
$10,000
* IQproject expenses include Capital and Non-Capital, an Itemized list o/New Assets and Costs which make up the amount/percentage listed above must be provided with this form Authorization Signatures to Begin Depreciation of Project Expense Project Manager:
Financial Analyst(Budget): Directorof Finance: Financial Analyst (Assets):
Latest Revision
Date:
Date:
Date:
01-FEB-2025
ARRPA Funding for demolition and future bathroom building (not accounted for on this form) to be placed on site. All additional funding from this Project number supplements Project 101478, which is capitalized for new park furnishings and concrete. Total Cap Asset is $387,733 (the remaining $377,733 in project 101478).
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CITY OF MODESTO
CONSTRUCTION ADMINISTRATION OFFICE
MEMORANDUM
Date: February 4, 2026
To: Joseph Lopez, City Manager
From: Peter Kambel, Senior Civil Engineer
RE: 2025-07 TRRP Picnic Area B Renovations (101432, 101478) Subject: Construction Contract Retention
Recommended Action
Authorize releasing the construction contract retention of 5%.
Background
Sinclair General Engineering Construction, Inc. completed their contractual work in June 2025.
Due to staff-initiated change orders, and issues reconciling the financial documents, the project closeout has been delayed.
Reason for Recommendation
When the City Council awards a construction contract for a capital improvement project, the specifications require the City to make monthly progress payments of no more than ninety-five percent (95%) of the amount due and payable until thirty-five (35) days after recording the Notice of Completion. This means the City retains five percent (5%) of the contract amount until thirty-five (35) days after the Council accepts the project as complete.
Staff believes that releasing the retention on this construction project is warranted. Public Contract Code Section 7107 requires the City to release retention within 60 days of certain events. One such event is when work on the project has ceased for more than 100 days for reasons beyond the contractor’s control.
Reviewed By: ________________________________________
Peter Kambel, Senior Civil Engineer
Reviewed By: ________________________________________
Toby Wells, Director of Engineering Services/City Engineer Reviewed By: ________________________________________
Joseph Lopez, City Manager
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Requested by
City of Modesto/City Clerk’s Office
Return to City of Modesto/City Clerk’s Office:
PO Box 642
Modesto CA 95353
NOTICE OF COMPLETION
NOTICE IS HEREBY GIVEN that on December 10, 2024, the City of Modesto, PO Box 642, Modesto, California 95353, a Municipal Corporation in the County of Stanislaus, State of California, awarded the contract to Sinclair General Engineering Construction, Inc. of Oakdale, CA for the project titled “Tuolumne River Regional Park (TRRP) Picnic Area B Renovation” located the corner of Legion Park Drive and Tioga Drive. On May 23, 2025, said contract, as a whole, was completed by Sinclair General Engineering Construction, Inc., and accepted by the Council of the City of Modesto at a regular meeting of the Council held on May 5, 2026.
CITY OF MODESTO
By
Diane Nayares-Perez, City Clerk
I certify under penalty of perjury that the foregoing is true and correct.
Date: By
Modesto, CA Diane Nayares-Perez, City Clerk
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CITY OF MODESTO
COUNCIL AGENDA REPORT
DATE OF MEETING:
May 5, 2026
Date: April 15, 2026
TO: Mayor and City Council
THROUGH: Joseph P. Lopez, City Manager
FROM: Toby Wells, Director of Engineering Services Department / City Engineer SUBJECT: Accept the Bret Harte Neighborhood Strengthen & Replace Water Mains Phase 1B Project
CONTACT: Peter Kambel, Senior Civil Engineer, [email protected], 209-577-5444
DESCRIPTION:
Consider accepting the Bret Harte Neighborhood Strengthen & Replace Water Mains Phase 1B Project as complete, releasing securities, releasing payments totaling $1,966,083 to Mid Cal Pipeline & Utilities, Inc., of Merced, CA, and authorizing the City Clerk to file a Notice of Completion. (Funding Source: Water Fund) STRATEGIC PLAN ELEMENT:
The recommended action supports the City’s 2025-26 Strategic Plan Initiatives, Goal D:
Provide safe, efficient, and reliable infrastructure through proactive community investment, maintenance, and sustainability efforts.
BACKGROUND:
The previous water mains in the Bret Harte Neighborhood were aging, undersized steel mains which are prone to leaking and low pressures.
The Bret Harte Neighborhood Strengthen & Replace Water Mains Phase 1B Project replaced approximately 3,720 linear feet of existing water mains on Butte Avenue from Seattle Street to Crows Landing Road, on Seattle Street from Butte Avenue to Glenn Avenue, and on Glenn Avenue from Dallas Street to Crows Landing Road.
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City Council, May 5, 2026
Accept the Bret Harte Neighborhood Strengthen & Replace Water Mains Phase 1B Project
DISCUSSION:
The work for this project was advertised for bids on October 18, 2024. Bids were publicly opened on November 19, 2024, and Mid Cal Pipeline & Utilities, Inc., of Merced, CA, was the lowest responsive bidder at 23.22% below the engineers estimate.
On January 28, 2025, by Resolution 2025-043, Council awarded a contract to Mid Cal Pipeline & Utilities, Inc., in the amount of $1,731,369. The Contractor received the Notice to Proceed with a start date of April 7, 2025. All contract work was completed on January 5, 2026.
By accepting this project as complete, the City officially accepts the improvements made and authorizes the Notice of Completion to be filed. The City Clerk is authorized to complete all the necessary steps to file a Notice of Completion with the County Recorder, release securities, and authorize payments totaling $1,966,083. The work is covered by a one-year warranty for any issues that may arise.
Staff recommends the project for acceptance as the contractor has complied with all contract requirements for the project.
FISCAL IMPACT:
The total project costs were $2,169,272, which included design, engineering support during construction (Siegfried), city forces, construction, and construction administration costs. The total project amount originally budgeted was $2,316,992 which included $1,991,075 for the construction contract and contingency with Mid Cal Pipeline & Utilities, Inc.
The City’s “Change Order Approval Policy” enacted by Council Resolution No. 94-443 on July 19, 1994, updated by Resolution No. 2019-326 on July 9, 2019, and revised a second time September 12, 2023, by Resolution 2023-405 established a contract change order authority of 10% for construction contracts of this value. However, after reviewing the plans and specifications, and given the nature of this project where unforeseen conditions may exist when dealing with existing construction, and other unaccounted for issues may arise, Staff requested and was granted an increase to 15% ($259,706) of the Construction Contract.
There were eleven (11) change orders resulting in an overall increase of $234,714 for change order work as listed on the attached change order log. A summary of the expenditures for the overall project is listed below.
101450 – Bret Harte S&R Water Mains
PROJECT EXPENDITURES:
Construction Contract % of contract $1,731,369
Construction Contingency (Change Orders) 13.56% $234,714 Construction Administration – City Staff Support 6.99% $120,940 #7..
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City Council, May 5, 2026
Accept the Bret Harte Neighborhood Strengthen & Replace Water Mains Phase 1B Project
Engineering Design/Admin. – City Staff Support/Misc. 3.59% $62,182 City Forces 0.40% $6,875
Engineering Support during Construction (Siegfried) 0.76% $13,192 TOTAL CONSTRUCTION EXPENDITURES: $2,169,272
COMMITTEE RECOMMENDATION:
This project was presented to the Finance Committee on December 16, 2024 and was recommended to forward to Council for approval.
CEQA/NEPA REQUIREMENTS:
Environmental review has been provided through a Categorical Exemption under CEQA Section 15301, Class 1(b)(c); 15303 (d).
RECOMMENDED COUNCIL ACTION:
Staff Recommendations:
Resolution accepting the Bret Harte Neighborhood Strengthen & Replace Water Mains Phase 1B Project as complete, releasing securities, releasing payments totaling $1,966,083 to Mid Cal Pipeline & Utilities, Inc., of Merced, CA, and authorizing the City Clerk to file a Notice of Completion.
Approved by:
_____________________________________
Toby Wells, Director of Engineering Services/
City Engineer
_____________________________________
Joseph P. Lopez, City Manager
Attachments:
1. Resolution
2. Contract Change Order Log
3. Project (101450) Suspension Form
4. Notice of Completion
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5/5/2026/ESD/PKambel 1 2026-
MODESTO CITY COUNCIL
RESOLUTION NO. 2026-XX
RESOLUTION ACCEPTING BRET HARTE NEIGHBORHOOD STRENGTHEN & REPLACE WATER MAINS PHASE 1B PROJECT AS COMPLETE,
RELEASING SECURITIES, RELEASING PAYMENTS TOTALING $1,966,083 TO MID CAL PIPELINE & UTILITIES, INC., OF MERCED, CA, AND
AUTHORIZING THE CITY CLERK TO FILE A NOTICE OF COMPLETION WHEREAS, the previous water mains in the Bret Harte Neighborhood were aging, undersized steel mains which are prone to leaking and low pressures; and
WHEREAS, the Bret Harte Neighborhood Strengthen & Replace Water Mains Phase 1B Project replaced approximately 3,720 linear feet of existing water mains on Butte Avenue from Seattle Street to Crows Landing Road, on Seattle Street from Butte Avenue to Glenn Avenue, and on Glenn Avenue from Dallas Street to Crows Landing Road; and
WHEREAS, the project was advertised for bids on October 18, 2024; and WHEREAS, bids were publicly opened on November 19, 2024, and Mid Cal Pipeline & Utilities, Inc., of Merced, CA, was the lowest responsive bidder at
23.22% below the engineers estimate; and
WHEREAS, on January 28, 2025, by Resolution 2025-043, Council awarded a contract to Mid Cal Pipeline & Utilities, Inc., in the amount of $1,731,369; and
WHEREAS, the Contractor received the Notice to Proceed with a start date of April 7, 2025. All contract work was completed on January 5, 2026; and WHEREAS, the total project costs $2,169,272, which included design, engineering support during construction (Siegfried), city forces, construction, and #7..
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5/5/2026/ESD/PKambel 2 2026-
construction administration costs. The total project amount originally budgeted was $2,316,992 which included $1,991,075 for the construction contract and contingency with Mid Cal Pipeline & Utilities, Inc; and WHEREAS, the City’s “Change Order Approval Policy” enacted by Council Resolution No. 94-443 on July 19, 1994, updated by Resolution No. 2019-326 on July 9, 2019, and revised a second time September 12, 2023, by Resolution 2023-405 established a contract change order authority of 10% for construction contracts of this value. However, after reviewing the plans and specifications, and given the nature of this project where unforeseen conditions may exist when dealing with existing construction, and other unaccounted for issues may arise, Staff requested and was granted an increase to 15% ($259,706) of the Construction Contract; and
WHEREAS, there were eleven (11) change orders resulting in an overall increase of $234,714 for change order work as listed on the attached change order log; and
WHEREAS, by accepting this project as complete, the City officially accepts the improvements made and authorizes the Notice of Completion to be filed.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Modesto that the Bret Harte Neighborhood Strengthen & Replace Water Mains Phase 1B Project as complete, releasing securities, releasing payments totaling $1,966,083 to Mid Cal Pipeline & Utilities, Inc., of Merced, CA, and authorizing the City Clerk to file a Notice of Completion.
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5/5/2026/ESD/PKambel 3 2026-
The foregoing resolution was introduced at a regular meeting of the Council of the City of Modesto held on the 5th day of May, 2026, by Councilmember ?, who moved its adoption, which motion being duly seconded by Councilmember ?, was upon roll call carried and the resolution adopted by the following vote:
AYES: Councilmembers:
NOES: Councilmembers:
ABSENT: Councilmembers:
ATTEST: ____________________________
DIANE NAYARES-PEREZ, CMC,
City Clerk
(SEAL)
APPROVED AS TO FORM:
BY: ______________________________________
JOSE M. SANCHEZ, City Attorney
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CHANGE
ORDER
NO. DESCRIPTION EXECUTED AMOUNT
CAUSE
UNFORSEEN
CONDITIONS
DESIGN
ISSUE
ADDED
SCOPE
CONTRACT CHANGE ORDER LOG
Date: March 04, 2026
TIME
EXT. Approved
2025/01 - Bret Harte Neighborhood S&R Water Mains - Phase 1 (101450) TERRACON PROJECT NUMBER AND NAME:
01 Extend 8 Inch Water Main into Lateral at Station
33+29.27 and 7 Additional Working Days
07/03/25 $36,271.77 7 W.D. No Yes No Yes
02 3 Added 8 Inch Valves Seattle/Colusa Intersetion and 2 Additional Working Days
07/23/25 $13,615.31 2 W.D. No No Yes Yes
03 TID Irrigation Line Repair and 5 Additoinal Working Days 07/23/25 $15,656.96 5 W.D. No Yes No Yes 04 Butte Services from Meter Box to Residences. 01/07/26 $33,315.00 10 W.D. No No Yes Yes 05 Tapping Sleeve & 12 Gate Valve 01/07/26 $4,061.56 0 W.D. No Yes No Yes 06 Full Width Slurry Seal on Glenn Ave and Seattle St. with Addiitonal Striping
01/07/26 $61,740.11 0 W.D. No No Yes Yes
07 Additional Asphalt 01/07/26 $65,348.60 0 W.D. No No Yes Yes 08 Butte Service Adjustment, Traffic Rated Lids 01/07/26 $1,309.00 0 W.D. No No Yes Yes 09 Re-Route Water Line Service At 1756 Seattle 01/20/26 $6,575.67 0 W.D. No No Yes Yes 10 Median Island CDF Backfill 01/20/26 $4,619.24 0 W.D. No No Yes Yes 11 Balancing Change Order 02/09/26 -$7,800.00 0 W.D. No No No Yes Total Change Orders Processed To Date: $234,713.22
Original Contract Amount: $1,731,369.00
IDA To: $259,706.00
Total Working Days Time Extension: 24
Original Director's CCO Authority: $259,706.00
IDA Date: 1/28/2025
Total Executed Change Orders To Date: $234,713.22
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CHANGE
ORDER
NO. DESCRIPTION EXECUTED AMOUNT
CAUSE
UNFORSEEN
CONDITIONS
DESIGN
ISSUE
ADDED
SCOPE
CONTRACT CHANGE ORDER LOG
Date: March 04, 2026
TIME
EXT. Approved
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MODESTO
Capital Project In Beneficial Use/Substantial Completion Notice ThisnoticemustbesubmittedtotheFinanceDepartmentwhen a capitalprojecthasreachedsubstantialcompletion,is in beneficial use or has entered the warranty period to meet financial reporting guidelines of depreciation.
Project #: 101450 Fund: 4180 Cost Center: 49999
Contact: Pete Kambel Ext: 75444
When the Project was Created was it Non-Capital or Capital: Non-Capital X Capital Project in Oracle: Bret Harte S&R Water Mains
Project Description:
(What new infrastructure
was built/created)
Project In Use/Completion Date or Council Acceptance Date: Accepted May 5, 2026 Warranty Period X Yes No
Project expenses include (Check one):
If yes, Project Warranty End Date: May 5, 2027
Non-Capital X Capital Capital and Non-Capital*
If expenses are mixed - Amount of total expenses to be recorded as Capital, either dollar amount or percentage:
* IQproject expenses include Capital and Non-Capital, an Itemized list o/New Assets and Costs which make up the amount/percentage listed above must be provided with this form Authorization Signatures to Begin Depreciation of Project Expense Project Manager:
Financial Analyst(Budget): Directorof Finance: Financial Analyst (Assets):
Latest Revision
Date:
Date:
Date:
01-FEB-2025
Installation of approximately 3,720 linear feet of
water mains.
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Requested by
City of Modesto/City Clerk’s Office
Return to City of Modesto/City Clerk’s Office:
PO Box 642
Modesto CA 95353
NOTICE OF COMPLETION
NOTICE IS HEREBY GIVEN that on January 28, 2025, the City of Modesto, PO Box 642, Modesto, California 95353, a Municipal Corporation in the County of Stanislaus, State of California, awarded the contract to Mid Cal Pipeline & Utilities, Inc., of Merced, CA for the project titled “Bret Harte Neighborhood Strengthen & Replace Water Mains Phase 1B” located on Butte Avenue from Seattle Street to Crows Landing Road, on Seattle Street from Butte Avenue to Glenn Avenue, and on Glenn Avenue from Dallas Street to Crows Landing Road. On January 5, 2026, said contract, as a whole, was completed by Mid Cal Pipeline & Utilities, Inc., and accepted by the Council of the City of Modesto at a regular meeting of the Council held on May 5, 2026.
CITY OF MODESTO
By
Diane Nayares-Perez, City Clerk
I certify under penalty of perjury that the foregoing is true and correct.
Date: By
Modesto, CA Diane Nayares-Perez, City Clerk
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CITY OF MODESTO
COUNCIL AGENDA REPORT
DATE OF MEETING:
May 5, 2026
Date: April 15, 2026
TO: Mayor and City Council
THROUGH: Joseph P. Lopez, City Manager
FROM: Toby Wells, Director of Engineering Services Department / City Engineer SUBJECT: Accept the J.M. Pike Park Stormwater to Sanitary Sewer Cross Connection Removal and Water Main Project
CONTACT: Peter Kambel, Senior Civil Engineer, [email protected], 209-577-5444
DESCRIPTION:
Consider accepting the J.M. Pike Park Stormwater to Sanitary Sewer Cross Connection Removal and Water Main Project as complete, releasing securities, releasing payments totaling $33,768,501 to Mozingo Construction, Inc. of Oakdale, CA, and authorizing the City Clerk to file a Notice of Completion. (Funding Source: Wastewater and Water Funds) STRATEGIC PLAN ELEMENT:
The recommended action supports the City’s 2025-26 Strategic Plan Area Initiatives, Goal D: Provide safe, efficient, and reliable infrastructure through proactive community investment, maintenance, and sustainability efforts.
BACKGROUND:
The Area 2 Storm Drain to Sanitary Sewer Cross Connections Removal Final Preliminary Design Report identified a four phase approach for the removal of cross connections in the project area. The J.M. Pike Park Stormwater to Sanitary Sewer Cross Connection Removal and Water Main Project was the third phase.
The J.M. Pike Park Project strengthened and replaced the water infrastructure in the area by removing and replacing aged and undersized water systems which were prone to frequent maintenance issues such as low pressures, leaks, and street flooding among others. New mains and fire hydrants have been relocated to the streets for easier maintenance.
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City Council, May 5, 2026
Accept the J.M. Pike Park Stormwater to Sanitary Sewer
Cross Connection Removal and Water Main Project
DISCUSSION:
The work for this project was advertised for bids on July 25, 2023. Bids were publicly opened on September 12, 2023, and Mozingo Construction, Inc. of Oakdale, CA, was determined to be the responsible bidder with the lowest bid at 2.51% below the engineer’s estimate.
On October 24, 2023, by Resolution 2023-477, Council awarded a contract to Mozingo Construction, Inc., in the amount of $30,773,449. The Contractor received the Notice to Proceed with a start date of January 22, 2024. All contract work was completed on June 6, 2025.
By accepting this project as complete, the City officially accepts the improvements made and authorizes the Notice of Completion to be filed. The City Clerk is authorized to complete all the necessary steps to file Notice of Completion with the County Recorder, release securities, and authorize payments totaling $33,768,501. The work is covered by a one-year warranty for any issues that may arise.
Due to delays in final quantity and As-built approval, change order processing, and monument preservation, the administrative closure of this project was delayed. As such, the Construction Administration and the City Manager’s Office authorized the full release of retention on October 8, 2025, to 2.5% per the attached memorandum.
Staff recommends the project for acceptance as the contractor has complied with all contract requirements for the project.
FISCAL IMPACT:
The total project costs were $39,544,079, which included design, construction, construction administration, and city construction forces. The total project amount originally budgeted was $42,130,105, which included $33,850,794 for the construction contract and contingency with Mozingo Construction, Inc.
The City’s “Change Order Approval Policy” enacted by Council Resolution No. 94-443 on July 19, 1994, updated by Resolution No. 2019-326 on July 9, 2019, and revised a second time September 12, 2023, by Resolution 2023-405 established a contract change order authority of 8% for construction contracts of this dollar value. However, Staff requested the Directors Authority be increased to 10% ($3,077,345) of the construction contract to account for the probable issues that arise from this type of project.
There were forty-six (46) change orders resulting in an overall increase of $2,995,052 for change order work as listed on the attached change order log. A summary of the expenditures for the overall project is listed below.
101313 – JM Pike Park CC Removal (Wastewater Fund)
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City Council, May 5, 2026
Accept the J.M. Pike Park Stormwater to Sanitary Sewer
Cross Connection Removal and Water Main Project
100851 – Pike Park Neighborhood S&R (Water Fund)
PROJECT EXPENDITURES:
Construction Contract % of Contract $30,773,449
Construction Contingency (Change Orders) 9.73% $2,995,052 Construction Administration – City Staff Support 11.05% $3,399,878 Engineering Design/Admin. – City Staff Support/Misc. 7.42% $2,282,866 City Construction Forces 0.30% $92,834
TOTAL CONSTRUCTION EXPENDITURES: $39,544,079
COMMITTEE RECOMMENDATION:
On September 4, 2019, the Economic Development Committee recommended forwarding the item to Council for approval. The delay between the Project Update to Committee and the award of the Construction Contract was associated with the necessary grant funding process for this project.
CEQA/NEPA REQUIREMENTS:
The Area 2 Storm Drain Cross Connections Removal Project is discussed in the 2007 Wastewater Master Plan Environmental Impact Report. On March 13, 2007, by Resolution No. 2007-178, Council certified the Final Master Environmental Impact Report (EIR) for the City of Modesto (SCH# 2006052076) in accordance with the California Environmental Quality Act (CEQA).
An initial CEQA Study/Finding of Conformance, EA/UTL No. 2020-09 was completed for the Project, and it was determined the Project complies with the Negative Declaration in the Master Plan Environmental Impact Report. The study provided substantial evidence to support the required findings, and to adopt the Finding of Conformance for the proposed project. Council approved these findings per Resolution No. 2022-18 on June 14, 2022.
RECOMMENDED COUNCIL ACTION:
Staff Recommendations:
Resolution accepting the J.M. Pike Park Stormwater to Sanitary Sewer Cross Connection Removal and Water Main Project as complete, releasing securities, releasing payments totaling $33,768,501 to Mozingo Construction, Inc. of Oakdale, CA, and authorizing the City Clerk to file a Notice of Completion. #8..
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City Council, May 5, 2026
Accept the J.M. Pike Park Stormwater to Sanitary Sewer
Cross Connection Removal and Water Main Project
Approved by:
_____________________________________
Toby Wells, Director of Engineering Services/
City Engineer
_____________________________________
Joseph P. Lopez, City Manager
Attachments:
1. Resolution
2. Contract Change Order Log
3. Project (101313) Suspension Form
4. Project (101851) Suspension Form
5. Retention Release Memorandum
6. Notice of Completion
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4/28/2026/ESD/PKambel 1 2026-
MODESTO CITY COUNCIL
RESOLUTION NO. 2026-XX
RESOLUTION ACCEPTING THE J.M. PIKE PARK STORMWATER TO
SANITARY SEWER CROSS CONNECTION REMOVAL AND WATER MAIN
PROJECT AS COMPLETE, RELEASING SECURITIES, RELEASING
PAYMENTS TOTALING $33,768,501 TO MOZINGO CONSTRUCTION, INC.
OF OAKDALE, CA, AND AUTHORIZING THE CITY CLERK TO FILE A
NOTICE OF COMPLETION
WHEREAS, the Area 2 Storm Drain to Sanitary Sewer Cross Connections Removal Final Preliminary Design Report identified at four phase approach for the removal of cross connections in the project area. The J.M. Pike Park Stormwater to Sanitary Sewer Cross Connection Removal and Water Main Project was the third phase; and
WHEREAS, J.M. Pike Park Project strengthened and replaced the water infrastructure in the area by removing and replacing aged and undersized water systems which were prone to frequent maintenance issues such as low pressures, leaks, and street flooding among others. New mains and fire hydrants have been relocated to the streets for easier maintenance; and WHEREAS, the project was advertised for bids on July 25, 2023; and WHEREAS, bids were publicly opened on September 12, 2023, and Mozingo Construction, Inc. of Oakdale, CA, was determined to be the responsible bidder with the lowest bid at 2.51% below the engineer’s estimate; and
WHEREAS, on October 24, 2023, by Resolution 2023-477, Council awarded a contract to Mozingo Construction, Inc., in the amount of $30,773,449; and
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4/28/2026/ESD/PKambel 2 2026-
WHEREAS,. the Contractor received the Notice to Proceed with a start date of January 22, 2024. All contract work was completed on June 6, 2025; and WHEREAS, the total project costs were $39,544,079, which included design, construction, construction administration, and city construction forces. The total project amount originally budgeted was $42,130,105, which included $33,850,794 for the construction contract and contingency with Mozingo Construction, Inc; and
WHEREAS, the City’s “Change Order Approval Policy” enacted by Council Resolution No. 94-443 on July 19, 1994, updated by Resolution No. 2019-326 on July 9, 2019, and revised a second time September 12, 2023 by Resolution 2023- 405 established a contract change order authority of 8% for construction contracts of this dollar value. However, Staff requested the Directors Authority be increased to 10% ($3,077,345) of the construction contract to account for the probable issues that arise from this type of project; and
WHEREAS, there were forty-six (46) change orders resulting in an overall increase of $2,995,052 for change order work as listed on the attached change order log; and
WHEREAS, by accepting this project as complete, the City officially accepts the improvements made and authorizes the Notice of Completion to be filed.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Modesto that the J.M. Pike Park Stormwater to Sanitary Sewer Cross Connection Removal and Water Main Project is complete, releasing securities, releasing #8..
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payments totaling $33,768,501 to Mozingo Construction, Inc. of Oakdale, CA, and authorizing the City Clerk to file a Notice of Completion.
The foregoing resolution was introduced at a regular meeting of the Council of the City of Modesto held on the 5th day of May, 2026, by Councilmember ?, who moved its adoption, which motion being duly seconded by Councilmember ?, was upon roll call carried and the resolution adopted by the following vote:
AYES: Councilmembers:
NOES: Councilmembers:
ABSENT: Councilmembers:
ATTEST: ____________________________
DIANE NAYARES-PEREZ, CMC,
City Clerk
(SEAL)
APPROVED AS TO FORM:
BY: ______________________________________
JOSE M. SANCHEZ, City Attorney
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CHANGE
ORDER
NO. DESCRIPTION EXECUTED AMOUNT
CAUSE
UNFORSEEN
CONDITIONS
DESIGN
ISSUE
ADDED
SCOPE
CONTRACT CHANGE ORDER LOG
Date: March 12, 2026
TIME
EXT. Approved
2023/18 - JM Pike Park Stormwater to Sanitary Sewer Cross Connection (101313) and Water Main (100851) West Yost PROJECT NUMBER AND NAME:
01 Additional Tree Removal (101313) 04/18/24 $22,656.80 0 W.D. No No Yes Yes 02 Added Trees at Park (101313 06/21/24 $27,462.88 0 W.D. No No Yes Yes 03 Concrete Demo at Park (101313) 06/21/24 $9,105.35 0 W.D. No No Yes Yes 04 House Connections (10085) 06/21/24 $8,738.10 0 W.D. No Yes No Yes 05 House Connections, Additional Parts for Homeowners
Water Service Conncetion.
07/31/24 $9,657.90 0 W.D. No Yes No Yes
06 House Connections - Additional Parts for Homewoners
Water Service.
09/23/24 $6,990.48 0 W.D. No Yes No Yes
07 Additional Parts for homeowners water service
connection.
09/23/24 $3,587.22 0 W.D. No No Yes Yes
08 Pot Holing Credit and Additions. 09/23/24 $828,668.00 0 W.D. No Yes No Yes 09 Kearney Water Offsets 10/22/24 $58,449.22 0 W.D. No Yes No Yes 10 Temporary Electrical at Park 10/22/24 $28,838.73 0 W.D. No Yes No Yes 11 RFI 038 Response DR14 Pipe 02/26/24 $6,708.00 0 W.D. No Yes No Yes 12 Added Rebar to Streetlight Bases Per City's Direction. 02/26/25 $3,777.90 0 W.D. No No No Yes 13 RFI 34 Slurry Backfill on Waterline 02/26/25 $3,545.24 0 W.D. No Yes No Yes 14 RFI 016 Streetlight Conflict at Fordha\m 02/26/25 $1,979.25 0 W.D. No Yes No Yes 15 Unknown/Unmarked Irrigation Pipe 02/26/25 $7,267.56 0 W.D. No Yes No Yes 16 Sewer Line in Park 02/26/25 $9,249.77 0 W.D. No Yes No Yes 17 Temporarily Raise Catch Basin 02/26/25 $45,000.00 0 W.D. No Yes No Yes 18 Pearl SD Conflict with SS 03/04/25 $150,000.00 0 W.D. No No Yes Yes 19 PP-SS1 Kearney SSMH Drop Connection 03/04/25 $2,569.80 0 W.D. No Yes No Yes 20 Tully and Cecil SD Conflict 03/03/25 $46,508.00 0 W.D. No Yes No Yes #8..
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CHANGE
ORDER
NO. DESCRIPTION EXECUTED AMOUNT
CAUSE
UNFORSEEN
CONDITIONS
DESIGN
ISSUE
ADDED
SCOPE
CONTRACT CHANGE ORDER LOG
Date: March 12, 2026
TIME
EXT. Approved
21 PP-S13 Unmarked Waterline 03/04/25 $4,912.65 0 W.D. No Yes No Yes 22 Del Vista Water Services 03/04/25 $110,520.00 0 W.D. No No Yes Yes 23 Additional CB Removals and Additions 03/04/25 $18,300.00 0 W.D. No No Yes Yes 24 RFI-33 Concrete BF Existing Trench Drain 03/04/25 $26,096.00 0 W.D. No No Yes Yes 25 RFI-44 PP-S04 Main Realignment 03/20/25 $64,281.27 0 W.D. No Yes No Yes 26 CCO #007E July 2024 - House Connections 03/20/25 $3,771.18 0 W.D. No No Yes Yes 27 PP-S03 Lateral Realignment 03/20/25 $49,963.00 0 W.D. No No Yes Yes 28 Kearney Oversized CB Removal 03/20/25 $2,500.00 0 W.D. No No Yes Yes 29 Swith SD Laterals to SDR26 03/26/25 $23,804.47 0 W.D. No Yes No Yes 30 Cut and Plug Existing Irrigation on Fordham 03/26/25 $8,969.28 0 W.D. No No Yes Yes 31 Tully and Coldwell Water Offset 04/18/25 $9,355.68 2 W.D. No Yes No Yes 32 PP-W17 Alley Sewer Conflicts 04/17/25 $26,240.00 0 W.D. No Yes No Yes 33 Fixed Bollard Credit 04/18/25 -$20,467.74 0 W.D. No No Yes Yes 34 RFI 37 Water Offset 04/18/25 $8,653.95 0 W.D. No Yes No Yes 35 PP S02 dig Under ATT Line at Tully 04/18/25 $9,469.78 0 W.D. No Yes No Yes 36 PP S05 Ductbank Conflict and Two Additoinal Working
Days
04/26/25 $78,153.00 2 W.D. No Yes No Yes
37 Additional Potholing - August 2024 8/22 to 11/30 06/03/25 $74,550.00 0 W.D. No Yes No Yes 38 PO59 Tully & Pearl Storm Drain Re-Alignment 06/03/25 $90,026.00 0 W.D. No Yes No Yes 39 PO39 Additional Water Boxes - RFI 56 06/03/25 $34,740.52 0 W.D. No No Yes Yes 40 PO53 City Waer Systen Tie In Assistance 06/03/25 $19,974.15 0 W.D. No No Yes Yes 41 RFI42 1304 Roseburg WS Connection and RFI43 1135
Tully WS
06/03/25 $10,461.00 0 W.D. No No Yes Yes
42 Quantitiy Adjustments for Fire, Rock Well, Storm & Sewer 07/03/25 $43,393.00 0 W.D. No Yes No Yes #8..
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CHANGE
ORDER
NO. DESCRIPTION EXECUTED AMOUNT
CAUSE
UNFORSEEN
CONDITIONS
DESIGN
ISSUE
ADDED
SCOPE
CONTRACT CHANGE ORDER LOG
Date: March 12, 2026
TIME
EXT. Approved
43 Final Quantitiy Adjustment Negotiations 07/03/25 $960,000.00 0 W.D. No Yes No Yes 44 Contract Time Extension due to Various Change Orders and Unforseen Conditions. 80 Days Additional Working
Days
08/06/25 $0.00 80 W.D. No Yes No Yes
45 PO82 - Additional Park Fence Rental and Remediation
Costs
09/22/25 $30,000.00 0 W.D. No No Yes Yes
46 Ababdonment of the Groundwater Monitoring Well IA13- MW5
01/20/26 $26,624.00 0 W.D. No No Yes Yes
Total Change Orders Processed To Date: $2,995,051.39
Original Contract Amount: $30,773,448.95
IDA To: $3,077,345.00
Total Working Days Time Extension: 84
Original Director's CCO Authority: $2,461,876.00
IDA Date: 10/24/2023
Total Executed Change Orders To Date: $2,995,051.39
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CHANGE
ORDER
NO. DESCRIPTION EXECUTED AMOUNT
CAUSE
UNFORSEEN
CONDITIONS
DESIGN
ISSUE
ADDED
SCOPE
CONTRACT CHANGE ORDER LOG
Date: March 12, 2026
TIME
EXT. Approved
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MODESTO
Capital Project In Beneficial Use/Substantial Completion Notice ThisnoticemustbesubmittedtotheFinanceDepartmentwhen a capitalprojecthasreachedsubstantialcompletion,is in beneficial use or has entered the warranty period to meet financial reporting guidelines of depreciation.
Project #: 100851 Fund: 4180 Cost Center: 49999
Contact: Pete Kambel Ext: 75444
When the Project was Created was it Non-Capital or Capital: Non-Capital X Capital Project in Oracle: Pike Park Neighborhood S & R
Project Description:
(What new infrastructure
was built/created)
Project In Use/Completion Date or Council Acceptance Date: Accepted May 5, 2026 Warranty Period X Yes No
Project expenses include (Check one):
If yes, Project Warranty End Date: May 5, 2027
Non-Capital X Capital Capital and Non-Capital*
If expenses are mixed - Amount of total expenses to be recorded as Capital, either dollar amount or percentage:
* IQproject expenses include Capital and Non-Capital, an Itemized list o/New Assets and Costs which make up the amount/percentage listed above must be provided with this form Authorization Signatures to Begin Depreciation of Project Expense Project Manager:
Financial Analyst(Budget): Directorof Finance: Financial Analyst (Assets):
Latest Revision
Date:
Date:
Date:
01-FEB-2025
Installation of approximately 10,566 linear feet of
storm drain, 22,893 linear feet of water mains, and
17,338 square feet of new concrete paving.
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MODESTO
Capital Project In Beneficial Use/Substantial Completion Notice ThisnoticemustbesubmittedtotheFinanceDepartmentwhen a capitalprojecthasreachedsubstantialcompletion,is in beneficial use or has entered the warranty period to meet financial reporting guidelines of depreciation.
Project #: 101313 Fund: 4280 Cost Center: 49999
Contact: Pete Kambel Ext: 75444
When the Project was Created was it Non-Capital or Capital: Non-Capital X Capital Project in Oracle: JM Pike Park CC Removal
Project Description:
(What new infrastructure
was built/created)
Project In Use/Completion Date or Council Acceptance Date: Accepted May 5, 2026 Warranty Period X Yes No
Project expenses include (Check one):
If yes, Project Warranty End Date: May 5, 2027
Non-Capital X Capital Capital and Non-Capital*
If expenses are mixed - Amount of total expenses to be recorded as Capital, either dollar amount or percentage:
* IQproject expenses include Capital and Non-Capital, an Itemized list o/New Assets and Costs which make up the amount/percentage listed above must be provided with this form Authorization Signatures to Begin Depreciation of Project Expense Project Manager:
Financial Analyst(Budget): Directorof Finance: Financial Analyst (Assets):
Latest Revision
Date:
Date:
Date:
01-FEB-2025
Installation of approximately 10,566 linear feet of
storm drain, 22,893 linear feet of water mains, and
17,338 square feet of new concrete paving.
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CITY OF MODESTO
CONSTRUCTION ADMINISTRATION OFFICE
MEMORANDUM
Date: October 8, 2025
To: Joseph Lopez, City Manager
From: Peter Kambel, Senior Civil Engineer
RE: 2023-18 JM Pike Park Stormwater to Sanitary Sewer Cross Connection (101313) and Water Main (100851) Project
Subject: Construction Contract Retention
Recommended Action
Authorize releasing the amount of construction contract retention from five percent (5%) to zero percent (0%).
Background
Mozingo Construction, Inc. started the project in January 2024 and competed the original scope of work in June 2025. The project closure and presentation to the Council for acceptance has been delayed due to a large number of change orders and completion of administrative closure is not estimated to be finalized until late November or early December. The Construction Administration Office has begun preparing the necessary documents for City Council acceptance. The change order process was recently completed and all construction documents have been received.
Reason for Recommendation
When the City Council awards a construction contract on a capital improvement project, the specifications require the City to make monthly progress payments at no more than ninety-five percent (95%) of the amount due and payable until thirty-five (35) days after recording the Notice of Completion. This results in the City retaining five percent (5%) of the contract amount until thirty-five (35) days after the Council accepts the project as complete.
Staff believes releasing the retention on this construction project is warranted. Public Contract Code section 7107 requires the City to release the retention within 60 days of certain events occurring. One of those events is work on the project ceasing for more than 100 days for reasons outside the contractor’s control.
Reviewed By: ________________________________________
Peter Kambel, Senior Civil Engineer
Reviewed By: ________________________________________
Toby Wells, Director of Engineering Services/City Engineer Reviewed By: ________________________________________
Joseph Lopez, City Manager
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Requested by
City of Modesto/City Clerk’s Office
Return to City of Modesto/City Clerk’s Office:
PO Box 642
Modesto CA 95353
NOTICE OF COMPLETION
NOTICE IS HEREBY GIVEN that on October 24, 2023, the City of Modesto, PO Box 642, Modesto, California 95353, a Municipal Corporation in the County of Stanislaus, State of California, awarded the contract to Mozingo Construction, Inc. of Oakdale, CA for the project titled “J.M. Pike Park Stormwater to Sanitary Sewer Cross Connection Removal and Water Main” located in and around the JM Pike Park Neighborhood. On June 6, 2025, said contract, as a whole, was completed by Sinclair General Engineering Construction, Inc., and accepted by the Council of the City of Modesto at a regular meeting of the Council held on April 28, 2026.
CITY OF MODESTO
By
Diane Nayares-Perez, City Clerk
I certify under penalty of perjury that the foregoing is true and correct.
Date: By
Modesto, CA Diane Nayares-Perez, City Clerk
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CITY OF MODESTO
COUNCIL AGENDA REPORT
DATE OF MEETING:
May 5, 2026
Date: April 15, 2026
TO: Mayor and City Council
THROUGH: Joseph P. Lopez, City Manager
FROM: Toby Wells, Director of Engineering Services/City Engineer SUBJECT: On-Call Agreements for Materials Testing and Special Inspection Services for Various Capital Improvement Projects
CONTACT: Peter Kambel, Senior Civil Engineer, [email protected], 209-577-5444
DESCRIPTION:
Consider approving three (3) On-Call Consultant Agreements for Materials Testing and Special Inspection Services with Krazan & Associates, Inc. of Fresno, CA; BSK Associates, of Fresno, CA; and Terracon Consultants, Inc., of Sacramento, CA, for a total amount not to exceed $497,500 over five (5) years per consultant. (Funding Source:
Various Capital Improvement Program Projects)
STRATEGIC PLAN ELEMENT:
The recommended action supports the City’s 2025-26 City of Modesto Strategic Plan Initiatives, Goal D: Provide safe, efficient, and reliable infrastructure through proactive community investment, maintenance, and sustainability efforts.
BACKGROUND:
During construction of City projects, on-call firms for materials testing and special inspections are needed to meet the City’s quality assurance requirements. On-Call services are performed by outside consultants because the City does not own and operate a certified facility capable of providing materials testing services, nor does staff have the required certifications to provide special inspection services. Retaining on-call agreements with consultants allows the Engineering Services Department to have timely access to certified material testers, labs, and special inspectors.
The current On-Call materials testing and special inspection agreements are with Krazan & Associates, Inc., BSK Associates, and Terracon Consultants, Inc. The existing #9..
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City Council, May 5, 2026
On-Call Agreements for Materials Testing and Special
Inspection Services for Various Capital Improvement Projects
agreements are set to expire in April 2026. The original Council approval occurred on April 11, 2023, under Resolutions 2023-183, 2023-184, and 2023-185.
DISCUSSION:
In accordance with Modesto Municipal Code 8-3.204(a), “Exceptions to Formal Bidding Requirements,” agreements for professional services are exempt from the formal bidding process and requirements if competitive quotations or proposals have been sought informally from at least three (3) qualified entities.
Furthermore, in accordance with Administrative Directive 3.1, Selection Procedures for Professional Consultants Who Provide Architectural & Engineering Services for Capital Projects, a Request for Qualification and Proposals (RFQ/RFP) was formally advertised through OpenGov on November 6, 2025 for On-Call Special Inspection and Materials Testing Services. Eleven firms submitted responses to the RFQ/RFP.
The City of Modesto’s six-member evaluation team reviewed ten firms for Special Inspection and Materials Testing services. One (1) application was deemed nonresponsive due to failure to submit a required exhibit. Evaluations were based on four (4) weighted criteria: firm experience (30%), team experience (30%), approach (20%), and deliverables (20%). Terracon Consultants received the highest overall ranking, followed closely by BSK Associates and Krazan & Associates. These firms performed consistently well across all categories, particularly in overall experience, staff qualifications, and the clarity and completeness of their deliverables. Overall, the evaluation favored firms with a strong local presence, experienced personnel, a clear understanding of on call service requirements, and well documented deliverables relevant to agency needs.
After careful review of the Statement of Qualifications & Proposals, staff determined that Krazan & Associates, Inc., BSK Associates, and Terracon Consultants, Inc., were the three (3) most qualified firms. Staff recommends that the City enter into on-call agreements with each firm for a three (3) year agreement with two (2) one-year extension options, for an annual amount not to exceed $99,500 per consultant, and a total amount not to exceed $497,500 over five years.
Each of the three (3) firms Krazan, BSK, and Terracon, will be assigned to a Capital Improvement Project before construction begins and will be utilized throughout the duration of the project. When services are required for a particular project, a specific scope of services is to be provided by the Consultant and shall be further defined and authorized by the City through the issuance of a project-specific Task Order. Each specific Task Order will require a written scope outlining the specific services to be provided by the Consultant, the schedule for completion, and the proposed compensation amount and payment methodology to perform the specified services. The City must authorize each Task Order in writing prior to commencement of services by the Consultant. The cumulative amount of all task orders for special inspection and materials testing services shall not exceed the approved agreement amount. #9..
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City Council, May 5, 2026
On-Call Agreements for Materials Testing and Special
Inspection Services for Various Capital Improvement Projects
FISCAL IMPACT:
Cost for materials testing and special inspection will be based on unit process and hourly rates agreed to in the contract. Costs will vary on a project-by-project basis and are billed respectively to each project. When construction projects are completed, staff includes these expenses with each staff report for project acceptance.
AGREEMENT EXPENDITURES OVER 5 YEARS
BSK Associates $186,915.00
Terracon Consultants
Krazan & Associates
$190,524.50
$251,155.20
TOTAL $628,594.70
The funding source for the on-call services will be through various Capital Improvement Program project budgets.
COMMITTEE RECOMMENDATION:
This item was considered by the Economic Development Committee on April 6, 2026, and was recommended to forward to Council for approval.
CEQA/NEPA REQUIREMENTS:
This item does not constitute a “project” within the meaning of the California Environmental Quality Act (CEQA) Guidelines Section 15378 and requires no environmental review.
RECOMMENDED COUNCIL ACTION:
Staff Recommendations:
Resolution approving On-Call Consultant Agreement for Materials Testing and Special Inspection Services with Krazan & Associates, Inc. of Fresno, CA; for a three (3) year agreement with two (2) one-year extension options, for an estimated annual amount not to exceed $99,500, and a total amount not to exceed $497,500 over five (5) years, and authorizing the City Manager or his designee to execute the agreement.
Resolution approving On-Call Consultant Agreement for Materials Testing and Special Inspection Services with BSK Associates, of Fresno, CA; for a three-year agreement with two one-year extension options, for an estimated annual amount not to exceed $99,500, and a total amount not to exceed $497,500 over five years and authorizing the City Manager or his designee to execute the agreement.
Resolution approving On-Call Consultant Agreement for Materials Testing and Special Inspection Services with Terracon Consultants, Inc., of Sacramento, CA, for a three-year agreement with two one-year extension options, for an estimated annual amount not to exceed $99,500, and a total amount not to exceed $497,500 over five years and authorizing the City Manager or his designee to execute the agreement. #9..
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City Council, May 5, 2026
On-Call Agreements for Materials Testing and Special
Inspection Services for Various Capital Improvement Projects
Approved by:
_____________________________________
Toby Wells, Director of Engineering Services/
City Engineer
_____________________________________
Joseph P. Lopez, City Manager
Attachments:
1. Resolution - Krazan & Associates, Inc.
2. Resolution - BSK Associates
3. Resolution -Terracon Consultants, Inc.
4. Agreement with Krazan & Associates, Inc.
5. Agreement with BSK Associates
6. Agreement with Terracon Consultants, Inc.
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5/5/2026/ESD/PKambel/Item? 1 2026-
MODESTO CITY COUNCIL
RESOLUTION NO. 2026-XX
RESOLUTION APPROVING ON-CALL CONSULTANT AGREEMENT FOR
MATERIALS TESTING AND SPECIAL INSPECTION SERVICES WITH
KRAZAN & ASSOCIATES, INC. OF FRESNO, CA; FOR A THREE (3) YEAR AGREEMENT WITH TWO (2) ONE-YEAR EXTENSION OPTIONS, FOR AN ESTIMATED ANNUAL AMOUNT NOT TO EXCEED $99,500, AND A TOTAL AMOUNT NOT TO EXCEED $497,500 OVER FIVE (5) YEARS, AND
AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO EXECUTE THE
AGREEMENT
WHEREAS, during construction, on-call firms for materials testing and special inspections are needed to meet the City’s quality assurance requirements; and
WHEREAS, on-call services are performed by outside consultants because the City does not own and operate a certified facility capable of providing materials testing services, nor does staff have the required certifications to provide special inspection services; and WHEREAS, retaining On-Call Agreements with consultants allows the Engineering Services Department to have timely access to certified material testers, labs, and special inspectors; and
WHEREAS, the current On-Call Materials Testing and Special Inspection Agreements are set to expire in April 2026; and
WHEREAS, in accordance with Modesto Municipal Code 8-3.204(a), “Exceptions to Formal Bidding Requirements,” agreements for professional services are exempt from the formal bidding process and requirement; and WHEREAS, furthermore, in accordance with Administrative Directive 3.1, Selection Procedures for Professional Consultants Who Provide Architectural & #9..
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5/5/2026/ESD/PKambel/Item? 2 2026-
Engineering Services for Capital Projects, a Request for Qualification and Proposals (RFQ/RFP) was formally advertised through OpenGov on November 6, 2025, for On-Call Special Inspection and Materials Testing Services, and eleven firms submitted responses to the RFQ/RFP; and
WHEREAS, after careful review of the Statement of Qualifications and Proposals, staff determined that Krazan & Associates, Inc., was one of three most qualified firms; and
WHEREAS, staff recommends that the City enter into an On-Call Agreement with Krazan and Associates, Inc. for a three-year agreement with two one-year extension options, for an annual amount not to exceed $99,500, and a total amount not to exceed $497,500 over five years.
NOW, THEREFORE BE IT RESOLVED by the Council of the City of Modesto that it hereby approves an On-call Agreement with Krazan & Associates, Inc., of Fresno, CA, for Materials Testing and Special Inspection Services, for a three-year agreement with two one-year extension options, for an estimated annual amount not to exceed $99,500, and a total amount not to exceed $497,500 over five years.
BE IT FURTHER RESOLVED that the City Manager, or his designee, is hereby authorized to execute the contract, in a form approved by the City Attorney.
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5/5/2026/ESD/PKambel/Item? 3 2026-
The foregoing resolution was introduced at a regular meeting of the Council of the City of Modesto held on the 5th day of May 2026, by Councilmember ?, who moved its adoption, which motion being duly seconded by Councilmember ?, was upon roll call carried and the resolution adopted by the following vote:
AYES: Councilmembers:
NOES: Councilmembers:
ABSENT: Councilmembers:
ATTEST:
DIANE NAYARES-PEREZ, CMC,
City Clerk
(SEAL)
APPROVED AS TO FORM:
BY: ____________________________________
JOSE M. SANCHEZ, City Attorney
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5/5/2026/ESD/PKambel/Item? 1 2026-
MODESTO CITY COUNCIL
RESOLUTION NO. 2026-XX
RESOLUTION APPROVING ON-CALL CONSULTANT AGREEMENT FOR
MATERIALS TESTING AND SPECIAL INSPECTION SERVICES WITH BSK ASSOCIATES, OF FRESNO, CA; FOR A THREE-YEAR AGREEMENT WITH
TWO ONE-YEAR EXTENSION OPTIONS, FOR AN ESTIMATED ANNUAL AMOUNT NOT TO EXCEED $99,500, AND A TOTAL AMOUNT NOT TO EXCEED $497,500 OVER FIVE YEARS AND AUTHORIZING THE CITY
MANAGER OR HIS DESIGNEE TO EXECUTE THE AGREEMENT
WHEREAS, during construction, on-call firms for materials testing and special inspections are needed to meet the City’s quality assurance requirements; and
WHEREAS, on-call services are performed by outside consultants because the City does not own and operate a certified facility capable of providing materials testing services, nor does staff have the required certifications to provide special inspection services; and WHEREAS, retaining On-Call Agreements with consultants allows the Engineering Services Department to have timely access to certified material testers, labs, and special inspectors; and
WHEREAS, the current On-Call Materials Testing and Special Inspection Agreements are set to expire in April 2026; and
WHEREAS, in accordance with Modesto Municipal Code 8-3.204(a), “Exceptions to Formal Bidding Requirements,” agreements for professional services are exempt from the formal bidding process and requirement; and WHEREAS, furthermore, in accordance with Administrative Directive 3.1, Selection Procedures for Professional Consultants Who Provide Architectural & Engineering Services for Capital Projects, a Request for Qualification and #9..
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5/5/2026/ESD/PKambel/Item? 2 2026-
Proposals (RFQ/RFP) was formally advertised through OpenGov on November 6, 2025 for On-Call Special Inspection and Materials Testing Services, and eleven firms submitted responses to the RFQ/RFP; and
WHEREAS, after careful review of the Statement of Qualifications-& Proposals, staff determined that BSK Associates was one of three most qualified firms; and
WHEREAS, staff recommends that the City enter into On-Call Agreements with BSK Associates, for a three-year agreement with two one-year extension options, for an annual amount not to exceed $99,500, and a total amount not to exceed $497,500 over five years.
NOW, THEREFORE BE IT RESOLVED by the Council of the City of Modesto that it hereby approves an On-call Agreement with BSK Associates, of Fresno, CA, for Materials Testing and Special Inspection Services, for a threeyear agreement with two one-year extension options, for an estimated annual amount not to exceed $99,500, and a total amount not to exceed $497,500 over five years.
BE IT FURTHER RESOLVED that the City Manager, or his designee, is hereby authorized to execute the contract, in a form approved by the City Attorney.
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5/5/2026/ESD/PKambel/Item? 3 2026-
The foregoing resolution was introduced at a regular meeting of the Council of the City of Modesto held on the 5th day of May 2026, by Councilmember ?, who moved its adoption, which motion being duly seconded by Councilmember ?, was upon roll call carried and the resolution adopted by the following vote:
AYES: Councilmembers:
NOES: Councilmembers:
ABSENT: Councilmembers:
ATTEST:
DIANE NAYARES-PEREZ, CMC,
City Clerk
(SEAL)
APPROVED AS TO FORM:
BY: ____________________________________
JOSE M. SANCHEZ, City Attorney
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5/5/2026/ESD/PKambel/Item? 1 2026-
MODESTO CITY COUNCIL
RESOLUTION NO. 2026-XX
RESOLUTION APPROVING ON-CALL CONSULTANT AGREEMENT FOR
MATERIALS TESTING AND SPECIAL INSPECTION SERVICES WITH
TERRACON CONSULTANTS, INC., OF SACRAMENTO, CA, FOR A THREEYEAR AGREEMENT WITH TWO ONE-YEAR EXTENSION OPTIONS, FOR AN ESTIMATED ANNUAL AMOUNT NOT TO EXCEED $99,500, AND A TOTAL AMOUNT NOT TO EXCEED $497,500 OVER FIVE YEARS AND
AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO EXECUTE THE
AGREEMENT
WHEREAS, during construction, on-call firms for materials testing and special inspections are needed to meet the City’s quality assurance requirements; and
WHEREAS, on-call services are performed by outside consultants because the City does not own and operate a certified facility capable of providing materials testing services, nor does staff have the required certifications to provide special inspection services; and WHEREAS, retaining on-call Agreements with consultants allows the Engineering Services Department to have timely access to certified material testers, labs, and special inspectors; and
WHEREAS, the current On-Call Materials Testing and Special Inspection Agreements are set to expire in April 2026; and
WHEREAS, in accordance with Modesto Municipal Code 8-3.204(a), “Exceptions to Formal Bidding Requirements,” agreements for professional services are exempt from the formal bidding process and requirement; and WHEREAS, furthermore, in accordance with Administrative Directive 3.1, Selection Procedures for Professional Consultants Who Provide Architectural & #9..
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5/5/2026/ESD/PKambel/Item? 2 2026-
Engineering Services for Capital Projects, a Request for Qualification and Proposals (RFQ/RFP) was formally advertised through OpenGov on November 6, 2025 for On-Call Special Inspection and Materials Testing Services, and eleven firms submitted responses to the RFQ/RFP; and
WHEREAS, after careful review of the Statement of Qualifications-& Proposals, staff determined that Terracon Consultants, Inc. was one of three most qualified firms; and
WHEREAS, staff recommends that the City enter into On-Call Agreements with Terracon Consultants, Inc., for a three-year agreement with two one-year extension options, for an annual amount not to exceed $99,500, and a total amount not to exceed $497,500 over five years.
NOW, THEREFORE BE IT RESOLVED by the Council of the City of Modesto that it hereby approves an On-call Agreement with Terracon Consultants, Inc., of Sacramento, CA, for Materials Testing and Special Inspection Services, for a three-year agreement with two one-year extension options, for an estimated annual amount not to exceed $99,500, and an estimated total amount not to exceed $497,500 over five years.
BE IT FURTHER RESOLVED that the City Manager, or his designee, is hereby authorized to execute the agreement, in a form approved by the City Attorney.
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5/5/2026/ESD/PKambel/Item? 3 2026-
The foregoing resolution was introduced at a regular meeting of the Council of the City of Modesto held on the 5th day of May 2026, by Councilmember ?, who moved its adoption, which motion being duly seconded by Councilmember ?, was upon roll call carried and the resolution adopted by the following vote:
AYES: Councilmembers:
NOES: Councilmembers:
ABSENT: Councilmembers:
ATTEST:
DIANE NAYARES-PEREZ, CMC,
City Clerk
(SEAL)
APPROVED AS TO FORM:
BY: ____________________________________
JOSE M. SANCHEZ, City Attorney
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1 STANDARD AGREEMENT
FOR CONSULTANT SERVICES
THIS AGREEMENT made and entered into in the City of Modesto, State of California, this ______ day of __________________, 20___, (“Effective Date”) by and between the CITY OF MODESTO, a municipal corporation of the State of California, hereinafter referred to as "CITY", and Krazan & Associates, Inc., a California Corporation, hereinafter referred to as "CONSULTANT".
This AGREEMENT is made with regard to the following recitals:
a. The CITY has determined that there a need for On-Call Materials Testing and Special Inspection Services for Various Capital Improvement Projects. 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. TERM OF AGREEMENT.
The term of the AGREEMENT shall be for a period of three (3) years, with two (2) one-year extension options at the sole discretion of CITY, for a total of up to five (5) years.
Year 1: April 28, 2026, through April 27, 2027
Year 2: April 28, 2027, through April 27, 2028
Year 3: April 28, 2028, through April 27, 2029
Year 4: April 28, 2029, through April 27, 2030
Year 5: April 28, 2030, through April 27, 2031
Pricing shall remain firm for the first three (3) years of the agreement.
Price increases for subsequent AGREEMENT years, four and five shall not exceed the Consumer Price Index (CPI) for West Urban Area in any one AGREEMENT year and shall be negotiated through the Purchasing Division. Requests for price increases shall be submitted by CONSULTANT in writing, ninety (90) days prior to the annual anniversary date of the AGREEMENT to be effective for the subsequent year.
2. SCOPE OF SERVICES.
CONSULTANT shall undertake and complete the preparation of the scope of work as set forth and described in the documents attached hereto and referred to as Exhibit (A) or “Project”. The CONSULTANT shall perform the services as described in Exhibit (A) in a manner compatible with the standards of its profession and shall produce a fully complete project that is acceptable to the CITY. #9..
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2 3. COMPENSATION.
CONSULTANT agrees to the annual estimated amount of $99,500 and a sum not to exceed $497,500 (maximum compensation) as full remuneration for performing all services and furnishing all staffing and materials for CITY in accordance with Exhibit (A).
The Compensation shall be paid pursuant in the manner and at the times set forth below:
CITY shall pay CONSULTANT on a time and materials basis for CONSULTANT’s actual costs for all work called for in Exhibit (A) to this AGREEMENT. All work to be performed under this AGREEMENT shall be billed at the hourly rates set forth in Exhibit (B) attached hereto.
CONSULTANT shall submit monthly invoices to CITY which include detailed tasks, hours worked, and billable rates for all work completed, and detailed receipts for any out-of-pocket costs paid by CONSULTANT in connection with work performed on this project. Expenses for travel reimbursement shall comply with the City's Administrative Directive (AD) 1.2, as amended periodically. The City's AD 1.2 can be accessible at the link provided - https://www.modestogov.com/DocumentCenter/View/24156/Citys-Administrative-Directive12.
CITY shall pay CONSULTANT by Net 30 terms via CITY's ePay Program.
4. OBLIGATIONS OF CONSULTANT.
Throughout the term of this AGREEMENT, CONSULTANT shall possess, or secure all licenses, permits, qualifications and approvals legally required to conduct business. CONSULTANT warrants that it has all of the necessary professional capabilities and experience, as well as all tools, instrumentalities, facilities and other resources necessary to provide the CITY with the services contemplated by this AGREEMENT. CONSULTANT further warrants that it will follow the best current, generally accepted and professional practices to make findings, render opinions, prepare factual presentations, and provide professional advice and recommendations regarding this project.
5. PERFORMANCE BY KEY EMPLOYEE.
CONSULTANT has represented to CITY that Shawn Baker will be the person primarily responsible for the performance of the services referred to in this AGREEMENT. CITY has entered into this AGREEMENT in reliance on that representation by CONSULTANT. CONSULTANT therefore agrees that ten percent (10%) or more of the time to be devoted to the project that is the subject of this AGREEMENT will be that of the above-named person.
6. OWNERSHIP OF DOCUMENTS/TITLE TO DATA.
Ownership of Documents
All reports, drawings, designs, graphics, working papers and other incidental work or materials furnished hereunder shall become and remain the property of the CITY, and may be used by CITY as it may require without any additional cost to CITY. No reports shall be used by the CONSULTANT for purposes other than this AGREEMENT without the express prior written consent of CITY. #9..
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3 Title to Data
If, as a part of the AGREEMENT, CONSULTANT is required to produce data such as, but not limited to, drawings, plans, specifications, calculations, models, flow diagrams, visual aids and other related materials, the originals of all such data generated under this AGREEMENT will be delivered to CITY upon the completion or termination of services under the AGREEMENT. It is understood and agreed that the documents and other materials, including but not limited to those described above, prepared pursuant to this AGREEMENT are prepared specifically for the CITY and are not necessarily suitable for any future or other use.
All materials, documents, data or information obtained from the CITY data files or any CITY medium furnished to CONSULTANT in the performance of this AGREEMENT will at all times remain the property of the CITY. Such data or information may not be used or copied for direct or indirect use by CONSULTANT after termination of this AGREEMENT without written consent of the CITY.
7. NEWS AND INFORMATION RELEASE.
CONSULTANT agrees that it will not issue any news releases in connection with either the award of this AGREEMENT, or any subsequent amendment of or efforts under this AGREEMENT, without first obtaining review and approval of said news releases from CITY through the CITY Manager.
8. CONFLICT OF INTEREST.
CONSULTANT warrants that it presently has no interest and shall not acquire any interest, direct or indirect, which would create a “conflict of interest”, as that term is defined in the Political Reform Act (Gov. Code § 81000 et seq), for the CONSULTANT in the performance of this AGREEMENT.
CONSULTANT warrants that, in performance of this AGREEMENT, CONSULTANT shall not employ any person having any such interest. CONSULTANT understands that, if this AGREEMENT is made in violation of Government Code § 1090 et seq., the entire AGREEMENT is void and CONSULTANT will not be entitled to any compensation for services performed. CONSULTANT agrees to file a Statement of Economic Interests with the City Clerk at the start and end of this AGREEMENT if so, required at the option of CITY.
9. AMENDMENTS.
This AGREEMENT, including the Exhibits attached hereto, may be amended only by a writing signed by both Parties. CITY will not be responsible to pay any charges CONSULTANT may incur in performing services not identified in Exhibit (A) unless first authorized by the CITY in writing.
10. INDEPENDENT CONTRACTOR.
All acts of CONSULTANT, its agents, officers, and employees and all others acting on behalf of CONSULTANT relating to the performance of this AGREEMENT, shall be performed as independent contractors and not as agents, officers, or employees of CITY. Except as CITY may specify in writing, CONSULTANT has no authority to bind or incur any obligation on behalf of CITY. CONSULTANT has no authority or responsibility to exercise any rights or power vested in the CITY. It is understood by both CONSULTANT and CITY that this AGREEMENT shall not under any circumstances be construed or considered to create an employer-employee relationship or a joint venture. CONSULTANT, its agents, #9..
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4 officers and employees are and, at all times during the terms of this AGREEMENT, shall represent and conduct themselves as independent contractors and not as employees of CITY.
CONSULTANT shall determine and control the method, details and means of performing the work and services to be provided by CONSULTANT under this AGREEMENT. CONSULTANT shall be responsible to CITY only for the requirements and results specified in this AGREEMENT, and, except as expressly provided in this AGREEMENT, shall not be subjected to CITY's control with respect to the physical action or activities of the CONSULTANT in fulfillment of this AGREEMENT. CONSULTANT is permitted to provide services to others during the same period service is provided to CITY under this AGREEMENT. If necessary, CONSULTANT has the responsibility for employing other persons or firms to assist CONSULTANT in fulfilling the terms and obligations under this AGREEMENT.
If in the performance of this AGREEMENT any third persons are employed by CONSULTANT, such persons shall be entirely and exclusively under the direction, supervision, and control of CONSULTANT. All terms of employment including hours, wages, working conditions, discipline, hiring, and discharging or any other term of employment or requirement of law shall be determined by the CONSULTANT.
It is understood and agreed that as an independent contractor and not an employee of CITY neither the CONSULTANT or CONSULTANT's assigned personnel shall have any entitlement as a CITY employee, right to act on behalf of the CITY in any capacity whatsoever as an agent, or to bind the CITY to any obligation whatsoever. It is further understood and agreed that CONSULTANT must issue W-2 forms or other forms as required by law for income and employment tax purposes for all of CONSULTANT's personnel. As an independent CONSULTANT, CONSULTANT hereby indemnifies and holds CITY harmless from any and all claims that may be made against CITY based upon any contention by any third party that an employer-employee relationship exists by reason of this AGREEMENT.
11. ASSIGNMENT.
Neither this AGREEMENT nor any portion thereof shall be subcontracted or assigned, without the express prior written consent of the CITY in each and every instance.
12. PATENT/COPYRIGHT MATERIALS.
Unless otherwise expressly provided in the AGREEMENT, CONSULTANT shall be solely responsible for obtaining the right to use any patented or copyrighted materials in the performance of this AGREEMENT. CONSULTANT shall furnish a warranty of such right to use to CITY at the request of CITY.
13. NOTICES.
Notice required by this AGREEMENT shall be given in writing and shall be deemed given and effective upon delivery provided that such are delivered in accordance with the provisions of this Section. Notices shall be delivered either by: (a) personal delivery; (b) overnight courier service which obtains confirmation of delivery; or (c) certified mail, return receipt requested, if delivery is confirmed by a return receipt; or (d) by electronic transmission subject to reasonable proof that the notice was both transmitted and received. Each such notice shall be sent to the parties at the address respectively set forth below or to #9..
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5 such other address as a party may designate by written notice given in accordance with the provisions of this Section:
FOR
CONSULTANT:
Krazan & Associates, Inc
Attention: Shawn Baker
448 Mitchell Rd, Suite C
Modesto, CA 95354
(209) 572-2200
[email protected]
CITY: City of Modesto
Engineering Services
Attention: Pete Kambel
P.O. Box 642
Modesto, CA 95353
(209) 577-5348
[email protected]
14. INSURANCE REQUIREMENTS.
During the term of this AGREEMENT, CONSULTANT shall maintain in full force and effect at its own cost and expense the insurance coverage as set forth in the attached Exhibit (C) to this AGREEMENT and shall otherwise comply with the other provisions of Exhibit (C) to this AGREEMENT. CONSULTANT is responsible for uploading updated insurance documentation to the City's "PINS Advantage" program.
15. TERMINATION OF AGREEMENT.
Termination by CITY for Default of CONSULTANT
Should the CONSULTANT default in the performance of this AGREEMENT or materially breach any of its provisions, at its option, CITY may terminate this AGREEMENT by giving written notification to CONSULTANT. The termination date shall be the effective date of the notice. For the purposes of this section, material breach of this AGREEMENT shall include, but not limited to, any of the following:
failure to perform required services or duties, willful destruction of City's property by CONSULTANT, dishonesty or theft.
Termination by CITY for Convenience
The City may also terminate the CONSULTANT's performance under the AGREEMENT, either in whole or in part, at its own discretion, or when conditions encountered during the services make it impossible or impracticable to proceed, or when the City is prevented from proceeding with the AGREEMENT by act of God, by law, or by official action of a public authority, or upon a determination by the City that such termination is in the best interest and convenience of the City, or whenever the City is prohibited from completing the services for any reason. The City shall provide no less that ten (10) calendar days written notice of its intent to terminate the AGREEMENT for convenience and shall endeavor to provide the CONSULTANT with consultation with the City prior to termination. #9..
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6 Post-Termination Procedure
Upon receipt of a written notice of termination pursuant to either of the foregoing paragraphs, the CONSULTANT shall:
A. Cease its work as directed in the notice of termination as of the termination date and see to it that its employees, subconsultants and agents are notified of such termination and act as specified in the notice of termination;
B. Terminate all orders and subconsultants except as necessary to complete any portion of the work that is not terminated;
C. If directed in writing by the CITY to do so, assign all right, title and interest in subcontracts and materials in progress to CITY, in which case the CITY will have the right at its discretion to settle, or pay any or all claims arising out of the termination of such subconsultants, but in no event shall recovery by any CONSULTANT or subconsultant include lost profits for portions of the work not completed or undertaken, including materials not delivered; D. Deliver or otherwise make available to the CITY all data, drawings, specifications, reports, estimates, summaries and such other information and material as may have been accumulated by the CONSULTANT in performing the work whether completed or in process; E. Settle outstanding liabilities and claims, subject to the approval of CITY; F. Complete performance of such part of the work as has not been terminated; G. Take such other actions as may be necessary, or as may be directed by the CITY for the protection and preservation of the work and/or property related to the work; H. If CITY so requests, and at CITY's cost, CONSULTANT shall provide sufficient oral or written status reports to make CITY reasonably aware of the status of CONSULTANT's work on the project.
I. The CONSULTANT understands and agrees that CITY may, in CITY's sole discretion, refuse to pay CONSULTANT for that portion of CONSULTANT's services which were performed by CONSULTANT on the project prior to the termination date and which remain unacceptable and/or not useful to CITY as of the termination date.
CITY will pay CONSULTANT an amount based on the percentage of satisfactory work completed in accordance with the notice or termination. The final payment to the CONSULTANT after termination for convenience shall be limited to amounts due and owing under the AGREEMENT at time of termination, including the following:
J. The cost of settling and paying valid claims arising out of the termination of the work such as subconsultant AGREEMENTs or contracts for materials;
K. The AGREEMENT price allocable to the portion of the work properly performed, or goods supplied to the work site by the CONSULTANT as of the date of termination, as determined in #9..
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7 accordance with the notice of termination, reduced by any sums previously paid to the CONSULTANT.
Authorization to Terminate Agreement
Termination of the AGREEMENT may be invoked by the City Manager, or his/her designee, subject to the right of the CONSULTANT to appeal the City Manager, or his/her designee's, decision to the City Council. The CONSULTANT shall appeal by notifying the City Clerk in writing within ten (10) calendar days of receipt of written notification from City of termination of the AGREEMENT. In the event that termination of this AGREEMENT is upheld by the City Council, any cessation of payment of delay claims, extended claims, Eichleay claims, or any other claims for delay shall be retroactive to the date of termination selected by the City Manager, or his/her designee.
16. INDEMNITY.
If CONSULTANT is Design Professional performing design professional services, as defined in California Civil Code section 2782.8, CONSULTANT agrees to indemnify, defend, and hold harmless the CITY, its agents, officers, officials, employees and volunteers, from and against any and all claims, demands, costs, or liability that arise out of, or pertain to, or relate to the negligence, recklessness, or willful misconduct of CONSULTANT and its employees, officials, officers, agents or agents in the performance of services under this AGREEMENT, but this indemnity does not apply to liability for damages arising from the sole negligence, or willful misconduct of the CITY. The CITY agrees that in no event shall the cost to defend charged to the CONSULTANT exceed that CONSULTANT's proportionate percentage of fault. However, notwithstanding the previous sentence, in the event one or more defendants is unable to pay its share of defense costs due to bankruptcy or dissolution of the business, the CONSULTANT shall meet and confer with other parties regarding unpaid defense costs. This duty to indemnify shall not be waived or modified by contractual AGREEMENT or acts of the parties.
If CONSULTANT is not a Design Professional performing Design Professional Services, the CONSULTANT shall hold the CITY, its agents, officers, employees, and volunteers harmless from and save, defend and indemnify them against any and all claims, losses, liabilities, judgments or damages from every cause, including but not limited to injury to person or property or wrongful death, including reasonable costs and expenses of defense of any judicial or administrative action, arising directly or indirectly out of any negligent or intentional act or omission of CONSULTANT, or its agents, officers, officials, employees, or volunteers relating to or during the performance of its obligations under this AGREEMENT, except for claims arising from the sole negligence of the CITY.
CONSULTANT's obligation to defend, indemnify, and hold the CITY, its agents, officers, and employees harmless under the provisions of this paragraph is not limited to or restricted by any requirement in this AGREEMENT for CONSULTANT to procure and maintain a policy of insurance.
In the event that CONSULTANT or any employee, agent, or subcontractor of CONSULTANT providing services under this AGREEMENT is determined by a court of competent jurisdiction or the California Public Employees Retirement System (PERS) to be eligible for enrollment in PERS as an employee of CITY, CONSULTANT shall indemnify, defend, and hold harmless CITY for the payment of any employee and/or employer contributions for PERS benefits on behalf of CONSULTANT or its employees, agents, or subcontractors, as well as for the payment of any penalties and interest on such contributions, which would otherwise be the responsibility of CITY.
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8 17. DISPUTE RESOLUTION.
Venue for all claims, controversies, or disputes arising out of, or relating to the formation of this AGREEMENT, or the breach, termination execution, enforcement, interpretation, or validity of this AGREEMENT, including the determination of the scope or applicability of this AGREEMENT provision shall be in the Superior Court of Stanislaus County or the United States District Court for the Eastern District of California.
18. ATTORNEY'S FEES.
If a party to this AGREEMENT brings any action, including an action for declaratory relief, to enforce or interpret this AGREEMENT, the prevailing party shall be entitled to reasonable attorneys’ fees in addition to any other relief to which that party may be entitled. The court may set such fees in the same action or in a separate action brought for that purpose.
19. ENTIRE AGREEMENT.
This AGREEMENT and its exhibits contain the entire understanding between CONSULTANT and CITY. All previous proposals, offers and communications related to this AGREEMENT, whether oral or written, are hereby superseded except to the extent that they have been incorporated into this AGREEMENT. No future waiver of or exception to any of the terms, conditions, and provisions of this AGREEMENT shall be considered valid unless specifically agreed to in writing by all the parties.
20. PARTIAL INVALIDITY.
If any provision in this AGREEMENT is held by a court of competent jurisdiction to be invalid, void, or unenforceable, the remaining provisions shall nevertheless continue in full force without being impaired or invalidated in any way.
21. WAIVER.
The waiver by any party to this AGREEMENT of a breach of any provision hereof shall be in writing and shall not operate or be construed as a waiver of any other or subsequent breach hereof unless specifically stated in writing.
22. AUDIT.
The CITY's duly authorized representative shall have access at all reasonable times to all reports, contract records, contract documents, contract files, and personnel necessary to audit and verify CONSULTANT's charges to CITY under this AGREEMENT.
CONSULTANT agrees to retain reports, records, documents, and files related to charges under this AGREEMENT for a period of four (4) years following the date of final payment for CONSULTANT services. CITY's representative shall have the right to reproduce any of the aforesaid documents.
23. GOVERNING LAW.
This AGREEMENT shall be governed according to the laws of the State of California. #9..
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9 24. HEADINGS NOT CONTROLLING.
Headings used in the AGREEMENT are for reference purposes only and shall not be considered in construing this AGREEMENT.
25. COMPLIANCE WITH LAWS.
CONSULTANT shall insure compliance with all safety and hourly requirements for employees, in accordance with federal, state, and county safety and health regulations and laws. CONSULTANT shall fully comply with all applicable federal, state, and local laws, ordinances, regulations and permits.
26. CITY BUSINESS LICENSE.
CONSULTANT will have a City of Modesto business license.
IN WITNESS WHEREOF, the City of Modesto, a municipal corporation, has authorized the execution of this AGREEMENT by its City Manager and attested by its City Clerk under authority of Resolution No. 2026 - ______, adopted by the Council of the City of Modesto on the 28th day of April, 2026, and Krazan & Associates, Inc. has caused this AGREEMENT to be duly executed as of the Effective Date. #9..
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ATTACHMENT 1: DRAFT SCOPE OF WORK
1 GENERAL REQUIREMENTS
1. Prices shall be based on payment of the applicable prevailing wage for all worker classifications utilized to perform the tests.
2. Prices for testing services shall include, but are not limited to, the following:
a) Travel time
b) Specimen pick-up time
c) Report preparation and documentation time
d) Administrative and clerical support time
e) Final affidavit, including engineer’s stamp and signature
3. Additional tests not listed in Attachment 2 may be required. All requested tests shall conform to the requirements outlined in this proposal request and the executed agreement.
4. Where multiple California Test Methods (CTMs) are listed under a single line item, the Consultant shall provide pricing for the more expensive test.
NOTES – OVERTIME
Additional Costs Associated with Performing Testing Services During Overtime Hours
1. Overtime rates shall be calculated based on the difference between the employee’s total hourly prevailing wage rate (including fringe benefits and employer markup) and the applicable overtime rate.
2. Normal working hours are defined as 7:00 AM to 3:30 PM, Monday through Friday. o Services provided outside these hours during weekdays, and all services performed on Saturdays, shall be compensated at one and one-half (1.5) times the normal rate.
o Services performed on Sundays or recognized holidays shall be compensated at double (2.0) the normal rate, in accordance with the applicable State Labor Code.
3. Overtime rates are additions to the prices quoted in Attachment 2:
a) For most tests, the overtime rate shall be the standard per-test price plus the applicable overtime premium.
b) The overtime premium applies only to the portion of work performed during overtime hours. Laboratory testing conducted during normal working hours on samples collected during overtime shall not incur additional overtime charges. #9..
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ATTACHMENT 1: DRAFT SCOPE OF WORK
2 c) The cost for retrieving samples (e.g., for concrete testing or similar) is included in the per-test price listed in Attachment 2. When samples must be obtained outside normal working hours, the Consultant may invoice for the additional cost only for the time required to obtain and pick up the samples. The remaining compensation shall be billed at the standard per-test rate.
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# Test Method Description Notes Anticipated No. of Tests* Price per test ** Total 1 CTM 231 Method of Test for Relative Compaction of
Untreated and Treated Soils and Aggregates Using Nuclear Gauge Nuclear Gauge Testing with minimum of 3 testlocations per set incluidng moisture content 600 $ $86,460.00 2 CTM 216 Method of Test for Relative Compaction of
Untrated and Treated Soils and Aggregates
Max Wet Density and Percent Relative Compaction 50 $ $14,575.00 3 CTM 202 (Modified by
CTM 105, when applicable)
Method of Test for Sieve Analysis of Fine and Coarse Aggregates (CTM 202); Calculations Pertaining to Gradings and Specific Gravities (CTM 105) Provide pricing assuming both tests will be performed 4 $203.50/ Each $814.00 4 CTM 205 Method of Test for Determining Percentage of
Crushed Particles 1 $176.00/ Each $176.00
5 CTM 217 Method of Test for Sand Equivalent 2 $145.20 Each $ 290.40 6 CTM 308 Method of Test for Determining Bulk Specific
Gravity and Density of Compacted Hot Mix Asphalt
10 $55.00 Each $550.00
7 CTM 382/CTM 370 Determination of Aphalt Content of Bituminous Mixtures by the Ignition Method (CTM 382); Method of Test for Determining Moisture Content of Bituminous Mixtures or Graded Mineral Aggregates Using Microwave Ovens (CTM
370)
Provide pricing assuming both tests will be performed
2 $385.00 Each $770.00
8 CTM 375 Determining the In-Place Density and Relative Compaction of Hot Mix Asphalt Pavement Using Nuclear Gauge 20 $144.10 $2,882.00
9 CTM 366 Method of Test for Stabilomater Value For Asphalt Cement 1 $451.00 Each $451.00 10 CTM 367 Method of Test for Determining Optimum
Bitumen Content (OBC)
4 $753.50 $3,014.00
11 CTM 211 Abrasion of Coarse Aggregate by Use of the Los Angeles Abrasion Testing Machine Also known as Los Angeles Rattler Test 1 $404.80 $404.80 12 AASHTO T304 - Method
A
Uncompacted Void Content of Fine Aggregate 1 $176.00 $176.00 13 ASTM D4791 Standard Test Method for Flat Particles,
Elongated Particles, or Flat and Elongated Particles in Coarse Aggregate 1 $176.00 $176.00
ATTACHMENT 2: PRICE SCHEDULE
SPECIAL INSPECTION AND MATERIALS TESTING SERVICES
1 of 2
144.10/Each
291.50/ Each
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# Test Method Description Notes Anticipated No. of Tests* Price per test ** Total 14 CTM 301 Method of Test for Determining the Resistance "R" Value of Treated and Untreated Bases, Subbases and Basement Soils by the Stabilometer 10 $412.50 $4,125.00
15 CTM 521, CTM 539, CTM
540
Method of Test for Compressive Strength of
Molded Concrete Cylinders (CTM 521); Method of
Test for Sampling Fresh Concrete (CTM 539), Method of Test for Making, Handling, and Storing Concrete Compressive Strength Test Specimens in
the Field (CTM 540)
NOTE: Test cylinders are to be 6" diameter x 12" height. Each test shall consist of sampling, making, handling, picking up, and storing five (5) concrete cylinders and providing compression tests at 7-day, 14-day, and (2) at 28-day curing periods. One cylinder to be held in reserve. 100 $33.00/ Each
165.00/ Set
$ 16,500.00
16 CTM 556, CTM 533 Method of Test for Slump of Fresh Portlans Cement Concrete (CTM 556); Method of Test for Ball Penetration in Fresh Portland Cement Concrete (CTM 533) List pricing for both tests, but use higher of the two test prices for the calculations. 1 $144.10 $144.10 17 CTM 229 Method of Test for Durability Index 1 $231.00 $231.00 OT @ 1.5 times the normal rate (see notes below) 45 $ 216.15 $ 9,726.75OT @ 2.0 times the normal rate (see notes below) 45 $288.20 $ 12,969.00 TOTAL $154,435.05
*Quantities shown are approximate number of tests needed during a two-year term. ** The prices provided by the consultant will remain fixed for the duration of the contract (if awarded).
See attached page for notes and General Requirements.
Testing must comply with Table 6-1.2 of the November 2024 Caltrans Construction Manual. Time required for Materials Acceptance Tests, with the exception that the Consultant will not be responsible of reporting directly to the Contractor. The consultant shall provide the testing results to the City, a day after the normal lab time, as indicated in Table 6-1.2, has been completed.
ATTACHMENT 2: PRICE SCHEDULE
SPECIAL INSPECTION AND MATERIALS TESTING SERVICES
OVERTIME: Additional cost associated with
acquiring samples and performing testing service
during overtime hours. -------- OT
2 of 2
$
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Local Assistance Procedures Manual EXHIBIT 10-H2
Cost Proposal
Note: Mark-ups are Not Allowed
Consultant Krazan & Associates Prime Consultant Subconsultant 2nd Tier Subconsultant Project No. Contract No. Participation Amount Date 1/13/2026 For Combined Rate
+ General & Administration % = Combined Indirect Cost Rate (ICR) % 165.66%
For Home Office Rate
+ General & Administration % = Home Office ICR %
0.00%
For Field Office Rate
+ General & Administration % = Field Office ICR %
0.00%
FEE % = 10.00%
Actual or Avg. Hourly range - for
hourly rate4 classifications only
Professional Engineers $219.17 $328.75 $438.34 1/1/2025 12/31/2025 $75.00 Not Applicable Dean Alexander & Dave Jarosz $225.74 $338.62 $451.49 1/1/2026 6/30/2026 $77.25 3.00% $232.52 $348.78 $465.03 7/1/2026 6/30/2027 $79.57 3.00% $239.49 $359.24 $478.98 7/1/2027 6/30/2028 $81.95 3.00% Project Managers $160.72 $241.09 $321.45 1/1/2025 12/31/2025 $55.00 Not Applicable Ian Beatty & Stephen Nelson $165.55 $248.32 $331.09 1/1/2026 6/30/2026 $56.65 3.00% $170.51 $255.77 $341.02 7/1/2026 6/30/2027 $58.35 3.00% $175.63 $263.44 $351.26 7/1/2027 6/30/2028 $60.10 3.00% Lead Inspectors* $177.59 $266.38 $355.17 1/1/2025 12/31/2025 $60.77 Not Applicable Victor Perez & Timothy Rusalin $182.91 $274.37 $365.83 1/1/2026 6/30/2026 $62.59 3.00% $188.40 $282.60 $376.80 7/1/2026 6/30/2027 $64.47 3.00% $194.05 $291.08 $388.11 7/1/2027 6/30/2028 $66.41 3.00% Special Inspectors* $171.74 $257.61 $343.48 1/1/2025 12/31/2025 $58.77 Not Applicable Anthony Fail, Daniel Henley, $176.89 $265.34 $353.79 1/1/2026 6/30/2026 $60.53 3.00% Ken Jackson, & Tom Whitehead $182.20 $273.30 $364.40 7/1/2026 6/30/2027 $62.35 3.00% $187.67 $281.50 $375.33 7/1/2027 6/30/2028 $64.22 3.00% Inspectors* $150.67 $226.01 $301.34 1/1/2025 12/31/2025 $51.56 Not Applicable $155.19 $232.79 $310.38 1/1/2026 6/30/2026 $53.11 3.00% Brett Thornton & Daniel Cavazos $159.85 $239.77 $319.70 7/1/2026 6/30/2027 $54.70 3.00% $164.64 $246.96 $329.29 7/1/2027 6/30/2028 $56.34 3.00% (Add pages as necessary)
NOTES:
2. The cost proposal format shall not be amended.
4. For named employees and key personnel enter the actual hourly rate. For classifications only, enter the Average Hourly Rate for that classification.
Page x of x
LPP 17-01 January 2018
1. Key personnel must be marked with an asterisk (*) and employees that are subject to prevailing wage requirements must be marked with two asterisks (**). All costs must comply with the Federal cost principles. Subconsultants will provide their own cost proposals.
3. Billing rate = actual hourly rate * (1+ ICR) * (1+ Fee). Indirect cost rates shall be updated on an annual basis in accordance with the consultant’s annual accounting period and established by a cognizant agency or accepted by Caltrans. All costs must comply with the Federal cost principles for reimbursement.
EXHIBIT 10-H2 COST PROPOSAL Page x of x
SPECIFIC RATE OF COMPENSATION (USE FOR ON-CALL OR AS-NEEDED CONTRACTS) (CONSTRUCTION ENGINEERING AND INSPECTION CONTRACTS)
BILLING INFORMATION CALCULATION INFORMATION
Hourly Billing Rates3 Effective date of hourly rate Name/Job Title/Classification1 Straight OT(1.5x) OT(2x) From To % or $ increase
Fringe Benefit %
Fringe Benefit %
Fringe Benefit %
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Local Assistance Procedures Manual EXHIBIT 10-H2
Cost Proposal
Note: Mark-ups are Not Allowed
Consultant Krazan & Associates Prime Consultant Subconsultant 2nd Tier Subconsultant Project Number 0 Contract No. 0 Participation Amount 0% Date 1/13/2026 For Combined Rate
+ General & Administration % = Combined Indirect Cost Rate (ICR) % 165.66%
For Home Office Rate
+ General & Administration % = Home Office ICR %
0.00%
For Field Office Rate
+ General & Administration % = Field Office ICR %
0.00%
FEE % = 10.00%
Actual or Avg. Hourly range - for
hourly rate4 classifications only
Driller's * $150.67 $226.01 $301.34 1/1/2025 12/31/2025 $51.56 Not Applicable Brent Snyder & James Watts $155.19 $232.79 $310.38 1/1/2026 12/31/2026 $53.11 3.00% $159.85 $239.77 $319.70 1/1/2027 12/31/2027 $54.70 3.00% $164.64 $246.96 $329.29 1/1/2028 12/31/2028 $56.34 3.00% Field Geologists $99.36 $149.04 $198.71 1/1/2025 12/31/2025 $34.00 Not Applicable David Adams, Wayne Andrade $102.34 $153.51 $204.68 1/1/2026 12/31/2026 $35.02 3.00% & Remington Alexander $105.41 $158.11 $210.82 1/1/2027 12/31/2027 $36.07 3.00% $108.57 $162.85 $217.14 1/1/2028 12/31/2028 $37.15 3.00% Lab $84.75 $127.12 $169.49 1/1/2025 12/31/2025 $29.00 Not Applicable Jared Gruszczynski $87.29 $130.93 $174.58 1/1/2026 12/31/2026 $29.87 3.00% $89.91 $134.86 $179.81 1/1/2027 12/31/2027 $30.77 3.00% $92.60 $138.91 $185.21 1/1/2028 12/31/2028 $31.69 3.00% Administration $78.90 $118.35 $157.80 1/1/2025 12/31/2025 $27.00 Not Applicable Kitty Wong, Zong Tchieng $81.27 $121.90 $162.54 1/1/2026 12/31/2026 $27.81 3.00% $83.71 $125.56 $167.41 1/1/2027 12/31/2027 $28.64 3.00% $86.22 $129.33 $172.43 1/1/2028 12/31/2028 $29.50 3.00% $0.00 $0.00 $0.00 1/1/2025 12/31/2025 $0.00 Not Applicable $0.00 $0.00 $0.00 1/1/2026 12/31/2026 $0.00 3.00%
$0.00 $0.00 $0.00 1/1/2027 12/31/2027 $0.00 3.00%
$0.00 $0.00 $0.00 1/1/2028 12/31/2028 $0.00 3.00%
(Add pages as necessary)
NOTES:
2. The cost proposal format shall not be amended.
4. For named employees and key personnel enter the actual hourly rate. For classifications only, enter the Average Hourly Rate for that classification.
Page x of x
LPP 17-01 January 2018
Fringe Benefit %
EXHIBIT 10-H2 COST PROPOSAL Page x of x
SPECIFIC RATE OF COMPENSATION (USE FOR ON-CALL OR AS-NEEDED CONTRACTS) (CONSTRUCTION ENGINEERING AND INSPECTION CONTRACTS)
Fringe Benefit %
Fringe Benefit %
1. Key personnel must be marked with an asterisk (*) and employees that are subject to prevailing wage requirements must be marked with two asterisks (**). All costs must comply with the Federal cost principles. Subconsultants will provide their own cost proposals.
3. Billing rate = actual hourly rate * (1+ ICR) * (1+ Fee). Indirect cost rates shall be updated on an annual basis in accordance with the consultant’s annual accounting period and established by a cognizant agency or accepted by Caltrans. All costs must comply with the Federal cost principles for reimbursement.
BILLING INFORMATION CALCULATION INFORMATION
Name/Job Title/Classification1 Hourly Billing Rates3 Effective date of hourly rate % or $ increase Straight OT(1.5x) OT(2x) From To #9..
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Local Assistance Procedures Manual EXHIBIT 10-H2
Cost Proposal
Consultant Krazan & Associates ☒ Prime Consultant ☐ Subconsultant Project No. 0 Contract No. 0 Date 1/13/2026
Note: Add additional pages if necessary.
NOTES:
1. List direct cost items with estimated costs. These costs should be competitive in their respective industries and supported with appropriate documentation.
2. Proposed ODC items should be consistently billed regardless of client and contract type.
3. Items when incurred for the same purpose, in like circumstance, should not be included in any indirect cost pool or in the overhead rate.
4. Items such as special tooling, will be reimbursed at actual cost with supporting documentation (invoice).
5. Items listed above that would be considered "tools of the trade" are not reimbursable as other direct cost.
6. Travel related costs should be pre-approved by the contracting agency and shall not exceed current State Department of Personnel Administration rules.
EXHIBIT 10-H2 COST PROPOSAL Page x of x
SPECIFIC RATE OF COMPENSATION (USE FOR ON-CALL OR AS-NEEDED CONTRACTS) (CONSTRUCTION ENGINEERING AND INSPECTION CONTRACTS)
SCHEDULE OF OTHER DIRECT COST ITEMS (Add additional pages as necessary) Description of Items Quantity Unit Unit Cost Total
LPP 17-01 January 2018
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Local Assistance Procedures Manual EXHIBIT 10-H2
Cost Proposal
Certification of Direct Costs:
1. 2.
3. 4.
5. 6.
Prime Consultant or Subconsultant Certifying:
Name: Title:*
Signature: Certification Date:
Email: Phone:
Address:
List services the consultant is providing under the proposed contract:
All costs must be applied consistently and fairly to all contracts. All documentation of compliance must be retained in the project files and be in compliance with applicable federal and state requirements. Costs that are noncompliant with the federal and state requirements are not eligible for reimbursement.
Exhibit 10-H1 Cost Proposal Page x of x
Actual Cost-Plus-Fixed Fee or lump sum (Firm Fixed Price) contracts (Design, Engineering and Environmental Studies)
I, the undersigned, certify to the best of my knowledge and belief that all direct costs identified on the cost proposal(s) in this contract are actual, reasonable, allowable, and allocable to the contract in accordance with the contract terms and the following requirements:
Generally Accepted Accounting Principles (GAAP)
Terms and conditions of the contract
Title 23 United States Code Section 112 - Letting of Contracts 48 Code of Federal Regulations Part 31 - Contract Cost Principles and Procedures 23 Code of Federal Regulations Part 172 - Procurement, Management, and Administration of Engineering and Design Related Service
48 Code of Federal Regulations Part 9904 - Cost Accounting Standards Board (when applicable) 215 W Dakota Ave, Clovis CA 93612
*An individual executive or financial officer of the consultant’s or subconsultant’s organization at a level no lower than a Vice President or a Chief Financial Officer, or equivalent, who has authority to represent the financial information utilized to establish the cost proposal for the contract.
Special Inspection and Materials Testing for Various Capital Improvement Projects Local governments are responsible for applying only cognizant agency approved or Caltrans accepted Indirect Cost Rate(s).
David R. Jarosz VP of Engineering Services
1/13/2026
[email protected] 559-348-2200
LPP 17-01
Page x of x
January 2018
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2025-2026 Northern California
Prevailing Wage Fee Schedule
2025-2026 (Prevailing Wage) Fee Schedule - Northern California Region Corporate Principals
Dean Alexander, REA, RCE, RGE
CEO, Principal Engineer
Dave Jarosz, RCE, RGE
President, Engineering Services
Kip Williamson
Managing Partner
2025-2026 Northern California Regional PW Fee Schedule.doc Northern California Region
Locality
Alameda, Alpine, Amador, BuƩe, Calaveras, Colusa, Contra Costa, Del Norte, El Dorado, Fresno, Glenn, Humboldt, Kings, Lake, Lassen, Madera, Marin, Mariposa, Mendocino, Merced, Modoc, Monterey, Napa, Nevada, Placer, Plumas, Sacramento, San Benito, San Francisco, San Joaquin, San Mateo, Santa Clara, Santa Cruz, Shasta, Sierra, Siskiyou, Solano, Sonoma, Stanislaus, SuƩer, Tehama, Trinity, Tulare, Tuolumne, Yolo and Yuba CounƟes Rates Eff ecƟ ve
July 1, 2025 though June 30, 2026
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2025-2026 Northern California
Prevailing Wage Fee Schedule
2025-2026 NORTHERN CALIFORNIA
PREVAILING WAGE FEE SCHEDULE FOR PROFESSIONAL & TECHNICAL SERVICES Professional
Principal Engineer .................................................................................................................... $350.00 hour Registered Senior Engineer ...................................................................................................... $250.00 hour Professional Geologist.............................................................................................................. $250.00 hour CerƟ fi ed Asbestos Inspector/Manager .................................................................................... $225.00 hour Project Engineer/Manager ....................................................................................................... $160.00 hour Project Geologist ...................................................................................................................... $160.00 hour Environmental Specialist........................................................................................................... $160.00 hour Staff Professional (engineer/geologist) .................................................................................... $160.00 hour Expert Witness TesƟ mony
ConsultaƟ on, PreparaƟ on for Court, Expert Witness – Principal Engineer ..................................... By Quote ConsultaƟ on, PreparaƟ on for Court, Expert Witness – Registered Senior Engineer ....................... By Quote Stand-By at Offi ce (WaiƟ ng to be called to Court)........................................................................... By Quote Technicians/Technical Staff
ConstrucƟ on Inspector and Field Soils and Materials Tester Group 1 .................................................................................................................................... $160.00 hour Group 2 ................................................................................................................................... $142.00 hour Group 3 ................................................................................................................................... $131.00 hour Group 4 ................................................................................................................................... $125.00 hour Group 1
ANST Level II-III
DSA Masonry
DSA Shotcrete
Lead Inspector
NICET Level IV
NDT Level Two
Group 2
AWS-CWI Welding Inspector
ICC CerƟ fi ed Structural Inspector
NICET Level III
Shear Wall and Floor Systems
Building/Constructon Inspector
Group 3
Geotechnical Driller
Soils/Asphalt
Earthwork Grading
ExcavaƟ on and Backfi ll
NICET Level II
Group 4
ACI
Drillers Helper
ICC Fireproofi ng
NICET Level I
Proofl oad TesƟ ng
Torgue TesƟ ng
NACE
NDT Level I
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2025-2026 Northern California
Prevailing Wage Fee Schedule
Off -site Technician / Inspector ................................................................................................. $100.00 hour DraŌ sman (AutoCAD) .............................................................................................................. $131.00 hour Mileage (Portal to Portal from nearest Krazan Offi ce) ...................................................................$0.80 mile AdministraƟ ve
AdministraƟ ve Support .............................................................................................................. $60.00 hour Word Processing/ReproducƟ on.................................................................................................. $60.00 hour Geotechnical Exploratory Drilling and Sampling
Drilling (conƟ nuous fl ight, hollow stem auger, w/2 operators) CME 45 Drill Rig (truck mounted) .............................................................................................. By Quote CME 55 Drill Rig (truck mounted) ..............................................................................................By Quote Mobile B-80 Drill Rig (truck mounted) ....................................................................................... By Quote Mileage (support vehicles) ............................................................................................................$0.80 mile Mileage (drill rig) ...........................................................................................................................$1.10 mile #9..
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2025-2026 Northern California
Prevailing Wage Fee Schedule
Aggregates and Soils
Laboratory Tests
AbsorpƟ on, ASTM C 127, 128 .................................................................................................. $160.00 each Abrasion (L.A. RaƩ ler 100 & 500 cycles), ASTM C 131.............................................................. $368.00 each AƩ erberg Limits, ASTM D 4318 ................................................................................................ $265.00 each California Bearing RaƟ o (CBR), ASTM D 1883 ................................................................................. By Quote Clay Lumps and Friable ParƟ cles, ASTM C 142......................................................................... $265.00 each Cleanness Value, CAL. 227 ....................................................................................................... $210.00 each ConsolidaƟ on Test ASTM D 2435.............................................................................................. $340.00 each Crushed ParƟ cles, Calif. 205 ..................................................................................................... $160.00 each Direct Shear Test, ASTM D 3080, Unconsolidated, Undrained, 3 point ................................... $435.00 each Durability Index, CAL 229.......................................................................................................... $210.00 each Expansion Index, UBC-29-2 ...................................................................................................... $265.00 each Flat or Elongated ParƟ cles, CRD C 119...................................................................................... $160.00 each Hydrometer Analysis, ASTM D 422........................................................................................... $420.00 each Material Finer than No. 200 Sieve, ASTM C 117....................................................................... $132.00 each Moisture Content ....................................................................................................................... $32.00 each Moisture Content and Dry density (Liner Sample) ..................................................................... $55.00 each Moisture-Density RelaƟ ons of Soils, ASTM D 698, D 1557, Cal 216 ......................................... $265.00 each Organic ImpuriƟ es, ASTM C 40 ................................................................................................ $295.00 each Percent Flat or Elongated ParƟ cles, CRD C 119......................................................................... $160.00 each Percent Crushed ParƟ cles, Calif. 205 ........................................................................................ $160.00 each Permeability, Constant Falling Head, ASTM 2434..................................................................... $500.00 each Permeability, Failing Head/Flexible Wall, (ASTM D5084), 1.4”-4” ........................................... $525.00 each Permeability, Failing Head/Flexible Wall, (ASTM D5084), 6” ................................................... $525.00 each Permeability Sample Remold ................................................................................................... $150.00 each Plate Bearing Test, ASTM D 1195, D 1196........................................................................................ By Quote PotenƟ al ReacƟ vity (Chemical Method 3 DeterminaƟ ons), ASTM C 289......................................... By Quote PotenƟ al ReacƟ vity (Mortar Bar Method, ASTM C 227 ................................................................... By Quote Sand Equivalent (Average of 3), CAL. 217 ................................................................................ $132.00 each Sieve Analysis - Processed (Each Size), ASTM C 136................................................................. $185.00 each Sieve Analysis Fine (including wash), ASTM C 137, C 177......................................................... $185.00 each Specifi c Gravity, Coarse, ASTM C 127 ....................................................................................... $225.00 each Specifi c Gravity, Fine, ASTM C 128 ........................................................................................... $265.00 each SoŌ ParƟ cles, ASTM C 235 ............................................................................................................. .By Quote Soluble Chloride Content ....................................................................................................... $185.00 each Soluble Sulfate Content .......................................................................................................... $185.00 each Soundness - Sodium or Magnesium (5 cycles), ASTM C 88.................................................... $1050.00 each "R" (Resistance) Value, CAL. 301, ASTM D 2844 ...................................................................... $375.00 each "R" (Resistance) Value, Lime Treated or Requiring Recombining ............................................ $475.00 each Triaxial Compression Test, ASTM D 2850
Unconsolidated, Undrained ......................................................................................... $500.00 each Consolidated, Undrained ............................................................................................. $750.00 each Consolidated, Undrained with Pore Pressure ............................................................ $1000.00 each Unconfi ned Compression Test, ASTM D 2166 .......................................................................... $250.00 each Unit Weight Per Cubic Foot, ASTM C 29 ..................................................................................... $60.00 each #9..
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2025-2026 Northern California
Prevailing Wage Fee Schedule
Concrete, Shotcrete and
Gunite
Cylinder, Beams & Cores
Compression Test, 6" x 12" Cylinders, Including Hold, ASTM C 39 (set of 4)............................... $150.00 set Compression Test, 4" x 8" Cylinders, Including Hold, ASTM C 39 (set of 5)................................. $135.00 set Compression Test, Cores, ASTM C 42 (Does Not Include Special Prep. Ɵ me) ............................ $55.00 each Core Cuƫ ng (In Laboratory)....................................................................................................... $55.00 each Flexure Test, 6" x 6" Beams, ASTM C 78 ................................................................................... $160.00 each Spliƫ ng Tensile, 6" x 12" Cylinders, ASTM C 496 ............................................................................ By Quote Modulus of ElasƟ city Test - StaƟ c, ASTM C 469 ............................................................................... By Quote Unit Weight DeterminaƟ on ........................................................................................................ $55.00 each Shrinkage
Length Change (3 Beams, 4 Readings, Up to 90 Days), ASTM C 157 Modifi ed ............................... By Quote AddiƟ onal Reading...........................................................................................................…..By Quote Storage Over 90 days, Per set of 3 Beams................................................................................$25.00 month Mix Design
Aggregate Tests for Concrete Mix Designs Only:
Sieve Analysis, Specifi c Gravity, No. 200 Wash, Organic ImpuriƟ es, and Weight Per Cubic Foot (Per Aggregate Size).................................................................. $525.00 each Mix Design (CalculaƟ on Only) .................................................................................................. $525.00 each Review of Mix Design Prepared by Others............................................................................... $315.00 each Trial Batch, ASTM C192 ................................................................................................................... By Quote Coring
Technician and Equipment ....................................................................................................... $210.00 hour Bit Charge.................................................................................................................................... $15.00 inch Nozzleman Qualifi caƟ on
CerƟ fi caƟ on of Shotcrete/Gunite Nozzleman in accordance with ACI 506, administer knowledge test, observe test panel producƟ on, coring of test panel.
Laboratory tesƟ ng of cores................................................................................................ Quote on Request #9..
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2025-2026 Northern California
Prevailing Wage Fee Schedule
Masonry Materials
Brick ASTM C 67
Modulus of Rupture (Flexure)......................................................................................................... By Quote Compressive Strength.............................................................................................................. $210.00 each AbsorpƟ on - 5 Hour or 24 Hour ...................................................................................................... By Quote IniƟ al Rate of AbsorpƟ on ................................................................................................................ By Quote Effl orescence ................................................................................................................................... By Quote Dimensions, Overall, Coring, Shell and Web Thickness ..............................................................$53.00 brick Coeffi cient of FricƟ on (Slip Test) ..................................................................................................... By Quote Cores, Compression.................................................................................................................. $105.00 each Cores, Shear, 6" and 8" Diameter, 2 Faces....................................................................................... By Quote Concrete Block ASTM C 140
Moisture Content as Received.................................................................................................. $105.00 each AbsorpƟ on ................................................................................................................................ $105.00 each Compression ............................................................................................................................ $105.00 each Tension ............................................................................................................................................ By Quote Shrinkage, Modifi ed BriƟ sh, ASTM C 426 ........................................................................................ By Quote Compression, 3”- 6” diameter Cores.......................................................................................... $53.00 each Masonry Prisms ASTM E 447
Compression Test, Grouted Prisms .......................................................................................... $160.00 each Cuƫ ng Prisms ................................................................................................................................. By Quote Mortar & Grout
Compression, 2" x 4" Mortar Cylinder (ASTM C39).................................................................... $42.00 each Compression, 3" x 6" Grout Prisms (ASTM C1019)................................................................... $105.00 each Compression Test, 2" Cubes, (ASTM C 109)................................................................................ $53.00 each Unreinforced Masonry Building Tests
In-Place Shear (Push) Tests.............................................................................................................. By Quote Wall Anchors.................................................................................................................................... By Quote #9..
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2025-2026 Northern California
Prevailing Wage Fee Schedule
Reinforcing and Structural Steel
Reinforcing Steel ASTM A 615
Tensile & Bend Test, No. 11 Bar or Smaller .............................................................................. $132.00 each Tensile & Bend Test, No. 12 Bar or Larger ....................................................................................... By Quote Receive and Distribute Mill CerƟ fi cates ..................................................................................... $27.00 each Prestress and Post-tension Tendons (7-Wire Strands) (AƩ achments To Be Furnished by Client) Prestress (AƩ achments To Be Furnished by Client)
Tensile Test and ElongaƟ on In 24" for Prestress Strand, ASTM A 416 ............................................. By Quote Tensile Test and ElongaƟ on In 10" for Prestressing Wire, ASTM A 421 ........................................... By Quote Modulus of ElasƟ city (Prestressing Wire) ........................................................................................ By Quote Welded Specimens
Tensile Test, Welded, No. 8 Bar or Smaller....................................................................................... By Quote Tensile Test, Welded, No. 11 ........................................................................................................... By Quote Tensile Test, Welded, No. 14 and 18 Bar.......................................................................................... By Quote Tensile Test, Mechanically Spliced Bar ............................................................................................ By Quote Nick Break, Welded Re-Bar............................................................................................................... By Quote Welder Qualifi caƟ ons/Welding Procedure Specifi caƟ ons Prepare Welding Procedure Specifi caƟ on (WPS) in accordance with AWS D1.1 ............................ By Quote Prepare Procedure Qualifi caƟ on Record (PQR) in accordance with ASME ..................................... By Quote Observe Welder perform Qualifi caƟ on Test single qualifi caƟ on test (at Krazan facility) ................ By Quote Observe Welder perform Qualifi caƟ on Test single qualifi caƟ on test (at job site)........................... By Quote Test Plates/Pipe
3/8” Carbon steel plate ................................................................................................................... By Quote 1” Carbon steel plate ....................................................................................................................... By Quote 2” diameter Schedule 160 pipe....................................................................................................... By Quote Machining of test specimen............................................................................................................. By Quote Bend Test (set of 2) ..................................................................................................................... $160.00 set Macroetch ....................................................................................................................................... By Quote X-ray examinaƟ on ............................................................................................................................ By Quote Prepare Welder Qualifi caƟ on Report/CerƟ fi caƟ on ................................................................. $210.00 each #9..
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2025-2026 Northern California
Prevailing Wage Fee Schedule
Asphalt Concrete
Asphalt Concrete Mix Design (Hveem or Marshall) ........................................................................ By Quote Asphalt Content Of Bituminous Mixtures By Solvent ExtracƟ on, ASTM D 2172 (Method B) or CAL 310 (Excluding Ash CorrecƟ on) .......................... By Quote Asphalt Content Of Bituminous Mixtures By The IgniƟ on, CAL 382 ........................................ $315.00 each CorrecƟ on Factor DeterminaƟ on for Asphalt Content, CAL 382 .............................................. $685.00 each Aggregate GradaƟ on on Extracted Sample (Including Wash) .................................................. $265.00 each Swell, Stability and Moisture Vapor SuscepƟ bility Tests California Test Methods
Lab Trial Batch/ Sample PreparaƟ on (per point) ................................................................. $105.00 each Lab CompacƟ on of Test Specimen Pre-Mixed, CAL 304 ...................................................... $315.00 each Lab CompacƟ on of Test Specimen, Lab-Mixed, CAL 304 ......................................................$420.00 each Hveem Stability CAL 304 and CAL 366 ................................................................................. $410.00 each Specifi ed Gravity (Lab Compacted) CAL 308.......................................................................... $50.00 each Marshall Method
Lab Trial Batch/ Sample PreparaƟ on (per point) ................................................................. $105.00 each Lab CompacƟ on of Test Specimen, Pre-Mixed, ASTM D 1559 ............................................. $315.00 each Lab CompacƟ on of Test Specimen, Lab-Mixed, ASTM D 1559 ............................................. $420.00 each Stability and Flow (including lab compacƟ on of sample)..................................................... $410.00 each Specifi ed Gravity (Lab Compacted)........................................................................................ $50.00 each Maximum TheoreƟ cal Unit Weight (Rice Gravity) ASTM 204 .................................................. $265.00 each Asphalt Concrete Core Density .................................................................................................. $50.00 each Stability Tests
Hveem, Pre-Mixed, CAL. 304 ................................................................................................... $340.00 each Hveem, Lab-Mixed, CAL. 304.................................................................................................... $420.00 each Marshall, Pre-Mixed, ASTM D 1559.......................................................................................... $340.00 each Marshall, Lab-Mixed, ASTM D 1559 ......................................................................................... $420.00 each Maximum Density
Hveem, Pre-Mixed, CAL. 304 ................................................................................................... $340.00 each Hveem, Lab-Mixed, CAL. 304.................................................................................................... $420.00 each Marshall, Pre-Mixed, ASTM D 1559.......................................................................................... $340.00 each Marshall, Lab-Mixed, ASTM D 1559 ......................................................................................... $420.00 each #9..
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2025-2026 Northern California
Prevailing Wage Fee Schedule
Miscellaneous
Materials Tests and Equipment Charges
Gypsum Roof Fill ASTM C 495
Compression Test ....................................................................................................................... $27.00 each Density........................................................................................................................................ $55.00 each Fireproofi ng Tests
Thickness, Field Sampling by Technician........................................................................ Billed at Field Rates Oven Dry Density................................................................................................................... $58.00 sample Equipment
Air Meter (Concrete) – Pressure....................................................................................................$27.00 day Air Meter (Concrete) – Volumetric ...............................................................................................$48.00 day Calibrated Torque Wrench (max. capacity 200 Ō -lb) ................................................................... $27.00 day Calibrated Torque Wrench (capacity exceeding 200 Ō -lb) ........................................................... $55.00 day F-Meter Profiler (floor flatness) ................................................................................................. $265.00 day Nuclear Density Gauge.................................................................................................................. $27.00 day Pachometer ............................................................................................................................... $160.00 day Paint Thickness Gauge (electronic)............................................................................................. $160.00 day Proof-load Equipment (tesƟ ng of anchor bolts, no specialized fixtures).................................. .$160.00 day Schmidt Hammer.........................................................................................................................$160.00 day Skidmore-Wilhelm device............................................................................................................$210.00 day Ultrasonic TesƟ ng Equipment (structural steel inspecƟ on) ........................................................$55.00 hour Vehicle Mileage..............................................................................................................................$0.80 mile #9..
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2025-2026 Northern California
Prevailing Wage Fee Schedule
Terms of Payment
Invoices shall be deemed delinquent if not paid within 30 days of the invoice date and will be subject to a late payment charge of 1.5% per month or the maximum percentage allowed by law, whichever is the lesser, on the unpaid balance from the invoice date, including the undisputed porƟ ons of invoices with disputed charges, unƟ l the same is paid, as liquidated damages for addiƟ onal credit and collecƟ on expenses incurred by Krazan & Associates.
Basis of Charges
Minimum Charges
Field services performed by our technicians are subject to a 4 hour minimum charge for each day of service, with services in excess of 4 hours subject to an 8-hour charge. Services in excess of 8 hours per day are billed in hourly increments. Field and offi ce-based engineering and administraƟ ve services have a one-hour minimum charge and are billed in hourly increments. Expert Witness and DeposiƟ on services are billed on half- and full day (4 and 8 hour) basis and hourly aŌ er 8 hours. Sample pick-up services are subject to a 1 hour minimum charge during regular Hours Monday through Friday and a 2 hour minimum charge for pick-ups on weekends or holidays.
Regular Time Charges
Regular Ɵ me charges are applicable to services iniƟ ated Monday through Friday (excluding holidays) for services iniƟ ated, between 4:00 am and 2:00 pm. Premium charges are applicable on holidays and weekends.
Night ShiŌ Diff erenƟ al
For services iniƟ ated aŌ er 2:00 p.m. or before 4:00 a.m. during any twenty-four (24) hour period commencing at 12:01 a.m. shall be subject to a twenty (20) percent premium above the regular rate.
Time and One-Half Charges
Weekdays services, excluding holidays, extending beyond 8 hours and not exceeding 12 hours of total service that day will be charged at one and one-half Ɵ me (x1.5) the Regular Time rate. Services rendered on Saturdays will be charged at one and one-half Ɵ mes(x1.5) Ɵ mes the Regular Time rate for the fi rst 8 hours.
Double Time Charges
Services rendered on Holidays, Sunday, in excess of 8 hours on Saturday, or in excess of 12 hours on weekdays, will be charged at double the Regular Time rate.
Reimbursable Expenses and Subcontractor Charges
Direct expenses, including but not limited to shipping, overnight or expedited delivery beyond standard postage, photo processing, sublet reproducƟ on, and consumable materials used in fi eld services will be charged to the client at cost plus 20%. Subcontractor, Sub-consultant and equipment rental charges, including but not limited to backhoe rental or backhoe services, subcontracted drilling services, concrete pumping services, and subcontracted specialty laboratory tesƟ ng and inspecƟ on services, will be charged to the client at cost plus 20%.
Travel Time and Mileage Charges
Field services are billed based on Ɵ me charged portal-to-portal from the closest Krazan & Associates’ offi ce providing the required services.
Travel and Subsistence
On remote jobs or projects, travel and subsistence, when not furnished, will be charged to the client at cost plus 20%; the minimum per diem rate for subsistence is $225.00.
Clerical and Engineer Review Charges
All projects will incur clerical preparaƟ on and engineering review charges. #9..
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2025-2026 Northern California
Prevailing Wage Fee Schedule
Supervisor Charges
Supervisor charges are above and beyond hourly and unit rates quoted for tesƟ ng and inspecƟ on services.
CancellaƟ on
All cancellaƟ ons without a 4 hour noƟ ce of cancellaƟ on will be subject to 2 hour minimum charges per day canceled. NoƟ ce of cancellaƟ on must be received by our offi ce during our offi ce hours of 8:00 am to 4:00 pm Monday through Friday (excluding holidays) and cannot be leŌ on the voice mail system.
Cost of Service
Unless expressly stated in a project-specifi c Proposal or Agreement, services are provided on a Ɵ meand-expense basis, subject to the Basis of Charges presented above. Where provided, Cost EsƟ mates are provided in good faith based on the scope of work and assumpƟ ons outlined in the Proposal. The term “Cost EsƟ mate” does not imply a maximum contract amount, but only the extension value of our unit prices at the Ɵ me of proposal preparaƟ on.
Insurance
Krazan & Associates carries all insurance required by law. A sample cerƟ fi cate of insurance lisƟ ng our insurance coverage limits is available upon request. Higher limits may be available on a project-specifi c basis for an added fee. Standard policies do not include endorsements for addiƟ onal insured or waivers of subrogaƟ on. These endorsements may be available for commercial general liability and automobile liability policies for an added fee on a project-specifi c basis.
Prevailing Wage Rates
The rates presented in this Fee Schedule are applicable for projects where there has been a General Prevailing Wage DeterminaƟ on made by the Director of Industrial RelaƟ ons pursuant to California Labor Code PArt 7, Chapter 1, ArƟ cle 2, SecƟ ons 1770, 1773, and 1773.1 for commercial building, highway, heavy construcƟ on and dredging projects.
Cost-of-Living Adjustment
The rates presented in this Fee Schedule are applicable through June 30, 2026. The rates presented in this fee schedule are subject to annual increases, eff ecƟ ve each July 1 during the term of the agreement, with our rates to be increased proporƟ onally based on the proporƟ onal cost increase for labor and/or employer payments determined by the California Department of Industrial RelaƟ ons. #9..
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EXHIBIT C: INSURANCE REQUIREMENTS FOR SERVICES
Consultant shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder and the results of that work by the Consultant, his agents, representatives, employees or subconsultants.
MINIMUM SCOPE AND LIMIT OF INSURANCE
Coverage shall be at least as broad as:
1. Commercial General Liability (CGL): Insurance Services Office Form CG 00 01 covering CGL on an “occurrence” basis, including products and completed operations, property damage, bodily injury and personal & advertising injury with limits no less than $1,000,000 per occurrence. If a general aggregate limit applies, either the general aggregate limit shall apply separately to this project/location (ISO CG 25 03 or 25 04) or the general aggregate limit shall be twice the required occurrence limit.
2. Automobile Liability: ISO Form Number CA 00 01 covering any auto (Code 1), or if Consultant has no owned autos, hired, (Code 8) and non-owned autos (Code 9), with limit no less than $1,000,000 per accident for bodily injury and property damage.
3. Workers’ Compensation: as required by the State of California, with Statutory Limits, and Employer’s Liability Insurance with limit of no less than $1,000,000 per accident for bodily injury or disease. (Not required if consultant provides written verification, it has no employees)
4. Professional Liability (Errors and Omissions) Insurance appropriates to the Consultant’s profession, with limit no less than $2,000,000 per occurrence or claim, $2,000,000 aggregate.
If the consultant maintains broader coverage and/or higher limits than the minimums shown above, the City of Modesto requires and shall be entitled to the broader coverage and/or the higher limits maintained by the consultant. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the City of Modesto.
Umbrella or Excess Coverage
The Consultant may use Umbrella or Excess Policies to provide the liability limits as required in this agreement.
This form of insurance will be acceptable provided that all of the Primary and Umbrella or Excess Policies shall provide all of the insurance coverages herein required, including, but not limited to, primary and noncontributory, additional insured, Self-Insured Retentions (SIRs), indemnity, and defense requirements. The Umbrella or Excess policies shall be provided on a true “following form” or broader coverage basis, with coverage at least as broad as provided on the underlying Commercial General Liability insurance. No insurance policies maintained by the Additional Insureds, whether primary or excess, and which also apply to a loss covered hereunder, shall be called upon to contribute to a loss until the Consultant’s primary and excess liability policies are exhausted.
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The insurance policies are to contain, or be endorsed to contain, the following provisions:
Additional Insured Status
The City of Modesto, its officers, officials, employees, and volunteers are to be covered as additional insureds on the CGL policy with respect to liability arising out of work or operations performed by or on behalf of the Consultant including materials, parts, or equipment furnished in connection with such work or operations.
General liability coverage can be provided in the form of an endorsement to the Consultant’s insurance with coverage equal to ISO form CG 2010. If Completed Operations endorsement is required, a separate endorsement equal to ISO form CG 2037 is required.
Primary Coverage
The Additional Insured coverage under the Consultant’s policy shall be “primary and non-contributory” and will not seek contribution from the City’s insurance or self-insurance and shall be at least as broad as CG 20 01 04 13. The City of Modesto does not accept endorsements limiting the Consultant’s insurance coverage to the sole negligence of the Named Insured.
Notice of Cancellation
Each insurance policy required above shall provide that coverage shall not be canceled, except with notice to the City of Modesto.
Waiver of Subrogation
Consultant hereby grants to City of Modesto a waiver of any right to subrogation which any insurer of said Consultant may acquire against the City of Modesto by virtue of the payment of any loss under such insurance.
Consultant agrees to obtain any endorsement that may be necessary to affect this waiver of subrogation, but this provision applies regardless of whether or not the City of Modesto has received a waiver of subrogation endorsement from the insurer.
Self-Insured Retentions
All Self-insured retentions must be disclosed to Risk Management for approval and shall not reduce the limits of liability. The City of Modesto may require the Consultant to purchase coverage with a lower retention or provide proof of ability to pay losses and related investigations, claim administration, and defense expenses within the retention. Any and all deductibles and SIRs shall be the sole responsibility of Consultant or subconsultant who procured such insurance and shall not apply to the Indemnified Additional Insured Parties.
Acceptability of Insurers
Insurance is to be placed with insurers with a current A.M. Best’s rating of no less than A:VII, unless otherwise acceptable to the City of Modesto.
Claims Made Policies (applicable to Professional Liability only) If any of the required policies provide claims-made coverage:
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1. The Retroactive Date must be shown and must be before the date of the contract or the beginning of contract work.
2. Insurance must be maintained, and evidence of insurance must be provided for at least five (5) years after completion of the contract of work.
3. If coverage is canceled or non-renewed, and not replaced with another claims-made policy form with a Retroactive Date prior to the contract effective date, the Consultant must purchase “extended reporting” coverage for a minimum of five (5) years after completion of work.
Verification of Coverage
Consultant shall furnish the City of Modesto with original certificates and amendatory endorsements or copies of the applicable policy language effecting coverage required by this clause and a copy of the Declarations and Endorsements Pages of the CGL and any Excess policies listing all policy endorsements. All certificates and endorsements are to be received and approved by the City of Modesto Risk Services before work commences.
However, failure to obtain the required documents prior to the work beginning shall not waive the Consultant’s obligation to provide them. The City of Modesto reserves the right to require complete, certified copies of all required insurance policies, including endorsements required by these specifications, at any time. City reserves the right to obtain a full certified copy of any insurance policy and endorsements. Failure to exercise this right shall not constitute a waiver of right to exercise later.
Subconsultants
Consultant shall require and verify that all subconsultant, or other parties hired for this work, purchase and maintain coverage for indemnity and insurance requirements as least as broad as specified in this agreement to the extent they apply to the scope of the subconsultant’s work with the same certificate of insurance requirements and naming as additional insureds all parties to this contract.
Special Risks or Circumstances
City of Modesto reserves the right to modify these requirements, including limits, based on the nature of the risk, prior experience, insurer, coverage, or other special circumstances.
Certificate Holder Address
Proper address for mailing certificates, endorsements and notices shall be:
City of Modesto
Attn: Risk Management
1010 10th Street
Modesto, CA 95354
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1 STANDARD AGREEMENT
FOR CONSULTANT SERVICES
THIS AGREEMENT made and entered into in the City of Modesto, State of California, this ______ day of __________________, 20___, (“Effective Date”) by and between the CITY OF MODESTO, a municipal corporation of the State of California, hereinafter referred to as "CITY", and BSK Associates, a California Corporation, hereinafter referred to as "CONSULTANT".
This AGREEMENT is made with regard to the following recitals:
a. The CITY has determined that there is a need for On-Call Special Inspection Services and Materials Testing for Various Capital Improvement Projects. 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. TERM OF AGREEMENT.
The term of the AGREEMENT shall be for a period of three (3) years, with two (2) one-year extension options at the sole discretion of CITY, for a total of up to five (5) years.
Year 1: APRIL 28, 2026, through APRIL 27, 2027
Year 2: APRIL 28, 2027, through APRIL 27, 2028
Year 3: APRIL 28, 2028, through APRIL 27, 2029
Year 4: APRIL 28, 2029, through APRIL 27, 2030
Year 5: APRIL 28, 2030, through APRIL 27, 2031
Pricing shall remain firm for the first three (3) years of the agreement.
Price increases for subsequent AGREEMENT years four and five shall not exceed the Consumer Price Index (CPI) for West Urban Area in any one AGREEMENT year and shall be negotiated through the Purchasing Division. Requests for price increases shall be submitted by CONSULTANT in writing, ninety (90) days prior to the annual anniversary date of the AGREEMENT to be effective for the subsequent year.
2. SCOPE OF SERVICES.
CONSULTANT shall undertake and complete the preparation of the scope of work as set forth and described in the documents attached hereto and referred to as Exhibit (A) or “Project”. The CONSULTANT shall perform the services as described in Exhibit (A) in a manner compatible with the standards of its profession and shall produce a fully complete project that is acceptable to the CITY. #9..
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2 3. COMPENSATION.
CONSULTANT agrees to the annual estimated amount of $99,500 and a sum not to exceed $497,500 (maximum compensation) as full remuneration for performing all services and furnishing all staffing and materials for CITY in accordance with Exhibit (A).
The Compensation shall be paid pursuant in the manner and at the times set forth below:
CITY shall pay CONSULTANT on a time and materials basis for CONSULTANT’s actual costs for all work called for in Exhibit (A) to this AGREEMENT. All work to be performed under this AGREEMENT shall be billed at the hourly rates set forth in Exhibit (B) attached hereto.
CONSULTANT shall submit monthly invoices to CITY which include detailed tasks, hours worked, and billable rates for all work completed, and detailed receipts for any out-of-pocket costs paid by CONSULTANT in connection with work performed on this project. Expenses for travel reimbursement shall comply with the City's Administrative Directive (AD) 1.2, as amended periodically. The City's AD 1.2 can be accessible at the link provided - https://www.modestogov.com/DocumentCenter/View/24156/Citys-Administrative-Directive12.
CITY shall pay CONSULTANT by Net 30 terms via CITY's ePay Program.
4. OBLIGATIONS OF CONSULTANT.
Throughout the term of this AGREEMENT, CONSULTANT shall possess, or secure all licenses, permits, qualifications and approvals legally required to conduct business. CONSULTANT warrants that it has all of the necessary professional capabilities and experience, as well as all tools, instrumentalities, facilities and other resources necessary to provide the CITY with the services contemplated by this AGREEMENT. CONSULTANT further warrants that it will follow the best current, generally accepted and professional practices to make findings, render opinions, prepare factual presentations, and provide professional advice and recommendations regarding this project.
5. PERFORMANCE BY KEY EMPLOYEE.
CONSULTANT has represented to CITY that Michael Kibbey will be the person primarily responsible for the performance of the services referred to in this AGREEMENT. CITY has entered into this AGREEMENT in reliance on that representation by CONSULTANT. CONSULTANT therefore agrees that ten percent (10%) or more of the time to be devoted to the project that is the subject of this AGREEMENT will be that of the above-named person.
6. OWNERSHIP OF DOCUMENTS/TITLE TO DATA.
Ownership of Documents
All reports, drawings, designs, graphics, working papers and other incidental work or materials furnished hereunder shall become and remain the property of the CITY, and may be used by CITY as it may require without any additional cost to CITY. No reports shall be used by the CONSULTANT for purposes other than this AGREEMENT without the express prior written consent of CITY. #9..
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3 Title to Data
If, as a part of the AGREEMENT, CONSULTANT is required to produce data such as, but not limited to, drawings, plans, specifications, calculations, models, flow diagrams, visual aids and other related materials, the originals of all such data generated under this AGREEMENT will be delivered to CITY upon the completion or termination of services under the AGREEMENT. It is understood and agreed that the documents and other materials, including but not limited to those described above, prepared pursuant to this AGREEMENT are prepared specifically for the CITY and are not necessarily suitable for any future or other use.
All materials, documents, data or information obtained from the CITY data files or any CITY medium furnished to CONSULTANT in the performance of this AGREEMENT will at all times remain the property of the CITY. Such data or information may not be used or copied for direct or indirect use by CONSULTANT after termination of this AGREEMENT without written consent of the CITY.
7. NEWS AND INFORMATION RELEASE.
CONSULTANT agrees that it will not issue any news releases in connection with either the award of this AGREEMENT, or any subsequent amendment of or efforts under this AGREEMENT, without first obtaining review and approval of said news releases from CITY through the CITY Manager.
8. CONFLICT OF INTEREST.
CONSULTANT warrants that it presently has no interest and shall not acquire any interest, direct or indirect, which would create a “conflict of interest”, as that term is defined in the Political Reform Act (Gov. Code § 81000 et seq), for the CONSULTANT in the performance of this AGREEMENT.
CONSULTANT warrants that, in performance of this AGREEMENT, CONSULTANT shall not employ any person having any such interest. CONSULTANT understands that, if this AGREEMENT is made in violation of Government Code § 1090 et seq., the entire AGREEMENT is void and CONSULTANT will not be entitled to any compensation for services performed. CONSULTANT agrees to file a Statement of Economic Interests with the City Clerk at the start and end of this AGREEMENT if so, required at the option of CITY.
9. AMENDMENTS.
This AGREEMENT, including the Exhibits attached hereto, may be amended only by a writing signed by both Parties. CITY will not be responsible to pay any charges CONSULTANT may incur in performing services not identified in Exhibit (A) unless first authorized by the CITY in writing.
10. INDEPENDENT CONTRACTOR.
All acts of CONSULTANT, its agents, officers, and employees and all others acting on behalf of CONSULTANT relating to the performance of this AGREEMENT, shall be performed as independent contractors and not as agents, officers, or employees of CITY. Except as CITY may specify in writing, CONSULTANT has no authority to bind or incur any obligation on behalf of CITY. CONSULTANT has no authority or responsibility to exercise any rights or power vested in the CITY. It is understood by both CONSULTANT and CITY that this AGREEMENT shall not under any circumstances be construed or considered to create an employer-employee relationship or a joint venture. CONSULTANT, its agents, #9..
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4 officers and employees are and, at all times during the terms of this AGREEMENT, shall represent and conduct themselves as independent contractors and not as employees of CITY.
CONSULTANT shall determine and control the method, details and means of performing the work and services to be provided by CONSULTANT under this AGREEMENT. CONSULTANT shall be responsible to CITY only for the requirements and results specified in this AGREEMENT, and, except as expressly provided in this AGREEMENT, shall not be subjected to CITY's control with respect to the physical action or activities of the CONSULTANT in fulfillment of this AGREEMENT. CONSULTANT is permitted to provide services to others during the same period service is provided to CITY under this AGREEMENT. If necessary, CONSULTANT has the responsibility for employing other persons or firms to assist CONSULTANT in fulfilling the terms and obligations under this AGREEMENT.
If in the performance of this AGREEMENT any third persons are employed by CONSULTANT, such persons shall be entirely and exclusively under the direction, supervision, and control of CONSULTANT. All terms of employment including hours, wages, working conditions, discipline, hiring, and discharging or any other term of employment or requirement of law shall be determined by the CONSULTANT.
It is understood and agreed that as an independent contractor and not an employee of CITY neither the CONSULTANT or CONSULTANT's assigned personnel shall have any entitlement as a CITY employee, right to act on behalf of the CITY in any capacity whatsoever as an agent, or to bind the CITY to any obligation whatsoever. It is further understood and agreed that CONSULTANT must issue W-2 forms or other forms as required by law for income and employment tax purposes for all of CONSULTANT's personnel. As an independent CONSULTANT, CONSULTANT hereby indemnifies and holds CITY harmless from any and all claims that may be made against CITY based upon any contention by any third party that an employer-employee relationship exists by reason of this AGREEMENT.
11. ASSIGNMENT.
Neither this AGREEMENT nor any portion thereof shall be subcontracted or assigned, without the express prior written consent of the CITY in each and every instance.
12. PATENT/COPYRIGHT MATERIALS.
Unless otherwise expressly provided in the AGREEMENT, CONSULTANT shall be solely responsible for obtaining the right to use any patented or copyrighted materials in the performance of this AGREEMENT. CONSULTANT shall furnish a warranty of such right to use to CITY at the request of CITY.
13. NOTICES.
Notice required by this AGREEMENT shall be given in writing and shall be deemed given and effective upon delivery provided that such are delivered in accordance with the provisions of this Section. Notices shall be delivered either by: (a) personal delivery; (b) overnight courier service which obtains confirmation of delivery; or (c) certified mail, return receipt requested, if delivery is confirmed by a return receipt; or (d) by electronic transmission subject to reasonable proof that the notice was both transmitted and received. Each such notice shall be sent to the parties at the address respectively set forth below or to #9..
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5 such other address as a party may designate by written notice given in accordance with the provisions of this Section:
FOR
CONSULTANT:
BSK Associates
Attention: Stewart Thompson
691 N. Laverne Ave Suite. 101
Fresno, CA 93727
(559) 974-7438
[email protected]
CITY: City of Modesto
Engineering Services
Attention: Pete Kambel
P.O. Box 642
Modesto, CA 95353
(209) 577-5444
[email protected]
14. INSURANCE REQUIREMENTS.
During the term of this AGREEMENT, CONSULTANT shall maintain in full force and effect at its own cost and expense the insurance coverage as set forth in the attached Exhibit (C) to this AGREEMENT and shall otherwise comply with the other provisions of Exhibit (C) to this AGREEMENT. CONSULTANT is responsible for uploading updated insurance documentation to the City's "PINS Advantage" program.
15. TERMINATION OF AGREEMENT.
Termination by CITY for Default of CONSULTANT
Should the CONSULTANT default in the performance of this AGREEMENT or materially breach any of its provisions, at its option, CITY may terminate this AGREEMENT by giving written notification to CONSULTANT. The termination date shall be the effective date of the notice. For the purposes of this section, material breach of this AGREEMENT shall include, but not limited to, any of the following:
failure to perform required services or duties, willful destruction of City's property by CONSULTANT, dishonesty or theft.
Termination by CITY for Convenience
The City may also terminate the CONSULTANT's performance under the AGREEMENT, either in whole or in part, at its own discretion, or when conditions encountered during the services make it impossible or impracticable to proceed, or when the City is prevented from proceeding with the AGREEMENT by act of God, by law, or by official action of a public authority, or upon a determination by the City that such termination is in the best interest and convenience of the City, or whenever the City is prohibited from completing the services for any reason. The City shall provide no less that ten (10) calendar days written notice of its intent to terminate the AGREEMENT for convenience and shall endeavor to provide the CONSULTANT with consultation with the City prior to termination. #9..
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6 Post-Termination Procedure
Upon receipt of a written notice of termination pursuant to either of the foregoing paragraphs, the CONSULTANT shall:
A. Cease its work as directed in the notice of termination as of the termination date and see to it that its employees, subconsultants and agents are notified of such termination and act as specified in the notice of termination;
B. Terminate all orders and subconsultants except as necessary to complete any portion of the work that is not terminated;
C. If directed in writing by the CITY to do so, assign all right, title and interest in subcontracts and materials in progress to CITY, in which case the CITY will have the right at its discretion to settle, or pay any or all claims arising out of the termination of such subconsultants, but in no event shall recovery by any CONSULTANT or subconsultant include lost profits for portions of the work not completed or undertaken, including materials not delivered; D. Deliver or otherwise make available to the CITY all data, drawings, specifications, reports, estimates, summaries and such other information and material as may have been accumulated by the CONSULTANT in performing the work whether completed or in process; E. Settle outstanding liabilities and claims, subject to the approval of CITY; F. Complete performance of such part of the work as has not been terminated; G. Take such other actions as may be necessary, or as may be directed by the CITY for the protection and preservation of the work and/or property related to the work; H. If CITY so requests, and at CITY's cost, CONSULTANT shall provide sufficient oral or written status reports to make CITY reasonably aware of the status of CONSULTANT's work on the project.
I. The CONSULTANT understands and agrees that CITY may, in CITY's sole discretion, refuse to pay CONSULTANT for that portion of CONSULTANT's services which were performed by CONSULTANT on the project prior to the termination date and which remain unacceptable and/or not useful to CITY as of the termination date.
CITY will pay CONSULTANT an amount based on the percentage of satisfactory work completed in accordance with the notice or termination. The final payment to the CONSULTANT after termination for convenience shall be limited to amounts due and owing under the AGREEMENT at time of termination, including the following:
J. The cost of settling and paying valid claims arising out of the termination of the work such as subconsultant AGREEMENTs or contracts for materials;
K. The AGREEMENT price allocable to the portion of the work properly performed, or goods supplied to the work site by the CONSULTANT as of the date of termination, as determined in #9..
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7 accordance with the notice of termination, reduced by any sums previously paid to the CONSULTANT.
Authorization to Terminate Agreement
Termination of the AGREEMENT may be invoked by the City Manager, or his/her designee, subject to the right of the CONSULTANT to appeal the City Manager, or his/her designee's, decision to the City Council. The CONSULTANT shall appeal by notifying the City Clerk in writing within ten (10) calendar days of receipt of written notification from City of termination of the AGREEMENT. In the event that termination of this AGREEMENT is upheld by the City Council, any cessation of payment of delay claims, extended claims, Eichleay claims, or any other claims for delay shall be retroactive to the date of termination selected by the City Manager, or his/her designee.
16. INDEMNITY.
If CONSULTANT is Design Professional performing design professional services, as defined in California Civil Code section 2782.8, CONSULTANT agrees to indemnify, defend, and hold harmless the CITY, its agents, officers, officials, employees and volunteers, from and against any and all claims, demands, costs, or liability that arise out of, or pertain to, or relate to the negligence, recklessness, or willful misconduct of CONSULTANT and its employees, officials, officers, agents or agents in the performance of services under this AGREEMENT, but this indemnity does not apply to liability for damages arising from the sole negligence, or willful misconduct of the CITY. The CITY agrees that in no event shall the cost to defend charged to the CONSULTANT exceed that CONSULTANT's proportionate percentage of fault. However, notwithstanding the previous sentence, in the event one or more defendants is unable to pay its share of defense costs due to bankruptcy or dissolution of the business, the CONSULTANT shall meet and confer with other parties regarding unpaid defense costs. This duty to indemnify shall not be waived or modified by contractual AGREEMENT or acts of the parties.
If CONSULTANT is not a Design Professional performing Design Professional Services, the CONSULTANT shall hold the CITY, its agents, officers, employees, and volunteers harmless from and save, defend and indemnify them against any and all claims, losses, liabilities, judgments or damages from every cause, including but not limited to injury to person or property or wrongful death, including reasonable costs and expenses of defense of any judicial or administrative action, arising directly or indirectly out of any negligent or intentional act or omission of CONSULTANT, or its agents, officers, officials, employees, or volunteers relating to or during the performance of its obligations under this AGREEMENT, except for claims arising from the sole negligence of the CITY.
CONSULTANT's obligation to defend, indemnify, and hold the CITY, its agents, officers, and employees harmless under the provisions of this paragraph is not limited to or restricted by any requirement in this AGREEMENT for CONSULTANT to procure and maintain a policy of insurance.
In the event that CONSULTANT or any employee, agent, or subcontractor of CONSULTANT providing services under this AGREEMENT is determined by a court of competent jurisdiction or the California Public Employees Retirement System (PERS) to be eligible for enrollment in PERS as an employee of CITY, CONSULTANT shall indemnify, defend, and hold harmless CITY for the payment of any employee and/or employer contributions for PERS benefits on behalf of CONSULTANT or its employees, agents, or subcontractors, as well as for the payment of any penalties and interest on such contributions, which would otherwise be the responsibility of CITY.
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8 17. DISPUTE RESOLUTION.
Venue for all claims, controversies, or disputes arising out of, or relating to the formation of this AGREEMENT, or the breach, termination execution, enforcement, interpretation, or validity of this AGREEMENT, including the determination of the scope or applicability of this AGREEMENT provision shall be in the Superior Court of Stanislaus County or the United States District Court for the Eastern District of California.
18. ATTORNEY'S FEES.
If a party to this AGREEMENT brings any action, including an action for declaratory relief, to enforce or interpret this AGREEMENT, the prevailing party shall be entitled to reasonable attorneys’ fees in addition to any other relief to which that party may be entitled. The court may set such fees in the same action or in a separate action brought for that purpose.
19. ENTIRE AGREEMENT.
This AGREEMENT and its exhibits contain the entire understanding between CONSULTANT and CITY. All previous proposals, offers and communications related to this AGREEMENT, whether oral or written, are hereby superseded except to the extent that they have been incorporated into this AGREEMENT. No future waiver of or exception to any of the terms, conditions, and provisions of this AGREEMENT shall be considered valid unless specifically agreed to in writing by all the parties.
20. PARTIAL INVALIDITY.
If any provision in this AGREEMENT is held by a court of competent jurisdiction to be invalid, void, or unenforceable, the remaining provisions shall nevertheless continue in full force without being impaired or invalidated in any way.
21. WAIVER.
The waiver by any party to this AGREEMENT of a breach of any provision hereof shall be in writing and shall not operate or be construed as a waiver of any other or subsequent breach hereof unless specifically stated in writing.
22. AUDIT.
The CITY's duly authorized representative shall have access at all reasonable times to all reports, contract records, contract documents, contract files, and personnel necessary to audit and verify CONSULTANT's charges to CITY under this AGREEMENT.
CONSULTANT agrees to retain reports, records, documents, and files related to charges under this AGREEMENT for a period of four (4) years following the date of final payment for CONSULTANT services. CITY's representative shall have the right to reproduce any of the aforesaid documents.
23. GOVERNING LAW.
This AGREEMENT shall be governed according to the laws of the State of California. #9..
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9 24. HEADINGS NOT CONTROLLING.
Headings used in the AGREEMENT are for reference purposes only and shall not be considered in construing this AGREEMENT.
25. COMPLIANCE WITH LAWS.
CONSULTANT shall insure compliance with all safety and hourly requirements for employees, in accordance with federal, state, and county safety and health regulations and laws. CONSULTANT shall fully comply with all applicable federal, state, and local laws, ordinances, regulations and permits.
26. CITY BUSINESS LICENSE.
CONSULTANT will have a City of Modesto business license.
IN WITNESS WHEREOF, the City of Modesto, a municipal corporation, has authorized the execution of this AGREEMENT by its City Manager and attested by its City Clerk under authority of Resolution No. 2026 - ______, adopted by the Council of the City of Modesto on the 28th day of April, 2026, and BSK Associates has caused this AGREEMENT to be duly executed as of the Effective Date. #9..
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ATTACHMENT 1: DRAFT SCOPE OF WORK
1 GENERAL REQUIREMENTS
1. Prices shall be based on payment of the applicable prevailing wage for all worker classifications utilized to perform the tests.
2. Prices for testing services shall include, but are not limited to, the following:
a) Travel time
b) Specimen pick-up time
c) Report preparation and documentation time
d) Administrative and clerical support time
e) Final affidavit, including engineer’s stamp and signature
3. Additional tests not listed in Attachment 2 may be required. All requested tests shall conform to the requirements outlined in this proposal request and the executed agreement.
4. Where multiple California Test Methods (CTMs) are listed under a single line item, the Consultant shall provide pricing for the more expensive test.
NOTES – OVERTIME
Additional Costs Associated with Performing Testing Services During Overtime Hours
1. Overtime rates shall be calculated based on the difference between the employee’s total hourly prevailing wage rate (including fringe benefits and employer markup) and the applicable overtime rate.
2. Normal working hours are defined as 7:00 AM to 3:30 PM, Monday through Friday. o Services provided outside these hours during weekdays, and all services performed on Saturdays, shall be compensated at one and one-half (1.5) times the normal rate.
o Services performed on Sundays or recognized holidays shall be compensated at double (2.0) the normal rate, in accordance with the applicable State Labor Code.
3. Overtime rates are additions to the prices quoted in Attachment 2:
a) For most tests, the overtime rate shall be the standard per-test price plus the applicable overtime premium.
b) The overtime premium applies only to the portion of work performed during overtime hours. Laboratory testing conducted during normal working hours on samples collected during overtime shall not incur additional overtime charges. #9..
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ATTACHMENT 1: DRAFT SCOPE OF WORK
2 c) The cost for retrieving samples (e.g., for concrete testing or similar) is included in the per-test price listed in Attachment 2. When samples must be obtained outside normal working hours, the Consultant may invoice for the additional cost only for the time required to obtain and pick up the samples. The remaining compensation shall be billed at the standard per-test rate.
#9..
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EXHIBIT C: INSURANCE REQUIREMENTS FOR SERVICES
Consultant shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder and the results of that work by the Consultant, his agents, representatives, employees or subconsultants.
MINIMUM SCOPE AND LIMIT OF INSURANCE
Coverage shall be at least as broad as:
1. Commercial General Liability (CGL): Insurance Services Office Form CG 00 01 covering CGL on an “occurrence” basis, including products and completed operations, property damage, bodily injury and personal & advertising injury with limits no less than $1,000,000 per occurrence. If a general aggregate limit applies, either the general aggregate limit shall apply separately to this project/location (ISO CG 25 03 or 25 04) or the general aggregate limit shall be twice the required occurrence limit.
2. Automobile Liability: ISO Form Number CA 00 01 covering any auto (Code 1), or if Consultant has no owned autos, hired, (Code 8) and non-owned autos (Code 9), with limit no less than $1,000,000 per accident for bodily injury and property damage.
3. Workers’ Compensation: as required by the State of California, with Statutory Limits, and Employer’s Liability Insurance with limit of no less than $1,000,000 per accident for bodily injury or disease. (Not required if consultant provides written verification, it has no employees)
4. Professional Liability (Errors and Omissions) Insurance appropriates to the Consultant’s profession, with limit no less than $2,000,000 per occurrence or claim, $2,000,000 aggregate.
If the consultant maintains broader coverage and/or higher limits than the minimums shown above, the City of Modesto requires and shall be entitled to the broader coverage and/or the higher limits maintained by the consultant. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the City of Modesto.
Umbrella or Excess Coverage
The Consultant may use Umbrella or Excess Policies to provide the liability limits as required in this agreement.
This form of insurance will be acceptable provided that all of the Primary and Umbrella or Excess Policies shall provide all of the insurance coverages herein required, including, but not limited to, primary and noncontributory, additional insured, Self-Insured Retentions (SIRs), indemnity, and defense requirements. The Umbrella or Excess policies shall be provided on a true “following form” or broader coverage basis, with coverage at least as broad as provided on the underlying Commercial General Liability insurance. No insurance policies maintained by the Additional Insureds, whether primary or excess, and which also apply to a loss covered hereunder, shall be called upon to contribute to a loss until the Consultant’s primary and excess liability policies are exhausted.
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The insurance policies are to contain, or be endorsed to contain, the following provisions:
Additional Insured Status
The City of Modesto, its officers, officials, employees, and volunteers are to be covered as additional insureds on the CGL policy with respect to liability arising out of work or operations performed by or on behalf of the Consultant including materials, parts, or equipment furnished in connection with such work or operations.
General liability coverage can be provided in the form of an endorsement to the Consultant’s insurance with coverage equal to ISO form CG 2010. If Completed Operations endorsement is required, a separate endorsement equal to ISO form CG 2037 is required.
Primary Coverage
The Additional Insured coverage under the Consultant’s policy shall be “primary and non-contributory” and will not seek contribution from the City’s insurance or self-insurance and shall be at least as broad as CG 20 01 04 13. The City of Modesto does not accept endorsements limiting the Consultant’s insurance coverage to the sole negligence of the Named Insured.
Notice of Cancellation
Each insurance policy required above shall provide that coverage shall not be canceled, except with notice to the City of Modesto.
Waiver of Subrogation
Consultant hereby grants to City of Modesto a waiver of any right to subrogation which any insurer of said Consultant may acquire against the City of Modesto by virtue of the payment of any loss under such insurance.
Consultant agrees to obtain any endorsement that may be necessary to affect this waiver of subrogation, but this provision applies regardless of whether or not the City of Modesto has received a waiver of subrogation endorsement from the insurer.
Self-Insured Retentions
All Self-insured retentions must be disclosed to Risk Management for approval and shall not reduce the limits of liability. The City of Modesto may require the Consultant to purchase coverage with a lower retention or provide proof of ability to pay losses and related investigations, claim administration, and defense expenses within the retention. Any and all deductibles and SIRs shall be the sole responsibility of Consultant or subconsultant who procured such insurance and shall not apply to the Indemnified Additional Insured Parties.
Acceptability of Insurers
Insurance is to be placed with insurers with a current A.M. Best’s rating of no less than A:VII, unless otherwise acceptable to the City of Modesto.
Claims Made Policies (applicable to Professional Liability only) If any of the required policies provide claims-made coverage:
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1. The Retroactive Date must be shown and must be before the date of the contract or the beginning of contract work.
2. Insurance must be maintained, and evidence of insurance must be provided for at least five (5) years after completion of the contract of work.
3. If coverage is canceled or non-renewed, and not replaced with another claims-made policy form with a Retroactive Date prior to the contract effective date, the Consultant must purchase “extended reporting” coverage for a minimum of five (5) years after completion of work.
Verification of Coverage
Consultant shall furnish the City of Modesto with original certificates and amendatory endorsements or copies of the applicable policy language effecting coverage required by this clause and a copy of the Declarations and Endorsements Pages of the CGL and any Excess policies listing all policy endorsements. All certificates and endorsements are to be received and approved by the City of Modesto Risk Services before work commences.
However, failure to obtain the required documents prior to the work beginning shall not waive the Consultant’s obligation to provide them. The City of Modesto reserves the right to require complete, certified copies of all required insurance policies, including endorsements required by these specifications, at any time. City reserves the right to obtain a full certified copy of any insurance policy and endorsements. Failure to exercise this right shall not constitute a waiver of right to exercise later.
Subconsultants
Consultant shall require and verify that all subconsultant, or other parties hired for this work, purchase and maintain coverage for indemnity and insurance requirements as least as broad as specified in this agreement to the extent they apply to the scope of the subconsultant’s work with the same certificate of insurance requirements and naming as additional insureds all parties to this contract.
Special Risks or Circumstances
City of Modesto reserves the right to modify these requirements, including limits, based on the nature of the risk, prior experience, insurer, coverage, or other special circumstances.
Certificate Holder Address
Proper address for mailing certificates, endorsements and notices shall be:
City of Modesto
Attn: Risk Management
1010 10th Street
Modesto, CA 95354
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1 STANDARD AGREEMENT
FOR CONSULTANT SERVICES
THIS AGREEMENT made and entered into in the City of Modesto, State of California, this ______ day of __________________, 20___, (“Effective Date”) by and between the CITY OF MODESTO, a municipal corporation of the State of California, hereinafter referred to as "CITY", and Terracon Consultants, Inc., a Delaware Corporation, hereinafter referred to as "CONSULTANT".
This AGREEMENT is made with regard to the following recitals:
a. The CITY has determined that there is a need for On-Call Special Inspection Services and Materials Testing for Various Capital Improvement Projects. 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. TERM OF AGREEMENT.
The term of the AGREEMENT shall be for a period of three (3) years, with two (2) one-year extension options at the sole discretion of CITY, for a total of up to five (5) years.
Year 1: APRIL 28, 2026 through APRIL 27, 2027
Year 2: APRIL 28, 2027 through APRIL 27, 2028
Year 3: APRIL 28, 2028 through APRIL 27, 2029
Year 4: APRIL 28, 2029 through APRIL 27, 2030
Year 5: APRIL 28, 2030 through APRIL 27, 2031
Pricing shall remain firm for the first three (3) years of the agreement.
Price increases for subsequent AGREEMENT years four and five shall not exceed the Consumer Price Index (CPI) for West Urban Area in any one AGREEMENT year and shall be negotiated through the Purchasing Division. Requests for price increases shall be submitted by CONSULTANT in writing, ninety (90) days prior to the annual anniversary date of the AGREEMENT to be effective for the subsequent year.
2. SCOPE OF SERVICES.
CONSULTANT shall undertake and complete the preparation of the scope of work as set forth and described in the documents attached hereto and referred to as Exhibit (A) or “Project”. The CONSULTANT shall perform the services as described in Exhibit (A) in a manner compatible with the standards of its profession and shall produce a fully complete project that is acceptable to the CITY. #9..
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2 3. COMPENSATION.
CONSULTANT agrees to the annual estimated amount of $99,500 and a sum not to exceed $497,500 (maximum compensation) as full remuneration for performing all services and furnishing all staffing and materials for CITY in accordance with Exhibit (A).
The Compensation shall be paid pursuant in the manner and at the times set forth below:
CITY shall pay CONSULTANT on a time and materials basis for CONSULTANT’s actual costs for all work called for in Exhibit (A) to this AGREEMENT. All work to be performed under this AGREEMENT shall be billed at the hourly rates set forth in Exhibit (B) attached hereto.
CONSULTANT shall submit monthly invoices to CITY which include detailed tasks, hours worked, and billable rates for all work completed, and detailed receipts for any out-of-pocket costs paid by CONSULTANT in connection with work performed on this project. Expenses for travel reimbursement shall comply with the City's Administrative Directive (AD) 1.2, as amended periodically. The City's AD 1.2 can be accessible at the link provided - https://www.modestogov.com/DocumentCenter/View/24156/Citys-Administrative-Directive12.
CITY shall pay CONSULTANT by Net 30 terms via CITY's ePay Program.
4. OBLIGATIONS OF CONSULTANT.
Throughout the term of this AGREEMENT, CONSULTANT shall possess, or secure all licenses, permits, qualifications and approvals legally required to conduct business. CONSULTANT warrants that it has all of the necessary professional capabilities and experience, as well as all tools, instrumentalities, facilities and other resources necessary to provide the CITY with the services contemplated by this AGREEMENT. CONSULTANT further warrants that it will follow the best current, generally accepted and professional practices to make findings, render opinions, prepare factual presentations, and provide professional advice and recommendations regarding this project.
5. PERFORMANCE BY KEY EMPLOYEE.
CONSULTANT has represented to CITY that Troy Schiess will be the person primarily responsible for the performance of the services referred to in this AGREEMENT. CITY has entered into this AGREEMENT in reliance on that representation by CONSULTANT. CONSULTANT therefore agrees that ten percent (10%) or more of the time to be devoted to the project that is the subject of this AGREEMENT will be that of the above-named person.
6. OWNERSHIP OF DOCUMENTS/TITLE TO DATA.
Ownership of Documents
All reports, drawings, designs, graphics, working papers and other incidental work or materials furnished hereunder shall become and remain the property of the CITY, and may be used by CITY as it may require without any additional cost to CITY. No reports shall be used by the CONSULTANT for purposes other than this AGREEMENT without the express prior written consent of CITY. #9..
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3 Title to Data
If, as a part of the AGREEMENT, CONSULTANT is required to produce data such as, but not limited to, drawings, plans, specifications, calculations, models, flow diagrams, visual aids and other related materials, the originals of all such data generated under this AGREEMENT will be delivered to CITY upon the completion or termination of services under the AGREEMENT. It is understood and agreed that the documents and other materials, including but not limited to those described above, prepared pursuant to this AGREEMENT are prepared specifically for the CITY and are not necessarily suitable for any future or other use.
All materials, documents, data or information obtained from the CITY data files or any CITY medium furnished to CONSULTANT in the performance of this AGREEMENT will at all times remain the property of the CITY. Such data or information may not be used or copied for direct or indirect use by CONSULTANT after termination of this AGREEMENT without written consent of the CITY.
7. NEWS AND INFORMATION RELEASE.
CONSULTANT agrees that it will not issue any news releases in connection with either the award of this AGREEMENT, or any subsequent amendment of or efforts under this AGREEMENT, without first obtaining review and approval of said news releases from CITY through the CITY Manager.
8. CONFLICT OF INTEREST.
CONSULTANT warrants that it presently has no interest and shall not acquire any interest, direct or indirect, which would create a “conflict of interest”, as that term is defined in the Political Reform Act (Gov. Code § 81000 et seq), for the CONSULTANT in the performance of this AGREEMENT.
CONSULTANT warrants that, in performance of this AGREEMENT, CONSULTANT shall not employ any person having any such interest. CONSULTANT understands that, if this AGREEMENT is made in violation of Government Code § 1090 et seq., the entire AGREEMENT is void and CONSULTANT will not be entitled to any compensation for services performed. CONSULTANT agrees to file a Statement of Economic Interests with the City Clerk at the start and end of this AGREEMENT if so, required at the option of CITY.
9. AMENDMENTS.
This AGREEMENT, including the Exhibits attached hereto, may be amended only by a writing signed by both Parties. CITY will not be responsible to pay any charges CONSULTANT may incur in performing services not identified in Exhibit (A) unless first authorized by the CITY in writing.
10. INDEPENDENT CONTRACTOR.
All acts of CONSULTANT, its agents, officers, and employees and all others acting on behalf of CONSULTANT relating to the performance of this AGREEMENT, shall be performed as independent contractors and not as agents, officers, or employees of CITY. Except as CITY may specify in writing, CONSULTANT has no authority to bind or incur any obligation on behalf of CITY. CONSULTANT has no authority or responsibility to exercise any rights or power vested in the CITY. It is understood by both CONSULTANT and CITY that this AGREEMENT shall not under any circumstances be construed or considered to create an employer-employee relationship or a joint venture. CONSULTANT, its agents, #9..
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4 officers and employees are and, at all times during the terms of this AGREEMENT, shall represent and conduct themselves as independent contractors and not as employees of CITY.
CONSULTANT shall determine and control the method, details and means of performing the work and services to be provided by CONSULTANT under this AGREEMENT. CONSULTANT shall be responsible to CITY only for the requirements and results specified in this AGREEMENT, and, except as expressly provided in this AGREEMENT, shall not be subjected to CITY's control with respect to the physical action or activities of the CONSULTANT in fulfillment of this AGREEMENT. CONSULTANT is permitted to provide services to others during the same period service is provided to CITY under this AGREEMENT. If necessary, CONSULTANT has the responsibility for employing other persons or firms to assist CONSULTANT in fulfilling the terms and obligations under this AGREEMENT.
If in the performance of this AGREEMENT any third persons are employed by CONSULTANT, such persons shall be entirely and exclusively under the direction, supervision, and control of CONSULTANT. All terms of employment including hours, wages, working conditions, discipline, hiring, and discharging or any other term of employment or requirement of law shall be determined by the CONSULTANT.
It is understood and agreed that as an independent contractor and not an employee of CITY neither the CONSULTANT or CONSULTANT's assigned personnel shall have any entitlement as a CITY employee, right to act on behalf of the CITY in any capacity whatsoever as an agent, or to bind the CITY to any obligation whatsoever. It is further understood and agreed that CONSULTANT must issue W-2 forms or other forms as required by law for income and employment tax purposes for all of CONSULTANT's personnel. As an independent CONSULTANT, CONSULTANT hereby indemnifies and holds CITY harmless from any and all claims that may be made against CITY based upon any contention by any third party that an employer-employee relationship exists by reason of this AGREEMENT.
11. ASSIGNMENT.
Neither this AGREEMENT nor any portion thereof shall be subcontracted or assigned, without the express prior written consent of the CITY in each and every instance.
12. PATENT/COPYRIGHT MATERIALS.
Unless otherwise expressly provided in the AGREEMENT, CONSULTANT shall be solely responsible for obtaining the right to use any patented or copyrighted materials in the performance of this AGREEMENT. CONSULTANT shall furnish a warranty of such right to use to CITY at the request of CITY.
13. NOTICES.
Notice required by this AGREEMENT shall be given in writing and shall be deemed given and effective upon delivery provided that such are delivered in accordance with the provisions of this Section. Notices shall be delivered either by: (a) personal delivery; (b) overnight courier service which obtains confirmation of delivery; or (c) certified mail, return receipt requested, if delivery is confirmed by a return receipt; or (d) by electronic transmission subject to reasonable proof that the notice was both transmitted and received. Each such notice shall be sent to the parties at the address respectively set forth below or to #9..
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5 such other address as a party may designate by written notice given in accordance with the provisions of this Section:
FOR
CONSULTANT:
Terracon Consultants, Inc.
Attention: Alberto Flores Franco
50 Goldenland Court
Sacramento, CA 95834
(916) 246-5089
[email protected]
CITY: City of Modesto
Engineering Services
Attention: Pete Kambel
P.O. Box 642
Modesto, CA 95353
(209) 577-5444
[email protected]
14. INSURANCE REQUIREMENTS.
During the term of this AGREEMENT, CONSULTANT shall maintain in full force and effect at its own cost and expense the insurance coverage as set forth in the attached Exhibit (C) to this AGREEMENT and shall otherwise comply with the other provisions of Exhibit (C) to this AGREEMENT. CONSULTANT is responsible for uploading updated insurance documentation to the City's "PINS Advantage" program.
15. TERMINATION OF AGREEMENT.
Termination by CITY for Default of CONSULTANT
Should the CONSULTANT default in the performance of this AGREEMENT or materially breach any of its provisions, at its option, CITY may terminate this AGREEMENT by giving written notification to CONSULTANT. The termination date shall be the effective date of the notice. For the purposes of this section, material breach of this AGREEMENT shall include, but not limited to, any of the following:
failure to perform required services or duties, willful destruction of City's property by CONSULTANT, dishonesty or theft.
Termination by CITY for Convenience
The City may also terminate the CONSULTANT's performance under the AGREEMENT, either in whole or in part, at its own discretion, or when conditions encountered during the services make it impossible or impracticable to proceed, or when the City is prevented from proceeding with the AGREEMENT by act of God, by law, or by official action of a public authority, or upon a determination by the City that such termination is in the best interest and convenience of the City, or whenever the City is prohibited from completing the services for any reason. The City shall provide no less that ten (10) calendar days written notice of its intent to terminate the AGREEMENT for convenience and shall endeavor to provide the CONSULTANT with consultation with the City prior to termination. #9..
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6 Post-Termination Procedure
Upon receipt of a written notice of termination pursuant to either of the foregoing paragraphs, the CONSULTANT shall:
A. Cease its work as directed in the notice of termination as of the termination date and see to it that its employees, subconsultants and agents are notified of such termination and act as specified in the notice of termination;
B. Terminate all orders and subconsultants except as necessary to complete any portion of the work that is not terminated;
C. If directed in writing by the CITY to do so, assign all right, title and interest in subcontracts and materials in progress to CITY, in which case the CITY will have the right at its discretion to settle, or pay any or all claims arising out of the termination of such subconsultants, but in no event shall recovery by any CONSULTANT or subconsultant include lost profits for portions of the work not completed or undertaken, including materials not delivered; D. Deliver or otherwise make available to the CITY all data, drawings, specifications, reports, estimates, summaries and such other information and material as may have been accumulated by the CONSULTANT in performing the work whether completed or in process; E. Settle outstanding liabilities and claims, subject to the approval of CITY; F. Complete performance of such part of the work as has not been terminated; G. Take such other actions as may be necessary, or as may be directed by the CITY for the protection and preservation of the work and/or property related to the work; H. If CITY so requests, and at CITY's cost, CONSULTANT shall provide sufficient oral or written status reports to make CITY reasonably aware of the status of CONSULTANT's work on the project.
I. The CONSULTANT understands and agrees that CITY may, in CITY's sole discretion, refuse to pay CONSULTANT for that portion of CONSULTANT's services which were performed by CONSULTANT on the project prior to the termination date and which remain unacceptable and/or not useful to CITY as of the termination date.
CITY will pay CONSULTANT an amount based on the percentage of satisfactory work completed in accordance with the notice or termination. The final payment to the CONSULTANT after termination for convenience shall be limited to amounts due and owing under the AGREEMENT at time of termination, including the following:
J. The cost of settling and paying valid claims arising out of the termination of the work such as subconsultant AGREEMENTs or contracts for materials;
K. The AGREEMENT price allocable to the portion of the work properly performed, or goods supplied to the work site by the CONSULTANT as of the date of termination, as determined in #9..
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7 accordance with the notice of termination, reduced by any sums previously paid to the CONSULTANT.
Authorization to Terminate Agreement
Termination of the AGREEMENT may be invoked by the City Manager, or his/her designee, subject to the right of the CONSULTANT to appeal the City Manager, or his/her designee's, decision to the City Council. The CONSULTANT shall appeal by notifying the City Clerk in writing within ten (10) calendar days of receipt of written notification from City of termination of the AGREEMENT. In the event that termination of this AGREEMENT is upheld by the City Council, any cessation of payment of delay claims, extended claims, Eichleay claims, or any other claims for delay shall be retroactive to the date of termination selected by the City Manager, or his/her designee.
16. INDEMNITY.
If CONSULTANT is Design Professional performing design professional services, as defined in California Civil Code section 2782.8, CONSULTANT agrees to indemnify, defend, and hold harmless the CITY, its agents, officers, officials, employees and volunteers, from and against any and all claims, demands, costs, or liability that arise out of, or pertain to, or relate to the negligence, recklessness, or willful misconduct of CONSULTANT and its employees, officials, officers, agents or agents in the performance of services under this AGREEMENT, but this indemnity does not apply to liability for damages arising from the sole negligence, or willful misconduct of the CITY. The CITY agrees that in no event shall the cost to defend charged to the CONSULTANT exceed that CONSULTANT's proportionate percentage of fault. However, notwithstanding the previous sentence, in the event one or more defendants is unable to pay its share of defense costs due to bankruptcy or dissolution of the business, the CONSULTANT shall meet and confer with other parties regarding unpaid defense costs. This duty to indemnify shall not be waived or modified by contractual AGREEMENT or acts of the parties.
If CONSULTANT is not a Design Professional performing Design Professional Services, the CONSULTANT shall hold the CITY, its agents, officers, employees, and volunteers harmless from and save, defend and indemnify them against any and all claims, losses, liabilities, judgments or damages from every cause, including but not limited to injury to person or property or wrongful death, including reasonable costs and expenses of defense of any judicial or administrative action, arising directly or indirectly out of any negligent or intentional act or omission of CONSULTANT, or its agents, officers, officials, employees, or volunteers relating to or during the performance of its obligations under this AGREEMENT, except for claims arising from the sole negligence of the CITY.
CONSULTANT's obligation to defend, indemnify, and hold the CITY, its agents, officers, and employees harmless under the provisions of this paragraph is not limited to or restricted by any requirement in this AGREEMENT for CONSULTANT to procure and maintain a policy of insurance.
In the event that CONSULTANT or any employee, agent, or subcontractor of CONSULTANT providing services under this AGREEMENT is determined by a court of competent jurisdiction or the California Public Employees Retirement System (PERS) to be eligible for enrollment in PERS as an employee of CITY, CONSULTANT shall indemnify, defend, and hold harmless CITY for the payment of any employee and/or employer contributions for PERS benefits on behalf of CONSULTANT or its employees, agents, or subcontractors, as well as for the payment of any penalties and interest on such contributions, which would otherwise be the responsibility of CITY.
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8 17. DISPUTE RESOLUTION.
Venue for all claims, controversies, or disputes arising out of, or relating to the formation of this AGREEMENT, or the breach, termination execution, enforcement, interpretation, or validity of this AGREEMENT, including the determination of the scope or applicability of this AGREEMENT provision shall be in the Superior Court of Stanislaus County or the United States District Court for the Eastern District of California.
18. ATTORNEY'S FEES.
If a party to this AGREEMENT brings any action, including an action for declaratory relief, to enforce or interpret this AGREEMENT, the prevailing party shall be entitled to reasonable attorneys’ fees in addition to any other relief to which that party may be entitled. The court may set such fees in the same action or in a separate action brought for that purpose.
19. ENTIRE AGREEMENT.
This AGREEMENT and its exhibits contain the entire understanding between CONSULTANT and CITY. All previous proposals, offers and communications related to this AGREEMENT, whether oral or written, are hereby superseded except to the extent that they have been incorporated into this AGREEMENT. No future waiver of or exception to any of the terms, conditions, and provisions of this AGREEMENT shall be considered valid unless specifically agreed to in writing by all the parties.
20. PARTIAL INVALIDITY.
If any provision in this AGREEMENT is held by a court of competent jurisdiction to be invalid, void, or unenforceable, the remaining provisions shall nevertheless continue in full force without being impaired or invalidated in any way.
21. WAIVER.
The waiver by any party to this AGREEMENT of a breach of any provision hereof shall be in writing and shall not operate or be construed as a waiver of any other or subsequent breach hereof unless specifically stated in writing.
22. AUDIT.
The CITY's duly authorized representative shall have access at all reasonable times to all reports, contract records, contract documents, contract files, and personnel necessary to audit and verify CONSULTANT's charges to CITY under this AGREEMENT.
CONSULTANT agrees to retain reports, records, documents, and files related to charges under this AGREEMENT for a period of four (4) years following the date of final payment for CONSULTANT services. CITY's representative shall have the right to reproduce any of the aforesaid documents.
23. GOVERNING LAW.
This AGREEMENT shall be governed according to the laws of the State of California. #9..
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9 24. HEADINGS NOT CONTROLLING.
Headings used in the AGREEMENT are for reference purposes only and shall not be considered in construing this AGREEMENT.
25. COMPLIANCE WITH LAWS.
CONSULTANT shall insure compliance with all safety and hourly requirements for employees, in accordance with federal, state, and county safety and health regulations and laws. CONSULTANT shall fully comply with all applicable federal, state, and local laws, ordinances, regulations and permits.
26. CITY BUSINESS LICENSE.
CONSULTANT will have a City of Modesto business license.
IN WITNESS WHEREOF, the City of Modesto, a municipal corporation, has authorized the execution of this AGREEMENT by its City Manager and attested by its City Clerk under authority of Resolution No. 2026 - ______, adopted by the Council of the City of Modesto on the 28th day of April, 2026, and Terracon Consultants, Inc. has caused this AGREEMENT to be duly executed as of the Effective Date. #9..
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ATTACHMENT 1: DRAFT SCOPE OF WORK
1 GENERAL REQUIREMENTS
1. Prices shall be based on payment of the applicable prevailing wage for all worker classifications utilized to perform the tests.
2. Prices for testing services shall include, but are not limited to, the following:
a) Travel time
b) Specimen pick-up time
c) Report preparation and documentation time
d) Administrative and clerical support time
e) Final affidavit, including engineer’s stamp and signature
3. Additional tests not listed in Attachment 2 may be required. All requested tests shall conform to the requirements outlined in this proposal request and the executed agreement.
4. Where multiple California Test Methods (CTMs) are listed under a single line item, the Consultant shall provide pricing for the more expensive test.
NOTES – OVERTIME
Additional Costs Associated with Performing Testing Services During Overtime Hours
1. Overtime rates shall be calculated based on the difference between the employee’s total hourly prevailing wage rate (including fringe benefits and employer markup) and the applicable overtime rate.
2. Normal working hours are defined as 7:00 AM to 3:30 PM, Monday through Friday. o Services provided outside these hours during weekdays, and all services performed on Saturdays, shall be compensated at one and one-half (1.5) times the normal rate.
o Services performed on Sundays or recognized holidays shall be compensated at double (2.0) the normal rate, in accordance with the applicable State Labor Code.
3. Overtime rates are additions to the prices quoted in Attachment 2:
a) For most tests, the overtime rate shall be the standard per-test price plus the applicable overtime premium.
b) The overtime premium applies only to the portion of work performed during overtime hours. Laboratory testing conducted during normal working hours on samples collected during overtime shall not incur additional overtime charges. #9..
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ATTACHMENT 1: DRAFT SCOPE OF WORK
2 c) The cost for retrieving samples (e.g., for concrete testing or similar) is included in the per-test price listed in Attachment 2. When samples must be obtained outside normal working hours, the Consultant may invoice for the additional cost only for the time required to obtain and pick up the samples. The remaining compensation shall be billed at the standard per-test rate.
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EXHIBIT C: INSURANCE REQUIREMENTS FOR SERVICES
Consultant shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder and the results of that work by the Consultant, his agents, representatives, employees or subconsultants.
MINIMUM SCOPE AND LIMIT OF INSURANCE
Coverage shall be at least as broad as:
1. Commercial General Liability (CGL): Insurance Services Office Form CG 00 01 covering CGL on an “occurrence” basis, including products and completed operations, property damage, bodily injury and personal & advertising injury with limits no less than $1,000,000 per occurrence. If a general aggregate limit applies, either the general aggregate limit shall apply separately to this project/location (ISO CG 25 03 or 25 04) or the general aggregate limit shall be twice the required occurrence limit.
2. Automobile Liability: ISO Form Number CA 00 01 covering any auto (Code 1), or if Consultant has no owned autos, hired, (Code 8) and non-owned autos (Code 9), with limit no less than $1,000,000 per accident for bodily injury and property damage.
3. Workers’ Compensation: as required by the State of California, with Statutory Limits, and Employer’s Liability Insurance with limit of no less than $1,000,000 per accident for bodily injury or disease. (Not required if consultant provides written verification, it has no employees)
4. Professional Liability (Errors and Omissions) Insurance appropriates to the Consultant’s profession, with limit no less than $2,000,000 per occurrence or claim, $2,000,000 aggregate.
If the consultant maintains broader coverage and/or higher limits than the minimums shown above, the City of Modesto requires and shall be entitled to the broader coverage and/or the higher limits maintained by the consultant. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the City of Modesto.
Umbrella or Excess Coverage
The Consultant may use Umbrella or Excess Policies to provide the liability limits as required in this agreement.
This form of insurance will be acceptable provided that all of the Primary and Umbrella or Excess Policies shall provide all of the insurance coverages herein required, including, but not limited to, primary and noncontributory, additional insured, Self-Insured Retentions (SIRs), indemnity, and defense requirements. The Umbrella or Excess policies shall be provided on a true “following form” or broader coverage basis, with coverage at least as broad as provided on the underlying Commercial General Liability insurance. No insurance policies maintained by the Additional Insureds, whether primary or excess, and which also apply to a loss covered hereunder, shall be called upon to contribute to a loss until the Consultant’s primary and excess liability policies are exhausted.
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The insurance policies are to contain, or be endorsed to contain, the following provisions:
Additional Insured Status
The City of Modesto, its officers, officials, employees, and volunteers are to be covered as additional insureds on the CGL policy with respect to liability arising out of work or operations performed by or on behalf of the Consultant including materials, parts, or equipment furnished in connection with such work or operations.
General liability coverage can be provided in the form of an endorsement to the Consultant’s insurance with coverage equal to ISO form CG 2010. If Completed Operations endorsement is required, a separate endorsement equal to ISO form CG 2037 is required.
Primary Coverage
The Additional Insured coverage under the Consultant’s policy shall be “primary and non-contributory” and will not seek contribution from the City’s insurance or self-insurance and shall be at least as broad as CG 20 01 04 13. The City of Modesto does not accept endorsements limiting the Consultant’s insurance coverage to the sole negligence of the Named Insured.
Notice of Cancellation
Each insurance policy required above shall provide that coverage shall not be canceled, except with notice to the City of Modesto.
Waiver of Subrogation
Consultant hereby grants to City of Modesto a waiver of any right to subrogation which any insurer of said Consultant may acquire against the City of Modesto by virtue of the payment of any loss under such insurance.
Consultant agrees to obtain any endorsement that may be necessary to affect this waiver of subrogation, but this provision applies regardless of whether or not the City of Modesto has received a waiver of subrogation endorsement from the insurer.
Self-Insured Retentions
All Self-insured retentions must be disclosed to Risk Management for approval and shall not reduce the limits of liability. The City of Modesto may require the Consultant to purchase coverage with a lower retention or provide proof of ability to pay losses and related investigations, claim administration, and defense expenses within the retention. Any and all deductibles and SIRs shall be the sole responsibility of Consultant or subconsultant who procured such insurance and shall not apply to the Indemnified Additional Insured Parties.
Acceptability of Insurers
Insurance is to be placed with insurers with a current A.M. Best’s rating of no less than A:VII, unless otherwise acceptable to the City of Modesto.
Claims Made Policies (applicable to Professional Liability only) If any of the required policies provide claims-made coverage:
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1. The Retroactive Date must be shown and must be before the date of the contract or the beginning of contract work.
2. Insurance must be maintained, and evidence of insurance must be provided for at least five (5) years after completion of the contract of work.
3. If coverage is canceled or non-renewed, and not replaced with another claims-made policy form with a Retroactive Date prior to the contract effective date, the Consultant must purchase “extended reporting” coverage for a minimum of five (5) years after completion of work.
Verification of Coverage
Consultant shall furnish the City of Modesto with original certificates and amendatory endorsements or copies of the applicable policy language effecting coverage required by this clause and a copy of the Declarations and Endorsements Pages of the CGL and any Excess policies listing all policy endorsements. All certificates and endorsements are to be received and approved by the City of Modesto Risk Services before work commences.
However, failure to obtain the required documents prior to the work beginning shall not waive the Consultant’s obligation to provide them. The City of Modesto reserves the right to require complete, certified copies of all required insurance policies, including endorsements required by these specifications, at any time. City reserves the right to obtain a full certified copy of any insurance policy and endorsements. Failure to exercise this right shall not constitute a waiver of right to exercise later.
Subconsultants
Consultant shall require and verify that all subconsultant, or other parties hired for this work, purchase and maintain coverage for indemnity and insurance requirements as least as broad as specified in this agreement to the extent they apply to the scope of the subconsultant’s work with the same certificate of insurance requirements and naming as additional insureds all parties to this contract.
Special Risks or Circumstances
City of Modesto reserves the right to modify these requirements, including limits, based on the nature of the risk, prior experience, insurer, coverage, or other special circumstances.
Certificate Holder Address
Proper address for mailing certificates, endorsements and notices shall be:
City of Modesto
Attn: Risk Management
1010 10th Street
Modesto, CA 95354
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CITY OF MODESTO
COUNCIL AGENDA REPORT
DATE OF MEETING:
May 5, 2026
Date: March 18, 2026
TO: Mayor and City Council
THROUGH: Joseph P. Lopez, City Manager
FROM: DeAnna Christensen, Director of Finance
SUBJECT: Monthly Investment Report – February 2026
CONTACT: Calogero Maniscalco, Senior Financial Analyst
[email protected], 209-577-5219
DESCRIPTION:
Consider accepting the Monthly Investment Report for February 2026. (Funding Source:
Various Funds)
STRATEGIC PLAN ELEMENT:
This recommended action supports the City’s 2025-2026 Strategic Plan Goal H:
Achieve Long-Term Financial Sustainability.
BACKGROUND:
The City’s Finance Department submits a monthly investment report to Council and the City Manager. Attached are the February investment reports (see attachment list below) generated by Public Financial Management, the City’s investment advisor. Investments in the portfolio (attachment 4) are for the City of Modesto, Modesto Public Financing Authority, Community Facilities Districts, Tuolumne River Regional Park, Successor Agency to the Redevelopment Agency, and the Modesto-Ceres Fire Protection Agency Joint Powers Authority.
DISCUSSION:
It is the function of the Finance Department to deposit and invest funds in accordance with sound treasury management and to safeguard the principal and maintain the liquidity needs of the City. The purpose of the Monthly Investment Report is to keep the City Council and City Manager informed of the City’s investment portfolio. As shown in #10..
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City Council, May 5, 2026
Monthly Investment Report – February 2026