Bid Notice-Bridge Maintenance Status and Priority Study Project All-Inclusive Consulting Services.pdf

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Bridge Maintenance Status and Priority Study Project All-Inclusive Consulting Services

Engineering Services

92517

Project ID: 101656

Release Date: Thursday, July 9, 2026

Due Date: Tuesday, August 4, 2026 11:00am

Posted Thursday, July 9, 2026 8:29am

All dates & times in Pacific Time

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1. Introduction

1.1. Notice to Consultants

Dear Consultant:

The City of Modesto (City) is soliciting Request for Proposals (RFP) from qualified bridge consultants for the Bridge Maintenance Status and Priority Study Project All-Inclusive Consulting

Services for the City of Modesto. The purpose of the project is to establish a contract with a professional consultant for civil engineering services.

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1.2. Background

If you wish to be considered for this project, please electronically submit your Proposals through the City's OpenGov Procurement portal before 11:00 am on Tuesday, August 4, 2026.

Proposals received in any other format will not be accepted.

A selection committee will evaluate all submittals; however, the Request for Proposals (RFP) does not commit the City to award a subsequent Agreement for Consultant Services, to pay for any costs incurred in preparation or presentation of the Proposals, or to procure a contract for services.

Following the selection committee’s evaluation of submittals, interviews may be conducted, and your firm may be contacted to schedule an interview date. Afterwards, the City may select a consultant to proceed with this project. The selection considerations for evaluating the submitted documents are included in this Request for Proposals (RFP).

This Request for Proposals (RFP) contains specific instructions and requirements for preparing and submitting Proposals.

Due to scheduling, requests to meet with City staff to discuss this Request for Proposals (RFP) will not be considered.

The City of Modesto is planning to undertake bridge maintenance of all bridges under the jurisdiction of the City of Modesto over the upcoming years. To support these efforts, the City is seeking civil engineering services from bridge consulting firms with demonstrated experience in bridge maintenance projects. A consulting firm may be hired to perform initial maintenance priority reports, assist with project scopes, and may entail leading design of various maintenance plans for bridges.

2. Scope of Services

2.1. Description

This Request for Proposal (RFP) is for a consulting contract between the City of Modesto and Consultant.

The scope of services will consist of, but not limited to, preparing maintenance status reports and providing priority studies as determined based on initial tasks, the engineering design and preparation of plans, specifications and estimates for bridge maintenance project. The scope of services will also include, but not limited to, reviewing bridge inspection reports, conducting additional bridge inspections, providing bridge priority maintenance reports, design services, cost estimates, conducting necessary environmental studies, clearing NEPA and CEQA environmental requirements, obtaining State and Federal Permits and authorizations, securing any other relevant permits per Standard Environmental Standards (SER). Scope of Services shall also include obtaining all required right-of-way and easements, coordination with all relevant utility agencies, surveying, project management, and public outreach services if needed. Typical tasks to be provided would include, but are not limited to:

Condition Assessment of existing City bridge facilities.

Priority Study for bridge maintenance and cost estimates.

Coordination with various utilities and public agencies.

Locating existing utilities and coordination any necessary utility relocation.

Identification of required easements, right-of-way and/or construction permits.

Survey and/or Geotechnical Studies

Preparation of Basis of Design Report (BDR) or Preliminary Design Reports (PDR) at 35% and

Design submittals at 70%, 90%, and Final.

Consultant will omit 7th Street Bridge (bridge is currently under construction).

The scope of work presented herein has been developed with the goal of efficiently and expeditiously meeting Caltrans and FHWA requirements. This City project will follow all procedures as stated in the following and are required to be known by the consultant:

Knowledge of Caltrans procedures (Local Assistance Procedure Manual(LAPM)/Local

Assistance Procedure Guidelines (LAPG)/ Head Quarters (HQ)/ American Association of State

Highway and Transportation Officials (AASHTO))

Effective communication with City of Modesto and other stakeholders

Anticipate and respond to issues before they become problems

Management and design efficiency with time and cost savings to City

All civil engineering work must be directed by and under the direction of a Civil Engineer licensed in the State of California. All drafting work must be done in AutoCAD with a minimum 2018 version.

This RFP does not identify specific tasks. The consultant must be knowledgeable and experienced in all areas associated with the effective delivery of the project scope. The consultant must develop appropriate Scope of Services that will meet all requirements necessary to deliver this project with minimal involvement from the City. The City’s All-Inclusive Consulting Services for the Bridge

Maintenance Status and Priority Study Project includes, but are not limited to the following:

Review Caltrans Bridge Reports

Additional inspection of individual bridges if needed

Performing a Feasibility Study for prioritizing maintenance

Preparing plans

Preparing specifications

Preparing Engineers Estimates

Bidding and Construction Support

Other comprehensive engineering services as required

Optional items:

Advanced Technical Studies

Right-Of-Way Services

Utility Design, Coordination and Relocation Services

Environmental Clearance

Other tasks as needed for project delivery

3. Submittal Requirements

3.1. Requests for Clarifications, Corrections or Modifications

It is the policy of the City of Modesto (when not prohibited by the funding source) that, all other factors being equal, local firms whose qualifications are satisfactory and who have sufficient experience and capabilities for providing the necessary professional services shall normally be given priority in being considered for employment by the City. The location of any sub-consultant firms proposed by the consultant will also be considered when applying this policy.

For the purpose of clarity for this RFP, “local consultants” shall mean consultants who have maintained offices with full-time staff within Stanislaus County for at least 12 months prior to the deadline for submitting the Proposal.

For firms where this criteria is in question, the consultant shall supply a signed statement verifying the name of the full-time staff and the length of time that they have occupied the local office as their primary place of business. Please include a signed statement as an attachment to the Proposal.

Any requests for clarifications, corrections or modifications of this Request for Proposals (RFP) shall be submitted through the Question & Answer section of this Request for Proposals (RFP) on the

City's OpenGov Procurement portal:

https://procurement.opengov.com/portal/modestogov/projects/266807 before 4:00 pm on

Tuesday, July 28, 2026. Responses from the City will be communicated in writing with all responses provided to all approved questions posted publicly and as an addendum, if needed. The City of

Modesto reserves the right to reject any Proposals that contains unauthorized conditions or exceptions.

https://procurement.opengov.com/portal/modestogov/projects/266807

3.2. Submittal Due Date

3.3. Agreement

3.4. Conflict of Interest/City Business License

Proposals must be submitted through the City's OpenGov Procurement portal prior to 11:00 am on

Tuesday, August 4, 2026. Proposals received after the above specified date and time or in a manner other than as stated above will not be considered.

Cost proposals shall be submitted as a separate file if stated in this Request for Proposals

(RFP). An upload area stating such will be made available within this Request for Proposals

(RFP) on the City's OpenGov Procurement portal. If such a requirement is noted in this Request for Proposals (RFP), no cost information should be present in the other uploads you provide unless otherwise specified within this Request for Proposals (RFP). Before submitting the file, make sure to review the file to avoid submitting duplicate files.

Following interviews (should they be deemed necessary) negotiations will begin with the firm deemed most qualified. If agreement cannot be reached in negotiations, the City will begin negotiations with the firm that is judged to be next most qualified. If the City determines to approve the agreement, a City of Modesto Standard Agreement shall be sent to the successful firm for signature. If an agreement is reached, the Standard Agreement will be presented to Council for approval. Once City Council has approved the Standard Agreement, the agreement will be executed by the City. No Proposals shall be binding upon the City until after duly authorized representatives of both the firm and the City have signed the Standard Agreement. The City shall have the sole authority to terminate negotiations with any firm at any time without recourse by the firm. The approval of the agreement, if made by the City, will be based on a total review and analysis of each Proposals and any interviews deemed necessary.

A sample City of Modesto Standard Agreement is included for your reference (Pages 15-24).

Please review the sample agreement carefully with your legal and/or insurance representative.

Firms are REQUIRED to submit any questions, concerns or language change requests regarding this agreement in writing as a part of their Proposals. Firms choosing not to submit any questions, concerns, or language requests, in writing, as part of their Proposals are assumed to agree with the agreement in its entirety, as written, with no exceptions.

The City requires that the firm’s Principal file a Statement of Economic Interest Form 700 with the

City to the satisfaction of the Fair Political Practices Commission (FPPC) when the firm provides information, advice, recommendations or counsel to the City. Before the City enters into an agreement for services with the selected firm, the Principal will be required to report individual economic interests within the City of Modesto on the following:

1. Real Property Interest (geographically limited)

2. Sources of Income

3. Business Positions

4. Business Investments

The selected firm is also required to submit a completed and signed Financial Interest Disclosure

Form and will have a City of Modesto business license.

4. Contents and Requirements

1. Cover Letter

Upload a cover letter that satisfies the following requirements:

The cover letter should introduce the firm and the engineering design team that highlights key attributes of the required civil engineering and drafting services, the team's approach toward engineering design, and the firm’s commitment to provide services to the City of Modesto.

2. Firm Relevant Experience

The City is seeking Proposals as one single package from interested local consulting firms that demonstrate experience and understanding in civil engineering services for bridge, roadway and intersection design.

The selected firm must demonstrate adequate resources to provide professional services for performing bridge inspections, priority studies and maintenance priority.

Consultant must follow Caltrans Local Agency Procedure Manual (LAPM) by submitting material focused on technical content that demonstrates experience and understanding in bridge, roadway, intersection design and the availability of the firm and its team to commit to the project.

Each proposal must include the information described in this section. Failure to include all the elements specified may be cause for rejection. Additional information may be provided but should be succinct and relevant to the goals of this RFP.

To simplify comparisons during evaluation, information submitted shall be provided in the order listed in this Request for Proposals (RFP).

Each submittal shall include the following information:

Provide a summary of the firm's experience with similar projects. The summary should include examples of related projects (maximum of three (3) projects), including dates and brief descriptions of the projects. Include references for the projects stated in your summary, including contact person and phone number and a brief description of the project that clearly demonstrates your firm’s abilities.

Describe your firm’s past record on controlling costs, quality of work and established scheduled by citing at least three (3) examples (the same projects as described above can be cited if applicable) of comparable projects. Identify client and project name estimate, actual project cost, original project schedule and completion time of project.

3. Prime Consulting and any Sub-Consulting Firms

For the prime consultant, and any sub-consulting firms, provide the following information:

Names of principals indicating experience, background, academic training, and where registered.

Length of time in business Office address(es) from which services will be supported, percentage of work, and/or category of work to be performed in each office.

Facilities and manpower of the office(s) in which the work will be performed.

List of experience for a maximum of five (5) completed major projects. Include, at a minimum, the following information:

o Brief Description of Project (Including type, size, and construction cost) o Agency Location & Service Area o Scope & Fee of Consulting Services Provided o Completion Date o Key issues and challenges, and how they were resolved.

o Name, address, and phone number of knowledgeable owner/client representative.

o Any other information that highlights the firm’s experience may also be indicated, including unique challenges or characteristics of the particular project.

Specialty areas addressed and sub-consultant involvement.

4. Project Manager or Managers

The firm's Project Managers (PMs) are defined to be the individuals within the prime consultant’s firm who are directly responsible for and engaged in leading the required design services. The PMs must be knowledgeable and experienced in all aspects of the services performed.

The Proposal shall include the following information demonstrating the PM’s knowledge, experience, and availability:

Name and title, years of experience with the prime consultant’s firm, and years of experience with other firms.

Education, degree(s), and specializations.

Active professional registrations, certifications, and/or professional association involvement.

Representative experience for not more than five (5) recently completed projects, similar in scope. In addition, provide information on all projects that are currently in progress to which the PM is committed:

Owner, project description (including size), location, and completion date. If project is in progress, provide estimated completion date and level of commitment.

Name, address and phone number of knowledgeable owner representative.

Firm with which the individual was employed during project experience.

Consultant services for which the individual was employed during project experience.

Consultant services for which the individual was directly responsible; service/functions directly performed by individual (not just job title).

5. Project Engineer & Other Key Project Staff - Limit to 4 Individuals

Project Engineer and other key personnel shall have engineering design experience in the related category of the capital improvement project. Provide for each individual:

Name and title, years of experience with the prime consultant’s firm, and years of experience with other firms.

Specific project responsibility and functions to be performed.

Education, degree(s), specializations.

Representative experience for not more than three (3) recently completed projects similar in scope to the design services requested. In addition, provide information on all projects that are currently in progress to which the team members are committed:

Owner, project description (including size), location, and completion date. If project is in progress, provide estimated completion date and level of commitment.

Name, address, and phone number of knowledgeable owner representative.

Firm with which the individual was employed during project experience.

Consultant services for which the individual was directly responsible; service/functions directly performed by individual (not just job title).

6. Scope of Services

The proposal should contain a scope of services that demonstrates the requisite knowledge and experience and addresses anticipated requirements. It must include all required tasks, as either proposed or optional services, as well as describe the methodology to be used, specific work to be performed, outcomes, and work products. The scope of services must not show any fees.

Included with the scope of services, the consultant must provide the City with an outline of all tasks.

The consultant must be knowledgeable and experienced in the substantive and procedural requirements for applicable environmental, and project permitting.

7. Risk Matrix (optional)

The proposal may include a risk matrix for the project. As relevant studies are developed for this project, it is possible that discoveries might be made that would require the consultant to perform additional work for this project. Therefore, with this proposal, the Consultant can include a risk matrix that identifies potential risks and analyzes them as to cost, scope and schedule impacts.

In terms of environmental work, the Consultant is to submit a proposal based on the level of environmental assessment anticipated to be required by Caltrans should the project require environmental review. An anticipated NEPA level is a Categorical Exemption. However, the consultant shall provide a strategy in case a higher level of environmental determination is discovered to be required for the project. For purposes of this proposal, the consultant is to make reasonable assumption as to the level of environmental assessment and provide an explanation for their choice.

The environmental sub-consultant shall follow the Caltrans Standard Environmental Reference (see www.dot.ca.gov/ser).

8. Additional Information

Provide any additional information supporting your firm’s qualifications for the engineering design services required at end of proposal.

9. Required Attachments

Any documents that contain pricing information must be separate from the Proposal. If selected as the highest ranked firm, the City will then unseal and review that firm’s fee schedule. If negotiations with the highest ranked firm are formally terminated the cost proposal from the next highest ranked fees are then reviewed. The cost proposal must separate the project into functional tasks and provide the associated fees/costs that define the work to be accomplished.

9.1. Proposal (without Cost)*

Please upload your Proposal here formatted in the manner required by this Request for Proposals (RFP). This upload here should NOT INCLUDE any pricing information as that will be uploaded separately.

*Response required

9.2. Separate Cost File - Initial Quote for Services*

Please upload a quote for the initial required scope of services here. The quote should provide fixed costs for the specific scope of work as it pertains to reviewing bridge inspection reports, conducting additional bridge inspections, and providing bridge priority reports.

This information should not be part of your main proposal upload which is why it is requested separately here.

*Response required

9.3. Exhibit 10-H2 Cost Proposal - Fee Schedule*

Please include a breakdown of your pricing information here per the Scope of Services requirements as it pertains to any additional tasks that are anticipated to be required beyond initial quote. This information should not be part of your main proposal upload, which is why it is requested separately here.

Please download the below documents, complete, and upload.

The Cost Proposal shall include hourly rates for staff and unit prices for various tasks for this project.

The Cost Proposal must identify all key employees and or classifications to be billed. New key employees and or classifications must be approved by the City before they incur work on the contract, or the costs can be questioned or disallowed. Sub-consultant fees must be clearly indicated (if applicable) and tabulated in a separate column in the fee proposal table. See attached Exhibit 10- H2 Cost Proposal for “Sample Cost Proposal”.

https://www.dot.ca.gov/ser

Exhibit_10-H2_COST_PROPOSAL.docx

*Response required

9.4. Submittal Confirmation*

Consultant hereby certifies that all information provided within this submittal is accurate to the best of their knowledge and acknowledges that they have provided proof of their authority to submit a Proposals on behalf of the stated Company Name committing them to the information contained within said submittal.

By checking the "please confirm" box below, you certify the above statement.

*Response required

9.5. Financial Interest Disclosure*

Please download the below documents, complete, and upload.

Financial_Interest_Disclosure_Form_RFP_(4).pdf

*Response required

9.6. California Levine Act Disclosure*

Please download the below documents, complete, and upload.

Modesto_Levine_Act_Statement_Form.pdf

*Response required

Please confirm

5. Selection Process

1. Proposed Scope of Services The two key criteria in determining the point ranking in this category are ‘Project Understanding’ and ‘Project Approach’. Project Understanding will be measured by the consultant’s demonstrated understanding of the project’s scope of services and the recognition of potential issues warranting special effort and/or concern. The consultant’s Project Approach will be evaluated by the completeness of the proposed work plan in addressing the scope of services, including full coverage of the project’s data needs and technical evaluations.

Proposals will be evaluated by the Selection Committee and, if a clear selection cannot be made based on scoring of Proposals alone, proposing firms will be invited to an interview with the Committee. The Committee will rank the firms based upon an evaluation of the Proposals and any interviews deemed necessary. Negotiations will begin with the firm deemed most qualified. If agreement cannot be reached in negotiations, the City will begin negotiations with the firm that is judged to be next most qualified.

Proposals and any interviews deemed necessary will be evaluated on the following grading criteria:

https://government-project.s3.us-west-2.amazonaws.com/266807/07b7ca8b-86be-4d92-b03f-be447d2c1b2c_Exhibit_10-H2_COST_PROPOSAL.docx https://government-project.s3.us-west-2.amazonaws.com/124319/7c5bedcd-22b3-4ee5-b170-21b33dee1102_Financial_Interest_Disclosure_Form_RFP_%284%29.pdf https://government-project.s3.us-west-2.amazonaws.com/124319/ef4b3737-48c2-48d8-9b05-c444bd10a7e0_Modesto_Levine_Act_Statement_Form.pdf?X-Amz-Algorithm=AWS4-HMAC-SHA256&X-Amz-Content-Sha256=UNSIGNED-PAYLOAD&X-Amz-Credential=ASIA47RIURE4BYAFTTAP%2F20260710%2Fus-west-2%2Fs3%2Faws4_request&X-Amz-Date=20260710T182514Z&X-Amz-Expires=72000&X-Amz-Security-Token=IQoJb3JpZ2luX2VjEPH%2F%2F%2F%2F%2F%2F%2F%2F%2F%2FwEaCXVzLXdlc3QtMiJGMEQCIAzc8qYYtkiCRlc31dytzNVivXM2y0Sa76Nz7WwCHRUGAiA3gWlep%2BBoduLcejrWwzSgOQwAlKxBTZaOc58qk%2FivpSqOBQi6%2F%2F%2F%2F%2F%2F%2F%2F%2F%2F8BEAIaDDg5MjM2NDY4NzY3MiIMzoITenSHMETvMXv0KuIEMAWTPb3ouJXVGmCoSOu1MyS8C18cno5dOxFj8j0zuulTcp%2BGUr4c6Z7OVg%2FitVZH80An6qU%2BUWCl9oTCuOyamPEm6DG7L9fZKY7Y6%2F6bCWeME9fEv%2FZc5yRonsF4%2BrBuqv0yZWW9L8SiAbfYwONrETRUE63Q797fu08J0u0iIZXoQ8Hig4ry%2BHN%2BlhSOGQnFI83MmiZFgJ8bAGNFXiAlpN3qnO7mLT%2F%2BL%2B2hSaTCIBTcFLym%2BcwVJxZdguog7JFZ7TuZxoN32rQ6BCyha3SzXEIDFn5Jf%2FvZBSwn6jT7BvSKN5lRBTpPjPk8LkxVDWL07Hmssm%2B9uKx4sZfweOfheVHDaSYEZsnnwdpdEk7mkpn5xOwHnhu66ENjQrMUY6hViiqRaD5xurJANUvuliEIvFb151QHAl7%2FiWhiC4mTRLxSlza%2BZJXx4KLW%2F2fZh%2ForQESdUneUwP9zjSIOCFYxNOmmiX1QkZsZQmcMQg3ZqZWXLgisPBO31S3pkJVCh5vcAk0g931mKL6yqesiOm9Go6sZ2vja%2FDV7L80fYV6%2FJJCA0RBvajemy79C8y0Rl5BMItE7c9BbkokRutJONnBC41QEEigiMovQ4x024XPFM4Alj6O4c3U6jFppsLMmQES5kmlofMmeg%2FEz6XKwUkFhmwKKw6q9ki4nQxLdIQI81hKMm%2FSyBLOfG43zShxIm%2BGhLCFofng53RNm94pc7Y5utz8%2BnqN2Fd%2BkkP6K0wSGiBd6LaUh6FZV%2BK2jq9Z3%2F93L83fJnoC04228NUyXaoRuS%2B3o8Zyk7nfjuDP0moV3%2FbqTLzCmy8TSBjqaATArUCQCC90x405AgBdCrn37ljTYVSxyuFoakpmp68mLSjG1adyJNOfs6tU1Uw7AcuVoFPVep5BhFFCU0zYhEcz5Qm2n%2BClY7mKm5bH7t4Dqk1vMKVtbwF3VE7%2BGOtDG94CWajJrqYs0bHrkidDLLMkmVBRtAalFwWc5mpb09d8ieDCGvaHSmlewW3qQkMEN2pCfcZsgWvadD1I%3D&X-Amz-Signature=7b77eae8f11fd9e8b9e61fab996c3b786e082284c9af6d0b91df9ee1a07d9035&X-Amz-SignedHeaders=host&response-content-disposition=attachment%3B%20filename%3D%22Modesto_Levine_Act_Statement_Form.pdf%22&x-id=GetObject

Scoring Method:

Points Based Weight (Points):

45 (45% of Total)

2. Project Team and Experience The consultant’s proposed project team (including sub-consultants) will be evaluated by the various team members’ organizational ability, time management skills, areas of specialization, ability to produce quality work products, availability, and demonstrated experience in related projects over the last five (5) years.

Scoring Method:

Points Based Weight (Points):

35 (35% of Total)

3. General Location of firm in relation to City of Modesto.

Size of firm and available staff appropriate to required services.

General comprehension of the potential assignments and responsiveness to the design service requirements.

Demonstrated understanding of community economic and social relationships, such as citizen and environmental concerns, energy conservation, ecological and economic considerations.

Firm reputation as it relates to principles, credibility, and attitude.

Scoring Method:

Points Based Weight (Points):

15 (15% of Total)

4. Local Sub-Consultant Involvement If appropriate for the scope of services, consultants will be evaluated on the inclusion of local sub-consultants on the team and the anticipated percentage of work to be performed by local sub-consultants. Local sub-consultants are defined as having a business office in Stanislaus County.

Scoring Method:

Points Based Weight (Points):

5 (5% of Total)

6. Rights of the City of Modesto

The City will evaluate all submittals, but this Request for Proposals (RFP) does not commit the City of Modesto to approve an agreement, to pay for any costs incurred in preparation or presentation of a Proposals, or to procure an agreement for services. The City reserves the right to:

Make the selection based on its sole discretion;

Accept or reject any and all Proposals, or any item or part thereof, or to waive any informalities or irregularities;

Withdraw this Request for Proposals (RFP) at any time without prior notice, and the City makes no representations that any agreement will be approved with any firm responding to this Request for Proposals (RFP);

Issue subsequent Request for Proposals (RFP);

Postpone Proposals opening for its own convenience;

Approve or disapprove the use of particular subconsultant;

Negotiate with any, all, or none of the firms submitting a Proposals;

Enter into an agreement with another firm in the event the originally selected Proposer defaults or fails to execute an agreement with the City.

7. Project Schedule

RFP/RFQ Posted: July 9, 2026

Requests for Clarifications, Corrections or

Modifications:

July 28, 2026, 4:00pm

Proposals/Statement of Qualifications Due: August 4, 2026, 11:00am

Committee Review Complete *: September 2026

Consultant Interview, if needed *: October 2026

Council Approval *: TBD

Notice to Proceed *: TBD

*Dates subject to change

Thank you in advance for your interest in our project.

Sincerely, Valeria Martinez, EIT

Assistant Engineer / Engineering Services Department vmartinez@modestogov.com

(209) 571-5537 mailto:vmartinez@modestogov.com

8. Selection Protests

1. An interested party wishing to protest or appeal a decision to select a Proposals and consultant for an agreement for professional services by the City of Modesto must follow these procedures. Protests or appeals, which are not submitted in accordance with these procedures, will not be reviewed.

2. A protest to an announced decision to select a Proposals and consultant for an agreement for professional services must be filed no later than 10 business days after an Announced Decision is provided.

3. Protests are to be delivered to the following address: City of Modesto, Office of the City

Clerk, 1010 Tenth Street, Suite 6600, Modesto, California, 95354. Attn: Director of

Engineering Services

4. For the purposes of the Protest Procedures, the following terms are defined:

a. “Filing Date” or “Submission Date” means the date of receipt by the City Clerk of the City of Modesto

b. “Interested Party” means an actual or prospective proposing consultant, or any sub-consultant identified by name in any bid.

c. “Proposal” includes the term “offer” or “proposal” in the context of formal procurements.

d. “Announced Decision” means that notifications (either written or electronic) of selection or non-selection have been provided to consultants that have submitted a proposal. The date of notification shall be the date of the decision.

e. “Days” means working days in which City Hall is open for business, excluding holidays and weekends.

5. PROTEST PROCEDURES

a. Any interested party must file a written protest to an announced decision to award a contract with the City Clerk no later than 10 business days after the

Announced Decision.

b. Protestors may be represented by legal counsel at their own expense if they wish.

c. The protest shall be accompanied by a certified check or cashier’s check in the amount of $100, (EXCEPT FEDERALLY FUNDED PROJECTS), made payable to the

Clerk of the City of Modesto. Protests filed without the requisite fee will not be reviewed.

d. The protest filed with the City Clerk shall:

i. Include the name, address, and business telephone number of the protestor;

ii. Identify the project under protest by name, and proposal due date;

iii. Contain a concise statement of the grounds for protest;

iv. Include all supporting documentation, if any. Documentation submitted after filing will not be reviewed.

6. PROTEST REVIEW (ANNOUNCED DECISION)

a. Protest to Director of Engineering Services

b. Upon receipt of a protest, the Director of Engineering Services, or designee, shall review all the submitted materials and shall create and retain a written record of the review. The Director of Engineering Services, or designee, shall respond at least generally to each material issue raised in the protest no later than 10 business days after City Clerk’s receipt of the protest. Notice of the Engineering

Services Director’s, or designee’s, decision may be given by telephone, email, facsimile machine, in person, or by U.S. Postal Service.

c. Appeal to Deputy City Manager

i. The Engineering Services Director’s, or designee’s, decision may be appealed in writing to the City of Modesto’s Deputy City Manager no later than 10 business days after Notice of Decision is sent to the protestor. The

Deputy City Manager shall review the appeal, accompanying supporting documents, if any, and the written record of the protest review by the

Director of Engineering Services, or designee.

ii. A written record of the Deputy City Manager’s review shall be created and maintained. The Deputy City Manager shall give notice in writing of his or her decision to the protestor within 15 business days after City Clerk’s receipt of appeal.

d. Appeal to City Council

i. Any protestor excepting to the decision of the Deputy City Manager may appeal in writing to the City Council by filing with the City Clerk a written notice of such appeal no later than 15 business days after receipt of the

Deputy City Manager’s decision. The City Clerk will schedule the protest for Council hearing and give notice of the time and place of the hearing as provided in Modesto Municipal Code Sections 1-4.01 through 1-4.05.

ii. The City Council is the highest authority of the City of Modesto. It is possible that the City Council may reverse the decision of any City staff member at the hearing. After City Council review and decision, no internal appeal is possible.

9. Sample Standard Agreement for Consultant Services

9.1. Scope of Services

9.2. Term of Agreement

THIS AGREEMENT, made and entered into in the City of Modesto, State of California, this _____ day of ______________, 20___, (“Effective Date”) by and between the CITY OF MODESTO, a municipal corporation of the State of California, hereinafter referred to as "City", and (CONSULTANT), a California corporation, hereinafter referred to as "Consultant".

This Agreement is made with regard to the following recitals:

A. The City has determined that an _____________________ should be prepared for the City to _________________________.

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

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

Consultant shall undertake and complete the preparation of the scope of work as set forth and described in the documents attached hereto and referred to as Exhibit (A) or "project". The

Consultant shall perform the services as described in Exhibit (A) in a manner compatible with the standards of its profession and shall produce a fully complete project that is acceptable to City.

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

Consultant shall undertake and complete the preparation of the scope of work as set forth and described in the documents commonly referred to as “project” attached hereto as Exhibit (A) and made a part hereof. City hereby gives Consultant notice to proceed with the preparation of the project in the manner described in Exhibit (A), as of the Effective Date of this Agreement.

Consultant shall diligently proceed with the preparation of the project and agrees to complete said preparation within the time period set forth in Exhibit (A).

9.3. Compensation

9.4. Obligations of Consultant

Consultant agrees to accept a sum not to exceed $__________ (maximum compensation) as full remuneration for performing all services and furnishing all staffing and materials for CITY in accordance with Exhibit (A) attached hereto and for performance by Consultant of all of its duties and obligations under this Agreement, except that additional services may be compensated as described below.

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

CITY shall pay CONSULTANT on a time and materials basis for CONSULTANT’s actual costs for all work called for in Exhibit (A) to this AGREEMENT. All work to be performed under this AGREEMENT shall be billed at the hourly rates set forth in Exhibit (B) attached hereto. CONSULTANT shall submit monthly invoices to CITY which include detailed tasks, hours worked, and billable rates for all work completed, and detailed receipts for any reimbursable expenses paid by CONSULTANT and identified in Exhibit (B) or approved by the CITY in writing. 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-Directive-12.

Additional services may be authorized by the City Manager in an amount up to, but not to exceed

10% of the agreed maximum compensation, or $_________. In the event that additional services are deemed necessary, the Consultant shall provide a written request to the City Manager indicating the reason for additional work, scope and cost of such work. The City Manager shall provide a written response to the request, either approving or denying the additional expenditure.

If additional services are requested and approved, they will be billed at the hourly rates set forth in

Exhibit (B) and may not exceed the amount requested and approved in writing by the City Manager.

In that event, the new total compensation shall not exceed $_________. If additional services in excess of this amount are deemed necessary by City Staff, an amendment to this Agreement will be required and must be approved by the City Council prior to commencing the work, as provided in

Paragraph 9 of this Agreement.

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 https://www.modestogov.com/DocumentCenter/View/24156/Citys-Administrative-Directive-12

9.5. Performance by Key Employee

9.6. Ownership of Documents/Title to Data

9.7. News and Information Release

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.

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

____________ percent (____%) or more of the time to be devoted to the project that is the subject of this Agreement will be that of the above-named person.

Ownership of Documents

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

Title to Data

If, as a part of the Agreement, Consultant is required to produce data such as, but not limited to, drawings, plans, specifications, calculations, models, flow diagrams, visual aids and other related materials, the originals of all such data generated under this Agreement will be delivered to City upon the completion or termination of services under the Agreement.

All materials, documents, data or information obtained from the City data files or any City medium furnished to Consultant in the performance of this Agreement will at all times remain the property of the City. Such data or information may not be used or copied for direct or indirect use by

Consultant after termination of this Agreement without written consent of the City.

9.8. Conflict of Interest

9.9. Amendments

9.10. Independent Contractor

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.

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.

Both parties to this Agreement understand that it may become desirable or necessary during the execution of this Agreement, for City or Consultant to modify the scope of services provided for under this Agreement. Any material extension or change in the scope of work shall be discussed with City and the change and cost shall be memorialized in a written amendment to the original

Agreement prior to the performance of the additional work.

Until a change order is so executed, City will not be responsible to pay any charges Consultant may incur in performing such additional services, and Consultant shall not be required to perform any such additional services.

All acts of Consultant, its agents, officers, and employees and all others acting on behalf of

Consultant relating to the performance of this Agreement, shall be performed as independent contractors and not as agents, officers, or employees of City. Consultant, by virtue of this

Agreement, has no authority to bind or incur any obligation on behalf of City. Consultant has no authority or responsibility to exercise any rights or power vested in the City. No agent, officer, or

9.11. Assignment

employee of the City is to be considered an employee of Consultant. It is understood by both

Consultant and City that this Agreement shall not under any circumstances be construed or considered to create an employer-employee relationship or a joint venture.

Consultant, its agents, officers and employees are and, at all times during the terms of this

Agreement, shall represent and conduct themselves as independent contractors and not as employees of City.

Consultant shall determine the method, details and means of performing the work and services to be provided by Consultant under this Agreement. Consultant shall be responsible to City only for the requirements and results specified in this Agreement, and, except as expressly provided in this

Agreement, shall not be subjected to City's control with respect to the physical action or activities of the Consultant in fulfillment of this Agreement. Consultant has control over the manner and means of performing the services under this Agreement. Consultant is permitted to provide services to others during the same period service is provided to City under this Agreement. If necessary, Consultant has the responsibility for employing 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 Consultant and not an employee of City neither the Consultant or Consultant's assigned personnel shall have any entitlement as a City employee, right to act on behalf of the City in any capacity whatsoever as an agent, or to bind the City to any obligation whatsoever.

It is further understood and agreed that Consultant must issue W-2 forms or other forms as required by law for income and employment tax purposes for all of Consultant's personnel.

As an independent Consultant, Consultant hereby indemnifies and holds City harmless from any and all claims that may be made against City based upon any contention by any third party that an employer-employee relationship exists by reason of this Agreement.

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.

9.12. Patent/Copyright Materials

9.13. Notices

9.14. Insurance Requirements

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.

Notice required by this Agreement shall be given in writing and shall be deemed given and effective upon receipt provided that such are delivered in accordance with the provisions of this Section.

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

Section:

FOR CONSULTANT: Name:

Address:

Attention:

Phone:

Email:

CITY: Name:

Address:

Phone:

Email:

City of Modesto

P.O. Box 642

Modesto, CA 95353

(209)

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

9.15. Termination of Agreement

responsible for uploading updated insurance documentation to the City's "PINS Advantage" program.

Termination by City for Default of Consultant

Should Consultant default in the performance of this Agreement or materially breach any of its provisions, at its option, City may terminate this Agreement by giving written notification to

Consultant. The termination date shall be the effective date of the notice. For the purposes of this section, material breach of this Agreement shall include, but not be limited to, any of the following:

failure to perform required services or duties, willful destruction of City's property by Consultant, dishonesty or theft.

Termination by City for Convenience

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

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 of termination. The final payment to the Consultant after termination for convenience shall be limited to amounts due and owing under the Agreement at time of termination, including the following:

a. The cost of settling and paying valid claims arising out of the termination of the

Work such as subconsultant Agreements or Agreements for materials;

b. The Agreement price allocable to the…