Bid Notice-Professional Land Surveying and Map Checking Services.pdf

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Professional Land Surveying and Map Checking Services

Engineering Services

91140

Project ID: RFQ 2026-03

Release Date: Wednesday, June 24, 2026

Due Date: Friday, July 24, 2026 11:00am

Posted Wednesday, June 24, 2026 2:28pm

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 Qualifications (RFQ) for Professional Land

Surveying and Map Checking Services for the City of Modesto. The purpose of the work is to establish an on-call list of professional consultants to provide land surveying and/or map checking services. The Engineering Services Department's current prequalified list is set to expire on July 11, 2026..

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1.2. Background

If you wish to be considered for this work, please electronically submit your Statements of

Qualifications through the City's OpenGov Procurement portal before 11:00 am on Friday, July

24, 2026. Statements of Qualifications received in any other format will not be accepted.

A selection committee will evaluate all submittals; however, the Request for Qualifications (RFQ) 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 Statements of Qualifications, 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 work. The selection considerations for evaluating the submitted documents are included in this Request for Qualifications (RFQ).

This Request for Qualifications (RFQ) contains specific instructions and requirements for preparing and submitting a Statements of Qualifications.

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

The City of Modesto will be undertaking various land surveying projects over the coming years. To support these efforts, the City is seeking professional services for land surveying and map checking. Consultant firms may be retained on an as-needed basis, as set forth in the scope of services. It is anticipated that multiple consultants will be asked to enter into a multi-year agreement with the City to perform the requested services. The City proposes that a total of three

(3) consultants will be contracted for these services with an annual not to exceed amount of

$150,000.

2. Scope of Services

2.1. Land Surveying and Map Checking Services

The City of Modesto land surveying and capital improvement projects include the design and construction of pipelines, roadways, storm drain systems, sanitary sewer lift stations, water well pump stations, water storage tanks, drainage basins, buildings, and wastewater treatment facilities.

To support these projects and land development, the City may require professional land surveying and map checking services. Typical services can include:

GPS Control Surveys Boundary and Right of Way Surveys Preparation of Records of Survey, Parcel Maps, Lot Line Adjustments and Legal Descriptions/Plats Topographic and Base Mapping Construction staking Aerial & Lidar Mapping Monument Preservation Review and provide comments for Parcel Maps, Lot Line Adjustments and Easements

All surveying work must be prepared by, or performed under the direction of, a person authorized to practice Land Surveying in the State of California.

The preliminary scope of services to be provided from the pre-qualified list of local firms will generally include land surveying and map checking as requested in support of capital improvement projects and other land surveying projects. Deliverables may include topographic maps, records of survey, resolved boundaries, plats/legal descriptions, and construction staking documents. The firm must submit all CAD deliverables in AutoCAD Civil 3D 2018 format or newer. Normal design timeframes will vary based upon project schedules. The work may also include:

Peer review services Coordination with other design disciplines Coordination with various utilities and public agencies Participation in public meetings and/or workshops

Consultant agrees to provide land surveying and map checking/signing services on an on-call, as needed basis as requested by the City. Consultant will provide these services in a prompt, professional manner in accordance with the standards of the engineering/surveying profession and the City of Modesto Standards. All work shall be completed to the satisfaction of the City Engineer.

The City will hire firms on an as-needed basis and will notify an on-call survey consultant when services are required for a specific project.

The land surveying and map checking services being performed pursuant to this Agreement are as follows:

Map Checking

A. Consultant shall perform a submittal completeness check and communicate to the City the status of the package completeness prior to performing the initial detailed plan check. Consultant shall not perform any work on the actual plan check and the time required for plan check and review will not commence until such time as the City

Engineer has determined that the submittal package is complete or otherwise agreed to in writing by the City Engineer.

B. Consultant will review Final Tract Maps, Parcel Maps, Lot Line Adjustments, Abandonments, Certificate of Corrections and Legal Descriptions associated with land development projects. The review will verify compliance with Conditions of Approval, the Subdivision Map Act, and applicable City and County ordinances, policies, standards, and procedures. Once satisfied with the completeness of the maps or legal descriptions, the Consultant will sign the maps as the Acting City Land Surveyor and forward the plans to the City Engineer, along with written confirmation of the review, for

City approval and signature.

C. Consultant shall communicate directly with the land development applicants submitting plans during the review process unless directed otherwise by the City.

Consultant shall provide copies of all correspondence between Consultant and project surveyor and/or designer to the City.

D. Consultant will perform plan/map checks via eTRAKiT portal.

E. Consultant shall upload a copy of the summary of comments to the City via eTRAKiT portal for its record keeping purposes.

Initial map check comments shall be returned to the City within twenty (20) working days of receipt of completed submittal. Subsequent checks will be completed and returned to the City within five

(5) working days of resubmittal of maps. Expedited services shall be provided within one-half (½) of the standard time frames listed above (initial plan check in 5 working days, subsequent checks in

2½ working days).

Land Surveying

1. Research necessary documentation and prepare Record of Surveys, Parcel Maps, Lot

Line Adjustments and other land surveying documents as needed.

2. Perform construction staking, topographic mapping and monitoring for capital improvement and land surveying projects.

3. Perform monument preservation and file/record associated documents with the

County.

4. Establish and layout boundary, property and right of way lines.

5. Provide survey control using GPS and conventional methods.

6. Perform other land surveying services as needed.

All work performed shall be on the City of Modesto Datum as shown on Record of Survey recorded in Book 22 of Surveys, at Page 51, Stanislaus County Records.

3. Statement of Qualifications: Contents and Requirements

3.1. Cover Letter

The objective of this RFQ is to obtain an SOQ from interested local consulting firms with demonstrated experience in map & plan check services and land surveying services. Potential firms must demonstrate adequate resources to provide professional services for the type of projects outlined above.

The SOQ should be succinct. The submitted material should focus on technical content that demonstrates land surveying and map checking experience, capability, availability and commitment of the firm and its team. Elaborate or glossy SOQs are neither expected nor desired.

To simplify comparisons during evaluation, information submitted shall be listed in the order discussed in this RFQ.

The Statement of Qualifications (SOQ) submittal shall include a cover letter introducing the firm, highlighting the firm’s core areas of expertise, and confirming its commitment to providing services to the City. The cover letter shall, at a minimum, include the following information:

Firm Identification: Firm name, telephone number, office address, and email address.

Principal-in-Charge: Name and contact information, including telephone number, office address, and email.

Authorized Signatory: Contact information for the individual authorized to bind the firm to the terms of the agreement.

Project Manager(s): Name(s) and contact information.

Project Understanding: A brief statement demonstrating the firm’s understanding of the services being requested by the City.

Subconsultants: A list of any subconsultants that may be utilized for the project(s).

3.2. Firm Experience & Capabilities

3.3. Project Manager(s)

Maximum Length: One (1) page.

The proposed firm’s experience and capabilities shall, at a minimum, include a description of the firm’s facilities, staff, and representative work that demonstrate the ability to perform similar scopes of services for public agencies in California. For the prime consultant and any subconsultants, please provide the following information:

Principals: Names of principals, including experience, background, education, academic training, and professional registrations or licenses (as applicable).

Organization Chart: Firm organization chart showing key personnel and reporting relationships.

Business History: Length of time in business.

Office Locations: Office address(es) supporting field services, including the percentage and/or category of work to be performed in each office.

Staffing and Facilities: Manpower and resources of the office(s) where the work will be performed.

Relevant Experience: List of five (5) completed projects where land surveying services were provided. Include the scope of services, agreement or project duration, and the name, address, and contact information of knowledgeable owner/client representative(s).

Specialty Areas and Subconsultant Involvement: Description of specialty areas performed, subconsultant involvement, and experience with Caltrans and federally funded projects.

Include current Caltrans certifications.

References: Contact information for three (3) current and verifiable client references

(preferably from public agencies).

Additional Information: Any other relevant information supporting the firm’s qualifications for testing and inspection services.

Maximum Length: Six (6) pages, not including certifications.

3.4. Other Key Project Staff

The firm's project manager (PM) is defined to be the individual within the prime consultant's firm who is directly responsible for and engaged in leading the required map/plan checking services and land surveying services. The PM must be knowledgeable and experienced in all aspects of map/plan checking and land surveying.

This section 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 experienced with other firms.

Education, degrees, specializations

Maximum Length: Four (4) pages, not including certifications.

Other key personnel shall have map/plan checking experience and land surveying experience in the related category of the land surveying project. Provide the following 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, degrees, specializations

Representative experience for not more than three (3) recently completed projects similar in scope to the land surveying 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/value), 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

Map/plan checking services and/or land surveying services for which the individual was directly responsible; service and functions directly performed by the individual (not just job title)

Limit to four (4) individuals.

Maximum Length: Four (4) pages, not including certifications.

3.5. Deliverables

3.6. Fee Schedule

3.7. Additional Information

The consultant shall provide one example of each of the following land surveying maps/documents prepared by your firm:

Topographic Survey

Record of Survey, Parcel Map or Lot Line Adjustment

Legal Descriptions and Plat

Staking Cut Sheet

The firm must submit all CAD deliverables in AutoCAD Civil 3D 2018 format or newer.

Maximum Length: Twenty (20) pages.

The consultant shall provide the current fee schedule.

Provide any additional information that supports your firm’s qualifications to perform land surveying services.

Maximum Length: One (1) page.

4. Submittal Requirements

4.1. 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.

Any requests for clarifications, corrections or modifications of this Request for Qualifications (RFQ) shall be submitted through the Question & Answer section of this Request for Qualifications (RFQ) on the City's OpenGov Procurement portal:

4.2. Submittal Due Date

4.3. Agreement

https://procurement.opengov.com/portal/modestogov/projects/246911 before 3:00 pm on Friday, July 10, 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 Statements of Qualifications that contains unauthorized conditions or exceptions.

Statements of Qualifications must be submitted through the City's OpenGov Procurement portal prior to 11:00 am on Friday, July 24, 2026. Statements of Qualifications 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 Qualifications

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

(RFQ) on the City's OpenGov Procurement portal. If such a requirement is noted in this Request for Qualifications (RFQ), no cost information should be present in the other uploads you provide unless otherwise specified within this Request for Qualifications (RFQ). 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 Statements of Qualifications 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 Statements of Qualifications and any interviews deemed necessary.

A sample City of Modesto Standard Consultant Agreement is included for your reference.

Please review the Sample Agreement carefully with your legal and/or insurance representative.

https://procurement.opengov.com/portal/modestogov/projects/246911

4.4. Conflict of Interest/City Business License

4.5. Firm Location

Firms are REQUIRED to submit any questions, concerns or language change requests regarding this agreement in writing as a part of this Statements of Qualifications through the

Proposer Exceptions, Clarifications and Amendments form. Firms choosing not to submit any questions, concerns, or language requests, in writing, as part of this Statements of

Qualifications 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.

It is the policy of the City of Modesto to give priority to local firms with satisfactory qualifications, sufficient experience, and the capability to provide necessary professional services, provided this is not prohibited by the funding source and all other factors are equal. The location of any proposed sub-consultant firms will also be considered in applying this policy.

5. Contents of Proposal

The City is seeking Statements of Qualifications as one single package from firms that demonstrate experience in establish an on-call list of professional consultants to provide land surveying and/or map checking services. The Engineering Services Department's current prequalified list is set to

1. Additional Information

For any additional information requested or required by any of your previously provided answers or as stated within this Request for Qualifications (RFQ) please upload the additional documentation as part of your proposal.

1.1. Proposal (without Cost)*

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

*Response required

1.2. Fee Schedule*

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

*Response required

1.3. 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 Statements of Qualifications 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

1.4. Proposer Exceptions, Clarifications, Amendments?*

Does the Proposer have any exceptions, clarifications, or amendments to the Sample Agreement and Exhibit C - Insurance Requirements ?

Yes

No

*Response required expire on July 11, 2026. with similar magnitude and scope to the described project components. The submitted material should focus on technical content that demonstrates the design experience and capability of the firm and its team.

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

Each submittal shall include the information defined under Part 1 - Statement of Qualifications, Part 2 - Proposal for Construction Management, Inspection, and Material Testing Services and the following information:

Please confirm

When equals "Yes"

1.4.1. Proposer Exceptions, Clarifications, Amendments?*

Please download the below documents, complete, and upload.

Proposer_Exceptions,_Clarifications,_and_Amendments_(2).doc

*Response required

1.5. Financial Interest Disclosure *

Please download the below documents, complete, and upload.

Financial_Interest_Disclosure_Form_RFP.pdf

*Response required

1.6. California Levine Act Disclosure*

Please download the below documents, complete, and upload.

Modesto_Levine_Act_Statement_Form.pdf

*Response required

6. Acceptance of Proposals

6.1. Acceptance of Proposals

The City reserves the right to accept or reject all proposals, or any item or part thereof, and to waive any informalities or irregularities.

The City also reserves the right to withdraw this RFP at any time without prior notice, with no guarantee that any agreement will be aproved with any firm responding to this RFP. Additionally, the City reserves the right to postpone proposal openings for its own convenience.

7. Selection Process

Statements of Qualifications will be evaluated by the Selection Committee and, if a clear selection cannot be made based on scoring of Statements of Qualifications alone, proposing firms will be invited to an interview with the Committee. The Committee will rank the firms based upon an evaluation of the Statements of Qualifications 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.

INTERVIEWS and PRESENTATION:

Should interviews be required, the top three (3) firms will be invited to interview with the Selection Committee. Each time slot for the oral interviews will be determined randomly. Consultants shall make every effort to attend the interview date selected and rescheduling will only take place in 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1. Experience Years of experience of firm and/or its principals as land surveying professionals.

Experience of proposed project team members in projects of similar magnitude, design requirements and complexity, within past five years. Identify each team member's involvement in the specific project listed and with which firm they were employed when the work was done.

If experience is lacking, explanation by the firm as to why he/she or firm should be selected over others with more experience.

History of repeat business with clients.

Scoring Method:

Points Based Weight (Points):

40 (40% of Total)

2. Analysis Originality, creativity, and soundness of approach to problem solving and analysis of land surveying requirements.

Demonstrated management and organizational ability as relates to time management, scheduling, City staff/client relationships, etc., and the ability to meet deadlines.

Ability to execute complete, clear, and concise reports and produce a quality work product.

Scoring Method:

Points Based Weight (Points):

25 (25% of Total)

3. General Size of firm and available staff appropriate for the required services.

Location of firm in relation to City of Modesto.

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

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

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

Scoring Method:

Points Based Weight (Points):

35 (35% of Total) extenuating circumstances. If the City has trouble scheduling a date and time with the consultant for the interview, it may result in disqualification from further consideration.

The interview will be structured as below:

Length of Interview: 1 hour

Format of Interview:

25-minutes for consultant team introduction and presentation

35-minutes for selection committee question and answer

8. Rights of City of Modesto

The City will evaluate all submittals, but this Request for Qualifications (RFQ) does not commit the

City of Modesto to approve an agreement, to pay for any costs incurred in preparation or presentation of a Statements of Qualifications, 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 Statements of Qualifications, or any item or part thereof, or to waive any informalities or irregularities;

Withdraw this Request for Qualifications (RFQ) 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 Qualifications (RFQ);

Issue subsequent Request for Qualifications (RFQ);

Postpone Statements of Qualifications opening for its own convenience;

Approve or disapprove the use of particular subconsultant;

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

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

An agreement shall not be binding or valid with the City until it is executed by authorized representatives of the City and the selected firm.

9. Selection Protests

1. An interested party wishing to protest or appeal a decision to select a Statements of

Qualifications 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 Statements of Qualifications 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 Director or

Engineering Services, 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 Director of Engineering Services, 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 Utilities, 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.

10. Project Schedule

RFP/RFQ Posted: June 24, 2026

Requests for Clarifications, Corrections or

Modifications:

July 10, 2026, 3:00pm

Proposals/Statement of Qualifications Due: July 24, 2026, 11:00am

Committee Review Complete *: August 2026

Consultant Interview, if needed *: August 2026

Council Approval *: September 2026

Notice to Proceed *: September 2026

*Dates subject to change

Thank you in advance, for your interest in our project.

Sincerely, Daniel Haakma

Senior Land Surveyor Engineering Services Department dhaakma@modestogov.com

(209) 404-6540

11. Sample Standard Agreement for Consultant Services

11.1. Scope of Services

11.2. 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).

11.3. Compensation

11.4. 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

11.5. Performance by Key Employee

11.6. Ownership of Documents/Title to Data

11.7. 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.

11.8. Conflict of Interest

11.9. Amendments

11.10. 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

11.11. 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.

11.12. Patent/Copyright Materials

11.13. Notices

11.14. 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…