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Agenda packet, first session

Modesto City Council
May 10, 2022

Document
Agenda packet, first session
Meeting
May 10, 2022
Body
Modesto City Council
Pages
21
Original file
17.6 MB
Text extracted from the city's file for reading and search. Open the original on agenda2.modestogov.com. That file is the official record.

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MODESTO CITY COUNCIL
www.modestogov.com
AGENDA
City of Modesto

CITY COUNCIL MEETING
Chambers, Basement Level
Tenth Street Place, 1010 10th Street
Modesto, California
Tuesday, May 10, 2022 at 5:30 PM
*Roll Call - Councilmembers Escutia-Braaton, Kenoyer, Madrigal, Ricci, Wright, Mayor Zwahlen
* Some Councilmembers may be participating in the meeting remotely via teleconferencing or other electronic means consistent with the AB 361.

THIS MEETING WILL BE PHYSICALLY OPEN TO THE PUBLIC AND BY ZOOM

VIDEO CONFERENCING AND TELEPHONE
In order to minimize the spread of the COVID-19 virus, this meeting will be conducted pursuant to AB 361, which amended the Brown Act’s teleconferencing provisions.

You may observe a livestream of the meeting at http://media.modestogov.com. You may also participate in the meeting as indicated below.

PARTICIPATING IN CITY COUNCIL MEETINGS IN CONFORMANCE WITH AB 361
The City of Modesto is providing alternatives to view Council meetings and provide public comments. If you wish to make either a general public comment or to comment on a specific agenda item, you may use one of the following options:
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SUBMITTING COMMENTS BY E-MAIL
Written comments may be submitted via email to: [email protected] (include Agenda Item Number in the subject line). All comments will be shared with the Councilmembers and placed in the record but will not be read aloud during the meeting.

Written comments must be received by 3:00 p.m. on the day of the meeting.

VIRTUAL PARTICIPATION BY ZOOM VIDEO

CONFERENCING AND TELEPHONE
Joining the City Council meeting via Zoom
The City of Modesto is now offering the ability to view and participate in Council meetings via telephonic conferencing via “Zoom” video conferencing computer technology. The meeting may be accessed through the use of Zoom using the following options:
 Enter the following link into an Internet Browser
https://us02web.zoom.us/j/86945970570,
 Enter the following link into an Internet Browser https://zoom.us/ and using the Webinar ID 869 4597 0570
 Passcode 84326
To use Zoom, please visit: https://zoom.us/ and either sign-up for a free Zoom account or continue as a guest. Once you have downloaded the app onto your mobile device, joined from your web browser, or downloaded the Zoom software on your computer you will be ready for the upcoming Council meeting.

Joining the City Council meeting via Telephone
If you don’t have a smart phone or computer to access the meeting via Zoom, you can participate by phone, by calling 1-877-853-5257 (Toll Free) or 1-888-475-4499 (Toll Free) and enter the Webinar ID 869 4597 0570 Passcode 84326
Providing Public Comment on Zoom and by Telephone
The Mayor will request public comment during the Public Comment periods on the meeting agendas and during each Public Hearing and Regular Calendar Item on the Council Agenda.

Once the Mayor has announced the public comment period, please do one of the following.

USING A COMPUTER OR SMART PHONE APP:
 Click on the “Raise Hand” feature in the webinar controls. This will notify City staff that you have raised your hand.
 City staff will unmute your microphone when it is your turn to provide public comment.
 A prompt will appear to confirm you would like to be unmuted and then you will have three minutes to provide public comment.
 Once your public comment has ended, you will be muted again. - 2 -
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USING A REGULAR PHONE (not using a computer or smart phone APP):
 Dial *9 (star 9), this will notify City staff that you have “raised your hand” for public comment.
 City staff will unmute your microphone when it is your turn to provide public comment.
 You will hear “you are unmuted” and then you will have three minutes to provide public comment.
 Once your public comment has ended, you will be muted again.  If your phone is unmuted, and you are unable to be heard, the host may ask that you Dial *6 to toggle mute on/off in Zoom.

Additional Zoom resources/support
Please visit Zoom’s website support page on helpful tips to prepare for the meeting:
https://support.zoom.us/hc/en-us/categories/201146643
Pledge of Allegiance to the Flag
Invocation: John Torres, City Ministry Network
City Clerk’s Announcements
Declaration of Conflicts of Interest
Reports from Closed Session

ACKNOWLEDGEMENTS AND PRESENTATIONS

1. Proclamation Proclaiming May 15th as International Day of Families (Funding Source:

Not Applicable)
CITY COUNCIL; Kathy Espinoza, 209-571-5597, [email protected]

2. Proclamation Proclaiming May 15-21, 2022 as National Public Works Week (Funding Source: Not Applicable)
CITY COUNCIL; Kathy Espinoza, 209-571-5597, [email protected] - 3 -
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MISCELLANEOUS
Legislation, Appointments, Other

3. Consider appointing Amanda J. Heitlinger to the Modesto Downtown Improvement District Board of Directors for a four year term to expire January 1, 2026. (Funding Source: Not Applicable)
Staff Recommendation:
 Resolution appointing Amanda J. Heitlinger to the Modesto Downtown Improvement District Board of Directors for a four year term to expire January 1, 2026.

PRN; Laurie Smith, 209-577-5347, [email protected]

4. Consider approving Allan Ramsay for the vacant position of Small Aircraft Owner/General Aviation for the Modesto City-County Airport Advisory Committee for a two-year term. (Funding Source: Not Applicable)
Staff Recommendation:
 Resolution approving the appointment of Allan Ramsay for the vacant position of Small Aircraft Owner/General Aviation to the Modesto City-County Airport Advisory Committee for a two-year term.

PUBLIC WORKS; Steve Fischio, 209-342-2222, [email protected]

PUBLIC COMMENT PERIOD
Please refer to special public comment instructions above.

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

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

Any and all of the following agenda items are subject to action by the Modesto City Council. - 4 -
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This Agenda is on file at the Modesto-Stanislaus Library Reference Room, 1500 I Street, Modesto, in the City Clerk’s Office, Sixth Floor, 10th Street Place, and is available on the City’s Web site at www.modestogov.com.

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

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

Consent

5. Consider approving the minutes from the May 3, 2022 Council Meeting. (Funding Source: Not Applicable)
Staff Recommendation:
 Motion approving the minutes from the May 3, 2022 Council Meeting.

CITY CLERK; Diane Nayares-Perez, 209-577-5396, [email protected] Consent

6. Consider final adoption of Ordinance 3745-C.S. approving the Modesto Police Department Military Equipment Use Policy 710. (Funding Source: Not Applicable) Staff Recommendation:
 Motion approving final adoption of Ordinance 3745-C.S. approving the Modesto Police Department Military Equipment Use Policy 710.

CITY CLERK; Diane Nayares-Perez, 209-577-5396, [email protected] Consent

7. Consider approving a Will Serve Letter and Outside Service Agreement for sewer service for the property located at 908 Seybold Avenue (APN: 030-014-027). (Funding Source: Sewer Fund, General Fund)
Staff Recommendation:
 Resolution approving a Will Serve Letter and Outside Service Agreement between the City of Modesto and Omar O Octavio Fragoso and Jocelyn Avila, husband and wife as joint tenants, to connect to the City of Modesto’s existing sewer system for the property located at 908 Seybold Avenue. (APN: 030-014- - 5 -
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027), and authorizing the City Manager, or his designee, to sign the Will Serve Letter and execute the Outside Service Agreement.

CED; Jaylen French, 209-341-2938, [email protected] Consent

8. Consider approving the plans and specifications for the Pelandale Neighborhood Pavement Maintenance and Virginia Corridor Trail Maintenance Project, accepting the bid, and awarding a contract to American Pavement Systems, Inc. of Modesto, California, in the amount of $1,888,619; and amending the Fiscal Year 2021-2022 Capital Improvement Program (CIP) budget in the amount of $200,000 for Project #101247 and $400,000 for Project #101249. (Funding Source: Local Measure L Funds) Staff Recommendation:
 Resolution approving the plans and specifications for the Pelandale Neighborhood Pavement Maintenance and Virginia Corridor Trail Maintenance Project, accepting the bid, and awarding a contract to American Pavement Systems, Inc. of Modesto, California, in the amount of $1,888,619 and authorizing the City Manager, or his designee to execute the Agreement.  Resolution amending the Fiscal Year 2021-2022 Capital Improvement Program (CIP) budget, Project #101247 in the amount of $200,000 and a reduction in the amount of $400,000 for Project #101249, and amending the transfer from the Measure L – Local Road Tax Fund to fund the project and authorizing the City Manager, or his designee, to take the necessary steps to implement the provisions of this resolution.

CED; Phillip Soares, 209-577-5258, [email protected] Consent

9. Consider approving the proposed airspace and roadway easements within Tuolumne River Regional Park Gateway parcel (APN: 102-016-003) necessary to construct the 7th Street Bridge Replacement Project. (Funding Source: Not Applicable) Staff Recommendation:
 Resolution approving the proposed airspace and roadway easements within Tuolumne River Regional Park Gateway parcel (APN: 102-016-003) necessary to construct the 7th Street Bridge Replacement Project.

CED; John Rawles, 209-577-5253, [email protected]
Consent

10. Consider approving a Cooperative Agreement between the City of Modesto and Stanislaus County for the Airport Neighborhood Active Transportation Connectivity and Safety Project, and approving enhanced infrastructure and associated costs for project development within City jurisdiction. (Funding Source: State funds, County Local Measure L funds)
Staff Recommendation:
 Resolution approving a Cooperative Agreement between the City of Modesto and Stanislaus County for the Airport Neighborhood Active Transportation Connectivity and Safety Project, and authorizing the City Manager, or his designee, to execute the Agreement, and approving enhanced infrastructure and - 6 -
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associated costs for project development within City jurisdiction.

CED; Jaylen French, 209-341-2938, [email protected] Consent

11. Consider approving an Agreement with West Yost Associates, Sacramento, CA, for Engineering Services for the Jennings Well Treatment Improvements Project in the amount of $219,300 for the identified scope of services, plus $21,930 in additional services, if needed, for a total amount not to exceed $241,230, and amending the FY 2021/22 Capital Improvement Program Budget in the amount of $245,000. (Funding Source: Wastewater Fund)
Staff Recommendation:
 Resolution approving an Agreement with West Yost Associates, Sacramento, CA, for Engineering Services for the Jennings Well Treatment Improvements Project in the amount of $219,300 for the identified scope of services, plus $21,930 in additional services, if needed, for a total amount not to exceed $241,230 and authorizing the City Manager, or his designee, to execute the Agreement.
 Resolution amending the Fiscal Year 2021/22 Capital Improvement Program Budget in the amount of $245,000 to be transferred into the Project from Wastewater Fund Reserves in order to fully fund the Jennings Well Treatment Improvements Project
UTILITIES; Cristian Ciotau, 209-577-5260, [email protected] Consent

12. Consider approving an Agreement with Brown and Caldwell, Inc., Rancho Cordova, CA, for Construction Support Services for Grayson Well 69 (Replacing Well 274) in the amount of $160,348 for the identified scope of services, plus $16,035 in additional services, if needed, for a total amount not to exceed $176,383. (Funding Source: Water Fund)
Staff Recommendation:
 Resolution approving an Agreement with Brown and Caldwell, Inc., Rancho Cordova, CA, for Construction Support Services for Grayson Well 69 (Replacing Well 274) in the amount of $160,348 for the identified scope of services, plus $16,035 in additional services, if needed, for a total not to exceed amount of $176,383 and authorizing the City Manager, or his designee, to execute the Agreement.

UTILITIES; Jesse Franco, 209-571-5175, [email protected]

CITY MANAGER COMMENTS & REPORTS

COUNCIL COMMENTS & REPORTS

UNFINISHED BUSINESS

13. Resolution declaring the City Council’s decision to fill the recent City Council vacancy by election during the November 2022 General Municipal Election when the voters of - 7 -
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District 4 elect a candidate to a new four-year term starting in 2022 and ending in 2026, pursuant to City of Modesto Charter Section 702. (Funding Source: General Fund)  Resolution declaring the Council’s decision to fill the recent City Council vacancy by election during the November 2022 General Municipal Election when the voters of District 4 elect a candidate to a new four-year term starting in 2022 and ending in 2026, pursuant to City of Modesto Charter Section 702 .

CITY ATTORNEY; Jose Sanchez, 209-577-5284, [email protected]

14. Consider accepting the City of Modesto’s Project Homekey 2.0 Grant Award of $1,724,157 for the project located at 112 James Street, approving a loan in an amount up to $200,000 in Permanent Local Housing Allocation (PLHA) Funds for Stanislaus Equity Partners to assist with the aquisition, $50,000 for staff activity, and authorizing the City Manager or his designee to execute the agreements, and amending the Fiscal Year 2021-2022 multi-year fund budget to establish a project for the Homekey 2.0 Program to be funded with HCD Homekey 2.0 Grant funds and PLHA Grant funds. (Funding Source: Homekey 2.0 Funds and Permanent Local Housing Allocation Funds)
 Resolution accepting the City of Modesto’s Project Homekey 2.0 Grant Award of $1,724,157 for the project located at 112 James Street, authorizing the City Manager, or his designee, to execute the related agreements.  Resolution rescinding Resolution 2022-077 and approves approves a loan to Stanislaus Equity Partners in an amount up to $200,000 in Permanent Local Housing Allocation (PLHA) Funds to assist with the rehabilitation of 112 James Street, $50,000 for staff activity delivery costs, and authorizing the City Manager or his designee to execute the agreements
 Resolution rescinding Resolution 2022-078 and 2022-079 and amending the fiscal year 2021-2022 multi-year fund budget to establish a new project for the Homekey 2.0 program to be funded with Homekey 2.0 Grant funds and PLHA Grant funds and authorizing the City Manager or his designee, to take the necessary steps to implement the provisions of this resolution CED; Jessica Hill, 209-577-5321, [email protected]

NEW BUSINESS

15. Consider approving the creation of a pilot program to allow the use of a shared mobility service of stand-up electric scooters in the City of Modesto and issuing a shared mobility (SM) permit to Bird Rides, Inc, with such terms and conditions defined by the operating agreement, and as determined necessary by the City Manager. (Funding Source: Not Applicable)
Staff Recommendation:
 Resolution approving the creation of a pilot program to allow the use of a shared mobility service of stand-up electric scooters in the City of Modesto and issuing a shared mobility (SM) permit to Bird Rides, Inc, with such terms and conditions defined by the operating agreement, and as determined necessary by the City Manager, and authorizing the City Manager or designee to execute the Agreement.
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CED; Jaylen French, 209-341-2938, [email protected]

16. Consider accepting funds from the California Water and Wastewater Arrearage Payment Program (CWWAPP) for wastewater arrearage in an amount not to exceed $1,332,915, and approving participation in the California Department of Community Services and Development Low Income Household Water Assistance Program (LIHWAP); and amending the Fiscal Year 2021-22 Operating Program Budget in the amount of $1,332,915 in the Sewer Fund (4210) to recognize grant revenue from the State Water Resource Board – California Water and Wastewater Arrearage Payment Program offsetting delinquent account balances for Sewer Utility Accounts. (Funding Source: Sewer Funds)
Staff Recommendation:
 Resolution accepting funds from the California Water and Wastewater Arrearage Payment Program (CWWAPP) for wastewater arrearage in an amount not to exceed $1,332,915 and approving participation in the California Department of Community Services and Development Low Income Household Water Assistance Program (LIHWAP).
 Resolution amending the Fiscal Year 2021-22 Operating Program Budget in the amount of $1,332,915 in the Sewer Fund (4210) to recognize grant revenue from the State Water Resource Board – California Water and Wastewater Arrearage Payment Program offsetting delinquent account balances for Sewer Utility Accounts.

FINANCE DEPARTMENT; Jennifer Martin, 209-571-5892, [email protected]

17. Consider and review the Draft Budget as submitted by the City Manager with the Mayor’s Final Budget Modifications and combining the documents into the Proposed Budget for Fiscal Year 2022-23, and noticing a public hearing to be held on June 7, 2022 for Council’s consideration and adoption of the Fiscal Year 2022-23 Proposed Budget and related actions. (Funding Source: All City Funds) Staff Recommendation:
 Resolution combining the City Manager’s Draft Budget and the Mayor’s Final Budget Modifications into the Proposed Budget for Fiscal Year 2022-23, and noticing a public hearing to be held on June 7, 2022 for Council’s consideration and adoption of the Fiscal Year 2022-23 Proposed Budget and related actions.

FINANCE DEPARTMENT; Stephan Christensen, 209-577-5390,
[email protected]

MATTERS TOO LATE FOR THE AGENDA
These may be presented by members of the City Council and staff upon determination by a majority vote that an emergency exists, as defined by State law, or by a 2/3 vote that (1) there is a need to take immediate action, and (2) that the need for action came to the City’s attention after the agenda was posted.

ADJOURNMENT
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CLOSED SESSION
Please take notice that a special Closed Session meeting of the Council of the City of Modesto has been called pursuant to Section 2-1.02 of the Modesto Municipal Code to be convened on TUESDAY, MAY 10, 2022 at 4:45 PM
and after the regularly scheduled meeting in the Tenth Street Place, Chambers Conference Room, Basement Level, 1010 Tenth Street, Modesto, California.

Any and all of the following agenda items are subject to action being taken by the Modesto City Council.

The business to be considered at said City Council meeting shall consist of a Closed Session concerning the following:

CLOSED SESSION
CONFERENCE WITH LABOR NEGOTIATOR:
(Pursuant to Section 54957.6 of the Government Code) – MCEA Negotiator: Christina Alger
Employee Organization: Modesto City Employees Association CONFERENCE WITH LABOR NEGOTIATOR:
(Pursuant to Section 54957.6 of the Government Code) – MCMA Negotiator: Christina Alger
Employee Organization: Modesto Confidential & Management Association CONFERENCE WITH LABOR NEGOTIATOR:
(Pursuant to Section 54957.6 of the Government Code) – MPOA Negotiator: Christina Alger
Employee Organization: Modesto Police Officers’ Association CONFERENCE WITH LABOR NEGOTIATOR:
(Pursuant to Section 54957.6 of the Government Code) – MPNSA Negotiator: Christina Alger
Employee Organization: Modesto Police Non-Sworn Association CONFERENCE WITH LABOR NEGOTIATOR:
(Pursuant to Section 54957.6 of the Government Code) –MPMA Negotiator: Christina Alger
Employee Organization: Modesto Police Management Association CONFERENCE WITH LABOR NEGOTIATOR:
(Pursuant to Section 54957.6 of the Government Code) – MCFFA Negotiator: Christina Alger
Employee Organization: Modesto City Firefighters Association - 10 -
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CONFERENCE WITH LABOR NEGOTIATOR:
(Pursuant to Section 54957.6 of the Government Code) – Unrepresented Negotiator: Christina Alger
Employee Organization: Unrepresented Management and Confidential Employees Posted pursuant to Government Code Section 54954.2 on the bulletin board at Tenth Street Place on
at by
date time signature
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CITY OF MODESTO

COUNCIL AGENDA REPORT
DATE OF MEETING:

May 10, 2022
Date: April 19, 2022
TO: Mayor and City Council
THROUGH: Joseph P. Lopez, City Manager
FROM: Laurie A. Smith, Director of Parks, Recreation and Neighborhoods SUBJECT: Modesto Downtown Improvement District Board of Director Appointment CONTACT: Laurie A. Smith, Director of Parks, Recreation & Neighborhoods Department, [email protected], (209) 577-5347
DESCRIPTION:

Consider appointing Amanda J. Heitlinger to the Modesto Downtown Improvement District Board of Directors for a four year term to expire January 1, 2026. (Funding Source: N/A) STRATEGIC PLAN ELEMENT:

This action supports the City’s 2020-2025 Strategic Plan’s Area of Focus to promote its economic vitality goals to drive the success of a vibrant and economically sustainable business climate, build and promote a recognizable and desirable identity of the City of Modesto, and to make downtown Modesto a regional destination.

BACKGROUND:

Section 1102 of the Charter of the City of Modesto authorizes the City Council to appoint members to various Boards and Commissions. The Downtown Improvement District Advisory Board (Board of Directors) consists of nine (9) members serving in the role of the City’s concierge. Modesto Downtown Improvement District (DID) promotes a positive atmosphere in the downtown by caring for physical space. It’s mission is to attract and retain businesses, employees, residents, and visitors to downtown Modesto.

DISCUSSION:

In compliance with DID bylaws, any vacancy to be filled shall be recommended by the DID Board and forwarded to City Council, through the Appointments Committee, for appointment.

The Executive Committee unanimously recommended the appointment of Ms. Amanda J.

Heitlinger to fill one vacancy. Ms. Heitlinger resides in Modesto, owns a business within the DID’s boundaries, and pays an additional levy of license tax as required by Municipal Code 6-

3.11. If appointed, Ms. Heitlinger will serve a four year term to expire on January 1, 2026.

FISCAL IMPACT:

There is no fiscal impact.
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Modesto Downtown Improvement District Board of Director Appointment

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COMMITTEE RECOMMENDATION:

The agenda item was previously heard by the Appointments Committee on April 7, 2022 which unanimously endorsed the appointment of Amanda j. Heitlinger and directed staff to forward to Council for approval.

RECOMMENDED COUNCIL ACTION:

Staff Recommendations:

Resolution appointing Amanda J. Heitlinger to the Modesto Downtown Improvement District Board of Directors for a four year term to expire January 1, 2026.

Approved by:

Laurie A. Smith, Director
Parks, Recreation and Neighborhoods Department
Joseph P. Lopez, City Manager
Attachments:

1. Resolution
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MODESTO CITY COUNCIL
RESOLUTION NO. 2022
RESOLUTION APPOINTING AMANDA J. HEITLINGER TO THE MODESTO

DOWNTOWN IMPROVEMENT DISTRICT BOARD OF DIRECTORS FOR A
FOUR YEAR TERM TO EXPIRE JANUARY 1, 2026
WHEREAS, Section 1102 of the Charter of the City of Modesto authorizes the City Council to appoint members to various Boards and Commissions; and WHEREAS, Modesto Downtown Improvement District promotes a positive atmosphere in the downtown by caring for physical space, with the mission to attract and retain business, employees, residents and visitors to downtown Modesto; and WHEREAS, the Modesto Downtown Improvement District Advisory Board, also known as Board of Directors, consists of nine (9) members serving in the role of the City’s concierge; and
WHEREAS, the Modesto Downtown Improvement District Board of Directors are recommending the appointment of Amanda J. Heitlinger to a term ending January 1, 2026 to the Downtown Improvement District Board of Directors.

NOW, THEREFORE, BE IT RESOLVED, by the Council of the City of Modesto that is hereby approves the appointment of Amanda J. Heitlinger to the Modesto Downtown Improvement District Board of Directors for a four-year term to expire January 1, 2026.

BE IT FURTHER RESOLVED, that the City Clerk is hereby directed to transmit a copy of this Resolution to the appointed member of the Downtown Improvement District Board of Directors, and Secretary thereof.
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The foregoing resolution was introduced at a regular meeting of the Council of the City of Modesto held on the 10th day of May, 2022, by Councilmember ?, who moved its adoption, which motion being duly seconded by Councilmember ?, was upon roll call carried and the resolution adopted by the following vote:

AYES: Councilmembers:

NOES: Councilmembers:

ABSENT: Councilmembers:

ATTEST:

DIANE NAYARES-PEREZ, City Clerk
APPROVED AS TO FORM:

BY: ___________________________
JOSE M. SANCHEZ, City Attorney
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CITY OF MODESTO

COUNCIL AGENDA REPORT
DATE OF MEETING:

May 10, 2022
Date: April 19, 2022
TO: Mayor and City Council
THROUGH: Joseph P. Lopez, City Manager
FROM: Bill Sandhu, Director of Public Works
SUBJECT: Airport Advisory Committee position vacancy, Small Aircraft Owner / General Aviation CONTACT: Steve J. Fischio, Operations Manager Fleet, Streets and Airport Divisions, [email protected], 342-2222
DESCRIPTION:

Consider approving Allan Ramsay for the vacant position of Small Aircraft Owner/General Aviation for the Modesto City-County Airport Advisory Committee for a two-year term. (Funding Source: Not Applicable) STRATEGIC PLAN ELEMENT:

This item is consistent with the City’s Strategic Plan Area of Focus: “Governance and Service Delivery”, Build community trust in City government through responsive, transparent and efficient service delivery; Goal I: “Promote trust and engagement between the community and the City.” BACKGROUND:

The Modesto City-County Airport (Airport) operates for the benefit of all businesses, industries, visitors and residents in the City of Modesto, Stanislaus County, and the surrounding areas. In an effort to ensure that the Airport is maintained and developed in such a manner that it will continue to be a high-quality aviation facility for its users and a good neighbor in the community the Airport Advisory Committee (AAC) was formed. Interested citizens are appointed as members to the AAC by both the Modesto City Council and the Stanislaus County Board of Supervisors to provide advice on numerous matters, including policy and planning pertaining to the operation and management of the Airport.

DISCUSSION:

The AAC currently has one vacancy. The position of Small Aircraft Owner / General Aviation has been vacated by Anthony Winstead as his term has come to an end. Allan Ramsay has applied for the vacant position. Allan Ramsay is a former chairperson and member of the AAC. He is a long-standing tenant at the Airport who is also an active pilot since 1973. Allan Ramsay is also very active within the community with North Modesto Kiwanis, American Graffiti festival and Graffiti USA Museum.

This vacancy was presented at the bi-monthly AAC meeting on January 20, 2022. It was unanimously agreed upon to recommend Allan Ramsay for the vacancy. It is considered that this candidate will be a strong contributor to the AAC due to his vast knowledge of the Airport and aviation. #4..
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Airport Advisory Committee position vacancy, Small Aircraft Owner / General Aviation

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FISCAL IMPACT:

Appointing members to a committee is administrative in nature, therefore does not have a fiscal impact to the General Fund.

COMMITTEE RECOMMENDATION:

On April 7, 2022, this item was presented to the Appointments Committee, where it was recommended to forward to Council for approval.

RECOMMENDED COUNCIL ACTION:

Staff Recommendations:

Resolution approving the appointment of Allan Ramsay for the vacant position of Small Aircraft Owner/General Aviation to the Modesto City-County Airport Advisory Committee for a two-year term.

Approved by:

Bill Sandhu, Director of Public Works
Joseph P. Lopez, City Manager
Attachment:

1. Resolution
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MODESTO CITY COUNCIL
RESOLUTION NO. 2022-

RESOLUTION APPROVING THE APPOINTMENT OF ALLAN RAMSAY FOR THE

VACANT POSITION OF SMALL AIRCRAFT OWNER/GENERAL AVIATION TO THE MODESTO CITY-COUNTY AIRPORT ADVISORY COMMITTEE FOR A TWOYEAR TERM WHEREAS, the City of Modesto operates the Modesto City-County Airport (Airport) for the benefit of all businesses, industries, visitors and residents in the City of Modesto, Stanislaus County and surrounding areas; and
WHEREAS, the Modesto City Council and the Stanislaus Board of Supervisors seek to ensure that the Airport is maintained and developed in such a manner that it will continue to be a high-quality aviation facility for its users and a good neighbor in the community, recognizing that both the users and community may change as the surrounding area continues to grow and develop; and
WHEREAS, Section 1102 of the Charter of the City of Modesto authorizes the City Council to appoint members to various Boards and Commissions; and WHEREAS, Council has considered the experience and qualifications of the candidate, Allan Ramsay and find that he would be appropriate to fill the position of Small Aircraft Owner/General Aviation member.

NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Modesto that it hereby approves the appointment of Allan Ramsey to fill the position on the Modesto City-County Airport Advisory Committee, representing Small Aircraft Owner/General Aviation #4..
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The foregoing resolution was introduced at a regular meeting of the Council of the City of Modesto held on the 10th day of May, 2022, by Councilmember ? who moved its adoption, which motion being duly seconded by Councilmember ?, was upon roll call carried and the resolution adopted by the following vote:

AYES Councilmembers:

NOES: Councilmembers:

ABSENT: Councilmembers:

ATTEST: ___________________________
DIANE NAYARES-PEREZ, City Clerk
(SEAL)
APPROVED AS TO FORM:

BY: _____________________________
JOSE M. SANCHEZ, City Attorney
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MODESTO CITY COUNCIL
www.modestogov.com

MINUTES
City of Modesto

CITY COUNCIL MEETING
Chambers, Basement Level
Tenth Street Place, 1010 10th Street
Modesto, California
Tuesday, May 03, 2022 at 5:30 PM
Roll Call: Councilmembers, Kenoyer, Madrigal (arrived at 5:45 pm), Ricci, Wright, Mayor Zwahlen

Absent: Councilmember Escutia-Braaton
Pledge of Allegiance to the Flag
Invocation: Marvin Jacobo, City Ministry Network
City Clerk’s Announcements: No email correspondence was received.

Declaration of Conflicts of Interest: None
Reports from Closed Session: None

ACKNOWLEDGEMENTS AND PRESENTATIONS

1. Stanislaus County Update (Funding Source: Not Applicable) CITY MANAGER; Joseph Lopez, 209-577-5553, [email protected] ACTION: Mani Grewal, Stanislaus County Board of Supervisor provided a County update. He reported that this morning the Board of Supervisors terminated the community benefit fee for commercial cannabis businesses which is more in line with what Modesto does and allows for in kind donations in lieu of a fee. He further provided the County’s budget schedule. Also, this morning the County Board of #5..
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Supervisors proclaimed May as Older Americans Month and Mental Health Month.

Additionally, the Board of Supervisors are going on a roadshow this Thursday and will visit County islands and pockets that are in need of infrastructure improvements. An additional tour will be held on May 16th from 12:00 pm to 5:00 pm.

2. Presentation of Proclamation recognizing May 5, 2022 in Celebration of Cinco de Mayo. (Funding Source: Not Applicable)
CITY COUNCIL; Kathy Espinoza, 209-571-5597, [email protected] ACTION: Mayor Zwahlen read the proclamation into the record.

3. Presentation of Proclamation proclaiming May 2022 as Asian American, Native Hawaiian, and Pacific Islander (AANHPI) Heritage Month. (Funding Source: Not Applicable)
CITY COUNCIL; Kathy Espinoza, 209-571-5597, [email protected] ACTION: Mayor Zwahlen presented a proclamation declaring May 2022 as Asian American, Native Hawaiian, and Pacific Islander (AANHPI) Heritage Month.

4. Presentation of Proclamation proclaiming May 2022 as Mental Health Awareness Month. (Funding Source: Not Applicable)
CITY COUNCIL; Kathy Espinoza, 209-571-5597, [email protected] ACTION: Mayor Zwahlen presented a proclamation declaring May 2022 as Mental Health Awareness Month.

5. Presentation of Proclamation proclaiming May 2022 Older Americans Month. (Funding Source: Not Applicable)
CITY COUNCIL; Kathy Espinoza, 209-571-5597, [email protected] ACTION: Mayor Zwahlen presented a proclamation declaring May 2022 Older Americans Month.

6. Presentation of Proclamation proclaiming May 2-6, 2022 as Public Service Recognition Week. (Funding Source: Not Applicable)
CITY COUNCIL; Kathy Espinoza, 209-571-5597, [email protected] ACTION: Mayor Zwahlen presented a proclamation declaring May 2-6, 2022 as Public Service Recognition Week.

MISCELLANEOUS

7. Consider accepting the resignation of Will Crew from the City’s Landmark Preservation Commission. (Funding Source: Not Applicable) Staff Recommendation:
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 Resolution accepting the resignation of Will Crew from the City of Modesto Landmark Preservation Commission.

CED; Steve Mitchell, 209-577-5267, [email protected] ACTION: (Madrigal/Kenoyer; 5/0; Escutia-Braaton Absent) Resolution 2022-199 accepting the resignation of Will Crew from the City of Modesto Landmark Preservation Commission.

PUBLIC COMMENT PERIOD
 Julius Young spoke regarding a recent licensing issue he brought up during the previous Council meeting. He commented that the fee issue was resolved. He thanked the Council and staff for the prompt response and resolving the issue.  Jack Fahe, commented on the “Star Wars Day” event that will be held on May 4th Downtown Modesto. He encouraged everybody interested in the event to attend.  Emerson Drake spoke regarding the timer for public speakers and that the allowed time to speak should be equitable to all. He further commented about the release of documents from the Supreme Court.

CONSENT ITEMS – ROLL CALL VOTE REQUIRED
ACTION CONSENT ITEMS 8-21: (Kenoyer/Wright; 5/0; Escutia-Braaton absent)

CONSENT ITEMS
Consent

8. Consider approving the minutes from the April 12, 2022 Council Meeting. (Funding Source: Not Applicable)
 Motion approving the minutes from the April 12, 2022 Council Meeting.

CITY CLERK; Diane Nayares-Perez, 209-577-5396, [email protected] ACTION: (Kenoyer/Wright; 5/0; Escutia-Braaton Absent) Motion approving the minutes from the April 12, 2022 Council Meeting.

Consent

9. Consider approving a resolution continuing to authorize remote teleconference meetings pursuant to Assembly Bill 361. (Funding Source: Not Applicable)  Resolution continuing to authorize remote teleconference meetings of the City of Modesto pursuant to Assembly Bill 361.

CITY ATTORNEY; Jose Sanchez, 209-577-5284, [email protected] ACTION: (Kenoyer/Wright; 5/0; Escutia-Braaton Absent) Resolution 2022-200 continuing to authorize remote teleconference meetings of the City of Modesto pursuant to Assembly Bill 361.
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Consent

10. Consider approving a Second Amendment to the Second Restated Legal Services Agreement with Arata, Swingle, Van Egmond & Heitlinger in the amount of $250,000, for a total not to exceed amount of $750,000, and a Third Amendment to the Legal Services Agreement with Bartkiewicz, Kronick & Shanahan P.C. in the amount of $75,000, for a total not to exceed amount of $217,300 for continued representation. (Funding Source: General Liability Insurance Fund and Water Funds)  Resolution approving a Second Amendment to the Second Restated Legal Services Agreement with Arata, Swingle, Van Egmond & Heitlinger in the amount of $250,000, for a total not to exceed amount of $750,000 to continue representing the City of Modesto in tort cases, and authorizing the City Manager or his designee, to execute the Agreement.
 Resolution approving a Third Amendment to the Legal Services Agreement for Bartkiewicz, Kronick & Shanahan P.C. in the amount of $75,000, for a total not to exceed of $217,300, for continued representation and authorizing the City Manager or his designee, to execute the Agreement.

CITY ATTORNEY; Jose Sanchez, 209-577-5284, [email protected] ACTION: (Kenoyer/Wright; 5/0; Escutia-Braaton Absent) Resolution 2022-201 approving a Second Amendment to the Second Restated Legal Services Agreement with Arata, Swingle, Van Egmond & Heitlinger in the amount of $250,000, for a total not to exceed amount of $750,000 to continue representing the City of Modesto in tort cases, and authorizing the City Manager or his designee, to execute the Agreement.

ACTION: (Kenoyer/Wright; 5/0; Escutia-Braaton Absent) Resolution 2022-202 approving a Third Amendment to the Legal Services Agreement for Bartkiewicz, Kronick & Shanahan P.C. in the amount of $75,000, for a total not to exceed of $217,300, for continued representation and authorizing the City Manager or his designee, to execute the Agreement.

Consent

11. Consider approving a Second Amendment to the Joint Exercise of Powers Agreement between the City of Modesto and the County of Stanislaus, amending sections related to the Commission Members and the Dispatch Advisory Board and Technical Advisory Committee, and appointing the Modesto Fire Chief to serve as the City’s additional member, and the Modesto Police Chief as their alternate, on the Consolidated Emergency Dispatch Agency Commission. (Funding Source: Not applicable)  Resolution approving a Second Amendment to the Joint Exercise of Powers Agreement between the City of Modesto and the County of Stanislaus for Emergency Dispatch Services amending sections related to the Commission Members and the Dispatch Advisory Board and Technical Advisory Committee, authorizing the City Manager, or his designee to execute the amendment and appointing the Modesto Fire Chief as the City’s Additional Member, and Modesto Police Chief as their alternate, to the Commission.

CITY MANAGER; Scotty Douglass, 209-577-9149, [email protected] #5..
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ACTION: (Kenoyer/Wright; 5/0; Escutia-Braaton Absent) Resolution 2022-203 approving a Second Amendment to the Joint Exercise of Powers Agreement between the City of Modesto and the County of Stanislaus for Emergency Dispatch Services amending sections related to the Commission Members and the Dispatch Advisory Board and Technical Advisory Committee, authorizing the City Manager, or his designee to execute the amendment and appointing the Modesto Fire Chief as the City’s Additional Member, and Modesto Police Chief as their alternate, to the Commission.

Consent

12. Consider accepting the Monthly Investment Report for February 2022. (Funding Source: Various Funds)
 Motion accepting the Monthly Investment Report for February 2022.

FINANCE DEPARTMENT; Calogero Maniscalco, 209-577-5219,
[email protected]
ACTION: (Kenoyer/Wright; 5/0; Escutia-Braaton Absent) Motion accepting the Monthly Investment Report for February 2022.

Consent

13. Consider accepting an informational report for the March 2022 Accounts Payable Payment Register and Void report. (Funding Source: Not Applicable)  Motion accepting an informational report for the March 2022 Accounts Payable Payment Register and Void report.

FINANCE DEPARTMENT; Maria Garnica, 209-577-5249,
[email protected]
ACTION: (Kenoyer/Wright; 5/0; Escutia-Braaton Absent) Motion accepting an informational report for the March 2022 Accounts Payable Payment Register and Void report.

Consent

14. Consider accepting the Transportation Development Act Triennial Performance Audit conducted by the Stanislaus Council of Governments for transit operations and capital expenses. (Funding Source: Transit Funds)
 Resolution accepting the Transportation Development Act Triennial Performance Audit conducted by the Stanislaus Council of Governments for transit operations and capital expenses.

FINANCE DEPARTMENT; Maria Garnica, 209-577-5249,
[email protected]
ACTION: (Kenoyer/Wright; 5/0; Escutia-Braaton Absent) Resolution 2022-204 accepting the Transportation Development Act Triennial Performance Audit conducted by the Stanislaus Council of Governments for transit operations and capital expenses.

Consent

15. Consider approving a renewal Agreement with ZOLL Data Systems, Inc. for hosted server services for both ePCR and FireRMS records management and reporting #5..
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software, in an annual estimated amount of $77,124, with a one-time ePCR implementation fee of $7,500, for a total three-year Agreement not to exceed $238,872. (Funding Source: General Fund)
 Resolution approving a renewal Agreement with ZOLL Data Systems, Inc. for hosted server services for both ePCR and FireRMS records management and reporting software, in an annual estimated amount of $77,124, with a one-time ePCR implementation fee of $7,500, for a total three-year Agreement not to exceed $238,872 and authorizing the City Manager, or his designee, to execute the Agreement.

FIRE DEPARTMENT; Alan Ernst, 209-572-9590, [email protected] ACTION: (Kenoyer/Wright; 5/0; Escutia-Braaton Absent) Resolution 2022-205 approving a renewal Agreement with ZOLL Data Systems, Inc. for hosted server services for both ePCR and FireRMS records management and reporting software, in an annual estimated amount of $77,124, with a one-time ePCR implementation fee of $7,500, for a total three-year Agreement not to exceed $238,872 and authorizing the City Manager, or his designee, to execute the Agreement.

Consent

16. Consider approving the donation of Canine Fuse from Thor’s Hope Foundation, for use as a facility dog for the City of Modesto Fire Department, for an estimated initial cost of $287, and an estimated annual cost of $3,337. (Funding Source: General Fund)  Resolution approving the donation of Canine Fuse from Thor’s Hope Foundation, for use as a facility dog for the City of Modesto Fire Department, for an estimated initial cost of $287, and an estimated annual cost of $3,337.

FIRE DEPARTMENT; Alan Ernst, 209-572-9590, [email protected] ACTION: (Kenoyer/Wright; 5/0; Escutia-Braaton Absent) Resolution 2022-206 approving the donation of Canine Fuse from Thor’s Hope Foundation, for use as a facility dog for the City of Modesto Fire Department, for an estimated initial cost of $287, and an estimated annual cost of $3,337.

Consent

17. Consider approving the submission of an application for the Fiscal Year 2022-2023 Cal Fire Rural Fire Capacity (RFC) Program Grant, in an amount that will not exceed $40,000, which includes a 50% local match, for the procurement of wildland firefighting equipment. (Funding Source: General Fund)
 Resolution approving the submission of an application for the Fiscal Year 2022-2023 Cal Fire Rural Fire Capacity (RFC) Program Grant, in an amount that will not exceed $40,000, which includes a 50% local match, for the procurement of wildland firefighting equipment.

FIRE DEPARTMENT; Alan Ernst, 209-572-9590, [email protected] ACTION: (Kenoyer/Wright; 5/0; Escutia-Braaton Absent) Resolution 2022-207 approving the submission of an application for the Fiscal Year 2022-2023 Cal Fire Rural Fire #5..
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Capacity (RFC) Program Grant, in an amount that will not exceed $40,000, which includes a 50% local match, for the procurement of wildland firefighting equipment.

Consent

18. Consider approving the award of proposal and Agreement for citywide regulatory safety training and consultation to NATEC International, Inc., Anaheim, California, for a two-year Agreement with three one-year extension options, for an annual cost not to exceed $115,000 and a total amount not to exceed $575,000 over five years. (Funding Source: Various Funds)
 Resolution approving the award of proposal and Agreement for Citywide Safety Consultation and Training Services to NATEC International, Inc., Anaheim, California, for a two-year Agreement with three one-year extension options, for an annual estimated cost of $115,000, and a total amount not to exceed $575,000 over five years; and authorizing the City Manager, or his designee, to execute the Agreement.

HUMAN RESOURCES; Nick Panos, 209-577-5466, [email protected] ACTION: (Kenoyer/Wright; 5/0; Escutia-Braaton Absent) Resolution 2022-208 approving the award of proposal and Agreement for Citywide Safety Consultation and Training Services to NATEC International, Inc., Anaheim, California, for a two-year Agreement with three one-year extension options, for an annual estimated cost of $115,000, and a total amount not to exceed $575,000 over five years; and authorizing the City Manager, or his designee, to execute the Agreement.

Consent

19. Consider approving lease Agreements between the City of Modesto and Del Rio CC Foundation (First Tee – Central Valley) and City of Modesto and the Boys and Girls Clubs of Stanislaus County for lease of property located on Roselawn Avenue (APNs 037-036-007 and 037-051-001) for operation of youth programming. (Funding Source:

CBDG)
 Resolution approving lease Agreements between the City of Modesto and Del Rio CC Foundation (First Tee – Central Valley) and the City of Modesto and the Boys and Girls Clubs of Stanislaus County for lease of property located on Roselawn Avenue (APNs 037-036-007 and 037-051-001) for operation of youth programming, and authorizing the City Manager, or his designee to execute the lease Agreements.

PRN; Laurie Smith, 209-577-5347, [email protected]
ACTION: (Kenoyer/Wright; 5/0; Escutia-Braaton Absent) Resolution 2022-209 approving lease Agreements between the City of Modesto and Del Rio CC Foundation (First Tee – Central Valley) and the City of Modesto and the Boys and Girls Clubs of Stanislaus County for lease of property located on Roselawn Avenue (APNs 037-036-007 and 037-051- 001) for operation of youth programming, and authorizing the City Manager, or his designee to execute the lease Agreements.
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Consent

20. Consider approving the list of projects to be funded with Road Repair and Accountability Act tax proceeds in Fiscal Year 2022-2023. (Funding Source: Senate Bill 1 funds)
 Resolution approving the list of projects to be funded with Road Repair and Accountability Act proceeds in Fiscal Year 2022-2023
PUBLIC WORKS; Steve Fischio, 209-342-2222, [email protected] ACTION: (Kenoyer/Wright; 5/0; Escutia-Braaton Absent) Resolution 2022-210 approving the list of projects to be funded with Road Repair and Accountability Act proceeds in Fiscal Year 2022-2023
Consent

21. Consider approving an Agreement for the purchase of Reuse Water from the Turlock Irrigation District. (Funding Source: Wastewater Fund)
 Resolution approving an Agreement for the purchase of Reuse Water from the Turlock Irrigation District and authorizing the City Manager, or his designee, to execute the Agreement.

UTILITIES; Ben Koehler, 209-342-4502, [email protected] ACTION: (Kenoyer/Wright; 5/0; Escutia-Braaton Absent) Resolution 2022-211 approving an Agreement for the purchase of Reuse Water from the Turlock Irrigation District and authorizing the City Manager, or his designee, to execute the Agreement.

COUNCIL COMMENTS & REPORTS
Councilmember Ricci reported on the Star Wars event that will be held on May 4th and he encouraged the public to attend. He further commented on the budget conversations held last week. He commented that City Manager, Joe Lopez’s speech on the state of the city budget is really important and he encourages everyone to watch and listen to it. It’s transparent and it’s time that they really look at the reality of the budget. The people in the city need to know why there is no funding for the parks that are in disarray, along with the bathrooms in parks and why trees did not get pruned for a decade. He hopes this discussion is shared with the public and they start thinking about solutions.

Councilmember Kenoyer thanked Councilmember Ricci for his comments. She agrees with his statement about the City Manager's comments regarding the state of the city budget.

Councilmember Madrigal invited the public to attend the annual Cinco De Mayo Parade that will be held this Saturday, May 7th 11:00 am to 1:00 pm in South Modesto on Crows Landing Road and is sponsored by South Modesto Businesses United (SMBU). This is the first time that the parade is back on after COVID. Councilmember Madrigal also served as a volunteer board member with the SMBU. This is a free community event.

Please call 209-883-8760 for more information or visit the SMBU Instagram or Facebook pages.
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CITY MANAGER COMMENTS & REPORTS
None.

NEW BUSINESS

22. Consider approving the rehire of Michael Bumanlag on a part-time basis for a limited duration of up to three months for the purposes of providing critical software support to ensure the public can be provided service without interruption and overseeing the training and transfer of knowledge to his replacement for a cost not to exceed $25,000. (Funding Source: Information Technology Fund)
 Resolution approving the rehire of Michael Bumanlag on a part-time basis for a limited duration of up to three months for the purposes of providing critical software support to ensure the public can be provided service without interruption and overseeing the training and transfer of knowledge to his replacement for a cost not to exceed $25,000.

HUMAN RESOURCES; Christina Alger, 209-571-5126, [email protected] ACTION: (Wright/Kenoyer; 5/0; Escutia-Braaton Absent) Resolution 2022-212 approving the rehire of Michael Bumanlag on a part-time basis for a limited duration of up to three months for the purposes of providing critical software support to ensure the public can be provided service without interruption and overseeing the training and transfer of knowledge to his replacement for a cost not to exceed $25,000.

23. Consider an ordinance approving the Modesto Police Department Military Equipment Use Policy 710 in accordance with Assembly Bill (AB) 481. (Funding Source: Not Applicable)
 Motion introducing and waiving the first reading of an Ordinance approving the Modesto Police Department Military Equipment Use Policy 710 in accordance with Assembly Bill (AB) 481.

POLICE DEPARTMENT; Jason Grogan, 209-572-9500, [email protected] ACTION: (Wright/Zwahlen; 5/0; Escutia-Braaton Absent) Motion introducing and waiving the first reading of an Ordinance approving the Modesto Police Department Military Equipment Use Policy 710 in accordance with Assembly Bill (AB) 481.

MATTERS TOO LATE FOR THE AGENDA
None.
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ADJOURNMENT
The meeting adjourned at 6:40 pm.

Attest:____________________________
Diane Nayares-Perez, CMC, City
Clerk
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- 1 - ORDINANCE NO. 3745-C.S.

EFFECTIVE DATE: June 9, 2022
ORDINANCE NO. 3745-C.S.

ORDINANCE APPROVING THE MODESTO POLICE DEPARTMENT MILITARY EQUIPMENT USE POLICY 710
WHEREAS, the Modesto Police Department is committed to using the most up-to-date tools and equipment to safeguard the residents of Modesto; and WHEREAS, Assembly Bill 481 (AB 481), codified at Government Code sections 7070 through 7075 requires a law enforcement agency to obtain approval from the applicable governing body, via adoption of a “military equipment” use policy by ordinance, prior to funding, acquiring, or using military equipment; and
WHEREAS, items deemed to be “military equipment” by AB 481 are used as a component of overall best practices for law enforcement agencies (LEAs) throughout the country; and WHEREAS, the term “military equipment”, as used in AB 481, in fact does not necessarily indicate equipment that has been used by the military; and WHEREAS, pursuant to AB 481, items deemed to be “military equipment” include, but are not limited to, unmanned aerial or ground vehicles, armored vehicles, command and control vehicles, pepper balls, less lethal shotguns, less lethal 40mm projectile launchers, and flashbangs; and
WHEREAS, these items provide peace officers with the ability to safely resolve volatile situations which otherwise might rise to the level of a lethal force encounter; and WHEREAS, this policy outlines each item identified in Government Code section 7070, that is currently owned by MPD and the City of Modesto and also includes the current use and cost of each item; and
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- 2 - ORDINANCE NO. 3745-C.S.

EFFECTIVE DATE: June 9, 2022
WHEREAS, these particular items have been in place prior to the implementation of AB 481 and any future acquisitions of any item deemed to be “military equipment” will require policy update and Council approval.

NOW, THEREFORE, the City Council of the City of Modesto does ordain as follows:

SECTION 1. FINDINGS
The City Council of the City of Modesto finds that all of the above Recitals and within this Ordinance are true and correct and incorporated herein by reference. The City Council hereby approves the Modesto Police Department Military Equipment Use Policy 710, attached hereto.

SECTION 2. SEVERABILITY.

If any portion of this Ordinance, or its application to any person or circumstance, is for any reason held to be invalid, unenforceable or unconstitutional, by a court of competent jurisdiction, that portion shall be deemed severable, and such invalidity, unenforceability or unconstitutionality shall not affect the validity or enforceability of the remaining portions of the Ordinance, or its application any other person or circumstance. The City Council or the City of Modesto hereby declares that it would have adopted each section, sentence, clause, or phrase of this Ordinance, irrespective of the fact that any one or more other sections, sentences, clauses or phrases of this Ordinance be declared invalid, unenforceable or unconstitutional.

SECTION 3. CALIFORNIA ENVIRONMENTAL QUALITY ACT (“CEQA”) The City Council hereby finds that the adoption of this Ordinance is exempt from CEQA pursuant to CEQA Guidelines section 15061(b)(3) of the State CEQA Guidelines. Specifically, this Ordinance will not result in a direct or reasonably foreseeable indirect physical change in the environment because it does not authorize the construction of any new structures or other physical changes to the environment.

SECTION 4. EFFECTIVE DATE.
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- 3 - ORDINANCE NO. 3745-C.S.

EFFECTIVE DATE: June 9, 2022
This Ordinance shall go into effect and be in full force and operation from and after thirty (30) days after its final passage and adoption.

SECTION 5. PUBLICATION.

At least two (2) days prior to its final adoption, copies of this Ordinance shall be posted in at least three (3) prominent and distinct locations in the City; and a notice shall be published once in the Modesto Bee, the official newspaper of the City of Modesto, setting forth the title of this Ordinance, the date of its introduction and the places where this ordinance is posted. #6..
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- 4 - ORDINANCE NO. 3745-C.S.

EFFECTIVE DATE: June 9, 2022
The foregoing Ordinance was introduced at a regular meeting of the Council of the City of Modesto held on the 3rd day of May, 2022, by Councilmember Wright, who moved its introduction and passage to print, which motion being duly seconded by Mayor Zwahlen, was upon roll call carried and ordered printed and published by the following vote:

AYES: Council Members: Kenoyer, Madrigal, Ricci, Wright, Mayor Zwahlen NOES: Council Members: None
ABSENT: Council Members: Escutia-Braaton
APPROVED: _________________________
SUE ZWAHLEN, Mayor
ATTEST:

BY: _________________________________
DIANE NAYARES-PEREZ, City Clerk
(SEAL)
APPROVED AS TO FORM:

BY: _________________________________
JOSE M. SANCHEZ, City Attorney
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- 5 - ORDINANCE NO. 3745-C.S.

EFFECTIVE DATE: June 9, 2022

FINAL ADOPTION CLAUSE
The foregoing ordinance, having been published as required by the Charter of the City of Modesto, and coming on for final consideration at the regular meeting of the Council of the City of Modesto held on the 10th day of May, 2022, Councilmember ? moved its final adoption, which motion being duly seconded by Councilmember ?, was upon roll call carried and the ordinance adopted by the following vote:

AYES: Council Members:

NOES: Council Members:

ABSENT: Council Members:

APPROVED: _________________________

SUE ZWAHLEN, MAYOR
ATTEST: __________________________________
DIANE NAYARES-PEREZ, City Clerk
Effective Date: June 9, 2022
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CITY OF MODESTO
ORDINANCE NO. 3745-C.S.

The following Ordinance was introduced by the City Council of the City of Modesto at the meeting of May 3, 2022:

ORDINANCE 3745-C.S. APPROVING THE MODESTO POLICE DEPARTMENT MILITARY EQUIPMENT USE POLICY 710
Copies of the above-mentioned ordinance are posted at the following locations:
 Tenth Street Place, 1010 10th Street
 Maddux Youth Center, 615 Sierra Drive
 Senior Citizen Center, 211 Bodem Street
Diane Nayares-Perez
City Clerk
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CITY OF MODESTO

COUNCIL AGENDA REPORT
DATE OF MEETING:

May 10, 2022
Date: April 15, 2022
TO: Mayor and City Council
THROUGH: Joseph P. Lopez, City Manager
FROM: Jaylen French, Director of Community & Economic Development SUBJECT: Will Serve Letter and Outside Service Agreement for sewer service for the property located at 908 Seybold Avenue (APN: 030-014-027) CONTACT: Jaylen French [email protected] (209) 341-2938 DESCRIPTION:

Consider approving a Will Serve Letter and Outside Service Agreement for sewer service for the property located at 908 Seybold Avenue (APN: 030-014-027). (Funding Sources: Sewer Fund, General Fund)
STRATEGIC PLAN ELEMENT:

This action supports the City Council’s 2020-2025 Strategic Plan, Goal D Ensure Safe, Efficient and Reliable Infrastructure.

BACKGROUND:

Omar O. Octavio Fragoso and Jocelyn Avila, husband and wife as joint tenants, own a property located at 908 Seybold Avenue, which is outside the City’s boundaries but is within the City of Modesto sphere of influence. There is an existing structure on the property with a septic tank that has been failing. The owner has submitted an application requesting a new sewer connection to serve the existing house.

DISCUSSION:

On May 22, 2012, by Resolution Nos. 2012-202 and 203, Council approved amending City Council Policy 5.001 and 5.002 relating to water and sewer service connections into unincorporated areas. On June 5, 2012, the Council approved final adoption of Ordinance No. 3566-C.S. and 3567-C.S. amending City of Modesto Municipal Code Section 11-1.05. Both of these amendments included language which required that the City Manager, upon the recommendation of the Director responsible for utility system planning, request City Council approval for all extensions of water services into unincorporated areas.

On November 25, 2014, Council approved Resolution No. 2014-473 amending City Council Policy 5.002. On December 9, 2014, the Council approved adoption of Ordinance No. 3612- C.S. amending City Municipal Code Section 11-1.05. Both of these amendments included language allowing the City Manager, upon the recommendation of the Director responsible for #7..
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City Council, May 10th, 2022
Will Serve Letter and Outside Service Agreement for sewer service for the property located at 908 Seybold Avenue (APN: 030-014-027)

Page 2 of 3 ends

utility system planning, to approve standard agreements of service for extension of sewer services into certain unincorporated areas without Council approval. However, the subject parcel is not located within one of those designated areas and therefore requires Council approval prior to allowing the sewer connection.

Sewer service may be granted to properties outside the City limits, as described in City Council Policy 5.002, if it is determined that it is reasonable for the City to extend sewer service to the property.

Staff conducted an analysis and determined that it is reasonable to extend service to this property. The property owner will enter into agreement with the City as required for sewer service outside the City limits.

FISCAL IMPACT:

Applicant has paid the following fees:

1. Will Serve Letter for sewer - $494.16

2. Outside Service Agreement – Sewer - $215.43
The above fees were deposited into the General Fund for staff time spent to process both the Will Serve Letter and Outside Service Agreement. There are no other direct impacts to the General Fund.

Sewer connection fees will be determined and collected at the time that the County building permit is issued, or a separate sewer permit is issued for the construction of the sewer line to the property.

COMMITTEE RECOMMENDATION:

This item is not subject to Committee approval.

RECOMMENDED COUNCIL ACTION:

Staff Recommendations:

Resolution approving a Will Serve Letter and Outside Service Agreement between the City of Modesto and Omar O Octavio Fragoso and Jocelyn Avila, husband and wife as joint tenants, to connect to the City of Modesto’s existing sewer system for the property located at 908 Seybold Avenue (APN: 030-014-027), and authorizing the City Manager, or his designee, to sign the Will Serve Letter and execute the Outside Service Agreement.

Approved by:

Jaylen French, Director of Community & Economic
Development
Joseph P. Lopez, City Manager
Attachments:

1. Resolution
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Will Serve Letter and Outside Service Agreement for sewer service for the property located at 908 Seybold Avenue (APN: 030-014-027)

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2. Will Serve Letter

3. Outside Service Agreement

4. Sewer Map
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MODESTO CITY COUNCIL
RESOLUTION NO. 2022-

RESOLUTION APPROVING A WILL SERVE LETTER AND OUTSIDE SERVICE

AGREEMENT BETWEEN THE CITY OF MODESTO AND OMAR O OCTAVIO

FRAGOSO AND JOCELYN AVILA, HUSBAND AND WIFE, AS JOINT TENANTS, TO CONNECT TO THE CITY OF MODESTO’S EXISTING SEWER SYSTEM FOR THE PROPERTY LOCATED AT 908 SEYBOLD AVENUE (APN: 030-014-027), AND

AUTHORIZING THE CITY MANAGER, OR HIS DESIGNEE, TO THE SIGN THE

WILL SERVE LETTER AND EXECUTE THE OUTSIDE SERVICE AGREEMENT WHEREAS, Omar O. Octavio Fragoso and Jocelyn Avila, husband and wife as joint tenants, own a residential property located at 908 Seybold Avenue which is located outside of Modesto City Limits and inside the City’s Sphere of Influence; and WHEREAS, the property located at 908 Seybold Avenue, is not connected to City’s sewer system and is requesting a sewer connection for a new facility; and WHEREAS, on November 25, 2014, City Council approved Resolution No. 2014-473 amending City Council Policy 5.002; and
WHEREAS, on December 9, 2014, City Council approved adoption of Ordinance No.3612-C.S. amending City of Modesto Municipal Code Section 11-1.05; and WHEREAS both of these amendments included language allowing the City Manager, upon the recommendation of the Director responsible for utility system planning to approve standard agreements of service for extension of sewer services into certain unincorporated areas without City Council approval; and WHEREAS, the property located at 908 Seybold Avenue is not located within one of those designated areas and therefore requires City Council approval prior to allowing the sewer connection; and
WHEREAS, City staff has completed an analysis and determined that it is reasonable for the City of Modesto to provide sewer service to this property; and #7..
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WHEREAS, consistent with adopted LAFCO Policy 15, the extension of sewer service is proposed to remedy a health and safety concern in an area with an existing sewer system; and
WHEREAS, the sewer connection fees shall be paid and associated permits will be obtained prior to connecting to the City sewer system; and WHEREAS, the property owner has executed an Outside Service Agreement for sewer service with the City as required to receive sewer service outside the City limits.

NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Modesto that it hereby approves the Will Serve Letter and Outside Service Agreement between the City of Modesto and Omar O. Octavio Fragoso and Jocelyn Avila, husband and wife, as joint tenants, to connect to the City of Modesto’s existing sewer system for the property located at 908 Seybold Avenue (APN: 030-014-027)..

BE IT FURTHER RESOLVED that the City Manager, or his designee, is hereby authorized to approve the Will Serve letter and execute the Outside Service Agreement for sewer service.
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The foregoing documents were introduced at a regular meeting of the Council of the City of Modesto held on the 10th day of May 2022, by Councilmember , who moved its adoption, which motion being duly seconded by Councilmember , was upon roll call carried and the resolution adopted by the following vote:

AYES: Councilmembers:

NOES: Councilmembers:

ABSENT: Councilmembers:

ATTEST: __________________________________
DIANE NAYARES-PEREZ, CMC, City Clerk
(SEAL)
APPROVED AS TO FORM:

BY: _____________________________________
JOSE M. SANCHEZ, City Attorney
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CITY OF MODESTO

COUNCIL AGENDA REPORT
DATE OF MEETING:

May 10, 2022
Date: May 5, 2022
TO: Mayor and City Council
THROUGH: Joseph P. Lopez, City Manager
FROM: Jaylen French, Director of Community and Economic Development SUBJECT: Pelandale Neighborhood Pavement Maintenance and Virginia Corridor Trail Maintenance Project
CONTACT: Phillip Soares, Senior Civil Engineer, [email protected], 577-5258 DESCRIPTION:

Consider approving the plans and specifications for the Pelandale Neighborhood Pavement Maintenance and Virginia Corridor Trail Maintenance Project, accepting the bid, and awarding a contract to American Pavement Systems, Inc. of Modesto, California, in the amount of $1,888,619; and amending the Fiscal Year 2021-2022 Capital Improvement Program (CIP) budget in the amount of $200,000 for Project #101247 and $400,000 for Project #101249. (Funding Source: Local Measure L Funds)
STRATEGIC PLAN ELEMENT:

The Pelandale Neighborhood Pavement Maintenance and Virginia Corridor Trail Maintenance Project is consistent with the Modesto City Council’s 2020-2025 Strategic Goal, “Ensure Safe, Efficient, and Reliable Infrastructure.”
BACKGROUND:

In November of 2016, Stanislaus County voters approved a county-wide, 25-year, half-cent sales tax increase known as Measure L. The tax increase went into effect on April 1, 2017 and the City began receiving quarterly payments commencing in July 2017. On October 4, 2016, Council approved Ordinance No. 3656-C.S. adding Chapter 10 to Title 8 of the Modesto Municipal Code to establish a Citizens’ Transportation Sales Tax Commission (Citizens’ Commission) consisting of eleven members appointed by the Council.

On December 12, 2017 by Resolution 2017-505, Council approved a Measure L Master Funding Agreement between the Stanislaus Council of Governments and the City of Modesto.

The City’s estimated annual share of Measure L local funds is approximately $8.9 million, allocated to three categories: $6.87 million annually for Local Streets and Roads, which is to be used exclusively for repair and maintenance of City streets; $1.37 million annual for Traffic Management, which is to be used to upgrade intersections, widen roads, signalize intersections, #8..
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install traffic calming devices, etc.; and $687,000 annually for Bike and Pedestrian improvements, which is to be used for local connectivity between communities, local schools, trails and recreational facilities.

On March 5, 2020, the Citizens’ Commission approved a list of projects for Fiscal Year 2020- 2021, which included the Pelandale Neighborhood Rehabilitation and Virginia Corridor Trail Maintenance Projects. This Projects were included in the Fiscal Year 2020-2021 Capital Improvement Program, which was presented to the Finance Committee at workshops held on May 18, May 19, and May 20, 2020, and at a joint Planning Commission/Finance Committee meeting held on May 18, 2020. The CIP projects and budget were approved by City Council on June 30, 2020 by Resolution No. 2020-280.

Project work includes pavement maintenance located in the area bound by Dale Road, Bangs Avenue, Tully Road, and Snyder Avenue. This project will maintain approximately 12.6 center line miles or 2,190,000 square feet of local roads, and 1.1 center line miles or 200,000 square feet of minor collector roads (Snyder Avenue). Anticipated improvements include slurry seal surface treatment and restriping, removal of non-compliant ADA ramps, and construction of new compliant ramps in multiple locations, and will include signage and striping for a Class II bikeway on Snyder Avenue.

Project work on the Virginia Corridor includes pavement maintenance (slurry seal) and restripe from Bowen Avenue to the north and College Avenue to the south. The project also includes a slurry seal of various streets within the College Neighborhood between W. Morris (north), Virginia Avenue (east), Needham Street (south), and College Avenue (west), as well as a redesign of the intersection of Stoddard Avenue, Terminal Avenue and the Virginia Corridor.

DISCUSSION:

The project was advertised for bids on March 15, 2022. Bids were publicly opened on April 12, 2022 and American Pavement Systems, Inc. of Modesto, California was the apparent low bidder. The bid tabulation is attached.

The bid analysis is:

Number of bids received 2
Number of bids within 10% of engineer’s estimate 1
Number of bids above the engineer’s estimate 1
American Pavement Systems, Inc.’s bid is 5.57% below the engineer’s estimate and the other bid is 22.85% above the engineer’s estimate. Staff determined that the bid is a reasonable bid for the project and bidder competition was evident. Therefore, City Staff and the City Manager recommend awarding the contract to American Pavement Systems, Inc. of Modesto, California.

Modesto Municipal Code Section 8-3.203 generally requires all purchases, which meet or exceed $50,000 for material, equipment or contractual services to follow the formal bid procedures. An award of $1,888,619 and agreement for construction for Community and Economic Development Department to use American Pavement Systems, Inc. of Modesto, California, conforms to the Modesto Municipal Code because the City complied with the formal bid procedures and American Pavement Systems, Inc. was the lowest responsive and #8..
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responsible bidder. Therefore, City staff and the City Manager recommend awarding the contract to American Pavement Systems, Inc. of Modesto, California. #8..
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FISCAL IMPACT:

Funding for the construction, contingency, construction administration, and City staff engineering/design/administration support will be budgeted in the current FY 2021-2022 Capital Improvement Program budget in Account:
101249 – CED.Transportation Engineering and Design, “Pelandale Nghbrhd Pvmt Maint” 101247 – CED.Transportation Engineering and Design, “Virginia Corridor Trail Maint” DESIGN BUDGET:

Engineering/Design/Administration Support – City Staff $298,880 ANTICIPATED CONSTRUCTION EXPENDITURES: 101249 101247
Construction Contract $1,888,619 $1,224,376 $664,243
Engineering/Design/Admin Support – City Staff $104,324 $81,762 $22,562 Construction Contingency (8%) $151,090 $97,950 $53,140
Construction Admin City Staff & Consultant (15%) $302,400 $196,044 $106,356 City Forces $10,000 $7,000 $3,000
TOTAL ANTICIPATED EXPENDITURES: $2,456,433 $1,607,132 $849,301 Funding for this project was provided by Measure L Local Streets and Roads Funds. The total budget for the project is $2,955,313. As part of this item and award of contract, staff is requesting a budget adjustment in the amount of $200,000 from the Measure L – Traffic Management category and a reduction of $400,000 from the Measure L – Local Streets and Roads category as the original amount budgeted from Local Streets and Roads is higher than needed on the project. Once approved, the total budget for the project will be $2,755,313.

COMMITTEE RECOMMENDATION:

On March 5, 2020, the Citizens’ Commission approved a list of projects for Fiscal Year 2020- 2021, which included the Pelandale Neighborhood Rehabilitation and Virginia Corridor Trail Maintenance Projects. This Projects were included in the Fiscal Year 2020-2021 Capital Improvement Program, which was presented to the Finance Committee at workshops held on May 18, May 19, and May 20, 2020, and at a joint Planning Commission/Finance Committee meeting held on May 18, 2020. The CIP projects and budget were approved by City Council on June 30, 2020 by Resolution No. 2020-280.

CEQA/NEPA REQUIREMENTS:

Environmental review has been provided through a Categorical Exemption under CEQA Section 15301, EA/CEDD 2021-26, filed on October 12, 2021.

RECOMMENDED COUNCIL ACTION:

Staff Recommendation:

Resolution approving the plans and specifications for the Pelandale Neighborhood Pavement Maintenance and Virginia Corridor Trail Maintenance Project, accepting the bid, and awarding a contract to American Pavement Systems, Inc. of Modesto, California, in the amount of $1,888,619 and authorizing the City Manager, or his designee to execute the agreement.

Resolution amending the Fiscal Year 2021-2022 Capital Improvement Program (CIP) budget, Project #101247 in the amount of $200,000 and a reduction in the amount of $400,000 for Project #101249, and amending the transfer from the Measure L – Local Road Tax Fund to fund #8..
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the project and authorizing the City Manager, or his designee, to take the necessary steps to implement the provisions of this resolution.

Approved by:

Jaylen French, Director of CEDD
Joseph P. Lopez, City Manager
Attachments:

1. Resolutions (2)

2. Bid Tabulation for Pelandale Neighborhood Pavement Maintenance and Virginia Corridor Trail Maintenance Project

3. Contract with American Pavement Systems, Inc.
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MODESTO CITY COUNCIL
RESOLUTION NO. 2022-__

RESOLUTION APPROVING THE PLANS AND SPECIFICATIONS FOR THE

PELANDALE NEIGHBORHOOD PAVEMENT MAINTENANCE AND

VIRGINIA CORRIDOR TRAIL MAINTENANCE PROJECT, ACCEPTING THE

BID, AND AWARDING A CONTRACT TO AMERICAN PAVEMENT
SYSTEMS, INC. OF MODESTO, CALIFORNIA, IN THE AMOUNT OF
$1,888,619 AND AUTHORIZING THE CITY MANAGER, OR HIS DESIGNEE

TO EXECUTE THE AGREEMENT
WHEREAS, plans and specifications have been prepared for the Pelandale Neighborhood Pavement Maintenance and Virginia Corridor Trail Maintenance Project, and City staff recommends approval by the City Council; and WHEREAS, the bids received for the Pelandale Neighborhood Pavement Maintenance and Virginia Corridor Trail Maintenance Project were publicly opened at 11:00 a.m. on April 12, 2022, and later tabulated by the Director of Community and Economic Development for the consideration of Council; and WHEREAS, the Director of Community and Economic Development has recommended that the bid of $1,888,619 received from American Pavement Systems, Inc. of Modesto, California be accepted as the lowest responsible and responsive bid and the contract be awarded to American Pavement Systems, Inc.; and WHEREAS, Modesto Municipal Code Section 8-3.203 generally requires all purchases, which meet or exceed $50,000 for material, equipment or contractual services, to follow the formal bid procedures; and
WHEREAS, an award of $1,888,619 and agreement for construction for Community and Economic Development Department to use American Pavement Systems, Inc. of Modesto, California, conforms to the Modesto Municipal Code because #8..
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the City complied with the formal bid procedures and American Pavement Systems, Inc. of Modesto, California, was the lowest responsive bidder.

NOW, THEREFORE BE IT RESOLVED, by the Council of the City of Modesto that it hereby approves the plans and specifications for the Pelandale Neighborhood Pavement Maintenance and Virginia Corridor Trail Maintenance Project, accepts the bid of American Pavement Systems, Inc. of Modesto, California, in the amount of $1,888,618.75, and awards American Pavement Systems, Inc. the contract for the Pelandale Neighborhood Pavement Maintenance and Virginia Corridor Trail Maintenance Project.

BE IT FURTHER RESOLVED, that the City Manager, or his designee, is hereby authorized to execute the contract, in a form approved by the City Attorney. #8..
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The foregoing resolution was introduced at a regular meeting of the Council of the City of Modesto held on the 10th day of May, 2022, by Councilmember ?, who moved its adoption, which motion being duly seconded by Councilmember ?, was upon roll call carried and the resolution adopted by the following vote:

AYES: Councilmembers: ?
NOES: Councilmembers: ?
ABSENT: Councilmembers: ?
ATTEST:

DIANE NAYARES-PEREZ, City Clerk
(SEAL)
APPROVED AS TO FORM:

BY:

JOSE M. SANCHEZ, City Attorney
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MODESTO CITY COUNCIL
RESOLUTION NO. 2022-
RESOLUTION AMENDING THE FISCAL YEAR 2021-2022 CAPITAL
IMPROVEMENT PROGRAM (CIP) BUDGET, PROJECT #101247 IN THE AMOUNT OF $200,000 AND A REDUCTION IN THE AMOUNT OF $400,000 FOR PROJECT #101249, AND AMENDING THE TRANSFER FROM THE MEASURE

L ROAD TAX FUND TO FUND THE PROJECT AND AUTHORIZING THE CITY

MANAGER, OR HIS DESIGNEE, TO TAKE THE NECESSARY STEPS TO

IMPLEMENT THE PROVISIONS OF THIS RESOLUTION
WHEREAS, the Pelandale Neighborhood Pavement and Virginia Corridor Trail Maintenance projects will maintain approximately 12.6 center line miles or 2,190,000 square feet; and
WHEREAS, anticipated improvements include slurry seal surface treatment and restriping, removal of non-compliant ADA ramps, and construction of new compliant ramps in multiple locations; and
WHEREAS, the project was advertised for bid on March 15, 2022 and bids were publicly opened on April 12, 2022; and
WHEREAS, additional funding in the amount of $200,000 is needed for project #101247 related to the construction contract and sufficient funds are available in the Traffic Management category in the Measure L Local Road Tax Fund; and WHEREAS, it was determined project #101249 needs a reduction in budget of $400,000 as the project needs less funds in the Local Streets and Roads category of the Measure L Local Road Tax Fund; and
WHEREAS, the City Council shall consider amending the Capital Improvement Program (CIP) budget to increase the transfer of $200,000 from the Measure L Road Tax fund to Project #101247 and decrease the transfer of $400,000 from the Measure L fund to Project #101249 and allocate adjustment to the projects discretionary budgets to fully fund #8..
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the project and encumber the construction contract.

NOW, THEREFORE, BE IT RESOLVED, that the Council of the City of Modesto that it hereby amends the Fiscal Year 2021-2022 Capital Improvement Program (CIP) Budget Project #101247 in the amount of $200,000 and a reduction in the amount of $400,000 for Project #101249, and amending the transfer from the Measure L Road Tax fund to fund the project.

BE IT FURTHER RESOLVED that the City Manager, or his designee, is hereby authorized to implement the provision of this resolution.

The foregoing resolution was introduced at a regular meeting of the Council of the City of Modesto held on the 10th day of May, 2022, by Councilmember ?, who moved its adoption, which motion being duly seconded by Councilmember ?, was upon roll call carried and the resolution adopted by the following vote:

AYES: Councilmembers:

NOES: Councilmembers:

ABSENT: Councilmembers:

ATTEST:

DIANE NAYARES-PEREZ, City Clerk
APPROVED AS TO FORM:

BY:

JOSE M. SANCHEZ, City Attorney
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and Virginia Corridor Trail Maintenance Project (101247) Bid Tabulation Tuesday, April 12, 2022
Project Title: Pelandale Neighborhood Pavement Maintenance and Virginia Corridor Trail Maintenance Project
Project ID #: 2022-19
Vault ID #: 20-D-0716
Account #: 101249 & 101247
Bid Opening: 4/12/2022 at 11:00 AM
Basis of Award: By Base Bid Designer: Michael Sacuskie
Design Manager: Phillip Soares
Project Description: Anticipated improvements include slurry seal surface treatment and restriping, removal of non-compliant ADA ramps, and construction of new compliant ramps in multiple locations, and will include signage and striping for Class II bikeway on Snyder Avenue.

Item # Item Description Units Quantity Unit Price Extension Apparent Low Bidder
American Pavement Systems, Inc.
(209) 522-2277, Fax (209) 408-0427 1012 11th Street, Suite 1000, Modesto, CA 95354 Base Bid
PELANDALE, COLLEGE AND LA LOMA NEIGHBORHOOD PAVEMENT MAINTENANCE (101249) 1 Water Pollution Control Plan (WPCP) LS 1 $788.00 $788.00 2 Monument Preservation LS 1 $15,400.00 $15,400.00
3 Curb Ramp Asbuilt Inspection Forms LS 1 $418.00 $418.00 4 Traffic Control and Construction Area Signs LS 1 $67,650.00 $67,650.00 5 Portable Changeable Message Sign EA 2 $4,725.00 $9,450.00 6 Sawcut PCC and AC LF 100 $10.50 $1,050.00
7 Demolition LS 1 $17,850.00 $17,850.00
8 Concrete Curb and Gutter LF 100 $24.15 $2,415.00
9 Concrete Flatwork SF 550 $24.15 $13,282.50
10 Cast Iron Detectable Warning Plate SF 45 $68.25 $3,071.25 11 Place Hot Mix Asphalt at Miscellaneous Areas SF 3,533 $17.85 $63,064.05 12 Cold Plane Asphalt Concrete 0.17' Deep SF 16,657 $1.68 $27,983.76 13 Type A Hot Mix Asphalt 0.17' Thick TON 212 $236.00 $50,032.00 14 Adjust Water Valves to Finished Grade EA 6 $1,050.00 $6,300.00 15 Adjust Storm Manhole to Finished Grade EA 2 $1,050.00 $2,100.00 16 Adjust Sewer Manhole to Finished Grade EA 5 $1,050.00 $5,250.00 17 Remove and Replace Electrical Pull Box EA 12 $5,000.00 $60,000.00 18 Sweeping LS 1 $5,100.00 $5,100.00
19 Surface Preparation LS 1 $6,800.00 $6,800.00
20 Asphalt Rubber Chip Seal (3/8" Aggregate) SY 27,451 $5.15 $141,372.65 21 Type II Slurry Seal (Pelandale Neighborhood) SF 2,480,725 $0.21 $520,952.25 22 Type II Slurry Seal (College Neighborhood) SF 266,888 $0.21 $56,046.48 23 Removal and Installation of Striping, Markings LS 1 $148,000.00 $148,000.00 and Signage (All Locations Except Bike Path)
VIRGINIA CORRIDOR TRAIL MAINTENANCE PROJECT (101247)
24 Water Pollution Control Plan (WPCP) LS 1 $788.00 $788.00 25 Monument Preservation LS 1 $1,722.00 $1,722.00
26 Curb Ramp Asbuilt Inspection Forms LS 1 $1,155.00 $1,155.00 27 Traffic Control and Construction Area Signs LS 1 $85,000.00 $85,000.00 #8..
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and Virginia Corridor Trail Maintenance Project (101247) Item # Item Description Units Quantity Unit Price Extension 28 Portable Changeable Message Sign EA 2 $4,725.00 $9,450.00 29 Sawcut PCC and AC LF 1,067 $7.35 $7,842.45
30 Demolition LS 1 $66,000.00 $66,000.00
31 Earthwork and Grading LS 1 $87,000.00 $87,000.00
32 Concrete Curb and Gutter LF 800 $56.70 $45,360.00
33 Concrete Flatwork SF 6,746 $12.81 $86,416.26
34 Colored Concrete Flatwork (Virginia Corridor SF 1,856 $17.85 $33,129.60 Plaza and Bike Path Edge)
35 Cast Iron Detectable Warning Plate SF 156 $68.25 $10,647.00 36 Mini Rockwell and Trench Plates LS 1 $5,500.00 $5,500.00 37 Sweeping LS 1 $5,100.00 $5,100.00
38 Surface Preparation LS 1 $7,000.00 $7,000.00
39 Type I Slurry Seal (Virginia Corridor Bike Path) SF 75,150 $0.55 $41,332.50 40 Surface Preparation For Speed Cushions LS 1 $12,500.00 $12,500.00 (0.12' Cold Plane Mill and Tack Coat)
41 Speed Cushion Installation (Stoddard Avenue) EA 2 $4,200.00 $8,400.00 42 Street Light (Northwest Corner of Stoddard LS 1 $75,000.00 $75,000.00 and Terminal)
43 Removal and Installation of Striping, Markings LS 1 $16,000.00 $16,000.00 and Signage (Virginia Corridor Bike Path)
EDGEBROOK DRIVE, ENCINA AVENUE AND BUENA VISTA AVENUE SPEED CUSHIONS (101247) 44 Traffic Control and Construction Area Signs LS 1 $6,900.00 $6,900.00 45 Surface Preparation For Speed Cushions LS 1 $16,000.00 $16,000.00 (0.12' Cold Plane Mill and Tack Coat)
46 Speed Cushion Installation (Edgebrook Drive, EA 6 $6,000.00 $36,000.00 Encina and Buena Vista Avenue)
Total: $1,888,618.75
Percent From Engineer's Estimate: -5.57%
VSS International, Inc.
(916) 373-1500 3785 Channel Drive, West Sacramento, CA 95691 Base Bid
PELANDALE, COLLEGE AND LA LOMA NEIGHBORHOOD PAVEMENT MAINTENANCE (101249) 1 Water Pollution Control Plan (WPCP) LS 1 $5,400.00 $5,400.00 2 Monument Preservation LS 1 $132,300.00 $132,300.00
3 Curb Ramp Asbuilt Inspection Forms LS 1 $2,589.84 $2,589.84 4 Traffic Control and Construction Area Signs LS 1 $193,988.47 $193,988.47 5 Portable Changeable Message Sign EA 2 $1,620.00 $3,240.00 6 Sawcut PCC and AC LF 100 $10.80 $1,080.00
7 Demolition LS 1 $18,360.00 $18,360.00
8 Concrete Curb and Gutter LF 100 $24.84 $2,484.00
9 Concrete Flatwork SF 550 $24.84 $13,662.00
10 Cast Iron Detectable Warning Plate SF 45 $70.20 $3,159.00 11 Place Hot Mix Asphalt at Miscellaneous Areas SF 3,533 $18.36 $64,865.88 12 Cold Plane Asphalt Concrete 0.17' Deep SF 16,657 $1.73 $28,816.61 13 Type A Hot Mix Asphalt 0.17' Thick TON 212 $243.00 $51,516.00 14 Adjust Water Valves to Finished Grade EA 6 $1,080.00 $6,480.00 15 Adjust Storm Manhole to Finished Grade EA 2 $1,080.00 $2,160.00 16 Adjust Sewer Manhole to Finished Grade EA 5 $1,080.00 $5,400.00 17 Remove and Replace Electrical Pull Box EA 12 $5,238.00 $62,856.00 18 Sweeping LS 1 $63,000.00 $63,000.00
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and Virginia Corridor Trail Maintenance Project (101247) Item # Item Description Units Quantity Unit Price Extension 19 Surface Preparation LS 1 $20,000.00 $20,000.00
20 Asphalt Rubber Chip Seal (3/8" Aggregate) SY 27,451 $6.64 $182,274.64 21 Type II Slurry Seal (Pelandale Neighborhood) SF 2,480,725 $0.28 $694,603.00 22 Type II Slurry Seal (College Neighborhood) SF 266,888 $0.28 $74,728.64 23 Removal and Installation of Striping, Markings LS 1 $152,035.92 $152,035.92 and Signage (All Locations Except Bike Path)
VIRGINIA CORRIDOR TRAIL MAINTENANCE PROJECT (101247)
24 Water Pollution Control Plan (WPCP) LS 1 $2,160.00 $2,160.00 25 Monument Preservation LS 1 $19,440.00 $19,440.00
26 Curb Ramp Asbuilt Inspection Forms LS 1 $6,588.00 $6,588.00 27 Traffic Control and Construction Area Signs LS 1 $95,580.00 $95,580.00 28 Portable Changeable Message Sign EA 2 $1,620.00 $3,240.00 29 Sawcut PCC and AC LF 1,067 $7.56 $8,066.52
30 Demolition LS 1 $68,040.00 $68,040.00
31 Earthwork and Grading LS 1 $89,640.00 $89,640.00
32 Concrete Curb and Gutter LF 800 $58.32 $46,656.00
33 Concrete Flatwork SF 6,746 $13.18 $88,912.28
34 Colored Concrete Flatwork (Virginia Corridor Plaza SF 1,856 $18.36 $34,076.16 and Bike Path Edge)
35 Cast Iron Detectable Warning Plate SF 156 $70.20 $10,951.20 36 Mini Rockwell and Trench Plates LS 1 $5,400.00 $5,400.00 37 Sweeping LS 1 $2,924.98 $2,924.98
38 Surface Preparation LS 1 $1,000.00 $1,000.00
39 Type I Slurry Seal (Virginia Corridor Bike Path) SF 75,150 $0.35 $26,302.50 40 Surface Preparation For Speed Cushions LS 1 $12,960.00 $12,960.00 (0.12' Cold Plane Mill and Tack Coat)
41 Speed Cushion Installation (Stoddard Avenue) EA 2 $4,320.00 $8,640.00 42 Street Light (Northwest Corner of Stoddard LS 1 $64,260.00 $64,260.00 and Terminal)
43 Removal and Installation of Striping, Markings LS 1 $16,002.36 $16,002.36 and Signage (Virginia Corridor Bike Path)
EDGEBROOK DRIVE, ENCINA AVENUE AND BUENA VISTA AVENUE SPEED CUSHIONS (101247) 44 Traffic Control and Construction Area Signs LS 1 $7,840.40 $7,840.40 45 Surface Preparation For Speed Cushions LS 1 $16,740.00 $16,740.00 (0.12' Cold Plane Mill and Tack Coat)
46 Speed Cushion Installation (Edgebrook Drive, EA 6 $6,096.60 $36,579.60 Encina and Buena Vista Avenue)
Total: $2,457,000.00
Percent From Engineer's Estimate: 22.85%
Engineer's Estimate
Base Bid
PELANDALE, COLLEGE AND LA LOMA NEIGHBORHOOD PAVEMENT MAINTENANCE (101249) 1 Water Pollution Control Plan (WPCP) LS 1 $5,000.00 $5,000.00 2 Monument Preservation LS 1 $6,000.00 $6,000.00
3 Curb Ramp Asbuilt Inspection Forms LS 1 $1,000.00 $1,000.00 4 Traffic Control and Construction Area Signs LS 1 $140,926.60 $140,926.60 5 Portable Changeable Message Sign EA 2 $5,000.00 $10,000.00 6 Sawcut PCC and AC LF 100 $10.00 $1,000.00
7 Demolition LS 1 $5,000.00 $5,000.00
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Page 4 of 4 ends

and Virginia Corridor Trail Maintenance Project (101247) Item # Item Description Units Quantity Unit Price Extension 8 Concrete Curb and Gutter LF 100 $60.00 $6,000.00
9 Concrete Flatwork SF 550 $17.00 $9,350.00
10 Cast Iron Detectable Warning Plate SF 45 $60.00 $2,700.00 11 Place Hot Mix Asphalt at Miscellaneous Areas SF 3,533 $13.00 $45,929.00 12 Cold Plane Asphalt Concrete 0.17' Deep SF 16,657 $0.75 $12,492.75 13 Type A Hot Mix Asphalt 0.17' Thick TON 212 $200.00 $42,400.00 14 Adjust Water Valves to Finished Grade EA 6 $1,000.00 $6,000.00 15 Adjust Storm Manhole to Finished Grade EA 2 $1,200.00 $2,400.00 16 Adjust Sewer Manhole to Finished Grade EA 5 $1,200.00 $6,000.00 17 Remove and Replace Electrical Pull Box EA 12 $1,200.00 $14,400.00 18 Sweeping LS 1 $15,000.00 $15,000.00
19 Surface Preparation LS 1 $15,000.00 $15,000.00
20 Asphalt Rubber Chip Seal (3/8" Aggregate) SY 27,451 $5.25 $144,117.75 21 Type II Slurry Seal (Pelandale Neighborhood) SF 2,480,725 $0.30 $744,217.50 22 Type II Slurry Seal (College Neighborhood) SF 266,888 $0.30 $80,066.40 23 Removal and Installation of Striping, Markings LS 1 $215,000.00 $215,000.00 and Signage (All Locations Except Bike Path)
VIRGINIA CORRIDOR TRAIL MAINTENANCE PROJECT (101247)
24 Water Pollution Control Plan (WPCP) LS 1 $3,000.00 $3,000.00 25 Monument Preservation LS 1 $6,000.00 $6,000.00
26 Curb Ramp Asbuilt Inspection Forms LS 1 $2,000.00 $2,000.00 27 Traffic Control and Construction Area Signs LS 1 $52,153.50 $52,153.50 28 Portable Changeable Message Sign EA 2 $5,000.00 $10,000.00 29 Sawcut PCC and AC LF 1,067 $10.00 $10,670.00
30 Demolition LS 1 $20,000.00 $20,000.00
31 Earthwork and Grading LS 1 $15,000.00 $15,000.00
32 Concrete Curb and Gutter LF 800 $60.00 $48,000.00
33 Concrete Flatwork SF 6,746 $17.00 $114,682.00
34 Colored Concrete Flatwork (Virginia Corridor Plaza SF 1,856 $22.00 $40,832.00 and Bike Path Edge)
35 Cast Iron Detectable Warning Plate SF 156 $60.00 $9,360.00 36 Mini Rockwell and Trench Plates LS 1 $15,000.00 $15,000.00 37 Sweeping LS 1 $5,000.00 $5,000.00
38 Surface Preparation LS 1 $5,000.00 $5,000.00
39 Type I Slurry Seal (Virginia Corridor Bike Path) SF 75,150 $0.35 $26,302.50 40 Surface Preparation For Speed Cushions LS 1 $2,000.00 $2,000.00 (0.12' Cold Plane Mill and Tack Coat)
41 Speed Cushion Installation (Stoddard Avenue) EA 2 $5,000.00 $10,000.00 42 Street Light (Northwest Corner of Stoddard LS 1 $10,000.00 $10,000.00 and Terminal)
43 Removal and Installation of Striping, Markings LS 1 $25,000.00 $25,000.00 and Signage (Virginia Corridor Bike Path)
EDGEBROOK DRIVE, ENCINA AVENUE AND BUENA VISTA AVENUE SPEED CUSHIONS (101247) 44 Traffic Control and Construction Area Signs LS 1 $4,000.00 $4,000.00 45 Surface Preparation For Speed Cushions LS 1 $6,000.00 $6,000.00 (0.12' Cold Plane Mill and Tack Coat)
46 Speed Cushion Installation (Edgebrook Drive, EA 6 $5,000.00 $30,000.00 Encina and Buena Vista Avenue)
Total: $2,000,000.00
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A-1 City of Modesto
Pelandale Neighborhood Pavement Maintenance
and Virginia Corridor Trail Maintenance Project

CONTRACT
This Agreement, made and entered into in the City of Modesto, County of Stanislaus, State of California, this 10th day of May, 2022, by and between the City of Modesto, a municipal corporation of the State of California, hereinafter called City, and AMERICAN PAVEMENT SYSTEMS, INC., a California corporation, hereinafter called Contractor, R E C I T A L S :

WHEREAS, the City Manager of the City of Modesto, authorized the call for bids, approved the Plans and Specifications prepared under the direction of the Director of Community and Economic Development Department for the PELANDALE NEIGHBORHOOD

PAVEMENT MAINTENANCE AND VIRGINIA CORRIDOR TRAIL MAINTENANCE PROJECT and directed the City Clerk to advertise for sealed bids for doing said work and providing that bids be submitted on the 12th day of April 2022; and WHEREAS, the City Clerk, thereafter duly and regularly caused a notice to be published in the manner and for the time prescribed by law; and WHEREAS, Contractor, pursuant to the provisions of said notice duly filed a bid with the City Clerk, a true copy of which is now on file in the office of the City Clerk of the City of Modesto, and is hereby referred to and by this reference made a part hereof as fully as if set forth at length herein; and
WHEREAS, all bids received pursuant to said notice were opened and examined and publicly declared at the time specified in said advertisement for bids and at a regular meeting of the City Council held on the 10th day of May, 2022 by Resolution 2022-_______ the Council found and declared the bid of Contractor to be the lowest responsive bid and thereupon awarded a Contract to Contractor to do the Work referred to in the aforementioned Plans and #8..
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A-2 City of Modesto
Pelandale Neighborhood Pavement Maintenance
and Virginia Corridor Trail Maintenance Project
Specifications.

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

1. SCOPE OF WORK, hereinafter called the Work.
a. Contractor shall furnish all labor, materials and equipment necessary to complete the Work as specified in the Plans and Specifications entitled

PELANDALE NEIGHBORHOOD PAVEMENT MAINTENANCE AND VIRGINIA CORRIDOR TRAIL MAINTENANCE PROJECT, City of Modesto, Community and Economic Development Department, Project Number 2022-19, and in strict accordance with the conditions of the complete Contract Documents. All incidental Work not included in the Contract Documents or specified herein which is necessary to complete the Work so as to provide the system described, or shown, shall be furnished and installed as part of this Agreement at no additional cost to the City. The Work shall be complete and ready for service as described in the Contract Documents to the satisfaction of the Director of Utilities. b. Contractor shall do and perform the Work contemplated hereby in a good and workmanlike manner under the direction of and to the satisfaction of the Director of Utilities of the City of Modesto.
c. Contractor shall do and perform the Work contemplated hereby and shall furnish all labor, materials, tools and equipment therefore at the prices herein specified to, wit:

CONTRACTOR’S BID
Item
No.

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

PELANDALE, COLLEGE AND LA LOMA NEIGHBORHOOD PAVEMENT
MAINTENANCE (101249)

1. Water Pollution Control Plan
(WPCP)
LS 1 $788.00 $788.00
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A-3 City of Modesto
Pelandale Neighborhood Pavement Maintenance
and Virginia Corridor Trail Maintenance Project
Item
No.

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

2. Monument Preservation LS 1 $15,400.00 $15,400.00

3. Curb Ramp Asbuilt Inspection
Forms
LS 1 $418.00 $418.00

4. Traffic Control and Construction
Area Signs
LS 1 $67,650.00 $67,650.00

5. Portable Changeable Message
Sign
EA 2 $4,725.00 $9,450.00

6. Sawcut PCC and AC LF 100 $10.50 $1,050.00

7. Demolition LS 1 $17,850.00 $17,850.00

8. Concrete Curb and Gutter LF 100 $24.15 $2,415.00

9. Concrete Flatwork SF 550 $24.15 $13,282.50

10. Cast Iron Detectable Warning
Plate
SF 45 $68.25 $3,071.25

11. Place Hot Mix Asphalt at
Miscellaneous Areas
SF 3,533 $17.85 $63,064.05

12. Cold Plane Asphalt Concrete

0.17' Deep
SF 16,657 $1.68 $27,983.76

13. Type A Hot Mix Asphalt 0.17'
Thick
TON 212 $236.00 $50,032.00

14. Adjust Water Valves to Finished
Grade
EA 6 $1,050.00 $6,300.00

15. Adjust Storm Manhole to
Finished Grade
EA 2 $1,050.00 $2,100.00

16. Adjust Sewer Manhole to
Finished Grade
EA 5 $1,050.00 $5,250.00

17. Remove and Replace Electrical
Pull Box
EA 12 $5,000.00 $60,000.00

18. Sweeping LS 1 $5,100.00 $5,100.00

19. Surface Preparation LS 1 $6,800.00 $6,800.00

20. Asphalt Rubber Chip Seal (3/8"
Aggregate)
SY 27,451 $5.15 $141,372.65

21. Type II Slurry Seal (Pelandale
Neighborhood)
SF 2,480,725 $0.21 $520,952.25

22. Type II Slurry Seal (College
Neighborhood)
SF 266,888 $0.21 $56,046.48

23. Removal and Installation of
Striping, Markings and Signage
(All Locations Except Bike
Path)
LS 1 $148,000.00 $148,000.00
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A-4 City of Modesto
Pelandale Neighborhood Pavement Maintenance
and Virginia Corridor Trail Maintenance Project
Item
No.

Item Description Unit of
Measure
Estimated
Quantity
Unit
Price
Total Price
(Figures)
VIRGINIA CORRIDOR TRAIL MAINTENANCE PROJECT (101247)

24. Water Pollution Control Plan
(WPCP)
LS 1 $788.00 $788.00

25. Monument Preservation LS 1 $1,722.00 $1,722.00

26. Curb Ramp Asbuilt Inspection
Forms
LS 1 $1,155.00 $1,155.00

27. Traffic Control and Construction
Area Signs
LS 1 $85,000.00 $85,000.00

28. Portable Changeable Message
Sign
EA 2 $4,725.00 $9,450.00

29. Sawcut PCC and AC LF 1,067 $7.35 $7,842.45

30. Demolition LS 1 $66,000.00 $66,000.00

31. Earthwork and Grading LS 1 $87,000.00 $87,000.00

32. Concrete Curb and Gutter LF 800 $56.70 $45,360.00

33. Concrete Flatwork SF 6,746 $12.81 $86,416.26

34. Colored Concrete Flatwork
(Virginia Corridor Plaza and
Bike Path Edge)
SF 1,856 $17.85 $33,129.60

35. Cast Iron Detectable Warning
Plate
SF 156 $68.25 $10,647.00

36. Mini Rockwell and Trench
Plates
LS 1 $5,500.00 $5,500.00

37. Sweeping LS 1 $5,100.00 $5,100.00

38. Surface Preparation LS 1 $7,000.00 $7,000.00

39. Type I Slurry Seal (Virginia
Corridor Bike Path)
SF 75,150 $0.55 $41,332.50

40. Surface Preparation For Speed
Cushions (0.12' Cold Plane Mill
and Tack Coat)
LS 1 $12,500.00 $12,500.00

41. Speed Cushion Installation
(Stoddard Avenue)
EA 2 $4,200.00 $8,400.00

42. Street Light (Northwest Corner
of Stoddard and Terminal)
LS 1 $75,000.00 $75,000.00

43. Removal and Installation of
Striping, Markings and Signage
(Virginia Corridor Bike Path)
LS 1 $16,000.00 $16,000.00
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A-5 City of Modesto
Pelandale Neighborhood Pavement Maintenance
and Virginia Corridor Trail Maintenance Project
Item
No.

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

EDGEBROOK DRIVE, ENCINA AVENUE AND BUENA VISTA AVENUE SPEED CUSHIONS (101247)

44. Traffic Control and Construction
Area Signs
LS 1 $6,900.00 $6,900.00

45. Surface Preparation For Speed
Cushions (0.12' Cold Plane Mill
and Tack Coat)
LS 1 $16,000.00 $16,000.00

46. Speed Cushion Installation
(Edgebrook Drive, Encina and
Buena Vista Avenue)
EA 6 $6,000.00 $36,000.00
TOTAL BID $1,888,618.75

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

All documents specified above are intended to operate so that any component of the Work called for in one and not mentioned in any other, or vice versa, is to be #8..
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A-6 City of Modesto
Pelandale Neighborhood Pavement Maintenance
and Virginia Corridor Trail Maintenance Project
executed the same as if mentioned in all of the documents. The listed documents comprise the Contract Documents.

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

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

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

5. INDEMNITY. The Contractor shall hold the City, its agents, officers, employees, and volunteers, harmless from and save, defend and indemnify them against any and all claims, losses, liabilities, judgments or damages from every cause, including but not limited to injury to person or property or wrongful death, including reasonable costs and expenses of defense of any judicial or administrative action, arising directly or indirectly out of any negligent or intentional act or omission of Contractor, or its agents, officers, employees, or volunteers relating to or during the performance of its obligations under this Agreement. This provision #8..
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A-7 City of Modesto
Pelandale Neighborhood Pavement Maintenance
and Virginia Corridor Trail Maintenance Project
does not apply to claims, loss, liability, damage or expense arising from (a) the sole negligence or willful misconduct of the City, or (b) the active negligence of the City.

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

6. LIABILITY INSURANCE.

A. General
Contractor shall procure and maintain for the duration of this Agreement, and for the entire duration covered by the warranty bond, insurance as required by the Contract Documents and against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the Work by the Contractor, its agents, representatives, employees, or subcontractors.

B. Minimum Scope and Limit of Insurance
Coverage shall be at least as broad as:

1. Commercial General Liability (CGL): Insurance Services Office Form CG 00 01, including products and completed operations, with limits of no less than $3,000,000 per occurrence for bodily injury, personal injury, and property damage. If a general aggregate limit applies, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit.

2. Automobile Liability: Insurance Services Office Form Number CA 0001 covering Code 1 (any auto), with limits no less than $2,000,000 per accident for bodily injury and property damage.
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A-8 City of Modesto
Pelandale Neighborhood Pavement Maintenance
and Virginia Corridor Trail Maintenance Project

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

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

5. Contractors’ Pollution Legal Liability and/or Asbestos Legal Liability and/or Errors and Omissions with limits no less than $1,000,000 per occurrence or claim, and $2,000,000 policy aggregate, is required.

C. Deductibles and Self-Insured Retentions
Any deductibles or self-insured retentions must be declared to and approved by the City. At the option of the City, either: the contractor shall cause the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects the City, its officers, officials, employees, and volunteers; or the Contractor shall provide a financial guarantee satisfactory to the City guaranteeing payment of losses and related investigations, claim administration, and defense expenses.

D. Other Insurance Provisions
The insurance policies are to contain, or be endorsed to contain, the following provisions:

1. The City, its officers, officials, employees, and volunteers are to be covered as additional insureds on the CGL and automobile liability policies with respect to liability arising out of work or operations performed by or on behalf of the Contractor including materials, parts, or equipment furnished in connection with such work or operations #8..
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A-9 City of Modesto
Pelandale Neighborhood Pavement Maintenance
and Virginia Corridor Trail Maintenance Project
and automobiles owned, leased, hired, or borrowed by or on behalf of the Contractor. General liability coverage can be provided in the form of an endorsement to the Contractor’s insurance (at least as broad as ISO Form CG 20 10, 11 85 or both CG 20 10 and CG 23 37 forms if later revisions used).

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

3. Each insurance policy required by this clause shall provide that coverage shall not be canceled, except with notice to the City.

E. Builder’s Risk (Course of Construction) Insurance
Contractor may submit evidence of Builder’s Risk insurance in the form of Course of Construction coverage. Such coverage shall name the City as a loss payee as their interest may appear.

F. Claims Made Policies
If any coverage required is written on a claims-made coverage form:

1. The retroactive date must be shown, and this date must be before the execution date of the Agreement or the beginning of Contract Work.

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

3. If coverage is canceled or non-renewed, and not replaced with another claims-made policy form with a retroactive date prior to the Agreement effective, or #8..
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A-10 City of Modesto
Pelandale Neighborhood Pavement Maintenance
and Virginia Corridor Trail Maintenance Project
start of work date, the Contractor must purchase extended reporting period coverage for a minimum of five (5) years after completion of Contract Work.

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

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

G. Acceptability of Insurers
Insurance is to be placed with insurers with a current A.M. Best rating of no less than A: VII, unless otherwise acceptable to the City.

H. Waiver of Subrogation
Contractor hereby agrees to waive rights of subrogation which any insurer of Contractor may acquire from Contractor by virtue of the payment of any loss.

Contractor agrees to obtain any endorsement that may be necessary to affect this waiver of subrogation. The Workers’ Compensation policy shall be endorsed with a waiver of subrogation in favor of the City for all work performed by the Contractor, its employees, agents and subcontractors.

I. Verification of Coverage
Contractor shall furnish the City with original certificates and amendatory endorsements, or copies of the applicable insurance language, effecting coverage required by this Agreement. The Contractor must deliver certificates evidencing existence of the insurance and specified endorsements listed above to the Director of Utilities within 5 business #8..
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A-11 City of Modesto
Pelandale Neighborhood Pavement Maintenance
and Virginia Corridor Trail Maintenance Project
days after the Notice of Award is received. However, failure to obtain the required documents prior to the work beginning shall not waive the Contractor’s obligation to provide them. The City reserves the right to require complete, certified copies of all required insurance policies, including endorsements, required by the Contract Documents, at any time.

J. Subcontractors
Contractor shall require and verify that all subcontractors maintain insurance for the duration of the project and through acceptance by City Council.

7. BONDS. The Contractor shall furnish City the following separate surety bonds:
a. Performance Bond. Within 5 business days after receipt of the Notice of Award and prior to commencement of Work, the Contractor shall furnish a separate surety bond in an amount equal to one hundred percent (100%) of the Agreement price, shall be for the faithful performance of the Agreement, shall be approved by City, and shall be secured from a surety or sureties satisfactory to City.
b. Payment Bond. Within 5 business days after receipt of the Notice of Award and prior to commencement of Work, the Contractor shall furnish a separate surety bond in an amount at least equal to one hundred percent (100%) of the Agreement price as security for the payment of all persons for furnishing materials, provisions, or other supplies, or items, used in, upon, for, or about the performance of the Work contracted to be done; or for performing any work or labor thereon of any kind, and for the payment of amounts due under the Unemployment Insurance Code with respect to such work or labor in connection with this Agreement, and for the payment of a reasonable attorney's fee to be fixed by the court in case suit is brought upon the bond.
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A-12 City of Modesto
Pelandale Neighborhood Pavement Maintenance
and Virginia Corridor Trail Maintenance Project
c. Warranty Bond. Prior to issuance of a Notice of Completion for the contracted work, Contractor shall file with the City a Warranty Bond or equivalent security in the amount of ten percent (10%) of the estimated cost of the contracted work to guaranty and warranty the contracted work for a period of one (1) year following City Council acceptance thereof against any defective work or labor done, or defective materials furnished.

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

9. TERMINATION OF AGREEMENT.

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

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

The Contractor understands and agrees that City may, in City's sole discretion, refuse to pay Contractor for that portion of Contractor's services which were #8..
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A-13 City of Modesto
Pelandale Neighborhood Pavement Maintenance
and Virginia Corridor Trail Maintenance Project
performed by Contractor on the project prior to the termination date and which remain unacceptable and/or not useful to City as of the termination date.

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

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

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

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

3. If directed in writing by the City to do so, assign all right, title and interest in subcontracts and materials in progress to City, in which case the City will have the right at its #8..
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A-14 City of Modesto
Pelandale Neighborhood Pavement Maintenance
and Virginia Corridor Trail Maintenance Project
discretion to settle, or pay any or all claims arising out of the termination of such subcontractors, but in no event shall recovery by any Contractor or subcontractor include lost profits for portions of the Work not completed or
undertaken, including materials not delivered;

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

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

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

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

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

B. City will pay Contractor an amount based on the percentage of work completed in accordance with the Notice of Termination. The final payment to the Contractor after termination for convenience shall be limited to amounts due and owing under #8..
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A-15 City of Modesto
Pelandale Neighborhood Pavement Maintenance
and Virginia Corridor Trail Maintenance Project
the Agreement at time of termination, including the following:

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

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

3. The cost of settling and paying valid claims arising out of the termination of the Work such as subcontract
agreements or contracts for materials;

4. The Agreement price allocable to the portion of the Work properly performed or goods supplied by the Contractor as of the date of termination, as determined in accordance with the Notice of Termination, reduced by any sums
previously paid to the Contractor.

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

Authorization to Terminate Agreement
Termination of the Agreement may be invoked by the City Manager, or his/her designee, subject to the right of the Contractor to appeal the City Manager, or his/her designee’s, decision to the City Council. The Contractor shall appeal by notifying the City Clerk in writing within ten (10) business days of receipt of notification from City to terminate the Agreement. In the event that termination of this Agreement is upheld by the City Council, any valid claims for delay shall be retroactive to the date of termination selected by the City Manager, #8..
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A-16 City of Modesto
Pelandale Neighborhood Pavement Maintenance
and Virginia Corridor Trail Maintenance Project
or his/her designee.

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

Contractor: American Pavement Systems, Inc.

Attn: Gregory B. Reed, President
1012 11th Street
Modesto, CA 95354
Phone (209) 522-2277, Fax (209) 408-0427
City: City of Modesto
Director of Utilities
P.O. Box 642
Modesto, CA 95353
Phone (209) 577-5215, Fax (209) 577-4302
Each party may change its address for delivery of notice by delivering written notice of such change of address to the other party.

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

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

13. MISCELLANEOUS. Time is of the essence of this Agreement. #8..
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CITY OF MODESTO

COUNCIL AGENDA REPORT
DATE OF MEETING:

May 10, 2022
Date: May 5, 2022
TO: Mayor and City Council
THROUGH: Joseph P. Lopez, City Manager
FROM: Jaylen French, Director of Community and Economic Development SUBJECT: 7th Street Bridge Replacement Project Easements CONTACT: John Rawles, Senior Civil Engineer, [email protected], 209-577-5253 DESCRIPTION:

Consider approving the proposed airspace and roadway easements within Tuolumne River Regional Park Gateway parcel (APN: 102-016-003) necessary to construct the 7th Street Bridge Replacement Project. (Funding Source: Not Applicable)
STRATEGIC PLAN ELEMENT:

The recommended action is consistent with the City Council’s 2020-2025 Strategic Plan, Goal D Ensure Safe, Efficient and Reliable Infrastructure and Goal Drive Economic Vitality.

BACKGROUND:

The Stanislaus County Department of Public Works (County), in cooperation with the City of Modesto (City), California Department of Transportation (Caltrans), and Federal Highway Administration (FHWA), are coordinating on a project to replace the historic 7th Street Bridge over the Tuolumne River in order to correct structural and hydraulic deficiencies, increase the capacity of the 7th Street corridor, and to improve safety for vehicles, bicycles, and pedestrians.

DISCUSSION:

The 7th Street Bridge Replacement Project (Project) will have direct impacts on the Tuolumne River Regional Park (TRRP) Gateway Parcel (APN: 102-016-003) as shown on the attached 7th Street Right-Of-Way Exhibit, Airspace Easement Plat and Legal, and Roadway Easement Plat and Legal. This parcel is jointly owned by Stanislaus County, City of Modesto, and City of Ceres, collectively the TRRP Joint Powers Authority (JPA).

Two areas of this parcel will be impacted. The first is an area to the east of the existing 7th Street Bridge in which the new bridge will expand and have both aerial and surface impacts to the TRRP parcel underneath the new bridge. The second is an area near Tuolumne Boulevard and west of the existing 7th Street Bridge in which the new bridge will expand and have both aerial and surface impacts to the adjacent TRRP parcel. Further, due to the extra width of the #9..
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City Council, May 10, 2022
7th Street Bridge Replacement Project Easements

Page 2 of 3 ends

bridge deck, additional shade and shadowing will be present in the Gateway Park, thus requiring an airspace easement.

This item was considered by the TRRP Citizens Advisory Committee on January 20, 2021, and by the TRRP Joint Powers Association Commission on February 10, 2021, which both provided conceptual approvals of the 7th Street Bridge Replacement Project Impacts.

There are development restrictions on the property due to grant funding obtained through California State Parks. Because of this, the Project was presented to California State Parks through the Office of Grants and Local Services (OGALS). Since the Project has a Class I bike trail on the west side of the new bridge there is no negative impact to the park. OGALS issued a letter to the City on March 11, 2022, in which they determined that the Project would not be considered a conversion of park land under the Land and Water Conservation Fund (LWCF) guidelines. In short, the Project will not need to purchase replacement park land to mitigate the impacts to the park because there are no negative impacts. OGALS has indicated that since construction staging could impact the park temporarily they will provide the Project with a temporary non-conforming use approval during Construction.

Following Economic Development Committee recommendation, and the City Council and City Council’s approval, the County of Stanislaus will seek Council approvals from the remaining two governing bodies of the JPA parties.

FISCAL IMPACT:

There is no direct fiscal impact associated with the approval of the Airspace and Roadway Easement for the 7th Street Bridge Replacement Project.

COMMITTEE RECOMMENDATION:

This item was considered by the Economic Development Committee on May 2, 2022, and recommended forwarding to Council for approval.

CEQA/NEPA REQUIREMENTS:

The Project uses federal funds from FHWA and is therefore subject to federal as well as state environmental review requirements. An Environmental Assessment (EA) and Section 4(f) Evaluation with Finding of No Significant Impact (FONSI) was approved by Caltrans in August 2019 in compliance with the requirements of the National Environmental Policy Act (NEPA). An Environmental Impact Report (EIR) was certified by the County of Stanislaus in May 2017 in compliance with the California Environmental Quality Act (CEQA).

RECOMMENDED COUNCIL ACTION:

Staff Recommendations:

Resolution approving the proposed airspace and roadway easements within Tuolumne River Regional Park Gateway parcel (APN: 102-016-003) necessary to construct the 7th Street Bridge Replacement Project.

Approved by:

Jaylen French, Director of CEDD
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City Council, May 10, 2022
7th Street Bridge Replacement Project Easements

Page 3 of 3 ends

Joseph P. Lopez, City Manager
Attachments:

1. Resolution

2. 7th Street Right-Of-Way Exhibit

3. Airspace Easement Plat and Legal

4. Roadway Easement Plat and Legal
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05/10/2022/CEDD/Rawles/Item 1 2022-

MODESTO CITY COUNCIL
RESOLUTION NO. 2022-

RESOLUTION APPROVING THE PROPOSED AIRSPACE AND ROADWAY

EASEMENTS WITHIN TUOLUMNE RIVER REGIONAL PARK GATEWAY
PARCEL (APN: 102-016-003) NECESSARY TO CONSTRUCT THE 7TH

STREET BRIDGE REPLACEMENT PROJECT
WHEREAS, Stanislaus County Department of Public Works, in cooperation with the City of Modesto, California Department of Transportation, and Federal Highway Administration, will replace the historic 7th Street Bridge over the Tuolumne River in order to correct structural and hydraulic deficiencies, increase the capacity of the 7th Street corridor, and to improve safety for vehicles, bicycles, and pedestrians, and WHEREAS, the 7th Street Bridge Replacement Project (Project) will have direct impacts on the APN 102-016-003 Tuolumne River Regional Park (TRRP) Gateway parcel as shown on the attached 7th Street Right-Of-Way Exhibit, Airspace Easement Plat and Legal, and Roadway Easement Plat and Legal, and WHEREAS, this parcel is jointly owned by the County, City of Modesto, and City of Ceres and two areas of this parcel will be impacted, and WHEREAS, the first is an area to the east of the existing 7th Street Bridge in which the new bridge will expand to the east and have both aerial and surface impacts to the TRRP parcel underneath the new bridge, and
WHEREAS, the second is an area near Tuolumne Boulevard and west of the existing 7th Street Bridge in which the new bridge will expand west and have both aerial and surface impacts to the adjacent TRRP parcel, and
WHEREAS, this item was heard by the TRRP Citizens Advisory Committee on January 20, 2021, and by the TRRP Joint Powers Association Commission on February #9..
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05/10/2022/CEDD/Rawles/Item 2 2022-
10, 2021, which both provided conceptual approvals of the 7th Street Bridge Replacement Project Impacts, and
WHEREAS, there are development restrictions on the property due to grant funding obtained through California State Parks, and
WHEREAS, the Project was presented to California State Parks through the Office of Grants and Local Services (OGALS) and since the Project has a Class I bike trail on the west side of the new bridge there is no negative impact to the park, and WHEREAS, OGALS issued a letter to the City on March 11, 2022, in which they determined that the Project would not be considered a conversion of park land under the Land and Water Conservation Fund (LWCF) guidelines, and WHEREAS, the Project will not need to purchase replacement park land to mitigate the impacts to the park because there are no negative impacts and OGALS has indicated that since construction staging could impact the park temporarily they will provide the Project with a temporary non-conforming use approval during Construction, and
WHEREAS, following City Council approval, the County will seek Council approvals from the remaining two joint owners of the TRRP Gateway Parcel (City of Ceres and Stanislaus County),
NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Modesto that it hereby approves the proposed airspace and roadway easements within APN 102- 016-003 Tuolumne River Regional Park Gateway parcel necessary to construct the 7th Street Bridge Replacement Project.
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05/10/2022/CEDD/Rawles/Item 3 2022-
The foregoing resolution was introduced at a regular meeting of the Council of the City of Modesto held on the 10th day of May, 2022, by Councilmember ?, who moved its adoption, which motion being duly seconded by Councilmember ?, was upon roll call carried and the resolution adopted by the following vote:

AYES: Councilmembers: ?
NOES: Councilmembers: ?
ABSENT: Councilmembers: ?
ATTEST:

DIANE NAYARES-PEREZ, City Clerk
(SEAL)
APPROVED AS TO FORM:

BY:

JOSE M. SANCHEZ, City Attorney
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7TH STREET PLAN

STANISLAUS COUNTY
STANISLAUS COUNTY, CALIFORNIA 1 7TH STREET BRIDGE

RIGHT OF WAY EXHIBIT

REPLACEMENT PROJECT
CALL BEFORE YOU DIG 1
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Page 1 of 3 ends

EXHIBIT “A”

AIRSPACE EASEMENT

LEGAL DESCRIPTION
All that real property situated in Stanislaus County, State of California, being a portion of Sections 32 and 33, Township 3 South, Range 9 East, Mount Diablo Base & Meridian, and described in the GRANT DEED to County of Stanislaus, a political corporation of the State of California, City of Modesto, a municipal corporation of the State of California, and the City of Ceres, a municipal corporation of the State of California, recorded May 22, 1996 in Document Number 96-0040771-00, Official Records of Stanislaus County, more particularly described as:

PARCEL 1
Commencing at a 2” Brass Disc identified as #2224 as shown on the AMENDED CITY OF MODESTO RECORD OF SURVEY G.P.S. CONTROL NETWORK, filed March 30, 1995 in BOOK 22 OF SURVEYS AT PAGE 51, Official Records of Stanislaus County, which bears South 12°46’40” West. 4739.30 feet from a 2” Brass Disc identified as #2324 as shown on said RECORD OF SURVEY; thence North 14°10’21” East, 853.94 feet to the westerly right of way of 7th Street Bridge as shown on County Survey No. 293, dated October 6, 1908 and as shown on that certain STATE OF CALIFORNIA HIGHWAY MAP dated December 14, 1912 and the Point of Beginning; thence along said westerly right of way of 7th Street Bridge, North 11°56’47” West, 832.28 feet; thence leaving said westerly right of way of 7th Street Bridge, South 76°09’36” East, 50.00 feet; thence South 13°50’24” East 83.34 feet; thence South 19°15’32” East 238.25 feet; thence South 13°50’24” East, 511.30 feet to said westerly right of way of 7th Street Bridge and the Point of Beginning.

Containing 15,981 square feet or 0.37 acres, more or less.

PARCEL 2
Commencing at a 2” Brass Disc identified as #2224 as shown on the AMENDED CITY OF MODESTO RECORD OF SURVEY G.P.S. CONTROL NETWORK, filed March 30, 1995 #9..
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Page 2 of 3 ends

in BOOK 22 OF SURVEYS AT PAGE 51, Official Records of Stanislaus County, which bears South 12°46’40” West. 4739.30 feet from a 2” Brass Disc identified as #2324 as shown on said RECORD OF SURVEY; thence North 10°07’14” West, 528.33 feet to the easterly right of way of 7th Street Bridge, as shown on said County Survey No. 293 and on said STATE OF CALIFORNIA HIGHWAY MAP, and the Point of Beginning; thence along said easterly right of way of 7th Street Bridge, North 11°56’47” West, 1159.17 feet; thence leaving said easterly right of way of 7th Street Bridge, North 76°09’36” West, 30.61 feet to a point on the westerly right of way of Southern Pacific Railroad as shown on that certain RECORD of SURVEY, filed April 10, 1998 in Volume 24 of Surveys at Page 38, Official Records of Stanislaus County; thence along said westerly right of way of Southern Pacific Railroad, South 13°20’40” East, 1167.05 feet; thence leaving said westerly right of way of Southern Pacific Railroad, South 84°21’48” East, 56.40 feet to said easterly right of way of 7 th Street Bridge and the Point of Beginning.

Containing 52,100 square feet or 1.20 acres, more or less.

The basis of bearings for this description is the bearing between published monument #2224 & #2324, as shown on the AMENDED CITY OF MODESTO RECORD OF SURVEY G.P.S. CONTROL NETWORK, filed March 30, 1995 in BOOK 22 OF SURVEYS AT PAGE 51, Official Records of Stanislaus County, having a bearing of South 12°46'40" West.

Grid distances shown are in US Survey feet, divide the distances shown above by 0.99993 to obtain ground level distances.
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This real property description has been prepared at Mark Thomas, by me, or under my direction, in conformance with the Professional Land Surveyors Act.

3/11/2022
Sam McIntyre, LS 9313 Date
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SHEET 1 OF 2
Exhibit B
Airspace Easement
APN 102-016-003
Plat to Accompany Legal Description
In the City of Modesto
Stanislaus County, California
PORTION OF SECTIONS 32,33
T3S, R9E M.D.M.
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SHEET 2 OF 2
Exhibit B
Airspace Easement
APN 102-016-003
Plat to Accompany Legal Description
In the City of Modesto
Stanislaus County, California
PORTION OF SECTIONS 32,33
T3S, R9E M.D.M.

SCALE 1" = 200'
0 100 200 400
Feet
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Page 1 of 3 ends

EXHIBIT “A”

RIGHT-OF-WAY-DEDICATION

LEGAL DESCRIPTION
All that real property situated in Stanislaus County, State of California, being a portion of Sections 32, Township 3 South, Range 9 East, Mount Diablo Base & Meridian, and described in the GRANT DEED to County of Stanislaus, a political corporation of the State of California, City of Modesto, a municipal corporation of the State of California, and the City of Ceres, a municipal corporation of the State of California, recorded May 22, 1996 in Document Number 96-0040771-00, Official Records of Stanislaus County, more particularly described as:

PARCEL 1:

Commencing at a 2” Brass Disc identified as #2224 as shown on the AMENDED CITY OF MODESTO RECORD OF SURVEY G.P.S. CONTROL NETWORK, filed March 30, 1995 in BOOK 22 OF SURVEYS AT PAGE 51, Official Records of Stanislaus County, which bears South 12°46’40” West. 4739.30 feet from a 2” Brass Disc identified as #2324 as shown on said RECORD OF SURVEY; thence North 13°04’25” East, 1685.90 feet to the westerly right of way of 7th Street Bridge as shown on County Survey No.293 dated October 6, 1908 and as shown on that certain STATE OF CALIFORNIA HIGHWAY MAP dated December 14th, 1912 and the Point of Beginning; thence along said westerly right of way of 7th Street Bridge, North 11°56’47” West, 36.79 feet; thence leaving said westerly right of way of 7th Street Bridge, South 53°06’36” West, 0.28 feet to the westerly right of way of 7th street as shown on that certain RECORD of SURVEY, filed April 10, 1998 in Volume 24 of Surveys at Page 38, Official Records of Stanislaus County; thence along said westerly right of way of 7 th Street, North 13°20’40” West, 80.00 feet; thence leaving said westerly right of way of 7th Street and along the North line of said GRANT DEED, South 53°06’36” West, 65.91 feet; thence leaving said North line, South 13°50’24” East 90.85 feet; thence North 76°09’36” East, 59.00 feet, to the westerly right of way of 7th Street Bridge and the Point of Beginning.

Parcel 1 Containing 6,227 square feet or 0.14 acres, more or less. #9..
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Page 2 of 3 ends

PARCEL 2:

Commencing at a 2” Brass Disc identified as #2224 as shown on the AMENDED CITY OF MODESTO RECORD OF SURVEY G.P.S. CONTROL NETWORK, filed March 30, 1995 in BOOK 22 OF SURVEYS AT PAGE 51, Official Records of Stanislaus County, which bears South 12°46’40” West. 4739.30 feet from a 2” Brass Disc identified as #2324 as shown on said RECORD OF SURVEY; thence North 11°22’30” East, 1687.31 feet to the easterly right of way of 7th Street Bridge as shown on said County Survey No. 293, and said STATE OF CALIFORNIA HIGHWAY MAP, and the Point of Beginning; thence along said easterly right of way of 7th Street Bridge, North 11°56’47” West, 58.40 feet to a point on the southerly line of 7th Street as shown on said RECORD of SURVEY filed in Volume 24 of Surveys at Page 38; thence along said southerly line, North 53°06’36” East, 31.84 feet to the westerly right of way of Southern Pacific Railroad, as shown on said RECORD of SURVEY filed in Volume 24 of Surveys at Page 38; thence along said westerly right of way of Southern Pacific Railroad, South 13°20’40” East, 70.83 feet; thence leaving said westerly right of way of Southern Pacific Railroad, South 76°09’36” West, 30.61 feet to said easterly line of 7th Street Bridge and the Point of Beginning.

Parcel 2 Containing 1,927 square feet or 0.04 acres, more or less.

The basis of bearings for this description is the bearing between published monument #2224 & #2324, as shown on the AMENDED CITY OF MODESTO RECORD OF SURVEY G.P.S. CONTROL NETWORK, filed March 30, 1995 in BOOK 22 OF SURVEYS AT PAGE 51, Official Records of Stanislaus County, having a bearing of South 12°46'40" West.

Grid distances shown are in US Survey feet, divide the distances shown above by 0.99993 to obtain ground level distances.
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Page 3 of 3 ends

This real property description has been prepared at Mark Thomas, by me, or under my direction, in conformance with the Professional Land Surveyors Act.

3/11/2022
Sam McIntyre, LS 9313 Date
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Exhibit B
Right-Of-Way Dedication
APN 102-016-003
Plat to Accompany Legal Description
In the City of Modesto
Stanislaus County, California
PORTION OF SECTION 32
T3S, R9E M.D.M.

SHEET 1 OF 2
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Exhibit B
Right-Of-Way Dedication
APN 102-016-003
Plat to Accompany Legal Description
In the City of Modesto
Stanislaus County, California
PORTION OF SECTION 32
T3S, R9E M.D.M.

SCALE 1" = 100'
0 50 100 200
Feet
SHEET 2 OF 2
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CITY OF MODESTO

COUNCIL AGENDA REPORT
DATE OF MEETING:

May 10, 2022
Date: April 17, 2022
TO: Mayor and City Council
THROUGH: Joseph P. Lopez, City Manager
FROM: Jaylen French, Director of Community and Economic Development SUBJECT: Airport Neighborhood Active Transportation Connectivity and Safety Project CONTACT: Jaylen French, Director of Community and Economic Development, [email protected], 209-341-2938
DESCRIPTION:

Consider approving a Cooperative Agreement between the City of Modesto and Stanislaus County for the Airport Neighborhood Active Transportation Connectivity and Safety Project, and approving enhanced infrastructure and associated costs for project development within City jurisdiction. (Funding Source: State funds, County Local Measure L funds) STRATEGIC PLAN ELEMENT:

This action is consistent with the Council’s 2020-2025 Strategic Plan Goal D, Ensure Safe, Efficient and Reliable Infrastructure.

BACKGROUND:

The Airport Neighborhood is geographically split between the City of Modesto and Stanislaus County. The Airport Neighborhood is considered a disadvantaged community that lacks appropriate pedestrian facilities. Many streets do not have sidewalks, leading to unsafe conditions for the many school children and parents who walk in the neighborhood. This project will result in new sidewalks, bikeways, and various safety improvements that contribute toward a safer environment for non-motorized travel.

On July 24, 2018, Stanislaus County applied to the State of California Department of Transportation (Caltrans) in request for Active Transportation Program (ATP) Cycle 4 grant funds for the Project. As part of the application the City committed to be a partner with the County and agreed to assume the responsibility for the ongoing operations and maintenance of the project improvements located within City limits.

On March 21, 2019, the County was notified that the project was included on the California Transportation Commission’s (CTC) 2019 Active Transportation program (ATP) list of awarded projects.
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City Council, May 3, 2022
Airport Neighborhood Active Transportation Connectivity and Safety Project

Page 2 of 3 ends

This Stanislaus County led Project will be constructed using State of California and Local - Measure L funds which will be obtained, collected and administered by the County.

DISCUSSION:

The Project as proposed includes construction of bicycle and pedestrian facilities only, and thus does not include new curb, gutter, storm drainage, water or sewer improvements.

The Project includes construction of detached sidewalk (with no curb and gutter); Class I, Class III, and Class IV bicycle facilities; 3.5-inch high speed cushion raised bicycle crossings; high visibility sidewalk crosswalk; curb bulb-outs for pedestrian/bicycle crossing; modified City standard Cobra lights for Class I bicycle path; and various other miscellaneous project components as shown in the Project plans.

The County is responsible for all phases of project design, and has retained Siegfried Engineering to design project improvements and prepare bid documents. During construction, the City will inspect construction improvements located within City limits. Upon completion of construction, the County will transfer ownership of improvements within City limits to the City.

The project represents a $6.1 million investment in the Airport Neighborhood. At the same time, the County and City are investing in improving urban pocket areas and therefore there may be a disconnect in installing improvements that are not to city standards. The Modesto Economic Development Committee (EDC), at the April meeting, recommended that City staff identify funding and devise an approach to install improvements that are consistent with city standards within the project area that is in City jurisdiction, at the same time and alongside with the County improvements on the broader project.

Per the EDC’s recommendation, the City has identified $1 million in available Measure L funds to make the appropriate city standard improvements. To accomplish this work in a timely fashion, City staff have included the desired city work, including the installation of sidewalk and other improvements, into an existing Measure L project as a bid alternate that is going out to bid this construction season. This will allow the City to coordinate the installation of our enhanced improvements with the County’s construction on the remainder of the project and not have to come in after County has completed their construction work.

FISCAL IMPACT:

The Airport ATP Project that was applied for is funded by State of California ATP Grant and Local – Measure L funds which are obtained, collected and administered by the County. The City will allocate $1 million in available Measure L funds toward this project.

COMMITTEE RECOMMENDATION:

On April 4, 2022, the Economic Development Committee (EDC) recommended that the City use available funding (likely Measure L) to install city standard improvements to areas of the project within the City limits that do not include city standard improvements. This is exclusive to Empire Avenue, north of Tenaya Drive.

If approved by the City Council, staff will revise the agreement between the City of Modesto and Stanislaus County to memorialize terms and conditions of the Project, identify a funding source #10..
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City Council, May 3, 2022
Airport Neighborhood Active Transportation Connectivity and Safety Project

Page 3 of 3 ends

for the additional improvements, and develop a separate project to install additional improvements.

CEQA/NEPA REQUIREMENTS:

Categorical Exemption: CEQA Class 1, 15301 Existing Facilities; and CEQA Class 4, 15304 Minor Alterations to Land, filed on 4/30/19 by Stanislaus County.

RECOMMENDED COUNCIL ACTION:

Staff Recommendations:

Resolution approving a Cooperative Agreement between the City of Modesto and Stanislaus County for the Airport Neighborhood Active Transportation Connectivity and Safety Project, and authorizing the City Manager, or his designee, to execute the Agreement, and approving enhanced infrastructure and associated costs for project development within City jurisdiction.

Approved by:

Jaylen French, Director of CEDD
Joseph P. Lopez, City Manager
Attachments:

1. Resolution

2. Cooperative Agreement between City of Modesto and Stanislaus County #10..
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05/03/2022/CEDD/J. French/Item 1 2022-

MODESTO CITY COUNCIL
RESOLUTION NO. 2022-

RESOLUTION APPROVING A COOPERATIVE AGREEMENT BETWEEN

THE CITY OF MODESTO AND STANISLAUS COUNTY FOR THE AIRPORT

NEIGHBORHOOD ACTIVE TRANSPORTATION CONNECTIVITY AND

SAFETY PROJECT, AND AUTHORIZING THE CITY MANAGER, OR HIS

DESIGNEE, TO EXECUTE THE AGREEMENT, AND APPROVING

ENHANCED INFRASTRUCTURE AND ASSOCIATED COSTS FOR PROJECT

DEVELOPMENT WITHIN CITY JURISDICTION
WHEREAS, the Airport Neighborhood is geographically split between the City of Modesto and Stanislaus County, and is considered a disadvantaged community that lacks appropriate pedestrian facilities; and
WHEREAS, many streets in the Airport Neighborhood do not have sidewalks leading to unsafe conditions for the many school children and parents who walk in the neighborhood, and this project will result in new sidewalks, bikeways, and various safety improvements being built that contribute toward a safer environment for non-motorized travel; and
WHEREAS, on July 24, 2018, Stanislaus County applied to the State of California Department of Transportation (Caltrans) in request for Active Transportation Program (ATP) Cycle 4 grants funds for the Project; and WHEREAS, as part of the application the City committed to be a partner with the County and agreed to assume the responsibility for the ongoing operations and maintenance of the project improvements located within City limits; and WHEREAS, on March 21, 2019, the County was notified that the project was included on the California Transportation Commission’s (CTC) 2019 Active Transportation program (ATP) list of awarded projects; and #10..
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05/03/2022/CEDD/J. French/Item 2 2022-
WHEREAS, this Stanislaus County led Project will be constructed using State of California and Local - Measure L funds which will be obtained, collected and administered by the County; and
WHEREAS, the Project as proposed includes construction of bicycle and pedestrian facilities only, and thus does not include new curb, gutter, storm drainage, water or sewer improvements; and
WHEREAS, the Project includes construction of detached sidewalk (with no curb and gutter); Class I, Class III, and Class IV bicycle facilities; 3.5-inch high speed cushion raised bicycle crossings; high visibility sidewalk crosswalk; curb bulb-outs for pedestrian/bicycle crossing; modified City standard Cobra lights for Class I bicycle path; and various other miscellaneous project components as shown in the Project plans; and WHEREAS, the County is responsible for all phases of project design, and has retained Siegfried Engineering to design project improvements and prepare bid documents; and
WHEREAS, during construction, the City will inspect construction improvements located within City limits; and
WHEREAS, upon completion of construction, the County will transfer ownership of improvements within City limits to the City; and
WHEREAS, the project represents a $6.1M investment in the Airport Neighborhood and at the same time, the County and City are investing in improving urban pocket areas and therefore there may be a disconnect in installing improvements that are not to city standards; and
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05/03/2022/CEDD/J. French/Item 3 2022-
WHEREAS, on April 4, 2022, the Economic Development Committee (EDC) recommended that the City use available funding (likely Measure L) to install city standard improvements to areas of the project within the City limits that do not include city standard improvements, which is exclusive to Empire Avenue, north of Tenaya Drive; and
WHEREAS, staff is recommending proceeding with this Airport Neighborhood Active Transportation Connectivity and Safety Project; and WHEREAS, per the approved ATP grant application, a Cooperative Agreement between the City of Modesto and Stanislaus County for construction and ownership and long-term operation and maintenance of the Airport Neighborhood Active Transportation Connectivity and Safety Project is required.

NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Modesto that it hereby approves a Cooperative Agreement between the City of Modesto and Stanislaus County for the Airport Neighborhood Active Transportation Connectivity and Safety Project, and approving enhanced infrastructure and associated costs for project development within City jurisdiction.

BE IT FURTHER RESOLVED, that the City Manager, or his designee, is hereby authorized to execute the Agreement, in a form approved by the City Attorney.

The foregoing resolution was introduced at a regular meeting of the Council of the City of Modesto held on the 3rd day of May, 2022, by Councilmember ?, who moved its adoption, which motion being duly seconded by Councilmember ?, was upon roll call carried and the resolution adopted by the following vote:

AYES: Councilmembers: ?
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05/03/2022/CEDD/J. French/Item 4 2022-
NOES: Councilmembers: ?
ABSENT: Councilmembers: ?
ATTEST:

DIANE NAYARES-PEREZ, City Clerk
(SEAL)
APPROVED AS TO FORM:

BY:

JOSE M. SANCHEZ, City Attorney
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AGREEMENT BETWEEN THE CITY OF MODESTO AND STANISLAUS COUNTY FOR THE

PROJECT DEVELOPMENT, CONSTRUCTION, OWNERSHIP AND OPERATION OF THE

AIRPORT NEIGHBORHOOD ACTIVE TRANSPORTATION CONNECTIVITY AND SAFETY

PROJECT
This Agreement (“Agreement”) is entered into between the City of Modesto (“City”) and Stanislaus County (“County”) as of ____________, 2022 (“Effective Date”). (The City and County are collectively referred to herein as “The Parties.”)

INTRODUCTION
A. The purpose of this AGREEMENT is to facilitate cooperation between the City and the County for the construction of the Airport Neighborhood Active Transportation Connectivity and Safety Project to improve local connectivity by constructing various pedestrian and bicycle facilities in the vicinity of the Airport Neighborhood within City and County limits (the “Project”); and
B. The Airport Neighborhood is geographically split between the City of Modesto and Stanislaus County. The Airport Neighborhood is considered a disadvantaged community which lacks appropriate pedestrian facilities. Many streets do not have sidewalks leading to unsafe conditions for the many school children and parents who walk in the neighborhood. This project will result in new sidewalks, bikeways, and various safety improvements that contribute toward a safer environment for non-motorized travel. By constructing a series of high-quality active transportation components throughout the Airport Neighborhood, this project will increase access to various local destinations, improve safety, and provide greater regional access through connectivity to major planned bicycle infrastructure, activity centers, and transit stops; and
C. On July 24, 2018, the County applied to the State of California Department of Transportation (Caltrans) in request for Active Transportation Program (ATP) Cycle 4 grants funds for the Project. As part of the application the City committed to be a partner with the County and agreed to assume the responsibility for the ongoing operations and maintenance of the project improvements, and; D. On March 21, 2019, the County was notified that the project was included on the California Transportation Commission’s (CTC) 2019 Active Transportation program (ATP) list of awarded projects; and
E. The Project will be constructed using State of California and Local - Measure L funds which will be obtained, collected and administered by the County; and #10..
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NOW, THEREFORE, the parties hereto mutually agree as follows:

TERMS AND CONDITIONS

1. The Project specific ATP Cycle 4 Grant funding is eligible and limited to “the development of a community wide bicycle, pedestrian, safe routes to school, or active transportation plan located in a disadvantaged community,” therefore, to ensure eligibility, the Project is limited to construction of bicycle and pedestrian facilities only and will not include new curb, gutter, storm drainage, water or sewer improvements. Existing City improvements will be adjusted to finish grade only.

2. The Project includes construction of detached sidewalk (with no curb and gutter); Class I, Class III, and Class IV bicycle facilities; 3.5-inch high speed cushion raised bicycle crossings; high visibility sidewalk crosswalk; curb bulb-outs for pedestrian/bicycle crossing; modified City standard Cobra lights for Class I bicycle path; and various other miscellaneous project components as shown in the Project plans.

3. County shall be responsible for all phases of project design. Prior to Project’s construction, the County will allow the City to review improvement plans and related documents. County will provide plans, specifications and estimate (PS&E) to the City’s primary point of contact within the Community and Economic Development Department for distribution to all other City departments for review and ensure that all City comments are provided to the County in a timely manner.

Upon completion of final design, the City will sign the plans indicating approval. The County will advertise the Project, conduct bid opening, award construction contract, and manage construction of project improvements.

4. The City will assist the County in promoting the benefits of this project to the public.

This may include, but is not limited to, assisting the County in addressing public’s concerns, and assisting the County in educating the public regarding various aspects of this project.

5. County will construct the Project entirely, including portions that fall within City limits.

6. City will provide and allow the use of all right-of-way within City limits and all encroachment permits necessary for the Project’s construction at no cost to the County.

7. The Parties agree that the construction of the Project improvements will conform to the plans and specifications developed by the County’s Consultant and approved by the County and the City. The County will be the official Construction Manager for this Project. However, inspection of the Project will be done by the Parties jointly, whereas the City will be allowed to inspect the construction of project improvements that will be transferred for ownership and operations to the City upon completion of construction. Should City decline to participate in the #10..
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inspection of proposed improvements, the City shall accept ownership and operate constructed improvements without claims against County or agents operating on County’s behalf.

8. Once Project is constructed, County will file a Notice of Completion and submit a copy to the City. Within 60 days of the completion of the final inspection of the Project, City shall accept the County’s transfer of ownership of the portion of the Project improvements located within the City of Modesto’s boundaries. Upon acceptance of transfer of ownership, the City will immediately maintain and operate Project facilities as described herein this agreement.

9. The Parties agree to ensure that Caltrans, the Governor of the State, or any authorized representative of the foregoing, will have safe and suitable access to the Project site at all reasonable times during Project construction and thereafter. The Parties acknowledge that the Project records and locations are public records, including all submissions accompanying the ATP grant application.

10. The Parties shall maintain separate books, records and other material relative to the Project. The Parties shall also retain such books, records, and other material for themselves and for each contractor or subcontractor who performed work on this project for a minimum of four (4) years after Project Completion. The Parties shall require that such books, records, and other material be subject at all reasonable times (at a minimum during normal business hours) to inspection, copying, and audit by Caltrans, the Bureau of State Audits, the Governor, or any authorized representatives of the aforementioned, and shall allow interviews during normal business hours of any employees who might reasonably have information related to such records. The provisions of this section shall survive the term of this Agreement.

11. The Parties agree to expeditiously provide, such reports, data, and information as may be reasonably required by Caltrans, including but not limited to material necessary or appropriate for evaluation of the Active Transportation Program, or to fulfill any reporting requirements of the federal government.

12. The City will not abandon, lease, sell or otherwise dispose of, in whole or in part, any portion of the Project to any person who is not a Governmental Unit during its useful life. The Project will not be leased to any person or entity that is not a Governmental Unit during its useful life. The City will not enter any contract or arrangement or cause or permit any contract or arrangement to be entered (to the extent of its reasonable control) with persons or entities that are not Governmental Units if that contract or arrangement would confer on such persons or entities any right to use the Project on a basis different from the right of members of the general public. The contracts or arrangements contemplated by the preceding sentence include but are not limited to management contracts, take or pay contracts or put or pay contracts, and capacity guarantee contracts. The economic useful life of the Project, commencing at Project Completion, is at least thirty years. #10..
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13. Indemnity
a. Each Party mutually agrees, pursuant to Government Code section 894.5, to indemnify, hold harmless, and defend the other Party, its boards and commissions, officers, agents, employees, and volunteers (collectively, the “indemnified Parties”) in an amount equal to its proportionate share of liability on a comparative fault basis. This indemnity obligation shall exist with respect to any claim, loss, liability, damage, lawsuit, cost or expense that arises out of, or is any way related to, the performance of services pursuant to this Agreement. This indemnity obligation extends, without limitation, to any injury, death, loss, or damage which occurs in the performance of the Agreement and that is sustained by a third‐party, agent, or contractor of a Party. Each Party executing this Agreement certifies that it has adequate self‐insured retention of funds to meet any obligation arising from this Agreement, and it shall continue to maintain such funds throughout the Term of this Agreement.

Notwithstanding the foregoing, nothing herein shall be construed to require any Party to indemnify any other Party from any claim arising from the sole negligence or willful misconduct of another Party. Nothing in this section shall be construed as authorizing an award of attorney fees in any action on or to enforce the terms of this Agreement. This indemnity shall apply to all claims and liability regardless of whether any insurance policies are applicable. Any policy limits shall not act as a limitation upon the amount of indemnification to be provided.
b. At its sole discretion, the indemnified Party may participate at its own expense in the defense of any claim, action or proceeding, but such participation shall not relieve the indemnitor of any obligation imposed by this Agreement. The Parties shall notify each other promptly of any claim, action or proceeding and cooperate fully in the defense. The Parties agree to defend themselves from any claim, action or proceeding arising out of the concurrent acts or omissions of each Party. In such cases, the Parties agree to retain their own legal counsel, bear their own defense costs, and waive their right to seek reimbursement of such costs. Where a trial verdict or arbitration award allocates or determines the comparative fault of the Parties, the Parties may seek reimbursement and/or reallocation of defense costs, settlement payments, judgments and awards, consistent with such comparative fault. The provisions of this section shall survive the termination of this Agreement.

14. Notices
a . Any notice which may be required under this Agreement shall be in writing and shall be given by personal service, first‐class mail, certified or registered mail return receipt requested, or overnight delivery to the addresses set forth below:
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Stanislaus County: City of Modesto:

David Leamon, Director _________ City Engineer
Department of Public Works Community & Economic
1716 Morgan Road Development Department
Modesto CA 95358 1010 10th Street, Suite 3300
Modesto, California 95354
b. All notices and other communications shall be deemed communicated as of actual receipt or after the second business day after the notice has been dispatched. The parties may change their respective address by giving notice of such change to the other party in the manner provided in this Section.

15. Necessary Documents
As may become necessary for the construction and delivery of the Project, through City and County cooperation, the Stanislaus County Director of Public Works and City’s Authorized Representative are authorized to administer and execute, by mutual written consent, all documents necessary to complete the Project, provided that such actions do not exceed the authority of this Agreement.

16. Enforceable Provisions
Should any of this Agreement be determined to be unenforceable, invalid, or beyond the authority of either of the Parties to enter and carry out, such determination shall not affect the validity of the remainder of this Agreement, which shall continue in full force and effect; provided that the remainder of this Agreement can, absent the excised portion, be reasonably interpreted to give effect to the intentions of the Parties.

17. Termination.

This Agreement may be terminated only by mutual written agreement signed and approved by the respective approving authorities of City and County.

18. Counterpart
This Agreement may be executed and delivered in any number of counterparts, each of which so executed and delivered shall be deemed to be an original and all of which shall constitute one and the same instrument.
[SIGNATURES ON FOLLOWING PAGE]
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IN WITNESS WHEREOF, the City of Modesto, a municipal corporation, has authorized the execution of this Agreement in duplicate by its City Manager and attestation by its City Clerk under authority of Resolution No. __________, adopted by the Council of the City of Modesto on the _____ day of ___________, 2022, and County has authorized the execution of this Agreement in duplicate by the Chairman of the Board under authority of Resolution No. __________, adopted by the Board of Supervisors of Stanislaus County on the _____ day of ___________, 2022.

CITY OF MODESTO
a municipal corporation
By: _____________________________
Joseph Lopez
City Manager
ATTEST:

By: _____________________________
Dana Sanchez
Interim City Clerk
(SEAL)
APPROVED AS TO CONTENT:

By: _____________________________
Jaylen French
Community & Economic Development
Director
APPROVED AS TO FORM:

By: _____________________________
Jose M. Sanchez
City Attorney

COUNTY OF STANISLAUS
A political subdivision of the State of
California
By: ____________________________
Chairman of the Board of Supervisors
ATTEST:

Elizabeth A. King
Clerk of the Board of Supervisors of the
County of Stanislaus, State of California
By: ______________________________
Deputy Clerk
APPROVED AS TO CONTENT:

By: ______________________________
David Leamon
Director of Public Works
APPROVED AS TO FORM:

Thomas E. Boze, County Counsel
By: ______________________________
Todd James
Deputy County Counsel
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CITY OF MODESTO

COUNCIL AGENDA REPORT
DATE OF MEETING:

May 10, 2022
Date: April 18, 2022
TO: Mayor and City Council
THROUGH: Joseph P. Lopez, City Manager
FROM: William Wong, Director of Utilities
SUBJECT: Agreement with West Yost Associates
Engineering Services for the Jennings Well Treatment Improvements Project CONTACT: Cristian Ciotau, Senior Civil Engineer, [email protected], (209) 577-5260
DESCRIPTION:

Consider approving an Agreement with West Yost Associates, Sacramento, CA, for Engineering Services for the Jennings Well Treatment Improvements Project in the amount of $219,300 for the identified scope of services, plus $21,930 in additional services, if needed, for a total amount not to exceed $241,230, and amending the FY 2021/22 Capital Improvement Program Budget in the amount of $245,000. (Funding Source: Wastewater Fund) STRATEGIC PLAN ELEMENT:

The recommended action supports the 2020-2025 City of Modesto Strategic Plan Initiatives, Goal D: Provide safe, efficient, and reliable infrastructure through proactive community investment, maintenance, and sustainability efforts.

BACKGROUND:

The Jennings Well provides potable water to the City’s Jennings Wastewater Treatment Plant (Jennings Plant) for Operations and Maintenance staff. The Jennings Well has historically exceeded the secondary Maximum Contaminant Levels (MCLs) for chloride, manganese, sulfate, hardness (CaCO3), electrical conductance (EC) and total dissolved solids. When chlorinated, manganese precipitates out of solution and leaves a dark residual that must be flushed out of the distribution system on a regular basis.

The City previously retained West Yost Associates (West Yost) to evaluate treatment or other available options and provide recommendations to improve potable water quality.

Findings from the evaluation included the following:
 Drilling a replacement well or modification of the existing well is unlikely to improve water quality; therefore, adding treatment to the existing well is recommended to meet #11..
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City Council, May 10, 2022
Agreement with West Yost Associates
Engineering Services for the Jennings Well Treatment Improvements Project

Page 2 of 3 ends

applicable water quality requirements.
 The proposed treatment system consists of replacing the existing well pump with a higher head unit and adding a pressure tank, a water softener, and a packaged reverse osmosis treatment unit.
 Water demands at the Jennings Plant and the City Composting Facility are projected to increase, but are within the production capacity of the existing well, even with implementation of treatment.

DISCUSSION:

After reviewing the technical memorandum provided by West Yost, staff recommends proceeding with the improvements as recommended by the consultant. The review included a closer evaluation of the brine waste discharge and increase in total dissolved solids that would result from the proposed treatment system. The anticipated increase was found to be a small fraction of the total load at Jennings Plant and would likely not be detectable.

In addition, the proposed Jennings Well will be able to provide potable water service to the nearby City Composting Facility, which currently does not have a potable water supply.

Considering current staff workload, resources and expertise required for this project, staff is recommending the use of a consultant.

On April 28, 2020, by Resolution No. 2020-203, Council approved a prequalified list of consultants for Engineering Services for Wastewater and Storm Drain CIP projects in accordance with City Administrative Directive 3.1, Selection Procedures for Professional Consultants who Provide Architectural & Engineering Services for Capital Projects.

In accordance with Modesto Municipal Code 8-3.204(a) Exceptions to Formal Bidding Requirements, this agreement is for professional services and, therefore, exempt from the bid requirement. Additionally, per Administrative Directive 3.1: Selection Procedures for Professional Consultants who Provide Architectural & Engineering Services for Capital Projects, the Director at his direction, may secure a candidate firm if it is in the best interest of the City.

Considering West Yost conducted the treatment study, there is efficiency in utilizing their resources. Therefore, based on the expertise of their team and previous project experience, staff recommends approval of an agreement with West Yost Associates for engineering services for the Jennings Well Treatment Improvements Project.

FISCAL IMPACT:

The following account has been created to track the expenses associated with this project and will be funded in FY 2021/22:
101093 – Jennings Well Treatment Improvements

ANTICIPATED ENGINEERING EXPENDITURES
Engineering Services Agreement – West Yost $219,300
Additional Services (10%) if Needed $21,930
City Staff $21,930
TOTAL $263,160
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City Council, May 10, 2022
Agreement with West Yost Associates
Engineering Services for the Jennings Well Treatment Improvements Project

Page 3 of 3 ends

COMMITTEE RECOMMENDATION:

This item was considered by the Economic Development Committee at the April 4, 2022 meeting where the committee approved and recommended the item be forwarded to Council for final approval.

RECOMMENDED COUNCIL ACTION:

Staff Recommendations:

Resolution approving an Agreement with West Yost Associates, Sacramento, CA, for Engineering Services for the Jennings Well Treatment Improvements Project in the amount of $219,300 for the identified scope of services, plus $21,930 in additional services, if needed, for a total amount not to exceed $241,230 and authorizing the City Manager, or his designee, to execute the Agreement.

Resolution amending the Fiscal Year 2021/22 Capital Improvement Program Budget in the amount of $245,000 to be transferred into the Project from Wastewater Fund Reserves in order to fully fund the Jennings Well Treatment Improvements Project Approved by:

William Wong, Director of Utilities
Joseph P. Lopez, City Manager
Attachments:

1. Resolutions (2)

2. West Yost - Agreement

3. West Yost - Exhibit to Agreement

4. West Yost - Technical Memorandum
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1 2022-XXX

MODESTO CITY COUNCIL
RESOLUTION NO. 2022-XXX

RESOLUTION APPROVING AN AGREEMENT WITH WEST YOST

ASSOCIATES, SACRAMENTO, CA, FOR ENGINEERING SERVICES FOR

THE JENNINGS WELL TREATMENT IMPROVEMENTS PROJECT IN THE AMOUNT OF $219,300 FOR THE IDENTIFIED SCOPE OF SERVICES, PLUS $21,930 IN ADDITIONAL SERVICES, IF NEEDED, FOR A TOTAL AMOUNT NOT TO EXCEED $241,230 AND AUTHORIZING THE CITY MANAGER, OR

HIS DESIGNEE, TO EXECUTE THE AGREEMENT
WHEREAS, the Jennings Well provides potable water to the City’s Jennings Wastewater Treatment Plant; and
WHEREAS, the Jennings Well has historically exceeded the secondary Maximum Contaminant Levels (MCLs) for chloride, manganese, sulfate, hardness (CaCO3), electrical conductance (EC) and total dissolved solids; and WHEREAS, the City previously retained West Yost Associates to evaluate treatment or other available options and provide recommendations to improve potable water quality; and
WHEREAS, after reviewing the technical memorandum provided by West Yost Associates, staff recommends proceeding with a treatment system as recommended by the consultant; and
WHEREAS, the treatment system will replace the existing well pump, add a pressure tank, a water softener and a reverse osmosis unit; and WHEREAS, in accordance with Modesto Municipal Code 8-3.204(a) Exceptions to Formal Bidding Requirements, this agreement is for professional services and, therefore, exempt from the bid requirement; and
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2 2022-XXX
WHEREAS, staff recommends approval of an agreement with West Yost Associates, of Sacramento, CA for Engineering Services for the Jennings Well Treatment Improvements Project.

NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Modesto that it hereby approves an agreement with West Yost Associates, of Sacramento, CA for Engineering Services for the Jennings Well Treatment Improvements Project in the amount of $219,300, for the identified scope of services, plus $21,930 in additional services, if needed, for a total not to exceed amount of $241,230.

BE IT FURTHER RESOLVED that the City Manager, or his designee, is hereby authorized to execute the agreement in a form approved by the City Attorney.

The foregoing resolution was introduced at a regular meeting of the Council of the City of Modesto held on the 10th day of May, 2022, by Councilmember XXX, who moved its adoption, which motion being duly seconded by Councilmember XXX, was upon roll call carried and the resolution adopted by the following vote:

AYES: Councilmembers:

NOES: Councilmembers:

ABSENT: Councilmembers:

ATTEST: _____________________________
DANA SANCHEZ, Interim City Clerk
(SEAL)
APPROVED AS TO FORM:
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3 2022-XXX
BY: ________________________________
JOSE M. SANCHEZ, City Attorney
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1 2022-

MODESTO CITY COUNCIL
RESOLUTION NO. 2022-
RESOLUTION AMENDING THE FISCAL YEAR 2021/22 CAPITAL
IMPROVEMENT PROGRAM BUDGET IN THE AMOUNT OF $245,000 TO BE

TRANSFERRED INTO THE PROJECT FROM WASTEWATER FUND

RESERVES IN ORDER TO FULLY FUND THE JENNINGS WELL

TREATMENT IMPROVEMENTS PROJECT
WHEREAS, certain budgetary transactions are necessary in the amount of $245,000, in order to fully fund the Jennings Well Treatment Improvements Project; and WHEREAS, the Fiscal Year 2021/22 Capital Improvement Program Budget must be amended.

NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Modesto that it hereby approves the amendment of the Fiscal Year 2021/22 Capital Improvement Program Budget in the amount of $245,000.

BE IT FURTHER RESOLVED that the City Manager, or his designee, is hereby authorized to implement the provisions of this resolution. #11..
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2 2022-
The foregoing resolution was introduced at a regular meeting of the Council of the City of Modesto held on the 10th of May 2022, by Councilmember ?, who moved its adoption, which motion being duly seconded by Councilmember ?, was upon roll call carried and the resolution adopted by the following vote:

AYES: Councilmembers:

NOES: Councilmembers:

ABSENT: Councilmembers:

ATTEST:

DANA SANCHEZ, Interim City Clerk
(SEAL)
APPROVED AS TO FORM:

BY: _______________________________________
JOSE M. SANCHEZ, City Attorney
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ENGINEERING SERVICES AGREEMENT FOR THE

JENNINGS WELL TREATMENT IMPROVEMENTS PROJECT
THIS AGREEMENT, made and entered into in the City of Modesto, State of California, this day of , 2022, (“Effective Date”) by and between the CITY OF MODESTO, a municipal corporation of the State of California, hereinafter referred to as "City", and WEST YOST ASSOCIATES, INC., a California corporation, hereinafter referred to as "Consultant".

This Agreement is made with regard to the following recitals:

A. The City has determined that Engineering Services are necessary for the Jennings Well Treatment Improvements Project.

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

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

1. SCOPE OF SERVICES.

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

2. TERM OF AGREEMENT.

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 #11..
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performed by Consultant, unless terminated earlier in accordance with the provisions of the termination clause in this Agreement.

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

3. COMPENSATION.

Consultant agrees to accept a sum not to exceed TWO HUNDRED NINETEEN THOUSAND THREE HUNDRED AND 00/100 DOLLARS ($219,300) (maximum compensation) as full remuneration for performing all services and furnishing all staffing and materials for Modesto 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 out-of-pocket costs paid by Consultant in connection with work performed on this project. #11..
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Additional services may be authorized by the City Manager in an amount up to, but not to exceed ten percent (10%) of the agreed maximum compensation, or TWENTY ONE THOUSAND NINE HUNDRED THIRTY AND 00/100 DOLLARS ($21,930). 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 TWO HUNDRED FORTY ONE THOUSAND TWO HUNDRED THIRTY AND 00/100 DOLLARS ($241,230). If additional services in excess of this amount are deemed necessary by City Staff, an amendment to this Agreement will be required and must be approved by the City Council prior to commencing the work, as provided in Paragraph 9 of this Agreement.

4. OBLIGATIONS OF CONSULTANT.

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

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

Consultant has represented to City that Roberto Vera, will be the person primarily responsible for the performance of the services referred to in this Agreement. City has entered into this Agreement in reliance on that representation by Consultant. Consultant therefore agrees that ten percent (10%) or more of the time to be devoted to the project that is the subject of this Agreement will be that of the above-named person.

6. OWNERSHIP OF DOCUMENTS/TITLE TO DATA.

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

Title to Data
If, as a part of this 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 this 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.
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7. NEWS AND INFORMATION RELEASE.

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

8. INTEREST OF CONTRACTOR.

Consultant warrants that it presently has no interest and shall not acquire any interest, direct or indirect, which would conflict in any manner or degree with the performance of services required to be performed under this Agreement. Consultant warrants that, in performance of this Agreement, Consultant shall not employ any person having any such interest. Consultant agrees to file a Statement of Economic Interests with the City Clerk at the start and end of this Agreement if so required at the option of City.

9. AMENDMENTS.

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

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. #11..
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10. INDEPENDENT CONTRACTOR.

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

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

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

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

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

Consultant is permitted to provide services to others during the same period service is provided to City under this Agreement. If necessary, Consultant has the responsibility for employing other persons or firms to assist Consultant in fulfilling the terms and obligations under this Agreement.
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If in the performance of this Agreement any third persons are employed by Consultant, such persons shall be entirely and exclusively under the direction, supervision, and control of Consultant. All terms of employment including hours, wages, working conditions, discipline, hiring, and discharging or any other term of employment or requirement of law shall be determined by the Consultant.

It is understood and agreed that as an independent contractor and not an employee of City neither the Consultant or Consultant's assigned personnel shall have any entitlement as a City employee, right to act on behalf of the City in any capacity whatsoever as an agent, or to bind the City to any obligation whatsoever.

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

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

11. ASSIGNMENT.

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

12. PATENT/COPYRIGHT MATERIALS.

Unless otherwise expressly provided in the contract, 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.
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13. NOTICES.

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

FOR CONSULTANT: Name: West Yost Associates, Inc.

Address: 8950 Cal Center Drive
Building 1, Suite 363
Sacramento, CA 95826
Attention: Roberto Vera
Phone: (209) 996-0756
Email: [email protected]
FOR CITY: Name: City of Modesto
Address: 1010 10th Street
Suite 4600
Modesto, CA 95354
Attention: Cristian Ciotau
Phone (209) 577-5260
Email: [email protected]

14. INSURANCE REQUIREMENTS.

The Consultant shall provide at its own expense and maintain at all times the following insurance with insurance companies licensed in the State of California and shall #11..
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provide evidence of such insurance to the City as may be required by the Risk Manager of the City. The policies or certificates thereof shall provide that, thirty (30) days prior to cancellation or material change in the policy, notices of same shall be given to the Risk Manager of the City by certified mail, return receipt requested, for all of the following stated insurance policies.

In the event the certificates of insurance required hereunder do not provide for notice of cancellation to the certificate holder and/or additional insureds, the Consultant shall provide, and shall require its subcontractors to provide, as an express condition precedent to payment hereunder, an endorsement from their insurers providing that the additional insureds identified herein shall be provided 30 days notice of the cancellation on the policies of insurance required hereunder (10 days notice if the policies are cancelled for non-payment of premium). In addition, the named insured on all such policies shall provide to the additional insureds identified herein any notices of cancellation of said insurance policies within 5 business days of receipt of such notice. The Consultant shall, as a further express condition precedent to payment for work performed, affirm under penalty of perjury that the required insurance on the project remains in place and said insurance has not been cancelled.
(a) Worker's Compensation - in compliance with the statutes of the State of California, plus employer's liability with a minimum limit of liability of $1,000,000. (b) General Liability insurance with a minimum limit of liability per occurrence of $1,000,000 for bodily injury and property damage. If Commercial General Liability Insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit. This insurance shall indicate on the certificate of insurance the following coverages and indicate the policy aggregate limit applying to: premises #11..
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and operations; broad form contractual; independent consultants and subcontractors; products and completed operations as applicable.
(c) Automobile Liability insurance with a minimum limit of liability per occurrence of $1,000,000 for bodily injury and property damage. This insurance shall cover any automobile for bodily injury and property damage.
(d) Professional Liability insurance with a minimum limit of $1,000,000 per claim and policy aggregate. If coverage is on a claims made basis it shall be maintained for at least three (3) years following completion of the work.

If at any time any of said policies shall be unsatisfactory to the City, as to form or substance, or if a company issuing such policy shall be unsatisfactory to the City, the Consultant shall promptly obtain a new policy, submit the same to the Risk Manager for approval and submit a certificate thereof as hereinabove provided. Upon failure of the Consultant to furnish, deliver or maintain such insurance and certificates as above provided, this Agreement, at the election of the City, may be forthwith declared suspended or terminated.

Failure of the Consultant to obtain and/or maintain any required insurance shall not relieve the Consultant from any liability under this Agreement, nor shall the insurance requirements be construed to conflict with or otherwise limit the obligations of the Consultant concerning indemnification. The City, its agents, officers, employees, and volunteers shall be named as an additional insured on all insurance policies required herein, except Workers' Compensation and Professional Liability. The Workers' Compensation insurer shall agree to waive all rights of subrogation against the City, its agents, officers, employees, and volunteers for losses arising from work performed by Consultant for the City. The Consultant's insurance policy(ies) shall include a provision that the coverage is primary as respects the City; shall include no special #11..
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limitations to coverage provided to additional insured; and, shall be placed with insurer(s) with acceptable Best's rating of A:VII or with approval of the Risk Manager. The Consultant must deliver certificates evidencing existence of the insurance listed above to the City prior to the time the contract is signed.

CONSULTANT shall provide CITY with separate endorsements evidencing proof of the CITY’s additional insured status as to both the general liability and automobile liability insurance policies. In addition, CONSULTANT shall provide CITY with a Workers Compensation subrogation waiver by way of a separate endorsement. All endorsements referenced above must include the applicable policy number.

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

15. TERMINATION OF AGREEMENT.

Termination by City for Default of Consultant
Should Consultant default in the performance of this Agreement or materially breach any of its provisions, at its option, City may terminate this Agreement by giving written notification to Consultant. The termination date shall be the effective date of the notice. For the purposes of this section, material breach of this Agreement shall include, but not be limited to, any of the following: failure to perform required services or duties, willful destruction of City's property by Consultant, dishonesty or theft. #11..
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Termination by City for Convenience
The City may also terminate the Consultant's performance under this 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 this 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 this 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 Subcontractors 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 #11..
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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
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City will pay Consultant an amount based on the percentage of satisfactory work completed in accordance with the notice of termination. The final payment to the Consultant after termination for convenience shall be limited to amounts due and owing under the Agreement at time of termination, including the following:
a. The cost of settling and paying valid claims arising out of the termination of the Work such as subconsultant agreements or contracts for materials;
b. The Agreement price allocable to the portion of the Work properly performed or goods supplied to the work site by the Consultant as of the date of termination, as determined in accordance with the notice of termination, reduced by any sums previously paid to the Consultant.

Authorization to Terminate Agreement
Termination of this Agreement may be invoked by the City Manager, or his/her designee, subject to the right of the Consultant to appeal the City Manager, or his/her designee’s, decision to the City Council. The Consultant shall appeal by notifying the City Clerk in writing within ten (10) calendar days of receipt of written notification from City of termination of this Agreement. In the event that termination of this Agreement is upheld by the City Council, any cessation of payment of delay claims, extended claims, Eichleay claims, or any other claims for delay shall be retroactive to the date of termination selected by the City Manager, or his/her designee.
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16. CERTIFIED PAYROLL REQUIREMENT.

For consultants performing field work on public works contracts on which prevailing wages are required: The Consultant shall comply with the provisions of Section 1776 of the California Labor Code, regarding payroll records, and shall require its subconsultants and subcontractors to comply with that section as may be required by law.

17. INDEMNITY.

The Consultant shall hold the City, its agents, officers, employees, and volunteers, harmless from and save, defend and indemnify them against any and all claims, losses, liabilities, judgments or damages from every cause, including but not limited to injury to person or property or wrongful death, including reasonable costs and expenses of defense of any judicial or administrative action, arising directly or indirectly out of any negligent or intentional act or omission of Consultant, or its agents, officers, employees, or volunteers relating to or during the performance of its obligations under this Agreement.

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

18. DISPUTE RESOLUTION.

All claims, controversies, or disputes arising out of, or relating to the formation of this Agreement, or the breach, termination execution, enforcement, interpretation, or validity of this Agreement, including the determination of the scope or applicability of this contract provision shall be determined by binding arbitration in Modesto, California by one arbitrator, except as otherwise specified in this Agreement. The American Arbitration #11..
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Association shall administer the arbitration under its Arbitration Rules then in effect, subject to the modifications of those rules contained in this paragraph. This agreement to arbitrate shall be specifically enforceable under the prevailing law of any court having jurisdiction, and the award rendered by the arbitrator may be entered in any court having jurisdiction. The appropriate venue for any arbitration or court proceeding relating to or arising out of this provision shall be in Stanislaus County, California.

This paragraph is not intended to and does not waive the claim filing requirements found in California Government Code section 900 et seq. In the event that a timely and legally sufficient, arbitrable claim is filed by Consultant with City, and the claim is rejected in whole or in part by City, this paragraph shall result in the conclusive, final, and binding resolution of all the issues presented in the claim by Consultant so long as any issues presented by the claim are arbitrable. Claims rejected by City or by operation of law, shall be submitted by Consultant to arbitration pursuant to the Arbitration Rules of the American Arbitration Association within ninety (90) days after mailing of the written rejection by City to Consultant.

Otherwise, the claim or claims shall be deemed waived in their entirety.

The “fast track’ rules of the American Arbitration Association shall apply to any claim or counterclaim less than ONE HUNDRED FIFTY THOUSAND AND 00/100 ($150,000.00) DOLLARS. In arbitration not proceeding under the “fast track” rules, the arbitrator shall have the power to order that depositions be taken and other discovery be made.

Both City and Consultant shall have the right, upon written notice, to take no more than three (3) depositions of the other as a matter of right in an arbitration proceeding under the “fast track” rules.
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Whether or not City and Consultant may be engaged in interstate commerce, any controversy or dispute mentioned above shall be determined by, and the parties shall be bound by, the substantive law of the State of California, and not the Federal Arbitration Act at 9 USC Section 1 et seq.

The arbitrator may grant any remedy or relief deemed by the arbitrator just and equitable under the circumstances, whether or not such relief could be awarded in a court of law. The arbitrator shall be empowered to award monetary sanctions against a party for failure of cooperation in the arbitration. The arbitrator shall, in written award, allocate all the costs of the arbitration, including the fees of the arbitrator and the reasonable attorney fees of the prevailing party, against the party who did not prevail. The prevailing party shall be the party in whose favor the majority of the central issues in the case are resolved.

Notwithstanding anything in this provision to the contrary, the arbitrator shall have no power to award punitive damages or other damages not measured by the party’s actual damages (excluding litigation costs and fees) against any party. This limitation of the arbitrator’s powers under this Agreement shall not operate as an exclusion of the issue of punitive damages from this Agreement to Arbitrate sufficient to vest jurisdiction in a court with respect to that issue.

Consultant shall include in all subcontracts a specification whereby the subcontractor consents to being joined in an arbitration between City and Consultant involving the work of the subcontractor to be joined. Consultant’s failure to do so shall be a breach of this Agreement.
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The parties hereby waive any rights provided by Title 9.2 of the California Code of Civil Procedure, Section 1296. The arbitrator’s award shall be deemed final, conclusive and binding to the fullest extent allowed by California law.

19. ENTIRE AGREEMENT.

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

20. PARTIAL INVALIDITY.

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

21. WAIVER.

The waiver by any party to this Agreement of a breach of any provision hereof shall be in writing and shall not operate or be construed as a waiver of any other or subsequent breach hereof unless specifically stated in writing. #11..
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22. AUDIT.

The City's duly authorized representative shall have access at all reasonable times to all reports, contract records, contract documents, contract files, and personnel necessary to audit and verify Consultant's charges to City under this Agreement.

Consultant agrees to retain reports, records, documents, and files related to charges under this Agreement for a period of four (4) years following the date of final payment for Consultant services. City's representative shall have the right to reproduce any of the aforesaid documents.

23. GOVERNING LAW.

This Agreement shall be governed according to the laws of the State of California.

24. HEADINGS NOT CONTROLLING.

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

25. COMPLIANCE WITH LAWS.

Consultant shall insure compliance with all safety and hourly requirements for employees, in accordance with federal, state, and county safety and health regulations and laws. Consultant shall fully comply with all applicable federal, state, and local laws, ordinances, regulations and permits.

26. CITY BUSINESS LICENSE.

Consultant will have a City of Modesto business license. #11..
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IN WITNESS WHEREOF, the City of Modesto, a municipal corporation, has authorized the execution of this Agreement in duplicate by its City Manager and attestation by its City Clerk under authority of Resolution No. 2022- , adopted by the Council of the City of Modesto on the day of , 2022, and WEST YOST ASSOCIATES, INC. has caused this agreement to be duly executed in duplicate as of the Effective Date. #11..
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8950 Cal Center Drive
Bldg. 1, Suite 363
Sacramento CA 95826
916.306.2250 phone
530.756.5991 fax
westyost.com
January 25, 2022 SENT VIA: EMAIL
Cristian Ciotau, PE, SE, LEED AP
Senior Civil Engineer, Utilities
City of Modesto
1010 10th Street, Suite 4600
Modesto, CA 95353
SUBJECT:

Dear Cristian:

The purpose of this letter proposal is to describe West Yost’s proposed Scope of Services, Budget, and Schedule for design, bid period, and construction period support associated with equipping the City of Modesto’s (City’s) existing Jennings Wastewater Treatment Plant (WWTP) potable water supply well (Jennings Well) with a treatment system capable of supplying water that meets all primary and secondary water quality requirements.

BACKGROUND
The Jennings Well provides potable water to the City’s Jennings WWTP for City staff use. The Jennings Well has historically exceeded secondary Maximum Contaminant Levels (MCLs) for chloride, manganese, sulfate, hardness (as CaCO3), electrical conductance (EC) and total dissolved solids. When chlorinated, manganese precipitates out of solution and leaves a dark residual that must be flushed out of the distribution system on a regular basis.

The City previously retained West Yost to evaluate options and provide recommendations to provide potable water to the Jennings WWTP and the nearby City Composting Facility, which currently does not have a potable water supply. Findings from the evaluation included the following:
• Drilling a replacement well or modification of the existing well is unlikely to improve water quality; therefore, adding treatment to the existing well is recommended to meet applicable water quality requirements.
• The proposed treatment system consists of replacing the existing well pump with a higher head unit and adding a pressure tank, a water softener, and a packaged reverse osmosis treatment unit.
• Projected water demands at the Jennings WWTP and the City Composting Facility are projected to increase substantially but are within the production capacity of the existing well, even with implementation of treatment.

Proposal for Jennings Potable Water Supply Well Treatment Design, Bidding and Construction Period Engineering Services

EXHIBIT A
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The City reviewed the proposed recommendations further with West Yost and confirmed that the City will proceed with improvements as recommended. The City’s review included a closer evaluation of the brine waste discharge that would result from the proposed treatment system, and the associated increase in total dissolved solids as a result. The anticipated increase was found to be a small fraction of the total load at Jennings WWTP and would likely not be detectable1. Upon determining that the impact from the brine waste would be minimal, the City requested that West Yost prepare this proposal to proceed with design and associated bid period and construction period services for the recommended improvements.

SCOPE OF SERVICES
West Yost has organized the Scope of Services into the following tasks, each further described below:
• Task 1. Preliminary Design and Basis of Design Memorandum • Task 2. Design of Treatment Improvements
• Task 3. Bid Period Services
• Task 4. Engineering Services during Construction
• Task 5. Project Management and Meetings
Task 1. Preliminary Design and Basis of Design Memorandum Under this task, the conceptual treatment system design will be formally defined. The conceptual treatment system layout/design prepared for the City by West Yost in a technical memorandum (TM) titled Jennings Well Facilities and Treatment Evaluation (dated April 14, 2020), will serve as a basis for the preliminary design of treatment improvements. Improvements will be further defined and summarized in a Basis of Design Memorandum (BODM). The previous TM generally recommended the following, and is assumed for budgeting purposes:
• Treatment System. Recommended treatment system improvements include the following:
— New well pump (25 gpm @ 125 feet of total dynamic head) — New 370-gallon raw water hydropneumatic tank
— A dual-softener system (intended to remove soluble manganese from water, to prevent fouling of the reverse osmosis (RO) units) and associated brine tank — A packaged RO system (includes RO feed pump, cartridge filter, and five RO modules mounted on a skid); two units are planned, but only one unit is needed initially; another unit could be added in the future if additional treatment capacity or additional supply is needed — Concentrate waste drainpipe to nearby adjacent distribution box, approximately 250 lineal feet (LF), which will direct the waste stream to the Phase II treatment facilities to minimize the salinity impacts to the Jennings WWTP discharge — Equipment pads for new treatment equipment and a canopy limiting ultraviolet (UV) exposure to proposed treatment equipment
1 Email from West Yost to City on 6/18/2021.

EXHIBIT A
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— Associated electrical, instrumentation and controls for new equipment, and integration of existing and new equipment into the City’s SCADA system (to alert of any failed conditions) • Distribution System. Pipeline extension of approximately 2,100 LF to provide potable water service to the Compost Facility (replacing the need for existing trucked water service) The BODM will formalize recommendations and equipment selections and will include preliminary drawings (equivalent to the 35 percent design level). Topics covered in the BODM include:
• Code review and approach to compliance
• Proposed site plan and coordination with existing utilities • Drain waste line to the adjacent distribution box
• New 2,100 LF of distribution system piping to Compost Facility • Equipment selection recommendations
• Structural recommendations for equipment pads and proposed canopy • Investigation and description of how to connect the existing well and booster pump facility and proposed improvements to the Jennings WWTP SCADA system (currently, the existing well and booster pump station are not connected to the City’s SCADA system) • Preliminary piping and instrumentation diagram
• Electrical one-line diagram
The BODM and associated preliminary drawings will be the basis for subsequent draft and final submittals of drawings and technical specifications (described under Task 2). The BODM will also include an Opinion of Probable Construction Cost (OPCC).

Task 1 Assumptions
• City will provide consolidated comments to all submittals. • City will provide all requested data and will review work products in a timely fashion within two weeks of receipt of submittals.
• Survey and/or potholing will not be needed. City will provide available topography information, in AutoCAD format, from recent work within the Jennings WWTP.

Task 1 Deliverables
• West Yost will provide a Draft BODM in PDF format.
• West Yost will provide a Final BODM in PDF format, incorporating City comments. • West Yost will prepare preliminary design drawings and an OPCC, representing the 35 percent design level, in PDF format.

EXHIBIT A
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Task 2. Design of Treatment Improvements
Under this task, West Yost will proceed with the preparation of final design/bid documents once the City has reviewed and approved the BODM prepared in Task 1. Activities under this task include the following:
• Provide draft drawings and technical specifications for City review and comment. • Meet with City staff to review and discuss a consolidated set of City review comments on the draft design documents (budgeting included in Task 5). • Provide final drawings and specifications, sealed by a professional engineer, for the City’s use in bidding the project.
• Develop an Opinion of Probable Cost with each submittal.

Following the meeting with City staff (included in Task 5), West Yost will provide a response to City comments so the City can determine if their comments have been adequately addressed. Final drawings and technical specifications will subsequently be provided upon receipt of City confirmation. For the City’s reference, Attachment A contains a preliminary sheet list of the anticipated drawings for the project.

Task 2 Assumptions
• City will provide consolidated comments for the draft drawings and technical specifications. • City will provide all requested data and will review work products in a timely fashion within two weeks of receipt of submittals.

Task 2 Deliverables
• West Yost will provide 90 percent draft drawings and technical specifications. • West Yost will provide a written response to City comments on 90 percent draft plans and technical specifications.
• West Yost will provide Final drawings and technical specifications, upon City confirmation that all comments have been addressed.
• West Yost will provide Opinion of Probable Construction Cost with each submittal.

Task 3. Bid Period Services
Bid period services are primarily focused on assisting the City in the selection a general contractor for the construction of the treatment improvements. Proposed activities for this task include:
• Assist the City with bidding process, as requested by City. Budgeting assumes West Yost will participate in the pre-bid meeting
• Assist City in responding to bidder questions or issuing addenda, as required/if needed.

Task 3 Assumptions
• City will prepare the bid tabulation and verify general conformance with bid documents, including signatures and requisite submission of appropriate documentation. • City staff is responsible for providing all requested data, timely review of work products within two weeks of receipt and being available to meet with West Yost to review and discuss City comments on work products.

EXHIBIT A
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Task 3 Deliverables
• West Yost will provide written responses to bidder questions, and prepare addenda in PDF format for City use, as needed. Up to three addenda and/or responses to questions are assumed for task budgeting.

Task 4. Engineering Services during Construction
Under this task, West Yost will provide engineering services during construction that are anticipated in the following three key phases of construction:
• Pre-construction
• Construction
• Post-construction
Activities specific to each phase are described in more detail below.

Task 4.1 Pre-Construction Activities
This phase focuses on activities that occur prior to the contractor mobilizing to the project site. Anticipated activities include:
• Prepare construction drawings and technical specifications based on the design drawings and technical specification from bid documents, addenda (if any), and any changes during contracting
• Review contractor’s shop drawings and other submittals, including material submittals, project schedule, and schedule of values (a total of up to 35 submittals and/or resubmittals are assumed)
Task 4.2 Construction Activities
This phase focuses on activities that occur during construction, while the selected contractor is on-site.

Anticipated activities include:
• Attend regular onsite construction status meetings, led by City construction management team. Up to five (5) on-site meetings are assumed.
• Provide design team with technical design expertise whenever a change order is being considered, including, but not limited to: plan details, specifications, and cost estimates.

Review and comment on draft change orders. Up to five (5) change orders are assumed. • Participate in final inspection, testing, and start-up and make recommendations to the City regarding project acceptance.

Task 4.3 Post-construction Activities
This phase focuses on activities that occur after construction is complete, and the selected contractor is demobilizing/completely off the project site. The primary activity associated with this phase is preparation of record drawings of the final project, which depict the conditions as documented by the Contractor and the City’s construction manager.

EXHIBIT A
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Task 4 Assumptions
• City will provide construction management and inspection services. • West Yost will participate in final inspection, testing and start-up, and make recommendations to City regarding Project acceptance.
• West Yost will review up to a total of 35 submittals and/or resubmittals. • West Yost will review up to five (5) considered change orders. • West Yost will attend up to five (5) on-site meetings.

Task 4 Deliverables
• West Yost will provide written responses to submittals and/or change orders, as needed. • West Yost will prepare record drawings based on markups provided by the City.

Task 5. Project Management and Meetings
Under this task, West Yost will provide the following project management services:
• Conduct a project kickoff meeting to review the Scope of Services, Budget and Schedule for the project and confirm communication procedures
• BODM review meeting with the City engineering and operations teams, focused on receiving comments from City staff on preliminary design submittal • 90 percent draft design review meeting with the City engineering and operations teams, focused on receiving comments from City staff on draft submittal • Project status conference calls (up to 10)
Monthly project status conference calls will be scheduled between West Yost and the City project manager, plus others as needed. Throughout the duration of the Project, West Yost will also coordinate various project/contract administration with the City, including preparation of monthly invoices.

Task 5 Assumptions
• West Yost will attend up to ten (10) project status calls.

Task 5 Deliverables
• West Yost will provide agendas and meeting notes for in-person meetings and conference calls. • West Yost will prepare monthly invoices with a brief description of the activities performed during the invoicing period.

EXHIBIT A
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Staffing
To accomplish the Scope of Services presented in the previous sections, the following Key Staff are proposed:
• Roberto (Bobby) Vera. Bobby will serve as Project Engineer and will lead the design team to build upon the Jennings Well Evaluation completed in April 2020. Bobby will also serve as overall project manager and will ensure that all major deliverables meet the needs of the City. • Jim Connell. Jim will serve as overall QA/QC for the design portion of the work and will also be available to assist Bobby with engineering services during construction, as needed. • Kathryn Gies. Kathryn will act as Principal-in-Charge and will provide overall project oversight to ensure the West Yost team is meeting the City’s expectations.

The above listed staff will be supported by other senior and staff level engineers, as needed. All work products will be reviewed by a Principal level engineer or higher, to ensure that all quality standards are met.

BUDGET
West Yost’s proposed level of effort and budget for each of the tasks described above is shown in Table1.

West Yost will perform the Scope of Services described above on a time-and-expenses basis, at the billing rates set forth in West Yost’s attached 2022 Billing Rate Schedule (provided Attachment B), with a not-to-exceed budget of $219,300. Any additional services not included in this Scope of Services will be performed only after receiving written authorization and a corresponding budget augmentation.

Table 1. Estimated Project Hours and Budget
Task
Level of Effort,
hours
Subconsultant
Budget, dollars
Total Estimated
Budget, dollars
Task 1. Preliminary Design and Basis of Design
Memorandum 135 9,700 39,850
Task 2. Design of Treatment Improvements 278 36,400 93,000 Task 3. Bid Period Services 36 - 9,700
Task 4. Engineering Services during Construction 108 29,000 54,900 Task 5. Project Management and Meetings 80 - 21,850
Total Project Hours and Budget 637 $75,100 $219,300

EXHIBIT A
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SCHEDULE
West Yost is prepared to start work upon formal notice to proceed and receipt of all data needed from the City. Attachment C contains a schedule of all project elements. As shown in the conceptual schedule, the following are a list of key dates/assumptions:
• Notice-to-proceed assumed to be March 7, 2022.
• Overall project duration estimated at 82 weeks, for an estimated completion by August 2023, and is estimated as follows:
— Design Phase has an estimated duration of 32 weeks. Final plans and specifications anticipated by October 2022.
— Construction activities are assumed to begin at the end of January 2023 and continue through September 2023.

Thank you for providing West Yost the opportunity to be of continued service to the City of Modesto. We look forward to working with you on this important project. Please call if you have any questions or require additional information.

Sincerely,

WEST YOST
Roberto Vera, PE
Senior Engineer/Project Manager
RCE #83500
Attachments: A. Preliminary Sheet List
B. West Yost 2022 Billing Rate Schedule
C. Project Schedule

EXHIBIT A
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Dwg No. Title Sheet No.

G1 Cover Sheet 1
G2 General Notes 2
D1 Demo / Existing Conditions 3
C1 Site Plan 4
C2
Compost Facility Pipeline
Plan and Profile 1 (Sta 0+00 - 7+00) 5
C3
Compost Facility Pipeline
Plan and Profile 2 (Sta 7+00 - 14+00) 6
C4
Compost Facility Pipeline
Plan and Profile 3 (Sta 14+00 - 21+00) 7
C100 Civil Details 1 / Drain Waste Line (Sta. 0+00 - 2+50) 8 C101 Civil Details 2 9
C102 Civil Details 3 10
S1 Structural Plan 1 11
S2 Structural Plan 2 12
S100 Structural Details 1 13
E1 Electrical Symbols & Abbreviations 14
E2 One Line Diagram & Elevation 15
E3 Pump Elementary Diagram 16
E4 Control Panel Elevation & Layout 17
E5 Control Panel Elementary Diagrams 18
E6 Example Interconnect Diagram 19
E7 Typical Electrical Details No. 1 20
E8 Typical Electrical Details No. 2 21
E9 Overall Electrical Site Plan 22
E10 Conduit & Wire Routing Schedule 23
I1 Instrumentation Symbols & Abbreviations 24
I2 Well Piping & Instrumentation Diagram 25
I3 Auxiliary Piping & Instrumentation Diagram 26
Table 1. Preliminary Drawing List
Note:

1. Sheet list is preliminary and will be updated/further defined as part of BODM. last revised: 08-17-21
City of Modesto
Jennings Potable Water Supply Well
Treatment Design, Bidding and Construction Period Engineering Services

EXHIBIT A
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ID Task Name Duration Start Finish
0 City of Modesto - Jennings Well Treament Design and Construction 82 wks Mon 3/7/22 Fri 9/29/23 1 Notice to Proceed 0 wks Mon 3/7/22 Mon 3/7/22
2 Design Phase 32 wks Mon 3/7/22 Fri 10/14/22
3 Task 1. Preliminary Design and Basis of Design Memo 8 wks Mon 3/7/22 Fri 4/29/22 4 Basis of Design Memo Submittal to City 0 wks Fri 4/29/22 Fri 4/29/22 5 City Review Period 3 wks Mon 5/2/22 Fri 5/20/22
6 Task 2. Design of Treament Improvements 21 wks Mon 5/23/22 Fri 10/14/22 7 Draft Submittal 10 wks Mon 5/23/22 Fri 7/29/22
8 Draft Submittal to City 0 wks Fri 7/29/22 Fri 7/29/22 9 City Review Period 3 wks Mon 8/1/22 Fri 8/19/22
10 Respond to City Comments 3 wks Mon 8/22/22 Fri 9/9/22 11 Draft-Final Submittal to City 0 wks Fri 9/9/22 Fri 9/9/22 12 City Review Period 3 wks Mon 9/12/22 Fri 9/30/22
13 Final Submittal 2 wks Mon 10/3/22 Fri 10/14/22
14 Final Submittal to City 0 wks Fri 10/14/22 Fri 10/14/22 15 Bidding/Construction Phase 50 wks Mon 10/17/22Fri 9/29/23 16 Task 3. Bid Period Services 12 wks Mon 10/17/22Fri 1/6/23 17 Estimated Construction Start 0 wks Fri 1/6/23 Fri 1/6/23 18 Task 4. Engineering Services During Construction
(Estimated Construction Duration)
38 wks Mon 1/9/23 Fri 9/29/23
19 Estimated Construction Completion 0 wks Fri 9/29/23 Fri 9/29/23 20 Task 5. Project Management 82 wks Mon 3/7/22 Fri 9/29/23 Notice to Proceed 22/3/7
DeBasis of sign Memo Submittal to City 4/29/22
Draft Submittal to City 7/29/22
Draft-Final Submittal to City /229/9
Final Submittal to City 10/14/22
Estimated Construction Start 1/6/23
Estimated Construction Completion 9/29/23
Nov Dec Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec Qtr 4, 2021 Qtr 1, 2022 Qtr 2, 2022 Qtr 3, 2022 Qtr 4, 2022 Qtr 1, 2023 Qtr 2, 2023 Qtr 3, 2023 Qtr 4, 2023

WEST YOST
n-marketing-c-modesto-lp-2021_Jennings
last revised:01-24-2021
City of Modesto
Jennings Wellhead Treatment Design and

EXHIBIT A
Engineering Services during Construction
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(Effective January 1, 2022 through December 31, 2022)*

POSITIONS

ENGINEERING
Principal/Vice President $318
Engineer/Scientist/Geologist Manager I / II $301 / $315 Principal Engineer/Scientist/Geologist I / II $272 / $289 Senior Engineer/Scientist/Geologist I / II $244 / $256
Associate Engineer/Scientist/Geologist I / II $209 / $224 Engineer/Scientist/Geologist I / II $168 / $195
Engineering Aide $98
Field Monitoring Services $90
Administrative I / II / III / IV $86 / $109 / $130 / $144

ENGINEERING TECHNOLOGY
Engineering Tech Manager I / II $313 / $315
Principal Tech Specialist I / II $287 / $297
Senior Tech Specialist I / II $263 / $275
Senior GIS Analyst $238
GIS Analyst $225
Technical Specialist I / II / III / IV $168 / $191 / $215 / $240 Technical Analyst I / II $120 / $144
Technical Analyst Intern $97
Cross-Connection Control Specialist I / II / III / IV $125 / $136 / $152 / $170 CAD Manager $189
CAD Designer I / II $147 / $166

CONSTRUCTION MANAGEMENT
Senior Construction Manager $304
Construction Manager I / II / III / IV $185 / $199 / $211 / $267 Resident Inspector (Prevailing Wage Groups 4 / 3 / 2 / 1) $162 / $180 / $201 / $209 Apprentice Inspector $147
CM Administrative I / II $79 / $106
Field Services $209

LABOR CHARGES
(DOLLARS PER HOUR)
■ Hourly rates include Technology and Communication charges such as general and CAD computer, software, telephone, routine in-house copies/prints, postage, miscellaneous supplies, and other incidental project expenses. ■ Outside Services such as vendor reproductions, prints, shipping, and major West Yost reproduction efforts, as well as Engineering Supplies, etc. will be billed at actual cost plus 15%. ■ The Federal Mileage Rate will be used for mileage charges and will be based on the Federal Mileage Rate applicable to when the mileage costs were incurred. Travel other than mileage will be billed at cost. ■ Subconsultants will be billed at actual cost plus 10%. ■ Expert witness, research, technical review, analysis, preparation and meetings billed at 150% of standard hourly rates. Expert witness testimony and depositions billed at 200% of standard hourly rates. ■ A Finance Charge of 1.5% per month (an Annual Rate of 18%) on the unpaid balance will be added to invoice amounts if not paid within 45 days from the date of the invoice. 2022 Billing Rate Schedule
* This schedule is updated annually Page 1 of 2

EXHIBIT B
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(Effective January 1, 2022 through December 31, 2022)*
Equipment Charges

EQUIPMENT
2" Purge Pump & Control Box $270 / day
Aquacalc / Pygmy or AA Flow Meter $28 / day
Gas Detector $80 / day
Generator $39 / day
Hydrant Pressure Gauge $10 / day
Hydrant Pressure Recorder, Impulse (Transient) $55 / day Hydrant Pressure Recorder, Standard $40 / day
Low Flow Pump Controller $75 / day
Powers Water Level Meter $32 / day
Precision Water Level Meter $19 / day
Stainless Steel Wire per foot $0.03 / day
Storage Tank $15 / day
Sump Pump $24 / day
Transducer Components (per installation) $23 / day
Trimble GPS – Geo 7x $220 / day
Tube Length Counter $22 / day
Turbidity Meter $22 / day
Vehicle $10 / day
Water Flow Probe Meter $20 / day
Water Quality Meter $27 / day
Water Quality Multimeter $185 / day
Well Sounder $30 / day

BILLING RATES
2022 Billing Rate Schedule
* This schedule is updated annually Page 2 of 2

EXHIBIT B
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6800 Koll Center Parkway, Suite 150 Pleasanton, CA 94566 Phone 925.426.2580 Fax 530.756.5991 westyost.com

TECHNICAL MEMORANDUM
DATE: April 14, 2020 Project No.: 418-12-17-46.004
SENT VIA: EMAIL
TO: Robert Davalos, PE, City of Modesto
CC: Jesse Franco, PE, City of Modesto
FROM: Jim Connell, PE, RCE #63052
Ken Loy, PG #7008
Roberto Vera, PE, RCE #83500
REVIEWED BY: Elizabeth Drayer, PE, RCE #46872
SUBJECT: Jennings Well Facilities and Treatment Evaluation The purpose of this technical memorandum (TM) is to summarize West Yost Associates’ (West Yost) evaluation of the City of Modesto’s (City) Jennings Well Facilities and evaluate the need for additional facilities to provide potable water meeting all primary and secondary requirements for existing and future demands.

Significant findings of this evaluation include the following:
• Projected water demands at the Jennings Wastewater Treatment Plant (WWTP) and composting facility increase substantially but are within the capacity of the existing well, even with implementation of treatment.
• Drilling a replacement well or modification of the existing well is unlikely to improve water quality, thus adding treatment to the existing well is recommended to meet applicable water quality requirements.
• The proposed treatment system consists of a pressure tank, a water softener, and a packaged reverse osmosis unit.
• The existing well pump does not have sufficient head to feed a proposed treatment system and should be replaced with a higher head pump.
• There is sufficient electrical capacity at the site to power the proposed treatment system. • The capacity of the existing potable water booster pumps and distribution system is sufficient for the projected growth.
• The opinion of probable construction cost for the recommended project is approximately $448,000 and would result in annual operating costs of approximately $31,800. Of the total construction cost, water quality improvements are estimated at $202,000 and pipeline improvements (to extend water service to the Composting Facility) are estimated at $246,000.
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The evaluation and findings are discussed in detail in the following sections of this TM:
• Project Background
• Existing and Future Water Demand Projections
• Groundwater Evaluation
• Treatment System Evaluation
• Distribution System Evaluation
• Conceptual Level Capital Costs
• Summary of Findings and Conclusions

PROJECT BACKGROUND
The Jennings Well is a potable water supply well located at the City’s Jennings WWTP. The Jennings Well currently provides water for potable use for Jennings WWTP staff. The Jennings Well facilities are generally described as follows:
• The well is equipped with a submersible pump that can supply a peak flow of 25 gallons per minute (gpm) at a total dynamic head (TDH) of 60 feet. • The well discharges to a 5,000-gallon storage tank after being treated with sodium hypochlorite. A flow meter is located between the well and the storage tank. • A duplex booster pump system pumps the water from the storage tank to maintain distribution system pressure (between 40 to 60 pounds per square inch [psi]) in a 500-gallon bladder style hydropneumatic tank. The pump station consists of one small jockey pump (0.75-hp, 10-gpm @ 175 feet of TDH) and two larger pumps (each 5-hp, 50 gpm @ 175 feet of TDH).
• The distribution system includes approximately 6,300 lineal feet of 4‐inch to 6‐inch diameter pipe. There are eleven (11) service connections: six (6) connections associated with the conventional WWTP and five (5) connections associated with Phase 2 tertiary treatment buildings.

Water from the Jennings Well has exceeded secondary Maximum Contaminant Levels (MCLs) for chloride, manganese, sulfate, hardness (as CaCO3) electrical conductance (E.C.), and total dissolved solids (TDS). When chlorinated, the manganese precipitates out and leaves a dark residue that must be flushed out of the distribution system on a regular basis. Consequently, there has been reluctance from City staff to use the water since secondary water quality requirements have not been met.

Arsenic and gross alpha radiation have exceeded 50 percent of their respective primary MCLs, thus arsenic and gross alpha should continue to be monitored.

A City-owned and operated composting facility is located adjacent to the WWTP. The composting facility currently does not have a domestic water supply source and, as a result, has drinking water delivered weekly. In addition to the composting facility, potable water demands to be served by #11..
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o\c\418\12-17-46\wp\Jennings Well Eval\022520_1TM
the Jennings Well are expected to increase due to relocation of the City’s Sutter WWTP facilities to the Jennings WWTP site, and due to a planned Phase 3 Biological Nutrient Removal (BNR) Expansion at the Jennings WWTP.

In light of existing water quality concerns and the future planned growth at and adjacent to the Jennings WWTP, the City retained West Yost to conduct this evaluation with the following objectives:
• To project the ultimate potable water demand associated with planned future growth, • To evaluate the various components of the existing Jennings Facilities, and • To recommend capital improvements necessary to serve the projected future potable water demand while meeting all primary and secondary water quality requirements.

It should be noted that City staff conducted an evaluation of the Jennings Well a few years ago.

The results and findings discussed in this TM generally concur with the findings of the previous evaluation, except that the recommended treatment capacity is now being sized to accommodate projected future demand. This effort is intended to supplement the previous evaluation and provide specific recommendations for implementation by the City.

EXISTING AND FUTURE WATER DEMAND PROJECTIONS
Based on available demand data and discussions with City staff, West Yost prepared estimates for existing and projected average annual and maximum monthly potable water demands for the Jennings WWTP. Projected water demands are summarized in Table 1, and are comprised of the following components:
• Existing Jennings WWTP demands
• Future demands associated with the Sutter Water Treatment Plant facility relocation • Future demands associated with the composting facility • Future demands associated with the Phase 3 BNR expansion Each of these demand components, and specific data or details of each, are discussed in subsequent sections. As summarized in Table 1, the projected buildout average daily demand is estimated to be 12,000 gallons per day (gpd), or approximately 8.4 gpm. Projected buildout maximum monthly demand is estimated to be 15,300 gpd, or approximately 10.6 gpm. Since Supervisory Control and Data Acquisition (SCADA) data is not available for the Jennings Well facilities, daily variations of demands cannot be determined. Therefore, maximum monthly demands were used as a surrogate for maximum daily and peak hour demands.
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Component
Annual Demand,
MG(a)
Daily Demand,
gpd(b)
Daily Demand,
gpm(c) Notes
Existing Jennings Demand 0.46 1,260 0.9 Refer to Figure 1, Four Year Annual Average Demand (2015-2018)
Demands associated with the Sutter
Facilities Relocation to Jennings Area 3.29 9,027 6.3
Refer to Figure 2, Four Year Annual Average
Demand (2015-2018). Assumes demands
are fully "transferred" to Jennings Area.

Demands associated with
Composting Facility 0.42 1,143 0.8 Estimated based on discussions with the City, based on 8,000 gallons/week Demand Increase associated with
the Phase 3 BNR Expansion 0.23 630 0.4 Conservatively assumed to be 50%of Existing Jennings Well Demand Total 4.40 12,060 8.4 Existing + Future
Existing Jennings Demand - 2,017 1.4 Refer to Figure 1, Maximum Month of Data Set (August 2016)
Demands associated with the Sutter
Facilities Relocation to Jennings Area - 10,696 7.4 Refer to Figure 2, Maximum Month ofData Set (August 2017) Demands associated with
Composting Facility - 1,714 1.2 Assumed to be 12,000 gallons/week(50% peaking factor) Demand Increase associated with the
Phase 3 BNR Expansion - 1,009 0.7 Assumed to be 50% of Jennings Maximum Month (August 2016) Total - 15,437 10.7 Existing + Future
(a) MG = million gallons
(b) gpd = gallons per day
(c) gpm = gallons per minute
Table 1. Summary of Existing and Projected Potable Water Use of Jennings Area Existing Demand
Projected Future Demand
Existing Demand
Projected Future Demand
Average Annual
Maximum Month

W E S T Y O S T A S S O C I A T E S
o\c\418\12-17-46\e\7\DemandAnalysis.xlsx
Last Revised: 04-01-2020
City of Modesto
Jennings Well Evaluation
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Existing Jennings WWTP Demands
The historical monthly production of the Jennings Well between 2015 and 2018 is shown on Figure 1. As shown, there is an apparent reduction in average annual demand beginning September 2016. The average annual production between 2015 and 2018 was 0.46 million gallons (MG) (0.9 gpm average daily demand). Between 2017 and 2018, the average annual production of the Jennings Well dropped to 0.36 MG (0.7 gpm average daily demand). Although the recent two-year average more accurately represents current conditions, the four-year average was used to estimate average annual water demands for the purposes of developing demand projections.

Maximum month demand conditions were estimated by selecting the highest water demand month from the available data set. The maximum monthly demand observed was August 2016 at 2,017 gpd (1.4 gpm), or approximately a 60 percent increase from average daily conditions.

Sutter Wastewater Treatment Plant
The historical monthly potable consumption for all service meters at the existing Sutter Wastewater Treatment Plant (WWTP) between 2015 and 2019 are shown on Figure 2. Water usage was on average lower in 2015 than in any of the other years and was slightly greater during 2017.

The average annual water use between 2015 and 2018, the same time period of the available Jennings WWTP data, was 3.29 MG (6.3 gpm average daily demand).

Maximum month demands were estimated by selecting the highest water demand month from the available data set. The maximum monthly demand observed was August 2017 at 10,696 gpd (7.4 gpm), or an 18 percent increase from average daily conditions.

For the purposes of this evaluation, it was assumed that 100 percent of the existing Sutter WWTP potable water demand would be transferred to the Jennings WWTP. It should be noted that although all facilities are being relocated, not all City staff will be transferring to the new Jennings WWTP. Thus, it is expected that less than 100 percent of existing Sutter WWTP potable water demand would be transferred to the expanded Jennings WWTP.

Composting Facility
Potable water demand of the Composting Facility is currently met by regular water deliveries. An existing 4,000-gallon potable water tank at the facility is refilled once or twice per week. For the purposes of this evaluation, potable water demand associated with the Composting Facility was estimated to be 8,000 gallons per week (i.e., two refills per week). Using this conservative estimate, the facility’s average annual water demand is approximately 0.42 MG (0.8 gpm average daily demand).

Peaking conditions are not known. Thus, maximum month demand was assumed to have a 50 percent peaking factor from average daily demands or approximately 1.2 gpm. #11..
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W E S T Y O S T A S S O C I A T E S
o\c\418\12-17-46\e\7\DemandAnalysis.xlsx
Last Revised: 02-25-2020
City of Modesto
Jennings Well Evaluation

0.00 0.10

0.20 0.30

0.40 0.50

0.60 0.70

0.80 0.90

1.00 0
10,000
20,000
30,000
40,000
50,000
60,000
70,000
80,000
90,000
100,000
January February March April May June July August September October November December Average Annual Production, MG
Production, Gallons
Month
Figure 1. Historical Monthly Jennings Well Production
2015 through 2018
2015 2016 2017 2018 Two Year Annual Average (2017-2018) Four Year Annual Average (2015-2018) #11..
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Phase 3 Biological Nutrient Removal Expansion
The water demand increase associated with the Phase 3 BNR Expansion is not known but was assumed to be 50 percent of historical Jennings Well water demand. Therefore, the average annual water demand for the BNR system was projected to be 0.23 MG (0.4 gpm average annual demand).

Similarly, maximum month conditions were assumed to be 50 percent of historical maximum monthly demands served by the Jennings Well. Therefore, the maximum monthly demand was projected to be 0.7 gpm.

GROUNDWATER EVALUATION
The following sections summarize the existing down-hole facilities, supply capacity and alternatives to improve groundwater quality.

Existing Well and Water Quality
The existing Jennings Well was constructed in 2009 using mud rotary techniques. The well has a bentonite clay annular sanitary seal that extends from approximately land surface to a depth of 357 feet below ground surface (bgs). The well was constructed of 6-inch inside diameter PVC casing and screen with 0.032-inch factory-slotted screen. The total depth of the cased well is 472 feet bgs. The screened interval extends over the 90-foot interval from 382 to 472 feet bgs. The filter pack consist of CEMEX #3 sand and extends from 362 feet to 475 feet bgs.

Based on regional mapping, the well produces groundwater from the confined aquifer system below the Corcoran Clay and other fine-grained confining units.

Coarse-grained aquifer materials were encountered within the screened interval from depths ranging from approximately 432 feet to 475 feet bgs, an interval of 43 feet located at the bottom of the well. The remainder of the screened and filter packed section of the well is adjacent to relatively fine-grained sediments (silty or clayey sands and clays). The coarser grained sediments probably have much higher hydraulic conductivity than the finer grained sediments within the screened interval and most of the production is probably from the 43-foot coarse-grained interval.

As noted above, without treatment, groundwater from the well exceeds secondary MCLs for chloride, manganese, sulfate, hardness (as CaCO3), E.C., and TDS. Arsenic and gross alpha radiation have exceeded 50 percent of their respective primary MCLs. These constituents are consistent with water quality characteristics reported in regional studies of the confined aquifer system and are considered typical for the area. However, based on the probable large range of aquifer hydraulic conductivity of the aquifer material within the screened and filter packed interval, it is possible that there is variation in water quality by aquifer zone within the screened and filter packed interval. The finer grained intervals would be expected to have poorer water quality because of the longer residence time of the groundwater in finer grained sediments. #11..
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W E S T Y O S T A S S O C I A T E S
o\c\418\12-17-46\e\7\DemandAnalysis.xlsx
Last Revised: 02-25-2020
City of Modesto
Jennings Well Evaluation

0.00 0.50

1.00 1.50

2.00 2.50

3.00 3.50

4.00 0
50,000
100,000
150,000
200,000
250,000
300,000
350,000
400,000
Average Annual Water Use, MG
Water Use, gallons
Month
Figure 2. Historical Monthly Potable Consumption at Sutter Wastewater Treatment Plant 2015 through 2019 (Meters 754, 361, 314, 368)
Meter 754 Meter 361 Meter 314 Meter 368 Four Year Annual Average (2015-2018) #11..
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Jennings Well Supply Capacity
As discussed in the previous section, the existing Jennings Well pump capacity is 25 gpm, and the future maximum daily demand is projected to be 10.6 gpm. Therefore, there is ample supply to meet projected demands. It is worth noting, and as discussed in the Treatment System Evaluation below, that a reverse osmosis (RO) treatment system has a waste rate of 25 percent (i.e., 75 percent recovery rate) and the water softener will need periodic backflushing. These expected water losses mean that the supply capacity of the Jennings Well with an RO treatment system would be reduced to approximately 17 to 18 gpm. However, even with this reduction of supply capacity, there is still sufficient supply capacity to meet projected future demands.

It is also worth noting that, though the existing Jennings well has sufficient supply capacity, the existing well pump would need to be replaced to accommodate the recommended treatment system. Refer to the Treatment System Evaluation for more details.

Well Alternatives Evaluation
Four alternatives were evaluated to meet the City’s water quality and yield objectives for the Jennings WWTP and composting facility domestic supply. Based on review of the well log for the existing Jennings Well and published reports on the hydrogeology of the area, the constituents found in the existing Jennings Well are typical for the area and unavoidable in the raw water produced from the aquifer. Therefore, each of the alternatives would require wellhead treatment as described in the following section.

The following alternatives were considered:
• Existing well
• Existing well with modified screened interval
• Existing well with a modified pump intake depth setting • Replacement well
Table 2 summarizes the four well alternatives.
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Table 2. Jennings Well Alternatives
Alternative Requirements
Opinion of
Probable
Construction
Cost(a) Recommendation
Existing well Higher capacity pump
to meet TDH
requirements for
treatment
$202,000 Recommended alternative.

Well has sufficient capacity and other alternatives
are unlikely to achieve significant improvements in
water quality.

Existing well with
modified screened
interval
Downhole flow and
water quality testing
followed by well
screen modification
$252,000(b) Not recommended.

Only limited groundwater quality improvements
may be possible based on aquifer conditions and
well modifications may have limited ability to
prevent entry of low-quality groundwater.

Existing well with a
modified pump intake
depth setting
Test pumping and
water quality sampling
to assess variation in
water quality with
pump depth
$232,000(c) Not recommended.

Placement of the pump intake within the screened
interval may cause sand production and result in
damage to equipment and has low potential to
improve water quality. Varying placement of the
pump intake in the blank casing will not change
the well hydraulics and therefore will not affect
water quality.

Replacement well CEQA evaluation,
destruction of existing
well, siting study, test
drilling, well
construction, well
facilities design and
construction, and
Division of Drinking
Water permitting
$1,212,000(d) Not recommended.

Unlikely to bring about significant improvements
in water quality based on regional groundwater
quality studies.
(a) Opinion of probable construction costs for all listed alternatives are conceptual and include $202,000 for wellhead treatment, a higher lift well pump and related improvements, excluding the cost of the pipeline connecting the City’s Composting Facility.

See additional treatment cost information presented in Table 5 below (b) Testing includes downhole video logging, flow velocity logging and depth-specific water quality sampling. Screen modification consists of sealing or packing off selected screened intervals based on test results, and pump testing to support permanent pump selection.
(c) Testing includes test pumping and water quality sampling of the well discharge at three test pump depth settings. (d) Includes well siting and selection of site within 500 feet of existing well, CEQA categorical exemption for replacement of existing infrastructure, preparation of plans and specifications, destruction of existing well, new well and facility construction, testing and DDW permitting.

Existing Well
Based on the available historical production and groundwater level records, the yield of the existing Jennings Well is sufficient to support at least 25 gpm, with the limiting factor being the size of the pump that could be installed in the 6-inch ID casing. Based on the well’s age, and construction records, it should have decades of useful service remaining.

Based on the adequate yield and overall good condition of the existing well, the cost of the well modification or replacement alternatives, and the low likelihood of significant water quality improvements with these alternatives, continued use of the existing well with suitable pumping equipment and treatment is recommended.
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As described in the following section, the estimated capital cost for water quality treatment of the existing well, including replacement of the existing submersible pump, is $202,000. The estimated additional operation and maintenance (O&M) cost for the Existing Well alternative is $31,800 per year.

Existing Well with Modified Screened Interval
Because the projected demands are less than 25 gpm, the capacity of the existing well exceeds requirements, and the well could potentially be modified to improve water quality at the well head.

Improving well water quality could potentially be achieved by sealing off the zones with the poorest water quality, while maintaining the well yield at an acceptable level. Sealing off the zones with the poorest water quality would require downhole flow and water quality testing followed by modification of the well.

This alterative is unlikely to improve water quality significantly based on the expected poor quality of groundwater in the area.

Because wellhead treatment would probably be needed under this alternative, the estimated capital cost, including replacement of the existing submersible pump, is $202,000, plus $50,000 for downhole flow and water quality testing followed by well screen modification, for a total estimated cost of $252,000.

O&M cost savings potentially resulting from improved raw water quality and reduced treatment costs would be offset by increased energy costs due to the reduction in well yield.

Existing Well with a Modified Pump Intake Depth Setting This alternative would involve modification of the pump intake depth setting to improve raw water quality. Modification of the pump intake setting also has a very low likelihood of improving water quality. The pump intake should not be placed within the screened interval because of the risk of sand production, and placement of the pump intake at a different depth setting in the blank casing will not affect water quality because the well hydraulics in the intake section will not change.

Because wellhead treatment would be needed under this alternative, the estimated capital cost, including replacement of the existing submersible pump, is $202,000, plus $30,000 for test pumping and water quality sampling to assess variation in water quality with pump setting depth, for a total estimated cost of $232,000.

O&M costs would be essentially the same as under the Existing Well scenario.

Replacement Well
This alternative would consist of decommissioning the existing well facilities, destroying the existing well and constructing a replacement well. Major components of the well replacement alternative would include CEQA analysis, a siting study, test drilling, well construction, well facility design and construction, decommissioning of the existing facilities and State Water Resources Control Board Division of Drinking Water permitting. #11..
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Wellhead treatment would probably be needed because this alterative is unlikely to improve water quality significantly based on the expected poor quality of groundwater in the area.

The estimated capital costs for this alternative are approximately $1,010,000, plus $202,000 for wellhead treatment. The cost for the submersible well pump is included in the wellhead treatment cost for consistency with the other alternatives. The total estimated capital cost for the replacement well, including wellhead treatment, is $1,212,000. This estimated capital cost is significantly less than the City’s recent municipal well projects. The City’s recently constructed municipal wells have yields ranging from approximately 500 to 1,500 gpm. The lower end of this range is 20 times greater than the yield of the existing Jennings Well. The lower estimated cost of the Jennings Replacement Well is because of the much lower yield and smaller size of the well.

O&M cost savings could potentially result from improved raw water quality and reduced treatment costs with a replacement well. However, even with a 50 percent reduction in the estimated $31,800 annual O&M costs, more than 60 years of operation would be required to offset the additional $1,010,000 in capital cost for the replacement well alterative.

TREATMENT SYSTEM EVALUATION
The potable water treatment system evaluation includes the following topics:
• Water Quality and Treatment Objective
• Proposed Treatment Process
• Treatment System Conceptual Design
• Treatment System Controls
• Air Filter for Potable Water Tank
These topics are discussed in detail below.

Water Quality and Treatment Objective
Water quality data for the Jennings WWTP domestic supply well was collected in September and October 2013. The constituents with concentrations exceeding their respective California Code of Regulations Title 22 MCLs are listed in Table 3 below. The treatment objective is to reduce the concentrations of these constituent to below 80 percent of their respective MCLs.

Table 3. Jennings Well Water Quality Summary
Constituent Units
Concentration
MCL
Target
9/17/2013 10/9/2013 Concentration
Chloride mg/L 640 700 250 <200
Conductivity μmhos/cm 2,900 2,900 900 <720
Manganese μg/L 310 320 50 <40
Sulfate mg/L 450 500 250 <200
Total Dissolved
Solids (TDS) mg/L 1,900 1,900 500 <400
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Proposed Treatment Process
The City’s Utilities Department prepared a feasibility study in May 2015 that evaluated treatment technologies for treating the Jennings Well water for potable use. In the study, the City evaluated non-treatment and treatment alternatives, including well destruction coupled with bulk water delivery, filtration through an iron-based sorbent (e.g., Greensand), and filtration through a point-of-entry (POE) RO treatment system. Due to the source water’s high TDS, conductivity, and salinity, and the low water demand, the POE RO system was found to be the most cost-effective, feasible alternative and was recommended for meeting the treatment objectives.

In addition to the RO system, a water softening system is recommended to remove soluble manganese from upstream of the RO system, as the manganese can cause fouling of the RO membranes. Water softening is an ion exchange process that can be effective for removal of manganese in its unprecipitated form. The manganese should not be exposed to oxygen (in air) or other oxidizers (e.g., sodium hypochlorite) that promote precipitation of manganese. The pH of the water should be low (<~8 pH) to prevent precipitation prior to treatment through the water softener. Waters with high TDS (>500 mg/L) often contain other minerals that will compete with the manganese for adsorption on the softener resin. While the Jennings Well water has high TDS, the concentrations of competing constituents are relatively low, based on the available Jennings Well water quality data.

The existing well facilities include a submersible 25-gpm capacity well pump that pumps the groundwater into a 5,000-gallon water storage tank. The water flows from the water storage tank into the booster pump station suction pipeline. The booster pump station delivers the water into the 500-gallon hydropneumatic tank or directly into the water distribution system. A bypass pipeline allows the pumped groundwater from the well to bypass the water storage tank and flow directly into the booster pump station suction pipeline if needed. Sodium hypochlorite is added upstream of the water storage tank and existing bypass connection.

The proposed water softener and RO systems would be constructed downstream of the well pump discharge and upstream of the chlorine addition point. A hydropneumatic (bladder) tank would be provided between the well pump and softening system to allow independent operation of the well pump and RO feed pump. The existing submersible well pump would need to be replaced with a higher lift pump that can maintain sufficient suction pressure for the RO feed pump considering a loss of approximately 15 pounds per square inch (psi) through the water softener. Figure 3 shows a flow schematic of the proposed treatment process.
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Figure 3. Jennings Well Treatment System Process Flow Schematic It should be noted that sodium hypochlorite should be added only at a location downstream of the RO system. Sodium hypochlorite reacts with soluble manganese to form manganese dioxide. If sodium hypochlorite is added upstream of the treatment processes, the manganese dioxide formed would clog the water softeners and foul the RO membranes. Additionally, the RO membranes are not resistant to chlorine, and the hypochlorite ions would damage the membranes.

Treatment System Conceptual Design
A raw water hydropneumatic tank would be provided to control the well pump independent of the RO feed pump operation, since the pumps have differing capacities. The well pump would be replaced with a higher lift pump that can deliver water into the raw water hydropneumatic tank and would be started and stopped based on the tank pressure. When both the well pump and RO feed pump are running, a portion of the well pump discharge would flow to the RO system (via the water softener), and the remainder would fill the hydropneumatic tank. If the RO feed pump is off, the well pump would just fill the hydropneumatic tank until the well pump is shut off by the tank’s high pressure setpoint.

The proposed water softener system is a dual unit system with a maximum flow-through capacity of 12.9 gpm, each. The water softeners undergo periodic backwash and regeneration and require a drain connection. The dual units would alternate operation to allow continued operation when one unit is in backwash/regeneration mode. The system includes a brine tank that stores the salt and saline solution used for regeneration of the water softener resin.

The proposed packaged RO system includes an RO feed pump, cartridge filter, and five RO modules mounted on a skid. The RO unit has a production capacity of 6.3 gpm and can achieve 75 percent recovery. A single unit can be installed initially, and a second unit could be installed if a higher treatment capacity is needed. Two RO units would be needed to meet the projected average annual demand of 8.4 gpm and maximum monthly demands of 10.6 gpm. Each unit requires a drain connection for the disposal of the concentrate waste stream. The concentrate waste stream will be a continuous flow (when the RO unit is operating) at 2.1 gpm from each unit. #11..
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The treatment system design criteria are summarized in Table 4 below. The vendor product data sheets are included in Attachment A.

Figure 4 shows a proposed layout for the equipment that includes space for a second RO unit. The equipment is shown on a concrete pad and under a canopy. The RO unit requires protection from moisture and sunlight so providing a canopy over the treatment equipment is recommended. The height of the canopy should be set to provide at least 45 inches of clearance above the 53-inch tall RO unit for adequate space to service and replace the RO modules.

It is assumed that there is a nearby connection for discharging the softener spent backwash and regeneration water and the RO concentrate. A drain pipeline would be installed to convey the waste streams to the discharge point.

Table 4. Jennings Well Treatment System Design Criteria Item Units Design Value
Submersible Well Pump
No. of Pumps no. 1
Capacity gallons 25
Total Dynamic Head feet 125
Hydropneumatic Tank
No. of Units no. 1
Capacity gallons 370
Operating Capacity gallons 75
Operating Pressure Range psi 20 - 30
Water Softener System
Softener Unit
No. of Units no. 2
Resin Quantity cubic feet 3.0
Flow Rate @ 15 psi Drop, Each gpm 12.8
Brine Tank
No. of Units no. 1
Brine Tank Capacity pounds 600
Brine Tank Diameter inches 24
RO System
No. of Units no. 1 initially, 2 at buildout
Capacity, Each gpm 6.3
Recovery % 75
No. of RO Modules no. 5
Module Size inches 4
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BRINE TANK DUAL WATER SOFTENER UNITS CONCRETE EQUIPMENT PAD CANOPY RO UNIT (F) RO UNIT 5' 10' (E) 5,000 GALLON WATER STORAGE TANK (E) WELL RAW WATER HYDROPNEUMATIC TANK \\PLS-FS1\Pleasanton\Clients\418 City of Modesto\12-17-46 Hydraulic Modeling\CAD\Figures\Jennings Well Treatment Process Schematic.dwg 3/23/2020 2:23 PM akondo N City of Modesto Jennings Well Facilities and Treatment Evaluation Jennings Well Treatment Equipment Layout Figure 4
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Treatment System Controls
Proposed control strategies for the Jennings Well treatment system are as follows:
• Well Pump Operation: The well pump would be controlled based on the pressure in the raw water hydropneumatic tank. The raw water hydropneumatic tank would be equipped with high pressure, low pressure, and low-low pressure switches. The well pump would automatically turn on when the low-pressure switch is activated and turn off when the high-pressure switch is activated.
• Water Softener Operation: The water softener system is a flow-through process.

The flow rate through the softener would be controlled by the RO feed pump that draws water from the well pump discharge or raw water hydropneumatic tank, through the water softener unit, to the RO unit. The water softeners are equipped with controllers that will automatically alternate operation of the two units; the controller will automatically start backwash/regeneration of the operating unit when it has treated a setpoint volume and will divert flow to the standby unit. • RO Feed Pump Operation: The RO feed pump would be level controlled based on the level in the 5,000-gallon water tank. The 5,000-gallon water tank would be equipped with high level, low level, and low-low level switches. The RO feed pump would automatically turn on when the low-level switch in the 5,000-gallon water tank is activated and turn off when the high-level switch is activated. The RO feed pump would also be interlocked to automatically shut down if the low-low pressure switch in the raw water hydropneumatic tank is activated. The RO feed pump would be operated at a constant speed.
• Sodium Hypochlorite Feed Operation: Sodium hypochlorite is added downstream of the RO unit, before the water enters the 5,000-gallon water tank. Since the RO feed pump will be operated at a constant speed, automatic flow pacing of the sodium hypochlorite feed is not needed; the sodium hypochlorite feed rate can be set to provide the desired dose based on the RO feed pump flow rate and should not require frequent adjustment. However, the sodium hypochlorite metering pump should be started and stopped when the RO feed pump is started and stopped. This can be accomplished using a flow switch or electrical interlock.

In addition to the automatic controls described above, incorporating potable water treatment system alarms into the City’s SCADA system to alert operators of high pressure, overflow, or failed conditions is recommended.

Air Filter for Potable Water Tank
The existing 5,000-gallon water tank has a 3-inch gooseneck vent with a mesh screen. Installation of an air filter on the vent connection is recommended to help mitigate airborne contaminants entering the vent and contaminating the potable water in the tank.

The air filter should be sized to accommodate an air flow capacity equivalent to the maximum inflow/outflow rate from the tank. Although unlikely, it is possible for all three booster pumps to be operated simultaneously at their maximum capacities. Therefore, the air filter should be sized for combined maximum outflow capacity of 295 gpm, or 39.4 cubic feet per minute. #11..
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The Donaldson P-BE 0072 housing unit with a P-SRF V 10/30 filter element can be installed on the 3-inch flanged connection at the top of the tank, in place of the existing gooseneck vent. A flange-to-tri-clamp adapter would be needed to attach the housing unit to the tank. Product data sheets for the filter element and housing unit are included in Attachment B. Total material cost for the housing unit, filter element, and adapter is approximately $4,000.

DISTRIBUTION SYSTEM EVALUATION
West Yost reviewed the capacity of the existing Jennings booster pump station and distribution system to evaluate their ability to serve projected demands. Results from this evaluation are presented in the following sections.

Jennings Booster Pump Station
Currently, the Jennings booster pump station consists of one jockey pump with a nominal capacity of 10 gpm and two larger pumps, each with a nominal capacity of 50 gpm, providing a total capacity of approximately 110 gpm. Given the estimated maximum existing and projected demand flow of 10.6 gpm, as discussed above, the capacity of the booster pump station with only one large pump running is enough to meet anticipated demands.

It is worth noting that during the site walk, City staff reported that the larger 50 gpm pump is used more frequently. It is recommended that the smaller jockey pump be operated prior to the larger 50 gpm pump so that higher energy efficiency is realized at the pump station.

Jennings Distribution System
To evaluate the ability of the distribution system to provide adequate pressures at existing and future demand locations, West Yost developed a spreadsheet hydraulic model to calculate estimated head losses and determine resulting demand location service pressures. Demands in the spreadsheet model were roughly allocated along the different branches and were subsequently scaled such that the overall system demand was 110 gpm, or the total capacity of the existing Jennings booster pump station. This condition, however, is highly unlikely. In addition, it was assumed that the existing non-potable fire system would meet all fire demands in the future; thus, the only peak demand condition evaluation was the overall system demand of 110 gpm.

The Jennings booster pump station is controlled by the hydropneumatic tank and turns on and off to maintain pressures in the hydropneumatic tank between 40 and 60 psi (rated capacity of 45 to 65 psi). Although, the booster pump station develops a 175-foot TDH resulting in a discharge pressure of 75 psi, for the purposes of this evaluation it was assumed that the normal operating pressure of the Jennings distribution system is 50 psi. The analysis was conducted assuming a new 4-inch diameter pipeline was extended to the composting facility (approximately 2,100 linear feet) to serve future projected composting facilities demand.

Based on the results from the spreadsheet hydraulic model, the maximum head loss across the system at a 110 gpm demand condition is estimated to be 6 feet or about a 3 psi pressure drop.

There is an existing in-line backflow preventer serving the tertiary buildings. There is an estimated 14 feet of head loss (6 psi pressure drop) associated at this location. This localized loss is quite large, however pressures downstream of this location are approximately 40 psi. #11..
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Based on the results of the evaluation, there is sufficient capacity in the distribution system to convey peak flows. It is recommended, however, that the Jennings booster pump station be operated such that the pressure in the hydropneumatic tank be kept at or above 50 psi at all times, to ensure that pressure at the tertiary buildings be maintained above 40 psi.

CONCEPTUAL LEVEL CAPITAL COSTS
The opinion of probable construction cost (OPCC) for the treatment system and pipeline improvements discussed in the previous sections is summarized in Table 5. Costs were developed using budgetary quotes from vendors, cost data from similar projects, and R.S. Means Data Online.

As discussed in the Treatment System Evaluation, the OPCC assumes installation of two RO units and includes connecting the existing system alarms and run status to the WWTP SCADA system.

Costs for connection to the SCADA system were estimated as a percentage of the project cost, and a more detailed investigation will be required during the design phase to confirm costs. As discussed in the Distribution System Evaluation, approximately 2,100 lineal feet of 4-inch diameter pipeline is assumed to be extended to the Composting Facility so that it can be served by the Jennings Well.

These OPCC estimates are presented separately in Table 5 since the pipeline improvements do not improve water quality. The OPCC applies the following taxes and contingencies:
• 7.875 percent sales tax on materials
• 25 percent indirect construction cost contingency (general conditions, contractor overhead and profit)
• 20 percent estimating contingency
It should be noted that costs presented in Table 5 do not include implementation costs associated with preparation of design documents (plans and specifications), engineering services during construction, construction management, or any City incurred costs (CEQA, etc.) to implement the improvements.

The estimated annual O&M cost is summarized in Table 6. The O&M cost was estimated for the new equipment only and is based on the following assumptions:
• Five hours per week of labor to operate and maintain the treatment system. • Labor cost of $60/hour, including benefits.
• Water production 365 days per year to supply average daily demand of 12,100 gpd (or 8.4 gpm).
• Softener regeneration for every 3,500 gallons of water treated. Cost per 45-pound bag of salt is $10.79 and includes delivery and labor to load brine tank. • Cartridge filter replacement four times per year. Material cost per filter is $23. • Replacement of all five RO membrane modules once every five years. Material cost per RO module is $800.
• RO feed pump replacement once every seven years. Pump replacement cost is estimated to be $1,200.
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Table 5. Conceptual Level OPCC for Jennings Well Improvements(a) Element Element Cost, $
Water Quality Improvements
Site Work, Concrete, and Structures $25,000
Treatment System $71,000
Tank Vent Air Filter $4,000
Electrical, Instrumentation, & SCADA(b) $28,000
Subtotal Construction Cost $128,000
Sales Tax on Materials (7.875%) $6,000
Subtotal $134,000
General Conditions, Overhead & Profit (25%) $34,000
Subtotal $168,000
Estimating Contingency (20%) $34,000
Total Capital Cost – Water Quality Improvements $202,000 Pipeline Improvements
Water Pipeline (to Compost Facility) $158,000
Subtotal Construction Cost $158,000
Sales Tax on Materials (7.875%) $6,000
Subtotal $164,000
General Conditions, Overhead & Profit (25%) $41,000
Subtotal $205,000
Estimating Contingency (20%) $41,000
Total Capital Cost – Pipeline Improvements $246,000
Total Capital Cost – Water Quality and Pipeline
Improvements $448,000
(a) Conceptual-level (Class IV) cost estimates are intended to be between -30 percent and +50 percent of actual costs. (b) Electrical, instrumentation, and SCADA costs were estimated as a percentage (40%) of the equipment and mechanical cost and rounded to nearest $1,000.

Table 6. Estimate of Annual O&M Cost for Jennings Well Treatment System O&M Cost Component Component Cost, $
Labor $15,600
Energy Use $1,300
Softener Salt Replacement $13,600
Maintenance Materials $1,300
Total Annual O&M Cost $31,800
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SUMMARY OF FINDINGS AND CONCLUSIONS
Recommendations from each evaluation are summarized below. As described in the previous sections, the existing well has sufficient capacity to meet existing and projected maximum daily demands. Though water quality from the existing well does not meet all secondary MCLs, it is not expected that modification or complete replacement of the existing well would result in significant improvement to water quality that would not require treatment. Therefore, to meet all secondary MCLs, treatment is recommended, and treatment improvement capital costs are estimated to be $202,000. The O&M of the treatment system is estimated to increase annual operations and maintenance costs by approximately $31,800. Pipeline improvement capital costs to extend water service to the Composting Facility are estimated to be $246,000.

The opinion of probable construction cost for both water quality and pipeline improvements are estimated to be $448,000. As noted above, pipeline improvement capital costs account for 55 percent of the overall improvement cost. Costs associated with the pipeline improvements were provided to inform the City of the overall estimated cost of the recommended project. In addition, it is recommended that the City perform additional water quality testing of Title 22 primary and secondary water quality constituents. Comprehensive water quality testing on the Jennings well was last performed in 2013, and although concentrations are not expected to change much from 2013 conditions, water quality should be confirmed prior to proceeding with detailed design. • Demand Projections: Projected buildout average daily demand is estimated to be 12,000 gpd, or approximately 8.4 gpm. Projected buildout maximum monthly demand is estimated to be 15,300 gpd, or approximately 10.6 gpm. • Groundwater Evaluation: The existing Jennings Well pump capacity is 25 gpm.

Implementation of an RO treatment system results in a waste rate of 25 percent (i.e., 75 percent recovery rate) and the water softener will need periodic backflushing.

These two sources of water loss result in a supply capacity reduction to approximately 17 to 18 gpm. However, even with this reduction of supply capacity, there is still sufficient supply capacity to meet future demands. Modification or replacement of the existing well is not likely to result in significant water quality improvements and is therefore not recommended.
• Treatment Evaluation: The recommended improvements to the potable water treatment system include installation of a new well pump (25 gpm @ 125 feet TDH), a 370-gallon raw water hydropneumatic tank, a dual-softener system, and a packaged RO system upstream of the sodium hypochlorite injection point. The conceptual level opinion of probable construction cost for the treatment system is $202,000, and the annual operating and maintenance cost is estimated to be $31,800. • Distribution System Evaluation: The existing Jennings pump station has sufficient capacity to meet future peak demands. It is recommended, however, that the smaller 10 gpm jockey pump be operated prior to the larger 50 gpm pump so that higher energy efficiency is realized at the pumping station. Overall, the existing distribution system is sufficient to convey future peak flows. The evaluation assumed that approximately 2,100 lineal feet of 4-inch diameter pipeline would be extended to the City’s Composting Facility (replacing the need for trucked water service). #11..
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ATTACHMENT A
Well Pump and Treatment Equipment Product Data Sheets
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Product introduction
SP 1
3 1. Product introduction
Introduction
The Grundfos SP range of submersible pumps is
renowned for high efficiency and reliability. Made
entirely of corrosion resistant stainless steel, SP
pumps are ideal for a wide variety of applications.

Grundfos SP pumps represent state-of-the-art
hydraulic design. Built to deliver optimum efficiency
during periods of high demand, SP pumps provide low
long-term costs and high operating reliability
regardless of the application.

The SP range offers high efficiency, high resistance to sand and other abrasives, motor burnout protection,
and easy maintenance. A complete monitoring and
control system is available for constant optimization of the pumping system.

Fig. 1 Grundfos SP pumps
Applications
Grundfos Large SP submersible pumps are suitable
for:
• Groundwater supply to waterworks
• Irrigation in horticulture and agriculture
• Groundwater lowering (dewatering)
• Pressure boosting
• Industrial applications
• Domestic water supply.

Pumped liquids
Grundfos SP pumps are suitable for pumping clean,
thin, non-aggressive liquids without solid particles or fibers.

SP offers stainless steel construction which ensures
good wear resistance and a reduced risk of corrosion
where the water has minor chloride content.

Optional, upgraded stainless steel construction is
available for pumping more aggressive liquids:

A complete range of zinc anodes for cathodic
protection is available; see p. 97 for applications
(for example, sea water applications).

For slightly polluted liquids (for example, containing
oil), Grundfos offers a complete range of stainless
steel SP NE pumps with all rubber parts made of FKM.

Features and benefits
Grundfos SP submersible pumps offer these features
and benefits:
• State-of-the-art hydraulics provide high efficiency
and low operating costs
• 100 % stainless steel components inside and
outside for long service life
• Sand resistant
• Resistant to aggressive water
• Motor burnout protection via CU 301
• Dry-running protection
• Monitoring, protection and communication via
protection unit MP204, and remote control, R100.

TM05 0051 0611
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Curve charts and technical data
SP 6
29 25S (25 gpm)
Notes:

Control box is required for 3-wire, single-phase applications. Data does not include control box.

DS designation = Built into sleeve, 1-1/2" NPT, 6" minimum well diameter. ■ MS402 motor.
● MS4000 motor.
▲ MS6 motor.
∧ MMS6000 motor.
★ MMS8000 motor.
♦ Takes MS6 motor; not available as complete.
☼ Takes MMS6000 motor; not available as complete.
* Takes MMS8000 motor; not available as complete.
† Takes MMS10000 motor; not available as complete.

Pump
model
Nom.
head
[ft]
Ph Volts
[V]
Motor
[Hp]
Dimensions Net
weight
(complete)
[lb]
25S
ABCDE
TM00 8521 3196
[in (mm)] [in (mm)] [in (mm)] [in (mm)] [in (mm)]
25S, motor dia. 4 inch, 2 wire motor, 60 Hz - rated flow 25 gpm (1.5" NPT) 25S05-3 60 1
115 .5 ■ 19.61 (498) 11.03 (280) 8.59 (218) 3.74 (95) 3.97 (101) 21.6 230 .5 ■ 19.61 (498) 11.03 (280) 8.59 (218) 3.74 (95) 3.97 (101) 21.6 25S07-5 99 1 230 .75 ■ 21.86 (555) 11.62 (295) 10.24 (260) 3.74 (95) 3.97 (101) 23.4 25S10-7 139 1 230 1 ■ 24.10 (612) 12.21 (310) 11.89 (302) 3.74 (95) 3.97 (101) 25.2 25S15-9 179 1 230 1.5 ■ 27.25 (692) 13.71 (348) 13.55 (344) 3.74 (95) 3.97 (101) 28.8 25S, motor dia. 4 inch, 3 wire motor, 60 Hz - rated flow 25 gpm (1.5" NPT) 25S05-3 60 1
115 .5 ■ 19.61 (498) 11.03 (280) 8.59 (218) 3.74 (95) 3.97 (101) 21.6 230 .5 ■ 19.61 (498) 11.03 (280) 8.59 (218) 3.74 (95) 3.97 (101) 21.6 25S07-5 99 1 230 .75 ■ 21.86 (555) 11.62 (295) 10.24 (260) 3.74 (95) 3.97 (101) 23.4 25S10-7 139 1 230 1 ■ 24.10 (612) 12.21 (310) 11.89 (302) 3.74 (95) 3.97 (101) 25.2 25S15-9 179
1 230 1.5 ■ 27.25 (692) 13.71 (348) 13.55 (344) 3.74 (95) 3.97 (101) 29.7 3 230 1.5 ■ 25.75 (654) 12.21 (310) 13.55 (344) 3.74 (95) 3.97 (101) 27.0 460 1.5 ■ 25.75 (654) 12.21 (310) 13.55 (344) 3.74 (95) 3.97 (101) 28.8 25S20-11 219
1 230 2 ● 34.69 (881) 19.49 (495) 15.20 (386) 3.74 (95) 3.97 (101) 33.1 E = Maximum diameter of pump
including cable guard and motor. 3
230 2 ■ 28.90 (734) 13.71 (348) 15.20 (386) 3.74 (95) 3.97 (101) 37.0 460 2 ■ 28.90 (734) 13.71 (348) 15.20 (386) 3.74 (95) 3.97 (101) 33.3 25S30-15 298
1 230 3 ● 41.11 (1044) 22.60 (574) 18.51 (470) 3.74 (95) 3.97 (101) 61.2 3 230 3 ● 36.50 (927) 18.00 (457) 18.51 (470) 3.74 (95) 3.97 (101) 53.1 460 3 ● 36.50 (927) 18.00 (457) 18.51 (470) 3.74 (95) 3.97 (101) 53.1 25S50-26 517
1 230 5 ● 54.22 (1377) 26.62 (676) 27.60 (701) 3.74 (95) 3.97 (101) 72.9 3 230 5 ● 50.32 (1278) 22.72 (577) 27.60 (701) 3.74 (95) 3.97 (101) 72.9 460 5 ● 50.32 (1278) 22.72 (577) 27.60 (701) 3.74 (95) 3.97 (101) 72.9 SP 25S, motor dia. 6 inch, 3 wire motor, 60 Hz - rated flow 25 gpm (1.5" NPT) 25S75-39DS 775 3
230 7.5 ▲ 64.81 (1646) 22.25 (565) 42.56 (1081) 5.63 (143) 5.43 (138) 122.1 460 7.5 ▲ 64.81 (1646) 22.25 (565) 42.56 (1081) 5.63 (143) 5.43 (138) 122.1 25S100-52DS 1034 3 460 10 ▲ 88.71 (2253) 23.23 (590) 65.48 (1663) 5.63 (143) 5.51 (140) 163.1 A
B
C
E
D
Rp 1 NPT
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The High Efficiency (HE) Twin softener with patented technology delivers improved efficiency to reduce operating costs. The HE Twin softener reduces hard water contaminants*, reducing scale build-up that affect equipment performance.

The HE Twin configuration consists of two independent mineral tanks, which provide a continuous flow of soft water 24 hours a day. With the Culligan® Smart Controller, available on the HE Twin, the softener regenerates based on need. Customers can also monitor their water treatment system performance, consumable usage, and maintenance needs, at a single site or across multiple ones 24 hours a day.

The HE Twin softener is part of the Culligan® Commercial & Industrial Solutions that combine durable and efficient equipment, systems experience, and technical experts who understand your unique requirements. From planning your system to installing your water treatment equipment, Culligan® offer options that help deliver the quality of water to meet your needs. Contact Culligan® today to learn more about the HE Twin softener system.

CULLIGAN ADVANTAGES:
• Simple System Integration
• Global Product Platform
• Flexible Configurations
• Quick Delivery / Easy Installation
• Exclusive Culligan Advanced Electronics
- Historical Operating Data
- Alarm Recognitions
- US Standard and Metric Readings
- Remote Monitoring Options
- Telemetry Options
• National Network of Local Water Experts

WATER SOFTENER SYSTEM
The Culligan® High Efficiency (HE) Twin Series
A Continuous Flow of Soft Water with a Smart Choice.

PRE-TREATMENT SOLUTIONS.
*Contaminants may not necessarily be in your water.

Clinics
Educational Facilities
Energy / Power
Food / Beverage Production
Food Service / Restaurants
Grocery / Retail
Healthcare / Hospitals / Bio-Pharmaceutical
Hospitality / Lodging
Manufacturing
Municipal Drinking Water
Oil / Gas
Apartment / Office Buildings
Car Washes
Light Industry
Markets Served:
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System Specifications
Specification US Metric
Pipe Size, All Units 1.0”
Maximum Operating
Pressure 20–125 psig 135–860 kPa
Power
Voltage
Frequency
Phase
24 50/60 Hz1
Feed Water Temperature 33–120° F 0-48° C
Power Consumption 8.4/21.6 Watts
Vacuum None2
Turbidity 5 NTU, max.3
Chlorine 1 mg/L, max.3
Iron 5 mg/L
HE Water Softener System
Model Resin Quantity
(ft3
/L)
Continuous Flow
Rate (gpm/lpm)
@15 psi drop*
System Dimensions** (in/mm)

A B C D E F
9”

1.0 10.8 56 48 9 18” 375lb Brine Tank 43 35

28.3 40.8 1,422 1,219 229 457mm - 170kg Brine Tank 1,092 889 10”

1.5 11.0 62 54 10 18” 375lb Brine Tank 43 35

42.5 41.6 1,575 1,372 254 457mm - 170kg Brine Tank 1,092 889 12”

2.0 12.6 60 52 11 18” 375lb Brine Tank 43 35

56.6 47.7 1,524 1,321 279 457mm - 170kg Brine Tank 1,092 889 14”

3.0 12.8 73 65 12 24” 600lb Brine Tank 42 35
85 48.5 1,854 1,651 305 610mm - 272kg Brine Tank 1,067 889 Standard Features
• Alternating Twin Tank Design — allows
for a continuous supply of softened water
• Culligan’s Smart Controller – More
control over your equipment with
programming and monitoring capabilities
typically found in more expensive PLC
controls a variety of add-on options
for advanced instrumentation and
communication let you easily customize
the system to help meet your needs
• Built-in Soft-Minder® flow meter
• Telemetric Capability
• Corrosion Resistant Positive Motor-Driven
Regeneration Valve – Motor driven piston
is reliable under server water conditions,
resists dirt, iron and turbidity
• High-impact Quadra-Hull® Tank stands up
to outdoor use with a four-layer design
that resists UV rays, rust and corrosion
with limited lifetime warranty
• Under-drain design enhances softening
capacity and reduces pressure loss
• Multi-Poppet Design – Allows for easy
service and increases durability and
valve life
• Electronic By-Pass - The softener can
be by-passed electronically either from
the unit or from the remote monitor and
automatically goes back into service after
a pre-set time.
• Tested and certified by WQA against
NSF/ANSI 44, 61 & 372 Material Safety
Standards and CSA B483.1 requirements
• The Control Enclosure complies with UL
50/50E and UL 746C standards for a
NEMA 3R Enclosure Rating
• Long-lasting brine tank and Dubl-Safe™
brine refill control assure proper
operation
Examples of Softener Applications
• RO / DI Pretreatment
• Apartment buildings, assisted living
facilities and hotels — Quality water for
laundry, dishwashers, boilers
• Office buildings — For heating plant
pretreatment, tenant convenience,
general housekeeping
• Restaurants — For dishwashing,
cleaning material savings,
scale reduction
• Car washes — Quality results, detergent
and water heating savings, scale
reduction
• Grocery / Retail — Quality water for
aesthetics and help extend
equipment life
• Light industry — For process and
make-up water, boiler and cooling
system pretreatment, general
housekeeping
Optional Features & Accessories
• Proportional brining allows your
softener to only regenerate that
part of the resin bed that has been
exhausted, which reduces salt
usage
• Culligan’s patented Aqua-Sensor®
technology automatically adjusts
to changes in water conditions so
the softener only regenerates
when needed, saving salt, water
and money
• Remote display makes it possible
to control and monitor the
softener from another part of the
building
• Cell modems can put your Culligan
dealership on notice of the
softener needs servicing
• Skid-mounted systems available
• Configurable for RS232, RS485,
Modbus PLC Output, BACnet and
Profibus
Warranty
Culligan’s HE water softeners are backed by
a limited 1-year warranty against defects,
materials, workmanship, and corrosion. The
Quadra-Hull® media tank has limited lifetime
warranty. See printed warranty for details.†
Some localities have corrosive water. A
softener cannot correct this condition, so
its printed warranty disclaims liability for
corrosion of plumbing lines, fixtures, or waterusing equipment. If you suspect corrosion, your independently operated Culligan® dealer
has equipment to help control the problem.
† See printed warranty for details. Culligan® will provide a copy of the warranty upon request.
*Flow rate are shown per tank.
**Approximate dimension for all models from the wall to front of controller is 20”.

Low flow channeling (flow rates less than 0.5 gallons per minute per cubic foot of resin) may cause hardness leakage into effluent. 1 120 Volt/24 Volt CUL/UL listed Transformer Included.
2 Tank warranty is void if subject to vacuum.
3 See media specification for details.

SYSTEM SPECIFICATIONS
©2016 Culligan International Company Part No. 46800
All trademarks used herein are registered trademarks of Culligan International Company.

Products manufactured or marketed by Culligan and its affiliates are protected by patents issued or pending in the United States and other countries.

Culligan reserves the right to change the specifications referred to in this literature at any time, without prior notice.

A B C D E
F
For 80 years, Culligan® has made better water. Our global network, comprised of 800+ dealers and international licensees in over 90 countries, is dedicated to addressing your water-related problems. As a worldwide leader in water treatment, our sales representatives and service technicians are familiar with the local water conditions in your area. Being global and local position us to deliver customized solutions to commercial and industrial water issues that affect your business and your bottom line. www.culligan.com • 866-787-4293 #11..
- 183 -
E2-3 Plus shown
The E2 Reverse Osmosis System is an economical water treatment solution, which reduces operating and post treatment costs. The E2 Reverse Osmosis system helps you reduce maintenance costs by reducing contaminants* from your water that affect taste and clog equipment. Control your installation costs by using a system configured for your unique needs. Keep your operating costs low with an easy-to-use electronic controller.

The E2 RO is part of the Culligan®
Commercial and Industrial Solutions that
combine durable and efficient equipment, systems experience, and technical experts who understand your unique requirements. From planning your system to installing your water treatment equipment, Culligan® Commercial and Industrial
Solutions offer options that help deliver the quality of water to meet your needs.

Consult with a Culligan®
representative to create your solution.

CULLIGAN® COMMERCIAL AND INDUSTRIAL SOLUTIONS ADVANTAGES:
• Simple System Integration
• Global Product Platform
• Flexible Configurations
• Quick Delivery / Easy Installation
• Culligan®
CP+ Controller

REVERSE OSMOSIS SYSTEM
The Culligan® E2 Series
Effective water treatment that is easy to manage.

MEMBRANE SOLUTIONS.
*Contaminants may not necessarily be in your water.

Agriculture
Assisted Living
Automotive
Bio-Pharmaceutical
Botanicals
Bottled Water Plants
Casinos
Chemical Processing
Commercial Buildings
Dairies
Educational Facilities
Energy / Power / Cogeneration
Electronics
Government
Grocery
Food / Beverage
Health Clubs
Hotels / Lodging
Hospitals / Healthcare
Ink / Dye Production
Laboratories
Laundry
Manufacturing
Marine
Military
Multi-Unit Housing
Municipalities
Plating / Coating
Printing
Pulp / Paper
Oil / Petroleum / Gas
Textile
Theme Parks
Universities
Vehicle Wash
Markets Served:
#11..
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www.culligan.com • 866-787-4293
Specification US Metric
Inlet Pressure (dynamic) 20-50 psig 1.4 – 3.5 bar
Operating Pressure, max. 120–150 psig 8.2 – 10.3 bar
Power
Voltage
Frequency
Phase
208-230
60 Hz
1 Feed Water Temperature 33–100° F 1-40° C
Turbidity, max. < 1 NTU < 1 NTU
pH Range 3 – 11 3 – 11
Chlorine, max. 0 mg/l 0 mg/l
Total Dissolved Solids,
max. 2500 mg/l 2500 mg/l
Silt Density Index
Well Water
Surface
Water
< 3
< 5
< 3
< 5
Iron, max. < 0.1 mg/l < 0.1 mg/l
Salt Rejection, nominal > 98 % > 98 %
Product Water
Hardness
< 1% Raw
Hardness
< 1% Raw
Hardness
Optional Features & Accessories
• Multi-Stage Pretreatment Filters
• Storage Tanks
• Level Controls
• Chemical Feed Pumps
• Ultraviolet Sterilization
• Pressurized Storage System
• Global Power Platform
• Additional Customization
Available on request
• Auto Shut Down on High Product TDS
E2 Plus Reverse Osmosis System
Model Nominal Capacity* (gpm/lpm) Nominal Capacity* (gpd/m3/h) Module Qty & Size Nominal System Recovery (%)
Motor

HP - KW
Power Req’d
( VAC) Dimension L x W x H (in – mm)
E2-2

2.8 4000
(2), 4”x40” 50
1 230V/60/1
26 x 29 x 53

10.6 15140 0.75 660 x 737 x 1346
E2-3
4 5800
(3), 4”x40” 60
1 230V/60/1
26 x 29 x 53

15.14 21953 0.75 660 x 737 x 1346
E2-4

5.2 7500
(4), 4”x40” 60
1 230V/60/1
26 x 29 x 53

19.68 28388 0.75 660 x 737 x 1346
E2-5

6.3 9000
(5), 4”x40” 75
1 230V/60/1
26 x 29 x 53

23.85 34065 0.75 660 x 737 x 1346
E2-6

6.9 10000
(6), 4”x40” 75
1 230V/60/1
26 x 29 x 53

26.12 37850 0.75 660 x 737 x 1346
Standard Features
• Painted Steel Frame Design
• Energy Efficient Multi-stage Stainless
Steel Pump
• FRP Membrane Housings
• Inlet Solenoid Valve
• Pretreatment Sediment Filter
• Concentrate and Recirculation
Throttling Valves
• Pressure Gauge
• Rotameter Style Flow Meters
• Culligan®
CP+ Control Panel
- Level Control Input
- Pretreatment Lockout
- Startup Flush/Timed Flush
- Low Pressure Auto-Restart
- Indicator Lights

SYSTEM SPECIFICATIONS
Examples of RO Applications
• Ice Production / Drinking Water
(Reduces scaling, improves taste and clarity)
• Steam Production
(Reduces scaling and maintenance)
• Humidification
(Reduces scaling and dusting)
• Misting
(Reduces scaling, improves taste and clarity)
• Pretreatment for High Purity Systems
(Reduces regeneration requirements)
• Reclaim / Recycling
(Water conservation)
• Boiler and cooling towers
(Improves energy, reduces chemical
consumption)
• Washing and Rinsing
(Improves performance, spot-free rinses0
• Brackish water potabilization
1Nominal initial capacity based on properly pretreated feed water of 500 ppm TDS, temperature of 77° F (25° C), Silt Density Index below 3.0 and an applied pressure of 140 psi. Productivity will vary depending on other feed water conditions. ©2016 Culligan International Company Part No. 34924
For over 80 years, Culligan® has made better water. Our global network, comprised of 800+ dealers and international licensees in over 90 countries, is dedicated to addressing your water-related problems. As a worldwide leader in water treatment, our sales representatives and service technicians are familiar with the local water conditions in your area. Being global and local position us to deliver customized solutions to commercial and industrial water issues that affect your business and your bottom line.

All trademarks used herein are registered trademarks of Culligan International Company.

Products manufactured or marketed by Culligan and its affiliates are protected by patents issued or pending in the United States and other countries.

Culligan reserves the right to change the specifications referred to in this literature at any time, without prior notice. #11..
- 185 -
#11..
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ATTACHMENT B
Tank Vent Filter Product Data Sheets
#11..
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Compressed Air & Process Filtration
P-BE

TANK VENT FILTER HOUSINGS
Process Filtration

MATERIALS
Filter Housings
Models 0006-0192:316L SS standard
(304 SS optional)
Models 0432-1920:304 SS standard
(316L SS optional)
Attachment Parts 304 SS

SURFACE FINISH
All Models Polished to Ra 63

MAXIMUM OPERATING TEMPERATURE
390°F

CONNECTION TYPES
Models 0006-0192 Tri-Clamp®** Connection
Models 0432-1920 ANSI Flange
Filter housings for out breathing and make-up air
filtration on sterile storage tanks or transport vessels.

Donaldson® P-BE vent filter housings are developed
for sterile ventilation of stationary and mobile storage tanks used in food, beverage, pharmaceutical, chemical
and other industries.

The P-BE tank vent filter is available in 12 sizes
with flow rates ranging from 1 to 1,200 cfm
(at ambient pressure).

CHOOSE THE FILTER TO SUIT

YOUR APPLICATION
The P-BE vent filter housings are usually used in
conjunction with our P-SRF N process sterile air filter element to ensure sterile ventilation with
very little pressure drop or air resistance. It can
also be used with other filter elements, such as
Teflon®* membrane or pleated stainless steel, to meet
your specific requirements.

P-BE
* Teflon is a registered trademark of E. I. du Pont de Nemours and Company or its affiliates **Tri-Clamp is a registered trademark of Ladish Company #11..
- 188 -
Donaldson Company, Inc.

Process Filtration
PO Box 1299
Minneapolis, MN
55440-1299 U.S.A.

Tel 800-543-3634 (USA)
Tel 800-343-3639 (within Mexico)
Fax 952-885-4791
[email protected]
donaldsonprocessfilters.com
F117009 (04/17) ENG P-BE Tank Vent Filter Housings
© 2007 Donaldson Co., Inc. All Rights Reserved. Information in the document is subject to change without notice. {Contains Donaldson proprietary technology.}

P-BE TANK VENT FILTER HOUSINGS
Quality Management System
ISO
9001:2008
Registered:

Important Notice
Many factors beyond the control of Donaldson can affect the use and performance of Donaldson products in a particular application, including the conditions under which the product is used. Since these factors are uniquely within the user's knowledge and control, it is essential the user evaluate the products to determine whether the product is fit for the particular purpose and suitable for the user's application. All products, specifications, availability and data are subject to change without notice, and may vary by region or country.

DIMENSIONS
Size
Capacity1
(scfm)
Capacity
(gpm)
Weight*
(lb)
Dimensions (inches) Element
A B C D Qty Size
0006 10 75 3.3 4.7 3.3 1.5 4 1 03/10
0027 16 120 4.8 7.1 4.1 1.5 6.1 1 05/25
0032 24 180 5.3 7.1 4.5 2 6.1 1 05/30
0072 49 365 7.3 12.2 5.1 2 11 1 10/30
0144 102 765 20.3 22.8 5.1 3 22.8 1 20/30
0192 152 1,140 25.6 32.7 5.1 3 33.5 1 30/30
No. Qty Description
1 1 Upper housing bowl
2 1 Lower housing bowl
3 3 Socket head screw
4 1 Filter element
No. Description
1 Upper housing bowl
2 Lower housing bowl
3 Lifting eye screw
4 Anchor bolt
5 Filter element
Size
Capacity1
(scfm)
Capacity
(gpm)
Weight*
(lb)
Dimensions (inches) Element
A B C** D Qty Size
0432 247 1,850 41 29 8.7 4 24 3 20/30
0576 371 2,780 46 39 8.7 4 33 3 30/30
0768 494 3,700 50 39 10.8 6 33 4 30/30
1152 742 5,565 79 39 12.8 6 33 6 30/30
1536 989 7,420 88 39 15.5 6 33 8 30/30
1920 1,183 8,870 114 39 15.5 8 33 10 30/30
1 Capacity based on P-SRF N filter at 14.7 psia, ∆p = 0.6 psid * Without filter element
** ASME/ANSI, Class 150
1 4
3 2
C
A
B D
1 4
5 3
2 B
D
A
C
Vent filter with
Tri-Clamp® connection
Vent filter with
ANSI Flange connection
#11..
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Compressed Air & Process Filtration

P-SRF V

STERILE AIR PLEATED DEPTH

FILTER ELEMENTS
Process Filtration
The P-SRF V filter element is a sterile grade, pleated depth filter element in a stainless-steel body. The improved media configuration provides excellent de-wetting capabilities and exceptionally low differential pressure drop. The sturdy stainlesssteel construction permits more than 150 sterilization cycles at specified conditions and withstands high differential pressures in both flow directions.

The P-SRF V was developed for the safe and sterile filtration of air and other process gases in venting and process applications. The element is efficient to 99.9999995% at 0.2 μm and 0.02 μm, and

99.999999991% at 0.03 μm particles. The P-SRF V is reliable in extreme conditions and fulfills the stringent requirements of food and beverage industries, as well as the pharmaceutical industry.

The depth filter medium is non-fiber releasing and meets the USA requirements for Food Contact Use in accordance with the Code of Federal Regulations (CFR) Title 21 211.72 latest edition and the EU requirements for Food Contact Use according to EC/1935/2004 for indirect food contact use.

The P-SRF V sterile filter elements are a premier option to protect your product and process integrity.

FEATURES BENEFITS
Thirteen lengths and multiple connection options These meet virtually all purification application requirements.

High-quality stainless steel construction ensures excellent mechanical stability, thermal resistance up to 392°F
More than 150 sterilization cycles possible at specific conditions, and is suited for Vapor Phase Hydrogen Peroxide (VPHP) sterilization.

Proprietary three-dimensional binder-free borosilicate depth filter media
Large void volume 95%, is chemically inert and developed specifically for the removal of bacteria and viruses.

Inherently hydrophobic media Ensures high flow rates, low pressure drop, and excellent dewetting characteristics.

Validated retention of bacteria and viruses Provides quality assurance control for aseptic applications.

Depth filter medium is non-fiber releasing All components meet FDA requirements for contact with food in acordance with the Code of Federal Regulations (CFR), Title 21.

The filter element is manufactured according to DIN EN ISO 9001 Globally recognized quality management.

Polydimethylsiloxane (PDMS) coating Element is caustic-resistant, hydrophobic and fast drying.

P SRF-V
#11..
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P-SRF V STERILE AIR PLEATED DEPTH FILTER ELEMENTS

RECOMMENDED STERILE AIR SYSTEM
Installation with variable compressed air demand
1 2 3
6 5
9 5 11
15 14
13 8
14 10
7 5
4 5
5 12
No. Description
1 Air Compressor with Aftercooler
2 DF-C Cyclone Separator
3 Wet Storage Tank
4 DF Filter with V-Grade Coalescing Filter
5 UFM-D Zero-Loss Condensate Drain
6 Refrigerated Dryer
7 DS Oil/Water Separator
8 DF Filter with M-Grade Coalescing Filter
9 Dry Storage Tank
10 Ultrapac 2000 Dryer
11 DF Filter with S-Grade Particulate Filter
12 DF Filter with A-Grade Carbon Adsorption Filter
13 PG-EG Sanitary Housing with P-SRF V Sterile Filter
14 Condensate Trap/Drain
15 P-EG Housing with P-GS 5 µm Steam Filter

APPLICATIONS
The P-SRF V pleated sterile air depth filter element is designed and developed for the following industries and applications:

Industries
• Food and beverage
• Breweries
Applications
• Tank ventilation
• Carbon dioxide
• Pharmaceutical
• Chemical
• Fermentation air
• Technical gases
• Health care and biotech
• Aseptic packaging
• Container aeration
#11..
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PRODUCT NAME P-SRF V STERILE AIR PLEATED DEPTH FILTER ELEMENTS

RETENTION OF MICROORGANISMS
The procedure for microbiological evaluation is outlined by HIMA*. The filter element was challenged with a minimum of 107 viable Brevundimonas diminuta microorganisms to each square centimeter of effective filtration area. The bacterial challenge is quantified by expressing the filter element efficiency to remove the challenge organism from the challenge suspension as a Log Reduction Value (LRV).

LRV = Log10 (quantity of organisms in the challenge minus quantity of organisms after filtration) Brevundimonas diminutas (>/= 0.2 μm) LRV > 9
MS2 Coliphage (>/= 0.02 μm) LRV > 9

SPECIFICATIONS
Retention Rate >99.99999995% at 0.2 µm
>99.99999995% at 0.02 µm
>99.999999991% at 0.003 µm
Filtration Surface 0.31 ft2
per 10 inch element
(For other element sizes see Correction Factors Filtration Surface Area) Operating Temperature -4°F to 392°F
Maximum Differential Pressure 73 psid (-4°F to 392°F), regardless of the system pressure or flow direction Typical Compressed Air Service Life 12 months
Typical Vent Service Life 6 months
MATERIALS CFR TITLE 21
Filter Media Borosilicate 177.2660
Impregnation PTFE 177.1520
Upstream Support 304 SS 211.65
Downstream Support 304 SS 211.65
Outer Liner 304 SS 211.65
Inner Liner 304 SS 211.65
End Caps 304 SS 211.65
Poting Compound Silicone 177.2600
O-Rings Standard Silicone 177.2600
O-Rings Optional
EPDM
FEP over silicone
FEP over Viton®*
* Viton is a registered trademark of DuPont Performance Elastomers L.L.C. * HIMA - Health Industry Manufcturers Association, known as AdvaMed.

MATERIAL COMPLIANCE (US & EU)
All components of the P-SRF V filter cartridge are FDA listed for food contact use in the Code of Federal Regulations (CFR), Title 21. Donaldson confirms that all materials used for the P-SRF V elements meet regulatory and legislative requirements and guidelines for indirect food contact as detailed in European Regulation (EC) Number 1935/2004.
#11..
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P-SRF V STERILE AIR PLEATED DEPTH FILTER ELEMENTS

QUALITY ASSURANCE
All P-SRF V elements have been inspected and released by Quality Assurance as having met the following requirements:
• All filters are fabricated without the use of binders, adhesives, additives or surface active agents. • All sterile filters are integrity tested according to ASTM D 2986-91 and DIN EN 1822 to verify compliance with established quality and design specifications and to assure consistent and reliable performance. • A Factory Test Certification according to DIN EN 10204 is available upon request.

SPECIFICATIONS
CODE 7 CONNECTION
Element
Size
Dimensions (inches)
A B C
5” 4.92 7.48 2.22
10” 9.84 12.40 2.22
20” 19.68 22.24 2.22
30” 29.53 32.08 2.22
Code 7: 2 x 226 O-Rings, 2 bayonet locking tabs, locating fin Other end cap configurations available upon request

UF PUSH-IN CONNECTION
Element
Size
Dimensions (inches) Correction
A B C* Factors**
03/10 2.99 3.42 1.18 0.15
04/10 4.09 4.64 1.18 0.20
04/20 4.09 4.64 1.46 0.20
05/20 5.04 5.59 1.46 0.25
05/25 5.04 5.59 1.46 0.34
07/25 7.08 7.64 1.46 0.49
05/30 5.04 5.59 2.40 0.49
07/30 7.08 7.71 2.40 0.70
10/30 10.00 10.63 2.40 1.00
15/30 15.00 15.83 2.40 1.51
20/30 20.00 20.63 2.40 2.02
30/30 30.00 30.63 2.40 3.03
30/50 30.00 30.63 3.50 3.03
* UF plug connection with double O-Ring
** Correction factors filtration surface area

DIMENSIONS
#11..
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PRODUCT NAME P-SRF V STERILE AIR PLEATED DEPTH FILTER ELEMENTS

FLOW CHARACTERISTICS P-SRF V FILTER ELEMENT
TYPE P-SRF V FLOW AT 7 PSIG (CFM)
HOUSING ELEMENT NOMINAL* MAXIMUM
0006 03/10 35 53
0009 04/10 53 71
0012 04/20 71 106
0018 05/20 106 159
0027 05/25 159 212
0036 07/25 212 283
0048 07/30 283 424
0072 10/30 424 636
0108 15/30 636 848
0144 20/30 848 1,131
0192 30/30 1,131 1,696
0288 30/50 1,696 2,544
* The given nominal flow rate in the table represents 100%

PRESSURE
(PSIG) 0 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16
Correction
Factor [-] 0.13 0.25 0.38 0.50 0.63 0.75 0.88 1.00 1.13 1.25 1.38 1.50 1.63 1.75 1.88 2.00 2.13 0 0.6

1.8 0.4

0.8 0 10 20 30 40 50
Differential Pressure (psi)
Nominal Flow (%)

1.0 1.6

1.4 1.2

0.2 60 70 80 90 100
Vent mode
100 psig
P-SRF V 10/30 Nominal Flow
#11..
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P-SRF V STERILE AIR PLEATED DEPTH FILTER ELEMENTS
Donaldson Company, Inc.

Process Filtration
PO Box 1299
Minneapolis, MN
55440-1299 U.S.A.

Tel 800-543-3634 (USA)
Tel 800-343-3639 (within Mexico)
Fax 952-885-4791
[email protected]
donaldsonprocessfilters.com
Quality Management System
ISO
9001:2008
Registered:

F117010 (10/17) ENG P-SRF V Sterile Air Pleated Depth Filter Elements © 2017 Donaldson Co., Inc. All Rights Reserved. Donaldson and the color blue are marks of Donaldson Company, Inc.

All other marks belong to their respective owners.
{Contains Donaldson proprietary technology.}
Important Notice
Many factors beyond the control of Donaldson can affect the use and performance of Donaldson products in a particular application, including the conditions under which the product is used. Since these factors are uniquely within the user's knowledge and control, it is essential the user evaluate the products to determine whether the product is fit for the particular purpose and suitable for the user's application. All products, specifications, availability and data are subject to change without notice, and may vary by region or country.

STERILIZE-IN-PLACE (SIP) PROCEDURE
• With SIP, the filter element and housing remain in place and steam is used to sterilize the filtration system without the need for disassembly.
• The steam used for SIP must be free of rust and other particles. • Steam pressure must not be allowed to fall below 15 psig throughout the SIP process. • Condensate must be drained from the system during sterilization. • Any air trapped in the housing must be vented.
• Upstream and downstream pressure gauges must be used to ensure differential pressure across the filter does not exceed 5 psid during SIP.
• After sterilization, pressurize the system with process air or gas up to the steam pressure used and allow the system to cool until ready for use.
• Always use the lowest possible sterilization temperature to avoid excesss stress on the filter element.

AUTOCLAVE
• Generally, only the filter element is sterilized in an autoclave, but both the housing and element can be sterilized if removed from the process, disassembled and put in the autoclave. • In addition to the cycle times given above, follow the specific procedures provided with the autoclave in use.

AUTOCLAVING/STEAM STERILIZATION
Cumulative Steaming Time
250°F, Saturated Steam: 160 cycles (30 minutes)
270°F, Saturated Steam: 160 cycles (20 minutes)
290°F, Saturated Steam: 160 cycles (10 minutes)
Independent of flow direction; forward and reverse steam flow possible Vapor Phase Hydrogen Peroxide (VPHP) Suitable 266°F @ > 5,000 ppm H2O2 , > 50 hours

DE-WETTING CHARACTERISTICS
De-wetting characteristics of a SRF V
10/3 P7 after steaming at 15 psig (250°F)
for 30 minutes. Flow is 82 cfm at 15 psig
absolute. Normal conditions are reached
within 10 seconds.
#11..
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CITY OF MODESTO

COUNCIL AGENDA REPORT
DATE OF MEETING:

May 10, 2022
Date: April 13, 2022
TO: Mayor and City Council
THROUGH: Joseph P. Lopez, City Manager
FROM: William Wong, Director of Utilities
SUBJECT: Agreement with Brown and Caldwell, Inc. for Construction Support Services for Grayson Well 69 (Replacing Well 274)
CONTACT: Jesse Franco, Engineering Division Manager, [email protected], (209) 571-5175
DESCRIPTION:

Consider approving an Agreement with Brown and Caldwell, Inc., Rancho Cordova, CA, for Construction Support Services for Grayson Well 69 (Replacing Well 274) in the amount of $160,348 for the identified scope of services, plus $16,035 in additional services, if needed, for a total amount not to exceed $176,383. (Funding Source: Water Fund) STRATEGIC PLAN ELEMENT:

The recommended action supports the 2020-2025 City of Modesto Strategic Plan Initiatives, Goal D: Provide safe, efficient, and reliable infrastructure through proactive community investment, maintenance, and sustainability efforts.

BACKGROUND:

The Grayson water service area was acquired from the Del Este Water Company in 1995 as part of the overall acquisition of Del Este’s water system. The City now operates and maintains two wells and storage tank No. 9 in the outlying service area of Grayson. Elevated nitrate concentrations have been a problem at Well 274, and the water requires treatment for nitrate removal at the Well 295/Tank 9 site. A feasibility study completed in January 2015, addressed nitrate concentrations in Well 274 and recommended a replacement well, because the current well is relatively shallow and was installed in 1967.

On January 10, 2017, by Resolution No. 2017-18, Council approved an agreement with Hazen and Sawyer to provide hydrogeological and design services for Grayson Replacement Well 274.

On January 23, 2018 by Resolution No. 2018-46, Council awarded a construction contract to Maggiora Bros. for the Grayson Replacement Well 274 Project which constructed the subsurface improvements.
#12..
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City Council, May 10, 2022
Agreement with Brown and Caldwell, Inc.

Construction Support Services for Grayson Well 69 (Replacing Well 274)

Page 2 of 4 ends
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