Agenda packet — Modesto City Council, June 14, 2022 (part 3 of 3)

 The appointment of a retired annuitant must be for a limited duration for a vacant position.
 The appointment of the particular retired annuitant may only occur once.  The retired annuitant’s salary cannot be less than the minimum or exceed the maximum for the vacant position as listed on the employer’s publicly available pay schedule for this position.
 The retired annuitant cannot be paid any other compensation or benefits in addition to the hourly pay rate.
 A maximum of 960 hours can be worked within a fiscal year (July 1 to June 30) and CalPERS does not provide any exception to this limit. Nonpaid or volunteer hours can’t be used in order to exceed 960 hours in a fiscal year.  The retiree will not accrue service credit or any additional retirement right or benefits.

DISCUSSION:

The Wastewater Division Manager is a key leadership position in the Utilities Department, and oversees the management functions of the entire Division, which consists of Wastewater Administration, Collections, Treatment, Maintenance and Environmental Compliance. The entire Wastewater Division has an allocation of 131 full-time employees.

This position will directly report to the Utilities Director, and will directly supervise 4 superintendents, 2 administrative analysts and 1 Utilities Dispatch Supervisor.

Recent recruitment for this position has proven unsuccessful. While the Utilities and Human Resources Departments develop an updated recruitment strategy to fill the position, there is still a need for day-to-day administrative oversight of the Wastewater Division.

The Utilities Department is recommending the City hire David Savidge, on an interim basis of up to six (6) months, or until the position is filled, to provide managerial duties for the Wastewater Division. Mr. Savidge was the Department’s former Water Systems Manager, was employed with the City for over 25 years, and provided leadership for the City’s Water Division’s operational and maintenance teams for several years before his retirement. He has demonstrated that he has the experience and temperament to manage the Wastewater team on an interim basis.

FISCAL IMPACT:

Sufficient Funds are budgeted in FY 21-22 and FY 22-23 for the vacant Wastewater Division Manager position in the Wastewater Fund (4210) and will be utilized for the salary expenses of the interim position.

COMMITTEE RECOMMENDATION:

This was not taken to any committees.

RECOMMENDED COUNCIL ACTION:

Staff Recommendations:

Resolution authorizing the City of Modesto to utilize the services of David Savidge on an interim basis to fulfill the duties of Wastewater Division Manager for a limited duration of up to six (6) months or until the recruitment is completed, whichever is first; and authorizing the City Manager, or his designee, to take the necessary steps to implement the provisions of the action. #12..
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City Council, June 14, 2022
Rehire of Retired Annuitants

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Approved by:

Christina Alger, Human Resources Director
Joseph P. Lopez, City Manager
Attachments:

1. Resolution
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MODESTO CITY COUNCIL
RESOLUTION NO. 2022 -

RESOLUTION AUTHORIZING THE CITY OF MODESTO TO UTILIZE THE

SERVICES OF DAVID SAVIDGE ON AN INTERIM BASIS TO FULFILL THE

DUTIES OF WASTEWATER DIVISION MANAGER FOR A LIMITED
DURATION OF UP TO SIX (6) MONTHS OR UNTIL THE RECRUITMENT IS COMPLETED, WHICHEVER IS FIRST; AND AUTHORIZING THE CITY

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

IMPLEMENT THE PROVISIONS OF THE ACTION
WHEREAS, the City requests authorization to utilize the services of retired annuitant David Savidge for a limited duration; and
WHEREAS, changes to the California Public Employee Retirement System (CalPERS), requires that a retiree serve a 180-day waiting period prior to being allowed to work for a CalPERS agency with the following exceptions; and WHEREAS, the California Public Employees’ Retirement System (CalPERS) recognizes that retirees can play an important role in maintaining city operations, particularly in short-erm or emergency situations; however, they also specify limitations on a retiree’s service when returning to work for a CalPERS agency. Government Code §7522.56 & 21221 (h) provides specific guidance on employing a CalPERS retiree without interruption to retirement benefits or reinstatement from retirement; and WHEREAS, CalPERS Publication 33 stipulates certain conditions must all be met in order for an appointment to move forward. These conditions are:

The retiree must wait 180 days after his or her retirement date before he or she can return to work for a CalPERS employer, unless there is a qualifying exception.
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The appointment of a retired annuitant must be for a limited duration for a vacant position.

The appointment of a particular retired annuitant must only occur once.

The retired annuitant’s salary cannot be less than the minimum or exceed the maximum for the vacant position as listed on the employer’s publicly available pay schedule for the position.

The retired annuitant cannot be paid any other compensation or benefits in addition to the hourly pay rate.

A maximum of 960 hours can be worked within a fiscal year (July 1 to June 30) and CalPERS does not provide any exception to this limit. Non-paid or volunteer hours can’t be used in order to exceed 960 hours in a fiscal year.

The retiree will not accrue service credit or any additional retirement rights or benefits; and
WHEREAS, the Wastewater Division Manager is a key leadership position in the Utilities Department, and oversees the management functions of the entire Division, which consists of Wastewater Administration, Collections, Treatment, Maintenance and Environmental Compliance; and
WHEREAS, recent recruitment for this position has proven unsuccessful. While the Utilities and Human Resources Departments develop an updated recruitment strategy to fill the position, there is still a need for day-to-day administrative oversight of the Wastewater Division; and
WHEREAS, Mr. Savidge was employed with the City for over 25 years and possesses the needed skills to successfully fill the position on a temporary basis. #12..
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NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Modesto that it hereby approves the rehire of the services of David Savidge on an interim basis for a limited duration of up to six (6) months or until the recruitment is completed, whichever is first.

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 in a regular meeting of the Council of the City of Modesto held on the 14th day of June, 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:

June 14, 2022
May 23, 2022
TO: Mayor and City Council
THROUGH: Joseph P. Lopez, City Manager
FROM: William Wong, Director of Utilities
SUBJECT: Grant Agreement for JM Pike Park Stormwater to Sanitary Sewer Cross Connection Removal and Water Main Project
CONTACT: Cristian Ciotau, Senior Civil Engineer,
[email protected], (209) 577-5260
DESCRIPTION:

Consider adopting a Finding of Conformance for the JM Pike Park Stormwater to Sanitary Sewer Cross Connection Removal and Water Main Project, approving a Grant Agreement in the amount of $10,000,000 with the California State Water Resources Control Board; approving a Consultant Agreement with Woodard & Curran, Inc., Sacramento, CA, for Engineering Design Services in the amount of $1,914,421 for the identified scope of services plus $191,443 in additional services, if needed, for a total amount not to exceed $2,105,864, and amending the Fiscal Year 2022/23 Capital Improvement Program Budget in the amount of $9,101,535. (Funding Source: Water & Wastewater Funds)
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:

In many areas of the City, there are no positive storm drain systems to remove storm runoff ffrom the streets. Positive storm drain systems are comprised of drain inlets (catch basins) at street curb returns where storm runoff is collected and sent to storm drain piping. The runoff is delivered to outfalls or basins such as Dry Creek or neighborhood basins such as West Basin.

In some of these areas, excess storm runoff drains directly into the sanitary sewer collections system by means of cross connections via surface inlets (catch basins). The City of Modesto’s 2007 Wastewater Master Plan (WWMP) identified a dramatic increase in the Peak Wet Weather Flow (PWWF) into the sanitary sewer collections system and ultimately into the Sutter Avenue Wastewater Treatment Plant following a storm event due to these cross connections. This increase in flow from these cross connections results in surcharging and potential overflows in the sanitary sewer collections system, and could increase the costs of downstream Capital #13..
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Grant Agreement for JM Pike Park Stormwater to Sanitary Sewer Cross Connection Removal and Water Main Project

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Improvement Program (CIP) Projects. Many of the 2007 WWMP CIP Projects were developed based on removing these cross connections.

In support of the 2007 WWMP, Stantec Consulting released a Storm Drain Cross Connection (SDCC) report in June of 2007. The report identified the locations of the cross connections throughout the City and included some of the Storm Drain Master Plan (SDMP) storm drain infrastructure improvements.

Although located in several areas of the city, this project will focus on the removal of the cross connections in Sewer Service Tributary Area 2 (Area 2) of the City as defined by the WWMP.

This area is located in the north-central section of the City and is served primarily by the Emerald sewer trunk. Area 2 has historically experienced significant increases in PWWF after a storm event due to the storm drain cross connections draining directly into the wastewater collection system.

The Area 2 Storm Drain to Sanitary Sewer Cross Connections Removal Final Preliminary Design Report (https://www.modestogov.com/DocumentCenter/View/1724/Area-2-SD-CrossConnection-Removal-Project---Phase-I-PDR-PDF) identified a four phase approach for the removal of cross connections in the project area due to cost constraints. The JM Pike Park project will be the third phase. The first two phases, Garrison Park project and Roosevelt Park project, were successfully completed in 2014 and 2020, respectively. These first two phases have drastically reduced flooding in the local neighborhoods and have decreased PWWF draining into the wastewater collection system. The JM Pike Park project will be the largest of the four phases and will bring significant benefits to the local neighborhoods such as the elimination of street flooding, local ground water recharge, improved water quality, and a reduction of PWWF into the wastewater collection system.

In addition to the stormwater and wastewater benefits, this project will also strengthen and replace the water infrastructure in the area. The City Water Division has identified this area as having an aged and undersized water system prone to frequent maintenance issues such as low pressures and leaks. Mains and services are located in alleys and need to be relocated to the streets for easier maintenance. The water system replacement portion of the project is provided in this proposal as a separate task.

The JM Pike Park project has been approved for funding with a grant award of $10,000,000.

The grant was approved by the State Water Resources Control Board for funding from the Storm Water Grant Program’s Proposition 1 Round 2.

The Pike Park Project represents the third phase in Area 2 cross connection removal. As was the case with the first two phases, this project will drain storm runoff to a City park. The proposed project includes:
 Removal of 28 non-functioning dry wells
 Removal of 9 stormwater to sanitary sewer connections  Installation of 10,566 lineal feet of stormwater pipe and necessary catch basins  Replacement of catch basins in the alignment that do not comply with City of Modesto Standards
 Installation of storm main stub outs for future connections #13..
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Grant Agreement for JM Pike Park Stormwater to Sanitary Sewer Cross Connection Removal and Water Main Project

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 Rectify flow line issues
o Repair curb/gutter/sidewalk
o Repair curb ramps to City of Modesto standards
 Installation of new underground stormwater chambers for percolation  Installation of a pretreatment device
 Improvements at JM Pike Park (in coordination with the City of Modesto Parks Department)
o Installation of more efficient irrigation systems
o Installation of more water efficient turf varieties and drought tolerant trees o Trees will be on a separate irrigation system than turf, so turf can dry up while trees are watered in droughts
o All facilities will be rebuilt to satisfy ADA requirements o Improved aesthetics and creation of habitat for birds, bees, butterflies and other beneficial insects in the rain gardens
 Replacement of the existing aging water system with City standard water mains, valves,meters and hydrants to improve system reliability, flows and pressures. This includes installation of:
o Approximately 17,213 feet of 8-inch water main
o Approximately 5,675 feet of 12-inch water main
o Fire hydrants and necessary appurtenances
DISCUSSION:

Proposition 1, the Water Quality, Supply, and Infrastructure Improvement Act of 2014, provides funds for grants to local public agencies. The Storm Water Grant Program (SWGP) includes funding for planning, disadvantaged community involvement, implementation, and companion grant programs that support water projects including surface and groundwater storage, ecosystem and watershed protection and restoration, and drinking water protection.

The JM Pike Park project encompasses all of the requirements of the SWGP with an emphasis on groundwater recharge. The JM Pike Park Project will utilize Low Impact Development principles and components to capture, treat and store storm water runoff close to its source.

Projects of this nature benefit local disadvantaged neighborhoods by reducing localized street flooding and restoring local City parks where the stormwater runoff volume will be stored underground. The City has recently completed two similar projects, Phase I Garrison Park in 2014 and Phase II Roosevelt Park in 2020.

City staff is recommending the use of a consultant to increase project delivery efficiencies.

On April 28, 2020, by Resolution No. 2020-202, Council approved a prequalified list of consultants for Engineering Design Services for Wastewater and Water CIP projects.

In accordance with Administrative Directive 3.1, Selection Procedures for Professional Consultants Who Provide Architectural and Engineering Services for Capital Projects, a Request for Proposal (RFP) was sent to five (5) pre-qualified consultants for engineering design services for water CIP projects.

On June 25, 2021, staff received and distributed four (4) proposals to a selection committee consisting of Utilities engineering and operations staff. The selection committee evaluated the #13..
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Grant Agreement for JM Pike Park Stormwater to Sanitary Sewer Cross Connection Removal and Water Main Project

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proposals and determined Woodard and Curran Inc, Sacramento, CA to be the most qualified and responsive. Woodard and Curran’s sealed proposal costs were opened after the selection ranking had been finalized. Woodard and Curran’s proposal cost and scope were reviewed and determined to be reasonable to provide design and bid period services.

Based on requirements as outlined in the JM Pike Park Project RFP, Woodard and Curran has developed a scope of services for the final design.

The scope of services to be provided under this agreement include:
 Project Management and Administration
 Construction Documents
 Public Outreach
 Permitting
 Engineering Support During Construction
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. However, staff proceeded through an RFP process pursuant to Administrative Directive 3.1. Staff recommends approval of the agreement with Woodard and Curran for Engineering Design services for the JM Pike Park Project.

On September 24, 2019, by Resolution No. 2019-434, Council authorized the submittal of a grant application to the State Water Ressources Control Board, under the Proposition 1 Storm Water Grant Program, for the Modesto Area 2 Storm Water to Sanitary Sewer Cross Connection Removal Project Phase III JM Pike Park and Phase IV Catherine Everett Park.

On April 6, 2021, by Resolution No. 2021-119, the Council authorized entering into a funding agreement with the State Water Resources Control Board and authorizing and designating a representative for the JM Pike Park Project.

On April 6, 2021, by Resolution No. 2021-120, the Council amended the fiscal year 2020-21 Capital Improvement Program budget in the amount of $15,840,000 to be transferred into the project from wastewater reserves in order to fund the JM Pike Park Project.

FISCAL IMPACT:

Expenses and revenues associated with the JM Pike Park projet will be captured in the following CIP accounts:
101313 Wastewater Fund JM Pike Park CC Removal
100851 Water Fund Pike Park Neighborhood S&R
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Grant Agreement for JM Pike Park Stormwater to Sanitary Sewer Cross Connection Removal and Water Main Project

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ANTICIPATED CONSTRUCTION EXPENDITURES: 101313 100851
Construction $14,206,470 $4,594,573
Construction Contingency (10%) $1,420,647 $459,457
Construction Administration – City Staff (10%) $1,420,647 $459,457 Final Design Services Agreement – Woodard and Curran $1,275,611 $638,810 10% additional services, in needed $127,561 $63,882
Engineering/Design/Admin Support – City staff (2.5%) $355,162 $114,864 TOTAL ANTICIPATED CONSTRUCTION EXPENDITURES: $18,806,098 $6,331,043 COMMITTEE RECOMMENDATION:

This item was considered by the Economic Development Committee on September 4, 2019 where it was recommended that it be forwarded to Council for approval.

CEQA/NEPA REQUIREMENTS:

The Area 2 Storm Drain Cross Connections Removal Project is discussed in the 2007 The Area 2 Storm Drain Cross Connections Removal Project is discussed in the 2007 Wastewater Master Plan Environmental Impact Report. On March 13, 2007, by Resolution No. 2007-178, Council certified the Final Master Environmental Impact Report (EIR) for the City of Modesto (SCH# 2006052076) in accordance with the California Environmental Quality Act.

An initial California Environmental Quality Act (CEQA) Study/Finding of Conformance, EA/UTL No. 2020-09 was completed for the project and it was determined the project complies with the Negative Declaration in the Master Plan EIR. The study provides the substantial evidence to support the required findings, and to adopt the Finding of Conformance for the proposed project.

These findings are set forth in the attached Resolution.

RECOMMENDED COUNCIL ACTION:

Staff Recommendation:

Resolution finding that the JM Pike Park Stormwater to Sanitary Sewer Cross Connection Removal and Water Main Project is within the scope of the project covered by the Final Environmental Impact Report for the City of Modesto Wastewater Master Plan (SCH # 2013082006).

Resolution approving a grant agreement for $10,000,000 with State Water Resources Control Board to receive the Proposition 1 Round 2 Stormwater Grant for the JM Pike Park Stormwater to Sanitary Sewer Cross Connection Removal; authorizing the City Manager, or his designee, to execute all grant-related documents and enter into an Agreement to receive the grant funds, when awarded; and authorizing the Director of Finance to be the signatory of grant invoice forms during requests for reimbursements.

Resolution approving an Agreement with Woodard and Curran Inc., Sacramento, CA, for Engineering Design Services for the JM Pike Park Stormwater to Sanitary Sewer Cross Connection Removal and Water Main Project in the amount $1,914,421 for the identified scope of services, plus $191,443 in additional services, if needed, for a total amount not to exceed $2,105,864, and authorizing the City Manager, or his designee, to execute the Agreement.

Resolution amending the Fiscal Year 2022/23 Capital Improvement Program budget in the amount of $9,101,535 to be transferred into the projects 101313 and 100851 from Wastewater and Water Fund Reserves in order to fully fund the JM Pike Park Stormwater to Sanitary Sewer Cross Connection Removal and Water Main Project.
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Grant Agreement for JM Pike Park Stormwater to Sanitary Sewer Cross Connection Removal and Water Main Project

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Approved by:

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

1. Resolutions (4)

2. Finding of Conformance

3. Woodard and Curran, Inc. – Consultant Agreement

4. California State Water Resources Control Board – Grant Agreement

5. Resolution Exhibit EIR
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1 2022-

MODESTO CITY COUNCIL
RESOLUTION NO. 2022-

RESOLUTION FINDING THAT THE JM PIKE PARK STORMWATER TO

SANITARY SEWER CROSS CONNECTION REMOVAL AND WATER MAIN

PROJECT IS WITHIN THE SCOPE OF THE PROJECT COVERED BY THE

FINAL ENVIRONMENTAL IMPACT REPORT FOR THE CITY OF MODESTO WASTEWATER MASTER PLAN (SCH # 2006052076)
WHEREAS, the JM Pike Park Stormwater to Sanitary Sewer Cross Connection Removal and Water Main Project (Pike Park) is the third of four phases of cross connection removal projects in the City of Modesto as provided for by the City of Modesto Wastewater Master Plan, and
WHEREAS, Pike Park proposes to remove nine storm drain to sewer crossconnections and twenty eight failed rock wells, and WHEREAS, in their place, approximately 10,566 feet of 24-inch and 30-inch storm drain piping will be installed to convey storm runoff to an underground storm drainage retention/infiltration system at JM Pike Park, and WHEREAS, the Utility Department has prepared an Initial Study, Environmental Assessment No. EA/UP&P 2020-09 for the proposed JM Pike Park Stormwater to Sanitary Sewer Cross Connection Removal and Water Main Project, which concluded that the project is within the scope of the Final Wastewater Master Plan Master Environmental Impact Report for the City of Modesto (SCH No. 2006052076) pursuant to Section 21157.1 of the Public Resources Code, no new environmental review is required, and
WHEREAS, pursuant to Public Resources Code Section 21081 and 21158(d), the City of Modesto finds that no new effects could occur or no new mitigation measures #13..
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would be required, therefore the activity is within the scope of the project covered by the Master EIR and no new environmental review is required, and WHEREAS, in accordance with CEQA guidelines on May 10, 2022, the City caused to be published a 20-day notice of the City’s intent to make a finding that the proposed project conforms with the Master EIR.

NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Modesto that it has reviewed and considered the Initial Study prepared for the proposed Project, a copy of which is attached hereto as Exhibit “A” and incorporated herein by reference, and based on the substantial evidence included in said Initial Study makes the following findings:

1. The type of project is described in Chapter II of the Wastewater Master Plan Master EIR.

2. All applicable policies, regulations, and mitigation measures identified in the Wastewater Master Plan Master EIR.

3. An Initial Study, EA/UP&P 2020-09, was prepared by the City of Modesto that analyzed whether the subsequent project may cause any significant effect on the environment that was not examined in the Wastewater Master Plan Master EIR and whether the subsequent project was described in the Master EIRs and is within the scope of the Master EIR.

4. Based on the Initial Study, the City of Modesto finds and determines:
a. The proposed subsequent project will have no
additional significant effect on the environment, as
defined in subdivision (d) of Section 21158 of the
Public Resources Code that was not identified in and
mitigated through the Master EIRs.
b. No new or additional mitigation measures or alternatives are required.

BE IT FURTHER RESOLVED by the Council of the City of Modesto that the Director of Utilities is hereby authorized and directed to file a notice of determination #13..
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within five (5) business days with the Stanislaus County Clerk, pursuant to Section 21152 of the Public Resources Code.

The foregoing resolution was introduced at a special meeting of the Council of the City of Modesto held on the 14 day of June 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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Exhibit "A"

INITIAL STUDY
EA/UP&P 2020-09
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MODESTO CITY COUNCIL
RESOLUTION NO. 2022-?
RESOLUTION APPROVING A GRANT AGREEMENT FOR $10,000,000 WITH

STATE WATER RESOURCES CONTROL BOARD TO RECEIVE THE
PROPOSITION 1 ROUND 2 STORMWATER GRANT FOR THE JM PIKE

PARK STORMWATER TO SANITARY SEWER CROSS CONNECTION
REMOVAL; AUTHORIZING THE CITY MANAGER, OR HIS DESIGNEE, TO

EXECUTE ALL GRANT-RELATED DOCUMENTS AND ENTER INTO AN
AGREEMENT TO RECEIVE THE GRANT FUNDS, WHEN AWARDED; AND

AUTHORIZING THE DIRECTOR OF FINANCE TO BE THE SIGNATORY OF

GRANT INVOICE FORMS DURING REQUESTS FOR REIMBURSEMENTS
WHEREAS, the purpose of the JM Pike Park Stormwater to Sanitary Cross Connection Removal Project (Pike Park) project is to remove direct connections of storm drain runoff to the sanitary sewer system and provide necessary storm drain improvements resulting from the removal of the cross connections, and WHEREAS, the City of Modesto’s JM Pike Park Stormwater to Sanitary Cross Connection Removal Project proposes to capture, treat, and infiltrate stormwater runoff to augment groundwater supplies, reduce flood-related damage, and improve the quality of stormwater runoff percolating to the underlying groundwater basin, and WHEREAS, Proposition 1, provides funds for grants to local public agencies for water supply projects including stormwater capture, and WHEREAS, staff applied for the 2014 Water Bond Proposition 1 Grant to fund the final design and construction of the JM Pike Park Stormwater to Sanitary Cross Connection Removal Project, and
WHEREAS, the JM Pike Park Stormwater to Sanitary Cross Connection Removal Project encompasses all of the requirements of the grant with an emphasis on groundwater recharge, and
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WHEREAS, the JM Pike Park project will utilize Low Impact Development principles and components to remove and store stormwater runoff, and WHEREAS, the project benefits a local disadvantaged neighborhood by reducing localized street flooding and restoring a local City park where the storm runoff volume will be stored underground, and
WHEREAS, the Prop 1 Grant agreement with the State Water Resource Control Board was signed and executed on April 29, 2022.

NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Modesto that it approves a grant agreement for $10,000,000 with State Water Resources Control Board to receive the 2014 Proposition 1 Grant for the JM Pike Park Stormwater to Sanitary Cross Connection Removal Project.

BE IT FURTHER RESOLVED by the Council of the City of Modesto that it agrees and authorizes the City Manager, or his designee, to execute all grant-related documents and enter into an agreement to receive the grant funds, if awarded; and authorizing the Director of Finance to be the signatory of grant invoice forms during requests for reimbursements.

The foregoing resolution was introduced at a regular meeting of the Council of the City of Modesto held on the 14th day of June 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:
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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 APPROVING AN AGREEMENT WITH WOODARD AND
CURRAN INC., SACRAMENTO, CA, FOR ENGINEERING DESIGN SERVICES

FOR THE JM PIKE PARK STORMWATER TO SANITARY SEWER CROSS

CONNECTION REMOVAL AND WATER MAIN PROJECT IN THE AMOUNT $1,914,421 FOR THE IDENTIFIED SCOPE OF SERVICES, PLUS $191,443 IN

ADDITIONAL SERVICES, IF NEEDED, FOR A TOTAL AMOUNT NOT TO EXCEED $2,105,864, AND AUTHORIZING THE CITY MANAGER, OR HIS

DESIGNEE, TO EXECUTE THE AGREEMENT
WHEREAS, the purpose of the JM Pike Park Stormwater to Sanitary Sewer Cross Connection Removal and Water Main Project (Pike Park) is to remove direct connections of storm drain runoff to the sanitary sewer system and provide necessary storm drain improvements resulting from the removal of the cross connections, and WHEREAS, the City of Modesto’s JM Pike Park Stormwater to Sanitary Sewer Cross Connection Removal and Water Main Project proposes to capture, treat, and infiltrate stormwater runoff to augment groundwater supplies, reduce flood-related damage, and improve the quality of stormwater runoff percolating to the underlying groundwater basin, and
WHEREAS, the City of Modesto’s JM Pike Park Project will also strengthen and replace the water infrastructure, and
WHEREAS, the City Water Division has identified this area as having an aged and undersized water system prone to frequent maintenance issues such as low pressures and leaks, and
WHEREAS, mains and services are located in alleys and need to be relocated to the streets for easier maintenance, and
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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, however, staff proceeded through an RFP process pursuant to Administrative Directive 3.1.

NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Modesto that it hereby approves an Agreement with Woodard & Curran, Inc., Sacramento, CA for Final Design Services for the JM Pike Park Stormwater to Sanitary Sewer Cross Connection Removal and Water Main Project, in an amount not to exceed $1,914,421 for the identified scope of services plus $191,443 in additional services, if needed, for a total amount not to exceed $2,105,864.

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.

AYES: Councilmembers:
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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 2022/23 CAPITAL
IMPROVEMENT PROGRAM BUDGET IN THE AMOUNT OF $9,101,535 TO BE TRANSFERRED INTO THE PROJECTS 101313 AND 100851 FROM

WASTEWATER AND WATER FUND RESERVES IN ORDER TO FULLY FUND

THE JM PIKE PARK STORMWATER TO SANITARY SEWER CROSS

CONNECTION REMOVAL AND WATER MAIN PROJECT
WHEREAS, certain budgetary transactions are necessary in the amount of $9,101,535, in order to fully fund the JM Pike Park Stormwater to Sanitary Sewer Cross Connection Removal and Water Main Project, and
WHEREAS, the Fiscal Year 2022/23 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 2022/23 Capital Improvement Program Budget in the amount of $9,101,535.

BE IT FURTHER RESOLVED that the City Manager, or his designee, is hereby authorized to implement the provisions of this resolution. #13..
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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 14th of June 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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Updated: June 2020
City of Modesto
Finding of Conformance to
Wastewater System EIR:

Initial Study Environmental Checklist
EA/UTL No. 2020-09
For the proposed:

JM Pike Park Stormwater to Sanitary CrossConnection Removal Project Prepared by:

City of Modesto
Utilities Department
June 2020
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Updated: June 2020
(Intentional Blank Page)
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City of Modesto Initial Study EA/Utilities No. 2020-09
Wastewater System EIR 1 June 2020
City of Modesto
Wastewater System EIR
Initial Study Environmental Checklist
I. PURPOSE
CEQA allows for the limited environmental review of subsequent projects under the City’s Wastewater System Environmental Impact Report (SCH# 2013082006) (“EIR”). The Wastewater System EIR updates and replaces earlier Wastewater Master Plan analysis. This Initial Study Environmental Checklist (“Initial Study”) is used in determining whether the JM Pike Park Stormwater to Sanitary Cross-Connection Removal Project is “within the scope” of the project analyzed in the Wastewater System EIR (SCH# 2013082006) (Public Resources Code section 21157.1). If the Initial Study supports this conclusion, the City will issue a finding of conformance.

A subsequent project is “within the scope” of an EIR when:

1. it will have no additional significant effects on the environment that were not addressed as significant effects in the EIR; and

2. no new or additional mitigation measures or alternatives are required. “Additional significant effects” means a project-specific effect that was not addressed as a significant effect in the Master EIR. [Public Resources Code Section 21158(d)] This analysis is for conformance with the 2019 Wastewater System Environmental Impact Report (SCH# 2013082006).

II. PROJECT DESCRIPTION
A. Title: JM Pike Park Stormwater to Sanitary Cross-Connection Removal Project B. Address or Location: Modesto, Stanislaus County. The JM Pike Park Stormwater to Sanitary Cross-Connection Removal Project includes installation of facilities within JM Pike Park, located at the northwest corner of the intersection of Kearney Ave. and Princeton Ave., and piping and rockwell work within public street ROW in the surrounding tributary area as depicted in Figures 2 and 3. Within Stanislaus County. Latitude: 37.66° N, Longitude: 121.02° W. A location map is attached as Figure 1.

Applicant: City of Modesto
Engineering Department
1010 Tenth Street, Suite 4600
P. O. Box 642
Modesto, CA 95353
D. City Contact Person:

Project Manager: Miguel Alvarez
Department: Engineering Department
Phone Number: (209) 577-5348
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City of Modesto Initial Study EA/Utilities No. 2020-09
Wastewater System EIR 2 June 2020
E-mail address: [email protected]
E. Current General Plan Designation(s): Primarily R (Residential) with small areas of C (Commercial) and MU (Mixed Use).

F. Current Zoning Classification(s): The park site where most construction will take place is zoned R-1. The piping directing flow to the retention will be installed within City street rights of way in areas zoned primarily R-1 with some R-2, R-3, C-1, and M-1.

G. Surrounding Land Uses: A retention/infiltration facility will be constructed in JM Pike Park.

Construction activities related to cross-connection removal will take place within street ROW in surrounding existing developed neighborhoods including residential, parks and schools, and nearby commercial and industrial areas. The residential land uses are predominantly singlefamily residential uses with some multi-family structures.

H. Project Description:

The JM Pike Park Stormwater to Sanitary Cross-Connection Removal Project is the third of four phases of cross connection removal projects in the City of Modesto. The JM Pike Park project proposes to remove nine (9) storm drain to sewer cross-connections and twenty eight (28) failed rock wells within a 74-acre tributary area. In their place, approximately 1,170 feet of 18 inch, 1,949 feet of 24 inch, 1,758 of 30 inch, 3,281 feet of 36 inch, 645 feet of 42 inch, and 2,081 feet of 48 inch storm drain piping will be installed to convey storm runoff to an underground storm drainage retention/infiltration system at JM Pike Park.

Currently, the cross-connections and rock wells provide storm water drainage for residents and businesses within the defined 78-acre area. The cross connections capture excess storm water which then flows to the City’s primary wastewater treatment facility. These storm drain/sanitary sewer connections reduce localized neighborhood flooding and increase the volume of wet weather flows in the sanitary sewers and treatment plants. During storm events, these connections affect capacity in the sanitary sewer collection system and wastewater treatment plants. The removal of these nine cross connections will alleviate some of the wet weather flows, (approximately 17.3 MG per year) experienced by the sanitary sewer system, thereby carrying out the proposed action to improve the City’s sewer operations through the removal of storm drainage cross connections as identified and established by the City’s 2007 Wastewater Master Plan as updated in 2016.

The re-routed storm water runoff will be conveyed through storm drain pipes to JM Pike Park where it will be received in an underground storage system. The storage system will provide retention of storm water for a 100-year, 24-hour storm event. Storm water will be pre-treated to remove trash, sediment, oil, grease, and other substances prior to infiltration and eventual recharge of groundwater.

Approximately 4.5 acres of the JM Pike park land will be affected by construction of this proposed project. The area affected will involve the temporary removal of turf areas and irrigation systems. The placement of underground storage facilities will require the removal of some trees. Upon completion of the underground retention storage facilities, the park will be restored with new turf and irrigation systems, playing fields, and site furnishings. Any trees removed will be replaced with trees, and landscaping will be updated with drought tolerant plants, and decomposed granite paving as established by the city.

The 100-year, 24-hour storm drainage retention volume for the JM Pike Park facility will be

22.8 acre feet. This capacity is based on a rainfall of 5.6 inches, the 100-year/6-day storm. #13..
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City of Modesto Initial Study EA/Utilities No. 2020-09
Wastewater System EIR 3 June 2020
The design percolation rate for the JM Pike Park facility is 16.9 inches per hour. A map showing the location of facilities to be installed is attached as Figure 2.

Described in Wastewater System EIR: Improvements to the City’s wastewater collection system, including the removal of storm drainage cross-connections and installation of alternative facilities for the collection and disposal of storm water, was provided for in the City’s Wastewater Master Plan and its EIR.

I. Other Public Agencies Whose Approval is Required:

California Department of Water Resources
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City of Modesto Initial Study EA/Utilities No. 2020-09
Wastewater System EIR 4 June 2020
FIGURE 1: LOCATION MAP
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City of Modesto Initial Study EA/Utilities No. 2020-09
Wastewater System EIR 5 June 2020
FIGURE 2: FACILITIES IN PARK
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City of Modesto Initial Study EA/Utilities No. 2020-09
Wastewater System EIR 6 June 2020
FIGURE 3: OVERALL PROJECT FACILITIES DIAGRAM
Pre-Treatment
Device
Underground
Storage System
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City of Modesto Initial Study EA/Utilities No. 2020-09
Wastewater System EIR 8 June 2020

4. Within the Scope Analysis of this Document:

The Wastewater System EIR allows projects to be found within the scope of the EIR if certain criteria are met. If the following statements are found to be true for all impact categories included in this Initial Study, then the proposed project is addressed by the analyses contained in the EIR and is within the scope of the EIR. Any “No” response must be discussed.

YES NO
(1) The lead agency for subsequent projects shall be the City of Modesto or a responsible agency identified in the Wastewater System EIR.
(2) City policies which reduce, avoid, or mitigate environmental effects will continue to be in effect and, therefore, would be applied to subsequent projects where appropriate. The policies are described in the list of policies in place and mitigation measures attached to the Initial Study template. Project impacts would be mitigated to a less-than-significant level using Wastewater System EIR mitigations only.
(3) Federal, State, regional, and Stanislaus County regulations do not change in a manner that is less restrictive on development than current law (i.e., would not offer the same level of protection assumed under the Wastewater System EIR). (4) No specific information concerning the known or potential presence of significant resources is identified in future reports, or through formal or informal input received from responsible or trustee agencies or other qualified sources. (5) The development will occur within the boundaries of the City’s planning area as established in this Urban Area General Plan.
(6) Development within the project will comply with all appropriate mitigation measures contained and enumerated in the Wastewater System EIR.

Discussion:
(1) The City of Modesto was the lead agency for the Wastewater Master Plan, the 2019 Wastewater System EIR, and is the lead agency for construction and operation of all wastewater system improvements. Each contract is approved at the sole discretion of the City Council of the City of Modesto.
(2, 6) All relevant and appropriate policies and mitigation measures identified in the Wastewater System EIR have been applied to the construction, operation, and maintenance of the JM Pike Park Stormwater to Sanitary Cross-Connection Removal Project. (3) Relevant Federal, State, regional, and County regulations have not become less restrictive since the Wastewater System EIR were certified.
(4) City staff is not aware of new information concerning the presence of significant resources in the project area.
(5) The JM Pike Park Stormwater to Sanitary Cross-Connection Removal Project lies within the city limits/sewer service area of the City of Modesto.

5. Currency of the Master EIR Document
The MEIR should be reviewed on a regular basis to determine its currency, and whether additional analysis/mitigation should be incorporated into the MEIR via a Supplemental or Subsequent EIR #13..
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City of Modesto Initial Study EA/Utilities No. 2020-09
Wastewater System EIR 9 June 2020
(CEQA Section 21157.6). Staff has reviewed the Wastewater System Upgrades Project MEIR in light of the criteria listed below to determine whether the Master EIR is current. The analysis contained within the Master EIR is current as long as the following circumstances have not changed. Any “no” response must be explained.

YES NO
(1) Certification of the Wastewater System EIR occurred less than five years prior to the filing of the application for this subsequent project.
(2) This project is described in the EIR and the project’s approval will not affect the adequacy of the EIR for any subsequent project because the City can make the following findings:
(a) No substantial changes have occurred with respect to the circumstances under which the EIR was certified.
(b) No new information, which was not known and could not have been known at the time the EIR was certified as complete, has become available. (c) Policies remain in effect which require site-specific mitigation, and avoidance or other mitigation of impacts as a prerequisite to future development.

Discussion:
(1) The Wastewater System EIR was certified in January 28, 2020, per Modesto City Council Resolution No. 2020-054.
(2) The removal of storm drain cross-connections and construction of facilities to handle drainage is specifically described in the Wastewater System EIR. The project addresses the removal of cross-connections specifically as assumed in the analysis and project description of the Wastewater Master Plan.
(a) No substantial changes have occurred with respect to the circumstances under which the EIR was certified.
(b) The City of Modesto is not aware of new information relating to potential environmental impacts that was not known at the time the EIR was certified. (c) All relevant mitigation measures identified in the Wastewater System EIR will be applied to the proposed project, as described below.

IV. ENVIRONMENTAL ANALYSIS
This Initial Study, in accordance with CEQA Guidelines 15162, discloses whether the proposed project may cause any project-specific significant effect on the environment that was not examined in the Wastewater System EIR and whether new or additional mitigation measures or alternatives may be required as a result. The Initial Study thereby documents whether or not the project is “within the scope” of the EIR.

Pursuant to CEQA Guidelines 15162, no new environmental document or findings are necessary for projects that are determined to be within the scope of the EIR. Adoption of the findings specified in Section III.1, above after completion of the Initial Study fulfills the City’s obligation in that respect.

All environmental effects cited reflect conditions resulting from the Wastewater Master Plan, as identified in the EIR.
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City of Modesto Initial Study EA/Utilities No. 2020-09
Wastewater System EIR 10 June 2020
The environmental impact analysis in the EIR for the Wastewater Master Plan is organized into subject areas. The following analysis is based on the impact analyses contained in the EIR. The EIR (and associated MMRP) identifies impacts and mitigation related to the following project components:

River Trunk Realignment, Collection System, and Treatment Plant Improvements. As the current project is a subset of the Collection System projects, only those impacts and mitigations related to the Collections System are considered in this document.
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City of Modesto Initial Study EA/Utilities No. 2020-09
Wastewater System EIR 11 June 2020

1. AESTHETICS AND VISUAL RESOURCES
a. Significant Effects Identified in the EIR
The EIR identifies the potential impacts on aesthetics/visual resources and the associated mitigation measures. Refer to Chapter 4 of the EIR for details.

Direct Impacts
Impact AES-1: Adverse Effects on Scenic Vistas. (Less than significant) Impact AES-2: Damage to Scenic Resources. (Less than significant) Impact AES-3: Degradation of Visual Character or Quality of Site and Surroundings During Construction (Less than significant with mitigation) Mitigation Measure AES-1: Locate Staging Areas Away from Public Areas and Install Screening.

Impact AES-4: Degradation of Visual Character or Quality of Site and Surroundings During Program Operation (Less than Significant)
Impact AES-5: Permanent Source of Substantial Light or Glare (Less than Significant) Cumulative Impacts
Impact CUM-1: Cumulative Impacts on Aesthetics (Less than Significant with Mitigation) (MM AES-1)
b. EIR and/or New Mitigation Measures Applied to the Project MM AES-1 Locate Staging Areas Away from Public Areas and Install Screening.

Discussion:

No new or additional mitigation measures or alternatives are required to reduce project impacts to a less-than-significant level.
c. Project-Specific Effects
Chapter 4 of the Wastewater Master Plan EIR identifies the potential impacts of implementing the Wastewater Master Plan on aesthetics/visual resources. The following is an analysis of whether the proposed project would result in a new, significant, project-specific effect not disclosed in the Wastewater Master Plan EIR.

Significance Criteria: Determination of project effects will be based on the following thresholds. The project-specific effects will be less than significant if impacts are equal to or less than impacts disclosed in the Wastewater Master Plan Master EIR. New impacts may result in new mitigation. #13..
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City of Modesto Initial Study EA/Utilities No. 2020-09
Wastewater System EIR 12 June 2020
Potentially
Significant
Impact, as
Compared to EIR
No Significant
Impact with
EIR Mitigation
Less Than
Significant or
No
Impact

1. AESTHETICS AND VISUAL RESOURCES
1) Have a substantial adverse effect on a scenic
vista.
2) Substantially damage scenic resources, including,
but not limited to, trees, rock outcroppings, and
historic buildings within a state scenic highway.
3) In non-urbanized areas, substantially degrade
the existing visual character or quality
of public views of the site and its surroundings.
4) Create a new source of substantial light or glare
that would adversely affect daytime
or nighttime views in the area.

Discussion:
1-4) The proposed project includes installation of storm water collection facilities and a sub-surface storm water disposal facility, and will not include permanent aboveground structures. 1) The project is not in the vicinity of any scenic vista. 2) The project is not in the vicinity of any scenic highway 3) The project is within the urbanized area
4) The project does not include a new lighting component #13..
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City of Modesto Initial Study EA/Utilities No. 2020-09
Wastewater System EIR 13 June 2020

2. AGRICULTURAL RESOURCES
a. Significant Effects Identified in the EIR
The Master EIR identifies the potential impacts on agricultural resources and their associated mitigation measures. Refer to Chapter 5 of the EIR for details.

Direct Impacts
Impact AG-1: Convert Prime Farmland, Unique Farmland, or Farmland of Statewide Importance to Non-agricultural Use (Significant and Unavoidable) Impact AG-2: Conflict with Existing Zoning for Agricultural Use or a Williamson Act Contract (Less than Significant)
Impact AG-3: Involve Other Changes in the Existing Environment Which, Due to Their Location or Nature, Could Result in Conversion of Farmland to Non-agricultural Use (Less than Significant)
Cumulative Impacts
Impact CUM-2: Cumulative Impacts on Agriculture (Significant and Unavoidable) b. Master EIR and/or New Mitigation Measures Applied to the Project Mitigation measures related to agricultural resources are discussed in Chapter 5 of the EIR.

Discussion:

No new or additional mitigation measures or alternatives are required to reduce project impacts to a less-than-significant level.
c. Project-Specific Effects
Chapter 5 of the EIR discloses impacts of implementing the Wastewater Master Plan on agricultural resources. The following is an analysis of whether the proposed project would result in a new, significant, project-specific effect not disclosed in the EIR.

Potentially
Significant
Impact, as
Compared to
EIR
No Significant
Impact with
EIR Mitigation
Less Than
Significant or
No
Impact

2. AGRICULTURAL RESOURCES
1) Convert Prime Farmland, Unique Farmland, or
Farmland of Statewide Importance (Farmland), as
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City of Modesto Initial Study EA/Utilities No. 2020-09
Wastewater System EIR 14 June 2020

Potentially
Significant
Impact, as
Compared to
EIR
No Significant
Impact with
EIR Mitigation
Less Than
Significant or
No
Impact
shown on the maps prepared pursuant to the
Farmland Mapping and Monitoring Program of the
California Resources Agency, to non-agricultural
use.
2) Conflict with existing zoning for agricultural use,
or a Williamson Act contract.
3) Involve other changes in the existing
environment which, due to their location or nature,
could result in conversion of Farmland, to nonagricultural use.

Discussion:
(1-3) All construction would occur within existing rights-of-way and City park and would not affect farmland. The project would not provide new wastewater capacity beyond that identified in the EIR.
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City of Modesto Initial Study EA/Utilities No. 2020-09
Wastewater System EIR 15 June 2020

3. AIR QUALITY
a. Significant Effects Identified in the EIR
Chapter 6 of the EIR identifies the potential impacts on air quality and greenhouse gas emissions and the associated mitigation measures. Refer to Chapter 6 in the EIR for details, including detailed descriptions of requirements associated with each mitigation measure.

Direct Impacts
Impact AQ-1: Conflict with or Obstruct Implementation of an Applicable Air Quality Plan (Significant and Unavoidable)
Mitigation measures that would address construction emissions and operational emissions are discussed under Impact AQ-2.

Impact AQ-2: Violate Any Air Quality Standard or Contribute Substantially to an Existing or Projected Air Quality Violation (Less than Significant with Mitigation) Mitigation Measure AQ-1: Implement SJVAPCD Regulation VIII Control Measures for Construction Emissions of PM10
Mitigation Measure AQ-2: Implement Enhanced Control Measures for Construction Emissions of PM10
Mitigation Measure AQ-3: Implement Control Measures for Operation Emissions of PM10 and for Ozone Precursors (ROG and NOx) (note: this Measure is not applicable to the current project as it is a gravity flow facility with no pumps or other mechanical equipment) Impact AQ-4: Expose Sensitive Receptors to Substantial Pollutant Concentrations (Less than Significant with Mitigation)
Mitigation measures that would address construction emissions and operational emissions are discussed under Impact AQ-2.

Cumulative Impacts
Impact AQ-3: Result in a Cumulatively Considerable Net Increase of Any Criteria Pollutant for Which the Project Region Is Non-Attainment Under an Applicable Federal or State Ambient Air Quality Standard (Significant and Unavoidable) b. EIR and/or New Mitigation Measures Applied to the Project Mitigation measures related to air quality are found in Chapter 6 of the EIR Discussion:

No new or additional mitigation measures or alternatives are required to reduce project impacts to a less-than-significant level.
c. Project-Specific Effects
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City of Modesto Initial Study EA/Utilities No. 2020-09
Wastewater System EIR 16 June 2020
Chapter 6 of the EIR identifies the potential impacts of implementing the Wastewater Master Plan on air quality. The following is an analysis of whether the proposed project would result in a new, significant, project-specific effect not disclosed in the EIR.

Potentially
Significant
Impact, as
Compared to
MEIR
No Significant
Impact with
MEIR
Mitigation
Less Than
Significant or
No
Impact

3. AIR QUALITY
1) Conflict with or obstruct implementation of the
applicable air quality plan.
2) Violate any air quality standard or contribute
substantially to an existing or projected air quality
violation.
3) Expose sensitive receptors to substantial
pollutant concentrations; or create objectionable
odors affecting a substantial number of people..

Cumulative Impacts:
4) Result in a cumulatively considerable net
increase of any criteria pollutant for which the
project region is non-attainment under an
applicable federal or state ambient air quality
standard (including releasing emissions which
exceed quantitative thresholds for ozone
precursors).

Discussion:
(1-2) Construction activities could contribute to existing violations of air quality standards.

Mitigation Measures AQ-1 and AQ-2 will be implemented as part of the construction process.

The San Joaquin Air Pollution Control District will be consulted and that agency’s recommendations will be implemented. The proposed project is a gravity-flow facility and would not result in operational emissions.
(3) The proposed project involves storm water only and would not involve emission of objectionable odors or other toxic air contaminants. Project design includes screening and removal of trash, sediment, oil, grease, and other substances prior to entry to the infiltration facility, further precluding the possibility of generation of odor.

Cumulative Impacts:
(4) The proposed project is designed and intended to remove stormwater from the wastewater stream and will not create any new unanticipated capacity for growth. It is a gravity flow facility and will not create any operational emissions. The project would not provide new wastewater capacity beyond that identified in the EIR.
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City of Modesto Initial Study EA/Utilities No. 2020-09
Wastewater System EIR 17 June 2020

4. BIOLOGICAL RESOURCES
a. Significant Effects Identified in the EIR
Chapter 7 of the EIR identifies the potential impacts on biological resources and the associated mitigation measures. Refer to Chapter 7 of the EIR for details including detailed descriptions of requirements associated with each mitigation measure.

Direct Impacts
Impact BIO-1: Impacts on Special-Status Plants (Less than Significant with Mitigation) Mitigation Measure BIO-1: Perform Focused Surveys for Special-status Plant Species. (Not applicable as the site does not include any grasslands, valley and foothill riparian wetlands, or vernal pools)
Impact BIO-2: Impacts on Vernal Pool Branchiopods and Western Spadefoot (Less than Significant with Mitigation)
Mitigation Measure BIO-3: Avoid Impacts on Vernal Pool Branchiopods, Western Spadefoot, and Their Habitat. (Not applicable as the site does not include any wetlands or vernal pools)
Impact BIO-3: Impacts on Valley Elderberry Longhorn Beetle (Less than Significant with Mitigation)
Mitigated through Mitigation Measures BIO 5, 6, and 7; these measures are not applicable to collection system projects such as the cross-connection reduction project.

Impact BIO-4: Impacts on Special-status Fishes (Less than Significant with Mitigation) Not applicable to collection system projects not near waterways, such as the cross-connection reduction project.

Impact BIO-5: Impacts on Western Pond Turtle (Less than Significant with Mitigation) Not applicable to collection system projects not near waterways, such as the cross-connection reduction project.

Impact BIO-6: Impacts on Burrowing Owl (Less than Significant with Mitigation) Mitigation Measure BIO-9: Conduct Pre-construction Surveys for Burrowing Owls and Implement No-Work Buffer Areas If Necessary. (The EIR identifies the potential for burrowing owl associated with some program-level components occurring in in grassland or agricultural habitat. The cross connection removal project does not include any grassland or agricultural habitat.)
Impact BIO-7: Impacts on Golden Eagle and Bald Eagle (Less than Significant) #13..
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City of Modesto Initial Study EA/Utilities No. 2020-09
Wastewater System EIR 18 June 2020
Impact BIO-8: Impacts on Raptors, Including Special-status Species (Less than Significant with Mitigation)
Mitigation Measure BIO-10: Avoid and Minimize Impacts on Raptors, including Special-status Species.

Mitigation Measure BIO-11: Compensate for Loss of Raptor Foraging Habitat. (Not applicable:

No raptor foraging habitat currently exists on the project site) Impact BIO-9: Impacts on Special-status Passerine Species and Birds Protected under the MBTA (Less than Significant with Mitigation)
Mitigation Measure BIO-12: Conduct Pre-construction Surveys for Nesting Birds and Implement No-Work Buffer Areas If Necessary. (Not applicable: applicable only to projects that take place at the Sutter and Jennings Plants, Tuolumne River and Dry Creek) Impact BIO-10: Impacts on Special-status Mammals (Less than Significant) Impact BIO-11: Impacts on Riparian Habitat and Other Sensitive Natural Communities (Less than Significant with Mitigation)
Not applicable as the cross connection removal project does not traverse riparian habitat or associated wetlands
Impact BIO-12: Impacts on Federally Protected Wetlands (Less than Significant with Mitigation) Not applicable as the cross connection removal project is confined to upland areas.

Impact BIO-13: Impacts on Wildlife Movement, Established Wildlife Corridors, or the Use of Native Wildlife Nursery Sites (Less than Significant with Mitigation) Mitigation Measure BIO-15: Install Temporary Trench Plates over Open Trenches.

Impact BIO-14: Conflict with Local Ordinances or Policies Protecting Biological Resources (Less than Significant with Mitigation)
Implementation of applicable mitigation measures identified above.

Cumulative Impacts
Impact CUM-3: Cumulative Impacts on Biological Resources (Less than Significant with Mitigation)
b. Master EIR and/or New Mitigation Measures Applied to the Project Mitigation measures related to biological resources are identified and described in Chapter 7 of the EIR.

Discussion:

No new or additional mitigation measures or alternatives are required to reduce project impacts to a less-than-significant level.
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City of Modesto Initial Study EA/Utilities No. 2020-09
Wastewater System EIR 19 June 2020
c. Project-Specific Effects
Chapter 7 of the EIR identifies the potential impacts of implementing the Wastewater Master Plan on biological resources. The following is an analysis of whether the proposed project would result in a new, significant, project-specific effect not disclosed in the EIR.

Potentially
Significant
Impact, as
Compared to
MEIR
No Significant
Impact with
MEIR
Mitigation
Less Than
Significant
or
No
Impact

4. BIOLOGICAL RESOURCES
1) Have a substantial adverse effect, either directly
or through habitat modifications, on any species
identified as a candidate, sensitive, or special status species in local or regional plans, policies, or
regulations, or by CDFW or USFWS.
2 Have a substantial adverse effect on any riparian
habitat or other sensitive natural community
identified in local or regional plans, policies,
regulations or by CDFW or USFWS.
3) Have a substantial adverse effect on state or
federally protected wetlands as defined by Section
404 of the CWA (including, but not limited to,
marsh, vernal pool, coastal, etc.) through direct
removal, filling, hydrological interruption, or other
means.
4) Interfere substantially with the movement of any
native resident or migratory fish or wildlife species
or with established native resident or migratory
wildlife corridors, or impede the use of native
wildlife nursery sites.
5) Conflict with any local policies or ordinances
protecting biological resources, such as a tree
preservation policy or ordinance.
6) Conflict with the provisions of an adopted Habitat
Conservation Plan, Natural Community Conservation
Plan, or other approved local, regional, or state
habitat conservation plan.

Discussion:
(1) The project is located within existing street rights-of-way and park. The project incorporates all identified mitigation.
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City of Modesto Initial Study EA/Utilities No. 2020-09
Wastewater System EIR 20 June 2020
(2-3) The project is located within existing street rights-of-way and park. The site does not include nor is near to any wetlands, vernal pools, or other riparian habitat. (4) The project is located within existing street rights-of-way and park. Mitigation BIO-15 is incorporated into the project.
(5) The project is located within existing street rights-of-way and park. Removal of stormwater cross-connections from sanitary is specifically envisioned in the City’s plans and policies. (6) The project is located within existing street rights-of-way and park. No HCP, NCCP, or other approved habitat conservation plan is applicable to the project area. #13..
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City of Modesto Initial Study EA/Utilities No. 2020-09
Wastewater System EIR 21 June 2020

5. CULTURAL, PALEONTOLOGICAL, AND TRIBAL CULTURAL RESOURCES a. Significant Effects Identified in the EIR
Chapter 8 of the EIR identifies the potential impacts on biological resources and the associated mitigation measures. Refer to Chapter 8 of the EIR for details including detailed descriptions of requirements associated with each mitigation measure.

Direct Impacts
Impact CR-1: Impacts on Known Historic, Archaeological, or Tribal Resources (Less than Significant)
Impact CR-2: Impacts on Previously Undiscovered Archaeological Resources (Less than Significant with Mitigation)
Mitigation Measure CR-1: Conduct Cultural Resources Awareness Training for Construction Workers Prior to Beginning Work.

Impact CR-3: Disturb Any Human Remains, Including those Interred Outside of Dedicated Cemeteries (Less than Significant with Mitigation)
Impact CR-4: Impacts on Paleontological Resources (Less than Significant with Mitigation) Impact CR-5: Potential for a Substantial Adverse Impact on Tribal Cultural Resources (Less than Significant with Mitigation)
Cumulative Impacts
Impact CUM-4: Cumulative Impacts on Cultural ,Paleontological Resources, and Tribal Cultural Resources (Less than Significant with Mitigation) b. Master EIR and/or New Mitigation Measures Applied to the Project Mitigation measures related to biological resources are identified in Chapter 8 of the EIR.

Discussion:

No new or additional mitigation measures or alternatives are required to reduce project impacts to a less-than-significant level.
c. Project-Specific Effects
Chapter 8 of the EIR identifies the potential impacts of implementing the Wastewater Master Plan on cultural, paleontological, and tribal cultural resources. The following is an analysis of whether the proposed project would result in a new, significant, project-specific effect not disclosed in the EIR. #13..
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City of Modesto Initial Study EA/Utilities No. 2020-09
Wastewater System EIR 22 June 2020
Significance Criteria: Determination of project effects will be based on the following thresholds. The project-specific effects will be less than significant if impacts are equal to or less than impacts disclosed in the Master EIR. New impacts may result in new mitigation.

Potentially
Significant
Impact, as
Compared to
MEIR
No Significant
Impact with
MEIR
Mitigation
Less Than
Significant
or
No
Impact

5. CULTURAL, PALEONTOLOGICAL, AND TRIBAL

CULTURAL RESOURCES

1) Cause a substantial adverse change in the significance of a historical resource as defined in Section 15064.5. 2) Cause a substantial adverse change in the significance of an archaeological resource pursuant to Section
15064.5.
3) Directly or indirectly destroy a unique paleontological resource or site or unique geologic feature.
4) Disturb any human remains, including those interred
outside of dedicated cemeteries.
5) Cause a substantial adverse change in the significance of a TCR, defined in Pub. Res. Code Section 21074 as
either a site, feature, place, cultural landscape that is geographically defined in terms of the size and scope of the landscape, sacred place, or object with cultural value to a California Native American Tribe, and that is:
Listed or eligible for listing in the California Register of Historical Resources, or in a local register of historical resources as defined in Pub. Res. Code Section
345020.1(k), or
A resource determined by the lead agency, in its
discretion and supported by substantial evidence, to be significant pursuant to criteria set forth in subdivision 37(c) of Pub. Res. Code Section 5024.1. In applying the criteria set forth in subdivision (c) of Pub. Res. Code Section 5024.1 for the purposes of this paragraph, the
lead agency shall consider the significance of the
resource to a California Native American tribe.

Discussion:
(1-5) The project is located within existing street rights-of-way and park. The potential for impact is minimal and will be mitigated by implementation of MM CR-1 and existing City policies and regulations

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City of Modesto Initial Study EA/Utilities No. 2020-09
Wastewater System EIR 23 June 2020

6. GEOLOGY, SOILS ,AND SEISMICITY
a. Significant Effects Identified in the EIR
Chapter 9 of the EIR identifies the potential impacts on geology, soils, and seismicity, and the associated mitigation measures. Refer to Chapter 9 of the EIR for details including detailed descriptions of requirements associated with each mitigation measure.

Direct Impacts
Impact GEO-1: Cause Damage to Facilities and Exposure of People to Hazards from Strong Seismic Events, Including Ground Shaking or Landslides (Less than Significant) Impact GEO-2: Result in Risk to Property and Life from Expansive Soils (Less than Significant) Impact GEO-3: Result in Substantial Soil Erosion or Loss of Topsoil (Less than Significant) Impact GEO-4: Result in Subsidence, Liquefaction, or Collapse Due to Seismic Activity or an Unstable Geologic Unit or Soil (Less than Significant)
Cumulative Impacts
None
b. Master EIR and/or New Mitigation Measures Applied to the Project No Mitigation measures were identified as required for this topic Discussion:

No new or additional mitigation measures or alternatives are required to reduce project impacts to a less-than-significant level.
c. Project-Specific Effects
Chapter 9 of the EIR identifies the potential impacts of implementing the Wastewater Master Plan on geology, soils, and seismicity. The following is an analysis of whether the proposed project would result in a new, significant, project-specific effect not disclosed in the EIR.

Potentially
Significant
Impact, as
Compared to
MEIR
No Significant
Impact with
MEIR
Mitigation
Less Than
Significant or
No
Impact

6. GEOLOGY, SOILS ,AND SEISMICITY
1) Expose people or structures to potential
substantial adverse effects, including the risk of
loss, injury, or death involving:
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City of Modesto Initial Study EA/Utilities No. 2020-09
Wastewater System EIR 24 June 2020

Potentially
Significant
Impact, as
Compared to
MEIR
No Significant
Impact with
MEIR
Mitigation
Less Than
Significant or
No
Impact
−Rupture of a known earthquake fault, as
delineated on the most recent Alquist-Priolo
Earthquake Fault Zoning Map issued by the State
Geologist for the area or based on other substantial
evidence of a known fault;
−Strong seismic ground shaking;
−Seismic-related ground failure, including
liquefaction; or
−Landslides.
2) Result in substantial soil erosion or the loss of
topsoil.
3) Be located on a geologic unit or soil that is
unstable, or that would become unstable as a result
of the project, and potentially result in on-or off-site landslide, lateral spreading, subsidence, liquefaction
or collapse.
4) Be located on expansive soil, as defined in Table
18-1-B of the Uniform Building Code
(1994), creating substantial risks to life or property. 5) Have soils incapable of adequately supporting
the use of septic tanks or alternative waste water
disposal systems where sewers are not available for
the disposal of waste water.

Discussion:
(1-4) The project is located within existing park and street rights of way. The project has no potential for any of the potential geological, soils, or seismic impacts beyond those identified in the EIR and determined to be less than significant.
5) The project is within the area served by the Modesto sanitary sewer system but does not provide for any uses generating wastewater.
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City of Modesto Initial Study EA/Utilities No. 2020-09
Wastewater System EIR 25 June 2020

7. GREENHOUSE GAS EMISSIONS AND ENERGY RESOURCES
a. Significant Effects Identified in the EIR
Chapter 10 of the MEIR identifies the potential impacts on greenhouse gas emissions and energy resources and the associated mitigation measures. Refer to Chapter 10 in the EIR for details.

Impacts
Impact GHG-1: Generate a Substantial Amount of GHG Emissions (Significant and Unavoidable) Impact GHG-2: Conflict with an Applicable Plan, Policy, or Regulation Adopted for the Purpose of Reducing Emissions of GHGs (Significant and Unavoidable) Impact GHG-3: Cause Wasteful, Inefficient, and Unnecessary Consumption of Energy During Construction, Operation, and/or Maintenance (Less than Significant) Impact GHG-4: Cause a Substantial Increase in Energy Demand and the Need for Additional Energy Resources (Less than Significant)
b. EIR and/or New Mitigation Measures Applied to the Project Mitigation measures related to greenhouse gas emissions and energy resources are found in Chapter 10 of the EIR (no mitigation measures).

Discussion:

No new or additional mitigation measures or alternatives are required to reduce project impacts to a less-than-significant level.
c. Project-Specific Effects
Chapter 10 of the EIR identifies the potential impacts of implementing the Wastewater Master Plan on greenhouse gas emissions and energy resources. The following is an analysis of whether the proposed project would result in a new, significant, project-specific effect not disclosed in the EIR.

Potentially
Significant
Impact, as
Compared to
MEIR
No Significant
Impact with
MEIR
Mitigation
Less Than
Significant or
No
Impact

7. GREENHOUSE GAS EMISSIONS AND

ENERGY RESOURCES

1) Generate a substantial amount of GHG
emissions
2) Conflict with an applicable plan, policy, or
regulation adopted for the purpose of reducing
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City of Modesto Initial Study EA/Utilities No. 2020-09
Wastewater System EIR 26 June 2020
Discussion:
(1-2) The proposed project is a gravity-flow facility and would not result in energy use during operation. Construction will be subject to best-practice policies and regulations. The project is consistent with the adopted Wastewater Master Plan and will not result in any new additional emissions.
(3-4) The proposed project is a gravity-flow facility and would not result in energy use during operation. Construction will be subject to best-practice policies and regulations. emissions of GHGs.
3) Cause wasteful, inefficient, and unnecessary
consumption of energy during construction or
operation.
4) Cause a substantial increase in energy demand
and the need for additional energy resources.
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City of Modesto Initial Study EA/Utilities No. 2020-09
Wastewater System EIR 27 June 2020

8. HAZARDS AND HAZARDOUS MATERIALS
a. Significant Effects Identified in the Master EIR
The EIR identifies the potential impacts related to hazards and hazardous materials and the associated mitigation measures, and the EIR incorporates this discussion into Chapter 11, Hazards and Hazardous Materials. Refer to Chapter 11 of the EIR for details.

Direct Impacts
Impact HAZ-1: Create a Substantial Hazard to the Public or the Environment through the Routine Transport, Use, or Disposal of Hazardous Materials during Construction (Less than Significant)
Impact HAZ-2: Create a Substantial Hazard to the Public or the Environment through the Routine Transport, Use, or Disposal of Hazardous Materials during Operation (Less than Significant)
Impact HAZ-3: Create a Significant Hazard to the Public or the Environment through Reasonably Foreseeable Upset and Accident Conditions Involving the Release of Hazardous Materials into the Environment during Construction (Less than Significant) Impact HAZ-4: Create a Significant Hazard to the Public or the Environment through Reasonably Foreseeable Upset and Accident Conditions Involving the Release of Hazardous Materials into the Environment during Operation (Less than Significant) Impact HAZ-5: Emit Hazardous Emissions or Handle Hazardous or Acutely Hazardous Materials, Substances, or Waste within 0.25 Mile of an Existing or Proposed School (Less than Significant)
Impact HAZ-6: Location on a Site Which Is Included on a List of Hazardous Materials Sites Compiled Pursuant to Government Code Section 65962.5 and, as a Result, Create a Significant Hazard to the Public or the Environment (Less than Significant) Impact HAZ-7: Location in an Airport Land Use Plan or within 2 Miles of a Public Airport, Resulting in a Safety Hazard for People Residing or Working in the Program Area (Less than Significant)
Impact HAZ-8: Impair Implementation of or Physically Interfere with an Adopted Emergency Response Plan or Emergency Evacuation Plan (Less than Significant) Impact HAZ-9: Expose People or Structures, either directly or indirectly, to a Significant Risk of Loss, Injury, or Death Involving Wildland Fires (No Impact) Cumulative Impacts
None
b. Master EIR and/or New Mitigation Measures Applied to the Project Mitigation measures related to hazard and hazardous materials appear in Chapter 11 of EIR (no mitigation measures).
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City of Modesto Initial Study EA/Utilities No. 2020-09
Wastewater System EIR 28 June 2020
Discussion:

No new or additional mitigation measures or alternatives are required to reduce project impacts to a less-than-significant level.
c. Project-Specific Effects
Section IV.J of the Wastewater Master Plan MEIR identifies the potential impacts of implementing the Wastewater Master Plan on public health and safety related to hazardous materials. The following is an analysis of whether the proposed project would result in a new, significant, project-specific effect not disclosed in the Wastewater Master Plan MEIR.

Potentially
Significant
Impact, as
Compared to
MEIR
No Significant
Impact with
MEIR
Mitigation
Less Than
Significant or
No
Impact

8. HAZARDS AND HAZARDOUS MATERIALS
1) Create a significant hazard to the public or the
environment through reasonably foreseeable upset
and accident conditions involving the release of
hazardous materials into the environment.
2) Emit hazardous emissions or handle hazardous or
acutely hazardous materials, substances, or waste
within one-quarter mile of an existing or proposed
school.
3) Be located on a site which is included on a list of
hazardous materials sites compiled pursuant to
Government Code Section 65962.5 and, as a result,
would it create a significant hazard to the public or
the environment.
4) For a project located within an airport land use
plan or, where such a plan has not been adopted,
within two miles of a public airport or public use
airport, the project would result in a safety hazard
or excessive noise for people residing or working in
the project area.
5) Impair implementation of or physically interfere
with an adopted emergency response plan or
emergency evacuation plan
6) Expose people or structures, either directly or
indirectly, to a significant risk of loss, injury or
death involving wildland fires, including where
wildlands are adjacent to urbanized areas or where
residences are intermixed with wildlands
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City of Modesto Initial Study EA/Utilities No. 2020-09
Wastewater System EIR 29 June 2020
Discussion:
(1-2) The proposed project will not employ hazardous materials. No impact is expected and no mitigation is necessary.
(3) The project is not proposed on a 65962.5 site.

(4) The project does not include above-ground features above one-story in height. (5) The project will not result in any changes to emergency routs or affect any emergency response or evacuation plan.
(6) The project is not in or adjacent to any wildland.
#13..
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City of Modesto Initial Study EA/Utilities No. 2020-09
Wastewater System EIR 30 June 2020

9. HYDROLOGY AND WATER QUALITY
a. Significant Effects Identified in the Master EIR
Chapter 12 of the EIR identifies the potential impacts on hydrology and water quality and the associated mitigation measures. Refer to Chapter 12 the EIR for details.

Direct Impacts
Impact HYD/WQ-1: Violate Any Water Quality Standards or Waste Discharge Requirements or Otherwise Degrade Water Quality during Construction (Less than Significant with Mitigation)
Mitigation Measure HYD/WQ-1: Prepare and Implement a Frac-Out Contingency Plan for Trenchless Pipeline Installation Methods. (not applicable to the class of projects including stormwater cross connection removal).

Impact HYD/WQ-2: Violate Any Water Quality Standards or Waste Discharge Requirements or Otherwise Degrade Water Quality during Operation (Less than Significant) Impact HYD/WQ-3: Substantially Deplete Groundwater Supplies or Interfere Substantially with Groundwater Recharge Such That There Would be a Net Deficit in Aquifer Volume or a Lowering of the Local Groundwater Table Level (Less than Significant) Impact HYD/WQ-4: Substantially Alter the Existing Drainage Pattern of the Site or Area Such as to Result in Substantial Erosion, Siltation, or Flooding On-or Off-Site (Less than Significant)
Impact HYD/WQ-5: Create or Contribute Runoff Water Which Would Exceed the Capacity of Existing or Planned Stormwater Drainage Systems or Provide Substantial Additional Sources of Polluted Runoff (Less than Significant) Impact HYD/WQ-6: Place Within a 100-year Flood Hazard Area Structures Which Would Impede or Redirect Flood Flows (Less than Significant with Mitigation) Impact HYD/WQ-7: Expose People or Structures to a Significant Risk of Loss, Injury, or Death Involving Flooding, Including Flooding as a Result of the Failure of a Levee or Dam (Less than Significant)
Cumulative Impacts
Impact CUM-5: Cumulative Impacts on Hydrology and Water Quality (Less than Significant with Mitigation)
b. Master EIR and/or New Mitigation Measures Applied to the Project Discussion:

No new or additional mitigation measures or alternatives are required to reduce project impacts to a less-than-significant level.
#13..
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City of Modesto Initial Study EA/Utilities No. 2020-09
Wastewater System EIR 31 June 2020
c. Project-Specific Effects
Chapter 12 of the EIR identifies the potential impacts of implementing the Wastewater Master Plan on hydrology and water quality. The following is an analysis of whether the proposed project would result in a new, significant, project-specific effect not disclosed in the EIR.

Potentially
Significant
Impact, as
Compared to
MEIR
No Significant
Impact with
MEIR
Mitigation
Less Than
Significant or
No
Impact

9. HYDROLOGY AND WATER QUALITY
1) Violate any water quality standards or waste
discharge requirements.
2) Substantially deplete groundwater supplies or
interfere substantially with ground-water recharge
such that there would be a net deficit in aquifer
volume or a lowering of the local groundwater table
level (e.g., the production rate of pre-existing
nearby wells would drop to a level which would not
support existing land uses or planned uses for
which permits have been granted).
3) Substantially alter the existing drainage pattern
of the site or area, including through the alteration
of the course of a stream or river, in a manner
which would result in substantial erosion or siltation
on-or off-site.
4) Create or contribute runoff water which would
exceed the capacity of existing or planned
stormwater drainage systems or provide substantial
additional sources of polluted runoff or otherwise
substantially degrade water quality.
5) Place housing within a 100-year flood hazard
area as mapped on a federal Flood Hazard
Boundary or Flood Insurance Rate Map or other
flood hazard delineation map.
6) Place within a 100-year flood hazard area
structures which would impede or redirect flood
flows.
7) Expose people or structures to a significant risk
of loss, injury or death involving flooding, including
flooding as a result of the failure of a levee or dam
or inundation by seiche, tsunami, or mudflow.
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City of Modesto Initial Study EA/Utilities No. 2020-09
Wastewater System EIR 32 June 2020

Potentially
Significant
Impact, as
Compared to
MEIR
No Significant
Impact with
MEIR
Mitigation
Less Than
Significant or
No
Impact
8) The project would include construction activities
within the San Joaquin River channel and on nearby
levees and would include placement of a permanent
structure in the San Joaquin River channel. These
activities could affect river flow patterns and
degrade water quality.

Discussion:
(1) The proposed project is for removal of stormwater cross connections to the sanitary sewer system and provides for retention of stormwater the site is not adjacent to or connected to any waterway.
(2) The project would not use groundwater resources and would contribute to groundwater recharge.
(3) The project will not alter any existing drainage pattern with potential for erosion or siltation. (4) This project will eliminate cross-connections with the storm water drainage system. The project design provides for an alternate system of storm water disposal of better effectiveness than the existing system
(5-7) No housing or other structures will be constructed in connection with the project. (8) The project is not within or in proximity to the San Joaquin River channel. #13..
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City of Modesto Initial Study EA/Utilities No. 2020-09
Wastewater System EIR 33 June 2020

10. LAND USE AND PLANNING
a. Significant Effects Identified in the Master EIR
Chapter 13 of the EIR identifies the potential impacts on land use and planning and their associated mitigation measures. Refer to Chapter 13 of the EIR for details.

Direct Impacts
Impact LU-1: Divide an Established Community (Less than Significant) Impact LU-2: Conflict with Land Use Plans, Policies, or Regulations Adopted for the Purpose of Avoiding or Mitigating an Environmental Effect (Less than Significant) Cumulative Impacts
None
b. Master EIR and/or New Mitigation Measures Applied to the Project No mitigation measures related to land use, plans, and policies are proposed in the Master EIR.

Discussion:

There are no mitigation measures proposed in the Master EIR because no significant impacts on land use were identified. No new or additional mitigation measures or alternatives are required to reduce project impacts to a less-than-significant level.
c. Project-Specific Effects
Chapter 13of the EIR identifies the potential impacts of implementing the Wastewater System Update on land use and planning. The following is an analysis of whether the proposed project would result in a new, significant, project-specific effect not disclosed in the EIR.

Potentially
Significant
Impact, as
Compared to
MEIR
No Significant
Impact with
MEIR
Mitigation
Less Than
Significant or
No
Impact

10. LAND USE AND PLANNING
1) Physically divide an established community.
2) Cause a significant environmental impact due to
a conflict with any land use plan, policy, or
#13..
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City of Modesto Initial Study EA/Utilities No. 2020-09
Wastewater System EIR 34 June 2020
Potentially
Significant
Impact, as
Compared to
MEIR
No Significant
Impact with
MEIR
Mitigation
Less Than
Significant or
No
Impact
regulation adopted for the purpose of avoiding or
mitigating an environmental effect.

Discussion:
(1) All proposed facilities are underground, to include an underground storm drainage retention/disposal facility in JM Park and piping to convey the storm water to the facility. The park site will be returned to its park use at the completion of construction resulting in no change to the established community.
(2) The proposed project is construction of a subsurface storm drain basin and removal of storm drain cross-connections to the wastewater system, consistent with existing adopted plans and policies. No land use is altered by the project.
#13..
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City of Modesto Initial Study EA/Utilities No. 2020-09
Wastewater System EIR 35 June 2020

11. NOISE AND VIBRATION
a. Significant Effects Identified in the EIR
Chapter 14 of the EIR identifies the potential impacts on noise and vibration and the associated mitigation measures. Refer to EIR Chapter 14 for details.

Direct Impacts
Impact NOI-1: Expose Persons to Noise Levels in Excess of Standards Established in a Local General Plan or Noise Ordinance or in the Applicable Standards of Other Agencies (Less than Significant with Mitigation)
Mitigation Measure NOI-1: Employ Noise-Reducing Construction and Maintenance Practice
Mitigation Measure NOI-2: Limit Nighttime Construction Noise.

Mitigation Measure NOI-3: Prepare Project-level Noise Analysis for Operation of Proposed Sutter Plant Components. (Not applicable, applies only to Sutter Plant projects)
Mitigation Measure NOI-4: Employ Noise-Reducing Methods During Operations. (note that the project is gravity flow and will not include any noise-producing operational activities with the exception of occasional maintenance) Impact NOI-2: Expose Persons to Excessive Groundborne Vibration or Groundborne Noise Levels (Less than Significant with Mitigation)
Mitigation Measure NOI-5: Implement Vibration Reduction Measures.

Impact NOI-3: Substantial Permanent Increase in Ambient Noise Levels in the Project Vicinity Above Levels Existing Without the Proposed Program (Less than Significant with Mitigation) (not applicable to cross-connection removal projects) Impact NOI-4: Substantial Temporary or Periodic Increase in Ambient Noise Levels in the Project Vicinity Above Levels Existing Without the Proposed Program (Significant and Unavoidable)
Impact NOI-5: Expose People Residing or Working in the Program Area to Excessive Noise Levels Associated with a Public Airport (Less than Significant) Cumulative Impacts
Impact CUM-6: Cumulative Impacts related to Noise and Vibration (Significant and Unavoidable)
b. Master EIR and/or New Mitigation Measures Applied to the Project #13..
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City of Modesto Initial Study EA/Utilities No. 2020-09
Wastewater System EIR 36 June 2020
Mitigation measures related to noise and vibration appear and are detailed in Chapter 14 of the EIR.

Discussion:

No new or additional mitigation measures or alternatives are required to reduce project impacts to a less-than-significant level.
c. Project-Specific Effects
Chapter 14 of the EIR identifies the potential impacts of implementing the Wastewater Master Plan on noise and vibration. The following is an analysis of whether the proposed project would result in a new, significant, project-specific effect not disclosed in the EIR.

Potentially
Significant
Impact, as
Compared to
MEIR
No Significant
Impact with
MEIR
Mitigation
Less Than
Significant or
No
Impact

11. NOISE AND VIBRATION
1) Expose persons to or generate a substantial
temporary or permanent increase in ambient noise
levels in the project vicinity in excess of standards
established in the local general plan or noise
ordinance, or applicable standards of other agencies
2) Expose persons to or generate excessive ground
borne vibration or ground borne noise levels.
3) Substantially permanently increase ambient noise
levels in the project vicinity above levels existing
without the project.
4) Substantially temporarily or periodically increase
ambient noise levels in the project vicinity above
levels existing without the project
5) For a project located within an airport land use
plan or, where such a plan has not been adopted,
within two miles of a public airport or public use
airport, expose people residing or working in the
project area to excessive noise levels; or for a
project within the vicinity of a private airstrip,
expose people residing or working in the project
area to excessive noise levels.

Discussion:
(1, 4) Construction of the project would increase noise levels in the surrounding neighborhood for the duration of construction (about 35 weeks, depending on weather). The noisiest activities will be limited, but could occur at any time during the construction period. Mitigation Measures NOI-1 and NOI-2 will be implemented in order to reduce construction noise impacts #13..
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City of Modesto Initial Study EA/Utilities No. 2020-09
Wastewater System EIR 37 June 2020
(2) Construction of the project would potentially increase vibration levels in the surrounding neighborhood during portions of of construction (about 35 weeks, depending on weather).

Such activities will be limited, but could occur at any time during the construction period.

Mitigation Measure NOI-5 will be implemented to reduce this impact. (3) The project facilities during operation will not generate noise or vibration. Maintenance and operation of the project will require infrequent periodic site visits by staff. This impact is not significant and no mitigation is necessary.
(5) The project is not within the noise contours of a public or private airport. #13..
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City of Modesto Initial Study EA/Utilities No. 2020-09
Wastewater System EIR 38 June 2020

12. POPULATION AND HOUSING
a. Significant Effects Identified in the EIR
Chapter 14 of the EIR identifies the potential impacts on population and housing and their associated mitigation measures. Refer to Chapter 14 of the EIR for details.

Direct Impacts
Impact PH-1: Induce Substantial Unplanned Population Growth, Both Directly and Indirectly, during Construction (Less than Significant) Impact PH-2: Displace Substantial Numbers of People or Existing Housing, Necessitating the Construction of Replacement Housing Elsewhere (No Impact) Impact PH-3: Long-term Inducement of Unplanned Substantial Population Growth, Both Directly and Indirectly (Less than Significant with Mitigation) Cumulative Impacts
None
b. Master EIR and/or New Mitigation Measures Applied to the Project No mitigation measures related to land use, plans, and policies are proposed in the Master EIR.

Discussion:

There are no mitigation measures proposed in the Master EIR because no significant impacts on land use were identified. No new or additional mitigation measures or alternatives are required to reduce project impacts to a less-than-significant level.
#13..
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City of Modesto Initial Study EA/Utilities No. 2020-09
Wastewater System EIR 39 June 2020
c. Project-Specific Effects
Chapter 13of the EIR identifies the potential impacts of implementing the Wastewater System Update on land use and planning. The following is an analysis of whether the proposed project would result in a new, significant, project-specific effect not disclosed in the EIR.

Potentially
Significant
Impact, as
Compared to
MEIR
No Significant
Impact with
MEIR
Mitigation
Less Than
Significant or
No
Impact

12. POPULATION AND HOUSING
1) Induce substantial unplanned population growth
in an area, either directly (e.g., by proposing new
homes and businesses) or indirectly (e.g., through
extension of roads or other infrastructure).
2) Displace substantial numbers of existing housing,
necessitating the construction of replacement
housing elsewhere.
3) Displace substantial numbers of people,
necessitating the construction of replacement
housing elsewhere.

Discussion:
(1-3) The proposed project is construction of a subsurface storm drain basin and removal of storm drain cross-connections to the wastewater system, consistent with existing adopted plans and policies. No effect on population growth, or displacement of housing or people is expected as a result.
#13..
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City of Modesto Initial Study EA/Utilities No. 2020-09
Wastewater System EIR 40 June 2020

13. TRANSPORTATION AND TRAFFIC
a. Significant Effects Identified in the Master EIR
Chapter 16 of the EIR identifies the potential impacts on transportation and traffic and the associated mitigation measures. Refer to Chapter 16 in the EIR for details.

Direct Impacts
Impact TR-1: Conflict with Applicable Circulation Plans, Ordinances, or Policies Establishing Measures of Effectiveness for the Performance of the Circulation System (Less than Significant)
Impact TR-2: Conflict with an Applicable Congestion Management Program (Less than Significant)
Impact TR-3: Substantially Increase Hazards Due to a Design Feature or Incompatible Uses (Less than Significant)
Impact TR-4: Result in Inadequate Emergency Access (Less than Significant) Impact TR-5: Conflict with Adopted Policies, Plans, or Programs Regarding Public Transit, Bicycle, or Pedestrian Facilities, or Otherwise Decrease the Performance or Safety of Such Features (Less than Significant)
Cumulative Impacts

Impact CUM-7: Cumulative Impacts related to Transportation and Traffic (Less than Significant)
b. Master EIR and/or New Mitigation Measures Applied to the Project No Mitigation measures related to transportation and traffic required in the EIR.

Discussion:

No new or additional mitigation measures or alternatives are required to reduce project impacts to a less-than-significant level.
c. Project-Specific Effects
Chapter 16 of the EIR identifies the potential impacts of implementing the Wastewater Master Plan on transportation and traffic. The following is an analysis of whether the proposed project would result in a new, significant, project-specific effect not disclosed in the EIR.

Significance Criteria: Determination of project effects will be based on the following thresholds. The project-specific effects will be less than significant if impacts are equal to or less than impacts disclosed in the EIR. New impacts may result in new mitigation. #13..
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City of Modesto Initial Study EA/Utilities No. 2020-09
Wastewater System EIR 41 June 2020

Potentially
Significant
Impact, as
Compared to
MEIR
No Significant
Impact with
MEIR
Mitigation
Less Than
Significant or
No
Impact

13. TRANSPORTATION AND TRAFFIC
1) Conflict with an applicable plan, ordinance or
policy establishing measures of effectiveness for the
performance of the circulation system, taking into
account all modes of transportation including mass
transit and non-motorized travel and 18relevant
components of the circulation system, including but
not limited to intersections, streets, highways and
freeways, pedestrian and bicycle paths, and mass
transit
2) Conflict with an applicable congestion
management program, including, but not limited to
level of service standards and travel demand
measures, or other standards established by the
county congestion management agency for
designated roads or highways.
3) Result in a change in air traffic patterns,
including either an increase in traffic levels or a
change in location that results in substantial safety
risks.
4) Substantially increase hazards due to a design
feature (e.g., sharp curves or dangerous
intersections) or incompatible uses (e.g., farm
equipment).
5) Result in inadequate emergency access.
6) Conflict with adopted policies, plans, or programs
regarding public transit, bicycle, or pedestrian
facilities, or otherwise decrease the performance
orsafety of such features.

Discussion:
(1, 2, 4-6) The project will not make any permanent modification to roadways, pedestrian or bicycle facilities, or mass transit.
(4) The project will not affect air traffic patterns.
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City of Modesto Initial Study EA/Utilities No. 2020-09
Wastewater System EIR 42 June 2020

14. UTILITIES AND SERVICE SYSTEMS
a. Significant Effects Identified in the Master EIR
Chapter 17 of the EIR identifies the potential impacts on utilities and service systems and the associated mitigation measures. Refer to Chapter 17 in the EIR for details.

Direct Impacts
Impact UTL-1: Require or Result in the Construction of New Stormwater Drainage Facilities or Expansion of Existing Facilities, the Construction of Which Could Cause Significant Environmental Effects (Less than Significant)
Impact UTL-2: Require New or Expanded Water Supply Entitlements (No Impact) Impact UTL-3: Require Additional Permitted Landfill Capacity to Accommodate the Project’s Solid Waste Disposal Needs (Less than Significant) Impact UTL-4: Comply with Federal, State, and Local Statutes and Regulations Related to Solid Waste (Less than Significant)
Cumulative Impacts

Impact CUM-8: Cumulative Impacts on Utilities and Service Systems (Beneficial) b. Master EIR and/or New Mitigation Measures Applied to the Project No Mitigation measures related to utilities and service systems required in the EIR.

Discussion:

No new or additional mitigation measures or alternatives are required to reduce project impacts to a less-than-significant level.
c. Project-Specific Effects
Chapter 17 of the EIR identifies the potential impacts of implementing the Wastewater Master Plan on utilities and service systems. The following is an analysis of whether the proposed project would result in a new, significant, project-specific effect not disclosed in the EIR.

Potentially
Significant
Impact, as
Compared to
MEIR
No Significant
Impact with
MEIR
Mitigation
Less Than
Significant or
No
Impact

14. UTILITIES AND SERVICE SYSTEMS
1) Exceed wastewater treatment requirements of
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City of Modesto Initial Study EA/Utilities No. 2020-09
Wastewater System EIR 43 June 2020

Potentially
Significant
Impact, as
Compared to
MEIR
No Significant
Impact with
MEIR
Mitigation
Less Than
Significant or
No
Impact
the applicable RWQCB.
2) Require or result in the construction of new or
expanded water or wastewater treatment facilities
or expansion of existing facilities, the construction
of which could cause significant environmental
effects.
3) Require or result in the construction of new
stormwater drainage facilities or expansion of
existing facilities, the construction of which could
cause significant environmental effects.
4) Have sufficient water supplies available to serve
the Program and reasonably foreseeable future
development during normal, dry and multiple dry
years.
5) Result in a determination by the wastewater
treatment provider which serves or may serve the
Program that it has adequate capacity to serve the
Program’s projected demand in addition to the
provider’s existing commitments.
6) Generate solid waste in excess of State or local
standards, or in excess of the capacity of local
infrastructure, or otherwise impair the attainment of
solid waste reduction goals.
7) Comply with federal, state, and local
management and reduction statutes and regulations
related to solid waste
Discussion:
(1, 2, 5) The project will remove storm drain cross connections and reduce wastewater flows. (3) The project is does not require any additional stormwater facilities beyond its boundaries. (4) The project does not require any use of water supplies. (6, 7) Operation of the project will not generate solid waste. .
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City of Modesto Initial Study EA/Utilities No. 2020-09
Wastewater System EIR 44 June 2020
V. MITIGATION MEASURES APPLIED TO THE PROPOSED PROJECT
If the Initial Study results in the determination that a Finding of Conformance can be adopted for the proposed project Section A below applies. If the Initial Study results in the determination that a Finding of Conformance cannot be adopted and a Mitigated Negative Declaration/EIR must be prepared for the project then Section B, below applies.

A. EIR Mitigation Measures Applied to the Project
Pursuant to Public Resources Code Section 21157.1(c), in order for a Finding of Conformance to be made, all appropriate mitigation measures from the Master EIR shall be incorporated into the proposed project. Urban Area General Plan Policies/Master EIR mitigation measures shall be made part of the proposed project prior to approval by means of conditions of project approval or incorporation into the appropriate document or plan.

All applicable and appropriate mitigation measures have been applied to the project (see mitigation measures listed below). Please refer to the EIR and associated Mitigation Monitoring and Reporting Program for detailed description of applicable mitigation measures. Note that the EIR details numerous existing policies and regulations applicable to the development of projects under the Wastewater Plan, while not mitigation measures pursuant to the EIR they establish the baseline for analysis of impacts and are applicable to the project, which will be developed in accordance with them.

B. New or Additional Mitigation Measures or Alternatives Required Where the project’s effects would exceed the significance criteria for each environmental impact category, a mitigated negative declaration or Focused EIR must be prepared. Staff has reviewed the project against the significance criteria thresholds established in the Master EIR for all impact categories in this Initial Study. No new or additional mitigation measures are required.

Master EIR Mitigation Measures:

1. Aesthetics and Visual Resources
Mitigation Measure AES-1: Locate Staging Areas Away from Public Areas and Install Screening.

2. Agricultural Resources
None

3. Air Quality
Mitigation Measure AQ-1: Implement SJVAPCD Regulation VIII Control Measures for Construction Emissions of PM10
Mitigation Measure AQ-2: Implement Enhanced Control Measures for Construction Emissions of PM10
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City of Modesto Initial Study EA/Utilities No. 2020-09
Wastewater System EIR 45 June 2020

4. Biological Resources
Mitigation Measure BIO-10: Avoid and Minimize Impacts on Raptors, including Special-status Species.

Mitigation Measure BIO-15: Install Temporary Trench Plates over Open Trenches.

5. Cultural, Paleontological, and Tribal Cultural Resources Mitigation Measure CR-1: Conduct Cultural Resources Awareness Training for Construction Workers Prior to Beginning Work.

6. Geology, Soils, and Seismicity
None

7. Greenhouse Gas Emissions and Energy Resources
None

8. Hazards and Hazardous Materials
None

9. Hydrology and Water Quality
None

10. Land Use and Planning
None

11. Noise
Mitigation Measure NOI-1: Employ Noise-Reducing Construction and Maintenance Practice Mitigation Measure NOI-2: Limit Nighttime Construction Noise.

Mitigation Measure NOI-4: Employ Noise-Reducing Methods During Operations.

Mitigation Measure NOI-5: Implement Vibration Reduction Measures.

12. Population and Housing
None

13. Transportation and Traffic
None
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City of Modesto Initial Study EA/Utilities No. 2020-09
Wastewater System EIR 46 June 2020

14. Utilities and Service Systems
None
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ENGINEERING DESIGN SERVICES AGREEMENT FOR THE

JM PIKE PARK STORMWATER TO SANITARY SEWER CROSS CONNECTION

REMOVAL AND WATER MAIN 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 WOODARD & CURRAN, INC., a Maine corporation, hereinafter referred to as "Consultant".

This Agreement is made with regard to the following recitals:

A. The City has determined that Engineering Design Services are necessary for the JM Pike Park Stormwater to Sanitary Sewer Cross Connection Removal and Water Main 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.
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This Agreement is effective as of the date first written above and will continue in effect until City's acceptance of and payment for all services authorized by City and performed by Consultant, unless terminated earlier in accordance with the provisions of the termination clause in this Agreement.

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

3. COMPENSATION.

Consultant agrees to accept a sum not to exceed ONE MILLION NINE HUNDRED FOURTEEN THOUSAND FOUR HUNDRED TWENTY-ONE AND 00/100 DOLLARS ($1,914,421) (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, #13..
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and billable rates for all work completed, and detailed receipts for any out-of-pocket costs paid by Consultant in connection with work performed on this project.

Additional services may be authorized by the City Manager in an amount up to, but not to exceed ten percent (10%) of the agreed maximum compensation, or ONE

HUNDRED NINETY-ONE THOUSAND FOUR HUNDRED FORTY-THREE AND 00/100 DOLLARS ($191,443). 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 MILLION ONE HUNDRED FIVE THOUSAND EIGHT HUNDRED SIXTY-FOUR AND 00/100 DOLLARS ($2,105,864). 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, #13..
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prepare factual presentations, and provide professional advice and recommendations regarding this project.

5. PERFORMANCE BY KEY EMPLOYEE.

Consultant has represented to City that Glenn Hermanson, 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
Except for proprietary software, source code, software, frameworks and methodologies, all reports, drawings, designs, graphics, working papers and other incidental work or materials furnished hereunder shall become and remain the property of the City, and may be used by City as it may require without any additional cost to City. No reports shall be used by the Consultant for purposes other than this contract without the express prior written consent of City.

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

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 #13..
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times remain the property of the City. Such data or information may not be used or copied for direct or indirect use by Consultant after termination of this Agreement without written consent of the City.

7. NEWS AND INFORMATION RELEASE.

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

8. 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 contract 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. #13..
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Until a change order is so executed, City will not be responsible to pay any charges Consultant may incur in performing such additional services, and Consultant shall not be required to perform any such additional services.

10. INDEPENDENT CONTRACTOR.

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

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

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

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

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

Consultant is permitted to provide services to others during the same period service is provided to City under this Agreement. If necessary, Consultant has the responsibility for employing #13..
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other persons or firms to assist Consultant in fulfilling the terms and obligations under this Agreement.

If in the performance of this Agreement any third persons are employed by Consultant, such persons shall be entirely and exclusively under the direction, supervision, and control of Consultant. All terms of employment including hours, wages, working conditions, discipline, hiring, and discharging or any other term of employment or requirement of law shall be determined by the Consultant.

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

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

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

11. ASSIGNMENT.

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

12. PATENT/COPYRIGHT MATERIALS.

Unless otherwise expressly provided in the contract, Consultant shall be solely responsible for obtaining the right to use any patented or copyrighted materials in the #13..
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performance of this Agreement. Consultant shall furnish a warranty of such right to use to City at the request of City.

13. NOTICES.

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

FOR CONSULTANT: Name: Woodard & Curran, Inc.

Address: 801 T Street
Sacramento, CA 95811
Attention: Glenn Hermanson
Phone: (916) 999-8700
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.
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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 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 of 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 #13..
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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 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 #13..
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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 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 #13..
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be limited to, any of the following: failure to perform required services or duties, willful destruction of City's property by Consultant, dishonesty or theft.

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

Post-Termination Procedure
Upon receipt of a written notice of termination pursuant to either of the foregoing paragraphs, the Consultant shall:
a. Cease its work as directed in the notice of termination as of the termination date and see to it that its employees, subconsultants and agents are notified of such termination and act as specified in the notice of termination;
b. Terminate all orders and 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, #13..
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in which case the City will have the right at its discretion to settle, or pay any or all claims arising out of the termination of such subconsultants, but in no event shall recovery by any Consultant or subconsultant include lost profits for portions of the Work not completed or undertaken, including materials not delivered; d. Deliver or otherwise make available to the City all data, drawings, specifications, reports, estimates, summaries and such other information and material as may have been accumulated by the Consultant in performing the Work whether completed or in process; e. Settle outstanding liabilities and claims, subject to the approval of City;
f. Complete performance of such part of the Work as has not been terminated;
g. Take such other actions as may be necessary, or as may be directed by the City for the protection and preservation of the Work and/or property related to the Work;
h. If City so requests, and at City's cost, Consultant shall provide sufficient oral or written status reports to make City reasonably aware of the status of Consultant's work on the project. i. The Consultant understands and agrees that City may, in City's sole discretion, refuse to pay Consultant for that portion of Consultant's services which were performed by Consultant on the project prior to the termination date and which remain
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unacceptable and/or not useful to City as of the termination date.

City will pay Consultant an amount based on the percentage of satisfactory work completed in accordance with the notice of termination. The final payment to the Consultant after termination for convenience shall be limited to amounts due and owing under the Agreement at time of termination, including the following:
a. The cost of settling and paying valid claims arising out of the termination of the Work such as subconsultant agreements or contracts for materials;
b. The Agreement price allocable to the portion of the Work properly performed or goods supplied to the work site by the Consultant as of the date of termination, as determined in accordance with the notice of termination, reduced by any sums previously paid to the Consultant.

Authorization to Terminate Agreement
Termination of the Agreement may be invoked by the City Manager, or his/her designee, subject to the right of the Consultant to appeal the City Manager, or his/her designee’s, decision to the City Council. The Consultant shall appeal by notifying the City Clerk in writing within ten (10) calendar days of receipt of written notification from City of termination of the Agreement. In the event that termination of this Agreement is upheld by the City Council, any cessation of payment of delay claims, extended claims, Eichleay claims, or any other claims for delay shall be retroactive to the date of termination selected by the City Manager, or his/her designee.
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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 #13..
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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. #13..
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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. #13..
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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 WOODARD & CURRAN, INC. has caused this agreement to be duly executed in duplicate as of the Effective Date. #13..
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City of Modesto 1 Woodard & Curran, Inc.

JM Pike Park August 17, 2021

CITY OF MODESTO

JM PIKE PARK STORMWATER CROSS CONNECTION CONTROL REMOVAL PROJECT

SCOPE OF WORK
The following scope details the work to be completed by Woodard & Curran (Consultant) for the JM Pike Park Stormwater to Sanitary Cross Connection Removal Project (Project). Our fee proposal is based on the assumptions and clarifications which are included at the end of this scope.

TASK 1: CONSTRUCTION DOCUMENTS
Task 1.A: Field Data Collection Activities
In Task 1A, the Woodard & Curran team will conduct field data collection activities required to advance the preliminary design presented in the April 30, 2010 Preliminary Design Report (PDR) to the Final Design Stage. Previous design documents and studies will be collected and reviewed to establish the status of available documentation. The following subtasks assume that prior documents will need to be supplemented with additional surveys for completion of the design.

Task 1.A.1: Topographic Survey
Surveying subconsultant O’Dell Engineering will conduct an on the ground field survey for the area outlined in green in the figure on the following page. The survey scope of work for this project includes the establishment of survey control, preparing topographic base mapping, planning level boundary/right-of-way linework, and planning level subsurface utility linework using record information. The work will include the following:

Topographic Survey Base Map:
 Establish survey control for the project. Horizontal positions will be based on the 1992 Adjustment of the North American Datum of 1983 (NAD83) using ties to City of Modesto GPS Control Points according to the Record of Survey filed in Book 22 of Surveys, at Page 51, Stanislaus County Records. Coordinates will be based on the California Coordinate System of 1983 (CCS83), Zone III, in grid. Elevations will be based on the North American Vertical Datum of 1988 (NAVD88) using ties to City of Modesto benchmarks according to the information published in the City’s public-facing GIS database.
 Perform cross-section survey of roadway at 50-foot intervals.  Perform topographic survey of all hardscape and softscape, including: grade breaks, high points, low points. In flat areas, measure spot elevations in a grid pattern at 50-foot intervals.  Locate surface-visible utility features and improvements, such as: signs, fences, walls, buildings, striping, driveways, walkways, drainages, structures, lights, poles, bollards, general limits of vegetated or landscaped areas, USA markings, vaults, valves, meters, boxes, pedestals, cleanouts, manholes, drain inlets, catch basins, culverts, outfalls, and standpipes.
 Trees 6” in diameter or larger will be located.
 At manholes and accessible structures measure invert elevation of gravity storm drains and sewer pipes. Annotate topographic survey drawing with invert elevation, approximate diameter, and orientation of each pipe visible at the time of the survey. Where access is not practical, O’Dell Engineering shall indicate by notation on the mapping deliverable.
 Prepare topographic map at a 1” = 20’ scale.

EXHIBIT A
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PROPOSED SCOPE OF SERVICES AND ASSUMPTIONS AND CLARIFICATIONS City of Modesto 2 Woodard & Curran, Inc.

JM Pike Park August 17, 2021
➤
N
21 Googlle 2000 ft
J.M. Pike Park (M3091)
Survey Mapping Limits Exhibit (2021-06-18) Legend
J.M. Pike Park
New 12" Water
New 8" Water
Stormwater Area
Phase
N

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PROPOSED SCOPE OF SERVICES AND ASSUMPTIONS AND CLARIFICATIONS City of Modesto 3 Woodard & Curran, Inc.

JM Pike Park August 17, 2021
Record Boundary/Right-of-Way Mapping: Determine record location of road rights-of-way, property boundaries, and easements of record as defined by an analysis of record maps, physical evidence, and any other client-provided information.

This is not a fully resolved boundary. Excludes setting of monuments or filing maps/corner records.

Underground Utility Research and Mapping: Send utility research/as-built plans request letter to local utility companies that may have facilities on or near the subject parcel. Prepare a map (AutoCAD only) of approximate utility locations based on data provided by the utility companies. When existing data allows, the drawing will indicate the utility type, utility diameter, utility material, approximate depth of utility below surface and the approximate horizontal location of the utility.

Deliverables:

1. Existing Conditions plan in AutoCAD Civil 3D 2018 and delivered in electronic file format along with pdf files and three hard copies. Data will be provided in an ASCII file, comma delineated with descriptors, including control notes, in the PNEZD format.

2. Field book providing benchmark information and notes used for the topographic survey.

Task 1.A.2 Geotechnical Exploration, Analysis and Report Preparation Geotechnical subconsultant Crawford & Associates will first evaluate the geotechnical analysis prepared by Blackburn Consulting contained in the April 30, 2010 Preliminary Design Report to determine if additional studies are required.

Infiltration studies will be performed along with other geotechnical exploration deemed necessary to support design of project infrastructure. The scope of the geotechnical investigation will be sufficient to provide appropriate subsurface data to serve as the basis for geotechnical engineering recommendations for design and construction of the project.

Under this subtask, the scope of the geotechnical investigation is anticipated to include:
 Geotechnical desktop study including U.S. Geological Survey (USGS), California Geological Survey, U.S. Soil Conservation Service, and Association of Bay Area Governments publications, existing aerial images and topographic maps, reports provided by the City, and reports provided by Stanislaus County.  Permits for drilling and encroachment
 Underground Services Alert for utility location prior to drilling  Perform 10 test borings along the proposed pipeline segments to about 10 to 15 ft deep and one test boring advanced to 60 ft deep at JM Pike Park (or into groundwater, whichever comes first) to determine adequate depth between the infiltration chamber system and groundwater elevation and to supplement the 2009 test boring data.

An Engineer/Geologist will direct the sampling and log the borings. Sample will be obtained at 5 ft intervals thereafter using a split spoon sampler. The drilling contractor will advance the borings with a rubber-tired, truck-mounted drill rig using 6- to 8-inch-diameter hollow- or solid-stem augers. Standard Penetration Testing and Modified California sampling will be performed within the borings with a 140-pound automatic hammer to obtain samples and blow count information. Visual soil classification will be performed on all samples. Traffic control is expected to consist of partial lane closures with signs and cones with and without flaggers. • Following the completion of the subsurface exploration, Crawford will perform infiltration rate testing at 4 locations throughout JM Pike Park within the planned drainage system footprint. The infiltration rate test depth will be determined based on the soil conditions encountered in our subsurface exploration and drainage system depth. For this proposal we are assuming that the infiltration rate tests will be located 20 to 30 ft below existing grade.
• Crawford will utilize a drill rig to excavate the infiltration rate test locations. An engineer or geologist from our office will perform the infiltration rate tests in the field using the constant head or falling head test methods in an uncased borehole. In general, both methods consist of a 6-inch diameter test hole, and 6-inches of coarse gravel at the base of the hole. The constant head method includes installation of water feed and observation

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PROPOSED SCOPE OF SERVICES AND ASSUMPTIONS AND CLARIFICATIONS City of Modesto 4 Woodard & Curran, Inc.

JM Pike Park August 17, 2021
pipes and measuring a metered supply of water until the flow rate stabilizes. The falling head method determines the time it takes to drop a
 set distance (typically 1-inch), until consistent readings are achieved.  Perform the following laboratory tests on selected soil samples retrieved from our borings; moisture content / unit weight; 200 sieve wash analysis, grain size analysis, Plasticity index; and R-value. The final testing schedule will depend on project design and subsurface data.
 Development of a Geotechnical Data Report that presents the geotechnical-related findings for the project without interpretations for inclusion in the bid documents.
 Prepare a Geotechnical Report for the project improvements containing project description; scope of services; site description; geology; subsurface soil and groundwater conditions; boring logs; laboratory test results; infiltration rates; seismic values; key geotechnical and construction considerations including, grading, dewatering, material excavatability, stability (including preliminary OSHA soil types), use of excavated soils as backfill, compaction, unstable subgrade mitigation options; lateral earth pressures; soil modulus reaction recommendations for flexible pipe design; new pavement section recommendations; risk management and limitations.

Deliverables:

1. Draft and final plans of proposed borings.

2. Permit applications and permits on request.

3. USA ticket number and photos of USA locates on request.

4. Draft and Final Geotechnical Report (provided electronically in PDF format).

Task 1.A.3: Utility Locating Services
Woodard & Curran will retain a utility location contractor to identify existing utilities along the pipeline alignments and within the Park. Identified utilities will be shown on the plan and profile sheets based on best available information. The following activities shall be conducted as part of this subtask:
 Communicating with the affected utilities. Initial contact shall be made by phone and documented in writing. Utilities shall be notified of the project and proposed alignment. Woodard & Curran will request available information on the utility’s facilities along the alignment.
 Reviewing and characterizing the utility information consistent with ASCE 38-02.  Developing a list of potholes to perform at critical crossings or parallel utilities.  Obtaining drilling permits necessary for potholes.
 Conducting the required traffic control during the potholing operations.  Performing potholes to identify potential utility conflicts along the alignment. Pothole locations will be determined and marked in the field by the design team and/or project surveyor. Once the utility is exposed by the vacuum subcontractor, the depth to the top of the utility will be measured. If possible, a description of theutility line, diameter, and material will be noted. Potholes will be backfilled per City of Modesto requirements by the subcontractor using CDF (Controlled Density Fill) and hot mix asphalt. The potholing subcontractor will prepare and provide a table with utility location reference number; description of the utility, size, and material (where possible); and depth to the top of the utility for use by the design team.
 Incorporating the utility information into the plan and profile drawings to define the project infrastructure horizontal and vertical alignment. Design submittals will be sent to the affected utility owners to solicit review and written confirmation that their utility information has been interpreted correctly.  Survey of boring locations.
 Addressing comments received from affected utilities.  Transmitting final design drawings to the affected utilities for their information. Utilities shall also be informed of the proposed construction schedule and shall be asked to verify in writing the utility contact person information.

EXHIBIT A
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PROPOSED SCOPE OF SERVICES AND ASSUMPTIONS AND CLARIFICATIONS City of Modesto 5 Woodard & Curran, Inc.

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Deliverables:

1. Location of potholes and resulting utility locations will be provided on the design drawings prepared in Task 1.B.

Task 1.B: Design Drawings
Woodard & Curran, in collaboration with our Landscape Architectural partner O’Dell Engineering, will provide design services for the Project, as described below. The general scope of work includes advancing the preliminary design of the Project, as described in the PDR, to final design (100%) stage. The design will seek to leverage previous construction details developed for the Roosevelt Park and Garrison Park Projects as well as City Standard Details to minimize design effort and maintain uniformity between the City’s Projects.

Woodard & Curran will prepare drawings suitable for construction of the proposed improvements. The plans are anticipated to consist of be following:

Cover Sheet 1 Sheet
General Notes, Legend and Abbreviations 2 Sheets
Civil Construction Details 4 Sheets
Landscape Construction Details 2 Sheets
Existing Conditions & Demolition Plans 12 Sheets
Tree Protection Plan (ISA Arborist reviewed) 1 Sheet
Horizontal Control Plan 12 Sheets
Collection System Plans and Profiles (scale 1”=40’ Horz. and 1”=4’ Vert.) 18 Sheets Site Plan – Park (scale 1”=20’) 4 Sheets
Park Finishes and Furnishing Plans (scale 1”=20’) 4 Sheets Grading and drainage plan – Park (scale 1”=20’) 4 Sheets SWPP and Erosion Control Plan 12 Sheets
Irrigation Plan and Water Use Calculations 4 Sheets
Irrigation Details 2 Sheets
Landscape Planting Plan 4 Sheets
Total: 86 Anticipated Sheets
The plans will be submitted to the client for review and comment at the 50% and 80% design stages and for approval at the 100% design stage. The 80% design shall incorporate responses to comments received from the City on the 50% submittal.

The final bid package will incorporate agreed upon comments received on the 80% submittal and shall reflect a biddable and buildable final document ready for bid advertising. The submittal shall include stamped and signed final construction drawings.

A design memorandum shall be prepared at the 50%, 80% and Final design stages summarizing the important issues requiring resolution, changes in design from the previous submittal and responses to comments from the City.

Finally, a 50% and 80% design review workshop will be held with the City to discuss and resolve comments on the submittal packages.

Deliverables:

1. The 50%, 80% and Final design plan package (one electronic copy in pdf format and three paper hard copies).

2. A 50% and 80% design memorandum shall be prepared summarizing the important issues requiring resolution, changes in design from the previous submittal, responses to comments from the City.

3. Agenda and minutes from the 50% and 80% review workshops.

EXHIBIT A
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PROPOSED SCOPE OF SERVICES AND ASSUMPTIONS AND CLARIFICATIONS City of Modesto 6 Woodard & Curran, Inc.

JM Pike Park August 17, 2021
TASK 1.C Specifications
Woodard & Curran will complete technical specifications for the major items of work. Specifications shall be prepared in MS Word. The specifications are anticipated to consist of relevant sections of the following Divisions:
 DIVISION 02 — EXISTING CONDITIONS
 DIVISION 03 — CONCRETE
 DIVISION 26 — ELECTRICAL
 DIVISION 31 — EARTHWORK
 DIVISION 32 — EXTERIOR IMPROVEMENT
 DIVISION 33 — UTILITIES
Deliverables:

1. 50%, 80% and Final technical specifications package (one electronic copy in pdf format and three paper hard copies).

Task 1.D: Construction Cost Estimate
Woodard & Curran will prepare an Engineer‘s Opinion of Estimated Construction Costs (estimate). The estimate and construction schedule shall be prepared at the 50% design level and updated at the 80% and 100% design level. A final list of bid items and quantities will be prepared.

Deliverables:

1. 50%, 80% and Final estimate (one electronic copy in pdf format and three paper hard copies).

Task 1.E: Supporting Documentation (Basis of Design Report) A Basis of Design Report (BODR) will be produced for the Project. The BODR will document the preliminary design of the proposed facilities and accompany a separate package that includes drawings associated with the BODR. The draft BODR will be prepared and submitted to the City for review and subsequently discussed in detail at a review workshop (Task 2.C).

The Consultant will respond to one set of consolidated City review comments in writing and incorporate comments into the Final BODR as applicable. City comments on the Draft BODR will be incorporated into a Final BODR for submission to the City.

The BODRs will include the following:
 Project Description
 Agency Coordination/Environmental Documentation/Regulatory/Permitting  Define permits required (Federal, State, and local; road crossings; etc.).  Begin permit submission when able/required (note timing of agency review period).  Survey and utility investigations as determined in Task 1A.  Traffic Control Considerations.
 Recommended design criteria for hydrologic and hydraulic design.  Design concepts and alternatives.
 Design flows and volumes
 Pipe alignment and size
 Connection to existing drain lines
 Potential conflicts with utilities
 Hydrologic & Hydraulic Modeling including analysis of recommended hydraulic controls and grade line computations.
 Finalize pipe sizes.

EXHIBIT A
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PROPOSED SCOPE OF SERVICES AND ASSUMPTIONS AND CLARIFICATIONS City of Modesto 7 Woodard & Curran, Inc.

JM Pike Park August 17, 2021
 Finalize storage structure size.
 Finalize horizontal alignment and determine preliminary vertical alignment for piping.  Identify new pipe material alternatives.
 Runoff volumes and infiltration rate calculations.
 Project schedule with interim milestones and critical path analysis Deliverables:

1. Draft and Final Basis of Design Report (provided electronically in PDF format).

Task 1.F: Monitoring Plan
Woodard & Curran will prepare a post-construction Monitoring Plan. The plan will outline the process and procedures to collect and evaluate the performance of the stormwater management system, specifically.  Stormwater quality
 Water levels in the stormwater chamber
 Sanitary sewer overflow frequency, location, and volumes  Visual assessments of flooding
 BMP performance (pre-treatment device, rain gardens and bioswales) Deliverables:

1. Draft and Final Monitoring Plan (provided electronically in PDF format).

TASK 2: PROJECT MANAGEMENT
Woodard & Curran will conduct the project management activities required to manage technical, financial, and schedule aspects of the Project necessary to complete the work on time, within budget, and of suitable quality. Activities include coordinating and facilitating team and client meetings, coordinating quality assurance, coordinating subcontractors, monitoring the progress of the work, and assembling project deliverables. Work under this task will include the following subtasks during the design phase (estimated to be 7 months) of the project.

Task 2.A: Project Progress, Budget, and Schedule Tracking Woodard & Curran will provide progress, budget, and schedule tracking for this project. Invoices and monthly progress reports will be prepared that provides a summary of the project status, including work accomplished, an earned value report, and updated budget and schedule. These progress reports will be formatted to be consistent with quarterly progress reporting required as part of grant funding administration.

Task 2.B: Project Communications
Under this subtask, Woodard & Curran will provide overall coordination and communication with the City staff.

Bi-weekly conference calls with City staff and the consultant team will be held throughout the design portion of the project (estimated to be 7 months). The purpose of these meetings shall be to communicate project progress, discuss upcoming work activities, identify and resolve project issues, make design decisions, and/or discuss permits and easements. The exact frequency of these calls shall be determined based on project and/or the City’s needs. No agendas or meeting minutes will be prepared for the bi-weekly conference calls. A short email logging decisions made or resolutions agreed to shall be completed as necessary for each call.

Task 2.C: Project Meetings
Woodard & Curran will coordinate, prepare for, and attend up to four project workshops, including a kick-off workshop, a Basis of Design Report (BODR) review workshop, a 50% design submittal workshop, and an 80% design submittal workshop. For each of these workshops, Woodard & Curran will prepare meeting agendas, document meeting notes, and prepare and distribute meeting minutes following the workshops. Additionally, Woodard & Curran will conduct an internal

EXHIBIT A
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PROPOSED SCOPE OF SERVICES AND ASSUMPTIONS AND CLARIFICATIONS City of Modesto 8 Woodard & Curran, Inc.

JM Pike Park August 17, 2021
Senior Technical and Approach Review (STAR) Workshop at the beginning of the project as part of our quality control program.

Deliverables:

1. Monthly progress reports and invoices.

2. Baseline project schedule and monthly updates.

3. Meeting agendas, materials and minutes.

4. Summary notes and action items will be provided following each bi-weekly check-in call.

5. Preliminary data request for kickoff meeting.

TASK 3: PUBLIC OUTREACH
With the high potential for construction disturbance, it is imperative that the residents and businesses not only be informed of the project scope and process but also have an outlet to voice concerns or ask questions. To support public outreach, Consultant will work with the City to ensure the public is aware of the project extents, project schedule, and benefits of the project. Consultant will provide an outreach package consisting of:
 Technical support and presentation materials for two community meetings.  Preparation of two community meeting announcements and mailing list for property owners within a three-quarter mile radius of the project.
 Website content such as project description, project projected milestones, community meeting schedule information, community meeting presentation materials, and photos/drawings.  Project information content for use in City newsletters and uploading to accounts managed by City communications professionals.
 Design of two interpretive panels for installation at the park by the construction contractor.  Interpretive panels will include scannable codes and links to online information.

Assumptions:

1. City will schedule, reserve, and pay for any community meeting venues and ancillary costs related to community meetings.

2. Meeting announcements, mailers, and mailing list to be prepared by Consultant. City will mail out community meeting announcements.

3. City will develop the project webpage. City will provide website hosting and website maintenance. Consultant will provide website content such as project description, project projected milestones, community meeting schedule information, community meeting presentation materials, and photos/drawings in Word, pdf, or jpeg format. City will upload the content to the website.

4. Interpretive panels will be installed as part of the construction contractor’s scope.

Deliverables:

1. Mailings to residents with a 3/4-mile radius of the project boundaries (two mailings).

2. Announcements, agendas, presentation materials for two community meetings.

3. Project website content such as project description, project projected milestones, community meeting schedule information, community meeting presentation materials, and photos/drawings in Word, pdf, or jpeg format.

TASK 4: PERMITTTING
We will begin permitting as early as possible and communicate with cognizant agencies to coordinate design plan and applicational submittals. We understand this task will require close coordination with the Regional Water Quality Control Board for implementing the City’s Sanitary Sewer Master Plan and compliance with the City’s NPDES Permit. This task also

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PROPOSED SCOPE OF SERVICES AND ASSUMPTIONS AND CLARIFICATIONS City of Modesto 9 Woodard & Curran, Inc.

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includes time for coordination with the City’s Parks, Recreation, and Neighborhood Department, Stanislaus County, Modesto Irrigation District, and other City departments. This task includes completion of applications and submittals of application and plan packages for City permits. Woodard & Curran will review and coordinate with City staff for required grading, encroachment, or building permits associated with design and construction of the project. As design and coordination progresses, we will refine the specific permitting and coordination requirements. We assume the budgeted hours is sufficient to complete this coordination and any additional permitting or coordination efforts beyond these hours could be added on a time and materials basis.

Deliverables:

1. Completed permit applications for City permits (maximum of 3 applications).

TASK 5: ENVIRONMENTAL CLEARANCE
Per the RFP, the City will be responsible for the development of the Finding of Conformance and Notice of Determination.

Deliverables:

None
TASK 6: BID SUPPORT
In Task 6, Woodard & Curran will assist the City during the bidding, advertisement, and award process prior to contract award. The City shall distribute bid documents and maintain the plan holders list. Bid period services shall be performed under the following subtasks.

Task 6.A: Pre-bid Meeting
Woodard & Curran will assist the City in preparing for, attend, and assist at the pre-bid meeting. Woodard & Curran will also prepare the meeting agenda, materials and meeting minutes.

Task 6.B: Respond to Bidder Questions
Woodard & Curran will respond to requests for clarifications from prospective bidders regarding the project contract documents. Only requests made during the bidding process shall be taken into consideration. The City will be responsible for directing the requests to Consultant. For the purposes of this scope, it is assumed that Woodard & Curran will respond to 10 bidder’s questions at 2 hours per response for an estimated total of 20 hours spent responding to bidders’ questions.

Task 6.C: Prepare Addenda
Woodard & Curran shall prepare up to two project addenda. The City shall be responsible for distributing the addenda. For the purposes of this scope, it is assumed that each of the two project addenda will require 15 hours to prepare for an estimated total of 30 hours.

Task 6.D: Bid Evaluation and Recommendation
In Subtask 6.4, Woodard & Curran will review bids for responsiveness, contact references, and identify recommended contractors. The City will be responsible for the final award and associated contracting.

Assumptions:
 The City shall maintain the plan holder list.
 The City shall be responsible for distribution of bid documents and directing contractor’s requests for clarifications to Consultant.
 The City shall provide data and/or input as needed to address bidder questions.  The City shall be responsible for implementing its policies and procedures for public works procurement and purchasing.

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PROPOSED SCOPE OF SERVICES AND ASSUMPTIONS AND CLARIFICATIONS City of Modesto 10 Woodard & Curran, Inc.

JM Pike Park August 17, 2021
 Woodard & Curran Project Manager and Technical Coordinator shall attend the pre-bid meeting.  The City shall review all project deliverables.
 Review of project deliverables shall be completed within 10 working days of the submittal date Deliverables:

1. Responses to bidder requests for clarifications.

2. Up to two addenda, as needed.

3. Pre-bid meeting agenda, materials and minutes.

4. Bid evaluation forms and recommendations.

TASK 7: ENGINEERING SUPPORT DURING CONSTRUCTION
Woodard & Curran will provide the following during the construction phase of the project, estimated to be 52 weeks.  Attendance at 1 pre-construction meeting. Meeting is assumed to be 2 hours long plus travel time.  Attendance at biweekly construction progress meetings for a duration of construction (estimated to be 52 weeks). Fee estimate is based on a total of 20 construction progress meetings. Meetings are assumed to be attended via conference call. These meetings will replace progress meetings as described in Task 2B.  Periodic field visits. One field visit per month (total of 12) at 2 hours per meeting plus travel time.  Submittal review. This scope of work assumes a total of 60 submittals, inclusive of resubmittals. Submittal review duration is assumed to average 8 hours.
 Request for information review. This scope of work assumes a total of 50 requests for information with an average of 4 hours per response.
 Change order review and contract document modifications. This scope of work covers one change order reviews/contract modification with effort of 20 hours.
 Construction closeout support and input of final acceptance. Fee estimate is based on 80 hours of support directed at the following services.
 Review As-builts drawings submitted by the Contractor. Fee estimate is based on one submittal.  Preparation of record drawings.
 Review of warranty documents.

In addition to the services outlined above, Woodard & Curran will provide the following reporting during construction per the State requirements in the Storm Water Implementation Grant Agreement between the City of Modesto and the California State Water Resources Control Board (Agreement No. SWRCB0000000000D2112151).  Quarterly Progress Reports. Fee estimate is based on a total of 4 reports.  Draft and Final Project Report.
 Final Project Summary.
 Final Project Inspection and Certification.

TASK 8: WATER SYSTEM REPLACEMENT
Task 8 will consist of the design, permitting, bidding and construction phase support services for the water system replacements identified on Figure EX-1 on the following page. The scope of work assumes that the work under this task will be completed simultaneously with the work being performed on the Stormwater to Sanitary Cross Connection Removals outlined in Tasks 1 through 7. Woodard & Curran assumes all meetings and workshops for both projects will be combined.

Hence, no additional meetings or workshops are proposed. The following tasks/subtasks outline the additional services to be

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PROPOSED SCOPE OF SERVICES AND ASSUMPTIONS AND CLARIFICATIONS City of Modesto 11 Woodard & Curran, Inc.

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provided to support the water system replacement design.

TASK 8.A: CONSTRUCTION DOCUMENTS
Task 8.A.1 Field Data Collection Activities
Woodard & Curran will supplement the field data collection activities conducted Task 1.A.1 to support the design of the water system replacement. The following subtasks will be completed.

Task 8.A.1.1: Topographic Survey
Surveying subconsultant O’Dell Engineering will conduct an on the ground field survey for the water main replacement area shown in blue in the figure on page 2 of this scope of work. The survey will be conducted in accordance with the work outlined in Task 1.A.1.

Deliverables:

As noted in Task 1.A.1.

Task 8.A.1.2: Utility Locating Services
Scope as noted in Task 1.A.3.

Deliverables:

As noted in Task 1.A.3.

Task 8.A.2: Design Drawings
Scope as noted in Task 1.B.

Woodard & Curran anticipates the following additional plans will be required.

Distribution System Plan and Profile (Scale 1”=40’ Horz. and 1”=4’ Vert.) 30 Sheets Standard Details 4 Sheets
Custom Details 4 Sheets
Total: 38 Anticipated Sheets
Deliverables:

As noted in Task 1B.

TASK 8.A.3 Specifications
Scope as noted in Task 1.C.

Woodard & Curran anticipates the following additional relevant sections will be required.  DIVISION 11 — EQUIPMENT
 DIVISION 15 — MECHANICAL/PLUBMING
Deliverables:

As noted in Task 1C.

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PROPOSED SCOPE OF SERVICES AND ASSUMPTIONS AND CLARIFICATIONS City of Modesto 12 Woodard & Curran, Inc.

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Task 8.A.4: Construction Cost Estimate
Scope as noted in Task 1.D.

Bid items related to the water system replacement will be identified such that progress and payment of these items can be readily separated from the bid items for the Stormwater to Sanitary Cross Connection Removal Project.

Deliverables:

As noted in Task 1D.

Task 8.A.5: Supporting Documentation (Basis of Design Report) Scope as noted in Task 1.E.

The Basis of Design Report will include narratives pertaining to the water system replacement project elements.

Deliverables:

As noted in Task 1E.

TASK 8.B: PROJECT MANAGEMENT
Woodard & Curran will conduct the project management activities required to manage technical, financial, and schedule aspects of the Project necessary to complete the work on time, within budget and of suitable quality as noted in Task 2.

Deliverables:

As noted in Task 2.

TASK 8.C: PUBLIC OUTREACH
Woodard & Curran will conduct the public outreach activities for the water system as noted in Task 3.

Deliverables:

As noted in Task 3.

TASK 8.D BID SERVICES
Scope as noted in Task 6.

Deliverables:

As noted in Task 6.

TASK 8.E: ENGINEERING SUPPORT DURING CONSTRUCTION
Scope as noted in Task 7.

Engineering support during construction will include the additional services related to the water system replacement.  Submittal review. This scope of work assumes a total of 30 submittals, inclusive of resubmittals. Submittal review duration is assumed to average 8 hours.
 Request for information review. This scope of work assumes a total of 30 requests for information with an average effort of 4 hours per response.
 Change order review and contract document modifications. This scope of work assumes 1 change order reviews/ contract document modifications with an average effort of 20 hours per modification.  Exhibit A will not be included in this Task.

EXHIBIT A
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PROPOSED SCOPE OF SERVICES AND ASSUMPTIONS AND CLARIFICATIONS City of Modesto 13 Woodard & Curran, Inc.

JM Pike Park August 17, 2021
Deliverables:

As noted in Task 7 (except the requirements of the Storm Water Implementation Grant Agreement will not be prepared for the water main replacement portion of the project).

TASK 8.F: RIGHT-OF-ENTRY EXHIBITS
Consultant will prepare right-of-entry letters and exhibits showing lot lines, existing structures, existing water service, and proposed water service improvements on an aerial base. Letters and exhibits will be delivered as pdf files to the City for mailing.

Assumptions:
 City to cover all administrative tasks and costs of mailing letters and follow up with property owners.

Deliverables:
 Orthorectified aerial photography of project area
 Right-of-Entry letters and exhibits for 220 parcels served by upgraded water system.

ASSUMPTIONS & CLARIFICATIONS

1. Design services are limited to the project scope elements outlined in the RFQ and PDR logically or implied as necessary to completing the work outlined in the aforementioned documents. Engineering design services for substantive changes or additions to the project scope elements will be provided for additional fee.

2. City will provide all prior design materials and documents, including but not limited to, record parcel and easement deeds, maps, land surveys, topographic mapping, geotechnical studies and hydraulic analysis.

3. City shall provide the following information from the Roosevelt Park and Garrison Park projects; a. » All relevant project specific construction details and City Standard Details, in AutoCAD format. b. » Engineer’s construction cost estimate, contractor bid and final construction costs, including change orders. c. » All relevant specifications in MS Word format.

4. City shall be responsible for development of front-end specifications.

5. Specifications shall be prepared using Microsoft Word and shall make use of the Woodard & Curran team’s guideline specifications.

6. Materials testing, acceptance testing of project components and traffic control will be handled as requirements for the contractor in the technical specifications.

7. The City shall provide Woodard & Curran with its standard drawing title block in AutoCAD format.

8. Drawings shall be prepared using AutoCAD Civil 3D 2018 or newer version, standard City drawing title blocks, and Consultant’s graphical cell libraries.

9. All improvements will be compiled into one set of final design drawings and technical specifications and does not include phased bidding or construction.

10. City staff shall participate in project design review workshops and make available necessary staff for making decisions to advance the project design.

11. City shall provide a single set of consolidated and refereed comments for each draft deliverable.

12. Review of project deliverables and written comments or markups shall be completed by the City within 10 working days following the submittal date.

13. All work, except for new water services, is proposed on land owned by the City, hence no taking Plans and Easement

EXHIBIT A
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PROPOSED SCOPE OF SERVICES AND ASSUMPTIONS AND CLARIFICATIONS City of Modesto 14 Woodard & Curran, Inc.

JM Pike Park August 17, 2021
Plans will be prepared.

14. Survey for construction layout is not included.

15. The City will assist in coordinating meetings with internal and external stakeholders and will participate in project meetings and workshops

16. All meetings are assumed to be conducted virtually unless otherwise noted.

17. Duration of the design portion of the project is estimated at 7 months.

18. Duration of the construction phase of the project is estimated at 52 weeks.

19. Biweekly conference calls are assumed to be an hour long and will be attended by the Project Manager and Technical Leads.

20. Project Workshops are assumed to be two hours long and will be attended by the Project Manager, Design Coordinator and Technical Lead.

21. City of Modesto will provide a Construction Manager responsible for the administration of the construction contract,

22. City of Modesto will provide a Resident Project Representative responsible for the verification of Contractors progress and quality of work.

23. Woodard and Curran assumes that the existing Park site lighting, security and electrical systems can be protected in-place and therefore has not budgeted for design of lighting and electrical design.

24. Our fieldwork will be completed during standard daytime hours (7am to 6pm).

25. Encroachment Permit fees will be waived.

26. Borings will be backfilled with cuttings or neat cement grout per boring permit requirements.

27. Borings in paved areas will be patched with quick setting concrete dyed black.

28. Hotmix asphalt pavement patching will not be required and is not included.

29. Water system replacement fee assumes water system tasks will be in conjunction with the stormwater tasks.

30. Existing water mains and service connections will be abandoned in place and no demolition/removal drawings will be provided.

31. Infiltration rate testing pipes may be too deep to retrieve and could be left in the test hole during backfill.

32. Traffic control is expected to consist of partial lane closures with signs and cones with and without flaggers.

33. Potholes will be backfilled per City requirements (Detail No. 802 from the 2014 specifications).

34. Pothole locations will have an approximate 1 ft x 1 ft excavation limit.

35. Pothole locations will be located in either soil or asphalt. No concrete excavation is included.

36. Exposing high pressure gas lines during potholing is not included and would require additional compensation and coordination.

37. Does not include rental, use, or other fees associated with facilities within which to hold public meetings.

38. Does not include off-site park improvements (outside back of walk)

39. Traffic control services are limited to the following:
 Three (3) days at prevailing wage rates for surveying of Storm Drain routes.  Two (2) days at prevailing wage rates for surveying of Water Line routes.  It is assumed the City will provide the permit at no cost.  Excludes the preparation and processing of custom traffic control plan drawings. It is assumed that standard traffic control plans will be acceptable.

40. Obstructed or inaccessible areas may not be mapped.

41. Scope does not include mapping of small trees, shrubs, or other minor vegetation.

42. Pipe inverts which are not visible and exposed at the time of the survey due to inundation with water, trash, dirt, debris, etc. may not be measured. If any such invert is required for design, an additional mobilization charge may be required and will be scheduled after the client has made arrangements with the local agency to clean out the structure.

EXHIBIT A
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PROPOSED SCOPE OF SERVICES AND ASSUMPTIONS AND CLARIFICATIONS City of Modesto 15 Woodard & Curran, Inc.

JM Pike Park August 17, 2021

43. Scope does not include survey monument preservation as defined and required by Section 8771 of the Professional Land Surveyors’ Act.

44. A record boundary is a planning level tool and is not a fully resolved parcel boundary. It does not include the review of adjoined parcel deeds, analysis of physical features along parcel boundaries, or resolution of conflicting title evidence.

45. If sufficient property corner monuments cannot be located with a reasonable level of effort, it may not be possible to provide the record boundary linework on the same coordinate system as the topographic survey deliverables without additional costs

46. Scope does not include preparation of land description packages or other property/right-of-way acquisition documents.

47. Scope does not include land title research needed to establish right-of-way ownership, or right-of-way status as a fee ownership or easement right.

48. Scope does not include setting of property corner monuments or other marks on old or new property lines.

49. Scope does not include preparation of a record-of-survey map or corner record.

50. Potholing will be performed on a time and materials basis with allowance noted in the fee table.

EXHIBIT A
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Fee Estimate
City of Modesto
JM Pike Park Project
Tasks Total
PIC Project
Manager PM2 STPL QA/QC PE2 PM1 PE 2 E1 E1 Senior Cost Estimator E1 Senior Designer Project
Assistant Survey Geotech Landscape Architect
Utility
Locator
Jim
Graydon
Glenn
Hermanson
Millicent
Cowley
Crawford
Leslie
Dumas
Kathleen
Higgins /
Dave White
Herman
Peralta
Ryker
Brown
Greg
Sands
Alisha
Mayer
Carly
Quinn Kris Rosner Staff Engineer
Victor
Martins /
Kimberly
Carpenter
Debbie
O'Dell O'Dell Crawford O'Dell Arrow
$298 $298 $281 $298 $286 $249 $265 $249 $171 $171 $187 $171 $132 $116 Task 1: Construction Documents
Task 1.A: Field Data Collection Activities
Topographic Survey 4 4 $996 $112,746 $112,746 $124,021 $0 $125,017 Geotechnical Exploration, Analysis, and Report Preparation 4 4 $996 $104,103 $104,103 $114,513 $100 $110 $115,619 Utility Services Location 4 8 16 28 $4,476 $40,000 $40,000 $44,000 $0 $0 $48,476 Task 1.B: Design Drawings 0 $0 $0 $0 $0 $0 $0
50% Design (including H&H Design) 16 32 32 100 60 120 250 500 1110 $192,022 $50,114 $50,114 $55,125 $3,500 $3,850 $250,997 80% Design 8 24 24 40 24 50 100 300 570 $97,178 $23,600 $23,600 $25,960 $3,500 $3,850 $126,988 100% Design 8 16 16 16 16 20 50 80 222 $41,954 $2,610 $9,124 $11,734 $12,907 $3,000 $3,300 $58,161 Task 1.C: Specifications 0 $0 $0 $0 $0 $0
50% Design 8 8 16 20 40 32 124 $22,600 $0 $0 $0 $22,600 80% Design 4 4 8 16 20 16 68 $12,326 $0 $0 $0 $12,326
100% Design 4 2 8 8 12 8 42 $8,097 $0 $0 $0 $8,097
Task 1.D: Construction Cost Estimate 0 $0 $0 $0 $0 $0
50% Design 4 4 12 12 40 8 80 $15,767 $0 $0 $0 $15,767
80% Design 2 2 8 8 16 4 40 $7,976 $0 $0 $0 $7,976
100% Design 2 2 4 4 8 4 24 $4,800 $0 $0 $0 $4,800
Task 1.E: Supporting Documentation (Basis of Design Report) 8 16 8 40 40 45 60 24 24 265 $53,004 $11,788 $11,788 $12,967 $30 $33 $66,004 Task 1.F: Monitoring Plan 2 8 8 16 16 24 12 8 94 $18,175 $0 $0 $30 $30 $18,205 Subtotal Task 1: 0 66 118 0 80 272 156 295 580 64 8 932 104 2675 $480,368 $115,356 $104,103 $94,626 $40,000 $354,085 $389,493 $10,160 $11,173 $881,034 Task 2: Project Management
Task 2.A: Project Progress, Budget, and Schedule Tracking 8 60 120 16 204 $55,846 $0 $55,846 Task 2.B: Project Communications 4 12 12 28 $8,140 $0 $8,140 Task 2.C: Project Meetings 4 24 24 24 16 92 $22,926 $0 $22,926 Subtotal Task 2: 16 96 156 0 0 24 0 0 0 0 0 0 0 32 324 $86,912 $0 $0 $0 $0 $0 $0 $0 $0 $86,912 Task 3: Public Outreach
Public Outreach 4 8 24 36 $6,352 $10,000 $10,000 $11,000 $0 $17,352 Subtotal Task 3: 0 4 0 0 0 8 0 0 0 0 0 24 0 36 $6,352 $0 $0 $10,000 $0 $10,000 $11,000 $0 $0 $17,352 Task 4: Permitting
Permitting 32 60 24 8 124 $23,895 $0 $0 $0 $23,895
Subtotal Task 4: 0 0 0 32 0 0 0 0 60 0 0 24 8 124 $23,895 $0 $0 $0 $0 $0 $0 $0 $0 $23,895 Task 5: Environmental Clearance
As-Needed Support 0 $0 $0 $0 $0
Subtotal Task 5: 0 0 0 0 0 0 0 0 0 0 0 0 0 0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 Task 6: Bid Support
Task 6.A: Pre-bid Meeting 6 8 10 10 8 42 $10,072 $0 $0 $10,072 Task 6.B: Respond to Bidder Questions 10 15 15 12 4 56 $12,330 $3,000 $3,000 $3,300 $15,630 Task 6.C: Prepare Addenda 4 8 12 $3,116 $3,000 $3,000 $3,300 $6,416 Task 6.D: Bid Evaluation and Recommendation 4 4 $1,124 $0 $0 $1,124 Subtotal Task 6: 0 6 26 0 0 33 0 25 0 0 0 0 20 4 114 $26,642 $0 $0 $6,000 $0 $6,000 $6,600 $0 $0 $33,242 Task 7: Engineering Support During Construction
Constuction Phase PM 4 24 206 24 258 $62,431 $0 $0 $0 $62,431 Pre-construction Meeting and Bi-weekly Construction Meetings 25 25 25 75 $19,475 $0 $0 $200 $220 $19,695 Monthly Field Visits 13 65 78 $19,838 $1,570 $5,944 $7,514 $8,265 $1,700 $1,870 $29,973 Submittals 60 60 120 $29,880 $1,340 $7,000 $8,340 $9,174 $0 $39,054 RFIs 50 50 100 $24,900 $2,000 $7,000 $9,000 $9,900 $0 $34,800 Change Order 4 16 16 36 $9,092 $0 $0 $0 $9,092
Close Out 16 16 32 64 $12,704 $0 $0 $500 $550 $13,254
Exhibit A 4 8 8 4 16 16 24 16 32 128 $24,876 $0 $0 $0 $24,876 Subtotal Task 7: 4 28 66 8 4 183 0 438 24 0 0 0 48 56 859 $203,197 $0 $4,910 $19,944 $0 $24,854 $27,339 $2,400 $2,640 $233,176 Task 8: Water System Replacement
Task 8.A: Construction Documents 0 $0 $0 $0 $0 $0
Task 8.A.1: Field Data Collection Activities 0 $0 $0 $0 $0 $0 Topographic Survey 2 4 8 14 $2,270 $113,471 $113,471 $124,818 $100 $110 $127,198 Utility Location Services 2 4 8 14 $2,270 $20,000 $20,000 $22,000 $0 $0 $24,270 Task 8.A.2: Design Drawings 24 40 180 360 380 984 $174,004 $0 $0 $3,000 $3,300 $177,304 Task 8.A.3: Specifications 12 24 40 100 176 $36,852 $0 $0 $0 $36,852 Task 8.A.4: Construction Cost Estimate 8 8 12 40 68 $13,492 $0 $0 $0 $13,492 Task 8.A.5: Supporting Documentation (Basis of Design Report) 16 8 32 38 94 $16,720 $0 $0 $0 $16,720 Task 8.B: Project Management 0 $0 $0 $0 $0 $0
Project Progress, Budget, and Schedule Tracking 4 64 64 40 172 $48,848 $0 $0 $0 $48,848 Project Communications 45 45 $11,925 $0 $0 $0 $11,925
Project Meetings 16 16 24 56 $15,624 $0 $0 $0 $15,624
Task 8.C: Public Outreach 2 4 4 24 34 $6,016 $9,692 $9,692 $10,661 $0 $16,677 Task 8.D: Bid Services 19 19 8 130 176 $28,294 $0 $0 $0 $28,294 Task 8.E: Engineering Support During Construction 24 80 324 428 $81,684 $0 $0 $0 $81,684 Task 8.F: Right-of-Entry Exhibits 16 28 110 154 $30,022 $9,000 $9,000 $9,900 $0 $39,922 Subtotal Task 8: 4 82 80 4 44 0 264 355 0 0 12 982 588 0 2415 $468,021 $122,471 $0 $9,692 $20,000 $152,163 $167,379 $3,100 $3,410 $638,810 STORMWATER IMPROVEMENTS TOTAL Tasks 1-7: 20 200 366 40 84 520 0 619 319 640 64 8 1048 204 4132 $827,366 $115,356 $109,013 $130,570 $40,000 $394,939 $434,432 $12,560 $13,813 $1,275,611 WATER SYSTEM IMPROVEMENTS TOTAL Task 8: 4 82 80 4 44 0 264 355 0 0 12 982 588 0 2415 $468,021 $122,471 $0 $9,692 $20,000 $152,163 $167,379 $3,100 $3,410 $638,810 TOTAL ENGINEERING FEE: 24 282 446 44 128 520 264 974 319 640 76 990 1636 204 6547 $1,295,387 $237,827 $109,013 $140,262 $60,000 $547,102 $601,811 $15,660 $17,223 $1,914,421

1. The individual hourly rates include salary, overhead and profit.

2. Subconsultants will be billed at actual cost plus 10%.

3. Other direct costs (ODCs) such as reproduction, delivery, mileage (rates will be those allowed by current IRS guidelines), and travel expenses, will be billed at actual cost plus 10%.

4. W&C reserves the right to adjust its hourly rate structure and ODC markup at the beginning of the calendar year for all ongoing contracts.

Total
Fee
Labor ODCs
Total Hours Total Labor
Costs (1) Subtotal
Sub
Consultant
Total Cost
(2)
ODCs Total ODCs (3)

EXHIBIT B
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Updated: June 2020
City of Modesto
Finding of Conformance to
Wastewater System EIR:

Initial Study Environmental Checklist
EA/UTL No. 2020-09
For the proposed:

JM Pike Park Stormwater to Sanitary CrossConnection Removal Project Prepared by:

City of Modesto
Utilities Department
June 2020
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Updated: June 2020
(Intentional Blank Page)
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City of Modesto Initial Study EA/Utilities No. 2020-09
Wastewater System EIR 1 June 2020
City of Modesto
Wastewater System EIR
Initial Study Environmental Checklist
I. PURPOSE
CEQA allows for the limited environmental review of subsequent projects under the City’s Wastewater System Environmental Impact Report (SCH# 2013082006) (“EIR”). The Wastewater System EIR updates and replaces earlier Wastewater Master Plan analysis. This Initial Study Environmental Checklist (“Initial Study”) is used in determining whether the JM Pike Park Stormwater to Sanitary Cross-Connection Removal Project is “within the scope” of the project analyzed in the Wastewater System EIR (SCH# 2013082006) (Public Resources Code section 21157.1). If the Initial Study supports this conclusion, the City will issue a finding of conformance.

A subsequent project is “within the scope” of an EIR when:

1. it will have no additional significant effects on the environment that were not addressed as significant effects in the EIR; and

Applicant: City of Modesto
Engineering Department
1010 Tenth Street, Suite 4600
P. O. Box 642
Modesto, CA 95353
D. City Contact Person:

Project Manager: Miguel Alvarez
Department: Engineering Department
Phone Number: (209) 577-5348
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City of Modesto Initial Study EA/Utilities No. 2020-09
Wastewater System EIR 2 June 2020
E-mail address: [email protected]
E. Current General Plan Designation(s): Primarily R (Residential) with small areas of C (Commercial) and MU (Mixed Use).

G. Surrounding Land Uses: A retention/infiltration facility will be constructed in JM Pike Park.

H. Project Description:

Currently, the cross-connections and rock wells provide storm water drainage for residents and businesses within the defined 78-acre area. The cross connections capture excess storm water which then flows to the City’s primary wastewater treatment facility. These storm drain/sanitary sewer connections reduce localized neighborhood flooding and increase the volume of wet weather flows in the sanitary sewers and treatment plants. During storm events, these connections affect capacity in the sanitary sewer collection system and wastewater treatment plants. The removal of these eight cross connections will alleviate some of the wet weather flows, (approximately 17.3 MG per year) experienced by the sanitary sewer system, thereby carrying out the proposed action to improve the City’s sewer operations through the removal of storm drainage cross connections as identified and established by the City’s 2007 Wastewater Master Plan as updated in 2016.

The 100-year, 24-hour storm drainage retention volume for the JM Pike Park facility will be 22.8 acre feet. This capacity is based on a rainfall of 5.6 inches, the 100-year/6-day storm. The #13..
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City of Modesto Initial Study EA/Utilities No. 2020-09
Wastewater System EIR 3 June 2020
design percolation rate for the JM Pike Park facility is 16.9 inches per hour. A map showing the location of facilities to be installed is attached as Figure 2.

I. Other Public Agencies Whose Approval is Required:

California Department of Water Resources
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City of Modesto Initial Study EA/Utilities No. 2020-09
Wastewater System EIR 4 June 2020
FIGURE 1: LOCATION MAP
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City of Modesto Initial Study EA/Utilities No. 2020-09
Wastewater System EIR 5 June 2020
FIGURE 2: FACILITIES IN PARK
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City of Modesto Initial Study EA/Utilities No. 2020-09
Wastewater System EIR 6 June 2020
FIGURE 3: OVERALL PROJECT FACILITIES DIAGRAM
Pre-Treatment Device
Pre-Treatment Device
Underground Storage System
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City of Modesto Initial Study EA/Utilities No. 2020-09
Wastewater System EIR 7 June 2020
III. FINDINGS/DETERMINATION (SELECT ONE ON THE BASIS OF THE ANALYSIS IN

SECTION IV)

1. X Within the Scope - The project is within the scope of the Wastewater System EIR and no new environmental document or Public Resources Code Section 21081 findings are required.

All of the following statements are found to be true:

A. The subsequent project will have no additional significant effect on the environment, as defined in subdivision (d) of Section 21158 of the Public Resources Code, that was not identified in and mitigated through the EIR.

B. No new or additional mitigation measures or alternatives are required.

C. The subsequent project is within the scope of the project covered by the EIR.

D. All applicable policies, regulations, and mitigation measures identified in the EIR have been applied to the subsequent project or otherwise made conditions of approval of the subsequent project.

2. Mitigated Negative Declaration Required - On the basis of the above determinations, the project is not within the scope of the Wastewater System EIR. A mitigated negative declaration will be prepared for the project. The following statements are all found to be true:

A. The subsequent project is within the scope of the project covered by the EIR.

B. All applicable policies, regulations, and mitigation measures identified in the EIR have been applied to the subsequent project or otherwise made conditions of approval of the subsequent project.

C. The project will have one or more potential new significant effects on the environment that were not addressed as significant effects in the EIR. New or additional mitigation measures are being required of the project that will reduce the effects to a less-thansignificant level.

3. Focused EIR Required- On the basis of the above determinations, the project has new or more significant effects or requires new mitigation as compared to the Wastewater System EIR. A Focused EIR will be prepared for the project. All of the following statements are found to be true:

A. The subsequent project is within the scope of the project covered by the EIR.

B. All applicable policies, regulations, and mitigation measures identified in the EIR have been applied to the subsequent project or otherwise made conditions of approval of the subsequent project.

C. The project will have one or more new significant effects on the environment that were not addressed as significant effects in the EIR. New or additional mitigation measures or alternatives are required as a result.

Miguel Alvarez, Project Manager Title: Associate Civil Engineer Date #13..
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City of Modesto Initial Study EA/Utilities No. 2020-09
Wastewater System EIR 8 June 2020

4. Within the Scope Analysis of this Document:

5. Currency of the Master EIR Document
The MEIR should be reviewed on a regular basis to determine its currency, and whether additional analysis/mitigation should be incorporated into the MEIR via a Supplemental or Subsequent EIR #13..
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City of Modesto Initial Study EA/Utilities No. 2020-09
Wastewater System EIR 9 June 2020
(CEQA Section 21157.6). Staff has reviewed the Wastewater System Upgrades Project MEIR in light of the criteria listed below to determine whether the Master EIR is current. The analysis contained within the Master EIR is current as long as the following circumstances have not changed. Any “no” response must be explained.

All environmental effects cited reflect conditions resulting from the Wastewater Master Plan, as identified in the EIR.
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City of Modesto Initial Study EA/Utilities No. 2020-09
Wastewater System EIR 10 June 2020
The environmental impact analysis in the EIR for the Wastewater Master Plan is organized into subject areas. The following analysis is based on the impact analyses contained in the EIR. The EIR (and associated MMRP) identifies impacts and mitigation related to the following project components:

River Trunk Realignment, Collection System, and Treatment Plant Improvements. As the current project is a subset of the Collection System projects, only those impacts and mitigations related to the Collections System are considered in this document.
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Wastewater System EIR 11 June 2020

Discussion:

Significance Criteria: Determination of project effects will be based on the following thresholds. The project-specific effects will be less than significant if impacts are equal to or less than impacts disclosed in the Wastewater Master Plan Master EIR. New impacts may result in new mitigation. #13..
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City of Modesto Initial Study EA/Utilities No. 2020-09
Wastewater System EIR 12 June 2020
Potentially
Significant
Impact, as
Compared to EIR
No Significant
Impact with
EIR Mitigation
Less Than
Significant or
No
Impact

Discussion:
1-4) The proposed project includes installation of storm water collection facilities and a sub-surface storm water disposal facility, and will not include permanent aboveground structures. 1) The project is not in the vicinity of any scenic vista. 2) The project is not in the vicinity of any scenic highway 3) The project is within the urbanized area
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City of Modesto Initial Study EA/Utilities No. 2020-09
Wastewater System EIR 13 June 2020

Discussion:

Potentially
Significant
Impact, as
Compared to
EIR
No Significant
Impact with
EIR Mitigation
Less Than
Significant or
No
Impact

2. AGRICULTURAL RESOURCES
1) Convert Prime Farmland, Unique Farmland, or
Farmland of Statewide Importance (Farmland), as
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Wastewater System EIR 14 June 2020

Discussion:
(1-3) All construction would occur within existing rights-of-way and City park and would not affect farmland. The project would not provide new wastewater capacity beyond that identified in the EIR.
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Wastewater System EIR 15 June 2020

No new or additional mitigation measures or alternatives are required to reduce project impacts to a less-than-significant level.
c. Project-Specific Effects
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City of Modesto Initial Study EA/Utilities No. 2020-09
Wastewater System EIR 16 June 2020
Chapter 6 of the EIR identifies the potential impacts of implementing the Wastewater Master Plan on air quality. The following is an analysis of whether the proposed project would result in a new, significant, project-specific effect not disclosed in the EIR.

Potentially
Significant
Impact, as
Compared to
MEIR
No Significant
Impact with
MEIR
Mitigation
Less Than
Significant or
No
Impact

Discussion:
(1-2) Construction activities could contribute to existing violations of air quality standards.

Mitigation Measures AQ-1 and AQ-2 will be implemented as part of the construction process.

Cumulative Impacts:
(4) The proposed project is designed and intended to remove stormwater from the wastewater stream and will not create any new unanticipated capacity for growth. It is a gravity flow facility and will not create any operational emissions. The project would not provide new wastewater capacity beyond that identified in the EIR.
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Wastewater System EIR 17 June 2020

Impact BIO-4: Impacts on Special-status Fishes (Less than Significant with Mitigation) Not applicable to collection system projects not near waterways, such as the cross-connection reduction project.

Impact BIO-5: Impacts on Western Pond Turtle (Less than Significant with Mitigation) Not applicable to collection system projects not near waterways, such as the cross-connection reduction project.

Impact BIO-6: Impacts on Burrowing Owl (Less than Significant with Mitigation) Mitigation Measure BIO-9: Conduct Pre-construction Surveys for Burrowing Owls and Implement No-Work Buffer Areas If Necessary. (The EIR identifies the potential for burrowing owl associated with some program-level components occurring in in grassland or agricultural habitat. The cross connection removal project does not include any grassland or agricultural habitat.)
Impact BIO-7: Impacts on Golden Eagle and Bald Eagle (Less than Significant) #13..
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City of Modesto Initial Study EA/Utilities No. 2020-09
Wastewater System EIR 18 June 2020
Impact BIO-8: Impacts on Raptors, Including Special-status Species (Less than Significant with Mitigation)
Mitigation Measure BIO-10: Avoid and Minimize Impacts on Raptors, including Special-status Species.

Mitigation Measure BIO-11: Compensate for Loss of Raptor Foraging Habitat. (Not applicable:

Impact BIO-14: Conflict with Local Ordinances or Policies Protecting Biological Resources (Less than Significant with Mitigation)
Implementation of applicable mitigation measures identified above.

Discussion:

No new or additional mitigation measures or alternatives are required to reduce project impacts to a less-than-significant level.
#13..
- 783 -
City of Modesto Initial Study EA/Utilities No. 2020-09
Wastewater System EIR 19 June 2020
c. Project-Specific Effects
Chapter 7 of the EIR identifies the potential impacts of implementing the Wastewater Master Plan on biological resources. The following is an analysis of whether the proposed project would result in a new, significant, project-specific effect not disclosed in the EIR.

Potentially
Significant
Impact, as
Compared to
MEIR
No Significant
Impact with
MEIR
Mitigation
Less Than
Significant
or
No
Impact

Discussion:
(1) The project is located within existing street rights-of-way and park. The project incorporates all identified mitigation.
#13..
- 784 -
City of Modesto Initial Study EA/Utilities No. 2020-09
Wastewater System EIR 20 June 2020
(2-3) The project is located within existing street rights-of-way and park. The site does not include nor is near to any wetlands, vernal pools, or other riparian habitat. (4) The project is located within existing street rights-of-way and park. Mitigation BIO-15 is incorporated into the project.
(5) The project is located within existing street rights-of-way and park. Removal of stormwater cross-connections from sanitary is specifically envisioned in the City’s plans and policies. (6) The project is located within existing street rights-of-way and park. No HCP, NCCP, or other approved habitat conservation plan is applicable to the project area. #13..
- 785 -
City of Modesto Initial Study EA/Utilities No. 2020-09
Wastewater System EIR 21 June 2020

Discussion:

No new or additional mitigation measures or alternatives are required to reduce project impacts to a less-than-significant level.
c. Project-Specific Effects
Chapter 8 of the EIR identifies the potential impacts of implementing the Wastewater Master Plan on cultural, paleontological, and tribal cultural resources. The following is an analysis of whether the proposed project would result in a new, significant, project-specific effect not disclosed in the EIR. #13..
- 786 -
City of Modesto Initial Study EA/Utilities No. 2020-09
Wastewater System EIR 22 June 2020
Significance Criteria: Determination of project effects will be based on the following thresholds. The project-specific effects will be less than significant if impacts are equal to or less than impacts disclosed in the Master EIR. New impacts may result in new mitigation.

Potentially
Significant
Impact, as
Compared to
MEIR
No Significant
Impact with
MEIR
Mitigation
Less Than
Significant
or
No
Impact

5. CULTURAL, PALEONTOLOGICAL, AND TRIBAL

CULTURAL RESOURCES

#13..
- 787 -
City of Modesto Initial Study EA/Utilities No. 2020-09
Wastewater System EIR 23 June 2020

Potentially
Significant
Impact, as
Compared to
MEIR
No Significant
Impact with
MEIR
Mitigation
Less Than
Significant or
No
Impact

6. GEOLOGY, SOILS ,AND SEISMICITY
1) Expose people or structures to potential
substantial adverse effects, including the risk of
loss, injury, or death involving:
#13..
- 788 -
City of Modesto Initial Study EA/Utilities No. 2020-09
Wastewater System EIR 24 June 2020

Discussion:
(1-4) The project is located within existing park and street rights of way. The project has no potential for any of the potential geological, soils, or seismic impacts beyond those identified in the EIR and determined to be less than significant.
5) The project is within the area served by the Modesto sanitary sewer system but does not provide for any uses generating wastewater.
#13..
- 789 -
City of Modesto Initial Study EA/Utilities No. 2020-09
Wastewater System EIR 25 June 2020

Discussion:

Potentially
Significant
Impact, as
Compared to
MEIR
No Significant
Impact with
MEIR
Mitigation
Less Than
Significant or
No
Impact

7. GREENHOUSE GAS EMISSIONS AND

ENERGY RESOURCES

1) Generate a substantial amount of GHG
emissions
2) Conflict with an applicable plan, policy, or
regulation adopted for the purpose of reducing
#13..
- 790 -
City of Modesto Initial Study EA/Utilities No. 2020-09
Wastewater System EIR 26 June 2020
Discussion:
(1-2) The proposed project is a gravity-flow facility and would not result in energy use during operation. Construction will be subject to best-practice policies and regulations. The project is consistent with the adopted Wastewater Master Plan and will not result in any new additional emissions.
(3-4) The proposed project is a gravity-flow facility and would not result in energy use during operation. Construction will be subject to best-practice policies and regulations. emissions of GHGs.
3) Cause wasteful, inefficient, and unnecessary
consumption of energy during construction or
operation.
4) Cause a substantial increase in energy demand
and the need for additional energy resources.
#13..
- 791 -
City of Modesto Initial Study EA/Utilities No. 2020-09
Wastewater System EIR 27 June 2020

Direct Impacts
Impact HAZ-1: Create a Substantial Hazard to the Public or the Environment through the Routine Transport, Use, or Disposal of Hazardous Materials during Construction (Less than Significant)
Impact HAZ-2: Create a Substantial Hazard to the Public or the Environment through the Routine Transport, Use, or Disposal of Hazardous Materials during Operation (Less than Significant)
Impact HAZ-3: Create a Significant Hazard to the Public or the Environment through Reasonably Foreseeable Upset and Accident Conditions Involving the Release of Hazardous Materials into the Environment during Construction (Less than Significant) Impact HAZ-4: Create a Significant Hazard to the Public or the Environment through Reasonably Foreseeable Upset and Accident Conditions Involving the Release of Hazardous Materials into the Environment during Operation (Less than Significant) Impact HAZ-5: Emit Hazardous Emissions or Handle Hazardous or Acutely Hazardous Materials, Substances, or Waste within 0.25 Mile of an Existing or Proposed School (Less than Significant)
Impact HAZ-6: Location on a Site Which Is Included on a List of Hazardous Materials Sites Compiled Pursuant to Government Code Section 65962.5 and, as a Result, Create a Significant Hazard to the Public or the Environment (Less than Significant) Impact HAZ-7: Location in an Airport Land Use Plan or within 2 Miles of a Public Airport, Resulting in a Safety Hazard for People Residing or Working in the Program Area (Less than Significant)
Impact HAZ-8: Impair Implementation of or Physically Interfere with an Adopted Emergency Response Plan or Emergency Evacuation Plan (Less than Significant) Impact HAZ-9: Expose People or Structures, either directly or indirectly, to a Significant Risk of Loss, Injury, or Death Involving Wildland Fires (No Impact) Cumulative Impacts
None
b. Master EIR and/or New Mitigation Measures Applied to the Project Mitigation measures related to hazard and hazardous materials appear in Chapter 11 of EIR (no mitigation measures).
#13..
- 792 -
City of Modesto Initial Study EA/Utilities No. 2020-09
Wastewater System EIR 28 June 2020
Discussion:

Potentially
Significant
Impact, as
Compared to
MEIR
No Significant
Impact with
MEIR
Mitigation
Less Than
Significant or
No
Impact

8. HAZARDS AND HAZARDOUS MATERIALS
1) Create a significant hazard to the public or the
environment through reasonably foreseeable upset
and accident conditions involving the release of
hazardous materials into the environment.
2) Emit hazardous emissions or handle hazardous or
acutely hazardous materials, substances, or waste
within one-quarter mile of an existing or proposed
school.
3) Be located on a site which is included on a list of
hazardous materials sites compiled pursuant to
Government Code Section 65962.5 and, as a result,
would it create a significant hazard to the public or
the environment.
4) For a project located within an airport land use
plan or, where such a plan has not been adopted,
within two miles of a public airport or public use
airport, the project would result in a safety hazard
or excessive noise for people residing or working in
the project area.
5) Impair implementation of or physically interfere
with an adopted emergency response plan or
emergency evacuation plan
6) Expose people or structures, either directly or
indirectly, to a significant risk of loss, injury or
death involving wildland fires, including where
wildlands are adjacent to urbanized areas or where
residences are intermixed with wildlands
#13..
- 793 -
City of Modesto Initial Study EA/Utilities No. 2020-09
Wastewater System EIR 29 June 2020
Discussion:
(1-2) The proposed project will not employ hazardous materials. No impact is expected and no mitigation is necessary.
(3) The project is not proposed on a 65962.5 site.

(4) The project does not include above-ground features above one-story in height. (5) The project will not result in any changes to emergency routs or affect any emergency response or evacuation plan.
(6) The project is not in or adjacent to any wildland.
#13..
- 794 -
City of Modesto Initial Study EA/Utilities No. 2020-09
Wastewater System EIR 30 June 2020

No new or additional mitigation measures or alternatives are required to reduce project impacts to a less-than-significant level.
#13..
- 795 -
City of Modesto Initial Study EA/Utilities No. 2020-09
Wastewater System EIR 31 June 2020
c. Project-Specific Effects
Chapter 12 of the EIR identifies the potential impacts of implementing the Wastewater Master Plan on hydrology and water quality. The following is an analysis of whether the proposed project would result in a new, significant, project-specific effect not disclosed in the EIR.

Potentially
Significant
Impact, as
Compared to
MEIR
No Significant
Impact with
MEIR
Mitigation
Less Than
Significant or
No
Impact

9. HYDROLOGY AND WATER QUALITY
1) Violate any water quality standards or waste
discharge requirements.
2) Substantially deplete groundwater supplies or
interfere substantially with ground-water recharge
such that there would be a net deficit in aquifer
volume or a lowering of the local groundwater table
level (e.g., the production rate of pre-existing
nearby wells would drop to a level which would not
support existing land uses or planned uses for
which permits have been granted).
3) Substantially alter the existing drainage pattern
of the site or area, including through the alteration
of the course of a stream or river, in a manner
which would result in substantial erosion or siltation
on-or off-site.
4) Create or contribute runoff water which would
exceed the capacity of existing or planned
stormwater drainage systems or provide substantial
additional sources of polluted runoff or otherwise
substantially degrade water quality.
5) Place housing within a 100-year flood hazard
area as mapped on a federal Flood Hazard
Boundary or Flood Insurance Rate Map or other
flood hazard delineation map.
6) Place within a 100-year flood hazard area
structures which would impede or redirect flood
flows.
7) Expose people or structures to a significant risk
of loss, injury or death involving flooding, including
flooding as a result of the failure of a levee or dam
or inundation by seiche, tsunami, or mudflow.
#13..
- 796 -
City of Modesto Initial Study EA/Utilities No. 2020-09
Wastewater System EIR 32 June 2020

Discussion:
(1) The proposed project is for removal of stormwater cross connections to the sanitary sewer system and provides for retention of stormwater the site is not adjacent to or connected to any waterway.
(2) The project would not use groundwater resources and would contribute to groundwater recharge.
(3) The project will not alter any existing drainage pattern with potential for erosion or siltation. (4) This project will eliminate cross-connections with the storm water drainage system. The project design provides for an alternate system of storm water disposal of better effectiveness than the existing system
(5-7) No housing or other structures will be constructed in connection with the project. (8) The project is not within or in proximity to the San Joaquin River channel. #13..
- 797 -
City of Modesto Initial Study EA/Utilities No. 2020-09
Wastewater System EIR 33 June 2020

Discussion:

Potentially
Significant
Impact, as
Compared to
MEIR
No Significant
Impact with
MEIR
Mitigation
Less Than
Significant or
No
Impact

10. LAND USE AND PLANNING
1) Physically divide an established community.
2) Cause a significant environmental impact due to
a conflict with any land use plan, policy, or
#13..
- 798 -
City of Modesto Initial Study EA/Utilities No. 2020-09
Wastewater System EIR 34 June 2020
Potentially
Significant
Impact, as
Compared to
MEIR
No Significant
Impact with
MEIR
Mitigation
Less Than
Significant or
No
Impact
regulation adopted for the purpose of avoiding or
mitigating an environmental effect.

Discussion:
(1) All proposed facilities are underground, to include an underground storm drainage retention/disposal facility in JM Park and piping to convey the storm water to the facility. The park site will be returned to its park use at the completion of construction resulting in no change to the established community.
(2) The proposed project is construction of a subsurface storm drain basin and removal of storm drain cross-connections to the wastewater system, consistent with existing adopted plans and policies. No land use is altered by the project.
#13..
- 799 -
City of Modesto Initial Study EA/Utilities No. 2020-09
Wastewater System EIR 35 June 2020

Impact NOI-3: Substantial Permanent Increase in Ambient Noise Levels in the Project Vicinity Above Levels Existing Without the Proposed Program (Less than Significant with Mitigation) (not applicable to cross-connection removal projects) Impact NOI-4: Substantial Temporary or Periodic Increase in Ambient Noise Levels in the Project Vicinity Above Levels Existing Without the Proposed Program (Significant and Unavoidable)
Impact NOI-5: Expose People Residing or Working in the Program Area to Excessive Noise Levels Associated with a Public Airport (Less than Significant) Cumulative Impacts
Impact CUM-6: Cumulative Impacts related to Noise and Vibration (Significant and Unavoidable)
b. Master EIR and/or New Mitigation Measures Applied to the Project #13..
- 800 -
City of Modesto Initial Study EA/Utilities No. 2020-09
Wastewater System EIR 36 June 2020
Mitigation measures related to noise and vibration appear and are detailed in Chapter 14 of the EIR.

Discussion:

Potentially
Significant
Impact, as
Compared to
MEIR
No Significant
Impact with
MEIR
Mitigation
Less Than
Significant or
No
Impact

Discussion:
(1, 4) Construction of the project would increase noise levels in the surrounding neighborhood for the duration of construction (about 35 weeks, depending on weather). The noisiest activities will be limited, but could occur at any time during the construction period. Mitigation Measures NOI-1 and NOI-2 will be implemented in order to reduce construction noise impacts #13..
- 801 -
City of Modesto Initial Study EA/Utilities No. 2020-09
Wastewater System EIR 37 June 2020
(2) Construction of the project would potentially increase vibration levels in the surrounding neighborhood during portions of of construction (about 35 weeks, depending on weather).

Such activities will be limited, but could occur at any time during the construction period.

Mitigation Measure NOI-5 will be implemented to reduce this impact. (3) The project facilities during operation will not generate noise or vibration. Maintenance and operation of the project will require infrequent periodic site visits by staff. This impact is not significant and no mitigation is necessary.
(5) The project is not within the noise contours of a public or private airport. #13..
- 802 -
City of Modesto Initial Study EA/Utilities No. 2020-09
Wastewater System EIR 38 June 2020

Discussion:

There are no mitigation measures proposed in the Master EIR because no significant impacts on land use were identified. No new or additional mitigation measures or alternatives are required to reduce project impacts to a less-than-significant level.
#13..
- 803 -
City of Modesto Initial Study EA/Utilities No. 2020-09
Wastewater System EIR 39 June 2020
c. Project-Specific Effects
Chapter 13of the EIR identifies the potential impacts of implementing the Wastewater System Update on land use and planning. The following is an analysis of whether the proposed project would result in a new, significant, project-specific effect not disclosed in the EIR.

Potentially
Significant
Impact, as
Compared to
MEIR
No Significant
Impact with
MEIR
Mitigation
Less Than
Significant or
No
Impact

Discussion:
(1-3) The proposed project is construction of a subsurface storm drain basin and removal of storm drain cross-connections to the wastewater system, consistent with existing adopted plans and policies. No effect on population growth, or displacement of housing or people is expected as a result.
#13..
- 804 -
City of Modesto Initial Study EA/Utilities No. 2020-09
Wastewater System EIR 40 June 2020

Discussion:

Significance Criteria: Determination of project effects will be based on the following thresholds. The project-specific effects will be less than significant if impacts are equal to or less than impacts disclosed in the EIR. New impacts may result in new mitigation. #13..
- 805 -
City of Modesto Initial Study EA/Utilities No. 2020-09
Wastewater System EIR 41 June 2020

Potentially
Significant
Impact, as
Compared to
MEIR
No Significant
Impact with
MEIR
Mitigation
Less Than
Significant or
No
Impact

Discussion:
(1, 2, 4-6) The project will not make any permanent modification to roadways, pedestrian or bicycle facilities, or mass transit.
(4) The project will not affect air traffic patterns.
#13..
- 806 -
City of Modesto Initial Study EA/Utilities No. 2020-09
Wastewater System EIR 42 June 2020

Discussion:

Potentially
Significant
Impact, as
Compared to
MEIR
No Significant
Impact with
MEIR
Mitigation
Less Than
Significant or
No
Impact

14. UTILITIES AND SERVICE SYSTEMS
1) Exceed wastewater treatment requirements of
#13..
- 807 -
City of Modesto Initial Study EA/Utilities No. 2020-09
Wastewater System EIR 43 June 2020

Potentially
Significant
Impact, as
Compared to
MEIR
No Significant
Impact with
MEIR
Mitigation
Less Than
Significant or
No
Impact
the applicable RWQCB.
2) Require or result in the construction of new or
expanded water or wastewater treatment facilities
or expansion of existing facilities, the construction
of which could cause significant environmental
effects.
3) Require or result in the construction of new
stormwater drainage facilities or expansion of
existing facilities, the construction of which could
cause significant environmental effects.
4) Have sufficient water supplies available to serve
the Program and reasonably foreseeable future
development during normal, dry and multiple dry
years.
5) Result in a determination by the wastewater
treatment provider which serves or may serve the
Program that it has adequate capacity to serve the
Program’s projected demand in addition to the
provider’s existing commitments.
6) Generate solid waste in excess of State or local
standards, or in excess of the capacity of local
infrastructure, or otherwise impair the attainment of
solid waste reduction goals.
7) Comply with federal, state, and local
management and reduction statutes and regulations
related to solid waste
Discussion:
(1, 2, 5) The project will remove storm drain cross connections and reduce wastewater flows. (3) The project is does not require any additional stormwater facilities beyond its boundaries. (4) The project does not require any use of water supplies. (6, 7) Operation of the project will not generate solid waste. .
#13..
- 808 -
City of Modesto Initial Study EA/Utilities No. 2020-09
Wastewater System EIR 44 June 2020
V. MITIGATION MEASURES APPLIED TO THE PROPOSED PROJECT
If the Initial Study results in the determination that a Finding of Conformance can be adopted for the proposed project Section A below applies. If the Initial Study results in the determination that a Finding of Conformance cannot be adopted and a Mitigated Negative Declaration/EIR must be prepared for the project then Section B, below applies.

Master EIR Mitigation Measures:

1. Aesthetics and Visual Resources
Mitigation Measure AES-1: Locate Staging Areas Away from Public Areas and Install Screening.

2. Agricultural Resources
None

3. Air Quality
Mitigation Measure AQ-1: Implement SJVAPCD Regulation VIII Control Measures for Construction Emissions of PM10
Mitigation Measure AQ-2: Implement Enhanced Control Measures for Construction Emissions of PM10
#13..
- 809 -
City of Modesto Initial Study EA/Utilities No. 2020-09
Wastewater System EIR 45 June 2020

4. Biological Resources
Mitigation Measure BIO-10: Avoid and Minimize Impacts on Raptors, including Special-status Species.

Mitigation Measure BIO-15: Install Temporary Trench Plates over Open Trenches.

5. Cultural, Paleontological, and Tribal Cultural Resources Mitigation Measure CR-1: Conduct Cultural Resources Awareness Training for Construction Workers Prior to Beginning Work.

6. Geology, Soils, and Seismicity
None

7. Greenhouse Gas Emissions and Energy Resources
None

8. Hazards and Hazardous Materials
None

9. Hydrology and Water Quality
None

10. Land Use and Planning
None

11. Noise
Mitigation Measure NOI-1: Employ Noise-Reducing Construction and Maintenance Practice Mitigation Measure NOI-2: Limit Nighttime Construction Noise.

Mitigation Measure NOI-4: Employ Noise-Reducing Methods During Operations.

Mitigation Measure NOI-5: Implement Vibration Reduction Measures.

12. Population and Housing
None

13. Transportation and Traffic
None
#13..
- 810 -
City of Modesto Initial Study EA/Utilities No. 2020-09
Wastewater System EIR 46 June 2020

14. Utilities and Service Systems
None
#13..
- 811 -

Modesto City CouncilJune 14, 2022

Modesto City Council
June 14, 2022