DISCUSSION:
Overseen by the Parks, Recreation and Neighborhoods Department, the Youth Commission Advisory Board has been meeting monthly since October 2021. The Advisory Board is comprised of eight students from Modesto, Beyer, Enochs, and Downey High Schools.
Together, they researched other Youth Commission organizations and assessed their composition, application process, and objectives. In addition, they participated in a Martin Luther King, Jr. Commemoration video to share their ideas and thoughts on youth voices in local government, community involvement, and the importance of voting.
Advisory Board Recommendations:
Youth Commission Composition & Membership:
9 Members meeting the following criteria:
o Live within the boundaries of the City of Modesto.
o Be a full-time student enrolled in high school.
Appointment for a one-year term (October 1st through June 30th) Members may apply to serve up to four (4) consecutive terms.
Bylaws:
The draft bylaws (attached) have been reviewed as to form by the City Attorney’s Office. They include the Youth Commission appointment and membership criteria, as well as the standard administrative requirements for meeting efficiencies. Particular to the Youth Commission is the Mission Statement and Vision Statement as stated below.
Mission Statement: “The mission of the Modesto Youth Commission is to provide Modesto young people from diverse walks of life with the opportunity to participate actively in the governmental process, to provide advice and input on matters impacting youth, and act as liaison between the youth of Modesto and the City Council on matters affecting the quality of life for all youth.”
Vision Statement: “To expand civic participation opportunities to diverse youth to share ideas, recommendations, and youth perspective in the development of City of Modesto programs and policies that affect their lives.
To educate youth through guidance and meaningful participation in the processes of civic engagement including the procedures for advocacy, collaboration, communicating the needs of youth, decision-making, leadership, and planning.” Power and Duty:
The Youth Commission will serve in the following manner:
(a) Act in an advisory capacity to the City Council and the City Manager in matters pertaining to youth, and to initiatives, policies and programs impacting the youth in the City of Modesto;
(b) Formulate and recommend programs to the City Council relating to the concerns and needs of youth in the City of Modesto;
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City Council, June 28, 2022
Youth Commission Updates and Bylaws
(c) Promote engagement from nonprofits, neighborhood associations, and other groups to promote and provide better youth services and increase opportunities for youth engagement in the community;
(d) Work with other youth organizations in the City of Modesto and other communities to share ideas and strategies for increased youth engagement;
(e) Act in an advisory capacity to other City commissions in matters of youthrelated concerns and programs; (f) Receive reports from City staff on ongoing efforts and strategies that have been established by the city related to youth activities, including but not limited to those implemented as solutions to problems encountered by youth; program development or improvement to eliminate gaps in service to youth; programs created or improved to provide access to resources; and programs developed or improved to encourage youth participation and include the unique youth voice.
Next Steps:
Reconvening the Youth Commission will once again provide young people the opportunity to actively participate in the governmental process and share their views, ideas, and recommendations in the development of programs and policies related to young people. Staff recommends rescission of former Youth Commission resolutions and early approval of the updated appointment process, membership composition, and bylaws to give staff and schools time to promote the reconvening of the Youth Commission.
Applications will be promoted on the City’s website and social media platforms. Staff recommends reconvening the Youth Commission at the start of the new school year in the fall (October 1st). The City’s standard application for boards, committees and commissions will be used and a supplemental questionnaire, specific to youth interests and experience will be required. The City’s Appointment Committee will review applications and make appointment recommendations for Council’s consideration and approval. Those applicants not appointed to the Youth Commission will be invited and encouraged to attend Youth Commission meetings and participate in any subcommittees and projects established by the Youth Commission. The specifics of these programs will be determined after the Youth Commission initially meets, but City staff will ensure there are continual opportunities to participate for those not appointed to the Commission.
FISCAL IMPACT:
The department has budgeted $31,760 for the operation of this program in Cost Center 33030- Recreation Operations for fiscal year 2022-2023.
COMMITTEE RECOMMENDATION:
This item was previously considered by the Safety & Communities Committee on May 9, 2022 which recommended forwarding to Council for approval.
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City Council, June 28, 2022
Youth Commission Updates and Bylaws
RECOMMENDED COUNCIL ACTION:
Staff Recommendations:
Resolution reestablishing and restructuring the City of Modesto Youth Commission; adopting Modesto Youth Commission Bylaws, and rescinding Resolution Nos. 74-352, 86-1369 and 89- 449.
Approved by:
Laurie A. Smith, Director
Parks, Recreation and Neighborhoods Department
Joseph P. Lopez, City Manager
Attachments:
1. Resolution
2. Resolution No. 74-352
3. Resolution No. 86-1369
4. Resolution No. 89-449
5. Bylaws
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MODESTO CITY COUNCIL
RESOLUTION NO. 2022-
RESOLUTION REESTABLISHING AND RESTRUCTURING THE CITY OF
MODESTO YOUTH COMMISSION, ADOPTING MODESTO YOUTH
COMMISSION BYLAWS, AND RESCINDING RESOLUTION NOS. 74-352, 86- 1369 AND 89-449
WHEREAS, on May 6, 1974, by Resolution No. 74-352, Council established the City of Modesto Youth Commission (“Youth Commission”) to provide opportunities for young people to participate actively in governmental processes, and WHEREAS, by Resolution Nos 86-1369 and 89-449, both superseding Resolution No. 74-352, Council amended the methods in which Youth Commission members were recommended and appointed, and
WHEREAS, the Youth Commission remained active through the end of the 2009- 2010 school year, and
WHEREAS, in 2020, local students reached out to the City to restore the Youth Commission, and
WHEREAS, a formation advisory board was created as a pilot group to review and update membership criteria, application processes, create bylaws, set youth-oriented goals, and initiate the application process for the 2022-2023 school year, and WHEREAS, the formation advisory board, comprised of eight students from Modesto, Beyer, Enochs, and Downey High Schools, met regularly, and collectively drafted new membership requirements and bylaws, and
WHEREAS, the formation advisory board recommends the Youth Commission be composed of nine (9) members who reside within the boundaries of the City of Modesto and who are enrolled as a full-time high school student, and #9..
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WHEREAS, members may be appointed for a one-year term commencing each school year on October 1st and ending on June 30th, and WHEREAS, members may serve up to four (4) consecutive terms, and WHEREAS, members shall be appointed in compliance with the City’s appointment policies and procedures, including recommendations for appointment by the Appointment’s Committee and City Council approval, and
WHEREAS, in accordance with the proposed bylaws, the powers and duties of the Youth Commission shall include the following:
(a) Act in an advisory capacity to the City Council and the City Manager in matters pertaining to youth, and to initiatives, policies and programs impacting the youth in the City of Modesto; (b) Formulate and recommend programs to the City Council relating to the concerns and needs of youth in the City of Modesto; (c) Promote engagement from nonprofits, neighborhood associations, and other groups to promote and provide better youth services and increase opportunities for youth engagement in the community; (d) Work with other youth organizations in the City of Modesto and other communities to share ideas and strategies for increased youth engagement;
(e) Act in an advisory capacity to other City commissions in matters of youth-related concerns and programs;
(f) Receive reports from City staff on ongoing efforts and strategies that have been established by the city related to youth activities, including but not limited to those implemented as solutions to problems encountered by youth; program development or
improvement to eliminate gaps in service to youth; programs created or improved to provide access to resources; and programs developed or improved to encourage youth participation and include the unique youth voice.
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WHEREAS, the composition and members, mission statement, vision statement, duties, and all other administrative and regulatory criteria are memorialized in the Youth Commission Bylaws, and
WHEREAS, the Youth Commission shall reconvene for the 2022-2023 school year.
NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Modesto that the Modesto Youth Commission shall be re-established.
BE IT FURTHER RESOLVED that the Modesto Youth Commission be comprised of nine (9) members which reside in the City of Modesto boundaries and are enrolled in high school.
BE IT FURTHER RESOLVED that the Modesto Youth Commission shall have the following duties:
(a) Act in an advisory capacity to the City Council and the City Manager in matters pertaining to youth, and to initiatives, policies and programs impacting the youth in the City of Modesto; (b) Formulate and recommend programs to the City Council relating to the concerns and needs of youth in the City of Modesto; (c) Promote engagement from nonprofits, neighborhood associations, and other groups to promote and provide better youth services and increase opportunities for youth engagement in the community; (d) Work with other youth organizations in the City of Modesto and other communities to share ideas and strategies for increased youth engagement;
(e) Act in an advisory capacity to other City commissions in matters of youth-related concerns and programs;
(f) Receive reports from City staff on ongoing efforts and strategies that have been established by the city related to youth activities, including but not limited to those implemented as solutions to problems encountered by youth; program development or
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improvement to eliminate gaps in service to youth; programs created or improved to provide access to resources; and programs developed or improved to encourage youth participation and include the unique youth voice.
BE IT FURTHER RESOLVED, that the Modesto Youth Commission bylaws, attached hereto, are hereby adopted.
BE IT FURTHER RESOLVED, that Resolutions Nos. 74-352, 86-1369, and 89- 449 are hereby rescinded.
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The foregoing resolution was introduced at a regular meeting of the Council of the City of Modesto held on the 28th 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 NYARES-PEREZ, City Clerk
APPROVED AS TO FORM:
BY: ___________________________
JOSE M. SANCHEZ, City Attorney
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YOUTH COMMISSION
BYLAWS
Adopted [DATE], Resolution No. [XX]
Article I. Definitions
Section 1.01 There is a Commission created to be known and designates as the Modesto Youth Commission
Section 1.02 As used in these Bylaws, unless a different meaning clearly appears from the context:
(a) “Member” shall mean a member of the Youth Commission. (b) “Youth Commission” and “Commission” shall mean the Youth Commission.
(c) “Regular Meeting” shall mean the monthly Commission meetings.
Article II. Mission Statement and Objectives
Section 2.01 Mission Statement:
The mission of the Modesto Youth Commission is to provide Modesto young people from diverse walks of life with the opportunity to participate actively in the governmental process, to provide advice and input on matters impacting youth, and act as liaison between the youth of Modesto and the City Council on matters affecting the quality of life for all youth.
Section 2.02 Vision Statement
To expand civic participation opportunities to diverse youth to share ideas, recommendations, and youth perspective in the development of City of Modesto programs and policies that affect their lives.
To educate youth through guidance and meaningful participation in the processes of civic engagement including the procedures for advocacy, collaboration, communicating the needs of youth, decision-making, leadership, and planning.
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Section 2.03 Power and Duty
The Commission has the power and duty to:
(a) Act in an advisory capacity to the City Council and the City Manager in matters pertaining to youth, and to initiatives, policies and programs impacting the youth in the City of Modesto; (b) Formulate and recommend programs to the City Council relating to the concerns and needs of youth in the City of Modesto; (c) Promote engagement from nonprofits, neighborhood associations, and other groups to promote and provide better youth services and increase opportunities for youth engagement in the community; (d) Work with other youth organizations in the City of Modesto and other communities to share ideas and strategies for increased youth engagement;
(e) Act in an advisory capacity to other City commissions in matters of youth-related concerns and programs;
(f) Receive reports from City staff on ongoing efforts and strategies that have been established by the city related to youth activities, including but not limited to those implemented as solutions to problems encountered by youth; program development or
improvement to eliminate gaps in service to youth; programs created or improved to provide access to resources; programs developed or improved to encourage youth participation and include the unique youth voice;
(g) Work with City staff to promote better youth services and to find solutions to concerns involving youth in the City of Modesto.
Article III. Membership
Section 3.01 The Youth Commission shall consist of nine (9) qualified persons, comprised of the following:
Seat Designation Term
Chairperson One year, voted by simple majority of
commission.
Vice Chairperson One year, voted by simple majority of
commission.
Commissioners One year, appointed by City Council.
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Section 3.02 Youth Commissioners must:
(a) Live within the boundaries of the City of Modesto.
(b) Be a full-time student enrolled in high school.
Section 3.03 No Member of the Commission shall be an employee of the City, nor of any bargaining unit for employees of the City, nor a person who receives compensation from the City.
Section 3.04 All appointments to the Commission shall be recommended by the City’s Appointments Committee and approved by the City Council.
Section 3.05 No Member of the Commission shall be a relative, by blood or marriage within the third degree of the Mayor, a Councilmember, a Charter Officer, or any Department Director or Deputy Department Director.
Article IV. Terms of Office
Section 4.01 Members may serve no more than four (4) consecutive terms.
Section 4.02 A full term is one (1) year in duration.
Section 4.03 A partial term of one (1) year shall be considered a full term for purposes of Section 4.01.
Section 4.04 Full term appointments begin on October 1 and expire on June 30.
Section 4.05 Members not eligible for reappointment may continue to serve until their successors are appointed. No member shall serve more than four (4) consecutive years, with the exception of those who are serving until their successors are appointed.
Section 4.06 The Members of the Commission shall receive no compensation for the performance of their official duties.
Section 4.07 Appointments to fill vacancies on the Commission shall be handled in the same manner as the original appointments. When a vacancy occurs during a term, the appointment to fill such vacancy shall be for the unexpired portion of the term.
Section 4.08 Members of the Commission may be removed by a majority vote of the City Council after a recommendation by the Commission Chairperson for the following reasons:
(a) Misconduct, inefficiency, or willful neglect in the performance of their duties providing the Member is first provided in writing the #9..
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reasons for such removal and gives the Member the opportunity to be heard before the City Council in their own defense.
(b) Refusal to resign from the Commission when no longer a resident of the City or when a conflict of interest exists.
Article V. Attendance at Meetings
Section 5.01 It shall be the responsibility of each Member to know the dates and times of all Commission Meetings. If a Members knows they will not be able to attend a regularly scheduled meeting, it shall be his or her responsibility to notify the Commission Secretary at least forty-eight (48) hours before the meeting, in order for the absence to be recorded as an excused absence.
Section 5.02 The minutes of each meeting will list those Members in attendance, those who are excused, and those who are unexcused.
Section 5.03 Attendance at meetings is expected and necessary to carry out the mission of the Commission. Three (3) or more unexcused absences are grounds for the removal from the Commission by the City Council.
Article VI. Officers and Their Duties
Section 6.01 Officers shall consist of Chair and Vice-Chair elected by a simple majority vote of Members of the Commission. Officers shall serve a one-year term.
Section 6.02 All officers shall exercise all privileges of membership, including the making of motions, seconding, and debate.
Section 6.03 The Chair shall preside at all meetings, shall appoint all ad hoc committees, and shall ensure that the bylaws, rules, and regulations as adopted by the Commission are properly enforced.
Section 6.04 The Vice-Chair shall assist the Chair in his/her duties and in the absence of the Chair shall perform all duties usually performed by the Chair.
Section 6.05 The Commission Secretary shall be a City staff member, appointed by the department head, to serve as Secretary. The Commission Secretary shall keep a record of the minutes of all Commission meetings and such other duties as are usually performed by a secretary.
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Article VII. Meetings
Section 7.01 Special meetings shall be called by the Chair as necessary.
Section 7.02 Notices of all meetings, including agendas, shall be given to all Members of the Commission, to the City Clerk, to the City Manager, and to all others as provided by law. All such notices shall be furnished to the Commission in writing at least seventy-two (72) hours prior to the time of such meeting.
Section 7.03 All meeting agendas will be posted at Tenth Street Plaza.
Section 7.04 All meetings shall comply with the requirements of the Ralph M. Brown Act.
Section 7.05 A quorum is necessary for the Commission to transact any business. A quorum shall be defined as a simple majority of active Commission Members, which is one-half of the active members plus one.
Section 7.06 All meetings of the Commission shall be open to the public and shall be held at a public facility, which is accessible in accordance with the regulations of the Americans with Disabilities Act.
Article VIII. Order of Proceedings
Section 8.01 Roberts Rules of Order shall be the guide for the parliamentary procedures in the conduct of Commission meetings.
Section 8.02 The order of proceedings of all meetings shall be as follows, subject to majority vote of the Members present:
(a) Roll Call
(b) Declaration of Conflict of Interest
(c) Public Comment Period
(d) Consent Items
(e) Old Business
(f) New Business
(g) Commission Comments and Reports
(h) Matters Too Late for the Agenda
(i) Adjournment
Section 8.03 Members of the public shall not speak unless recognized by the Chair and shall state his/her name before making any statement, which shall become part of the public record. The Chair may remove any person who refuses to follow these rules or the decision of the Chair.
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Article IX. Amendments
Section 9.01 The Bylaws and any future amendments shall be subject to the final approval of the City Council and shall not and are not intended to go beyond any of the powers and duties given to the Commission by the City Council.
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Youth Commission Bylaws [DATE] – Resolution No. [XX] Page | 1
YOUTH COMMISSION
BYLAWS
Adopted [DATE], Resolution No. [XX]
Article I. Definitions
Section 1.01 There is a Commission created to be known and designates as the Modesto Youth Commission
Section 1.02 As used in these Bylaws, unless a different meaning clearly appears from the context:
(a) “Member” shall mean a member of the Youth Commission. (b) “Youth Commission” and “Commission” shall mean the Youth Commission.
(c) “Regular Meeting” shall mean the monthly Commission meetings.
Article II. Mission Statement and Objectives
Section 2.01 Mission Statement:
The mission of the Modesto Youth Commission is to provide Modesto young people from diverse walks of life with the opportunity to participate actively in the governmental process, to provide advice and input on matters impacting youth, and act as liaison between the youth of Modesto and the City Council on matters affecting the quality of life for all youth.
Section 2.02 Vision Statement
To expand civic participation opportunities to diverse youth to share ideas, recommendations, and youth perspective in the development of City of Modesto programs and policies that affect their lives.
To educate youth through guidance and meaningful participation in the processes of civic engagement including the procedures for advocacy, collaboration, communicating the needs of youth, decision-making, leadership, and planning.
Section 2.03 Power and Duty
The Commission has the power and duty to:
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Youth Commission Bylaws [DATE] – Resolution No. [XX] Page | 2 (a) Act in an advisory capacity to the City Council and the City Manager in matters pertaining to youth, and to initiatives, policies and programs impacting the youth in the City of Modesto;
(b) Formulate and recommend programs to the City Council relating to the concerns and needs of youth in the City of Modesto;
(c) Promote engagement from nonprofits, neighborhood associations, and other groups to promote and provide better youth services and increase opportunities for youth engagement in the community;
(d) Work with other youth organizations in the City of Modesto and other communities to share ideas and strategies for increased youth engagement; (e) Act in an advisory capacity to other City commissions in matters of youthrelated concerns and programs; (f) Receive reports from City staff on ongoing efforts and strategies that have been established by the city related to youth activities, including but not limited to those implemented as solutions to problems encountered by youth; program development or improvement to eliminate gaps in service to youth; programs created or improved to provide access to resources; programs developed or improved to encourage youth participation and include the unique youth voice;
(g) Work with City staff to promote better youth services and to find solutions to concerns involving youth in the City of Modesto.
Article III. Membership
Section 3.01 The Youth Commission shall consist of nine (9) qualified persons, comprised of the following:
Seat Designation Term
Chairperson One year, voted by simple majority of
commission.
Vice Chairperson One year, voted by simple majority of
commission.
Commissioners One year, appointed by City Council.
Section 3.02 Youth Commissioners must:
(a) Live within the boundaries of the City of Modesto.
(b) Be a full-time student enrolled in high school.
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Youth Commission Bylaws [DATE] – Resolution No. [XX] Page | 3 Section 3.03 No Member of the Commission shall be an employee of the City, nor of any bargaining unit for employees of the City, nor a person who receives compensation from the City.
Section 3.04 All appointments to the Commission shall be recommended by the City’s Appointments Committee and approved by the City Council.
Section 3.05 No Member of the Commission shall be a relative, by blood or marriage within the third degree of the Mayor, a Councilmember, a Charter Officer, or any Department Director or Deputy Department Director.
Article IV. Terms of Office
Section 4.01 Members may serve no more than four (4) consecutive terms.
Section 4.02 A full term is one (1) year in duration.
Section 4.03 A partial term of one (1) year shall be considered a full term for purposes of Section 4.01.
Section 4.04 Full term appointments begin on October 1 and expire on June 30.
Section 4.05 Members not eligible for reappointment may continue to serve until their successors are appointed. No member shall serve more than four (4) consecutive years, with the exception of those who are serving until their successors are appointed.
Section 4.06 The Members of the Commission shall receive no compensation for the performance of their official duties.
Section 4.07 Appointments to fill vacancies on the Commission shall be handled in the same manner as the original appointments. When a vacancy occurs during a term, the appointment to fill such vacancy shall be for the unexpired portion of the term.
Section 4.08 Members of the Commission may be removed by a majority vote of the City Council after a recommendation by the Commission Chairperson for the following reasons:
(a) Misconduct, inefficiency, or willful neglect in the performance of their duties providing the Member is first provided in writing the reasons for such removal and gives the Member the opportunity to be heard before the City Council in their own defense.
(b) Refusal to resign from the Commission when no longer a resident of the City or when a conflict of interest exists.
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Youth Commission Bylaws [DATE] – Resolution No. [XX] Page | 4 Article V. Attendance at Meetings
Section 5.01 It shall be the responsibility of each Member to know the dates and times of all Commission Meetings. If a Members knows they will not be able to attend a regularly scheduled meeting, it shall be his or her responsibility to notify the Commission Secretary at least forty-eight (48) hours before the meeting, in order for the absence to be recorded as an excused absence.
Section 5.02 The minutes of each meeting will list those Members in attendance, those who are excused, and those who are unexcused.
Section 5.03 Attendance at meetings is expected and necessary to carry out the mission of the Commission. Three (3) or more unexcused absences are grounds for the removal from the Commission by the City Council.
Article VI. Officers and Their Duties
Section 6.01 Officers shall consist of Chair and Vice-Chair elected by a simple majority vote of Members of the Commission. Officers shall serve a one-year term.
Section 6.02 All officers shall exercise all privileges of membership, including the making of motions, seconding, and debate.
Section 6.03 The Chair shall preside at all meetings, shall appoint all ad hoc committees, and shall ensure that the bylaws, rules, and regulations as adopted by the Commission are properly enforced.
Section 6.04 The Vice-Chair shall assist the Chair in his/her duties and in the absence of the Chair shall perform all duties usually performed by the Chair.
Section 6.05 The Commission Secretary shall be a City staff member, appointed by the department head, to serve as Secretary. The Commission Secretary shall keep a record of the minutes of all Commission meetings and such other duties as are usually performed by a secretary.
Article VII. Meetings
Section 7.01 Special meetings shall be called by the Chair as necessary.
Section 7.02 Notices of all meetings, including agendas, shall be given to all Members of the Commission, to the City Clerk, to the City Manager, and to all others as provided by law. All such notices shall be furnished to the Commission in writing at least seventy-two (72) hours prior to the time of such meeting. #9..
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Youth Commission Bylaws [DATE] – Resolution No. [XX] Page | 5 Section 7.03 All meeting agendas will be posted at Tenth Street Plaza.
Section 7.04 All meetings shall comply with the requirements of the Ralph M. Brown Act.
Section 7.05 A quorum is necessary for the Commission to transact any business. A quorum shall be defined as a simple majority of active Commission Members, which is one-half of the active members plus one.
Section 7.06 All meetings of the Commission shall be open to the public and shall be held at a public facility, which is accessible in accordance with the regulations of the Americans with Disabilities Act.
Article VIII. Order of Proceedings
Section 8.01 Roberts Rules of Order shall be the guide for the parliamentary procedures in the conduct of Commission meetings.
Section 8.02 The order of proceedings of all meetings shall be as follows, subject to majority vote of the Members present:
(a) Roll Call
(b) Declaration of Conflict of Interest
(c) Public Comment Period
(d) Consent Items
(e) Old Business
(f) New Business
(g) Commission Comments and Reports
(h) Matters Too Late for the Agenda
(i) Adjournment
Section 8.03 Members of the public shall not speak unless recognized by the Chair and shall state his/her name before making any statement, which shall become part of the public record. The Chair may remove any person who refuses to follow these rules or the decision of the Chair.
Article IX. Amendments
Section 9.01 The Bylaws and any future amendments shall be subject to the final approval of the City Council and shall not and are not intended to go beyond any of the powers and duties given to the Commission by the City Council. 5078505.1
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CITY OF MODESTO
COUNCIL AGENDA REPORT
DATE OF MEETING:
June 28, 2022
Date: June 3, 2022
TO: Mayor and City Council
THROUGH: Joseph P. Lopez, City Manager
FROM: William Wong, Director of Utilities
SUBJECT: Agreement for Purchase of Sodium Hypochlorite – Liquid Chlorine CONTACT: Jeff Daniels, Water Division Manager, [email protected], (209) 342- 4585
DESCRIPTION:
Consider approving the Award of Bid for the Purchase and Delivery of Sodium Hypochlorite – Liquid Chlorine to Univar Solutions USA Inc., Kent, WA, for a one-year Agreement with four one-year extension options, for an estimated annual amount of $100,000 and a total amount not to exceed $661,010 over five years. (Funding Source: Water Fund) STRATEGIC PLAN ELEMENT:
This item supports the City of Modesto 2020-2025 Strategic Plan Initiatives, Goal D: Provide safe, efficient, and reliable infrastructure through proactive community investment, maintenance, and sustainability efforts.
BACKGROUND:
The City operates and maintains ninety-one potable water wells and twelve tanks. State regulations require the Water Division to disinfect the water to kill or inactivate most microorganisms. Sodium Hypochlorite is used to disinfect the wells and tanks throughout the City’s water system.
On September 5, 2017, by Resolution No. 2017-343, Council authorized the approval of the purchase of Sodium-Hypochlorite – Liquid Chlorine to Olin Corp-Chlor Alkali, Tracy, CA, for the Utilities Department, Water Division, for five years at a total cost of $225,000.
The current Agreement No. 129164 with Olin Corp-Chlor Alkali expires on September 1, 2022. #10..
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City Council, June 28, 2022
Agreement for Purchase of Sodium Hypochlorite – Liquid Chlorine
88500-Water and Wastewater Treating Chemicals, 19000-Chemicals and Solvents, Commercial (In Bulk)
² Staff implemented a virtual bid opening process in an effort to slow the spread of COVID-19.
DISCUSSION:
The City Manager authorized the Purchasing Manager to issue a formal Request for Bids (RFB) for the purchase and delivery of Sodium Hypochlorite – Liquid Chlorine.
On January 11, 2022, the Purchasing Division issued RFB 2122-05 Sodium Hypochlorite – Liquid Chlorine, on Planet Bids via the City’s website under two commodity codes¹. Prospective bidders were notified online and via email of the bid opportunity. Eighteen companies chose to download the RFB document.
On February 15, 2022, bids were formally opened by the City Clerk and broadcast via Microsoft Teams Livestream². Two companies chose to respond. Based on providing the lowest responsive and responsible bid, City staff recommended the award of bid for the purchase and delivery of Sodium Hypochlorite – Liquid Chlorine, to Univar Solutions USA Inc., Kent, WA (“Univar”).
Modesto Municipal Code, 8-3.203, generally requires all purchases which meet or exceed $50,000 for material, equipment, or contractual services to follow formal bid procedures. An award of bid and agreement for the purchase and delivery of Sodium Hypochlorite – Liquid Chlorine for the Utilities/Water Division to Univar Solutions USA Inc., Kent, WA, conforms to the Modesto Municipal Code because the City complied with the formal bid procedures and Univar was the lowest responsive and responsible bidder.
FISCAL IMPACT:
Expenditures over the last four years under the current agreement are provided below:
Fiscal Year Total
FY 17/18 $ 39,627
FY 18/19 $ 47,762
FY 19/20 $ 55,629
FY 20/21 $ 42,932
Grand Total $185,950
Based on current pricing per RFB No. 2122-05, staff estimates an annual amount of $100,000 and a total amount not to exceed $661,010 over five years which includes an estimated percentage increase from the Producers Price Index and rising fuel costs for years two through five.
Funds are budgeted in the Water Fund 4100-45050-52190 Chemicals and Lab Supplies.
Below is a breakdown of estimated yearly expenses for the purchase and delivery of Sodium Hypochlorite – Liquid Chlorine for potable water wells and tanks throughout the City’s water system.
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City Council, June 28, 2022
Agreement for Purchase of Sodium Hypochlorite – Liquid Chlorine
88500-Water and Wastewater Treating Chemicals, 19000-Chemicals and Solvents, Commercial (In Bulk)
² Staff implemented a virtual bid opening process in an effort to slow the spread of COVID-19.
SODIUM HYPOCHLORITE Year 1 Year 2 Year 3 Year 4 Year 5 Total Estimated Annual Cost $100,000 $100,000 $114,000 $129,960 $148,154 $592,114 Estimated Annual Increase $14,000 $15,960 $18,194 $20,742 $68,896 TOTAL $100,000 $114,000 $129,960 $148,154 $168,896 $661,010 COMMITTEE RECOMMENDATION:
This item was presented to the Economic Development Committee on May 2, 2022 with a recommendation to forward to Council for approval.
RECOMMENDED COUNCIL ACTION:
Resolution approving the Award of Bid for the Purchase and Delivery of Sodium Hypochlorite – Liquid Chlorine to Univar Solutions USA Inc., Kent, WA, for a one-year Agreement with four one-year extension options, for an estimated annual amount of $100,000 and a total amount not to exceed $661,010 over five years and authorizing the City Manager or his designee to execute the Agreement.
Approved by:
William Wong, Director of Utilities
Joseph P. Lopez, City Manager
Attachments:
1. Resolution
2. Agreement
3. Exhibit B Bid Submittal
4. Exhibit C RFB 2122-05
5. Financial Interest Disclosure
6. Cost Abstract
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MODESTO CITY COUNCIL
RESOLUTION NO. 2022-
RESOLUTION APPROVING THE AWARD OF BID FOR THE PURCHASE
AND DELIVERY OF SODIUM HYPOCHLORITE – LIQUID CHLORINE TO UNIVAR SOLUTIONS USA INC., KENT, WA, FOR A ONE-YEAR
AGREEMENT WITH FOUR ONE-YEAR EXTENSION OPTIONS, FOR AN
ESTIMATED ANNUAL AMOUNT OF $100,000 AND A TOTAL AMOUNT NOT TO EXCEED $661,010 OVER FIVE YEARS, AND AUTHORIZING THE CITY
MANAGER OR HIS DESIGNEE TO EXECUTE THE AGREEMENT
WHEREAS, the City operates and maintains ninety-one potable water wells and twelve tanks. State regulations require the Water Division to disinfect the water to kill or inactivate most microorganisms. Sodium Hypochlorite is used to disinfect the wells and tanks throughout the City’s water system, and
WHEREAS, on September 5, 2017, by Resolution 2017-343, Council authorized the approval of the purchase of Sodium-Hypochlorite-Liquid Chlorine to Olin CorpChlor Alkali, Tracy, CA, for the Utilities Department, Water Division, for five years at a total cost of $225,000, and
WHEREAS, on January 11, 2022, the Purchasing Division issued RFB 2122-05 Sodium Hypochlorite – Liquid Chlorine, on Planet Bids via the City’s website under two commodity codes. Prospective bidders were notified online and via email of the bid opportunity. Eighteen companies chose to download the RFB document, and WHEREAS, on February 15, 2022, bids were formally opened by the City Clerk and broadcast via Microsoft Teams Livestream. Two companies chose to respond. Based on providing the lowest responsive and responsible bid, City staff recommended the award of bid for the purchase and delivery of Sodium Hypochlorite – Liquid Chlorine, to Univar Solutions USA Inc., Kent, WA (“Univar”), and
WHEREAS, Modesto Municipal Code Section 8-3.203 generally requires all #10..
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purchases, which meet or exceed $50,000 for material, equipment or contractual services to follow formal bid procedure. An award of bid and agreement for the purchase and delivery of Sodium Hypochlorite – Liquid Chlorine for the Utilities/Water Division to Univar Solutions USA Inc., Kent, WA, conforms to the Modesto Municipal Code because the City complied with the formal bid procedures and Univar was the lowest responsive and responsible bidder.
NOW THEREFORE, BE IT RESOLVED by the Council of the City of Modesto that it hereby approves the award of bid for Sodium Hypochlorite – Liquid Chlorine to Univar Solutions USA Inc., Kent, WA, for a one-year agreement with four one-year extension options, for an estimated annual amount of $100,000 and a total amount not to exceed $661,010 over five years.
BE IT FURTHER RESOLVED that the City Manager, or his designee, is hereby authorized to execute the agreement, in a form approved by the City Attorney. #10..
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The foregoing resolution was introduced at a regular meeting of the Council of the City of Modesto held on the 28th 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, CMC, City Clerk
APPROVED AS TO FORM:
By:
JOSE M. SANCHEZ, City Attorney
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ANNUAL AGREEMENT NO 220371
UNIVAR SOLUTIONS USA, INC.
FOR SODIUM HYPOCHLORITE – LIQUID CHLORINE
This Agreement, made and entered into in the CITY of Modesto, State of California, this ____ day of ______________, 2022, by and between the CITY of Modesto, a municipal corporation of the State of California, hereinafter called CITY, and Univar Solutions USA Inc., hereinafter called CONTRACTOR, W I T N E S S E T H:
WHEREAS, the Modesto CITY Council adopted Resolution No. 2022- __________ authorizing the award of bid and agreement for the purchase and delivery of Sodium Hypochlorite – Liquid Chlorine to CONTRACTOR, attached hereto as Exhibit “A” and made a part hereof, and WHEREAS, the CONTRACTOR provided a responsive and responsible bid submittal that best meets the CITY needs, attached hereto as Exhibit “B” and made a part hereof, and WHEREAS, the CITY and CONTRACTOR shall enter into an agreement for the purchase and delivery of Sodium Hypochlorite – Liquid Chlorine as described in RFB 2122-05, attached hereto as Exhibit “C” and made a part hereof, and
NOW, THEREFORE, the parties hereto mutually agree as follows:
1. SCOPE OF WORK:
a. CONTRACTOR shall provide and deliver Sodium Hypochlorite – Liquid Chlorine insofar as such scope of service as specified in RFB 2122-05, and in strict accordance with the conditions of the complete agreement.
b. CONTRACTOR shall do and perform the work in a professional and businesslike manner under the direction of and to the satisfaction of the CITY. c. CONTRACTOR shall maintain proper insurance with the CITY for the duration of the agreement.
d. CONTRACTOR shall maintain a CITY business license for the duration of the agreement.
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e. CONTRACTOR shall furnish the service defined for the following contracted rates, for an estimated annual amount of $100,000, and a total amount not to exceed $661,010 over five (5) years:
AGREEMENT PRICING
Item Description
Unit of
Measure Unit Pricing
Sodium Hypochlorite – Liquid Chlorine Gallon $1.35
Annual Safety Training Each $0.00
Emergency Delivery (24) Hour Turnaround (additional cost) Each $300.00____
2. CITY CONTACT:
Department Contact: Jeremy Parnell, Water Superintendent, (209) 342-4599 Purchasing Contact: Carol Wattle, Buyer (209) 577-5406
Changes of a contractual or business nature shall be affected only by written change to the agreement, issued by the CITY of Modesto, Purchasing Division.
3. CONTRACTOR CONTACT:
Customer Service: (800) 659-5908, [email protected] Municipal Specialist: Jennifer Perras (253) 872-5000, [email protected]
4. TERM OF AGREEMENT:
The term of the agreement shall be for a period of one (1) year, with four (4) one-year extension options, for a total up to five (5) years.
Year 1: July 1, 2022 through June 30, 2023
Year 2: July 1, 2023 through June 30, 2024
Year 3: July 1, 2024 through June 30, 2025
Year 4: July 1, 2025 through June 30, 2026
Year 5: July 1, 2026 through June 30, 2027
This agreement may be renewed for four (4) additional one-year terms by mutual, written agreement of the parties.
Pricing will remain firm for the first year of the agreement. Price adjustments for diesel fuel fluctuations may be considered. A thirty (30) day written notice is required for consideration. Any price #10..
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adjustment shall be negotiated through the Purchasing Division, and approved at the sole discretion of the CITY.
The index used to determine price adjustments on diesel fuel shall come from the Energy Information Administration: Website: HTTPS://WWW.EIA.GOV/PETROLEUM/GASDIESEL/ , California data.
Price increases (other than fuel) for subsequent agreement years two (2) through five (5) shall not exceed the Producer Price Index (PPI) as published by the Bureau of Labor Statistics: Industry Data for Chemical MFG (Series ID PCU325) in any one (1) agreement year and shall be negotiated through the Purchasing Division with acceptable supporting documentation to substantiate the increase by manufacturer.
Request(s) for price increases shall be submitted by CONTRACTOR in writing, sixty (60) days prior to the annual anniversary date of the agreement to be effective for the subsequent year.
5. DELIVERIES:
Location: City of Modesto
Water Division - Tank 6
1229 Carpenter Road
Modesto, CA 95352
Days of Week:Monday through Friday (excluding holidays) Delivery Hours: 7:00 A.M. to 12:00 P.M. and 12:30 P.M. – 3:30 P.M. PST In the event of an emergency, a delivery during non-business hours may be required.
Each Delivery Shall Include and left with CITY Staff:
1) A Certificate of Analysis shall be provided for the contents of the delivery. 2) A Bill of Lading shall be provided with each delivery. 3) Safety data sheet shall be made available upon request. 4) Weight Scale Certificate
6. LIABILITY INSURANCE:
CONTRACTOR 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 CITY as may be required by the Risk Manager. The policies or certificates thereof shall provide that, thirty (30) days prior to cancellation or material change in the policy, notices of same shall be given to the #10..
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Risk Manager of the CITY via PINS Advantage Insurance Program, for all of the following stated insurance policies.
a) General Liability - insurance with a minimum limit of liability per occurrence of $2,000,000 for bodily injury and property damage. If Commercial General Liability Insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required 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 CONTRACTORs and subcontractors; products and completed operations. b) 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.
c) Workers' 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. d) Pollution Liability- and/or Asbestos pollution liability and/or errors & omissions applicable to the work being performed, with a limit no less than $1,000,000 per claim or occurrence and $2,000,000 aggregate per policy period of one-year.
If at any time any of said policies shall be unsatisfactory to CITY, as to form or substance, or if a company issuing such policy shall be unsatisfactory to CITY, CONTRACTOR shall promptly obtain a new policy, submit the same to Risk Management via PINS for approval and submit a certificate thereof as herein above provided. Upon failure of the CONTRACTOR 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 CONTRACTOR to obtain and/or maintain any required insurance shall not relieve CONTRACTOR from any liability under this agreement, nor shall the insurance requirements be #10..
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construed to conflict with or otherwise limit the obligations of CONTRACTOR concerning indemnification. CITY, and its agents, officers, officials, employees, and volunteers shall be named as an additional insured on all insurance policies required herein, except Workers ’ Compensation.
The Workers’ Compensation insurer shall agree to waive all rights of subrogation against CITY, its agents, officers, employees, and volunteers for losses arising from work performed by CONTRACTOR for the CITY. The CONTRACTOR’s insurance policy(ices) 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 of the CITY.
For any claims related to this project, the CONTRACTOR’s insurance coverage shall be primary insurance as respects the CITY, its agents, officers, officials, employees, and volunteers. Any insurance or self-insurance maintained by the Entity, its agents, officers, officials, employees, or volunteers shall be excess of the CONTRACTOR’s insurance and shall not contribute with it.
7. PAYMENT:
CONTRACTOR shall invoice the CITY after each purchase and delivery of sodium hypochlorite. All invoices shall be paid in full within thirty (30) days after completion and acceptance of the service by the CITY, and receipt of a properly prepared invoice, subject to cash discounts allowed and stated in this bid document. The CITY is exempt from payment of Federal Excise Tax, and all invoices shall be exclusive of such excise tax.
Invoice to: CITY of Modesto
Attn: Accounts Payable
P.O. Box 642
Modesto, CA 95353
[email protected]
CONTRACTOR shall establish a separate billing account number for each CITY department and/or division. #10..
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At a minimum, invoices shall state the following:
Reference Annual Agreement #: 220371
CITY department/division name and address
Service hours worked day and week
Unit price, extended price, sales tax and total
8. INDEMNITY:
The CONTRACTOR shall hold the CITY, its agents, officers, employees, and volunteers, harmless from and save, defend and indemnify them against any and all claims, losses, liabilities, judgments or damages from every cause, including but not limited to injury to person or property or wrongful death, including reasonable costs and expenses of defense of any judicial or administrative action, arising directly or indirectly out of any negligent or intentional act or omission of CONTRACTOR, or its agents, officers, employees, or volunteers relating to or during the performance of its obligations under this agreement.
CONTRACTOR’s obligation to defend, indemnify, and hold the CITY, its agents, officers, and employees harmless under the provisions of this paragraph is not limited to or restricted by any requirement in this agreement for CONTRACTOR to procure and maintain a policy of insurance.
In the indemnity clause contained herein CONTRACTOR agrees to defend, indemnify and hold the CITY harmless from the negligence of its employees, among other risks. With reference to the foregoing, the parties agree that all risk of loss, including but not limited to damages, property losses and defense of thirdparty suits, arising out of or relating to the operation of CITY owned vehicles by CONTRACTOR’s employees is apportioned to CONTRACTOR in accordance with the provisions contained in Indemnity 6.
9. ARBITRATION:
Any dispute or claim arising or related to this agreement, its performance, breach, or interpretation (including issues about its validity or enforceability), shall be exclusively, (except as approved below) resolved by final binding arbitration before the American Arbitration Association (AAA), utilizing its Commercial Arbitration Rules. One Arbitrator shall be selected using AAA procedures. The Arbitrator shall use all reasonable efforts to minimize discovery and to complete the arbitration proceedings as expeditiously as possible. The Arbitrator shall render a written decision within thirty (30) calendar days of the hearing. The #10..
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Arbitrator will not award attorney’s fees, or punitive, incidental, consequential, treble or other multiple or exemplary damages, and the parties hereby agree to waive and not seek such damages. Either party may seek judicial relief to compel the other party to comply with the provisions of this Section, or injunctive or other equitable relief to protect its intellectual property rights, provided (unless prohibited by applicable law) that the remainder of the dispute or claim is submitted to arbitration. The arbitration shall be held in Modesto California; both parties give their irrevocable consent to jurisdiction of courts of or in the State of California, as well as processes of the AAA in California. Awards shall be final, binding and non-appealable (except on the minimal grounds required under the Federal Arbitration Act or other applicable law). All awards may be filed with one or more courts, state, federal or foreign having jurisdiction over the party against whom such award is rendered or its property, as a basis of judgment and of the issuance of execution for its collection.
10. GOVERNING LAW:
This Agreement shall be deemed made in, governed by, performed in, and construed and enforced in accordance with the laws of the State of California, U.S.A., without giving effect to its conflicts of law’s provisions or principles.
11. COMMENCEMENT AND COMPLETION OF THE WORK:
The work contemplated herein shall be commenced after the agreement administrator receives and has on file:
Proof of insurance (approved by Risk Management);
Executed Agreement and Exhibits.
12. TERMINATION OF SERVICES:
Termination by CITY for Default of CONTRACTOR
Should CONTRACTOR default in the performance of this agreement or materially breach any of its provisions, at its option, CITY may terminate this agreement by giving written notification to CONTRACTOR. The termination date shall be the effective date of the notice. For the purposes of this section, material breach of this agreement shall include, but not be limited to, any of the following: failure to #10..
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perform required services or duties, willful destruction of CITY's property by CONTRACTOR, dishonesty or theft.
Termination by CITY for Convenience
The CITY may also terminate the CONTRACTOR’s performance under the agreement, either in whole or in part, at its own discretion, or when conditions encountered during the work make it impossible or impracticable to proceed, or when the CITY is prevented from proceeding with the agreement by act of God, by law, or by official action of a public authority, or upon a determination 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 day’s written notice of its intent to terminate the agreement for convenience, and shall endeavor to provide the CONTRACTOR with consultation with the CITY prior to termination.
Post-Termination Procedure
Upon receipt of a written notice of termination pursuant to either of the foregoing paragraphs, the CONTRACTOR shall:
a. Cease its work as directed in the notice of termination as of the termination date and see to it that its employees, sub-contractors and agents are notified of such termination and act as specified in the notice of termination; b. Terminate all orders and Sub-contractors except as necessary to complete any portion of the Work that is not terminated;
c. If directed in writing by the CITY to do so, assign all right, title and interest in subcontracts and materials in progress to CITY, in which case the CITY will have the right at its discretion to settle, or pay any or all claims arising out of the termination of such sub-contractors, but in no event shall recovery by any CONTRACTOR or sub-contractor 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, #10..
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specifications, reports, estimates, summaries and such other information and material as may have been accumulated by the CONTRACTOR in performing the work whether completed or in process;
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, CONTRACTOR shall provide sufficient oral or written status reports to make CITY reasonably aware of the status of CONTRACTOR’s work on the project.
i. The CONTRACTOR understands and agrees that CITY may, in CITY's sole discretion, refuse to pay CONTRACTOR for that portion of CONTRACTOR’s services which were performed by CONTRACTOR on the project prior to the termination date and which remain unacceptable and/or not useful to CITY as of the termination date.
CITY will pay CONTRACTOR an amount based on the percentage of satisfactory work completed in accordance with the notice of termination. The final payment to the CONTRACTOR after termination for convenience shall be limited to amounts due and owing under 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 sub-contractor agreements or agreements for materials; b. The agreement price allocable to the portion of the work properly performed or goods supplied to the work site by the CONTRACTOR as of the date of termination, as determined in accordance with the notice of termination, reduced by any sums previously paid to the CONTRACTOR.
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Authorization to Terminate Agreement
Termination of the Agreement may be invoked by the City Manager, or his/her designee, subject to the right of the CONTRACTOR to appeal the City Manager, or his/her designee’s, decision to the City Council. The CONTRACTOR shall appeal by notifying the City Clerk in writing within ten (10) 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.
13. COMPLIANCE WITH ALL LAWS:
CONTRACTOR hereby agrees that CONTRACTOR and its sub-contractors, if any, in the performance of the work described, designated and shown upon the plans herein referred to, will comply with all federal, state, county and municipal laws, rules and regulations which may be applicable to the work herein contracted for, whether now in existence or hereafter adopted.
14. AGREEMENT DOCUMENTS:
The complete agreement between the parties hereto consists of this agreement, and all exhibits, and the following documents which are incorporated herein by this reference:
a. Resolution No. _____________;
b. Bid Submittal;
c. RFB 2122-05;
d. Insurance Certificates,
These documents include important legal requirements, procedures and restrictions and should be reviewed by CONTRACTOR. They are available for review during normal business hours in the Department of Finance, Purchasing Division). All documents specified above are intended to operate so that any work called for in any one and not mentioned in the other, or vice versa, is to be executed the same as if mentioned in all said documents.
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15. NOTICES:
Any notice, payment or instrument required or permitted by this agreement to be given or delivered to either party shall be deemed to have been received when personally delivered, or one calendar week following deposit of the same in any United States Post Office, registered or certified mail, postage prepaid, addressed as follows:
CONTRACTOR: Attn: WER Muni Team
Univar Solutions USA Inc.
8201 S. 212th
Kent, WA 98032-1994
(253) 872-5000
[email protected]
CITY: CITY of Modesto
Purchasing Division
P.O. Box 642
Modesto, CA 95353
Each party may change its address for delivery of notice by delivering written notice of such change of address to the other party.
16. SIGNATOR(IES) FOR CONTRACTOR:
The undersigned signator (ies) for CONTRACTOR warrant(s) and represent(s) those he/she/they is/are legally competent to execute the agreement and has/have full authority to execute this agreement.
17. ASSIGNMENT:
Neither this agreement nor any portion thereof shall be subcontracted or assigned without the written consent of the CITY in each and every instance.
18. 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.
19. HEADINGS NOT CONTROLLING.
Headings used in the agreement are for reference purposes only and shall not be considered in construing this agreement.
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20. MISCELLANEOUS:
Time is of the essence in every provision of this agreement.
21. ENTIRE AGREEMENT.
This agreement and its exhibits contain the entire understanding between CONTRACTOR and CITY. Additional or new terms contained in this Agreement which vary from CONTRACTOR’s bid are controlling and are deemed accepted by CONTRACTOR 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.
22. 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.
IN WITNESS WHEREOF, the CITY OF MODESTO, a municipal corporation, has authorized the execution of this agreement in duplicate by its City Manager and attested 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 Univar Solutions USA, Inc. has caused this Agreement to be duly executed. #10..
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EXHIBIT B
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1 CITY OF MODESTO
REQUEST FOR BID AND SPECIFICATIONS NO. 2122-05
FOR
SODIUM HYPOCHLORITE – LIQUID CHLORINE
BID OPENING: FEBRUARY 15, 2022 at 11:00 A.M.
CITY OF MODESTO CONTACT: Carol Wattle, Buyer
E-MAIL ADDRESS: [email protected]
PHONE: (209) 577-5406
EXHIBIT C #10..
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2 CITY OF MODESTO
REQUEST FOR BID AND SPECIFICATIONS NO. 2122-05
TABLE OF CONTENTS
Page
. Notice to Bidders................................................................................................................ 3 . CITY Contacts.................................................................................................................... 4 . Calendar of Events.............................................................................................................. 4 . Offer and Acceptance......................................................................................................... 4 . Covid-19 Response............................................................................................................. 5 . Submittal Checklist............................................................................................................. 6
REQUIRED DOCUMENTS
. Bid Acknowledgement (Signature Form)........................................................................ 7 . Pricing Schedule (Signature Form)...............................................................................8-9 . Exceptions, Clarifications, Amendments (if applicable)................................................. 10 . References....................................................................................................................11-12 . Financial Interest Disclosure Form (Signature Form)..............................................13-15 . Support of Local Vendors (if applicable)......................................................................... 16 . Company History Statement ............................................................................................ 17 . Addenda Acknowledgement Page (if applicable) .......................................................... 18 . Product Specifications and Brochures…………..............................................................19 . Minimum Order Quantity………….…………............................................................... 20 . Safety Data Sheets (SDS)………………………............................................................ 21
TECHNICAL SPECIFICATIONS AND REQUIREMENTS
. Scope of Work.................................................................................................................. 22 . Specification Requirements.............................................................................................. 22 . Delivery Requirements................................................................................................23-24 . Required Licenses............................................................................................................. 25 . Insurance Requirements..............................................................................................25-26 . Transportation Compliance .............................................................................................. 26
GENERAL TERMS AND CONDITIONS
. Bid Submittal.................................................................................................................... 27 . Acceptance/Rejection of Irregular Bids........................................................................... 27 . Complete Bid Document.................................................................................................. 27 . Compliance / Non-Compliance........................................................................................ 28 . Pricing Format.................................................................................................................. 28 . Pricing Schedule............................................................................................................... 28 . Award of Bid .................................................................................................................... 28 . Term of Agreement .......................................................................................................... 29 . Termination of Services ................................................................................................... 29 . Quantities.......................................................................................................................... 30 . Funding............................................................................................................................. 31 . Other Government Agencies............................................................................................ 31 . Protest and Appeal Procedures ....................................................................................32-35 . Payment ............................................................................................................................ 36 . Sample Annual Agreement .........................................................................................37-48 #10..
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3 NOTICE TO BIDDERS
NOTICE IS HEREBY GIVEN that the CITY of Modesto, County of Stanislaus, State of California, will receive at the CITY Clerk’s office, 1010 Tenth Street, Suite 6600, Modesto, CA 95354 sealed bids for the purchase and delivery of Sodium Hypochlorite-Liquid Chlorine for the CITY of Modesto, Utilities Department, Water Division.
All equipment, materials, and supplies shall be furnished F.O.B. CITY of Modesto. Bidders are highly recommended to download all documents from the CITY’s Purchasing website at http://www.modestogov.com/257/Contracting-Bid-Opportunities; such bids shall include all necessary specifications.
Each bid shall be sealed and filed with the CITY Clerk’s office, 1010 Tenth Street, Suite 6600, Modesto, CA 95354 prior to Tuesday February 15, 2022 at 11:00 A.M., at which time bids will be opened, read and recorded. All bids shall be available for review following CITY Council award approval at the Purchasing Division, 1010 Tenth Street, 5
th Floor, Suite 5300, Modesto, CA 95354.
Bids will be received only at the address shown above, and prior to the time indicated. Any bid received at or after said time and/or date, or at a place other than the stated address cannot be considered and will be returned to the bidder unopened.
All bids, whether delivered by an employee of the bidder, U.S. Postal Service, courier or package delivery service must be received and time stamped at the stated address prior to the time designated. The CITY Clerk’s time stamp shall be considered the official timepiece for the purpose of establishing the actual receipt of bids.
The CITY of Modesto assumes no responsibility for delay in the delivery of the bid.
On the outside of both the bid envelope and courier envelope, the bidder shall indicate the following:
NAME AND ADDRESS OF BIDDER
SPECIFICATION NUMBER 2122-05
SODIUM HYPOCHLORITE – LIQUID CHLORINE
BID OPENING DATE: FEBRUARY 15, 2022 AT 11:00 A.M.
MAIL TO: CITY CLERK COURIER TO: CITY CLERK
CITY OF MODESTO CITY OF MODESTO
P.O. BOX 642 1010 10TH STREET, SUITE 6600
MODESTO, CA 95353 MODESTO, CA 95354
The CITY reserves the right to reject any or all bids or to waive any informalities or minor irregularities in a bid.
No bidder may withdraw his/her bid for a period of ninety (90) days after the date set for the opening thereof.
Note: Deliver or mail bids to the referenced address, only, as indicated in the Notice to Bidders. #10..
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4 CITY CONTACTS
All questions regarding these specifications, terms, and conditions shall be submitted in writing to Carol Wattle, Buyer, via email at: [email protected].
All contacts during the bid process shall be through the Purchasing Division. Attempts by the bidder to contact department representatives may result in disqualification of the bidder from the bid process.
CALENDAR OF EVENTS
Event Date
Bid Issued JANUARY 11, 2022
Written Questions Due JANUARY 18, 2022
Addendum Issued (if required) JANUARY 25, 2022, (approximate date) Response Due PRIOR 11:00 A.M. on Tuesday, FEBRUARY 15, 2022 Bid Award Date Approximately AUGUST, 2022
It is the responsibility of each bidder to be familiar with all of the specifications, terms and conditions and the site condition (if applicable). The bidder agrees and acknowledges all RFB specifications, terms, and conditions and indicates the ability to perform by submission of a bid. By the submission of a bid, the bidder certifies that if awarded an agreement they will make no claim against the CITY based upon ignorance of conditions or misunderstanding of the specifications.
OFFER AND ACCEPTANCE:
Seller represents his/her acceptance to provide products and/or services as follows: CITY's offer to purchase products and/or services is expressly conditioned upon Seller's assent to the terms and conditions set forth in the CITY’s agreement documents, specifications, supporting data, and these articles. Seller agrees that Seller's Order Acknowledgement terms and conditions received prior to, during, or after order placement by CITY are hereby rejected. CITY agreements signed by the CITY's Purchasing Manager or designated agent and issued to Seller constitutes written notification to Seller of CITY's rejection of any and all of Seller Order Acknowledgements, counter offers and change to the CITY's terms and conditions. #10..
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5 REQUEST FOR BID AND SPECIFICATIONS NO. 2122-05
SODIUM HYPOCHLORITE – LIQUID CHLORINE
COVID-19 RESPONSE
The City of Modesto is doing our part to slow the spread of COVID-19. The City of Modesto will be broadcasting bid openings electronically via Microsoft Teams at 11:00 a.m. PT on Tuesday, February 15, 2022.
The City Clerk, Record of Bid document will be available on Planet Bids by the end of day, Tuesday, February 15, 2022. The public bid opening for RFB 2122-05, Sodium Hypochlorite – Liquid Chlorine will be available using the URL link, video system or via phone provided below. By submitting your bid for the above-stated RFB you acknowledge, understand, and agree to this modified bid opening procedure.
URL - https://teams.microsoft.com/l/meetupjoin/19%3ameeting_NTI0YzBiMDMtNDQ0Yi00YjNlLWIwZjYtYzg4ZDVjMDdkM2Mz%40thread.v2/0?context=%7 b%22Tid%22%3a%22125ccacf-fc61-463c-9976-189f876ff90b%22%2c%22Oid%22%3a%229715c333-c997- 4dd7-8984-12cd4deaa705%22%7d
Join Microsoft Teams Meeting
+1 469-998-7409 United States, Dallas
Conference ID: 961 656 049#
Should you have any questions regarding this, please do not hesitate to contact Carol Wattle, by email at [email protected] or telephone at (209)577-5406.
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6 REQUEST FOR BID AND SPECIFICATIONS NO. 2122-05
SODIUM HYPOCHLORITE – LIQUID CHLORINE
SUBMITTAL CHECKLIST
BID SUBMITTAL CHECKLIST
The bidder shall provide a complete bid in a sealed envelope before 11:00 A.M. on the bid opening date.
Failure to provide all the required documents may cause the bid to be considered non-responsive.
COMPLETE BID Page No.
. Bid Acknowledgement (Signature Form)........................................................................ 7 . Pricing Schedule (Signature Form)...............................................................................8-9 . Exceptions, Clarifications, Amendments (if applicable)................................................. 10 . References....................................................................................................................11-12 . Financial Interest Disclosure Form (Signature Form)..............................................13-15 . Support of Local Vendors (if applicable)......................................................................... 16 . Company History Statement ........................................................................................... 17 . Addenda Acknowledgement Page (if applicable) ........................................................... 18 . Product Specifications and Brochures.............................................................................. 19 . Minimum Order Quantity.……………………………………………………………. 20
. Safety Data Sheets (SDS)................................................................................................. 21 #10..
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7 REQUEST FOR BID AND SPECIFICATIONS NO. 2122-05
SODIUM HYPOCHLORITE – LIQUID CHLORINE
BID ACKNOWLEDGEMENT
The CITY is soliciting bids from qualified Bidders to furnish its requirements per the specifications, terms and conditions contained in the above referenced bid number. This Bid Acknowledgement must be completed, signed by a responsible officer or employee, dated and submitted with the bid response.
Obligations assumed by such signature must be fulfilled.
1. Preparation of Bids: (a) All prices and notations must be printed in ink or typewritten. No erasures permitted. Errors may be crossed out and corrections printed in ink or typewritten adjacent and must be initialed in ink by person signing the bid. (b) Quote price as specified in bid. No alterations or changes of any kind shall be permitted to the Bid Form. Responses that do not comply shall be subject to rejection in total.
2. Failure to Submit Bid: If you are not submitting a bid but want to remain on the mailing list and receive future bids, complete, sign and return this Bid Acknowledgement and state the reason you are not pricing.
3. Taxes and Freight Charges: (a) Unless otherwise required and specified in the RFB, the prices quoted herein do not include Sales, Use or other taxes. (b) No charge for delivery, drayage, express, parcel post packing, cartage, insurance, license fees, permits, costs of bonds, or for any other purpose, except taxes legally payable by CITY, will be paid by the CITY unless expressly included and itemized in the bid. (c) Amount paid for transportation of property to the CITY is exempt from Federal Transportation Tax. An exemption certificate is not required where the shipping paper shows the consignee as one (1) of the Agencies; as such papers may be accepted by the carrier as proof of the exempt character of the shipment. (d) Articles sold to the Agencies are exempt from certain Federal excise taxes. The Agencies will furnish an exemption certificate.
4. Award: (a) Unless otherwise specified by the bidder or the RFB gives notice of an all-or-none award, the CITY may accept any item or group of items of any bid. (b) Bids are subject to acceptance at any time within thirty (30) days of opening, unless otherwise specified in the RFB. (c) A valid, written purchase order mailed, or otherwise furnished, to the successful bidder within the time for acceptance specified results in a binding agreement without further action by either party. The agreement shall be interpreted, construed and given effect in all respects according to the laws of the State of California.
5. Patent Indemnity: Bidders who do business with the CITY shall hold the CITY, its officers, agents and employees, harmless from liability of any nature or kind, including cost and expenses, for infringement or use of any patent, copyright or other proprietary right, secret process, patented or un-patented invention, article or appliance furnished or used in connection with the agreement or purchase order.
6. Samples: Samples of items, when required, shall be furnished free of expense to the CITY and if not destroyed by test may upon request (made when the sample is furnished), be returned at the bidder’s expense.
7. Rights and Remedies of Agencies for Default: (a) In the event any item furnished by the bidder in the performance of the contract or purchase order should fail to conform to the specifications therefore or to the sample submitted by the bidder with its bid, the CITY may reject the same, and it shall thereupon become the duty of the bidder to reclaim and remove the same forthwith, without expense to the CITY, and immediately to replace all such rejected items with others conforming to such specifications or samples; provided that should the bidder fail, neglect or refuse so to do the CITY shall thereupon have the right to purchase in the open market, in lieu thereof, a corresponding quantity of any such items and to deduct from any moneys due or that may there after come due to vendor the difference between the prices named in the agreement or purchase order and the actual cost thereof to the CITY. In the event that the bidder fails to make prompt delivery as specified for any item, the same conditions as to the rights of the CITY to purchase in the open market and to reimbursement set forth above shall apply, except when delivery is delayed by fire, strike, freight embargo, or Act of God or the government. (b) Cost of inspection or deliveries or offers for delivery, which do not meet specifications, will be borne by the bidder. (c) The rights and remedies of the Agencies provided above shall not be exclusive and are in addition to any other rights and remedies provided by law or under the agreement.
8. Discounts: (a) Terms of less than ten (10) days for cash discount will be considered as net. (b) In connection with any discount offered, time will be computed from date of complete, satisfactory delivery of the supplies, equipment or services specified in the RFB, or from date correct invoices are received by the CITY at the billing address specified, if the latter date is later than the date of delivery. Payment is deemed to be made, for the purpose of earning the discount, on the date of mailing the CITY’s check.
9. California Government Code Section 4552: In submitting a bid to a public purchasing body, the bidder offers and agrees that if the bid is accepted, it will assign to the purchasing body all rights, title, and interest in and to all causes of action it may have under Section 4 of the Clayton Act (15 U.S.C. Sec. 15) or under the Cartwright Act (Chapter 2, commencing with Section 16700, of Part 2 of Division 7 of the Business and Professions Code), arising from purchases of goods, materials, or services by the bidder for sale to the purchasing body pursuant to the bid. Such assignment shall be made and become effective at the time the purchasing body tender’s final payment to the bidder.
10. No Guarantee or Warranty: The CITY makes no guarantee or warranty as to the condition, completeness or safety of any material or equipment that may be traded in on this order.
11. Two “Inked” Signed Original Bid Document Requested: Failure to furnish at least one “inked” signed original bid documents may result in disqualification.
THE undersigned acknowledges receipt of the referenced RFB and/or Addenda and offers and agrees to furnish the articles and/or services specified on behalf of the bidder indicated below, in accordance with the specifications, terms and conditions of this RFB and Bid Acknowledgement, for the pricing indicated on the Pricing Schedule.
Firm:
Address:
CITY/State/Zip:
Signature/Title/Date:
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8 REQUEST FOR BID AND SPECIFICATIONS NO. 2122-05
SODIUM HYPOCHLORITE – LIQUID CHLORINE
PRICING SCHEDULE
All labor, equipment, tools, fuel and insurance necessary to perform the required services shall be included in bid pricing. Bid must be submitted on the Pricing Schedule provided. No alterations should be made to the pricing schedule. Any exceptions, amendments or adjustments should be noted on the “Exception, Clarification, Amendments” section on page 10.
All prices shall be F.O.B. Destination, Modesto, CA. Any freight/delivery charges shall be included in the unit price. Payment for product shall be made on the weight of the product as delivered to the location(s).
ESTIMATED ANNUAL QTY x UNIT PRICE = EXTENDED PRICE
**In case of discrepancy between a unit price and an extended price, the unit price will be presumed to be correct, subject, however, to correction to the same extent and in the same manner. ** Item
No. Item Description
Estimated
Annual
Quantity
Unit of
Measure
Unit Price
(per gallon)
Extended Price
(Annually)
1. Sodium Hypochlorite – Liquid
Chlorine 60,000 Gallons $ $
2. Safety Training 2 day $ $
Total $
Tax (7.875%) $
Grand Total $
For costing purposes only.
3. Emergency Delivery (24) Hour Turnaround $
Company Name (Bidder):
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9 REQUEST FOR BID AND SPECIFICATIONS NO. 2122-05
SODIUM HYPOCHLORITE – LIQUID CHLORINE
PRICING SCHEDULE
CITY Business/Delivery License No.__________ Expiration Date: __________ US DOT No. ___________________________________________ Expiration Date: ________________ A CITY Business License is not required at the time of the bid, however, please note the License No. if bidder should already have one. (See Section 1.6 for further details) Does bidder accept the CITY’s E-pay Payment Program? Please check one: Yes ____ No ____ Information regarding the program is provided in Section 2.19 Payment.
Stated pricing is subject to ______ percent (______ %) cash discount if invoice is paid within ______ days after receipt of order.
THE undersigned acknowledges receipt of the referenced RFB and/or Addenda and offers and agrees to furnish the articles and/or services specified on behalf of the bidder indicated below, in accordance with the specifications, terms and conditions of this RFB and Bid Acknowledgement, for the pricing indicated on the Pricing Schedule.
Company Name (Bidder):
By (Person Submitting Bid): (Print)
By (Person Submitting Bid): (Signature)
Title of Person Submitting Bid:
Business Address
(CITY/State/Zip):
E-Mail Address:
Telephone Number:
Fax Number:
Date:
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10 REQUEST FOR BID AND SPECIFICATIONS NO. 2122-05
SODIUM HYPOCHLORITE – LIQUID CHLORINE
EXCEPTIONS, CLARIFICATIONS, AMENDMENTS
Exceptions, Clarifications, Amendments
List requests for bid clarifications and exceptions below, if any, sign and submit with your bid response.
Item
No.
Reference To: Description
Page No. Paragraph No.
Company Name (Bidder):
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11 REQUEST FOR BID AND SPECIFICATIONS NO. 2122-05
SODIUM HYPOCHLORITE – LIQUID CHLORINE
REFERENCES
All Bidders must provide a list of five (5) current of former clients in the area provided below, identifying prior experience with the same type of products requested by the CITY under Scope of Work. References shall have similar volume and requirements to those outlined in these specifications, terms and conditions. Bidders failing to provide references shall be deemed unacceptable and declared non-responsive.
The CITY may contact some or all of the references provided in order to determine the bidders’ performance record on work and equipment similar to that described in this bid. The CITY reserves the right to contact references other than those provided in the response and to use the information gained from them in the award process.
Company Name:
Address:
CITY, State, Zip
Code:
Contact Person:
Email Address:
Telephone Number:
Type of Business:
Date of Service:
Annual Contract Value $
Company Name:
Address:
CITY, State, Zip
Code:
Contact Person:
Email Address:
Telephone Number:
Type of Business:
Date of Service:
Annual Contract Value $
Company Name:
Address:
CITY, State, Zip Code
Contact Person:
Email Address:
Telephone Number:
Type of Business:
Date of Service:
Annual Contract Value $
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12 REQUEST FOR BID AND SPECIFICATIONS NO. 2122-05
SODIUM HYPOCHLORITE – LIQUID CHLORINE
REFERENCES-CONTINUED
Company Name:
Address:
CITY, State, Zip Code
Contact Person:
Email Address:
Telephone Number:
Type of Business:
Date of Service:
Annual Contract Value $
Company Name:
Address:
CITY, State, Zip Code
Contact Person:
Email Address:
Telephone Number:
Type of Business:
Date of Service:
Annual Contract Value $
Company Name (Bidder):
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13 REQUEST FOR BID AND SPECIFICATIONS NO. 2122-05
SODIUM HYPOCHLORITE – LIQUID CHLORINE
FINANCIAL INTEREST DISCLOSURE
REQUIRED DISCLOSURE BEGINNING THE COUNCIL MEETING
OF JANUARY 7, 2003
The ordinance requiring financial interest disclosure by all parties having a direct or indirect interest of $2,000 or more (except for certain publicly traded companies) will be effective at the Council meeting of January 7, 2003. This means that any Council action on a contract, agreement or development right must be accompanied by a FINANCIAL INTEREST DISCLOSURE FORM listing by name all parties that have a material financial interest in the agreement, contract or development right.
PLEASE NOTE, any Council action that requires a FINANCIAL INTEREST DISCLOSURE cannot be considered by the CITY Council until the required reporting is made. That means that Agenda Items without the DISCLOSURE will be removed from the Council Agenda.
FinDisclosure12-19
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14 REQUEST FOR BID AND SPECIFICATIONS NO. 2122-05
SODIUM HYPOCHLORITE – LIQUID CHLORINE
FINANCIAL INTEREST DISCLOSURE FORM
All persons included within the meaning of either of the following tests have a material financial interest in an agreement, or application for development rights, submitted for approval or disapproval by the CITY Council, and shall be identified by the applicant, by name, on page 15.
Tests of Materiality:
1. Whether it is foreseeable to a reasonable person that the value of their interest in property available for use by an applicant, or their interest in the applicant itself, may increase or decrease by an amount greater than $2,000.00 as a direct or indirect result of Council action on the applicant’s agreement or application for development rights.
2. Whether it is foreseeable to a reasonable person that the person’s gross income from the applicant may increase or decrease by a sum greater than $2,000.00 as a direct or indirect result of Council action on the agreement or application for development rights.
It is the legal obligation of all applicants for approval of an agreement or of an application for development rights to verify in writing, under penalty of perjury, that the identity of each person having a material financial interest in the agreement or application or development rights is true, correct and complete.
The applicant understands that this information is provided under penalty of perjury, and that intentionally supplying misinformation or deception may result in either invalidation of the agreement or application, or criminal prosecution for misdemeanor violation of the Modesto Municipal Code, or both. Negligent provision of misinformation shall be grounds for invalidation. In accordance with the Modesto Municipal Code, each applicant has a continuing obligation to maintain the truth, accuracy and completeness of the financial interest disclosure information provided below until after final consideration by the CITY Council of any matter arising out of or relating to the agreement or application.
By signing this document, I agree to the information contained within.
COMPANY NAME: ____________________________________________________ __________________________________
APPLICANT’S NAME (SIGNATURE):
__________________________________
APPLICANT’S NAME/TITLE (PRINT):
__________________________________
DATE: ____________________________
Applicable Names: (if any, use page 15)
(See attached list)
Questions concerning the application of either test to particular facts should be resolved in advance of Council action by agreement with the department head recommending approval of its agreement/application. #10..
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15 REQUEST FOR BID AND SPECIFICATIONS NO. 2122-05
SODIUM HYPOCHLORITE – LIQUID CHLORINE
FINANCIAL INTEREST DISCLOSURE FORM
COMPANY NAME: __________________________________________ NAMES
Signature / Print:
Signature / Print:
Signature / Print:
Signature / Print:
Signature / Print:
Signature / Print:
Signature / Print:
Signature / Print:
Signature / Print:
Signature / Print:
Signature / Print:
Signature / Print:
Signature / Print:
Signature / Print:
Signature / Print:
Signature / Print:
Signature / Print:
Signature / Print:
Signature / Print:
Signature / Print:
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16 REQUEST FOR BID AND SPECIFICATIONS NO. 2122-05
SODIUM HYPOCHLORITE – LIQUID CHLORINE
SUPPORT OF LOCAL VENDORS
REQUEST FOR DECLARATION
of
LOCAL BUSINESS
Should the bidder that submits the lowest responsive bid or quote and would otherwise normally qualify to receive the bid pursuant to Sections 8-3.203 and 8-3.204 of the Modesto Municipal Code (MMC) not be a local business as defined herein, the lowest bid or quote submitted by a local business that is within five percent (5%) of the lowest bid or quote, whether or not that bidder is the second lowest bidder, may be deemed to be the lowest bidder if the local bidder agrees to reduce its bid to match the bid or quote of the lowest bidder in writing within five (5) business days after notification by CITY Purchasing staff, provided that said local bidder is deemed to be a responsible bidder as determined by the Purchasing Manager.
To qualify as a local bidder, the bidder must have a physical business location within the CITY of Modesto and a current CITY of Modesto business license.
This document is only required should the bidder request to be considered for the Support of Local Vendor preference, and meets the criteria noted above.
I declare I am a local business per the above criteria
SUPPORT OF LOCAL VENDORS
DECLARATION OF ELIGIBILITY
Company Name:
Street Address:
Telephone Number:
Business License Number:
Under penalty of perjury, The Undersigned declares that the foregoing information is true and correct:
Print/Type Name:
Title:
Signature:
Date:
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17 REQUEST FOR BID AND SPECIFICATIONS NO. 2122-05
SODIUM HYPOCHLORITE – LIQUID CHLORINE
COMPANY HISTORY STATEMENT
Your company shall have been in business for a minimum of three (3) continuous years (immediately prior to the time of the RFB submittal date) providing the types of products requested herein.
The company history statement shall be prepared on company letterhead. Bidder is required to provide with bid submittal.
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18 REQUEST FOR BID AND SPECIFICATIONS NO. 2122-05
SODIUM HYPOCHLORITE – LIQUID CHLORINE
ADDENDA ACKNOWLEDGEMENT
The bidder shall check the RFB listing on the CITY’s Planet Bid website, periodically, and in any event, no later than the day prior to bid opening to obtain any addenda information. The changes identified in the addenda modify this request for bid and specifications. The addenda now become a part of this request for bid and specifications. Signing the Bid on the signature portion thereof, the bidder is acknowledging that the bidder has confirmed that he or she has received all addenda issued for this request for bid and specifications, and has included costs for such in the bid submitted. Failure to list and acknowledge all addenda numbers may cause the bid to be considered nonresponsive. Do not attach any of the addenda to this sheet nor include them with the bid.
This document is only required to be returned should addenda have been issued.
The Bid is submitted with respect to the changes to the request for bid and specifications included in addenda numbers:
LIST ALL ADDENDA NUMBERS: _____________________________________________________ Company Name (Bidder):
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19 REQUEST FOR BID AND SPECIFICATIONS NO. 2122-05
SODIUM HYPOCHLORITE – LIQUID CHLORINE
PRODUCT SPECIFICATIONS AND BROCHURES
Manufacturer’s product specifications and brochures for chemicals are required. Bidder is requested to provide with bid submittal.
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20 REQUEST FOR BID AND SPECIFICATIONS NO. 2122-05
SODIUM HYPOCHLORITE – LIQUID CHLORINE
MINIMUM ORDER QUANTITY
Bidders shall provide the following:
Bulk Deliveries:
Sodium Hypochlorite (Liquid): ________________________________ #10..
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21 REQUEST FOR BID AND SPECIFICATIONS NO. 2122-05
SODIUM HYPOCHLORITE – LIQUID CHLORINE
SAFETY DATA SHEETS
Safety Data Sheets are required on all chemicals described in this RFB. Bidder is requested to provide with bid submittal.
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22 REQUEST FOR BID AND SPECIFICATIONS NO. 2122-05
SODIUM HYPOCHLORITE – LIQUID CHLORINE
TECHNICAL SPECIFICATIONS AND REQUIREMENTS
1.1 SCOPE OF WORK:
The CITY of Modesto, Utilities Department, Water Division is requesting the purchase and delivery of Sodium Hypochlorite – Liquid Chlorine on an “as needed” basis, throughout the year.
The Sodium Hypochlorite is used to disinfect the domestic water supply, as specified by water purveyors permit issued by the California Department of Health Services. The disinfection process, using a 12.5% Sodium Hypochlorite solution, provides drinking water disinfection while maintaining chlorine residual in the distribution system.
1.2 SPECIFICATION REQUIREMENTS:
The Sodium Hypochlorite (12.5%) solution must meet or exceed the following:
• 3-minute Millipore test.
• Minimum of 120 Grams per Liter (GPL) available chlorine equivalent to 10.83 percent Sodium Hypochlorite by weight.
• Clear straw-colored liquid with no visible cloudiness, impurities, or sediment. • Minimum of 0.15 percent by weight Sodium Hydroxide.
• Maximum of 0.40 weight percent Sodium Hydroxide.
• Tested and certified as meeting these specifications and those of the AWWA Standard B300-10 and the National Standards Institute/National Sanitation Foundation Standard 60 (ANSI/NSF Standard 60), Drinking Water Treatment Chemicals Health Effects.
It is the responsibility of the supplier to inform the CITY that NSF or UL certification has been revoked or lapsed within twenty-four (24) hours of the time the supplier receives verbal or written notification. Loss of certification shall constitute sufficient grounds for immediate termination of the agreement between the CITY and CONTRACTOR.
Sodium Hypochlorite shall meet the following contaminant concentration limits:
Iron < 0.3 mg/L
Copper < 0.03 mg/L
Nickel < 0.03 mg/L
Chlorate < 2,000 mg/L
Bromate < 20 mg/L
Perchlorate < 20 mg/L
Total Hardness < 3 mg/L (As calcium carbonate)
Filter Test Time < 3 minutes
Item/Description Number of Deliveries Estimated Gallons per Delivery
(Average)
Total Quantity
Sodium Hypochlorite (12.5%) 12 5,000 gallons 60,000 gallons #10..
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23 1.3 DELIVERY:
Location: CITY of Modesto
Water Division - Tank 6
1229 Carpenter Road
Modesto, CA 95352
Days of Week: Monday through Friday (excluding holidays) Delivery Hours: 7:00 A.M. to 12:00 P.M. and 12:30 P.M. – 3:30 P.M. PST In the event of an emergency, a delivery during non-business hours may be required.
CITY Contact: Jeremy Parnell, Utilities Plant Operations Supervisor, (209) 342-4599 Each Delivery shall include:
1. A Certificate of Analysis shall be provided for the contents of the delivery.
2. A Bill of Lading shall be provided with each delivery.
3. Safety data sheet shall be made available upon request.
4. Weight Scale Certificate
CONTRACTOR shall make “normal” deliveries within three (3) calendar days after receipt of order and must make “emergency” deliveries within 24 hours. An emergency delivery is defined as a delivery which is necessary in order to prevent the CITY from running out of Sodium Hypochlorite in less than thirty-six (36) hours. The CITY shall endeavor to minimize the number of “emergency” deliveries.
The delivery time of the shipment shall not exceed seventy-two (72) hours from the time of manufacture of the product. The suspended solids in the Sodium Hypochlorite delivered under this agreement shall be minimized and the shipments delivered shall achieve a filtration time of less than 3 minutes for 1000 ml.
At the sole option of the CITY, the CONTRACTOR’s delivery personnel may be asked to collect a sample of the Sodium Hypochlorite before, or during unloading of the product. In such case, the CITY will supply the sample container, collection of a representative sample shall be taken either by the driver from the tank truck or a CITY Representative from the storage tank delivery line. The sample shall be considered representative of the lot.
The CITY reserves the right to subject samples of the Sodium Hypochlorite to analyses to ensure that it meets the required specifications. If the Sodium Hypochlorite does not meet the specifications, the CITY has the option of requiring the CONTRACTOR to remove and replace any and all rejected Sodium Hypochlorite within twenty-four (24) hours of notification. No payment shall be made for rejected Sodium Hypochlorite.
Under this agreement 1000 ml of the Sodium Hypochlorite supplied shall pass through a 0.8-micron filter (Millipore, type AA) under 25 inches Hg vacuum within three (3) minutes. The sample shall be taken directly to the CITY of Modesto’s WQC Lab where the Millipore test will be immediately completed. The driver of the delivery truck will be required to wait for the results of the filtration test prior to completing the unloading of the tanker.
The CONTRACTOR shall be responsible for any spills resulting from the failure of its or its sub-contractor’s delivery equipment or from failure of attendant delivery personnel in the proper performance of their duties.
Proper performance shall require attendant delivery personnel’s constant inspection and observation of unloading operations and knowledgeable response to problems or emergencies, which would most commonly be expected to occur. The CITY reserves the right to refuse any and all deliveries made with equipment that is poorly maintained and/or leaking Sodium Hypochlorite.
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24 The tanks or trailers shall be clean and free of residue that may contaminate the CONTRACTOR’s product or impede the unloading process. It is the CONTRACTOR’s responsibility to verify the cleanliness of the transporting equipment before loading. All appurtenant valves, pumps, and discharge hoses used for the delivery of Sodium Hypochlorite shall be supplied by the CONTRACTOR and shall be clean and free from contaminating material. The CITY may reject a load if the equipment is not properly cleaned. The CONTRACTOR shall furnish a CITY approved, leak-free connection device between the trailer and the CITY’s intake receptacle. The CONTRACTOR shall observe the entire filling operation at each delivery site and shall immediately report any spills caused during the filling operations. The CONTRACTOR shall take immediate and appropriate actions to clean up any spilled liquid Sodium Hypochlorite. If the spill is not cleaned up, the CITY will hire a certified hazardous material handling company to clean up the spill, and the cost of such service will be charge to the CONTRACTOR and deducted from the amount due to the CONTRACTOR. If the CITY’s unloading equipment such as pipe, valves or level indication and alarms should fail and the spillage is not the fault of the CONTRACTOR or its sub-contractor, the CONTRACTOR shall be relieved of cleanup of the spill.
Because of security and safety concerns, all delivery vehicle drivers shall be U.S. citizens and have a proper commercial driver’s license with a Hazardous Material endorsement. CONTRACTOR’s drivers shall display its driver’s license and whenever challenged by the CITY during the delivery.
The Water Division, Tank 6 has a 6,000-gallon poly tank that holds the Sodium Hypochlorite. Bulk deliveries are to be trucked into the facility. Off- loading equipment shall be the responsibility of the vendor and the product shall be pumped into an above ground tank.
1.4. TRAINING:
The successful bidder shall be prepared to provide safety training on the safe handling and use of the chemicals and emergency procedure in the event of a leak or spill.
1.5 CITY REPRESENTATIVE:
Work under any resulting agreement shall be performed under the general technical guidance and direction of the "CITY Representative". The CITY Representative is not authorized to commit the CITY to changes in specifications, requirements, or scope of work, changes in price(s), period of performance or delivery date(s) or method of shipment. Changes of a contractual or business nature shall be affected only by written change to the agreement by the CITY of Modesto, Purchasing Division.
1.6 CONTRACTOR’S RESPONSIBILITY FOR WORK:
Until the formal acceptance of the work by the CITY, the CONTRACTOR shall be responsible for and have care, custody, and control of the work and of the materials to be used therein, including materials delivered to the work site, materials for which partial payment has been received, and materials that have been furnished by the CITY. The CONTRACTOR shall bear full risk of loss, injury or damage to any part of the work and materials by action of the elements, or from any other cause, whether arising from the execution or nonexecution of the work. The CONTRACTOR shall rebuild, repair, restore and make whole all loss or damage to any portion of the work or materials, before final acceptance and shall bear the expense thereof, except for such loss or damage caused by the acts of the CITY, State, or Federal Government, or by an act of God as defined in Section 4150 of the California Government Code.
Suspension of work for any cause whatsoever shall not relieve the CONTRACTOR of his/her responsibility for the work and materials as specified on the work request.
The CONTRACTOR shall be responsible for any damage his/her activities cause to adjacent public or private property. The CONTRACTOR will take all measures necessary to protect adjacent natural areas from runoff, sedimentation, debris, or other damage resultant from the project activities. #10..
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25 1.7 CHARACTER OF WORKERS:
If any person employed by the CONTRACTOR fails or refuses to carry out the direction of the CITY Representative, or appears to be incompetent or acts in a disorderly or improper manner, that person shall be discharged immediately from the site on the request of the CITY Representative or Purchasing Manager, and such person shall not again work on any CITY site.
1.8 CONTRACTUAL CHANGES:
Changes of a contractual or business nature shall be affected only by written change to the agreement by the CITY of Modesto, Purchasing Division.
1.9 REQUIRED LICENSES:
Prior to beginning any service that shall be furnished under this specification, the bidder shall secure the appropriate Business/Delivery license from the CITY of Modesto. Business/Delivery license information may be obtained by calling (209) 577-5389.
1.10 LABOR FORCE AND SUPERVISION:
The CONTRACTOR shall provide sufficient labor at all times to carry out the work properly and shall ensure that competent workers who are skilled in the type of work required are employed. The CONTRACTOR shall ensure that supervision is provided at all times while any work under this contract is being performed. If, in the judgment of the CITY, any person is incompetent or disorderly, CONTRACTOR shall promptly remove such person from the work for the duration of the contract.
1.11 DELAYS BY THE CITY:
Any act or omission of any kind by the CITY of Modesto, its officers, agents or employees, which causes the CONTRACTOR delay in the completion of the work shall be grounds for extension of time on the part of the CONTRACTOR to complete the work, but shall give the CONTRACTOR no damages for such delay.
1.12 ADDITIONAL AND EMERGENCY PROTECTION:
Whenever, in the opinion of the CITY Representative, the CONTRACTOR has not taken sufficient precautions for the safety of the public, or property and structures adjacent to the work site, the CITY Representative may provide suitable protection with or without first notifying the CONTRACTOR. The cost and expense of such protection provided by the CITY shall be borne by the CONTRACTOR. The CITY shall deduct the cost of such protection from any monies due or to become due to the CONTRACTOR.
1.13 INSURANCE:
The CONTRACTOR 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 CITY Clerk of the CITY. The policies or certificates thereof shall provide that, thirty (30) days prior to cancellation or material change in the policy, notices of same shall be given to the Risk Manager of the CITY via PINS Advantage Insurance Program, for all of the following stated insurance policies.
A. General Liability - insurance with a minimum limit of liability per occurrence of $2,000,000 for bodily injury and property damage. If Commercial General Liability Insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required limit. The insurance shall indicate on the certificate of insurance the following coverage and indicate the policy aggregate limit applying to: premises and operations; broad form contractual; independent CONTRACTOR’s and sub-contractors; products and completed operations. #10..
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26 B. 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.
C. Workers' 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.
D. Pollution Liability – and/or Asbestos Pollution Liability and/or Errors & Omissions applicable to the work being performed, insurance with a limit no less than $1,000,000 per claim or occurrence and $2,000,000 aggregate per policy period of one year.
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 CONTRACTOR shall promptly obtain a new policy, submit the same to Risk Management via PINS for approval and submit a certificate thereof as hereinabove provided. Upon failure of the CONTRACTOR 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 CONTRACTOR to obtain and/or maintain any required insurance shall not relieve the CONTRACTOR from any liability under this agreement, nor shall the insurance requirements be construed to conflict with or otherwise limit the obligations of the CONTRACTOR concerning indemnification. The CITY, it’s agents, officers, officials, employees, and volunteers shall be named as an additional insured on all insurance policies required herein, except Workers' Compensation.
The Workers' Compensation insurer shall agree to waive all rights of subrogation against the CITY, its agents, officers, officials, employees, and volunteers for losses arising from work performed by CONTRACTOR for the CITY.
The CONTRACTOR'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.
For any claims related to this project, the CONTRACTOR’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 CONTRACTOR’s insurance and shall not contribute with it.
CONTRACTOR shall either require any sub-contractor to procure and to maintain during the term of the subcontract all insurance in the amounts specified above, or shall insure the activities of sub-contractors in the policy specified above. The limits of liability required may vary, depending on the type of permit or agreement.
1.14 TRANSPORTATION OF HAZARDOUS MATERIALS:
In order to comply with the appropriate Federal and State requirements applicable to the transportation and dumping of hazardous waste materials/substances, the CONTRACTOR, or any commercial hauling/transporting firm through which the CONTRACTOR may obtain such services, must be licensed and registered to provide such service. All dumping facilities shall be licensed and certified to accept material being dumped. CONTRACTOR hereby warrants that it has obtained all necessary Federal and State licenses and registrations applicable to transports and transportation of toxic and/or hazardous materials/substances. If required to do so by the CITY, CONTRACTOR shall provide proof of said licenses and/or registrations. The CITY may also request proof of dumping from an approved dumping facility. #10..
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27 1.15 COMPLIANCE WITH TRANSPORTATION LAWS:
The CONTRACTOR shall ensure compliance with all United States Department of Transportation (USDOT) regulations relative to commercial vehicle numbers, placard and registration; driver licensing, driver drug testing, and record keeping; and all other pertinent requirements contained in Federal Motor Carrier Safety Regulations. The CONTRACTOR’s DOT number shall be submitted with bid. #10..
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28 REQUEST FOR BID AND SPECIFICATIONS NO. 2122-05
SODIUM HYPOCHLORITE – LIQUID CHLORINE
GENERAL TERMS AND CONDITIONS
2.1 BID SUBMITTAL:
Bidders should submit two (2) “inked” (preferably blue ink) signed original bid document, plus one (1) copy of the signed original bid document, and one (1) electronic copy submitted via USB. The original bid document shall be clearly marked. Photocopies do not constitute an original bid.
FAILURE TO FURNISH AT LEAST ONE (1) “INKED” SIGNED ORIGINAL BID DOCUMENTS MAY RESULT IN DISQUALIFICATION.
It is the responsibility of the bidders to identify information in their bid responses that they consider to be confidential under the California Public Records Act. To the extent that the CITY agrees with that designation, such information will be held in confidence whenever possible. All other information will be considered public.
All costs associated with the preparation of this bid shall be borne by the bidder.
All exceptions taken to these specifications shall be specifically and clearly identified on Exceptions, Clarifications and Amendments form. Failure to comply with this provision may deem the bid as nonresponsive.
Please review the Sample Annual Agreement and make note on the Exceptions, Clarifications, and Amendments form for any changes.
Exceptions taken shall not affect the overall performance and quality of equipment, materials and/or services required by the CITY. The Purchasing Manager or designated agent shall make the final decision regarding the acceptability of equipment, materials and/or services with exceptions.
2.1.1 ACCEPTANCE/REJECTION OF IRREGULAR BIDS:
An agreement shall be awarded to the bidder whose bid most closely satisfies the needs of the CITY and is deemed the most advantageous to the CITY. The CITY reserves the right to reject any or all bids or to waive any informalities or minor irregularities in a bid.
2.1.2 COMPLETE BID DOCUMENT:
The following forms constitute the makeup of a complete bid document:
• Bid Acknowledgement (Signature Form)
• Pricing Schedule (Signature Form)
• Exceptions, Clarifications, Amendments (if applicable) • References
• Financial Interest Disclosure (Signature Form)
• Support of Local Vendors (if applicable)
• Company History Statement
• Addenda Acknowledgement Page (if applicable)
• Product Specifications and Brochure
• Minimum Order Quantity
• Safety Data Sheets (SDS)
Failure to furnish any of these forms may result in disqualification. #10..
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29 2.1.3 BID PRESENTATION:
Bid submittals shall be presented in the order as listed in Section 2.1.2 Complete Bid Document.
2.2 COMPLIANCE:
Bidders are required to sign the “Pricing Schedule, Financial Interest Disclosure and Bid Acknowledgement Form” of this bid document, thereby acknowledging they are in full compliance with all requirements of Bid No. 2122-05, and any addendum to such bid. Failure to comply may result in disqualification.
The bidder guarantees that the offered equipment, material or services meet all safety requirements applicable in accordance with Cal-OSHA regulations and any other rule or regulation required by the CITY of Modesto.
All permits and licenses necessary for the prosecution of the scope of work shall be secured and paid for by the CONTRACTOR, except those secured by the CITY and so noted.
2.3 NON-COMPLIANCE:
If you cannot comply with a specification requirement, note on the Exception, Clarifications, and Amendments page of the specification paragraph, your exception, and your recommendation. The Purchasing Manager will evaluate your recommendation. If after evaluation it is determined that the bidder is not in compliance with the specification, the bid may be rejected.
2.4 PRICING FORMAT:
All prices for parts, materials and equipment shall be F.O.B. destination, Modesto, CA. Any freight/delivery charges shall be included in the bidder’s unit price.
Unless otherwise stated, the bidder agrees that, in the event of a price decline, the benefit of such lower pricing shall be extended to the CITY.
2.5 PRICING SCHEDULE:
Bidders shall use the pricing schedule provided in this document to present bid pricing. No other form or format shall be accepted. Bid must be submitted on the Pricing Schedule provided. No alterations should be made to the pricing schedule. Any exceptions, amendments or adjustments should be noted on the “Exception, Clarification, Amendments” section on page 10.
2.6 AWARD OF BID:
Award shall be based on providing the lowest responsive and responsible bid meeting the RFB specifications.
Agreements may be awarded to more than one company in order to provide for backup, or in case the “primary” CONTRACTOR is unable to meet the CITY’s needs. The CITY may elect to award by line item, by group, or by all items.
The CITY reserves the right to decline to award an agreement if it is determined that the proposed pricing is not competitively priced based on similar agreements with public agencies within the State of California.
The CITY reserves the right to select that bid, which best suits the CITY’s needs. Regardless of CITY staff’s recommendation, the CITY Council reserves the right to award an agreement to the bidder that best suits the CITY’s needs as determined by the CITY Council whether or not said award is consistent with CITY staff’s recommendation for award.
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30 2.7 INSPECTION AND ACCEPTANCE:
Whenever the product or service provided by the supplier has been delivered to the Modesto, California, delivery point, the designated agent shall make the final inspection and acceptance.
If upon initial inspection the product or service is found to be defective in its construction or deficient in any of the requirements of this specification, the supplier shall remedy or remove said product in an acceptable manner at the supplier's expense. No compensation shall be allowed for such correction of product, labor, or transportation of product.
2.8 SUPPORT OF LOCAL VENDORS:
Should the bidder that submits the lowest responsive bid or quote and would otherwise normally qualify to receive the bid pursuant to Sections 8-3.203 and 8-3.204 of the Modesto Municipal Code (MMC) not be a local business as defined herein, the lowest bid or quote submitted by a local business that is within five percent (5%) of the lowest bid or quote, whether or not that bidder is the second lowest bidder, may be deemed to be the lowest bidder if the local bidder agrees to reduce its bid to match the bid or quote of the lowest bidder in writing within five (5) business days after notification by CITY Purchasing staff, provided that said local bidder is deemed to be a responsible bidder as determined by the Purchasing Manager. To qualify as a local bidder, the bidder must have a physical business location within the CITY of Modesto and a current CITY of Modesto business license.
2.9 TERM OF AGREEMENT:
The term of the agreement shall be for a period of one (1) year with four (4) one-year extension options at the sole discretion of CITY, for a total of up to five (5) years.
A. Pricing shall remain firm for the first year of any agreement, which may be awarded pursuant to this RFB.
B. Price adjustments for diesel fuel fluctuations may be considered. A thirty (30) day written notice is required for consideration. Any price adjustment shall be negotiated through the Purchasing Division, and approved at the sole discretion of the CITY.
The index used to determine price adjustments on diesel fuel shall come from the Energy Information Administration:
Website: HTTPS://WWW.EIA.GOV/PETROLEUM/GASDIESEL/ , California data.
C. Price increases (other than fuel) for subsequent agreement years, two (2), three (3), four (4) and five (5), shall not exceed the Producer Price Index (PPI) as published by the Bureau of Labor Statistics:
Industry Data for Chemical MFG (Series ID PCU325) in any one (1) agreement year, and shall be negotiated through the Purchasing Division with acceptable supporting documentation to substantiate the increase by manufacture. Request(s) for price increases shall be submitted by CONTRACTOR(s) in writing, at least sixty (60) days prior to the annual anniversary date of the agreement to be effective for the subsequent year.
Website: https://www.bls.gov/ppi/#data
2.10 TERMINATION OF SERVICES:
The CITY reserves the right to discontinue services with the provider upon failure to meet contractual expectations and/or obligations, as recommended by the site supervisor or his/her agent. Cancellation of services shall be determined by the collaborative efforts of the Purchasing Manager, or designee, and using department after reviewing the incident(s) of failure to perform. #10..
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31 The CITY reserves the right to review the service providers’ performance at any time with or without the knowledge or consent of the provider.
The CITY may terminate the agreement at any time with or without cause.
2.11 QUANTITIES:
No minimum or maximum is guaranteed or implied.
2.12 FUNDING:
All annual extensions are based upon continuous funding for that purpose by the CITY Council. Failure to fund any annual extension shall result in an immediate termination of the agreement without redress.
2.13 OTHER GOVERNMENT/PUBLICLY FUNDED AGENCIES:
If mutually agreeable to all parties, the issuance of any resultant Agreement/Purchasing Agreement referencing these specifications and modified by mutual agreement between all parties may be extended to other government or publicly funded agencies. It shall be understood that all terms and conditions as specified herein shall apply.
2.14 NON-DISCRIMINATION:
A. During the performance of this agreement, CONTRACTOR and its sub-contractors shall not unlawfully discriminate against any employee or applicant for employment because of race, color, ancestry, religion, sex, national origin, marital status, age, medical condition (cancer related), physical handicap (including AIDS), or sexual orientation. Equal employment opportunity extends, but is not limited to recruitment, compensation, benefits, layoff, termination, and all other conditions of employment. CONTRACTOR and sub-contractors shall ensure that the evaluation and treatment of their employees and applicants for employment are free of such discrimination. CONTRACTOR and sub-contractors shall comply with the provisions of the Fair Employment and Housing Act (Government Code, Section 12900 et seq.) and the applicable regulations promulgated thereunder (California Administrative Code, Title 2, Section 7285.0 et seq.). The applicable regulations of the Fair Employment and Housing Commission implementing Government Code, Section 12900, set forth in Chapter 5 of Division 4 of Title 2 of the California Administrative Code are incorporated into this agreement by reference and made a part hereof as if set forth in full.
B. CONTRACTOR and its sub-contractors shall give written notice of their obligations under this clause to labor organizations with which they have a collective bargaining or other agreement.
C. CONTRACTOR shall include the nondiscrimination and compliance provisions of this clause in all subcontracts to perform work under the agreement.
D. CONTRACTOR shall permit access by representatives of the Department of Fair Employment and Housing and the CITY upon reasonable notice at any time during the normal business hours, but in no case less than twenty-four (24) hours’ notice, to such of its books, records, accounts, other sources of information and its facilities as said Department or CITY shall require to ascertain compliance with this clause.
2.15 NON-DISCRIMINATION OF THE HANDICAPPED:
CERTIFICATION OF BIDDER REGARDING NON-DISCRIMINATION OF THE HANDICAPPED By executing this agreement, the bidder hereby certifies that he/she is in compliance with the Americans with Disabilities Act of 1990, the applicable administrative requirements promulgated in response thereto, and any other applicable Federal laws and regulations relating to handicap discrimination and participation, and will continue to do so for at least the duration of the agreement and any extensions thereof. #10..
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32 2.16 DRUG FREE WORKPLACE:
Bidder/CONTRACTOR certifies that he/she is in compliance with Sections 8350 - 8355 of Chapter 5.5 of the Government Code, Drug Free Workplace Act. Every person or organization awarded an Agreement/Purchasing Agreement or grant for the procurement of any property or service from any state agency (CITY) shall certify to the contracting or granting agency that it will provide a drug free workplace.
2.17 INDEMNITY:
The CONTRACTOR shall hold the CITY, its agents, officers, employees, and volunteers, harmless from and save, defend and indemnify them against any and all claims, losses, liabilities, judgements or damages from every cause, including but not limited to injury to person or property or wrongful death, including reasonable costs and expenses of defense of any judicial or administrative action, arising directly or indirectly out of any negligent or intentional act or omission of CONTRACTOR, or its agents, officers, employees, or volunteers relating to or during the performance of its obligations under this bid. CONTRACTOR’s obligation to defend, indemnify, and hold the CITY, its agents, officers, and employees harmless under the provisions of this paragraph is not limited to or restricted by any requirement in this bid for CONTRACTOR to procure and maintain a policy of insurance. In the indemnity clause contained herein CONTRACTOR agrees to defend, indemnify and hold CITY harmless from the negligence of its employees, among other risks. With reference to the foregoing, the parties agree that all risk of loss, including but not limited to damages, property losses and defense of third-party suits, arising out of or relation to the operation of CITY owned vehicles by CONTRACTOR’s employees is apportioned to CONTRACTOR in accordance with the provisions contained in indemnity.
2.18 PROTEST AND APPEAL PROCEDURES:
Potential offerors, bidders, CONTRACTORs, and sub-contractors wishing to protest or appeal procurement or contracting decision by the CITY of Modesto must follow the procedures provided by the section. Protests or appeals which are not submitted in accordance with these procedures will not be reviewed.
DEFINITIONS:
For the purposes of this procedure: "Days" means working days in which CITY Hall is open for business, excluding holidays and weekends.
"Filing Date" or "Submission Date" means the date of receipt by the CITY Clerk’s office of the CITY of Modesto.
"Interested Party" means an actual or prospective bidder or offeror, or any CONTRACTOR or sub-contractor identified by name in any bid or proposal.
"Bid" includes the term "offer" or "proposal" as used in the context of formal, informal, or negotiated procurements.
"Announced Decision" includes the term “Notice of Intent to Award Letter”. Once the CITY has issued an Announced Decision, the date noted will begin the time that an Interested Party may lodge a protest.
Procurements valued at $50,000 or less normally will not have an Announced Decision.
A. PROTEST PROCEDURES
1. Any interested party may lodge a written protest to an Announced Decision with the CITY of Modesto's Purchasing Manager no later than ten (10) days after the Announced Decision.
2. The protest shall be delivered or sent by registered mail and postmarked by the deadline, or protest will be automatically rejected. Protestors who choose to be represented by legal counsel are responsible for the associated expenses.
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33 3. The protest shall be accompanied by a certified or cashier's check in the amount of $300.00, (EXCEPT FOR PROTESTS OF FEDERALLY FUNDED PROJECTS) or in such other sum as the CITY may establish, made payable to the Clerk of the CITY of Modesto. Protests filed without the requisite fee will be rejected without any additional review.
4. The protest filed with the Purchasing Manager shall:
a. Include the name, address, and business telephone number of the protestor; b. Identify the project under protest by name, Request for Bid (RFB)/Request for Proposal (RFP) number, and bid/RFP date;
c. Contain a concise statement of the grounds for protest; d. Include all supporting documentation, if any. Documentation submitted after filing deadline will not be reviewed.
All protests shall either be delivered to:
CITY Clerk’s Office
Attn: Purchasing Manager
1010 Tenth St. Suite 6600
Modesto CA 95354
Or mailed to:
CITY Clerk’s Office
Attn: Purchasing Manager
PO Box 642
Modesto CA 95353
B. PROTEST REVIEW (ANNOUNCED DECISION)
1. Protest to Purchasing Manager
Upon receipt of a complete and timely protest, the Purchasing Manager shall review all the submitted materials and shall create and retain a written record of the review. The Purchasing Manager shall respond at least generally to each material issue raised in the protest not later than ten (10) days after receipt of the protest. Notice of the Purchasing Manager's decision may be given by letter mailed through U.S. Postal Service.
2. Appeal to Deputy CITY Manager
The Purchasing Manager's decision may be appealed in writing to the CITY of Modesto's Deputy CITY Manager(s) no later than ten (10) days after the date of the Purchasing Manager’s Decision. The scope of the appeal shall be limited by the issues raised in the initial protest to the Purchasing Manager. The Deputy CITY Manager shall not be permitted to review any newly raised issues. The Deputy CITY Manager shall review the appeal, accompanying supporting documents, if any and the written record of the protest review by the Purchasing Manager.
A written record of the Deputy CITY Manager's review shall be created and maintained. The Deputy CITY Manager shall give notice of his or her decision to the protestor within ten (10) days after receipt of appeal.
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34 All protest appeals shall either be delivered to:
CITY Clerk’s Office
Attn: Deputy CITY Manager
1010 Tenth St. Suite 6600
Modesto CA 95354
Or mailed to:
CITY Clerk’s Office
Attn: Deputy CITY Manager
PO Box 642
Modesto CA 95353
3. Appeal to CITY Council
Any protestor seeking to appeal to the decision of the Deputy CITY Manager may appeal in writing to the CITY Council by filing with the CITY Clerk a written notice of such appeal not later than fifteen (15) business days after the date of the Deputy CITY Manager's decision. The CITY Clerk will calendar the protest for Council hearing and give notice of the time and place of the hearing as provided in Modesto Municipal Code Sections 1-4.01 through 1-4.05.
The CITY Council is the highest authority of the CITY of Modesto. It is possible that the CITY Council may reverse the decision of any CITY staff member at the hearing, or provide other direction to staff. In such cases, staff cannot reverse a CITY Council decision.
All protests shall either be delivered to:
CITY Clerk’s Office
Attn: CITY Council
1010 Tenth St. Suite 6600
Modesto CA 95354
Or mailed to:
CITY Clerk’s Office
Attn: CITY Council
PO Box 642
Modesto CA 95353
C. PROTESTS OF PROCUREMENTS EXCEEDING $250,000.00
Interested parties protesting procurements exceeding $250,000.00 shall comply with the procedures contained herein, except that in lieu of appeal to the Deputy CITY Manager, a protestor may request that the protest be heard and decided at an administrative hearing.
A written request for administrative hearing shall be accompanied by a certified or cashier's check in the amount of $1,500.00, (EXCEPT FOR PROTESTS OF FEDERALLY FUNDED PROJECTS; Refer to Purchasing Procedures Manual for the Transit Division and Federal Transit Administration Funded Purchases, Chapter 14) payable to the CITY of Modesto, and shall be received by the Purchasing Manager not later than fifteen (15) days after dispatch of the Purchasing Manager's decision. The request for hearing shall include the specific grounds of the appeal. #10..
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35 The CITY of Modesto shall select and engage an impartial and qualified person to act as hearing officer in the pending protest. The protestor shall have the right to twice reject the selected hearing officer, provided that the CITY is notified of such rejection within three (3) days of notice to protestor of the name of the hearing officer.
The protest shall be heard not later than twenty (20) days after receipt of protestor's request for hearing and the selection of a hearing officer. Protests not heard in a timely manner shall be deemed withdrawn, unless the CITY and the protestor mutually agree otherwise in writing. The protestor’s failure to accept a hearing officer after the third attempt by CITY staff to identify an impartial hearing officer shall be deemed a withdrawal of the protest.
The costs of the hearing officer and expenses of the protest shall be borne by the protestor. The sums deposited with the request for hearing shall be credited to the costs of the hearing officer and other hearing expenses.
The decision of the hearing officer shall be deemed as the final decision of the CITY, and no other appeal to CITY Staff or body shall be permitted.
D. PROCUREMENTS OBTAINED WITH FEDERAL FUNDS
1. If the protested procurement involves federal funds, e.g., from the Federal Transit Administration (FTA) of the United States, the Deputy CITY Manager, CITY Council, or hearing officer shall give notice, accompanying their respective decisions, to the protestor that he or she has the right to appeal to the appropriate federal agency, for which an agency name, contact (where available) and address shall be provided by CITY staff. Such an appeal shall be filed with the appropriate agency within seven (7) business days of the dispatch or rejection notices to the protestor. Federal agencies may entertain protests alleging that the CITY has failed to adopt written protest procedures or has failed to follow such procedures. Appeals to the Federal Transit Administration (FTA) shall comply with FTA Circular 4220.1E and the amendments and supplements thereto. Additional information regarding protesting procurements obtained with Federal Funds can be found in the Purchasing Procedures Manual for the Transit Division and Federal Transit Administration Funded Purchases, Chapter 14.
2. The CITY Council is the highest authority of the CITY of Modesto. It is possible that the CITY Council may reverse the decision of any CITY staff member at the hearing before Council on the procurement at hand. In such cases, no internal appeal is possible since staff may in no case reverse a CITY Council decision. In such an event, a disappointed transit bidder or an agreement involving expenditures of Federal funds shall have the right to appeal the CITY Council decision directly to the Federal Transit Administration. #10..
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36 2.19 PAYMENT:
• Paper Payment Method:
All invoices shall be paid in full within thirty (30) days after completion and acceptance of the vehicles by the CITY, and receipt of a properly prepared invoice, subject to cash discounts allowed and stated in this bid document.
• Electronic Payment Method:
The CITY of Modesto provides an E-pay Program which involves payment of invoices by a secure Visa account number assigned to the supplier after award of bid or agreement. Notification of payments and required invoice information are issued to the supplier’s designed Accounts Receivable contact by email remittance advice at time of payment.
During the bid evaluation process preference may be shown to bidders that agree to accept E-pay for payment of invoices. Please indicate on the Pricing Schedule whether or not your company will accept the CITY’s Epay Program.
Invoice to: CITY of Modesto
Attn: Accounts Payable
P.O. Box 642
Modesto, CA 95353
Email to: [email protected]
2.20 SAMPLE ANNUAL AGREEMENT:
Please review the Sample Annual Agreement. This Agreement may be modified and subject to change. #10..
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37 SAMPLE ANNUAL AGREEMENT
This Agreement, made and entered into in the CITY of Modesto, State of California, this ____ day of _________, 2022, by and between the CITY of Modesto, a municipal corporation of the State of California, hereinafter called CITY, and CONTRACTOR, hereinafter called CONTRACTOR, W I T N E S S E T H:
WHEREAS, the Modesto CITY Council adopted Resolution No. 2022- __________ authorizing the award of bid and agreement for the purchase and delivery of Sodium Hypochlorite – Liquid Chlorine to CONTRACTOR, attached hereto as Exhibit “A” and made a part hereof, and WHEREAS, the CONTRACTOR provided a responsive and responsible bid submittal that best meets the CITY needs, attached hereto as Exhibit “B” and made a part hereof, and WHEREAS, the CITY and CONTRACTOR shall enter into an agreement for the purchase and delivery of Sodium Hypochlorite – Liquid Chlorine as described in RFB 2122-05, attached hereto as Exhibit “C” and made a part hereof, and
NOW, THEREFORE, the parties hereto mutually agree as follows:
1. SCOPE OF WORK:
a. CONTRACTOR shall provide and deliver Sodium Hypochlorite – Liquid Chlorine insofar as such scope of service as specified in RFB 2122-05, and in strict accordance with the conditions of the complete agreement.
b. CONTRACTOR shall do and perform the work in a professional and businesslike manner under the direction of and to the satisfaction of the CITY. c. CONTRACTOR shall maintain proper insurance with the CITY for the duration of the agreement.
d. CONTRACTOR shall maintain a CITY business license for the duration of the agreement. e. CONTRACTOR shall furnish the service defined for the following contracted rates, for an estimated annual amount of $XX,XXX, and a total amount not to exceed $XX,XXX over five (5) years:
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38 AGREEMENT PRICING
Item Description
Unit of
Measure Unit Pricing
Sodium Hypochlorite – Liquid Chlorine Gallon $__________ Annual Safety Training Each $__________
Emergency Delivery Each $__________
2. CITY CONTACT:
Department Contact: Jeremy Parnell, Water Superintendent, (209) 342-4599 Purchasing Contact: Carol Wattle, Buyer (209) 577-5406
Changes of a contractual or business nature shall be affected only by written change to the agreement, issued by the CITY of Modesto, Purchasing Division.
3. TERM OF AGREEMENT:
The term of the agreement shall be for a period of one (1) year, with four (4) one-year extension options, for a total up to five (5) years.
Year 1: xxxx, 2022 through xxxx, 2023
Year 2: xxxx, 2023 through xxxx, 2024
Year 3: xxxx, 2024 through xxxx, 2025
Year 4: xxxx, 2025 through xxxx, 2026
Year 5: xxxx, 2026 through xxxx, 2027
This agreement may be renewed for four (4) additional one-year terms by mutual, written agreement of the parties.
Pricing will remain firm for the first year of the agreement. Price adjustments for diesel fuel fluctuations may be considered. A thirty (30) day written notice is required for consideration. Any price adjustment shall be negotiated through the Purchasing Division, and approved at the sole discretion of the CITY.
The index used to determine price adjustments on diesel fuel shall come from the Energy Information Administration: Website: HTTPS://WWW.EIA.GOV/PETROLEUM/GASDIESEL/ , California data.
Price increases (other than fuel) for subsequent agreement years two (2) through five (5) shall not exceed the Producer Price Index (PPI) as published by the Bureau of Labor Statistics: Industry Data for Chemical MFG (Series ID PCU325) in any one (1) agreement year and shall be negotiated through the Purchasing Division #10..
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39 with acceptable supporting documentation to substantiate the increase by manufacture. Request(s) for price increases shall be submitted by CONTRACTOR in writing, sixty (60) days prior to the annual anniversary date of the agreement to be effective for the subsequent year.
4. DELIVERY:
Location: City of Modesto
Water Division - Tank 6
1229 Carpenter Road
Modesto, CA 95352
Days of Week:Monday through Friday (excluding holidays) Delivery Hours: 7:00 A.M. to 12:00 P.M. and 12:30 P.M. – 3:30 P.M. PST In the event of an emergency, a delivery during non-business hours may be required.
Each Delivery Shall Include and left with CITY Staff:
1. A Certificate of Analysis shall be provided for the contents of the delivery.
2. A Bill of Lading shall be provided with each delivery.
3. Safety data sheet shall be made available upon request.
4. Weight Scale Certificate
5. LIABILITY INSURANCE:
CONTRACTOR 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 CITY as may be required by the Risk Manager. The policies or certificates thereof shall provide that, thirty (30) days prior to cancellation or material change in the policy, notices of same shall be given to the Risk Manager of CITY by registered mail, return receipt requested, for all of the following stated insurance policies. a) General Liability - insurance with a minimum limit of liability per occurrence of $2,000,000 for bodily injury and property damage. If Commercial General Liability Insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required 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 CONTRACTORs and sub-contractors; products and completed operations as applicable.
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40 b) 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.
c) Workers' 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. d) Pollution Liability- and/or Asbestos pollution liability and/or errors & omissions applicable to the work being performed, with a limit no less than $1,000,000 per claim or occurrence and $2,000,000 aggregate per policy period of one-year.
If at any time any of said policies shall be unsatisfactory to CITY, as to form or substance, or if a company issuing such policy shall be unsatisfactory to CITY, CONTRACTOR shall promptly obtain a new policy, submit the same to Risk Management via PINS for approval and submit a certificate thereof as herein above provided. Upon failure of the CONTRACTOR 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 CONTRACTOR to obtain and/or maintain any required insurance shall not relieve CONTRACTOR from any liability under this Agreement, nor shall the insurance requirements be construed to conflict with or otherwise limit the obligations of CONTRACTOR concerning indemnification. CITY, and its agents, officers, officials, employees, and volunteers shall be named as an additional insured on all insurance policies required herein, except Workers’ Compensation.
The Workers’ Compensation insurer shall agree to waive all rights of subrogation against CITY, its agents, officers, employees, and volunteers for losses arising from work performed by CONTRACTOR for the CITY. The CONTRACTOR’s insurance policy(ices) 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 of the CITY. #10..
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41 For any claims related to this project, the CONTRACTOR’s insurance coverage shall be primary insurance as respects the Entity, its agents, officers, officials, employees, and volunteers. Any insurance or self-insurance maintained by the Entity, its agents, officers, officials, employees, or volunteers shall be excess of the CONTRACTOR’s insurance and shall not contribute with it.
6. PAYMENT:
CONTRACTOR shall invoice the CITY after each purchase and delivery of sodium hypochlorite. All invoices shall be paid in full within thirty (30) days after completion and acceptance of the service by the CITY, and receipt of a properly prepared invoice, subject to cash discounts allowed and stated in this bid document. The CITY is exempt from payment of Federal Excise Tax, and all invoices shall be exclusive of such excise tax.
Invoice to: CITY of Modesto
Attn: Accounts Payable
P.O. Box 642
Modesto, CA 95353
[email protected]
CONTRACTOR shall establish a separate billing account number for each CITY department and/or division.
At a minimum invoices shall state the following:
• Reference Annual Agreement #: _____________________
• CITY department/division name and address
• Service hours worked day and week
• Unit price, extended price, sales tax and total
7. INDEMNITY:
The CONTRACTOR shall hold the CITY, its agents, officers, employees, and volunteers, harmless from and save, defend and indemnify them against any and all claims, losses, liabilities, judgments or damages from every cause, including but not limited to injury to person or property or wrongful death, including reasonable costs and expenses of defense of any judicial or administrative action, arising directly or indirectly out of any negligent or intentional act or omission of CONTRACTOR, or its agents, officers, employees, or volunteers relating to or during the performance of its obligations under this agreement. #10..
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42 CONTRACTOR’s obligation to defend, indemnify, and hold the CITY, its agents, officers, and employees harmless under the provisions of this paragraph is not limited to or restricted by any requirement in this agreement for CONTRACTOR to procure and maintain a policy of insurance.
In the indemnity clause contained herein CONTRACTOR agrees to defend, indemnify and hold the CITY harmless from the negligence of its employees, among other risks. With reference to the foregoing, the parties agree that all risk of loss, including but not limited to damages, property losses and defense of third-party suits, arising out of or relating to the operation of CITY owned vehicles by CONTRACTOR’s employees is apportioned to CONTRACTOR in accordance with the provisions contained in Indemnity 6.
8. ARBITRATION:
Any dispute or claim arising or related to this agreement, its performance, breach, or interpretation (including issues about its validity or enforceability), shall be exclusively, (except as approved below) resolved by final binding arbitration before the American Arbitration Association (AAA), utilizing its Commercial Arbitration Rules. One Arbitrator shall be selected using AAA procedures. The Arbitrator shall use all reasonable efforts to minimize discovery and to complete the arbitration proceedings as expeditiously as possible. The Arbitrator shall render a written decision within thirty (30) calendar days of the hearing. The Arbitrator will not award attorney’s fees, or punitive, incidental, consequential, treble or other multiple or exemplary damages, and the parties hereby agree to waive and not seek such damages. Either party may seek judicial relief to compel the other party to comply with the provisions of this Section, or injunctive or other equitable relief to protect its intellectual property rights, provided (unless prohibited by applicable law) that the remainder of the dispute or claim is submitted to arbitration.
The arbitration shall be held in Modesto California; both parties give their irrevocable consent to jurisdiction of courts of or in the State of California, as well as processes of the AAA in California. Awards shall be final, binding and non-appealable (except on the minimal grounds required under the Federal Arbitration Act or other applicable law). All awards may be filed with one or more courts, state, federal or foreign having jurisdiction over the party against whom such award is rendered or its property, as a basis of judgment and of the issuance of execution for its collection.
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43 9. GOVERNING LAW:
This Agreement shall be deemed made in, governed by, performed in, and construed and enforced in accordance with the laws of the State of California, U.S.A., without giving effect to its conflicts of law’s provisions or principles.
10. COMMENCEMENT AND COMPLETION OF THE WORK:
The work contemplated herein shall be commenced after the agreement administrator receives and has on file:
Proof of insurance (approved by Risk Management);
Executed Agreement and Exhibits.
11. TERMINATION OF SERVICES:
Termination by CITY for Default of CONTRACTOR
Should CONTRACTOR default in the performance of this agreement or materially breach any of its provisions, at its option, CITY may terminate this agreement by giving written notification to CONTRACTOR. The termination date shall be the effective date of the notice. For the purposes of this section, material breach of this agreement shall include, but not be limited to, any of the following: failure to perform required services or duties, willful destruction of CITY's property by CONTRACTOR, dishonesty or theft.
Termination by CITYfor Convenience
TheCITYmay also terminate theCONTRACTOR’sperformance underthe 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 lessthan ten (10) calendar day’s written notice of its intent to terminate the agreement for convenience, and shall endeavor to provide the CONTRACTOR with consultation with the CITY prior to termination. #10..
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44 Post-Termination Procedure
Upon receipt of a written notice of termination pursuant to either of the foregoing paragraphs, the CONTRACTOR shall:
a. Cease its work as directed in the notice of termination as of the termination date and see to it that its employees, sub-contractors and agents are notified of such termination and act as specified in the notice of termination;
b. Terminate all orders and Sub-contractors except as necessary to complete any portion of the Work that is not terminated;
c. If directed in writing by the CITY to do so, assign all right, title and interest in subcontracts and materials in progress to CITY, in which case the CITY will have the right at its discretion to settle, or pay any or all claims arising out of the termination of such sub-contractors, but in no event shall recovery by any CONTRACTOR or sub-contractor 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 CONTRACTOR 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, CONTRACTOR shall provide sufficient oral or written status reports to make CITY reasonably aware of the status of CONTRACTOR’s work on the project.
i. The CONTRACTOR understands and agrees that CITY may, in CITY's sole #10..
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45 discretion, refuse to pay CONTRACTOR for that portion of CONTRACTOR’s services which were performed by CONTRACTOR on the project prior to the termination date and which remain unacceptable and/or not useful to CITY as of the termination date.
CITY will pay CONTRACTOR an amount based on the percentage of satisfactory work completed in accordance with the notice of termination. The final payment to the CONTRACTOR after termination for convenience shall be limited to amounts due and owing under 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 sub-contractor agreements or agreements for materials; b. The agreement price allocable to the portion of the work properly performed or goods supplied to the work site by the CONTRACTOR as of the date of termination, as determined in accordance with the notice of termination, reduced by any sums previously paid to the CONTRACTOR.
Authorization to Terminate Agreement
Termination of the Agreement may be invoked by the City Manager, or his/her designee, subject to the right of the CONTRACTOR to appeal the City Manager, or his/her designee’s, decision to the City Council. The CONTRACTOR shall appeal by notifying the City Clerk in writing within ten (10) 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.
12. COMPLIANCE WITH ALL LAWS:
CONTRACTOR hereby agrees that CONTRACTOR and its sub-contractors, if any, in the performance of the work described, designated and shown upon the plans herein referred to, will comply with all #10..
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46 federal, state, county and municipal laws, rules and regulations which may be applicable to the work herein contracted for, whether now in existence or hereafter adopted.
13. AGREEMENT DOCUMENTS:
The complete agreement between the parties hereto consists of this agreement, and all exhibits, and the following documents which are incorporated herein by this reference:
a. Resolution No. _____________;
b. Bid Submittal;
c. RFB 2122-05;
d. Insurance Certificates,
These documents include important legal requirements, procedures and restrictions and should be reviewed by CONTRACTOR. They are available for review during normal business hours in the Department of Finance, Purchasing Division). All documents specified above are intended to operate so that any work called for in any one and not mentioned in the other, or vice versa, is to be executed the same as if mentioned in all said documents.
14. NOTICES:
Any notice, payment or instrument required or permitted by this agreement to be given or delivered to either party shall be deemed to have been received when personally delivered, or one calendar week following deposit of the same in any United States Post Office, registered or certified mail, postage prepaid, addressed as follows:
CONTRACTOR: Contact Name (or designee)
Company Name
Company Address
CITY, State, zip
Company Phone #
Contact email
CITY: CITY of Modesto
Purchasing Division
P.O. Box 642
Modesto, CA 95353
Each party may change its address for delivery of notice by delivering written notice of such change of address to the other party.
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47 15. SIGNATOR(IES) FOR CONTRACTOR:
The undersigned signator (ies) for CONTRACTOR warrant(s) and represent(s) those he/she/they is/are legally competent to execute the agreement and has/have full authority to execute this agreement.
16. ASSIGNMENT:
Neither this agreement nor any portion thereof shall be subcontracted or assigned without the written consent of the CITY in each and every instance.
17. 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.
18. HEADINGS NOT CONTROLLING.
Headings used in the agreement are for reference purposes only and shall not be considered in construing this Agreement.
19. MISCELLANEOUS:
Time is of the essence in every provision of this agreement.
20. ENTIRE AGREEMENT.
This agreement and its exhibits contain the entire understanding between CONTRACTOR and CITY.
Additional or new terms contained in this Agreement which vary from CONTRACTOR’s bid are controlling and are deemed accepted by CONTRACTOR 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.
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48 21. 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.
IN WITNESS WHEREOF, the CITY OF MODESTO, a municipal corporation, has authorized the execution of this agreement in duplicate by its City Manager and attested 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 CONTRACTOR has caused this Agreement to be duly executed.
CITY OF MODESTO, CONTRACTOR
A municipal corporation
By: __________________________ By: _________________________________ JOSEPH P. LOPEZ, City Manager (Signature)
By: _________________________________
(Name & Title)
ATTEST: Date: _______________________________
By: ___________________________ By: _________________________________ DANA LOPEZ, Interim City Clerk (Signature)
By: ________________________________
(SEAL) (Name & Title)
Date: _______________________________
APPROVED AS TO FORM:
By: ______________________________
JOSE M. SANCHEZ, City Attorney
By: _____________________________
CHRISTINA D. ALGER,
Director of Human Resources (Risk)
Signature Requirements
Corporation:
1.Signature of two (2) officers
Or
2.Signature of one (1) officer plus the
corporate seal.
Partnership: Signature of one partner
Sole Proprietorship: Signature of proprietor
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ITEM # ITEM/DESCRIPTION QTY
UNIT OF
ISSUE
MATERIALS
1 Sodium Hypochlorite - Liquid Chlorine 60,000 Gallons $1.499 $89,940.00 $1.35 $81,000.00 2 Safety Training 2 day $0.00 $0.00 $0.00 $0.00
$89,940.00 $81,000.00
3 Emergency Delivery $500.00 $300.00
Minimum Order Quantity
SUBTOTAL $89,940.00 $81,000.00
SALES TAX 7.875%: $7,082.78 $6,378.75
SHIPPING $0.00 $0.00
TOTAL: $97,022.78 $87,378.75
Low Bidder - UNIVAR USA @ $87,378.75 ***FOR COSTING PURPOSES ONLY*** 4,800 - 5,000 gallons 4,000 - 4,500 gallons
Kent, WA
Univar USA
(24) Hour Turnaround
***FOR COSTING PURPOSES ONLY***
CITY OF MODESTO
PO BOX 642 MODESTO CA 95353
Tracy, CA
Olin Chlor Alkaline Products
RFB NO. 2122-05 Sodium Hypochlorite - Liquid Chlorine
2/28/2022
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CITY OF MODESTO
COUNCIL AGENDA REPORT
DATE OF MEETING:
June 28, 2022
Date: June 3, 2022
TO: Mayor and City Council
THROUGH: Joseph P. Lopez, City Manager
FROM: William Wong, Director of Utilities
SUBJECT: Water Support Services Agreement for Grayson Wells CONTACT: Jeff Daniels, Water Division Manager, [email protected], (209) 342-4585 DESCRIPTION:
Consider approving the Sole Source Agreement with Envirogen Technologies, Inc., Rancho Cucamonga, CA, for Support Services to Well #274 and Well #295 within the Grayson Community Water System, for an estimated annual amount of $150,000 and a total amount not to exceed $879,990 over five years. (Funding Source: Water Fund) STRATEGIC PLAN ELEMENT:
This item supports the City of Modesto 2020-2025 Strategic Plan Initiatives, Goal D: Provide safe, efficient, and reliable infrastructure through proactive community investment, maintenance, and sustainability efforts.
BACKGROUND:
The Grayson Community Water System has over 277 water service connections serving approximately 875 residents. The City of Modesto provides water service through Well #274 and Well #295, both of which have high nitrate levels. In August 2002, the California Department of Public Health issued a Compliance Order directing the City to have a reliable treatment system in place by April 2003. Basin Water, Inc. was awarded a contract to install an ion exchange treatment process to reduce the nitrate levels. Basin Water, Inc. was later purchased by Envirogen Technologies, Inc. (Envirogen) for nitrate treatment services and they have been providing operational support and critical parts for the on-site existing ion exchange equipment for the past seventeen years.
On October 11, 2016, by Resolution 2016-412, Council authorized an Equipment Lease to Purchase Agreement with Envirogen for the equipment used at Well #274 and Well #295. At the end of the Equipment Lease to Purchase Agreement on October 31, 2019, Modesto had the option to pay the balance of the purchase price ($180,000 less all lease payments paid under this agreement) at which time the title to the equipment was transferred immediately from #11..
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City Council, June 28, 2022
Water Support Services Agreement for Grayson Wells
Envirogen to the City of Modesto. Envirogen no longer has any ownership interest in the equipment.
Envirogen has been providing technical support, replacement parts, and consumables since the inception of the Grayson Nitrate Treatment Facility to ensure proper and reliable operation.
Envirogen’s ion exchange treatment process is a patented technology, and they provide a support service team with over twenty years of experience on Envirogen equipment. In addition to service, Envirogen supplies critical spare parts for the equipment that was developed in 2009.
The design has been modified over time such that some parts of the older versions of the IX equipment are no longer utilized in the current units being installed. However, Envirogen maintains a warehouse supply for legacy customers that still require specific, unique parts for particular IX equipment. Hence, Envirogen is the only firm that has these essential parts to assist the City in maintaining the Grayson unit in a peak operational state.
On July 11, 2017, by Resolution 2017-284, Council authorized the sole source Water Support Services Agreement with Envirogen Technologies, Inc., for support services to Well #274 and Well #295 within the Grayson community water system. The current agreement is set to expire July 31, 2022.
DISCUSSION:
The wells within the Grayson Community Water System continue to have high nitrate levels.
The equipment previously leased under the Envirogen lease is now owned by the City and nitrate levels are reduced by using an ion exchange treatment process. The Water Services Division requests approving this support services agreement with Envirogen for materials, salt, and field engineering services to support the City’s operation of the Envirogen treatment systems located in Grayson. The Agreement will be effective for a term of five years, beginning August 1, 2022 through July 31, 2027.
Modesto Municipal Code, Section 8-3.203 generally requires all purchases, in excess of fifty thousand dollars to follow formal bidding procedures. However, MMC Section 8-3.204(b) provides that a purchase may be exempted from the City’s formal bidding requirement where the Purchasing Agency’s requirements can be met solely by a single article or process. Here, Envirogen is the only entity qualified to provide support services for the Envirogen treatment systems. Additionally, the support services from Envirogen are exempt from the formal bidding procedure in accordance with Modesto Municipal Code 8-3.204(b) because Envirogen is the original equipment manufacturer and sole proprietor of the necessary support services to Well #274 and Well #295 within the Grayson community water system. Therefore, this purchase qualifies for exemption from the formal bidding procedures.
FISCAL IMPACT:
The current agreement has an average of $129,784 expended annually for the past four years.
YEAR EXPENDED
Year 1 $171,073
Year 2 $143,741
Year 3 $ 67,337
Year 4 $136,983
TOTAL $519,134
AVERAGE $129,784
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City Council, June 28, 2022
Water Support Services Agreement for Grayson Wells
Staff has calculated that the new agreement will have an estimated annual amount of $150,000 and a total amount, with annual inflationary adjustments, not to exceed $879,990 over five years. Also, as California enters into another drought, the City will rely more heavily on groundwater, which will increase ion exchange treatment processes to reduce the nitrate levels.
The table below indicates estimated annual spending, using CPI increases of 8% annually based on CPI trends over the past nine months:
YEAR TOTAL
Year 1 (August 1, 2022 – July 31, 2023) $150,000
Year 2 (August 1, 2023 – July 31, 2024) $162,000
Year 3 (August 1, 2024 – July 31, 2025) $174,960
Year 4 (August 1, 2025 – July 31, 2026) $188,957
Year 5 (August 1, 2026 – July 31, 2027) $204,073
Total Not to Exceed over 5 Years $879,990
Expenses are budgeted in the Water Fund operating budget, Chemical and Lab Supplies account: 4100-45050-52190.
COMMITTEE RECOMMENDATION:
This item was presented to the Economic Development Committee on May 2, 2022 with a recommendation to forward to Council for approval.
RECOMMENDED COUNCIL ACTION:
Resolution approving the Sole Source Agreement with Envirogen Technologies, Inc., Rancho Cucamonga, CA, for Support Services to Well #274 and Well #295 within the Grayson Community Water System, for an estimated annual amount of $150,000 and a total amount not to exceed $879,990 over five years, and authorizing the City Manager or his designee to execute the Agreement.
Approved by:
William Wong, Director of Utilities
Joseph P. Lopez, City Manager
Attachments:
1. Resolution
2. Agreement
3. Financial Interest Disclosure
4. Bid Waiver
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MODESTO CITY COUNCIL
RESOLUTION NO. 2022-?
RESOLUTION APPROVING THE SOLE SOURCE AGREEMENT WITH
ENVIROGEN TECHNOLOGIES, INC., RANCHO CUCAMONGA, CA, FOR SUPPORT SERVICES TO WELL #274 AND WELL #295 WITHIN THE
GRAYSON COMMUNITY WATER SYSTEM, FOR AN ESTIMATED ANNUAL AMOUNT OF $150,000 AND A TOTAL AMOUNT NOT TO EXCEED $879,990
OVER FIVE YEARS, AND AUTHORIZING THE CITY MANAGER OR HIS
DESIGNEE TO EXECUTE THE AGREEMENT
WHEREAS, the Grayson Community Water System has over 277 water service connections serving approximately 875 residents. The City of Modesto provides water service through Well #274 and Well #295, both of which have high nitrate levels, and WHEREAS, in August 2002, the California Department of Public Health issued a Compliance Order directing the City to have a reliable treatment system in place by April 2003, and
WHEREAS, Basin Water, Inc. was awarded the contract to install an ion exchange treatment process to reduce the nitrate levels, and WHEREAS, Basin Water, Inc. was later purchased by Envirogen Technologies, Inc. (Envirogen) for nitrate treatment services and they have been providing operational support and critical parts for the on-site existing ion exchange equipment for the past seventeen years, and
WHEREAS, on October 11, 2016 by Resolution 2016-412, Council authorized an Equipment Lease to Purchase Agreement with Envirogen for the equipment used at Well #274 and Well #295., At the end of the Equipment Lease to Purchase Agreement on October 31, 2019, Modesto had the option to pay the balance of the purchase price ($180,000 less all lease payments paid under this agreement) at which time the title to the equipment was transferred immediately from Envirogen to the City of Modesto, and #11..
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WHEREAS, Envirogen’s ion exchange treatment process is a patented technology, and they provide a support service team with over twenty years of experience on Envirogen equipment, and
WHEREAS, in addition to service, Envirogen supplies critical spare parts for the equipment that was developed in 2009. The design has been modified over time such that some parts of the older versions of the IX equipment are no longer utilized in the current units being installed, and
WHEREAS, on July 11, 2017, by Resolution 2017-284, Council authorized the sole source Water Support Services Agreement with Envirogen Technologies, Inc., for support services to Well #274 and Well #295 within the Grayson community water system, and
WHEREAS, the Water Services Division requests approving this support services agreement with Envirogen for materials, salt and field engineering services to support the City of Modesto’s operation of the Envirogen treatment systems located in Grayson, and WHEREAS, Modesto Municipal Code, Section 8-3.203 generally requires all purchases, in excess of fifty thousand dollars to follow formal bidding procedures.
However, MMC Section 8-3.204(b) provides that a purchase may be exempted from the City’s formal bidding requirement where the Purchasing Agency’s requirements can be met solely by a single article or process. Here, Envirogen is the only entity qualified to provide support services for the Envirogen treatment systems. Additionally, the support services from Envirogen are exempt from the formal bidding procedure in accordance with Modesto Municipal Code 8-3.204(b) because Envirogen is the original equipment manufacturer and sole proprietor of the necessary support services to Well #274 and Well #11..
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#295 within the Grayson community water system. Therefore, this purchase qualifies for exemption from the formal bidding procedures.
NOW THEREFORE, BE IT RESOLVED by the Council of the City of Modesto that it hereby approves the sole source agreement with Envirogen Technologies, Inc., Rancho Cucamonga, CA for Support Services to Well# 274 and Well #295 within the Grayson community water system, for an estimated annual amount of $150,000 and a total amount not to exceed $879,00 over five years.
BE IT FURTHER RESOLVED that the City Manager, or his designee, is hereby authorized to execute the agreement, in a form approved by the City Attorney. #11..
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The foregoing resolution was introduced at a regular meeting of the Council of the City of Modesto held on the 28th 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, CMC, City Clerk
APPROVED AS TO FORM:
By:
JOSE M. SANCHEZ, City Attorney
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1 A Lifecycle Performance Company
ANNUAL AGREEMENT NO. 220602
11/18/2021
Mr. Jeff Daniels
City of Modesto
1010 10th Street
Modesto, CA, 95354
RE: Support Services – Grayson Wells
Envirogen Proposal 24266
Dear Mr. Daniels:
Please find below Envirogen Technologies, Inc.'s (Envirogen) pricing for parts, material, field and field engineering services to support the City of Modesto's (City) operation of the leased Envirogen treatment systems located at Grayson Wells (Well Site). The pricing is offered in response to a request to develop a multi-year support agreement with the City. The support agreement will be effective for a term of five (5) years, beginning August 1, 2022, through July 31, 2027.
Other elements of the proposal are subject to change due to the nature of the items and services offered for sale. The sale of equipment, parts and materials requested by Modesto as needed for the City to maintain the treatment systems will be provided on a cost plus 20% basis. City of Modesto shall reimburse Envirogen for the delivered cost of all salt used by the system, plus a markup of twenty percent (20%) billable by Envirogen upon delivery of the salt to the City Disposal of brine waste will be quoted upon request for the Well Sites. Analytical testing of water, resin or brine will be quoted upon request.
Description Price Not
to Exceed
Annual Service Fee includes:
Onsite Field Services
Salt
Support Services
$150,000.00
This estimate has been prepared using invoicing records from City of Modesto’s service billing for past years. The total value called out per year may be up to the annual value of the contract.
Envirogen Technologies, Inc.
877.312.8950
10400 Trademark Street www.envirogen.com
Rancho Cucamonga, CA 91730
EQUIPMENT, PARTS, MATERIALS, SALT AND WASTE
FIELD SERVICE AND FIELD ENGINEERING SUPPORT PRICING
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2 City of Modesto Support Services
An Envirogen Labor Rate Sheet has been included with this proposal as Attachment B. Services can be billed applying those rates up to the annual value of this contract for a period of five (5) years.
Straight time is defined as work supplied during regularly scheduled hours with a minimum of eight hours charged per day between Monday and Friday, on an agreed-upon schedule between 7:00 a.m. and 5:00 p.m.
Over-time and holiday rates are defined as time worked in excess of eight hours per day, time worked outside the hours as specified above, and work or travel on Saturday. Over-time will be charged at 1.5 times straight-time rates.
Holiday work and travel during holidays will be charged at double the straight-time rates. Holidays are defined as any day observed by Envirogen as a scheduled employee holiday, and Sunday.
Emergency response rates (on-site within 48-hours) will be charged at 1.5 times standard rates.
Time required for mobilization from an Envirogen base of operations to the Well Site, as well as demobilization, will be charged at the daily rates attached.
All associated travel, living and other expenses related to requests for service will be billed at direct cost plus 10% as Cost is defined in the General Conditions.
This proposal and offer and all pricing and schedules contained herein are contingent on satisfaction of all of the following conditions:
A binding Agreement must be issued by the City of Modesto and accepted by Envirogen within 30 calendar days of the date first above written. An agreement number will be issued by the City of Modesto, and any request for materials, parts, service, equipment and salt will be made utilizing this agreement number. Envirogen's General Conditions for the Sale of Products and Services by Envirogen Technologies Inc. (ETIGC #EQSVC Rev 1), attached hereto as Attachment A, must be accepted by the City of Modesto and made a part of the Order.
This Proposal/Offer and its attachment must be attached to or incorporated by reference in the City of Modesto's Order.
Terms of payment for all invoices issued associated with this proposal are Net 45 days, following invoice date.
We appreciate the opportunity to serve the City of Modesto and look forward to completing the purchasing process to expand the ongoing services that we are providing to the City.
Sincerely,
Scott Gomarko
Field Service Director, West Region
[email protected]
CONDITIONS
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3 ATTACHMENT A
GENERAL CONDITIONS FOR THE SALE OF PRODUCTS AND SERVICES BY ENVIROGEN TECHNOLOGIES, INC.
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4 GENERAL CONDITIONS FOR THE SALE
OF PRODUCTS AND SERVICES BY ENVIROGEN TECHNOLOGIES, INC.
ETIGC #180131
The following General Conditions are and shall be an integral part of any Order to which these terms and conditions are attached and/or referenced. In no event shall any term or condition attached to or made part of any purchase order or other contract document issued by Customer, or any shipping document or other document associated with the services or Products described in the Order to which these General Conditions apply have any controlling effect whatsoever unless specifically adopted in writing by an authorized representative of both Envirogen Technologies, Inc. (“Envirogen”) and Customer.
1. Definitions. Throughout these General Conditions or any Order or other document to which they apply, the following words and phrases, when printed with the initial letter capitalized (unless shown below without capitalization), shall have the meanings ascribed to them below, unless the context requires otherwise:
“Cost” shall mean all expenses incurred by Envirogen for materials, supplies, energy, regulatory permitting, labor, outside contractors and professionals, transportation, supervision, excise, sales and similar taxes. For all purchases of materials, supplies and services, “Costs” shall include an additional ten percent (10%) of the direct expense to reimburse Envirogen for purchasing and accounting activities. Labor charges for Envirogen’s personnel will be at rates shown in any Order or attachment, exhibit or schedule incorporated therein. In the absence of any such specification of rate(s), labor charges for Envirogen’s personnel will be at the individual’s hourly wage rate (or equivalent) plus forty percent (40%) for employee and group benefits and employee taxes. “Customer” shall mean the person or entity purchasing Products or services from Envirogen. “Day” or “day” shall mean a calendar day unless otherwise indicated. “Party” or “Parties” shall mean either Envirogen or Customer or both. “Products” shall mean products, equipment, parts, goods, media or materials meeting the description or specifications set forth in the Order.
“Order” shall mean any purchase order, work order, change order, letter agreement or similar contract document issued by Customer and accepted in writing by Envirogen or issued by Envirogen and accepted in writing by Customer which either references or attaches these General Conditions and/or all attachments, amendments or any ancillary documents to any such contract document. “Owner” shall mean the ultimate end user of the Product or service where the end user if not the Customer. Normally this would occur where the Customer is a prime contractor and Envirogen is a subcontractor.
In addition to the definitions set forth above, embedded within these General Conditions or any Order, there may be additional defined terms which are designated as such in a parenthetical and highlighted with quotation marks.
2. Cooperation of Customer. To assist Envirogen in providing Products and/or performing services, Customer shall (i) provide Envirogen with all relevant material, data, and information in its possession pertaining to the specific project or activity, (ii) consult with Envirogen when requested, (iii) permit Envirogen reasonable access to relevant Customer or Owner controlled sites, (iv) ensure reasonable cooperation of Customer’s employees and the Owner, and (v) unless a longer period is provided for in the Order, return all drawings or other documents submitted by Envirogen to Customer for review, comment and/or approval within a commercially reasonable time following submission not to exceed ten (10) business days. Any failure to return documents within the time prescribed shall be considered a waiver by Customer of its right to review and approve or comment on the documents.
3. Price, Costs and Payments.
3.1 Unless otherwise stated therein, the price(s) and charges for Products and/or services specified in any Order are exclusive of any sales, use, value added, excise, gross receipts, business and occupation or similar present or future taxes imposed by any governmental entity on the sale, delivery, use or other handling of the Product or service or in connection with any transactions contemplated by the Order to which these General Conditions apply. If any such taxes are incurred by Envirogen, Customer shall reimburse Envirogen the amount of such taxes.
3.2 Whenever rates or prices in any Order include transportation or when transportation is charged separately by Envirogen, such rates, prices or charges shall be exclusive of (i) material increases in the cost of transportation occasioned by significant increases in the costs of fuel or weather, road or access conditions which could not have been reasonably anticipated in advances of pricing the cost of transportation or (ii) any extraordinary or excess demurrage charges incurred by Envirogen from third party carriers which arise from delays or demurrage at the delivery point. Demurrage will be charged to Customer except to the extent such demurrage primarily results from the negligence or other fault on the part of Envirogen or its carrier.
3.3 Unless otherwise specifically indicated in the Order, all prices (or other values) in the Order are stated in U.S. dollars and all payments are to be made in U.S. dollars.
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5 3.4 Invoices may be provided to Customer, at the option of Envirogen, by mail, delivery service, electronic mail or fax and payments by Customer shall, at the election of Envirogen, be made by mail, overnight delivery service or electronic funds transfer. Customer shall provide Envirogen with contact information for delivery of invoices. Invoices shall be due and payable within thirty (30) days of receipt by Customer of the invoice. TIME IS OF THE ESSENCE for payment of all fees and charges. Interest on delinquent payments shall accrue until paid at the greater rate of (i) twelve percent (12%) per annum or (ii) the prime interest rate as quoted by the Wall Street Journal plus 500 basis points (adjusted on the first day of each calendar quarter.) In the event that the interest rate described above exceeds the maximum interest rate chargeable under law for such transactions, such maximum legal rate shall apply.
3.5 Should any portion of an Envirogen invoice be disputed by Customer, Customer will pay the undisputed portion and within the payment period prescribed above shall provide Envirogen with written notice of the disputed portion of the invoice and the reasons for the dispute. In no event shall Customer withhold payment of any undisputed portion of an Envirogen invoice based on the set-off of a Customer claim against Envirogen or as a back-charge for monies claimed to be owed Customer by Envirogen. At the request of Customer, Envirogen shall provide Customer with a written partial release of statutory liens utilizing Envirogen’s standard form which shall be conditioned on actual receipt of payment of a particular invoice.
3.6 Envirogen may, from time to time, establish such credit terms as it shall, in the sole judgment of Envirogen, deem reasonably necessary, including, but not limited to, credit limits.
3.7 In the event that Envirogen should incur Costs, including, but not limited to, attorney’s fees and collection agency fees, to collect overdue invoices and accounts, Customer shall reimburse Envirogen for all such reasonable Costs whether or not litigation has been initiated to collect the overdue account.
3.8 When fees or charges are based in whole or in part on a reimbursement by Customer of Envirogen’s actual costs, with or without a mark-up, such costs shall be determined at the time of invoicing whether or not the cost has already been paid by Envirogen or has, as of that time, accrued as an expense for purposes of accounting. Any future rebate or credit to Envirogen which may be associated either directly or indirectly with the cost or expense, shall not give rise to a similar rebate or credit from Envirogen to Customer.
4. Delivery and Risk of Loss.
4.1 Except as otherwise set forth in the Order, delivery of Product shall be DAP work/installation site (Incoterms 2010).
4.2 Except as otherwise set forth in the Order, Customer agrees to take delivery of Product upon notice from Envirogen that the Product is ready for delivery. If for any reason Customer is either unable or unwilling to accept delivery, Customer shall be responsible to pay or reimburse Envirogen for all additional Costs incurred for storage, insurance and/or transportation.
4.3 Title to and risk of loss with respect to Products shall pass from Envirogen to Customer at the time the Product is delivered to Customer. Product shall be deemed to be delivered when the Product has been loaded to Purchaser’s Customer’s carrier or if delivered by Envirogen to Customer’s or Owner’s work site, upon arrival at the work site. (See Section 4.1) Offloading from the Envirogen carrier is the responsibility of Customer. Damages to the Product incurred during offloading shall be the responsibility of Customer. To qualify for a credit, any shortage or damages (other than those incurred after delivery DAP) to the Product shall be reported in writing to Envirogen by Customer within five (5) business days of the date of delivery of the Product.
5. Force Majeure. If Envirogen is rendered unable to perform its obligations under the Order by an event beyond the reasonable control of Envirogen, Envirogen shall not be liable to Customer for failure or delay in such performance to the extent that the failure or delay is due to such force majeure event. Force majeure events shall include, but shall not be limited to, war (whether declared or undeclared), fire, flood, lightning, earthquake, hurricane, storm or any other act of God; strikes, lockouts or other labor difficulties; civil disturbances, riots, sabotage, accident not involving fault on the part of Envirogen or explosion; inability to secure necessary fuel, power, equipment, transportation or raw materials and/or any other reason beyond the reasonable control of Envirogen.
6. Warranties. The following warranties are in addition to any other warranties specifically set forth in the Order:
6.1 Products. Envirogen warrants to Customer that (i) Envirogen will have title to all Products delivered to Customer, free and clear of all liens, encumbrances and security interests, and (ii) that all Product will conform at the time of delivery to the written mechanical product description and/or specifications set forth or otherwise referenced in the Order. In the event of a failure by Envirogen to materially meet the terms of the warranty set forth in this Subsection 6.1, Envirogen, at its own expense, shall remove the defective, non-conforming product and replace it with a like quantity of conforming Product meeting the description or specifications.
6.2 Equipment, Parts and Goods. Except as otherwise provided for in the Order, Envirogen warrants as follows:
A. Equipment and systems which are the subject of the Order shall, when constructed, installed, used, maintained and operated in strict compliance with the plans, specifications and instructions of Envirogen, meet the performance criteria specifically set forth in the Order during the performance testing period described therein.
B. At the time of delivery, equipment and parts will be free from any and all material defects which would reasonably interfere with their use by Customer. In the event such defect is reported to Envirogen within twelve (12) months from date of installation of the equipment or part or within fourteen (14) months following delivery by Envirogen, whichever comes first, Envirogen will repair or #11..
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6 replace the defective component without charge.
6.3 Services. Envirogen warrants as follows:
A. In providing services under the Order, Envirogen will comply with all federal, state and local laws.
B. The services to be provided by Envirogen shall be performed utilizing the same generally accepted standards of due diligence, skill, reasonable care and safety ordinarily employed by service providers similarly situated in the same geographic region and at the same time.
C. All Envirogen personnel engaged in providing the services pursuant to the Order (i) shall be appropriately supervised by qualified persons in Envirogen’s employ, (ii) shall be appropriately skilled to perform the work to which they are assigned, and (iii) shall have met appropriate licensing and certification requirements of the state in which the service is to be provided.
6.4 Media and Resins. Unless otherwise set forth in the Order, Envirogen warrants that media supplied by Envirogen meets or exceeds Envirogen’s specifications for the media and manufacturer’s specifications for the media at the time of shipment.
6.5 Patents. Envirogen warrants that neither its Products nor its services shall infringe upon any patent(s) or copyright(s), or misappropriate or misuse trade secret(s) or other confidential information unless such Product or service is provided in compliance with Customer provided specifications. In the event of a default under this patent and intellectual property warranty, upon notice of the default by Customer, Envirogen shall obtain on behalf of Customer such releases, licenses or other appropriate authorizations as shall be necessary to prevent the infringement.
6.6 ENVIROGEN MAKES NO WARRANTY, EXPRESSED OR IMPLIED, PURSUANT TO THESE GENERAL CONDITIONS, THE ORDER OR
OTHERWISE OTHER THAN AS IS SPECIFICALLY SET FORTH IN THIS WARRANTIES PARAGRAPH AND THE ORDER AND NONE SHALL BE IMPLIED. THE WARRANTIES AND ANY REMEDIES SET FORTH IN THIS WARRANTIES PARAGRAPH AND/OR THE ORDER ARE EXCLUSIVE.
THE WARRANTIES ARE GIVEN AND ACCEPTED BY CUSTOMER IN LIEU OF ANY AND ALL OTHER WARRANTIES, WHETHER EXPRESSED
OR IMPLIED, INCLUDING WITHOUT LIMITATION ALL WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, ALL SUCH WARRANTIES BEING HEREBY EXPRESSLY DISCLAIMED BY ENVIROGEN AND WAIVED BY CUSTOMER. ANY
REMEDIES PROVIDED FOR IN THIS WARRANTIES PARAGRAPH AND OR THE ORDER ARE IN LIEU OF ALL OTHER REMEDIES AT LAW OR IN EQUITY FOR BREACH OF A WARRANTY.
6.7 Customer may assign Envirogen’s warranty obligations to the Owner without the consent of Envirogen and shall provide Envirogen with written notice of such an assignment.
7. Indemnification.
7.1 Each Party hereby agrees to defend, indemnify and hold the other Party and their respective partners, affiliates and subsidiaries, and their respective directors, officers, partners, members, employees and agents (collectively “Indemnified Parties”), harmless from and against any and all claims, liabilities, suits, proceedings, judgments, orders, fines, penalties, damages, losses, Costs and expenses (including, without limitation, costs of defense, settlement and reasonable attorneys’ fees and expenses) (all of the foregoing herein collectively called “Liabilities”), arising out of (i) the indemnifying Party’s negligence or willful misconduct; and, (ii) failure of the indemnifying Party or any of its employees or agents to observe or comply with any of the indemnifying Party’s duties or obligations under these General Conditions or the Order, including, without limiting the generality of the foregoing, any failure to observe or comply with any applicable laws, ordinances, codes, orders, rules or regulations; violation or breach of any provision in these General Conditions or the Order including, but not limited to, any warranty for which a remedy is not specified. The foregoing obligations of indemnity will include, but not be limited to, any and all Liabilities for or relating to (i) injury to or death of any person (including, without limitation, employees or agents of the Parties), (ii) damage to or loss or destruction of any property (including, without limitation, property of the Parties, or their respective employees or agents), and (iii) any spill, release or leak of any hazardous substance or waste or any contamination of, injury or damage to or adverse effect on the environment. The indemnifying Party shall be liable, however, only for that percentage of total Liabilities that corresponds to the indemnifying Party’s percentage of total negligence or fault as compared to that of the indemnified Party.
7.2 Neither Party shall have any liability to the other Party for any indirect, incidental, aggravated, exemplary, punitive, or consequential damages incurred by the other Party, whether brought on an action for breach of contract, breach of warranty, tort, strict liability, or otherwise and irrespective of whether caused or allegedly caused by either Party’s negligence or willful misconduct and none shall be awarded by any tribunal against a Party hereto in favor of a Party hereto; provided, however, that the limitations on liability contained in this Section 7.2 shall not apply to damages which are part of a third party claim for which a Party is claiming an indemnity obligation under this agreement from the other Party and the Party entitled to indemnity protection under this agreement is seeking an indemnity or other relief against the payment of such damages from the Party required to provide such indemnity or other relief. Anything in the Order or these General Conditions notwithstanding, any liability of Envirogen under the Order shall not exceed $1,000,000.
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7 8. Confidential Information.
8.1 Customer agrees that all information related to Envirogen’s systems, services, Products, methods, procedures, techniques, and equipment (“Confidential Information”) is and shall remain Envirogen’s exclusive proprietary and confidential information, know-how and property. Customer agrees to use Confidential Information solely for the purposes set forth in the Order. Customer agrees to keep Confidential Information confidential in accordance with the provisions of Section 8.2, and Customer shall not disclose, use or exploit for its benefit or the benefit of any third-party Confidential Information other than in furtherance of the purpose of the Order.
Customer shall not reverse engineer, disassemble, chemically or biologically analyze or decompile any Product or other tangible objects which embody Envirogen’s Confidential Information.
8.2 Disclosure of Confidential Information may be in tangible form, by electronic media, by visual display or inspection or it may be provided orally. Confidential Information need not be marked “confidential”, “secret” or the like. Customer shall not use or disclose Confidential Information for any purpose other than as specified in the Order. Customer will use at least the same degree of care to avoid disclosure or unauthorized use of Confidential Information as Customer uses with respect to its own confidential information, but in no event less than a reasonable standard of care. Customer shall require in writing that the Owner agree to be contractually bound to Envirogen by the provisions of this Section 8. Envirogen may seek injunctive relief to enforce its rights under this Section without any requirement of proving irreparable injury. Confidential Information does not include the following: (a) information which prior to receipt by Customer was either generally available to the public or in Customer `s possession free of any restrictions on its use or disclosure from a source other than Envirogen; or (b) information which after the receipt thereof by the Purchaser either becomes available to the public through no fault of Customer or is acquired by Customer from a third-party who has the legal right to transfer the information to Customer; or (c) information required to be disclosed by Customer pursuant to law but only after reasonable notice of the requirement of disclosure is provided to Envirogen.
9. Termination for Convenience. If the Order provides that the Customer may terminate the Order for its convenience and without cause, such termination shall be accomplished by written notice from the Customer to Envirogen. Upon such a termination for convenience, Customer shall pay Envirogen (i) for all Products and services delivered prior to the date of termination, and (ii) any and all Costs incurred by Envirogen prior the date of Termination incurred by Envirogen in the engineering, design, production, acquisition, transportation or otherwise for any Product or service as yet undelivered and (iii) all reasonable Costs associated with the demobilization of Envirogen following the termination.
10. Insurance. Envirogen 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 Customer as may be required by the Risk Manager of the Customer. The policies or certificates thereof shall provide that, thirty (30) days prior to cancellation or material change in the policy, notices of same shall be given to the Risk Manager of the Customer, 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, ENVIROGEN 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 nonpayment 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 with 5 business days of receipt of such notice. The ENVIROGEN 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.
Coverage Policy Limits
Workers’ Compensation Statutory
Employer’s Liability Insurance $1,000,000 per accident or disease Commercial General Liability $1,000,000 per occurrence and including contractual liability; and $1,000,000 in the aggregate
Automobile Liability Policy $1,000,000 per occurrence (including owned, non-owned, and hired vehicles) non-owned, and hired vehicles)
If at any time any of said policies shall be unsatisfactory to the Customer, as to form or substance, or if a company issuing such policy shall be unsatisfactory to the Customer, ENVIROGEN shall promptly obtain a new policy, submit the same to the Risk Management via PINS for approval and submit a certificate thereof as herein above provided. Upon failure of ENVIROGEN to furnish, deliver or maintain such insurance and certificates as above provided, this Agreement, at the election of the Customer, may be forthwith declared suspended or terminated. Failure of ENVIROGEN to obtain and/or maintain any required insurance shall not relieve ENVIROGEN from #11..
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8 any liability under this Agreement, nor shall the insurance requirements be construed to conflict with or otherwise limit the obligations of ENVIROGEN concerning indemnification. The Customer, its agents, officers, employees, and volunteers shall be named as an additional insured on all insurance policies required herein, except Workers’ Compensation. The Workers’ Compensation insurer shall agree to waive all rights of subrogation against Customer, its agents, officers, employees, and volunteers for losses arising from work performed by ENVIROGEN for Customer. ENVIROGEN’s insurance policy(es) shall include a provision that the coverage is primary as respects Customer; shall include no special limitation 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 of the Customer. ENVIROGEN must deliver certificates evidencing existence of the insurance listed above to the Customer prior to the time the contract is signed.
ENVIROGEN shall provide Customer with separate endorsements evidencing proof of the Customer’s additional insured status as to both the general liability and automobile liability insurance policies. In addition, ENVIROGEN shall provide Customer with a Workers’ Compensation subrogation waiver by way of a separate endorsement. All endorsements reference above must include the applicable policy number.
For any claims related to this project, ENVIROGEN’s insurance coverage shall be primary insurance as respects the Customer, its officers, officials, employees, and volunteers. If ENVIROGEN maintains higher limits than the minimum shown above, the Customer requires and shall be entitled to coverage for the higher limits maintained by ENVIROGEN. Any insurance or self-insurance maintained by the Customer, its officers, officials, employees, or volunteers shall be excess of ENVIROGEN’s insurance and shall not contribute with it.
11. Miscellaneous Provisions.
11.1 For all purposes of the Order, Envirogen is and shall remain an independent contractor. There are no intended third-party beneficiaries to these General Conditions or the Order and nothing in this Contract will entitle any person other than Envirogen or Customer to any claim, cause of action, remedy or right of any kind under the Order.
11.2 Customer agrees that during the term of the Order and for a period of twelve (12) months thereafter, Customer will not, directly or indirectly, solicit, request or otherwise induce any Envirogen employee or personnel to terminate his or her employment with Envirogen if such employee has been materially engaged in providing Product or services to Customer under the Order. Nothing herein shall be construed to prohibit the hiring of Envirogen employees who have responded without any direct inducement by Customer to publicly available employment advertisements by Customer.
11.3 Those provisions of these General Conditions or the Order which by their nature are intended to survive the termination, cancellation, completion or expiration of these general conditions or the Order to which they apply shall continue as valid and enforceable obligations of the Parties, notwithstanding any such termination, cancellation, completion or expiration. Such provisions include, but are not limited to, provisions concerning warranties, indemnifications and confidentiality.
11.4 The validity, interpretation and performance of these General Conditions shall be governed exclusively in accordance with and by the laws of the State of California
11.5 In the event of any dispute between the parties arising under these General Conditions or the Order, the parties agree that (i) the civil courts in and for the County of Stanislaus, State of California, shall have exclusive jurisdiction and venue to determine such dispute(s) and each party hereby waives any objection to such jurisdiction and venue in any such court and any claim that such forum is an inconvenient forum and (ii) the prevailing Party shall be awarded its costs of suit, including reasonable attorney's fees.
11.6 The Order and these General Conditions set forth the entire agreement of the Parties regarding the services and Products described in the Order and supersede all prior discussions and agreements of the Parties, whether written or verbal other than prior confidentiality or non-disclosure agreements between Customer and Envirogen. The Order and these General Conditions may not be modified, amended, rescinded, canceled or waived in whole or in part by amendment or change order, except by written instrument, signed by both Parties, which makes specific reference to the Order and which specifies that the Order or these General Conditions are being amended, modified or otherwise altered. All change orders shall make specific reference to the Order and shall be signed by both Parties. All change orders shall indicate any modifications or amendment to the pricing or delivery schedule resulting from the change in scope. Any request by Customer to either accelerate or delay a deliverable date described in the Order for any reason shall require a mutually acceptable change order pursuant to this Section. Such change order shall include the new schedule of deliverable due date(s) and any price adjustment occasioned by the change in schedule.
11.7 Any waiver by either Party of any provision or condition of the Order or these General Conditions shall not be construed or deemed to be a waiver of any other provision or condition of the Order or these General Conditions, nor a waiver of any subsequent breach of the same provision or condition.
11.8 If any section, subsection, paragraph, clause or sentence of the Order or these General Conditions shall be adjudged illegal, invalid or unenforceable, such event shall not affect the legality, validity or enforceability of the remaining portions of the Order and these General Conditions as a whole or any portion thereof. #11..
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9 11.9 The covenants and agreements contained herein shall be binding on and inure to the benefit of the Parties hereto and their respective successors and assigns.
11.10 The Order (or any amendment) may be executed in two or more identical counterparts, each of which shall be deemed to be an original and all of which taken together shall be deemed to constitute the Order when a duly authorized representative of each Party has signed a counterpart. Photographic, facsimiled and scanned copies of such executed counterparts may be used in lieu of the originals for any purpose.
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10 ATTACHMENT B
Envirogen 2021 Labor Rates
Category Job Function/Representative Titles Commercial Rate A Administrative Assistant
Buyer I Buyer II Laborer/Helper
$84
B
Laboratory Services Water/Wastewater
Operator I/II Technician -
Electrical/Mechanical $96
C
Electrician Helper
Mechanic
Operator – Equipment
$108
D
Water/Wastewater Operator II/III Water/Wastewater
Operator III/IV
Sr. Environmental Technician/Operator Site
Supervisor/Plant Manager
Sr. Mechanic
Field Service Technician
$156
E
Designer
Instrumentation Specialist Construction
Manager
$144
F Licensed Electrician $150
G
Project Manager
Process Engineer
Project Engineer
Project Manager II
Operations Manager
$200
H
Senior Process Engineer
Senior Project Engineer
Senior Project Manager
Geotechnical Engineer
$216
I
Director of Engineering
Director of Process Engineering
Environmental Consultant
$234
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11 Envirogen Technologies reserves the right to modify labor rates at any time.
Labor rates for travel to and from job site are billed at 75% of the on-site rates listed.
Rates are subject to a 50% surcharge for expert testimony and other special services. Client- approved overtime is billed at 1.5 times the hourly billing rate.
Expenses for other services, equipment and materials are billed at hourly, daily, or monthly rates, or unit prices, whichever are applicable. Rate schedules are adjusted annually. Schedules are available upon request.
Straight Time Remote Support (via telephone, email or production of written documentation will be billed at the prevailing standard hourly rates.
Reimbursable Expenses
Reimbursable expenses are in addition to compensation for services. These expenses include, but are not limited to, expenses incurred by Envirogen Technologies and Envirogen Technologies’ employees and consultants in the interest of this project and as outlined below. Unless otherwise agreed to in writing, expenses will be billed at cost plus10%.
1. Authorized outside professional consulting services.
2. Transportation expenses for authorized out-of-town travel.
3. Expenses for reproductions and copies.
4. Postage or express deliveries; shipping.
5. Long distance communications.
6. Purchased or rented supplies, equipment and/or tools required to perform the project.
7. Electronic and facsimile transmissions.
8. Handling of drawings, specifications, and other documents.
Envirogen Technologies Equipment Rental
Rental charges for pilot and other equipment owned by Envirogen Technologies will be billed according to agreed-upon rates. These rates are not subject to the charge outlined above. #11..
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12 IN WITNESS WHEREOF, the CITY OF MODESTO, a municipal corporation, has authorized the execution of this agreement in duplicate by its City Manager and attested 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 Envirogen Technologies has caused this Agreement to be duly executed. #11..
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CITY OF MODESTO
COUNCIL AGENDA REPORT
DATE OF MEETING:
June 28, 2022
Date: May 27, 2022
TO: Mayor and City Council
THROUGH: Joseph P. Lopez, City Manager
FROM: William Wong, Director of Utilities
SUBJECT: Reject Bids for La Loma Phase 2C Strengthen & Replace Water Mains Project CONTACT: Robert Davalos, Acting Engineering Division Manager, [email protected], (209) 571-5175
DESCRIPTION:
Consider rejecting all bids for the La Loma – Phase 2C Strengthen & Replace Water Mains Project and authorizing staff to re-advertise the project for bids at a future date. (Funding Source: Water Fund)
STRATEGIC PLAN ELEMENT:
The recommended action supports the 2020-2025 City’s Strategic Plan Initiatives, Goal D:
Provide safe, efficient, and reliable infrastructure through proactive community investment, maintenance and sustainability efforts.
BACKGROUND:
This project is one of the many prioritized areas within the City’s water service area that require replacement of current, aging water infrastructure. As approved by Council, the scope of this Capital Improvement Program Project includes replacing and upgrading deficient water mains and associated water valves, services and fire hydrants to increase service reliability, flows and pressures.
During the preliminary design of the La Loma Phase 2 Strengthen and Replace Water Mains Project, the project approach was refined due to staff workload and prioritization of the worst areas with higher calls for leak repairs and water pressure issues. In an effort to replace the worst sections of infrastructure first while ensuring the competitive prices for this work, Phase 2 was separated into 3 sub-phases plus a previously, unidentified fourth area in the La Loma neighborhood.
The La Loma Phase 2C Strengthen & Replace Water Mains project will replace and upgrade over 26,000 linear feet of deficient water mains, associated water valves, services and fire hydrants to increase service reliability, flows, and pressures. The project area is bounded by San Juan Drive on the East, Rowland Avenue on the West, Encina Avenue on the North, and Yosemite Boulevard on the South.
#12..
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City Council, June 28, 2022
Reject Bids for La Loma Phase 2C Strengthen & Replace Water Mains Project
DISCUSSION:
The project was advertised for bids on January 4, 2022. Bids were publicly opened on February 1, 2022, pursuant to City Charter Section 1307.
The bid analysis is:
Number of bids received 3
Number of bids within 10% of engineer’s estimate 3
Number of bids above the engineer’s estimate 0
Number of bids below the engineer’s estimate 1
Percent low bid is below the engineer’s estimate 5.34%
The lowest bid was 5.34% below the engineer’s estimate and the next bid was 5.17% below the engineer’s estimate and only received one bid. There were no bidders that were considered local.
During bidding it was determined by staff that within the project limits there are segments of sewer main that need upsizing. CCTV inspection confirmed that some are at the point of failure.
The affected sewer mains currently lie within the alley that share space with existing water mains, gas mains and communication lines. To minimize disruption to the La Loma Neighborhood to repair and upsize the sewer mains at a later time, it was determined that it is in the best interest of the project to expand the project limits and include the repairs as a part of the La Loma Phase 2C Strengthen & Replace Water Main Project. Addressing the sewer mains as a part of the La Loma Phase 2C project will allow for economy of scale and less disruption to the public. Rejecting the bids will allow staff to provide an opportunity to re-evaluate costs and fine tune any specifications related to the additional scope. Additionally, the rejection of bids will give the opportunity for local firms to bid on the project.
Staff is requesting Council to reject all bids, allowing staff to revise the project scope to expand the project limits which provides an opportunity for coordination of water & sewer main improvements. In accordance with Modesto Municipal Code Sec. 8-3.204(a), Formal Bid Procedures, the Council shall have the authority to accept or reject any or all bids. The rejection of all bids for the La Loma Phase 2C Strengthen & Replace Water Mains Project, conforms to Modesto Municipal Code 8-3.204, subsection (e).
If approved, staff anticipates the re-advertisement of the project in late Summer 2022 with the expectation that the City will receive multiple competitive bids comparative to the engineer’s estimate. Staff expects construction of this project to begin in late 2022.
Due to the overall size of the La Loma Phase 2C Strengthen & Replace Water Mains Project, with respect to neighborhood area and anticipated coordination efforts with property owners, and the amount of time for the completion of this project, staff recommends utilizing consultants to provide Construction Management, Inspections, Materials Testing and Public Outreach services for the anticipated 12-month construction period. Additionally, due to limited staffing resources and current workload, consultant assistance is necessary for proper project coverage and construction oversight.
Staff will follow the selection process as outlined In the City’s policy, Administrative Directive
3.1, Selection Procedures for Professional Consultants Who Provide Architectural and Engineering Services for Capital Projects. It’s anticipated that award of the Construction #12..
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City Council, June 28, 2022
Reject Bids for La Loma Phase 2C Strengthen & Replace Water Mains Project
Management firm will take place at the time of award of a Construction Agreement for the La Loma Phase 2C Strengthen & Replace Project.
FISCAL IMPACT:
CIP ACCOUNT:
If Council approves rejecting all bids, the additional expenses to re-bid the project will be approximately $10,000 which includes modifications to the plans and specifications, advertising and bidding the project, selling of plans and specifications, answering requests for information, and processing the item through to award of the construction contract for the project.
Funding for the construction, contingency, administration, and City staff design support, will be budgeted in the current FY 21-22 Waste Fund budget in account:
101057 – UTL.Water Engineering Design “La Loma Phase 2C S&R Mains” ANTICIPATED CONSTRUCTION EXPENDITURES:
Construction Contract $8,607,015
Construction Management Services $1,000,000
Construction Contingency (1%) $86,070
Construction Administration – City Staff (10%) $860,702 Engineering Design Support During Construction – City Staff (4%) $344,281 *TOTAL ANTICIPATED CONSTRUCTION EXPENDITURES: $10,898,068 COMMITTEE RECOMMENDATION:
There has been no Committee action taken on this item.
CEQA/NEPA REQUIREMENTS:
Environmental review has been provided through a Categorical Exemption under CEQA Section 15301 Class 1, item (b)(c); 15303 (d).
RECOMMENDED COUNCIL ACTION:
Staff Recommendations:
Resolution rejecting all bids for the La Loma Phase 2C Strengthen & Replace Project and authorizing staff to re-advertise the project for bids at a future date.
Approved by:
William Wong, Director of Utilities
Joseph P. Lopez, City Manager
Attachment:
1. Resolution
#12..
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1 2022-
MODESTO CITY COUNCIL
RESOLUTION NO. 2022-
RESOLUTION REJECTING ALL BIDS FOR THE LA LOMA PHASE 2C
STRENGTHEN & REPLACE WATER MAINS PROJECT AND AUTHORIZING
STAFF TO RE-ADVERTISE THE PROJECT FOR BIDS AT A FUTURE DATE WHEREAS, the bids were publicly opened on February 4, 2022, pursuant to City Charter Section 1307, and four bids were received; and
WHEREAS, staff has identified segments of sewer main that are failing and need upsizing within the project limits; and
WHEREAS, Utilities Department staff has determined that addressing the sewer main as part of the La Loma Phase 2C Strengthen & Replace Water Mains Project will minimize disruption to the community by upsizing both the water and sewer mains at the same time; and
WHEREAS, the Utilities department staff determined that it would be in the best interest of the City to reject all bids and re-advertise the project to address the undersized and failing sewer mains, providing for economy of scale and minimizing disruption to the public.
NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Modesto that it hereby rejects all bids received for the La Loma Phase 2C Strengthen & Replace Water Mains Project.
BE IT FURTHER RESOLVED that staff is hereby authorized to re-advertise the project.
#12..
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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 28th 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,
CMC, City Clerk
(SEAL)
APPROVED AS TO FORM:
By:
JOSE M. SANCHEZ, City Attorney
#12..
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CITY OF MODESTO
COUNCIL AGENDA REPORT
DATE OF MEETING:
June 28, 2022
Date: June 6, 2022
TO: Mayor & City Council
THROUGH: Joseph P. Lopez, City Manager
FROM: Jaylen French, Director of Community and Economic Development SUBJECT: Fiscal Year 2022-23 Annual Assessment for Landscape Maintenance Assessment District No. 1 for Dry Creek Meadows Subdivisions Nos. 1-6 CONTACT: Jessica Hill, Community Development Manager,
[email protected], 209-577-5211
DESCRIPTION:
Hearing to consider approving the Fiscal Year 2022-23 diagram and annual assessment, and ordering the levy and collection of charges within Landscape Maintenance Assessment District No. 1 for Dry Creek Meadows Subdivisions Nos. 1-6. (Funding Source: Landscape Maintenance Assessment District No. 1)
STRATEGIC PLAN COMMITMENT:
The recommended action supports the City of Modesto’s 2020-2025 Strategic Plan, Goal D to provide safe, efficient, and reliable infrastructure through proactive community investment, maintenance and sustainability efforts.
BACKGROUND:
Landscape Maintenance Assessment District No. 1 (LMAD No. 1) was formed on December 12, 1988, in accordance with California Streets and Highways Code Sections 22500 through 22679, more commonly known as the Landscape and Lighting Act of 1972 (the Act). LMAD No. 1 provides funding for the landscape maintenance in the public right-of way within street medians and areas adjacent to the concrete block walls in Dry Creek Subdivisions Nos. 1 through 6.
LMAD No. 1 is located east of North McClure Road and southwest of Modesto Irrigation District Lateral No. 2 and Claus Road. A boundary map is provided as Attachment 2.
Section 22620 et. seq. of the Act requires the legislative body (the Council) to take the following actions prior to August 10th of each year:
1. Adopt a resolution which generally describes any proposed new improvements or any substantial changes in existing improvements and orders the preparation and filing of the #13..
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City Council, June 28, 2022
Fiscal Year 2022-23 Annual Assessment for Landscape Maintenance Assessment District No. 1 for Dry Creek Meadows Subdivisions Nos. 1-6
report (Annual Engineer’s Report). This action was taken by Council on February 8, 2022 by Resolution 2022-80.
2. Adopt a resolution approving the Engineer’s Annual Report as submitted or as modified by the legislative body. This action was taken by Council on April 12, 2022 by Resolution No. 2022-182.
3. Adopt a resolution of intention to levy and collect assessments within the assessment district for the fiscal year. This action was taken by Council on April 12, 2022 by Resolution No. 2022-182.
4. Conduct a public hearing.
5. Adopt a resolution confirming the diagram and assessment as originally proposed or as changed by the legislative body.
DISCUSSION:
When LMAD No. 1 was formed, no annual escalator was adopted. Annual assessments in LMAD No. 1 have remained the same since 1988. No new improvements or substantial changes to the existing improvements are being proposed.
The City Clerk gave notice of tonight’s public hearing by publishing the appropriate notice in the Modesto Bee on June 17, 2022. All interested persons will be afforded an opportunity to be heard during the public hearing. Should there be any protests, whether written or oral, the Council may choose to continue the hearing to a later date, may change any part of the Engineer’s Annual Report to address the concerns of the property owner(s), or may adopt the assessment as proposed.
FISCAL IMPACT:
In Fiscal Year 2021-22, $19,474 was levied within LMAD No. 1, while its projected expenses are $18,142.
The projected expenses for Fiscal Year 2022-23 are $18,477, while the projected revenue is $19,474. The excess revenue is deposited into a reserve fund for LMAD No. 1. The expenses include contracted maintenance expenses, utility service charges, and City staff time associated with administration and maintenance of LMAD No. 1. It is the expectation that all expenses for LMAD No. 1 will be paid by the assessments levied on properties within LMAD No. 1. All singlefamily residential parcels are levied at a flat rate of $26.00 per parcel. The annual assessments levied are calculated by multiplying the total number of parcels by the flat rate. Each parcel receives equal benefits from the District.
The Stanislaus County Auditor-Controller’s Office, Property Taxes and Assessments Division, collects a $0.20 fee per assessment and per parcel. This fee is built into the annual assessment being levied for LMAD No. 1.
COMMITTEE RECOMMENDATION:
This item is an annual report, and was not presented to a Council Committee. #13..
- 416 -
City Council, June 28, 2022
Fiscal Year 2022-23 Annual Assessment for Landscape Maintenance Assessment District No. 1 for Dry Creek Meadows Subdivisions Nos. 1-6
RECOMMENDED COUNCIL ACTION:
Staff Recommendations:
Resolution approving the Fiscal Year 2022-23 diagram and annual assessment, and ordering the levy and collection of charges within Landscape Maintenance Assessment District No. 1 for Dry Creek Meadows Subdivisions Nos. 1-6.
Approved by:
Jaylen French,
Director of Community and Economic Development
Joseph P. Lopez, City Manager
Attachments:
1. Resolution
2. Boundary Map
3. 2022-23 Engineer’s Annual Report
#13..
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C&ED/Hill/06-28-22 1 2022-
MODESTO CITY COUNCIL
RESOLUTION NO. 2022-
RESOLUTION APPROVING THE FISCAL YEAR 2022-23 DIAGRAM AND
ANNUAL ASSESSMENT, AND ORDERING THE LEVY AND COLLECTION
OF CHARGES WITHIN LANDSCAPE MAINTENANCE ASSESSMENT
DISTRICT NO. 1 FOR DRY CREEK MEADOWS SUBDIVISIONS NOS. 1-6 WHEREAS, on April 12, 2022, by Resolution No. 2022-182, Council declared its intent to levy charges or assessments for the purpose of administering the maintenance of landscaping in the public right-of-way within the street medians and adjacent to the access control walls in Dry Creek Meadows Subdivisions Nos. 1-6 under the provisions of the California Streets and Highways Code Sections 22500 through 22679, more commonly known as the Landscape and Lighting Act of 1972, and WHEREAS, the charges against the real property are not levied with regard to property values but rather by the allocated cost shown within the Engineer’s Annual Report, and
WHEREAS, the amount of the assessment for FY 22-23 will not increase over the amount imposed for FY 21-22, and
WHEREAS, the City of Modesto has determined and certifies that the charges are either exempt from or in compliance with all the provisions of Proposition 218, which was passed by the voters in November 1996. The City of Modesto has further determined the charges are in compliance with all laws pertaining to the levy of such charges.
NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Modesto that it hereby orders the levy and collection of such charges as shown within the Engineer’s Annual Report within City of Modesto Landscape Maintenance Assessment #13..
- 418 -
C&ED/Hill/06-28-22 2 2022-
District No. 1 for Dry Creek Meadows Subdivisions Nos. 1-6 for Fiscal Year 2022-23, and in each subsequent fiscal year in which the charges may validly be levied.
BE IT FURTHER RESOLVED that a certified copy of this resolution and attached documentation shall be delivered to the Auditor-Controller of the County of Stanislaus for placement of such charges on the 2022-23 County Tax Roll, and in each subsequent fiscal year in which the charges may validly be levied.
BE IT FURTHER RESOLVED that the diagram of said assessment district, which is attached hereto, and amount of levy thereon is hereby confirmed.
The foregoing resolution was introduced at a regular meeting of the Council of the City of Modesto held on the 28th 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 votes:
AYES: Councilmembers
NOES: Councilmembers
ABSENT: Councilmembers
ATTEST: ____________________________
DIANE NAYARES-PEREZ, CMC,
City Clerk
(SEAL)
APPROVED AS TO FORM:
By: ____________________________________
JOSE M. SANCHEZ, City Attorney
#13..
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C&ED/Hill/06-28-22 3 2022-
#13..
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CLAUS RD
N MC CLURE RD
MECHALYS WY
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CLAUS RD
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N MC CLURE RD
CREEKWOOD DR
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ARDIA AVE
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ANSONVILLE LN
CARRBORO LN
MELBOURNE DR
SALINA DR
PARKSTON CT
SPINDALE DR
LEAVENWORTH WY
WILMONT LN
BATTLEBORO CT
CHADBURN CT
GARST RD
EDENTON WY
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PARSONS CT
GOODLAND CT
SUNBURY CT
MID LATERAL NO 2
Assessment District Diagram
Landscape Maintenance Assessment District No. 1
(Dry Creek Meadows Subdivisions No. 1 - 6)
250 125 0 250
Feet Date: 1/6/2022
Document Path: K:\Projects\Maintenance\Mxd\landscape-d1-20220106.mxd #13..
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Landscape Maintenance Assessment District No. 1
2022-2023 Engineer’s Annual Report Page 1
TABLE OF CONTENTS
SECTION TITLE
I. History
II. Annual Assessment Review & Summary
III. Financials – Annual Assessment Revenue & Expense Projections IV. Maintenance & Plan Specifications
V. Annual Assessment District Diagram
VI. Annual Assessments List by Parcel & Property Owner
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Landscape Maintenance Assessment District No. 1
2022-2023 Engineer’s Annual Report Page 2
SECTION I HISTORY
On December 12, 1988, Landscape Maintenance Assessment District No. 1 (“LMAD No. 1”) was formed in accordance with the Landscape and Lighting Act of 1972 (California Streets and Highway Code §22500 through §22679) (“the Act”), to administer the maintenance of landscaping in the public right-of-way within the street medians and adjacent to the access control walls in Dry Creek Meadows Subdivisions Nos. 1-6. All costs for the LMAD No. 1 are funded by the annual assessments levied on each property within the district. The Act requires several courses of action on the part of City staff and City Council prior to August 10th of each year.
The Act initially requires the City Council to order, prepare, and file an Engineer’s Annual Report for the City Council. This report is prepared for the purpose of detailing the plans and specifications for the maintenance of work, the estimated costs for landscape maintenance performed by City contractors, utility service charges, City street tree pruning costs, City staff time to administer the maintenance contract, and additional work to be performed by the City Contractor at the request of the City.
LMAD No. 1 is located east of North McClure Road and southwest of MID Lateral #2 and Claus Road. It is comprised of 749 single-family residential lots and three (3) public agency owned parcels. An annual assessment of $26 per single-family residential parcel has remained the same since 1996. The total assessment to be levied for LMAD No. 1 for Fiscal Year 2022-2023 is $19,474.
Upon the City Council’s approval of the Engineer’s Annual Report, the City Council adopts a resolution declaring its intent to levy and collect assessments within LMAD No. 1 for the following fiscal year and schedules a public hearing. This public hearing and proposed resolution levying the proposed assessments is in accordance with the annual assessment procedures.
Finally, in compliance with the Act, the City Council conducts the public hearing and adopts certain resolutions in accordance with the California Streets and Highways Code §22625 through §22641. The City Clerk is required to give the Modesto Bee notice of the public hearing no less than ten (10) days prior to the scheduled hearing date. All interested persons are afforded the opportunity to be heard during the public hearing. Should there be any protests, whether written or oral, the City Council may choose to continue the hearing to a later date and/or may change any part of the Engineer’s Annual Report to address the concerns of the property owner(s). The adopted resolution is then forwarded to the Auditor-Controller of the County of Stanislaus for placement of such charges on the upcoming year’s County Tax Roll. #13..
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Landscape Maintenance Assessment District No. 1
2022-2023 Engineer’s Annual Report Page 3
SECTION II ANNUAL ASSESSMENT REVIEW AND SUMMARY
A. PARCEL REVIEW
1. Single Family Residential Parcels:
There are 749 single-family residential parcels located within LMAD No. 1.
2. Multi-Family Residential Parcels:
There are no multi-family residential parcels located within LMAD No. 1.
3. Commercial/Industrial Parcels:
There are no commercial or industrial parcels located within LMAD No. 1.
4. Public Agency Parcels:
There are two (2) parcels owned by the City of Modesto (Creekwood Park and the Pedestrian Overcrossing at Claus Road) and one (1) parcel owned by the Empire School District (Bernard Hughes School). According to §22663 of the California Streets and Highways Code, public property owned by any public agency and in use in the performance of a public function shall not be subject to assessment.
B. 2022-2023 ANNUAL ASSESSMENTS
All single-family residential parcels are levied at a flat rate of $26.00 per parcel. Each parcel receives equal benefits from the District. The Stanislaus County AuditorController’s Office, Property Taxes and Assessments Division, collects a $0.20 fee per assessment and per parcel. This fee is built into the annual assessment being levied for LMAD No. 1. The annual assessments levied are calculated by multiplying the total number of parcels by the flat rate.
$ 26.00 Annual assessment per parcel
x 749 Single-family residential parcels
$ 19,474.00 Total annual assessment
C. COMPARISON TO PREVIOUS FISCAL YEAR
The proposed Fiscal Year 2022-2023 annual assessment is the same as the annual assessment for Fiscal Year 2021-2022 of $26.00 per single-family residential parcel. #13..
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Landscape Maintenance Assessment District No. 1
2022-2023 Engineer’s Annual Report Page 4
SECTION III FINANCIALS – ANNUAL ASSESSMENT REVENUE &
EXPENSE PROJECTIONS
LMAD No. 1 Fund 6480
Estimated
FY 2021-221
Proposed
FY 2022-232
Beginning Fund Balance $ 7,070 $ 8,410
Revenue (Cost Center 80010)
Special Assessments $ 11,083 3$ 19,324 4
Interest $ 8
Estimated - Special Assessments $ 8,391 5
Total Revenue $ 19,482 $ 19,324
Expenses (Cost Center 80010) Account
Operating Budget
Postage Expenses 52025 $ - $ -
Water Utility Expenses 53043 $ (3,225) $ (4,500)
Repair and Maintenance Services - Landscape 53165 $ (4,860) $ (8,687) Professional Services 53300 $ - $ (1,000)
Legal Services 53450 $ - $ (500)
Services City Forces - Interfund 54500 $ (1,368) $ (3,790) Estimated - Water Utility Expenses 53043 $ (1,275)
Estimated - Repair and Maintenance Services 53165 $ (5,730) Estimated - Professional Services 53300 $ (1,000)
Estimated - Legal Services 53450
Estimated - Services City Forces 54500 $ (684)
Total Expenses $ (18,142) $ (18,477)
Ending Fund Balance $ 8,410 $ 9,257
1 The final amount shows what has been expended as of 02.28.22 in FY22. There will be more expenses through the end of the fiscal year (June); these are shown as Estimated. 2 The estimated expenditures for FY 2022-23 are based on the revenue that is currently able to be generated within LMAD No. 1. 3 Actual revenue received for FY 2021-22 tax levy.
4 Proposed revenue
5 Estimated revenues for second installment of FY 2021-22 tax levy. #13..
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Landscape Maintenance Assessment District No. 1
2022-2023 Engineer’s Annual Report Page 5
SECTION IV MAINTENANCE & PLAN SPECIFICATIONS
Plans and specifications are available for review in the Public Works Department, located at 512 Jefferson Street, Modesto, CA. For more information, contact Kelly Gallagher, Parks Operations Manager at (209) 342-2270.
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Landscape Maintenance Assessment District No. 1
2022-2023 Engineer’s Annual Report Page 6
SECTION V ANNUAL ASSESSMENT DISTRICT DIAGRAM
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Landscape Maintenance Assessment District No. 1
2022-2023 Engineer’s Annual Report Page 7
SECTION VI ANNUAL ASSESSMENT LIST BY PARCEL & OWNER
Fee Parcel Owner Address City State Zip 2022-23 Ast.
079-002-001-000 MERCADO LISA M & RODOLFO 736 N MC CLURE RD Modesto CA 95357 $26.00 079-002-002-000 SOUMPHONPHAKDY YOUTHANA 732 N MC CLURE RD Modesto CA 95357 $26.00 079-002-003-000 SORDO BRYON S ET AL 728 N MC CLURE RD Modesto CA 95357 $26.00 079-002-004-000 PRASAD AJAY B & CHANDRA SAILESHNI D 724 N MC CLURE RD Modesto CA 95357 $26.00 079-002-005-000 LOPEZ JOSE M 720 N MC CLURE RD Modesto CA 95354 $26.00 079-002-006-000 YATES MICHAEL V & YATES CHRISTINE M 716 N MC CLURE RD Modesto CA 95357 $26.00 079-002-007-000 ALBANO FLORANTE J & ALBANO JUANITA T 712 N MC CLURE RD Modesto CA 95354 $26.00 079-002-008-000 GARCIA JOSE DE JESUS 708 N MC CLURE RD Modesto CA 95354 $26.00 079-002-009-000 ESPINOZA GABRIEL 704 N MC CLURE RD Modesto CA 95357 $26.00 079-002-010-000 LEON MARTHA 700 N MC CLURE RD Modesto CA 95357 $26.00 079-002-011-000 SAMRA AMARJIT S TR 701 REDFIELD AVE Modesto CA 95357 $26.00 079-002-012-000 BARRIENTOS DAVID & BARRIENTOS MARIA E 705 REDFIELD AVE Modesto CA 95357 $26.00 079-002-013-000 YOUNGMAN AARON B & LAUREN E 709 REDFIELD AVE Modesto CA 95357 $26.00 079-002-014-000 BATTAGLIA COREY J 713 REDFIELD AVE Modesto CA 95357 $26.00 079-002-015-000 BADAL EDWARD E & BADAL JANET E 717 REDFIELD AVE Modesto CA 95357 $26.00 079-002-016-000 NGUYEN THANG & DANG LIEN 721 REDFIELD AVE Modesto CA 95357 $26.00 079-002-017-000 SMITH ROBIN K & SMITH SUSAN R 725 REDFIELD AVE Modesto CA 95357 $26.00 079-002-018-000 WRIGHT JASON ET AL 729 REDFIELD AVE Modesto CA 95357 $26.00 079-002-019-000 VAZQUEZ MIRIAM S 733 REDFIELD AVE Modesto CA 95357 $26.00 079-002-020-000 CASEY MARY JOHN 737 REDFIELD AVE Modesto CA 95357 $26.00 079-002-021-000 PANYANOUVONG ROCKY P ET AL 3513 BATTLEBORO CT Modesto CA 95357 $26.00 079-002-022-000 JOHNSON VERDELL TR 3517 BATTLEBORO CT Modesto CA 95357 $26.00 079-002-023-000 VILLEGAS JOSEPH J 3521 BATTLEBORO CT Modesto CA 95357 $26.00 079-002-024-000 PLUNK NATALIE & ROBERT 3525 BATTLEBORO CT Modesto CA 95357 $26.00 079-002-025-000 HASKEL ALAN 3529 BATTLEBORO CT Modesto CA 95357 $26.00 079-002-028-000 ALVAREZ VICTOR R & CRISTINA TRS 3536 BATTLEBORO CT Modesto CA 95357 $26.00 079-002-029-000 HASKEL ROBERT 3532 BATTLEBORO CT Modesto CA 95357 $26.00 079-002-030-000 EMERY EVERETTE & SHONDA TRS 3528 BATTLEBORO CT Modesto CA 95357 $26.00 079-002-031-000 VILLALPANDO HERIBERTO & ROSA 3524 BATTLEBORO CT Modesto CA 95357 $26.00 079-002-032-000 NGUYEN HUY ET AL 3520 BATTLEBORO CT Modesto CA 95357 $26.00 079-002-033-000 PRASHAD RAJENDRA & SONI L 3516 BATTLEBORO CT Modesto CA 95357 $26.00 079-002-034-000 VO SANG 3512 BATTLEBORO CT Modesto CA 95357 $26.00 079-002-035-000 ALCAZAR ELISA C ET AL 3513 BERESFORD DR Modesto CA 95357 $26.00 079-002-036-000 CARREON JOSE & CECILIA 3517 BERESFORD DR Modesto CA 95357 $26.00 079-002-037-000 GOMEZ PATRICIA 3521 BERESFORD DR Modesto CA 95357 $26.00 079-002-038-000 COENEN KELVIN L & COENEN CHRISTINA P 3525 BERESFORD DR Modesto CA 95357 $26.00 079-002-039-000 BECERRA JUAN CARLOS RIVERA 3529 BERESFORD DR Modesto CA 95357 $26.00 079-002-040-000 CARSON SAMMY D & CARSON BRENDA S 713 PARKSTON CT Modesto CA 95357 $26.00 079-002-041-000 ALLEN FLETCHER 717 PARKSTON CT Modesto CA 95357 $26.00 079-002-042-000 SOTO HECTOR M & PENA MARIA C 721 PARKSTON CT Modesto CA 95357 $26.00 079-002-043-000 SAMRA AMARJIT 725 PARKSTON CT Modesto CA 95357 $26.00 079-002-044-000 WRIGHT JASON ODELL SR & SARA 729 PARKSTON CT Modesto CA 95357 $26.00 079-002-048-000 SINGH JOTIKA ET AL 745 PARKSTON CT Modesto CA 95357 $26.00 079-002-049-000 TOWNSELL DARNELL JR ET AL 749 PARKSTON CT Modesto CA 95357 $26.00 079-002-050-000 ALTON KARIM YOUKHANA TR 753 PARKSTON CT Modesto CA 95357 $26.00 079-002-051-000 TORRES JUAN LUIS 752 PARKSTON CT Modesto CA 95357 $26.00 079-002-052-000 CASTILLO RANDY 748 PARKSTON CT Modesto CA 95357 $26.00 079-002-053-000 LANZA PHILIP R 744 PARKSTON CT Modesto CA 95357 $26.00 079-002-054-000 FABER BRUCE ET AL 740 PARKSTON CT Modesto CA 95357 $26.00 079-002-055-000 PEREZ ISIDRO C 736 PARKSTON CT Modesto CA 95357 $26.00 079-002-056-000 GANJA SAM 732 PARKSTON CT Modesto CA 95357 $26.00 079-002-057-000 GUEVARA NICOLAS A & MARIA C 728 PARKSTON CT Modesto CA 95357 $26.00 079-002-058-000 COLLS LUIS R TR 724 PARKSTON CT Modesto CA 95357 $26.00 #13..
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2022-2023 Engineer’s Annual Report Page 8
Fee Parcel Owner Address City State Zip 2022-23 Ast.
079-002-059-000 MUSIC DAVID T & PATRICIA A 720 PARKSTON CT Modesto CA 95357 $26.00 079-002-060-000 CLARKE THOMAS D II & BRENDA L 716 PARKSTON CT Modesto CA 95355 $26.00 079-002-061-000 CASTIGLIONE JOSEPH B & BECKY M 713 MILBANK DR Modesto CA 95357 $26.00 079-002-062-000 LUBINSKY EDWARD & LUBINSKY CAROL E 717 MILBANK DR Modesto CA 95354 $26.00 079-002-063-000 CASTILLO HECTOR 721 MILBANK DR Modesto CA 95357 $26.00 079-002-064-000 PRASAD RAMA ET AL TRS 725 MILBANK DR Modesto CA 95357 $26.00 079-002-065-000 WINGO NAIDA J ET AL 729 MILBANK DR Modesto CA 95357 $26.00 079-002-066-000 SMITH MARQUE R 733 MILBANK DR Modesto CA 95357 $26.00 079-002-067-000 VILLANUEVA DAVID M & VILLANUEVA DIANE M 737 MILBANK DR Modesto CA 95357 $26.00 079-002-068-000 PETERSON JEAN 741 MILBANK DR Modesto CA 95357 $26.00 079-002-069-000 MORSE GERALD WAYNE & CONSUELO 745 MILBANK DR Modesto CA 95357 $26.00 079-002-070-000 RAMIREZ-RIVERA JULIO C & CRUZ-FUENTES ALMA NIDIA 817 SALINA DR Modesto CA 95357 $26.00 079-002-071-000 CONTRERAS JESUS E RAMOS & RAMOS ANGELICA CARRASC 821 SALINA DR Modesto CA 95357 $26.00 079-002-072-000 SALAZAR JENNIFER 825 SALINA DR Modesto CA 95357 $26.00 079-002-073-000 MANANQUIL DEXTER & PRAK DEBBIE 3701 WICHITA WAY Modesto CA 95357 $26.00 079-002-074-000 ROMAN TED ET AL 3705 WICHITA WAY Modesto CA 95357 $26.00 079-002-076-000 BATES HAROLD & JANICE 3533 BATTLEBORO CT Modesto CA 95357 $26.00 079-002-078-000 SINGH MOHINDER 733 PARKSTON CT Modesto CA 95357 $26.00 079-002-079-000 SINGH DALVIR 737 PARKSTON CT Modesto CA 95357 $26.00 079-002-080-000 HASKEL ROBERT P 3537 BATTLEBORO CT Modesto CA 95357 $26.00 079-002-082-000 SIMAS LUIS & DAISY 741 PARKSTON CT Modesto CA 95357 $26.00 079-003-001-000 MAHARAJ SANJAI S & MAHARAJ ARUNA D 3641 DRY CREEK DR Modesto CA 95357 $26.00 079-003-002-000 HUFFMAN JOSEPH R II & MARLENE J 3637 DRY CREEK DR Modesto CA 95357 $26.00 079-003-003-000 BROWN CHRISTOPHER C & KAREN R 3633 DRY CREEK DR Modesto CA 95357 $26.00 079-003-004-000 CALVO SERGIO & SILVIA 3629 DRY CREEK DR Modesto CA 95357 $26.00 079-003-005-000 TORRES MOSES & ESTRADA NANCY 3625 DRY CREEK DR Modesto CA 95357 $26.00 079-003-006-000 MAGCALAS JOEL & VIRGINIA 3621 DRY CREEK DR Modesto CA 95357 $26.00 079-003-007-000 CORDOVA ISIDRO C & CORDOVA MARTHA B 3613 DRY CREEK DR Modesto CA 95357 $26.00 079-003-008-000 CHUANGS INVESTMENT INC 3609 DRY CREEK DR Modesto CA 95357 $26.00 079-003-009-000 PRASAD SUJENDRA & DEVI SANGITA 3605 DRY CREEK DR Modesto CA 95357 $26.00 079-003-010-000 GIL MARTIN & GIL DEBORAH L 3601 DRY CREEK DR Modesto CA 95357 $26.00 079-003-011-000 DOUGLAS GREG & DOUGLAS TERI 3537 DRY CREEK DR Modesto CA 95357 $26.00 079-003-012-000 HERNANDEZ FERNANDO PARDO & HERNANDEZ GLORIA C 3533 DRY CREEK DR Modesto CA 95357 $26.00 079-003-013-000 CHERRY RANDY L & ROSALBA 3529 DRY CREEK DR Modesto CA 95357 $26.00 079-003-014-000 REYES FERNANDO ET AL 3525 DRY CREEK DR Modesto CA 95357 $26.00 079-003-015-000 CHUON LEE ET AL 3521 DRY CREEK DR Modesto CA 95357 $26.00 079-003-016-000 DIXON THOMAS L TR 3517 DRY CREEK DR Modesto CA 95357 $26.00 079-003-017-000 WISNER JAMES E & ELINA S 3512 BERESFORD DR Modesto CA 95354 $26.00 079-003-018-000 ESTRADA ADRIANA G 3516 BERESFORD DR Modesto CA 95357 $26.00 079-003-019-000 DELANEY KIMBERLY R 3520 BERESFORD DR Modesto CA 95357 $26.00 079-003-020-000 LOVE BOBBY 3524 BERESFORD DR Modesto CA 95357 $26.00 079-003-021-000 DHALIWAL JOGINDER SINGH & KULWANT KAUR 3528 BERESFORD DR Modesto CA 95357 $26.00 079-003-022-000 LUTTRELL ERIC ET AL 3532 BERESFORD DR Modesto CA 95357 $26.00 079-003-023-000 MENDOZA ADRIAN & ROSA 3536 BERESFORD DR Modesto CA 95357 $26.00 079-003-024-000 GARCIA JOSE VASQUEZ & MOSQUEDA LAURA CALDERON 3540 BERESFORD DR Modesto CA 95357 $26.00 079-003-025-000 FISCHER WILLIAM & FISCHER CAROL 3600 BERESFORD DR Modesto CA 95357 $26.00 079-003-026-000 ARELLANO ERIK ALBERTO 3604 BERESFORD DR Modesto CA 95357 $26.00 079-003-027-000 PRAKASH OM & SUSHIL 3608 BERESFORD DR Modesto CA 95357 $26.00 079-003-028-000 REYES ERLINDA M TR 3616 BERESFORD DR Modesto CA 95357 $26.00 079-003-029-000 CHUNG WILLIAM & YEH GEORGINA PIK-CHING TRS 3620 BERESFORD DR Modesto CA 95357 $26.00 079-003-030-000 BURKE GARY F II & JEAN-BURKE BECKY TRS 3624 BERESFORD DR Modesto CA 95357 $26.00 079-003-031-000 MUNOZ ALFREDO F & CEYLON A 3628 BERESFORD DR Modesto CA 95357 $26.00 079-003-032-000 SAENGPHACHANH PHONESY ET AL 3632 BERESFORD DR Modesto CA 95357 $26.00 079-003-033-000 ROTH WILLIAM C & ROTH DOLORES 704 SPINDALE DR Modesto CA 95350 $26.00 079-003-034-000 SOLIS MARIA 708 SPINDALE DR Modesto CA 95357 $26.00 #13..
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Fee Parcel Owner Address City State Zip 2022-23 Ast.
079-003-035-000 LANGI SOANE 712 SPINDALE DR Modesto CA 95357 $26.00 079-003-036-000 SHARMA RUDRA DUTT & RESHMIKA 716 SPINDALE DR Modesto CA 95357 $26.00 079-003-037-000 DEL REAL INDELACIO & DEL REAL ELENA 720 SPINDALE DR Modesto CA 95357 $26.00 079-003-038-000 MORALES DIANA R 724 SPINDALE DR Modesto CA 95357 $26.00 079-003-039-000 MONTELONGO SANDRO 728 SPINDALE DR Modesto CA 95357 $26.00 079-003-041-000 GONZALES JUAN G JR & GLORIA M 729 SPINDALE DR Modesto CA 95357 $26.00 079-003-042-000 DORRETT NEWTON & LYNELL D 725 SPINDALE DR Modesto CA 95357 $26.00 079-003-043-000 SAMMULI ROBERT A & JAMIE L 721 SPINDALE DR Modesto CA 95357 $26.00 079-003-044-000 GARCIA ERIKA YAZMIN 717 SPINDALE DR Modesto CA 95357 $26.00 079-003-045-000 REYES ROGELIO GONZALEZ 713 SPINDALE DR Modesto CA 95357 $26.00 079-003-046-000 BOWMAN ANDREW 709 SPINDALE DR Modesto CA 95357 $26.00 079-003-047-000 SINGH RAWNIK & LAL RANJITA 3617 BERESFORD DR Modesto CA 95357 $26.00 079-003-048-000 COULIBALY LLC 720 MILBANK DR Modesto CA 95357 $26.00 079-003-049-000 MOODY DIANE K 724 MILBANK DR Modesto CA 95357 $26.00 079-003-050-000 SWITZER LYNDELL TR 728 MILBANK DR Modesto CA 95357 $26.00 079-003-051-000 KILGORE LINDA L 732 MILBANK DR Modesto CA 95357 $26.00 079-003-052-000 MAXWELL VIRGINIA E 736 MILBANK DR Modesto CA 95357 $26.00 079-003-053-000 JUDD JIMMIE RANDALL ET AL 740 MILBANK DR Modesto CA 95357 $26.00 079-003-054-000 SPIEKER JANE R & DAVID M 744 MILBANK DR Modesto CA 95357 $26.00 079-003-055-000 ALVEAR FELICITAS 748 MILBANK DR Modesto CA 95357 $26.00 079-003-056-000 PAHL KAREN M ET AL 733 SPINDALE DR Modesto CA 95357 $26.00 079-004-001-000 ESPARZA WILLIAM & ELSA 3709 WICHITA WAY Modesto CA 95357 $26.00 079-004-002-000 CASSIDY ALAN K & CASSIDY SUSAN H 3713 WICHITA WAY Modesto CA 95357 $26.00 079-004-003-000 HAWIL ALFRED 3717 WICHITA WAY Modesto CA 95357 $26.00 079-004-004-000 PALMERIN ARTURO & PATRICIA 3721 WICHITA WAY Modesto CA 95357 $26.00 079-004-005-000 PAPPAS MICHAEL & NANCY CARDENAS 3725 WICHITA WAY Modesto CA 95357 $26.00 079-004-006-000 MANLULU NOEL M & MANLULU MARIVIC F 3729 WICHITA WAY Modesto CA 95357 $26.00 079-004-007-000 TOWNE JAMES E & TOWNE AMANDA J 3733 WICHITA WAY Modesto CA 95357 $26.00 079-004-008-000 VALDES RENE D ET AL 3801 WICHITA WAY Modesto CA 95357 $26.00 079-004-009-000 DE ALBA RIGOBERTO SR & SANDRA L TRS 3805 WICHITA WAY Modesto CA 95357 $26.00 079-004-010-000 DE ALBA RIGOBERTO SR & SANDRA L TRS 3809 WICHITA WAY Modesto CA 95357 $26.00 079-004-011-000 WATTLE DANNY & CAROLANNE 3813 WICHITA WAY Modesto CA 95357 $26.00 079-004-012-000 HECKLER LAWRENCE S TR 3817 WICHITA WAY Modesto CA 95357 $26.00 079-004-013-000 ROMERO EDUARDO ANTONIO ELIAS 3821 WICHITA WAY Modesto CA 95357 $26.00 079-004-014-000 CURTRIGHT BARBARA TR 3825 WICHITA WAY Modesto CA 95357 $26.00 079-004-015-000 HAWIL MARCUS 3829 WICHITA WAY Modesto CA 95354 $26.00 079-004-016-000 GETREU DANIEL L & GETREU PATRICIA E 3901 WICHITA WAY Modesto CA 95354 $26.00 079-004-017-000 FUENTES MANUEL 3905 WICHITA WAY Modesto CA 95357 $26.00 079-004-018-000 GONZALEZ CARRAZCO LUIS A & BUENDIA ANA L 3909 WICHITA WAY Modesto CA 95357 $26.00 079-004-019-000 ALBERG DAVID A & PAMELA M TRS 3913 WICHITA WAY Modesto CA 95354 $26.00 079-004-020-000 BOWMAN TERRI 3917 WICHITA WAY Modesto CA 95357 $26.00 079-004-021-000 COX JULIE A 3921 WICHITA WAY Modesto CA 95355 $26.00 079-004-022-000 TEJEDA SERGIO L & VALDEZ JUANA ROCIO QUINTANILLA 3925 WICHITA WAY Modesto CA 95357 $26.00 079-004-023-000 MEZA HECTOR MEDINA 3929 WICHITA WAY Modesto CA 95357 $26.00 079-004-024-000 MARTINEZ ARTHUR J & ELISA R 3933 WICHITA WAY Modesto CA 95357 $26.00 079-004-025-000 GARDNER GEORGE & GARDNER DAWN 844 LARNED LN Modesto CA 95357 $26.00 079-004-026-000 SAMUEL BENJAMIN & JANET Y 840 LARNED LN Modesto CA 95357 $26.00 079-004-027-000 BARTON KEVIN A 836 LARNED LN Modesto CA 95357 $26.00 079-004-028-000 SEN INDAR & SEN SURUJ M 832 LARNED LN Modesto CA 95357 $26.00 079-004-029-000 VIGIL CELSO ET AL 828 LARNED LN Modesto CA 95357 $26.00 079-004-030-000 MENDOZA GEORGINA 3925 SHARPSBURG DR Modesto CA 95357 $26.00 079-004-031-000 VEGA CESAR & SABRINA 3921 SHARPSBURG DR Modesto CA 95357 $26.00 079-004-032-000 BALANJI HELEN FARHAD ZADEH 3917 SHARPSBURG DR Modesto CA 95357 $26.00 079-004-033-000 GLEN MAVIS J TR 3913 SHARPSBURG DR Modesto CA 95357 $26.00 079-004-034-000 SAN PEDRO SHIRLEY Q & GEORGE 3909 SHARPSBURG DR Modesto CA 95357 $26.00 #13..
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Fee Parcel Owner Address City State Zip 2022-23 Ast.
079-004-035-000 COGBURN LATISHA 3905 SHARPSBURG DR Modesto CA 95357 $26.00 079-004-036-000 PHIPPS CORY L & PHIPPS CAROLE J 3901 SHARPSBURG DR Modesto CA 95357 $26.00 079-004-037-000 RAYA ARMANDO & ESPARZA JOAN 3821 SHARPSBURG DR Modesto CA 95357 $26.00 079-004-038-000 BARNETT BRIENT K & ERIN 3817 SHARPSBURG DR Modesto CA 95357 $26.00 079-004-039-000 MUNOZFERRER ISMAEL & GLORIA LETICIA 3813 SHARPSBURG DR Modesto CA 95357 $26.00 079-004-040-000 AU-YEUNG CHI & AU-YEUNG TZE H 3809 SHARPSBURG DR Modesto CA 95357 $26.00 079-004-041-000 VASQUEZ CODY R & BYIANCA 3805 SHARPSBURG DR Modesto CA 95351 $26.00 079-004-042-000 SERNA MARLA ANN TR 3801 SHARPSBURG DR Modesto CA 95357 $26.00 079-004-043-000 SOUZA RICK L & SOUZA MARVELYN 3721 SHARPSBURG DR Modesto CA 95357 $26.00 079-004-044-000 WOOD SHAWN & WOOD KRISTINA M 3717 SHARPSBURG DR Modesto CA 95357 $26.00 079-004-045-000 HARO SAYRA YOSELYNE GUTIERREZ ET AL 3713 SHARPSBURG DR Modesto CA 95357 $26.00 079-004-046-000 OROZCO RUDY JOSEPH & QUIRALTE-CASTANEDA MELISSA 3709 SHARPSBURG DR Modesto CA 95357 $26.00 079-004-047-000 DIVIRD HEIDI N & JASON R 3705 SHARPSBURG DR Modesto CA 95354 $26.00 079-004-048-000 PANG YIM PING & LI FELIX JING HUI 3701 SHARPSBURG DR Modesto CA 09535 $26.00 079-004-049-000 EYRING MARION L TR 3712 WICHITA WAY Modesto CA 95357 $26.00 079-004-050-000 BENTLEY DOUGLAS & BENTLEY LEEANNE K 3716 WICHITA WAY Modesto CA 95357 $26.00 079-004-051-000 LEYVA RENE SR & CLAUDIA D 3720 WICHITA WAY Modesto CA 95357 $26.00 079-004-052-000 DUMAS JAMES BRIAN SR & PAMELA LEE TRS 3724 WICHITA WAY Modesto CA 95357 $26.00 079-004-053-000 MORENO ROSA MARIA 3728 WICHITA WAY Modesto CA 95354 $26.00 079-004-054-000 GALVAN OLALDE DANIEL GIBRAN & DIAZ GALVAN LAURA EL 3732 WICHITA WAY Modesto CA 95357 $26.00 079-004-055-000 CASTILLO RAFAEL 3800 WICHITA WAY Modesto CA 95357 $26.00 079-004-056-000 SALVATION ARMY 3804 WICHITA WAY Modesto CA 95357 $26.00 079-004-057-000 CLINE DAVID L & DEBRA N TRS 3808 WICHITA WAY Modesto CA 95357 $26.00 079-004-058-000 FUGATE BRANDON ET AL TRS 3812 WICHITA WAY Modesto CA 95357 $26.00 079-004-059-000 FLORES ROSANA P & JUANITO S JR 3816 WICHITA WAY Modesto CA 95357 $26.00 079-004-060-000 CABEBE MARIA RIZALINA C TR 3820 WICHITA WAY Modesto CA 95357 $26.00 079-004-061-000 MAYOL BIRGITT A TR ET AL 3824 WICHITA WAY Modesto CA 95357 $26.00 079-004-062-000 BADILLO ALAN & ADELITA M 3828 WICHITA WAY Modesto CA 95357 $26.00 079-004-063-000 VU DINH DUC 3900 WICHITA WAY Modesto CA 95357 $26.00 079-004-064-000 ALVAREZ LOUIS L ET AL 3904 WICHITA WAY Modesto CA 95357 $26.00 079-004-065-000 MANCINI JUDITH 3908 WICHITA WAY Modesto CA 95357 $26.00 079-004-066-000 ISRAEL SAMMY S & SHERLY ESGUERRA 3912 WICHITA WAY Modesto CA 95357 $26.00 079-004-067-000 ROJAS ROGELIO A 3916 WICHITA WAY Modesto CA 95354 $26.00 079-004-068-000 OVIEDO IRMA L ET AL 3920 WICHITA WAY Modesto CA 95357 $26.00 079-004-069-000 OCKEY LEOTA L TR 3924 WICHITA WAY Modesto CA 95357 $26.00 079-005-001-000 SIMPSON STEVEN 732 SPINDALE DR Modesto CA 95357 $26.00 079-005-002-000 BALLIET RICHARD L & BALLIET SHERRY 736 SPINDALE DR Modesto CA 95357 $26.00 079-005-003-000 STAATS BAMBI MICHELLE ET AL 800 SALINA DR Modesto CA 95357 $26.00 079-005-004-000 HELLERUD GARRY A & HELLERUD ARLENE L 804 SALINA DR Modesto CA 95354 $26.00 079-005-005-000 URENA FIDEL & ELIA K 813 PARSONS CT Modesto CA 95354 $26.00 079-005-006-000 CLEMENTS PANDORA A 809 PARSONS CT Modesto CA 95357 $26.00 079-005-007-000 THOMPSON MELANIE 805 PARSONS CT Modesto CA 95357 $26.00 079-005-008-000 LAKE DAVID E & LAKE MARGARET R 800 PARSONS CT Modesto CA 95357 $26.00 079-005-009-000 LEE EDMUND W TR 804 PARSONS CT Modesto CA 95357 $26.00 079-005-010-000 GARCIA EDUARDO CAMPOS & ELIZABETH AGUARISTI TRS 808 PARSONS CT Modesto CA 95351 $26.00 079-005-011-000 HINOJOS BRANDON & KRYSTAL R 812 PARSONS CT Modesto CA 95357 $26.00 079-005-012-000 RANGEL FRANCISCO JAVIER JR 817 LEAVENWORTH WAY Modesto CA 95357 $26.00 079-005-013-000 MEDINA VICTOR & IRMA 813 LEAVENWORTH WAY Modesto CA 95357 $26.00 079-005-014-000 FAGUNDES ANTONIO L & HAIR JACQUELINE K TRS 809 LEAVENWORTH WAY Modesto CA 95357 $26.00 079-005-015-000 GARCIA MATIAS & GARCIA MERCEDES 805 LEAVENWORTH WAY Modesto CA 95357 $26.00 079-005-016-000 ERWIN TERESA M 801 LEAVENWORTH WAY Modesto CA 95357 $26.00 079-005-017-000 OWENS LARRY G & MARY Z TRS 800 LEAVENWORTH WAY Modesto CA 95351 $26.00 079-005-018-000 TAYLOR BRADLEY JOSEPH 804 LEAVENWORTH WAY Modesto CA 95357 $26.00 079-005-019-000 BISHOFF PHYLLIS J TR 808 LEAVENWORTH WAY Modesto CA 95357 $26.00 079-005-020-000 GASPARYAN ARMEN ET AL 812 LEAVENWORTH WAY Modesto CA 95357 $26.00 #13..
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Fee Parcel Owner Address City State Zip 2022-23 Ast.
079-005-021-000 MARCELINO DAVID C & REBECCA N 816 LEAVENWORTH WAY Modesto CA 95357 $26.00 079-005-022-000 GONZALES LOUIS R SR 3908 SHARPSBURG DR Modesto CA 95357 $26.00 079-005-023-000 DAVISON WAYNE & JO 3912 SHARPSBURG DR Modesto CA 95357 $26.00 079-005-024-000 HAWIL ALFRED 3916 SHARPSBURG DR Modesto CA 95357 $26.00 079-005-025-000 DURHAM SANDY M 817 LARNED LN Modesto CA 95357 $26.00 079-005-026-000 MCCARTHY JAMES & TAMRA 813 LARNED LN Modesto CA 95357 $26.00 079-005-027-000 CHEN GEORGE CHONG JYH & HOLLY YUN YAN 809 LARNED LN Modesto CA 95357 $26.00 079-005-028-000 VAN DIEMEN MICHAEL B & VAN DIEMEN LAURI L 805 LARNED LN Modesto CA 95357 $26.00 079-005-029-000 LIGHT MARK T & WRIGHT LUCILA 3909 GOODLAND CT Modesto CA 95357 $26.00 079-005-030-000 LUCAS THOMAS M III & LUCAS LISA M 3905 GOODLAND CT Modesto CA 95357 $26.00 079-005-031-000 BARKLEY JOSEPH E TR 3900 GOODLAND CT Modesto CA 95357 $26.00 079-005-032-000 BROOKS CHARLES A & SUSAN D TRS 3904 GOODLAND CT Modesto CA 95357 $26.00 079-005-033-000 GAMBOA BENITO & ANGELICA 3908 GOODLAND CT Modesto CA 95357 $26.00 079-005-034-000 MORALES SHARON & LUIS 3912 GOODLAND CT Modesto CA 95357 $26.00 079-005-035-000 YOUNGER ROGER COLEMAN & LAURA JEAN TRS 3916 GOODLAND CT Modesto CA 95357 $26.00 079-005-036-000 COLE TINA M 3920 GOODLAND CT Modesto CA 95357 $26.00 079-005-037-000 ALVARADO MARIA D 800 LARNED LN Modesto CA 95357 $26.00 079-005-038-000 PALMERIN JOSE DE JESUS 804 LARNED LN Modesto CA 95357 $26.00 079-005-039-000 NUNEZ OMAR AYON 808 LARNED LN Modesto CA 95357 $26.00 079-005-040-000 AZUETA ORLANDO & ALAVAREZ LAURA CISNEROS 812 LARNED LN Modesto CA 95357 $26.00 079-005-041-000 CAMARENA JESUS D ET AL 816 LARNED LN Modesto CA 95357 $26.00 079-005-042-000 MORAD EDMOND & MORAD CARMEN 820 LARNED LN Modesto CA 95357 $26.00 079-005-043-000 BROWN DANNY ARTHUR & CHRISTINA 824 LARNED LN Modesto CA 95357 $26.00 079-006-001-000 SARETH JESSIE ET AL 737 WADDELL WAY Modesto CA 95357 $26.00 079-006-002-000 NASSER MOHAMED 741 WADDELL WAY Modesto CA 95357 $26.00 079-006-003-000 TORRES ANTHONY RENE JR ET AL 745 WADDELL WAY Modesto CA 95357 $26.00 079-006-004-000 CHHIM LIM 749 WADDELL WAY Modesto CA 95357 $26.00 079-006-005-000 FLORES J JESUS 753 WADDELL WAY Modesto CA 95357 $26.00 079-006-006-000 SAMOW HALA 757 WADDELL WAY Modesto CA 95357 $26.00 079-006-007-000 MICHAEL RAPHAEL ET AL 761 WADDELL WAY Modesto CA 95357 $26.00 079-006-008-000 REYES JIM R & REYES ELLEN S 765 WADDELL WAY Modesto CA 95357 $26.00 079-006-010-000 JOHNSON GERALD L ET AL 752 CODINGTON WAY Modesto CA 95357 $26.00 079-006-011-000 FELICIANO LIORITA A & RUSEL C 748 CODINGTON WAY Modesto CA 95357 $26.00 079-006-012-000 WEBB LAQUITA 744 CODINGTON WAY Modesto CA 95357 $26.00 079-006-013-000 GARCIA FRANCISCO & YOLANDA 740 CODINGTON WAY Modesto CA 95357 $26.00 079-006-014-000 MC CRARY MARY JANE 736 CODINGTON WAY Modesto CA 95357 $26.00 079-006-015-000 CHAVEZ ALEJANDRO PACHECO 732 CODINGTON WAY Modesto CA 95357 $26.00 079-006-016-000 TELLEZ MAURICE R & MARGARITA F 728 CODINGTON WAY Modesto CA 95357 $26.00 079-006-017-000 TELLEZ MAURICE R & MARGARITA F 724 CODINGTON WAY Modesto CA 95357 $26.00 079-006-018-000 SANTOS LUZ MARIA 720 CODINGTON WAY Modesto CA 95357 $26.00 079-006-019-000 SANTOS LUZ 716 CODINGTON WAY Modesto CA 95357 $26.00 079-006-020-000 PADILLA SALVADOR & PADILLA ANTONIA 712 CODINGTON WAY Modesto CA 95357 $26.00 079-006-021-000 PERROTTI PATRICK ET AL TRS 708 CODINGTON WAY Modesto CA 95357 $26.00 079-006-022-000 BAINS GURNAM S & BALVINDER K 704 CODINGTON WAY Modesto CA 95355 $26.00 079-006-023-000 LOTKO ANN E 700 CODINGTON WAY Modesto CA 95357 $26.00 079-006-024-000 PEREZ JUAN & SILVIA P TRS 640 CODINGTON WAY Modesto CA 95357 $26.00 079-006-025-000 RAM RAVI PRAKASH & RAM SANJILA PRAKASH 701 CODINGTON WAY Modesto CA 95357 $26.00 079-006-026-000 BANUELOS MARTHA E TR 705 CODINGTON WAY Modesto CA 95357 $26.00 079-006-027-000 ARROYO RAFAEL ARROYO & CHAVEZ GUADALUPE RAMIREZ 709 CODINGTON WAY Modesto CA 95357 $26.00 079-006-028-000 BENDERAS DAMARA 713 CODINGTON WAY Modesto CA 95357 $26.00 079-006-029-000 AGUIRRE ALICIA R 717 CODINGTON WAY Modesto CA 95357 $26.00 079-006-030-000 GOMEZ FRANCISCO J & PATRICIA 721 CODINGTON WAY Modesto CA 95357 $26.00 079-006-031-000 BAINS GURNAM S & BALVINDER K 725 CODINGTON WAY Modesto CA 95357 $26.00 079-006-032-000 FIGUEROA LUIS E & FIGUEROA ISABEL L 729 CODINGTON WAY Modesto CA 95357 $26.00 079-006-033-000 CARROLL EDWIN JOSEPH II & LEPE-CARROLL CONNIE LEA 733 CODINGTON WAY Modesto CA 95357 $26.00 #13..
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Fee Parcel Owner Address City State Zip 2022-23 Ast.
079-006-034-000 AMBROSICH STEPHEN F TR 737 CODINGTON WAY Modesto CA 95357 $26.00 079-006-035-000 MOLINA GIOVANI & ORTEGA MARIA ESTHER TALAVERA 741 CODINGTON WAY Modesto CA 95357 $26.00 079-006-036-000 GALE MARK D II & DEBRA L TRS 745 CODINGTON WAY Modesto CA 95354 $26.00 079-006-037-000 SILLEMON ANTHONY 749 CODINGTON WAY Modesto CA 95357 $26.00 079-006-038-000 GUZMAN JESUS A 744 CARRBORO LN Modesto CA 95357 $26.00 079-006-039-000 LOUCKS DAVID GEORGE & JOSEFA M TRS 740 CARRBORO LN Modesto CA 95357 $26.00 079-006-040-000 PATRICK ANTONIO 736 CARRBORO LN Modesto CA 95357 $26.00 079-006-041-000 PALOMERA HECTOR MANUEL 732 CARRBORO LN Modesto CA 95357 $26.00 079-006-042-000 WILLIAMS MARLON & NENA 728 CARRBORO LN Modesto CA 95357 $26.00 079-006-043-000 DEBERRY GARY L & ALICE 724 CARRBORO LN Modesto CA 95357 $26.00 079-006-044-000 LAMPROE LEONARD C & LAMPROE MARY A 720 CARRBORO LN Modesto CA 95357 $26.00 079-006-045-000 GARCIA FELIPE & FLORES BLANCA 716 CARRBORO LN Modesto CA 95357 $26.00 079-006-046-000 ODISHO DAVID & ODISHO JULIET 712 CARRBORO LN Modesto CA 95357 $26.00 079-006-047-000 LI ZHIHE & HUANG LIFEI 708 CARRBORO LN Modesto CA 95357 $26.00 079-006-048-000 DAVID VIRGEEN 704 CARRBORO LN Modesto CA 95357 $26.00 079-006-049-000 CONN HILARY A & GARY 700 CARRBORO LN Modesto CA 95357 $26.00 079-007-001-000 CHOW MINH LU ET AL 729 WADDELL WAY Modesto CA 95354 $26.00 079-007-002-000 JORGENSEN FRANK E & MIRIAM M TRS 725 WADDELL WAY Modesto CA 95357 $26.00 079-007-003-000 GASPAR JENNIFER L 721 WADDELL WAY Modesto CA 95357 $26.00 079-007-004-000 PENALOSA FABIAN HERNANDEZ 717 WADDELL WAY Modesto CA 95357 $26.00 079-007-005-000 L & D RENTALS LLC 713 WADDELL WAY Modesto CA 95357 $26.00 079-007-006-000 GUTIERREZ DIEGO 709 WADDELL WAY Modesto CA 95357 $26.00 079-007-007-000 SHANDIL SHALESH & IRENE R 705 WADDELL WAY Modesto CA 95357 $26.00 079-007-008-000 MC CLURE JODI PENIRIAN 701 WADDELL WAY Modesto CA 95357 $26.00 079-007-009-000 FERNANDEZ RAMIRO & ALMA 669 WADDELL WAY Modesto CA 95357 $26.00 079-007-010-000 ZAMORA GUILLERMO 665 WADDELL WAY Modesto CA 95357 $26.00 079-007-011-000 STOLLBERG WILLIAM R & HOAI TRS 661 WADDELL WAY Modesto CA 95354 $26.00 079-007-012-000 L & D RENTALS LLC 657 WADDELL WAY Modesto CA 95357 $26.00 079-007-013-000 BAINS KABAL S & JASBIR K 653 WADDELL WAY Modesto CA 95357 $26.00 079-007-014-000 BAKER OUTIN MARLENE 649 WADDELL WAY Modesto CA 95357 $26.00 079-007-015-000 MARSELLA BARBARA A 645 WADDELL WAY Modesto CA 95357 $26.00 079-007-016-000 ROQUE DARWIN ET AL 641 WADDELL WAY Modesto CA 95357 $26.00 079-007-017-000 RUIZ IGNACIO VASQUEZ ET AL 648 WADDELL WAY Modesto CA 95357 $26.00 079-007-018-000 HANSON LARRY P & DORA 652 WADDELL WAY Modesto CA 95357 $26.00 079-007-019-000 MENDEZ HILARIO 656 WADDELL WAY Modesto CA 95350 $26.00 079-007-020-000 AMBRIZ MARIO G 721 RIEDSVILLE CT Modesto CA 95357 $26.00 079-007-021-000 SMITH SCOTT ROYAL TR 717 RIEDSVILLE CT Modesto CA 95354 $26.00 079-007-022-000 ZAVALA JOHN & YVONNE 713 RIEDSVILLE CT Modesto CA 95357 $26.00 079-007-023-000 ACOSTA DAVID ET AL 716 RIEDSVILLE CT Modesto CA 95357 $26.00 079-007-024-000 SCHULTZ BRENDA J & RONALD 720 RIEDSVILLE CT Modesto CA 95357 $26.00 079-007-025-000 RIVERA RAMON ET AL 712 WADDELL WAY Modesto CA 95357 $26.00 079-007-026-000 PALMERIN ERNESTO & MARIA 716 WADDELL WAY Modesto CA 95357 $26.00 079-007-027-000 MOLES EDWARD A & DIAMOND SUSAN H TRS 720 WADDELL WAY Modesto CA 95357 $26.00 079-007-028-000 SOTO ANABEL 724 WADDELL WAY Modesto CA 95357 $26.00 079-007-029-000 TRIMBLE BRENDA E 728 WADDELL WAY Modesto CA 95354 $26.00 079-007-030-000 POZZOULI JOHN L 732 WADDELL WAY Modesto CA 95357 $26.00 079-007-031-000 SINGH SURUJ B & SINGH LACHMI BAI 736 WADDELL WAY Modesto CA 95357 $26.00 079-007-032-000 DE LA TORRE CONRADO & ROSEMARY TRS 740 WADDELL WAY Modesto CA 95357 $26.00 079-007-033-000 MARCIANO ARMANDO D & MARCIANO REMEDIOS R 737 CARRBORO LN Modesto CA 95357 $26.00 079-007-034-000 PLACE GREGORY & SHERI L 733 CARRBORO LN Modesto CA 95357 $26.00 079-007-035-000 MECIA MIGUEL A & ASPEN 729 CARRBORO LN Modesto CA 95357 $26.00 079-007-036-000 ZUNIGA ANDRES PEREZ & GARCIA LIZETH L 725 CARRBORO LN Modesto CA 95357 $26.00 079-007-037-000 CEJA BEATRICE 721 CARRBORO LN Modesto CA 95357 $26.00 079-007-038-000 GONZALES ELBA CRISTINA 717 CARRBORO LN Modesto CA 95357 $26.00 079-007-039-000 HARRISON KAREN S 713 CARRBORO LN Modesto CA 95357 $26.00 #13..
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Fee Parcel Owner Address City State Zip 2022-23 Ast.
079-007-040-000 VILLALOVOS ART ROBERT & YOLANDA 709 CARRBORO LN Modesto CA 95357 $26.00 079-007-041-000 HARPER MICHAEL P & LILLIE M 700 CHADBURN CT Modesto CA 95357 $26.00 079-007-042-000 JACKSON JONATHAN & ADONA 704 CHADBURN CT Modesto CA 95357 $26.00 079-007-043-000 DIAS JEREMIAH A ET AL 708 CHADBURN CT Modesto CA 95357 $26.00 079-007-044-000 SAMRA GURDIP & PREET 712 CHADBURN CT Modesto CA 95357 $26.00 079-007-045-000 ROBLES RICHELLE & YULO JOHN 716 CHADBURN CT Modesto CA 95357 $26.00 079-007-046-000 MEZA JACQUELINE M 720 CHADBURN CT Modesto CA 95354 $26.00 079-007-047-000 TRUESDAIL SHELBY J 724 CHADBURN CT Modesto CA 95357 $26.00 079-007-048-000 BAHI EILEEN 721 CHADBURN CT Modesto CA 95354 $26.00 079-007-049-000 IBARRA JUANA 717 CHADBURN CT Modesto CA 95357 $26.00 079-007-050-000 YEFREMENKO ALEKSEY & CANDICE 713 CHADBURN CT Modesto CA 95357 $26.00 079-007-051-000 ROJAS VICENTE ET AL 709 CHADBURN CT Modesto CA 95357 $26.00 079-007-052-000 ESTRADA-GAMBOA RAMON 705 CHADBURN CT Modesto CA 95355 $26.00 079-007-053-000 SILVEIRA FERNANDA 3725 CREEDMOOR AVE Modesto CA 95357 $26.00 079-007-054-000 LUTZOW JOHN P 3721 CREEDMOOR AVE Modesto CA 95357 $26.00 079-007-055-000 PEREZ JOSE P & PEREZ ROSA M 3717 CREEDMOOR AVE Modesto CA 95357 $26.00 079-007-056-000 SKOCHKO KATHLEEN A & SKOCHKO RICHARD A 3713 CREEDMOOR AVE Modesto CA 95357 $26.00 079-007-057-000 DAVIS JAMES R & DAVIS LETECIA B 3709 CREEDMOOR AVE Modesto CA 95354 $26.00 079-008-001-000 BUAYA DAVID TR 620 N MC CLURE RD Modesto CA 95357 $26.00 079-008-002-000 ALI SYED ARIF & ARIF SHAZIA 616 N MC CLURE RD Modesto CA 95357 $26.00 079-008-003-000 CONCHAS SANDRA H 612 N MC CLURE RD Modesto CA 95356 $26.00 079-008-004-000 RENO FRED W 608 N MC CLURE RD Modesto CA 95354 $26.00 079-008-005-000 CHAND VIJAY & MATI SOHAN 604 N MC CLURE RD Modesto CA 95354 $26.00 079-008-006-000 CHAND VIJAY V ET AL 600 N MC CLURE RD Modesto CA 95357 $26.00 079-008-007-000 JACKSON MATTHEW & JACKSON SUZANNA 564 N MC CLURE RD Modesto CA 95357 $26.00 079-008-008-000 WARD DONALD G & CARLILE-WARD CARRIE LYNN 560 N MC CLURE RD Modesto CA 95354 $26.00 079-008-009-000 MOUNDI HARINDER K & GURDIAL SINGH W 556 N MC CLURE RD Modesto CA 95354 $26.00 079-008-010-000 BORGES FRANK J 552 N MC CLURE RD Modesto CA 95357 $26.00 079-008-011-000 MILLER THOMAS H TR 548 N MC CLURE RD Modesto CA 95357 $26.00 079-008-012-000 PRASAD DHARMEND 544 N MC CLURE RD Modesto CA 95357 $26.00 079-008-013-000 MAHARAJ ARUNA & SANJAI S 540 N MC CLURE RD Modesto CA 95357 $26.00 079-008-014-000 TAGRE ABEL JOSE & TERRIE MARIE TRS 536 N MC CLURE RD Modesto CA 95357 $26.00 079-008-015-000 RODRIGUEZ ROBERTA L & GUILLEN OSCAR J 501 REDFIELD AVE Modesto CA 95357 $26.00 079-008-016-000 SABLOK SATISH KUMAR & RENUKA TRS 505 REDFIELD AVE Modesto CA 95357 $26.00 079-008-017-000 PEEK CHARLES & PEEK ADRIENNE 509 REDFIELD AVE Modesto CA 95357 $26.00 079-008-018-000 KINCHELOE KAREN TR 513 REDFIELD AVE Modesto CA 95357 $26.00 079-008-019-000 SHARMA UMA L 517 REDFIELD AVE Modesto CA 95357 $26.00 079-008-020-000 CARDOSO JOHN P 521 REDFIELD AVE Modesto CA 95357 $26.00 079-008-021-000 BATES SEAN & LAURA 525 REDFIELD AVE Modesto CA 95357 $26.00 079-008-022-000 ZERMENO RAUL R & MARIA LETICIA TRS 529 REDFIELD AVE Modesto CA 95357 $26.00 079-008-023-000 ZARAGOZA RICARDO 533 REDFIELD AVE Modesto CA 95357 $26.00 079-008-024-000 MONTGOMERY KENNITHA 601 REDFIELD AVE Modesto CA 95357 $26.00 079-008-025-000 JEET JERMY S 605 REDFIELD AVE Modesto CA 95357 $26.00 079-008-026-000 BROWER PROPERTIES 3 LLC 609 REDFIELD AVE Modesto CA 95357 $26.00 079-008-027-000 KUMAR PRANEEL 613 REDFIELD AVE Modesto CA 95357 $26.00 079-008-028-000 CV RESIDENTIAL LLC 617 REDFIELD AVE Modesto CA 95357 $26.00 079-008-029-000 PRAK DEBBIE & MANANQUIL DEXTER 3516 DRY CREEK DR Modesto CA 95357 $26.00 079-008-030-000 BROWN CAROL C TR 3520 DRY CREEK DR Modesto CA 95357 $26.00 079-008-031-000 WRIGHT JACQUELINE L TR 3524 DRY CREEK DR Modesto CA 95354 $26.00 079-008-032-000 HARDY RICK L & LYNN P 3528 DRY CREEK DR Modesto CA 95357 $26.00 079-008-033-000 VEGA DANIEL 3532 DRY CREEK DR Modesto CA 95357 $26.00 079-008-034-000 CARRILLO OLIVIA ET AL 3536 DRY CREEK DR Modesto CA 95357 $26.00 079-008-035-000 SINGH KULDIP & KOUR JASBIR 3600 DRY CREEK DR Modesto CA 95357 $26.00 079-008-036-000 MENDOZA RAFAEL ROSALES 3604 DRY CREEK DR Modesto CA 95357 $26.00 079-008-037-000 ORTIZ MATIAS & ORTIZ JOSEFINA 3608 DRY CREEK DR Modesto CA 95357 $26.00 #13..
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079-008-038-000 BROWN DALE LEE & VANESSA MARIE 3612 DRY CREEK DR Modesto CA 95357 $26.00 079-008-039-000 NEY GARY III 3616 DRY CREEK DR Modesto CA 95357 $26.00 079-008-040-000 ECKLES ROBERT S & ECKLES JULIE L 3620 DRY CREEK DR Modesto CA 95357 $26.00 079-008-041-000 SINGH SHALVIN V & SEN ADREEN JYOTISH 3624 DRY CREEK DR Modesto CA 95357 $26.00 079-008-042-000 MALLEY KATHERINE S 3628 DRY CREEK DR Modesto CA 95357 $26.00 079-008-043-000 KELLER ALFRED W 3632 DRY CREEK DR Modesto CA 95357 $26.00 079-008-044-000 DAVIS LUELLA B & DAVIS WAYNE W 3636 DRY CREEK DR Modesto CA 95357 $26.00 079-008-045-000 HERNANDEZ FRANK J & DIANA C 3640 DRY CREEK DR Modesto CA 95357 $26.00 079-008-046-000 STAMPS GENE A & GLORIA M 532 WILMONT LN Modesto CA 95357 $26.00 079-008-047-000 JIMENEZ GERARDO 536 WILMONT LN Modesto CA 95357 $26.00 079-008-048-000 MATULIS ERIC A 3633 HIGHMORE LN Modesto CA 95357 $26.00 079-008-049-000 CHIU JOSEPH CHI TSUN & LEE HELEN LAI TRS 3629 HIGHMORE LN Modesto CA 95357 $26.00 079-008-050-000 FARA AHMED & FARA MUFDHLA 3625 HIGHMORE LN Modesto CA 95357 $26.00 079-008-051-000 JAUREGUI HORACIO J & SUSANA 3621 HIGHMORE LN Modesto CA 95357 $26.00 079-008-052-000 CISNEROS MARTIN T & CISNEROS MELISSA 3617 HIGHMORE LN Modesto CA 95357 $26.00 079-008-053-000 SINGH PREM 3613 HIGHMORE LN Modesto CA 95357 $26.00 079-008-054-000 WHITAKER SAUDIA F 3609 HIGHMORE LN Modesto CA 95357 $26.00 079-008-055-000 PRASAD JACK J & RESHMA D 3605 HIGHMORE LN Modesto CA 95357 $26.00 079-008-056-000 GUTIERREZ JESUS & MARIA DE JESUS 3601 HIGHMORE LN Modesto CA 95357 $26.00 079-008-057-000 VELAZQUEZ MANUEL D JR & ELENA 3533 HIGHMORE LN Modesto CA 95357 $26.00 079-008-058-000 POSLANIEC COBY L 3529 HIGHMORE LN Modesto CA 95357 $26.00 079-008-059-000 SADA FRED & JACKIE H 3525 HIGHMORE LN Modesto CA 95357 $26.00 079-008-060-000 MEDINA ROBERTO LEON & MARIA DE LOS ANGELES TRS 3521 HIGHMORE LN Modesto CA 95357 $26.00 079-008-061-000 AVILA ELISEO G ET AL 3517 HIGHMORE LN Modesto CA 95357 $26.00 079-008-062-000 KAUR NAVDEEP & SINGH DALVIR 3513 HIGHMORE LN Modesto CA 95357 $26.00 079-009-003-000 MARTINEZ CRYSTAL TR 3629 ARDIA AVE Modesto CA 95357 $26.00 079-009-004-000 POK NAVEEN & VEULVILAVONG AMMONE 3625 ARDIA AVE Modesto CA 95353 $26.00 079-009-005-000 WRIGHT ROBERT T TR 3621 ARDIA AVE Modesto CA 95357 $26.00 079-009-006-000 DALMAN NINON M 3617 ARDIA AVE Modesto CA 95357 $26.00 079-009-007-000 VARGAS ROBERT S & MARTHA V 3613 ARDIA AVE Modesto CA 95357 $26.00 079-009-008-000 RUSH ROBERT P SR & PATRICIA L 3609 ARDIA AVE Modesto CA 95357 $26.00 079-009-009-000 CICCONE LEANN 3605 ARDIA AVE Modesto CA 95357 $26.00 079-009-010-000 CAMBA JOSEPH 3601 ARDIA AVE Modesto CA 95357 $26.00 079-009-011-000 NAIRN DENNIS & REBECCA 3533 ARDIA AVE Modesto CA 95357 $26.00 079-009-012-000 MONDRAGON LUIS JR 3529 ARDIA AVE Modesto CA 95357 $26.00 079-009-013-000 JOHAL SUKHWINDER KAUR & JASBIR S SINGH 3525 ARDIA AVE Modesto CA 95357 $26.00 079-009-014-000 THANDI H S & S K 3521 ARDIA AVE Modesto CA 95357 $26.00 079-009-015-000 RAMOS FERNANDO A & MONSELLE TESSA JANINE 3517 ARDIA AVE Modesto CA 95357 $26.00 079-009-016-000 MARTINEZ TONY R JR 3513 ARDIA AVE Modesto CA 95357 $26.00 079-009-017-000 FIGUEROA JASMINE E 3512 BALFOUR LN Modesto CA 95357 $26.00 079-009-018-000 GREWAL JASKIRAN 3516 BALFOUR LN Modesto CA 95357 $26.00 079-009-019-000 OGDEN ROBERT C & DEBORAH A TRS 3520 BALFOUR LN Modesto CA 95357 $26.00 079-009-020-000 FOUNTAIN TIMOTHY J & FOUNTAIN DEBORAH A 3524 BALFOUR LN Modesto CA 95357 $26.00 079-009-021-000 TOBON LAURO I CORTES & CORTES MARY CARMEN 3528 BALFOUR LN Modesto CA 95357 $26.00 079-009-022-000 COLLS LUIS R TR 3600 BALFOUR LN Modesto CA 95357 $26.00 079-009-023-000 MANRIQUEZ UBALDO & DORA 3604 BALFOUR LN Modesto CA 95357 $26.00 079-009-024-000 AMEREL CLEVE & ROSA 3608 BALFOUR LN Modesto CA 95357 $26.00 079-009-025-000 JOHNSON SOUNITA ET AL 3612 BALFOUR LN Modesto CA 95354 $26.00 079-009-026-000 LEWMAN-KUNKLER BRENDA F TR 3616 BALFOUR LN Modesto CA 95357 $26.00 079-009-027-000 LEE DAVID S & HU YANTING 3620 BALFOUR LN Modesto CA 95357 $26.00 079-009-028-000 GONZALEZ ALFONSO CHAVEZ & RAMPONI-CHAVEZ JUDY 3624 BALFOUR LN Modesto CA 95357 $26.00 079-009-029-000 SANCHEZ HUGO & ZENAIDA 3628 BALFOUR LN Modesto CA 95357 $26.00 079-009-030-000 TOMLINSON MARK S & TOMLINSON JENNIFER D 3632 BALFOUR LN Modesto CA 95357 $26.00 079-009-031-000 GOVEA PETER C & CAROL M TRS 512 WILMONT LN Modesto CA 95357 $26.00 079-009-032-000 CERVANTES JUAN MANUEL OCEGUERA & CASILLAS ROCIO 516 WILMONT LN Modesto CA 95357 $26.00 #13..
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079-009-033-000 KHOURY TANIA SALIBA 520 WILMONT LN Modesto CA 95351 $26.00 079-009-034-000 BARRY MAGED 524 WILMONT LN Modesto CA 95355 $26.00 079-009-035-000 BIZZINI KELLY A 528 WILMONT LN Modesto CA 95357 $26.00 079-009-036-000 MARTINEZ PEDRO & HERNANDEZ APRIL 3628 HIGHMORE LN Modesto CA 95357 $26.00 079-009-037-000 RAMIREZ JESUS ET AL 3624 HIGHMORE LN Modesto CA 95357 $26.00 079-009-038-000 CERDA CENDEJAS GONZALO ET AL 3620 HIGHMORE LN Modesto CA 95357 $26.00 079-009-039-000 WILHELM DENNIS & WILHELM JANICE 3616 HIGHMORE LN Modesto CA 95357 $26.00 079-009-040-000 CASTRO MARIA 3612 HIGHMORE LN Modesto CA 95357 $26.00 079-009-041-000 VIZCARRA JOSE A 3608 HIGHMORE LN Modesto CA 95357 $26.00 079-009-042-000 FERREZ LIDIA E ET AL 3604 HIGHMORE LN Modesto CA 95357 $26.00 079-009-043-000 ZAYA SAMIA 3600 HIGHMORE LN Modesto CA 95354 $26.00 079-009-044-000 CHIU CHARLES 3528 HIGHMORE LN Modesto CA 95357 $26.00 079-009-045-000 FORBES DEENA M ET AL 3524 HIGHMORE LN Modesto CA 95357 $26.00 079-009-046-000 LITTMANN PETER & TAMARA 3520 HIGHMORE LN Modesto CA 95355 $26.00 079-009-047-000 MANI LOGESH & SADHANA 3516 HIGHMORE LN Modesto CA 95357 $26.00 079-009-048-000 KUMAR KAMIL ET AL 3512 HIGHMORE LN Modesto CA 95357 $26.00 079-009-049-000 ESQUIVEL DIANA ACEVES DE 3513 BALFOUR LN Modesto CA 95357 $26.00 079-009-050-000 PRECIADO CINDY 3517 BALFOUR LN Modesto CA 95357 $26.00 079-009-051-000 KUMAR AMAR 3521 BALFOUR LN Modesto CA 95357 $26.00 079-009-052-000 PETERSON KAREN TR 3525 BALFOUR LN Modesto CA 95357 $26.00 079-009-053-000 PRAKASH SUSHEEL & DEVI VINITA 3529 BALFOUR LN Modesto CA 95357 $26.00 079-009-054-000 OSHANA DOONA H 3533 BALFOUR LN Modesto CA 95357 $26.00 079-009-055-000 VERSOLA KENNETH O ET AL TRS 3601 BALFOUR LN Modesto CA 95357 $26.00 079-009-056-000 MARTINEZ RICHARD A & MARTINEZ MARTHA S 3605 BALFOUR LN Modesto CA 95354 $26.00 079-009-057-000 VALADEZ JENISSA 3609 BALFOUR LN Modesto CA 95357 $26.00 079-009-058-000 HEDRICK KENNETH L & HEDRICK MARGIE 3613 BALFOUR LN Modesto CA 95357 $26.00 079-009-059-000 WASPE LAWRENCE E MD 3617 BALFOUR LN Modesto CA 95357 $26.00 079-009-060-000 RODRIGUEZ MARIO & RODRIGUEZ SONIA 3621 BALFOUR LN Modesto CA 95357 $26.00 079-009-061-000 CISNEROS STEVE P & CISNEROS ELVIRA 3625 BALFOUR LN Modesto CA 95357 $26.00 079-009-062-000 DAVIS RODGER & STACY 3633 ARDIA AVE Modesto CA 95357 $26.00 079-010-001-000 HORLICK LUPE CASTILLO ET AL 609 WADDELL WAY Modesto CA 95357 $26.00 079-010-002-000 ORTEGA ANGEL GABRIEL 613 WADDELL WAY Modesto CA 95357 $26.00 079-010-003-000 TAYLOR DAVID & CHRISTINE 617 WADDELL WAY Modesto CA 95357 $26.00 079-010-004-000 LEWIS LA VONA L TR 621 WADDELL WAY Modesto CA 95357 $26.00 079-010-005-000 JOHAL TAJINDER & KAUR GURPREET 625 WADDELL WAY Modesto CA 95357 $26.00 079-010-006-000 BROWER PROPERTIES 2 LLC 629 WADDELL WAY Modesto CA 95351 $26.00 079-010-007-000 BELLIDO RAUL & MERCEDES 633 WADDELL WAY Modesto CA 95357 $26.00 079-010-008-000 OLVERA JOSE A 637 WADDELL WAY Modesto CA 95357 $26.00 079-010-009-000 PRASAD BINESARI & SATYA W 3700 CREEDMOOR AVE Modesto CA 95357 $26.00 079-010-010-000 LERINDEGUI JOYCE C ET AL 3704 CREEDMOOR AVE Modesto CA 95357 $26.00 079-010-011-000 TRIO DONNA M 3708 CREEDMOOR AVE Modesto CA 95357 $26.00 079-010-012-000 PRASAD RAKESH 3712 CREEDMOOR AVE Modesto CA 95357 $26.00 079-010-013-000 ANTONIO MARIA ET AL 3716 CREEDMOOR AVE Modesto CA 95357 $26.00 079-010-014-000 STOCKAND MIMI M 3720 CREEDMOOR AVE Modesto CA 95357 $26.00 079-010-015-000 ANDRADE ALEX V ET AL 3724 CREEDMOOR AVE Modesto CA 95357 $26.00 079-010-016-000 GONZALES JOSEPH R 3728 CREEDMOOR AVE Modesto CA 95357 $26.00 079-010-017-000 NELSON RONALD J 3732 CREEDMOOR AVE Modesto CA 95357 $26.00 079-010-018-000 GARIBAY GABRIELA & VICTOR ALVAREZ 3736 CREEDMOOR AVE Modesto CA 95357 $26.00 079-010-019-000 CHIANG STANLEY & EMILY 3800 CREEDMOOR AVE Modesto CA 95357 $26.00 079-010-020-000 AU-YEUNG CHI & AU-YEUNG TZE HING LAM 3804 CREEDMOOR AVE Modesto CA 95357 $26.00 079-010-021-000 SALDANA BENJAMIN 3808 CREEDMOOR AVE Modesto CA 95357 $26.00 079-010-022-000 VELAZQUEZ RAUL & VELAZQUEZ MARIBEL 3812 CREEDMOOR AVE Modesto CA 95355 $26.00 079-010-023-000 XIAOKUN ZHI 3816 CREEDMOOR AVE Modesto CA 95357 $26.00 079-010-024-000 STEWART ALLAN HENRY ET AL TRS 3900 CREEDMOOR AVE Modesto CA 95357 $26.00 #13..
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079-010-025-000 JAMES GLORIA R 3904 CREEDMOOR AVE Modesto CA 95357 $26.00 079-010-026-000 RIVERA PAUL C & CARMEN 3908 CREEDMOOR AVE Modesto CA 95357 $26.00 079-010-027-000 KUMAR ABINESH 3912 CREEDMOOR AVE Modesto CA 95357 $26.00 079-010-028-000 NAMO ALEN 3916 CREEDMOOR AVE Modesto CA 95357 $26.00 079-010-029-000 DYRCZ JEFFREY LEE TR 636 CODINGTON WAY Modesto CA 95357 $26.00 079-010-030-000 BATTH GURMEET & MANJIT 632 CODINGTON WAY Modesto CA 95357 $26.00 079-010-031-000 LYND RICHARD CARROLL 628 CODINGTON WAY Modesto CA 95357 $26.00 079-010-032-000 BOWERS MARY P TR 624 CODINGTON WAY Modesto CA 95357 $26.00 079-010-033-000 OROZCO VINCENT A & SABRINA E 620 CODINGTON WAY Modesto CA 95357 $26.00 079-010-034-000 KING VERONICA 3925 DILLINGHAM AVE Modesto CA 95357 $26.00 079-010-035-000 HALE DENNA MICHAEL ET AL TRS 3921 DILLINGHAM AVE Modesto CA 95357 $26.00 079-010-036-000 CHARLES TIMOTHY M & CHARLES LISA A 3917 DILLINGHAM AVE Modesto CA 95357 $26.00 079-010-037-000 GALLEGOS ELIDIA 3913 DILLINGHAM AVE Modesto CA 9535 $26.00 079-010-038-000 RAMIREZ JUAN J & RAQUEL COSIO 3909 DILLINGHAM AVE Modesto CA 95357 $26.00 079-010-039-000 MARIGMEN VALERIANO M 3905 DILLINGHAM AVE Modesto CA 95357 $26.00 079-010-040-000 VHAN SUNILA TR 3901 DILLINGHAM AVE Modesto CA 95357 $26.00 079-010-041-000 PERA ADRIAN C 3825 DILLINGHAM AVE Modesto CA 95357 $26.00 079-010-042-000 BRESHEARS DONALD K 3821 DILLINGHAM AVE Modesto CA 95357 $26.00 079-010-043-000 DELGADO MIGUEL 3817 DILLINGHAM AVE Modesto CA 95357 $26.00 079-010-044-000 JESUS MANUEL A & MARY L TRS 3813 DILLINGHAM AVE Modesto CA 95357 $26.00 079-010-045-000 GUZMAN ALEJANDRA ROBLES 3809 DILLINGHAM AVE Modesto CA 95357 $26.00 079-010-046-000 MAYA JUAN PABLO BEJARANO 3805 DILLINGHAM AVE Modesto CA 95357 $26.00 079-010-047-000 ALBARRAN ARUTRO S & ALBARRAN CELIA P 3801 DILLINGHAM AVE Modesto CA 95354 $26.00 079-010-048-000 GALLO MARTIN & GALLO BEATRIZ 3725 DILLINGHAM AVE Modesto CA 95357 $26.00 079-010-049-000 SANTOS LUZ MARIA 3721 DILLINGHAM AVE Modesto CA 95357 $26.00 079-010-050-000 PEREZ JOSE P & ROSA M 3717 DILLINGHAM AVE Modesto CA 95357 $26.00 079-010-051-000 KUMAR ASHOK 3713 DILLINGHAM AVE Modesto CA 95357 $26.00 079-010-052-000 MADRIGAL ROBERT 3709 DILLINGHAM AVE Modesto CA 95357 $26.00 079-010-053-000 GARDALI CHARLES J TR 3705 DILLINGHAM AVE Modesto CA 95357 $26.00 079-010-054-000 JIAO HUIYING TR 3701 DILLINGHAM AVE Modesto CA 95357 $26.00 079-011-001-000 MOUNBUA CHANH ET AL 3700 DILLINGHAM AVE Modesto CA 95354 $26.00 079-011-002-000 VARGAS EDWARD J & RACHELLE DEE TRS 3704 DILLINGHAM AVE Modesto CA 95357 $26.00 079-011-003-000 LIANG JIN & CEN CHUNYAN 3708 DILLINGHAM AVE Modesto CA 95357 $26.00 079-011-004-000 KOOCHOU NINOUS & DOMARINA 3712 DILLINGHAM AVE Modesto CA 95357 $26.00 079-011-005-000 BAIJAN GEORGE & YOUNAN MARIAM 3716 DILLINGHAM AVE Modesto CA 95357 $26.00 079-011-006-000 RODRIGUEZ MARCELINO & RODRIGUEZ ELENA 3720 DILLINGHAM AVE Modesto CA 95357 $26.00 079-011-007-000 CHUANGS INVESTMENT INC 3724 DILLINGHAM AVE Modesto CA 95357 $26.00 079-011-008-000 ALVES JASON L 3800 DILLINGHAM AVE Modesto CA 95357 $26.00 079-011-009-000 WONG SHERRE L TR 3804 DILLINGHAM AVE Modesto CA 95357 $26.00 079-011-010-000 COLIN JOSE LUIS FLORES & REMIGIO MARTHA MARISOL MA 3808 DILLINGHAM AVE Modesto CA 95357 $26.00 079-011-011-000 KINGSLEY BRANDON K & AMBER N 3812 DILLINGHAM AVE Modesto CA 95357 $26.00 079-011-012-000 STILLWELL VINCE & ESCOBAR EVELYN 3816 DILLINGHAM AVE Modesto CA 95351 $26.00 079-011-013-000 THOMPSON JAMES ROBERT JR 3820 DILLINGHAM AVE Modesto CA 95357 $26.00 079-011-014-000 CABRALES ALEJANDRO 3824 DILLINGHAM AVE Modesto CA 95357 $26.00 079-011-015-000 MARTINHO THERESA SILVA TR 3900 DILLINGHAM AVE Modesto CA 95357 $26.00 079-011-016-000 CONTRERAS JAVIER 3904 DILLINGHAM AVE Modesto CA 95357 $26.00 079-011-017-000 CABRERA MELINDA S 3908 DILLINGHAM AVE Modesto CA 95357 $26.00 079-011-018-000 VASQUEZ ROSA 3912 DILLINGHAM AVE Modesto CA 95357 $26.00 079-011-019-000 BAXTER RACHEL 3916 DILLINGHAM AVE Modesto CA 95357 $26.00 079-011-020-000 MENDEZ JOSE ALVAREZ & TERESA JESUS 3920 DILLINGHAM AVE Modesto CA 95357 $26.00 079-011-021-000 SAENGSOURY TONY & SAENGSOURY MARY 3924 DILLINGHAM AVE Modesto CA 95357 $26.00 079-011-022-000 MARQUEZ ELIZABETH K & MARQUEZ RICHARD R 616 CODINGTON WAY Modesto CA 95357 $26.00 079-011-023-000 TODD BRIAN EDWARD & TRISHA ANN 612 CODINGTON WAY Modesto CA 95357 $26.00 079-011-024-000 REGALADO JUAN 608 CODINGTON WAY Modesto CA 95357 $26.00 079-011-025-000 CEJA MIGUEL Y & BEATRICE 604 CODINGTON WAY Modesto CA 95357 $26.00 #13..
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2022-2023 Engineer’s Annual Report Page 17
Fee Parcel Owner Address City State Zip 2022-23 Ast.
079-011-026-000 MORALES STACIE A 600 CODINGTON WAY Modesto CA 95357 $26.00 079-011-027-000 BAUTISTA IRENE TR 3925 ELLENBORO AVE Modesto CA 95357 $26.00 079-011-028-000 MUSQUEZ MACARIO F & LISA M 3921 ELLENBORO AVE Modesto CA 95357 $26.00 079-011-029-000 DOMINGUEZ NATALIA M ET AL 3917 ELLENBORO AVE Modesto CA 95357 $26.00 079-011-030-000 MCKAY JAMES ALLEN & MARY LOU TRS 3913 ELLENBORO AVE Modesto CA 95357 $26.00 079-011-031-000 FERNANDEZ ELMA ET AL 3909 ELLENBORO AVE Modesto CA 95351 $26.00 079-011-032-000 FANG SUSAN XIUYA 3905 ELLENBORO AVE Modesto CA 95357 $26.00 079-011-033-000 MANI GYANESH & SHAKUNTALA 3901 ELLENBORO AVE Modesto CA 95357 $26.00 079-011-034-000 LOVE JAMES H & LOVE BRENDA W 3825 ELLENBORO AVE Modesto CA 95357 $26.00 079-011-035-000 LEVCHENKO LAURIE 3821 ELLENBORO AVE Modesto CA 95357 $26.00 079-011-036-000 KIRKBRIDE CHRISTOPHER CHARLES & LUISA R 3817 ELLENBORO AVE Modesto CA 95357 $26.00 079-011-037-000 GALLARDO CLAYTON LEON & VICTORIA SUSANNE 3813 ELLENBORO AVE Modesto CA 95357 $26.00 079-011-038-000 PADILLA ROBERTO 3809 ELLENBORO AVE Modesto CA 95357 $26.00 079-011-039-000 SPECK HALEY 3805 ELLENBORO AVE Modesto CA 95357 $26.00 079-011-040-000 ZAMORA ROBERTO CARLOS LULE & REZA PATRICIA 3801 ELLENBORO AVE Modesto CA 95357 $26.00 079-011-041-000 ALDAWOOD PETER SHLIMON & RIMA 3725 ELLENBORO AVE Modesto CA 95357 $26.00 079-011-042-000 MORRIS SAMUEL DAVID ET AL 3721 ELLENBORO AVE Modesto CA 95357 $26.00 079-011-043-000 LOPEZ DIANA MORENO 3717 ELLENBORO AVE Modesto CA 95357 $26.00 079-011-044-000 KEYGHALDI KARNAVAL & ESTER 3713 ELLENBORO AVE Modesto CA 95351 $26.00 079-011-045-000 COSTA WILMA D & DAVID JR 3709 ELLENBORO AVE Modesto CA 95357 $26.00 079-011-046-000 BURCIU VASILE & TABITA 3705 ELLENBORO AVE Modesto CA 95357 $26.00 079-011-047-000 CHIHIL JOSEPHINE U TR 3701 ELLENBORO AVE Modesto CA 95357 $26.00 079-012-001-000 HONBERGER ROBERT & HONBERGER LISA 541 WADDELL WAY Modesto CA 95357 $26.00 079-012-002-000 BETYAGHOUB VILHAM & LINDA 545 WADDELL WAY Modesto CA 95357 $26.00 079-012-003-000 WONG SAI YING & LIXIAN KUANG TRS 549 WADDELL WAY Modesto CA 95357 $26.00 079-012-004-000 KUWAMOTO LARRY & BETTY TRS 553 WADDELL WAY Modesto CA 95357 $26.00 079-012-005-000 CHAND ATISH & REENA 557 WADDELL WAY Modesto CA 95357 $26.00 079-012-006-000 PEERA ALBERTA 601 WADDELL WAY Modesto CA 95357 $26.00 079-012-007-000 SUAREZ-MILLAN THANIA A 3700 ELLENBORO AVE Modesto CA 95357 $26.00 079-012-008-000 MARENTES YESENIA 3704 ELLENBORO AVE Modesto CA 95357 $26.00 079-012-009-000 MOORE MICHAEL 3708 ELLENBORO AVE Modesto CA 95357 $26.00 079-012-010-000 KIDD BRIAN & KIDD KIMBERLY 3712 ELLENBORO AVE Modesto CA 95357 $26.00 079-012-011-000 ESTRADA JOSE & ALICIA 3716 ELLENBORO AVE Modesto CA 95357 $26.00 079-012-012-000 SERRANO GUADALUPE & MARIA ELENA 3720 ELLENBORO AVE Modesto CA 95357 $26.00 079-012-013-000 MIRANDA CYNTHIA & MAGANA JOSE LUIS BARRAGAN 3724 ELLENBORO AVE Modesto CA 95357 $26.00 079-012-014-000 GILL HARMAIL & DARSHAN 3800 ELLENBORO AVE Modesto CA 95357 $26.00 079-012-015-000 BARRIENTOS JAVIER & ARCADIA 3804 ELLENBORO AVE Modesto CA 95357 $26.00 079-012-016-000 CORRAL SANDRA 3808 ELLENBORO AVE Modesto CA 95357 $26.00 079-012-017-000 CHUANG TINA Y 3812 ELLENBORO AVE Modesto CA 95357 $26.00 079-012-018-000 AGAS JANELYN R 3816 ELLENBORO AVE Modesto CA 95357 $26.00 079-012-019-000 MADEROS KATHLEEN J 3820 ELLENBORO AVE Modesto CA 95357 $26.00 079-012-020-000 BRITZKE GARY T & BRITZKE PATRICIA L 3824 ELLENBORO AVE Modesto CA 95357 $26.00 079-012-021-000 PENA BERNIE & PENA TREANNA 3900 ELLENBORO AVE Modesto CA 95357 $26.00 079-012-022-000 BP 4 LLC 3904 ELLENBORO AVE Modesto CA 95357 $26.00 079-012-023-000 SOLOMON JEAN M TR 3908 ELLENBORO AVE Modesto CA 95357 $26.00 079-012-024-000 THOMAS DOUGLAS E & GLENDA J 3912 ELLENBORO AVE Modesto CA 95357 $26.00 079-012-025-000 NAVARRETTE DANIEL & MONIQUE MARY 3916 ELLENBORO AVE Modesto CA 95357 $26.00 079-012-026-000 BARCELO PATRICIA 3920 ELLENBORO AVE Modesto CA 95357 $26.00 079-012-027-000 MATA JUAN W ETA L 3924 ELLENBORO AVE Modesto CA 95357 $26.00 079-012-028-000 SALINAS ELIZABETH & ALBERT 556 CODINGTON WAY Modesto CA 95357 $26.00 079-012-029-000 AUSTIN BEVERLY 552 CODINGTON WAY Modesto CA 95357 $26.00 079-012-030-000 VALLADOLID RAMIRO & DE VALLADOLID MA CRUZ COBARRUB 548 CODINGTON WAY Modesto CA 95350 $26.00
079-012-031-000 CHAIREZ MICHAEL 544 CODINGTON WAY Modesto CA 95357 $26.00 079-012-032-000 TAH 2016-1 BORROWER LLC 540 CODINGTON WAY Modesto CA 95357 $26.00 #13..
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Landscape Maintenance Assessment District No. 1
2022-2023 Engineer’s Annual Report Page 18
Fee Parcel Owner Address City State Zip 2022-23 Ast.
079-012-033-000 MC CLELLAN BRYCE 3925 GATESVILLE AVE Modesto CA 95357 $26.00 079-012-034-000 WILDEMAN GALEN J 3921 GATESVILLE AVE Modesto CA 95354 $26.00 079-012-035-000 RATANA KAM & RATANA TIMOTHY 3917 GATESVILLE AVE Modesto CA 95357 $26.00 079-012-036-000 SORIA RUBEN & SORIA GLORIA L 3913 GATESVILLE AVE Modesto CA 95357 $26.00 079-012-037-000 ORNELAS GABRIEL M & KATLYN T 3909 GATESVILLE AVE Modesto CA 95357 $26.00 079-012-038-000 TORRES VICTOR MANUEL & PANTOJA MARIA 3905 GATESVILLE AVE Modesto CA 95357 $26.00 079-012-039-000 OLMOS GUADALUPE 3901 GATESVILLE AVE Modesto CA 95357 $26.00 079-012-040-000 GRAVES LINDA M 3825 GATESVILLE AVE Modesto CA 95357 $26.00 079-012-041-000 TUERS TERRY B & TUERS LENORE L 3821 GATESVILLE AVE Modesto CA 95357 $26.00 079-012-042-000 KINNE DONNELLY & SUSAN N TRS 3817 GATESVILLE AVE Modesto CA 95357 $26.00 079-012-043-000 ORNELAS RUI & ELISANGELA 3813 GATESVILLE AVE Modesto CA 95357 $26.00 079-012-044-000 BUSH CHARLES F & BUSH DONNA L 3809 GATESVILLE AVE Modesto CA 95357 $26.00 079-012-045-000 PENA JOSEPH 3805 GATESVILLE AVE Modesto CA 95354 $26.00 079-012-046-000 ODISHO CATHERINE ET AL 3801 GATESVILLE AVE Modesto CA 95357 $26.00 079-012-047-000 SHEPHERD NORMAN E & LISA N 3725 GATESVILLE AVE Modesto CA 95357 $26.00 079-012-048-000 BARTHOLOMEW RUSSELL RAY 3721 GATESVILLE AVE Modesto CA 95357 $26.00 079-012-049-000 RUSSELL GARRICK 3717 GATESVILLE AVE Modesto CA 95357 $26.00 079-012-050-000 JENSEN STEVEN H & TONJA R 3713 GATESVILLE AVE Modesto CA 95357 $26.00 079-012-051-000 PATEL JAGUBHAI & PATEL GANGABEN 3709 GATESVILLE AVE Modesto CA 95357 $26.00 079-012-052-000 NELSON LESTER J & NELSON CRESENCIA 3705 GATESVILLE AVE Modesto CA 95326 $26.00 079-012-053-000 MUTOZA CRAIG J 3701 GATESVILLE AVE Modesto CA 95357 $26.00 079-013-001-000 HERNANDEZ ELI U ET AL 521 WADDELL WAY Modesto CA 95357 $26.00 079-013-002-000 VARGAS EDWARD J & RACHELLE DEE TRS 525 WADDELL WAY Modesto CA 95357 $26.00 079-013-003-000 ROCHA JAMES JOHN TRS ET AL 529 WADDELL WAY Modesto CA 95354 $26.00 079-013-004-000 VANDERHEIDEN ROBIN 533 WADDELL WAY Modesto CA 95357 $26.00 079-013-005-000 CORREA ARMANDO M JR & IRMA A 537 WADDELL WAY Modesto CA 95356 $26.00 079-013-006-000 RIVERA GRISELDA 3700 GATESVILLE AVE Modesto CA 95357 $26.00 079-013-007-000 BATEMAN WALTER 3704 GATESVILLE AVE Modesto CA 95357 $26.00 079-013-008-000 GOUVEIA JOHN E & TERRE L TRS 3708 GATESVILLE AVE Modesto CA 95357 $26.00 079-013-009-000 REYES RENE ET AL 3712 GATESVILLE AVE Modesto CA 95357 $26.00 079-013-010-000 LE CANH & TIEU MY HA 3716 GATESVILLE AVE Modesto CA 95357 $26.00 079-013-011-000 AYALA DIEGO ADRIAN ET AL 3720 GATESVILLE AVE Modesto CA 95357 $26.00 079-013-012-000 MARTINEZ MA DEL REFUGIO MORA 3724 GATESVILLE AVE Modesto CA 95357 $26.00 079-013-013-000 MARTINEZ PEDRO & IRMA 3800 GATESVILLE AVE Modesto CA 95357 $26.00 079-013-014-000 LONN JASON ASHLEY & ROCHELLE JOAN 3804 GATESVILLE AVE Modesto CA 95357 $26.00 079-013-015-000 GOLIB VILMA 3808 GATESVILLE AVE Modesto CA 95357 $26.00 079-013-016-000 PARKINSON MARK & DIANE 3812 GATESVILLE AVE Modesto CA 95357 $26.00 079-013-017-000 BROWN WILLIAM K & SHAMIRAN A 3816 GATESVILLE AVE Modesto CA 95357 $26.00 079-013-018-000 OXFORD DAVID C JR 3820 GATESVILLE AVE Modesto CA 95357 $26.00 079-013-019-000 TAPIA YER YANG ET AL 3824 GATESVILLE AVE Modesto CA 95357 $26.00 079-013-020-000 PHILLIPS AUDREY M 3900 GATESVILLE AVE Modesto CA 95357 $26.00 079-013-021-000 ELLIOTT CRAIG 3904 GATESVILLE AVE Modesto CA 95357 $26.00 079-013-022-000 WADE THAREN SCOTT II 3908 GATESVILLE AVE Modesto CA 95357 $26.00 079-013-023-000 GUARDADO ARIEL 3912 GATESVILLE AVE Modesto CA 95357 $26.00 079-013-024-000 JOLLIFF GARTH E & COEY-JOLLIFF KATHERINE A TRS 3916 GATESVILLE AVE Modesto CA 95357 $26.00 079-013-025-000 BAXTER RACHEL A 3920 GATESVILLE AVE Modesto CA 95357 $26.00 079-013-026-000 YIP AARON K & ELISE H 3924 GATESVILLE AVE Modesto CA 95357 $26.00 079-013-027-000 FARIAS ROBERTO F & ELIZABETH 536 CODINGTON WAY Modesto CA 95357 $26.00 079-013-028-000 MORENO EDUARDO MARTINEZ 532 CODINGTON WAY Modesto CA 95350 $26.00 079-013-029-000 ZAVALA CLEMENTE JR & ZAVALA IRMA 528 CODINGTON WAY Modesto CA 95357 $26.00 079-013-030-000 OCHOA SANJUANA 524 CODINGTON WAY Modesto CA 95357 $26.00 079-013-031-000 MIRANDA SERGIO & SANDRA C 520 CODINGTON WAY Modesto CA 95357 $26.00 079-013-032-000 DELACRUZ JENNIFER ROBYN 3925 LAURENBURG AVE Modesto CA 95357 $26.00 079-013-033-000 LE NHI UYEN 3921 LAURENBURG AVE Modesto CA 95357 $26.00 079-013-034-000 RODRIGUEZ MANUEL & MARIA E TRS 3917 LAURENBURG AVE Modesto CA 95357 $26.00 #13..
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Landscape Maintenance Assessment District No. 1
2022-2023 Engineer’s Annual Report Page 19
Fee Parcel Owner Address City State Zip 2022-23 Ast.
079-013-035-000 GUZMAN JONATHAN 3913 LAURENBURG AVE Modesto CA 95357 $26.00 079-013-036-000 HENDERSON DAVID DUANE TR 3909 LAURENBURG AVE Modesto CA 95357 $26.00 079-013-037-000 SHAMESALDIN JOHNY K & SHAMESALDIN MUNA M 3905 LAURENBURG AVE Modesto CA 95357 $26.00 079-013-038-000 JOSEPHSON JOSEPH CLAYTON 3901 LAURENBURG AVE Modesto CA 95357 $26.00 079-013-039-000 MELENDEZ MARIA & WALKER DANIEL 3825 LAURENBURG AVE Modesto CA 95357 $26.00 079-013-040-000 TREVINO TONY & GERALDINE 3821 LAURENBURG AVE Modesto CA 95357 $26.00 079-013-041-000 HERNANDEZ SALVADOR M & HERNANDEZ NILDA M 3817 LAURENBURG AVE Modesto CA 95357 $26.00 079-013-042-000 PINAL RAMIRO ET AL 3813 LAURENBURG AVE Modesto CA 95357 $26.00 079-013-043-000 AQUINO J GABRIEL MENDOZA & MENDOZA NIEVES 3809 LAURENBURG AVE Modesto CA 95357 $26.00 079-013-044-000 ATHNEIL GEORGE K & ATHNEIL INAAM M 3805 LAURENBURG AVE Modesto CA 95357 $26.00 079-013-045-000 ALVARADO ALFONSO F 3801 LAURENBURG AVE Modesto CA 95357 $26.00 079-013-046-000 DUNN JAY ALAN TR 3725 LAURENBURG AVE Modesto CA 95357 $26.00 079-013-047-000 WATKINS WALLY T & LAUREN A 3721 LAURENBURG AVE Modesto CA 95357 $26.00 079-013-048-000 CHAND VIJAY ET AL 3717 LAURENBURG AVE Modesto CA 95357 $26.00 079-013-049-000 SABINIANO MARLON N ET AL 3713 LAURENBURG AVE Modesto CA 95357 $26.00 079-013-050-000 FREY SHERYL LYNN 3709 LAURENBURG AVE Modesto CA 95357 $26.00 079-013-051-000 GARDUNO IRINEO ET AL 3705 LAURENBURG AVE Modesto CA 95357 $26.00 079-013-052-000 LOPEZ MARIO & LUZ ELVIRA 3701 LAURENBURG AVE Modesto CA 95357 $26.00 079-014-001-000 GARCIA MIGUEL & GARCIA MARIA 449 WADDELL WAY Modesto CA 95357 $26.00 079-014-002-000 CABAGNOT DOLORES R & FLYNN G 501 WADDELL WAY Modesto CA 95357 $26.00 079-014-003-000 CRUZ ZANDHER LYN ET AL 505 WADDELL WAY Modesto CA 95357 $26.00 079-014-004-000 WILSON KELLIE MICHELLE & RYAN CHRISTOPHER 509 WADDELL WAY Modesto CA 95357 $26.00 079-014-005-000 NOUN SAMNANG 513 WADDELL WAY Modesto CA 95357 $26.00 079-014-006-000 SANCHEZ JOSE L & MADRIGAL ALICIA 517 WADDELL WAY Modesto CA 95357 $26.00 079-014-007-000 AUSTIN CATHERINE ANN TR 3700 LAURENBURG AVE Modesto CA 95357 $26.00 079-014-008-000 BECERRA-BARRERA GERMAN & BECERRA LUISA G 3704 LAURENBURG AVE Modesto CA 95357 $26.00 079-014-009-000 MILTON JEANNIE 3708 LAURENBURG AVE Modesto CA 95357 $26.00 079-014-010-000 CASTRO GREGORY ALAN & BARBARA LYNN TRS 3712 LAURENBURG AVE Modesto CA 95357 $26.00 079-014-011-000 DIXON GARY W TR 3716 LAURENBURG AVE Modesto CA 95357 $26.00 079-014-012-000 AMES ADELE TR 3720 LAURENBURG AVE Modesto CA 95357 $26.00 079-014-013-000 WARNER JO ANNE 3724 LAURENBURG AVE Modesto CA 95357 $26.00 079-014-014-000 GARCIA THERESA L 3800 LAURENBURG AVE Modesto CA 95357 $26.00 079-014-015-000 BERGHORST REBECCA L ET AL 3804 LAURENBURG AVE Modesto CA 95354 $26.00 079-014-016-000 GLOVER KEITH R & MENDOZA ARACELI CORRAL 3808 LAURENBURG AVE Modesto CA 95357 $26.00 079-014-017-000 DHIR ASHIKA ET AL 3812 LAURENBURG AVE Modesto CA 95357 $26.00 079-014-018-000 RIVERA DAYSI M 3816 LAURENBURG AVE Modesto CA 95357 $26.00 079-014-019-000 HUYNH NGOCDUNG THI ET AL 3820 LAURENBURG AVE Modesto CA 95357 $26.00 079-014-020-000 CASTANEDA JOSE J & MARGARET 3824 LAURENBURG AVE Modesto CA 95357 $26.00 079-014-021-000 GUZMAN MIRIAM & FLORES MARTIN 3900 LAURENBURG AVE Modesto CA 95357 $26.00 079-014-022-000 SEUGA HOWLAND P 3904 LAURENBURG AVE Modesto CA 95357 $26.00 079-014-023-000 TORRES JOSE DE JESUS & TORRES MARIA DOLORES 3908 LAURENBURG AVE Modesto CA 95357 $26.00 079-014-024-000 HO KAI-YIN SILAS & WANG LI 3912 LAURENBURG AVE Modesto CA 95357 $26.00 079-014-025-000 OAKLEY CHRISTOPHER PERRY & JACQUELINE 3916 LAURENBURG AVE Modesto CA 95357 $26.00 079-014-026-000 TRAN TRUYEN THANH & NGUYEN HUNG P 3920 LAURENBURG AVE Modesto CA 95357 $26.00 079-014-027-000 THOMPSON JAMIE ROBERTA 3924 LAURENBURG AVE Modesto CA 95357 $26.00 079-014-028-000 PIERCE FRANKLIN C & JODI L 516 CODINGTON WAY Modesto CA 95357 $26.00 079-014-029-000 PRASAD SURESH & PRASAD MUNI L 512 CODINGTON WAY Modesto CA 95357 $26.00 079-014-030-000 CASTELLANOS RIGOBERTO 508 CODINGTON WAY Modesto CA 95357 $26.00 079-014-031-000 NUON SOPHEAP & OUM SAVANARA 504 CODINGTON WAY Modesto CA 95357 $26.00 079-014-032-000 ROCHA ROBERTO T 500 CODINGTON WAY Modesto CA 95357 $26.00 079-014-033-000 ATWOOD BOBBY D 3925 WILKESBORO AVE Modesto CA 95357 $26.00 079-014-034-000 BEST JERROLIN E 3921 WILKESBORO AVE Modesto CA 95357 $26.00 079-014-035-000 GIOVANNONI CASEY L 3917 WILKESBORO AVE Modesto CA 95357 $26.00 079-014-036-000 MALIK ROBERT 3913 WILKESBORO AVE Modesto CA 95357 $26.00 079-014-037-000 VACA ANDRES SERVIN 3909 WILKESBORO AVE Modesto CA 95357 $26.00 #13..
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Landscape Maintenance Assessment District No. 1
2022-2023 Engineer’s Annual Report Page 20
Fee Parcel Owner Address City State Zip 2022-23 Ast.
079-014-038-000 CHAU VINCENT 3905 WILKESBORO AVE Modesto CA 95357 $26.00 079-014-039-000 ROSAS CLAUDIA L & SAMUEL 3901 WILKESBORO AVE Modesto CA 95357 $26.00 079-014-040-000 YOUNG HOLLY M ET AL 3825 WILKESBORO AVE Modesto CA 95357 $26.00 079-014-041-000 FAMA JOSELITO & FAMA DOROTEA 3821 WILKESBORO AVE Modesto CA 95357 $26.00 079-014-042-000 CICERO THEODORE JR & CAROL 3817 WILKESBORO AVE Modesto CA 95357 $26.00 079-014-043-000 CABRERA THOMAS & CABRERA JANET S L 3813 WILKESBORO AVE Modesto CA 95357 $26.00 079-014-044-000 RIVERA LOUIS S & LOUELLA J TRS 3809 WILKESBORO AVE Modesto CA 95357 $26.00 079-014-045-000 JARAMILLO ARTURO 3805 WILKESBORO AVE Modesto CA 95357 $26.00 079-014-046-000 ROGERS MEGAN ET AL 3801 WILKESBORO AVE Modesto CA 95357 $26.00 079-014-047-000 BATTAN KRISHAN RAAJ 3725 WILKESBORO AVE Modesto CA 95357 $26.00 079-014-048-000 BAINS SARVSATINDER & BELBINDER K 3721 WILKESBORO AVE Modesto CA 95357 $26.00 079-014-049-000 BOUCHER GARY C & BOUCHER DENISE K 3717 WILKESBORO AVE Modesto CA 95357 $26.00 079-014-050-000 POWLEY ANAMARIA 3713 WILKESBORO AVE Modesto CA 95357 $26.00 079-014-051-000 PRASAD GEORGE & PRASAD LALITA 3709 WILKESBORO AVE Modesto CA 95357 $26.00 079-014-052-000 WARD JODY LEE & CHEN QIAO 3705 WILKESBORO AVE Modesto CA 95357 $26.00 079-014-053-000 BENJAMIN LINDA & EUGENE 3701 WILKESBORO AVE Modesto CA 95357 $26.00 079-016-001-000 COLLINS TOMMY S 440 WADDELL WAY Modesto CA 95357 $26.00 079-016-002-000 BIRD BYRON M 3704 WILKESBORO AVE Modesto CA 95357 $26.00 079-016-003-000 BARNES REECE WAYNE 3708 WILKESBORO AVE Modesto CA 95357 $26.00 079-016-004-000 BIERMAN ALLEN 3712 WILKESBORO AVE Modesto CA 95357 $26.00 079-016-005-000 PRASAD VIJAY 3716 WILKESBORO AVE Modesto CA 95357 $26.00 079-016-006-000 GONZALEZ JOSE 3720 WILKESBORO AVE Modesto CA 95357 $26.00 079-016-007-000 GONZALEZ JAIME J & SAUCEDA PERLA R 3800 WILKESBORO AVE Modesto CA 95357 $26.00 079-016-008-000 KOHN RONALD & JUANITA I 3804 WILKESBORO AVE Modesto CA 95357 $26.00 079-016-009-000 CANCINO DANIEL DISU & FEDERICA BERNARTE TRS 3808 WILKESBORO AVE Modesto CA 95354 $26.00 079-016-010-000 ROSALES JOSE L & FRANCO MARIA T 3812 WILKESBORO AVE Modesto CA 95357 $26.00 079-016-011-000 STINHILVER WILLARD & STINHILVER MARLENE 3816 WILKESBORO AVE Modesto CA 95357 $26.00 079-016-012-000 CAMERON CHERYLE A 3820 WILKESBORO AVE Modesto CA 95357 $26.00 079-016-013-000 TORRES LUIS BENITEZ 3824 WILKESBORO AVE Modesto CA 95357 $26.00 079-016-014-000 LUZUNARIS MIGUEL ORLANDO 3900 WILKESBORO AVE Modesto CA 95357 $26.00 079-016-015-000 OU KANG YE & LIANG LIZHEN 3904 WILKESBORO AVE Modesto CA 95354 $26.00 079-016-016-000 VILLASENOR RICARDO & ANA L RAMINEZ DE 3908 WILKESBORO AVE Modesto CA 95357 $26.00 079-016-017-000 MANSOUR ALEN M 3912 WILKESBORO AVE Modesto CA 95357 $26.00 079-016-018-000 EASTHAM GLENDA S 3916 WILKESBORO AVE Modesto CA 95357 $26.00 079-016-019-000 GUZMAN HORACIO GARNICA & ALICIA BARBOSA 3920 WILKESBORO AVE Modesto CA 95357 $26.00 079-016-020-000 SOLORIO SAMMY 3924 WILKESBORO AVE Modesto CA 95357 $26.00 079-016-021-000 SINGH AJESH & AACHAL 440 CODINGTON WAY Modesto CA 95357 $26.00 079-016-022-000 JOHNSON ALOMA J & VELTON JR 436 CODINGTON WAY Modesto CA 95357 $26.00 #13..
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CITY OF MODESTO
COUNCIL AGENDA REPORT
DATE OF MEETING:
June 28, 2022
Date: June 6, 2022
TO: Mayor and City Council
THROUGH: Joseph P. Lopez, City Manager
FROM: Jaylen French, Director of Community and Economic Development SUBJECT: Fiscal Year 2022-23 Annual Assessment for Landscape Maintenance Assessment District No. 2 for Dry Creek Meadows Subdivisions Nos. 7-10, Creekwood Meadows Subdivision and Yosemite Meadows Subdivision Units 1 & 2
CONTACT: Jessica Hill, Community Development Manager
[email protected], 209-577-5211
DESCRIPTION:
Hearing to consider approving the Fiscal Year 2022-23 diagram and annual assessment and ordering the levy and collection of charges within Landscape Maintenance Assessment District No. 2 for Dry Creek Meadows Subdivisions Nos. 7-10, Creekwood Meadows Subdivision, and Yosemite Meadows Subdivision Units 1 & 2. (Funding Source: Landscape Maintenance Assessment District No. 2)
STRATEGIC PLAN ELEMENT:
The recommended action supports the City of Modesto’s 2020-2025 Strategic Plan Goal D to provide safe, efficient, and reliable infrastructure through proactive community investment, maintenance and sustainability efforts.
BACKGROUND:
On April 4, 1989, the City of Modesto formed Landscape Maintenance District No. 2 (LMAD No. 2), in accordance with California Streets and Highways Code Sections 22500 through 22679, more commonly known as the Landscape and Lighting Act of 1972 (the Act). LMAD No. 2 provides funding for the landscape maintenance in the public right-of-way within street medians and areas adjacent to the concrete block walls in Dry Creek Meadows Subdivisions Nos. 7-10, Creekwood Meadows Subdivision, and Yosemite Meadows Subdivisions Units 1 and 2. LMAD No. 2 is located east of North McClure Road, south of Mechalys Way, west of Yosemite Meadows Drive, and north of Yosemite Boulevard. A boundary map is provided as Attachment
2. #14..
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City Council, June 28, 2022
Fiscal Year 2022-23 Annual Assessment for Landscape Maintenance Assessment District No. 2 for Dry Creek Meadows Subdivisions Nos. 7-10, Creekwood Meadows Subdivision and Yosemite Meadows Subdivision Units 1 & 2