Modesto City Council
August 23, 2022

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

CITY COUNCIL MEETING
Chambers, Basement Level
Tenth Street Place, 1010 10th Street
Modesto, California
Tuesday, August 23, 2022 at 5:30 PM
*Roll Call - Councilmembers Escutia-Braaton, Kenoyer, Madrigal, Ricci, Wright, Mayor Zwahlen
* Some Councilmembers may be participating in the meeting remotely via teleconferencing or other electronic means consistent with the AB 361.
“Wordly” can translate into 25+ different languages! To access written translation during the meeting, please scan the QR Code or click this link https://attend.wordly.ai/join/RJDY-6364.
"Wordly" puede traducir a más de 25 idiomas diferentes! Para acceder a la traducción durante la reunión, por favor escanee el código QR o haga clic en el enlace https://attend.wordly.ai/join/RJDY-6364.

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

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

You may observe a livestream of the meeting at http://media.modestogov.com. You may also participate in the meeting as indicated below.
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PARTICIPATING IN CITY COUNCIL MEETINGS IN CONFORMANCE WITH AB 361
The City of Modesto is providing alternatives to view Council meetings and provide public comments. If you wish to make either a general public comment or to comment on a specific agenda item, you may use one of the following options:

SUBMITTING COMMENTS BY E-MAIL
Written comments may be submitted via email to: [email protected] (include Agenda Item Number in the subject line). All comments will be shared with the Councilmembers and placed in the record but will not be read aloud during the meeting. Written comments must be received by 3:00 p.m. on the day of the meeting.

VIRTUAL PARTICIPATION BY ZOOM VIDEO

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

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

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

USING A COMPUTER OR SMART PHONE APP:
 Click on the “Raise Hand” feature in the webinar controls. This will notify City staff that you have raised your hand.
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 City staff will unmute your microphone when it is your turn to provide public comment.
 A prompt will appear to confirm you would like to be unmuted and then you will have three minutes to provide public comment.
 Once your public comment has ended, you will be muted again.

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

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

ACKNOWLEDGEMENTS AND PRESENTATIONS

1. Presentation of Proclamation declaring August 26, 2022 as Women's Equality Day (Funding Source: Not Applicable)
CITY COUNCIL; Kathy Espinoza, 209-571-5597, [email protected]

2. Presentation of Proclamation proclaiming September 17, 2022 as National Clean Up Day (Funding Source: Not Applicable)
CITY COUNCIL; Kathy Espinoza, 209-571-5597, [email protected]

3. Presentation of Proclamation proclaiming September 2022 as National Suicide Prevention and Action Month (Funding Source: Not Applicable) CITY COUNCIL; Kathy Espinoza, 209-571-5597, [email protected] - 3 -
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4. Presentation to Mayor Zwahlen from Modesto Composite MTB Race Team - The Dust Devils for their appreciation in her attendance at the inaugural youth mountain bike race she attended in April. (Funding Source: Not Applicable) CITY COUNCIL; Kathy Espinoza, 209-571-5597, [email protected]

MISCELLANEOUS
Legislation, Appointments, Other

5. Consider accepting the resignation of Sarah Kashefi from the City’s Blight Abatement Advisory Committee. (Funding Source: Not Applicable)
Staff Recommendation:
 Resolution accepting the resignation of Sarah Kashefi from the City of Modesto Blight Abatement Advisory Committee.

CITY MANAGER; Scotty Douglass, 209-577-9149, [email protected]

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

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

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

This Agenda is on file at the Modesto-Stanislaus Library Reference Room, 1500 I Street, Modesto, in the City Clerk’s Office, Sixth Floor, 10th Street Place, and is available on the City’s Web site at www.modestogov.com.

In accordance with the requirements of Title II of the Americans with Disabilities Act - 4 -
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(“ADA”) of 1990, the Fair Employment & Housing Act (“FEHA”), the Rehabilitation Act of 1973 (as amended), Government Code section 11135 and other applicable codes, the City of Modesto (“City”) will not discriminate against individuals on the basis of disability in the City’s services, programs, or activities. For more information, please visit the City of Modesto website at https://www.modestogov.com/865/Americans-with-Disabilities-Act-ADA In compliance with the Americans with Disabilities Act, if you need special assistance to participate in this meeting, please contact the City Clerk (209) 577-5396. Notification 48 hours prior to the meeting will enable the City to make reasonable arrangements to ensure accessibility to this meeting.

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

Consent

6. Consider approving the minutes from the August 9, 2022 Council Meeting. (Funding Source: Not Applicable)
Staff Recommendation:
 Motion approving the minutes from the August 9, 2022 Council Meeting.

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

7. Consider approving final adoption of Ordinance 3747-C.S. amending Section 17-3-9 of the zoning map to rezone from Low-Density Residential Zone, R-1, and Commercial Industrial Zone, C-M, to Planned Development Zone, P-D(615), for property located at 1601 and 1625 McHenry Avenue (City initiated). (Funding Source: General Fund) Staff Recommendation:
 Motion approving final adoption of Ordinance 3747-C.S. amending Section 17- 3-9 of the zoning map to rezone from Low-Density Residential Zone, R-1, and Commercial Industrial Zone, C-M, to Planned Development Zone, P-D(615), for property located at 1601 and 1625 McHenry Avenue (City initiated).

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

8. Consider approving final adoption of Ordinance 3748-C.S. amending the Zoning Map to rezone property located at 1707 McHenry Ave. from Commercial-Industrial Zone to General Commercial Zone. (Funding Source: General Fund) Staff Recommendation:
 Motion approving final adoption of Ordinance 3748-C.S. amending the Zoning Map to rezone property located at 1707 McHenry Ave. from CommercialIndustrial Zone to General Commercial Zone.

CITY CLERK; Diane Nayares-Perez, 209-577-5396, [email protected] Consent
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9. Consider appointing a voting delegate to the 2022 League of California Cities Annual Conference to be held in Long Beach, CA on September 7-9, 2022. (Funding Source:

Not Applicable)
Staff Recommendation:
 Motion approving Councilmember Madrigal as a voting delegate and Mayor Zwahlen as the alternate for the 2022 League of California Cities Annual Conference to be held in Long Beach, CA on September 7-9, 2022.

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

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

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

11. Consider approving a Fourth Amendment to the Legal Services Agreement with Allen, Glaessner, Hazelwood & Werth, LLP in the amount of $50,000, for a total agreement amount not to exceed $645,000 for continued representation. (Funding Source: General Liability Insurance Fund)
Staff Recommendation:
 Resolution approving a Fourth Amendment to the Legal Services Agreement with Allen, Glaessner, Hazelwood & Werth, LLP in the amount of $50,000, for a total agreement amount not to exceed $645,000, for continued representation and authorizing the City Manager or his designee, to execute the Amendment.

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

12. Consider approving a Second Amendment to the Construction Management Services Agreement with WSP USA Inc. for the State Route 132 West Freeway/Expressway - Phase 1 Project, increasing the Agreement amount by $621,745 plus $62,175 in additional services, if needed, from $11,764,074 for a total amount not to exceed $12,447,994. (Funding Source: Streets Capital Facility Fees) Staff Recommendation:
 Resolution approving a Second Amendment to the Construction Management Services Agreement with WSP USA Inc. for the State Route 132 West Freeway/Expressway - Phase 1 Project, increasing the Agreement amount by $621,745 plus $62,175 in additional services, if needed, from $11,764,074 for a total amount not to exceed $12,447,994, and authorizing the City Manager, or his designee to execute the Second Amendment to Agreement.

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

13. Consider approving a Sixth Amendment to the Professional Design Services - 6 -
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Agreement for the State Route 132 West Freeway/Expressway - Phase 1 Project with Dokken Engineering, increasing the Agreement amount by $154,858 from $9,245,225 to a total amount not to exceed $9,400,083. (Funding Source: Regional Measure L) Staff Recommendation:
 Resolution approving a Sixth Amendment to the Professional Design Services Agreement for the State Route 132 West Freeway/Expressway - Phase 1 Project with Dokken Engineering, increasing the Agreement amount by $154,858 from $9,245,225 to a total amount not to exceed $9,400,083, and authorizing the City Manager, or his designee, to execute the Sixth Amendment.

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

14. Consider approving a Will Serve Letter and Outside Service Agreement for Sewer Service for the property located at 1420 Elsie Street (APN: 037-030-059). (Funding Source: Sewer Fund, General Fund)
Staff Recommendation:
 Resolution approving a Will Serve Letter and Outside Service Agreement to connect to the City of Modesto’s existing sewer system for the property located at 1420 Elsie Street (APN: 037-030-059), and authorizing the City Manager, or his designee, to sign the Will Serve Letter and execute the Outside Service Agreement.

CED; Toby Wells, 209-571-5542, [email protected]
Consent

15. Consider approving the Amended and Restated Memorandum of Agreement with Stanislaus County for the Preliminary Engineering including Final Design Phase of the 7th Street Bridge Project and amending the Fiscal Year 2022-2023 Capital Improvement Program budget. (Funding Source: Streets Capital Facility Fees and Water Fund)
Staff Recommendation:
 Resolution approving the Amended and Restated Memorandum of Agreement for the Preliminary Engineering including Final Design Phase of the 7th Street Bridge Project with Stanislaus County increasing the City’s share by $359,278, for a new total amount of $703,778, and authorizing the City Manager, or his designee to execute the Agreement.
 Resolution amending the Fiscal Year 2022-2023 Capital Improvement Program (CIP) Budget, Project #100586 in the amount of $261,293 to fund the Amended and Restated Memorandum of Agreement and authorizing the City Manager, or his designee, to take the necessary steps to implement the provisions of this resolution.

CED; Toby Wells, 209-571-5542, [email protected]
Consent

16. Consider approving the competitive bidding process for various Fleet Additions and Replacement Vehicles which includes four Forklifts, six One-ton Trucks, and seven One-ton Stake Side Trucks in the amount not to exceed $1,295,331 and approving - 7 -
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updated pricing for two bid events for Fleet Replacement Vehicles by $55,806. (Funding Source: Fleet Replacement Fund and Modesto Police Grant) Staff Recommendation:
 Resolution approving the competitive bidding process from State Department of General Services (DGS) with Cromer Material Handling, Pasadena, CA for four Forklifts for a total amount not to exceed $155,539; and authorizing the Purchasing Manager, or her designee, to issue the Purchase Order.  Resolution approving the Award of Bid for six One-Ton Trucks to Towne Ford Sales, Redwood City, CA for a total amount not to exceed $536,924; and authorizing the Purchasing Manager, or her designee, to issue the Purchase Order.
 Resolution approving the Award of Bid for seven One-Ton Stake Side Dump Trucks to Towne Ford Sales, Redwood City, CA for a total amount not to exceed $602,868; and authorizing the Purchasing Manager, or her designee, to issue the Purchase Order.
 Resolution approving an increase to the amount for the purchase of two Packer Trucks to Western Truck Center, Stockton, CA by $13,282, increasing the Purchase Order from $501,078 to a new total amount not to exceed $514,360, and authorizing the Purchasing Manager, or her designee, to update the Purchase Order.
 Resolution approving an increase to the amount for the purchase of one Chlorine Truck to Interstate Truck Center, Stockton, CA by $42,524, increasing the Purchase Order from $192,601 to a new total amount not to exceed $235,125, and authorizing the Purchasing Manager, or her designee, to update the Purchase Order.

FINANCE DEPARTMENT; Cynthia Kline, 209-577-5412, [email protected]

COUNCIL COMMENTS & REPORTS

CITY MANAGER COMMENTS & REPORTS

UNFINISHED BUSINESS

17. Consider accepting the Forward Together working group recommendations report and directing staff to carry out the appropriate next steps. (Funding Source: Not Applicable)
 Resolution accepting the Forward Together working group recommendations report and directing staff to carry out the appropriate next steps.

CITY MANAGER; Allison Van Guilder, 209-577-5228, [email protected]

NEW BUSINESS

18. Consider approving the plans and specifications for the Briggsmore Avenue and Orangeburg Avenue Pavement Rehabilitation Project, accepting the bid, and awarding a contract to United Pavement Maintenance, Inc. of Hughson, CA, in the amount of $7,251,603; authorizing the Director of Utilities to approve Change Orders up to the - 8 -
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cumulative amount of $725,160; approving an Agreement with TRC Engineers, Inc. of Lathrop, CA for Construction Management and Inspection Services in an amount not to exceed $474,378, plus $47,438 for additional services, if needed, for a total amount not to exceed $521,816; and amending the Fiscal Year 2022-2023 Capital Improvement Program (CIP) budget in the amount of $1,408,995. (Funding Source:

Local Measure L Funds)
Staff Recommendation:
 Resolution approving the plans and specifications for the Briggsmore Avenue and Orangeburg Avenue Pavement Rehabilitation Project, accepting the bid, and awarding a contract to United Pavement Maintenance, Inc. of Hughson, CA, in the amount of $7,251,603, and authorizing the City Manager, or his designee to execute the Agreement.
 Resolution authorizing the Director of Utilities to approve Change Orders up to the cumulative amount of $725,160 (10% of the original contract price) for the Briggsmore Avenue and Orangeburg Avenue Pavement Rehabilitation Project.  Resolution approving an Agreement with TRC Engineers, Inc. of Lathrop, CA for Construction Management and Inspection Services for the Briggsmore Avenue and Orangeburg Avenue Pavement Rehabilitation Project in an amount not to exceed $474,378, plus $47,438 for additional services, if needed, for a total amount not to exceed $521,816, and authorizing the City Manager, or his designee to execute the Agreement.
 Resolution amending the Fiscal Year 2022-2023 Capital Improvement Program (CIP) budget, Project #101246, #101248, and #101250 in the amount of $1,408,995, and increasing the transfer from the Measure L – Local Road Tax Fund to fund the project and authorizing the City Manager, or his designee, to take the necessary steps to implement the provisions of this resolution.

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

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

ADJOURNMENT
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CLOSED SESSION
Please take notice that a special Closed Session meeting of the Council of the City of Modesto has been called pursuant to Section 2-1.02 of the Modesto Municipal Code to be convened on
TUESDAY, AUGUST 23, 2022 at 3:45 PM
and after the regularly scheduled meeting in the Tenth Street Place, Chambers Conference Room, Basement Level, 1010 Tenth Street, Modesto, California.

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

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

CLOSED SESSION

1. Consider appointing Real Property Negotiators Bill Sandhu, Public Works Director and Jose M. Sanchez, City Attorney for Property: APN: 036-023-002.

Motion appointing Real Property Negotiators Bill Sandhu, Public Works Director and Jose M. Sanchez, City Attorney for Property: APN: 036-023-002.

City Attorney, Jose M. Sanchez, 577-5284, [email protected] CONFERENCE WITH REAL PROPERTY NEGOTIATORS:
(Pursuant to Section 54956.8 of the Government Code)
Property: 617 Airport Way, Modesto, CA 95354, APN: 036-023-002 Property Owners: City of Modesto
Negotiating Parties:

For City: Bill Sandhu, Public Works Director
Jose M. Sanchez, City Attorney
For Leasee: Alex Somerville, Senior Vice President
Under Negotiation: Price and Terms of a Site Lease Option Agreement CONFERENCE WITH LEGAL COUNSEL — ANTICIPATED LITIGATION
One Case (Pursuant to Section 54956.9(d)(2) of the Government Code) - 10 -
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CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION
Two Cases (Pursuant to Section 54956.9(a) of the Government Code) Name of case(s): Brian Ferguson v. City of Modesto
California Workers Compensation Appeals Board
Nos. ADJ14429015
Craig Davis v. City of Modesto
California Workers Compensation Appeals Board
Nos. ADJ10611986 & ADJ11380747
CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION
Six Cases (Pursuant to Section 54956.9(d)(1) of the Government Code) Name of Case: Khatri Brothers v. City of Modesto
Stanislaus County Superior Court
Case No.: CV-19-001846
Baljit Athwal, et al. v. Stanislaus County et al.

United States Eastern District
Case No.: 1:15-CV-00311
Georgia DeFilippo, et al. v. Stanislaus County et al.

United States Eastern District
Case No.: 1:18-CV-00496
Frank Carson v. Stanislaus County et al.

United States Eastern District
Case No.: 2:20-AT-00513
Eduardo Quintanar, Jr. v. Stanislaus County et al.

United States Eastern District
Case No.: 1:18-CV-01402
Walter W. Wells & Scott McFarlane v. Stanislaus County et al.

United States Eastern District
Case No.: 1:20-CV-00770
Posted pursuant to Government Code Section 54954.2 on the bulletin board at Tenth Street Place on
at by
date time signature
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CITY OF MODESTO

COUNCIL AGENDA REPORT
DATE OF MEETING:

August 23, 2022
Date: July 26, 2022
TO: Mayor and City Council
THROUGH: Joseph P. Lopez, City Manager
FROM: Scotty Douglass, Deputy City Manager
SUBJECT: Blight Abatement Advisory Committee Resignation CONTACT: Scotty Douglass, Deputy City Manager, [email protected], (209) 577-9149
DESCRIPTION:

Consider accepting the resignation of Sarah Kashefi from the City’s Blight Abatement Advisory Committee. (Funding Source: Not Applicable)
STRATEGIC PLAN ELEMENT:

This action supports the City Council’s 2020-2025 Strategic Plan, Goal I, Promote Trust and Engagement.

BACKGROUND:

The Blight Abatement Advisory Committee consists of 9 members1 appointed by the City Council. The mission of the Blight Abatement Advisory Committee is to promote public engagement concerning blight abatement in the community and to make recommendations to the City regarding program improvements, potential funding opportunities, and support with increasing volunteerism.

DISCUSSION:

On April 13, 2021, by Resolution 2021-124, Ms. Kashefi was appointed to the Blight Abatement Advisory Committee. Ms. Kashefi formally resigned from the Blight Abatement Advisory Committee via email on July 22, 2022.

FISCAL IMPACT:

There is no fiscal impact related to this action.
1 The Blight Abatement Advisory Committee consists of 9 members. 7 members must be registered voters in the City of Modesto, and 2 members must live outside of Modesto City Limits and be registered voters in Stanislaus County. This is to encourage partnerships in communities where the City and County boundaries are adjacent to one another. https://www.modestogov.com/2758/Blight-Abatement-Advisory-Committee #5..
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City Council, August 23, 2022
Blight Abatement Advisory Committee Resignation

COMMITTEE RECOMMENDATION:

Citizen Advisory Committee resignations are not required to be reviewed by Council Committee.

Because the Blight Abatement Advisory Committee is a Citizen Advisory Committee, this item has not been reviewed by a Council Committee.

RECOMMENDED COUNCIL ACTION:

Staff Recommendations:

Resolution accepting the resignation of Sarah Kashefi from the City of Modesto Blight Abatement Advisory Committee.

Approved by:

Scotty Douglass, Deputy City Manager
Joseph P. Lopez, City Manager
Attachments:

1. Resolution
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MODESTO CITY COUNCIL
RESOLUTION NO. 2022-

RESOLUTION ACCEPTING THE RESIGNATION OF SARAH KASHEFI FROM

THE CITY OF MODESTO BLIGHT ABATEMENT ADVISORY COMMITTEE WHEREAS, Sarah Kashefi was appointed to serve as a member of the Blight Abatement Advisory Committee on April 13, 2021, by City Council Resolution 2021-124; and WHEREAS, Sarah Kashefi tendered her resignation from the Blight Abatement Advisory Committee, effective July 22, 2022.

NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Modesto that it hereby accepts the resignation of Sarah Kashefi from the Blight Abatement Advisory Committee.

The foregoing resolution was introduced at a regular meeting of the Council of the City of Modesto held on the 23rd of August 2022, by Councilmember , who moved its adoption, which motion being duly seconded by Councilmember , was upon roll call carried and the resolution adopted by the following vote:

AYES: Councilmembers:

NOES: Councilmembers:

ABSENT: Councilmembers:

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

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

MINUTES
City of Modesto

CITY COUNCIL MEETING
Chambers, Basement Level
Tenth Street Place, 1010 10th Street
Modesto, California
Tuesday August 09, 2022,
at 5:30 PM
Roll Call - Councilmembers Escutia-Braaton, Kenoyer, Madrigal, Ricci, Wright, Mayor Zwahlen
Pledge of Allegiance to the Flag
Invocation: Mike Brinton, The Church of Jesus Christ of Latter Day Saints City Clerk’s Announcements: None
Declaration of Conflicts of Interest: None
Reports from Closed Session: City Attorney Sanchez reported that there was no reportable action on closed session items.

ACKNOWLEDGEMENTS AND PRESENTATIONS

1. Stanislaus County Update (Funding Source: Not Applicable) CITY MANAGER; Joseph Lopez, 209-577-5223, [email protected] ACTION: Mani Grewal, Stanislaus County Board of Supervisor provided a County update.
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2. Presentation of Proclamation recognizing Assyrian Martyrs Remembrance Day (Funding Source: Not Applicable)
CITY COUNCIL; Kathy Espinoza, 209-571-5597, [email protected] ACTION Mayor Zwahlen read proclamation recognizing Assyrian Martyrs Remembrance Day and presented it to Carmen Morad, working with the CSU Stanislaus, SARGUIS Modern Assyrian Heritage project.

3. Presentation of Certificates of Recognition to members of the Forward Together Workgroup. (Funding Source: Not Applicable)
CITY MANAGER; Allison Van Guilder, 209-577-5223, [email protected] ACTION: Mayor Zwahlen presented Certificates of Recognition to members of the Forward Together Workgroup.

MISCELLANEOUS

4. Consider approving the appointment of Omar Silva to the Housing Rehabilitation Loan Committee with a term expiration of January 1, 2024. (Funding Source: Not Applicable)
Staff Recommendation:
 Resolution approving the appointment of Omar Silva to the Housing Rehabilitation Loan Committee (HRLC) as the Citizen’s Housing and Community Development Committee (CH&CDC) representative with a term expiration of January 1, 2024.

CED; Jessica Hill, 209-577-5321, [email protected]
ACTION: (Wright/Madrigal; 6/0) Resolution 2022-330 approving the appointment of Omar Silva to the Housing Rehabilitation Loan Committee (HRLC) as the Citizen’s Housing and Community Development Committee (CH&CDC) representative with a term expiration of January 1, 2024.

5. Consider reappointing Mary Ramirez to the Housing Rehabilitation Loan Committee, with a term expiration of December 31, 2025. (Funding Source: Not Applicable) Staff Recommendation:
 Resolution reappointing Mary Ramirez to the City of Modesto Housing Rehabilitation Loan Committee, with a term expiration of December 31, 2025.

CED; Jessica Hill, 209-577-5321, [email protected]
ACTION: (Wright/Ricci; 6/0) Resolution 2022-331 reappointing Mary Ramirez to the City of Modesto Housing Rehabilitation Loan Committee, with a term expiration of December 31, 2025.

6. Consider recommending appointments to fill six vacancies on the Equity Commission for a four-year term. (Funding Source: Not Applicable)
Staff Recommendation:
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 Resolution approving the appointments of Stacey Sottero, Lisa Battista, Maya Ramirez, Gabriella Fierro, A’Kia Walker, and Mayra Martinez to the Equity Commission with a term expiration of August 1, 2026.

HUMAN RESOURCES; Christina Alger, 209-571-5126, [email protected] ACTION: (Ricci/Escutia-Braaton; 6/0) Resolution 2022-332 approving the appointments of Stacey Sottero, Lisa Battista, Maya Ramirez, Gabriella Fierro, A’Kia Walker, and Mayra Martinez to the Equity Commission with a term expiration of August 1, 2026.

PUBLIC COMMENT PERIOD
 Louisa Bryant, commented on a 24 hour notice of an on-site inspection conducted by the city building inspector. She further referenced a photo that she distributed to the Council. She also commented on the notice of violation that was sent to the owners in March of this year.
 Wilson Trong, commented on the California Mortgage Relief Program that is part of the California Housing Finance Authority. The program provides mortgage assistance to qualified homeowners who have fallen behind on their housing payments or property tax payments due to pandemic-related financial hardships.

Information can be found at camortgagerelief.org.
 Steve Allen, commented that he was hopeful about certain aspects of what he sees through the work of the Forward Together Group, but now not so sure. He further commented about the Modesto Police Department and the shooting of Dylan Harvey and death of Paul Chavez, Jr.
 David Froba, NAACP stated that he is asking the City Council to get moving on the municipal golf course site and do something about the housing that is needed.  Ramon Rodriguez, spoke regarding the recent violence. He agrees with the previous speaker that the culture of violence is still going on. He commented about the Modesto Police Department, the incidents with Dylan Harvey and Paul Chavez, Jr. He asked the City of Modesto and the Forward Together Group to step it up.
 Leroy Gambrell, spoke in support of using the golf course for affordable housing.

He stated that taxpayers own 54 acres of land and there are approximately 14,500 unhoused persons in Modesto. He further referenced deed restrictions that were in place several years ago.
 Brittony Estrella Chavez, commented on the death of her husband Paul Davis Chavez, Jr. She is outraged with what occurred. She spoke about the Modesto Police Department and the District Attorney. She is demanding justice for her #6..
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husband. She further commented on Forward Together. She would like the City to stop talking about reform and do something before someone else is shot.  Sharon Froba, Housing Chair of the local NAACP spoke in support of using the 54 acres of the golf course for affordable housing. She also commented on deed restrictions that existed in 1940s-60s and provided a deed restriction from the Bernard Tract built in 1947.
 Theresa Clutter, mother in law of Paul Chavez, Jr., commented regarding his death. She spoke about his shooting and the Modesto Police Department. She asked how many non-threatening civilians need to be shot and asked why isn’t anyone taking action.
 Ron DeLoache, from West Modesto Community Collaborative and the West Modesto People of Action spoke in support of using the 54 acres at the golf course for housing. People are in desperate need of housing. They want to be able to speak out and have some positive reaction from the Council.  Alicia, stated she is speaking on behalf of Joshua Clutter. Paul Chavez, Jr. was her brother. She spoke about the time he has lost and stated that time, was chosen over her brother’s health. She further commented on his shooting and the Modesto Police Department.
 Austin Grant spoke in support of using the municipal golf course for housing.

People who grew up in West Modesto cannot even afford to live there. It would be a disservice to the community to not use that location for housing.  Patrick Worley commented about the death of Paul Chavez, Jr. Paul Chavez was a good father, husband and brother. There was not an urgency to save his life. He spoke about the Modesto Police Department and stated that Paul Chavez no longer has his voice, but the community will stand up and be his voice.  Bianca Lopez, stated she demands justice for Paul Chavez and Dylan Harvey. As the Council recognizes the Forward Together Group, she urges Council to be well prepared with questions and that they vote to pass the recommendations. She encourages Modesto Police Department to publish the names of officers that are trained in CHAT and have mental health training.
 Darlene Ruiz, Trevor Seever’s mother urged the City Council to pass the Forward Together recommendations and implement them. She asked that they make a real change in Modesto and make real change happen.
 Emerson Drake, spoke about transparency. He further spoke about the election public notice that was in the Modesto Bee and public records requests he has submitted.
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 Ana, Paul Chavez, Jr’s cousin spoke about his death and the Modesto Police Department. Paul Chavez was taken from his wife and family. She implored Council not to let this go.
 Rob Gibson, asked Council to revisit the City's ordinance about only having two dogs. Many homes have more than two dogs. The City would benefit from extra revenue for licensing fees. He would like the City to please review this and put it back to four animals per home.
 Eldo Harris wanted to thank the Modesto Police Department for meeting with him to discuss the tow rates.
 Thomas Helm stated that he is a member of the Forward Together Group, but will be speaking as a citizen of Modesto. He knows nothing that he says is going to make anybody feel better about the loss of a loved one. He joined the committee to make a difference. He wants to look back at his time on the committee and know that he did the right thing. He does not want to look back and nothing came of this and another incident like this happens.

Recessed: 7:24 p.m.

Reconvened: 7:30 p.m.

CONSENT ITEMS – ROLL CALL VOTE REQUIRED
ACTION CONSENT ITEMS 7-11, 13-16: (Kenoyer/Wright; 6/0)

CONSENT ITEMS
Consent

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

CITY CLERK; Diane Nayares-Perez, 209-577-5396, [email protected] ACTION: (Kenoyer/Wright; 6/0) Motion approving the minutes from the July 12, 2022 Council Meeting.

Consent

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

CITY ATTORNEY; Jose Sanchez, 209-577-5284, [email protected] ACTION: (Kenoyer/Wright; 6/0) Resolution 2022-333 continuing to authorize remote teleconference meetings of the City of Modesto pursuant to Assembly Bill 361. #6..
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Consent

9. Consider approving a First Amendment to the Agreement with Brenda Davis Law Group to provide cannabis equity consulting services for the development of a Cannabis Equity Program, increasing the Agreement amount by $49,050 from $40,000 to a new total of $89,050. (Funding Source: GO-Biz Cannabis Equity Grant Funds and General Fund)
 Resolution approving a First Amendment to the Agreement with Brenda Davis Law Group to provide cannabis equity consulting services for the development of a Cannabis Equity Program, increasing the Agreement amount by $49,050 from $40,000 to a total of $89,050 and authorizing the City Manager, or his designee, to execute the amendment.

CED; Jorge Barrera, 209-571-5179, [email protected] ACTION: (Kenoyer/Wright; 6/0) Resolution 2022-334 approving a First Amendment to the Agreement with Brenda Davis Law Group to provide cannabis equity consulting services for the development of a Cannabis Equity Program, increasing the Agreement amount by $49,050 from $40,000 to a total of $89,050 and authorizing the City Manager, or his designee, to execute the amendment.

Consent

10. Consider accepting the Monthly Investment Report for May 2022. (Funding Source:

Various Funds)
 Motion accepting the Monthly Investment Report for May 2022.

FINANCE DEPARTMENT; Calogero Maniscalco, 209-577-5219,
[email protected]
ACTION: (Kenoyer/Wright; 6/0) Motion accepting the Monthly Investment Report for May 2022.

Consent

11. Consider approving the Award of Proposal and Agreements to Public Financial Management (PFM) Financial Advisors LLC, San Francisco, California, for Municipal Advisory Services and PFM Swap Advisors LLC, San Francisco, California, for Annual Derivative Valuation Report for two years with three one-year extension options at a combined estimated annual amount of $150,000 and a total combined amount not to exceed $750,000 over the five years. (Funding Source: General Fund, Redevelopment Successor Agency, Water, Wastewater, and Golf Fund)  Resolution approving the Award of Proposal and Agreements to Public Financial Management (PFM) Financial Advisors LLC, San Francisco, California, for Municipal Advisory Services and PFM Swap Advisors LLC, San Francisco, California, for Annual Derivative Valuation Report for two years with three one-year extension options at a combined estimated annual amount of $150,000 and a total combined amount not to exceed $750,000 over #6..
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the five years and authorizing the City Manager or his designee to execute the Agreement.

FINANCE DEPARTMENT; Cynthia Kline, 209-577-5412, [email protected] ACTION: (Kenoyer/Wright; 6/0) Resolution 2022-335 approving the Award of Proposal and Agreements to Public Financial Management (PFM) Financial Advisors LLC, San Francisco, California, for Municipal Advisory Services and PFM Swap Advisors LLC, San Francisco, California, for Annual Derivative Valuation Report for two years with three one-year extension options at a combined estimated annual amount of $150,000 and a total combined amount not to exceed $750,000 over the five years and authorizing the City Manager or his designee to execute the Agreement.

Removed from Consent
Consent

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

FINANCE DEPARTMENT; Maria Garnica, 209-577-5249,
[email protected]
ACTION: (Wright/Ricci; 6/0) Motion accepting an informational report for the June 2022 Accounts Payable Payment Register and Void report.

Consent

13. Consider approving a second cell tower lease amendment to the site lease Agreement with New Cingular Wireless PCS, LLC, extending the maximum term of the Agreement through August 31, 2047. (Funding Source: Cell Tower Facility Rental Revenue)
 Resolution approving a second cell tower lease amendment to the site lease Agreement with New Cingular Wireless PCS, LLC, extending the maximum term of the Agreement through August 31, 2047 and authorizing the City Manager, or his designee to execute the Agreement
PRN; Nathan Houx, 209-571-5526, [email protected]
ACTION: (Kenoyer/Wright; 6/0) Resolution 2022-336 approving a second cell tower lease amendment to the site lease Agreement with New Cingular Wireless PCS, LLC, extending the maximum term of the Agreement through August 31, 2047 and authorizing the City Manager, or his designee to execute the Agreement.

Consent

14. Consider approving the Initial Study/Mitigated Negative Declaration (IS/MND) for the Riverdale Park Tract Community Services District Water System Consolidation Project in accordance with the California Environmental Quality Act (CEQA), and making certain findings concerning the environmental impacts and mitigation measures, approving a Mitigation Monitoring and Reporting Program, in connection with the #6..
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Riverdale Park Tract Community Services District Water System Consolidation Project contemplated by the IS/MND, directing staff to file a Notice of Determination for the IS/MND. (Funding Source: Water Fund)
 Resolution approving the Initial Study/Mitigated Negative Declaration for the Riverdale Park Tract Community Services District Water System Consolidation Project in accordance with the California Environmental Quality Act and making certain findings concerning the environmental impacts and mitigation measures, approving a Mitigation Monitoring and Reporting Program and directing staff to file a Notice of Determination.

UTILITIES; Jim Alves, 209-571-5557, [email protected] ACTION: (Kenoyer/Wright; 6/0) Resolution 2022-337 approving the Initial Study/Mitigated Negative Declaration for the Riverdale Park Tract Community Services District Water System Consolidation Project in accordance with the California Environmental Quality Act and making certain findings concerning the environmental impacts and mitigation measures, approving a Mitigation Monitoring and Reporting Program and directing staff to file a Notice of Determination.

Consent

15. Consider accepting the Scenic Drive Pavement Rehabilitation Phase I project as complete, authorizing all necessary steps to file with the County Recorder, releasing securities, and releasing payments totaling $1,248,560 to George Reed, Inc., of Modesto, CA. (Funding Source: Local Control Measure L Funds)  Resolution accepting the Scenic Drive Pavement Rehabilitation Phase I project as complete, authorizing all necessary steps to file with the County Recorder, releasing securities, and releasing payments totaling $1,248,560 to George Reed, Inc., CA.

UTILITIES; Pete Kambel, 209-577-5444, [email protected] ACTION: (Kenoyer/Wright; 6/0) Resolution 2022-338 accepting the Scenic Drive Pavement Rehabilitation Phase I project as complete, authorizing all necessary steps to file with the County Recorder, releasing securities, and releasing payments totaling $1,248,560 to George Reed, Inc., CA.

Consent

16. Consider approving the First Amendment with Grover Landscape Services, Inc., Modesto, CA for the Furnishing of Landscape Maintenance, Weed Abatement, Trash Removal and Rodent Control Services, and increasing the annual amount by $15,000 from $155,000, to a new estimated annual amount of $170,000 for Year 3 and including a 10% CPI increase for Years 4 and 5 for a new total amount not to exceed $872,700 over five years. (Funding Source: Sewer and Storm Drain Funds and Various Community Facility Districts (CFD) Funds)
 Resolution approving the First Amendment with Grover Landscape Services, Inc., Modesto, CA for the Furnishing of Landscape Maintenance, Weed Abatement, Trash Removal and Rodent Control Services, and increasing the annual amount by $15,000 from $155,000, to a new estimated annual amount of #6..
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$170,000 for Year 3 and including a 10% CPI increase for Years 4 and 5 for a new total amount not to exceed $872,700 over five years and authorizing the City Manager or his designee, to execute the amendment.

UTILITIES; Robert Englent, 209-577-6222, [email protected] ACTION: (Kenoyer/Wright; 6/0) Resolution 2022-339 approving the First Amendment with Grover Landscape Services, Inc., Modesto, CA for the Furnishing of Landscape Maintenance, Weed Abatement, Trash Removal and Rodent Control Services, and increasing the annual amount by $15,000 from $155,000, to a new estimated annual amount of $170,000 for Year 3 and including a 10% CPI increase for Years 4 and 5 for a new total amount not to exceed $872,700 over five years and authorizing the City Manager or his designee, to execute the amendment.

COUNCIL COMMENTS & REPORTS
Council Member Kenoyer stated that she wanted the public to know that the Council receives the agendas on Friday. They go over them over the weekend and if they have any questions they ask on Monday during their agenda review. They do this in order to save time when they are in council meetings and understand what the consent item is about.

Council Member Ricci expressed his deepest sympathy to the family of Paul Chavez. Mr.

Chavez had a family and children and this Council is committed to making a change. He feels their families loss.

Vice Mayor Wright reported that he toured the Salvation Army, Berberian Homeless Shelter. The shelter is a nicer facility than what they have had it the past. There are optometry services and county services. He wants the citizens to know that they are doing a lot in this community to help the homeless and those that really need a hand up. He thanked Jessica Hill and the County for making a difference.

Council Member Madrigal echoed the comments of Council Member Ricci and his thoughts and prayers are with the Chavez family. He also thanked all the speakers that brought up the issue about the housing crisis and the municipal golf course. He would like to see if staff can come back and give an update at the next council meeting.

ACTION: (Madrigal/Ricci; 2/4) Motion directing staff to bring an update regarding the municipal golf course at the next council meeting. (Motion failed.) City Manager Lopez, stated that staff will work on a strategy to make sure the Council and the community are informed of the next steps.

Council Member Escutia-Braaton, stated that today they heard deep personal, painful stories, and experiences of individuals in Modesto. She is deeply moved and takes it to heart what was said and knows first-hand and has heard from the community that Modesto is a wonderful place. She also reported on attending the Assyrian event and the resiliency she saw in that community, she also sees in Modesto. She also reported on attending National #6..
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Night Out and the positive comments and good will from the community about law enforcement and the community. She is very hopeful and knows very much that Modesto is a wonderful place to live in. As a Council they hear them and will continue to do their best to make the best decisions for Modesto.

Mayor Zwahlen expressed sympathy to those in the community that lost loved ones.

National Night Out is something that is profoundly important in our community and it was heartwarming to see those interactions with the community. She stated that the Council and the five law enforcement officers present in this room heard the comments made this evening. They can do and will do better and will all work together. This Council and the Modesto Police Department have committed to do their best to improve the community. She looks forward to the efforts in the future. It’s going to take some time to make sure they do this correctly, and she asks the community to stay engaged, because community input makes a difference.

CITY MANAGER COMMENTS & REPORTS
City Manager Lopez provided clarification to a public comment made by someone earlier.

Items 11, 13, 14 and 16 were heard at a Council committee.

UNFINISHED BUSINESS

17. Consider approving a Memorandum of Understanding with the Downtown Streets Team (DST) program in collaboration with the County of Stanislaus Community Services Agency, and approving an annual contribution in an amount not to exceed $700,000, for a total amount of $2,100,000 throughout the three year term. (Funding Source: Litter Abatement Fund, Community Development Block Grants, American Rescue Plan Act Funds)
 Resolution approving a Memorandum of Understanding with the Downtown Streets Team (DST) program in collaboration with the County of Stanislaus Community Services Agency, and approving an annual contribution in an amount not to exceed $700,000, for a total amount of $2,100,000 throughout the three year term, to assist the City of Modesto in addressing homelessness, and authorizing the City Manager or his designee execute the Agreement.  Resolution amending the fiscal year 2022-2023 multi-year fund budget to establish applicable revenue, expense and transfer budgets for the Downtown Streets Team Memorandum of Understanding to be funded with American Rescue Plan Act (ARPA) funds and Community Development Block Grant (CDBG) funds and Litter Abatement funds and authorizing the City Manager or his designee, to take the necessary steps to implement the provisions of this resolution
CED; Jessica Hill, 209-577-5321, [email protected]
ACTION: (Wright/Ricci; 6/0) Resolution 2022-340 approving a Memorandum of Understanding with the Downtown Streets Team (DST) program in collaboration with #6..
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the County of Stanislaus Community Services Agency, and approving an annual contribution in an amount not to exceed $700,000, for a total amount of $2,100,000 throughout the three year term, to assist the City of Modesto in addressing homelessness, and authorizing the City Manager or his designee execute the Agreement.

ACTION: (Wright/Ricci; 6/0) Resolution 2022-341 amending the fiscal year 2022- 2023 multi-year fund budget to establish applicable revenue, expense and transfer budgets for the Downtown Streets Team Memorandum of Understanding to be funded with American Rescue Plan Act (ARPA) funds and Community Development Block Grant (CDBG) funds and Litter Abatement funds and authorizing the City Manager or his designee, to take the necessary steps to implement the provisions of this resolution.

HEARINGS
Published in the Modesto Bee on July 20, 2022

18. Hearing to consider a City-initiated rezone from Low Density Residential (R-1) Zone and Commercial-Industrial (C-M) Zone to Planned Development Zone P-D(615) for property located at 1601 and 1625 McHenry Ave, and a rezone from CommercialIndustrial (C-M) Zone to General Commercial (C-2) Zone for property located at 1707 McHenry Avenue. (Funding Source: General Fund)
 Motion introducing and waiving the first reading of an Ordinance amending Section 17-3-9 of the zoning map to rezone from Low-Density Residential Zone, R-1, and Commercial Industrial Zone, C-M, to Planned Development Zone, P-D(615), for property located at 1601 and 1625 McHenry Avenue (City initiated).
 Motion introducing and waiving the first reading of an Ordinance amending the Zoning Map to rezone property located at 1707 McHenry Ave from Commercial-Industrial Zone to General Commercial Zone.
 Resolution finding that the rezones from C-M and R-1 to P-D(615) for property located at 1601 McHenry Avenue, 1625 McHenry Avenue, and the property to the rear of 1625 McHenry Avenue, and from C-M to C-2 for the property located at 1707 McHenry Avenue, are within the scope of the Modesto Urban Area General Plan Master Environmental Impact Report (SCH NO. 2014042081).

CED; Katharine Martin, 209-577-5267, [email protected] ACTION: (Escutia-Braaton/Ricci; 6/0) Motion introducing and waiving the first reading of an Ordinance amending Section 17-3-9 of the zoning map to rezone from Low-Density Residential Zone, R-1, and Commercial Industrial Zone, C-M, to Planned Development Zone, P-D(615), for property located at 1601 and 1625 McHenry Avenue (City initiated).

ACTION: (Wright/Escutia-Braaton; 6/0) Motion introducing and waiving the first reading of an Ordinance amending the Zoning Map to rezone property located at 1707 McHenry Ave from Commercial-Industrial Zone to General Commercial Zone. #6..
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ACTION: (Kenoyer/Escutia-Braaton; 6/0) Resolution 2022-342 finding that the rezones from C-M and R-1 to P-D(615) for property located at 1601 McHenry Avenue, 1625 McHenry Avenue, and the property to the rear of 1625 McHenry Avenue, and from C-M to C-2 for the property located at 1707 McHenry Avenue, are within the scope of the Modesto Urban Area General Plan Master Environmental Impact Report (SCH NO. 2014042081).

Published in the Modesto Bee on July 3, 2022

19. Hearing to consider awarding Non-Exclusive, Non-Consensual Franchise Towing Services Agreements to 12 applicants pursuant to the Modesto Municipal Code. (Funding Source: General Fund, 1610 – MPD Traffic Offender Fund)  Resolution awarding Non-Exclusive, Non-Consensual Franchise Towing Service Agreements to twelve towing companies pursuant to Modesto Municipal Code Section 11-2, and authorizing the City Manager, or his designee, to execute the Agreements.

POLICE DEPARTMENT; Aaron Tait, 209-572-9500, [email protected] ACTION: (Escutia-Braaton/Wright; 6/0) Resolution 2022-343 awarding NonExclusive, Non-Consensual Franchise Towing Service Agreements to twelve towing companies pursuant to Modesto Municipal Code Section 11-2, and authorizing the City Manager, or his designee, to execute the Agreements.

Published in the Modesto Bee on July 13, 2022

20. Hearing to consider the application and issuance of a permit to operate as a nonemergency medical transport company to MacIntosh Transport LLC in the City of Modesto. (Funding Source: General Fund)
 Resolution accepting the application of MacIntosh Transport LLC issuing this entity a permit to operate as a non-emergency medical transport company in the City of Modesto.

POLICE DEPARTMENT; Brandon Gillespie, 209-572-9500,
[email protected]
ACTION: (Wright/Zwahlen; 6/0) Resolution 2022-344 accepting the application of MacIntosh Transport LLC issuing this entity a permit to operate as a non-emergency medical transport company in the City of Modesto.

NEW BUSINESS
None.

MATTERS TOO LATE FOR THE AGENDA
None.
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ADJOURNMENT
This meeting adjourned at 8:54 p.m.

All Closed Session items heard prior to the meeting.

CLOSED SESSION
CONFERENCE WITH REAL PROPERTY NEGOTIATORS:
(Pursuant to Section 54956.8 of the Government Code)
Property & Property Owners:

APN Address Owner Name
007-024-003, 3643 Maze Bl., Modesto Nita M. Wagner, as Trustee of the 007-024-004 & Nita M. Wagner Living Trust;
007-037-010 Jane M. Roos & Ralph E. Roos;
John Schallberger & Marie
Schallberger, Trustees, of the
Revocable Trust Dated November
3, 1992; Hans J. Wagner & Carla
Wagner; Donald Wagner; Julia A.

Wagner, as Trustee of the Julia A.

Wagner 1992 Trust, as their
interests appear of record;
Hans J. Wagner, III, Trustee of the
Hans J. Wagner III 2015 Trust

Negotiating Parties:

City Negotiators: James Staudinger, CPSI
Property Owners
Under Negotiation: Price and Terms

CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION
Two Cases (Pursuant to Section 54956.9(a) of the Government Code) Name of case(s): Manuel Ramirez v. City of Modesto
California Workers Compensation Appeals Board
Nos. ADJ1697422, ADJ11027135, ADJ11299237
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Greg Ewert v. City of Modesto
California Workers Compensation Appeals Board
Nos. ADJ7834384, ADJ12420861, ADJ12658697, ADJ12451095
CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION
Two Cases (Pursuant to Section 54956.9(d)(1) of the Government Code) Name of Case: Martinez v. City of Modesto
Case No. 19-006820
Chipponeri v. City of Modesto
Case No. 2028661
Attest:____________________________
Diane Nayares-Perez, City Clerk
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- 1 - ORDINANCE NO. 3747-C.S.

EFFECTIVE DATE: September 22, 2022
ORDINANCE NO. 3747-C.S.

AN ORDINANCE AMENDING SECTION 17-3-9 OF THE ZONING MAP TO REZONE FROM LOW DENSITY RESIDENTIAL ZONE, R-1, AND

COMMERCIAL-INDUSTRIAL ZONE, C-M, TO PLANNED DEVELOPMENT ZONE, P-D(615), PROPERTY LOCATED AT 1601 AND 1625 MCHENRY

AVENUE (CITY INITIATED)
WHEREAS, a verified application for an amendment to Section 17-3-9 of the Zoning Map was filed by the City of Modesto on May 10, 2022, to rezone from Low Density Residential Zone. R-1, and Commercial-Industrial Zone, C-M, to Planned Development Zone, P-D(615) property located at 1601 and 1625 McHenry Avenue; and WHEREAS, after a public hearing held on June 20, 2022, it was found and determined by the Planning Commission that the requested zone change will not be detrimental to the public health, safety or welfare because the Commercial Industrial (CM) Zone is a legacy zone that permits industrial uses that are not compatible with nearby residential uses, the requested zone change will result in an orderly planned use of land because the rezone will align the property with the current General Plan Corridor Development Concept for this site and allow land use compliant with the goals and policies for site development, and the requested zone change is in accordance with the community objectives as set forth in the Modesto Urban Area General Plan and any applicable specific plans(s) because the change would allow existing professional office and non-auto related retail commercial uses to remain; and WHEREAS, by Resolution No. 2022-18, adopted on June 20, 2022, the Planning Commission recommended to the Council that the application of the City of Modesto to amend Section 17-3-9 of the Zoning Map to rezone the hereinafter described #7..
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EFFECTIVE DATE: September 22, 2022
property from Low Density Residential Zone, R-1, and Commercial-Industrial Zone, CM, to Planned Development Zone, P-D (615), be approved.

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

SECTION 1. After a public hearing held on August 9th, 2022, in the Tenth Street Place Chambers located at 1010 10th Street, Modesto, California, this Council finds and determines as follows:

1. The requested change will not be detrimental to the public health, safety or welfare because the current Commercial Industrial (C-M) Zone is a legacy zone that permits industrial uses that are not compatible with nearby residential uses, said zone originally enacted in July of 1955 to allow for the operation of a then-existing milk processing facility that has since been demolished and redeveloped with new retail commercial and professional office uses. The requested change to Planned Development Zone, PD(615) would allow for professional office and non-auto related retail commercial uses to remain. Industrial uses would not be allowed that could be incompatible with surrounding uses.

2. The requested change will result in an orderly planned use of land because rezone will align the property with the current General Plan Corridor Development Concept for this site and allow land use compliant with the goals and policies for site development.

3. The requested change is in accordance with the community’s objectives as set forth in the General Plan and any applicable specific plan(s) because the change would allow existing professional office and non-auto related retail commercial uses to remain.

The Council of the City of Modesto does ordain as follows:

SECTION 2. ZONING CHANGE. Section 17-3-9 of the Zoning Map is hereby amended to reclassify the following described property from Low Density #7..
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- 3 - ORDINANCE NO. 3747-C.S.

EFFECTIVE DATE: September 22, 2022
Residential Zone, R-1, and Commercial-Industrial Zone, C-M, to Planned Development Zone, P-D(615):

R-1 to P-D(615)
All that certain real property situates in the City of Modesto, County of Stanislaus, State of California, lying within the Southeast Quarter of Section 17, Township 3 South, Range 9 East, Mount Diablo Meridian, described as follows:

Lots 1 through 5 and the northerly 19.61 feet of Lot 6 in Block 6198 of the Hudelson Tract, recorded on December 9, 1946, in Volume 16 of Maps at

Also including the southerly one-half of Judith Lane, the easterly one-half of Timothy Avenue and the 20-foot wide alley, all being immediately adjacent to the above description.

1.46 acres, more or less.

Subject to all easements and/or rights of way of record.

APN 119-005-017.

C-M to P-D(615)
All that certain real property situates in the City of Modesto, County of Stanislaus, State of California, lying within the Southeast Quarter of Section 17, Township 3 South, Range 9 East, Mount Diablo Meridian, described as follows:

All that portion of Lot 1 of the Fresno Tract being more particularly described as follows:

Commencing from the southeast corner of Lot 1 of the Fresno Tract, recorded on March 14, 1903 in Volume 1 of Maps at Page 76, Stanislaus County Records, said southeast corner also being the southeast corner of Section 17, Township 3 South, Range 9 East, North 00° 19’ 01” West a distance of 30 feet; thence North 87° 54’ 27” West a distance of 42 feet to the Point of Beginning of this description, thence the following four courses:

1. North 00° 19’ 00” West, a distance of 500 feet

2. North 88° 31’ 43” West a distance of 278 feet

3. South 00° 19’ 02” East a distance of 500 feet,
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- 4 - ORDINANCE NO. 3747-C.S.

EFFECTIVE DATE: September 22, 2022

4. thence South 88° 31’ 43” East a distance of 278 feet to the Point of Beginning.

Also including the southerly half of Judith Lane, the westerly half of McHenry Avenue and the northerly half of Granger Avenue, all immediately adjacent to the above description.

4.1 acres, more or less.

Subject to all easements and/or rights of way of record.

APNs 119-005-003 and 119-005-004.

SECTION 3. USES. The following uses shall be permitted in said PD(615) Zone, with proposed new development subject to consideration and approval by the Planning Commission in a public hearing prior to issuance of a building permit, in accordance to Modesto Municipal Code Title 10, Chapter 7:

1. Mixed use new development that shall include:
(a) Residential development at densities permitted in the Medium High Density Residential (R-3) Zone, and
(b) Retail commercial and office uses as permitted in the General Commercial (C-2) Zone, excluding the following vehicleoriented uses: new and/or used vehicle rental or sales; gas stations, vehicle audio/stereo installation; vehicle repair and service; towing and service yard; recreational vehicle sales, service or storage.
(c) Proposed new development shall include residential uses of at minimum 14.5 units per net acre.
(2) Reuse of the existing retail commercial building for C-2 uses, excluding the above vehicle-oriented uses.

SECTION 4. ZONING MAP. Section 17-3-9 of the Zoning Map of the City of Modesto is amended to appear as set forth on the map attached hereto, which is hereby made a part of this ordinance by reference.
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- 5 - ORDINANCE NO. 3747-C.S.

EFFECTIVE DATE: September 22, 2022
SECTION 5. EFFECTIVE DATE. This ordinance shall go into effect and be in full force and operation from and after thirty (30) days after its final passage and adoption.

SECTION 6. PUBLICATION. At least two (2) days prior to its final adoption, copies of this ordinance shall be posted in at least three (3) prominent and distinct locations in the City; and a notice shall be published once in The Modesto Bee, the official newspaper of the City of Modesto, setting forth the title of this ordinance, the date of its introduction and the places where this ordinance is posted. #7..
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- 6 - ORDINANCE NO. 3747-C.S.

EFFECTIVE DATE: September 22, 2022
The foregoing Ordinance was introduced at a regular meeting of the Council of the City of Modesto held on the 9th day of August, 2022, by Councilmember Escutia-Braaton, who moved its introduction and passage to print, which motion being duly seconded by Councilmember Ricci, was upon roll call carried and ordered printed and published by the following vote:

AYES: Councilmembers: Escutia-Braaton, Kenoyer, Madrigal, Ricci, Wright, Mayor Zwahlen
NOES: Councilmembers: None
ABSENT: Councilmembers: None
APPROVED: _____________________________
SUE ZWAHLEN, Mayor
ATTEST:

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

By: _________________________________
JOSE M. SANCHEZ, City Attorney
APPROVED AS TO DESCRIPTION:

By: __________________________________________________
Community & Economic Development
Department, Planning Division
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- 7 - ORDINANCE NO. 3747-C.S.

EFFECTIVE DATE: September 22, 2022

FINAL ADOPTION CLAUSE
The foregoing ordinance, having been published as required by the Charter of the City of Modesto, and coming on for final consideration at the regular meeting of the Council of the City of Modesto held on the 23rd of August, 2022, Councilmember ______________moved its final adoption, which motion being duly seconded by Councilmember ________________, was upon roll call carried and the ordinance adopted by the following vote:

AYES: Councilmembers: Escutia-Braaton, Kenoyer, Madrigal, Ricci, Wright, Mayor Zwahlen
NOES: Councilmembers: None
ABSENT: Councilmembers: None
APPROVED: _________________________

SUE ZWAHLEN, MAYOR
ATTEST: _________________________________
DIANE NAYARES-PEREZ, City Clerk
Effective Date: September 22, 2022
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CITY OF MODESTO
ORDINANCE NO. 3747-C.S.

The following Ordinance was introduced by the City Council of the City of Modesto at the meeting of August 9, 2022:

ORDINANCE NO. 3747-C.S. AN ORDINANCE AMENDING SECTION 17-3-9 OF THE ZONING MAP TO REZONE FROM LOW DENSITY RESIDENTIAL ZONE, R-1, AND

COMMERCIAL-INDUSTRIAL ZONE, C-M, TO PLANNED DEVELOPMENT ZONE, P-D(615), PROPERTY LOCATED AT 1601 AND 1625 MCHENRY AVENUE (CITY

INITIATED)
Copies of the above-mentioned ordinance are posted at the following locations:
 Tenth Street Place, 1010 10th Street
 Maddux Youth Center, 615 Sierra Drive
 Senior Citizen Center, 211 Bodem Street
Diane Nayares-Perez
City Clerk
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- 1 - ORDINANCE NO. 3748-C.S.

EFFECTIVE DATE: September 22, 2022
ORDINANCE NO. 3748-C.S.

AN ORDINANCE AMENDING SECTION 17-3-9 OF THE ZONING MAP OF

THE CITY OF MODESTO TO REZONE FROM COMMERCIAL-INDUSTRIAL (C-M) ZONE TO GENERAL COMMERCIAL (C-2) ZONE, PROPERTY
LOCATED AT 1707 MCHENRY AVENUE (CITY OF MODESTO)
WHEREAS, a verified application for an amendment to Section 17-3-9 of the Zoning Map was filed by the City of Modesto on May 10, 2022, to rezone from Commercial-Industrial Zone, C-M, to General Commercial Zone, C-2, property located at 1707 McHenry Avenue; and
WHEREAS, after a public hearing held on June 20, 2022, it was found and determined by the Planning Commission that the requested zone change will not be detrimental to the public health, safety or welfare because the current Commercial Industrial (C-M) Zone is a legacy zone that permits industrial uses that are not compatible with nearby residential uses, the requested zone change will result in an orderly planned use of land because the rezone will align existing retail and professional office development with the current General Plan land use designation of Commercial (C) uses and provide for uses as allowed in the General Commercial (C-2) Zone, and the requested zone change is in accordance with the community objectives as set forth in the Modesto Urban Area General Plan and any applicable specific plans(s) because the change would allow existing professional office and retail commercial uses to remain; and WHEREAS, by Resolution No. 2022-17, adopted on June 20, 2022, the Planning Commission recommended to the Council that the application of the City of Modesto to amend Section 17-3-9 of the Zoning Map to rezone the hereinafter described property from Commercial-Industrial Zone, C-M, to General Commercial Zone, C-2, be approved.
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- 2 - ORDINANCE NO. 3748-C.S.

EFFECTIVE DATE: September 22, 2022
NOW, THEREFORE, the Council of the City of Modesto does ordain as follows:

SECTION 1. After a public hearing held on August 9th 2022, in the Tenth Street Place Chambers located at 1010 10th Street, Modesto, California, this Council finds and determines as follows:

1. The requested change will not be detrimental to the public health, safety or welfare because the current Commercial Industrial (C-M) Zone is a legacy zone that permits industrial uses that are not compatible with nearby residential uses, said zone originally enacted in July of 1955 to allow for the operation of a then-existing milk processing facility that has since been demolished and redeveloped with new retail commercial and professional office uses. The requested change to General Commercial (C-2) would allow for the retail and professional office buildings to remain.

Industrial uses would not be allowed that could be incompatible with surrounding uses.

2. The requested change will result in an orderly planned use of land because rezone will align existing retail and professional office development with the current General Plan land use designation of Commercial (C) uses and provide for uses as allowed in the General Commercial (C-2) Zone.

3. The requested change is in accordance with the community’s objectives as set forth in the General Plan and any applicable specific plan(s) because the change would allow existing professional office and retail commercial uses to remain.

SECTION 2. ZONING CHANGE. Section 17-3-9 of the Zoning Map is hereby amended to rezone the following described property from Commercial-Industrial Zone, C-M, to General Commercial, C-2:

C-M to C-2
All that certain real property situated in the City of Modesto, County of Stanislaus, State of California, lying within the Southeast Quarter of Section 17, Township 3 South, Range 9 East, Mount Diablo Meridian, described as follows:
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- 3 - ORDINANCE NO. 3748-C.S.

EFFECTIVE DATE: September 22, 2022
All that portion of Lot 2 of the Fresno Tract being more particularly described as follows:

Beginning at the northwest corner of “Parcel A” of the Parcel Map recorded on December 21, 1966 in Volume 2 of Parcel Maps at Page 113, Stanislaus County Records, thence South 00°30’ 40” East along the west line of said “Parcel A” a distance of 419.11 feet, thence North 88° 31’ 30” West a distance of 259.39 feet, thence North 00° 30’ 00” West a distance of 411.82 feet, thence South 89° 46’ 25” West a distance of 256.71 feet to the point of Beginning.

Also including the northerly half of Judith Lane and the westerly half of McHenry Avenue immediately adjacent to the above description.

3.34 acres, more or less.

Subject to all easements and/or rights of way of record.

APN 119-005-021.

SECTION 3. ZONING MAP. Section 17-3-9 of the Zoning Map of the City of Modesto is amended to appear as set forth on the map attached hereto, which is hereby made a part of this ordinance by reference.

SECTION 4. EFFECTIVE DATE. This ordinance shall go into effect and be in full force and operation from and after thirty (30) days after its final passage and adoption.

SECTION 5. PUBLICATION. At least two (2) days prior to its final adoption, copies of this ordinance shall be posted in at least three (3) prominent and distinct locations in the City; and a notice shall be published once in The Modesto Bee, the official newspaper of the City of Modesto, setting forth the title of this ordinance, the date of its introduction and the places where this ordinance is posted. #8..
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- 4 - ORDINANCE NO. 3748-C.S.

EFFECTIVE DATE: September 22, 2022
The foregoing ordinance was introduced at a regular meeting of the Council of the City of Modesto held on the 9th day of August, 2022, by Councilmember Wright, who moved its introduction and passage to print, which motion being duly seconded by Councilmember Escutia-Braaton, was upon roll call carried and ordered printed and published by the following vote:

AYES: Councilmembers: Escutia-Braaton, Kenoyer, Madrigal, Ricci, Wright, Mayor Zwahlen
NOES: Councilmembers: None
ABSENT: Councilmembers: None
APPROVED: _____________________________
SUE ZWAHLEN, Mayor
ATTEST:

By: _________________________________
DIANE NAYERES-PEREZ, City Clerk
(SEAL)
APPROVED AS TO FORM:

By: _________________________________
JOSE M. SANCHEZ, City Attorney
APPROVED AS TO DESCRIPTION:

By:

Community & Economic Development
Department, Planning Division
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- 5 - ORDINANCE NO. 3748-C.S.

EFFECTIVE DATE: September 22, 2022

FINAL ADOPTION CLAUSE
The foregoing ordinance, having been published as required by the Charter of the City of Modesto, and coming on for final consideration at the regular meeting of the Council of the City of Modesto held on the 23rd of August, 2022, Councilmember ______________moved its final adoption, which motion being duly seconded by Councilmember ________________, was upon roll call carried and the ordinance adopted by the following vote:

AYES: Councilmembers: Escutia-Braaton, Kenoyer, Madrigal, Ricci, Wright, Mayor Zwahlen
NOES: Councilmembers: None
ABSENT: Councilmembers: None
APPROVED: ________________________

SUE ZWAHLEN, MAYOR
ATTEST: ___________________________________
DIANE NAYARES-PEREZ, City Clerk
Effective Date: September 22, 2022
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CITY OF MODESTO
ORDINANCE NO. 3748-C.S.

The following Ordinance was introduced by the City Council of the City of Modesto at the meeting of August 9, 2022:

ORDINANCE NO. 3748-C.S. AN ORDINANCE AMENDING SECTION 17-3-9 OF THE ZONING MAP OF THE CITY OF MODESTO TO REZONE FROM COMMERCIALINDUSTRIAL (C-M) ZONE TO GENERAL COMMERCIAL (C-2) ZONE, PROPERTY LOCATED AT 1707 MCHENRY AVENUE (CITY OF MODESTO)
Copies of the above-mentioned ordinance are posted at the following locations:
 Tenth Street Place, 1010 10th Street
 Maddux Youth Center, 615 Sierra Drive
 Senior Citizen Center, 211 Bodem Street
Diane Nayares-Perez
City Clerk
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CITY OF MODESTO

COUNCIL AGENDA REPORT
DATE OF MEETING:

August 23, 2022
Date: August 18, 2022
TO: Mayor and City Council
THROUGH: Joseph P. Lopez, City Manager
FROM: Diane Nayares-Perez, City Clerk
SUBJECT: Consider appointing a voting delegate to the 2022 League of California Cities Annual Conference to be held in Long Beach, CA on September 7-9, 2022 CONTACT: Diane Nayares-Perez, CMC, City Clerk, [email protected], 209-577-5396
DESCRIPTION:

Consider appointing a voting delegate to the 2022 League of California Cities Annual Conference to be held in Long Beach, CA on September 7-9, 2022. (Funding Source: Not Applicable)
STRATEGIC PLAN ELEMENT:

This item supports the City’s 2020-2025 Strategic Plan Goals to build community trust in City government through responsive, transparent and efficient service delivery.

BACKGROUND:

The League of California Cities1 (League) is an association of California city officials who work together to enhance their knowledge and skills, exchange information, and combine resources so they may influence policy decisions that affect cities. Founded in 1898, the League is a member organization that represents California’s incorporated cities. The League strives to protect the authority and autonomy of city government and help California’s cities effectively serve their residents. The League has eight standing policy committees which make recommendations to the Board of Directors on legislation, new policy guidelines, and key issues impacting cities. The committees are composed of elected and appointed city officials throughout the State of California.

DISCUSSION:

Each year the League holds an annual conference. This year’s annual conference is scheduled for September 7-9, 2022 in Long Beach, California. An important part of the annual conference is the General Assembly Meeting which is where the membership considers and takes action on 1 League of California Cities - https://www.calcities.org/ #9..
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City Council, August 23, 2022
Consider appointing a voting delegate to the 2022
Annual Conference to be held in Long Beach, CA on September 7-9, 2022

resolutions that establish League policy. The General Assembly Meeting is scheduled for Friday, September 9, 2022. To vote at the General Assembly Meeting, the City Council must, by formal Council action, designate a voting delegate. In the event the designated voting delegate is unable to serve in that capacity, Council may appoint up to two alternate voting delegates.

The voting delegate and alternates must be registered to attend the conference. At least one must be present.

The Mayor has recommended Councilmember Madrigal serve as the voting delegate with Mayor Zwahlen as the alternate voting delegate.

FISCAL IMPACT:

There is no direct cost in direct cost in designating a Delegate and Alternate; however, the Delegate and Alternate must be registered to participate. This year the conference will be held in Long Beach at a cost of $600 per attendee, plus associated travel and lodging expenses.

Participation in this event has been budgeted for and there are sufficient funds in the budget for this purpose.

COMMITTEE RECOMMENDATION:

This item did not go to Committee as it is not required.

RECOMMENDED COUNCIL ACTION:

Staff Recommendations:

Motion approving Councilmember Madrigal as a voting delegate and Mayor Zwahlen as the alternate for the 2022 League of California Cities Annual Conference to be held in Long Beach, CA on September 7-9, 2022.

Approved by:

Diane Nayares-Perez, CMC, City Clerk
Joseph P. Lopez, City Manager
Attachments:

1. 2022 Voting Delegate Packet
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1400 K Street, Suite 400, Sacramento, CA 95814 • 916.658.8200 • calcities.org DATE: June 1, 2022
TO: City Managers and City Clerks
RE: DESIGNATION OF VOTING DELEGATES AND ALTERNATES
League of California Cities Annual Conference & Expo – September 7-9, 2022 Cal Cities 2022 Annual Conference & Expo is scheduled for September 7-9, 2022 in Long Beach. An important part of the Annual Conference is the Annual Business Meeting (during General Assembly) on Friday, September 9. At this meeting, Cal Cities membership considers and acts on resolutions that establish Cal Cities policy.

In order to vote at the Annual Business Meeting, your city council must designate a voting delegate. Your city may also appoint up to two alternate voting delegates, one of whom may vote if the designated voting delegate is unable to serve in that capacity.

Please complete the attached Voting Delegate form and return it to Cal Cities office no later than Friday, September 2. This will allow us time to establish voting delegate/alternate records prior to the conference.

Please view Cal Cities’ event and meeting policy in advance of the conference. • Action by Council Required. Consistent with Cal Cities bylaws, a city’s voting delegate and up to two alternates must be designated by the city council.

When completing the attached Voting Delegate form, please attach either a copy of the council resolution that reflects the council action taken, or have your city clerk or mayor sign the form affirming that the names provided are those selected by the city council. Please note that designating the voting delegate and alternates must be done by city council action and cannot be accomplished by individual action of the mayor or city manager alone. • Conference Registration Required. The voting delegate and alternates must be registered to attend the conference. They need not register for the entire conference; they may register for Friday only. Conference registration will open by June 1 on the Cal Cities website. In order to cast a vote, at least one voter must be present at the Business Meeting and in possession of the voting delegate card. Voting delegates and alternates need to pick up their conference badges before signing in and picking up the voting delegate card at the Voting Delegate Desk. This will enable them to receive the special sticker on their name badges that will admit them into the voting area during the Business Meeting.

Council Action Advised by August 31, 2022
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• Transferring Voting Card to Non-Designated Individuals Not Allowed. The voting delegate card may be transferred freely between the voting delegate and alternates, but only between the voting delegate and alternates. If the voting delegate and alternates find themselves unable to attend the Business Meeting, they may not transfer the voting card to another city official. • Seating Protocol during General Assembly. At the Business Meeting, individuals with the voting card will sit in a separate area. Admission to this area will be limited to those individuals with a special sticker on their name badge identifying them as a voting delegate or alternate. If the voting delegate and alternates wish to sit together, they must sign in at the Voting Delegate Desk and obtain the special sticker on their badges.

The Voting Delegate Desk, located in the conference registration area of the Long Beach Convention Center, will be open at the following times: Wednesday, September 7, 8:00 a.m. – 6:00 p.m.; Thursday, September 8, 7:00 a.m. – 4:00 p.m.; and Friday, September 9, 7:30 a.m.–12:30 p.m. The Voting Delegate Desk will also be open at the Business Meeting on Friday, but will be closed during roll calls and voting.

The voting procedures that will be used at the conference are attached to this memo.

Please share these procedures and this memo with your council and especially with the individuals that your council designates as your city’s voting delegate and alternates.

Once again, thank you for completing the voting delegate and alternate form and returning it to Cal Cities office by Friday, September 2. If you have questions, please call Darla Yacub at (916) 658-8254.

Attachments:
• Annual Conference Voting Procedures
• Voting Delegate/Alternate Form
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1400 K Street, Suite 400, Sacramento, CA 95814 • 916.658.8200 • calcities.org Annual Conference Voting Procedures

1. One City One Vote. Each member city has a right to cast one vote on matters pertaining to Cal Cities policy.

2. Designating a City Voting Representative. Prior to the Annual Conference, each city council may designate a voting delegate and up to two alternates; these individuals are identified on the Voting Delegate Form provided to the Cal Cities Credentials Committee.

3. Registering with the Credentials Committee. The voting delegate, or alternates, may pick up the city's voting card at the Voting Delegate Desk in the conference registration area. Voting delegates and alternates must sign in at the Voting Delegate Desk. Here they will receive a special sticker on their name badge and thus be admitted to the voting area at the Business Meeting.

4. Signing Initiated Resolution Petitions. Only those individuals who are voting delegates (or alternates), and who have picked up their city’s voting card by providing a signature to the Credentials Committee at the Voting Delegate Desk, may sign petitions to initiate a resolution.

5. Voting. To cast the city's vote, a city official must have in their possession the city's voting card and be registered with the Credentials Committee. The voting card may be transferred freely between the voting delegate and alternates, but may not be transferred to another city official who is neither a voting delegate or alternate.

6. Voting Area at Business Meeting. At the Business Meeting, individuals with a voting card will sit in a designated area. Admission will be limited to those individuals with a special sticker on their name badge identifying them as a voting delegate or alternate.

7. Resolving Disputes. In case of dispute, the Credentials Committee will determine the validity of signatures on petitioned resolutions and the right of a city official to vote at the Business Meeting.
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CITY:________________________________________

2022 ANNUAL CONFERENCE

VOTING DELEGATE/ALTERNATE FORM
Please complete this form and return it to Cal Cities office by Friday, September 2, 2022. Forms not sent by this deadline may be submitted to the Voting Delegate Desk located in the Annual Conference Registration Area. Your city council may designate one voting delegate and up to two alternates.

To vote at the Annual Business Meeting (General Assembly), voting delegates and alternates must be designated by your city council. Please attach the council resolution as proof of designation. As an alternative, the Mayor or City Clerk may sign this form, affirming that the designation reflects the action taken by the council.

Please note: Voting delegates and alternates will be seated in a separate area at the Annual Business Meeting. Admission to this designated area will be limited to individuals (voting delegates and alternates) who are identified with a special sticker on their conference badge. This sticker can be obtained only at the Voting Delegate Desk.

1. VOTING DELEGATE
Name:

Title:

2. VOTING DELEGATE - ALTERNATE 3. VOTING DELEGATE - ALTERNATE Name: Name:

Title: Title:

ATTACH COUNCIL RESOLUTION DESIGNATING VOTING DELEGATE AND ALTERNATES OR ATTEST: I affirm that the information provided reflects action by the city council to designate the voting delegate and alternate(s).

Name: ____________________________________ Email_________________________________ Mayor or City Clerk_________________________ Date____________ Phone________________ (circle one) (signature) Please complete and return by Friday, September 2, 2022 to:

Darla Yacub, Assistant to the Administrative Services Director E-mail: [email protected]; Phone: (916) 658-8254

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CITY OF MODESTO

COUNCIL AGENDA REPORT
DATE OF MEETING:

August 23, 2022
Date: August 2, 2022
TO: Mayor & City Council
THROUGH: Joseph P. Lopez, City Manager
FROM: Jose M. Sanchez, City Attorney
CONTACT: Jose M. Sanchez, City Attorney, 209-577-5284, [email protected] DESCRIPTION:

Consider approving a resolution continuing to authorize remote teleconference meetings pursuant to Assembly Bill 361. (Funding Source: Not Applicable) STRATEGIC PLAN ELEMENT:

This item is related to the 2020-2025 Strategic Plan goal of promoting trust and engagement.

BACKGROUND:

On March 4, 2020, Governor Newsom declared a State of Emergency to make additional resources available, formalize emergency actions already underway across multiple state agencies and departments, and help the State prepare for a broader spread of the novel coronavirus disease 2019 (“COVID-19”). On March 19, 2020, the City Council adopted Resolution Number 2020-140, ratifying the proclamation of a local emergency by the Director of Emergency Services due to COVID-19.

All meetings of the City Council and the City’s other legislative bodies are open and public, as required by the Ralph M. Brown Act, Government Code section 54950 et seq., so that any member of the public may attend, participate, and watch the City’s legislative bodies conduct their business. On March 17, 2020, in response to the COVID-19 pandemic, Governor Newsom issued Executive Order N-29-20 suspending certain provisions of the Ralph M. Brown Act in order to allow local legislative bodies to conduct meetings telephonically or by other means in order to slow the spread of COVID-19. As a result of Executive Order N-29-20, staff set up virtual meetings for all City Council meetings and other City legislative bodies. On June 11, 2021, Governor Newsom issued Executive Order N-08-21, which, effective September 30, 2021, ended the provisions of Executive Order N-29-20 that allowed local legislative bodies to conduct meetings telephonically or by other means.
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City Council, August 23, 2022
Assembly Bill 361-Continued Remote Teleconference Meetings

DISCUSSION:

On September 16, 2021, the Governor signed Assembly Bill (AB) 3611 (2021) which allows for local legislative bodies to continue to conduct meetings via teleconferencing under specified conditions and includes a requirement that the City Council make specified findings. AB 361 took effect immediately. In addition to other circumstances, the City and its legislative bodies will be allowed to continue to meet remotely during a declared state of emergency when state or local health officials have imposed or recommended measures to promote social distancing, or when the Council finds that meeting in person would present imminent risks to the health or safety of attendees.

On Tuesday, September 28, 2021, the City Council adopted Resolution No. 2021-370, finding that a state of emergency exists and that the County of Stanislaus Health Officer had imposed and recommended social distancing measures for residents within the City. On Tuesday, October 5, 2021, the City Council held their first meeting in accordance with the requirements of Government Code section 54953(e).

In order to continue to hold remote meetings, the City Council must reconsider the state of emergency and declare every 30 days that either (i) the state of emergency continues to directly impact the ability of the members to meet safely in person, or (ii) State or local officials continue to impose or recommend measures to promote social distancing.

The City has reconsidered the state of emergency, as declared by the Governor, which continues in existence. In addition, health officials continue to recommend measures to slow the spread of COVID-19. The Stanislaus County Public Health Services Agency still strongly recommends community members to wear a mask in any indoor public place, along with other recommendations that promote social distancing in indoor spaces. These measures can be found here: http://schsa.org/coronavirus/guidances/face-coverings/.

The proposed resolution includes the necessary findings in order for the City Council and the other legislative bodies of the City to continue holding remote teleconference meetings pursuant to AB 361.

FISCAL IMPACT:

There is no cost associated with this item.

COMMITTEE RECOMMENDATION:

This agenda item was not presented to a Council Committee.

RECOMMENDED COUNCIL ACTION:

Staff Recommendations:

Resolution continuing to authorize remote teleconference meetings of the City of Modesto pursuant to Assembly Bill 361.
1 Assembly Bill No. 361 - An act to add and repeal Section 89305.6 of the Education Code, and to amend, repeal, and add Section 54953 of, and to add and repeal Section 11133 of, the Government Code, relating to open meetings, and declaring the urgency thereof, to take effect immediately. https://leginfo.legislature.ca.gov/faces/billTextClient.xhtml?bill_id=202120220AB361 #10..
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City Council, August 23, 2022
Assembly Bill 361-Continued Remote Teleconference Meetings

Approved by:

Jose M. Sanchez, City Attorney
Joseph P. Lopez, City Manager
Attachments:

1. Resolution

2. Assembly Bill 361
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MODESTO CITY COUNCIL
RESOLUTION NO. 2022-XX

RESOLUTION CONTINUING TO AUTHORIZE REMOTE

TELECONFERENCE MEETINGS OF THE CITY OF MODESTO PURSUANT TO ASSEMBLY BILL 361
WHEREAS, the City of Modesto (the “City”) is committed to preserving and promoting public access and participation in meetings of the legislative bodies; and WHEREAS, all meetings of the City are open and public, as required by the Ralph M.

Brown Act (Cal. Gov. Code 54950 – 54963), so that any member of the public may attend, participate, and watch the City conduct their business; and WHEREAS, on March 4, 2020, Governor Newsom declared a State of Emergency to make additional resources available, formalize emergency actions already underway across multiple state agencies and departments, and help the State prepare for a broader spread of the novel coronavirus disease 2019 (“COVID-19”); and WHEREAS, on March 19, 2020, the City Council adopted Resolution Number 2020-140, ratifying the proclamation of a local emergency by the Director of Emergency Services due to COVID-19; and
WHEREAS, on March 17, 2020, in response to the COVID-19 pandemic, Governor Newsom issued Executive Order N-29-20 suspending certain provisions of the Ralph M. Brown Act in order to allow local legislative bodies to conduct meetings telephonically or by other means; and
WHEREAS, on June 11, 2021, Governor Newsom issued Executive Order N-08- 21, which, effective September 30, 2021, repealed the provisions of Executive Order N29-20 that allowed local legislative bodies to conduct meetings telephonically or by other means; and
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WHEREAS, on September 16, 2021, Governor Newsom signed Assembly Bill 361 (2021) (“AB 361”), which allows for remote teleconferencing participation in meetings by members of a legislative body without compliance with the requirements of Government Code section 54953(b)(3), subject to the existence of certain conditions; and WHEREAS, a required condition of AB 361 is that a state of emergency is declared by the Governor pursuant to Government Code section 8625, proclaiming the existence of conditions of disaster or of extreme peril to the safety of persons and property within the state caused by conditions as described in Government Code section 8558; and
WHEREAS, AB 361 further requires that state or local officials have imposed or recommended measures to promote social distancing, or, that the legislative body meeting in person would present imminent risks to the health and safety of attendees; and WHEREAS, on September 28, 2021, the City Council adopted Resolution No. 2021-370 authorizing remote teleconference meetings pursuant to AB361 (Government Code section 54953(e)); and
WHEREAS, the City is required to make certain findings every thirty (30) days to continue teleconferencing under Government Code section 54953(e)(3), including reconsideration of the state of emergency declared by the Governor pursuant to Government Code section 8625, and whether State or local officials continue to impose or recommend measures to promote social distancing; and #10..
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WHEREAS, the City Council has considered the circumstances of the Governor’s state of emergency proclamation pursuant to Government Code section 8625, which remains active; and
WHEREAS, on March 8, 2022, the County of Stanislaus Board of Supervisors terminated the Declaration of a Local Health Emergency that was issued on March 11, 2020; and
WHEREAS, the Stanislaus County Public Health Services Agency still strongly recommends community members to wear a mask while in “any indoor public space” along with other recommendations intended to promote social distancing measures; and WHEREAS, the City Council, acting for itself and for the benefit of all of the City’s commissions, committees, and other bodies (collectively referred to as the “Legislative Bodies”), does hereby find that the Legislative Bodies shall continue to conduct their meetings without compliance with Government Code section 54953(b)(3), as authorized by Government Code section 54953(e), and that the Legislative Bodies shall continue to comply with the requirements to provide the public with access to the meetings as prescribed in Government Code section 54953(e)(2) as a consequence of the ongoing state of emergency and the continued social distancing measures required by local officials.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MODESTO DOES HEREBY RESOLVE AS FOLLOWS:

Section 1. Recitals. The Recitals set forth above are true and correct and are incorporated into this Resolution by this reference.
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Section 2. Consideration of State of Emergency. The City Council has considered the conditions of the state of emergency declared pursuant to Government Code section 8625, and determined that such emergency conditions continue to be present in the City.

Section 3. Continued Social Distancing Measures by State and Local Officials.

The City Council finds that the County of Stanislaus Health Officer’s recommended measures to promote social distancing remain in effect.

Section 4. Remote Teleconference Meetings. The City Council finds that the conditions continue to exist pursuant to Government Code section 54953(e)(3) to allow Legislative Bodies to use teleconferencing to hold public meetings in accordance with Government Code section 54953(e)(2) to ensure members of the public have continued access to safely observe and participate in local government meetings.

The foregoing Resolution was introduced in a regular meeting of the Council of the City of Modesto held on the 23rd day of August 2022, by Council Member ________, who moved its adoption, which motion being duly seconded by Council Member ______, was upon roll call carried and the resolution adopted by the following vote:

AYES: Council Members:

NOES: Council Members:

ABSENT: Council Members:

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

BY: _________________________________
JOSE M. SANCHEZ, City Attorney
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Assembly Bill No. 361
CHAPTER 165
An act to add and repeal Section 89305.6 of the Education Code, and to amend, repeal, and add Section 54953 of, and to add and repeal Section 11133 of, the Government Code, relating to open meetings, and declaring the urgency thereof, to take effect immediately.
[Approved by Governor September 16, 2021. Filed with
Secretary of State September 16, 2021.]
legislative counsel’s digest
AB 361, Robert Rivas. Open meetings: state and local agencies:
teleconferences.
(1)  Existing law, the Ralph M. Brown Act requires, with specified exceptions, that all meetings of a legislative body of a local agency, as those terms are defined, be open and public and that all persons be permitted to attend and participate. The act contains specified provisions regarding the timelines for posting an agenda and providing for the ability of the public to directly address the legislative body on any item of interest to the public.

The act generally requires all regular and special meetings of the legislative body be held within the boundaries of the territory over which the local agency exercises jurisdiction, subject to certain exceptions. The act allows for meetings to occur via teleconferencing subject to certain requirements, particularly that the legislative body notice each teleconference location of each member that will be participating in the public meeting, that each teleconference location be accessible to the public, that members of the public be allowed to address the legislative body at each teleconference location, that the legislative body post an agenda at each teleconference location, and that at least a quorum of the legislative body participate from locations within the boundaries of the local agency’s jurisdiction. The act provides an exemption to the jurisdictional requirement for health authorities, as defined. The act authorizes the district attorney or any interested person, subject to certain provisions, to commence an action by mandamus or injunction for the purpose of obtaining a judicial determination that specified actions taken by a legislative body are null and void.

Existing law, the California Emergency Services Act, authorizes the Governor, or the Director of Emergency Services when the governor is inaccessible, to proclaim a state of emergency under specified circumstances.

Executive Order No. N-29-20 suspends the Ralph M. Brown Act’s requirements for teleconferencing during the COVID-19 pandemic provided that notice and accessibility requirements are met, the public members are allowed to observe and address the legislative body at the meeting, and that a legislative body of a local agency has a procedure for receiving and swiftly

92 #10..
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resolving requests for reasonable accommodation for individuals with disabilities, as specified.

This bill, until January 1, 2024, would authorize a local agency to use teleconferencing without complying with the teleconferencing requirements imposed by the Ralph M. Brown Act when a legislative body of a local agency holds a meeting during a declared state of emergency, as that term is defined, when state or local health officials have imposed or recommended measures to promote social distancing, during a proclaimed state of emergency held for the purpose of determining, by majority vote, whether meeting in person would present imminent risks to the health or safety of attendees, and during a proclaimed state of emergency when the legislative body has determined that meeting in person would present imminent risks to the health or safety of attendees, as provided.

This bill would require legislative bodies that hold teleconferenced meetings under these abbreviated teleconferencing procedures to give notice of the meeting and post agendas, as described, to allow members of the public to access the meeting and address the legislative body, to give notice of the means by which members of the public may access the meeting and offer public comment, including an opportunity for all persons to attend via a call-in option or an internet-based service option, and to conduct the meeting in a manner that protects the statutory and constitutional rights of the parties and the public appearing before the legislative body. The bill would require the legislative body to take no further action on agenda items when there is a disruption which prevents the public agency from broadcasting the meeting, or in the event of a disruption within the local agency’s control which prevents members of the public from offering public comments, until public access is restored. The bill would specify that actions taken during the disruption are subject to challenge proceedings, as specified.

This bill would prohibit the legislative body from requiring public comments to be submitted in advance of the meeting and would specify that the legislative body must provide an opportunity for the public to address the legislative body and offer comment in real time. The bill would prohibit the legislative body from closing the public comment period and the opportunity to register to provide public comment, until the public comment period has elapsed or until a reasonable amount of time has elapsed, as specified. When there is a continuing state of emergency, or when state or local officials have imposed or recommended measures to promote social distancing, the bill would require a legislative body to make specified findings not later than 30 days after the first teleconferenced meeting pursuant to these provisions, and to make those findings every 30 days thereafter, in order to continue to meet under these abbreviated teleconferencing procedures.

Existing law prohibits a legislative body from requiring, as a condition to attend a meeting, a person to register the person’s name, or to provide other information, or to fulfill any condition precedent to the person’s attendance.
92 Ch. 165 — 2 —
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This bill would exclude from that prohibition, a registration requirement imposed by a third-party internet website or other online platform not under the control of the legislative body.
(2)  Existing law, the Bagley-Keene Open Meeting Act, requires, with specified exceptions, that all meetings of a state body be open and public and all persons be permitted to attend any meeting of a state body. The act requires at least one member of the state body to be physically present at the location specified in the notice of the meeting.

The Governor’s Executive Order No. N-29-20 suspends the requirements of the Bagley-Keene Open Meeting Act for teleconferencing during the COVID-19 pandemic, provided that notice and accessibility requirements are met, the public members are allowed to observe and address the state body at the meeting, and that a state body has a procedure for receiving and swiftly resolving requests for reasonable accommodation for individuals with disabilities, as specified.

This bill, until January 31, 2022, would authorize, subject to specified notice and accessibility requirements, a state body to hold public meetings through teleconferencing and to make public meetings accessible telephonically, or otherwise electronically, to all members of the public seeking to observe and to address the state body. With respect to a state body holding a public meeting pursuant to these provisions, the bill would suspend certain requirements of existing law, including the requirements that each teleconference location be accessible to the public and that members of the public be able to address the state body at each teleconference location. Under the bill, a state body that holds a meeting through teleconferencing and allows members of the public to observe and address the meeting telephonically or otherwise electronically would satisfy any requirement that the state body allow members of the public to attend the meeting and offer public comment. The bill would require that each state body that holds a meeting through teleconferencing provide notice of the meeting, and post the agenda, as provided. The bill would urge state bodies utilizing these teleconferencing procedures in the bill to use sound discretion and to make reasonable efforts to adhere as closely as reasonably possible to existing law, as provided.
(3)  Existing law establishes the various campuses of the California State University under the administration of the Trustees of the California State University, and authorizes the establishment of student body organizations in connection with the operations of California State University campuses.

The Gloria Romero Open Meetings Act of 2000 generally requires a legislative body, as defined, of a student body organization to conduct its business in a meeting that is open and public. The act authorizes the legislative body to use teleconferencing, as defined, for the benefit of the public and the legislative body in connection with any meeting or proceeding authorized by law.

This bill, until January 31, 2022, would authorize, subject to specified notice and accessibility requirements, a legislative body, as defined for purposes of the act, to hold public meetings through teleconferencing and 92 — 3 — Ch. 165
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to make public meetings accessible telephonically, or otherwise electronically, to all members of the public seeking to observe and to address the legislative body. With respect to a legislative body holding a public meeting pursuant to these provisions, the bill would suspend certain requirements of existing law, including the requirements that each teleconference location be accessible to the public and that members of the public be able to address the legislative body at each teleconference location.

Under the bill, a legislative body that holds a meeting through teleconferencing and allows members of the public to observe and address the meeting telephonically or otherwise electronically would satisfy any requirement that the legislative body allow members of the public to attend the meeting and offer public comment. The bill would require that each legislative body that holds a meeting through teleconferencing provide notice of the meeting, and post the agenda, as provided. The bill would urge legislative bodies utilizing these teleconferencing procedures in the bill to use sound discretion and to make reasonable efforts to adhere as closely as reasonably possible to existing law, as provided.
(4)  This bill would declare the Legislature’s intent, consistent with the Governor’s Executive Order No. N-29-20, to improve and enhance public access to state and local agency meetings during the COVID-19 pandemic and future emergencies by allowing broader access through teleconferencing options.
(5)  This bill would incorporate additional changes to Section 54953 of the Government Code proposed by AB 339 to be operative only if this bill and AB 339 are enacted and this bill is enacted last.
(6)  The California Constitution requires local agencies, for the purpose of ensuring public access to the meetings of public bodies and the writings of public officials and agencies, to comply with a statutory enactment that amends or enacts laws relating to public records or open meetings and contains findings demonstrating that the enactment furthers the constitutional requirements relating to this purpose.

This bill would make legislative findings to that effect. (7)  Existing constitutional provisions require that a statute that limits the right of access to the meetings of public bodies or the writings of public officials and agencies be adopted with findings demonstrating the interest protected by the limitation and the need for protecting that interest.

This bill would make legislative findings to that effect. (8)  This bill would declare that it is to take effect immediately as an urgency statute.

The people of the State of California do enact as follows:

SECTION 1. Section 89305.6 is added to the Education Code, to read:
89305.6. (a)  Notwithstanding any other provision of this article, and subject to the notice and accessibility requirements in subdivisions (d) and (e), a legislative body may hold public meetings through teleconferencing 92 Ch. 165 — 4 —
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and make public meetings accessible telephonically, or otherwise electronically, to all members of the public seeking to observe and to address the legislative body.
(b)  (1)  For a legislative body holding a public meeting through teleconferencing pursuant to this section, all requirements in this article requiring the physical presence of members, the clerk or other personnel of the legislative body, or the public, as a condition of participation in or quorum for a public meeting, are hereby suspended.
(2)  For a legislative body holding a public meeting through teleconferencing pursuant to this section, all of the following requirements in this article are suspended:
(A)  Each teleconference location from which a member will be participating in a public meeting or proceeding be identified in the notice and agenda of the public meeting or proceeding.
(B)  Each teleconference location be accessible to the public. (C)  Members of the public may address the legislative body at each teleconference conference location.
(D)  Post agendas at all teleconference locations.
(E)  At least one member of the legislative body be physically present at the location specified in the notice of the meeting.
(c)  A legislative body that holds a meeting through teleconferencing and allows members of the public to observe and address the meeting telephonically or otherwise electronically, consistent with the notice and accessibility requirements in subdivisions (d) and (e), shall have satisfied any requirement that the legislative body allow members of the public to attend the meeting and offer public comment. A legislative body need not make available any physical location from which members of the public may observe the meeting and offer public comment.
(d)  If a legislative body holds a meeting through teleconferencing pursuant to this section and allows members of the public to observe and address the meeting telephonically or otherwise electronically, the legislative body shall also do both of the following:
(1)  Implement a procedure for receiving and swiftly resolving requests for reasonable modification or accommodation from individuals with disabilities, consistent with the federal Americans with Disabilities Act of 1990 (42 U.S.C. Sec. 12101 et seq.), and resolving any doubt whatsoever in favor of accessibility.
(2)  Advertise that procedure each time notice is given of the means by which members of the public may observe the meeting and offer public comment, pursuant to paragraph (2) of subdivision (e).
(e)  Except to the extent this section provides otherwise, each legislative body that holds a meeting through teleconferencing pursuant to this section shall do both of the following:
(1)  Give advance notice of the time of, and post the agenda for, each public meeting according to the timeframes otherwise prescribed by this article, and using the means otherwise prescribed by this article, as applicable.
92 — 5 — Ch. 165
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(2)  In each instance in which notice of the time of the meeting is otherwise given or the agenda for the meeting is otherwise posted, also give notice of the means by which members of the public may observe the meeting and offer public comment. As to any instance in which there is a change in the means of public observation and comment, or any instance prior to the effective date of this section in which the time of the meeting has been noticed or the agenda for the meeting has been posted without also including notice of the means of public observation and comment, a legislative body may satisfy this requirement by advertising the means of public observation and comment using the most rapid means of communication available at the time. Advertising the means of public observation and comment using the most rapid means of communication available at the time shall include, but need not be limited to, posting such means on the legislative body’s internet website.
(f)  All legislative bodies utilizing the teleconferencing procedures in this section are urged to use sound discretion and to make reasonable efforts to adhere as closely as reasonably possible to the otherwise applicable provisions of this article, in order to maximize transparency and provide the public access to legislative body meetings.
(g)  This section shall remain in effect only until January 31, 2022, and as of that date is repealed.

SEC. 2. Section 11133 is added to the Government Code, to read:
11133. (a)  Notwithstanding any other provision of this article, and subject to the notice and accessibility requirements in subdivisions (d) and (e), a state body may hold public meetings through teleconferencing and make public meetings accessible telephonically, or otherwise electronically, to all members of the public seeking to observe and to address the state body.
(b)  (1)  For a state body holding a public meeting through teleconferencing pursuant to this section, all requirements in this article requiring the physical presence of members, the clerk or other personnel of the state body, or the public, as a condition of participation in or quorum for a public meeting, are hereby suspended.
(2)  For a state body holding a public meeting through teleconferencing pursuant to this section, all of the following requirements in this article are suspended:
(A)  Each teleconference location from which a member will be participating in a public meeting or proceeding be identified in the notice and agenda of the public meeting or proceeding.
(B)  Each teleconference location be accessible to the public. (C)  Members of the public may address the state body at each teleconference conference location.
(D)  Post agendas at all teleconference locations.
(E)  At least one member of the state body be physically present at the location specified in the notice of the meeting.
(c)  A state body that holds a meeting through teleconferencing and allows members of the public to observe and address the meeting telephonically 92 Ch. 165 — 6 —
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or otherwise electronically, consistent with the notice and accessibility requirements in subdivisions (d) and (e), shall have satisfied any requirement that the state body allow members of the public to attend the meeting and offer public comment. A state body need not make available any physical location from which members of the public may observe the meeting and offer public comment.
(d)  If a state body holds a meeting through teleconferencing pursuant to this section and allows members of the public to observe and address the meeting telephonically or otherwise electronically, the state body shall also do both of the following:
(1)  Implement a procedure for receiving and swiftly resolving requests for reasonable modification or accommodation from individuals with disabilities, consistent with the federal Americans with Disabilities Act of 1990 (42 U.S.C. Sec. 12101 et seq.), and resolving any doubt whatsoever in favor of accessibility.
(2)  Advertise that procedure each time notice is given of the means by which members of the public may observe the meeting and offer public comment, pursuant to paragraph (2) of subdivision (e).
(e)  Except to the extent this section provides otherwise, each state body that holds a meeting through teleconferencing pursuant to this section shall do both of the following:
(1)  Give advance notice of the time of, and post the agenda for, each public meeting according to the timeframes otherwise prescribed by this article, and using the means otherwise prescribed by this article, as applicable.
(2)  In each instance in which notice of the time of the meeting is otherwise given or the agenda for the meeting is otherwise posted, also give notice of the means by which members of the public may observe the meeting and offer public comment. As to any instance in which there is a change in the means of public observation and comment, or any instance prior to the effective date of this section in which the time of the meeting has been noticed or the agenda for the meeting has been posted without also including notice of the means of public observation and comment, a state body may satisfy this requirement by advertising the means of public observation and comment using the most rapid means of communication available at the time. Advertising the means of public observation and comment using the most rapid means of communication available at the time shall include, but need not be limited to, posting such means on the state body’s internet website.
(f)  All state bodies utilizing the teleconferencing procedures in this section are urged to use sound discretion and to make reasonable efforts to adhere as closely as reasonably possible to the otherwise applicable provisions of this article, in order to maximize transparency and provide the public access to state body meetings.
(g)  This section shall remain in effect only until January 31, 2022, and as of that date is repealed.

SEC. 3. Section 54953 of the Government Code is amended to read:
92 — 7 — Ch. 165
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54953. (a)  All meetings of the legislative body of a local agency shall be open and public, and all persons shall be permitted to attend any meeting of the legislative body of a local agency, except as otherwise provided in this chapter.
(b)  (1)  Notwithstanding any other provision of law, the legislative body of a local agency may use teleconferencing for the benefit of the public and the legislative body of a local agency in connection with any meeting or proceeding authorized by law. The teleconferenced meeting or proceeding shall comply with all otherwise applicable requirements of this chapter and all otherwise applicable provisions of law relating to a specific type of meeting or proceeding.
(2)  Teleconferencing, as authorized by this section, may be used for all purposes in connection with any meeting within the subject matter jurisdiction of the legislative body. All votes taken during a teleconferenced meeting shall be by rollcall.
(3)  If the legislative body of a local agency elects to use teleconferencing, it shall post agendas at all teleconference locations and conduct teleconference meetings in a manner that protects the statutory and constitutional rights of the parties or the public appearing before the legislative body of a local agency. Each teleconference location shall be identified in the notice and agenda of the meeting or proceeding, and each teleconference location shall be accessible to the public. During the teleconference, at least a quorum of the members of the legislative body shall participate from locations within the boundaries of the territory over which the local agency exercises jurisdiction, except as provided in subdivisions (d) and (e). The agenda shall provide an opportunity for members of the public to address the legislative body directly pursuant to Section 54954.3 at each teleconference location.
(4)  For the purposes of this section, “teleconference” means a meeting of a legislative body, the members of which are in different locations, connected by electronic means, through either audio or video, or both.

Nothing in this section shall prohibit a local agency from providing the public with additional teleconference locations.
(c)  (1)  No legislative body shall take action by secret ballot, whether preliminary or final.
(2)  The legislative body of a local agency shall publicly report any action taken and the vote or abstention on that action of each member present for the action.
(3)  Prior to taking final action, the legislative body shall orally report a summary of a recommendation for a final action on the salaries, salary schedules, or compensation paid in the form of fringe benefits of a local agency executive, as defined in subdivision (d) of Section 3511.1, during the open meeting in which the final action is to be taken. This paragraph shall not affect the public’s right under the California Public Records Act (Chapter 3.5 (commencing with Section 6250) of Division 7 of Title 1) to inspect or copy records created or received in the process of developing the recommendation.
92 Ch. 165 — 8 —
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(d)  (1)  Notwithstanding the provisions relating to a quorum in paragraph (3) of subdivision (b), if a health authority conducts a teleconference meeting, members who are outside the jurisdiction of the authority may be counted toward the establishment of a quorum when participating in the teleconference if at least 50 percent of the number of members that would establish a quorum are present within the boundaries of the territory over which the authority exercises jurisdiction, and the health authority provides a teleconference number, and associated access codes, if any, that allows any person to call in to participate in the meeting and the number and access codes are identified in the notice and agenda of the meeting. (2)  Nothing in this subdivision shall be construed as discouraging health authority members from regularly meeting at a common physical site within the jurisdiction of the authority or from using teleconference locations within or near the jurisdiction of the authority. A teleconference meeting for which a quorum is established pursuant to this subdivision shall be subject to all other requirements of this section.
(3)  For purposes of this subdivision, a health authority means any entity created pursuant to Sections 14018.7, 14087.31, 14087.35, 14087.36, 14087.38, and 14087.9605 of the Welfare and Institutions Code, any joint powers authority created pursuant to Article 1 (commencing with Section 6500) of Chapter 5 of Division 7 for the purpose of contracting pursuant to Section 14087.3 of the Welfare and Institutions Code, and any advisory committee to a county-sponsored health plan licensed pursuant to Chapter

2.2 (commencing with Section 1340) of Division 2 of the Health and Safety Code if the advisory committee has 12 or more members.
(e)  (1)  A local agency may use teleconferencing without complying with the requirements of paragraph (3) of subdivision (b) if the legislative body complies with the requirements of paragraph (2) of this subdivision in any of the following circumstances:
(A)  The legislative body holds a meeting during a proclaimed state of emergency, and state or local officials have imposed or recommended measures to promote social distancing.
(B)  The legislative body holds a meeting during a proclaimed state of emergency for the purpose of determining, by majority vote, whether as a result of the emergency, meeting in person would present imminent risks to the health or safety of attendees.
(C)  The legislative body holds a meeting during a proclaimed state of emergency and has determined, by majority vote, pursuant to subparagraph (B), that, as a result of the emergency, meeting in person would present imminent risks to the health or safety of attendees.
(2)  A legislative body that holds a meeting pursuant to this subdivision shall do all of the following:
(A)  The legislative body shall give notice of the meeting and post agendas as otherwise required by this chapter.
(B)  The legislative body shall allow members of the public to access the meeting and the agenda shall provide an opportunity for members of the public to address the legislative body directly pursuant to Section 54954.3. 92 — 9 — Ch. 165
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In each instance in which notice of the time of the teleconferenced meeting is otherwise given or the agenda for the meeting is otherwise posted, the legislative body shall also give notice of the means by which members of the public may access the meeting and offer public comment. The agenda shall identify and include an opportunity for all persons to attend via a call-in option or an internet-based service option. This subparagraph shall not be construed to require the legislative body to provide a physical location from which the public may attend or comment.
(C)  The legislative body shall conduct teleconference meetings in a manner that protects the statutory and constitutional rights of the parties and the public appearing before the legislative body of a local agency. (D)  In the event of a disruption which prevents the public agency from broadcasting the meeting to members of the public using the call-in option or internet-based service option, or in the event of a disruption within the local agency’s control which prevents members of the public from offering public comments using the call-in option or internet-based service option, the body shall take no further action on items appearing on the meeting agenda until public access to the meeting via the call-in option or internet-based service option is restored. Actions taken on agenda items during a disruption which prevents the public agency from broadcasting the meeting may be challenged pursuant to Section 54960.1.
(E)  The legislative body shall not require public comments to be submitted in advance of the meeting and must provide an opportunity for the public to address the legislative body and offer comment in real time.

This subparagraph shall not be construed to require the legislative body to provide a physical location from which the public may attend or comment. (F)  Notwithstanding Section 54953.3, an individual desiring to provide public comment through the use of an internet website, or other online platform, not under the control of the local legislative body, that requires registration to log in to a teleconference may be required to register as required by the third-party internet website or online platform to participate. (G)  (i)  A legislative body that provides a timed public comment period for each agenda item shall not close the public comment period for the agenda item, or the opportunity to register, pursuant to subparagraph (F), to provide public comment until that timed public comment period has elapsed.
(ii)  A legislative body that does not provide a timed public comment period, but takes public comment separately on each agenda item, shall allow a reasonable amount of time per agenda item to allow public members the opportunity to provide public comment, including time for members of the public to register pursuant to subparagraph (F), or otherwise be recognized for the purpose of providing public comment. (iii)  A legislative body that provides a timed general public comment period that does not correspond to a specific agenda item shall not close the public comment period or the opportunity to register, pursuant to subparagraph (F), until the timed general public comment period has elapsed. 92 Ch. 165 — 10 —
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(3)  If a state of emergency remains active, or state or local officials have imposed or recommended measures to promote social distancing, in order to continue to teleconference without compliance with paragraph (3) of subdivision (b), the legislative body shall, not later than 30 days after teleconferencing for the first time pursuant to subparagraph (A), (B), or (C) of paragraph (1), and every 30 days thereafter, make the following findings by majority vote:
(A)  The legislative body has reconsidered the circumstances of the state of emergency.
(B)  Any of the following circumstances exist:
(i)  The state of emergency continues to directly impact the ability of the members to meet safely in person.
(ii)  State or local officials continue to impose or recommend measures to promote social distancing.
(4)  For the purposes of this subdivision, “state of emergency” means a state of emergency proclaimed pursuant to Section 8625 of the California Emergency Services Act (Article 1 (commencing with Section 8550) of Chapter 7 of Division 1 of Title 2).
(f)  This section shall remain in effect only until January 1, 2024, and as of that date is repealed.

SEC. 3.1. Section 54953 of the Government Code is amended to read:
54953. (a)  All meetings of the legislative body of a local agency shall be open and public, and all persons shall be permitted to attend any meeting of the legislative body of a local agency in person, except as otherwise provided in this chapter. Local agencies shall conduct meetings subject to this chapter consistent with applicable state and federal civil rights laws, including, but not limited to, any applicable language access and other nondiscrimination obligations.
(b)  (1)  Notwithstanding any other provision of law, the legislative body of a local agency may use teleconferencing for the benefit of the public and the legislative body of a local agency in connection with any meeting or proceeding authorized by law. The teleconferenced meeting or proceeding shall comply with all otherwise applicable requirements of this chapter and all otherwise applicable provisions of law relating to a specific type of meeting or proceeding.
(2)  Teleconferencing, as authorized by this section, may be used for all purposes in connection with any meeting within the subject matter jurisdiction of the legislative body. All votes taken during a teleconferenced meeting shall be by rollcall.
(3)  If the legislative body of a local agency elects to use teleconferencing, it shall post agendas at all teleconference locations and conduct teleconference meetings in a manner that protects the statutory and constitutional rights of the parties or the public appearing before the legislative body of a local agency. Each teleconference location shall be identified in the notice and agenda of the meeting or proceeding, and each teleconference location shall be accessible to the public. During the teleconference, at least a quorum of the members of the legislative body 92 — 11 — Ch. 165
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shall participate from locations within the boundaries of the territory over which the local agency exercises jurisdiction, except as provided in subdivisions (d) and (e). The agenda shall provide an opportunity for members of the public to address the legislative body directly pursuant to Section 54954.3 at each teleconference location.
(4)  For the purposes of this section, “teleconference” means a meeting of a legislative body, the members of which are in different locations, connected by electronic means, through either audio or video, or both.

Nothing in this section shall prohibit a local agency from providing the public with additional teleconference locations.
(c)  (1)  No legislative body shall take action by secret ballot, whether preliminary or final.
(2)  The legislative body of a local agency shall publicly report any action taken and the vote or abstention on that action of each member present for the action.
(3)  Prior to taking final action, the legislative body shall orally report a summary of a recommendation for a final action on the salaries, salary schedules, or compensation paid in the form of fringe benefits of a local agency executive, as defined in subdivision (d) of Section 3511.1, during the open meeting in which the final action is to be taken. This paragraph shall not affect the public’s right under the California Public Records Act (Chapter 3.5 (commencing with Section 6250) of Division 7 of Title 1) to inspect or copy records created or received in the process of developing the recommendation.
(d)  (1)  Notwithstanding the provisions relating to a quorum in paragraph (3) of subdivision (b), if a health authority conducts a teleconference meeting, members who are outside the jurisdiction of the authority may be counted toward the establishment of a quorum when participating in the teleconference if at least 50 percent of the number of members that would establish a quorum are present within the boundaries of the territory over which the authority exercises jurisdiction, and the health authority provides a teleconference number, and associated access codes, if any, that allows any person to call in to participate in the meeting and the number and access codes are identified in the notice and agenda of the meeting. (2)  Nothing in this subdivision shall be construed as discouraging health authority members from regularly meeting at a common physical site within the jurisdiction of the authority or from using teleconference locations within or near the jurisdiction of the authority. A teleconference meeting for which a quorum is established pursuant to this subdivision shall be subject to all other requirements of this section.
(3)  For purposes of this subdivision, a health authority means any entity created pursuant to Sections 14018.7, 14087.31, 14087.35, 14087.36, 14087.38, and 14087.9605 of the Welfare and Institutions Code, any joint powers authority created pursuant to Article 1 (commencing with Section 6500) of Chapter 5 of Division 7 for the purpose of contracting pursuant to Section 14087.3 of the Welfare and Institutions Code, and any advisory committee to a county-sponsored health plan licensed pursuant to Chapter 92 Ch. 165 — 12 —
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2.2 (commencing with Section 1340) of Division 2 of the Health and Safety Code if the advisory committee has 12 or more members.
(e)  (1)  A local agency may use teleconferencing without complying with the requirements of paragraph (3) of subdivision (b) if the legislative body complies with the requirements of paragraph (2) of this subdivision in any of the following circumstances:
(A)  The legislative body holds a meeting during a proclaimed state of emergency, and state or local officials have imposed or recommended measures to promote social distancing.
(B)  The legislative body holds a meeting during a proclaimed state of emergency for the purpose of determining, by majority vote, whether as a result of the emergency, meeting in person would present imminent risks to the health or safety of attendees.
(C)  The legislative body holds a meeting during a proclaimed state of emergency and has determined, by majority vote, pursuant to subparagraph (B), that, as a result of the emergency, meeting in person would present imminent risks to the health or safety of attendees.
(2)  A legislative body that holds a meeting pursuant to this subdivision shall do all of the following:
(A)  The legislative body shall give notice of the meeting and post agendas as otherwise required by this chapter.
(B)  The legislative body shall allow members of the public to access the meeting and the agenda shall provide an opportunity for members of the public to address the legislative body directly pursuant to Section 54954.3.

In each instance in which notice of the time of the teleconferenced meeting is otherwise given or the agenda for the meeting is otherwise posted, the legislative body shall also give notice of the means by which members of the public may access the meeting and offer public comment. The agenda shall identify and include an opportunity for all persons to attend via a call-in option or an internet-based service option. This subparagraph shall not be construed to require the legislative body to provide a physical location from which the public may attend or comment.
(C)  The legislative body shall conduct teleconference meetings in a manner that protects the statutory and constitutional rights of the parties and the public appearing before the legislative body of a local agency. (D)  In the event of a disruption which prevents the public agency from broadcasting the meeting to members of the public using the call-in option or internet-based service option, or in the event of a disruption within the local agency’s control which prevents members of the public from offering public comments using the call-in option or internet-based service option, the body shall take no further action on items appearing on the meeting agenda until public access to the meeting via the call-in option or internet-based service option is restored. Actions taken on agenda items during a disruption which prevents the public agency from broadcasting the meeting may be challenged pursuant to Section 54960.1.
(E)  The legislative body shall not require public comments to be submitted in advance of the meeting and must provide an opportunity for 92 — 13 — Ch. 165
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the public to address the legislative body and offer comment in real time.

This subparagraph shall not be construed to require the legislative body to provide a physical location from which the public may attend or comment. (F)  Notwithstanding Section 54953.3, an individual desiring to provide public comment through the use of an internet website, or other online platform, not under the control of the local legislative body, that requires registration to log in to a teleconference may be required to register as required by the third-party internet website or online platform to participate. (G)  (i)  A legislative body that provides a timed public comment period for each agenda item shall not close the public comment period for the agenda item, or the opportunity to register, pursuant to subparagraph (F), to provide public comment until that timed public comment period has elapsed.
(ii)  A legislative body that does not provide a timed public comment period, but takes public comment separately on each agenda item, shall allow a reasonable amount of time per agenda item to allow public members the opportunity to provide public comment, including time for members of the public to register pursuant to subparagraph (F), or otherwise be recognized for the purpose of providing public comment. (iii)  A legislative body that provides a timed general public comment period that does not correspond to a specific agenda item shall not close the public comment period or the opportunity to register, pursuant to subparagraph (F), until the timed general public comment period has elapsed. (3)  If a state of emergency remains active, or state or local officials have imposed or recommended measures to promote social distancing, in order to continue to teleconference without compliance with paragraph (3) of subdivision (b), the legislative body shall, not later than 30 days after teleconferencing for the first time pursuant to subparagraph (A), (B), or (C) of paragraph (1), and every 30 days thereafter, make the following findings by majority vote:
(A)  The legislative body has reconsidered the circumstances of the state of emergency.
(B)  Any of the following circumstances exist:
(i)  The state of emergency continues to directly impact the ability of the members to meet safely in person.
(ii)  State or local officials continue to impose or recommend measures to promote social distancing.
(4)  For the purposes of this subdivision, “state of emergency” means a state of emergency proclaimed pursuant to Section 8625 of the California Emergency Services Act (Article 1 (commencing with Section 8550) of Chapter 7 of Division 1 of Title 2).
(f)  This section shall remain in effect only until January 1, 2024, and as of that date is repealed.

SEC. 4. Section 54953 is added to the Government Code, to read:
54953. (a)  All meetings of the legislative body of a local agency shall be open and public, and all persons shall be permitted to attend any meeting 92 Ch. 165 — 14 —
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of the legislative body of a local agency, except as otherwise provided in this chapter.
(b)  (1)  Notwithstanding any other provision of law, the legislative body of a local agency may use teleconferencing for the benefit of the public and the legislative body of a local agency in connection with any meeting or proceeding authorized by law. The teleconferenced meeting or proceeding shall comply with all requirements of this chapter and all otherwise applicable provisions of law relating to a specific type of meeting or proceeding.
(2)  Teleconferencing, as authorized by this section, may be used for all purposes in connection with any meeting within the subject matter jurisdiction of the legislative body. All votes taken during a teleconferenced meeting shall be by rollcall.
(3)  If the legislative body of a local agency elects to use teleconferencing, it shall post agendas at all teleconference locations and conduct teleconference meetings in a manner that protects the statutory and constitutional rights of the parties or the public appearing before the legislative body of a local agency. Each teleconference location shall be identified in the notice and agenda of the meeting or proceeding, and each teleconference location shall be accessible to the public. During the teleconference, at least a quorum of the members of the legislative body shall participate from locations within the boundaries of the territory over which the local agency exercises jurisdiction, except as provided in subdivision (d). The agenda shall provide an opportunity for members of the public to address the legislative body directly pursuant to Section 54954.3 at each teleconference location.
(4)  For the purposes of this section, “teleconference” means a meeting of a legislative body, the members of which are in different locations, connected by electronic means, through either audio or video, or both.

Nothing in this section shall prohibit a local agency from providing the public with additional teleconference locations
(c)  (1)  No legislative body shall take action by secret ballot, whether preliminary or final.
(2)  The legislative body of a local agency shall publicly report any action taken and the vote or abstention on that action of each member present for the action.
(3)  Prior to taking final action, the legislative body shall orally report a summary of a recommendation for a final action on the salaries, salary schedules, or compensation paid in the form of fringe benefits of a local agency executive, as defined in subdivision (d) of Section 3511.1, during the open meeting in which the final action is to be taken. This paragraph shall not affect the public’s right under the California Public Records Act (Chapter 3.5 (commencing with Section 6250) of Division 7 of Title 1) to inspect or copy records created or received in the process of developing the recommendation.
(d)  (1)  Notwithstanding the provisions relating to a quorum in paragraph (3) of subdivision (b), if a health authority conducts a teleconference meeting, 92 — 15 — Ch. 165
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members who are outside the jurisdiction of the authority may be counted toward the establishment of a quorum when participating in the teleconference if at least 50 percent of the number of members that would establish a quorum are present within the boundaries of the territory over which the authority exercises jurisdiction, and the health authority provides a teleconference number, and associated access codes, if any, that allows any person to call in to participate in the meeting and the number and access codes are identified in the notice and agenda of the meeting. (2)  Nothing in this subdivision shall be construed as discouraging health authority members from regularly meeting at a common physical site within the jurisdiction of the authority or from using teleconference locations within or near the jurisdiction of the authority. A teleconference meeting for which a quorum is established pursuant to this subdivision shall be subject to all other requirements of this section.
(3)  For purposes of this subdivision, a health authority means any entity created pursuant to Sections 14018.7, 14087.31, 14087.35, 14087.36, 14087.38, and 14087.9605 of the Welfare and Institutions Code, any joint powers authority created pursuant to Article 1 (commencing with Section 6500) of Chapter 5 of Division 7 for the purpose of contracting pursuant to Section 14087.3 of the Welfare and Institutions Code, and any advisory committee to a county-sponsored health plan licensed pursuant to Chapter

2.2 (commencing with Section 1340) of Division 2 of the Health and Safety Code if the advisory committee has 12 or more members.
(e)  This section shall become operative January 1, 2024.

SEC. 4.1. Section 54953 is added to the Government Code, to read:
54953. (a)  All meetings of the legislative body of a local agency shall be open and public, and all persons shall be permitted to attend any meeting of the legislative body of a local agency, in person except as otherwise provided in this chapter. Local agencies shall conduct meetings subject to this chapter consistent with applicable state and federal civil rights laws, including, but not limited to, any applicable language access and other nondiscrimination obligations.
(b)  (1)  Notwithstanding any other provision of law, the legislative body of a local agency may use teleconferencing for the benefit of the public and the legislative body of a local agency in connection with any meeting or proceeding authorized by law. The teleconferenced meeting or proceeding shall comply with all requirements of this chapter and all otherwise applicable provisions of law relating to a specific type of meeting or proceeding.
(2)  Teleconferencing, as authorized by this section, may be used for all purposes in connection with any meeting within the subject matter jurisdiction of the legislative body. All votes taken during a teleconferenced meeting shall be by rollcall.
(3)  If the legislative body of a local agency elects to use teleconferencing, it shall post agendas at all teleconference locations and conduct teleconference meetings in a manner that protects the statutory and constitutional rights of the parties or the public appearing before the 92 Ch. 165 — 16 —
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legislative body of a local agency. Each teleconference location shall be identified in the notice and agenda of the meeting or proceeding, and each teleconference location shall be accessible to the public. During the teleconference, at least a quorum of the members of the legislative body shall participate from locations within the boundaries of the territory over which the local agency exercises jurisdiction, except as provided in subdivision (d). The agenda shall provide an opportunity for members of the public to address the legislative body directly pursuant to Section 54954.3 at each teleconference location.
(4)  For the purposes of this section, “teleconference” means a meeting of a legislative body, the members of which are in different locations, connected by electronic means, through either audio or video, or both.

Nothing in this section shall prohibit a local agency from providing the public with additional teleconference locations.
(c)  (1)  No legislative body shall take action by secret ballot, whether preliminary or final.
(2)  The legislative body of a local agency shall publicly report any action taken and the vote or abstention on that action of each member present for the action.
(3)  Prior to taking final action, the legislative body shall orally report a summary of a recommendation for a final action on the salaries, salary schedules, or compensation paid in the form of fringe benefits of a local agency executive, as defined in subdivision (d) of Section 3511.1, during the open meeting in which the final action is to be taken. This paragraph shall not affect the public’s right under the California Public Records Act (Chapter 3.5 (commencing with Section 6250) of Division 7 of Title 1) to inspect or copy records created or received in the process of developing the recommendation.
(d)  (1)  Notwithstanding the provisions relating to a quorum in paragraph (3) of subdivision (b), if a health authority conducts a teleconference meeting, members who are outside the jurisdiction of the authority may be counted toward the establishment of a quorum when participating in the teleconference if at least 50 percent of the number of members that would establish a quorum are present within the boundaries of the territory over which the authority exercises jurisdiction, and the health authority provides a teleconference number, and associated access codes, if any, that allows any person to call in to participate in the meeting and the number and access codes are identified in the notice and agenda of the meeting. (2)  Nothing in this subdivision shall be construed as discouraging health authority members from regularly meeting at a common physical site within the jurisdiction of the authority or from using teleconference locations within or near the jurisdiction of the authority. A teleconference meeting for which a quorum is established pursuant to this subdivision shall be subject to all other requirements of this section.
(3)  For purposes of this subdivision, a health authority means any entity created pursuant to Sections 14018.7, 14087.31, 14087.35, 14087.36, 14087.38, and 14087.9605 of the Welfare and Institutions Code, any joint 92 — 17 — Ch. 165
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powers authority created pursuant to Article 1 (commencing with Section 6500) of Chapter 5 of Division 7 for the purpose of contracting pursuant to Section 14087.3 of the Welfare and Institutions Code, and any advisory committee to a county-sponsored health plan licensed pursuant to Chapter

2.2 (commencing with Section 1340) of Division 2 of the Health and Safety Code if the advisory committee has 12 or more members.
(e)  This section shall become operative January 1, 2024.

SEC. 5. Sections 3.1 and 4.1 of this bill incorporate amendments to Section 54953 of the Government Code proposed by both this bill and Assembly Bill 339. Those sections of this bill shall only become operative if (1) both bills are enacted and become effective on or before January 1, 2022, but this bill becomes operative first, (2) each bill amends Section 54953 of the Government Code, and (3) this bill is enacted after Assembly Bill 339, in which case Section 54953 of the Government Code, as amended by Sections 3 and 4 of this bill, shall remain operative only until the operative date of Assembly Bill 339, at which time Sections 3.1 and 4.1 of this bill shall become operative.

SEC. 6. It is the intent of the Legislature in enacting this act to improve and enhance public access to state and local agency meetings during the COVID-19 pandemic and future applicable emergencies, by allowing broader access through teleconferencing options consistent with the Governor’s Executive Order No. N-29-20 dated March 17, 2020, permitting expanded use of teleconferencing during the COVID-19 pandemic.

SEC. 7. The Legislature finds and declares that Sections 3 and 4 of this act, which amend, repeal, and add Section 54953 of the Government Code, further, within the meaning of paragraph (7) of subdivision (b) of Section 3 of Article I of the California Constitution, the purposes of that constitutional section as it relates to the right of public access to the meetings of local public bodies or the writings of local public officials and local agencies. Pursuant to paragraph (7) of subdivision (b) of Section 3 of Article I of the California Constitution, the Legislature makes the following findings:

This act is necessary to ensure minimum standards for public participation and notice requirements allowing for greater public participation in teleconference meetings during applicable emergencies.

SEC. 8. (a)  The Legislature finds and declares that during the COVID-19 public health emergency, certain requirements of the Bagley-Keene Open Meeting Act (Article 9 (commencing with Section 11120) of Chapter 1 of Part 1 of Division 3 of Title 2 of the Government Code) were suspended by Executive Order N-29-20. Audio and video teleconference were widely used to conduct public meetings in lieu of physical location meetings, and public meetings conducted by teleconference during the COVID-19 public health emergency have been productive, have increased public participation by all members of the public regardless of their location in the state and ability to travel to physical meeting locations, have protected the health and safety of civil servants and the public, and have reduced travel costs incurred by members of state bodies and reduced work hours spent traveling to and from meetings.
92 Ch. 165 — 18 —
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(b)  The Legislature finds and declares that Section 1 of this act, which adds and repeals Section 89305.6 of the Education Code, Section 2 of this act, which adds and repeals Section 11133 of the Government Code, and Sections 3 and 4 of this act, which amend, repeal, and add Section 54953 of the Government Code, all increase and potentially limit the public’s right of access to the meetings of public bodies or the writings of public officials and agencies within the meaning of Section 3 of Article I of the California Constitution. Pursuant to that constitutional provision, the Legislature makes the following findings to demonstrate the interest protected by this limitation and the need for protecting that interest:
(1)  By removing the requirement that public meetings be conducted at a primary physical location with a quorum of members present, this act protects the health and safety of civil servants and the public and does not preference the experience of members of the public who might be able to attend a meeting in a physical location over members of the public who cannot travel or attend that meeting in a physical location. (2)  By removing the requirement for agendas to be placed at the location of each public official participating in a public meeting remotely, including from the member’s private home or hotel room, this act protects the personal, private information of public officials and their families while preserving the public’s right to access information concerning the conduct of the people’s business.

SEC. 9. This act is an urgency statute necessary for the immediate preservation of the public peace, health, or safety within the meaning of Article IV of the California Constitution and shall go into immediate effect.

The facts constituting the necessity are:

In order to ensure that state and local agencies can continue holding public meetings while providing essential services like water, power, and fire protection to their constituents during public health, wildfire, or other states of emergencies, it is necessary that this act take effect immediately.

O
92 — 19 — Ch. 165
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CITY OF MODESTO

COUNCIL AGENDA REPORT
DATE OF MEETING:

August 23, 2022
Date: August 15, 2022
TO: Mayor and City Council
THROUGH: Joseph P. Lopez, City Manager
FROM: Jose M. Sanchez, City Attorney
Christina Alger, Director of Human Resources
SUBJECT: Fourth Amendment to Legal Services Agreement with Allen, Glaessner, Hazelwood & Werth, LLP
CONTACT: Jose M. Sanchez, City Attorney, 209-577-5284, [email protected] DESCRIPTION:

Consider approving a Fourth Amendment to the Legal Services Agreement with Allen, Glaessner, Hazelwood & Werth, LLP in the amount of $50,000, for a total agreement amount not to exceed $645,000 for continued representation. (Funding Source: General Liability Insurance Fund)
STRATEGIC PLAN ELEMENT:

This item supports the City’s 2020-2025 Strategic Plan Goals to build a high-performance organization and improve community safety.

BACKGROUND:

In 2014, in order to improve the transparency and delivery of legal services, our office prepared and Council approved a standard legal services contract. We have since used that agreement to enter into legal services. The City Attorney’s Office tracks the assigned budget and requests that Council amend the agreements when necessary.

DISCUSSION
On February 2, 2019, the City entered into a standard Legal Services Agreement with Allen, Glaessner, Hazelwood & Werth, LLP in the amount of $30,000 for representation in a police litigation matter. This agreement was amended to include additional police litigation and increase the budget by Resolution No. 2019-366, Resolution No. 2020-364, and most recently by Resolution No. 2021-145, Council approved a Third Amendment to the Legal Services Agreement to increase the agreement budget in the amount of $200,000, for a total not to exceed $595,000.

An increase to the agreement budget is needed in the amount of $50,000 to support continued services with police matters and litigation, for a total agreement amount not to exceed $645,000. #11..
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City Council, August 23, 2022
Fourth Amendment to Legal Services Agreement with
Allen, Glaessner, Hazelwood & Werth, LLP

FISCAL IMPACT:

Costs for Allen, Glaessner, Hazelwood & Werth, LLP will be absorbed within the General Liability Insurance Fund. The overall budget for the City Attorney’s Office will be set by Council as part of the budget process and the City Attorney will manage the office and services pursuant to that budget.

COMMITTEE RECOMMENDATION:

This item was not presented to a Committee.

RECOMMENDED COUNCIL ACTION:

Staff Recommendation:

Resolution approving a Fourth Amendment to the Legal Services Agreement with Allen, Glaessner, Hazelwood & Werth, LLP in the amount of $50,000, for a total agreement amount not to exceed $645,000, for continued representation and authorizing the City Manager or his designee, to execute the Amendment.

Approved by:

Jose M. Sanchez, City Attorney
________________________________________
Christina Alger, Director of Human Resources
Joseph P. Lopez, City Manager
Attachments:

1. Resolution

2. Fourth Amendment to the Legal Services Agreement with Allen, Glaessner, Hazelwood & Werth, LLP
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MODESTO CITY COUNCIL
RESOLUTION NO. 2022-XX

RESOLUTION APPROVING A FOURTH AMENDMENT TO THE LEGAL

SERVICES AGREEMENT WITH ALLEN, GLAESSNER, HAZELWOOD &
WERTH, LLP IN THE AMOUNT OF $50,000, FOR A TOTAL AGREEMENT AMOUNT NOT TO EXCEED $645,000, FOR CONTINUED REPRESENTATION

AND AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE, TO

EXECUTE THE AMENDMENT
WHEREAS, on February 2, 2019, the City entered into a standard Legal Services Agreement with Allen, Glaessner, Hazelwood & Werth, LLP in the amount of $30,000 for representation in a police litigation matter; and
WHEREAS, this agreement was amended to include additional police litigation and increase the budget by Resolution No. 2019-366, Resolution No. 2020-364, and most recently by Resolution No. 2021-145, Council approved a Third Amendment to the Legal Services Agreement to increase the agreement budget in the amount of $200,000, for a total not to exceed $595,000; and
WHEREAS, the City Attorney’s office has drafted a Fourth Amendment to the Legal Services agreement with Allen, Glaessner, Hazelwood & Werth, LLP for continued services.

NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Modesto that it hereby approves a Fourth Amendment to the Legal Services Agreement with Allen, Glaessner, Hazelwood & Werth, LLP in the amount of $50,000, for a total agreement amount not to exceed $645,000, as provided in Exhibit A attached hereto and incorporated herein, and further authorizes the City Attorney to execute such agreement in a form substantially similar to Exhibit A.

BE IT FURTHER RESOLVED, that the City Manager or his designee, are hereby authorized to execute the amendment, in a form approved by the City Attorney. #11..
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The foregoing resolution was introduced in a regular meeting of the Council of the City of Modesto held on the 23rd day of August 2022, by Councilmember ________, who moved its adoption, which motion being duly seconded by Councilmember ______, was upon roll call carried and the resolution adopted by the following vote:

AYES: Councilmembers:

NOES: Councilmembers:

ABSENT: Councilmembers:

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

BY: _________________________________
JOSE M. SANCHEZ, City Attorney
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FOURTH AMENDMENT TO LEGAL SERVICES AGREEMENT
This Fourth Amendment to the Legal Services (this “Fourth Amendment”), is made and entered into on 23rd day of August 2022 (“Effective Date”), by and between the CITY OF MODESTO, a California Municipal Corporation (“City”), and ALLEN, GLAESSNER, HAZELWOOD & WERTH, LLP (“Attorney”), located at 180 Montgomery Street, Suite 1200, San Francisco, California 94104. City and Attorney are hereinafter collectively referred to as the “Parties,” and singularly as “Party”.

RECITALS
WHEREAS, City and Attorney entered into a Legal Services Agreement (“Agreement”) to provide litigation, trial counsel, legal advice, representation and assistance to City in police matters; and
WHEREAS, this agreement was amended to increase the budget by Resolution No. 2019-366, Resolution No. 2020-364, and most recently by Resolution No. 2021-145, Council approved a Third Amendment to the Legal Services Agreement to increase the agreement budget in the amount of $200,000, for a total not to exceed $595,000; and WHEREAS, Attorney is specially trained, experienced and competent to perform such services; and
WHEREAS, the public interest, economy and general welfare will be served by the Agreement; and
WHEREAS, City and Attorney desire to amend the Agreement for further service by increasing the previously approved amount of fees from $595,000 to $645,000.

NOW, THEREFORE, it is hereby agreed that the Legal Services Agreement between the City of Modesto and Allen, Glaessner, Hazelwood & Werth, LLP dated February 2, 2019, and amended by Resolution No. 2019-366, 2020-364 and 2021-145, is amended as follows:

1. Section 2(a) of Paragraph 2, “Fees and Costs,” Hourly Rates is amended to state as follows:
“The total of all fees paid to Attorney for the performance of all services set forth in Section 1(thereafter the “Service”), and for all authorized Reimbursable Expenses (as defined hereafter), shall not exceed a total sum of six hundred forty-five thousand dollars ($645,000).”

2. Entire Agreement. The parties to this Fourth Amendment understand and agree that except as stated herein all terms and conditions of the original Agreement, dated February 2, 2019, remain in full force and effect to the extent they are not in conflict with this Fourth Amendment. This document, including all exhibits, contain the entire amendment to the Agreement between the Parties and supersedes whatever oral or written understanding they may #11..
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have had prior to the execution of this Fourth Amendment. No alteration to the terms of this Fourth Amendment shall be valid unless approved in writing by Attorney and by City, in accordance with applicable provision of the Modesto City Code.

3. Authority. The person signing this Fourth Amendment for Attorney hereby represents and warrants that he/she is fully authorized to sign this Fourth Amendment on behalf of Attorney and to bind Attorney to the performance of its obligations hereunder.

IN WITNESS WHEREOF, the Parties have executed this Fourth Amendment as of the dates stated below.

CITY OF MODESTO,
A Municipal Corporation
By:

Print name: Joseph P. Lopez
Title: City Manager
APPROVED TO AS FORM:
_____________________________________
Jose M. Sanchez, City Attorney
ATTEST:
____________________________________
Diane Nayares-Perez, City Clerk
________________________________
Joe Rodriguez, Risk Manager
[Signatures Continued on Next Page.]
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ATTORNEY:

ALLEN, GLAESSNER, HAZELWOOD & WERTH, LLP
______________________________________
______________________________________
Federal I.D. No.
______________________________________
State I.D. No.
______________________________________
City of Modesto Business Op. Tax Cert. No.

TYPE OF BUSINESS ENTITY (check one):
_____ Individual/Sole Proprietor
_____ Partnership
_____ Corporation
_____ Limited Liability Company
_____ Other (please specify: ______________)
______________________________________
Signature of Authorized Person
______________________________________
Title
______________________________________
Additional Signature (if required)
______________________________________
Title
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CITY OF MODESTO

COUNCIL AGENDA REPORT
DATE OF MEETING:

August 23, 2022
Date: August 11, 2022
TO: Mayor & City Council
THROUGH: Joseph P. Lopez, City Manager
FROM: Jaylen French, Director of Community and Economic Development SUBJECT: Second Amendment to WSP USA Construction Management Services Agreement for State Route 132 West Freeway/Expressway - Phase 1 Project CONTACT: John Rawles, Sr. Civil Engineer, [email protected], (209) 577-5253 DESCRIPTION:

Consider approving a Second Amendment to the Construction Management Services Agreement with WSP USA Inc. for the State Route 132 West Freeway/Expressway - Phase 1 Project, increasing the Agreement amount by $621,745 plus $62,175 in additional services, if needed, from $11,764,074 for a total amount not to exceed $12,447,994. (Funding Source:

Streets Capital Facility Fees)
STRATEGIC PLAN ELEMENT:

This action for the SR-132 West Freeway/Expressway Project is consistent with the Council’s 2020-2025 Strategic Plan Goal D, Ensure Safe, Efficient and Reliable Infrastructure.

Specifically, this item supports the SR132 West Freeway/Expressway Project and the City’s goal to expand alternative modes of travel, improve transportation flow, and drive economic vitality.

BACKGROUND:

The purpose of the State Route 132 West Freeway/Expressway - Phase 1 Project (Project) is to improve regional and interregional circulation, relieve traffic congestion along existing State Route 132, and enhance safety and operations for the existing and proposed transportation network.

On June 25, 2019, by Resolution No. 2019-295, City Council approved an Agreement with WSP USA Inc. for Construction Management Services in the amount of $8,973,533, plus $897,353 in additional services, for a total amount of $9,870,886.

On September 28, 2021, by Resolution 2021-372, City Council approved the First Amendment to the Agreement with WSP USA Inc. for Construction Management Services in the amount of $1,721,080, plus $172,108 in additional services, for a total amount of $1,893,188. #12..
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City Council, August 23, 2022
Second Amendment to WSP USA Construction Management Services Agreement for State Route 132 West Freeway/Expressway - Phase 1 Project

DISCUSSION:

Due to several crucial changes related to the Modesto Irrigation District (MID) Access Road, Carpenter Road Reconfiguration, and the Hot Mix Asphalt (HMA) Overlay of Kansas Avenue between N. Carpenter Road and N. Dakota Avenue, the Project is estimated to extend beyond the current contract completion date of June 20, 2022 to September 30, 2022, with Project Closeout being completed in December of this year.

On June 6, 2022, WSP submitted a Second Amendment Request to the Construction Management Services Agreement in the amount of $621,745. Staff recommends approving the Second Amendment to the Agreement with WSP USA Inc. to complete the scope of Construction Management Services for the Project.

FISCAL IMPACT:

The Project is supported by a complex matrix of funding sources; each having a variety of requirements and constraints. The Construction Management Service Agreement with WSP is funded through Regional Measure L Funds, which allows up to $9,870,886 in reimbursement.

This Second Amendment increases the original agreement amount by $621,745, plus $62,175 additional services, if needed, for a total not to exceed amount of $12,447,994, and will be funded with Streets Capital Facility Fees (CFF).

There are sufficient funds in the Streets CFF to support the amendment. Staff has reviewed other funding sources for the amendment; however, they are restricted to the construction contract for the project. Staff will continue to review and seek other funding sources for this amendment if they become available.

WSP CONSTRUCTION MANAGEMENT SERVICES AGREEMENT
Original Agreement, 6/25/2019 $8,973,533
First Additional Services Request $125,803
Second Additional Services Request $771,550
Contract w/Additional Services (Measure L) $9,870,886
First Amendment, 9/28/2021 $1,721,080
Additional Services $172,108
Amendment w/Additional Services (CFF) $1,893,188
Proposed Second Amendment $621,745
Additional Services, If Needed $62,175
Amendment w/Additional Services (CFF) $683,920
REVISED TOTAL AGREEMENT $12,447,994
COMMITTEE RECOMMENDATION:

On August 10, 2022, the Economic Development Committee recommended forwarding this item to Council for approval.
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City Council, August 23, 2022
Second Amendment to WSP USA Construction Management Services Agreement for State Route 132 West Freeway/Expressway - Phase 1 Project

CEQA/NEPA REQUIREMENTS:

Caltrans has completed California Environmental Quality Act (CEQA) and National Environmental Policy Act (NEPA) review of the Project with approval of the document as part of the PA&ED Phase on March 9, 2018.

RECOMMENDED COUNCIL ACTION:

Staff Recommendation:

Resolution approving a Second Amendment to the Construction Management Services Agreement with WSP USA Inc. for the State Route 132 West Freeway/Expressway - Phase 1 Project, increasing the Agreement amount by $621,745 plus $62,175 in additional services, if needed, from $11,764,074 for a total amount not to exceed $12,447,994, and authorizing the City Manager, or his designee to execute the Second Amendment to Agreement.

Approved by:

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

1. Resolution

2. WSP Second Amendment to Agreement for Construction Management Services

3. WSP Amendment Request with Exhibits “C-2” and “D-2”

4. WSP Original Agreement for Construction Management Services

5. WSP First Amendment to Agreement for Construction Management Services #12..
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08/23/22/CEDD/J. Rawles 1 2022-

MODESTO CITY COUNCIL
RESOLUTION NO. 2022-

RESOLUTION APPROVING A SECOND AMENDMENT TO THE

CONSTRUCTION MANAGEMENT SERVICES AGREEMENT WITH WSP USA INC. FOR THE STATE ROUTE 132 WEST FREEWAY/EXPRESSWAY - PHASE 1 PROJECT, INCREASING THE AGREEMENT AMOUNT BY $621,745 PLUS $62,175 IN ADDITIONAL SERVICES, IF NEEDED, FROM $11,764,074 FOR A TOTAL AMOUNT NOT TO EXCEED $12,447,994, AND AUTHORIZING THE

CITY MANAGER, OR HIS DESIGNEE TO EXECUTE THE SECOND

AMENDMENT TO AGREEMENT
WHEREAS, the purpose of the State Route 132 West Freeway/Expressway - Phase 1 Project (Project) is to improve regional and interregional circulation, relieve traffic congestion along existing State Route 132, and enhance safety and operations for the existing and proposed transportation network; and
WHEREAS, on June 25, 2019, by Resolution No. 2019-295, City Council approved an Agreement with WSP USA Inc. for Construction Management Services in the amount of $8,973,533, plus $897,353 in additional services, for a total amount of $9,870,886; and
WHEREAS, on September 28, 2021, by Resolution 2021-372, City Council approved the First Amendment to the Agreement with WSP USA Inc. for Construction Management Services in the amount of $1,721,080, plus $172,108 in additional services, for a total amount of $1,893,188; and
WHEREAS, due to several crucial changes related to the Modesto Irrigation District (MID) Access Road, Carpenter Road Reconfiguration, and the Hot Mix Asphalt (HMA) Overlay of Kansas Avenue between N. Carpenter Road and N. Dakota Avenue, the Project is estimated to extend beyond the current contract completion date of June 20, #12..
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08/23/22/CEDD/J. Rawles 2 2022-
2022 to September 30, 2022, with Project Closeout being completed in December of this year; and
WHEREAS, on June 6, 2022, WSP submitted a Second Amendment Request to the Construction Management Services Agreement in the amount of $621,745.

NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Modesto that it hereby approves the Second Amendment to the Construction Management Services Agreement with WSP USA Inc. for the State Route 132 West Freeway/Expressway - Phase 1 Project, increasing the agreement amount by $621,745 plus $62,175 additional services, if needed, from $11,764,074 for a total not to exceed amount of $12,447,994.

BE IT FURTHER RESOLVED, that the City Manager, or his designee, is authorized to execute the Second Amendment to the Agreement in a form approved by the City Attorney.
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08/23/22/CEDD/J. Rawles 3 2022-
The foregoing resolution was introduced at a regular meeting of the Council of the City of Modesto held on the 23rd day of August, 2022, by Councilmember ?, who moved its adoption, which motion being duly seconded by Councilmember ?, was upon roll call carried and the resolution adopted by the following vote:

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

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

BY:

JOSE M. SANCHEZ, City Attorney
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-1- City of Modesto
WSP USA Inc. Second Amendment State Route 132 West Freeway/Expressway - Phase 1 Project

SECOND AMENDMENT TO AGREEMENT

FOR CONSTRUCTION MANAGEMENT SERVICES
FOR STATE ROUTE 132 WEST FREEWAY/EXPRESSWAY - PHASE 1 PROJECT This Second Amendment to Agreement for Construction Management Services is made with reference to the contractual agreement between the CITY OF MODESTO (“City”) and WSP USA INC., a New York corporation (“Consultant”), entered into by the parties on the 25th day of June, 2019, hereinafter referred to as “Original Agreement”.

This Second Amendment to the Original Agreement for Construction Management Services is made with regard to the following recitals:

A. Section 3.0 “COMPENSATION AND BILLING” of the Original Agreement authorized and specified a not to exceed amount of $9,870,886, inclusive of additional services, to Consultant for performing all services and furnishing all staffing and materials called for in Exhibit “A” under this Agreement.

B. On or about September 28, 2021, the parties entered into a First Amendment to the Original Agreement, revising the scope of services and increasing the compensation amount by $1,721,080, and attaching corresponding Exhibit “C-1 - Revised Project Schedule” and “Exhibit D-1 - Revised Fee Schedule”.

B. On or about June 6, 2022, at the City’s request, Consultant submitted to City a budget augmentation for additional construction management services to increase the amount of the Original Agreement, as amended, by an additional $621,745. The budget augmentation is attached hereto as Exhibit “C-2 - Revised Project Schedule” and the further revised fee schedule is attached hereto as Exhibit “D-2 – Revised Fee Schedule.” #12..
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-2- City of Modesto
WSP USA Inc. Second Amendment State Route 132 West Freeway/Expressway - Phase 1 Project NOW, THEREFORE, in consideration of this Second Amendment to Agreement, and the mutual promises, covenants, and stipulations contained in the Original Agreement for Construction Management Services and this Second Amendment to Agreement, the parties agree as follows:

1. The parties agree that each of the recitals set out above is factually true and correct.

2. Section 2.0 “CONTRACT DOCUMENTS” of the Original Agreement shall be deleted and parties agree to and hereby do substitute the following in its place:
“2.0 CONTRACT DOCUMENTS
Contract documents consist of the following documents, including all changes, addenda, and modifications thereto:

1. Agreement and all attachments
a. Exhibit A – Scope of Services
b. Exhibit B – Insurance Requirements
c. Exhibit C – Project Schedule
d. Exhibit C-1 – Revised Project Schedule
e. Exhibit C-2 – Revised Project Schedule
f. Exhibit D – Fee Schedule
g. Exhibit D-1 – Revised Fee Schedule
h. Exhibit D-2 – Revised Fee Schedule

2. City’s Request for Proposal

3. Consultant’s Response”

3. Section 3.1 “Compensation” of the Original Agreement between the parties shall be deleted and the parties agree to and hereby do substitute the following in its place:
“3.1 Compensation: It is mutually understood between the parties that this Agreement may have been written before ascertaining the availability of funds or appropriation of funds, for the mutual benefit of both parties, in order to avoid program and fiscal delays that would occur if the Agreement were executed after that determination was made. Consultant and City agree that this Agreement is valid and enforceable only if sufficient funds are #12..
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-3- City of Modesto
WSP USA Inc. Second Amendment State Route 132 West Freeway/Expressway - Phase 1 Project made available to the City and funding is approved by the governing body of the City.

Consultant shall be paid in accordance with the schedule set forth in Exhibit “D” (Fee Schedule), and Exhibit “D-1 – Revised Fee Schedule”, attached hereto and made a part of this Agreement. In addition, Consultant shall be paid in accordance with the schedule set forth in Exhibit “D-2 – Revised Fee Schedule”.

Fee Schedule rates shall include all work and deliverables, including travel and equipment described in Exhibit “D”, Exhibit “D-1”, and Exhibit “D-2,” including direct salary costs, employee benefits, and overhead. The City may retain five percent of all periodic or progress payments made to the Consultant until completion and acceptance of all work tasks and City shall have right to withhold payment from Consultant for any unsatisfactory service until such time service is performed satisfactorily.

A. The method of payment for this contract will be based on actual cost plus fixed fee, unless otherwise indicated on Exhibit “D”, “D-1”, or “D-2” of this Agreement. City will reimburse Consultant for actual costs (including
labor costs, employee benefits, travel, equipment rental costs, overhead and other direct costs) incurred by
Consultant in performance of the work.

Consultant will not be reimbursed for actual costs that exceed the estimated wage rates, employee benefits,
travel, equipment rental, overhead, and other estimated costs set forth in the approved Consultant’s Cost
Proposal and Revised Cost Proposal, unless additional
reimbursement is provided for by Agreement
amendment. In no event, will Consultant be reimbursed
for overhead costs at a rate that exceeds City’s approved overhead rate set forth in the Cost Proposal and Revised Cost Proposal.

In the event, that City determines that a change to the work from that specified in the Cost Proposal and
Agreement is required, the Agreement time or actual
costs reimbursable by the City shall be adjusted by
Agreement amendment to accommodate the changed
work. The maximum total cost as specified in Paragraph
“I” of this Article shall not be exceeded, unless
authorized by Agreement amendment.

B. The indirect cost rate established for this Agreement is extended through the duration of this specific
Agreement. Consultant agreement to the extension of the 1-year applicable period shall not be a condition or
qualification to be considered for the work or Agreement #12..
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-4- City of Modesto
WSP USA Inc. Second Amendment State Route 132 West Freeway/Expressway - Phase 1 Project award.

C. In addition to the allowable incurred costs, the City will pay Consultant a fixed fee of $1,016,944.68. The fixed fee is nonadjustable for the term of the Agreement, except in the event of a significant change in the scope of work and such adjustment is made by Agreement amendment.

D. Reimbursement for transportation and subsistence costs shall not exceed the rates specified in the approved Cost Proposal and Revised Cost Proposal.

E. When milestone cost estimates are included in the approved Cost Proposal and Revised Cost Proposal, Consultant shall obtain prior written approval for a revised milestone cost estimate from the Contract Administrator before exceeding such cost estimate.

F. Progress payments will be made monthly in arrears based on services provided and allowable incurred costs. A pro rata portion of Consultant’s fixed fee will be included in the monthly progress payments. If Consultant fails to submit the required deliverable items according to the schedule set forth in Exhibit A, Article 3 Statement of Work, the City shall have the right to delay payment or terminate this Agreement.

G. No payment will be made prior to approval of any work, nor for any work performed prior to approval of this Agreement.

H. Consultant will be reimbursed promptly according to
California Regulations upon receipt by the City’s Contract Administrator of itemized invoices in duplicate. Invoices shall be submitted no later than thirty (30) calendar days after the performance of work for which Consultant is
billing. Invoices shall detail the work performed on each milestone and each project as applicable. Invoices shall follow the format stipulated for the approved Cost Proposal and Revised Cost Proposal and shall reference this
Agreement number and project title. Final invoice must
contain the final cost and all credits due the City including any equipment purchased. The final invoice should be
submitted within sixty (60) calendar days after completion of Consultant’s work. Invoices shall be mailed to the City’s Contract Administrator at the following address:

Mr. John Rawles
c/o Community & Economic Development Department
P.O. Box 642
Modesto, CA 95353
I. The total amount payable by the City of Modesto including the fixed fee shall not exceed TWELVE MILLION,

THREE HUNDRED EIGHTY-FIVE THOUSAND,
EIGHT HUNDRED NINETEEN AND 00/100
DOLLARS ($12,385,819.00).
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-5- City of Modesto
WSP USA Inc. Second Amendment State Route 132 West Freeway/Expressway - Phase 1 Project J. Salary increases will be reimbursable if the new salary is within the salary range identified in the approved Cost Proposal and Revised Cost Proposal and is approved by the City’s Contract Administrator.

K. For personnel subject to prevailing wage rates as described in the California Labor Code, all salary increases, which are the direct result of changes in the prevailing wage rates are reimbursable.

3.3 Additional Services: Consultant shall not receive compensation for any services provided outside the scope of services specified in Exhibit “A” unless the City Manager, prior to Consultant performing the additional services, approves such additional services in writing. It is specifically understood that oral requests and/or approvals of such additional services or additional compensation shall be barred and are unenforceable.

Additional services may be authorized by the City Manager in an amount up to, but not to exceed SIXTY-TWO THOUSAND,
ONE HUNDRED SEVENTY-FIVE AND 00/100 DOLLARS
($62,175.00).

In the event that additional costs are deemed necessary, Consultant shall provide a written request to the City Manager indicating the reason for the additional work, scope and cost of said work. City Manager shall provide a response to the request, either approving or denying the additional expenditure. If additional services are requested and approved, they will be negotiated as indicated elsewhere within this agreement. In that event, the new total compensation shall not exceed TWELVE MILLION, FOUR

HUNDRED FORTY-SEVEN THOUSAND, NINE HUNDRED
NINETY-FOUR AND 00/100 DOLLARS ($12,447,994.00).

If additional services in excess of this amount are deemed necessary, a second amendment to the Original Agreement will be required and must be approved by the City Council prior to commencing the work.

5. Except as herein amended or modified, the provisions of the Original Agreement are expressly reaffirmed and remain in full force and effect. #12..
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-6- City of Modesto
WSP USA Inc. Second Amendment State Route 132 West Freeway/Expressway - Phase 1 Project IN WITNESS WHEREOF, the City of Modesto, a municipal corporation, has authorized the execution of this Second Amendment to Agreement for Construction Management Services in duplicate by its City Manager and attestation by its City Clerk under authority of Resolution No. 2022-________, adopted by the Council of the City of Modesto on the 23rd day of August, 2022, and Consultant has caused this Second Amendment to Agreement to be duly executed in duplicate as of the Effective Date. (Signatures on next page)
Revised 6/9/2022 PH
#12..
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WSP USA
Suite 104
3260 Lone Tree Way
Antioch, CA 94509
Tel.: +1 925 756-2381
Fax: +1 925 756-2385
wsp.com
June 06, 2022
John Rawles P.E./Project Manager
City of Modesto
P.O. Box 642
Modesto, CA 95353
Subject: STATE ROUTE 132 WEST FREEWAY/EXPRESSWAY-PHASE 1 PROJECT (Federal Project No. TGHPLUL5059230)-CONSTRCUTION MANAGEMENT SERVICES AGREEMENT AMENDMENT REQUEST NO. 2
(WSP)
Dear Mr. Rawles:

WSP is pleased to have been selected to provide Construction Management (CM) services for the SR 132 West Freeway/Expressway Phase 1 Project (Project) for the City of Modesto. The Project is project is estimated to extend beyond the current contract completion date of June 20, 2022 due to several directed changes related to the MID Access Road, Carpenter Road Reconfiguration and the HMA Overlay of Kansas Avenue between N. Carpenter Road and N. Dakota Avenue.

These items of work are estimated to extend the current contract completion date to September 30, 2022 with Project Closeout being completed in December of this year.

We look forward to helping successfully deliver the completed Project for the City of Modesto and the region. To this end, WSP is submitting an Amendment Request No. 2 pursuant to the Construction Management Services Agreement executed on June 25, 2019 (Agreement) in the amount of $621,745.68.

The Scope of Services for purposes of this Amendment (Amendment No. 2) remains unchanged from that which was provided in the Agreement. This Amendment extends WSP’s obligations to perform the Scope of Services listed in Exhibit A of the Agreement for the term of the Amendment.

The cost associated with the extension of the Agreement End Date is broken down on “Exhibit D-2 — Revised Fee Schedule”.
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The existing Agreement amount, previously submitted Additional Service Requests, the First Amendment and this proposed Second Amendment totals are shown in the following table.

Agreement Total
Existing Contract, 6/25/2019 $8,973,533.00
First Additional Services Request $125,802.56
Second Additional Services Request $771,550.44
Third Additional Services Request $172,108.00
Subtotal with Additional Services $10,042,994.00
First Amendment $1,721,079.56
Second Amendment $621,745.68
Revised Agreement Total $12,385,819.20
If you have any questions regarding this amendment request, please contact me at (925) 765-3225 / [email protected].

Sincerely,
WSP USA Inc.

Bart Littell, P.E.

Construction Services District Manager/Vice President
Attachments:

1. Exhibit C-2 – Revised Project Schedule

2. Exhibit D-2 – Revised Fee Schedule
#12..
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EXHIBIT C-2
REVISED PROJECT SCHEDULE (AMENDMENT NO. 2)
AMENDMENT NO. 1 REVISED
Select Construction Management Consultant NOVEMBER 2018 COMPLETED CITY Approval JUNE 2019 COMPLETED
RTL JUNE 2019 COMPLETED
Advertise Project for Construction JULY 2019 COMPLETED
Award Construction Contract SEPTEMBER 2019 COMPLETED
Start Construction OCTOBER 2019 COMPLETED
Complete Construction-Civil MARCH 2022 SEPTEMBER 2022
COMPLETE CCO WORK-MID Access Road, Carpenter
Road Realignment & Kansas Avenue HMA Overlay N/A SEPTEMBER 2022 COMPLETE PROJECT CLOSEOUT SEPTEMBER 2022 DECEMBER 2022
WSP COMPLETE PLANT ESTABLISHMENT JUNE 2025 JUNE 2025
TASKS
Completion Date
REVISED PROJECT SCHEDULE (Amendment No. 2)
SR132 WEST FREEWAY/EXPRESSWAY-PHASE 1 PROJECT
#12..
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Revised Staffing Schedule: Amendment No. 2
YEAR: 2022 2023 2024 2025
PLANT

ESTABLISHMENT
START YEAR 1
PLANT

ESTABLISHMENT
YEAR 1-2
PLANT

ESTABLISHMENT
YEAR 2-3
PLANT

ESTABLISHMENT
END YEAR 3
MONTH: M J J A S O N D A-D J-D J-D J-M
POSITION NAME FIRM 1 2 3 4 5 15 16 17 18
Construction Manager/Project Controls Eng. Scott Frenette, JD, CCM, QSD WSP 60 60 60 60 60 300 Resident Engineer Rick Deml, PE, QSD WSP 160 160 160 160 160 800 Closeout RE John Adams, PE, QSD WSP 160 160 160 160 160 40 40 40 40 960 Structure Representative/ARE/SMR Bill Howe, PE, QSD WSP Document Control Chad Baker, EIT WSP 160 160 320
Office Engineer Juan Becerra VSCE 160 160 160 160 160 800 Project Accountant Marianne Beltram WSP-GSO 16 16 8 8 8 2 2 2 2 64 Roadway Inspector Grp 2 Josh Byrum WSP 160 160 320
Roadway Inspector Grp 2 Khalid Vospaul WSP
Structures Inspector Grp 2 Brian Harrington WSP
Utility Inspector Grp 2 Dave McCullough WSP 40 40 40 120 Electrical-Roadway Inspector Grp 2 Roy Robbert WSP 160 160 160 80 560 Peak Structures Inspector Grp 2 (As-Needed) Brice Ehoff WSP 160 160 320 Overtime Hours
Roadway Inspector Grp 2 Josh Byrum WSP 16 16 32
Roadway Inspector Grp 2 Khalid Vospaul WSP
Structures Inspector Grp 2 TBD WSP
Utility Inspector Grp 2 Dave McCullough WSP
Electrical-Roadway Inspector Grp 2 Roy Robbert WSP 16 16 32 Peak Structures Inspector Grp 2 (As-Needed) Brice Ehoff WSP 16 16 32 WSP
Rain Days Not Included
Staff performing inspection services are subject to prevailing wage rates 4,660 TOTAL
HOURS
2022 2022
TASK 2 POST

CONSTRUCTION
TASK 2 CONSTRUCTION
#12..
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Basis For Estimate
1)
2)
3) Annual labor escalations of 2.9% to be effective in January are included 4)
5)

COST ESTIMATE
Monday, June 6, 2022
To:

Bart Littell
WSP USA INC.

FOR

CONSTRUCTION MANAGEMENT SERVICES
From:

FOR
STATE ROUTE 132 WEST FREEWAY/EXPRESSWAY - PHASE 1 PROJECT

CITY OF MODESTO
EXHIBIT D-2
DIR Determination NC-63-3-9-2018-2.

Staff performing inspection services are subject to DIR regulations including prevailing wage rates, fringes, shift differentials and overtime premiums. Bill rates will be adjusted to comply.

Justification for requesting an extension to provide Construction Management Services: City Requested Changes/Modifications projected to extend Construction to September 30, 2022 with Project Closeout completing by December 31, 2022.

This Estimate extends Construction Management Services June of 2025 per the Revised Staffing Schedule.

AMENDMENT NO. 2
Approved: ______________________
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CITY OF MODESTO SR-132 FREEWAY/EXPRESSWAY
WSP USA INC.

TASK 1 - PRECONSTRUCTION COMPLETE

WSP BURDENED LABOR COSTS
LABOR $ -
SUBTOTAL $ -
SUBCONSULTANT(S):

Materials Testing Kleinfelder, Inc. $ -
Public Information AIM Consulting, Inc. (DBE) $ -
Document Control VSCE, Inc. (DBE) $ -
QA Survey Transamerican Engineers & Associates, Inc. (DBE) $ - Environmental LSA Associates, Inc. $ -
Paleontological Services Cogstone Resource Management (DBE) $ - SUBTOTAL $ -
EXPENSES: $ -
SUBTOTAL $ -
TOTAL PHASE 1 $ -
TASK 2 - CONSTRUCTION/POST-CONSTRUCTION

WSP BURDENED LABOR COSTS
LABOR $ 488,753

OVERTIME
(Estimated at 10% of Inspection Hours) $ -
SECOND SHIFT PREMIUM $ 2,016
(Estimated at 15% of Inspection Hours)
SUBTOTAL $ 490,770
SUBCONSULTANT(S):

Materials Testing Kleinfelder, Inc. $ -
Public Information AIM Consulting, Inc. (DBE) $ 39,044
Document Control VSCE, Inc. (DBE) $ 69,112
QA Survey Transamerican Engineers & Associates, Inc. (DBE) $ - Environmental LSA Associates, Inc. $ -
Paleontological Services Cogstone Resource Management (DBE) $ - SUBTOTAL $ 108,156
EXPENSES: $ 22,820
SUBTOTAL $ 22,820
TOTAL PHASE 2 $ 621,745.68
$ 621,745.68

COST TO COMPLETE BASED ON REVISED STAFFING SCHEDULE

PROJECT TOTAL
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Revised Staffing Schedule: Amendment No. 2
YEAR: 2022 2023 2024 2025
PLANT

ESTABLISHMENT
START YEAR 1
PLANT

ESTABLISHMENT
YEAR 1-2
PLANT

ESTABLISHMENT
YEAR 2-3
PLANT

ESTABLISHMENT
END YEAR 3
MONTH: M J J A S O N D A-D J-D J-D J-M
POSITION NAME FIRM 1 2 3 4 5 15 16 17 18
Construction Manager/Project Controls Eng. Scott Frenette, JD, CCM, QSD WSP 40 40 40 40 40 200 Resident Engineer Rick Deml, PE, QSD WSP 160 160 80 80 80 560 Closeout RE John Adams, PE, QSD WSP 160 160 160 160 160 40 40 40 40 960 Structure Representative/ARE/SMR Bill Howe, PE, QSD WSP Document Control Chad Baker, EIT WSP
Office Engineer Juan Becerra VSCE 160 160 160 160 160 800 Project Accountant Marianne Beltram WSP-GSO 16 16 8 8 8 2 2 2 2 64 Roadway Inspector Grp 2 Josh Byrum WSP
Roadway Inspector Grp 2 Khalid Vospaul WSP
Structures Inspector Grp 2 Brian Harrington WSP
Utility Inspector Grp 2 Dave McCullough WSP 80 80 80 240 Electrical-Roadway Inspector Grp 2 Roy Robbert WSP 160 160 160 480 Peak Structures Inspector Grp 2 (As-Needed) Brice Ehoff WSP Overtime Hours
Roadway Inspector Grp 2 Josh Byrum WSP
Roadway Inspector Grp 2 Khalid Vospaul WSP
Structures Inspector Grp 2 TBD WSP
Utility Inspector Grp 2 Dave McCullough WSP
Electrical-Roadway Inspector Grp 2 Roy Robbert WSP
Peak Structures Inspector Grp 2 (As-Needed) Brice Ehoff WSP WSP
Rain Days Not Included
Staff performing inspection services are subject to prevailing wage rates 3,304 TOTAL
HOURS
2022 2022
TASK 2 POST

CONSTRUCTION
TASK 2 CONSTRUCTION
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CITY OF MODESTO SR-132 FREEWAY/EXPRESSWAY

BILL BILL BILL BILL BILL TOTAL TOTAL

POSITION NAME FIRM HRS RATE TOTAL HRS RATE TOTAL HRS RATE TOTAL HRS RATE TOTAL HRS RATE TOTAL HOURS COST Construction Manager/Project Controls Eng. Scott Frenette, JD, CCM, QSDWSP 0 202.30 $0.00 200 208.18 $41,636.00 0 214.22 $0.00 0 220.43 $0.00 0 226.82 $0.00 200 $41,636 Resident Engineer Rick Deml, PE, QSD WSP 0 230.99 $0.00 560 237.69 $133,106.40 0 244.58 $0.00 0 251.67 $0.00 0 258.97 $0.00 560 $133,106 Closeout RE John Adams, PE, QSD WSP 0 194.00 $0.00 840 196.84 $165,345.60 40 202.55 $8,102.00 40 208.42 $8,336.80 40 214.46 $8,578.40 960 $190,363 Structure Representative/ARE/SMR Bill Howe, PE, QSD WSP 0 205.33 $0.00 0 211.28 $0.00 0 217.41 $0.00 0 223.71 $0.00 0 230.20 $0.00 0 $0 Office Engineer Chad Baker, EIT WSP 0 86.36 $0.00 0 88.87 $0.00 0 91.45 $0.00 0 94.10 $0.00 0 96.83 $0.00 0 $0 Project Accountant Juan Becerra VSCE 0 83.96 $0.00 800 86.39 $69,112.00 0 88.90 $0.00 0 91.48 $0.00 0 94.13 $0.00 800 $69,112 Roadway Inspector Grp 2 Marianne Beltram WSP-GSO 0 113.84 $0.00 58 117.14 $6,794.12 2 120.54 $241.08 2 124.04 $248.08 2 127.64 $255.28 64 $7,539 Roadway Inspector Grp 2 Josh Byrum WSP 0 163.62 $0.00 0 168.36 $0.00 0 173.24 $0.00 0 178.26 $0.00 0 183.43 $0.00 0 $0 Structures Inspector Grp 2 Khalid Vospaul WSP 0 156.10 $0.00 0 160.63 $0.00 0 165.29 $0.00 0 170.08 $0.00 0 175.01 $0.00 0 $0 Utility Inspector Grp 2 TBD WSP 0 158.95 $0.00 0 163.56 $0.00 0 168.30 $0.00 0 173.18 $0.00 0 178.20 $0.00 0 $0 Electrical-Roadway Inspector Grp 2 Dave McCullough WSP 0 166.46 $0.00 240 171.29 $41,109.60 0 176.26 $0.00 0 181.37 $0.00 0 186.63 $0.00 240 $41,110 Peak Structures Inspector Grp 2 (As-Needed) Roy Robbert WSP 0 151.85 $0.00 480 156.25 $75,000.00 0 160.78 $0.00 0 165.44 $0.00 0 170.24 $0.00 480 $75,000 Brice Ehoff WSP 0 166.74 $0.00 0 171.57 $0.00 0 176.55 $0.00 0 181.67 $0.00 0 186.94 $0.00 0 $0 Staff performing inspection services are
subject to prevailing wage rates
RFP Date 10/15/18, 2018-02 Determination
0 $0.00 3,178 $532,103.72 42 $8,343.08 42 $8,584.88 42 $8,833.68 3,304 557,865 $ REVISED STRAIGHT TIME LABOR COSTS (AMENDMENT NO. 2)

CONSTRUCTION
Jan 1, 2021- Dec 31, 2021 Jan 1, 2022- Dec 31, 2022 Jan 1, 2023- Dec 31, 2023 Jan 1, 2024- Dec 31, 2024 Jan 1, 2025- Dec 31, 2025 #12..
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CITY OF MODESTO SR-132 FREEWAY/EXPRESSWAY

BILL BILL TOTAL TOTAL

POSITION NAME FIRM HRS RATE TOTAL HRS RATE TOTAL HOURS COST Roadway Inspector Grp 2 Josh Byrum WSP 0 199.55 $0.00 0 205.34 $0.00 0 $0 Roadway Inspector Grp 2 Khalid Vospaul WSP 0 190.38 $0.00 0 195.90 $0.00 0 $0 Structures Inspector Grp 2 TBD WSP 0 193.86 $0.00 0 199.48 $0.00 0 $0 Utility Inspector Grp 2 Dave McCullough WSP 0 203.02 $0.00 0 208.91 $0.00 0 $0 Electrical-Roadway Inspector Grp 2 Roy Robbert WSP 0 185.19 $0.00 0 190.56 $0.00 0 $0 Peak Structures Inspector Grp 2 (As-Needed) Brice Ehoff WSP 0 203.35 $0.00 0 209.25 $0.00 0 $0 Peak Roadway Inspector Grp 2 (As-Needed) TBD WSP 0 197.16 $0.00 0 202.88 $0.00 0 $0 0 $ - 0 $0.00 0 -$
REVISED OVER TIME LABOR COSTS (AMENDMENT NO. 2)
Jan 1, 2021- Dec 31, 2021 Jan 1, 2022- Dec 31, 2022

CONSTRUCTION
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CITY OF MODESTO SR-132 FREEWAY/EXPRESSWAY
WSP USA INC.

UNIT
UNIT QTY COST ($) SUBTOTAL ($)
TOTAL ($) THIS

ESTIMATE

A) OFFICE

B) OFFICE SUPPLIES
Initial Supply Allowance 0 2,000 $ - Billed at Cost
Office Supplies Months 5 300 1,500.00 $ Monthly Lump Sum Shipping Months 0 100 $ - Monthly Lump Sum
$ 1,500.00
C) OTHER DIRECT EXPENSES Allowance 0 5,000 $ - $ - Billed at Cost

D) VEHICLES, VEHICLE O&M
Scott Frenette, JD, CCM, QSD WSP Monthly 1 600.00 600.00 $ Rick Deml, PE, QSD WSP Monthly 4 1,000.00 4,000.00 $
John Adams, PE, QSD WSP Monthly 7 1,000.00 7,000.00 $
Bill Howe, PE, QSD WSP Monthly 0 600.00 $ -
Josh Byrum WSP Monthly 0 1,000.00 $ -
Khalid Vospaul WSP Monthly 0 1,000.00 $ -
TBD WSP Monthly 0 1,000.00 $ -
Dave McCullough WSP Monthly 2 1,000.00 2,000.00 $
Roy Robbert WSP Monthly 3 1,000.00 3,000.00 $
Brice Ehoff WSP Monthly 0 1,000.00 $ -
$ 16,600.00

E) COMPUTER/IT/SERVICE, SURVEY EQUIPMENT, FIELD EQUIPMENT, SAFETY EQUIPMENT Computers/IT/Printers/Service Monthly 17 160.00 2,720.00 $ Billed at Cost Survey Monthly 5 400.00 2,000.00 $ Billed at Cost
$ 4,720.00
Field Costs $ 4,720.00
TOTAL EXPENSES $ 22,820.00

REVISED EXPENSES
Per contract documents field office will be provided by the contractor.

Note: Rate based upon $1,000 per month for each vehicle employed on the project Full Time. Vehicles not employed Full Time on the project will be prorated. For purposes of the prorating less than Full Time vehicle rates, one (1) month equals 20 shifts or 1 Full Time Equivalent (FTE). The rate for vehicles not employed on the project Full Time will be $50 for each shift employed on the project for an amount not to exceed $1,000 per month. Vehicles employed Full Time on the project will not be prorated. #12..
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-1- City of Modesto
WSP USA Inc. First Amendment State Route 132 West Freeway/Expressway - Phase 1 Project

FIRST AMENDMENT TO AGREEMENT

FOR CONSTRUCTION MANAGEMENT SERVICES
FOR STATE ROUTE 132 WEST FREEWAY/EXPRESSWAY - PHASE 1 PROJECT This First Amendment to Agreement for Construction Management Services is made with reference to the contractual agreement between the CITY OF MODESTO (“City”) and WSP USA INC., a New York corporation (“Consultant”), entered into by the parties on the 25th day of June, 2019, hereinafter referred to as “Original Agreement”.

This First Amendment to the Original Agreement for Construction Management Services is made with regard to the following recitals:

A. Section 3.0 “COMPENSATION AND BILLING” of the Original Agreement authorized and specified a not to exceed amount of $9,870,886, inclusive of additional services, to Consultant for performing all services and furnishing all staffing and materials called for in Exhibit “A” under this Agreement.

B. On or about August 4, 2021, at the City’s request, Consultant submitted to City a budget augmentation for additional construction management services in excess of the $9,870,886 authorized in the Original Agreement, attached to the Original Agreement and referred to therein as Exhibit “A”.

C. The aforementioned additional construction management services increase the amount of the Original Agreement by $1,721,080.

D. The Original Agreement states that the Agreement shall end on December 31, 2021, unless extended by agreement of the parties. Since Consultant’s work under this contract will extend beyond the December 31, 2021 end date, the parties desire to extend that end date to completion of construction contract closeout with Caltrans or December 31, 2025.

DocuSign Envelope ID: 678C3681-BA8C-4E73-8501-84D729806C14 #12..
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-2- City of Modesto
WSP USA Inc. First Amendment State Route 132 West Freeway/Expressway - Phase 1 Project NOW, THEREFORE, in consideration of this First Amendment to Agreement, and the mutual promises, covenants, and stipulations contained in the Original Agreement for Construction Management Services and this First Amendment to Agreement, the parties agree as follows:

1. The parties agree that each of the recitals set out above is factually true and correct.

2. Section 2.0 “CONTRACT DOCUMENTS” of the Original Agreement shall be deleted and parties agree to and hereby do substitute the following in its place:
“2.0 CONTRACT DOCUMENTS
Contract documents consist of the following documents, including all changes, addenda, and modifications thereto:

1. Agreement and all attachments
a. Exhibit A – Scope of Services
b. Exhibit B – Insurance Requirements
c. Exhibit C – Project Schedule
d. Exhibit C-1 – Revised Project Schedule
e. Exhibit D – Fee Schedule
f. Exhibit D-1 – Revised Fee Schedule

2. City’s Request for Proposal

3. Consultant’s Response”

3. Section 3.1 “Compensation” of the Original Agreement between the parties shall be deleted and the parties agree to and hereby do substitute the following in its place:
“3.1 Compensation: It is mutually understood between the parties that this Agreement may have been written before ascertaining the availability of funds or appropriation of funds, for the mutual benefit of both parties, in order to avoid program and fiscal delays that would occur if the Agreement were executed after that determination was made. Consultant and City agree that this Agreement is valid and enforceable only if sufficient funds are made available to the City and funding is approved by the governing body of the City.

DocuSign Envelope ID: 678C3681-BA8C-4E73-8501-84D729806C14 #12..
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-3- City of Modesto
WSP USA Inc. First Amendment State Route 132 West Freeway/Expressway - Phase 1 Project Consultant shall be paid in accordance with the schedule set forth in Exhibit “D” (Fee Schedule), attached hereto and made a part of this Agreement. In addition, Consultant shall be paid in accordance with the schedule set forth in Exhibit “D-1 – Revised Fee Schedule”.

Fee Schedule rates shall include all work and deliverables, including travel and equipment described in Exhibit “D” and Exhibit “D-1,” including direct salary costs, employee benefits, and overhead. The City may retain five percent of all periodic or progress payments made to the Consultant until completion and acceptance of all work tasks and City shall have right to withhold payment from Consultant for any unsatisfactory service until such time service is performed satisfactorily.

A. The method of payment for this contract will be based on actual cost plus fixed fee, unless otherwise indicated on Exhibit “D” or “D-1” of this Agreement. City will
reimburse Consultant for actual costs (including labor
costs, employee benefits, travel, equipment rental costs, overhead and other direct costs) incurred by Consultant in performance of the work.

Consultant will not be reimbursed for actual costs that exceed the estimated wage rates, employee benefits,
travel, equipment rental, overhead, and other estimated costs set forth in the approved Consultant’sCost
Proposal and Revised Cost Proposal, unless additional
reimbursement is provided for by Agreement
amendment. In no event, will Consultant be reimbursed
for overhead costs at a rate that exceeds City’s approved overhead rate set forth in the Cost Proposal and Revised Cost Proposal.

In the event, that City determines that a change to the work from that specified in the Cost Proposal and
Agreement is required, the Agreement time or actual
costs reimbursable by the City shall be adjusted by
Agreement amendment to accommodate the changed
work. The maximum total cost as specified in Paragraph
“I” of this Article shall not be exceeded, unless
authorized by Agreementamendment.

B. The indirect cost rate established for this Agreement is extended through the duration of this specific
Agreement. Consultant agreement to the extension of the 1-year applicable period shall not be a condition or
qualification to be considered for the work or Agreement award.

DocuSign Envelope ID: 678C3681-BA8C-4E73-8501-84D729806C14 #12..
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-4- City of Modesto
WSP USA Inc. First Amendment State Route 132 West Freeway/Expressway - Phase 1 Project C. In addition to the allowable incurred costs, the City will pay Consultant a fixed fee of $1,016,944.68. The fixed fee is nonadjustable for the term of the Agreement, except in the event of a significant change in the scope of work and such adjustment is made by Agreement amendment.

D. Reimbursement for transportation and subsistence costs shall not exceed the rates specified in the approved Cost Proposal and Revised Cost Proposal.

E. When milestone cost estimates are included in the approved Cost Proposal and Revised Cost Proposal, Consultant shall obtain prior written approval for a revised milestone cost estimate from the Contract Administrator before exceeding such cost estimate.

F. Progress payments will be made monthly in arrears based on services provided and allowable incurred costs. A pro rata portion of Consultant’s fixed fee will beincluded in the monthly progress payments. If Consultant fails to submit the required deliverable items according to the schedule set forth in Exhibit A, Article 3 Statement of Work, the City shall have the right to delay payment or terminate this Agreement.

G. No payment will be made prior to approval of any work, nor for any work performed prior to approval of this Agreement.

H. Consultant will be reimbursed promptly according to
California Regulations upon receipt by the City’s Contract Administrator of itemized invoices in duplicate. Invoices shall be submitted no later than thirty (30) calendar days after the performance of work for which Consultant is
billing. Invoices shall detail the work performed on each milestone and each project as applicable. Invoices shall follow the format stipulated for the approved Cost Proposal and Revised Cost Proposal and shall reference this
Agreement number and project title. Final invoice must
contain the final cost and all credits due the City including any equipment purchased. The final invoice should be
submitted within sixty (60) calendar days after completion of Consultant’s work. Invoices shall be mailed to the City’s Contract Administrator at the following address:

Mr. John Rawles
c/o Community & Economic Development Department
P.O. Box 642
Modesto, CA 95353
I. The total amount payable by the City of Modesto including the fixed fee shall not exceed ELEVEN MILLION, FIVE

HUNDRED NINETY-ONE THOUSAND, NINE
HUNDRED SIXTY-SIX and 00/100 DOLLARS
($11,591,966.00).

DocuSign Envelope ID: 678C3681-BA8C-4E73-8501-84D729806C14 #12..
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-5- City of Modesto
WSP USA Inc. First Amendment State Route 132 West Freeway/Expressway - Phase 1 Project J. Salary increases will be reimbursable if the new salary is within the salary range identified in the approved Cost Proposal and Revised Cost Proposal and is approved by the City’s Contract Administrator.

K. For personnel subject to prevailing wage rates as described in the California Labor Code, all salary increases, which are the direct result of changes in the prevailing wage rates are reimbursable.

3.3 Additional Services: Consultant shall not receive compensation for any services provided outside the scope of services specified in Exhibit “A” unless the City Manager, prior to Consultant performing the additional services, approves such additional services in writing. It is specifically understood that oral requests and/or approvals of such additional services or additional compensation shall be barred and are unenforceable.

Additional services may be authorized by the City Manager in an amount up to, but not to exceed ONE HUNDRED SEVENTYTWO THOUSAND, ONE HUNDRED EIGHT AND 00/100 DOLLARS ($172,108.00).

In the event that additional costs are deemed necessary, Consultant shall provide a written request to the City Manager indicating the reason for the additional work, scope and cost of said work. City Manager shall provide a response to the request, either approving or denying the additional expenditure. If additional services are requested and approved, they will be negotiated as indicated elsewhere within this agreement. In that event, the new total compensation shall not exceed ELEVEN MILLION, SEVEN

HUNDRED SIXTY-FOUR THOUSAND, SEVENTY-FOUR
AND 00/100 DOLLARS ($11,764,074.00).

If additional services in excess of this amount are deemed necessary, a second amendment to the Original Agreement will be required and must be approved by the City Council prior to commencing the work.

4. The end date in the Original Agreement between the parties shall be deleted and the parties agree to and hereby do substitute the following in its place:

DocuSign Envelope ID: 678C3681-BA8C-4E73-8501-84D729806C14 #12..
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-6- City of Modesto
WSP USA Inc. First Amendment State Route 132 West Freeway/Expressway - Phase 1 Project “This Agreement shall be extended to completion of construction contract closeout with Caltrans or December 31, 2025, unless extended by agreement of both parties.”

5. Except as herein amended or modified, the provisions of the Original Agreement are expressly reaffirmed and remain in full force and effect.

DocuSign Envelope ID: 678C3681-BA8C-4E73-8501-84D729806C14 #12..
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-7- City of Modesto
WSP USA Inc. First Amendment State Route 132 West Freeway/Expressway - Phase 1 Project IN WITNESS WHEREOF, the City of Modesto, a municipal corporation, has authorized the execution of this First Amendment to Agreement for Construction Management Services in duplicate by its City Manager and attestation by its City Clerk under authority of Resolution No. 2021-________, adopted by the Council of the City of Modesto on the 28th day of September, 2021, and Consultant has caused this First Amendment to Agreement to be duly executed in duplicate as of the Effective Date.
(Signatures on next page)
DocuSign Envelope ID: 678C3681-BA8C-4E73-8501-84D729806C14 372
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CITY OF MODESTO,
a municipal corporation
BY: ____________________________
JOSEPH P. LOPEZ, City Manager
ATTEST:
(Seal)
BY: ____________________________
DANA SANCHEZ, Interim City Clerk

CONSULTANT,
________________________________
BY: ____________________________
By _____________________________
Name Title
BY: ____________________________
By _____________________________
Name Title
APPROVED AS TO FORM:

BY: ____________________________
JOSE M. SANCHEZ, City Attorney
APPROVED AS TO FORM:

BY: ____________________________
CHRISTINA D. ALGER
Director of Human Resources (Risk)
Consultant’s Federal ID # ___________
* Corporations - signature of two (2) officers
required or one (1) officer plus corporate seal.

Partnership - signature of a partner required Sole
Proprietorship - signature of proprietor
required
DocuSign Envelope ID: 678C3681-BA8C-4E73-8501-84D729806C14

WSP USA, INC
Hillary Jassey
11-1531569
Secretary
Bart Littell Vice President
10/18/2021
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August 4, 2021
John Rawles, P.E./Project Manager
City of Modesto
P.O. Box 642
Modesto, CA 95353
RE: State Route 132 West Freeway/ Expressway-Phase 1 Project, Amendment No. 1 Dear Mr. Rawles,
The purpose of this letter is to request an Amendment to the existing State Route 132 West Freeway/Expressway Phase 1 Project Construction Management Services Agreement between the City of Modesto and WSP USA INC. executed on June 25, 2019.

The original WSP contract (Agreement) was procured approximately 6-months prior to start of project construction. At that time staff was unsure if there would be enough funding to complete the entire construction project as originally contemplated. To ensure financial support of the construction project, a bid alternate strategy was developed. This bid alternate work was to support construction of an Intelligent Transportation System (ITS) requested by Caltrans and to support a fully developed landscape plan as originally intended. The result of this added work was to extend the construction completion date from October 2021 to June 2022 and provide for 3-year Plant Establishment Period.

The WSP Agreement was tendered to support the base bid contract excluding the added alternatives and Plant Establishment Period. When the construction contract bids were received, the City was able to fund the project as originally intended. The inclusion of the bid alternates added approximately 6-months to the base bid construction schedule in addition to a 3-year Plant Establishment Period. This extension of the project schedule carried with it the need to extend the WSP Agreement to perform the Scope of Services for an additional extended term.

The Scope of Services for purposes of this Amendment (Amendment No. 1) remains unchanged from that which was provided in the Agreement. This Amendment extends WSP’s obligations to perform the Scope of Services listed in Exhibit “A” of the Agreement for the term of the Amendment.

Please extend the agreement duration noted on page 1 of the Construction Management Services Agreement, which indicates this Agreement shall end on December 31, 2021, unless extended by agreement of the parties. It is suggested the Agreement be extended to completion of construction contract closeout with Caltrans or December 31, 2025. #12..
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RE: State Route 132 West Freeway/ Expressway-Phase 1 Project, Amendment No. 1

The cost associated with the extension of the Agreement End Date is broken down on “Exhibit D-1 — Revised Fee Schedule”.

The existing Agreement amount, previously submitted Additional Service Requests, and this proposed First Amendment totals are shown in the following table.

Agreement Total
Existing Contract, 6/25/2019 $8,973,533.00
First Additional Services Request $125,802.56
Second Additional Services Request $771,550.44
Subtotal with Additional Services $9,870,886.00
First Amendment $1,721,080.00
Revised Agreement Total $11,591,966.00
If you have any questions regarding this amendment request, please contact me at (925) 765-3225 / [email protected].

Sincerely,
WSP USA Inc.

Bart Littell, P.E.

Construction Services District Manager/Vice President
Attachments:

1. Exhibit C-1 – Revised Project Schedule

2. Exhibit D-1 – Revised Fee Schedule
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EXHIBIT C-1
REVISED PROJECT SCHEDULE (AMENDMENT NO. 1)

PRELIMINARY REVISED
Select Construction Management Consultant NOVEMBER 2018 COMPLETED CITY Approval JUNE 2019 COMPLETED
RTL JUNE 2019 COMPLETED
Advertise Project for Construction JULY 2019 COMPLETED
Award Construction Contract SEPTEMBER 2019 COMPLETED
Start Construction OCTOBER 2019 COMPLETED
Complete Construction-Civil JULY 2021 MARCH 2022
WSP COMPLETE POST-CONSTRUCTION SERVICES OCTOBER 2021 JUNE 2025 TASKS Completion Date
REVISED PROJECT SCHEDULE (Amendment No. 1)
SR132 WEST FREEWAY/EXPRESSWAY-PHASE 1 PROJECT
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Basis For Estimate
1)
2)
3) Annual labor escalations of 2.9% to be effective in January are included 4)
5)

COST ESTIMATE
Wednesday, August 4, 2021
To:

Bart Littell
WSP USA INC.

FOR

CONSTRUCTION MANAGEMENT SERVICES
From:

FOR
STATE ROUTE 132 WEST FREEWAY/EXPRESSWAY - PHASE 1 PROJECT

CITY OF MODESTO
EXHIBIT D-1
DIR Determination NC-63-3-9-2018-2.

Staff performing inspection services are subject to DIR regulations including prevailing wage rates, fringes, shift differentials and overtime premiums. Bill rates will be adjusted to comply.

Justification for requesting an extension to provide Construction Management Services: The addtion of Bid Alternates A and B to the base bid of the construction contract increased the overall construction duration by 120 working days.

This Estimate extends Construction Management Services to June of 2025 per the Revised Staffing Schedule.

AMENDMENT NO. 1
Approved: ______________________
#12..

CITY OF MODESTO SR-132 FREEWAY/EXPRESSWAY
WSP USA INC.

COST ESTIMATE SUMMARY
TASK 1 - PRECONSTRUCTION COMPLETE

WSP BURDENED LABOR COSTS
LABOR $ -
SUBTOTAL $ -
SUBCONSULTANT(S):

Materials Testing Kleinfelder, Inc. $ -
Public Information AIM Consulting, Inc. (DBE) $ -
Document Control VSCE, Inc. (DBE) $ -
QA Survey Transamerican Engineers & Associates, Inc. (DBE) $ - Environmental LSA Associates, Inc. $ -
Paleontological Services Cogstone Resource Management (DBE) $ - SUBTOTAL $ -
EXPENSES: $ -
SUBTOTAL $ -
TOTAL PHASE 1 $ -
TASK 2 - CONSTRUCTION/POST-CONSTRUCTION

WSP BURDENED LABOR COSTS
LABOR $ 1,419,475

OVERTIME
(Estimated at 10% of Inspection Hours) $ 63,359
SECOND SHIFT PREMIUM $ 11,123
(Estimated at 15% of Inspection Hours)
SUBTOTAL $ 1,493,958
SUBCONSULTANT(S):

Materials Testing Kleinfelder, Inc. $ 110,000
Public Information AIM Consulting, Inc. (DBE) $ 7,407
Document Control VSCE, Inc. (DBE) $ 45,000
QA Survey Transamerican Engineers & Associates, Inc. (DBE) $ - Environmental LSA Associates, Inc. $ 5,000
Paleontological Services Cogstone Resource Management (DBE) $ - SUBTOTAL $ 167,407
EXPENSES: $ 59,714
SUBTOTAL $ 59,714
TOTAL PHASE 2 $ 1,721,080.00
PROJECT TOTAL $ 1,721,080.00
#12..

Revised Staffing Schedule
YEAR: 2022 2023 2024 2025
PLANT

ESTABLISHMENT
START YEAR 1
PLANT

ESTABLISHMENT
YEAR 1-2
PLANT

ESTABLISHMENT
YEAR 2-3
PLANT

ESTABLISHMENT
END YEAR 3
MONTH: M J J A S O N D J F M A M J A-D J-D J-D J-M
POSITION NAME FIRM 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 Construction Manager/Project Controls Eng. Scott Frenette, JD, CCM, QSD WSP 100 100 100 100 40 40 40 520 Resident Engineer Rick Deml, PE, QSD WSP 160 160 160 160 160 160 160 24 24 24 24 1,216 Structure Representative/ARE/SMR Indy Chadha, PE, QSD WSP 160 160 160 160 40 680 Structure Representative/ARE/SMR Bill Howe, PE, QSD WSP Document Control Chad Baker, EIT WSP 160 160 160 160 80 80 80 880 Office Engineer Juan Becerra VSCE 160 160 160 160 160 160 80 1,040 Project Accountant Marianne Beltram WSP-GSO 16 160 16 16 16 6 6 2 2 2 2 244 Roadway Inspector Grp 2 Ryan George WSP 160 160 160 160 640 Roadway Inspector Grp 2 Kevin Irahola WSP 160 160 160 160 40 32 32 32 32 808 Structures Inspector Grp 2 TBD WSP 160 160 160 160 640
Utility Inspector Grp 2 Dave McCullough WSP 160 160 160 160 640 Electrical-Roadway Inspector Grp 2 Roy Robbert WSP 160 160 160 160 40 680 Peak Structures Inspector Grp 2 (As-Needed) Brice Ehoff WSP 160 160 160 160 640 Peak Roadway Inspector Grp 2 (As-Needed) TBD WSP 160 160 Overtime Hours
Roadway Inspector Grp 2 Ryan George WSP 40 20 20 20 100 Roadway Inspector Grp 2 Kevin Irahola WSP 40 20 20 20 100 Structures Inspector Grp 2 TBD WSP 16 8 8 8 40
Utility Inspector Grp 2 Dave McCullough WSP 16 8 8 8 40 Electrical-Roadway Inspector Grp 2 Roy Robbert WSP 16 8 8 8 40 Peak Structures Inspector Grp 2 (As-Needed) Brice Ehoff WSP Peak Roadway Inspector Grp 2 (As-Needed) TBD WSP
Rain Days Not Included
Staff performing inspection services are subject to prevailing wage rates 9,108 TOTAL
HOURS
2021 2022
TASK 2 POST
CONSTRUCTION TASK 2 CONSTRUCTION
#12..

CITY OF MODESTO SR-132 FREEWAY/EXPRESSWAY

BILL BILL BILL BILL BILL TOTAL TOTAL

POSITION NAME FIRM HRS RATE TOTAL HRS RATE TOTAL HRS RATE TOTAL HRS RATE TOTAL HRS RATE TOTAL HOURS COST Construction Manager/Project Controls Eng. Scott Frenette, JD, CCM, WSP 100 202.30 $20,230.00 420 208.17 $87,431.40 0 214.21 $0.00 0 220.42 $0.00 0 226.81 $0.00 520 $107,661 Resident Engineer Rick Deml, PE, QSD WSP 160 230.99 $36,958.40 984 237.69 $233,886.96 24 244.58 $5,869.92 24 251.67 $6,040.08 24 258.97 $6,215.28 1,216 $288,971 Structure Representative/ARE/SMR Indy Chadha, PE, QSD WSP 160 196.83 $31,492.80 520 202.54 $105,320.80 0 208.41 $0.00 0 214.45 $0.00 0 220.67 $0.00 680 $136,814 Structure Representative/ARE/SMR Bill Howe, PE, QSD WSP 0 205.33 $0.00 0 211.28 $0.00 0 217.41 $0.00 0 223.71 $0.00 0 230.20 $0.00 0 $0 Document Control Chad Baker, EIT WSP 160 86.36 $13,817.60 720 88.86 $63,979.20 0 91.44 $0.00 0 94.09 $0.00 0 96.82 $0.00 880 $77,797 Office Engineer Juan Becerra VSCE 160 83.96 $13,433.60 880 86.39 $76,023.20 0 88.90 $0.00 0 91.48 $0.00 0 94.13 $0.00 1,040 $89,457 Project Accountant Marianne Beltram WSP-GSO 16 113.84 $1,821.44 222 117.14 $26,005.08 2 120.54 $241.08 2 124.04 $248.08 2 127.64 $255.28 244 $28,571 Roadway Inspector Grp 2 Ryan George WSP 160 163.62 $26,178.90 480 168.36 $80,812.80 0 173.24 $0.00 0 178.26 $0.00 0 183.43 $0.00 640 $106,992 Roadway Inspector Grp 2 Kevin Irahola WSP 160 156.10 $24,976.69 552 160.63 $88,667.76 32 165.29 $5,289.28 32 170.08 $5,442.56 32 175.01 $5,600.32 808 $129,977 Structures Inspector Grp 2 TBD WSP 160 158.95 $25,432.07 480 163.56 $78,508.80 0 168.30 $0.00 0 173.18 $0.00 0 178.20 $0.00 640 $103,941 Utility Inspector Grp 2 Dave McCullough WSP 160 166.46 $26,634.28 480 171.29 $82,219.20 0 176.26 $0.00 0 181.37 $0.00 0 186.63 $0.00 640 $108,853 Electrical-Roadway Inspector Grp 2 Roy Robbert WSP 160 151.85 $24,295.44 520 156.25 $81,250.00 0 160.78 $0.00 0 165.44 $0.00 0 170.24 $0.00 680 $105,545 Peak Structures Inspector Grp 2 (As-Needed) Brice Ehoff WSP 160 166.74 $26,677.99 480 171.57 $82,353.60 0 176.55 $0.00 0 181.67 $0.00 0 186.94 $0.00 640 $109,032 Peak Roadway Inspector Grp 2 (As-Needed) TBD WSP 160 161.66 $25,865.60 0 166.35 $0.00 0 171.17 $0.00 0 176.13 $0.00 0 181.24 $0.00 160 $25,866 1,876 $297,814.81 6,738 $1,086,458.80 58 $11,400.28 58 $11,730.72 58 $12,070.88 8,788 $ 1,419,475 REVISED STRAIGHT TIME LABOR COSTS (AMENDMENT NO. 1)

CONSTRUCTION
Jan 1, 2021- Dec 31, 2021 Jan 1, 2022- Dec 31, 2022 Jan 1, 2023- Dec 31, 2023 Jan 1, 2024- Dec 31, 2024 Jan 1, 2025- Dec 31, 2025 #12..

CITY OF MODESTO SR-132 FREEWAY/EXPRESSWAY

BILL BILL TOTAL TOTAL

POSITION NAME FIRM HRS RATE TOTAL HRS RATE TOTAL HOURS COST Roadway Inspector Grp 2 Ryan George WSP 40 199.55 $7,982.00 60 205.34 $12,320.22 100 $20,302 Roadway Inspector Grp 2 Kevin Irahola WSP 40 190.38 $7,615.20 60 195.90 $11,754.06 100 $19,369 Structures Inspector Grp 2 TBD WSP 16 193.86 $3,101.76 24 199.48 $4,787.57 40 $7,889 Utility Inspector Grp 2 Dave McCullough WSP 16 203.02 $3,248.32 24 208.91 $5,013.78 40 $8,262 Electrical-Roadway Inspector Grp 2 Roy Robbert WSP 16 185.19 $2,963.04 24 190.56 $4,573.45 40 $7,536 Peak Structures Inspector Grp 2 (As-Needed) Brice Ehoff WSP 0 203.35 $0.00 0 209.25 $0.00 0 $0 Peak Roadway Inspector Grp 2 (As-Needed) TBD WSP 0 197.16 $0.00 0 202.88 $0.00 0 $0 128 $ 24,910.32 192 $38,449.08 320 $ 63,359
REVISED OVER TIME LABOR COSTS (AMENDMENT NO. 1)
Jan 1, 2021- Dec 31, 2021 Jan 1, 2022- Dec 31, 2022

CONSTRUCTION
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CITY OF MODESTO SR-132 FREEWAY/EXPRESSWAY
WSP USA INC.

UNIT
UNIT QTY COST ($) SUBTOTAL ($)
TOTAL ($) THIS

ESTIMATE

A) OFFICE

B) OFFICE SUPPLIES
Initial Supply Allowance 0 2,000 $ - Billed at Cost
Office Supplies Months 6 300 $ 1,800.00 Monthly Lump Sum Shipping Months 0.5 100 $ 50.00 Monthly Lump Sum
$ 1,850.00
C) OTHER DIRECT EXPENSES Allowance 0 5,000 $ - $ - Billed at Cost

D) VEHICLES, VEHICLE O&M
Scott Frenette, JD, CCM, QSD WSP Monthly 7 600.00 $ 4,200.00 Rick Deml, PE, QSD WSP Monthly 11 1,000.00 $ 11,000.00
Indy Chadha, PE, QSD WSP Monthly 5 1,000.00 $ 5,000.00
Bill Howe, PE, QSD WSP Monthly 0 600.00 $ -
Ryan George WSP Monthly 4 1,000.00 $ 4,000.00
Kevin Irahola WSP Monthly 9 1,000.00 $ 9,000.00
TBD WSP Monthly 4 1,000.00 $ 4,000.00
Dave McCullough WSP Monthly 4 1,000.00 $ 4,000.00
Roy Robbert WSP Monthly 5 1,000.00 $ 5,000.00
Brice Ehoff WSP Monthly 7 1,000.00 $ 7,000.00
TBD WSP Monthly 1 1,000.00 $ 1,000.00
$ 54,200.00

E) COMPUTER/IT/SERVICE, SURVEY EQUIPMENT, FIELD EQUIPMENT, SAFETY EQUIPMENT Computers/IT/Printers/Service Monthly 9 150.00 $ 1,350.00 Billed at Cost Survey Monthly 3 771.31 $ 2,314.37 Billed at Cost
$ 3,664.37
Field Costs $ 3,664.37
TOTAL EXPENSES $ 59,714.37

REVISED EXPENSES
Per contract documents field office will be provided by the contractor.

Note: Rate based upon $1,000 per month for each vehicle employed on the project Full Time. Vehicles not employed Full Time on the project will be prorated. For purposes of the prorating less than Full Time vehicle rates, one (1) month equals 20 shifts or 1 Full Time Equivalent (FTE). The rate for vehicles not employed on the project Full Time will be $50 for each shift employed on the project for an amount not to exceed $1,000 per month. Vehicles employed Full Time on the project will not be prorated. #12..

CITY OF MODESTO

COUNCIL AGENDA REPORT
DATE OF MEETING:

August 23, 2022
Date: August 11, 2022
TO: Mayor and City Council
THROUGH: Joseph P. Lopez, City Manager
FROM: Jaylen French, Director of Community and Economic Development SUBJECT: Amendment to the Professional Design Services Agreement for the State Route 132 West Freeway/Expressway - Phase 1 Project
CONTACT: John Rawles, Sr. Civil Engineer, [email protected], (209) 577-5253 DESCRIPTION:

Consider approving a Sixth Amendment to the Professional Design Services Agreement for the State Route 132 West Freeway/Expressway - Phase 1 Project with Dokken Engineering, increasing the Agreement amount by $154,858 from $9,245,225 to a total amount not to exceed $9,400,083. (Funding Source: Regional Measure L)
STRATEGIC PLAN ELEMENT:

The SR-132 West Freeway/Expressway Project is consistent with the City Council’s 2020-2025 Strategic Plan Goal D, Ensure Safe, Reliable, Efficient Infrastructure.

BACKGROUND:

The purpose of the State Route 132 West Freeway/Expressway - Phase 1 Project is to improve regional and interregional circulation, relieve traffic congestion along existing State Route 132, and enhance safety and operations for the existing and proposed transportation network.

On May 2, 2017, by Resolution No. 2017-174, the City Council approved an agreement with Dokken Engineering for professional design services in the amount of $6,400,000, plus $600,000 for additional services, for a total contract amount of $7,000,000.

On January 22, 2019, by Resolution No. 2019-01, the City Council approved a First Amendment to the agreement with Dokken Engineering in the amount of $344,096, for a total contract amount of $7,344,096.

On May 7, 2019, by Resolution No. 2019-208, the City Council approved a Second Amendment to the agreement with Dokken Engineering in the amount of $144,422, for a total contract amount of $7,488,518.
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City Council, August 23, 2022
Amendment to the Professional Design Services Agreement for the State Route 132 West Freeway/Expressway - Phase 1 Project

On September 24, 2019, by Resolution No. 2019-441, the City Council approved a Third Amendment to the agreement with Dokken Engineering in the amount of $1,363,210, for a total contract amount of $8,851,728.

On December 8, 2020, by Resolution No. 2020-504, the City Council approved a Fourth Amendment to the agreement with Dokken Engineering in the amount of $304,270, for a total contract amount of $9,155,998.

On April 5, 2022, by Resolution No. 2022-147, the City Council approved a Fifth Amendment to the agreement with Dokken Engineering in the amount of $89,227, for a total contract amount of $9,245,225.

On June 1, 2022, Dokken Engineering submitted to the City a budget augmentation for additional tasks in the amount of $154,858, for a total contract amount of $9,400,083.

DISCUSSION:

The City opened bids for the construction of State Route 132 West Freeway/Expressway – Phase I Project on August 20, 2019. Due to the complexity of the project, design support services are required during the construction of the project to provide technical support to the construction manager.

As the project construction has developed, additional design support services have been identified to complete tasks that were not known during final design. The additional services to be provided include continuation of design services after estimated construction completion date, Kansas Avenue Overlay, and BCS As-builts. Staff recommends approving the Sixth Amendment with Dokken Engineering to assist the successful completion of the SR132 West Freeway/Expressway – Phase 1 Project.

In accordance with Modesto Municipal Code 8-3.204(a) Exceptions to Formal Bidding Requirements, this Sixth Amendment to the original Agreement is for professional services and, therefore, exempt from the bid requirement. Staff proceeded through a Request for Proposal (RFP) process pursuant to Administrative Directive 3.1.

FISCAL IMPACT:

The Project is supported by a complex matrix of funding sources, each having a variety of requirements and constraints. The Plans, Specifications, and Estimates (PS&E) phase and Right of Way (ROW) phase of the Project is funded by a combination of CFF, County Public Facility Fees (PFF), Regional Measure L, Federal grants and state funds. Funds for the PS&E phase of the project were previously approved and are currently available in Capital Improvement Program (CIP) #100614.

The $154,858 for the Sixth Amendment to the Dokken Engineering Agreement will be paid from Project #101119 – SR 132 West Expressway. This account was created for the construction phase of the project.

The Sixth Amendment will be funded with Regional Measure L funds with the approval of the $31.8M Memorandum of Understanding (MOU) with the Stanislaus Council of Governments (StanCOG) that was presented to City Council as a separate item on September 24, 2019. That #13..
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City Council, August 23, 2022
Amendment to the Professional Design Services Agreement for the State Route 132 West Freeway/Expressway - Phase 1 Project

item also included the needed budget adjustment to fund this Sixth Amendment. No additional funding is being requested as part of this amendment.

ANTICIPATED DESIGN SERVICES EXPENDITURES:

Original Professional Design Services Agreement – Dokken Engineering $6,400,000 Additional Services (9.4%) $600,000
TOTAL ORIGINAL AGREEMENT: $7,000,000
First Amendment – Dokken Engineering $344,096
TOTAL DESIGN SERVICES EXPENDITURES:

$7,344,096
Second Amendment – Dokken Engineering $144,422
TOTAL DESIGN SERVICES EXPENDITURES: $7,488,518
Third Amendment – Dokken Engineering $1,363,210
TOTAL DESIGN & SUPPORT DURING CONSTRUCTION EXPENDITURES: $8,851,728 Fourth Amendment – Dokken Engineering $304,270
TOTAL DESIGN & SUPPORT DURING CONSTRUCTION EXPENDITURES: $9,155,998 Fifth Amendment – Dokken Engineering $89,227
TOTAL DESIGN & SUPPORT DURING CONSTRUCTION EXPENDITURES: $9,245,225 Proposed Sixth Amendment – Dokken Engineering $154,858
TOTAL DESIGN & SUPPORT DURING CONSTRUCTION EXPENDITURES: $9,400,083 COMMITTEE RECOMMENDATION:

This item was considered by the Economic Development Committee on August 10, 2022, and recommended forwarding to Council for approval.

CEQA/NEPA REQUIREMENTS:

Caltrans has completed California Environmental Quality Act (CEQA) and National Environmental Policy Act (NEPA) review of the Project with approval of the document as part of the PA&ED Phase on March 9, 2018.

RECOMMENDED COUNCIL ACTION:

Staff Recommendations:

Resolution approving a Sixth Amendment to the Professional Design Services Agreement for the State Route 132 West Freeway/Expressway - Phase 1 Project with Dokken Engineering, increasing the Agreement amount by $154,858 from $9,245,225 to a total amount not to exceed $9,400,083, and authorizing the City Manager, or his designee, to execute the Sixth Amendment.

Approved by:

Jaylen French, Director of CEDD
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City Council, August 23, 2022
Amendment to the Professional Design Services Agreement for the State Route 132 West Freeway/Expressway - Phase 1 Project

Joseph P. Lopez, City Manager
Attachments:

1. Resolution

2. Sixth Amendment, Exhibit A-6, Exhibit D-6

3. Dokken Professional Design Services Agreement

4. First Amendment

5. Second Amendment

6. Third Amendment

7. Fourth Amendment

8. Fifth Amendment
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08/23/2022/CEDD/Rawles/Item 1 2022-

MODESTO CITY COUNCIL
RESOLUTION NO. 2022-

RESOLUTION APPROVING A SIXTH AMENDMENT TO THE

PROFESSIONAL DESIGN SERVICES AGREEMENT FOR THE STATE ROUTE 132 WEST FREEWAY/EXPRESSWAY - PHASE 1 PROJECT WITH DOKKEN ENGINEERING, INCREASING THE AGREEMENT AMOUNT BY $154,858 FROM $9,245,225 TO A TOTAL AMOUNT NOT TO EXCEED $9,400,083, AND

AUTHORIZING THE CITY MANAGER, OR HIS DESIGNEE, TO EXECUTE

THE SIXTH AMENDMENT
WHEREAS, the purpose of the State Route 132 West Freeway/Expressway - Phase 1 Project is to improve regional and interregional circulation, relieve traffic congestion along existing State Route 132, and enhance safety and operations for the existing and proposed transportation network; and
WHEREAS, on May 2, 2017, by Resolution No. 2017-174, the City Council approved an agreement with Dokken Engineering for professional design services in the amount of $6,400,000, plus $600,000 for additional services, for a total contract amount of $7,000,000; and
WHEREAS, on January 22, 2019, by Resolution No. 2019-01, the City Council approved a First Amendment to the agreement with Dokken Engineering in the amount of $344,096, for a total contract amount of $7,344,096; and WHEREAS, on May 7, 2019, by Resolution No. 2019-208, the City Council approved a Second Amendment to the agreement with Dokken Engineering in the amount of $144,422, for a total contract amount of $7,488,518; and WHEREAS, on September 24, 2019, by Resolution No. 2019-441, the City Council approved a Third Amendment to the agreement with Dokken Engineering in the amount of $1,363,210, for a total contract amount of $8,851,728; and #13..
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08/23/2022/CEDD/Rawles/Item 2 2022-
WHEREAS, on December 8, 2020, by Resolution No. 2020-504, the City Council approved a Fourth Amendment to the agreement with Dokken Engineering in the amount of $304,270, for a total contract amount of $9,155,998; and WHEREAS, on April 5, 2022, by Resolution No. 2022-147, the City Council approved a Fifth Amendment to the agreement with Dokken Engineering in the amount of $89,227, for a total contract amount of $9,245,225; and WHEREAS, on June 1, 2022, Dokken Engineering submitted to the City a budget augmentation for additional tasks in the amount of $154,858, for a total contract amount of $9,400,083; and
WHEREAS, the City opened bids for the construction of State Route 132 West Freeway/Expressway – Phase I Project on August 20, 2019; and WHEREAS, due to the complexity of the project, design support services are required during the construction of the project to provide technical support to the construction manager; and
WHEREAS, as the project construction has developed, additional design support services have been identified to complete tasks that were not known during final design; and
WHEREAS, the additional services to be provided include continuation of design services after estimated construction completion date, Kansas Avenue Overlay, and BCS As-builts; and
WHEREAS, Staff recommends approving the Sixth Amendment with Dokken Engineering to assist the successful completion of the SR132 West Freeway/Expressway – Phase 1 Project.
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08/23/2022/CEDD/Rawles/Item 3 2022-
NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Modesto that it hereby approves the Sixth Amendment to the professional design services agreement for the State Route 132 West Freeway/Expressway - Phase 1 Project with Dokken Engineering, increasing the agreement amount by $154,858 from $9,245,225 to a total not to exceed amount of $9,400,083.

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

The foregoing resolution was introduced at a regular meeting of the Council of the City of Modesto held on the 23rd day of August, 2022, by Councilmember ?, who moved its adoption, which motion being duly seconded by Councilmember ?, was upon roll call carried and the resolution adopted by the following vote:

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

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

BY:

JOSE M. SANCHEZ, City Attorney
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-1- City of Modesto
Sixth Amendment to Agreement for Design Services dated May 2, 2017 State Route 132 West Freeway/Expressway - Phase 1 Project

SIXTH AMENDMENT TO AGREEMENT FOR PROFESSIONAL DESIGN SERVICES FOR STATE ROUTE 132 WEST FREEWAY/EXPRESSWAY - PHASE 1 PROJECT This Sixth Amendment to Agreement for Professional Design Services is made with reference to the contractual agreement between the CITY OF MODESTO (“City”) and DOKKEN ENGINEERING, a California corporation (“Consultant”), entered into by the parties on the 2nd day of May, 2017, hereinafter referred to as “Original Agreement”.

This Sixth Amendment to the Original Agreement for Professional Design Services is made with regard to the following recitals:

A. Section 3.0 “COMPENSATION AND BILLING” of the Original Agreement authorized and specified a not to exceed amount of $7,000,000, inclusive of additional services, to Consultant for performing all services and furnishing all staffing and materials called for in Exhibit “A” under this Agreement.

B. On or about January 22, 2019, the parties entered into a First Amendment to the Original Agreement, revising the scope of services and increasing the compensation amount by $344,095.43, and attaching corresponding Exhibits A-1 to the First Amendment “Revised Scope of Services” and Exhibit D-1 “Revised Fee Schedule.” C. On or about May 7, 2019, the parties entered into a Second Amendment to the Original Agreement, revising the scope of services and increasing the compensation amount by $144,421.92, and attaching corresponding “Exhibit A-2 to the Second Amendment - Revised Scope of Services” and “Exhibit D-2 – Revised Fee Schedule.” D. On or about September 24, 2019, the parties entered into a Third Amendment to the Original Agreement, revising the scope of services and increasing the compensation amount by $1,363,210.14, and attaching corresponding “Exhibit A-3 to the Third Amendment - Revised Scope of Services” and “Exhibit D-3 – Revised Fee Schedule.” #13..
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-2- City of Modesto
Sixth Amendment to Agreement for Design Services dated May 2, 2017 State Route 132 West Freeway/Expressway - Phase 1 Project E. On or about December 8, 2020, the parties entered into a Fourth Amendment to the Original Agreement, revising the scope of services and increasing the compensation amount by $304,270.00, and attaching corresponding “Exhibit A-4 to the Fourth Amendment - Revised Scope of Services” and “Exhibit D-4 – Revised Fee Schedule.” E. On or about February 16, 2022, the parties entered into a Fifth Amendment to the Original Agreement, revising the scope of services and increasing the compensation amount by $89,227.00, and attaching corresponding “Exhibit A-5 to the Fifth Amendment - Revised Scope of Services” and “Exhibit D-5 – Revised Fee Schedule.” F. On or about June 1, 2022, at the City’s request, Consultant submitted to City a budget augmentation for additional tasks to increase the amount of the Original Agreement, as amended, by an additional $154,858. The budget augmentation is attached hereto as “Exhibit A-6 to the Sixth Amendment - Revised Scope of Services” and the further revised fee schedule is attached hereto as “Exhibit D-6 – Revised Fee Schedule.” NOW, THEREFORE, in consideration of this Sixth Amendment to Agreement, and the mutual promises, covenants, and stipulations contained in the Original Agreement for Professional Design Services and the First, Second, Third, Fourth and Fifth Amendments to Agreement, the parties agree as follows:

1. The parties agree that each of the recitals set out above is factually true and correct.

2. Section 1.1 “Scope of Services” of the Original Agreement shall be deleted and parties agree to and hereby do substitute the following in its place:
“1.1 Scope of Services: Consultant shall undertake and complete the preparation of the scope of work as set forth and described in the documents attached to the Original Agreement and referred to #13..
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-3- City of Modesto
Sixth Amendment to Agreement for Design Services dated May 2, 2017 State Route 132 West Freeway/Expressway - Phase 1 Project therein as Exhibit “A”. In addition, Consultant shall undertake and complete the preparation of the scope of work as set forth in “Exhibit A-1 to the First Amendment”, “Exhibit A-2 to the Second Amendment”, “Exhibit A-3 to the Third Amendment”, “Exhibit A4 to the Fourth Amendment”, “Exhibit A-5 to the Fifth Amendment”, and “Exhibit A-6 to the Sixth Amendment”
incorporated herein by this reference. The Consultant shall perform all services as required in a manner compatible with the standards of its profession and shall produce a fully complete project acceptable to City.”

3. Section 2.0 “CONTRACT DOCUMENTS” of the Original Agreement shall be deleted and parties agree to and hereby do substitute the following in its place:
“2.0 CONTRACT DOCUMENTS
Contract documents consist of the following documents, including all changes, addenda, and modifications thereto:

1. Agreement and all attachments
a. Exhibit A – Scope of Services
b. Exhibit A-1 to the First Amendment – Revised
Scope of Services
c. Exhibit A-2 to the Second Amendment – Revised
Scope of Services
d. Exhibit A-3 to the Third Amendment – Revised
Scope of Services
e. Exhibit A-4 to the Fourth Amendment – Revised
Scope of Services
f. Exhibit A-5 to the Fifth Amendment – Revised
Scope of Services
g. Exhibit A-6 to the Sixth Amendment – Revised
Scope of Services
h. Exhibit B – Insurance Requirements
i. Exhibit C – Project Schedule
j. Exhibit D – Fee Schedule
k. Exhibit D-1 – Revised Fee Schedule
l. Exhibit D-2 – Revised Fee Schedule
m. Exhibit D-3 – Revised Fee Schedule
n. Exhibit D-4 – Revised Fee Schedule
o. Exhibit D-5 - Revised Fee Schedule
p. Exhibit D-6 - Revised Fee Schedule

2. City’s Request for Proposal

3. Consultant’s Response”
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-4- City of Modesto
Sixth Amendment to Agreement for Design Services dated May 2, 2017 State Route 132 West Freeway/Expressway - Phase 1 Project

4. Section 3.1 “Compensation” of the Original Agreement between the parties shall be deleted and the parties agree to and hereby do substitute the following in its place:
“3.1 Compensation: Consultant and City agree that this Agreement is valid and enforceable only if sufficient funds are made available to the City and funding is approved by the governing body of the City. Consultant shall be paid in accordance with the schedule set forth in Exhibit “D” (Fee Schedule), attached hereto and made a part of this Agreement. In addition, Consultant shall be paid in accordance with the schedule set forth in Exhibit “D-1”, Exhibit “D-2”, Exhibit “D-3”, Exhibit “D-4”, Exhibit “D-5”, and in Exhibit “D-6”. Fee Schedule rates shall include all work and deliverables, including travel and equipment described in Exhibit “D”, Exhibit “D-1”, Exhibit “D-2”, Exhibit “D-3”, Exhibit “D-4”, Exhibit “D-5”, and Exhibit “D-6”, including direct salary costs, employee benefits, and overhead. The City may retain five percent of all periodic or progress payments made to the Consultant until completion and acceptance of all work tasks and City shall have right to withhold payment from Consultant for any unsatisfactory service until such time service is performed satisfactorily.

Consultant agrees to accept a sum not to exceed NINE MILLION, FOUR HUNDRED THOUSAND, EIGHTY-TWO AND 49/100
DOLLARS ($9,400,082.49) as full remuneration for performing all services and furnishing all staffing and materials called for in Exhibit "A" of the original agreement, “Exhibit A-1 to the First Amendment”, “Exhibit A-2 to the Second Amendment”, “Exhibit A-3 to the Third Amendment”, “Exhibit A-4 to the Fourth Amendment”, “Exhibit A-5 to the Fifth Amendment”, and “Exhibit A-6 to the Sixth Amendment”, for performance by Consultant of all of its duties and obligations under this Agreement.

A. The method of payment for this contract will be based on lump sum, unless otherwise indicated on Exhibit “D”, “D-1”, “D-2”, “D-3”, “D-4”, “D-5”, or “D-6” of this Agreement. The total lump sum price paid to Consultant will include compensation for all work and deliverables, including travel and equipment described in Exhibit “D,” Exhibit “D-1”, Exhibit “D-2”, Exhibit “D-3”, Exhibit “D-4”, Exhibit “D-5”, and Exhibit “D6” of this contract. The hourly price paid to Consultant will include compensation for all work and deliverables, including travel and equipment described in Exhibit “D-1”, Exhibit “D2”, Exhibit “D-3”, Exhibit “D-4”, Exhibit “D-5”, and Exhibit “D-6” of this contract. No additional compensation will be #13..
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-5- City of Modesto
Sixth Amendment to Agreement for Design Services dated May 2, 2017 State Route 132 West Freeway/Expressway - Phase 1 Project paid to Consultant, unless there is a change in the scope of the work or the scope of the project. In the instance of a change in the scope of work or scope of the project, adjustment to the total lump sum compensation will be negotiated between
Consultant and City. Adjustment in the total lump sum
compensation will not be effective until authorized by contract amendment and approved by City.

B. Progress payments may be made monthly in arrears based on the percentage of work completed by Consultant. If Consultant fails to submit the required deliverable items according to the schedule set forth in the Statement of Work, City shall have the right to delay payment or terminate this Contract in accordance with the provisions of Article VI Termination.

C. Consultant shall not commence performance of work or services until this contract has been approved by City and notification to proceed has been issued by City’s Project Manager. No payment will be made prior to approval of any work, or for any work performed prior to approval of this contract.

D. Consultant will be reimbursed, as promptly as fiscal procedures will permit, upon receipt by City’s Project Manager of itemized invoices in triplicate. Invoices shall be submitted no later than 45 calendar days after the performance of work for which Consultant is billing. Invoices shall detail the work performed on each milestone, on each project as applicable. Invoices shall follow the format stipulated for the Cost Proposal and shall reference the project title as noted elsewhere in this contract.

Final invoice must contain the final cost and all credits due City that include any equipment purchased under the
provisions of section 1.14 Equipment Purchase of this contract.

The final invoice should be submitted within 60-calendar days after completion of Consultant’s work. Invoices shall be mailed to City’s Project Manager at the following address:

Mr. John Rawles, c/o
Community & Economic Development Department
P.O. Box 642
Modesto, CA 95353
(209) 577-5253

6. Except as herein amended or modified, the provisions of the Original Agreement, First Amendment, Second Amendment, Third Amendment, #13..
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-6- City of Modesto
Sixth Amendment to Agreement for Design Services dated May 2, 2017 State Route 132 West Freeway/Expressway - Phase 1 Project Fourth Amendment, and Fifth Amendment are expressly reaffirmed and remain in full force and effect.
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-7- City of Modesto
Sixth Amendment to Agreement for Design Services dated May 2, 2017 State Route 132 West Freeway/Expressway - Phase 1 Project IN WITNESS WHEREOF, the City of Modesto, a municipal corporation, has authorized the execution of this Sixth Amendment in duplicate by its City Manager and attestation by its City Clerk under authority of Resolution No. 2022-________, adopted by the Council of the City of Modesto on the 23rd day of August, 2022, and DOKKEN ENGINEERING has caused this Sixth Amendment to be duly executed in duplicate. (Signatures on next page)
Reviewed 6/3/2022 by PH
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Third Amendment -1- City of Modesto
State Route 132 West Freeway/Expressway - Phase 1 Project

THIRD AMENDMENT TO AGREEMENT FOR PROFESSIONAL DESIGN SERVICES FOR STATE ROUTE 132 WEST FREEWAY/EXPRESSWAY - PHASE 1 PROJECT This Third Amendment to Agreement for Professional Design Services is made with reference to the contractual agreement between the CITY OF MODESTO (“City”) and DOKKEN ENGINEERING, a California corporation (“Consultant”), entered into by the parties on the 2nd day of May, 2017, hereinafter referred to as “Original Agreement”.

This Third Amendment to the Original Agreement for Professional Design Services is made with regard to the following recitals:

A. Section 3.0 “COMPENSATION AND BILLING” of the Original Agreement authorized and specified a not to exceed amount of $7,000,000, inclusive of additional services, to Consultant for performing all services and furnishing all staffing and materials called for in Exhibit “A” under this Agreement.

B. On or about January 22, 2019, the parties entered into a First Amendment to the Original Agreement, revising the scope of services and increasing the compensation amount by $344,095.43, and attaching corresponding Exhibits A-1 to the First Amendment “Revised Scope of Services” and Exhibit D-1 “Revised Fee Schedule.” C. On or about May 7, 2019, the parties entered into a Second Amendment to the Original Agreement, revising the scope of services and increasing the compensation amount by $144,421.92, and attaching corresponding “Exhibit A-2 to the Second Amendment - Revised Scope of Services” and “Exhibit D-2 – Revised Fee Schedule.” D. On or about July 10, 2019, at the City’s request, Consultant submitted to City a budget augmentation for additional tasks to increase the amount of the Original Agreement, as amended, by an additional $1,363,210.14. The budget augmentation is attached #13..
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Third Amendment -2- City of Modesto
State Route 132 West Freeway/Expressway - Phase 1 Project hereto as “Exhibit A-3 to the Third Amendment - Revised Scope of Services” and the further revised fee schedule is attached hereto as “Exhibit D-3 – Revised Fee Schedule.” NOW, THEREFORE, in consideration of this Third Amendment to Agreement, and the mutual promises, covenants, and stipulations contained in the Original Agreement for Professional Design Services and the First and Second Amendments to Agreement, the parties agree as follows:

1. The parties agree that each of the recitals set out above is factually true and correct.

2. Section 1.1 “Scope of Services” of the Original Agreement shall be deleted and parties agree to and hereby do substitute the following in its place:
“1.1 Scope of Services: Consultant shall undertake and complete the preparation of the scope of work as set forth and described in the documents attached to the Original Agreement and referred to therein as Exhibit “A”. In addition, Consultant shall undertake and complete the preparation of the scope of work as set forth in “Exhibit A-1 to the First Amendment”, “Exhibit A-2 to the Second Amendment”, and “Exhibit A-3 to the Third Amendment”,
incorporated herein by this reference. The Consultant shall perform all services as required in a manner compatible with the standards of its profession and shall produce a fully complete project acceptable to City.”

3. Section 2.0 “CONTRACT DOCUMENTS” of the Original Agreement shall be deleted and parties agree to and hereby do substitute the following in its place:
“2.0 CONTRACT DOCUMENTS
Contract documents consist of the following documents, including all changes, addenda, and modifications thereto:

1. Agreement and all attachments
a. Exhibit A – Scope of Services
b. Exhibit A-1 to the First Amendment – Revised Scope of #13..
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Third Amendment -3- City of Modesto
State Route 132 West Freeway/Expressway - Phase 1 Project Services
c. Exhibit A-2 to the Second Amendment – Revised Scope
of Services
d. Exhibit A-3 to the Third Amendment – Revised Scope
of Services
e. Exhibit B – Insurance Requirements
f. Exhibit C – Project Schedule
g. Exhibit D – Fee Schedule
h. Exhibit D-1 – Revised Fee Schedule
i. Exhibit D-2 – Revised Fee Schedule
j. Exhibit D-3 – Revised Fee Schedule

2. City’s Request for Proposal

3. Consultant’s Response”

4. Section 3.1 “Compensation” of the Original Agreement between the parties shall be deleted and the parties agree to and hereby do substitute the following in its place:
“3.1 Compensation: Consultant and City agree that this Agreement is valid and enforceable only if sufficient funds are made available to the City and funding is approved by the governing body of the City. Consultant shall be paid in accordance with the schedule set forth in Exhibit “D” (Fee Schedule), attached hereto and made a part of this Agreement. In addition, Consultant shall be paid in accordance with the schedule set forth in Exhibit “D-1”, Exhibit “D-2”, and in Exhibit “D-3”. Fee Schedule rates shall include all work and deliverables, including travel and equipment described in Exhibit “D”, Exhibit “D-1”, Exhibit “D-2”, and Exhibit “D-3”, including direct salary costs, employee benefits, and overhead.

The City may retain five percent of all periodic or progress payments made to the Consultant until completion and acceptance of all work tasks and City shall have right to withhold payment from Consultant for any unsatisfactory service until such time service is performed satisfactorily.

Consultant agrees to accept a sum not to exceed EIGHT

MILLION, EIGHT HUNDRED FIFTY-ONE THOUSAND,
SEVEN HUNDRED TWENTY-SEVEN AND 49/100
DOLLARS ($8,851,727.49) as full remuneration for performing all services and furnishing all staffing and materials called for in Exhibit "A" of the original agreement, “Exhibit A-1 to the First Amendment”, “Exhibit A-2 to the Second Amendment”, and
“Exhibit A-3 to the Third Amendment”, for performance by Consultant of all of its duties and obligations under this Agreement.
#13..
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Third Amendment -4- City of Modesto
State Route 132 West Freeway/Expressway - Phase 1 Project A. The method of payment for this contract will be based on lump sum, unless otherwise indicated on Exhibit “D”, “D-1”, “D-2”, or “D-3” of this Agreement. The total lump sum price paid to Consultant will include compensation for all work and
deliverables, including travel and equipment described in Exhibit “D,” Exhibit “D-1”, Exhibit “D-2”, and Exhibit “D-3” of this contract. The hourly price paid to Consultant will include compensation for all work and deliverables, including travel and equipment described in Exhibit “D-1”, Exhibit “D2”, and Exhibit “D-3” of this contract. No additional compensation will be paid to Consultant, unless there is a change in the scope of the work or the scope of the project. In the instance of a change in the scope of work or scope of the project, adjustment to the total lump sum compensation will be negotiated between Consultant and City. Adjustment in the total lump sum compensation will not be effective until authorized by contract amendment and approved by City.

B. Progress payments may be made monthly in arrears based on the percentage of work completed by Consultant. If Consultant fails to submit the required deliverable items according to the schedule set forth in the Statement of Work, City shall have the right to delay payment or terminate this Contract in accordance with the provisions of Article VI Termination.

C. Consultant shall not commence performance of work or services until this contract has been approved by City and notification to proceed has been issued by City’s Project Manager. No payment will be made prior to approval of any work, or for any work performed prior to approval of this contract.

D. Consultant will be reimbursed, as promptly as fiscal procedures will permit, upon receipt by City’s Project Manager of itemized invoices in triplicate. Invoices shall be submitted no later than 45 calendar days after the performance of work for which Consultant is billing. Invoices shall detail the work performed on each milestone, on each project as applicable. Invoices shall follow the format stipulated for the Cost Proposal and shall reference the project title as noted elsewhere in this contract.

Final invoice must contain the final cost and all credits due City that include any equipment purchased under the
provisions of section 1.14 Equipment Purchase of this contract.

The final invoice should be submitted within 60-calendar days after completion of Consultant’s work. Invoices shall be mailed to City’s Project Manager at the following address:
#13..
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Third Amendment -5- City of Modesto
State Route 132 West Freeway/Expressway - Phase 1 Project Mr. John Rawles, c/o
Community & Economic Development Department
P.O. Box 642
Modesto, CA 95353
(209) 577-5253

6. Except as herein amended or modified, the provisions of the Original Agreement, First Amendment, and Second Amendment are expressly reaffirmed and remain in full force and effect.
#13..
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#13..
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SR132 WEST FREEWAY/EXPRESSWAY – PHASE 1
EXHIBIT A- 3 - SCOPE OF WORK
PAGE 1
EXHIBIT A-3 TO THE THIRD AMENDMENT

REVISED SCOPE OF SERVICES
Revised June 11, 2019
The following scope of work includes design and environmental support during the construction process. These services include design, utility and environmental services necessary to support construction of the project, maintain permit/agreement conditions and close out the project.

All work included herein will be billed on an hourly basis.

TASK 30 REQUESTS FOR INFORMATION (HOURLY)
Task 30.1 Respond to Requests for Information (RFI’s)
Dokken Engineering (Dokken) will provide on-going consultation and interpretation of contract documents, as requested.

Written responses will be provided to all requests for information (RFI’s), and supplemental or revised drawings may be issued to provide clarity to the Resident Engineer (RE) and Contractor. Developing change orders or plans for change orders is also made a part of this task.

Dokken will maintain a log of open and recently closed RFI’s to ensure timely response and progress on all RFI’s. Dokken will provide our responses to the Caltrans Construction Engineer (Harminder Deol) as well.

Task 30.2 RFI Support from Sub-Consultants
Sub consultants Wreco, Drake-Haglan, Y&C, Geocon and O’Dell will be available as requested to respond to RFI’s transmitted to them from Dokken. Dokken will review the responses from our sub consultants for completeness and clarity prior to transmitting them to the City, Caltrans and WSP. Responses will be recorded on the monthly progress report and retained for as-built plan preparation
Task 30.3 Site Visits to Address RFI’s and Coordination Dokken will schedule and attend periodic site visits throughout the project to answer questions, offer insight related to the numerous unique project conditions and sign off RFI’s. It is anticipated that site visits may occur weekly in times of heavy progress and then only occur bi-weekly when less construction activity is occurring.

TASK 31 REVIEW OF SHOP DRAWINGS
(HOURLY)
Task 31.1 Review Shop Drawings
Deliverables – Task 30
 Written Response to RFI’s
 Revised Plans to Clarify RFI’s
 RFI Log Update Monthly or more frequently
 Change Order Plans
#13..
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SR132 WEST FREEWAY/EXPRESSWAY – PHASE 1
EXHIBIT A- 3 - SCOPE OF WORK
PAGE 2
Dokken will review submittal drawings and stamp them as returned for corrections, approved as noted, or approved. For the bridges, submittal reviews are anticipated for permanent structure elements such as piling, bearings, joint seals, utility hangers, overhead signs, waterlines, light poles, aesthetics, and post-tensioning. Any corrections will be clearly marked in red and returned to the Resident Engineer. Subsequent reviews to confirm appropriate corrections to the shop drawings are anticipated. Submittals will be copied to Caltrans as requested by the Resident Engineer.

Dokken cannot review shop drawings for bridge falsework.

Task 31.2 Review of Shop Drawings for Pump Station
Wreco will review shop drawings for the pump station and stamp them as returned for corrections, approved as noted or approved. Submittal reviews are anticipated for pumps, control equipment, metal fabrication, railings, hardware, lighting electrical equipment and other major appurtenances related to the pump station. Any corrections will be clearly marked in red and returned to the Resident Engineer. Subsequent reviews to confirm appropriate corrections to the shop drawings are anticipated.

Task 31.3 Review of Shop Drawings for Electrical and ITS Y&C will review shop drawings for the electrical/ITS and stamp them as returned for corrections, approved as noted or approved. Submittal reviews are anticipated for traffic signals, street lighting, CMS, TMS, Fiber Optics, and camera systems. Any corrections will be clearly marked in red and returned to the Resident Engineer. Subsequent reviews to confirm appropriate corrections to the shop drawings are anticipated.

Task 31.4 Review of Shop Drawings for 54” Sewer, Landscape and Irrigation O’Dell will review shop drawings sewers, landscape, hardscape and irrigation for compliance with the project design and special provisions. Submittal review are anticipated for 54” sewer shop drawings, irrigation, and landscaping. Any corrections will be clearly marked in red and returned to the Resident Engineer. Subsequent reviews to confirm appropriate corrections to the shop drawings are anticipated.

Deliverables – Task 31
 Stamped Shop Drawing Reviews
 Stamped Subsequent Reviews to Confirm Corrections
TASK 32 ENVIRONMENTAL CONSTRUCTION SUPPORT (HOURLY)
Based on Dokken Engineering’s understanding of the scope of work for construction support, the following tasks are assumed to be completed by the contractor or CM team:

1. Cultural monitoring (paleontology) during excavation – CM team

2. Biological monitoring – Contractor furnished

3. Inspection of BCS/ADL relocation – CM team (with subconsultant Geocon)

4. Hazardous materials in buildings to be demolished – CPSI and City The following scope of work will be provided by Dokken’s environmental team to provide additional environmental construction support services to ensure the City fully meets the CEQA, NEPA, and permit commitments for the project. #13..
- 304 -
SR132 WEST FREEWAY/EXPRESSWAY – PHASE 1
EXHIBIT A- 3 - SCOPE OF WORK
PAGE 3
Task 32.1 General Environmental Construction Support
Dokken will be responsible for general environmental construction support and monitoring as required by the environmental document in support of the City’s needs. This task involves periodic inspection of the construction site to ensure all environmental commitments are being adhered to by the City and its contractors. Monitored commitments may include maintenance of Environmentally Sensitive Area (ESA) fencing, monitoring during initial ground disturbing activities, coordination with City, Caltrans, CM, and contractor staff, and managing the project’s Environmental Commitment Record to track commitments as they are completed throughout construction. Dokken will also coordinate with the Contractor supplied biologist to ensure that all biological monitoring commitments are met. Dokken biologists will be available on-call for any unexpected discovery or emergency situation during construction. Dokken will provide agency coordination for start of construction, emergency management, and construction close out notification, as needed.

Deliverables – Task 32
 Completed Environmental Commitment Record tracking all mitigation and other measures throughout construction.
 Environmental Construction Support Monitoring Reports  Agency Notification Records
TASK 33 RELINQUISHMENT SUPPORT (HOURLY)
Task 33.1 Plat Maps and Legal Descriptions for 4 Parcel Adjustments Northstar will prepare plat maps and legal descriptions for 4 parcels to prepare them for the final right of way disposition.

Parcels to be considered include:
1) City needs an easement for the 54” sanitary sewer to be retained from the future Caltrans basin acquired from parcels 20 and 101.
2) City should request the State excess more width along Emerald avenue and a plat and legal should be prepared to accompany the relinquishment negotiations.
3) Plats and legals for the state to relinquish the areas outside the access control along Carpenter to MID or the City where the steel poles are located.
4) A right of way adjustment between the State, City and Mitchell (Parcel No. 33) may be desired.

Not included in this proposal are the final Record of Survey, Relinquishment Maps, monumentation of the right of way, right of way maps, and monumentation of the alignments. Proper scoping of these services is anticipated to require several meetings and negotiation with Caltrans District 10. #13..
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SR132 WEST FREEWAY/EXPRESSWAY – PHASE 1
EXHIBIT A- 3 - SCOPE OF WORK
PAGE 4
Task 33.2 Relinquishment Support
Dokken will provide support to the City and Caltrans in preparing right of way adjustments on and around new SR-132 and relinquishment support for the existing SR-132, “Maze Boulevard”. Support from Dokken may include attending meetings, discussing relinquishment related to the 4 locations noted above in Task 33.1. At these properties along the new SR-132 a division between permanent State right of way and property in fee to be retained by the City should be identified.

TASK 34 UTILITY SUPPORT (HOURLY)
Task 34.1 Utility Support
Dokken will support the City and RE as requested with background information and coordination for planned utility relocations during construction. Support may include discussing potholing findings and research prior to construction, coordinating ongoing relocations with the utility companies, revising details to accommodate any change conditions for the utilities and supporting the City to comply with the utility agreements.

TASK 35 AS BUILT PLAN PREPARATION (HOURLY)
Task 35.1 Prepare As-Built Plans
Using mark-ups received from the RE and supplemental or revised drawings from addenda or RFI’s, Dokken will prepare the final record drawings. These drawings will be prepared electronically in Microstation format and provided on a CD and in both full and half size copies on bond paper.

Prior to preparing the full set of as-built plans, Dokken will meet with District 10 to discuss requirements of the as-built drawings and to clarify conflicting requirements in the Caltrans manuals and policies. Dokken will prepare minutes of the meeting and request definitive concurrence from District 10 of the as-built drawing requirements prior to preparing all the changes to the plan sheets.

Completed as-built plans will be submitted to the City of Modesto, Caltrans District 10/6, and Stanislaus County.

Deliverables – Task 35
 As-Built Plans (11x17) Electronic and Hard Copy Files

END OF PROPOSAL
#13..
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City Resoluion No.: 2017-174
CONSULTANT: Dokken Engineering Date: July 10, 2019

DIRECT LABOR
Classification Name Range Hours Total
Project Manager Matthew Griggs, PE $50.00 - $90.00 596 @ $ 82.00 $ 48,872.00 Senior Engineer Martin Maechler, PE $50.00 - $90.00 848 @ $ 71.00 $ 60,208.00 Associate Engineer Eric Espinoza, PE $40.00 - $65.00 1,128 @ $ 52.00 $ 58,656.00 Roadway Project Engineer Richard Sanders, PE $40.00 - $65.00 1,550 @ $ 44.00 $ 68,200.00 Senior Engineer Staff $50.00 - $90.00 516 @ $ 63.00 $ 32,508.00 Associate Engineer Staff $40.00 - $65.00 1,032 @ $ 52.00 $ 53,664.00 Assistant Engineer Staff $30.00 - $50.00 912 @ $ 38.00 $ 34,656.00 Land Surveyor Terry Fletcher, LS $40.00 - $60.00 0 @ $ 55.00 $ - Environmental Manager Namat Hosseinion $50.00 - $90.00 20 @ $ 80.00 $ 1,600.00 Senior Environmental Planner Tim Chamberlain $40.00 - $65.00 60 @ $ 52.00 $ 3,120.00 Associate Environmental Planner Staff $30.00 - $50.00 40 @ $ 42.00 $ 1,680.00 Environmental Planner/Biologist Staff $20.00 - $45.00 120 @ $ 34.00 $ 4,080.00 Senior CAD Detailer Staff $40.00 - $65.00 224 @ $ 59.00 $ 13,216.00 Engineering Technician Staff $19.00 - $40.00 120 @ $ 25.00 $ 3,000.00 @ $ - $ -
Subtotal Direct Labor Costs $ 383,460.00
Anticipated Salary Increases $ -
Total Direct Labor Costs $ 383,460.00
Rate Total
Fringe Benefit 72.19% $ 276,819.77
Total Fringe Benefits $ 276,819.77
Indirect Costs Rate Total
General and Administrative 78.01% $ 299,137.15
Overhead 6.84% $ 26,228.66
Total Indirect Costs $ 325,365.81
FEE (Profit) ( 10.00% ) Total Fee (Profit) $ 98,564.56
OTHER COSTS (TO BE INVOICED AT ACTUAL COST) Quantity Unit Rate Total • Subconsultant RFI Responses *(for 25%) 200000 $ 1.00 $ 200,000.00 • Wreco Shop Drawings * 25000 $ 1.00 $ 25,000.00
• O'Dell Shop Drawings 20000 $ 1.00 $ 20,000.00
• Y&C Shop Drawings * 25000 $ 1.00 $ 25,000.00
• Northstar Plats 8000 $ 1.00 $ 8,000.00
• 0 $ 1.00 $ -
• 0 $ 1.00 $ -
• 0 $ 1.00 $ -
• 0 $ 1.00 $ -
• Outside Reproduction 10,000 11 X 17 sheets $ 0.10 $ 1,000.00 Total Other Costs $ 279,000.00
TOTAL - Dokken Engineering $ 1,363,210.14
SUBCONSULTANT COSTS Total
• Included as ODC $ -
• $ -
• $ -
• $ -
• $ -
* DBE Firm DBE Participation: 7.3% TOTAL - Subconsultants $ - TOTAL COST - NOT TO EXCEED $ 1,363,210.14
EXHIBIT 10-H AMENDMENT 3 COST PROPOSAL
SR-132 Phase 1 Freeway/Expressway Project
EXHIBIT D-3 - Revised Fee Schedule
City of Modesto
Initial
Hourly
Rate
#13..

SR-132 West Freeway/Expressway Phase 1 Project
Exhibit D-3 - Revised Fee Schedule
Revised July 10, 2019

DOKKEN ENGINEERING
TASK
Matthew Griggs(Project
Manager)
Martin Maechler, PE(Senior Engineer)Eric Espinoza, PE(Associate Engineer)Richard Sanders, PE(Associate Engineer)Senior Engineer Associate Engineer
Assistant EngineerNamat Hosseinion (Environmental Manager)Tim Chamberlain (Senionr Environmental Planner)Associate Environmental SpecialistEnvironmental Planner/ Biologist Senior
CADD/Detailers
Engineering
Technician
$231.85 $200.75 $147.03 $124.41 $178.13 $147.03 $107.44 $226.20 $147.03 $118.75 $96.13 $166.82 $70.69 TASK 30 - REQUESTS FOR INFORMATION (Hourly) 400 512 560 1128 452 560 504 64 40 4,220 $200,000.00 $848,693.90

30.1 Respond to RFI's 240 400 360 840 400 560 480 64 40 3,384 $512,038.07

30.2 RFI Support from Sub-Consultants 40 32 40 48 20 180 $200,000.00 $231,113.15

30.3 Site Visits to Address RFI's and Coordination 120 80 160 240 32 24 656 $105,542.68 TASK 31 - REVIEW OF SHOP DRAWINGS (Hourly) 48 280 136 274 64 440 1,242 $70,000.00 $267,513.65

31.1 Review of Shop Drawings 36 240 120 200 40 440 1,076 $170,867.85

31.2 Review of Shop Drawings for Pump Station (Wreco) 4 24 10 24 62 $25,000.00 $36,264.52

31.3 Review of Shop Drawings for Electrical and ITS (Y&C) 4 16 8 24 52 $20,000.00 $28,301.36

31.4 Review of Shop Drawings for 54" Sewer, Landscape and Irrigation (O'Dell) 4 8 40 52 $25,000.00 $32,079.91 TASK 32 - ENVIRONMENTAL CONSTRUCTION SUPPORT (Hourly) 20 60 40 120 240 $29,631.57

32.1 General Environmental Construction Support 20 60 40 120 240 $29,631.57 TASK 33 - RELINQUISHMENT SUPPORT (Hourly) 64 72 8 144 $8,000.00 $32,655.28

33.1 Plat Maps and Legal Descriptions for 4 Parcel Adjustments 16 32 8 56 $8,000.00 $16,550.18

33.2 Relinquishment Support 48 40 88 $16,105.10
TASK 34 - UTILITY SUPPORT (Hourly) 64 16 400 20 160 660 $96,540.11

34.1 Utility Support 64 16 400 20 160 660 $96,540.11
TASK 35 - AS BUILT PLAN PREPARATION (Hourly) 20 40 32 56 32 240 160 80 660 $1,000.00 $88,175.63

35.1 Prepare As-Built Plans 20 40 32 56 32 240 160 80 660 $1,000.00 $88,175.63 TOTAL HOURS 596 848 1,128 1,550 516 1,032 912 20 60 40 120 224 120 7,166 TOTAL COST $138,182.65 $170,234.51 $165,846.32 $192,831.41 $91,914.42 $151,731.74 $97,987.76 $4,523.90 $8,821.61 $4,750.10 $11,535.96 $37,367.45 $8,482.32 $279,000.00 $1,363,210.14 Total HoursDirect Costs

GRAND TOTAL - TOTAL
COSTS
TOTALS
#13..
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Dokken Engineering
Agreement for Design Services for State Route 132 West Freeway/Expressway - Phase 1 Project July 10, 2019
AUTHORIZED ORIGINAL BASE AGREEMENT: $6,400,000.00 Council approved 5/2/17 ADDITIONAL SERVICES, IF NEEDED: $600,000.00
TOTAL COMPENSATION: $7,000,000.00
FIRST ADDITIONAL SERVICES REQUEST: ($57,963.53) CM signed 9/28/17 SECOND ADDITIONAL SERVICES REQUEST: ($131,007.00) CM signed 11/3/17 THIRD ADDITIONAL SERVICES REQUEST: ($155,976.00) CM signed 1/25/18 FOURTH ADDITIONAL SERVICES REQUEST: ($197,237.00) CM signed 8/23/18 FIFTH ADDITIONAL SERVICES REQUEST: ($57,816.47) CM signed 12/31/18 ADDITIONAL SERVICES REMAINING: $0.00
FIRST AMENDMENT TO AGREEMENT: $344,095.43 Council approved 1/22/19 SECOND AMENDMENT TO AGREEMENT: $144,421.92 Council approved May 7, 2019 THIRD AMENDMENT TO AGREEMENT: $1,363,210.14
REVISED TOTAL AGREEMENT: $8,851,727.49
#13..
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Fourth Amendment -1- City of Modesto
State Route 132 West Freeway/Expressway - Phase 1 Project

FOURTH AMENDMENT TO AGREEMENT FOR PROFESSIONAL DESIGN SERVICES FOR STATE ROUTE 132 WEST FREEWAY/EXPRESSWAY - PHASE 1 PROJECT This Fourth Amendment to Agreement for Professional Design Services is made with reference to the contractual agreement between the CITY OF MODESTO (“City”) and DOKKEN ENGINEERING, a California corporation (“Consultant”), entered into by the parties on the 2nd day of May, 2017, hereinafter referred to as “Original Agreement”.

This Fourth Amendment to the Original Agreement for Professional Design Services is made with regard to the following recitals:

A. Section 3.0 “COMPENSATION AND BILLING” of the Original Agreement authorized and specified a not to exceed amount of $7,000,000, inclusive of additional services, to Consultant for performing all services and furnishing all staffing and materials called for in Exhibit “A” under this Agreement.

B. On or about January 22, 2019, the parties entered into a First Amendment to the Original Agreement, revising the scope of services and increasing the compensation amount by $344,095.43, and attaching corresponding Exhibits A-1 to the First Amendment “Revised Scope of Services” and Exhibit D-1 “Revised Fee Schedule.” C. On or about May 7, 2019, the parties entered into a Second Amendment to the Original Agreement, revising the scope of services and increasing the compensation amount by $144,421.92, and attaching corresponding “Exhibit A-2 to the Second Amendment - Revised Scope of Services” and “Exhibit D-2 – Revised Fee Schedule.” C. On or about September 24, 2019, the parties entered into a Third Amendment to the Original Agreement, revising the scope of services and increasing the compensation amount by $1,363,210.14, and attaching corresponding “Exhibit A-3 to the Second Amendment - Revised Scope of Services” and “Exhibit D-3 – Revised Fee Schedule.” DocuSign Envelope ID: C325595C-CFE9-46D6-958C-CD9FE5E0D905 #13..
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Fourth Amendment -2- City of Modesto
State Route 132 West Freeway/Expressway - Phase 1 Project D. On or about October 8, 2020, at the City’s request, Consultant submitted to City a budget augmentation for additional tasks to increase the amount of the Original Agreement, as amended, by an additional $304,270.00. The budget augmentation is attached hereto as “Exhibit A-4 to the Fourth Amendment - Revised Scope of Services” and the further revised fee schedule is attached hereto as “Exhibit D-4 – Revised Fee Schedule.” NOW, THEREFORE, in consideration of this Fourth Amendment to Agreement, and the mutual promises, covenants, and stipulations contained in the Original Agreement for Professional Design Services and the First, Second, and Third Amendments to Agreement, the parties agree as follows:

1. The parties agree that each of the recitals set out above is factually true and correct.

2. Section 1.1 “Scope of Services” of the Original Agreement shall be deleted and parties agree to and hereby do substitute the following in its place:
“1.1 Scope of Services: Consultant shall undertake and complete the preparation of the scope of work as set forth and described in the documents attached to the Original Agreement and referred to therein as Exhibit “A”. In addition, Consultant shall undertake and complete the preparation of the scope of work as set forth in “Exhibit A-1 to the First Amendment”, “Exhibit A-2 to the Second Amendment”, “Exhibit A-3 to the Third Amendment”, and
“Exhibit A-4 to the Fourth Amendment”, incorporated herein by this reference. The Consultant shall perform all services as required in a manner compatible with the standards of its profession and shall produce a fully complete project acceptable to City.”

3. Section 2.0 “CONTRACT DOCUMENTS” of the Original Agreement shall be deleted and parties agree to and hereby do substitute the following in its place:

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Fourth Amendment -3- City of Modesto
State Route 132 West Freeway/Expressway - Phase 1 Project “2.0 CONTRACT DOCUMENTS
Contract documents consist of the following documents, including all changes, addenda, and modifications thereto:

1. Agreement and all attachments
a. Exhibit A – Scope of Services
b. Exhibit A-1 to the First Amendment – Revised
Scope of Services
c. Exhibit A-2 to the Second Amendment – Revised
Scope of Services
d. Exhibit A-3 to the Third Amendment – Revised
Scope of Services
e. Exhibit A-4 to the Fourth Amendment – Revised
Scope of Services
f. Exhibit B – Insurance Requirements
g. Exhibit C – Project Schedule
h. Exhibit D – Fee Schedule
i. Exhibit D-1 – Revised Fee Schedule
j. Exhibit D-2 – Revised Fee Schedule
k. Exhibit D-3 – Revised Fee Schedule
l. Exhibit D-4 – Revised Fee Schedule

2. City’s Request for Proposal

3. Consultant’s Response”

4. Section 3.1 “Compensation” of the Original Agreement between the parties shall be deleted and the parties agree to and hereby do substitute the following in its place:
“3.1 Compensation: Consultant and City agree that this Agreement is valid and enforceable only if sufficient funds are made available to the City and funding is approved by the governing body of the City. Consultant shall be paid in accordance with the schedule set forth in Exhibit “D” (Fee Schedule), attached hereto and made a part of this Agreement. In addition, Consultant shall be paid in accordance with the schedule set forth in Exhibit “D-1”, Exhibit “D-2”, Exhibit “D-3”, and in Exhibit “D-4”. Fee Schedule rates shall include all work and deliverables, including travel and equipment described in Exhibit “D”, Exhibit “D-1”, Exhibit “D-2”, Exhibit “D-3”, and Exhibit “D-4”, including direct salary costs, employee benefits, and overhead. The City may retain five percent of all periodic or progress payments made to the Consultant until completion and acceptance of all work tasks and City shall have right to withhold payment from Consultant for any unsatisfactory service until such time service is performed satisfactorily.

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Fourth Amendment -4- City of Modesto
State Route 132 West Freeway/Expressway - Phase 1 Project Consultant agrees to accept a sum not to exceed NINE MILLION,

ONE HUNDRED FIFTY-FIVE THOUSAND, NINE
HUNDRED NINETY-SEVEN AND 49/100 DOLLARS
($9,155,997.49) as full remuneration for performing all services and furnishing all staffing and materials called for in Exhibit "A" of the original agreement, “Exhibit A-1 to the First Amendment”, “Exhibit A-2 to the Second Amendment”, “Exhibit A-3 to the Third Amendment”, and “Exhibit A-4 to the Fourth Amendment”, for performance by Consultant of all of its duties and obligations under this Agreement.

A. The method of payment for this contract will be based on lump sum, unless otherwise indicated on Exhibit “D”, “D-1”, “D-2”, “D-3”, or “D-4” of this Agreement. The total lump sum price paid to Consultant will include compensation for all work and deliverables, including travel and equipment described in Exhibit “D,” Exhibit “D-1”, Exhibit “D-2”, Exhibit “D-3”, and Exhibit “D-4” of this contract. The hourly price paid to Consultant will include compensation for all work and
deliverables, including travel and equipment described in Exhibit “D-1”, Exhibit “D-2”, Exhibit “D-3”, and Exhibit “D4” of this contract. No additional compensation will be paid to Consultant, unless there is a change in the scope of the work or the scope of the project. In the instance of a change in the scope of work or scope of the project, adjustment to the total lump sum compensation will be negotiated between Consultant and City. Adjustment in the total lump sum compensation will not be effective until authorized by contract amendment and approved by City.

B. Progress payments may be made monthly in arrears based on the percentage of work completed by Consultant. If Consultant fails to submit the required deliverable items according to the schedule set forth in the Statement of Work, City shall have the right to delay payment or terminate this Contract in accordance with the provisions of Article VI Termination.

C. Consultant shall not commence performance of work or services until this contract has been approved by City and notification to proceed has been issued by City’s Project Manager. No payment will be made prior to approval of any work, or for any work performed prior to approval of this contract.

D. Consultant will be reimbursed, as promptly as fiscal procedures will permit, upon receipt by City’s Project Manager of itemized invoices in triplicate. Invoices shall be submitted no later than 45 calendar days after the performance of work for which DocuSign Envelope ID: C325595C-CFE9-46D6-958C-CD9FE5E0D905 #13..
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Fourth Amendment -5- City of Modesto
State Route 132 West Freeway/Expressway - Phase 1 Project Consultant is billing. Invoices shall detail the work performed on each milestone, on each project as applicable. Invoices shall follow the format stipulated for the Cost Proposal and shall reference the project title as noted elsewhere in this contract.

Final invoice must contain the final cost and all credits due City that include any equipment purchased under the
provisions of section 1.14 Equipment Purchase of this contract.

The final invoice should be submitted within 60-calendar days after completion of Consultant’s work. Invoices shall be mailed to City’s Project Manager at the following address:

Mr. John Rawles, c/o
Community & Economic Development Department
P.O. Box 642
Modesto, CA 95353
(209) 577-5253

6. Except as herein amended or modified, the provisions of the Original Agreement, First Amendment, Second Amendment, and Third Amendment are expressly reaffirmed and remain in full force and effect.

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DocuSign Envelope ID: C325595C-CFE9-46D6-958C-CD9FE5E0D905 504 8th
December
1/27/2021
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SR132 WEST FREEWAY/EXPRESSWAY – PHASE 1
EXHIBIT A-4, TO THE FOURTH AMENDMENT

REVISED SCOPE OF SERVICES
Revised October 8, 2020
The following Scope of Services is for miscellaneous, not-typical, design services requested during construction and for additional design services related right of way support, claim support, and right of way close out surveying. Approximately 2/3rds of these services are pass-through costs through Dokken to sub-consultants for specialty construction support services.

TASK 36 – Melton Olmsted Structure Modifications (HOURLY) Burne Engineering (Burne) will prepare structure modification plans for the industrial building on APN 029-015-008, Melton and Olmsted Enterprises Incorporated. The City has acquired a portion of the existing property. A metal industrial building lies on the portion of the parcel acquired and on the remainder retained by the owner. Burne will prepare plans to remove that portion of the building that lies in the recently acquired project right of way and reface the remainder of the building. Burne will prepare plans, submit the design to the City Building Department, address comments from the City and obtain a City Building Permit.

Dokken will respond to comments from the City stormwater reviewer and provide notes to Burne to be added to the plans to address stormwater management.

Task 37 – Surveying During Construction (HOURLY)
Northstar Engineering will perform survey services during the construction period. These services are to be initiated only upon request by the City and may include any of the following: 1) additional plat maps and legal descriptions necessary for final disposition of parcels, 2) quality assurance surveys to check staking by the Contractor surveyor, 3) staking of final rights of ways or property lines, or other survey support services requested by the City.

Not included in this proposal are the final Record of Survey, Relinquishment Maps, monumentation of the right of way, right of way maps, and monumentation of the alignments. Proper scoping of these services is anticipated to require several meetings and negotiation with Caltrans District 10.

Task 38 – Cathodic Protection (LUMP SUM)
MurraySmith and V&A Consulting Engineers will develop cathodic protection details for the City of Modesto ductile iron pipe waterlines in the roadway and bridge on Rosemore Avenue and Carpenter Road.

MurraySmith:

Project Management: This task is to monitor the progress of the contract, coordinate with staff from Dokken Engineering, coordinate with V&A Engineering, and address issues that may come up in the course of performing the work. It also includes monitoring budgets and progress billing to confirm the project stays within scope and budget.
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SR132 WEST FREEWAY/EXPRESSWAY – PHASE 1
Document Review: Review the contract documents in detail relative to the water pipeline relocation and installation, confirming material selection, connections to existing watermains, material compatibility and overall functionality of the cathodic protection system.

Plans and Specifications: Review the proposed cathodic protection plans and specifications prepared by V&A Engineering and confirm their compatibility with existing and proposed conditions. Make recommendations as required and provide supplementary specifications if necessary for isolation joints. Identify the most suitable locations for cathodic test stations and anodes if necessary.

Prepare an estimated cost of the resulting corrosion protection items.

V&A Consulting Engineers, Inc.

1. Project Management: The objective of this task is to track and execute the project in accordance with the schedule, budget, and quality expectations that are established. This task includes the following project management work activities:
a. Monitor project progress, including work completed, work remaining, budget expended, schedule, estimated cost of work remaining, and estimated cost at completion; manage activities within total project budget.
b. Monitor project activities for potential changes and anticipate changes whenever possible; with approval, modify project tasks, task budgets, and approach to keep the overall project within budget and on schedule.
c. Manage the quality of all work activities and project deliverables.

2. Document Review: Review alignment, geotechnical information, and preliminary plans and specifications for pipeline design.

3. Pipeline Corrosion Control within Bridge Letter: Prepare a letter discussing and recommending corrosion control for the ductile iron water pipelines within the bridge (not exposed to soil). It is understood that this piping will be installed first and, therefore, there is high priority on issuing these recommendations as soon as possible. A draft electronic copy of the report will be submitted for review.

Comments will be incorporated, and a final electronic copy will be provided.

4. In-situ Soil Resistivity Testing: Measure soil resistivity using the Wenner four-electrode method along the proposed alignments. The resistivity testing will be conducted at three locations along Rosemore Avenue and three locations along Carpenter Road to a depth of 20 feet below grade or the proposed pipeline depth, whichever is shallower.

5. Soil Corrosivity Report: Prepare a soil corrosivity report with V&A’s interpretation and analysis of the soil resistivity testing and chemical analysis. The degree of corrosivity of the soil will be discussed with respect to ductile iron pipes. Recommendations will be made for corrosion control of the ductile iron water pipelines. A draft electronic copy of the report will be submitted for review. Comments will be incorporated, and a final electronic copy will be provided.

6. Plans and Specifications: Prepare plans and technical specification Section 13 47 13, “Cathodic Protection,” for the cathodic protection system or Section 13 47 13, “Corrosion Monitoring,” for the #13..
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SR132 WEST FREEWAY/EXPRESSWAY – PHASE 1
corrosion monitoring system, depending on which system is recommended in the Soil Corrosivity Report.

Plans will be prepared in AutoCAD and will be provided in PDF format. Plans and specifications will be prepared for the 100% submittals. One round of comments will be addressed at each submittal.

7. Technical Assistance: Provide up to 8 hours of technical assistance and participation in conference calls, as required.

Task 39 – Groundwater Level Measurements (EACH, LUMP SUM) Aaron’s Well Drilling, Inc (Stackhouse Johns) will perform soundings for groundwater depth at well locations near the project upon authorization from Dokken and written permission from the owner. The cost provided by Aaron’s is $400 for each measurement to be billed to Dokken Engineering in a lump sum amount for each test.

The City will arrange for permission to enter the properties of the well owners.

Task 40 – Site Reviews for ADA Compliance (HOURLY)
Sally Swanson Architects (SSA) will provide on-call ADA access compliance consulting services to the City of Modesto upon request. SSA will be working under the direct authorization of Dokken Engineering.

Services may include but not limited to the following:
• Preliminary review of ADA project scoping.
• On-site or conference construction meeting(s) with project team to resolve difference in design access philosophy as requested.
• Site accessibility survey and report.
• Accessibility plan review.
• Assessing, evaluating and documenting (narrative/report) ADA code compliance issues. • Pre-installation field visit(s) as requested.
• On-site constructability or peer review services to support construction schedule as requested.
• Access compliance plan review of addendum and change order. • Assist project team to resolve any ADA issues may arise in the filed during construction Phase. • Provide interpretation of guidelines and regulations. • Accessibility punch-list walk and report for completed or on-going constructions. • Other ADA technical assistance/consultation via telephone or conference call.

Dokken will assist with coordination of the ADA services and process invoicing and payments for SSA.

Task 41 – Additional As-Needed Design Support (HOURLY)
Dokken Engineering and our subconsultants will provide ongoing design support to the City of Modesto and the Resident Engineer. The survey close-out tasks are anticipated to be performed by Northstar Engineering.

This task may include any of the following work items as requested or as needed:
· Support to the City for Right-of-Way transfers and close out with Caltrans #13..
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SR132 WEST FREEWAY/EXPRESSWAY – PHASE 1
· Property Transfer Deed Legal Descriptions
· Post Construction “After Condition” Record of Survey
· Updated Caltrans Right-of-Way Map
· Relinquishment Support – for meeting with Caltrans, agreement review / support, property exchanges with the Department, preparation of exhibits or mapping · Claim Support – engineering support from the design team to evaluate the merit and or value of potential claims.
· Other as-needed design engineer requests
End of Amendment No. 4.
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DESIGN SUPPORT DURING CONSTRUCTION - ADDITIONAL SUBCONTRACTED TASKS State Route 132 West Freeway/Expressway - Phase 1 Project Exhibit D-4, Revised Fee Schedule
TASK
Matthew Griggs, PE(Project Manager)Juann Ramos, PE Senior Engineer Associate Engineer
Assistant Engineer
Administration/Clerical
PrincipalProject Manager andSr. Technical ArchitectSr. Policy SpecialistSr. Access ConsultantDrafter or Technical StaffClerical $226.20 $183.78 $147.03 $93.31 $70.69 $225.00 $160.00 $185.00 $125.00 $110.00 $75.00 TASK 36 - Melton Olmsted Structure Modification (Hourly) 4 4 8 7,000 $8,187.52 8 $7,000.00 $8,187.52

36.1 Melton Olmsted Structure Modification 4 4 8 7,000 $8,187.52 8 $7,000.00 $8,187.52 TASK 37 - Surveying During Construction (Hourly) 6 3 9 $10,000 $11,094 9 $10,000 $11,094

37.1 Surveying During Construction 6 3 9 $10,000 $11,094 9 $10,000 $11,094 TASK 38 - Cathodic Protection 2 20 16 5 43 $30,600 $35,839 43 $30,600 $35,839

38.1 Design of Cathodic Protection, Dokken (Hourly) 2 20 16 5 43 $5,239 43 $5,239

38.2 Design of Cathodic Protection - Murray Smith (Lump Sum) $30,600 $30,600 - $30,600 $30,600 TASK 39 - Groundwater Level Measurements 2 6 2 10 $2,400 $3,876 10 $2,400 $3,876

39.1 Sounding Coordination & Well Research (Hourly) 2 6 2 10 $1,476 10 $1,476

39.2 Groundwater Soundings (Each, Lump Sum) $2,400 $2,400 - $2,400 $2,400 TASK 40 - Site Reviews for ADA Compliance (Hourly) 4 12 8 8 32 $4,851.89 20 60 40 160 20 20 320 4,800 50,000 352 $4,800 $54,852

40.1 Site Reviews for ADA Compliance 4 12 8 8 32 $4,852 20 60 40 160 20 20 320 4,800 50,000 352 $4,800 $54,852 TASK 41 - Additional Design Support (Hourly) 60 60 400 60 20 600 $100,000 $190,421.53 600 $100,000 $190,422

41.1 Additional As Needed Design Support 60 60 400 60 20 600 $100,000 $190,421.53 600 $100,000 $190,422 TOTAL HOURS 72 72 440 76 42 702 20 60 40 160 20 20 320 1,022 TOTAL COST 16,286$ $ 13,232 $ 64,692 7,091$ $ 2,969 $150,000 $ 254,270 4,500$ 9,600$ 7,400$ 20,000$ 2,200$ 1,500$ 4,800 50,000 $ 154,800 $ 304,270 Total Hours Total Cost Direct CostsGRAND TOTAL - TOTAL
COSTS

GRAND TOTAL - DIRECT
COSTS
SALLEY SWANSON ARCHITECTS INC.

GRAND TOTAL - HOURS
Total Hours Total Costs Direct Costs
October 8, 2020

DOKKEN TOTALS
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SR132 WEST FREEWAY/EXPRESSWAY – PHASE 1
EXHIBIT A-5, TO THE FIFTH AMENDMENT

REVISED SCOPE OF SERVICES
Revised February 16, 2022
This amendment includes additional design services outside the scope of work of the Phase 1 project.

These additional services are requested by the City to support public and MID requests for additional project features.

TASK 30.6 – Pedestrian Enhancements at Carpenter / Elm Intersection (HOURLY) There are four parts to this task: 1) meeting and preparing exhibits to establish the approved course(s) of action, 2) preparing plans for the restriping of southbound Carpenter Road, 3) preparing plans and quantities for design improvements to the Carpenter Road / Elm Avenue Intersection and 4) reviewing shop drawings for a new hybrid beacon.

Dokken will prepare an exhibit to assist the City in reaching consensus on the improvements to be made and attend meetings as needed to develop the change order plans.

Dokken will prepare change order plans and quantities to implement a restriping concept for Carpenter Road per the concept design prepared by the City of Modesto. This restriping concept may contain elements such as removal of the Carpenter Road median and the addition of sidewalk to the west side of the bridge.

Dokken will further prepare plans and quantities for improvements to the Carpenter Road / Elm Avenue intersection to improve pedestrian safety to and from neighborhoods along Elm Avenue and Shirley Court west of Carpenter Road. The improvements will include the following:
1) Overhead pedestrian activated hybrid beacon over the Carpenter Road crosswalk 2) Asphalt concrete landing pad and walking path along Elm Avenue from Carpenter Road to Shirley Court
3) New crosswalk across Elm Ave to Shirley Court
4) New concrete curb ramp at the southwest corner of Elm Ave / Shirley Court 5) Revised striping for Carpenter Road crosswalk, signing and advance striping for the hybrid beacon 6) Arrange for electrical signal connection to tie into the existing Elm Ave streetlight circuit Assumptions:
1) Electrical power for the hybrid beacon will come from the City lighting circuit on Elm Avenue and no new service connection to MID will be required.
2) No survey or ROW services are needed.

Task 30.7 – MID / Wagner Road Extension (HOURLY)
Dokken will participate in negotiations with the City, MID, Wagner representatives, and Caltrans to support resolution of a expanded design for the Wagner / MID access road. Participation will include site visits, meetings, the preparation of exhibits, surveys, plans to accommodate the desired access within areas inside and outside the existing MID easements, all while considering orchard operations. #13..
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SR132 WEST FREEWAY/EXPRESSWAY – PHASE 1
Dokken will design an additional 1,100-foot segment of the MID / Wagner Road from North Dakota to MID Tower #103. Dokken will design truck turn-around at Tower #103 and ingress /egress from the access road onto N. Dakota and eastbound SR-132. The new access road segment will be 12’ wide in a 16’ ROW, fenced on both sides.

Northstar will stake the existing toe of the proposed MID access roadway, survey the elevations of the existing road and prepare a plat map and legal description for transfer of the 16-foot section in fee or easement from the City to MID.

Dokken will detail the removal and reconstruction of the existing access road from Tower #103 to the tower near the City’s 54” sewer truck line. The design will show removal of the 16-foot access road and construction of a new low-profile 20-foot access road for 5,400 feet.

Assumption:
1) City legal consultant will handle obtaining signature and recording of the right of way transfer with the completion of the agreement.

End of Amendment No. 5.
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DESIGN SUPPORT DURING CONSTRUCTION - ADDITIONAL DESIGN TASKS State Route 132 West Freeway/Expressway - Phase 1 Project Exhibit D-5, Revised Fee Schedule
TASK Matthew Griggs, PE (Project Manager) Richard Sanders, PE (Roadway PE) Joe Ostdiek, PE, TE (Senior Traffic Engineer) Ashley Orsaba-Finders, PE (Senior Engineer) A. Konieczka, E. Espinoza, F. Enriquez, (PE, Senior Engineers) Martin Maechler, PE (Senior Engineer) Associate Engineer Assistant Engineer Right of Way Manager Right of Way Specialist Environmental Manager Senior Environmental Planner Senior CADD/Detailer Engineering Technician Administration/Clerical $254.47 $155.51 $189.44 $180.96 $172.47 $220.54 $155.51 $113.10 $183.78 $147.03 $212.06 $152.68 $169.65 $84.82 $98.96 TASK 30 - REQUESTS FOR INFORMATION 44.00 172.00 40.00 24.00 20.00 200.00 15.00 12.00 527.00 $10,443.45 $89,227.24

30.6 Pedestrian Enhancements at Carpenter / Elm Intersection 20.00 64.00 40.00 12.00 20.00 80.00 4.00 6.00 246.00 $2,409.52 $40,438.59

30.7 MID / Wagner Road Extension 24.00 108.00 12.00 120.00 11.00 6.00 281.00 $8,033.93 $48,788.65 -
TOTAL HOURS 44.00 172.00 40.00 24.00 20.00 200.00 15.00 12.00 527.00 TOTAL COST $ 11,197 $ 26,748 $ 7,578 $ - $ 4,139 $ - $ 3,110 $ 22,620 $ - $ 2,205 $ - $ - $ - $ - $ 1,188 $ 10,443 $ 89,227 2/16/2022, Revised

DOKKEN TOTALS GRAND TOTAL - HOURS GRAND TOTAL - DIRECT COSTS GRAND TOTAL - TOTAL COSTS #13..
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CITY OF MODESTO

COUNCIL AGENDA REPORT
DATE OF MEETING:

August 23, 2022
Date: July 27, 2022
TO: Mayor and City Council
THROUGH: Joseph P. Lopez, City Manager
FROM: Jaylen French, Director of Community & Economic Development SUBJECT: Will Serve Letter and Outside Service Agreement to connect to the City of Modesto’s existing sewer system for the property located at 1420 Elsie Street in Modesto
CONTACT: Toby Wells, City Engineer, [email protected], 571-5542 DESCRIPTION:

Consider approving a Will Serve Letter and Outside Service Agreement for Sewer Service for the property located at 1420 Elsie Street (APN: 037-030-059). (Funding Sources: Sewer Fund, General Fund)
STRATEGIC PLAN ELEMENT:

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

BACKGROUND:

Jose Orozco Sandoval owns a property located at, 1420 Elsie Street, which is outside the City’s boundaries but is within Modesto’s sphere of influence. There was an existing structure on the property with a septic tank that has been demolished. The property is vacant at this time. The developer is proposing to construct a new house on this lot. Mr. Orozco, has submitted an application requesting new sewer connection to serve the new house.

DISCUSSION:

On May 22, 2012, by Resolution Nos. 2012-202 and 203, Council approved amending City Council Policy 5.001 and 5.002 relating to water and sewer service connections into unincorporated areas. On June 5, 2012, the Council approved final adoption of Ordinance No. 3566-C.S. and 3567-C.S. amending City of Modesto Municipal Code Section 11-1.05.

Both of these amendments included language which required that the City Manager, upon the recommendation of the Director responsible for utility system planning, request City Council approval for all extensions of water services into unincorporated areas.

On November 25, 2014, Council approved Resolution No. 2014-473 amending City Council Policy 5.002. On December 9, 2014, the Council approved adoption of Ordinance No. 3612- C.S. amending City Municipal Code Section 11-1.05. Both of these amendments included #14..
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City Council, August 23, 2022
Will Serve Letter and Outside Service Agreement to connect to the City of Modesto’s existing sewer system for the property located at 1420 Elsie Street in Modesto