Agenda packet — Modesto City Council, November 1, 2022 (part 2 of 3)

DISCUSSION:

Each dispensary open for business is inspected by the City’s Cannabis consultant, currently HdL, on an annual basis. On-site compliance inspections are conducted to ensure businesses are operating in compliance with Modesto’s Commercial Cannabis Ordinance in addition to compliance with State law. Additionally, the City conducts annual financial audits to ensure the cannabis business taxes that each dispensary reports and remits to the City for the examination period follows the Modesto Municipal Code and are accurate.

Based on the City’s inspections and audits, all eight (8) businesses are/were operating in compliance with City code and state law. Inspections and financial exams have revealed minor areas that can be addressed, including submittal of updated floor plans, repositioning of a camera, or making a modification to the Point of Sale System (POS). All remedial recommendations provided were duly executed by the businesses and no further issues were noted during the 2022 inspection cycle.

Of the eight (8) permitted dispensaries, Doctor’s Choice is the only dispensary not currently in operation due to circumstances surrounding their previous lease. Doctor’s Choice submitted a request to relocate their dispensary to the City in 2021. Staff reviewed all relevant documentation and found that Doctor’s Choice was in full compliance with the terms and conditions of their permit. The Dispensary relocation request was heard and forwarded onto the City Council by the Cannabis Program and Permit Review Committee on October 13, 2002, and was approved by the City Council on October 25, 2022.

The dispensary permits are set to expire on December 19, 2022. City staff has concluded that an extension of the permits is necessary to better align the renewal period with the annual audits and inspections of the commercial cannabis retail businesses. The proposed extension will run until June 30, 2023. The two-year renewal timeframe will take effect thereafter.

FISCAL IMPACT:

The annual permit fee is currently set at $18,732, which covers costs related to the administration and monitoring of the cannabis permits. The City Council on December 4, 2018, also approved the implementation of the cannabis excise tax at a maximum rate of 10%, with the current rate being set at 8% of gross receipts. Additionally, there is no change in fiscal impact by extending the dispensary permits to June 30, 2023.

COMMITTEE RECOMMENDATION:

This item was not considered by a Committee.

RECOMMENDED COUNCIL ACTION:

Staff Recommendations:

Resolution approving the extension of the eight (8) Commercial Cannabis Retail Permits for dispensaries in the City from December 19, 2022 to June 30, 2023 and thus adjusting the twoyear renewal period from a calendar year to a fiscal year which runs from July to June.

Approved by:

Jaylen French,
Director of Community and Economic Development
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City Council, November 1, 2022
Commercial Cannabis Retail Permit Extensions

Page 3 of 3 ends

Joseph P. Lopez, City Manager
Attachments:

1. Resolution
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1 MODESTO CITY COUNCIL
RESOLUTION NO. 2022-
RESOLUTION APPROVING THE EXTENSION OF THE EIGHT (8)

COMMERCIAL CANNABIS RETAIL PERMITS FOR DISPENSARIES IN THE CITY FROM DECEMBER 19, 2022 TO JUNE 30, 2023 AND THUS ADJUSTING

THE TWO-YEAR RENEWAL PERIOD FROM A CALENDAR YEAR TO A
FISCAL YEAR WHICH RUNS FROM JULY TO JUNE.

WHEREAS, the City Council has adopted a Commercial Cannabis Ordinance, Ordinance 3684-C.S., that established the City’s regulatory framework for commercial cannabis uses; and
WHEREAS, under Section 10-3.704(b) of the Ordinance, the City Council via Resolution 2017-525 established the total number of commercial cannabis permits issued by the City for cannabis dispensaries at a maximum of ten (10) permits; and WHEREAS, under Section 10-3.704(g) and City Council Resolution 2017-525, the City Manager designed the application forms and procedures for commercial cannabis dispensary renewal permits, with input from the City Council Ad Hoc Cannabis Committee; and
WHEREAS, City Council via Resolution 2018-566 issued commercial cannabis permits to the following dispensary businesses:
 CR & D, Inc. 439 Maze Blvd.
 Authentic 209 426 McHenry Ave.
 Cookies 1944 W. Orangeburg Ave.
 People's Remedy - McHenry 2308 McHenry Ave.
 People’s Remedy- Planet 8ths 500 E. Glenn Ave.
 Doctor's Choice 2039 Yosemite Ave.
 Phenos Cooperative 1234 McHenry Ave.
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2  Medallion Wellness 1313 McHenry Ave.
; and
WHEREAS, Modesto Municipal Code 10-3.704(f)(5) states that cannabis permits are valid for two years from the date of City Council approval, and that therefore the above-listed permits were set to expire on December 19, 2020, unless renewed; and WHEREAS, all five of the above-listed dispensaries successfully opened within 18 months of permit issuance; and
WHEREAS, City Council via resolution 2020-485 through 2020-489 approved the permit renewals for the above listed dispensaries which are set to expire on December 19, 2022, unless renewed; and
WHEREAS, the City has conducted annual inspections and an audit of seven dispensaries currently in operation, and have determined that all seven dispensaries are operating in accordance with State law and the Modesto Municipal Code; and WHEREAS, Doctor’s Choice requested relocation of the business from 2039 Yosemite Ave. to 121 Phoenix Ave. on November 8, 2021; and WHEREAS, the relocation request was heard at a properly noticed public hearing of the Cannabis Program and Permit Review Committee on October 13, 2022 with the committee recommending to forward to Council for approval of the relocation and the granting of a residential proximity waiver; and
WHEREAS, the relocation of Doctor’s Choice was considered by the Council of the City of Modesto on October 25th, 2022 and approved via resolution 2022-XXX; and WHEREAS, an extension of the current renewal period from December 19, 2022 to June 30, 2023 is necessary to better align the commercial cannabis retail permits with #8..
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3 the annual inspections and audits as well as to mirror the City of Modesto’s fiscal year which runs from July 1st to June 30th.

NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Modesto that pursuant to Modesto Municipal Code Section 10-3.704(f), an extension of eight (8) commercial cannabis retail dispensary permits for dispensaries at various locations in the city to June 30, 2023 is approved and the commercial cannabis retail dispensary permit two-year renewal period is adjusted from a calendar year to corresponding with the City of Modesto’s fiscal year:
 CR & D, Inc. 439 Maze Blvd.
 Authentic 209 426 McHenry Ave.
 Cookies 1944 W. Orangeburg Ave.
 People's Remedy - McHenry 2308 McHenry Ave.
 People’s Remedy- Planet 8ths 500 E. Glenn Ave.
 Doctor's Choice 121 Phoenix Ave.
 Phenos Cooperative 1234 McHenry Ave.
 Medallion Wellness 1313 McHenry Ave.

The foregoing resolution was introduced at a regular meeting of the Council of the City of Modesto held on the 1st day of November, 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:
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4 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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CITY OF MODESTO

COUNCIL AGENDA REPORT
DATE OF MEETING:

November 1, 2022
Date: October 5, 2022
TO: Mayor and City Council
THROUGH: Joseph P. Lopez, City Manager
FROM: William Wong, Director of Utilities
SUBJECT: Grant of Easement to Pacific Gas and Electric Company for Grayson Well 69 CONTACT: Miguel Alvarez, Associate Engineer, [email protected], 209-577-5348 DESCRIPTION:

Consider approving the grant of a Permanent Utility Easement to Pacific Gas and Electric Company (PG&E) for electrical facilities within the Grayson Well 69 Project area, located at 1840 Mary Street, Grayson, CA 95363, APN: 016-034-015, owned by the City of Modesto. (Funding Source: Water Fund)
STRATEGIC PLAN ELEMENT:

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

BACKGROUND:

The Grayson water service area was acquired from the Del Este Water Company in 1995 as part of the overall acquisition of Del Este’s water system. The City now operates and maintains two wells and storage Tank 9 in the outlying service area of Grayson. Elevated nitrate concentrations have been a problem at Well 274, and the water requires treatment for nitrate removal at the Well 295/Tank 9 site. A feasibility study completed in January 2015, addressed nitrate concentrations in Well 274 and recommended a replacement well, because the current well is relatively shallow and was installed in 1967.

On November 24, 2015, by Resolution No. 2015-454, Council accepted a 9,945 square foot site from Stanislaus County, expanding the Well 274 site in order to drill a replacement well.

On March 22, 2016, by Resolution No. 2016-116, Council approved an agreement with Kleinfelder, Inc. to provide a geophysical investigation of the site. The results of the geophysical investigation determined that a production zone of approximately 270-340 feet below ground surface could potentially produce 400-500 gallons per minute, which would be suitable for a replacement well.
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City Council, November 1, 2022
Grant of Easement to Pacific Gas and Electric Company for Grayson Well 69

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

On January 23, 2018 by Resolution No. 2018-46, Council awarded a construction contract to Maggiora Bros. for the Grayson Replacement Well 274 Project which constructed the subsurface improvements.

During the drilling of Well 274, staff was informed by the Department of Water Resources that well number 274 could not be re-used. New well numbers are required for replacement wells; therefore, the project became known as Grayson Well 69 (Replacing Well 274).

On May 7, 2019, by Resolution No. 2019-234, Council accepted the Well 274 (subsurface improvements) Project as complete.

On July 14, 2020, by Resolution No. 2020-312, Council accepted a 4,137 square foot site from Stanislaus County, expanding the Well Site to accommodate a future tank, booster pump and treatment system for the new well.

On October 6, 2020, by Resolution No. 2020-413, Council approved an agreement with Hazen and Sawyer for Engineering Services During Construction for the Grayson Well 69 (Replacing Well 274) Project.

On December 7, 2021, by Resolution No. 2021-473, Council awarded a construction contract to W.M. Lyles Co. for the Grayson Well 69 (Replacing Well 274) Project.

This portion of the project will construct the remaining above-ground portion of the Grayson Well 69 project improvements.

DISCUSSION:

The City’s contractor, W.M. Lyles Co., is currently constructing site improvements for the Grayson Well 69 production well. PG&E is requesting an easement prior to the installation of electrical facilities to service the well. PG&E indicated to the City that in order for the well to receive power, an easement must be created to allow PG&E to service their facilities in the future.

The City and PG&E are mutually interested in resolving this discrepancy, which will additionally further the City’s interests as it pertains to providing power to the new municipal well located in Grayson.

FISCAL IMPACT:

There is no cost impact to the City associated with granting the Permanent Utility Easement.

COMMITTEE RECOMMENDATION:

This project was considered by the Finance Committee on November 22, 2021 and was approved by Council on December 7, 2021 by Resolution No. 2021-473. #9..
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City Council, November 1, 2022
Grant of Easement to Pacific Gas and Electric Company for Grayson Well 69

Page 3 of 3 ends

RECOMMENDED COUNCIL ACTION:

Staff Recommendations:

Resolution approving the grant of a Permanent Utility Easement to Pacific Gas and Electric Company for electrical facilities within the Grayson Well 69 Project area, located at 1840 Mary Street, Grayson, CA 95363, APN: 016-034-015, owned by the City of Modesto and authorizing the City Manager or his designee to execute the grant of easement and all related documents.

Approved by:

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

1. Resolution

2. Grant of Easement to Pacific Gas & Electric Company
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2022-XXX

MODESTO CITY COUNCIL
RESOLUTION NO. 2022-

RESOLUTION APPROVING THE GRANT OF A PERMANENT UTILITY EASEMENT

TO PACIFIC GAS AND ELECTRIC COMPANY FOR ELECTRICAL FACILITIES WITHIN THE GRAYSON WELL 69 PROJECT AREA, LOCATED AT 1840 MARY STREET, GRAYSON, CA 95363, APN: 016-034-015, OWNED BY THE CITY OF

MODESTO AND AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO

EXECUTE THE GRANT OF EASEMENT AND ALL RELATED DOCUMENTS WHEREAS, the City’s contractor, W.M. Lyles Co, is currently constructing site improvements for the Grayson Well 69 production well, replacing Well 274; and WHEREAS, Pacific Gas & Electric Company (PG&E) is requesting an easement prior to the installation of electrical facilities to service the well; and WHEREAS, PG&E indicated to the City that in order for the well to receive power, an easement must be created to allow PG&E to service their facilities in the future; and
WHEREAS, the City and PG&E are mutually interested in resolving this discrepancy, which will additionally further the City’s interests as it pertains to providing power to the new municipal well located in Grayson.

NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Modesto that it hereby approves the Grant of a Permanent Utility Easement to Pacific Gas and Electric Company for electrical facilities within the Grayson Well 69 Project Area, located at 1840 Mary Street, Grayson, CA 95363, APN: 016-034-015, owned by the City of Modesto.

BE IT FURTHER RESOLVED that the City Manager, or his designee, is hereby authorized to execute the grant of easement documents for the Permanent Utility Easement on behalf of the City of Modesto.
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2022-XXX
The foregoing resolution was introduced at a regular meeting of the Council of the City of Modesto held on the 1st day of November 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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2022-XXX
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Utility Distribution Easement (02/2020)
RECORDING REQUESTED BY AND RETURN TO:

PACIFIC GAS AND ELECTRIC COMPANY
245 Market Street, N10A, Room 1015
P.O. Box 770000
San Francisco, California 94177
Location: City/Uninc______________________
Recording Fee $_____________________________
Document Transfer Tax $ __________
[ ] This is a conveyance where the consideration and
Value is less than $100.00 (R&T 11911).
[ ] Computed on Full Value of Property Conveyed, or
[ ] Computed on Full Value Less Liens
& Encumbrances Remaining at Time of Sale
[ ] Exempt from the fee per GC 27388.1 (a) (2); This
document is subject to Documentary Transfer Tax

Signature of declarant or agent determining tax
(SPACE ABOVE FOR RECORDER'S USE ONLY)
LD# 2204-07-10006 EASEMENT DEED

CITY OF MODESTO,
hereinafter called Grantor, hereby grants to PACIFIC GAS AND ELECTRIC COMPANY, a California corporation, hereinafter called Grantee, the right from time to time to excavate for, construct, reconstruct, replace (of initial or any other size), remove, maintain, inspect, and use facilities and associated equipment for public utility purposes, including, but not limited to electric, gas, and communication facilities, together with a right of way therefor, on, over, and under the easement area as hereinafter set forth, and also ingress thereto and egress therefrom, over and across the lands of Grantor situated in the unincorporated area of the County of Stanislaus, State of California, described as follows:
(APN 016-034-015)
Three parcels of land (a) the first described and designated Parcel Four in the deed from Del Este Properties, Successor in interest to Del Este Water Company to Grantor, dated July 30, 2001 and recorded as Document No.2001-0097164, Stanislaus County Records; (b) the second described in the deed from The County of Stanislaus to Grantor dated October 21, 2015 and recorded as Document No. 2015-0096392, Stanislaus County Records; and (c) the third described in the deed from The County of Stanislaus to Grantor dated May 27, 2020 and recorded as Document No. 2020-0072525, Stanislaus County Records.

The easement area is described as follows:

The strips of land of the uniform width of 10 feet lying 5 feet on each side of the alignment of the facilities as initially installed hereunder; and the parcel of land of the uniform width and length of 14 feet centered on the facilities as initially installed hereunder. The approximate locations of said facilities are shown upon the print of Grantee’s Drawing No. 35321972 attached hereto and made a part hereof. #9..
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Utility Distribution Easement (02/2020)
Grantee agrees that on receiving a request in writing, it will survey, prepare and record a “Notice of Final Description” referring to this instrument and setting forth a description of said strips of land.” Grantor further grants to Grantee the right, from time to time, to trim or to cut down, without Grantee paying compensation, any and all trees and brush now or hereafter within said easement area, and shall have the further right, from time to time, to trim and cut down trees and brush along each side of said easement area which now or hereafter in the opinion of Grantee may interfere with or be a hazard to the facilities installed hereunder, or as Grantee deems necessary to comply with applicable state or federal regulations.

Grantor also grants to Grantee the right to use such portion of said lands contiguous to said easement area as may be reasonably necessary in connection with the excavation, construction, reconstruction, replacement, removal, maintenance and inspection of said facilities.

Grantor hereby covenants and agrees not to place or construct, nor allow a third party to place or construct, any building or other structure, or store flammable substances, or drill or operate any well, or construct any reservoir or other obstruction within said easement area, or diminish or substantially add to the ground level within said easement area, or construct any fences that will interfere with the maintenance and operation of said facilities.

Grantor further grants to Grantee the right to apportion to another public utility (as defined in Section 216 of the California Public Utilities Code) the right to excavate for, construct, reconstruct, replace, remove, maintain, inspect, and use the communications facilities within said easement area including ingress thereto and egress therefrom.

Grantor acknowledges that they have read the “Grant of Easement Disclosure Statement”, Exhibit “A”, attached hereto and made a part hereof.

The legal description herein, or the map attached hereto, defining the location of this utility distribution easement, was prepared by Grantee pursuant to Section 8730 (c) of the Business and Professions Code.

The provisions hereof shall inure to the benefit of and bind the successors and assigns of the respective parties hereto, and all covenants shall apply to and run with the land.

Dated: __________________, _______.

CITY OF MODESTO
By____________________________________
Name
Title
By____________________________________
Name
Title
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Applicant:

SECTION TOWNSHIP RANGE

PLAT MAP

REFERENCES

MERIDIAN

SCALE DATE
PG&E DIVISION AUTHORIZ DRAWING NO.

COUNTY OF: STANISLAUS
NTS 8-26-2022
MDB&M
YOSEMITE 122263215 35321972

WIDE UTILITY EASEMENT
LEGEND:
- GRANTOR'S PROPERTY LINE
- APPROX. LOCATION OF 10FT
- PROPOSED ELEC. SERVICE
- ELECTRIC TRANSFORMER
- NEW ELECTRIC METER
14' X 14' PG&E PROPOSED

PARCEL EASEMENT
- NEIGHBORING PARCEL LINE

NTS - NOT TO SCALE

SCR - STANISLAUS COUNTY RECORDS ALL BOUNDARIES OR LINES

COURSES EXTEND TO OR ALONG

UNLESS OTHERWISE SHOWN ALL
North
C
H
ARLE
S
S
T

MARY ST
APN: 016-034-012
PER 4 PM 103, SCR

PORTION OF PARCEL B
DOC NO. 2002-0128836

COUNTY OF STANISLAUS

UTILITY EASEMENT-CITY OF MODESTO

MIGUEL ALVEREZ
CITY OF: PATTERSON
ELECTRIC PLAT. DD1318
(26) (4S) (7E)
20'
7 8'
- EXIST OVERHEAD ELECTRIC LINE
- EXIST JOINT UTILITY POLE
- EXIST GUY ANCHOR
LD#: 2204-07-0113

EXIST PG&E POLE LINE EASEMENT

RANCHO EL PESCADERO
LD#: 2204-07-0113
NOTE:

T4S, R7E, MDB&M
SECTION 26
NW 1/4 OF NW 1/4
SW 1/4 OF NW 1/4 &

WESTGRAYSON ROAD
LD #2204-07-10006
F.B.: DR.BY: CXVE CH.BY: PRFB
APN: 016-034-005
PER 4 PM 103, SCR

PARCEL A
FENCE
EXIST

STANISLAUS COUNTY RECORDS
GRANT DEED 2020-0072525
15' STRIP PER
APN: 016-034-015
RESOLUTION NO. 2020-0203

STANISLAUS COUNTY BOARD OF SUPERVISORS
DOC No. 2020-0072525, SCR
DOC. No. 2015-0096392, SCR
PARCEL FOUR PER DOC. No. 2001-0097164, SCR

CITY OF MODESTO
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Utility Distribution Easement (02/2020)
State of California
County of )
On __________________________, before me, Notary Public,

Insert name
personally appeared
,
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.

I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.

WITNESS my hand and official seal.
(Seal)
Signature of Notary Public

CAPACITY CLAIMED BY SIGNER
[ ] Individual(s) signing for oneself/themselves
[ ] Corporate Officer(s) of the above named corporation(s) [ ] Trustee(s) of the above named Trust(s)
[ ] Partner(s) of the above named Partnership(s)
[ ] Attorney(s)-in-Fact of the above named Principal(s) [ ] Other
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.
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Utility Distribution Easement (02/2020)
Pacific Gas and Electric Company
EXHIBIT “A”

GRANT OF EASEMENT DISCLOSURE STATEMENT
This Disclosure Statement will assist you in evaluating the request for granting an easement to Pacific Gas and Electric Company (PG&E) to accommodate a utility service extension to PG&E’s applicant. Please read this disclosure carefully before signing the Grant of Easement.
 You are under no obligation or threat of condemnation by PG&E to grant this easement.  The granting of this easement is an accommodation to PG&E’s applicant requesting the extension of PG&E utility facilities to the applicant’s property or project. Because this easement is an accommodation for a service extension to a single customer or group of customers, PG&E is not authorized to purchase any such easement.
 By granting this easement to PG&E, the easement area may be used to serve additional customers in the area and may be used to install additional utility facilities. Installation of any proposed facilities outside of this easement area will require an additional easement.  Removal and/or pruning of trees or other vegetation on your property may be necessary for the installation of PG&E facilities. You have the option of having PG&E’s contractors perform this work on your property, if available, or granting permission to PG&E’s applicant or the applicant’s contractor to perform this work.

Additionally, in order to comply with California fire laws and safety orders, PG&E or its contractors will periodically perform vegetation maintenance activities on your property as provided for in this grant of easement in order to maintain proper clearances from energized electric lines or other facilities.  The description of the easement location where PG&E utility facilities are to be installed across your property must be satisfactory to you.
 The California Public Utilities Commission has authorized PG&E’s applicant to perform the installation of certain utility facilities for utility service. In addition to granting this easement to PG&E, your consent may be requested by the applicant, or applicant’s contractor, to work on your property. Upon completion of the applicant’s installation, the utility facilities will be inspected by PG&E. When the facility installation is determined to be acceptable the facilities will be conveyed to PG&E by its applicant.

By signing the Grant of Easement, you are acknowledging that you have read this disclosure and understand that you are voluntarily granting the easement to PG&E. Please return the signed and notarized Grant of Easement with this Disclosure Statement attached to PG&E. The duplicate copy of the Grant of Easement and this Disclosure Statement is for your records.
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Utility Distribution Easement (02/2020)
Attach to LD: 2204-07-10006
Area, Region or Location: Area 5, Yosemite
Land Service Office: Fresno
Line of Business: Electric Distribution (43)
Business Doc Type: Easements
MTRSQ: (22.04.07.26.44, 22.04.07.26.43) RANCHO EL PESCADERO FERC License Number: N/A
PG&E Drawing Number: 35321972
Plat No.: Electric Plat. DD1318
LD of Affected Documents: N/A
LD of Cross Referenced Documents: 2204-07-0113
Type of interest: Electric Underground Easements (4), Utility Easement (86) SBE Parcel: N/A
% Being Quitclaimed: N/A
Order or PM: 35321972
JCN: N/A
County: Stanislaus
Utility Notice Number: N/A
851 Approval Application No: N/A ;Decision: N/A
Prepared By: CXVE
Checked By: PRFB
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CITY OF MODESTO

COUNCIL AGENDA REPORT
DATE OF MEETING:

November 1, 2022
Date: October 6, 2022
TO: Mayor and City Council
THROUGH: Joseph P. Lopez, City Manager
FROM: William Wong, Director of Utilities
SUBJECT: First Amendment to the Purchase Agreement with Muniquip CONTACT: Monte Hamilton, Plant Maintenance Superintendent, [email protected], 209-342-4505
DESCRIPTION:

Consider approving the First Amendment with Muniquip Inc., Roseville, CA, for the purchase of Wemco/Hidrostal pump parts and/or electrical components, to a revised total amount not to exceed $250,237 over five years. (Funding Source: Sewer and Stormwater Fund) STRATEGIC PLAN ELEMENT:

BACKGROUND:

The City of Modesto, Utilities Department, Wastewater Division utilizes the hidrostal pumps at thirty sanitary sewer/storm sewer lift stations throughout the City. The hidrostal pump design has proven to be robust and reliable. The design allows grease and debris to be removed from collection stations without the need for crew intervention, has saved money, and increased efficiency. The majority of these pumps have been installed in the sanitary sewer system.

The previous Annual Agreement No. 98949 expired on May 31, 2020. The Agreement was in place for one year, with three (3) one-year extension options for a total of four years, with a total amount of $45,000 over four years.

On September 28, 2021, by Resolution No. 2021-378, Council authorized a Sole Source Purchase Agreement with Muniquip for Wemco/Hidrostal pump parts and/or electrical components for a two-year Agreement with three (3) one-year extension options, for an estimated annual amount of $16,000, and a total amount not to exceed $80,000 over five years. #10..
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City Council, November 1 2022
First Amendment to the Purchase Agreement with Muniquip

Page 2 of 3 ends

DISCUSSION:

In order to avoid purchasing replacement pumps, the Wastewater Division is procuring kits for preventative and predictive maintenance. Replacement parts for these types of pumps has significantly increased, since the current Agreement was put in place. Within nine months of establishing the new five-year Agreement, expenses have totaled $29,280, almost the total amount allocated for the first two years of the Agreement.

Due to the significant increase in replacement costs, an amendment is needed to increase the annual amount of this Agreement by $30,000, from $16,000, for a new estimated annual amount of $46,000 for a new total amount not to exceed $250,237 over five years.

FISCAL IMPACTS:

Expenditures over previous fiscal years for pump parts and/or electrical components are listed below:

Fiscal Year Total
FY 16/17 $17,617
FY 17/18 $4,504
FY 18/19 $7,446
FY 19/20 $12,798
FY 20/21 0
FY 21/22 $29,280
Grand Total $71,645
Based on current expenditures, and the increasing need for replacement parts for these types of pumps, an amendment is needed to increase the annual amount of this Agreement by $30,000, from $16,000, for a new estimated annual amount of $46,000 for years one and two with an estimated annual Consumer Price Index (CPI) increase of 7% for years three through five for a new total amount not to exceed $250,237 over five years.

Year Current Increase 7% CPI New
Amount
One $16,000 $30,000 0 $46,000
Two $16,000 $30,000 0 $46,000
Three $16,000 $30,000 $3,220 $49,220
Four $16,000 $30,000 $3,445 $52,665
Five $16,000 $30,000 $3,687 $56,352
Total Amount Not to Exceed $250,237
Funds to cover the costs associated with this Agreement will be budgeted annually in the Sewer and Stormwater funds.

COMMITTEE RECOMMENDATION:

This item was considered by the Economic Development Committee at the October 3, 2022 meeting and was recommended to forward to Council for approval. #10..
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City Council, November 1 2022
First Amendment to the Purchase Agreement with Muniquip

Page 3 of 3 ends

RECOMMENDED COUNCIL ACTION:

Staff Recommendations:

Resolution approving the First Amendment increasing the Agreement amount with Muniquip Inc., Roseville, CA, for the purchase of Wemco/Hidrostal pump parts and/or electrical components by $170,237 from $80,000, for a new total amount not to exceed $250,237 over five years and authorizing the Director of Finance or her designee, to execute the Amendment.

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

1. Resolution

2. First Amendment

3. Agreement No. 207114
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MODESTO CITY COUNCIL
RESOLUTION NO. 2022-

RESOLUTION APPROVING THE FIRST AMENDMENT INCREASING THE AGREEMENT AMOUNT WITH MUNIQUIP INC., ROSEVILLE, CA, FOR THE

PURCHASE OF WEMCO/HIDROSTAL PUMP PARTS AND/OR ELECTRICAL COMPONENTS BY $170,237 FROM $80,000, FOR A NEW TOTAL AMOUNT NOT TO EXCEED $250,237 OVER FIVE YEARS AND AUTHORIZING THE

DIRECTOR OF FINANCE OR HER DESIGNEE, TO EXECUTE THE
AMENDEMNT.

WHEREAS, the City of Modesto, Utilities Department, Wastewater Division utilizes the hidrostal pumps at thirty sanitary sewer/storm sewer lift stations throughout the City. The hidrostal pump design has proven to be robust and reliable; and WHEREAS, the majority of these pumps have been installed in the sanitary sewer system; and
WHEREAS, On September 28, 2021, by Resolution No. 2021-378, Council authorized a Sole Source Purchase Agreement with Muniquip for Wemco/Hidrostal pump parts and/or electrical components for a two-year agreement with three (3) one-year extension options, for an estimated annual amount of $16,000, and a total amount not to exceed $80,000 over five years; and
WHEREAS, during the term of the current agreement, it has been determined that the initial requested amount for the Wastewater Division was underestimated due to price increases of needed replacement parts; and
WHEREAS, an amendment is needed to increase the annual amount of this agreement by $30,000, from $16,000, for a new estimated annual amount of $46,000, with an estimated annual Consumer Price Index (CPI) increase of 7% for years three through five for a new total amount not to exceed $250,237 over five years.

NOW THEREFORE, BE IT RESOLVED by the Council of the City of Modesto #10..
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that it hereby approves a First Amendment to the agreement with Muniquip Inc., Roseville, CA, for the purchase of Wemco/Hidrostal pump parts and/or electrical components by $170,237 from $80,000, for a new total amount not to exceed $250,237 over five years and authorizing the Director of Finance or her designee, to execute the amendment.

BE IT FURTHER RESOLVED that the Director of Finance, or her designee, is hereby authorized to execute the 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 1st day of November, 2022, by Councilmember ?, who moved its adoption, which motion being duly seconded by Councilmember ?, was upon roll call carried and the resolution adopted by the following vote:

AYES: Councilmembers:

NOES: Councilmembers:

ABSENT: Councilmembers:

Attest:

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

By:

JOSE M. SANCHEZ, City Attorney
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1 FIRST AMENDMENT TO PURCHASE AGREEMENT

FOR WEMCO/HIDROSTAL PUMP PARTS AND/OR ELECTRICAL COMPONENTS MUNIQUIP INC.

This FIRST AMENDMENT to the PURCHASE AGREEMENT, made and entered into in the City of Modesto, State of California, this _____ day of ________________, 2022, by and between the City of Modesto, a municipal corporation of the State of California, hereinafter called CITY, and Muniquip Inc., Roseville, CA hereinafter collectively referred to as CONTRACTOR.

This FIRST AMENDMENT to the PURCHASE AGREEMENT is made with reference to the following recitals:

A. A PURCHASE AGREEMENT NO. 207114, hereinafter referred to as AGREEMENT was entered into by and between CITY and CONTRACTOR on the 28th day of September, 2021 for the procurement of Wemco/Hidrostal, pump parts and/or electrical components.

B. CITY and CONTRACTOR desire to amend the AGREEMENT for the procurement of Wemco/Hidrostal, pump parts and/or electrical components, by increasing the previously approved annual amount from $16,000 to $46,000.

NOW, THEREFORE, the parties hereto mutually agree to the following:

1. The second paragraph of the AGREEMENT shall be amended to say the following:
“Estimated Annual amount $46,000 per year”

2. Except as modified and amended by this FIRST AMENDMENT to the AGREEMENT, all other provisions of the AGREEMENT shall remain unchanged and in full force and effect.

IN WITNESS WHEREOF, the CITY OF MODESTO, a Municipal Corporation, has authorized the execution of this FIRST AMENDMENT to the AGREEMENT in duplicate by its Director of Finance under authority of Resolution No. , adopted by the Council of the City of #10..
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2 Modesto on the ___ day of _________________, 2022, and Muniquip Inc., has caused this FIRST AMENDMENT to the AGREEMENT to be duly executed.
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CITY OF MODESTO

COUNCIL AGENDA REPORT
DATE OF MEETING:

November 1, 2022
Date: October 6, 2022
TO: Mayor and City Council
THROUGH: Joseph P. Lopez, City Manager
FROM: William Wong, Director of Utilities
SUBJECT: Engineering Design Services Agreement with West Yost Associates Grayson Water Infrastructure Project
CONTACT: Edgar Vargas, Associate Civil Engineer
[email protected], 209-571-5424
DESCRIPTION:

Consider approving an Agreement with West Yost Associates, Sacramento, CA, for Engineering Design Services for the Grayson Water Infrastructure Project in a total amount not to exceed $1,611,410. (Funding Source: Water Fund)
STRATEGIC PLAN ELEMENT:

BACKGROUND:

The City of Modesto owns and operates the water system facilities in the Town of Grayson, which is located approximately 14 miles west of the City of Modesto and 6 miles north of the City of Patterson, along County Road J16 (Grayson Road). The service area is approximately 120 acres, primarily residential, and is considered a severely disadvantaged community. The Grayson service area was originally provided with water service by the Del Este Water Company until the mid-1990s when the City of Modesto acquired the Del Este Water Company and began providing water service.

The existing water system within the Grayson water service area currently includes 264 water connections, two wells (Well 295 and Well 274), one 0.22 million-gallon (MG) at-grade steel tank (Tank 9), a booster pump station equipped with two-50 horsepower pumps, approximately 16,700 linear feet of water distribution pipelines, and a deteriorating ion exchange treatment system.
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Council Meeting, November 1, 2022
Engineering Design Services Agreement with West Yost Associates Grayson Water Infrastructure Project

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As recommended in the City’s capital improvement program, the City has been actively engaged in improving service to the customers of Grayson with the goal to mitigate deficiencies associated with insufficient fire flow capacity, inadequate supply and pumping capacity, and most importantly inadequate system reliability.

A hydraulic assessment of the Grayson Water System was performed to evaluate the system’s ability to meet the community’s current and build-out demands. This assessment identified the need to construct a new/replacement treatment system, storage tank, and booster pump station facility.

As a result, the Grayson Water Infrastructure Project will construct a new 0.25 MG storage tank that will replace Tank 9, a new 1 MG booster pump station, a replacement treatment system (1200 gpm capacity), a new building facility to house chlorination equipment, an employee restroom and storage, SCADA and instrumentation improvements, associated stormwater landscaping, irrigation improvements, and new site fencing to provide a security enclosure to the project site. The project will be constructed within the new Well 69 project site, a 0.41 acre parcel on Mary Street (APN: 016-034-015). The new Grayson Water Infrastructure project will also decommission and remove the majority of the existing facilities located at the Well 295 site.

The rerouting of flow from Well 295 to the new treatment site will need to be incorporated into the design of the new Grayson Water Infrastructure project.

During the drilling of Well 274, staff was informed by the Department of Water Recourses that well number 274 could not be re-used. New well numbers are required for replacement wells; therefore, the project became known as Grayson Well 69 (Replacing Well 274). Surface improvements for Well 69 are currently in construction. Well 274 will be replaced and abandoned at the completion of the Well 69 project. The City is also currently in the process of designing plans to upgrade deficient, undersized water distribution mains within the service area.

On March 13, 2018, by Resolution No. 2018-118, Council approved the submittal of applications to the Drinking Water State Revolving Fund and State Water Resources Control Board for Planning/Design and implementation funding for the Grayson Water Infrastructure Project.

On July 14, 2020, by Resolution No. 2020-312, Council accepted a 4,137 square foot site from Stanislaus County, expanding the Well Site in order to accommodate a future tank, booster pump and treatment system for the new well.

On May 18, 2022, the City of Modesto was notified by the State Water Resources Control Board that the City was awarded $653,200 for Planning/Design and Implementation funding for the Grayson Water Infrastructure Project.

The project is still eligible for the State’s Drinking Water State Revolving Fund construction loan with principal forgiveness of up to $5 million and may be eligible for additional funding in the form of a loan, additional grants, and loan forgiveness. Staff is continuing to pursue further funding for construction and will comply with Administrative Directive 7.2 if funding is awarded. #11..
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Council Meeting, November 1, 2022
Engineering Design Services Agreement with West Yost Associates Grayson Water Infrastructure Project

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DISCUSSION:

Given the unique and specialized expertise required for design of tanks and pump stations, it was determined that a consultant would be necessary to provide design services for this project.

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

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

On May 24, 2022, staff received and distributed three proposals to a selection committee consisting of Utilities engineering and operations staff. The selection committee evaluated the proposals and determined West Yost Associates, (West Yost) Sacramento, CA to be the most qualified and responsive. West Yost’s sealed proposal costs were opened after the selection ranking had been finalized. West Yost’s proposal cost and scope were reviewed, and after negotiations determined to be reasonable to provide engineering design services.

West Yost developed a base scope of services for the final design of the Grayson Water Infrastructure project and additional scope of services that will only be performed if authorized by the City based on the findings of Task 1 (preliminary design and data collection) within the base scope of services.

The base scope of services to be provided under this agreement include:
 Task 1: Preliminary Design and Data Collection
 Task 2: Design and Preparation of Construction Documents  Task 3: Public Outreach
 Task 4: Permitting
 Task 5: Environmental Clearance Documentation
 Task 6: Bid Period Services
 Task 7: Engineering Services During Construction
 Task 8: Project Management and Meetings
 Task 9: Progress Reporting per State Funding Requirements  Task 10: Provide Additional Support for the Drinking Water State Revolving Fund  Task 11: Provide Additional Research and Support for Funding Opportunities Associated with Consolidation Option.

As a part of the base scope of services outlined in Task 1; an evaluation of a blending line from South Modesto to Grayson or a waste line from Grayson to the Jennings Wastewater facility will be evaluated. Upon completion of Task 1; additional tasks may be required under the agreement to complete design of one of the options; If it is determined that the additional tasks are needed; staff will return to Council to amend the agreement for the additional task.

The City has determined the base scope of services to be reasonable to provide design, bid period services, engineering services during construction, as well as additional support for state funding requirements.
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Council Meeting, November 1, 2022
Engineering Design Services Agreement with West Yost Associates Grayson Water Infrastructure Project

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Additionally, in accordance with Administrative Directive 3.1, design firms that are not considered local should consider using local sub-consultants as a part of their team. West Yost included O’Dell Engineering a local firm to provide surveying & landscaping through design and construction.

In accordance with Modesto Municipal Code 8-3.204(a) Exceptions to Formal Bidding Requirements, this agreement is for professional services and, therefore, exempt from the bid requirement. However, staff proceeded through an RFP process pursuant to Administrative Directive 3.1. Staff recommends approval of the agreement with West Yost Associates for Engineering Design services for the Grayson Water Infrastructure project.

FISCAL IMPACT:

Funding for this project will be budgeted in the current FY 2022/23 Capital Improvement Program budget in account:
101081 – Grayson System Improvements
ANTICIPATED ENGINEERING DESIGN EXPENDITURES:

West Yost Agreement $1,464,918
10% Additional Services $146,492
City Construction Forces $50,000
Engineering Design/Administration – City Staff Time $120,000 *TOTAL ANTICIPATED ENGINEERING EXPENDITURES: $1,781,410 *An appropriation transfer of approximately $703,461 will be necessary to fund the required scope of services. Upon Council approval, this amount will be transferred into the project account from Water Fund Reserves to cover these costs, thereby amending the Fiscal Year 2022/23 Capital Improvement Program Budget.

The City of Modesto was awarded a $653,200 State Water Resources Control Board Planning/Design and Implementation grant for the Grayson Water Infrastructure Project, qualifying costs will be eligible for reimbursement.

Total construction costs for the base scope of services are estimated to be approximately $5,384,000 and will be further verified and refined as part of Preliminary Design and Data Collection outlined in Task 1.

COMMITTEE RECOMMENDATION:

This item was considered by the Economic Development Committee at the October 3, 2022 meeting where it was recommended that it be forwarded to Council for approval.

CEQA/NEPA REQUIREMENTS:

CEQA requirements will be completed prior to going to construction. #11..
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Council Meeting, November 1, 2022
Engineering Design Services Agreement with West Yost Associates Grayson Water Infrastructure Project

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RECOMMENDED COUNCIL ACTION:

Staff Recommendations:

Resolution approving an Agreement with West Yost Associates, of Sacramento, CA, for Engineering Design Services for the Grayson Water Infrastructure Project in the amount of $1,464,918 for the identified Scope of Services, plus $146,492 in additional services, if needed, for a total amount not to exceed $1,611,410 and authorizing the City Manager, or his designee, to execute the Agreement.

Resolution amending the Fiscal Year 2022/23 Capital Improvement Program Budget in the amount of $703,461 to be transferred into Project 101081 from Water Fund Reserves in order to fund the design phase of the Grayson Water Infrastructure Project and authorizing the City Manager, or his designee to implement the provisions of this Resolution.

Approved by:

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

1. Resolutions (2)

2. West Yost – Agreement

3. West Yost – Exhibits to Agreement
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1 2022-XXX

MODESTO CITY COUNCIL
RESOLUTION NO. 2022-XXX

RESOLUTION APPROVING AN AGREEMENT WITH WEST YOST

ASSOCIATES, OF SACRAMENTO, CA, FOR ENGINEERING DESIGN

SERVICES FOR THE GRAYSON WATER INFRASTRUCTURE PROJECT IN THE AMOUNT OF $1,464,918 FOR THE IDENTIFIED SCOPE OF SERVICES, PLUS $146,492 IN ADDITIONAL SERVICES, IF NEEDED, FOR A TOTAL AMOUNT NOT TO EXCEED $1,611,410 AND AUTHORIZING THE CITY

MANAGER, OR HIS DESIGNEE, TO EXECUTE THE AGREEMENT
WHEREAS, the City of Modesto owns and operates the water system facilities in the Town of Grayson; and
WHEREAS, as recommended in the City’s Capital Improvement Program, the City has been actively engaged in improving service to the customers of Grayson; and WHEREAS, a hydraulic assessment of the Grayson Water System was performed to evaluate the system’s ability to meet the community’s current and build-out demands; and
WHEREAS, this assessment identified the need to construct a new/replacement treatment system, storage tank, and booster pump station facility; and WHEREAS, given the specialized expertise required for the design of tanks and pump stations, it was determined that a consultant would be necessary to provide design services for this project; and
WHEREAS, in accordance with Modesto Municipal Code 8-3.204(a) Exceptions to Formal Bidding Requirements, this agreement is for professional services and, therefore, exempt from the bid requirement.

NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Modesto that it hereby approves an agreement with West Yost Associates, of Sacramento, CA for #11..
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2 2022-XXX
Engineering Design Services for the Grayson Water Infrastructure Project in the amount of $1,464,918, for the identified scope of services, plus $146,492 in additional services, if needed, for a total not to exceed amount of $1,611,410.

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

The foregoing resolution was introduced at a regular meeting of the Council of the City of Modesto held on the 1st day of November, 2022, by Councilmember XXX, who moved its adoption, which motion being duly seconded by Councilmember XXX, was upon roll call carried and the resolution adopted by the following vote:

AYES: Councilmembers:

NOES: Councilmembers:

ABSENT: Councilmembers:

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

BY: ________________________________
JOSE M. SANCHEZ, City Attorney
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1 2022-

MODESTO CITY COUNCIL
RESOLUTION NO. 2022-
RESOLUTION AMENDING THE FISCAL YEAR 2022/23 CAPITAL
IMPROVEMENT PROGRAM BUDGET IN THE AMOUNT OF $703,461 TO BE TRANSFERRED INTO PROJECT 101081 FROM WATER FUND RESERVES IN

ORDER TO FUND THE DESIGN PHASE OF THE GRAYSON WATER

INFRASTRUCTURE PROJECT AND AUTHORIZING THE CITY MANAGER,

OR HIS DESIGNEE TO IMPLEMENT THE PROVISIONS OF THIS

RESOLUTION
WHEREAS, certain budgetary transactions are necessary in the amount of $703,461, in order to fund the Grayson Water Infrastructure Project; and WHEREAS, the Fiscal Year 2022/23 Capital Improvement Program budget must be amended.

NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Modesto that it hereby approves the amendment of the Fiscal Year 2022/23 Capital Improvement Program Budget in the amount of $703,461.

BE IT FURTHER RESOLVED that the City Manager, or his designee, is hereby authorized to implement the provisions of this resolution. #11..
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2 2022-
The foregoing resolution was introduced at a regular meeting of the Council of the City of Modesto held on the 1st of November 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-

ENGINEERING DESIGN SERVICES AGREEMENT FOR THE

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

This Agreement is made with regard to the following recitals:

A. The City has determined that Engineering Design Services are necessary for the Grayson Water Infrastructure Project.

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

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

1. SCOPE OF SERVICES.

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

2. TERM OF AGREEMENT.

This Agreement is effective as of the date first written above and will continue in effect until City's acceptance of and payment for all services authorized by City and #11..
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performed by Consultant, unless terminated earlier in accordance with the provisions of the termination clause in this Agreement.

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

3. COMPENSATION.

Consultant agrees to accept a sum not to exceed ONE MILLION FOUR HUNDRED SIXTY-FOUR THOUSAND NINE HUNDRED EIGHTEEN AND 00/100 DOLLARS ($1,464,918) (maximum compensation) as full remuneration for performing all services and furnishing all staffing and materials for Modesto in accordance with Exhibit "A" attached hereto and for performance by Consultant of all of its duties and obligations under this Agreement, except that additional services may be compensated as described below.

The Compensation shall be paid pursuant in the manner and at the times set forth below:

Consultant shall submit monthly invoices to City which include detailed tasks, hours worked, and billable rates for all work completed, and detailed receipts for any out-of-pocket costs paid by Consultant in connection with work performed on this project. #11..
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Additional services may be authorized by the City Manager in an amount up to, but not to exceed ten percent (10%) of the agreed maximum compensation, or ONE HUNDRED FORTY-SIX THOUSAND FOUR HUNDRED NINETY-TWO AND 00/100 DOLLARS ($146,492). In the event that additional services are deemed necessary, the Consultant shall provide a written request to the City Manager indicating the reason for additional work, scope and cost of such work. The City Manager shall provide a written response to the request, either approving or denying the additional expenditure. If additional services are requested and approved, they will be billed at the hourly rates set forth in Exhibit “B” and may not exceed the amount requested and approved in writing by the City Manager. In that event, the new total compensation shall not exceed ONE MILLION SIX HUNDRED ELEVEN THOUSAND FOUR HUNDRED TEN AND 00/100 DOLLARS ($1,611,410). If additional services in excess of this amount are deemed necessary by City Staff, an amendment to this Agreement will be required and must be approved by the City Council prior to commencing the work, as provided in Paragraph 9 of this Agreement.

4. OBLIGATIONS OF CONSULTANT.

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

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

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

6. OWNERSHIP OF DOCUMENTS/TITLE TO DATA.

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

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

All materials, documents, data or information obtained from the City data files or any City medium furnished to Consultant in the performance of this Agreement will at all times remain the property of the City. Such data or information may not be used or copied for direct or indirect use by Consultant after termination of this Agreement without written consent of the City.
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7. NEWS AND INFORMATION RELEASE.

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

8. INTEREST OF CONTRACTOR.

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

9. AMENDMENTS.

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

Until a change order is so executed, City will not be responsible to pay any charges Consultant may incur in performing such additional services, and Consultant shall not be required to perform any such additional services. #11..
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10. INDEPENDENT CONTRACTOR.

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

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

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

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

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

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

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

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

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

11. ASSIGNMENT.

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

12. PATENT/COPYRIGHT MATERIALS.

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

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

FOR CONSULTANT: Name: West Yost Associates
Address: 8950 Cal Center Drive
Building 1, Suite 363
Sacramento, CA 95826
Attention: Roberto Vera
Phone: (916) 306-2250
Email: [email protected]
FOR CITY: Name: City of Modesto
Address: 1010 10th Street
Suite 4600
Modesto, CA 95354
Attention: Edgar Vargas
Phone (209) 577-5424
Email: [email protected]

14. INSURANCE REQUIREMENTS.

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

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

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

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

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

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

15. TERMINATION OF AGREEMENT.

Termination by City for Default of Consultant
Should Consultant default in the performance of this Agreement or materially breach any of its provisions, at its option, City may terminate this Agreement by giving written notification to Consultant. The termination date shall be the effective date of the notice. For the purposes of this section, material breach of this Agreement shall include, but not be limited to, any of the following: failure to perform required services or duties, willful destruction of City's property by Consultant, dishonesty or theft. #11..
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Termination by City for Convenience
The City may also terminate the Consultant's performance under the Agreement, either in whole or in part, at its own discretion, or when conditions encountered during the Work make it impossible or impracticable to proceed, or when the City is prevented from proceeding with the Agreement by act of God, by law, or by official action of a public authority, or upon a determination by the City that such termination is in the best interest and convenience of the City, or whenever the City is prohibited from completing the Work for any reason. The City shall provide no less than ten (10) calendar days written notice of its intent to terminate the Agreement for convenience, and shall endeavor to provide the Consultant with consultation with the City prior to termination.

Post-Termination Procedure
Upon receipt of a written notice of termination pursuant to either of the foregoing paragraphs, the Consultant shall:
a. Cease its work as directed in the notice of termination as of the termination date and see to it that its employees, subconsultants and agents are notified of such termination and act as specified in the notice of termination;
b. Terminate all orders and Subcontractors except as necessary to complete any portion of the Work that is not terminated; c. If directed in writing by the City to do so, assign all right, title and interest in subcontracts and materials in progress to City, in which case the City will have the right at its discretion to settle, or pay any or all claims arising out of the termination of such #11..
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subconsultants, but in no event shall recovery by any Consultant or subconsultant include lost profits for portions of the Work not completed or undertaken, including materials not delivered; d. Deliver or otherwise make available to the City all data, drawings, specifications, reports, estimates, summaries and such other information and material as may have been accumulated by the Consultant in performing the Work whether completed or in process; e. Settle outstanding liabilities and claims, subject to the approval of City;
f. Complete performance of such part of the Work as has not been terminated;
g. Take such other actions as may be necessary, or as may be directed by the City for the protection and preservation of the Work and/or property related to the Work;
h. If City so requests, and at City's cost, Consultant shall provide sufficient oral or written status reports to make City reasonably aware of the status of Consultant's work on the project. i. The Consultant understands and agrees that City may, in City's sole discretion, refuse to pay Consultant for that portion of Consultant's services which were performed by Consultant on the project prior to the termination date and which remain
unacceptable and/or not useful to City as of the termination date. #11..
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City will pay Consultant an amount based on the percentage of satisfactory work completed in accordance with the notice of termination. The final payment to the Consultant after termination for convenience shall be limited to amounts due and owing under the Agreement at time of termination, including the following:
a. The cost of settling and paying valid claims arising out of the termination of the Work such as subconsultant agreements or contracts for materials;
b. The Agreement price allocable to the portion of the Work properly performed or goods supplied to the work site by the Consultant as of the date of termination, as determined in accordance with the notice of termination, reduced by any sums previously paid to the Consultant.

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

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

17. INDEMNITY.

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

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

18. DISPUTE RESOLUTION.

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

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

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

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

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

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

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

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

19. ENTIRE AGREEMENT.

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

20. PARTIAL INVALIDITY.

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

21. WAIVER.

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

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

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

23. GOVERNING LAW.

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

24. HEADINGS NOT CONTROLLING.

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

25. COMPLIANCE WITH LAWS.

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

26. CITY BUSINESS LICENSE.

Consultant will have a City of Modesto business license. #11..
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IN WITNESS WHEREOF, the City of Modesto, a municipal corporation, has authorized the execution of this Agreement in duplicate by its City Manager and attestation by its City Clerk under authority of Resolution No. 2022- , adopted by the Council of the City of Modesto on the day of , 2022, and WEST YOST ASSOCIATES has caused this agreement to be duly executed in duplicate as of the Effective Date. #11..
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2020 Research Park Drive
Suite 100
Davis, CA 95618
530.756.590 phone
530.756.5991 fax
westyost.com
August 17, 2022 SENT VIA: EMAIL
Edgar Vargas, PE
Acting Senior Civil Engineer
City of Modesto - Utilities Department
1010 Tenth Street, 4th Floor
Modesto, CA 95354
RE: Updated Cost Proposal for City of Modesto Grayson Water Infrastructure Project Dear Edgar:

Thank you for selecting West Yost for the Grayson Water Infrastructure Project. We are excited to submit the following updated scope and fee proposal to the City of Modesto (City) for providing professional engineering services for the Grayson Water Infrastructure Project, based on our recent discussions.

UPDATED SCOPE OF SERVICES
As discussed with you and your team, the City desires to authorize the three optional tasks (i.e., Tasks 9, 10, and 11) that were included as part of our original proposal, as well as add additional specific tasks.

Attachment A provides our updated scope of services. We have reorganized the scope of services into two categories: Base Scope of Services and Additional Scope of Services. These are summarized as follows:
• Base Scope of Services
— All base Tasks (Tasks 1 through 8) from our original proposal are unchanged. — The optional Tasks 10 and 11 included in our original proposal have been added to the Base Scope of Services and renumbered as Tasks 9 and 10. These tasks are unchanged from our original proposal.
— A new task has been added (Task 11. Provide Additional Research and Support for Funding Opportunities Associated with Consolidation Option.
— This task is a new task and has been added to perform research and identify other potential funding opportunities associated with consolidating and serving other community water systems (i.e., Country Western Mobile RV Park or Westport School) with the potential blending ling from South Modesto to Grayson. These additional funding opportunities would be beyond the SRF grant funds and would further reduce costs to the City.
• Additional Scope of Services
— Task 12: Design of Waste Line to Jennings WWTP or Blending Line from South Modesto to Grayson
— This task was included as the optional Task 9 from our original proposal. This task has been renumbered as Task 12.

EXHIBIT A
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— This task has been expanded to include either the design of a waste line to Jennings WWTP or a blending line from South Modesto to Grayson. One of these options will be selected based on the treatment alternatives evaluation conducted in Task 1. — The expansion of the scope and level of effort is due to the longer length of the blending line and consideration of pipeline crossings that were not included in the original proposal. Specific additional items include additional drawing sheets and additional survey, potholing activities and shallow boring explorations. — With respect to the potential required river/canal crossings associated with either the blending line or the waste line, additional scope and budget has been added to evaluate and design the pipeline crossings, either using trenchless methods (anticipated to be horizontal directional drilling) or strapping to existing bridge infrastructure. For the trenchless crossings, deeper boring explorations (up to eight) than what was previously assumed have been included to properly design crossings in accordance with current United States Army Corps of Engineers criteria EM1110- 1-2902. For budgeting purposes, it is assumed that trenchless crossings will be required for all three currently identified crossing locations (i.e., river, bridge, and canal).
• Task 13. Design of Waste Line Lift Station or Blending Line In-Line Booster Pump Station. — This task is a new task and has been added to provide design of either a lift station for the waste line to the Jennings WWTP or an in-line booster pump station for the blending line from South Modesto to Grayson. Neither of these facilities were included in the base tasks or optional tasks in our proposal. Based on our preliminary evaluations, a lift station or an in-line booster pump station will be required. — In addition, a high-level right-of-way evaluation has also been included to evaluate potential parcels that could contain the in-line booster pump station if this option/alternative is selected.

The Additional Scope of Services (Tasks 12 and 13) will only be performed if authorized by the City based on the findings and recommendations of Task 1. Both Tasks 12 and 13 would need to be authorized to provide for the design of the pipeline and pump/lift station under either the waste line or blending line option.

UPDATED FEE
As described above, the updated scope of services is more comprehensive than the scope of services that was included as part of the original proposal submittal. Table 1 below summarizes the costs by task.

Attachment B includes the expanded fee table, which shows hours by staff person and classification, as well as subconsultant fees by task.

Our fee proposal includes West Yost’s proposed not-to-exceed fee for the professional services for completing the tasks included in our updated scope of services (Attachment A). West Yost will perform the work on a time-and-expenses basis, at the billing rates set forth in West Yost’s Billing Rate Schedule (Attachment C) for the not-to-exceed fee presented in Table 1. This billing rate schedule will be effective through 2024 which is our anticipated duration of the contract/project. In addition, our subconsultant billing rate schedules are included in Attachment D.

EXHIBIT A
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As noted in our updated scope of services (Attachment A), the level of effort of some tasks will depend on findings and recommendations of the evaluations conducted in Task 1. In particular, both the waste line and the blending line may require more detailed environmental clearance documentation since these were not identified as part of the City’s programmatic EIR associated with the Water Master Plan. Once preliminary evaluations for the waste line or blending line alternatives are complete (in Task 1), we will determine the required level of effort for additional environmental clearance documentation for the selected pipeline alternative.

Table 1. Updated Fee for the Grayson Water Infrastructure Project Task Updated Fee
Base Scope of Services
Task 1. Preliminary Design and Data Collection $245,690 Task 2. Design and Preparation of Construction Documents $514,571 Task 3. Public Outreach $55,057
Task 4. Permitting $15,684
Task 5. Environmental Clearance Documentation $68,882
Task 6. Bid Period Services $11,918
Task 7. Engineering Services During Construction $274,874 Task 8. Project Management and Meetings $100,286
Task 9. Progress Reporting per State Funding Requirements $83,210 Task 10. Provide Additional Support for DWSRF Funding $71,548 Task 11. Provide Additional Research and Support for Funding Opportunities Associated with Consolidation Option $23,198
Total Base Scope of Services $1,464,918
Additional Scope of Services(a)
Task 12. Design of Waste Line to Jennings WWTP or Blending Line from South Modesto to Grayson $856,225
Task 13. Design of Waste Line Lift Station or Blending Line In-Line Booster Pump Station $271,477 Total Additional Scope of Services $1,127,672
Total Proposed Fee $2,592,620
(a) Tasks 12 and 13 are included under the Additional Scope of Services to cover either the design of the blending line from South Modesto to Grayson and the associated pump station, or the design of the waste line to the Jennings WWTP and the associated lift station. A determination as to which option will be selected will be based on the evaluation conducted in Task 1. The Additional Scope of Services (Tasks 12 and 13) will only be performed if authorized by the City. It should be noted that both Tasks 12 and 13 would need to be authorized to provide for the design of the pipeline and pump/lift station under either the waste line or blending line option.

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Edgar Vargas, PE
August 17, 2022

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Thank you again for selecting West Yost for this important project for the City and for the community of Grayson. Please contact us if you have any questions or would like to discuss the details of our updated scope of services, level of effort and cost. We look forward to working with you on this project.

Sincerely,

WEST YOST
Elizabeth Drayer, PE Roberto Vera, PE
Project Manager/Vice President Deputy Project Manager
925.461.6793 916.306.2212
[email protected] [email protected]
Attachments: Attachment A. Updated Scope of Services
Attachment B. Detailed Fee Sheet
Attachment C. West Yost Billing Rate Schedule
Attachment D. Subconsultant Billing Rate Schedules

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BASE SCOPE OF SERVICES
The following describes our proposed scope of services, including all tasks and subtasks, task deliverables, and task assumptions. These services are considered the “base” scope of work. If findings from Task 1 recommend either (1) a waste line or (2) a blend line, then the Additional Scope of Services (Tasks 12 and 13) will need to be performed. Both Tasks 12 and 13 would need to be authorized to provide for the design of the pipeline and pump/lift station under either the waste line or blending line option.

Task 1. Preliminary Design and Data Collection
Task 1.1 Collect and Review Data
Our team already has much of the data needed to begin the design process. If needed, we will prepare a brief data request that will be provided at the Kickoff Meeting.

Task 1.2 Prepare Geotechnical Investigation and Report
Kleinfelder will investigate subsurface conditions where key facilities are planned to be sited, including one bore performed at the center of the proposed tank site to a depth of 50 feet, and one bore in the area of the proposed pump station to a depth of 20 feet. Laboratory testing of samples will be performed, and typical parameters (e.g., shear strength, Atterberg Limits, etc.) will be reported and summarized in a Geotechnical Report, prepared under the direction of a Registered Geotechnical Engineer.

This task does not include geotechnical activities associated with the potential waste line to the Jennings WWTP and associated lift station or the blend line from South Modesto and associated in-line booster pump station; these are included in the Additional Scope of Services, under Tasks 12 and 13, respectively.

Task 1.3 Prepare Topographic Survey
O’Dell will prepare a topographic survey for the project area in accordance with the RFP requirements.

The topographic survey will be reviewed by West Yost staff to confirm all major elements are captured.

This task does not include topographic survey activities associated with the potential waste line to the Jennings WWTP and associated lift station or the blend line from South Modesto and associated in-line booster pump station; these are included in the Additional Scope of Services, under Tasks 12 and 13, respectively.

Task 1.4 Prepare Treatment Alternative Analysis Report
The West Yost and Corona team will conduct a treatment alternatives analysis and prepare a report to present the findings and recommendations. The Treatment Alternatives Analysis Report will compare up to six treatment alternatives, including: IX, RO, and Biological. The study will also evaluate a “non-treatment” blending alternative. For each alternative, key performance parameters will be evaluated including finished water quality, flexibility and reliability, waste stream quality and disposal considerations, chemical utilization, and other site-specific constraints. A waste line to the City’s Jennings WWTP will also be considered within this treatment analysis as an alternative to brine waste hauling. This information will be compiled with Class 4 capital and lifecycle costs consistent with the Association for the Advancement of Cost Engineering (AACE) Class 4 definition.

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A workshop will be held at the beginning of this task with City staff to discuss options for evaluation and establish ranking criteria. A second workshop will be held with City staff when draft findings and recommendations are available. West Yost will prepare and submit meeting agenda, minutes, and PowerPoint presentation (as applicable).

A Draft Treatment Alternative Analysis Report will be prepared for City review and comment. Following the second workshop, City comments on the draft Report will be incorporated into the Final Report. If the Treatment Alternative Analysis finds that either (1) a selected treatment system be coupled with a waste line or (2) a blend line, in lieu of treatment, is recommended, additional tasks not covered under this Base Scope of Services will need to be performed. Refer to the Additional Scope of Services section (Tasks 12 and 13) below.

Task 1.5 Prepare Basis of Design (BOD) Report
The BOD Report will provide documentation, as appropriate, to support the design such as:
• Project description
• Agency coordination
— Stanislaus County coordination
— State Water Resources Control Board (SWRCB) coordination — DDW coordination and approvals
• Surveying and utility investigation
• Geotechnical investigation
• Traffic control considerations
• Recommended design criteria for hydrologic and hydraulic design • Design concepts (i.e., treatment strategy, proposed site plan and yard piping, tank location, building locations, potential utility conflicts, connection to existing drainage lines, landscaping, security), electrical and instrumentation design, and verification of design flows • Hydraulic modeling results including recommended hydraulic controls and grade line calculations
• Schedule implementation with identification of critical needs (i.e., longer lead time equipment) and project milestones
• Class 4 Opinion of Probable Cost for project
The BOD Report will include preliminary site plans prepared at a 10 percent design level.

West Yost will facilitate a workshop at the initiation of this task to discuss the BOD approach and a second workshop during the review period of the Draft BOD Report submittal to discuss and review progress and significant action items. West Yost will prepare and submit meeting agenda, minutes, and PowerPoint presentation (as applicable). West Yost will incorporate City comments from the Draft BOD Report to revise and submit a Final BOD Report.

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Task 1 Deliverables
• Geotechnical Investigation Report (Draft and Final)
• Topographic Survey files and notes
• Treatment Alternatives Analysis Report (Draft and Final) • Basis of Design Report (10% design) (Draft and Final) Task 2. Design and Preparation of Construction Documents Design period services are focused on preparing the bid package (i.e., plans, technical specifications and Engineer’s Estimate/Opinion of Probable Construction Cost) for the City’s use in obtaining bids from general contractors. Proposed activities include:
• Prepare design drawings and technical specifications for the Grayson Water Infrastructure Project including a new 0.25 MG water storage tank, a water treatment system, a booster pump station, a building to house chlorination equipment, employee restroom and storage, SCADA and instrumentation equipment, electrical improvements, and associated site work including landscape stormwater improvements and connection to existing utilities in Mary Street • Prepare specifications for decommissioning and removal of the existing water storage tank (Tank 9) and existing water treatment system at Well 295, and the rerouting of flow from Well 295 to the new site
• Design connecting utilities to the existing utilities in Mary Street • Assist City during City’s discussions with PG&E regarding providing electrical service to the site
• Provide packages of draft design drawings and technical specifications at the 35%, 75% and 90% completion levels
• Meet with City staff to review and discuss City comments on the design packages • Modify documents as required to reflect comments received and provide final design drawings and technical specifications
• Ewing Construction Services will perform an independent and detailed construction cost estimate upon completion of the 90% PSE package. This will help confirm that cost assumptions are consistent with the current bidding environment and will identify if there are opportunities to improve specifications and improve biddability.

Task 2 Assumptions
• City staff will provide requested data, timely review of work products within three (3) weeks of receipt and be available to meet with West Yost.
• The City will prepare Divisions 00 and 01 of the Specifications. • Design of the potential waste line/lift station or blending line/in-line booster pump station are included in the Additional Scope of Services (Tasks 12 and 13).

Task 2 Deliverables
• 35% PSE package
• 75% PSE Package
• 90% PSE Package
• 90% Detailed Construction Cost Estimate
• Final PSE Package with three (3) printed copies and a PDF copy, AutoCAD files of construction drawings, and Microsoft Word files for technical specifications

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Task 3. Public Outreach
Port City Marketing Solutions will develop and provide a public outreach program. Elements anticipated include: a Community Outreach Plan; stakeholder identification and development of a database; public meetings; publicity and advertising; contact information; website development; and email and telephone hotlines. Development of a Grayson Water Infrastructure Project Stakeholder Group will also be included.

Port City will prepare reports of public outreach and involvement activities that will include detailed summary reports of preparations for and implementation of the public meetings and listings of community concerns and issues. During construction, quarterly newsletters will be prepared and distributed to the database; and news releases will be prepared and distributed to inform the public of construction activities affecting traffic patterns.

Task 3 Deliverables
• Community Outreach Plan
• Stakeholder database with notations of stakeholder activity/involvement • Detailed records of hotline contacts
• Content for City website (graphics, fact sheets, FAQs, etc.) • Public Information Meeting agendas, sign-in sheets, meeting summaries, etc. • Stakeholder Group meeting materials, minutes, and reports Task 4. Permitting
West Yost will coordinate and submit application and plan reviews for the permitting necessary for construction of the project. The Contractor shall be ultimately responsible to obtain and pay all fees necessary. Permitting will include but not be limited to obtaining and coordinating permitting with Stanislaus County and the State Water Resources Control Board (SWRCB)/DDW.

Task 4 Assumptions
• No other permits will be required for other agencies (e.g., Turlock Irrigation District, etc.).

Task 4 Deliverables
• West Yost will furnish all information necessary to obtain a permit to operate.

Task 5. Environmental Clearance Documentation
Horizon Water and Environment will prepare a CEQA Screening memo to describe/confirm compliance options available. It is anticipated that an Initial Study/Addendum will be required since the project is described in the City’s Programmatic EIR for WMP, and an Administrative Draft and Revised and Final Initial Study will be prepared.

Task 5 Assumptions
• An Initial Study/Addendum will be adequate for meeting the Environmental Review requirements.

Task 5 Deliverables
• CEQA Screening memo
• Initial Study (Administrative Draft and Final)

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Task 6. Bid Period Services
Proposed activities for this task include:
• Assist the City with the bidding process, as requested by City • Participation in the pre-bid meeting
• Assist City in responding to bidder questions or issuing addenda, as required/if needed This task includes bid period services for the on-site facilities (e.g., treatment facilities, storage tank and pump station). This task does not include bid period services associated with the potential waste line to the Jennings WWTP and associated lift station or the blend line from South Modesto and associated in-line booster pump station; these are included in the Additional Scope of Services, under Tasks 12 and 13, respectively.

Task 6 Assumptions
• City will prepare the bid tabulation and verify general conformance with bid documents, including signatures and requisite submission of appropriate documentation.

Task 6 Deliverables
• Responses to bidder questions
• Information/data to support addenda
Task 7. Engineering Services During Construction
This task includes engineering services during construction for the on-site facilities (e.g., treatment facilities, storage tank and pump station). This task does not include engineering services during construction associated with the potential waste line to the Jennings WWTP and associated lift station or the blend line from South Modesto and associated in-line booster pump station; these are included in the Additional Scope of Services, under Tasks 12 and 13, respectively.

Task 7.1 Provide Services During Pre-Construction
Anticipated activities include:
• Prepare conformed construction drawings and technical specifications based on the design drawings and technical specification from bid documents, addenda (if any), and any changes during contracting
Task 7.2 Provide Services During Construction
Anticipated activities include:
• Attend regular onsite construction status meetings, led by the City’s construction management team
• Respond to contractor’s requests for information (RFIs) (a total of 50 RFIs are assumed) • Review contractor’s shop drawings and other submittals, including material submittals, project schedule, and schedule of values (a total of 80 submittals and/or resubmittals are assumed)
• Review and comment on draft change orders. Up to seven (7) change orders are assumed

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• Participate in final inspection, testing, start-up and commissioning, and make recommendations to the City regarding final project acceptance Task 7.3 Provide Services During Post-Construction
West Yost will review as-built drawings/redlines provided by contractor and prepare record drawings of the final project, which depict the conditions as documented by the Contractor and the City’s construction manager.

Task 7.4 Prepare Operational Plan
West Yost will prepare an operational plan and associated documentation for the project in accordance with DDW requirements for operational permitting of the project by DDW. A draft operational plan will be prepared for the City’s review and comment. A final operational plan will then be prepared for the City’s submittal to DDW.

Task 7 Assumptions
• It is assumed the City will provide construction management and inspection services. • The number of RFIs and submittals, and other reviews and meetings, are as noted in the task description above.

Task 7 Deliverables
• Conformed Construction Drawings and Technical Specifications • Responses to RFIs and Submittals
• Record Drawings
• Operational Plan per DDW Requirements (Draft and Final) Task 8. Project Management and Meetings
Task 8.1. Provide Project Coordination and Administration West Yost will monitor the progress of individual tasks, coordinate the completion of work products, and monitor the task budgets and the project schedule. West Yost will submit monthly invoices and project progress reports that provide a summary of the project’s progress for the most recent calendar month and include a summary of work completed by task.

Task 8.2 Conduct Project Kickoff Meeting
West Yost will organize and attend a Project Kickoff Meeting with City staff to introduce the team members, review the project scope, and request information. West Yost will prepare and submit a meeting agenda and minutes.

Task 8.3 Conduct Bi-Weekly Project Progress Meetings
West Yost will coordinate and attend bi-weekly Project Progress Meetings with City staff. The Project Manager and Deputy Project Manager will attend monthly meetings, with other key staff attending, as necessary, to discuss the issues identified for the respective meeting. Meetings will cover critical path items, schedule, any other issues requiring attention, and review interim findings within one week after

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the meeting, West Yost will provide Meeting Minutes and Action Items/Decision Logs to the City. Meetings are assumed to be one hour in duration. Budgeting assumes 52 biweekly meetings.

Task 8.4 Provide Quality Control
Coordinate internal QA/QC of all submittals prior to submitting to the City. QA/QC is budgeted in technical tasks.

Task 8.5 Conduct Internal Team Meetings
Hold internal weekly or bi-weekly team meetings to review work progress and plan next steps to maintain schedule. Budgeting assumes 52 meetings (weekly for first six months, bi-weekly thereafter).

Task 8.6 Support Public Outreach Activities
West Yost will prepare for and attend up to two public outreach meetings (see Task 3 for additional discussion of public outreach).

Task 8 Assumptions
• There will be a 12-month duration for design period services.

Task 8 Deliverables
• Project Schedule in MS Project
• Meeting Agendas/Minutes and Action Items/Decision Logs • Monthly Invoices and Progress Reports
Task 9. Progress Reporting During Construction per State Funding Requirements Task 9.1 Prepare Quarterly Reporting during Construction West Yost will prepare and submit quarterly progress reports to the State Water Resources Control Board (State Board) Division of Financial Assistance (DFA) during construction, in the format provided by the State Board, within forty-five (45) days following the end of the calendar quarter (March, June, September, and December). The reports will provide a brief description of activities that have occurred, milestones achieved, monitoring results (if applicable), and any problems encountered in the performance of the work during the applicable reporting period. Reporting will be prepared even if no project-related activities occurred during the reporting period. All project activities and expenditures will be documented, including work performed by contractors. A draft of each quarterly report will be submitted to the City for review and comment before finalizing and submitting to DFA by the required deadline.

Task 9.2 Prepare Project Report and Summary
At the conclusion of the project, West Yost will prepare and submit the following:
• An Administrative Draft Final Project Report, in a format provided by the State Board, for City review and comment
• A Draft Final Project Report, incorporating City comments from the Administrative Draft, for submittal to DFA for review and comment

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• A Final Project Report that addresses, to the extent feasible, comments made by DFA.

One (1) reproducible master copy and an electronic copy of the final will be provided. An electronic copy of the final report, in PDF format, will be uploaded to the FAAST system. • A Final Project Summary that provides a brief summary of the information contained in the Final Project Report, using a format provided by the State Board, and including accomplishments, recommendations, and lessons learned, as appropriate. An electronic copy of the Final Project Summary in PDF format will be uploaded to the FAAST system Task 9.3 Conduct Final Project Inspection and Certification Upon completion of the project, West Yost will conduct a final inspection and certify that the Project has been completed in accordance with the funding agreement, any final plans and specifications submitted to the State Board, and any amendments or modifications thereto. The final inspection and certification will be conducted by a California Registered Civil Engineer or other appropriate California registered professional. The results of the final inspection and certification will be submitted to the City.

Task 9 Assumptions
• This task is contingent on the City receiving State Board funding for construction.

Task 9 Deliverables
• Quarterly Progress Reports during Construction per State Board Funding Requirements (Draft and Final).
• Final Project Report (Draft/Final) for upload to FAAST System. • Final Project Summary (Draft and Final) for upload to FAAST System. • Final Inspection Results and Certification.

Task 10. Provide Additional Support for DWSRF Funding
Task 10.1 Prepare Quarterly Reporting during Design
West Yost will prepare and submit quarterly DFA progress reports during design, in the format provided by the State Board, within forty-five (45) days following the end of the calendar quarter (March, June, September, and December). The reports will provide a brief description of activities that have occurred, milestones achieved, monitoring results (if applicable), and any problems encountered in the performance of the work during the applicable reporting period. Reporting will be prepared even if no project-related activities occurred during the reporting period. All project activities and expenditures will be documented, including work performed by contractors. A draft of each quarterly report will be submitted to the City for review and comment before finalizing and submitting to DFA by the required deadline.

Task 10.2 Prepare Funding Application for Construction
West Yost will work with the City to prepare the General Information Package, Environmental Package, and Technical Package portions of the funding application for construction of the project. A draft of these application packages will be prepared for City review and comment. West Yost will incorporate City comments and prepare these final application packages for submittal to DFA.

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Task 10 Assumptions
• City will lead and complete the Financial Security Package. • City will review and comment on draft application packages.

Task 10 Deliverables
• Quarterly Progress Reports during design per State Board Funding Requirements (Draft and Final). • Funding application (including the General Information Package, Environmental Package, and Technical Package) for construction of the project (Draft and Final) for upload to FAAST System.

Task 11. Provide Additional Research and Support for Funding Opportunities Associated with Consolidation Option
If the selected alternative is the “non-treatment” option with the blend line, West Yost will research additional funding opportunities associated with adding water service to the school and mobile home park along the proposed pipeline route. As these particular en-route parcels are likely considered disadvantaged, West Yost will research whether they can be connected to the City’s water system with funding through the Safe and Affordable Funding for Equity and Resilience (SAFER) program, a DWSRF grant, consolidation incentive, or other state or federal funding program. West Yost’s research findings of funding options will be documented in a brief TM.

This task includes budget for West Yost to research and identify funding options for adding these two parcels to the City’s water system, as well as budget for preparing a grant application for whichever program is identified as appropriate and as remaining task budget allows.

As the City decides to submit applications to funding programs for the connection of these parcels, the West Yost team will be available to support the preparation of application packages. For each grant application prepared, the City and West Yost team will discuss and agree upon who will take the lead in preparing the application. The West Yost team will be available as-needed to gather additional information to better position the City for funding, fill out application forms, prepare technical documents to support applications, prepare cost estimates, format the application, attend State/Federal pre-submittal workshops, and provide QA/QC on draft applications. The West Yost team can meet with State/Federal funding agencies for or with the City.

West Yost will support the needs of the City and limit impacts on City staff. The submission of the funding proposals is often time-intensive and time-sensitive, and the West Yost team will work closely with the City to meet funding deadlines. The proposed budget assumes that the West Yost team will provide approximately 56 hours of grant application support.

Task 11 Assumptions
• This task will be authorized by the City contingent on the findings and recommendations of the Treatment Alternative Analysis Report to be prepared in Task 1. • Budget may or may not be sufficient to complete whichever grant application is needed by the City.

Once a specific grant opportunity is identified, West Yost will estimate the cost of application support and coordinate with City staff if the existing task budget is insufficient to cover the application cost. If budget is insufficient for the identified grant application, City staff may complete portions of the application or provide West Yost with a contract amendment to fund the additional work request.

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Task 11 Deliverables
• TM of funding options
• Application materials (as-needed and as-requested)

ADDITIONAL SCOPE OF SERVICES
The following describes the additional scope of services, including all tasks and subtasks, task deliverables, and task assumptions. The Additional Scope of Services (Tasks 12 and 13) will only be performed if authorized by the City based on the findings and recommendations of Task 1. Both Tasks 12 and 13 would need to be authorized to provide for the design of the pipeline and pump/lift station under either the waste line or blending line option.

Task 12. Design of Waste Line to Jennings Wastewater Treatment Plant or Blending Line from South Modesto to Grayson
Under this task, West Yost will design either: (1) a waste line to the Jennings WWTP; or (2) a blending line from South Modesto to Grayson. The decision as to which line will be designed will be determined during the treatment alternative analysis conducted in Task 1.4. • Waste Line Option. Requires a waste lift station (refer to Task 13) and an 8-mile-long 4-inch diameter pipeline to be constructed in Grayson Road and Jennings Road from the Well 69 site to the City’s Jennings WWTP. This waste pipeline would be an optional alternative to brine waste hauling if an RO (or possibly IX) treatment system is chosen for the treatment component.
• Blending Line Option. Requires an in-line booster pump station (refer to Task 13) and an approximately 10-mile-long 12-inch diameter blending line to deliver potable water supplies from South Modesto to Grayson to be blended with the Grayson groundwater supplies. This blending line would be an alternative to providing a groundwater treatment system at the Well 69 site in Grayson.

This scope assumes only one of the options will be designed. The scope of services for the design of associated waste lift station or in-line booster pump station is described in Task 13. This scope assumes that the overall project will be bid in two packages:
• Pipeline Package. This includes all work associated with Task 12 for either a waste line from Grayson to the City’s Jennings WWTP or a blending line from South Modesto to Grayson. • Tanks and Pump Station Package. This includes all design work associated with Tasks 2 and 13 for the on-site treated water storage tank and pump station, and either a lift station for the waste line or an in-line booster pump station for the blending line.

Task 12.1 Project Management
This task involves the additional coordination with the City’s Project Manager to provide status updates, manage internal team tasks, track schedule updates, and coordinate the completion of work products.

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Task 12.2 Prepare Alignment Alternatives Analysis for Waste Line to Jennings WWTP or Blending Line from South Modesto to Grayson
West Yost will perform an alignment alternatives analysis for the selected option in Task 1. For the purposes of this task scope and budget, the pipeline is assumed to be less than or equal to 12-inches in diameter and up to approximately 10 miles long. The alignment analysis will review up to 3 pipeline alignment alternatives considering design constraints such as:
• Available right-of-way
• Easement requirements
• Connection points desired by the City
• Anticipated traffic impacts
• Potential soil conditions
• Trenchless installation requirements at critical crossings • Pavement restoration requirements
ARWS has been included in this task and will provide right-of-way estimating services for up to two potential easement acquisitions, should they be required.

West Yost will request facility maps from utility providers participating in Underground Service Alert (USA) to prepare an existing utility base map and assess any potential conflicts with existing utilities.

Based on an initial inquiry to USA, the following utility providers are anticipated to have facilities in the project vicinity:
• Stanislaus County
• AT&T
• PG&E
• Turlock Irrigation District
Critical crossings will also be evaluated for the most appropriate method (i.e., HDD, bore and jack, open-cut, strapping to existing structure, etc.). Findings will be compiled in a technical memo (TM) and will include figures of the alignments, comparison of alternatives, and planning-level costs associated with each alternative. The TM will be presented to the City to select the final alternative and included as an appendix to the expanded BOD Report described below.

Task 12.3 Expand the BOD Report to Include the Preferred Pipeline Alignment The BOD Report prepared in Task 1 will be expanded to provide documentation, as appropriate, to support the basis of design for the selected pipeline option. Task includes additional time required for pipeline design staff to attend the workshop described in Task 1. In addition, this task also includes an evaluation as to how to best approach the San Joaquin River and Turlock Irrigation Canal crossings. Both Kleinfelder and Finn Design Group will evaluate trenchless crossings or hanging pipelines on existing bridge crossings.

West Yost will incorporate City comments on the pipeline information from the Draft BOD Report to revise and submit a Final BOD Report. Design drawings and specifications for the pipeline will be prepared in Task 12.8.

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Task 12.4 Topographic Survey
O’Dell Engineering will provide a design-level topographic survey for the preferred alignment which will serve as the basis for utility mapping and pipeline design documents. The topographic survey will be an aerial survey supplemented with field work to obtain existing utility structure and appurtenance information accessible at the surface. Rim and invert elevations will be obtained for any gravity structures.

Task 12.5 Geotechnical Investigation
Under this task, Kleinfelder will perform additional geotechnical investigations associated with the selected pipeline alternative. Regardless of which alternative is to be constructed, there will likely be crossings at the bridge into the Grayson community area, San Joaquin River, and at a Turlock Irrigation District canal. As a result, the expanded geotechnical investigation will include up to 30 borings and include design recommendations for the pipeline crossings. The proposed borings will include the following:
• Four borings at depths ranging from 50 to 120 feet will be used to characterize the subsurface conditions along the potential trenchless crossing at the bridge site; • Four borings at depths ranging from 50 to 100 feet will be used to characterize the subsurface conditions along the potential trenchless crossing at the river crossing site (different from bridge crossing);
• One boring at a depth of 30 feet will be used to characterize the subsurface conditions at the potential canal crossing site; and
• Remaining borings will be located along the pipeline alignment (at approximately one boring for each quarter mile of the pipeline alignment) (number of borings is based on the blending line alignment; fewer borings would be required for the waste line alignment).

The budget associated with encroachment permits is included in this task. Findings from these investigations will be summarized in a geotechnical report.

Task 12.6 Environmental Compliance
Under this task, Horizon Environmental will prepare an environmental constraints memorandum once the treatment alternative analysis (Task 1) is complete and once preliminary alignments of either the waste line or the blending line are available. This involves a biological desktop analysis as well as a two day field survey to identify potential biological resources constraints. The memorandum will also identify other potential environmental constraints (e.g., presence of utilities, known hazardous material sites, etc.).

Since this pipeline was not identified or a part of the programmatic EIR associated with the City’s Water Master Plan, it will require additional environmental clearance. This effort will be entirely dependent on the selected pipeline alternative and alignment. Upon completion of the Basis of Design Report, West Yost will coordinate with Horizon to obtain a budget estimate for this additional environmental compliance and coordinate with the City for a budget augmentation if needed.

Task 12.7 Utility Coordination, Mapping, Locating, and Potholing Once the preferred alignment is chosen and defined in Task 12.2, West Yost will subcontract with D&M Utility Services to locate utilities. Up to two (2) days of potholing (approximately 10 potholes) to verify location and depths of existing utilities along the alignment where necessary will be performed.

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Task 12.8 Prepare Pipeline Construction Drawings, Specifications, and Engineer’s Estimate
Task involves preparing design drawings, technical specifications, and cost estimates meeting applicable Caltrans, County and City standards. Draft plans and cost estimate will be provided at the 35%, 75% and 90% review stage. Specifications will be provided at the 75% and 90% review stage. This includes design of the pipeline crossings (design to be supplemented by Kleinfelder and/or Finn Design Group). Drawings will be prepared using Autodesk Civil 3D 2020, be plotted at a scale of 1”=40’, and will include appropriate details.

West Yost will meet with City staff to review and discuss City comments on the design documents at the 75% and 90% completion levels. Each submittal will include addressing the City’s comments from the previous milestone submittal. One set of final design drawings and technical specifications will be provided following the 90% review period.

Task 12.9 Permitting and Public Outreach
Under this task, West Yost will provide additional coordination and support to the public outreach consultant (Port City Marketing), providing necessary exhibits and other information associated with either the waste line or blending line options in support of the public outreach program described in Task 4.

Task 12.10 Pipeline Bid Period Services
Under this task, West Yost will assist with answering questions from bidders during the bid period. West Yost will prepare conformed construction drawings and technical specifications based on the design drawings and technical specification from bid documents, addenda (if any), and any changes during contracting. Up to one addendum is budgeted.

Task 12.11 Pipeline Engineering Services During Construction Anticipated activities include:
• Attend pre-construction meeting and up to 5 site visits • Respond to contractor’s requests for information (RFIs) (a total of 5 RFIs are assumed) • Review contractor’s shop drawings and other submittals, including material submittals, project schedule, and schedule of values (a total of 20 submittals and 10 resubmittals are assumed)
• Review and comment on draft change orders; up to two (2) change orders are assumed Task 12.12 Provide Services during Post Construction
West Yost will review as-built drawings/redlines provided by contractor and prepare record drawings of the final project, which depict the conditions as documented by the Contractor and the City’s construction manager.

EXHIBIT A
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City of Modesto
Grayson Water Infrastructure Project
14 N-M-C-MODESTO-WD-2022_GRAYSON-N
Task 12 Assumptions
• Either the waste line or blending line will be designed, not both. • Task budget is based on the longer, larger pipeline being selected. • City staff will provide requested data, timely review of work products within three (3) weeks of receipt and be available to meet with West Yost.
• An environmental constraints memo will be provided for the waste line/lift station and blending line/in-line booster pump station, but environmental documentation (e.g., Mitigated Negative Declaration or Supplemental EIR, and additional environmental permits) is not included in the current scope and budget as it is highly dependent on the alternative selected. • Traffic control plans, water pollution control plans, and phasing plans are excluded from this scope and, if necessary, will be provided by the Contractor.
• Recorded right-of-way and parcel lines from public sources will be included in the topographic survey; a boundary survey will not be performed.
• It is assumed a SWPPP is not needed for this project and is excluded from this scope of services. • The City will prepare Divisions 00 and 01 of the Specifications. • Right-of-way acquisition provided is for the purposes of identifying and estimating required easements and/or property acquisitions. Title reports and/or easement agreements are not included.
• City will schedule, organize, and lead the pre-bid meeting and pre-construction meeting.

Task 12 Deliverables
• Alignment Alternatives Analysis TM
• Expanded Basis of Design Report prepared in Task 1 (Draft and Final) • Environmental Constraints Memo
• 35% PSE package
• 75% PSE Package
• 90% PSE Package
• Final PSE Package with three (3) printed copies and a PDF copy, AutoCAD files of construction drawings, and Microsoft Word files for technical specifications. • Conformed Construction Drawings and Technical Specifications • Responses to RFIs and Submittals
• Record Drawings

EXHIBIT A
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City of Modesto
Grayson Water Infrastructure Project
15 N-M-C-MODESTO-WD-2022_GRAYSON-N
Task 13. Design of Waste Line Lift Station or Blending Line In-Line Booster Pump Station
Under this task, West Yost will either design a lift station for the waste line to the Jennings WWTP or an in-line booster pump station for the blending line from South Modesto to Grayson. The decision as to which facility will be designed will be determined during the treatment alternative analysis conducted in Task 1. As described above, this scope assumes that the overall project will be bid in two packages:
• Pipeline Package. This includes all work associated with Task 12 for either a waste line from Grayson to the City’s Jennings WWTP or a blending line from South Modesto to Grayson. • Tank and Pump Stations Package. This includes all design work associated with Tasks 2 and 13 for the on-site treated water storage tank and pump station, and either a lift station for the waste line or an in-line booster pump station for the blending line.

Task 13.1 Prepare Basis of Design Report for Waste Line to Jennings WWTP or Blending Line from South Modesto to Grayson
West Yost will expand the BOD Report prepared in Task 1 to either include a lift station for the waste line to the City’s Jennings WWTP or an in-line booster pump station for the blending line to deliver potable water supplies from South Modesto to Grayson. The BOD Report will provide documentation, as appropriate, to support the design such as:
• Project description
• Agency coordination
— Stanislaus County coordination
— State Water Resources Control Board (SWRCB) coordination • Surveying and utility investigation
• Geotechnical investigation
• Traffic control considerations
• Recommended design criteria for hydrologic and hydraulic design • Design concepts and alternatives (i.e., alignment alternatives, potential utility conflicts, etc.), and verification of design flows
• Hydraulic modeling including recommended hydraulic controls and grade line calculations • Schedule implementation with identification of critical needs and project milestones • Class 4 Opinion of Probable Cost for the project
In addition, similar to Task 12, AWRS has been included to provide cost estimates associated with property acquisition for the up to three sites for the lift station/in-line booster pump station.

West Yost will organize and attend one workshop with City staff during the review period of the Draft BOD Report submittal to discuss and review progress and significant action items. West Yost will prepare and submit a meeting agenda, minutes, and a PowerPoint presentation (as applicable). West Yost will incorporate City comments from the Draft BOD Report to revise and submit a Final BOD Report.

EXHIBIT A
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City of Modesto
Grayson Water Infrastructure Project
16 N-M-C-MODESTO-WD-2022_GRAYSON-N
Task 13.2 Prepare Construction Drawings, Specifications, and Engineer’s Estimate
The pump station will be housed in the CMU building with metal roof, similar to the pump station building proposed under Task 2 without the restroom.

Proposed activities include:
• Prepare design drawings and technical specifications, meeting applicable Caltrans, County and City standards.
• Provide draft design drawings and technical specifications at the 35%, 75% and 90% review stage.
• Meet with City staff to review and discuss City comments on the design documents, modify documents as required to reflect comments received, and provide final design drawings and technical specifications.
• Submit an estimate of probable construction cost with each design submittal.

Task 13.3 Bid Period Services
Proposed activities for this task include:
• Assist the City with the bidding process, as requested by City • Participation in the pre-bid meeting
• Assist City in responding to bidder questions or issuing addenda, as required/if needed Task 13.4 Engineering Services During Construction
This task includes engineering services during construction for the in-line booster pump station or lift station depending on selected alternative.

Anticipated activities include:
• Attend regular onsite construction status meetings, led by the City’s construction management team.
• Respond to contractor’s requests for information (RFIs) (a total of 10 RFIs are assumed) • Review contractor’s shop drawings and other submittals, including material submittals, project schedule, and schedule of values (a total of 20 submittals and/or resubmittals are assumed).
• Review and comment on draft change orders; up to five (5) change orders are assumed. • Participate in final inspection, testing, start-up and commissioning, and make recommendations to the City regarding final project acceptance. • Review as-built drawings/redlines provided by contractor and prepare record drawings of the final project, which depict the conditions as documented by the Contractor and the City’s construction manager.

EXHIBIT A
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City of Modesto
Grayson Water Infrastructure Project
17 N-M-C-MODESTO-WD-2022_GRAYSON-N
Task 13 Assumptions
• This task will either include the design of a lift station for the waste line to the Jennings WWTP or the design of a booster pump station for the blending line to deliver potable water from South Modesto to Grayson. The determination as to which facility will be designed will be based on the findings and recommendations of the Treatment Alternative Analysis Report to be prepared in Task 1. • City staff will provide requested data, timely review of work products within three (3) weeks of receipt and be available to meet with West Yost.
• The City will prepare Divisions 00 and 01 of the Specifications. • It is assumed the City will provide construction management and inspection services. • The number of RFIs and submittals, and other reviews and meetings, are as noted in the task description above.

Task 13 Deliverables
• Basis of Design Report (Draft and Final)
• 35% PSE package
• 75% PSE Package
• 90% PSE Package
• Final PSE Package
• Final PSE Package with three (3) printed copies and a PDF copy, AutoCAD files of construction drawings, and Microsoft Word files for technical specifications. • Conformed Construction Drawings and Technical Specifications • Responses to RFIs and Submittals
• Record Drawings

EXHIBIT A
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Project Summary, Hours and Fee
West Yost EM/SM/GM II P/VP SE/SS/SG II PE/PS/PG II AE/AS/AG I AE/AS/AG I PE/PS/PG II CAD II TS I ADM II PE/PS/PG II PE/PS/PG II SE/SS/SG II AE/AS/AG II ESG II PE/PS/PG II PE/PS/PG II PE/PS/PG I QC Team Hours Fee PROJECT: Grayson Water System Infrastructure KGIES EDRAYER BVERA JWANLASS TNEWMAN JPAVICIC MYOUNG CADD SPECS ADMIN ASMITH CTHOMPSON ABROWN SGREENWOOD PIPE KLOY RMACLEAN MDAY Task 1 Preliminary Design and Data Collection
Subtotal, Task 1 (hours) 4 40 84 52 68 32 0 32 0 4 56 22 6 0 0 4 12 4 16 436 Subtotal, Task 1 ($) $ 1,376 $ 13,880 $ 23,520 $ 16,432 $ 15,504 $ 7,296 $ 5,792 $ 476 $ 17,696 $ 6,952 $ 1,680 $ 1,264 $ 3,792 $ 1,188 $ 5,056 $ 121,904 Task 2 Design and Preparation of Construction
Subtotal, Task 2 (hours) 2 32 134 208 200 12 66 320 62 5 188 72 0 0 0 0 0 0 60 1361 Subtotal, Task 2 ($) $ 688 $ 11,104 $ 37,520 $ 65,728 $ 45,600 $ 2,736 $ 20,856 $ 57,920 $ 11,346 $ 595 $ 59,408 $ 22,752 $ 19,064 $ 355,317 Task 3 Public Outreach
Subtotal, Task 3 (hours) 0 15 15 1 1 0 0 0 0 0 3 0 0 0 0 0 0 2 0 37 Subtotal, Task 3 ($) $ 5,205 $ 4,200 $ 316 $ 228 $ 948 $ 594 $ 11,491 Task 4 Permitting
Subtotal, Task 4 (hours) 0 4 16 4 8 8 0 0 0 0 8 0 0 0 0 0 0 8 0 56 Subtotal, Task 4 ($) $ 1,388 $ 4,480 $ 1,264 $ 1,824 $ 1,824 $ 2,528 $ 2,376 $ 15,684 Task 5 Environmental Clearance Documentation
Subtotal, Task 5 (hours) 0 16 16 0 0 0 0 0 0 0 0 0 0 0 0 0 0 16 0 48 Subtotal, Task 5 ($) $ 5,552 $ 4,480 $ 4,752 $ 14,784
Task 6 Bid Period Services
Subtotal, Task 6 (hours) 0 2 12 12 4 0 0 0 0 0 8 0 0 0 0 0 0 0 2 40 Subtotal, Task 6 ($) $ 694 $ 3,360 $ 3,792 $ 912 $ 2,528 $ 632 $ 11,918 Task 7 Engineering Services During Construction
Subtotal, Task 7 (hours) 0 16 116 120 124 12 8 0 4 0 80 16 0 0 0 0 24 0 40 560 Subtotal, Task 7 ($) $ 5,552 $ 32,480 $ 37,920 $ 28,272 $ 2,736 $ 2,528 $ 732 $ 25,280 $ 5,056 $ 7,584 $ 12,640 $ 160,780 Task 8 Project Management and Meetings
Subtotal, Task 8 (hours) 16 80 72 48 16 0 2 0 0 6 44 0 4 0 0 0 0 0 36 324 Subtotal, Task 8 ($) $ 5,504 $ 27,760 $ 20,160 $ 15,168 $ 3,648 $ 632 $ 714 $ 13,904 $ 1,120 $ 11,376 $ 99,986 Task 9 Progress Reporting per State Funding
Subtotal, Task 9 (hours) 0 58 72 0 0 60 0 0 4 0 0 0 0 0 0 0 0 96 0 290 Subtotal, Task 9 ($) $ 20,126 $ 20,160 $ 13,680 $ 732 $ 28,512 $ 83,210 Task 10 Provide Additional Support for DWSRF
Subtotal, Task 10 (hours) 0 8 8 0 0 80 0 0 60 0 0 0 0 0 0 0 0 96 0 252 Subtotal, Task 10 ($) $ 2,776 $ 2,240 $ 18,240 $ 10,980 $ 28,512 $ 62,748 Task 11 Provide Additional Research and Support for
Subtotal, Task 11 (hours) 0 4 4 0 0 60 0 0 0 4 0 0 0 0 0 0 0 22 0 94 Subtotal, Task 11 ($) $ 1,388 $ 1,120 $ 13,680 $ 476 $ 6,534 $ 23,198 Task 12 Design of Waste Line to Jennings WWTP or
Subtotal, Task 12 (hours) 0 26 40 34 0 0 0 0 0 0 0 0 214 389 520 0 0 0 40 1263 Subtotal, Task 12 ($) $ 9,022 $ 11,200 $ 10,744 $ 59,920 $ 95,305 $ 110,760 $ 12,640 $ 309,591 Task 13 Design of Waste Line Lift Station or Blending
Subtotal, Task 13 (hours) 2 14 72 160 42 170 54 180 38 0 0 0 0 0 0 0 0 0 0 732 Subtotal, Task 13 ($) $ 688 $ 4,858 $ 20,160 $ 50,560 $ 9,576 $ 38,760 $ 17,064 $ 32,580 $ 6,954 $ 181,200 TOTAL (hours) 24 315 661 639 463 434 130 532 168 19 387 110 224 389 520 4 36 244 194 5,493 TOTAL ($) $ 8,256 $ 109,305 $ 185,080 $ 201,924 $ 105,564 $ 98,952 $ 41,080 $ 96,292 $ 30,744 $ 2,261 $ 122,292 $ 34,760 $ 62,720 $ 95,305 $ 110,760 $ 1,264 $ 11,376 $ 72,468 $ 61,408 $ 1,451,811 Labor

EXHIBIT B
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Project Summary, Hours and Fee Costs
West Yost OD-LS OD-SV FINN ATEM JDH KLFD CORA HORZ EWNG PCM D&M AWRS Sub. Other Total PROJECT: Grayson Water System Infrastructure 10%
Task 1 Preliminary Design and Data Collection
Subtotal, Task 1 (hours)
Subtotal, Task 1 ($) $ 16,000 $ 8,000 $ 7,120 $ 5,500 $ 21,590 $ 54,050 $ 123,486 $ 300 $ 245,690 Task 2 Design and Preparation of Construction
Subtotal, Task 2 (hours)
Subtotal, Task 2 ($) $ 7,800 $ 50,000 $ 58,340 $ 15,000 $ 10,000 $ 155,254 $ 4,000 $ 514,571 Task 3 Public Outreach
Subtotal, Task 3 (hours)
Subtotal, Task 3 ($) $ 39,605 $ 43,566 $ 55,057
Task 4 Permitting
Subtotal, Task 4 (hours)
Subtotal, Task 4 ($) $ 15,684
Task 5 Environmental Clearance Documentation
Subtotal, Task 5 (hours)
Subtotal, Task 5 ($) $ 49,180 $ 54,098 $ 68,882
Task 6 Bid Period Services
Subtotal, Task 6 (hours)
Subtotal, Task 6 ($) $ 11,918
Task 7 Engineering Services During Construction
Subtotal, Task 7 (hours)
Subtotal, Task 7 ($) $ 1,200 $ 20,000 $ 74,840 $ 7,500 $ 113,894 $ 200 $ 274,874 Task 8 Project Management and Meetings
Subtotal, Task 8 (hours)
Subtotal, Task 8 ($) $ 300 $ 100,286
Task 9 Progress Reporting per State Funding
Subtotal, Task 9 (hours)
Subtotal, Task 9 ($) $ 83,210
Task 10 Provide Additional Support for DWSRF
Subtotal, Task 10 (hours)
Subtotal, Task 10 ($) $ 8,000 $ 8,800 $ 71,548
Task 11 Provide Additional Research and Support for
Subtotal, Task 11 (hours)
Subtotal, Task 11 ($) $ 23,198
Task 12 Design of Waste Line to Jennings WWTP or
Subtotal, Task 12 (hours)
Subtotal, Task 12 ($) $ 70,000 $ 44,000 $ 7,500 $ 293,390 $ 14,050 $ 60,000 $ 5,000 $ 543,334 $ 3,300 $ 856,225 Task 13 Design of Waste Line Lift Station or Blending
Subtotal, Task 13 (hours)
Subtotal, Task 13 ($) $ 6,500 $ 32,000 $ 20,820 $ 15,250 $ 7,500 $ 90,277 $ 271,477 TOTAL (hours)
TOTAL ($) $ 15,500 $ 86,000 $ 154,000 $ 161,120 $ 35,500 $ 330,230 $ 54,050 $ 71,230 $ 10,000 $ 39,605 $ 60,000 $ 12,500 $ 1,132,709 $ 8,100 $ 2,592,620

EXHIBIT B
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(Effective June 1, 2022 through December 31, 2024)

POSITIONS

ENGINEERING
Principal/Vice President $347
Engineer/Scientist/Geologist Manager I / II $329 / $344 Principal Engineer/Scientist/Geologist I / II $297 / $316 Senior Engineer/Scientist/Geologist I / II $266 / $280
Associate Engineer/Scientist/Geologist I / II $228 / $245 Engineer/Scientist/Geologist I / II $183 / $213
Engineering Aide $107
Field Monitoring Services $98
Administrative I / II / III / IV $94 / $119 / $142 / $157

ENGINEERING TECHNOLOGY
Engineering Tech Manager I / II $342 / $344
Principal Tech Specialist I / II $313 / $324
Senior Tech Specialist I / II $287 / $300
Senior GIS Analyst $260
GIS Analyst $246
Technical Specialist I / II / III / IV $183 / $209 / $235 / $262 Technical Analyst I / II $131 / $157
Technical Analyst Intern $106
Cross-Connection Control Specialist I / II / III / IV $136 / $148 / $166 / $186 CAD Manager $206
CAD Designer I / II $160 / $181

CONSTRUCTION MANAGEMENT
Senior Construction Manager $332
Construction Manager I / II / III / IV $202 / $217 / $230 / $292 Resident Inspector (Prevailing Wage Groups 4 / 3 / 2 / 1) $177 / $197 / $219 / $228 Apprentice Inspector $160
CM Administrative I / II $86 / $116
Field Services $228
2022 - 2024 Billing Rate Schedule

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

EXHIBIT B

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(Effective June 1, 2022 through December 31, 2024)
Equipment Charges

EQUIPMENT
2" Purge Pump & Control Box $270 / day
Aquacalc / Pygmy or AA Flow Meter $28 / day
Emergency SCADA System $35 / day
Gas Detector $80 / day
Generator $39 / day
Hydrant Pressure Gauge $10 / day
Hydrant Pressure Recorder, Impulse (Transient) $55 / day Hydrant Pressure Recorder, Standard $40 / day
Low Flow Pump Controller $75 / day
Powers Water Level Meter $32 / day
Precision Water Level Meter $19 / day
Stainless Steel Wire per foot $0.03 / day
Storage Tank $15 / day
Sump Pump $24 / day
Transducer Components (per installation) $23 / day
Trimble GPS – Geo 7x $220 / day
Tube Length Counter $22 / day
Turbidity Meter $22 / day
Vehicle $10 / day
Water Flow Probe Meter $20 / day
Water Quality Meter $27 / day
Water Quality Multimeter $185 / day
Well Sounder $30 / day

BILLING RATES
2022 - 2024 Billing Rate Schedule

EXHIBIT B

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CITY OF MODESTO

COUNCIL AGENDA REPORT
DATE OF MEETING:

November 1, 2022
Date: October 10, 2022
TO: Mayor & City Council
THROUGH: Joseph P. Lopez, City Manager
FROM: William Wong, Director of Utilities
SUBJECT: Engineering Services Agreement with West Yost Associates Groundwater Well Strategy Plan
CONTACT: Jim Alves, Senior Civil Engineer, [email protected], 209-571-5557 DESCRIPTION:

Consider approving an Agreement with West Yost Associates, Sacramento, CA, for Engineering Services for the development of a Groundwater Well Strategy Plan in a total amount not to exceed $110,990 and amending the Fiscal Year 2022/23 Multi-Year Program Budget. (Funding Source: Water Fund)
STRATEGIC PLAN ELEMENT:

BACKGROUND:

The City has completed, or is nearing completion of, the construction of several new wells as identified in the Water Engineering Study and Water Master Plan. The City has also been actively destroying wells that have reached the end of their useful life or have experienced water quality issues, including Wells 2, 14, 18, 22, 36, 37, 53 and 100. These destroyed wells account for approximately 13.3 million gallons per day of nominal production capacity that is no longer available to the City. With this reduction in water capacity, there is a need to plan out the City’s future water portfolio. Therefore, the City is looking for a strategy to help guide future capital expenditures associated with the rehabilitation of existing wells and drilling of new wells to recover the lost production capacity.

The City, through various other projects (e.g., Wellfield Optimization, Phases 1 and 2), has compiled several database files that contain much of the available information on its wells.

City Operations staff have proactively updated these database files and developed documentation of well conditions and potential actions. City staff has identified the need to #12..
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Council Meeting, November 1, 2022
Engineering Services Agreement with West Yost Associates Groundwater Well Strategy Plan

Page 2 of 3 ends

compile the information from the various sources and undertake a comprehensive and overall City-wide review of the status of the wells and assess overall water system priorities and constraints.

DISCUSSION:

In order to develop a Groundwater Well Strategy, it will be necessary to compile the available well information to develop and implement decision-support criteria and a methodology that the City can use on an ongoing basis to prioritize well projects.

An asset management framework is proposed. In this proposed approach, the consequences and likelihood of well failure are evaluated and used to set priorities and develop appropriate recommended actions, to which the City can then assign timelines and budgets. This proposed approach would address well rehabilitation and replacement projects to be implemented over the next five to ten years. It is envisioned that the City would reassess its well rehabilitation and replacement needs as water supply conditions and constraints change over the years.

Given the level of effort, resources, and expertise required to develop the asset management framework and strategy plan, staff is recommending the use of an engineering consultant.

Per Administrative Directive 3.1, the Utilities Director, at his direction, may secure a candidate firm if it is in the best interest of the City and if the firm has rendered satisfactory services with the City.

The City has previously retained West Yost to prepare the Water Master Plan and Engineer’s Report. West Yost has also rendered satisfactory engineering services in the past which included developing design drawings, specifications, cost estimates for both subsurface and surface improvements for the wells listed. Therefore, staff is recommending the use of West Yost Associates for the development of the Groundwater Well Strategy Plan.

The Agreement with West Yost will encompass the following scope of services:
 Task 1: Compile and Review Data
 Task 2: Develop and Implement Decision-Support Criteria and Methodology  Task 3: Develop Prioritized Recommendations
 Task 4: Project Management, Meetings, and Workshops
In accordance with Modesto Municipal Code 8-3.204(a) Exceptions to Formal Bidding Requirements, this Agreement is for professional services and, therefore, exempt from the bid requirement. Based on the consultant’s project team and previous experience, staff recommends the approval of an Agreement with West Yost Associates for engineering services for the creation of a Groundwater Well Strategy Plan.

FISCAL IMPACT:

A new non-capital project account will be created to track the expenses associated with this effort and will be funded in FY 2022/23 upon Council approval. #12..
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Council Meeting, November 1, 2022
Engineering Services Agreement with West Yost Associates Groundwater Well Strategy Plan

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ANTICIPATED ENGINEERING EXPENDITURES
Engineering Services Agreement – West Yost Associates $100,900 Additional Services (10%) if Needed $10,090
City Staff (15%) $15,135
TOTAL $126,125
COMMITTEE RECOMMENDATION:

This item was considered by the Economic Development Committee at the October 3, 2022 meeting where it was recommended that it be forwarded to Council.

RECOMMENDED COUNCIL ACTION:

Staff Recommendations:

Resolution approving an Agreement with West Yost Associates, of Sacramento, CA, for Engineering Services for the development of a Groundwater Well Strategy Plan in the amount of $100,900 for the identified Scope of Services, plus $10,090 in additional services, if needed, for a total amount not to exceed $110,990 and authorizing the City Manager, or his designee, to execute the Agreement.

Resolution amending the Fiscal Year 2022/23 Multi-Year Program Budget in the amount of $126,125 to be transferred into the Project from Water Fund Reserves in order to fund the development of a Groundwater Well Strategy Plan.

Approved by:

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

1. Resolutions (2)

2. West Yost – Agreement

3. West Yost – Exhibits to Agreement
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1 2022-XXX

MODESTO CITY COUNCIL
RESOLUTION NO. 2022-XXX

RESOLUTION APPROVING AN AGREEMENT WITH WEST YOST

ASSOCIATES, OF SACRAMENTO, CA, FOR ENGINEERING SERVICES FOR

THE DEVELOPMENT OF A GROUNDWATER WELL STRATEGY PLAN IN
THE AMOUNT OF $100,900 FOR THE IDENTIFIED SCOPE OF SERVICES, PLUS $10,090 IN ADDITIONAL SERVICES, IF NEEDED, FOR A TOTAL AMOUNT NOT TO EXCEED $110,990 AND AUTHORIZING THE CITY

MANAGER, OR HIS DESIGNEE, TO EXECUTE THE AGREEMENT
WHEREAS, the City has completed or is nearing completion of the construction of several new wells as identified in the Water Engineering Study and Water Master Plan; and
WHEREAS, the City has also been actively destroying wells that have reached the end of their useful life or have experienced water quality issues; and WHEREAS, the City is looking for a strategy to help guide future capital expenditures associated with the rehabilitation of existing wells and drilling of new wells to recover the lost production capacity; and
WHEREAS, given the level of effort, resources, and expertise required to develop the asset management framework and strategy plan, staff is recommending the use of an engineering consultant; and
WHEREAS, in accordance with Modesto Municipal Code 8-3.204(a) Exceptions to Formal Bidding Requirements, this Agreement is for professional services and, therefore, exempt from the bid requirement.

NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Modesto that it hereby approves an Agreement with West Yost Associates, of Sacramento, CA for Engineering Services for the development of a Groundwater Well Strategy Plan in the #12..
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2 2022-XXX
amount of $100,900, for the identified scope of services, plus $10,090 in additional services, if needed, for a total not to exceed amount of $110,990.

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

AYES: Councilmembers:

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 2022-

MODESTO CITY COUNCIL
RESOLUTION NO. 2022-
RESOLUTION AMENDING THE FISCAL YEAR 2022/23 MULTI-YEAR
PROGRAM BUDGET IN THE AMOUNT OF $126,125 TO BE TRANSFERRED

INTO THE PROJECT FROM WATER FUND RESERVES IN ORDER TO FUND

THE DEVELOPMENT OF A GROUNDWATER WELL STRATEGY PLAN
WHEREAS, certain budgetary transactions are necessary in the amount of $126,125, in order to fund the development of a Groundwater Well Strategy Plan; and WHEREAS, the Fiscal Year 2022/23 Multi-Year Program Budget must be amended.

NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Modesto that it hereby approves the amendment of the Fiscal Year 2022/23 Multi-Year Program Budget in the amount of $126,125.

BE IT FURTHER RESOLVED that the City Manager, or his designee, is hereby authorized to implement the provisions of this resolution. #12..
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2 2022-
The foregoing resolution was introduced at a regular meeting of the Council of the City of Modesto held on the 1st of November 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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ENGINEERING SERVICES AGREEMENT FOR THE PREPARATION OF

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

This Agreement is made with regard to the following recitals:

A. The City has determined that Engineering Services are necessary for the preparation of a Groundwater Well Strategy Plan.

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

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

1. SCOPE OF SERVICES.

2. TERM OF AGREEMENT.

This Agreement is effective as of the date first written above and will continue in effect until City's acceptance of and payment for all services authorized by City and #12..
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performed by Consultant, unless terminated earlier in accordance with the provisions of the termination clause in this Agreement.

3. COMPENSATION.

Consultant agrees to accept a sum not to exceed ONE HUNDRED THOUSAND NINE HUNDRED AND 00/100 DOLLARS ($100,900) (maximum compensation) as full remuneration for performing all services and furnishing all staffing and materials for Modesto in accordance with Exhibit "A" attached hereto and for performance by Consultant of all of its duties and obligations under this Agreement, except that additional services may be compensated as described below.

The Compensation shall be paid pursuant in the manner and at the times set forth below:

City shall pay Consultant on a time and materials basis for Consultant’s actual costs for all work called for in Exhibit “A” to this Agreement. All work to be performed under this Agreement shall be billed at the hourly rates set forth in Exhibit “B” attached hereto, Consultant shall submit monthly invoices to City which include detailed tasks, hours worked, and billable rates for all work completed, and detailed receipts for any out-of-pocket costs paid by Consultant in connection with work performed on this project. #12..
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Additional services may be authorized by the City Manager in an amount up to, but not to exceed ten percent (10%) of the agreed maximum compensation, or TEN THOUSAND NINETY AND 00/100 DOLLARS ($10,090). In the event that additional services are deemed necessary, the Consultant shall provide a written request to the City Manager indicating the reason for additional work, scope and cost of such work. The City Manager shall provide a written response to the request, either approving or denying the additional expenditure. If additional services are requested and approved, they will be billed at the hourly rates set forth in Exhibit “B” and may not exceed the amount requested and approved in writing by the City Manager. In that event, the new total compensation shall not exceed ONE HUNDRED TEN THOUSAND NINE HUNDRED NINETY AND 00/100 DOLLARS ($110,990). If additional services in excess of this amount are deemed necessary by City Staff, an amendment to this Agreement will be required and must be approved by the City Council prior to commencing the work, as provided in Paragraph 9 of this Agreement.

4. OBLIGATIONS OF CONSULTANT.

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

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

6. OWNERSHIP OF DOCUMENTS/TITLE TO DATA.

7. NEWS AND INFORMATION RELEASE.

8. INTEREST OF CONTRACTOR.

9. AMENDMENTS.

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

10. INDEPENDENT CONTRACTOR.

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

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

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

11. ASSIGNMENT.

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

12. PATENT/COPYRIGHT MATERIALS.

13. NOTICES.

FOR CONSULTANT: Name: West Yost Associates
Address: 8950 Cal Center Drive
Building 1, Suite 363
Sacramento, CA 95826
Attention: Roberto Vera
Phone: (916) 306-2250
Email: [email protected]
FOR CITY: Name: City of Modesto
Address: 1010 10th Street
Suite 4600
Modesto, CA 95354
Attention: Jim Alves
Phone (209) 571-5557
Email: [email protected]

14. INSURANCE REQUIREMENTS.

The Consultant shall provide at its own expense and maintain at all times the following insurance with insurance companies licensed in the State of California and shall #12..
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provide evidence of such insurance to the City as may be required by the Risk Manager of the City. The policies or certificates thereof shall provide that, thirty (30) days prior to cancellation or material change in the policy, notices of same shall be given to the Risk Manager of the City by certified mail, return receipt requested, for all of the following stated insurance policies.

In the event the certificates of insurance required hereunder do not provide for notice of cancellation to the certificate holder and/or additional insureds, the Consultant shall provide, and shall require its subcontractors to provide, as an express condition precedent to payment hereunder, an endorsement from their insurers providing that the additional insureds identified herein shall be provided 30 days notice of the cancellation on the policies of insurance required hereunder (10 days notice if the policies are cancelled for non-payment of premium). In addition, the named insured on all such policies shall provide to the additional insureds identified herein any notices of cancellation of said insurance policies within 5 business days of receipt of such notice. The Consultant shall, as a further express condition precedent to payment for work performed, affirm under penalty of perjury that the required insurance on the project remains in place and said insurance has not been cancelled.
(a) Worker's Compensation - in compliance with the statutes of the State of California, plus employer's liability with a minimum limit of liability of $1,000,000. (b) General Liability insurance with a minimum limit of liability per occurrence of $1,000,000 for bodily injury and property damage. If Commercial General Liability Insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit. This insurance shall indicate on the certificate of insurance the following coverages and indicate the policy aggregate limit applying to: premises #12..
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and operations; broad form contractual; independent consultants and subcontractors; products and completed operations as applicable.
(c) Automobile Liability insurance with a minimum limit of liability per occurrence of $1,000,000 for bodily injury and property damage. This insurance shall cover any automobile for bodily injury and property damage.
(d) Professional Liability insurance with a minimum limit of $1,000,000 per claim and policy aggregate. If coverage is on a claims made basis it shall be maintained for at least three (3) years following completion of the work.

Failure of the Consultant to obtain and/or maintain any required insurance shall not relieve the Consultant from any liability under this Agreement, nor shall the insurance requirements be construed to conflict with or otherwise limit the obligations of the Consultant concerning indemnification. The City, its agents, officers, employees, and volunteers shall be named as an additional insured on all insurance policies required herein, except Workers' Compensation and Professional Liability. The Workers' Compensation insurer shall agree to waive all rights of subrogation against the City, its agents, officers, employees, and volunteers for losses arising from work performed by Consultant for the City. The Consultant's insurance policy(ies) shall include a provision that the coverage is primary as respects the City; shall include no special #12..
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limitations to coverage provided to additional insured; and, shall be placed with insurer(s) with acceptable Best's rating of A:VII or with approval of the Risk Manager. The Consultant must deliver certificates evidencing existence of the insurance listed above to the City prior to the time the contract is signed.

15. TERMINATION OF AGREEMENT.

Termination by City for Default of Consultant
Should Consultant default in the performance of this Agreement or materially breach any of its provisions, at its option, City may terminate this Agreement by giving written notification to Consultant. The termination date shall be the effective date of the notice. For the purposes of this section, material breach of this Agreement shall include, but not be limited to, any of the following: failure to perform required services or duties, willful destruction of City's property by Consultant, dishonesty or theft. #12..
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Termination by City for Convenience
The City may also terminate the Consultant's performance under the Agreement, either in whole or in part, at its own discretion, or when conditions encountered during the Work make it impossible or impracticable to proceed, or when the City is prevented from proceeding with the Agreement by act of God, by law, or by official action of a public authority, or upon a determination by the City that such termination is in the best interest and convenience of the City, or whenever the City is prohibited from completing the Work for any reason. The City shall provide no less than ten (10) calendar days written notice of its intent to terminate the Agreement for convenience, and shall endeavor to provide the Consultant with consultation with the City prior to termination.

Post-Termination Procedure
Upon receipt of a written notice of termination pursuant to either of the foregoing paragraphs, the Consultant shall:
a. Cease its work as directed in the notice of termination as of the termination date and see to it that its employees, subconsultants and agents are notified of such termination and act as specified in the notice of termination;
b. Terminate all orders and Subcontractors except as necessary to complete any portion of the Work that is not terminated; c. If directed in writing by the City to do so, assign all right, title and interest in subcontracts and materials in progress to City, in which case the City will have the right at its discretion to settle, or pay any or all claims arising out of the termination of such #12..
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subconsultants, but in no event shall recovery by any Consultant or subconsultant include lost profits for portions of the Work not completed or undertaken, including materials not delivered; d. Deliver or otherwise make available to the City all data, drawings, specifications, reports, estimates, summaries and such other information and material as may have been accumulated by the Consultant in performing the Work whether completed or in process; e. Settle outstanding liabilities and claims, subject to the approval of City;
f. Complete performance of such part of the Work as has not been terminated;
g. Take such other actions as may be necessary, or as may be directed by the City for the protection and preservation of the Work and/or property related to the Work;
h. If City so requests, and at City's cost, Consultant shall provide sufficient oral or written status reports to make City reasonably aware of the status of Consultant's work on the project. i. The Consultant understands and agrees that City may, in City's sole discretion, refuse to pay Consultant for that portion of Consultant's services which were performed by Consultant on the project prior to the termination date and which remain
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City will pay Consultant an amount based on the percentage of satisfactory work completed in accordance with the notice of termination. The final payment to the Consultant after termination for convenience shall be limited to amounts due and owing under the Agreement at time of termination, including the following:
a. The cost of settling and paying valid claims arising out of the termination of the Work such as subconsultant agreements or contracts for materials;
b. The Agreement price allocable to the portion of the Work properly performed or goods supplied to the work site by the Consultant as of the date of termination, as determined in accordance with the notice of termination, reduced by any sums previously paid to the Consultant.

16. CERTIFIED PAYROLL REQUIREMENT.

17. INDEMNITY.

18. DISPUTE RESOLUTION.

All claims, controversies, or disputes arising out of, or relating to the formation of this Agreement, or the breach, termination execution, enforcement, interpretation, or validity of this Agreement, including the determination of the scope or applicability of this contract provision shall be determined by binding arbitration in Modesto, California by one arbitrator, except as otherwise specified in this Agreement. The American Arbitration #12..
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Association shall administer the arbitration under its Arbitration Rules then in effect, subject to the modifications of those rules contained in this paragraph. This agreement to arbitrate shall be specifically enforceable under the prevailing law of any court having jurisdiction, and the award rendered by the arbitrator may be entered in any court having jurisdiction. The appropriate venue for any arbitration or court proceeding relating to or arising out of this provision shall be in Stanislaus County, California.

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

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

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

19. ENTIRE AGREEMENT.

20. PARTIAL INVALIDITY.

21. WAIVER.

22. AUDIT.

23. GOVERNING LAW.

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

24. HEADINGS NOT CONTROLLING.

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

25. COMPLIANCE WITH LAWS.

26. CITY BUSINESS LICENSE.

Consultant will have a City of Modesto business license. #12..
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IN WITNESS WHEREOF, the City of Modesto, a municipal corporation, has authorized the execution of this Agreement in duplicate by its City Manager and attestation by its City Clerk under authority of Resolution No. 2022- , adopted by the Council of the City of Modesto on the day of , 2022, and WEST YOST ASSOCIATES has caused this Agreement to be duly executed in duplicate as of the Effective Date. #12..
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8950 Cal Center Drive
Bldg. 1, Suite 363
Sacramento CA 95826
916.306.2250 phone
530.756.5991 fax
westyost.com
May 24, 2022 SENT VIA: EMAIL
Jim Alves, PE
Senior Civil Engineer – Water Resources
City of Modesto Utilities Department
P.O. Box 642
1010 10th Street
Modesto, CA 95353
SUBJECT: Proposal for Engineering Services - Groundwater Well Rehabilitation and Replacement Program Prioritization
Dear Jesse:

West Yost Associates (West Yost) is pleased to present this proposal to the City of Modesto (City) to develop and implement a methodology for prioritizing the City’s most important municipal wells and provide recommendations for rehabilitation and replacement projects necessary to maintain critical well capacity over the next five to ten years.

PROJECT UNDERSTANDING AND APPROACH
The City has completed or is nearing completion of the construction of several new wells (i.e., Well 67 at Grogan Park, Well 68 in Del Rio, Well 70 in Del Rio, and Well 72 replacement of Well 229). The City has also been actively destroying wells that have reached the end of their useful life, including Wells 2, 14, 18, 22, 36, 37, 53 and 100, which total approximately 13.3 million gallons per day (mgd) of nominal production capacity that is no longer available to the City. Therefore, the City is looking for a “road map” to help guide future capital expenditures, to rehabilitate existing wells and to recover the lost production capacity.

The City, through various other projects (e.g., Wellfield Optimization, Phases 1 and 2), has compiled several database files that contain much of the available information on its wells. City Operations staff have updated these database files and developed an additional file documenting well condition and potential actions. City staff has identified the need to compile the information from the various sources and undertake a holistic review of the status of the wells and assess overall water system priorities and constraints.

West Yost’s approach for assessing the wells consists of compiling the available information provided by the City and collaborating with City staff to develop and implement decision-support criteria and a methodology that the City can use on an ongoing basis to prioritize well projects. An asset management framework is proposed. In this proposed approach, the consequences and likelihood of well failure are evaluated and used to set priorities and develop appropriate recommended actions, to which the City can then assign timelines and budgets.

EXHIBIT A
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Jim Alves, PE
May 24, 2022

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This proposed approach would address well rehabilitation and replacement projects to be implemented over approximately the next five to ten years. It is envisioned that the City would reassess its well rehabilitation and replacement needs as water supply conditions and constraints (i.e., production capacity, regulatory environment, supply need/system demand, etc.) change over the years.

Development of the decision-support criteria, scoring and prioritization of the wells, and development of a recommended action plan will be an iterative process incorporating input from City Engineering and Operations staff.

The following proposed scope of services implements our proposed approach.

SCOPE OF SERVICES
Our proposed scope of services consists of the following four tasks:
 Task 1: Compile and Review Data
 Task 2: Develop and Implement Decision-Support Criteria and Methodology  Task 3: Develop Prioritized Recommendations
 Task 4: Project Management, Meetings, and Workshops
These tasks are discussed in detail in the sections below.

Task 1: Compile and Review Data
In this task, West Yost will compile and review pertinent well construction and performance data provided by City staff. The City has provided several database files containing well information. These files will be consolidated and reviewed under this task. Data gaps will be identified, and any missing information will be requested in writing from the City.

Task 1 Assumptions:

West Yost will not create or search for missing data. All data will be provided by City staff to the extent data are available. Data will consist of well construction records, well rehabilitation and modification records (including pump rehabilitation or replacement), installed pump curves, wire-to-water efficiency test results, pump test results, summarized production data and summarized water quality data. The data review will be conducted at a relatively high level for the purpose of scoring the wells in subsequent tasks.

Detailed review of well-specific records (e.g., video logs, production data, and water quality data) is not included.

Task 1 Deliverables:

A description of the data collection method and data collected will be included in the Task 3 TM.

EXHIBIT A
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May 24, 2022

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Task 2: Develop and Implement Decision Support Criteria and Methodology
In this task, West Yost will develop and implement the decision-support criteria and methodology needed to assist the City with prioritizing well replacement and rehabilitation projects. The decision-support criteria and methodology will make use of the information compiled under Task 1 and the City’s historical and institutional knowledge of each well.

The decision-support criteria and methodology will be developed in close coordination with City staff.

Decision-support criteria will be developed to assess the consequence and likelihood of failure for the wells. Criteria to assess the risk of failure will be developed for all of the wells deemed relevant by City.

West Yost will develop the preliminary criteria and weighting, which will be reviewed and refined during a workshop (Workshop 1) with City staff. Additional criteria and weighting may be developed during the workshop.

After this workshop (Workshop 1), West Yost will score and rank the wells based on the compiled data and historical and institutional knowledge. Likelihood and consequence factors will be combined to create an overall risk/prioritized list of wells in need of some sort of action (i.e., either be replaced or rehabilitated). A workshop (Workshop 2) will be convened to review and refine the preliminary raking.

The rankings and prioritization will be caried forward to Task 3 to identify recommended actions. Using information obtained during the outset of the project, West Yost will prepare more detailed recommendations for the top ten highest priority wells. If some projects are immediately obvious during Task 2, West Yost will communicate these projects to City staff so that work can begin as soon as possible.

Task 2 Deliverables:

A draft and final Excel spreadsheet that includes evaluation criteria and weighting criteria to rank the wells as the weighting criteria and scores are changed.

EXHIBIT A
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Task 3: Develop Prioritized Recommendations
Under this task, West Yost will prepare rehabilitation and replacement recommendations (assumed to be implemented within the next five to ten years). The calculated scores will be ranked and reviewed with City staff (both via the spreadsheet and spatially in GIS). Results will be discussed in a workshop (Workshop 3) with the City to determine if scoring and/or weighting needs to be adjusted to further refine the prioritization of wells and recommended actions. Scoring will be further enhanced by including an estimate of probable capital cost to determine whether ranking should be further adjusted. Opinions of probable costs will be prepared as Class 5 estimates, in accordance with the Association for the Advancement of Cost Engineering classifications. Recommended action plans for the ten highest ranked wells will consider previous recommendations (i.e., recommendations contained in the Phase II Wellfield Optimization report) and City Operations staff input. Possible action plans may include:
 No recommendations at this time
 Further evaluation is needed to define recommendations  Rehabilitation and/or redevelopment is recommended to extend the useful life of the well  Abandonment and replacement of the existing well on the current or a new site A draft TM summarizing the evaluation and recommendations will be prepared for review and comment by City staff. Following receipt of comments, a final TM will be prepared for the City’s use.

Task 3 Deliverables:

A technical memorandum describing the results of Tasks 1, 2 and 3. Following City review of the draft TM and a workshop, and receipt of consolidated City comments on the draft TM, West Yost will prepare a final TM and prioritized list for City use.

Task 4: Project Management, Meetings, and Workshops
West Yost will initiate the project with the City’s project manager and manage project activities for the duration of the project. Activities include West Yost internal project controls, monthly invoices including a brief summary of work completed during the billing period, management of the project team and coordination with City staff. Prior to project initiation, West Yost will review our current files and prepare and submit an initial data request, if needed.

The project will start with a kickoff conference call with the City’s project manager and the West Yost project manager, and others as needed. During the project initiation call, West Yost will review the overall project work plan and schedule, clarify any questions related to the data request, and discuss upcoming workshops. At this meeting, we will also prepare for the workshops, identify the City’s internal and external stakeholder group members, and set dates for workshops and project status calls as required.

The City project manager and the West Yost project manager will meet less formally on a regular bi-weekly basis to discuss project progress and any issues that may arise.

EXHIBIT A
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In addition to the kickoff meeting, the following three workshops are currently assumed:
 Workshop 1. This workshop will be conducted to review and refine the proposed evaluation criteria and weighting (see Task 2).
 Workshop 2. This workshop will be conducted to review and refine the initial ranking of well rehabilitation or replacement priority (see Task 2).
 Workshop 3. This workshop will be conducted to review and refine the draft TM documenting the assessment and recommendations (see Task 3).

These workshops are assumed to be in-person meetings, but accommodations to conduct these meetings virtually due to COVID-19 restrictions on gatherings can be made as necessary.

Task 4 Assumptions:

One virtual kick-off meeting, three in-person workshops, up to 8 conference calls.

Task 4 Deliverables:

Workshop materials and handouts, meeting agendas.

SCHEDULE
Table 1 below illustrates the anticipated schedule.

Table 1. Anticipated Schedule
Task
Weeks from Notice to Proceed
1 2 3 4 5 6 7 8 9 10 11 12 13 14
Compile and Review Data
Develop and Implement Decision Support
Criteria and Methodology

Develop Prioritized Recommendations
Initial Scoring
Refined Scoring
Draft TM
City Review Period
Final TM
Project Management, Meetings and Workshops
Kickoff Meeting
Workshop 1
Workshop 2
Workshop 3

EXHIBIT A
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BUDGET
West Yost proposes to perform these services on a time and expenses basis in accordance with our 2022 billing rate schedule (Attachment A). The estimated not-to-exceed cost to perform the proposed scope of work is $100,900. Table 2 provides a summary of the estimated level of effort and costs by task. West Yost will not bill beyond the authorized budget amount without written approval from the City.

Table 2. Summary Estimated Level of Effort and Costs by Task Task Level of Effort, hours
Estimated
Hours
Estimated
Budget,
dollars
Task 1. Compile and Review Data 42 10,200
Task 2. Develop and Implement Decision Support Criteria and Methodology 76 21,100 Task 3. Develop Prioritized Recommendations 186 51,000
Task 4. Project Management, Meetings, and Workshops 64 18,600 Total Project Hours and Budget 368 $100,900
We appreciate the opportunity to continue to work with the City of Modesto and look forward to providing these proposed services. Please contact me at 209-996-0756 or [email protected] or Elizabeth Drayer at 650-740-3762 or [email protected] if you have any questions or need additional information.

Sincerely,

WEST YOST
Roberto Vera, PE Elizabeth Drayer, PE
Senior Engineer / Project Manager Vice President and Principal-in-Charge RCE #83500 RCE #46872

EXHIBIT A
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(Effective January 1, 2022 through December 31, 2022)*

POSITIONS

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

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

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

EXHIBIT B

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

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

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

EXHIBIT B

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CITY OF MODESTO

COUNCIL AGENDA REPORT
DATE OF MEETING:

November 1, 2022
Date: October 4, 2022
TO: Mayor and City Council
THROUGH: Joseph P. Lopez, City Manager
FROM: Jaylen French, Director of Community and Economic Development SUBJECT: GPA-22-002/SPA-22-001: General Plan Land Use Element Amendment and Amendment No. 3 to the Tivoli Specific Plan
CONTACT: Katharine Martin, Senior Planner, [email protected], 209-577-5465 DESCRIPTION:

Hearing to consider the application of the Arcadia Development Company for a proposed Amendment to the City of Modesto Urban Area General Plan, to amend 25 acres from Regional Commercial (RC) to Residential (R), and to consider a proposed Amendment to the Tivoli Specific Plan, to amend 25 acres from Regional Serving Commercial (RSC) uses to Low Density Residential (LDR-15) and 29.3 acres from Medium Density Residential (MDR) to Low Density Residential (LDR-14) for properties located east of Oakdale Road and north of Mable Avenue, and southeast of future Aria Way and north of McReynolds Ave. (Funding Source:

Developer Funded).

STRATEGIC PLAN ELEMENT:

The proposed General Plan and Specific Plan Amendment is consistent with the City Council 2020-2025 Strategic Plan, Goal E: Drive Economic Vitality, by allowing for additional acreage within the Tivoli Specific Plan for residential uses including a variety of housing types.

BACKGROUND:

The 454-acre Tivoli Specific Plan (Specific Plan), bounded by the future extension of Claratina Avenue to the north, Sylvan Avenue to the south, Oakdale Road to the west and Roselle Avenue to the east, was adopted by the City Council on February 26, 2008 by Ordinance No. 3479-C.S. The Specific Plan provides for uses including commercial, school, parks, and residential development of a variety of densities as outlined by the land use diagram and development standards of the Specific Plan. Similar to the Village One Specific Plan to the south, the Tivoli Specific Plan is divided into multiple Area Plans. Each Area Plan would ensure that the street circulation, utility infrastructure, land use, density and project design are planned for the area and would conform to the principles of the Specific Plan, and requires adoption by the Planning Commission prior to development. The Specific Plan also provides for Planning Commission consideration of small-lot residential development proposals, by a Final Development Plan also adopted by the Commission.
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City Council, November 1, 2022
GPA-22-002/SPA-22-001: General Plan Land Use Element Amendment and Amendment No. 3 to the Tivoli Specific Plan

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On April 5, 2022, the Arcadia Development Company submitted a multi-part application to implement the development of Tivoli Area Plan No. 7, generally located north of the existing City of Modesto water well and storage site and southeast of the future extension of Aria Way. The application included a Vesting Tentative Subdivision Map and Final Development Plan to develop the northerly 29.3 acres of the Area Plan into 141 single-family residential lots, of which 68 lots are small-lot residential lots. The overall density of the tentative subdivision map is 5.85 units per acre.

However, the Specific Plan’s land use diagram designates this 29.3-acre portion of the Area Plan as Medium Density Residential uses, with a minimum standard of eight (8) units per acre.

The project proposes a lesser residential density; therefore, the applicant proposes to amend the land use diagram of the Specific Plan to allow for Low Density Residential uses within Area Plan No. 7. To make up for the lost density, the applicant is also proposing to further amend the Specific Plan’s land use diagram to change 25 acres from Regional Serving Commercial (RSC) to Low Density Residential (LDR). The 25-acre RSC portion of the Specific Plan is also designated as Regional Commercial (RC) in the City’s General Plan Land Use Element, necessitating a General Plan amendment to facilitate the amendment of the Specific Plan. #13..
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Adopted Specific Plan Land Use Diagram
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Specific Plan Land Use Diagram as amended
DISCUSSION:

California Senate Bill 330 (“Housing Crisis Act of 2019”), signed into law on October 9, 2019, disallows the reduction of allowed residential density without the concurrent replacement of density elsewhere in the jurisdiction, until January 1, 2025. Since the Vesting Tentative Subdivision Map does not meet the density requirements of the Medium Density Residential use of the Tivoli Specific Plan, the applicant proposes replacement of the difference by amending 25 acres designated as Regional Serving Commercial (RSC) within the Specific Plan as Low Density Residential (LDR No. 13) to comply with SB 330. As the underlying General Plan land use designation of the same 25 acres is Regional Commercial (RC), the project also proposes an amendment to the Land Use Element of the General Plan to change the designation to Residential (R).

As conditions of approval, both the Vesting Tentative Subdivision Map and the Final Development Plan require adoption of the General Plan and Specific Plan amendments before recordation of a Final Map.

FISCAL IMPACT:

The project is developer funded. All applicable fees will be levied at the time of development.

COMMITTEE RECOMMENDATION:

The Planning Commission heard the item at its regularly scheduled meeting of October 3, 2022, and unanimously approved the Area Plan, Vesting Tentative Subdivision Map, and Final #13..
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Page 5 of 6 ends

Development Plan, and recommended City Council approval of the General Plan and Specific Plan amendments.

CEQA/NEPA REQUIREMENTS:

A Negative Declaration was prepared for this project, which references and uses information from the Tivoli Specific Plan Final EIR (SCH 2005072125), and the City of Modesto Urban Area General Plan Master EIR (SCH 2014042081) where applicable. The Initial Study, Environmental Assessment No. EA/C&ED 2022-20, analyzed the potential environmental effects of the proposed amendments and determined that, on the basis of the whole record before it, that there is no substantial evidence that the amendments will have a significant effect on the environment, and that a Negative Declaration be adopted.

RECOMMENDED COUNCIL ACTION:

Staff Recommendations:

Resolution approving an amendment to the Modesto Urban Area General Plan to change the land use designation of 25 acres from Regional Commercial (RC) uses to Residential (R), property located north of Mable Avenue and east of Oakdale Road.

Resolution approving Specific Plan Amendment No. 3 to the Tivoli Specific Plan, to change the land use designation of 25 acres from Regional Serving Commercial (RSC) to Residential (R), and 29.3 acres from Medium Density Residential (MDR) to Low Density Residential (LDR).

Resolution adopting a Negative Declaration for a General Plan Amendment to change the land use designation of 25 acres from Regional Commercial (RC) to Residential (R), property located north of Mable Avenue and east of Oakdale Road, together with Amendment No. 3 to the Tivoli Specific Plan to change the land use designation of 25 acres from Regional Serving Commercial (RSC) to Low Density Residential (LDR), and 29.3 acres from Medium Density Residential (MDR) to Low Density Residential (LDR) in the Land Use Diagram of the Specific Plan.

Approved by:

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

1. Resolution to Amend General Plan
a. Exhibit A: Amendment to Land Use Diagram of General Plan

2. Resolution to Amend Tivoli Specific Plan
a. Exhibit A: Amendment No. 3 to Tivoli Specific Plan
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3. Resolution to adopt Negative Declaration
a. Exhibit A: Initial Study EA/C&ED No. 2022-20

4. Planning Commission Resolution No. 2022-25, October 3, 2022

5. Planning Commission Resolution No. 2022-26, October 3, 2022

6. Planning Commission Staff Report, October 3, 2022

7. Planning Commission Pertinent Parties, October 3, 2022

8. Financial Interest Disclosure Form
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MODESTO CITY COUNCIL
RESOLUTION NO. 2022-

RESOLUTION APPROVING AN AMENDMENT TO THE MODESTO URBAN
AREA GENERAL PLAN TO CHANGE THE LAND USE DESGINATION OF 25

ACRES FROM REGIONAL COMMERCIAL (RC) TO RESIDENTIAL (R),

PROPERTY LOCATED NORTH OF MABLE AVENUE AND EAST OF
OAKDALE ROAD.

WHEREAS, on March 5, 2019, the City Council of the City of Modesto certified the Final Master Environmental Impact Report (“Master EIR”) (SCH No. 2014042081) for the Modesto Urban Area General Plan; and
WHEREAS, a new General Plan for the City of Modesto entitled “City of Modesto Urban Area General Plan”, as recommended by the Modesto City Planning Commission, was adopted by the Council of the City of Modesto by Resolution No. 95- 409 on August 15, 1995; and
WHEREAS, said General Plan has been amended by Modesto City Council Resolution Nos. 95-584, 96-20, 96-338, 96-639, 97-3, 97-137, 97-158, 98-293, 99-162, 99-564, 2000-303, 2000-633, 2001-47, 2001-476, 2002-154, 2002-526, 2003-101, 2003- 122, 2004-233, 2005-70, 2007-066, 2007-599, 2008-142, 2008-583, 2009-419, 2011- 253, 2011-254, 2011-435, 2012-430, 2014-17, 2014-422, 2015-262, 2016-34, 2017-21, 2019-109, 2022-100 and 2022-193, copies of which are on file in the office of the City Clerk; and
WHEREAS, Government Code Section 65358 permits the amendment of General Plans by the legislative body; and
WHEREAS, the Arcadia Development Company has applied for an amendment to the General Plan to change the land use designation of 25 acres from Regional #13..
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Commercial (RC) to Residential (R), property located north of Mable Avenue and east of Oakdale Road; and
WHEREAS, the Community & Economic Development Department has analyzed the proposed amendment and concluded that the amendment to the Land Use Diagram would allow for the development of new residential uses consistent with the Residential land use designation; and
WHEREAS, the City of Modesto prepared an Initial Study (Environmental Assessment C&ED/EA 2022-20) that evaluated the environmental impacts of the project, and based on the Initial Study conclusion that there would not be any significant impacts on the environment, a Negative Declaration has been prepared for the project; and WHEREAS, on October 3, 2022, the Planning Commission held a duly noticed public hearing in the Tenth Street Place Chambers located at 1010 Tenth Street, Modesto, California, relating to this proposed amendment to the Modesto Urban Area General Plan to change the land use designation of 25 acres from Regional Commercial (RC) to Residential (R), property located north of Mable Avenue and east of Oakdale Road; and WHEREAS, after said public hearing, the Planning Commission adopted Resolution No. 2022-25, recommending to the City Council an amendment to the Modesto Urban Area General Plan to change the land use designation of 25 acres from Regional Commercial (RC) to Residential (R); and
WHEREAS, said matter was set for a public hearing of the City Council to be held on November 1, 2022, in the Tenth Street Place Chambers located at 1010 Tenth Street, Modesto, California, at which date and time said duly noticed public hearing of #13..
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the Council was held for the purpose of receiving public comment on the proposed amendment to the Modesto Urban Area General Plan Land Use Diagram.

NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Modesto that it hereby finds and determines that the proposed amendment to the Modesto Urban General Plan to as described in Exhibit “A”, attached hereto and incorporated herein by reference, is required for the public health, safety, and welfare of the citizens of Modesto.

BE IT FURTHER RESOLVED by the Council of the City of Modesto that it hereby adopts the proposed amendment to the Urban Area General Plan as described in Exhibit “A”, attached hereto and incorporated herein by reference.

BE IT FURTHER RESOLVED by the Council of the City of Modesto that the Community and Economic Development Department Director is hereby authorized and directed to forward certified copies of this resolution and said amendment to the Urban Area General Plan to the Board of Supervisors, and file a Notice of Determination within five (5) business days with the Stanislaus County Clerk pursuant to Section 21152 of the Public Resources Code.

The foregoing resolution was introduced at a regular meeting of the Council of the City of Modesto held on the 1st day of November 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: ____________________________
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November 1, 2022/C&EDD/Katharine Martin 4 2022-
DIANE NAYARES-PEREZ, City Clerk
(SEAL)
APPROVED AS TO FORM:

By: __________________________________________
JOSE M. SANCHEZ, City Attorney

EXHIBIT A
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#13..
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VLDR-1
TANK
SCHOOL
RSC-2
RSC-1
PO-1
PARK
NC-3
NC-2
NC-1
MHDR-5
MHDR-4
MHDR-3
MHDR-2
MHDR-1
MDR-4
MDR-1
LDR-9
LDR-8
LDR-7
LDR-6
LDR-5
LDR-4
LDR-3
LDR-2
LDR-14
LDR-13
VLDR-3
LDR-11
LDR-10
LDR-1
GC-1
LDR-12
EVLDR-2
EVLDR-1
EVLDR-1
VLDR-2
EVLDR-3

MEDIUM HIGH DENSITY RESIDENTIAL
(MHDR) (18-24 DU/AC)

NEIGHBORHOOD PARK/STORM BASIN
PASEO

ELEMENTARY SCHOOL SITE

TIVOLI SPECIFIC PLAN

MODESTO, CALIFORNIA

LAND USE DIAGRAM
_
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PROJECT BOUNDARY

LAND USE
0 0.1 0.2 0.3
Miles

SYLVAN AVENUE

CLARATINA AVENUE (FUTURE)

BRIDGEWOOD
WAY

MABLE AVENUE

OAKDALE ROAD

WOOD SORREL DRIVE

MCREYNOLDS AVENUE

ARIA WAY

ROSELLE AVENUE
September 14, 2022 DRAFT
AMENDED 2022 CREDIT: O'DELL ENGINEERING, DAHLIN GROUP

LAND USE AREA DESIGNATION

EXISTING OR NEW NEIGHBORHOOD

COMMERCIAL (NC)

VERY LOW DENSITY RESIDENTIAL (VLDR)
(2-3 DU/AC)

LOW DENSITY RESIDENTIAL (VLDR)
(4-8) DU/AC)

MEDIUM DENSITY RESIDENTIAL (MDR)
(8-18 DU/AC)

REGIONAL SERVING COMMERCIAL
(RSC)

PROFESSIONAL OFFICE (PO)

EXISTING LAND USES
ba LOCAL RESIDENTIAL STREET/

POTENTIAL ACCESS POINT
[
PUBLIC INFRASTRUCTURE: WATER TANK
& WELL SITE (CITY OF MODESTO) WITH

LANDSCAPE BUFFER

EXISTING VERY LOW DENSITY
RESIDENTIAL (EVLDR) (1-3 DU/AC)
LDR-15
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MODESTO CITY COUNCIL
RESOLUTION NO. 2022-
RESOLUTION APPROVING SPECIFIC PLAN AMENDMENT NO. 3 TO

THE TIVOLI SPECIFIC PLAN, TO CHANGE THE LAND USE DESIGNATION OF 25 ACRES FROM REGIONAL SERVING COMMERCIAL (RSC) TO
RESIDENTIAL (R) AND 29.3 ACRES FROM MEDIUM DENSITY RESIDENTIAL (MDR) TO LOW DENSITY RESDIENTIAL (LDR) (ARCADIA DEVELOPMENT

COMPANY)
WHEREAS, on February 26, 2008, the City Council by Ordinance No. 3479-C.S., adopted the Tivoli Specific Plan; and
WHEREAS, Government Code Section 65453 permits the amendment of Specific Plans as often as deemed necessary by the legislative body; and WHEREAS, on September 7, 2016, the City Council by Resolution No. 97-631 adopted Amendment No. 1 to the Tivoli Specific Plan to include minor land use adjustments regarding the relocation of the school site with the overall density and intensity remaining essentially the same, minor internal street alignment adjustments, removal of four roundabouts, and various clean-up and technical changes to the Specific Plan; and
WHEREAS, on March 21, 2022, the Director of Community and Economic Development administratively approved Amendment No. 2 to the Tivoli Specific Plan as allowed by Section 9.3.4.1 of the Specific Plan, to amend and update street cross-section details with associated minor text changes; and
WHEREAS, the Arcadia Development Company has filed an application to amend the Land Use Diagram of the Specific Plan, to change the land use designation of 25 acres located north of Mable Avenue, east of Oakdale Road from Regional Serving #13..
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November 1, 2022/C&EDD/Katharine Martin 2 2022-
Commercial (RSC) to the designation of Low Density Residential 13 (LDR 13), and to change the land use designation of 29.3 acres located north of the existing City of Modesto water well and storage site and southeast of future Aria Way from Medium Density Residential 2 and Medium Density Residential 3 to the designation of Low Density Residential 15 (LDR 15), and associated text changes; and WHEREAS, said application was made concurrently with a proposed amendment to the General Plan Land Use Diagram to amend the land use designation of 25 acres from Regional Commercial (RC) to Residential (R) (project GPA-22-002); and WHEREAS, on April 18, 2022 the proposed Specific Plan Amendment was referred to the Stanislaus and Modesto School Districts, Modesto Irrigation District, Local Agency Formation Commission, County Planning and Community Development, and the Environmental Resources Director, for a 45-day referral period in accordance with Government Code sections 65453 and 65352; and
WHEREAS, the City of Modesto prepared an Initial Study/Negative Declaration, Environmental Assessment No. EA/C&ED 2022-20, that evaluated the environmental impacts of the project, and based on the Initial Study conclusion that there would not be any significant impacts on the environment, a Negative Declaration has been prepared for the project; and
WHEREAS, on October 3, 2022, at 6:00 p.m. the Planning Commission held a duly noticed public hearing in the Tenth Street Place Chambers located at 1010 Tenth Street, Modesto, California, at which hearing evidence both oral and documentary was received and considered concerning the proposed amendment to the Tivoli Specific Plan; and
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WHEREAS, after said public hearing, the Modesto City Planning Commission by Resolution No. 2022-26, recommended to the City Council approval of an amendment the Land Use Diagram of the Specific Plan, to change the land use designation of 25 acres located north of Mable Avenue, east of Oakdale Road from Regional Serving Commercial (RSC) to the designation of Low Density Residential 13 (LDR 13), and to change the land use designation of 29.3 acres located north of the existing City of Modesto water well and storage site and southeast of future Aria Way from Medium Density Residential 2 and Medium Density Residential 3 to the designation of Low Density Residential 15 (LDR 15); and
WHEREAS, said matter was set for a public hearing of the City Council to be held on November 1, 2022, in the Tenth Street Place Chambers located at 1010 Tenth Street, Modesto, California, at which date and time said duly noticed public hearing was held.

NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Modesto that it hereby finds and determines as follows:

1. The proposed Amendment No. 3 to the Tivoli Specific Plan, to change the land use designation of 25 acres located north of Mable Avenue, east of Oakdale Road from Regional Serving Commercial (RSC) to the designation of Low Density Residential 13 (LDR 13), and to change the land use designation of 29.3 acres located north of the existing City of Modesto water well and storage site and southeast of future Aria Way from Medium Density Residential 2 and Medium Density Residential 3 to the designation of Low Density Residential 15 (LDR 15) would be consistent with the Modesto Urban Area General Plan as amended because the amendment would result in new residential development consistent with the General Plan’s Residential designation of the sites.

2. The reduction in residential density by the proposed amendment of Medium Density Residential 2 and Medium Density Residential 3 to Low Density Residential 15 (LDR 15) would be offset by the proposed amendment of Regional Serving Commercial (RSC) to Low Density #13..
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Residential 13 (LDR 13) in accordance to Senate Bill 330 (“Housing Crisis Act of 2019”).

3. The proposed amendments would be in conformance with the Specific Plan’s polices and standards because any future development as a result of the amendments would be required to adhere to the development standards and design guidelines of the Specific Plan, and be consistent with the adopted Facilities Master Plan and Infrastructure Financing Plan.

4. A Negative Declaration, Environmental Assessment No. EA/C&ED No. 2022-20, was prepared by the City of Modesto that analyzed the proposed amendments and determined that, on the basis of the whole record before it, there is no substantial evidence that the amendments will have a significant effect on the environment and that a Negative Declaration be adopted.

BE IT FURTHER RESOLVED by the Council of the City of Modesto that the Tivoli Specific Plan is hereby amended to change the land use designation of 25 acres located north of Mable Avenue, east of Oakdale Road from Regional Serving Commercial (RSC) to the designation of Low Density Residential 13 (LDR 13), and to change the land use designation of 29.3 acres located north of the existing City of Modesto water well and storage site and southeast of future Aria Way from Medium Density Residential 2 and Medium Density Residential 3 to the designation of Low Density Residential 15 (LDR 15), as shown on Exhibit "A" attached hereto and incorporated herein by reference.

BE IT FURTHER RESOLVED that the property owner and developer shall, at their sole expense, defend, indemnify and hold harmless the City of Modesto, its agents, officers, directors and employees, from and against all claims, actions, damages, losses, or expenses of every type and description, including but not limited to payment of attorneys’ fees and costs, by reason of, or arising out of, this development approval. The obligation to defend, indemnify and hold harmless shall include but is not limited to any #13..
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action to arbitrate, attack, review, set aside, void or annul this development approval on any grounds whatsoever. The City of Modesto shall promptly notify the developer of any such claim, action, or proceeding.

The foregoing resolution was introduced at a regular meeting of the Council of the City of Modesto held on the 1st day of November, 2022, by Councilmember , who moved its adoption, which motion being duly seconded by Councilmember , was upon roll call carried and the resolution adopted by the following vote:

AYES: Councilmembers:

NOES: Councilmembers:

ABSENT: Councilmembers:

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

BY: ______________________________________
JOSE M. SANCHEZ, City Attorney
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Exhibit A
Amendment No. 3 to the Tivoli Specific Plan
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TIVOLI SPECIFIC PLAN 18A
Chapter 3  SPECIFIC PLAN ELEMENTS
Exhibit 3.1 - Land Use Diagran (LUD)
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TIVOLI SPECIFIC PLAN 74A
Chapter 3  SPECIFIC PLAN ELEMENTS
Exhibit 3.19 - Landscape Structure Diagram
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Chapter 4  development standards
TIVOLI SPECIFIC PLAN 3
vldr lud key map
LDR-13
LDR-14

4.1.1 Very Low Density Residential (VLDR)

4.1.1.1 Purpose and Intent
The VLDR land use designation is intended to provide limited areas for the introduction of large-lot (minimum 10,000 sf) detached single-family housing. These areas are generally situated adjacent to small, existing residential areas made up of either homes on varied large lot sizes (e.g. Mable Avenue) of 10,000 square feet or larger. The VLDR land use designation will serve as an appropriate and compatible residential buffer between existing residential on Mable Avenue and higher density residential areas and higher intensity uses (e.g. Regional Serving Commercial-RSC).

Table 4.3 and diagrams displaying the development, spatial and dimensional requirements as well as illustrative examples of each allowable VLDR housing type appear on the following pages.

4.1.1.2 Density
At 1-3 dwelling units per gross acre (DU/Acre), the residential density range for the VLDR land use designation is the lowest in the TSP. The VLDR allows a minimum of 1 to a maximum of 3 DU/Acre (excluding allowance for density bonuses). No VLDR residential development project will be allowed at less than the minimum of 1 DU/Acre. The minimum lot size allowed will be approximately .25 acre or 10,000 sf.
vinsanto - morgan hill, ca
vinsanto - morgan hill, ca Exhibit 4.1 - Vldr Lot Diagram #13..
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4 TIVOLI SPECIFIC PLAN
Chapter 4  development standards

4.1.2 Low Density Residential (LDR)

4.1.2.1 Purpose and Intent
The LDR land use designation is intended to provide areas for the introduction of detached single-family housing in a variety of lot sizes and configurations. This variety could range from small-lot detached residential from 3,000 to less than 5,000 sf in size, to lots over 5,000 sf. Most residential lots in this land use designation are not anticipated to be larger than 7,000 sf.

Small lot residential of less than 5,000 sf will need to conform to the TSP Development Standards and Design Guidelines as well as the City of Modesto Guidelines for Small Lot Single Family Residential Development. The small lot housing product could include court-oriented and alley loaded detached single-family homes.

4.1.2.2 Density
At 4-8 dwelling units per acre (DU/Acre), the residential density range for the LDR land use designation is intended to provide housing options outside of the residential densities (typically less than 5 DU/Acre) of typical tract subdivisions found in Modesto. This density range allows a minimum of 4 to a maximum of 8 DU/Acre (excluding allowance for density bonuses). The LDR zone allows for up to two dwelling units per residential lot consistent with state law, consisting of the primary home and secondary or accessory living unit permitted by the Modesto Zoning Ordinance. No LDR residential development project will be allowed at less than the minimum of 4 DU/Acre. An emphasis on varied lots (different lot widths and sizes) across the Specific Plan area within the LDR zone is strongly desired and encouraged.

This density range is intended to provide flexibility and require a range of housing product types and mix, allowing densities to be varied and mixed within a project area to assist in achieving a desired average density. Each LDR residential development project over 20 acres or 100 dwelling units in size (whichever is larger) should provide an average density goal of around 6.0 DU/per Acre. This approach allows some flexibility, and is intended to stimulate a stronger mix of small-lot oriented (less than 5,000 sf) and conventional lots (greater than 5,000) on individual or combined parcels within the TSP. It is expected that a minimum of 50 of any type of housing will be required to make a product type feasible.

Increased Maximum Density
A portion of a LDR parcel can develop up to 12 units per acre if the overall parcel does not exceed 8 units per acre. This increase of maximum density applies only to one parcel or contiguous parcels under the same ownership located within one Area Plan. The project site and design shall be approved with an Area Plan and Final Development Plan as provided in Chapter 9, Implementation.

LDR-13
LDR-14
ldr lud key map
cedar creek
san diego, ca
shoreline at broadwalk
huntington beach, ca
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Chapter 4  development standards
TIVOLI SPECIFIC PLAN 5

4.1.3 Medium Density Residential (MDR)

4.1.3.1 Purpose and Intent
The MDR land use designation is intended to provide areas for the introduction of innovative detached and attached single-family housing or multifamily housing that utilize land in a more efficient and compact manner.

Housing types that reflect this emphasis will include detached small-lot and auto court, cluster (cottage) or bungalow courts, rowhouses/townhouses and duplex/triplex/fourplex housing types. The TSP will allow detached small lot single family residences on lots between 2,000 - less than 3,000 sf, courtyard oriented and bungalow court homes (corner lots may be larger).

Duplexes, triplexes, and fourplexes will occur on lots ranging from 4,500- 6,500 sf, and Townhouses/Rowhouses will be allowed on lots as small as 1,800 sf. Alternative housing types beyond those established here for the MDR land use designation will be considered by the Director of Community and Economics Development or their designee.

4.1.3.2 Density
At 8-18 dwelling units per acre (DU/Acre), the residential density range for the MDR land use designation has the widest spread of any land use area in the TSP. A successful mixture of these detached and attached residential homes could yield a density range of between 8 and 18 units (excluding allowance for density bonuses), with the average density goal being around 12 DU/Acre within an approved Area Plan. At least two distinctly different housing type within each approved Area Plan should be provided. This is intended to provide flexibility and encourage a range of housing product types, allowing densities to be varied and mixed within a project area. It is expected that a minimum of 50 of any type of housing will be required to make a product type feasible. 2 mdr lud key map
arbors, rivermark
santa clara, ca
ambridge at windemere
san ramon, ca
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6 TIVOLI SPECIFIC PLAN
Chapter 4 F development standards

4.1.4 Mˎˍ˒˞˖ H˒ːˑ Dˎ˗˜˒˝ˢ Rˎ˜˒ˍˎ˗˝˒ˊ˕ (MHDR)

4.1.4.1 Pඝක඘඗ඛඍ ඉඖඌ Iඖගඍඖග
The MHDR land use designation is intended to provide areas for the introduction of attached multi-family housing for rental and sales. The MHDR areas are anticipated to be the main location where the majority of the residential units required to meet the affordable targets of the City of Modesto (see TSP Affordable Housing Plan Chapter 3.0) will be provided. Housing types that refl ect this emphasis are expected to include two and three story apartments and stacked fl ats (street level residential units with townhomes above). Alternative housing types beyond those established here for the MHDR land use designation will be considered by the Director of Community and Economic Development or their designee.

4.1.4.2 Dඍඖඛඑගඡ
At 18-24 dwelling units per acre (excluding allowance for density bonuses), the residential density range for the MHDR land use designation is the highest of any land use area in the TSP. This density range allows a minimum of 18 to a maximum of 24 DU/Acre. The density target for MHDR is 22 DU/Acre to comply with the housing policies.

MHDR LUD KEY MAP

TOWER APARTMENTS

RHONER PARK, CA

MILL CREEK AT WINDEMERE

SAN RAMON, CA
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Chapter 4  development standards
TIVOLI SPECIFIC PLAN 7
Exhibit 5.1 LDR-8 Area Conceptual Layout Plan
Note: this illustrative plan depicts a mix of different housing types. It is intended to serve only as an example, among others, of the character intended for LDR neighborhoods within tivoli, but is not expected that the product types consisting of less than 50 units can be feasibly provided. #13..
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TIVOLI SPECIFIC PLAN 218A
Chapter 9  IMPLEMENTATION
Exhibit 9.2 - TSP Area Plan Designation
LEGEND

MAJOR GATEWAY

NEIGHBORHOOD ENTRY
(Arbitraty location)
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TIVOLI SPECIFIC PLAN 218A
Chapter 9  IMPLEMENTATION
LDR-13
LDR-14
1 9
2 4
8 7
5 6
3 3&4
1&2
Exhibit 9.2 - TSP Area Plan Designation

EXISTING, DEVELOPED AREAS

RECEIVING DUAL NOTIFICATION

OF PUBLIC REVIEW FOR

ADJACENT TSP DEVELOPMENTS
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MODESTO CITY COUNCIL
RESOLUTION NO. 2022-

RESOLUTION ADOPTING A NEGATIVE DECLARATION FOR A GENERAL PLAN AMENDMENT TO CHANGE THE LAND USE DESGINATION OF 25

ACRES FROM REGIONAL COMMERCIAL (RC) TO RESIDENTIAL (R),

PROPERTY LOCATED NORTH OF MABLE AVENUE AND EAST OF
OAKDALE ROAD, TOGETHER WITH AMENDMENT NO. 3 TO THE TIVOLI SPECIFIC PLAN TO CHANGE THE LAND USE DESIGNATION OF 25 ACRES

FROM REGIONAL SERVING COMMERCIAL (RSC) TO LOW DENSITY
RESIDENTIAL (LDR) AND 29.3 ACRES FROM MEDIUM DENSTIY

RESIDENTIAL (MDR) TO LOW DENSITY RESIDENTIAL (LDR) IN THE LAND USE DIAGRAM OF THE SPECIFIC PLAN.

WHEREAS, the Arcadia Development Company has applied for an amendment to the General Plan to change the land use designation of 25 acres from Regional Commercial (RC) to Residential (R), property located north of Mable Avenue and east of Oakdale Road; and
WHEREAS, the applicant also proposed Amendment No. 3 to the Tivoli Specific Plan to change the land use designation of 25 acres located north of Mable Avenue and east of Oakdale Road from Regional Serving Commercial (RSC) to the land use designation of Low Density Residential 15 (LDR-15) and 29.3 acres from Medium Density Residential (MDR) to Low Density Residential (LDR-14) to allow for the development of residential uses; and
WHEREAS, Section 15070 of the CEQA Guidelines relating to Initial Study/ Negative Declaration provides for a lead agency to prepare an Initial Study on any proposed project to analyze whether the project may cause any significant effect on the environment; and
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WHEREAS, the City of Modesto Department of Community and Economic Development has prepared an Initial Study/ Negative Declaration (EA/C&ED No. 2022- 20) as provided for by CEQA; and
WHEREAS, a 20-day public review period for the proposed Initial Study/ Negative Declaration began on August 31, 2022, and ended on September 19, 2022; and WHEREAS, the City received no public comments on the draft Initial Study/Negative Declaration; and
WHEREAS, said matter was considered by the Planning Commission at a duly noticed public hearing which was held on October 3, 2022, whereupon the Planning Commission considered the Initial Study/Negative Declaration and recommended that the City Council adopt the Negative Declaration; and
WHEREAS, said matter was considered by the City Council at a duly noticed public hearing which was held on November 1, 2022, at 5:30 p.m., in the Tenth Street Place Chambers located at 1010 Tenth Street, Modesto, California.

NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Modesto that the Council has reviewed and considered the Initial Study, Environmental Assessment No. EA/C&ED 2022-20, a copy of which is on file with the Community and Economic Development Department, Third Floor, 1010 Tenth Street, Modesto, California, and attached hereto as Exhibit “A”, and incorporated herein by reference, and based on the substantial evidence included in said Initial Study makes the following findings:

1. The Initial Study/Negative Declaration prepared for the proposed project shows there is no substantial evidence, in light of the whole record before the City, that the project may have significant environmental effects; #13..
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2. The Initial Study/Negative Declaration reflects the independent judgment of the lead agency;

3. The Initial Study, Environmental Assessment No. EA/C&ED 2022-20, provides the substantial evidence to support findings 1-2, noted above.

BE IT FURTHER RESOLVED that the property owner and developer shall, at their sole expense, defend, indemnify and hold harmless the City of Modesto, its agents, officers, directors and employees, from and against all claims, actions, damages, losses, or expenses of every type and description, including but not limited to payment of attorneys’ fees and costs, by reason of, or arising out of, this development approval. The obligation to defend, indemnify and hold harmless shall include but is not limited to any action to arbitrate, attack, review, set aside, void or annul this development approval on any grounds whatsoever. The City of Modesto shall promptly notify the developer of any such claim, action, or proceeding.

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

The foregoing resolution was adopted at a regular meeting of the Council of the City of Modesto held on the 1st day of November, 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:
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November 1, 2022/C&EDD/Katharine Martin 4 2022-
ATTEST: ________________________________
DANA SANCHEZ, Interim City Clerk
(SEAL)
APPROVED AS TO FORM:

By: ___________________________________________
JOSE M. SANCHEZ, City Attorney
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EXHIBIT A
Initial Study
EA/C&ED No. 2022-20
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GPA-22-002

PLANNING COMMISSION
RESOLUTION NO. 2022-25

A RESOLUTION RECOMMENDING TO THE CITY COUNCIL ADOPTION OF

AN AMENDMENT TO THE MODESTO URBAN AREA GENERAL PLAN
(ARCADIA DEVELOPMENT COMPANY)
WHEREAS, a General Plan for the City of Modesto entitled “City of Modesto Urban Area General Plan” (UAGP), was adopted by the City Council by Resolution No. 95-409 on August 15, 1995, in accordance with Section 65300 of the Government Code; WHEREAS, said General Plan has been amended by Modesto City Council Resolution Nos. 95-584, 96-20, 96-338, 96-639, 97-3, 97-137, 97-158, 98-293, 99-162, 99-564, 2000-303, 2000-633, 2001-47, 2001-476, 2002-154, 2002-526, 2003-101, 2003-122, 2007-066, 2007-599, 2008-142, 2008-583, 2009-419, 2011-253, 2011-254, 2011-436, 2012-430, 2014-17, 2014-422, 2015-262, 2016-34, 2017-21, 2019-109, 2022-101 and 2022-193, copies of which are on file in the office of the City Clerk; WHEREAS, Government Code Section 65358 permits the amendment of General Plans by the legislative body; and
WHEREAS, the Arcadia Development Company has filed an application for a General Plan Amendment (File No. GPA-22-002) to amend the Land Use Diagram of the General Plan to change 25 acres from Regional Commercial (RC) uses to Residential Uses (R), property located north of Mable Avenue, east of Oakdale Road, within the Tivoli Specific Plan; and
WHEREAS, said application was made concurrently with a proposed amendment to the Tivoli Specific Plan to amend the land use designation of the above 25 acres from Regional Serving Commercial (RSC) to the new designation of Low Density Residential 13 (LDR 13), (File No. SPA-22-001); and
WHEREAS, a public hearing was held by the Planning Commission on October 3, 2022, in Chambers, 1010 Tenth Street, Modesto, California, at which hearing evidence both oral and documentary was received and considered.

NOW, THEREFORE, BE IT RESOLVED, by the Planning Commission of the City of Modesto that it hereby recommends that the City Council approve the amendment to the Land Use Diagram of the General Plan to change the designation of 25 acres from Regional Commercial (RC) to Residential (R), and to find as follows:

1. The proposed General Plan amendment would result in Residential uses that would provide for development of new housing within the Tivoli Specific Plan, consistent with the Residential (R) designation.

2. A Negative Declaration, Environmental Assessment No. EA/C&ED No. 2022-20, was prepared by the City of Modesto that analyzed the proposed General Plan Amendment and the Planning Commission has determined that, on the basis of the whole record before it, there is no substantial evidence that the amendment will have a significant effect on #13..
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Res No. 2022-25 Page 2
GPA-22-002
the environment and that the Negative Declaration should be adopted by the City Council.

BE IT FURTHER RESOLVED by the Planning Commission of the City of Modesto that it hereby recommends to the City Council adoption of the proposed amendment to the Land Use Diagram of the Urban Area General Plan as described in Exhibit “A,” attached hereto and incorporated herein by reference.

The foregoing resolution was introduced at the regular meeting of the Planning Commission held on October 3, 2022, by Commissioner Shanks, who moved its adoption, which motion was seconded by Commissioner Morad, and carried by the following vote:

Ayes: Birring, Morad, Pollard, Shanks, Vohra
Noes: None

Absent: Silva, Vazquez
Recused: None
BY ORDER OF THE PLANNING COMMISSION OF THE CITY OF MODESTO.

Original, signed copy on file C&EDD
Paul Liu, Acting Secretary
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GPA-22-002
EXHIBIT "A"

GENERAL PLAN AMENDMENT
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SPA-22-001

PLANNING COMMISSION
RESOLUTION NO. 2022-26

A RESOLUTION RECOMMENDING TO THE CITY COUNCIL APPROVAL OF SPECIFIC PLAN AMENDMENT NO. 3 TO THE TIVOLI SPECIFIC PLAN TO AMEND 25 ACRES FROM REGIONAL SERVING COMMERCIAL TO LOW
DENSITY RESIDENTIAL AND 29.3 ACRES FROM MEDIUM DENSITY

RESIDENTIAL TO LOW DENSITY RESIDENTIAL (ARCADIA DEVELOPMENT

COMPANY)
WHEREAS, Government Code Section 65450 et. seq. permits cities and counties to adopt specific plans for the systematic implementation of the General Plan and to provide for a greater level of detail in planning sites or areas of special interest or value; and
WHEREAS, on February 26, 2008, the City Council by Ordinance No. 3479 adopted the Tivoli Specific Plan; and
WHEREAS, Government Code Section 65453 permits the amendment of specific plans as often as deemed necessary by the legislative body; and WHEREAS, on September 7, 2016 the City Council approved Amendment No. 1 to the Tivoli Specific Plan to include minor land use adjustments regarding the relocation of the school site with the overall density and intensity remaining essentially the same, minor internal street alignment adjustments, removal of four roundabouts, and various clean-up and technical changes to the Specific Plan; and WHEREAS, on March 21, 2022 the Director of Community and Economic Development administratively approved Amendment No. 2 to the Tivoli Specific Plan as allowed by Section 9.3.4.1 of the Specific Plan, to amend and update street cross section details with associated minor text changes; and WHEREAS, the Arcadia Development Company has filed an application to amend the Land Use Diagram of the Specific Plan, to change the land use designation of 25 acres located north of Mable Avenue, east of Oakdale Road from Regional Serving Commercial (RSC) to the designation of Low Density Residential 13 (LDR 13), and to change the land use designation of 29.3 acres located north of the existing City of Modesto water well and storage site and southeast of future Aria Way from Medium Density Residential 2 and Medium Density Residential 3 to the designation of Low Density Residential 15 (LDR 15); and
WHEREAS, said application was made concurrently with a proposed amendment to the General Plan Land Use Diagram to amend the land use designation of 25 acres located south of Mable Avenue, east of Oakdale Road from Regional Commercial (RC) to Residential (R) (Project No. GPA-22-002); and
WHEREAS, the Planning Commission has considered an Initial Study, Environmental Assessment No. EA/C&ED 2022-20, which analyzed the potential environmental effects of the proposed amendment and determined that, on the basis of the whole record before it, there is no substantial evidence that the amendment will #13..
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SPA-22-001
have a significant effect on the environment, and that a Negative Declaration be adopted; and
WHEREAS, a public hearing was held by the Planning Commission on October 3, 2022, in Chambers, 1010 Tenth Street, Modesto, California, at which hearing evidence both oral and documentary was received and considered.

NOW, THEREFORE, BE IT RESOLVED by the Planning Commission that it hereby finds and determines as follows:

1. The proposed amendments to the Land Use Diagram of the Tivoli Specific Plan is consistent with the General Plan Land Use Designation of Residential (as amended), because the amendments would result in Residential uses that would provide for development of new housing within the Specific Plan.

2. The reduction in residential density by the proposed amendment of Medium Density Residential 2 and Medium Density Residential 3 to Low Density Residential 15 (LDR 15) would be offset by the proposed amendment of Regional Serving Commercial (RSC) to Low Density Residential 13 (LDR 13) in accordance to Senate Bill 330 (“Housing Crisis Act of 2019”).

3. A Negative Declaration, Environmental Assessment No. EA/C&ED No. 2022-20, was prepared by the City of Modesto that analyzed the proposed amendment and the Planning Commission has determined that, on the basis of the whole record before it, there is no substantial evidence that the amendment will have a significant effect on the environment and that the Negative Declaration should be adopted by the City Council.

BE IT FURTHER RESOLVED by the Planning Commission that it hereby recommends to the City Council adoption of the proposed Tivoli Specific Plan Amendment No. 3 as described in Exhibit "A," attached hereto and incorporated herein by reference.

The foregoing resolution was introduced at the regular meeting of the Planning Commission held on October 3, 2022, by Shanks, who moved its adoption, which motion was seconded by Morad, and carried by the following vote:

Ayes: Birring, Morad, Pollard, Shanks, , Vohra
Noes: None

Absent: Silva, Vazquez
Recused: None
BY ORDER OF THE PLANNING COMMISSION OF THE CITY OF MODESTO. #13..
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Res. No. 2022-26 Page 3
SPA-22-001
Original, signed copy on file in CEDD
Paul Liu, Acting Secretary
Attachment (Exhibit “A”)
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ITEM C
Planning Commission Agenda Report October 3, 2022
Public Hearing Item C Page 1

CITY OF MODESTO

PLANNING COMMISSION STAFF REPORT
1010 10th STREET
MODESTO, CA 95354
(209) 577-5267 – (209) 491-5798 (fax)
TO: Chairperson Vohra and Members of the Planning Commission PREPARED BY: Katharine Martin, Senior Planner
Contact Info: 577-5267 [email protected]
APPROVED BY: Paul Liu, Principal Planner
MEETING DATE: October 3, 2022
SUBJECT: GPA-22-002/SPA-22-001/AREA-22-001/FDP-22-002/TSM-22-001 – Arcadia Property Tivoli: General Plan Land Use Amendment, Specific Plan Land Use Amendment, with Area Plan No. 7, Final Development Plan and Vesting Tentative Subdivision Map; submitted by Arcadia Development Company

RECOMMENDATION
Resolution recommending Council approval of an amendment to the Land Use Diagram of the General Plan, 25 acres from RC to R;
Resolution recommending Council approval of an amendment to the land use plan of the Tivoli Specific Plan, 25 acres from RSC to LDR and 29.3 acres from MDR to LDR; Resolution approving Area Plan No. 7 in the Tivoli Specific Plan; Resolution approving the Vesting Tentative Subdivision Map of Arcadia Property (Tivoli); Resolution approving the Final Development Plan for the Arcadia Property in the Tivoli Specific Plan.

BACKGROUND
The 454-acre Tivoli Specific Plan, bounded by the future Claratina Avenue to the north, Sylvan Avenue to the south, Oakdale Road to the west and Roselle Avenue to the east, was adopted by the City Council on February 26, 2008 by Ordinance No. 3479-C.S. The Specific Plan provides for uses including commercial, school, parks, and residential development of a variety of densities as outlined by the land use diagram and development standards of the Specific Plan. Similar to the Village One Specific Plan to the south, the Tivoli Specific Plan is divided into multiple Area Plans. Each Area Plan would ensure that the street circulation, utility infrastructure, land use, density and project design are planned for the area and would conform to the principles of the Specific Plan, and requires adoption by the Planning Commission prior to development. The Specific Plan also provides for Planning Commission consideration of smalllot residential development proposals, by a Final Development Plan also adopted by the Commission.
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Public Hearing Item C Page 2

PROJECT DESCRIPTION
On April 5, 2022, the Arcadia Development Company submitted a multi-part application to implement the development of Tivoli Area Plan No. 7, a 29-acre portion of the Specific Plan generally located north of the existing City of Modesto water well and storage site and southeast of the future Aria Way. The application involves a proposed amendment to the land use diagram of the Specific Plan, and an associated General Plan amendment to the Land Use Element. Both amendments are intended to facilitate the development of the proposed Arcadia Property.

The proposal is for the adoption of Area Plan No. 7 of the Tivoli Specific Plan, which outlines the location of streets and utility infrastructure for the development; a Vesting Tentative Subdivision Map to divide a 29.3-acre portion of Area Plan No. 7 into 141 residential lots, of which 68 are small-lots, and seven landscape lots; and a Final Development Plan as required by the Specific Plan for small-lot residential development, to ensure minimum standards for home siting on the residential lots as well as minimum standards for amenities such as neighborhood gateway features, fences and private rear yard open space.

As the project involves a development of less than the residential density provided by the Medium Density Residential designation in the Tivoli Specific Plan, the project proposes to amend the land use diagram of the Specific Plan to allow for Low Density Residential uses within Area Plan No. 7. To make up for the lost density, the project proposes an amendment to the General Plan Land Use Element to change the designation of 25 acres from Regional Commercial (RC) to Residential (R), and further amend the Tivoli Specific Plan’s land use diagram of the same area from Regional Serving Commercial (RSC) to Low Density Residential No. 13 (LDR 13). The General Plan and Specific Plan amendment of the currently commercial designation would allow for residential development in the future, as a means to balance out the density loss by the Arcadia tentative map.

ANALYSIS
Residential Density: California Senate Bill 330 (“Housing Crisis Act of 2019”), signed into law on October 9, 2019, disallows the reduction of allowed residential density without the concurrent replacement of density elsewhere in the jurisdiction, until January 1, 2025. Since the proposed Vesting Tentative Map does not meet the density requirements of the Medium Density Residential use of the Tivoli Specific Plan, the project proposes replacement of the difference by amending 25 acres designated as Regional Serving Commercial (RSC) within the Specific Plan as Low Density Residential (LDR No. 13) to comply with SB 330. As the underlying General Plan land use designation of the same 25 acres is Regional Commercial (RC), the project also proposes an amendment to the Land Use Element of the General Plan to change the designation to Residential (R).

Infrastructure Improvements: The perimeter street of future Aria Way will be built to a full-width standard along the frontage of the tentative map, with new utility lines within the street’s alignment. A transition of Aria’s full width to Aria’s part-width at the project to the south (Snow Property, previously approved) will also be included. The existing McReynolds Avenue will end at the southeast corner of the tentative map, and a landscaped access between the existing McReynolds Avenue and the future local street along the easterly side of the tentative map will be installed for only pedestrian and bicycle access.

As part of the tentative map, sewer, water, stormwater and street improvements are proposed for the overall development. The project will also be required to construct a portion of the Tivoli central storm drain basin to provide storm drainage for the development. A new #13..
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Public Hearing Item C Page 3
Community Facilities District (CFD) will be formed to cover the installation and ongoing maintenance of the development’s amenities, including the storm drain basin, as well as future improvements throughout the Specific Plan as further development is pursued.

Area Plan No. 7: The Tivoli Specific Plan is comprised of nine Area Plans, each of which require consideration and approval by the Planning Commission prior to development. Area Plan No. 7 is bounded primarily by the future Aria Way and is comprised of the 29.3-acre Arcadia Property plus two existing rural residential properties and the existing City of Modesto water storage and well site along its southerly border. The Area Plan outlines utility placement, street circulation and landscaping, and the variety of residential densities within. The residential development is proposed to be a mix of standard and small-lot single-family residential lots, ranging in density between 5.2 units per acre to 6.5 units per acre. Storm water handling for the area would be routed to a future new storm water basin/park to be located north of the site on Aria Way.

Vesting Tentative Subdivision Map and Final Development Plan: The applicant proposes a Vesting Tentative Subdivision Map to divide the 29.3-acre Arcadia Property into 141 residential lots and seven landscape lots, of which 68 lots are small-lot residential lots of between 4,039 square feet to 4,675 square feet in area. Internal streets would be a standard width of 48-feet in width, allowing for two lanes of travel and on-street parking against roll-over curbs in similar fashion to the neighborhoods in Village One to the south.

Since half of the lots are small-lot (less than 5,000 square feet), a Final Development Plan is also proposed in accordance to the implementation requirements of the Specific Plan (Section

9.4.1.2, Planning Commission review). The Final Development Plan outlines the typical home siting for each lot, with reduced setbacks between street frontages and side and rear property lines varying in width depending on the density of the development. There will be a minimum rear yard of at least 15-feet providing a rear yard area of at least 500 square feet for each lot.

All other aspects of the development with regards to architectural variety and amenities such as landscaping, walls and fences and gateway entries, would be in conformance to the Development Standards and Design Guidelines and Standards of the Specific Plan.

GENERAL PLAN CONSISTENCY
The proposed Area Plan No. 7, Final Development Plan and Vesting Tentative Subdivision Map are within the Residential (R) land use designation of the adopted City of Modesto Urban Area General Plan Land Use Diagram. Because residential uses are permitted within the Residential land use designation and are consistent with the land use diagram of the Tivoli Specific Plan, the Arcadia Property development is consistent with the General Plan.

The project also proposes an amendment to the General Plan to change the land use designation of 25 acres from Regional Commercial (RC) to Residential (R). General Plan Section I-F-3(c) provides criteria for analysis of a proposed General Plan Amendment. The policy requires the proposed amendment’s impacts to be analyzed for the amendment’s effects compared to the adopted General Plan on the following issues:
(1) Compatibility with surrounding, existing, and planned land uses; (2) Traffic impacts, both existing and planned;
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Public Hearing Item C Page 4
(5) Water supply and wastewater, as addressed in the Master EIR; (6) Preservation of open space, both existing and planned; (7) Public facilities and public services, both existing and planned, including financing approaches.
(8) Consistency with the overall goals and policies contained within the General Plan.

A Negative Declaration was prepared for this project, which references and uses information from the Tivoli Specific Plan Final EIR, certified earlier. The Initial Study, Environmental Assessment No. EA/C&ED 2022-20, prepared for the Negative Declaration (Attachment No. 9) provides an analysis of each of the above topics in detail and concludes there are no significant impacts as a result of the amendment to the land use diagram of the General Plan.

ENVIRONMENTAL ASSESSMENT
The project was previously studied by the Tivoli Specific Plan Final EIR (SCH No. 2005072125), certified by the City Council on February 26, 2008 by Resolution No. 2008-141.

Staff has prepared an Initial Study/Negative Declaration, Environmental Assessment No.

EA/C&ED 2022-20, which concluded that the potential environmental effects of the proposed subdivision have been adequately addressed within the context of the Tivoli Specific Plan Final EIR.

Although the proposed project could have a significant effect on the environment, because all potentially significant effects (a) have been analyzed adequately in the Tivoli Specific Plan Final EIR, pursuant to applicable standards, and (b) have been avoided or mitigated pursuant to the Final EIR, including revisions or mitigation measures that are imposed upon the proposed project, that pursuant to Section 15182 of the CEQA Guidelines, no new environmental review is required.

ATTACHMENTS

1. Draft Planning Commission Resolution, General Plan Amendment – October 3, 2022

2. Draft Planning Commission Resolution, Specific Plan Amendment – October 3, 2022

3. Draft Planning Commission Resolution, Tivoli Area Plan No. 7 – October 3, 2022

4. Draft Planning Commission Resolution, VTSM – October 3, 2022

5. Draft Planning Commission Resolution, FDP – October 3, 2022

6. Initial Study EA No. C&ED 2022-20

7. Financial Interest Disclosure Form
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Public Hearing Item C Page 5
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Public Hearing Item C Page 6

GENERAL PLAN LAND USE AMENDMENT
GPA-22-001
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Public Hearing Item C Page 7

VESTING TENTATIVE SUBDIVISION MAP
TSM-22-001
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ARCADIA DEVELOPMENT CO INC
P O BOX 5368
SAN JOSE, CA 95150
O’DELL ENGINEERING

C/O MIKE PERSAK
1165 SCENIC DRIVE, SUITE A
MODESTO, CA 95350

DAVE ROMANO, PE

NEWMAN-ROMANO LLC
1034 12TH STREET
MODESTO, CA 95354
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CITY OF MODESTO

COUNCIL AGENDA REPORT
DATE OF MEETING:

November 1, 2022
Date: October 11, 2022
TO: Mayor and City Council
THROUGH: Joseph P. Lopez, City Manager
FROM: Brandon Gillespie, Chief of Police
SUBJECT: Consider Non-Emergency Transport Application for Rose Medical Transportation CONTACT: Bob Meredith, Lieutenant, [email protected] 209-572-9500 DESCRIPTION:

Hearing to consider the application and issuance of a Permit to Operate as a Non-Emergency Medical Transport Company to Rose Medical Transportation in the City of Modesto. (Funding Source: General Fund)
STRATEGIC PLAN ELEMENT:

This item is related to the 2020-2025 Strategic Plan goal of improving community safety and quality of life through a combination of prevention and intervention efforts that address safety and its underlying issues (Goal A of Quality of Life Goals and Strategies) BACKGROUND:

The City allows non-emergency medical transport companies to apply for a non-emergency transport permit. In addition to the application, the transport company is required to pay a filing fee of $1,000 and provide all the necessary documents and information as outlined in Modesto Municipal Code 3-9.01 to 3-9.20. Once the application, documentation, and necessary fees have been received by the Modesto Police Department, a background investigation must be completed by the department. Upon a successful completion of the background investigation, approval by Council is required. After approval from Council has been provided, the permit will be issued by the Modesto Police Department.

Currently there are six permitted ambulance companies in Modesto to provide non-emergency transport: Amwest Ambulance, Bay Medic Transportation, Citizens Medical Transport, MacIntosh Transport LLC, Provident Senior Solutions Inc and Star Nonemergent Transportation.

DISCUSSION:

Rose Medical Transportation has applied to operate a non-emergency medical transportation service in the City of Modesto. Rose Medical Transportation has paid the $1,000 filing fee to cover administrative, investigative, and other incidental costs associated with the application and have #14..
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City Council Meeting, November 1, 2022
Consider Non-Emergency Transport Application for Rose Medical Transportation

Page 2 of 2 ends

Modesto City CouncilNovember 1, 2022

Modesto City Council
November 1, 2022