In mid-2019, the property owner expressed an interest in the development of a commercial shopping center at the site of the former Modesto Tallow rendering plant. Two projects at the site involving a gas station car wash and a freeway-oriented monument sign have been approved by the City and are pending development. Simultaneously, the Crows Landing Road corridor between Pecos Avenue and Hatch Road have been improved with new medians, streetlights, curb/gutter, bike lane and intersection improvements, including a newly signalized intersection at Crows Landing Road and Pueblo Avenue, south of the current Zeff Road/Crows Landing Road intersection.
In mid-summer of 2022, the applicant and City staff began discussions about a land exchange agreement that would involve the City transferring the southernmost quarter mile of Zeff Road in exchange for the dedication of a new Zeff Road alignment to the west that would reconnect Zeff Road to Crows Landing Road at the new signalized intersection at Crows Landing Road and Pueblo Avenue.
DISCUSSION:
City staff is seeking approval to enter into a land exchange agreement whereby the City would transfer approximately 65,776 square feet of property to Southwest Hide Co. and Modesto Holding Company in exchange for receipt of approximately 103,819 square feet of property.
Both pieces of property are located approximately adjacent to Crows Landing Road between the CA-99 Freeway and Zeff Road. The property the City is disposing is the land underneath the current alignment of Zeff Road. In exchange the City will be obtaining 85,162 square feet for the new alignment of Zeff Road and 18,657 square feet for the proposed Pueblo Avenue. The land exchange will facilitate new alignment would reconnect Zeff Road to the new signalized intersection at Crows Landing Road and Pueblo Avenue and facilitate access to future new commercial development at the former Modesto Tallow rendering site.
The dedication of the new roadway would be by way of a land exchange agreement between the property owner and the City of Modesto. The exchange agreement would ensure that the new roadway dedication would provide for the future construction of Zeff Road’s new alignment to the Minor Collector Street standard. Upon the completion of the new alignment, staff will return to the City Council so that the Council can formally vacate the Zeff road right-of-way that burdens the City property being transferred. As part of the Land Exchange Agreement, the City will receive a license allowing the City and public to continue to use the current alignment of Zeff Road until after construction of the new alignment is completed.
All existing underground and aboveground utilities, irrigation, and electrical lines shall be protected, relocated, or removed as required by the Utility Companies and City Engineer or designee. Easements for utilities, irrigation, and electrical lines to remain shall be reserved as required. Easements and improvements shall include but not be limited to the following:
a. A 10-foot water easement shall be required on private property centered over the alignment for the Existing 18-inch Distribution Water Main that will remain in place and located outside of public right-of-way.
b. A 10-foot water easement shall be required on private property centered over the alignment for the Existing 12-inch Fill Line Water Main that will remain in place and located outside of public right-of-way.
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City Council, March 14, 2023
Abandonment of Zeff Road between Crows Landing Road/CA-99 and intersection of Zeff Road and Crows Landing Road
c. A 10 water Easement shall be required for the Water Service serving APN 038- 021-021 on private property for that portion of the service that will remain in place and located outside of public right.
d. A 15-foot Sewer Easement shall be provided centered over the alignment of the existing 24-inch Sewer Trunk that will remain in place and located outside of public right of way.
e. The Existing Water Service serving 901 Zeff Road shall be relocated to the new Alignment of Zeff Road.
f. At the time of installation of new roadway improvements, fire hydrants shall be installed every 300-feet OC to the satisfaction of the Fire Marshall.
As part of the Land Exchange Agreement the City will be agreeing to vacate two existing sewer easements located adjacent to the Tuolumne River on the property that is proposed to be developed. City staff have determined that these two easements are no longer needed and there are no public facilities located in the easements. Accordingly, the City will vacate these easements.
Section 8313 of the Streets and Highways Code1 states that the Planning Commission shall review the proposed vacation of City owned easements and report on its conformance with the General Plan. Furthermore, Section 65402 of the California Government Code2 requires the Planning agency to make a finding of General Plan conformance whenever a governmental entity proposes to acquire or dispose of property. The proposed vacation and disposition are in conformance to the General Plan.
The Planning Commission certifies it has received and reviewed the Initial Study, Environmental Assessment No. EA/ C&ED 2023-05, which concluded that the project is within the scope of the General Plan Master EIR (SCH No. 2014042081) and that pursuant to Section 21157.1 of the Public Resources Code3, no new environmental review is required.
The Planning Commission determined the following:
1. The segment of Zeff Road, designated as a Collector Street in the Circulation Element of the General Plan, is to be abandoned and replaced with right-of-way to be dedicated to the Collector Street standard in accordance to City Standards and the Circulation Element of the General Plan; therefore, the street abandonment is in conformance with the General Plan.
2. An Initial Study, Environmental Assessment No. EA/C&ED 2023-xx was prepared by the City of Modesto that analyzed whether the subsequent project 1 2021 California Code Streets and Highways Code – SHC DIVISION 9 - CHANGE OF GRADE AND VACATION PART 3 - PUBLIC STREETS, HIGHWAYS, AND SERVICE EASEMENTS VACATION LAW CHAPTER 2 - General Provisions Section 8313 - https://law.justia.com/codes/california/2021/codeshc/division-9/part-3/chapter-2/section-8313/ 2§5.7.100: CALIFORNIA GOVERNMENT CODE SECTION 65402 REQUIREMENT - https://library.qcode.us/lib/san_leandro_ca/pub/admin_code/item/title_5-chapter_7-5_7_100 3 2021 California Code Public Resources Code – PRC DIVISION 13 - ENVIRONMENTAL QUALITY CHAPTER 4.5 - Streamlined Environmental Review ARTICLE 2 - Master Environmental Impact Report - https://law.justia.com/codes/california/2021/code-prc/division-13/chapter-4-5/article-2/ #5..
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City Council, March 14, 2023
Abandonment of Zeff Road between Crows Landing Road/CA-99 and intersection of Zeff Road and Crows Landing Road
may cause any significant effect on the environment that was not examined in the Master EIR and whether the subsequent project was described in the Master EIR as being within the scope of the report.
3. The subsequent project will have no additional significant effect on the environment, as defined in subdivision (d) of Section 21158 of the Public Resources Code that was not identified in the Master EIR.
4. No new or additional mitigation measures or alternatives are required.
5. The subsequent project is within the scope of the project covered by the Master EIR.
6. All applicable policies, regulations, and mitigation measures identified in the Master EIR have been applied to the subsequent project or otherwise made conditions of approval of the subsequent project.
7. No substantial changes have occurred with respect to the circumstances under which the Master EIR was certified, and no new information, which was not known and could not have been known at the time that the Master EIR was certified as complete, has become available.
FISCAL IMPACT:
This action has no impact to the General Fund.
COMMITTEE RECOMMENDATION:
This item was reviewed by the Planning Commission on February 27, 2023, and the Commission recommended forwarding the item to Council for approval.
CEQA/NEPA REQUIREMENTS:
Staff has prepared an Initial Study, Environmental Assessment/C&ED No. 2023-xx, which concluded that the project is within the scope of the General Plan Master EIR (SCH No. 2014042081) and that pursuant to Section 21157.1 of the Public Resources Code, no new environmental review is required. The subsequent project is within the scope of the project covered by the Master EIR. All applicable policies, regulations, and mitigation measures identified in the Master EIR have been applied to the subsequent project or otherwise made conditions of approval of the subsequent project. No substantial changes have occurred with respect to the circumstances under which the Master EIR was certified, and no new information, which was not known and could not have been known at the time that the Master EIR was certified as complete, has become available.
RECOMMENDED COUNCIL ACTION:
Staff Recommendations:
Resolution approving the vacation of two Sewer Easements located northwest of the Crows Landing Road/Pueblo Avenue Intersection.
Resolution approving a Land Exchange Agreement between The City of Modesto, Southwest Hide Co. and Modesto Holding Company for the disposition of approximately 65,776 square feet of City property in exchange for receipt of approximately 103,819 square feet of property both of #5..
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City Council, March 14, 2023
Abandonment of Zeff Road between Crows Landing Road/CA-99 and intersection of Zeff Road and Crows Landing Road
which are located approximately adjacent to Crows Landing Road between CA-99 Freeway and Zeff Road.
Approved by:
Jessica Hill, Interim Director of Community
And Economic Development
Joseph P. Lopez, City Manager
Attachments:
1. Resolution (Abandonment)
2. Resolution (Land Exchange Agreement)
3. Land Exchange Agreement
4. Initial Study
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March 14, 2023/CED/KMartin/Item # 1 2023-xxx
MODESTO CITY COUNCIL
RESOLUTION NO. 2023-XX
RESOLUTION APPROVING THE VACATION OF TWO SEWER EASEMENTS
LOCATED NORTHWEST OF THE CROWS LANDING ROAD/PUBELO
AVENUE INTERSECTION
WHEREAS, the City owns two sewers easement (the “Sewer Easements”) located on that certain real property located roughly adjacent to the Tuolumne River, northwest of the Crows Landing Road/Zeff Road Intersection; and
WHEREAS, the location of Sewer Easements is further described and depicted in Exhibit A, attached hereto in incorporated herein; and
WHEREAS, the City Council has determined that the Sewer Easements are excess and unnecessary for present or prospective public use; and WHEREAS, there are no public utility facilities in use in the Sewer Easements, and the vacation of the Sewer Easements is in the best interests of the City of Modesto; and
WHEREAS, pursuant to the provisions of Section 8330 et seq., of the Streets and Highways Code, the City Council seeks to summarily vacate the Sewer Easements.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Modesto as follows:
1. The City Council hereby finds and determines that the above recitals are true and correct and have served as the basis, in part, for the findings and actions of the City set forth below.
2. The Sewer Easements described and depicted in Exhibit A, attached hereto and incorporated herein, are excess and unnecessary for present or #5..
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March 14,2023/CED/KMartin/Item # 2 2023-xxx
prospective public use and there are no public utility facilities in use in the Sewer Easements.
3. Pursuant to Chapter 4 of Part 3 of Division 9 of the California Streets and Highways Code, the Sewer Easements are hereby summarily vacated and abandoned. From and after the date this Resolution is recorded, the Sewer Easements shall no longer constitute a public service easement.
4. All entities having any right, title, or interest in the Sewer Easements, if any, have been notified of this action.
5. The City Clerk is hereby directed to record a certified copy of this Resolution in the office of the Stanislaus County Recorder pursuant to Streets and Highways Code section 8335 at the time required by the Land Exchange Agreement approved by the City Council on the same date as this Resolution.
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March 14, 2023/CED/KMartin/Item # 3 2023-xxx
The foregoing resolution was introduced at a regular meeting of the Council of the City of Modesto held on the __14th______ day of _March______, 2023, 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: Name, Name, Name, Name, Name, Name, Mayor Name
NOES: Councilmembers: None
ABSENT: Councilmembers: None
ATTEST: _____________________________
DIANE NAYARES-PREZ, CMC
City Clerk
(SEAL)
APPROVED AS TO FORM:
BY: ________________________________
JOSE M. SANCHEZ, City Attorney
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March 14,2023/CED/KMartin/Item # 1 2023-xxx
MODESTO CITY COUNCIL
RESOLUTION NO. 2023-XX
RESOLUTION APPROVING A LAND EXCHANGE AGREEMENT BETWEEN
THE CITY OF MODESTO, SOUTHWEST HIDE CO., AND MODESTO
HOLDING COMPANY FOR THE DISPOSITION OF APPROXIMATELY 65,776
SQUARE FEET OF CITY PROPERTY IN EXCHANGE FOR RECEIPT OF APPROXIMATELY 103,819 SQUARE FEET OF PROPERTY BOTH OF WHICH
ARE LOCATED APPROXIMATELY ADJACENT TO CROWS LANDING ROAD BETWEEN THE CA-99 AND ZEFF ROAD
WHEREAS, Zeff Road is a Minor Collector Street, which extends from the River Road/Janopaul Avenue intersection westward under the CA-99 Freeway then southward as a frontage road of the freeway, to the intersection of Zeff Road and Crows Landing Road; and
WHEREAS, in order to facilitate the development of the former Modesto Tallow site, the City and property owner desire to realign the existing Zeff Road to be located generally to the west of the current road right-of-way to be abandoned, providing for new Minor Collector Street standard alignment that would extend south to the intersection of Crows Landing Road and Pueblo Avenue, as shown in the attached exhibits; and WHEREAS, City staff is proposing to enter into a land exchange agreement whereby the City would transfer approximately 65,776 square feet of property consisting of an approximately 0.25-mile long segment of Zeff Road located generally adjacent to Crows Landing Road between the CA-99 freeway and Zeff Road and Crows Landing Road to Southwest Hide Co. and Modesto Holding Company; and WHEREAS, in exchange the City will receive 103,819 square feet of property consisting of 85,162 square feet for the new alignment of Zeff Road and 18,657 square feet for the proposed Pueblo Avenue; and
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March 14,2023/CED/KMartin/Item # 2 2023-xxx
WHEREAS, as part of the Land Exchange Agreement, the City will receive a license allowing the City and public to continue to use the current alignment of Zeff Road until after construction of the new alignment is completed; and WHEREAS, upon the completion of the new alignment, staff will return to the City Council so that the Council can formally vacate the Zeff road right-of-way that burdens the City property being transferred; and
WHEREAS, on February 23, 2023 the Planning Commission determined that the disposition of the City owned property conformed to the General Plan; and WHEREAS, the property to be disposed of by the City is exempt surplus land Pursuant to Government Code section 54221(f)(1)(C) because the City is exchanging the property for other real property to be used as public right-of-way; and WHEREAS, the City Council reviewed Initial Study, Environmental Assessment No. EA/C&ED 2023-05, and has determined that the project is within the scope of the General Plan Master EIR (SCH No. 2014042081) and that pursuant to Section 21157.1 of the Public Resources Code, no new environmental review is required.
NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Modesto that it hereby approves the transfer of approximately 65,776 square feet of property consisting of an approximately 0.25-mile long segment of Zeff Road.
BE IT FURTHER RESOLVED, that the City Manager is authorized to execute the Land Exchange Agreement, in a form approved by the City Attorney, and take all other actions necessary to carry out the purpose and intent of this Resolution. #5..
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March 14,2023/CED/KMartin/Item # 3 2023-xxx
The foregoing resolution was introduced at a regular meeting of the Council of the City of Modesto held on the ____14th____ day of __March_____, 2023, 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: Name, Name, Name, Name, Name, Name, Mayor Name
NOES: Councilmembers: None
ABSENT: Councilmembers: None
ATTEST: _____________________________
DIANE NAYARES-PREZ, CMC
City Clerk
(SEAL)
APPROVED AS TO FORM:
BY: ________________________________
JOSE M. SANCHEZ, City Attorney
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1 EXCHANGE AGREEMENT
This EXCHANGE AGREEMENT (“Agreement”) is entered into as of _________________, 2023 (“Effective Date”) by and between the City of Modesto, a California charter city (“City”), and Southwest Hide Co., an Idaho general partnership, as to a 50% undivided tenant in common interest, and Modesto Holding Company, a Delaware corporation, as to a 50% undivided tenant in common interest (collectively, “SWH/MHC”). City and SWH/MHC may hereinafter be referred to individually as “Party” and collectively as “Parties.” RECITALS:
A. City is the fee owner of certain real property (“City Exchange Property”) consisting of that portion of existing Zeff Road shown on Exhibit A attached hereto and incorporated herein by this reference (“Exchange Map”) as the “53,706 SF City Exchange Property License Area” and the “12,070 SF City Exchange Property Non-License Area”. The City Exchange Property is more particularly described on Exhibit B attached hereto and incorporated herein by this reference.
B. SWH/MHC is the fee owner of those certain parcels of real property located in the City, known on the Stanislaus County Assessor Rolls as APN 038-022-011 and 038-022-015 (“SWH/MHC Parcels”). The SWH/MHC Parcels include that certain real property (“SWH/MHC Exchange Property”) shown on the Exchange Map as the “New Zeff Road 85,162 SF Right-ofWay SWH/MHC Exchange Property” and “Proposed Pueblo Avenue 18,867 SF SWH/MHC Exchange Property”, and more particularly described in Exhibit C attached hereto and incorporated herein by this reference. The City Exchange Property and SWH/MHC Exchange Property may hereinafter be referred to individually as “Property” and collectively as “Properties”.
C. City desires to acquire the SWH/MHC Exchange Property from SWH/MHC, and SWH/MHC desires to acquire the City Exchange Property from the City, on the terms and conditions more particularly set forth in this Agreement.
D. The exchange of the SWH/MHC Exchange Property and the City Exchange Property will realign Zeff Road in a manner that improves traffic circulation, traffic safety, and which the City has determined will benefit the public and the orderly future development of properties owned by SWH/MHC. In order to maintain a continuous and uninterrupted route for vehicular traffic on Zeff Road to Crows Landing Road after the conveyance of the City Exchange Property, the Parties intend to enter into a license agreement as more particularly set forth below.
E. The Parties have determined that the value of the easements, licenses, property and other benefits the City will be receiving pursuant to this Agreement is approximately equal in value to the licenses, property, monies, and other benefits SWH/MHC will be receiving pursuant to this Agreement.
F. City finds that the transactions contemplated in this Agreement, including all Exhibits attached hereto and incorporated herein, (i) are consistent with the City’s General Plan, #5..
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2 (ii) further the health, safety and welfare of the City’s residents, and (iii) and are in conformity with the City’s economic development plans and Municipal Code.
TERMS:
NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Parties hereby agree as follows.
1. City Conveyance of City Exchange Property to SWH/MHC.
1.1 Conveyance. Subject to satisfaction of the conditions set forth in Section 1.2, below, City shall convey to SWH/MHC, and SWH/MHC shall accept from City, the City Exchange Property in accordance with the terms, covenants and conditions set forth herein. The conveyance of the City Exchange Property to SWH/MHC shall be accomplished by recordation of a grant deed substantially in the form attached hereto and incorporated herein as Exhibit D (“City Grant Deed”).
1.2 Conditions. Notwithstanding anything to the contrary set forth herein, City’s conveyance of the City Exchange Property to SWH/MHC is expressly conditioned upon satisfaction of the following conditions (“City Conditions”):
(i) The Parties deliver to one another through Escrow an executed License and Street Closure Agreement (“License Agreement”) in generally the form attached hereto and incorporated herein by this reference as Exhibit E;
(ii) The Parties deliver to one another through Escrow those easements and terminations of easements in recordable form mutually acceptable to the Parties according to the List of Easements set forth in Exhibit F attached hereto and incorporated herein by this reference (“Easement Documents”) including without limitation SWH/MHC granting City a fifteen foot (15’) sanitary sewer service easement over that portion of the City Exchange Property in which City sanitary sewer service lines are currently located as generally shown in Exhibit K attached hereto and incorporated herein by this reference;
(iii) SWH/MHC delivers to City through Escrow a fully executed in recordable form Irrevocable Offer of Dedication of Fee Interest (“IOD”) to the SWH/MHC Exchange Property in generally the form attached hereto and incorporated herein by this reference as Exhibit L; and
(iv) SWH/MHC is not in violation of any of its obligations under the terms and conditions of this Agreement.
(v) City delivers to SWH/MHC through Escrow in recordable form mutually acceptable to the Parties an abandonment of easement (“Abandonment”) by which City abandons to SWH/MHC the City’s sanitary sewer easement through the SWH/MHC Parcels near the Tuolumne River at the locations shown on Exhibit H attached hereto and incorporated herein by this reference;
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3 2. SWH/MHC Conveyance of SWH/MHC Exchange Property to City.
2.1 Conveyance. Subject to satisfaction of the conditions set forth in Section 2.2, below, SWH/MHC shall convey to City, and City shall accept from SWH/MHC, the SWH/MHC Exchange Property in accordance with the terms, covenants and conditions set forth herein. The conveyance of the SWH/MHC Exchange Property to City shall be accomplished by recordation of a grant deed substantially in the form attached hereto and incorporated herein by this reference as Exhibit G (“SWH/MHC Grant Deed”).
2.2 Conditions. Notwithstanding anything to the contrary set forth herein, conveyance of the SWH/MHC Exchange Property to the City is expressly conditioned upon satisfaction of all the following conditions (“SWH/MHC Conditions”):
(i) City delivers to SWH/MHC through Escrow a release of the terms and conditions License Agreement in a form reasonably acceptable to the Parties; (ii) City is not in violation of any of its obligations under the terms and conditions of this Agreement;
(iii) City has conveyed to SWH/MHC the City Exchange Area through Escrow under the terms and conditions of this Agreement; and
(vi) SWH/MHC has completed and City has accepted all Road Improvements as more particularly described in Section 12, below.
3. Closings.
3.1 Escrow; Escrow Instructions. Not later than three (3) days following the Effective Date, the Parties shall open an escrow (“Escrow”) at the office of Chicago Title Company, located at 1700 Standiford Avenue, Suite 110, Modesto, California 95350; Attention: Karla Sam-Sin (“Title Company” or “Escrow Agent”). Upon the opening of Escrow, the Parties shall deposit with the Escrow Agent an executed copy of this Agreement, which together with such additional instructions as may be executed by either Party and delivered to the Escrow Agent, shall serve as the escrow instructions of SWH/MHC and City for the conveyance of the SWH/MHC Exchange Property to City and the conveyance of the City Exchange Property to SWH/MHC.
3.2 Closing Costs. Each Party shall pay the cost of any title insurance such Party elects to purchase with respect to the Property to be acquired by such Party pursuant to this Agreement at the time such Party acquires the Property. SWH/MHC and City shall each pay one-half (1/2) of all other closing costs and escrow fees (including without limitation recording fees, escrow charges, real estate transfer taxes, and documentary transfer taxes) associated with the closing for the conveyance City Exchange Property to SWH/MHC (“Closing No. 1”) and the conveyance of the SWH/MHC Exchange Property to City (“Closing No. 2”); and together Closing No. 1 and Closing No. 2 hereinafter referred to as “Closings”).
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4 3.3 Closings; Documents and Funds; Timing.
3.3.1. Closing No. 1. Provided that the conditions set forth in Section 1.2 have been satisfied, and neither Party has terminated this Agreement prior to the end of the Due Diligence Period (as defined below), Closing No. 1 shall take place on a date (“Closing No. 1 Date”) as soon as practicable following the completion of all closing conditions and the deposit into Escrow of all the documents described in this Section. Notwithstanding the foregoing, if the Closing No. 1 Date has not occurred within one (1) year of the Effective Date, either Party may terminate this Agreement upon written notice to the other. The Parties each agree that they shall not unreasonably condition, delay, or withhold consent to an extension of the Closing No. 1 Date. Prior to the Closing No. 1 Date, the Parties shall deposit the following documents into Escrow:
(i) City and SWH/MHC deliver executed License Agreement; (ii) City delivers evidence of the completed Abandonment; (iii) City delivers fully executed City Grant Deed sufficient to convey good and marketable fee simple title to the City Exchange Property free of all title defects and encumbrances except the Permitted Exceptions (as defined below); (iv) SWH/MHC delivers a fully-executed IOD in recordable form; (v) City and SWH/MHC shall deliver executed Easement Documents; (vi) City and SWH/MHC each deliver their respective share of closing costs; and
(vii) City and SWH/MHC each deliver such additional duly executed instruments and documents as the Escrow Agent may reasonably require to consummate the conveyance of the City Exchange Property to SWH/MHC.
3.3.2. Closing No. 2. Provided that the conditions set forth in Section 2.2 have been satisfied, and neither Party has terminated this Agreement prior to the end of the Due Diligence Period (as defined below), Closing No. 2 shall take place on a date (“Closing No. 2 Date”; and together the Closing No. 1 Date and Closing No. 2 Date hereinafter “Closing Dates”) as soon as practicable following the completion of all closing conditions and the deposit into Escrow of all the documents described in this Section. Notwithstanding the foregoing, the Closing No. 2 Date shall occur within one (1) year of the Closing No. 1 Date, unless the Parties mutually agree to extend the Closing No. 2 Date. The Parties each agree that they shall not unreasonably condition, delay, or withhold consent to an extension of the Closing No. 2 Date. Prior to the Closing No. 2 Date, the Parties shall deposit the following documents into Escrow:
(i) City and SWH/MHC deliver a release of all terms and conditions of the License Agreement in a form reasonably acceptable to the Parties; #5..
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5 (ii) City and SWH/MHC each deliver their respective share of closing costs;
(iii) SWH/MHC delivers fully executed Grant Deed sufficient to convey good and marketable fee simple title to the SWH/MHC Exchange Property free of all title defects and encumbrances except the Permitted Exceptions (as defined below); and (iii) City and SWH/MHC each deliver such additional duly executed instruments and documents as the Escrow Agent may reasonably require to consummate the conveyance of the SWH/MHC Exchange Property to City.
3.4 Prorations.
3.4.1. Closing No. 1. In connection with the conveyance of the City Exchange Property to SWH/MHC, the Escrow Agent shall make the following prorations: (i) property taxes and assessments shall be prorated as of the Closing No. 1 Date based upon the most recent tax bill available, including any property taxes which may be assessed after the Closing No. 1 Date but which pertain to the period prior to the transfer of title, regardless of when or to whom notice thereof is delivered; (ii) any bond or assessment that constitutes a lien on the City Exchange Property on the Closing No. 1 Date shall be assumed by SWH/MHC (provided, however, it shall be a condition to Closing No. 1 that any such bond or assessment be paid current by each Party).
Any utility and sewer service charges shall be prorated as of the respective Closing No. 1 Date.
3.4.2. Closing No. 2. In connection with the conveyance of the SWH/MHC Exchange Property to City, the Escrow Agent shall make the following prorations: (i) property taxes and assessments shall be prorated as of the Closing No. 2 Date based upon the most recent tax bill available, including any property taxes which may be assessed after the Closing No. 2 Date but which pertain to the period prior to the transfer of title, regardless of when or to whom notice thereof is delivered; (ii) any bond or assessment that constitutes a lien on the SWH/MHC Exchange Property on the Closing No. 2 Date shall be assumed by City (provided, however, it shall be a condition to Closing that any such bond or assessment be paid current by each Party). Any utility and sewer service charges shall be prorated as of the Closing No. 2 Date.
3.5. Closing No. 1 Protocol. The Escrow Agent shall close Escrow for the conveyance of the City Exchange Property to SWH/MHC by:
(i) causing the City Grant Deed, the Easement Agreements, the IOD, and the Abandonment to be recorded in the Official Records of Stanislaus County; (ii) issuing the Title Policy (as defined below) for the City Exchange Property and delivering same to SWH/MHC;
(iii) delivering to City and SWH/MHC a conformed copy of all documents recorded in connection with the Closing No. 1, indicating recording information thereon; and #5..
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6 (iv) distributing to each Party fully executed copies of the License Agreement.
On Closing No 1 Date, possession of the City Exchange Property shall be delivered to SWH/MHC subject to the terms and conditions of the License Agreement.
3.6. Closing No. 2 Protocol. The Escrow Agent shall close Escrow for the conveyance of the SWH/MHC Exchange Property to City by:
(i) issuing the Title Policies (as defined below) for the SWH/MHC Exchange Property and delivering same to City;
(ii) delivering to City and SWH/MHC a conformed copy of all documents recorded in connection with the Closing No. 2, indicating recording information thereon; and (iii) distributing to each Party fully executed release of the terms and conditions of the License Agreement in form reasonably acceptable to the Parties.
On the Closing No. 2 Date, possession of the SWH/MHC Exchange Property shall be delivered to City.
4. Title Documents. No later than five (5) business days following the Effective Date, each Party shall deliver or cause to be delivered to the other Party a preliminary title report issued by the Title Company for its Property (“Preliminary Report”) setting forth all liens, encumbrances, easements, restrictions, conditions, and other matters of record affecting title to that Property (“Title Exceptions”) together with copies of all instruments referred to therein. Each Party shall approve or disapprove each Title Exception within ten (10) days following receipt of the Preliminary Report and instruments referred to in the Title Exceptions. Upon failure to object within such period, any Title Exceptions that are not disapproved shall be deemed to be Permitted Exceptions (as defined below). If either Party objects to any Title Exception, the other Party shall use its best efforts at its sole expense to remove from title or otherwise satisfy each such exception in a form that is reasonably satisfactory to the requesting Party within thirty (30) days following the date that the objecting Party objects to such exception. If the responsible Party is unable to remove the exception within such time, the requesting Party may either waive its objection to the Title Exception or terminate this Agreement.
5. Title Policy. It shall be a condition to the Closings that Title Company shall deliver to each Party, no later than ten (10) days prior to each of the Closings, a title commitment for an CLTA Owner's Title Insurance Policy ("Title Policy") to be issued by Title Company in an amount to be determined by the Parties receiving title, showing title to each Property, subject only to the Permitted Exceptions, including such endorsements as may reasonably be requested by each Party receiving title and committing Title Company to issue each Title Policy to the acquiring Party upon each of the Closings.
The following exceptions shown on the Preliminary Report (“Permitted Exceptions”) are approved by each of the Parties: (a) exceptions for a lien for local real estate taxes and assessments #5..
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7 not yet due or payable, including (without limitation) special taxes under Govt. Code §§53311– 53368.3 or installment assessments under Street & H C §§8500–8887; (b) the standard preprinted exceptions and exclusions of the Title Company; (c) any other exception shown on the Preliminary Report, other than exceptions for monetary liens, which the acquiring Party does not object to by written notice to the other Party on or before 5:00 pm Pacific on the date that is ten (10) days after delivery of the Preliminary Report and instruments referred to in the Title Exceptions (“Buyer’s Title Notice”).
6. Conveyance of Title. Each Party shall convey by grant deed to the other Party marketable fee simple title to its respective Property, free and clear of all recorded and unrecorded liens, encumbrances, restrictions, easements, and leases, except the Permitted Exceptions.
7. Due Diligence.
7.1 Feasibility Studies. During the period commencing upon the Effective Date and terminating thirty (30) days thereafter (“Due Diligence Period”), City and SWH/MHC may undertake further inspection, review and testing of both the SWH/MHC Exchange Property and the City Exchange Property, respectively, including without limitation (i) a review of the physical condition of such Property, including inspection and examination of soils, environmental condition, and archeological information relating to the Property; (ii) a completion of Phase I environmental assessment; (iii) a review and investigation of the effect of any zoning, maps, permits, reports, engineering data, regulations, ordinances, and laws affecting the Property, and (iv) an evaluation of the Property to determine its feasibility for the Party’s intended use. All of the foregoing is hereinafter collectively referred to as “Feasibility Studies.” The Parties may consult with or retain any experts they wish in order to determine if the Property is suitable for each Party’s intended use. Each Party shall bear its own costs for the Feasibility Studies and consultations with experts.
7.2 Contracts, Reports and Investigations. SWH/MHC and City each agree to make available within ten (10) days following the Effective Date, any and all information, studies, reports, investigations, contracts, leases, rental agreements and other obligations concerning or relating to the Property each Party has agreed to convey pursuant to this Agreement which are in such Party’s possession or which are reasonably available to such Party, including without limitation any Phase I Environmental Site Assessments, surveys, studies, reports and investigations concerning the property's physical, environmental or geological condition, habitability, or the presence or absence of Hazardous Substances in, on or under the Property and its compliance with Environmental Laws (as defined below).
7.3 Termination. Either Party may terminate this Agreement prior to the end of the Due Diligence Period by written notice to the other Party.
8. Right of Entry. During the Due Diligence Period, each Party grants to the other and to the other Party’s agents and employees a right to enter its Property upon reasonable notice to the other Party for the purpose of inspecting, examining, surveying and reviewing such Property in accordance with this Agreement. Each Party’s inspection, examination, survey and review of such Property shall be at such Party’s sole expense. Each Party shall obtain the other Party’s advance #5..
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8 consent to any proposed physical testing of the Property, which consent shall not be unreasonably conditioned, withheld or delayed. Physical tests shall be scheduled during normal business hours unless otherwise approved by the owner of the Property to be tested. Each Party agrees to indemnify the other Party and to hold the other Party harmless from and against all liability, loss, cost, damage and expense (including, without limitation, reasonable attorney's fees and costs of litigation) resulting from such Party’s activities pursuant to this Section. This Section will survive the expiration or termination of this Agreement and the Closings.
9. “As Is” Purchase. Except as otherwise specified in this Agreement, each Party agrees to accept the Property conveyed to it pursuant to this Agreement, including the land, all buildings, structures, improvements, equipment, and operating systems located on or under the land “AS IS, WHERE IS” and in its current state and condition, without any warranties whatsoever regarding its condition except as specifically described in this Agreement, and with all faults and defects, including Hazardous Substances and any other environmental conditions or hazards, if any, that may be located on, under, or around the Property, whether known or unknown, suspected or unsuspected, actual or potential, and each Party assumes all responsibility for any such faults, defects, and conditions as of the respective Closings.
10. Representations, Warranties, and Covenants.
10.1 Representations and Warranties. Each Party hereby represents, warranties, and covenants that except as disclosed in writing to the other Party, as of the Effective Date and as of the Closings: (i) no contracts, licenses, leases or commitments regarding the maintenance or use of its Property or allowing any third party rights to use its Property are in force; (ii) Party knows of no pending actions, suits, condemnation or other proceedings against or affecting its Property or any portion thereof or the interest of Party in its Property; (iii) there are no threatened or pending condemnation, eminent domain, or similar proceedings affecting its Property or any portion thereof; (iv) Party knows of no receipt of notice, warning, notice of violation, administrative complaint, judicial complaint, or other formal or informal notice alleging that conditions on its Property are in violation of any Environmental Law; and (v) Party has disclosed all material facts concerning its Property actually known to that Party.
10.2 Additional Representations. Each Party further represents and warrants that this Agreement and all other documents to which it is a party and delivered or to be delivered in connection herewith shall at the time of their delivery: (a) have been duly authorized, executed, and delivered; (b) be the binding obligations of that Party; (c) collectively be sufficient to transfer all of that Party's right, title and interest in and to its Property; and (d) not be in violation of the provisions of any agreement to which Party is a party or which affects its Property. Each Party further represents and warrants that the persons who have executed this Agreement on behalf of that Party are authorized to do, that it has the legal right to enter into this Agreement and to perform all of its terms and conditions, and that this Agreement is enforceable against the Party in accordance with its terms.
10.3 Covenants. Each Party covenants that from the Effective Date and through the Closings, it: (i) shall not willingly permit any liens, encumbrances, or easements to be placed on its Property other than Permitted Exceptions and SWH/MHC shall have the right to mortgage the #5..
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9 SWH/MHC Exchange Property for the purpose of financing the construction of the Road Improvements; provided, however, the SWH/MHC Exchange Property shall be free of any such mortgage as a condition of Closing No. 2; (ii) shall not without the prior written consent of the other Party, enter into any agreement regarding the sale, rental, management, repair, improvement, or any other matter affecting its Property that would be binding on the other Party or its Property after the Close of Escrow; (iii) shall not permit any act of waste or act that would tend to diminish the value of its Property for any reason, except that caused by ordinary wear and tear; and (iv) shall maintain its Property in its condition as of the date hereof, ordinary wear and tear excepted, and shall manage its Property substantially in accordance with its established practices.
10.4 Notification. Each Party shall notify the other Party of any facts that would cause any of the representations contained in this Agreement to be untrue as of the Close of Escrow. If either Party reasonably believes that any fact materially and adversely affects its Property, such Party shall have the option to terminate this Agreement by delivering written notice thereof to other Party. In the event either Party elects to terminate this Agreement, all funds and documents deposited into Escrow by or on behalf of each Party shall be returned to that Party, and all rights and obligations hereunder shall terminate.
11. Mutual Release & Indemnity. Each Party (i) releases and forever discharges the other Party from any and all claims and causes of action regarding the Property the Party is acquiring pursuant to this Agreement under or with respect to any Environmental Laws, including without limitation the California Hazardous Substance Account Act, California Health and Safety Code Section 25300 et seq., (including section 25359.7), the Comprehensive Environmental Response, Compensation, and Liability Act, (“CERCLA”) title 42 U.S.C. section 9601 et seq., the Resource Conservation and Recovery Act (“RCRA”) title 42 U.S.C. section 6901 et seq.; and the Clean Water Act, title 33 U.S.C. section 2601 et seq., as these laws may be amended in the future; and (ii) agrees to defend (with counsel approved by both Parties, which approval will not be unreasonably withheld) indemnify, protect and hold the other Party free and harmless from any claim, liability, damages of any kind, attorneys’ fees, costs, etc. arising out of or resulting from the physical condition or use of its Property on or after Close of Escrow, including, without limitation, due to the presence of Hazardous Substances on its Property, as well as any claims or causes of action threatened or made by anyone relating to the condition or use of its Property, including, without limitation, third parties adjoining property owners, governmental agencies, or claims brought under Proposition 65, California Health and Safety Code Sections 25249.5-25249.13. For the purposes of this Section, “its Property” shall refer to the Property the Party acquires pursuant to this Agreement.
11.1 “Hazardous Substances” means any chemical, compound, material, mixture, or substance that is now or may in the future be defined or listed in, or otherwise classified pursuant to any Environmental Laws (defined below) as a “hazardous substance”, “hazardous material”, “hazardous waste”, “extremely hazardous waste”, “infectious waste”, “toxic substance”, “toxic pollutant”, or any other formulation intended to define, list or classify substances by reason of deleterious properties such as ignitability, corrosivity, reactivity, carcinogenicity, or toxicity. The term “hazardous substances” shall also include asbestos or asbestos-containing materials, radon, methyl tertiary butyl ether, perchlorate, polychlorinated biphenyls, petroleum, petroleum products or by-products, petroleum components, oil, mineral spirits, natural gas, natural gas liquids, #5..
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10 liquefied natural gas, and synthetic gas usable as fuel, whether or not defined as a hazardous waste or hazardous substance in the Environmental Laws.
11.2 “Environmental Laws” means any and all federal, state and local statutes, ordinances, orders, rules, regulations, guidance documents, judgments, governmental authorizations, or any other requirements of governmental authorities, as may presently exist, or as may be amended or supplemented, or hereafter enacted, relating to the presence, release, generation, use, handling, treatment, storage, transportation or disposal of Hazardous Substances, or the protection of the environment or human, plant or animal health.
12. Additional Covenants. As additional inducement for the Parties to enter this Agreement and complete, each of the Parties covenants and agrees as follows:
12.1. Road Improvements on the SWH/MHC Exchange Property. SWH/MHC shall complete all road improvements within the SWH/MHC Exchange Property to realign Zeff Road from the City Exchange Property to the SWH/MHC Exchange Property (“Road Improvements”), at SWH/MHC sole cost and expense, according to plans and specifications approved by the City under the terms and conditions of City standard encroachment permit.
12.1.1 Plans & Specifications. SWH/MHC has submitted to City plans and specifications for the Road Improvements which are subject to City’s approval according to applicable City standards and requirements. The SWH/MHC’s final plans and specifications (as approved by City) are referred to herein as the "Plans and Specifications" and will be prepared by SWH/MHC’s licensed civil engineer with sufficient detail to construct the Road Improvements.
The Plans and Specifications include designs and locations for the Road Improvements. To the extent not included in the Plans and Specifications, SWH/MHC will deliver to City such other materials as appropriate to provide City with reasonably sufficient initial information to review and approve the Plans and Specifications. City’s approval or disapproval of the Plans and Specifications will be promptly completed and communicated to SWH/MHC accompanied by a description of the basis for any disapproval. City, by approving the Plans and Specifications, does not assume any liability therefor or make any warranty as to the design, construction, or suitability of materials or equipment specified therein, and City will not be liable for any defects in design or construction completed in accordance with the Plans and Specifications or any equipment, machinery, appliance or material incorporated therein. SWH/MHC will defend, indemnify and hold City and its Indemnitees (as defined herein) harmless from and against any and all Claims (as defined herein) arising out of or relating to any error or defect in the Plans and Specifications and construction of the Road Improvements. The Parties obligation to indemnify under this Section shall survive the termination or expiration of this Agreement.
12.1.2. Construction Standards. SWH/MHC will cause the Road Improvements to be constructed in a lien-free, good and workmanlike manner and in strict compliance with the Permits, City approved Plans and Specifications (“Final Plans and Specifications”), and otherwise in compliance with the provisions of this Agreement. SWH/MHC will cause the construction of the Road Improvements to be carried out with such materials and equipment as SWH/MHC shall select, all of which will be consistent with the Permits and Final #5..
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11 Plans and Specifications. SWH/MHC will diligently pursue until completion the correction of any defects in the design and/or construction of the Road Improvements.
12.1.3 Bonds. Prior to commencement of construction of Road Improvements, SWH/MHC or their contractor will provide City completion and performance and payment bonds, on a form approved by the City Attorney, from a surety or sureties licensed to do business in the State of California in an amount equal to one hundred percent (100%) of the estimated cost of the Road Improvements insuring full payment for all labor and materials and faithful performance of the construction of the Road Improvements so as to guarantee the lien-free completion of all such work, and naming City as an additional insured/beneficiary under such bond or bonds. Prior to acceptance of the Road Improvements by the City, SWH/MHC shall provide the City with a Guarantee and Warranty Security Bond, in a form approved by the City Attorney, in the amount often percent (10%) of the estimated cost of the Road Improvements to guarantee and warrant the Road Improvements for a period of one (1) year following the completion and acceptance thereof against any defective work or labor done, or defective materials furnished.
12.1.4 Additional Construction Requirements. All work done in connection with the construction of the Road Improvements will be done in a first-class and workmanlike manner and substantially in accordance with the applicable Permits, and Final Plans and Specifications.
12.1.5 Title to Road Improvements. Upon completion and written acceptance by the City, the Road Improvements and all improvements of whatever nature therein, will become and remain the property of City.
12.1.6 Inspection During Construction. SWH/MHC will keep City informed of construction progress for the Road Improvements and will allow City, City’s authorized representatives, agents, and/or employees to inspect any construction upon the Road Improvements in order to determine whether SWH/MHC are complying with SWH/MHC’s undertakings, duties and obligations under this Agreement, and the Permits. Such inspections will not materially interfere with any construction being done by or on behalf of SWH/MHC. No such inspection will be deemed or construed as City’s waiver or approval of any default by SWH/MHC under this Agreement existing at the time of the inspection which City does not discover during the inspection.
12.1.7 Surveys and As-Built Plans. As soon as practical (however, in no event to exceed six (6) calendar months) after completion and acceptance by City of the Road Improvements, SWH/MHC will furnish to City, at SWH/MHC sole cost and expense (i) two (2) complete sets of final “As-Built” plans and specifications of the completed Road Improvements, and (ii) two (2) duplicates of any plat of survey prepared in connection with completion of the Road Improvements, depicting to scale the exact location of the Road Improvements.
12.1.8 Insurance. SWH/MHC, at its sole cost and expense, must carry insurance, for its activities in connection with the Road Improvements, and obtain, keep in force, and maintain insurance, for general liability, workers compensation, property, and business automobile liability adequate to cover its potential liabilities hereunder, with limits not less than #5..
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12 Two Million Dollars ($2,000,000) per occurrence. Insurance policies shall be endorsed to name as an additional insured the City and its officers, agents, and employees. Insurance certifications shall be provided to the City for approval prior to the commencement of any construction or preconstruction work.
12.4 Survivability. The provisions of this Section 12 shall survive the Close of Escrow.
13. Miscellaneous Provisions.
13.1 Notices. Except as otherwise specified in this Agreement, all notices to be sent pursuant hereto shall be made in writing, and sent to the parties at their respective addresses specified below or to such other address as a party may designate by written notice delivered to the other parties in accordance with this Section. All such notices shall be sent by:
(i) personal delivery, in which case notice shall be deemed delivered upon receipt;
(ii) certified or registered mail, return receipt requested, in which case notice shall be deemed delivered two (2) business days after deposit, postage prepaid in the United States mail;
(iii) nationally recognized overnight courier, in which case notice shall be deemed delivered one (1) day after deposit with such courier; or (iv) facsimile transmission, in which case notice shall be deemed delivered on transmittal, provided that a transmission report is generated reflecting the accurate transmission thereof.
City: City of Modesto
1010 10th Street
Modesto, CA 95354
Attention: City Manager
SWH/MHC: William A. Shirley
2621 State Street
Dallas, Texas 75204
Phone: 214-689-0320
Email: [email protected]
With copy to: Russell A. Newman, Esq.
1034 12th Street
Modesto, CA 95354
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13 Phone: 209-521-9521
Email: [email protected]
13.2 Attorneys’ Fees. In any action at law or in equity, arbitration or other proceeding arising in connection with this Agreement, the prevailing party shall recover reasonable attorneys’ fees and other costs, including but not limited to court costs and expert and consultants fees incurred in connection with such action, in addition to any other relief awarded.
13.3 Escrow Cancellation Charges. If the Escrow fails to close by reason of a default by SWH/MHC or City hereunder, such defaulting party shall pay all escrow or other Title Company charges. If the Escrow fails to close for any reason other than default by SWH/MHC or City, then SWH/MHC and City shall each pay one-half of such charges.
13.4 Amendments; Assignment. This Agreement may be amended only by a written instrument executed by the Parties hereto or their successors in title. This Agreement may not be assigned without written authorization from both Parties.
13.5 Severability. If any term, provision, or condition of this Agreement is held by a court of competent jurisdiction to be invalid or unenforceable, the remainder of this Agreement shall continue in full force and effect unless the rights and obligations of the Parties have been materially altered or abridged thereby.
13.6 Waiver. A waiver by either party of the performance of any covenant or condition herein shall not invalidate this Agreement nor shall it be considered a waiver of any other covenant or condition, nor shall the delay or forbearance by either party in exercising any remedy or right be considered a waiver of, or an estoppel against, the later exercise of such remedy or right.
13.7 Default and Remedies. An event of default (“Default”) under this Agreement shall occur if either Party fails to comply with any of such Party’s covenants or obligations set forth herein and does not cure such failure within twenty (20) days after receipt of written notice thereof (or in the case of a non-monetary default, fails to commence to cure such default within such 10- day period and fails to thereafter proceed with due diligence to cure such default.) Upon the occurrence of an event of default hereunder the Parties may pursue all remedies at law or in equity including the remedy of specific performance. The rights and remedies of the Parties hereunder are cumulative, and the exercise or failure to exercise one or more of such rights or remedies by either Party shall not preclude the exercise by it, at the same time or different times, of any right or remedy for the same default or any other default.
13.8 Entire Agreement. This Agreement, together with Exhibit A through Exhibit L which are hereby incorporated by reference, contains the entire agreement between the Parties with respect to the subject matter hereof, and supersedes all prior negotiations, documents and discussions pertaining thereto.
13.9 Binding Effect; Due Authorization. This Agreement shall be binding upon and inure to the benefit of the heirs, administrators, executors, successors in interest and assigns of each of the Parties hereto. Any reference in this Agreement to a specifically named party shall be #5..
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14 deemed to apply to any successor, heir, administrator, executor or assign of such party who has acquired an interest in compliance with the terms of this Agreement, or under law.
13.10 Parties Not Co-Venturers; No Brokers. Nothing in this Agreement is intended to or does establish the Parties as partners, co-venturers, or principal and agent with one another.
Each Party hereby represents and warrants to the other Party that it has retained no broker or other party to whom a commission or finder's fee is due with respect to the transactions contemplated hereby. Each Party agrees to defend, indemnify, and hold the other Party harmless from and against all claims, losses, costs, expenses and liabilities arising in connection with a breach of this representation and warranty by the indemnifying party. The terms of this Section shall survive the expiration or earlier termination of this Agreement and shall survive Close of Escrow.
13.11 No Third Party Beneficiaries. Nothing contained in this Agreement is intended by the Parties, nor shall any provision of this Agreement be deemed or construed by the Parties or by any third person, to be for the benefit of any third party, nor shall any third party have any right to enforce any provision of this Agreement or be entitled to damages for any breach by SWH/MHC or City of any of the provisions of this Agreement.
13.12 Captions; Interpretation. The section headings used herein are solely for convenience and shall not be used to interpret this Agreement. The Parties acknowledge that this Agreement is the product of negotiation and compromise on the part of both Parties, and the Parties agree, that since both Parties have participated in the negotiation and drafting of this Agreement, this Agreement shall not be construed as if prepared by one of the Parties, but rather according to its fair meaning as a whole, as if both Parties had prepared it.
13.13 Counterparts. This Agreement may be executed in multiple counterparts, each of which shall be an original and all of which together shall constitute one agreement.
13.14 Further Assurances. The Parties each agree to execute, acknowledge and deliver to the other such other documents and instruments, and to undertake such actions, as either shall reasonably request or as may be necessary to carry out the intent of this Agreement.
13.15 Governing Law; Time is of the Essence. This Agreement shall be interpreted under and pursuant to the laws of the State of California without regard to principle of conflicts of laws.
Any legal action filed in connection with this Agreement shall be filed in the Superior Court of Stanislaus County, California or in the Federal District Court for the Eastern District of California.
Time is of the essence and is a material term for all conditions and provisions contained in this Agreement.
13.16 No Merger; Survival of Representations. The obligations stated herein which are intended to operate after the Close of Escrow, including without limitation indemnification obligations and the obligations in Section 12 shall not merge with the transfer of title but shall remain in effect until fulfilled as provided herein. Without limiting the generality of the foregoing, the representations and warranties made by each Party shall survive Close of Escrow. #5..
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15 13.17 Indemnification and Insurance. Except where otherwise specified herein, each Party shall indemnify, defend and hold harmless the other Party and its respective boards, commissions, and elected and appointed officials, employees, agents and contractors (collectively “Indemnitees”) from and against all claims, actions, proceedings, demands, liabilities, judgments, losses, expenses (including reasonable attorneys’ fees and expenses) and costs (collectively “Claims”) arising out of or related to the indemnifying Party’s negligence or willful misconduct.
Each Party shall promptly notify the other Party of any such Claim. Nothing contained in this Section shall prohibit a Party from participating in a defense of any Claim, and if it chooses to do so, it shall be reimbursed for its reasonable attorneys’ fees and expenses. The provisions of this Section shall survive the expiration or termination of this Agreement and Close of Escrow.
13.18 Compliance with Applicable Laws. Parties, and any subcontractors retained by a Party, to complete the Road Improvements shall comply with all federal, state, and local laws and regulations applicable to the performance of obligations under this Agreement including, to the extent required by the California Labor Code section 1720 et seq., payment of not less than the latest prevailing wage rates as determined by the California Department of Industrial Relations.
The Parties shall, at their sole cost and expense, obtain all necessary permits from any public agency with jurisdiction over any of the work required by this Agreement, including the City of Modesto.
REMAINDER OF PAGE INTENTIONALLY LEFT BLANK
[Signatures on Following Page]
IN WITNESS WHEREOF, the City and SWH/MHC have executed this Agreement as of the Effective Date first written above.
CITY OF MODESTO
By:________________________________
Joseph Lopez
City Manager
Attest:
By:_______________________________
Diane Nayares-Perez
City Clerk
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16 Approved as to Form:
By: ___________________________
Jose M. Sanchez
City Attorney
SOUTHWEST HIDE CO., an
Idaho general partnership, as to a 50%
undivided tenant in common interest
By: ________________________________
Name:
Its:
MODESTO HOLDING COMPANY,
a Delaware corporation as to a 50%
undivided tenant in common interest
By: _________________________________
Name: William A. Shirley
Its: President
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Updated: August 2020
City of Modesto
Finding of Conformance with the
Urban Area General Plan Master EIR
(SCH No. 2014042081)
Initial Study Environmental Checklist
C&ED No. 2023-xx
For the proposed:
ABD-22-001
Zeff Road Abandonment and Realignment
Zeff Road west of Pueblo Ave
Prepared by:
City of Modesto
Community & Economic Development Department
Planning Division
January 30, 2023
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Updated: August 2020
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ABD-22-001: Zeff Rd. Abandonment Initial Study EA No. 2023-XX City of Modesto General Plan Master EIR 1 January 30, 2023 City of Modesto
Master EIR Initial Study Environmental Checklist
I. PURPOSE
CEQA allows for the limited environmental review of subsequent projects under the City’s Master Environmental Impact Report (“Master EIR”). This Initial Study Environmental Checklist (“Initial Study”) is used in determining whether the Zeff Road Abandonment and Realignment (“Project”) is “within the scope” of the project analyzed in the Modesto Urban Area General Plan Master EIR (SCH# 2014042081) (Public Resources Code section 21157.1). When the Initial Study supports this conclusion, the City will issue a Finding of Conformance.
A subsequent project is “within the scope” of the Master EIR when:
1. it will have no additional significant effects on the environment that were not addressed as significant effects in the Master EIR; and,
2. no new or additional mitigation measures or alternatives are required. “Additional significant effects” means a project-specific effect that was not addressed as a significant effect in the Master EIR. [Public Resources Code Section 21158(d)] The determination must be based on substantial evidence in the record. “Substantial evidence” means facts, reasonable assumptions predicated upon facts, or expert opinion based on facts. It does not include speculation or unsubstantiated opinion. (CEQA Guidelines Section 15384) II. PROJECT DESCRIPTION
A. Title: ABD-22-001—Abandonment of 0.25-mile segment of Zeff Road west of Pueblo Avenue at Crows Landing Road, with realignment of segment to the west.
B. Address or Location: Zeff Road west of Pueblo Avenue, from northern tip of Assessor’s Parcel Number 038-022-001 and intersection of Pueblo Avenue and Crows Landing Road.
C. Applicant: Modesto Holding Company (Attn: James Reeder) 2621 State St. Dallas, TX 75204 (214)727-2421
D. City Contact Person: Katharine Martin, Senior Planner Project Manager: Katharine Martin, Senior Planner
Department: Community and Economic Development, Planning Division Phone Number: 209-577-5267
E-mail address: [email protected]
E. Current General Plan Designation(s): Industrial (I)
F. Current Zoning Classification(s): Heavy Industrial (M-2) #5..
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ABD-22-001: Zeff Rd. Abandonment Initial Study EA No. 2023-XX City of Modesto General Plan Master EIR 2 January 30, 2023 G. Surrounding Land Uses:
North: Heavy Industrial (M-2) Zone, Vacant land, State Highway CA-99 South: Heavy Industrial (M-2) Zone, Vacant land
East: Heavy Industrial (M-2) Zone, Crows Landing Road right-of-way, commercial uses
West: Heavy Industrial (M-2) Zone, Vacant land, former tallow rendering plant, Tuolumne River
H. Project Description, including the project type listed in Section II.C (Anticipated Future Projects) of the Master EIR (Attach additional maps/support materials as needed for complete record):
Abandonment of a 0.25-mile segment of Zeff Road from the intersection of Zeff Road and Crows Landing Road (200-feet north of Pueblo Avenue) to the northerly tip of Assessor’s Parcel Number 038-022-001. Abandonment is associated with a land exchange agreement between the City of Modesto and the underlying property owner for the area of a new alignment of Zeff Road, for connection to the intersection of Crows Landing Road at Pueblo Avenue, as shown on the maps below.
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ABD-22-001: Zeff Rd. Abandonment Initial Study EA No. 2023-XX City of Modesto General Plan Master EIR 3 January 30, 2023 #5..
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ABD-22-001: Zeff Rd. Abandonment Initial Study EA No. 2023-XX City of Modesto General Plan Master EIR 4 January 30, 2023
STREET ABANDONMENT
ABD-22-001
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ABD-22-001: Zeff Rd. Abandonment Initial Study EA No. 2023-XX City of Modesto General Plan Master EIR 5 January 30, 2023
NEW ZEFF ROAD ALIGNMENT (PROPERTY EXCHANGE AREA)
ABD-22-001
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ABD-22-001: Zeff Rd. Abandonment Initial Study EA No. 2023-XX City of Modesto General Plan Master EIR 6 January 30, 2023 III. FINDINGS / DETERMINATION (SELECT ONE ON THE BASIS OF THE ANALYSIS
IN SECTION IV)
1. X Within the Scope – The project is within the scope of the Master EIR and no new environmental document or Public Resources Code Section 21081 findings are required. All of the following statements are found to be true:
A. The subsequent project will have no additional significant effect on the environment, as defined in subdivision (d) of Section 21158 of the Public Resources Code, that was not identified in the Master EIR;
B. No new or additional mitigation measures or alternatives are required; C. The subsequent project is within the scope of the project covered by the Master EIR; and,
D. All applicable policies, regulations, and/or mitigation measures identified in the Master EIR have been applied to the subsequent project or otherwise made conditions of approval of the subsequent project.
2. Mitigated Negative Declaration Required – On the basis of the above determinations, the project is not within the scope of the Master EIR. A mitigated negative declaration will be prepared for the project. The following statements are all found to be true:
A. The subsequent project is within the scope of the project covered by the Master EIR; B. All applicable policies, regulations, and mitigation measures identified in the Master EIR have been applied to the subsequent project or otherwise made conditions of approval of the subsequent project; and,
C. The project will have one or more potential new significant effects on the environment that were not addressed as significant effects in the Master EIR. New or additional mitigation measures are being required of the project that will reduce the effects to a less than significant level.
3. Focused EIR Required – On the basis of the above determinations, the project is not within the scope of the Master EIR. A Focused EIR will be prepared for the project. All of the following statements are found to be true:
A. The subsequent project is within the scope of the project covered by the Master EIR; B. All applicable policies, regulations, and mitigation measures identified in the Master EIR have been applied to the subsequent project or otherwise made conditions of approval of the subsequent project; and,
C. The project will have one or more new significant effects on the environment that were not addressed as significant effects in the Master EIR. New or additional mitigation measures or alternatives are required as a result.
Project Manager Title Date
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ABD-22-001: Zeff Rd. Abandonment Initial Study EA No. 2023-XX City of Modesto General Plan Master EIR 7 January 30, 2023
4. Within the Scope Analysis of this Document:
The Master EIR allows projects to be found within the scope of the MASTER EIR if certain criteria are met. If the following statements are found to be true for all 20 impact categories included in this Initial Study, then the proposed project is addressed by the Master EIR analysis and is within the scope of the Master EIR. Any “No” response must be discussed.
YES NO
(1) The lead agency for subsequent projects shall be the City of Modesto or a responsible agency identified in the Master EIR.
(2) City policies that reduce, avoid, or mitigate environmental effects will continue to be in effect and, therefore, would be applied to subsequent projects where appropriate. The policies are described in the list of policies in place as “mitigating policies” attached to the Initial Study template. Project impacts would be mitigated to a less-than-significant level using the Master EIR’s mitigating policies only.
(3) Federal, State, regional, and Stanislaus County regulations do not change in a manner that is less restrictive on development than current law (i.e., would not offer the same level of protection assumed under the Master EIR).
(4) No specific information concerning the known or potential presence of significant resources is identified in future reports, or through formal or informal input received from responsible or trustee agencies or other qualified sources. (5) The project will occur within the boundaries of the City’s planning area as established in the Urban Area General Plan.
(6) Implementation of the project will comply with all appropriate mitigating policies contained and enumerated in the 2019 Urban Area General Plan Master EIR.
5. Currency of the Master EIR Document
The Master EIR should be reviewed on a regular basis to determine its currency, and whether additional analysis / mitigation should be incorporated into the Master EIR via a Supplemental or Subsequent EIR (CEQA Section 21157.6). Staff has reviewed Sections 1 through 20 of this document in light of the criteria listed below to determine whether the Master EIR is current. The analyses contained within the Master EIR are current as long as the following circumstances have not changed. Any “no” response must be explained.
YES NO
(1) Certification of the Urban Area General Plan Master EIR occurred less than five (5) years prior to the filing of the application for this subsequent project. (2) The proposed project is described in the Master EIR and its approval will not affect the adequacy of the Master EIR for any subsequent project because the City can make the following findings:
(a) No substantial changes have occurred with respect to the circumstances under which the Master EIR was certified;
(b) No new information, which was not known and could not have been known at the time the Master EIR was certified as complete, has become available; and, #5..
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ABD-22-001: Zeff Rd. Abandonment Initial Study EA No. 2023-XX City of Modesto General Plan Master EIR 8 January 30, 2023 (c) Policies that require site-specific mitigation, and avoidance or other mitigation of impacts as a prerequisite to future development, remain in full force and effect.
Discussion:
(1) The General Plan Master EIR was last certified on March 5, 2019. The analysis contained in the Master EIR is adequate for subsequent projects, as documented in the discussion below. (2) The project is consistent with the analysis contained in the Master EIR. This is documented in the discussion of the 20 individual evaluation topics within this initial study. (2)(a) There have been no substantive changes to the Urban Area General Plan since the Master EIR was certified that would create additional significant environmental effects that were not analyzed by the Master EIR.
(2)(b) There has been no new information that would affect the adequacy of the analysis contained in the Master EIR.
(2)(c) All policies contained in the Master EIR that require site-specific mitigation or avoidance of impacts remain in effect and will be applied to the project as appropriate.
IV. ENVIRONMENTAL ANALYSIS
This Initial Study, in accordance with Section 21157.1(b) of the Public Resources Code, discloses whether the proposed project may cause any project-specific significant effect(s) to the environment that was not examined in the Final Master EIR for the Urban Area General Plan, and whether new or additional mitigation measures or alternatives may be required as a result. The Initial Study thereby documents whether or not the project is “within the scope” of the Master EIR.
Pursuant to Public Resources Code Section 21157.1, no new environmental document or findings are necessary for projects that are determined to be within the scope of the Master EIR. Adoption of the findings specified in Section III.1, above, after completion of the Initial Study fulfills the City’s obligation in that situation. All environmental effects cited reflect 2040 conditions resulting from the Urban Area General Plan, as identified in the Master EIR.
The environmental impact analysis in the Master EIR for the Urban Area General Plan is organized in twenty subject / topical areas. The following analysis is based on the impact analyses contained in Chapter V of the Master EIR. For ease of reference, the sections are numbered in the same order as the analyses in Chapter V.
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ABD-22-001: Zeff Rd. Abandonment Initial Study EA No. 2023-XX City of Modesto General Plan Master EIR 9 January 30, 2023
1. TRAFFIC AND CIRCULATION
a. Significant Effects Identified in the Master EIR
The Master EIR discloses the following residual significant and unavoidable traffic and circulation impacts expected after application of mitigating policies.
Direct Impacts
Effect: Increased automobile traffic will result in roadway segments (see Master EIR Table V-1-6, pages V-1-36 to V-1-39) operating at LOS D, Modesto’s significance threshold for automobile traffic, or lower (LOS E or F).
Effect: The substantial increase in traffic relative to the existing load and capacity of the street system will cause, either individually or cumulatively, the violation of automobile service standards established by StanCOG’s Congestion Management Plan for designated roads and highways.
Effect: A substantial increase in automobile vehicle miles traveled (see Master EIR Tables V-1-7 through V-1-10, pages V-1-44 through V-1-45).
Cumulative Impacts
Effect: Potential for growth inducement or acceleration of development resulting from highway and local road projects.
Effect: Substantial increase in traffic in relation to the existing traffic load and capacity of the street system, including a violation, either individually or cumulatively, of an automobile LOS standard established by the Congestion Management Plan for designated roads and highways.
Effect: Increased demand for capacity-enhancing alterations to existing roads or automobile traffic reduction.
Other impact categories affected by Traffic and Circulation are addressed throughout this Initial Study (see also: Section 2, Air Quality and Greenhouse Gas Emissions; Section 3, Generation of Noise; Section 18, Energy; Section 19, Visual Resources; and, Section 20, Land Use and Planning). b. Urban Area General Plan Mitigating Policies Applied to the Project Traffic and Circulation-related mitigating policies pertinent to this project are found on Master EIR pages V-1-7 through V-1-30. All mitigating policies appropriate to the project, including any new measures, will be incorporated into or made conditions of approval of this project and are listed in Section V, “Mitigating Policies Applied to Project.”
Discussion:
The appropriate mitigating policies to be applied to this project include none from the Master EIR. No new or additional mitigation measures or alternatives are required to reduce project impacts to a lessthan-significant level. c. Project-Specific Effects
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ABD-22-001: Zeff Rd. Abandonment Initial Study EA No. 2023-XX City of Modesto General Plan Master EIR 10 January 30, 2023 Section V-1.B of the Master EIR provides analysis of Traffic and Circulation impacts of development of the General Plan. The following is an analysis of whether the proposed project would result in any new, significant, project-specific effect(s) that were not disclosed in the Master EIR.
Significance Criteria: A subsequent development project will have a new significant effect on the environment if it would exceed the following thresholds / criteria:
Potentially
Significant
Impact
Less Than
Significant
w/Mitigating
Policies
Less Than
Significant
Impact
No
Impact
1. TRAFFIC AND CIRCULATION
1) The proposed project would conflict with an
applicable plan, ordinance or policy (including those
within the Urban Area General Plan) establishing
measures of effectiveness for the performance of
the circulation system, taking into account all
modes of transportation including mass transit and
non-motorized travel and relevant components of
the circulation system including, but not limited to
intersections, streets, highways and freeways,
pedestrian and bicycle paths, and mass transit.
2) The proposed project would conflict with an
applicable congestion management program,
including, but not limited to, level of service
standards and travel demand measures, or other
standards established by the county congestion
management agency, for designated facilities.
3) The proposed project would result in a change in
air traffic patterns, including either an increase in
traffic levels or a change in location that results in
substantial safety risks.
4) The proposed project would substantially
increase hazards due to a design feature (e.g. sharp
curves or dangerous intersections) or incompatible
uses (e.g. farm equipment), or result in inadequate
emergency access.
5) The proposed project would conflict with adopted
policies, plans, or programs regarding public transit,
bicycle, or pedestrian facilities, or otherwise
decrease the performance or safety of such
facilities.
6) The proposed project would result in projected
Level of Service “D” or worse for non-exempt City of
Modesto roadways, Caltrans facilities, and/or
County of Stanislaus roadways.
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ABD-22-001: Zeff Rd. Abandonment Initial Study EA No. 2023-XX City of Modesto General Plan Master EIR 11 January 30, 2023 Discussion:
(1) The proposed street abandonment and realignment to a new right-of-way (ROW) would not conflict with any traffic plan, ordinance or policy document. Zeff Road is a Minor Collector Street that runs parallel to State Highway CA-99 and Crows Landing Road, an arterial street. The segment being abandoned is a quarter-mile long stretch between the existing intersection of Zeff Road and Crows Landing Road, north of Pueblo Avenue. The exchange of property between the City and the property owner would provide for a new alignment of Zeff Road to be located generally westerly of the current street alignment, and connect to Crows Landing Road at a new signalized intersection at Crows Landing Road and Pueblo Avenue. (2) The proposed land use amendment would not exceed a level of service standard established by the county congestion management agency (StanCOG).
(3) The nearest airport is the City-County Airport approximately 1.5 miles away to the northeast, and the street abandonment is not located within a safety zone as established by the Airport Land Use Commission. Abandonment and realignment of the street would not interfere with airport operations.
(4) The proposed abandonment and realignment would not result in an increase in hazards or dangerous intersections. The abandonment and realignment would tie the future alignment of Zeff Road into a newly improved signalized intersection to the south of the current Zeff/Crows Landing intersection, which is an unsignalized “T” intersection. (5) Traffic Staff have reviewed this proposal and indicated no issues with adopted plans for alternative transportation.
(6) The proposal would not result in a projected level of service of “D” or worse for the new Zeff Road roadway.
2. AIR QUALITY AND GREENHOUSE GAS EMISSIONS
a. Significant Effects Identified in the Master EIR
The Master EIR discloses the following residual significant and unavoidable air quality impacts expected after application of mitigating policies.
Direct Impacts
Effect: Expected automobile traffic will result in increased operational emissions of reactive organic gases (ROG) and oxides of nitrogen (NOX), and increased carbon monoxide (CO) levels in the project area (see Master EIR Tables V-2-4 through V-2-6, pages V-2-40 through V-2-41).
Effect: Expected construction and development activities could result in increased emissions of particulate matter 10 microns or less (PM10) and 2.5 microns or less in diameter (PM2.5) (see Master EIR page V-2-31, “2. Significant Direct Impacts”).
Cumulative Impacts
The Master EIR indicates the same impacts identified as direct impacts above will contribute to regional impacts on air quality for the criteria pollutants ROG, NOx, PM10, and PM2.5. #5..
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ABD-22-001: Zeff Rd. Abandonment Initial Study EA No. 2023-XX City of Modesto General Plan Master EIR 12 January 30, 2023 b. Urban Area General Plan Mitigating Policies Applied to the Project Air quality-related mitigating policies that are relevant to the proposed project are found on pages V2-8 through V-2-29 of the Master EIR. All mitigating policies appropriate to the project will be incorporated into or made conditions of approval of this project and are listed in Section V, “Mitigating Policies Applied to Project.”
Discussion:
The appropriate policies to be applied to this project include AQ-102, AQ-103, AQ-105, AQ-107, AQ108, AQ-110, and AQ-113-116 from the Master EIR. No new or additional mitigation measures or alternatives are required to reduce project impacts to a less-than-significant level. c. Project-Specific Effects
Section V-2.B of the Master EIR is the analysis of air quality impacts resulting from development of the Urban Area General Plan. The following is an analysis of whether the proposed project would result in a new, significant, project -specific effect not analyzed in the Master EIR.
Significance Criteria: Determination of project effects will be based on the following thresholds. The project-specific effects will be less than significant unless:
Potentially
Significant
Impact
Less Than
Significant
w/Mitigating
Policies
Less Than
Significant
Impact
No
Impact
2. AIR QUALITY AND GREENHOUSE GAS
EMISSIONS
1) The proposed project would be inconsistent with
the air quality and greenhouse gas emissions
policies in the Urban Area General Plan.
2) The proposed project would conflict with or
obstruct implementation of the applicable air quality
plan.
3) The proposed project would violate any air
quality standard or contribute substantially to
existing or projected violation.
4) The proposed project would result in a
cumulatively considerable net increase of any
criteria pollutant for which the project region is in
non-attainment under an applicable federal or state
ambient air quality standard (including releasing
emissions that exceed quantitative thresholds for
ozone precursors).
5) The proposed project would expose sensitive
receptors to substantial pollutant concentrations.
6) The proposed project would create objectionable
odors affecting a substantial number of people.
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ABD-22-001: Zeff Rd. Abandonment Initial Study EA No. 2023-XX City of Modesto General Plan Master EIR 13 January 30, 2023 Potentially
Significant
Impact
Less Than
Significant
w/Mitigating
Policies
Less Than
Significant
Impact
No
Impact
7) The proposed project would generate
greenhouse gas emissions, either directly or
indirectly, that may have a significant impact on the
environment.
8) The proposed project would conflict with an
applicable plan, policy, or regulation adopted for the
purpose of reducing the emission of greenhouse
gases.
Discussion:
(1) The proposed street abandonment and realignment would not be inconsistent with the air quality and greenhouse gas emissions policies of the General Plan. (2) The proposal would not conflict with or obstruct implementation of the applicable air quality plan.
(3) The proposal would not violate any air quality standard or contribute substantially to an existing or projected violation.
(4) The proposed street abandonment and realignment would not result in a cumulatively considerable net increase of any criteria pollutant for which the project region is in nonattainment under an applicable federal or state ambient air quality standard. (5-6) The nearest sensitive receptor would be the Shackelford Elementary School to the southeast of the street abandonment area, with impacts being generated by future roadway improvement operations and therefore temporary in nature. However, mitigation measures applied from the MEIR would reduce impacts to a less than significant level. (7) The primary source of emissions would be from vehicle trips on the new Zeff Road alignment, however not at levels in excess of trips contemplated by the General Plan MEIR. (8) The proposed amendment itself would not exceed emissions thresholds established by the SJVUAPCD, and is consistent with the development standards for a residential use as established by the General Plan.
3. GENERATION OF NOISE AND VIBRATION
a. Significant Effects Identified in the Master EIR
The Master EIR discloses the following residual significant and unavoidable noise and vibration impacts expected after application of mitigating policies.
Direct Impacts
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ABD-22-001: Zeff Rd. Abandonment Initial Study EA No. 2023-XX City of Modesto General Plan Master EIR 14 January 30, 2023 Effect: Future automobile traffic noise levels and roadway construction and maintenance activities resulting from development consistent with the Urban Area General Plan will exceed the City’s noise thresholds at various locations, but particularly in areas adjacent to heavily traveled roadways (see Master EIR Table V-3-9, pages V-3-28 through V-3-31.
Effect: New noise-generating land uses could produce noise levels that would exceed the City’s noise thresholds of acceptability at sensitive receptors in the vicinity.
Effect: Construction noise would cause a temporary or periodic increase in noise exposure above ambient noise levels.
Effect: Demolition and construction activities may expose people to excessive vibration levels.
Cumulative Impacts
Effect: Traffic from development in the City of Modesto would, when combined with traffic from new development in the County and other cities, contribute to a cumulative increase in roadside noise levels on major roads and highways throughout Stanislaus County. b. Urban Area General Plan Mitigating Policies Applied to the Project Noise policies that are pertinent to the project being analyzed in this Initial Study are found on pages V-3-18 through V-3-24 of the Master EIR. All mitigating policies appropriate to the project will be incorporated into or made conditions of approval of this project and are listed in Section V, “Mitigating Policies Applied to Project.”
Discussion:
The appropriate policies to be applied to this project include Noise 4 and Noise 7 from the Master EIR.
No new or additional mitigation measures or alternatives are required to reduce project impacts to a less-than-significant level.
c. Project-Specific Effects
Section V-3.B of the Master EIR discloses noise impacts resulting from development of the Urban Area General Plan. The following is an analysis of whether the proposed project would result in a new, significant, project -specific effect not analyzed in the Master EIR.
Significance Criteria: Determination of the proposed project’s effects are based on the following thresholds. Project-specific effects will be less than significant unless:
Potentially
Significant
Impact
Less Than
Significant
w/Mitigating
Policies
Less Than
Significant
Impact
No
Impact
3. NOISE AND VIBRATION
1) The proposed project is inconsistent with Urban
Area General Plan noise and vibration policies and
standards.
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ABD-22-001: Zeff Rd. Abandonment Initial Study EA No. 2023-XX City of Modesto General Plan Master EIR 15 January 30, 2023 Potentially
Significant
Impact
Less Than
Significant
w/Mitigating
Policies
Less Than
Significant
Impact
No
Impact
2) The proposed project would generate excessive
ground-borne noise and/or vibration levels.
3) The proposed project would result in a
permanent increase of 3 dBA where any other noise
threshold or standard would be exceeded, and/or 5
dBA where noise levels would otherwise fall within
acceptable limits, in ambient noise levels in the
project vicinity above levels existing without the
project.
4) The proposed project would result in a
substantial temporary or periodic increase in
ambient noise levels existing without the project.
5) For a project located within an airport land use
plan, or where such a plan has not been adopted,
within two (2) miles of a public airport or public use
airport, the proposed project would result in
exposure of people residing or working in the
project area to excessive noise levels.
6) For a project within the vicinity of a private
airstrip, the proposed project would expose people
residing or working in the project area to excessive
noise levels.
7) For new residential development within 200 feet
of active rail lines, the proposed project would
result in noise levels generated during train passbys
that exceed 50 dBA Lmax inside bedrooms or 55 dBA
Lmax inside other occupied areas.
Discussion:
(1) The proposal would not be inconsistent with Urban Area General Plan noise and vibration policies and standards.
(2) The proposal involves the abandonment of a quarter-mile street segment with future realignment of the roadway to the west. Any ground-borne noise or vibration would be from demolition of the abandoned segment and grading/paving activities for the future installation of the new segment, and be temporary in nature.
(3) The proposal would not cause a permanent increase in noise above current conditions at the site.
(4) The proposal would not cause a permanent increase in ambient noise above current conditions at the site. Any noise level increase would be from demolition of the abandoned segment and grading/paving activities for the future installation of the new segment, and be temporary in nature.
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ABD-22-001: Zeff Rd. Abandonment Initial Study EA No. 2023-XX City of Modesto General Plan Master EIR 16 January 30, 2023 (5-6) The proposal is not located within an airport land use plan nor in the vicinity of a private airstrip.
The nearest airport is 1.5 miles to the northeast.
(7) The proposal does not involve the development of residential uses within 200-feet of an active rail line.
4. EFFECTS ON AGRICULTURAL LANDS
a. Significant Effects Identified in the Master EIR
The Master EIR discloses the following residual significant and unavoidable impacts on agricultural lands expected after application of mitigating policies.
Direct Impacts
Effect: Development consistent with the Urban Area General Plan may convert up to approximately 10,500 acres of farmland in various categories in the Planned Urbanizing Area to urban uses.
Effect: Approximately 1,100 acres of urban development along a 350-foot wide 26-mile boundary between urban and agricultural uses could be affected by continued agricultural operations, including noise, dust, and chemical overspray or drift.
Cumulative Impacts
Effect: Growth within Modesto’s planning area would contribute considerably to the loss of agricultural land within Stanislaus County, accounting for the conversion of as much as approximately 10,500 acres of farmland in various categories in the Planned Urbanizing Area to 2040. b. Urban Area General Plan Mitigating Policies Pertinent to the Project Agricultural land-related mitigating policies pertinent to the proposed project are found on pages V-4- 4 to and V-4-8 of the Master EIR. All mitigating policies appropriate to the project will be incorporated into or made conditions of approval of this project and are listed in Section V, “Mitigating Policies Applied to Project.”
Discussion:
The appropriate policies to be applied to this project include none from the Master EIR. No new or additional mitigation measures or alternatives are required to reduce project impacts to a less-thansignificant level. c. Project-Specific Effects
Section V-4.B of the Master EIR discloses the impacts resulting from the implementation of the Urban Area General Plan on agricultural lands. The following is an analysis of whether the proposed project would result in a new, significant, project-specific effect(s) not previously analyzed in the Master EIR.
Significance Criteria: Determination of project effects will be based on the following thresholds. The project-specific effects will be less than significant unless:
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ABD-22-001: Zeff Rd. Abandonment Initial Study EA No. 2023-XX City of Modesto General Plan Master EIR 17 January 30, 2023 Potentially
Significant
Impact
Less Than
Significant
w/Mitigating
Policies
Less Than
Significant
Impact
No
Impact
4. EFFECTS ON AGRICULTURAL RESOURCES
1) The proposed project would be inconsistent with
the Urban Area General Plan policies relating to
agricultural resources.
2) The proposed project would convert areas of
Prime Farmland, Unique Farmland or Farmland of
Statewide Importance to non-agricultural uses,
impair the agricultural productivity of prime
agricultural land, or result in substantial pesticide
overspray, dust, or noise at urban uses.
3) The proposed project would conflict with existing
zoning for agricultural use, or with a Williamson Act
contract.
4) The proposed project would conflict with existing
zoning for, or cause rezoning of, forest land or
timberland.
5) The proposed project would result in the loss of
forest land or conversion of forest land to nonforest use. 6) The proposed project would involve other
changes to the environment that could result in
conversion of farmland or forest land.
Discussion:
(1-2) The street abandonment/realignment area is on vacant land not used for agricultural purposes nor zoned for agricultural uses. The proposal would not be inconsistent with the General Plan’s policies related to agricultural land.
(3-4) The site is zoned for Heavy Industrial (M-2) uses. The site is not zoned for agricultural uses, would not conflict with an agricultural zone nor would conflict with a Williamson Act contract. (5-6) The general area is flat with urban uses to the east and the Tuolumne River riparian corridor located approximately 1,000 feet to the west. The area of the street abandonment/realignment is flat vacant land and does not have forest or timberland. No forest or timberland would be converted to a non-forest use by the project, nor cause environmental changes that could result in the conversion of farmland or forest land.
5. INCREASED DEMAND FOR LONG-TERM WATER SUPPLIES
a. Significant Effects Identified in the Master EIR
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ABD-22-001: Zeff Rd. Abandonment Initial Study EA No. 2023-XX City of Modesto General Plan Master EIR 18 January 30, 2023 The Master EIR discloses the following residual significant and unavoidable impacts on long-term water supplies expected after application of mitigating policies.
Direct Impacts
Effect: Implementation of the Urban Area General Plan could substantially deplete groundwater supply or interfere with recharge.
Effect: Implementation of the Urban Area General Plan could necessitate construction of new water treatment facilities, or expansion of existing facilities, the construction of which could cause significant environmental effects.
Effect: Implementation of the Urban Area General Plan could necessitate expansion of existing water supply entitlements.
Cumulative Impacts
Effect: Groundwater withdrawals from both subbasins by the City, when combined with other users’ withdrawals, may result in overdrafting.
Effect: Cumulative impacts resulting from construction of new water treatment facilities, or expansion of existing facilities, could cause significant environmental effects. b. Urban Area General Plan Mitigating Policies Applied to the Project Water supply-related mitigating policies pertinent to the proposed project are found on pages V-5-11 through V-5-16 of the Master EIR. All mitigating policies appropriate to the project will be incorporated into or made conditions of approval of this project and are listed in Section V, “Mitigating Policies Applied to Project.”
Discussion:
The appropriate policies to be applied to this project include: none from the Master EIR. No new or additional mitigation measures or alternatives are required to reduce project impacts to a less-thansignificant level. c. Project-Specific Effects
Section V-5.B of the Master EIR discloses impacts on long-term water supplies resulting from implementation of the Urban Area General Plan. The following is an analysis of whether the proposed project would result in a new, significant, project-specific effect not disclosed in the Master EIR.
Significance Criteria: Determination of project effects will be based on the following thresholds. The project-specific effects will be less than significant unless:
Potentially
Significant
Impact
Less Than
Significant
w/Mitigating
Policies
Less Than
Significant
Impact
No
Impact
5. EFFECTS RELATIVE TO INCREASED
DEMAND FOR LONG TERM WATER SUPPLIES
1) The proposed project is inconsistent with the
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ABD-22-001: Zeff Rd. Abandonment Initial Study EA No. 2023-XX City of Modesto General Plan Master EIR 19 January 30, 2023 Potentially
Significant
Impact
Less Than
Significant
w/Mitigating
Policies
Less Than
Significant
Impact
No
Impact
Urban Area General Plan policies relating to water
supply.
2) The proposed project would substantially deplete
groundwater supply, interfere with groundwater
recharge, result in water demand exceeds the
capacity for recharge or that would contribute to
overdraft of the groundwater basins.
3) The proposed project would require or result in
the construction of new water treatment facilities or
expansion of existing facilities, the construction of
which could cause significant environmental effects.
4) The proposed project would exceed existing
water supply entitlements or require expansion of
entitlements.
Discussion:
(1) The proposal would be consistent with the water supply policies in the General Plan. (2) The proposal would not deplete ground water supplies. As part of the future realignment of Zeff Road, associated utility lines would also be rerouted and installed per City Standards. (3) The proposal would not require or result in the construction of new water treatment facilities. (4) The proposal would not exceed existing water supply entitlements or require expansion of entitlements.
6. INCREASED DEMAND FOR SANITARY SEWER SERVICES
a. Significant Effects Identified in the Master EIR
The Master EIR discloses the following residual significant and unavoidable impacts on sanitary sewer services after application of mitigating policies.
Direct Impacts
Effect: Development resulting from implementation of the Urban Area General Plan may result in exceedance of wastewater treatment requirements of the Central Valley RWQCB.
Effect: Development resulting from implementation of the Urban Area General Plan may require or result in construction of new wastewater facilities, or the expansion of existing facilities, that could cause significant effects.
Effect: Development resulting from implementation of the Urban Area General Plan may result in a finding that the wastewater treatment facilities do not have adequate capacity to serve the projected demand in addition to the provider’s existing commitments. #5..
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ABD-22-001: Zeff Rd. Abandonment Initial Study EA No. 2023-XX City of Modesto General Plan Master EIR 20 January 30, 2023 Cumulative Impacts
Effect: Development resulting from implementation of the Urban Area General Plan may result in cumulative effects similar to those described under “direct Impacts,” above. b. Urban Area General Plan Mitigating Policies Applied to the Project Sewer service-related mitigating policies that are relevant to the proposed project are found on pages V-6-3 through V-6-7 of the Master EIR. All mitigating policies appropriate to the project will be incorporated into or made conditions of approval of this project and are listed in Section V, “Mitigating Policies Applied to Project.”
Discussion:
The appropriate mitigating policies to be applied to this project include none from the Master EIR. No new or additional mitigation measures or alternatives are required to reduce project impacts to a lessthan-significant level. c. Project-Specific Effects
Section V-6.B of the Master EIR discloses impacts on the Increased Demand for Sanitary Sewer Service resulting from implementation of the Urban Area General Plan. The following is an analysis of whether the proposed project would result in a new, significant, project-specific effect not disclosed in the Master EIR.
Significance Criteria: Determination of project effects will be based on the following thresholds. The project-specific effects will be less than significant unless:
Potentially
Significant
Impact
Less Than
Significant
w/Mitigating
Policies
Less Than
Significant
Impact
No
Impact
6. INCREASED DEMAND FOR SANITARY
SEWER SERVICES
1) The proposed project is inconsistent with
wastewater policies in the Urban Area General Plan,
or would exceed wastewater treatment
requirements of the Central Valley RWQCB.
2) The proposed project would require or result in
the construction of new wastewater facilities or the
expansion of existing facilities, beyond those
identified improvements needed to serve the
proposed project, which would cause significant
effects.
3) The proposed project would result in a finding
that the wastewater treatment facilities do not have
adequate capacity to serve the proposed project’s
projected demand in addition to the provider’s
existing commitments.
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ABD-22-001: Zeff Rd. Abandonment Initial Study EA No. 2023-XX City of Modesto General Plan Master EIR 21 January 30, 2023 Discussion:
(1) The proposal would be consistent with the wastewater policies in the General Plan. (2-3) The proposal would not require or result in the construction of new wastewater treatment facilities, or result in a lack of wastewater capacity. As part of the future realignment of Zeff Road, associated utility lines including sewer lines would also be rerouted and installed per City Standards.
7. LOSS OF SENSITIVE WILDLIFE AND PLANT HABITAT
a. Significant Effects Identified in the Master EIR
The Master EIR discloses the following residual significant and unavoidable impacts on sensitive wildlife and plant habitat expected after application of mitigating policies.
Direct Impacts
Effect: No residual significant impacts on sensitive wildlife and plan habitat are expected to occur with the application of the policies contained in the Urban Area General Plan.
Cumulative Impacts
Effect: Implementation of the Urban Area General Plan will contribute to the cumulative impact of habitat loss in the San Joaquin Valley. Requiring increased density / intensity for new development than has occurred in the past, or that is expected in the future, would minimize the City’s contribution to the cumulative loss of habitat. Nonetheless, this is a significant and unavoidable impact. b. Urban Area General Plan Mitigating Policies Applied to the Project Wildlife and plant habitat-related mitigating policies that are pertinent to the proposed project are found on pages V-7-18 through V-7-25 of the Master EIR. All mitigating policies appropriate to the project will be incorporated into or made conditions of approval of this project and are listed in Section V, “Mitigating Policies Applied to Project.”
Discussion:
The applicable mitigating policies to be applied to this project include none from the Master EIR. No new or additional mitigation measures or alternatives are required to reduce project impacts to a lessthan-significant level. c. Project-Specific Effects
Section V-7.B of the Master EIR discloses impacts on the Loss of Sensitive Wildlife and Plant Habitat resulting from implementation of the Urban Area General Plan. The following is an analysis of whether the proposed project would result in a new, significant, project-specific effect not disclosed in the Master EIR.
Significance Criteria: Determination of project effects will be based on the following thresholds. The project-specific effects will be less than significant unless:
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ABD-22-001: Zeff Rd. Abandonment Initial Study EA No. 2023-XX City of Modesto General Plan Master EIR 22 January 30, 2023 Potentially
Significant
Impact
Less Than
Significant
w/Mitigating
Policies
Less Than
Significant
Impact
No
Impact
7. LOSS OF PLANT AND WILDLIFE HABITAT
1) The proposed project is inconsistent with the
Urban Area General Plan policies related to loss of
sensitive plant and wildlife habitat.
2) The proposed project would have a substantial
adverse effect, either directly or through habitat
modifications, on any species identified as a
candidate, sensitive or special-status species in local or regional plans, policies or regulations, or by the
California Department of Fish and Game or U.S. Fish
and Wildlife service.
3) The proposed project would have a substantial
adverse effect on any riparian habitat or other
sensitive natural community identified in local or
regional plans, policies or regulations, or by the
California Department of Fish and Game or U.S. Fish
and Wildlife service.
4) The proposed project would have a substantial
adverse effect on federally-protected wetlands as
defined by Section 404 of the Clean Water Act
(including, but not limited to, marshes, vernal pools,
coastal wetlands, etc.) through direct removal,
filling, hydrological interruption or other means.
5) The proposed project would interfere
substantially with the movement of any native
resident or migratory fish or wildlife species or with
established native resident or migratory wildlife
corridors, or impede the use of native wildlife
nursery sites.
6) The proposed project would conflict with any
local policies or ordinances protecting biological
resources, such as a tree preservation policy or
ordinance.
7) The proposed project would conflict with the
provisions of an adopted habitat conservation plan,
natural community conservation plan, or other
approved local, regional, or state habitat
conservation plan.
Discussion:
(1) The project would not be inconsistent with the Urban Area General Plan policies related to loss of sensitive plant and wildlife habitat.
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ABD-22-001: Zeff Rd. Abandonment Initial Study EA No. 2023-XX City of Modesto General Plan Master EIR 23 January 30, 2023 (2) The proposal is located on vacant land formerly part of a tallow rendering plant located west of the current Zeff Road alignment, and has no value as a biological habitat source. (3-5) The roadway abandonment/realignment is located approximately 1,000-feet east of a riparian corridor as defined by Figures V-7-1 of the Master EIR; however, the roadway abandonment and future realignment would not interfere substantially with the movement of native or migratory fish or wildlife species. The Department of Fish and Game and the U.S. Fish and Wildlife Service were consulted in the production of the MEIR. (6-7) The proposal is not in conflict with any local policies or ordinances protecting biological resources, nor is in conflict with any adopted habitat conservation plan. The city does not have a heritage tree ordinance.
8. DISTURBANCE OF ARCHAEOLOGICAL / HISTORICAL SITES
a. Significant Effects Identified in the Master EIR
The Master EIR discloses the following residual significant and unavoidable impacts on archaeological / historical sites expected after application of mitigating policies.
Direct Impacts
Effect: Modification resulting in a substantial adverse change in the significance of a historically relevant resource, or the demolition of a listed or eligible historically relevant resource.
Cumulative Impacts
Effect: No additional cumulative impacts were disclosed in the Master EIR. The Direct impact described above could also result in a significant cumulative impact. b. Urban Area General Plan Mitigating Policies Applied to the Project Archaeological or historic resource-related mitigating policies that are pertinent to the project being analyzed in this Initial Study are found on page V-8-16 through V-8-25 of the Master EIR. All mitigating policies appropriate to the project will be incorporated into or made conditions of approval of this project and are listed in Section V, “Mitigating Policies Applied to Project.” Discussion:
The applicable mitigating policies to be applied to this project include: none from the Master EIR. No new or additional mitigation measures or alternatives are required to reduce project impacts to a lessthan-significant level. c. Project-Specific Effects
Section V-8.B of the Master EIR discloses impacts on archaeological / historical resources resulting from implementation of the Urban Area General Plan. The following is an analysis of whether the proposed project would result in any new, significant, project-specific effect(s) not disclosed in the Master EIR.
Significance Criteria: Determination of project effects will be based on the following thresholds. The project-specific effects will be less than significant unless:
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ABD-22-001: Zeff Rd. Abandonment Initial Study EA No. 2023-XX City of Modesto General Plan Master EIR 24 January 30, 2023 Potentially
Significant
Impact
Less Than
Significant
w/Mitigating
Policies
Less Than
Significant
Impact
No
Impact
8. ARCHAEOLOGICAL / HISTORICAL SITES
1) The proposed project is inconsistent with the
Urban Area General Plan archaeological / historical
resource policies.
2) The proposed project would result in a
modification that would result in a substantial
adverse change in the significance of the resource
or demolition of a listed or eligible historic resource. 3) The proposed project would have an adverse
effect on any structure more than 50 years old that
has been determined to have historical significance
per policy AH-8 as shown in the Master EIR.
4) The proposed project would involve the removal
of known significant resources.
5) The proposed project would result in an adverse
impact to undiscovered archaeological and/or
paleontological resources.
6) The proposed project would cause a substantial
adverse change to a tribal cultural resource, as
defined by State law, that is listed (or is eligible for listing) in the California Register of Historical
Resources (or a local register of historical
resources), or that otherwise has potential
significance to a California Native American Tribe,
including human remains.
Discussion:
(1) The proposal would not be inconsistent with General Plan policies pertaining to archaeological or historic resources.
(2-3) The general area of the street abandonment and realignment is on vacant land located to the east of the existing Southwest Hide building, and would not result in the demolition of a listed or eligible historic resource, nor the demolition of a structure older than 50 years. (4) There are no known significant resources at the site. The area is vacant land located to the east of the existing Southwest Hide building.
(5-6) There are no known cultural, archeological and/or paleontological resources at the site. The area is vacant land located to the east of the existing Southwest Hide building, previously utilized as livestock pens as part of the business. The proposal was referred to local tribal authorities who indicated no concerns.
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ABD-22-001: Zeff Rd. Abandonment Initial Study EA No. 2023-XX City of Modesto General Plan Master EIR 25 January 30, 2023
9. INCREASED DEMAND FOR STORM DRAINAGE
a. Significant Effects Identified in the Master EIR
The Master EIR discloses the following residual significant and unavoidable impacts on storm drainage expected after application of mitigating policies.
Direct Impacts
Effect: No residual significant direct impacts were disclosed in the Master EIR.
Cumulative Impacts
Effect: Existing drainage inadequacies, combined with the associated increase in impervious surface areas created by pavement and structures, have the potential to increase the rate or amount of runoff in a manner that could result in flooding in the urban area. Cumulative hydrologic impacts of storm water flows from Modesto’s urban areas and other areas of the County could occur due to the fixed capacity of MID and TID irrigation canals to convey drainage west to the San Joaquin River. If drainage channels in some areas prove insufficient to handle the increased drainage discharges, existing storm water runoff from urban and agricultural areas during large storm events would have to be interrupted until water levels receded to a point allowing the resumption of discharges to the channel. Ceasing discharges to drainage channels could cause inundation in and around the drainage conveyance pipeline systems, surface drainage channels, detention basins, and other urban areas. This cumulative impact is considered significant and unavoidable.
b. Urban Area General Plan Mitigating Policies Applied to the Project Storm Drainage-related mitigating policies that are pertinent to the project being analyzed in this Initial Study are found on pages V-9-4 through V-9-8. All mitigating policies appropriate to the project will be incorporated into or made conditions of approval of this project and are listed in Section V, “Mitigating Policies Applied to Project.”
Discussion:
The appropriate mitigating policies to be applied to this project include: SD-10, SD-12, SD-13 and SD15 from the Master EIR. No new or additional mitigation measures or alternatives are required to reduce project impacts to a less-than-significant level. c. Project-Specific Effects
Section V-9.B of the MASTER EIR discloses impacts on the demand for storm drainage resulting from development of the Urban Area General Plan. The following is an analysis of whether the proposed project would result in a new, significant, project-specific effect not disclosed in the Master EIR.
Significance Criteria: Determination of project effects will be based on the following thresholds. The project-specific effects will be less than significant unless:
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ABD-22-001: Zeff Rd. Abandonment Initial Study EA No. 2023-XX City of Modesto General Plan Master EIR 26 January 30, 2023 Potentially
Significant
Impact
Less Than
Significant
w/Mitigating
Policies
Less Than
Significant
Impact
No
Impact
9. INCREASED DEMAND FOR STORM
DRAINAGE
1) The proposed project is inconsistent with the
Urban Area General Plan storm drainage policies.
2) The proposed project would substantially
increase the rate or amount of surface runoff in a
manner that would result in on- or off-site flooding.
3) The proposed project would create or contribute
runoff water that would exceed the capacity of
existing or planned storm drainage systems or
provide substantial additional sources of polluted
runoff.
Discussion:
(1) Construction activities associated with the road abandonment and realignment will comply with the requirements of the City’s Storm Water Management Plan under its municipal NPDES stormwater permit, and the State Water Resources Control Board’s General Permit for Discharges of Storm Water Associated with Construction Activity. (2) Activities associated with the roadway abandonment and realignment will manage storm water impacts in accordance to current City Standards and its amendments. (3) The proposal will utilize low impact strategies and meet the standards contained in the “Guidance Manual for New Development-Storm Water Quality Control Measures.”
10. FLOODING AND WATER QUALITY
a. Significant Effects Identified in the Master EIR
The Master EIR discloses the following residual significant and unavoidable impacts on flooding and water quality expected after application of mitigating policies.
Direct Impacts
Effect: No residual significant direct impacts were disclosed in the Master EIR.
Cumulative Impacts
Effect: No residual significant cumulative impacts were disclosed in the Master EIR. b. Urban Area General Plan Mitigating Policies Applied to the Project Flooding and Water Quality-related mitigating policies that are pertinent to the project being analyzed in this Initial Study are found on pages V-10-7 through V-10-10 of the Master EIR. All mitigating policies #5..
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ABD-22-001: Zeff Rd. Abandonment Initial Study EA No. 2023-XX City of Modesto General Plan Master EIR 27 January 30, 2023 appropriate to the project will be incorporated into or made conditions of approval of this project and are listed in Section V, “Mitigating Policies Applied to Project.” Discussion:
The appropriate mitigating policies to be applied to this project include: FWQ-11, FWQ-13, FWQ-14 and FWQ-16 from the Master EIR. No new or additional mitigation measures or alternatives are required to reduce project impacts to a less-than-significant level. c. Project-Specific Effects
Section V-10.B of the Master EIR provides analysis of Flooding and Water Quality impacts of development of the General Plan, the following is an analysis of whether the proposed project would result in a new, significant, project-specific effect not previously analyzed in the Master EIR.
Significance Criteria: Determination of project effects will be based on the following thresholds. The project-specific effects will be less than significant unless:
Potentially
Significant
Impact
Less Than
Significant
w/Mitigating
Policies
Less Than
Significant
Impact
No
Impact
10. FLOODING AND WATER QUALITY
1) The proposed project is inconsistent with the
flooding and water quality policies in the Urban
Area General Plan.
2) The proposed project would place housing within
a 100-year flood hazard area.
3) The proposed project would place structures
within a 100-year floodplain as defined by FEMA.
4) The proposed project would expose people or
structures to a significant risk of loss, injury or
death including flooding as a result of the failure of
a levee or dam.
5) The proposed project would substantially alter
the existing drainage pattern of the site or area or
the course of a stream or river that would result in
flooding onsite or offsite.
6) The proposed project would violate water quality
standards, including groundwater standards
administered by the SWRCB’s DDW, standards for
surface water quality such as the NPDES or waste
discharge requirements.
7) The proposed project would substantially alter
the existing drainage pattern of the site or area or
the course of a stream or river in a manner that
would result in substantial erosion or siltation onsite or offsite.
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ABD-22-001: Zeff Rd. Abandonment Initial Study EA No. 2023-XX City of Modesto General Plan Master EIR 28 January 30, 2023 Potentially
Significant
Impact
Less Than
Significant
w/Mitigating
Policies
Less Than
Significant
Impact
No
Impact
8) The proposed project would create or contribute
runoff water that would provide substantial
additional sources of polluted runoff or substantially
increase the rate or amount of surface runoff in a
manner that would result in flooding onsite or
offsite.
Discussion:
(1) The proposed project is consistent with the flooding and water quality policies in the Urban Area General Plan.
(2-3) The project site is partially vacant land and is not within a 100-year flood hazard zone as established by the Federal Emergency Management Agency (FEMA) Flood Rate Insurance Map 06099C0551F dated September 24, 2021.
(4) The site is not in the vicinity of a levee or dam. The nearest waterway is the Tuolumne River approximately 0.20 miles to the west.
(5, 7) The project would not substantially alter the existing drainage pattern of the site, area or a watercourse in a manner that would result in erosion or siltation. (6) Activities associated with the roadway abandonment and realignment will manage storm water impacts in accordance to current City Standards and its amendments. (8) The project will utilize low impact strategies and meet the standards contained in the “Guidance Manual for New Development-Storm Water Quality Control Measures.”
11. INCREASED DEMAND FOR PARKS AND OPEN SPACE
a. Significant Effects Identified in the Master EIR
The Master EIR discloses the following residual significant and unavoidable impacts on parks and open space expected after application of mitigating policies.
Direct Impacts
Effect: No residual significant direct impacts were disclosed in the Master EIR.
Cumulative Impacts
Effect: No residual significant cumulative impacts were disclosed in the Master EIR. b. Urban Area General Plan Mitigating Policies Applied to the Project #5..
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ABD-22-001: Zeff Rd. Abandonment Initial Study EA No. 2023-XX City of Modesto General Plan Master EIR 29 January 30, 2023 Parks and open space-related mitigating policies that are pertinent to the proposed project are found on pages V-11-2 through V-11-8 of the Master EIR. All mitigating policies appropriate to the project will be incorporated into or made conditions of approval of this project and are listed in Section V, “Mitigating Policies Applied to Project.”
Discussion:
The appropriate mitigating policies to be applied to this project include: none from the Master EIR. No new or additional mitigation measures or alternatives are required to reduce project impacts to a lessthan-significant level. c. Project-Specific Effects
Section V-11.B of the MASTER EIR discloses impacts of the Urban Area General Plan on parks and open space. The following is an analysis of whether the proposed project would result in a new, significant, project-specific effect not disclosed in the Master EIR.
Significance Criteria: Determination of project effects will be based on the following thresholds.
Project-specific effects will be less than significant unless:
Potentially
Significant
Impact
Less Than
Significant
w/Mitigating
Policies
Less Than
Significant
Impact
No
Impact
11. INCREASED DEMAND FOR PARKS AND
OPEN SPACE
1) The proposed project is inconsistent with the
Urban Area General Plan parks and open space
policies.
2) The proposed project would eliminate parks or
open space.
3) The proposed project would not provide at least
three (3) total acres of parkland and open space per
1,000 people (one acre for neighborhood park
facilities; two acres for community park facilities).
Discussion:
(1) The project is consistent with the parks and open space policies in the General Plan. (2) The project would not eliminate an existing park or designated open space. The proposal is to abandon a 0.25-mile segment of roadway with realignment of the roadway to the west. (3) The proposal would not be required to provide for additional park space.
12. INCREASED DEMAND FOR SCHOOLS
a. Significant Effects Identified in the Master EIR
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ABD-22-001: Zeff Rd. Abandonment Initial Study EA No. 2023-XX City of Modesto General Plan Master EIR 30 January 30, 2023 The Master EIR discloses the following residual significant and unavoidable impacts on school facilities expected after application of mitigating policies.
Direct Impacts
Effect: No residual significant direct impacts were disclosed in the Master EIR. By statute, the impact of new students is considered to be mitigated below a level of significance by payment of school impact fees and the exercise of any or all of the financing options set out in Government Code Section 65997.
Cumulative Impacts
Effect: Similar to direct impacts resulting from implementation of the Urban Area General Plan, no residual significant direct impacts were disclosed in the Master EIR. b. Urban Area General Plan Mitigating Policies Applied to the Project Mitigation relies upon the implementation of the policies in place under the Modesto Urban Area General Plan. As long these policies are applied to all subsequent projects, no new mitigation is necessary.
Further, payment of school impact fees and compliance with SB 50 is statutorily deemed to be full mitigation of school impacts (Government Code Section 65995).
Schools-related mitigating policies that are relevant to the proposed project can be found on pages V12-3 through V-12-5 of the Master EIR. All mitigating policies appropriate to the project will be incorporated into or made conditions of approval of this project and are listed in Section V, “Mitigating Policies Applied to Project.”
Discussion:
The appropriate mitigating policies to be applied to this project include: none from the Master EIR. No new or additional mitigation measures or alternatives are required to reduce project impacts to a lessthan-significant level. c. Project-Specific Effects
Section V-12.B of the Master EIR discloses impacts resulting from implementation of the Urban Area General Plan associated with increased demand for schools. The following is an analysis of whether the proposed project would result in a new, significant, project-specific effect not disclosed in the Master EIR.
Significance Criteria: Determination of project effects will be based on the following thresholds. The project-specific effects will be less than significant unless:
Potentially
Significant
Impact
Less Than
Significant
w/Mitigating
Policies
Less Than
Significant
Impact
No
Impact
12. INCREASED DEMAND FOR SCHOOLS
1) The proposed project is inconsistent with Urban
Area General Plan school policies.
2) The proposed project would result in new
student population that exceeds the school system
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ABD-22-001: Zeff Rd. Abandonment Initial Study EA No. 2023-XX City of Modesto General Plan Master EIR 31 January 30, 2023 Potentially
Significant
Impact
Less Than
Significant
w/Mitigating
Policies
Less Than
Significant
Impact
No
Impact
capacity, or if the project conflicts with established
educational uses of the area, except to the limits
established under SB50 / Proposition 1A as
subsequently amended.
Discussion:
(1) The proposal is consistent with the policies relating to schools in the General Plan. (2) The proposal was referred to Modesto City Schools who indicated no concerns with the project.
13. INCREASED DEMAND FOR POLICE SERVICES
a. Significant Effects Identified in the Master EIR
The Master EIR discloses the following residual significant and unavoidable impacts on police services expected after application of mitigating policies.
Direct Impacts
Effect: No residual significant direct impacts were disclosed in the Master EIR.
Cumulative Impacts
Effect: No residual significant cumulative impacts were disclosed in the Master EIR. b. Urban Area General Plan Mitigating Policies Applied to the Project Police services-related mitigating policies that are pertinent to the proposed project are found on pages V-13-2 through V-13-5 of the Master EIR. All mitigating policies appropriate to the project will be incorporated into or made conditions of approval of this project and are listed in Section V, “Mitigating Policies Applied to Project.”
Discussion:
The appropriate mitigation to be applied to this project includes none from the Master EIR. No new or additional mitigation measures or alternatives are required to reduce project impacts to a less-thansignificant level. c. Project-Specific Effects
Section V-13.B of the Master EIR discloses impacts on police services resulting from implementation of the Urban Area General Plan. The following is an analysis of whether the proposed project would result in a new, significant, project-specific effect not disclosed in the Master EIR. #5..
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ABD-22-001: Zeff Rd. Abandonment Initial Study EA No. 2023-XX City of Modesto General Plan Master EIR 32 January 30, 2023 Significance Criteria: Determination of project effects will be based on the following thresholds. The project-specific effects will be less than significant unless:
Potentially
Significant
Impact
Less Than
Significant
w/Mitigating
Policies
Less Than
Significant
Impact
No
Impact
13. INCREASED DEMAND FOR POLICE
SERVICES
1) The proposed project is inconsistent with Urban
Area General Plan policies relating to police service.
2) The proposed project would result in
development occurring in an area(s) that cannot be
adequately served by existing or budgeted police
personnel and facilities.
Discussion:
(1) The proposal is consistent with the policies relating to police services in the General Plan. (2) The proposal would not result in the need for construction of new or significantly altered facilities which could cause new significant environmental impacts in order to maintain acceptable service ratios, response times or other performance objectives.
14. INCREASED DEMAND FOR FIRE SERVICES
a. Significant Effects Identified in the Master EIR
The Master EIR discloses the following residual significant and unavoidable impacts on fire services expected after application of mitigating policies.
Direct Impacts
Effect: No residual significant direct impacts were disclosed in the Master EIR.
Cumulative Impacts
Effect: No residual significant cumulative impacts were disclosed in the Master EIR. b. Urban Area General Plan Mitigating Policies Applied to the Project Fire Services-related mitigating policies pertinent to the project being analyzed in this Initial Study are found on pages V-14-3 through V-14-5 of the Master EIR. All mitigating policies appropriate to the project will be incorporated into or made conditions of approval of this project and are listed in Section V, “Mitigating Policies Applied to Project.”
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ABD-22-001: Zeff Rd. Abandonment Initial Study EA No. 2023-XX City of Modesto General Plan Master EIR 33 January 30, 2023 Discussion:
The appropriate mitigating policies to be applied to this project include: none from the Master EIR. No new or additional mitigation measures or alternatives are required to reduce project impacts to a lessthan-significant level. c. Project-Specific Effects
Section V-14.B of the Master EIR discloses impacts on fire services resulting from implementation of the Urban Area General Plan. The following is an analysis of whether the proposed project would result in a new, significant, project-specific effect not disclosed in the Master EIR.
Significance Criteria: Determination of project effects will be based on the following thresholds. The project-specific effects will be less than significant unless:
Potentially
Significant
Impact
Less Than
Significant
w/Mitigating
Policies
Less Than
Significant
Impact
No
Impact
14. INCREASED DEMAND FOR FIRE
SERVICES
1) The proposed project is inconsistent with Urban
Area General Plan policies relating to fire service.
2) The proposed project would result in any
substantial adverse impact(s) associated with the
need for – and/or provision of – new or physically
altered fire service facilities, the construction of
which could cause significant environmental
impacts, in order to maintain acceptable response
times.
Discussion:
(1) The proposal is consistent with the fire service policies in the General Plan. (2) The proposal would not result in the need for construction of new or significantly altered facilities which could cause new significant environmental impacts in order to maintain acceptable service ratios, response times or other performance objectives.
15. GENERATION OF SOLID WASTE
a. Significant Effects Identified in the Master EIR
The Master EIR discloses the following residual significant and unavoidable impacts on solid waste expected after application of mitigating policies.
Direct Impacts
Effect: No residual significant direct impacts were disclosed in the Master EIR. #5..
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ABD-22-001: Zeff Rd. Abandonment Initial Study EA No. 2023-XX City of Modesto General Plan Master EIR 34 January 30, 2023 Cumulative Impacts
Effect: No residual significant cumulative impacts were disclosed in the Master EIR. b. Urban Area General Plan Mitigating Policies Applied to the Project Solid waste-related mitigating policies that are pertinent to the proposed project are found on pages V15-4 through V-15-5 of the Master EIR. All mitigating policies appropriate to the project will be incorporated into or made conditions of approval of this project and are listed in Section V, “Mitigating Policies Applied to Project.”
Discussion:
The appropriate mitigating policies to be applied to this project include: none from the Master EIR. No new or additional mitigation measures or alternatives are required to reduce project impacts to a lessthan-significant level. c. Project-Specific Effects
Section V-15.B of the Master EIR discloses solid waste impacts resulting from implementation of the Urban Area General Plan. The following is an analysis of whether the proposed project would result in a new, significant, project-specific effect not disclosed in the Master EIR.
Significance Criteria: Determination of project effects will be based on the following thresholds.
Project-specific effects will be less than significant unless:
Potentially
Significant
Impact
Less Than
Significant
w/Mitigating
Policies
Less Than
Significant
Impact
No
Impact
15. GENERATION OF SOLID WASTE
1) The project is inconsistent with the solid waste
policies in the Urban Area General Plan.
2) The project would result in solid waste
generation that exceeds the projected capacity of
existing landfills and waste-reduction facilities, or if it would result in non-compliance with any federal,
state or local statutes or regulations related to solid waste.
Discussion:
(1-2) The proposal would not be inconsistent with solid waste policies in the General Plan. The proposal involves the abandonment of a 0.25-mile segment of roadway and realignment of the roadway to the west. The proposal would not cause solid waste generation that would exceed the capacity of existing facilities or result in non-compliance with any statutes or regulations related to solid waste.
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ABD-22-001: Zeff Rd. Abandonment Initial Study EA No. 2023-XX City of Modesto General Plan Master EIR 35 January 30, 2023
16. GENERATION OF HAZARDOUS MATERIALS
a. Significant Effects Identified in the Master EIR
The Master EIR discloses the following residual significant and unavoidable impacts regarding hazardous materials expected after application of mitigating policies.
Direct Impacts
Effect: No residual significant direct impacts were disclosed in the Master EIR.
Cumulative Impacts
Effect: No residual significant cumulative impacts were disclosed in the Master EIR. b. Urban Area General Plan Mitigating Policies Applied to the Project Hazardous materials-related mitigating policies that are pertinent to the proposed project are found on pages V-16-5 through V-16-10 of the Master EIR. All mitigating policies appropriate to the project will be incorporated into or made conditions of approval of this project and are listed in Section V, “Mitigating Policies Applied to Project.”
Discussion:
The appropriate mitigating policies to be applied to this project include: none from the Master EIR. No new or additional mitigation measures or alternatives are required to reduce project impacts to a lessthan-significant level. c. Project-Specific Effects
Section V-16.B of the Master EIR discloses impacts on hazardous materials resulting from implementation of the Urban Area General Plan. The following is an analysis of whether the proposed project would result in a new, significant, project-specific effect not disclosed in the Master EIR.
Significance Criteria: Determination of project effects will be based on the following thresholds. The project-specific effects will be less than significant unless:
Potentially
Significant
Impact
Less Than
Significant
w/Mitigating
Policies
Less Than
Significant
Impact
No
Impact
16. HAZARDS AND HAZARDOUS MATERIALS
1) The proposed project is inconsistent with the
Urban Area General Plan hazards and hazardous
materials policies.
2) The proposed project would create a significant
hazard to the public or the environment through the
routine transport, use or disposal of hazardous
materials, or through reasonably foreseeable upset
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ABD-22-001: Zeff Rd. Abandonment Initial Study EA No. 2023-XX City of Modesto General Plan Master EIR 36 January 30, 2023 Potentially
Significant
Impact
Less Than
Significant
w/Mitigating
Policies
Less Than
Significant
Impact
No
Impact
and accident conditions involving the release of
hazardous materials into the environment.
3) The proposed project would result in hazardous
materials emissions or handle hazardous materials,
substances, or waste within one-quarter mile of an
existing or proposed school.
4) The proposed project would be located on a site
that is included on a list of hazardous materials sites compiled pursuant to Government Code Section
65962.5 and, as a result, would create a significant
hazard to the public or environment.
5) For a project located within an airport land use
plan or, where such a plan has not been adopted,
within two (2) miles of a public airport or public use
airport, would result in a safety hazard for people
residing or working in the project area.
6) For a project within the vicinity of a private
airstrip, a safety hazard would result for people
residing or working in the project area.
7) The proposed project would impair
implementation of or physically interfere with an
adopted emergency response plan or emergency
evacuation plan.
8) The proposed project would expose people or
structures to a significant risk of loss, injury or
death involving wildland fires, including where
wildlands are adjacent to urbanized areas or where
residences are intermixed with wildlands.
Discussion:
(1) The project is consistent with the hazardous materials policies in the General Plan. (2-3) The proposal involves the abandonment of a roadway and realignment of the roadway to the west. No hazardous materials would be produced or handled with this proposal. The nearest school is Shackelford Elementary School located approximately 700 feet southeast of the future Zeff Road’s realignment to the intersection of Crows Landing Road and Pueblo Avenue. (4) The site is not included on a list of hazardous materials sites compiled pursuant to Government Code Section 65962.5 and as a result, would not create a significant hazard to the public or the environment.
(5-6) The site is not within an airport land use plan nor in the vicinity of any airports or private airfields. (7) The proposal would not interfere with an adopted emergency response or evacuation plan. #5..
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ABD-22-001: Zeff Rd. Abandonment Initial Study EA No. 2023-XX City of Modesto General Plan Master EIR 37 January 30, 2023 (8) The site is not located near any wildland areas nor is at risk for wildland fire.
17. GEOLOGY, SOILS, AND MINERAL RESOURCES
a. Significant Effects Identified in the Master EIR
The Master EIR discloses the following residual significant and unavoidable impacts related to geology, soils, and mineral resources expected after application of mitigating policies.
Direct Impacts
Effect: No residual significant direct impacts were disclosed in the Master EIR.
Cumulative Impacts
Effect: No residual significant cumulative impacts were disclosed in the Master EIR. b. Urban Area General Plan Mitigating Policies Applied to the Project Geology, soils, and mineral resource-related mitigating policies that are pertinent to the proposed project are found on pages V-17-7 through V-17-10 of the Master EIR. All mitigating policies appropriate to the project will be incorporated into or made conditions of approval of this project and are listed in Section V, “Mitigating Policies Applied to Project.” Discussion:
The appropriate mitigating policies to be applied to this project include: none from the Master EIR. No new or additional mitigation measures or alternatives are required to reduce project impacts to a lessthan-significant level. c. Project-Specific Effects
Section V-17.B of the Master EIR discloses geology, soils, and mineral resource impacts resulting from implementation of the Urban Area General Plan. The following is an analysis of whether the proposed project would result in a new, significant, project-specific effect not disclosed in the Master EIR.
Significance Criteria: Determination of project effects will be based on the following thresholds.
Project-specific effects will be less than significant unless:
Potentially
Significant
Impact
Less Than
Significant
w/Mitigating
Policies
Less Than
Significant
Impact
No
Impact
17. GEOLOGY, SOILS, AND MINERAL
RESOURCES
1) The project is inconsistent with policies relating
to geology, soils, and mineral resources contained
in the Urban Area General Plan.
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ABD-22-001: Zeff Rd. Abandonment Initial Study EA No. 2023-XX City of Modesto General Plan Master EIR 38 January 30, 2023 Potentially
Significant
Impact
Less Than
Significant
w/Mitigating
Policies
Less Than
Significant
Impact
No
Impact
2) The proposed project would expose people or
structures to potential substantial adverse effects
including: the risk of loss, injury, or death involving fault rupture, strong seismic activity; location on an
expansive soil; loss of topsoil; or, result in the loss of availability of known mineral resources that
would be of value to the region and the state.
Discussion:
(1) The proposal is consistent with policies relating to geology, soils, and mineral resources in the General Plan.
(2) The site is not located on soil that is unstable, or that would become unstable as a result of the proposal. There are no known mineral resources of value to the region and the state on the property.
18. ENERGY
a. Significant Effects Identified in the Master EIR
The Master EIR discloses the following residual significant and unavoidable impacts pertaining to energy expected after application of mitigating policies.
Direct Impacts
Effect: No residual significant direct impacts were disclosed in the Master EIR.
Cumulative Impacts
Effect: No residual significant cumulative impacts were disclosed in the Master EIR. b. Urban Area General Plan Mitigating Policies Applied to the Project The following energy-related mitigating policies that are pertinent to the proposed project are found on pages V-18-2 and V-18-3 in the Master EIR. All mitigating policies appropriate to the project will be incorporated into or made conditions of approval of this project and are listed in Section V, “Mitigating Policies Applied to Project.”
Discussion:
The appropriate mitigating policies to be applied to this project include: none from the Master EIR. No new or additional mitigation measures or alternatives are required to reduce project impacts to a lessthan-significant level. #5..
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ABD-22-001: Zeff Rd. Abandonment Initial Study EA No. 2023-XX City of Modesto General Plan Master EIR 39 January 30, 2023 c. Project-Specific Effects
Section V-18.B of the Master EIR discloses impacts of implementing the Urban Area General Plan on energy resources. The following is an analysis of whether the proposed project would result in a new, significant, project-specific effect not disclosed in the Master EIR.
Significance Criteria: Determination of project effects will be based on the following thresholds. The project-specific effects will be less than significant unless:
Potentially
Significant
Impact
Less Than
Significant
w/Mitigating
Policies
Less Than
Significant
Impact
No
Impact
18. ENERGY
1) The proposed project is inconsistent with policies
relating to energy in the Urban Area General Plan.
2) The proposed project would result in energy
consumption during construction, operation,
maintenance, or removal that is more wasteful,
inefficient, and unnecessary than assumed in the
Urban Area General Plan.
Discussion:
(1) The proposal is consistent with the energy policies in the General Plan. (2) The proposal would not result in energy consumption during construction, operation, maintenance or removal that is more wasteful, inefficient and unnecessary than assumed in the General Plan.
19. EFFECTS ON VISUAL RESOURCES
a. Significant Effects Identified in the Master EIR
The Master EIR discloses the following residual significant and unavoidable impacts on visual resources expected after application of mitigating policies.
Direct Impacts
Effect: No residual significant direct impacts were disclosed in the Master EIR.
Cumulative Impacts
Effect: No additional cumulative impacts were disclosed in the Master EIR. b. Urban Area General Plan Mitigating Policies Applied to the Project #5..
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ABD-22-001: Zeff Rd. Abandonment Initial Study EA No. 2023-XX City of Modesto General Plan Master EIR 40 January 30, 2023 The following visual resources-related mitigating policies pertinent to the proposed project are found on pages V-19-2 and V-19-3 in the Master EIR. All mitigating policies appropriate to the project will be incorporated into or made conditions of approval of this project and are listed in Section V, “Mitigating Policies Applied to Project.”
Discussion:
The appropriate mitigating policies to be applied to this project include: none from the Master EIR. No new or additional mitigation measures or alternatives are required to reduce project impacts to a lessthan-significant level. c. Project-Specific Effects
Section V-18.B of the Master EIR discloses impacts of implementing the Urban Area General Plan on visual resources. The following is an analysis of whether the proposed project would result in a new, significant, project-specific effect not disclosed in the Master EIR.
Significance Criteria: Determination of project effects will be based on the following thresholds. The project-specific effects will be less than significant unless:
Potentially
Significant
Impact
Less Than
Significant
w/Mitigating
Policies
Less Than
Significant
Impact
No
Impact
19. VISUAL RESOURCES
1) The proposed project is inconsistent with the
Urban Area General Plan visual resource policies.
2) The proposed project would have a substantial
adverse effect on a scenic vista.
3) The proposed project would substantially
damage scenic resources, including trees, rock
outcrops, and/or historic buildings along a state
scenic highway.
4) The proposed project would substantially
degrade the existing visual character or quality of
the site and its surroundings.
5) The proposed project would create a new source
of substantial light or glare that would adversely
affect daytime or nighttime views.
6) The proposed project would substantially
degrade views from riverside areas and parks.
7) The proposed project would substantially
degrade views of riverside areas from public
roadways and/or nearby properties.
Discussion:
(1) The proposal is consistent with the policies relating the visual resources in the General Plan. #5..
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ABD-22-001: Zeff Rd. Abandonment Initial Study EA No. 2023-XX City of Modesto General Plan Master EIR 41 January 30, 2023 (2) The proposal would not have an adverse impact on a scenic vista. The site is located within the Baseline Urbanized Area of the City and is surrounded by urban uses. (3-4) The proposal would not impact scenic resources, nor degrade the existing visual character or quality of the site and its surroundings.
(5) The proposal would not cause substantial light or glare. (6) The proposal would not impact views from riverside areas and parks. (7) The proposal would not impact views of riverside areas from roadways or nearby properties.
20. LAND USE AND PLANNING
a. Significant Effects Identified in the Master EIR
The Master EIR discloses the following residual significant and unavoidable impacts pertaining to land use and planning expected after application of mitigating policies.
Direct Impacts
Effect: No residual significant direct impacts were disclosed in the Master EIR.
Cumulative Impacts
Effect: No residual significant cumulative impacts were disclosed in the Master EIR. b. Master EIR and/or New Mitigation Measures Applied to the Project The following land use and planning-related mitigating policies pertinent to the proposed project are found on pages V-20-5 through V-20-12 in the Master EIR. All mitigating policies appropriate to the project will be incorporated into or made conditions of approval of this project and are listed in Section V, “Mitigating Policies Applied to Project.”
Discussion:
The appropriate mitigating policies to be applied to this project include: none from the Master EIR. No new or additional mitigation measures or alternatives are required to reduce project impacts to a lessthan-significant level. c. Project-Specific Effects
Section V-20.B of the Master EIR discloses impacts of implementing the Urban Area General Plan on land use and planning. The following is an analysis of whether the proposed project would result in a new, significant, project-specific effect not disclosed in the Master EIR.
Significance Criteria: Determination of project effects will be based on the following thresholds. The project-specific effects will be less than significant unless:
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ABD-22-001: Zeff Rd. Abandonment Initial Study EA No. 2023-XX City of Modesto General Plan Master EIR 42 January 30, 2023 Potentially
Significant
Impact
Less Than
Significant
w/Mitigating
Policies
Less Than
Significant
Impact
No
Impact
20. LAND USE AND PLANNING
1) The proposed project is inconsistent the Urban
Area General Plan land use and planning policies.
2) The proposed project contains elements that
would physically divide an established community in
a way not assumed in the Urban Area General Plan.
3) The proposed project conflicts with a land use
plan, policy or regulation established for the
purpose of avoiding or mitigating an environmental
impact by an agency that has jurisdiction over the
proposed project.
4) The proposed project conflicts with an applicable
habitat conservation plan or natural community
conservation plan.
Discussion:
(1) The proposal involves the abandonment of a 0.25-mile segment of Zeff Road, a Collector Street in the General Plan’s Circulation Diagram, and realigning the segment to the west to connect to the new signalized intersection of Crows Landing Road at Pueblo Avenue. The proposal is therefore consistent with the General Plan as it involves replacement of the abandoned roadway with the roadway’s realignment.
(2) The project would not divide an established community. (3) The project does not conflict with the land use plan, policies and regulations of the City of Modesto designed to mitigate project impacts.
(4) The project does not conflict with applicable habitat conservation plans or natural community conservation plans.
V. APPLICABLE URBAN AREA GENERAL PLAN MITIGATING POLICIES If the Initial Study results in the determination that a Finding of Conformance can be adopted for the proposed project, then Section A, below, applies. If the Initial Study results in the determination that a Finding of Conformance cannot be adopted and a Mitigated Negative Declaration or Focused EIR must be prepared for the project, then Section B, below, applies.
A. Urban Area General Plan Mitigating Policies Applied to the Project Pursuant to Public Resources Code Section 21157.1(c), in order for a Finding of Conformance to be made, all appropriate mitigating policies from the Master EIR shall be incorporated into the proposed project. Urban Area General Plan Policies that mitigate impacts shall be made part of the proposed #5..
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ABD-22-001: Zeff Rd. Abandonment Initial Study EA No. 2023-XX City of Modesto General Plan Master EIR 43 January 30, 2023 project prior to approval by means of conditions of project approval or incorporation into the appropriate document or plan. All applicable and appropriate mitigating policies have been applied to the project (listed below).
B. New or Additional Mitigation Measures or Alternatives Required Where the project’s effects would exceed the significance criteria for each environmental impact category, a mitigated negative declaration or Focused EIR must be prepared. Staff has reviewed the project against the significance criteria thresholds established in the Master EIR for all impact categories in this Initial Study.
A Mitigated Negative Declaration or Focused EIR shall be prepared for the project. The following additional project-specific mitigation measures listed below are necessary to reduce the identified new significant effect: none.
Traffic and Circulation:
There are no standard / typical examples of general plan policies that would mitigate project-specific impacts for this category. Traffic study(ies) may be required for any given project(s).
Air Quality and Greenhouse Gases:
AQ-102. Reduce PM10 emissions from City–maintained roads to the maximum extent feasible. (Policy VII.H.2.ll)
AQ-103. Effectively stabilize dust emissions using water, chemical stabilizer / suppressant, cover with a tarp or other suitable cover or vegetative ground cover, all disturbed areas, including storage piles, which are not being actively utilized for construction purposes. (Policy VII.H.2.mm) AQ-105. Effectively control fugitive dust emissions utilizing application of water or by presoaking all land clearing, grubbing, scraping, excavation, land leveling, grading, cut & fill, and demolition activities. (Policy VII.H.2.oo)
AQ-107. When materials are transported off site, cover all materials, or effectively wet them to limit visible dust emissions, and maintain at least six inches of freeboard from top of container. (Policy VII.H.2.qq)
AQ-108. Limit operations or expeditiously remove the accumulation of mud or dirt from adjacent public streets at the end of each workday (the use of dry rotary brushes is expressly prohibited except where preceded or accompanied by sufficient wetting to limit the visible dust emissions.) (Use of blower devices is expressly forbidden.) (Policy VII.H.2.rr) AQ-110. Within urban areas, immediately remove trackout when it extends 50 or more feet from the site and at the end of each workday. (Policy VII.H.2.tt) AQ-113. Install sandbags or other erosion control measures to prevent silt runoff to public roadways from sites with a slope greater than one percent (1%). (Policy VII.H.2.ww) AQ-114. Install wheel washers for all exiting trucks, or wash all trucks and equipment leaving the site. (Policy VII.H.2.xx)
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ABD-22-001: Zeff Rd. Abandonment Initial Study EA No. 2023-XX City of Modesto General Plan Master EIR 44 January 30, 2023 AQ-115. Install wind breaks at windward side(s) of construction areas. (Policy VII.H.2.yy) AQ-116. Suspend excavation and grading activity when winds exceed 20 mph (regardless of windspeed, an owner/operator must comply with Regulation VIII’s 20 percent opacity limit). (Policy VII.H.2.zz)
Generation of Noise and Vibration:
Noise-4. Implement noise-reducing construction practices as conditions of approval where substantial construction-related noise impacts would be likely to occur, such as with extended periods of pile driving, or where construction is expected to continue or where sensitive receptors would be affected by construction noise. Conditions of approval may include, but are not limited to:
◦ Require construction equipment, including air compressors and pneumatic equipment to have properly maintained mufflers;
◦ Require impact tools to be equipped with shrouds or shields; ◦ Require that the quietest equipment available be used; and, ◦ Require selection of haul routes that affect the fewest number of people. (Policy VII-G.3.b) Effects on Agricultural Lands:
N/A
Increased Demand for Long-Term Water Supplies:
There are no standard / typical examples of general plan policies that would mitigate project-specific impacts for this category. Water studies / analyses may be required depending on the scope or location of the proposed development project.
Increased Demand for Sanitary Sewer Services:
There are no standard / typical examples of general plan policies that would mitigate project-specific impacts for this category. Sanitary sewage generation and/or capacity studies may be required depending on the scope or location of the proposed development project.
Loss of Sensitive Wildlife and Plant Habitat:
N/A
Disturbance of Archaeological / Historic Sites:
N/A
Increased Demand for Storm Drainage:
SD-10. Construction activities shall comply with the requirements of the City’s Stormwater Management Plan under its municipal NPDES stormwater permit, and the State Water Resources Control Board’s General Permit for Discharges of Storm Water Associated with Construction Activity. (Policy VI.G.3)
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ABD-22-001: Zeff Rd. Abandonment Initial Study EA No. 2023-XX City of Modesto General Plan Master EIR 45 January 30, 2023 SD-12. Ensure that new development complies with the City of Modesto’s Stormwater Management Program: Guidance Manual for New Development Stormwater Quality Control Measures. (Policy VI.G.5)
SD-13. Require new development to implement an appropriate selection of permanent pollution control measures in accordance with the City’s implementation policies for the municipal NPDES stormwater permit. (Policy VI.G.6)
SD-15. Integrate Low Impact Development principles into proposed development projects’ design.
Low Impact Development is a storm water management and land development strategy that promotes conservation and use of natural on-site features combined with engineered small-scale hydrologic devices. In designing development projects, minimize the amount of impervious surface in order to maximize on-site infiltration of stormwater runoff and minimize the potential for storm water runoff from the site. (Policy VI.G.8)
Flooding and Water Quality:
FWQ-11. Construction activities shall comply with the requirements of the City’s Storm Water Management Plan under its municipal NPDES stormwater permit, and the State Water Resources Control Board’s General Permit for Discharges of Storm Water Associated with Construction Activity. (Policy VI.G.3)
FWQ-13. Ensure that new development complies with the City of Modesto’s Stormwater Management Program: Guidance Manual for New Development Stormwater Quality Control Measures. (Policy VI.G.5)
FWQ-14. Require new development to implement an appropriate selection of permanent pollution control measures in accordance with the City’s implementation policies for the municipal NPDES stormwater permit. (Policy VI.G.6)
FWQ-16. Integrate Low Impact Development principles into proposed development projects’ design.
Low Impact Development is a storm water management and land development strategy that promotes conservation and use of natural on-site features combined with engineered small-scale hydrologic devices. In designing development projects, minimize the amount of impervious surface in order to maximize on-site infiltration of stormwater runoff and minimize the potential for storm water runoff from the site. (Policy VI.G.8)
Increased Demand for Parks and Open Space:
There are no standard / typical examples of general plan policies that would mitigate project-specific impacts for this category.
Increased Demand for Schools:
There are no standard / typical examples of general plan policies that would mitigate project-specific impacts for this category.
Increased Demand for Police Services:
There are no standard / typical examples of general plan policies that would mitigate project-specific impacts for this category.
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ABD-22-001: Zeff Rd. Abandonment Initial Study EA No. 2023-XX City of Modesto General Plan Master EIR 46 January 30, 2023 Increased Demand for Fire Services:
There are no standard / typical examples of general plan policies that would mitigate project-specific impacts for this category.
Generation of Solid Waste:
There are no standard / typical examples of general plan policies that would mitigate project-specific impacts for this category.
Generation of Hazardous Materials:
N/A
Geology, Soils, and Mineral Resources:
There are no standard / typical examples of general plan policies that would mitigate project-specific impacts for this category.
Energy:
There are no standard / typical examples of general plan policies that would mitigate project-specific impacts for this category.
Effects on Visual Resources:
There are no standard / typical examples of general plan policies that would mitigate project-specific impacts for this category.
Land Use and Planning:
There are no standard / typical examples of general plan policies that would mitigate project-specific impacts for this category.
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CITY OF MODESTO
COUNCIL AGENDA REPORT
DATE OF MEETING:
March 14, 2023
Date: February 13, 2023
TO: Mayor and City Council
THROUGH: Joseph P. Lopez, City Manager
FROM: Jessica Hill, Interim Director of Community and Economic Development SUBJECT: Seventh Amendment to Dokken Agreement for State Route 99/Pelandale Avenue Interchange – Phase 2
CONTACT: Phillip Soares, Senior Civil Engineer, [email protected], 209-577-5258 DESCRIPTION:
Consider approving a Seventh Amendment to the Agreement with Dokken Engineering for the State Route 99/Pelandale Avenue Interchange – Phase 2 Project, to increase the existing Agreement to a total amount not to exceed $3,665,791. (Funding Source: Streets Capital Facility Fees)
STRATEGIC PLAN ELEMENT:
This action for the State Route 99/Pelandale Avenue Interchange project is consistent with the Council’s 2020-2025 Strategic Plan Goal D, Ensure Safe, Efficient and Reliable Infrastructure.
BACKGROUND:
The purpose of this project is to reconstruct the State Route 99 (SR99) and Pelandale Avenue Interchange to alleviate congestion and improve operations of both SR99 and Pelandale Avenue. The project is to be designed consistent with the Project Report prepared by Dokken Engineering and approved by Caltrans on December 12, 2009.
On March 9, 2010, by Resolution No. 2010-90, Council approved an Agreement with Dokken Engineering to prepare the plans, specifications & estimate (PS&E) for the SR99/Pelandale Avenue Interchange reconstruction project in an amount not to exceed $3,011,832.
On February 22, 2011, by Resolution No. 2011-045, Council approved the First Amendment to the Agreement to amend contract language per Caltrans request and revise Dokken’s contract to a cost-plus-fixed-fee Agreement with no change in compensation.
On September 14, 2011, the City Manager approved the Second Amendment to the Agreement to incorporate a Post Award Audit clause to the Agreement with no change in compensation. #6..
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City Council, March 14, 2023
Seventh Amendment to Dokken Agreement for SR99/Pelandale Avenue Interchange – Phase 2
On February 14, 2012, by Resolution No. 2012-63, Council approved the Third Amendment to the Agreement with Dokken Engineering to incorporate right-of-way engineering and land acquisition services to obtain a required Right-of-Way Level 2 Certification from Caltrans prior to start of construction in an amount not to exceed $338,000.
On January 22, 2013, by Resolution No. 2013-40, Council approved the Fourth Amendment to the Agreement with Dokken Engineering to include additional work for modifying the PS&E to exclude the “Carl’s Jr” property from the project’s first phase in an amount not to exceed $64,000. The Fourth Amendment to the Agreement reflected a credit of $45,000, although Resolution No. 2013-40 did not. The amount of $64,000 for the Fourth Amendment excludes the remaining contract credited amount of $45,000, for a net increase of $19,000 and a total contract amount of $3,368,832.
On April 2, 2019, by Resolution No. 2019-133, Council approved the Fifth Amendment to the Agreement with Dokken Engineering to include the work needed to prepare the PS&E and proceed with right-of-way acquisition for the SR99/Pelandale Avenue Interchange – Phase 2 project in an amount not to exceed $181,495. Dokken Engineering’s cost proposal for the Fifth Amendment was $249,354, however there were $67,859 in unexpended funds from the original Agreement utilized as a credit in the Fifth Amendment. This credit resulted in a net increase of $181,495 and a total contract amount of $3,550,327.
On December 7, 2021, by Resolution No. 2021-459, Council approved the Sixth Amendment to the Agreement with Dokken Engineering to revise 95% PS&E, and right-of-way acquisition requirements to align with the alternate drainage basin storage requirements approved by Caltrans for the SR99/Pelandale Avenue Interchange – Phase 2 project in an amount not to exceed $48,906 and a total contract amount of $3,599,233.
DISCUSSION:
The original scope of the SR99/Pelandale Avenue Interchange – Phase 2 project required the acquisition of the entire parcel at 4125 Sisk Road, where a Carl’s Jr. restaurant currently operates. An appraisal of the required parcel, utility coordination, 95% design plans, specifications and estimate reflecting the full acquisition were completed by Dokken Engineering and a 95% plan review was conducted by Caltrans.
Following the completion of the above-mentioned items related to the scope of the Phase 2 project, staff discovered that Caltrans District 10 was requiring a larger factor of safety for the drainage basins on this project than what had been required on other projects in various Caltrans Districts. Dokken Engineering and City staff were able to work with District 10 Caltrans Hydraulics Division staff to receive approval for a reduced storm drainage safety factor. Dokken Engineering was able to show that this reduced safety factor was already met with the existing configuration of storm drainage basins built during the previous phase of the SR99/Pelandale Avenue Interchange project. This approval from Caltrans reduced the right-of-way required from the parcel at 4125 Sisk Road, from a full parcel acquisition to a partial acquisition, that will allow the existing restaurant to remain with some modifications to their parking lot and drive-through. 100% plans, specifications, and estimate are complete, and Caltrans has provided review and approval. The required right of way for this project has been acquired through a Possession and Use Agreement with the property owner and property tenant. Staff is preparing to advertise this project for bid.
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City Council, March 14, 2023
Seventh Amendment to Dokken Agreement for SR99/Pelandale Avenue Interchange – Phase 2
On January 17, 2023, Dokken Engineering submitted a request for a Seventh Amendment to the City to support the project through construction and project completion. Services will include responding to requests for information, review of contractor shop drawing submittals, traffic control support, and utility services necessary to support construction of the project and close out the project, for a net increase of $46,558 and a total contract amount of $3,645,791. Staff recommends approval of the Seventh Amendment to the Agreement.
FISCAL IMPACT:
Funding for the Seventh Amendment is available in the current FY 2022-2023 Capital Improvement Program budget in Account:
101063 – Capital Grants - Streets CIP Projects - 3160 “Pelandale Ave. Int. – Phase 2”
DOKKEN ENGINEERING AGREEMENT
Original Agreement, (including Amendments 1-6) $3,599,233 Proposed Seventh Amendment $46,558
Additional Services, if necessary $20,000
REVISED TOTAL AGREEMENT $3,665,791
COMMITTEE RECOMMENDATION:
This item was reviewed by the Economic Development Committee on March 6, 2023, and the Committee approved forwarding to Council for approval.
CEQA/NEPA REQUIREMENTS:
An initial study with Mitigated Negative Declaration was prepared by the City’s consultant for the entire Pelandale project and submitted to Caltrans for approval. This document (SCH# 2009072012) was approved by Caltrans on September 28, 2009.
RECOMMENDED COUNCIL ACTION:
Staff Recommendations:
Resolution approving a Seventh Amendment to the Agreement with Dokken Engineering for the State Route 99/Pelandale Avenue Interchange – Phase 2 Project, to increase the existing Agreement by $46,558, plus $20,000 additional services, if needed, from $3,599,233 for a total amount not to exceed $3,665,791 and authorizing the City Manager, or his designee to execute the Seventh Amendment.
Approved by:
Jessica Hill, Interim Director of CEDD
Joseph P. Lopez, City Manager
Attachments:
1. Resolution
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City Council, March 14, 2023
Seventh Amendment to Dokken Agreement for SR99/Pelandale Avenue Interchange – Phase 2
2. Seventh Amendment to Agreement
3. Dokken Engineering Exhibit “5”
4. Dokken Engineering Original Agreement
5. First Amendment to Agreement
6. Second Amendment to Agreement
7. Third Amendment to Agreement
8. Fourth Amendment to Agreement
9. Fifth Amendment to Agreement
10. Sixth Amendment to Agreement
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03/14/2023/CEDDP. Soares 1 2023-
MODESTO CITY COUNCIL
RESOLUTION NO. 2023-
RESOLUTION APPROVING A SEVENTH AMENDMENT TO THE
AGREEMENT WITH DOKKEN ENGINEERING FOR THE STATE ROUTE
99/PELANDALE AVENUE INTERCHANGE – PHASE 2 PROJECT, TO
INCREASE THE EXISTING AGREEMENT BY $46,558, PLUS $20,000 ADDITIONAL SERVICES, IF NEEDED, FROM $3,599,233 FOR A TOTAL AMOUNT NOT TO EXCEED $3,665,791 AND AUTHORIZING THE CITY
MANAGER, OR HIS DESIGNEE TO EXECUTE THE SEVENTH AMENDMENT WHEREAS, the purpose of this project is to reconstruct the State Route 99 (SR99) and Pelandale Avenue Interchange to alleviate congestion and improve operations of both SR99 and Pelandale Avenue; and
WHEREAS, the project is to be designed consistent with the Project Report prepared by Dokken Engineering and approved by Caltrans on December 12, 2009; and WHEREAS, on March 9, 2010, by Resolution No. 2010-90, Council approved an Agreement with Dokken Engineering to prepare the plans, specifications & estimate (PS&E) for the SR99/Pelandale Avenue Interchange reconstruction project in an amount not to exceed $3,011,832; and
WHEREAS, on February 22, 2011, by Resolution No. 2011-045, Council approved the First Amendment to the Agreement to amend contract language per Caltrans request and revise Dokken’s contract to a cost-plus-fixed-fee Agreement with no change in compensation; and
WHEREAS, on September 14, 2011, the City Manager approved the Second Amendment to the Agreement to incorporate a Post Award Audit clause to the Agreement with no change in compensation; and
WHEREAS, on February 14, 2012, by Resolution No. 2012-63, Council approved the Third Amendment to the Agreement with Dokken Engineering to incorporate right- #6..
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03/14/2023/CEDDP. Soares 2 2023-
of-way engineering and land acquisition services to obtain a required Right-of-Way Level 2 Certification from Caltrans prior to start of construction in an amount not to exceed $338,000; and
WHEREAS, on January 22, 2013, by Resolution No. 2013-40, Council approved the Fourth Amendment to the Agreement with Dokken Engineering to include additional work for modifying the PS&E to exclude the “Carl’s Jr” property from the project’s first phase in an amount not to exceed $64,000; and
WHEREAS, the Fourth Amendment to the Agreement reflected a credit of $45,000, although Resolution No. 2013-40 did not; and
WHEREAS, the amount of $64,000 for the Fourth Amendment excludes the remaining contract credited amount of $45,000, for a net increase of $19,000 and a total contract amount of $3,368,832; and
WHEREAS, on April 2, 2019, by Resolution No. 2019-133, Council approved the Fifth Amendment to the Agreement with Dokken Engineering to include the work needed to prepare the PS&E and proceed with right-of-way acquisition for the SR99/Pelandale Avenue Interchange – Phase 2 project in an amount not to exceed $181,495; and WHEREAS, Dokken Engineering’s cost proposal for the Fifth Amendment was $249,354, however there were $67,859 in unexpended funds from the original Agreement utilized as a credit in the Fifth Amendment, resulting in a net increase of $181,495 and a total contract amount of $3,550,327; and
WHEREAS, on December 7, 2021, by Resolution No. 2021-459, Council approved the Sixth Amendment to the Agreement with Dokken Engineering to revise 95% PS&E, and right-of-way acquisition requirements to align with the alternate #6..
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drainage basin storage requirements approved by Caltrans for the SR99/Pelandale Avenue Interchange – Phase 2 project in an amount not to exceed $48,906 and a total contract amount of $3,599,233; and
WHEREAS, the original scope of the SR99/Pelandale Avenue Interchange – Phase 2 project required the acquisition of the entire parcel at 4125 Sisk Road, where a Carl’s Jr. restaurant currently operates; and
WHEREAS, an appraisal of the required parcel, utility coordination, 95% design plans, specifications and estimate reflecting the full acquisition were completed by Dokken Engineering and a 95% plan review was conducted by Caltrans; and WHEREAS, following the completion of the above-mentioned items related to the scope of the Phase 2 project, staff discovered that Caltrans District 10 was requiring a larger factor of safety for the drainage basins on this project than what had been required on other projects in various Caltrans Districts; and
WHEREAS, Dokken Engineering and City staff were able to work with District 10 Caltrans Hydraulics Division staff to receive approval for a reduced storm drainage safety factor; and
WHEREAS, Dokken Engineering was able to show that this reduced safety factor was already met with the existing configuration of storm drainage basins built during the previous phase of the SR99/Pelandale Avenue Interchange project; and WHEREAS, this approval from Caltrans reduced the right-of-way required from the parcel at 4125 Sisk Road, from a full parcel acquisition to a partial acquisition, that will allow the existing restaurant to remain with some modifications to their parking lot and drive-through; and
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03/14/2023/CEDDP. Soares 4 2023-
WHEREAS, 100% plans, specifications, and estimate are complete, and Caltrans has provided review and approval; and
WHEREAS, the required right of way for this project has been acquired through a Possession and Use Agreement with the property owner and property tenant and Staff is preparing to advertise this project for bid; and
WHEREAS, on January 17, 2023, Dokken Engineering submitted a request for a Seventh Amendment to the City to support the project through construction and project completion; and
WHEREAS, services will include responding to requests for information, review of contractor shop drawing submittals, traffic control support, and utility services necessary to support construction of the project and close out the project, for a net increase of $46,558 and a total contract amount of $3,645,791.
NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Modesto that it hereby approves a Seventh Amendment to the Agreement with Dokken Engineering for the State Route 99/Pelandale Avenue Interchange – Phase 2 project, to increase the existing Agreement by $46,558, plus $20,000 additional services, if needed, from $3,599,233 for a total not to exceed amount of $3,665,791.
BE IT FURTHER RESOLVED, that the City Manager or his designee is hereby authorized to execute the Seventh Amendment in a form approved by the City Attorney. #6..
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03/14/2023/CEDDP. Soares 5 2023-
The foregoing resolution was introduced at a regular meeting of the Council of the City of Modesto held on the 14th day of March, 2023, 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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Seventh Amendment -1- City of Modesto
State Route 99/Pelandale Avenue Interchange
SEVENTH AMENDMENT TO AGREEMENT FOR
STATE ROUTE 99/PELANDALE AVENUE INTERCHANGE
This SEVENTH AMENDMENT TO AGREEMENT FOR STATE ROUTE 99
PELANDALE AVENUE INTERCHANGE (“Seventh Amendment”) is made and entered into in the City of Modesto, County of Stanislaus, State of California, as of this 14th day of March, 2023, by and between the CITY OF MODESTO a municipal corporation of the State of California (“City”) and DOKKEN ENGINEERING, a California Corporation, (“Consultant”).
This Seventh Amendment to Agreement is made with regard to the following Recitals:
A. On or about March 9, 2010, City and Consultant entered into a STANDARD AGREEMENT FOR CONSULTANT SERVICES (“Agreement”).
B. On or about February 22, 2011, City and Consultant entered into an AMENDMENT TO AGREEMENT FOR STATE ROUTE 99/PELANDALE
AVENUE INTERCHANGE (“First Amendment”).
C. On or about September 14, 2011, City and Consultant entered into a SECOND AMENDMENT TO AGREEMENT FOR STATE ROUTE 99/PELANDALE
AVENUE INTERCHANGE (“Second Amendment”).
D. On or about February 14, 2012, City and Consultant entered into a THIRD AMENDMENT TO AGREEMENT FOR STATE ROUTE 99/PELANDALE
AVENUE INTERCHANGE (“Third Amendment”).
E. On or about January 22, 2013, City and Consultant entered into a FOURTH AMENDMENT TO AGREEMENT FOR STATE ROUTE 99/PELANDALE
AVENUE INTERCHANGE (“Fourth Amendment”).
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Seventh Amendment -2- City of Modesto
State Route 99/Pelandale Avenue Interchange
F. On or about April 2, 2019, City and Consultant entered into a FIFTH AMENDMENT TO AGREEMENT FOR STATE ROUTE 99/PELANDALE
AVENUE INTERCHANGE (“Fifth Amendment”).
G. On or about December 7, 2021, City and Consultant entered into a SIXTH AMENDMENT TO AGREEMENT FOR STATE ROUTE 99/PELANDALE
AVENUE INTERCHANGE (“Sixth Amendment”).
H. Paragraph 9 “AMENDMENTS” of the Agreement states in part: “…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…” I. Paragraph 3 “COMPENSATION” of the Agreement states in part:
“…Consultant agrees to accept a sum not to exceed $3,011,832.00 as full remuneration for performing all services and furnishing all staffing and materials called for in Exhibit “A” and for performance by Consultant of all of its duties and obligations under this Agreement…”
J. On January 31, 2012, Consultant submitted to the City a budget augmentation for additional tasks requested by the City to be added to the Agreement for the completion of work related to acquisition of Right-of-Way to Reconstruct State Route 99/Pelandale Avenue Interchange, attached hereto as Exhibit “1” and incorporated herein by reference. Exhibit “1” identifies additional tasks to #6..
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Seventh Amendment -3- City of Modesto
State Route 99/Pelandale Avenue Interchange
be performed by Consultant as well as Consultant’s costs for each additional task.
K. On December 10, 2012, Consultant submitted to the City a budget augmentation for additional tasks requested by the City to be added to the Agreement for the completion of work related to project phasing for State bond funding of the State Route 99/Pelandale Avenue Interchange, attached hereto as Exhibit “2” and incorporated herein by reference. Exhibit “2” identifies additional tasks to be performed by Consultant as well as Consultant’s costs for each additional task.
L. On February 5, 2019, Consultant submitted to the City a budget augmentation for additional tasks requested by the City to be added to the Agreement for the design and Caltrans Encroachment approval of the State Route 99/Pelandale Avenue Interchange Phase 2 Improvements, attached hereto as Exhibit “3” and incorporated herein by reference. Exhibit “3” identifies additional tasks to be performed by Consultant as well as Consultant’s costs for each additional task.
M. On November 8, 2021, Consultant submitted to the City a budget augmentation for additional tasks requested by the City to be added to the Agreement for design revisions due to alternate storm drainage basin requirements, as approved by Caltrans, for the State Route 99/Pelandale Avenue Interchange Phase 2 Improvements, attached hereto as Exhibit “4” and incorporated herein by reference. Exhibit “4” identifies additional tasks to #6..
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Seventh Amendment -4- City of Modesto
State Route 99/Pelandale Avenue Interchange
be performed by Consultant as well as Consultant’s costs for each additional task.
N. On January 17, 2023, Consultant submitted to the City a budget augmentation for additional tasks requested by the City to be added to the Agreement for Phase 2 construction support needed to support the City through construction and project completion, for the State Route 99/Pelandale Avenue Interchange Phase 2 Improvements, attached hereto as Exhibit “5” and incorporated herein by reference. Exhibit “5” identifies additional tasks to be performed by Consultant as well as Consultant’s costs for each additional task.
O. The estimated additional tasks result in increased cost as follows:
1. THIRD AMENDMENT
i. Task 3 Right of Way Engineering: $70,108
ii. Task 15 Right of Way Appraisal and Acquisition Services:
$267,892
2. FOURTH AMENDMENT
i. Task 15 Credit for Right of Way – Goodwill valuations:
($45,000)
ii. Task 16 Revise Project for SR-99 Bond Schedule: $54,000 iii. Task 17 Utilities: $10,000
3. FIFTH AMENDMENT
i. Less Credit for Remaining Budget in Contract: ($67,859) ii. Task 18 Phase 2 Project Management; additional cost:
$22,819
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Seventh Amendment -5- City of Modesto
State Route 99/Pelandale Avenue Interchange
iii. Task 19 Phase 2 Survey Services: $9,006
iv. Task 20 Phase 2 Right of Way Acquisition Services: $91,053 v. Task 21 Phase 2 Utility Coordination and Potholing: $26,756 vi. Task 22 Phase 2 Draft Plan Submittal: $47,126
vii. Task 23 Phase 2 Final Plans and Caltrans Approval: $22,725 viii. Task 24 Phase 2 Special Provisions and Bid Book: $12,125 ix. Task 25 Phase 2 Bid and Construction Support: $8,021 x. Task 26 Phase 2 Environmental Memos: $9,723
4. SIXTH AMENDMENT
i. Task 18.1.1 Additional Project Management with Alternate Basin Storage: $4,819
ii. Task 20.2 Credit for Asbestos and Lead Containing Paint Survey: ($6,653)
iii. Task 21.2.1 Additional Utility Coordination with Alternate Basin Storage: $3,541
iv. Task 22.1.1 Revisions to 95% Plans with Alternate Basin Storage: $7,598
v. Task 22.5.1 Prepare Revised Quantities and Estimate: $3,283 vi. Task 23.1.1 Preparation of Response to Comments: $2,955 vii. Task 23.2.1 Additional Revisions to Final Plans: $8,279 viii. Task 23.2.2 Revisions to Final Plans with Alternate Basin Storage: $6,684
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Seventh Amendment -6- City of Modesto
State Route 99/Pelandale Avenue Interchange
ix. Task 23.3.1 Draft Storm Water Data Report and Revisions with Alternate Basin Storage: $8,601
x. Task 23.3.2 Alternative Basin Storage Calculations with Revisions to Drainage Report: $11,418
xi. Task 23.3.3 Final Drainage Report with Revisions to Basin Storage: $1,882
xii. Task 24.1.1 Prepare Special Provisions with Alternate Basin Storage: $1,718
xiii. Task 26.1 Credit for Biology Update Memo: ($300)
xiv. Task 26.2 ISA Update Memo: ($4,920)
5. SEVENTH AMENDMENT
i. Task 27 Respond to Requests for Information: $19,500 ii. Task 28 Review Shop Drawings: $5,277
iii. Task 29 Traffic Control Support: $6,684
iv. Task 30 Utility Support: $4,309
v. Task 31 Prepare As-Built Plans: $10,788
P. The aforementioned estimated additional tasks increase the amount of the Agreement by a net of $633,959. The amounts listed above are the estimated level of effort for each task. In no case shall the total fee exceed the total contract amount under the Agreement and this Seventh Amendment without memorializing an additional written amendment to the Agreement signed by City and Consultant.
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Seventh Amendment -7- City of Modesto
State Route 99/Pelandale Avenue Interchange
Q. The parties to the Agreement and to this Seventh Amendment understand and agree that it is necessary to modify Paragraph 1 of the Agreement entitled “SCOPE OF SERVICES”.
R. The parties to the Agreement and to this Seventh Amendment understand and agree that it is necessary to modify Paragraph 3 of the Agreement entitled “COMPENSATION”.
NOW, THEREFORE, in consideration of the mutual covenants, promises and agreements contained herein, the parties mutually agree as follows:
1. The recitals and exhibits set forth above and as set forth in the Agreement, First, Second, Third, Fourth, Fifth, and Sixth Amendments are incorporated by this reference and hereby made a part of this Seventh Amendment.
2. Except as provided herein, the terms used in this Seventh Amendment shall have the same meaning as the same terms have in the Agreement, the First, Second, Third, Fourth, Fifth, and Sixth Amendments.
3. Unless expressly amended by this Seventh Amendment, all the terms and provisions of the Agreement, First, Second, Third, Fourth, Fifth, and Sixth Amendments shall remain in full force and effect.
4. Paragraph 1 of the Agreement entitled “SCOPE OF SERVICES” shall be deleted and the parties agree to and hereby do substitute the following in its place:
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Seventh Amendment -8- City of Modesto
State Route 99/Pelandale Avenue Interchange
1. SCOPE OF SERVICES.
Consultant shall undertake and complete the preparation of the scope of work as set forth and described in the documents attached to this Agreement and referred to herein as Exhibit “A” or “Project”. In addition, Consultant shall undertake and complete the preparation of the scope of work as set forth and described in the documents attached to the Third, Fourth, Fifth, Sixth, and Seventh Amendments to Agreement For State Route 99/Pelandale Avenue Interchange and referred to therein as Exhibits “1”, “2”, “3”, “4”, and “5”. The Consultant shall perform the services as described in said Exhibit “A”, Exhibit “1”, Exhibit “2”, Exhibit “3”, Exhibit “4”, and Exhibit “5” in a manner compatible with the standards of its profession and shall produce a fully complete project as described in Exhibit “A”, Exhibit “1”, Exhibit “2”, Exhibit “3”, Exhibit “4” and Exhibit “5” acceptable to City.
5. Paragraph 3 of the Agreement entitled “COMPENSATION” shall be deleted and the parties agree to and hereby do substitute the following in its place:
3. COMPENSATION.
Consultant agrees to accept a sum not to exceed THREE
MILLION, SIX HUNDRED FORTY-FIVE THOUSAND, SEVEN
HUNDRED NINETY-ONE AND 00/100 DOLLARS ($3,645,791.00)
(maximum compensation) as full remuneration for performing all services and furnishing all staffing and materials called for in Exhibit “A” to this #6..
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Seventh Amendment -9- City of Modesto
State Route 99/Pelandale Avenue Interchange
Agreement, Exhibit “1” to the Third Amendment, Exhibit “2” to the Fourth Amendment, Exhibit “3” to the Fifth Amendment, Exhibit “4” to the Sixth Amendment, and Exhibit “5” to the Seventh Amendment to Agreement for State Route 99/Pelandale Avenue Interchange, as well as for performance by Consultant of all duties and obligations under this Agreement, the Third Amendment, the Fourth Amendment, the Fifth Amendment, the Sixth Amendment, and the Seventh Amendment to Agreement for State Route 99/Pelandale Avenue Interchange, 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” of this Agreement, Exhibit “1” of the Third Amendment, Exhibit “2” of the Fourth Amendment, Exhibit “3” of the Fifth Amendment, Exhibit “4” of the Sixth Amendment, and Exhibit “5” of the Seventh Amendment to Agreement for State Route 99/Pelandale Avenue Interchange. All work to be performed under this Agreement shall be billed at the hourly rates set forth in Exhibit “A” of this Agreement, Exhibit “1” of the Third Amendment, Exhibit “2” of the Fourth Amendment, Exhibit “3” of the Fifth Amendment, Exhibit “4” of the Sixth Amendment, and Exhibit “5” of the Seventh Amendment to Agreement. Consultant shall submit monthly invoices to City which include detailed tasks, hours worked, and #6..
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Seventh Amendment -10- City of Modesto
State Route 99/Pelandale Avenue Interchange
billable rates for all work completed, and detailed receipts for any out-ofpocket costs paid by Consultant in connection with work performed on this project.
Additional services may be authorized by the City Manager in an amount up to TWENTY THOUSAND AND 00/100 DOLLARS
($20,000.00). 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 “A” of this Agreement, Exhibit “1” of the Third Amendment, Exhibit “2” of the Fourth Amendment, Exhibit “3” of the Fifth Amendment, Exhibit “4” of the Sixth Amendment, and Exhibit “5” of the Seventh Amendment to Agreement 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 THREE MILLION, SIX
HUNDRED SIXTY-FIVE THOUSAND, SEVEN HUNDRED
NINETY-ONE AND 00/100 DOLLARS ($3,665,791.00). 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.
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Seventh Amendment -11- City of Modesto
State Route 99/Pelandale Avenue Interchange
7. Except as herein amended or modified, the provisions of the Agreement, First Amendment, Second Amendment, Third Amendment, Fourth Amendment, Fifth Amendment, and Sixth Amendment are expressly reaffirmed and remain in full force and effect.
IN WITNESS WHEREOF, the City of Modesto, a municipal corporation, has authorized the execution of this Seventh Amendment in duplicate by its City Manager and attestation by its City Clerk under authority of Resolution No. 2023-________, adopted by the Council of the City of Modesto on the 14th day of March, 2023, and DOKKEN ENGINEERING, has caused this Seventh Amendment to be duly executed in duplicate.
(Signatures on next page)
1/20/2023 Approved by PH
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110 Blue Ravine Rd, Suite 200, Folsom, CA 95630-4713 • Tel: 916.858.0642 • Fax: 916.858.0643 • www.dokkenengineering.com January 17, 2023
Ms. Sandeep Sandhu
Project Manager
City of Modesto
1010 Tenth Street, Suite 4600
Modesto, CA 95354
RE: State Route 99/Pelandale Avenue Interchange – Request for Amendment #7
Dear Ms. Sandhu:
The purpose of this letter is to request Amendment #7 to the existing State Route 99/Pelandale Avenue Interchange Design Contract between the City of Modesto and Dokken Engineering related to the Phase 2 construction support needed to support the City through construction and project completion. The additional design services includes: responding to requests for information, review of contractor shop drawing submittals, traffic control support, continued utility relocation coordination, and the preparation of as-built plans.
The proposed additional scope of services is described in more detail on the attached Exhibit 5, Scope of Services by task. The cost associated with each task is broken down also in Exhibit 5, Cost Proposal. This work will be on as-requested basis from the City and will be performed on a time and materials basis.
The existing contract amount, previously approved Amendments and the contract total with this request for Amendment #7 are shown in the following table.
ITEM TOTAL AMOUNT PHASE 1
Original Contract $3,011,832
Amendment #1 $0
Amendment #2 $0
Amendment #3 $338,000
Amendment #4 $19,000
Phase 1 Completed Subtotal: $3,368,832
ITEM TOTAL AMOUNT PHASE 2
Amendment #5, Phase 2 Design $181,495
Amendment #6, Carl’s Jr $48,906
Amendment #7, Phase 2 CON Support $46,558
Phase 2 Subtotal: $276,959
CONTRACT TOTAL $3,645,791
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110 Blue Ravine Rd, Suite 200, Folsom, CA 95630-4713 • Tel: 916.858.0642 • Fax: 916.858.0643 • www.dokkenengineering.com Dokken Engineering appreciates the City’s continued trust in us as we work to deliver this important project. Please contact me at (916) 858-0642 if additional information is needed.
Sincerely,
DOKKEN ENGINEERING
Matthew N. Griggs, P.E.
Project Manager
Attachments:
Exhibit 5
o Scope of Services
o Cost Proposal
File 2432-052
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STATE RO UTE 99/PELAN DALE AVEN UE I NT ERCHANGE
A m e n d m e n t #7 , P h a s e 2 – P a g e 1
CONTRACT AMENDMENT #7 PHASE 2 SCOPE
REVISED 1/17/2023
EXHIBIT 5, SCOPE OF SERVICES
The following scope of work includes design and environmental support during the construction process. These services include design, environmental, traffic control, and utility services necessary to support construction of the project and close out the project.
This work will be performed on a time and materials basis.
TASK 27 REQUESTS FOR INFORMATION
Dokken Engineering (Dokken) will provide on-going consultation and interpretation of contract documents, as requested. Written responses will be provided to all requests for information (RFI’s), and supplemental or revised drawings may be issued to provide clarity to the Resident Engineer (RE) and Contractor. Developing change orders or plans for change orders is also made a part of this task. Dokken will schedule and attend periodic site visits throughout the project to answer questions, offer insight related to the unique project conditions and sign off RFI’s.
Dokken will be responsible for general environmental construction support and monitoring as required by the environmental document in support of the City’s needs. Dokken environmental specialists will be available on-call for any unexpected discovery or emergency situation during construction.
Deliverables – Task 27
Written Response to RFI’s
Revised Plans to Clarify RFI’s
Change Order Plans
Environmental Construction Support
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STATE RO UTE 99/PELAN DALE AVEN UE I NT ERCHANGE
A m e n d m e n t #7 , P h a s e 2 – P a g e 2
TASK 28 REVIEW OF SHOP DRAWINGS
Dokken will review submittal drawings and stamp them as returned for corrections, approved as noted, or approved. Submittal reviews are anticipated for traffic signals, street lighting, and camera systems. Any corrections will be clearly marked in red and returned to the Resident Engineer. Subsequent reviews to confirm appropriate corrections to the shop drawings are anticipated.
Deliverables – Task 28
Stamped Shop Drawing Reviews
Stamped Subsequent Reviews to Confirm Corrections
TASK 29 TRAFFIC CONTROL SUPPORT
Dokken will provide on-going consultation and interpretation of traffic control documents submitted by the contractor, as requested by the City. Written responses will be provided to all requests. Dokken will provide support to the City for any requested traffic control modifications during construction.
TASK 30 UTILITY SUPPORT
Dokken will support the City as requested with background information and coordination for planned utility relocations prior to construction. Support may include discussing potholing findings and research prior to construction, coordinating ongoing relocations with the utility companies, revising details to accommodate any change conditions for the utilities and supporting the City to comply with the utility agreements.
TASK 31 AS BUILT PLAN PREPARATION
Using mark-ups received from the RE and supplemental or revised drawings from addenda, change orders or RFI’s, Dokken will prepare the final record drawings. These drawings will be prepared electronically in Microstation format and provided on a CD and in both full and half size copies on bond paper.
Dokken will prepare the as-built drawings based on previous as-built coordination with Caltrans District 10 or Pelandale Avenue Phase 1 and SR-132 West. Completed as-built plans will be submitted to the City of Modesto and Caltrans District 10.
Deliverables – Task 31
As-Built Plans (11x17) Electronic and Hard Copy Files
END OF SCOPE
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CITY OF MODESTO
Amendment #7 Phase 2 Cost Proposal
Revised 9/22/2022
MATT GRIGGS, PE
Project Manager
AMANDA KONIECZKA, PE
Project Engineer
JOE OSTDIEK, PE, TE
Senior Engineer
STAFF
Senior Engineer
STAFF
Associate Engineer
STAFF
Assistant Engineer
STAFF
Senior Environmental Planner
STAFF
Associate Environmental Planner
STAFF
Environmental Planner
$337.12 $175.89 $196.41 $219.86 $168.56 $102.60 $158.30 $134.85 $90.88 CONSTRUCTION SUPPORT FOR PHASE 2 22 40 100 8 88 4 16 278 $46,558 Task 27 Respond to Requests for Information (RFI's) 8 8 40 8 40 4 16 124 $19,500 Task 28 Review Shop Drawings 4 20 24 $5,277
Task 29 Traffic Control Support 4 8 20 32 $6,684
Task 30 Utility Support 2 16 8 26 $4,309
Task 31 Prepare As-Built Plans 4 8 20 40 72 $10,788
TOTAL HOURS 22 40 100 8 88 4 16 278
TOTAL COST $7,417 $7,036 $19,641 $1,348 $9,029 $633 $1,454 $46,558 OTHER
DIRECT
COSTS
Task Description
DOKKEN ENGINEERING
TOTAL COST
Exhibit 5, Cost Proposal
TOTAL
HOURS
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Sixth Amendment -1- City of Modesto
State Route 99/Pelandale Avenue Interchange
SIXTH AMENDMENT TO AGREEMENT
FOR
STATE ROUTE 99/PELANDALE AVENUE INTERCHANGE
This SIXTH AMENDMENT TO AGREEMENT FOR STATE ROUTE 99
PELANDALE AVENUE INTERCHANGE (“Sixth Amendment”) is made and entered into in the City of Modesto, County of Stanislaus, State of California, as of this 7th day of December, 2021, by and between the CITY OF MODESTO a municipal corporation of the State of California (“City”) and DOKKEN ENGINEERING, a California Corporation, (“Consultant”).
This Sixth Amendment to Agreement is made with regard to the following Recitals:
A. On or about March 9, 2010, City and Consultant entered into a STANDARD AGREEMENT FOR CONSULTANT SERVICES (“Agreement”).
B. On or about February 22, 2011, City and Consultant entered into an AMENDMENT TO AGREEMENT FOR STATE ROUTE 99/PELANDALE
AVENUE INTERCHANGE (“First Amendment”).
C. On or about September 14, 2011, City and Consultant entered into a SECOND AMENDMENT TO AGREEMENT FOR STATE ROUTE 99/PELANDALE
AVENUE INTERCHANGE (“Second Amendment”).
D. On or about February 14, 2012, City and Consultant entered into a THIRD AMENDMENT TO AGREEMENT FOR STATE ROUTE 99/PELANDALE
AVENUE INTERCHANGE (“Third Amendment”).
E. On or about January 22, 2013, City and Consultant entered into a FOURTH AMENDMENT TO AGREEMENT FOR STATE ROUTE 99/PELANDALE
AVENUE INTERCHANGE (“Fourth Amendment”).
DocuSign Envelope ID: 828C6200-0409-40BC-AD0D-E5F885EA1895 #6..
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Sixth Amendment -2- City of Modesto
State Route 99/Pelandale Avenue Interchange
F. On or about April 2, 2019, City and Consultant entered into a FIFTH AMENDMENT TO AGREEMENT FOR STATE ROUTE 99/PELANDALE
AVENUE INTERCHANGE (“Fifth Amendment”).
G. Paragraph 9 “AMENDMENTS” of the Agreement states in part: “…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…” H. Paragraph 3 “COMPENSATION” of the Agreement states in part:
“…Consultant agrees to accept a sum not to exceed $3,011,832.00 as full remuneration for performing all services and furnishing all staffing and materials called for in Exhibit “A” and for performance by Consultant of all of its duties and obligations under this Agreement…”
I. On January 31, 2012, Consultant submitted to the City a budget augmentation for additional tasks requested by the City to be added to the Agreement for the completion of work related to acquisition of Right-of-Way to Reconstruct State Route 99/Pelandale Avenue Interchange, attached hereto as Exhibit “1” and incorporated herein by reference. Exhibit “1” identifies additional tasks to be performed by Consultant as well as Consultant’s costs for each additional task.
DocuSign Envelope ID: 828C6200-0409-40BC-AD0D-E5F885EA1895 #6..
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Sixth Amendment -3- City of Modesto
State Route 99/Pelandale Avenue Interchange
J. On December 10, 2012, Consultant submitted to the City a budget augmentation for additional tasks requested by the City to be added to the Agreement for the completion of work related to project phasing for State bond funding of the State Route 99/Pelandale Avenue Interchange, attached hereto as Exhibit “2” and incorporated herein by reference. Exhibit “2” identifies additional tasks to be performed by Consultant as well as Consultant’s costs for each additional task.
K. On February 5, 2019, Consultant submitted to the City a budget augmentation for additional tasks requested by the City to be added to the Agreement for the design and Caltrans Encroachment approval of the State Route 99/Pelandale Avenue Interchange Phase 2 Improvements, attached hereto as Exhibit “3” and incorporated herein by reference. Exhibit “3” identifies additional tasks to be performed by Consultant as well as Consultant’s costs for each additional task.
L. On November 8, 2021, Consultant submitted to the City a budget augmentation for additional tasks requested by the City to be added to the Agreement for design revisions due to alternate storm drainage basin requirements, as approved by Caltrans, for the State Route 99/Pelandale Avenue Interchange Phase 2 Improvements, attached hereto as Exhibit “4” and incorporated herein by reference. Exhibit “4” identifies additional tasks to be performed by Consultant as well as Consultant’s costs for each additional task.
DocuSign Envelope ID: 828C6200-0409-40BC-AD0D-E5F885EA1895 #6..
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Sixth Amendment -4- City of Modesto
State Route 99/Pelandale Avenue Interchange
M. The estimated additional tasks result in increased cost as follows:
1. THIRD AMENDMENT
i. Task 3 Right of Way Engineering; additional cost; $70,108 ii. Task 15 Right of Way Appraisal and Acquisition Services; additional cost; $267,892
2. FOURTH AMENDMENT
i. Task 15 Credit for Right of Way – Goodwill valuations; credited cost; ($45,000)
ii. Task 16 Revise Project for SR-99 Bond Schedule; additional cost; $54,000
iii. Task 17 Utilities; additional cost; $10,000
3. FIFTH AMENDMENT
i. Less Credit for Remaining Budget in Contract; credited cost ($67,859)
ii. Task 18 Phase 2 Project Management; additional cost; $22,819
iii. Task 19 Phase 2 Survey Services; additional cost; $9,006 iv. Task 20 Phase 2 Right of Way Acquisition Services:
additional cost; $91,053
v. Task 21 Phase 2 Utility Coordination and Potholing;
additional cost; $26,756
vi. Task 22 Phase 2 Draft Plan Submittal; additional cost; $47,126 DocuSign Envelope ID: 828C6200-0409-40BC-AD0D-E5F885EA1895 #6..
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Sixth Amendment -5- City of Modesto
State Route 99/Pelandale Avenue Interchange
vii. Task 23 Phase 2 Final Plans and Caltrans Approval; additional cost; $22,725
viii. Task 24 Phase 2 Special Provisions and Bid Book; additional cost; $12,125
ix. Task 25 Phase 2 Bid and Construction Support; additional cost; $8,021
x. Task 26 Phase 2 Environmental Memos; additional cost; $9,723
4. SIXTH AMENDMENT
i. Task 18.1.1 Additional Project Management with Alternate Basin Storage; additional cost; $4,819
ii. Task 20.2 Credit for Asbestos and Lead Containing Paint Survey; credited cost; ($6,653)
iii. Task 21.2.1 Additional Utility Coordination with Alternate Basin Storage; additional cost; $3,541
iv. Task 22.1.1 Revisions to 95% Plans with Alternate Basin Storage; additional cost; $7,598
v. Task 22.5.1 Prepare Revised Quantities and Estimate; additional cost; $3,283
vi. Task 23.1.1 Preparation of Response to Comments;
additional cost; $2,955
vii. Task 23.2.1 Additional Revisions to Final Plans; additional cost; $8,279
DocuSign Envelope ID: 828C6200-0409-40BC-AD0D-E5F885EA1895 #6..
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Sixth Amendment -6- City of Modesto
State Route 99/Pelandale Avenue Interchange
viii. Task 23.2.2 Revisions to Final Plans with Alternate Basin Storage; additional cost; $6,684
ix. Task 23.3.1 Draft Storm Water Data Report and Revisions with Alternate Basin Storage; additional cost; $8,601
x. Task 23.3.2 Alternative Basin Storage Calculations with Revisions to Drainage Report; additional cost; $11,418
xi. Task 23.3.3 Final Drainage Report with Revisions to Basin Storage; additional cost; $1,882
xii. Task 24.1.1 Prepare Special Provisions with Alternate Basin Storage; additional cost; $1,718
xiii. Task 26.1 Credit for Biology Update Memo; credited cost; ($300)
xiv. Task 26.2 ISA Update Memo; credited cost; ($4,920) N. The aforementioned estimated additional tasks increase the amount of the Agreement by a net of $655,260. The amounts listed above are the estimated level of effort for each task. In no case shall the total fee exceed the total contract amount under the Agreement and this Sixth Amendment without memorializing an additional written amendment to the Agreement signed by City and Consultant.
O. The parties to the Agreement and to this Sixth Amendment understand and agree that it is necessary to modify Paragraph 1 of the Agreement entitled “SCOPE OF SERVICES”.
DocuSign Envelope ID: 828C6200-0409-40BC-AD0D-E5F885EA1895 #6..
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Sixth Amendment -7- City of Modesto
State Route 99/Pelandale Avenue Interchange
P. The parties to the Agreement and to this Sixth Amendment understand and agree that it is necessary to modify Paragraph 3 of the Agreement entitled “COMPENSATION”.
NOW, THEREFORE, in consideration of the mutual covenants, promises and agreements contained herein, the parties mutually agree as follows:
1. The recitals and exhibits set forth above and as set forth in the Agreement, First, Second, Third, Fourth, and Fifth Amendments are incorporated by this reference and hereby made a part of this Sixth Amendment.
2. Except as provided herein, the terms used in this Sixth Amendment shall have the same meaning as the same terms have in the Agreement, the First Second, Third, Fourth, and Fifth Amendments.
3. Unless expressly amended by this Sixth Amendment, all the terms and provisions of the Agreement, First, Second, Third, Fourth, and Fifth Amendments shall remain in full force and effect.
4. Paragraph 1 of the Agreement entitled “SCOPE OF SERVICES” shall be deleted and the parties agree to and hereby do substitute the following in its place:
1. SCOPE OF SERVICES.
Consultant shall undertake and complete the preparation of the scope of work as set forth and described in the documents attached to this Agreement and referred to herein as Exhibit “A” or “Project”. In addition, Consultant shall undertake and complete the preparation of the scope of work as set forth and described in the documents attached to the DocuSign Envelope ID: 828C6200-0409-40BC-AD0D-E5F885EA1895 #6..
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Sixth Amendment -8- City of Modesto
State Route 99/Pelandale Avenue Interchange
Third, Fourth, Fifth, and Sixth Amendments to Agreement For State Route 99/Pelandale Avenue Interchange and referred to therein as Exhibits “1”, “2”, “3”, and “4”. The Consultant shall perform the services as described in said Exhibit “A”, Exhibit “1”, Exhibit “2”, Exhibit “3”, and Exhibit “4” in a manner compatible with the standards of its profession and shall produce a fully complete project as described in Exhibit “A”, Exhibit “1”, Exhibit “2”, Exhibit “3”, and Exhibit “4” acceptable to City.
5. Paragraph 3 of the Agreement entitled “COMPENSATION” shall be deleted and the parties agree to and hereby do substitute the following in its place:
3. COMPENSATION.
Consultant agrees to accept a sum not to exceed THREE
MILLION FIVE HUNDRED NINETY-NINE THOUSAND TWO
HUNDRED THIRTY-THREE AND 00/100 DOLLARS
($3,599,233.00) as full remuneration for performing all services and furnishing all staffing and materials called for in Exhibit “A” to this Agreement, Exhibit “1” to the Third Amendment, Exhibit “2” to the Fourth Amendment, Exhibit “3” to the Fifth Amendment, and Exhibit “4” to the Sixth Amendment to Agreement for State Route 99/Pelandale Avenue Interchange, as well as for performance by Consultant of all duties and obligations under this Agreement, the Third Amendment, the Fourth Amendment, the Fifth Amendment, and the Sixth Amendment to Agreement for State Route 99/Pelandale Avenue Interchange.
DocuSign Envelope ID: 828C6200-0409-40BC-AD0D-E5F885EA1895 #6..
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Sixth Amendment -9- City of Modesto
State Route 99/Pelandale Avenue Interchange
The compensation shall be paid pursuant to and in the
manner and at the time set forth below:
Professional services received by the City under this
Agreement and the First, Second, Third, Fourth, Fifth, and Sixth Amendments to Agreement for State Route 99/Pelandale Avenue Interchange shall be paid for on a “cost-plus-fixed-fee” basis, as called for in Exhibit “A” of this Agreement, Exhibit “1” of the Third Amendment, Exhibit “2” of the Fourth Amendment, Exhibit “3” of the Fifth Amendment, and Exhibit “4” of the Sixth Amendment to Agreement for State Route 99/Pelandale Avenue Interchange. Consultant shall prepare and City agrees to pay Consultant for monthly billings, which include detailed tasks, hours worked, and billable rates for work completed.
The City shall reimburse the Consultant for actual costs incurred by the Consultant in performance of the work called for in Exhibit “A” of this Agreement, Exhibit “1” of the Third Amendment, Exhibit “2” of the Fourth Amendment, Exhibit “3” of the Fifth Amendment, and Exhibit “4” of the Sixth Amendment to Agreement for State Route 99/Pelandale Avenue Interchange on the monthly billings, which include detailed receipts for actual costs paid by Consultant in the interest of the project.
In addition to the allowable incurred costs, the City will pay the consultant a fixed fee of $181,495. The fixed fee is nonadjustable DocuSign Envelope ID: 828C6200-0409-40BC-AD0D-E5F885EA1895 #6..
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Sixth Amendment -10- City of Modesto
State Route 99/Pelandale Avenue Interchange
for the term of the contract, except in the event of a significant change in the scope of work and such adjustment is made by contract amendment.
7. Except as herein amended or modified, the provisions of the Agreement, First Amendment, Second Amendment, Third Amendment, Fourth Amendment, and Fifth Amendment are expressly reaffirmed and remain in full force and effect.
IN WITNESS WHEREOF, the City of Modesto, a municipal corporation, has authorized the execution of this Sixth Amendment in duplicate by its City Manager and attestation by its City Clerk under authority of Resolution No. 2021-________, adopted by the Council of the City of Modesto on the 7th day of December, 2021, and DOKKEN ENGINEERING, has caused this Sixth Amendment to be duly executed in duplicate.
(Signatures on next page)
11/10/2021 Approved by A. Mog
DocuSign Envelope ID: 828C6200-0409-40BC-AD0D-E5F885EA1895 459
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CITY OF MODESTO,
a municipal corporation
BY: ____________________________
JOSEPH P. LOPEZ, City Manager
ATTEST:
(Seal)
BY: ____________________________
DANA SANCHEZ, Interim City Clerk
CONSULTANT,
________________________________
BY: ____________________________
By _____________________________
Name Title
BY: ____________________________
By _____________________________
Name Title
APPROVED AS TO FORM:
BY: ____________________________
JOSE M. SANCHEZ, City Attorney
APPROVED AS TO FORM:
BY: ____________________________
CHRISTINA D. ALGER
Director of Human Resources (Risk)
Consultant’s Federal ID # ___________
* Corporations - signature of two (2) officers
required or one (1) officer plus corporate seal.
Partnership - signature of a partner required Sole
Proprietorship - signature of proprietor
required
DocuSign Envelope ID: 828C6200-0409-40BC-AD0D-E5F885EA1895
DOKKEN ENGINEERING
Vice President
68-0099664
Matt Griggs
Secretary Cathy Chan
12/16/2021
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110 Blue Ravine Rd, Suite 200, Folsom, CA 95630-4713 • Tel: 916.858.0642 • Fax: 916.858.0643 • www.dokkenengineering.com November 8, 2021
Ms. Sandeep Sandhu
Associate Engineer
City of Modesto
1010 Tenth Street, Suite 4600
Modesto, CA 95354
RE: State Route 99/Pelandale Avenue Interchange
Request for Sixth Amendment
Dear Ms. Sandhu:
The purpose of this letter is to request a sixth amendment to the existing State Route 99/Pelandale Avenue Interchange Design Contract between the City of Modesto and Dokken Engineering related to design revisions needed after completion of 95% design to reduce the right of way impacts to the Carls Jr restaurant. The design concept revisions include changing the storm water basin design criteria to reduce the storage requirements for Caltrans stormwater and design modifications to the roadway width, utility relocations, striping and lane configurations on Pelandale Avenue and Sisk Road resulting in reduced right of way requirements from the Carls Jr.
The proposed additional scope of services are described in more detail on the attached Exhibit 4, Scope of Services by task. The cost associated with each task is broken down also in Exhibit 4, Cost Proposal. The existing contract amount, previously approved Amendments and the contract total with this request for Sixth Amendment are shown in the following table.
ITEM TOTAL AMOUNT
Original Contract $3,011,832
Amendment #1 $0
Amendment #2 $0
Amendment #3 $338,000
Amendment #4 $19,000
Amendment #5 $181,495
Amendment #6 $48,906
CONTRACT TOTAL $3,599,233
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110 Blue Ravine Rd, Suite 200, Folsom, CA 95630-4713 • Tel: 916.858.0642 • Fax: 916.858.0643 • www.dokkenengineering.com Dokken Engineering appreciates the City’s continued trust in us as we work to deliver this important project. Please contact me at (916) 858‐0642 if additional information is needed.
Sincerely,
DOKKEN ENGINEERING
Matthew N. Griggs, P.E.
Project Manager
Attachments:
Exhibit 4
o Scope of Services
o Cost Proposal
File 2432‐052
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STATE ROUTE 99/PELANDALE AVENUE INTERCHANGE
Sixth Amendment, Phase 2 – Page 1
CONTRACT AMENDMENT #6 PHASE 2 SCOPE
REVISED 11/4/2021
EXHIBIT 4, SCOPE OF SERVICES
The following Scope of Services is a sixth Amendment for Phase 2 to support design revision concepts and implementation for Caltrans approval. The purpose of the Design Concept Revisions will be to complete the City’s Phase 2 Project obligations without requiring the relocation of Carls Jr. The Caltrans drainage basins (#1‐#5) were approved with a reduced storm safety factor by Caltrans Hydraulics, allowing the Phase 1 basin configuration to remain. The need for a full acquisition was eliminated, and modifications to the intersection reduce the sliver acquisition even further.
The design concept revisions include changing the storm water basin design criteria to reduce the storage requirements for Caltrans stormwater, introduction of a left turn pocket to Carl’s Jr, and modifications to the striping and lane configurations on Sisk Road and Pelandale Avenue Intersection. The implementation of the design services includes:
1) Partial right of way acquisition of the Carl’s Jr. Parcel (APN 135‐029‐022), 2) intersection drainage improvements, 3) traffic signal modifications, 4) possible relocation of shallow in‐road utilities, 5) modifications to the widening of Pelandale Avenue for a right turn lane 6) revisions to signing and striping on each intersection leg, 7) updating the Storm Water Data Report, 8) Drainage report investigation, submittal, and reviews.
This scope of services assumes a Caltrans Encroachment Permit will be required for construction due to modifications on the west leg of the intersection extending into the State’s access control limits.
TASK 18 – PHASE 2 PROJECT MANAGEMENT
18.1.1 Additional Project Management with Alternate Basin Storage This task includes project management duties including meetings, progress reports and management of the team for the revised scope of the Phase 2 Project. While this is a relatively minor design project, it still requires significant management duties to manage the revised strategy and gain approval.
TASK 20 – PHASE 2 RIGHT OF WAY ACQUISITION SERVICES
Bender Rosenthal, Inc confirms remaining dollars are sufficient for the revised concept and remaining right way process.
20.2 Asbestos and Lead‐Containing Paint Survey
Scope of services included GeoCon to perform an asbestos‐containing material (ACM) and lead‐containing paint (LCP) survey at the Carl’s Jr. site. The Carl’s Jr. building will not be demolished with revised concept. Funds will be reallocated to new scope of services.
GeoCon will perform an asbestos‐containing materials (ACM) and lead‐containing paint (LCP) survey at Carl’s Jr. site. This includes:
Collecting up to 45 bulk samples for asbestos analysis by polarized light microscopy (PLM); Analyzing up to 4 bulk asbestos samples, if necessary, using PLM point counting (400); #6..
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STATE ROUTE 99/PELANDALE AVENUE INTERCHANGE
Sixth Amendment, Phase 2 – Page 2
Collecting up to 6 bulk paint samples for total lead analysis; Analyzing up to 4 paint samples, if necessary, for soluble lead analysis; and Preparing a report summarizing the survey and bulk sampling results.
Representative bulk samples of suspect ACM will be collected and submitted using standard chain‐of‐ custody documentation to a laboratory accredited under the National Voluntary Laboratory Accreditation Plan (NVLAP) for the analysis of asbestos in bulk material samples. Samples will be tested using PLM according to the EPA‐recommended method. Results of analyses will be presented as estimated percentages of asbestos by type (e.g., amosite, chrysotile, crocidolite).
Representative paint samples of suspect LCP will be collected and submitted using standard chain‐of‐ custody documentation to a laboratory accredited by the DPH for lead analysis. It is not Geocon’s intent during this inspection to conduct an evaluation of lead‐based paint hazards in accordance with HUD guidelines. The samples will be analyzed for soluble and/or total lead content using EPA‐recommended methodologies.
The report will summarize the survey and bulk sampling results.
TASK 21 – PHASE 2 UTILITY COORDINATION
21.1.1 Additional Utility Coordination with Alternate Basin Storage Dokken will update the utility coordination from abandonment to potential relocation of any shallow facilities or facilities in conflict with proposed improvements. Utility owners include City of Modesto, PG&E, AT&T, Comcast, and MID. Utility coordination will continue to follow the standard process of notification, identification and notice of conflicts, and notices to owners to relocate (if necessary).
TASK 22 – PHASE 2 DRAFT PLAN SUBMITTAL
22.1.1 Revisions to 95% Plans with Alternate Basin Storage Dokken will prepare draft plans for the revised concept. The draft plans will be complete, intended for review by the City prior to 95% submittal to Caltrans District 10. The plans will be modified to address the City comments and submitted with the encroachment permit application to Caltrans. The plans will be prepared in Caltrans Standard format, similar to those prepared for the Phase 1 project. Quantities and an estimate for programming will be prepared based on these plans in Task 22.5.1 below.
No planting or irrigation are anticipated.
22.5.1 Prepare Revised Quantities and Estimate
Dokken will adjust the item list, quantities and Engineer’s Estimate based on the revised concept. The quantities and estimate will be updated with each submittal.
TASK 23 – PHASE 2 FINAL PLANS AND CALTRANS APPROVAL
The final plans include revisions necessary to the design, plans and quantities to obtain approval from the City and an approved encroachment permit from Caltrans. #6..
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STATE ROUTE 99/PELANDALE AVENUE INTERCHANGE
Sixth Amendment, Phase 2 – Page 3
23.1.1 Preparation of Response to Comments
Upon receipt of comments from Caltrans on the resubmittal of the 95% (and from the City), Dokken will prepare responses and make revisions necessary to the design, plans and quantities.
23.2.1 Additional Revisions to Final Plans
Included in the 95% submittal (June 2021) was a drainage analysis and drainage report focusing on Basin #3.
The analysis and report required more research of Phase 1 details and grading analysis than anticipated.
Response to comments from Caltrans on the draft submittal took more analyzing and describing than originally expected, also.
23.2.2 Revisions to Final Plans with Alternate Basin Storage Dokken will make revisions necessary to the design, plans and quantities to obtain approval from the City and an approved encroachment permit from Caltrans.
23.3.1 Draft Storm Water Data Report and Revisions with Alternative Basin Storage Caltrans has required the SWDR from the Phase 1 project be revised to the new required Department template. The existing SWDR was approved in 2012; however, the format has undergone a major revision since that time. Dokken will take the SWDR from the Phase 1 Project and revise it to address the phase 2 project specifically. The format will be updated to the new template and will include the information needed to meet all the requirements stated in the Caltrans PPDG. Dokken will revise the SWDR for the new concept, assuming a Short Form will be allowed, Caltrans confirmed.
23.3.2 Alternative Basin Storage Calculations with Revisions to Drainage Report Dokken will perform analysis and calculations for Caltrans drainage basins (#1‐#5) to reduce the storm safety factor, allowing the Phase 1 basin configuration to remain. Dokken will coordinate with Caltrans Hydraulics to format the Drainage Report in a manner that Caltrans Hydraulics can approve the reduce safety factor.
Dokken will work with the City on design concepts that relate to the intersection directly effected by the basin configuration.
23.3.3 Final Drainage Report with Revisions to Basin Storage Dokken will finalize the Drainage Report to meet Caltrans Hydraulics requests for the approved storm safety factor.
TASK 24 – PHASE 2 SPECIAL PROVISIONS AND BID BOOK
24.1.1 Prepare Special Provisions with Alternate Basin Storage Dokken will update the special provisions for the revised concept, continuing to use Caltrans 2018 Standard Specifications and Special Provisions. The special provisions will be modified as appropriate to meet City standards and requirements for local streets and utility work. The special provisions will be prepared, signed, and stamped by a Professional Engineer registered in the State of California.
TASK 26 – PHASE 2 ENVIRONMENTAL REVALIDATION MEMOS
Scope of services included environmental efforts related to biology and hazardous materials to support Caltrans completion of an environmental revalidation for the Phase 2 project. Hazardous materials will not #6..
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STATE ROUTE 99/PELANDALE AVENUE INTERCHANGE
Sixth Amendment, Phase 2 – Page 4
change from Phase 1, as the Carl’s Jr. site will no longer be demolished.
26.1 Biology Update Memo
Dokken has reviewed the latest species lists and prepared a new memorandum to clarify and explain that no new species have been listed that affect the Phase 2 work. Dokken will update the Paleontology Mitigation Plan to reflect the Phase 2 Project per Caltrans’ request.
26.2 ISA Update Memo
Dokken will obtain the latest records to confirm the ISA is still valid for the Carl’s Jr property. If new records are found, Dokken will update and reissue the ISA. Updates to any ISA requires a site inspection, which is included in this scope of work.
END OF SCOPE
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CITY OF MODESTO
Sixth Amendment, Phase 2 Cost Proposal
Revised 11/4/21
MATT GRIGGS, PE
Project Manager
AMANDA KONIECZKA, PE
Project Engineer
JOE OSTDIEK, PE, TE
Senior Engineer
STAFF
Senior Engineer
RICHARD SANDERS, PE
Associate Engineer
EDWARDO SIMONSEN, PE
Associate Engineer
DANIEL YUN
Assistant Engineer
TIM CHAMBERLAIN
Senior Environmental Planner
STAFF
Environmental Planner
Jim Brake
Senior Geo/Eng/Sci
Chris Giuntoli
Senior Project Geo/Eng/SCi
Dirk Hansen
Draftsman
Christina Boeschen
Word Processing
$249 $152 $182 $185 $129 $150 $97 $152 $111 $187 $122 $125 $83 TASK 18 PHASE 2 PROJECT MANAGEMENT 12 12 24 $4,819 24 $4,81918.1.1 Additional Project Management with Alternate Basin Storage 12 12 24 $4,819 24 $4,819TASK 20 PHASE 2 RIGHT OF WAY ACQUISITION SERVICES -2 -6 -8 -$1,413 -2 -24 -2 -2 -30 -$1,525 -$5,240 -38 -$1,525 -$6,653
20.2 Asbestos and Lead-Containing Paint Survey -2 -6 -8 -$1,413 -2 -24 -2 -2 -30 -$1,525 -$5,240 -38 -$1,525 -$6,653 TASK 21 PHASE 2 UTILITY COORDINATION 8 24 32 $3,541 32 $3,54121.2.1 Additional Utility Coordination with Alternate Basin Storage 8 24 32 $3,541 32 $3,541TASK 22 PHASE 2 DRAFT PLAN SUBMITTAL 12 4 4 16 56 92 $10,882 92 $10,882
22.1.1 Revisions to 95% Plans with Alternate Basin Storage 4 4 16 40 64 $7,598 64 $7,598
22.5.1 Prepare Revised Quantities and Estimate 8 4 16 28 $3,283 28 $3,283TASK 23 PHASE 2 FINAL PLANS AND CALTRANS APPROVAL 12 88 14 16 191 321 $39,819 321 $39,819
23.1.1 Preparation of Response to Comments 8 2 4 8 22 $2,955 22 $2,95523.2.1 Additional Revisions to Final Plans 2 16 8 4 34 64 $8,279 64 $8,27923.2.2 Revisions to Final Plans with Alternate Basin Storage 16 4 8 24 52 $6,684 52 $6,684
23.3.1 Draft Storm Water Data Report and Revisions with Alternative Basin Storage 2 10 68 80 $8,601 80 $8,60123.3.2 Alternative Basin Storage Calculations with Revisions to Drainage Report 6 34 49 89 $11,418 89 $11,418
23.3.3 Final Drainage Report with Revisions to Basin Storage 2 4 8 14 $1,882 14 $1,882TASK 24 PHASE 2 SPECIAL PROVISIONS AND BID BOOK 2 8 10 $1,718 10 $1,71824.1.1 Prepare Special Provisions with Alternate Basin Storage 2 8 10 $1,718 10 $1,718TASK 26 PHASE 2 ENVIRONMENTAL MEMOS -4 -36 -40 -$600 -$5,220 -40 -$600 -$5,22026.1 Biology Update Memo -$300 -$300 -$300 -$300
26.2 ISA Update Memo -4 -36 -40 -$300 -$4,920 -40 -$300 -$4,920 TOTAL HOURS 24 122 18 4 32 271 -4 -36 431 -2 -24 -2 -2 -30 401 TOTAL COST $5,980 $18,597 $3,272 $516 $4,784 $26,216 -$610 -$4,010 -$600 $54,146 -$375 -$2,924 -$250 -$166 -$1,525 -$5,240 -$2,125 $48,906 TOTAL
HOURS
Exhibit 4, Cost Proposal
Task Description TOTAL COST
DOKKEN ENGINEERING
OTHER
DIRECT
TOTAL COST COSTS
OTHER
DIRECT
COSTS
TOTAL
HOURS
Geocon Consultants, Inc.
TOTAL
HOURS
OTHER
DIRECT
COSTS
TOTAL COST
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CITY OF MODESTO
COUNCIL AGENDA REPORT
DATE OF MEETING:
March 14, 2023
Date: February 21, 2023
TO: Mayor and City Council
THROUGH: Joseph P. Lopez, City Manager
FROM: Jessica Hill, Interim Director of Community and Economic Development SUBJECT: Seventh Amendment to Dokken Agreement for State Route 132 West Freeway/Expressway - Phase 1 Project
CONTACT: John Rawles, Senior Civil Engineer, [email protected], 209-577-5253 DESCRIPTION:
Consider approving a Seventh Amendment to the Agreement with Dokken Engineering for the State Route 132 West Freeway/Expressway - Phase 1 Project to increase the existing Agreement to a total amount not to exceed $9,499,031. (Funding Source: Regional Measure L funds)
STRATEGIC PLAN ELEMENT:
This action for the State Route 132 (SR132) West Freeway/Expressway Project is consistent with the City Council’s 2020-2025 Strategic Plan Goal D, Ensure Safe, Efficient and Reliable Infrastructure.
BACKGROUND:
The purpose of the SR132 West Freeway/Expressway - Phase 1 Project is to improve regional and interregional circulation, relieve traffic congestion along existing SR132, and enhance safety and operations for the existing and proposed transportation network.
On May 2, 2017, by Resolution No. 2017-174, the City Council approved an Agreement with Dokken Engineering for professional design services in the amount of $6,400,000, plus $600,000 for additional services, for a total contract amount of $7,000,000.
On January 22, 2019, by Resolution No. 2019-01, the City Council approved a First Amendment to the Agreement with Dokken Engineering in the amount of $344,096, for a total contract amount of $7,344,096.
On May 7, 2019, by Resolution No. 2019-208, the City Council approved a Second Amendment to the Agreement with Dokken Engineering in the amount of $144,422, for a total contract amount of $7,488,518.
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City Council, March 14, 2023
Seventh Amendment to Dokken Agreement for State Route 132 West Freeway/Expressway - Phase 1 Project
On September 24, 2019, by Resolution No. 2019-441, the City Council approved a Third Amendment to the Agreement with Dokken Engineering in the amount of $1,363,210, for a total contract amount of $8,851,728.
On December 8, 2020, by Resolution No. 2020-504, the City Council approved a Fourth Amendment to the Agreement with Dokken Engineering in the amount of $304,270, for a total contract amount of $9,155,998.
On April 5, 2022, by Resolution No. 2022-147, the City Council approved a Fifth Amendment to the Agreement with Dokken Engineering in the amount of $89,227, for a total contract amount of $9,245,225.
On August 23, 2022, by Resolution No. 2022-349, the City Council approved a Sixth Amendment to the Agreement with Dokken Engineering in the amount of $154,858, for a total contract amount of $9,400,083.
DISCUSSION:
The City opened bids for the construction of SR132 West Freeway/Expressway – Phase I Project on August 20, 2019. Due to the complexity of the project, design support services are required during the construction of the project to provide technical support to the construction manager.
As the project construction has developed, additional design support services have been identified to complete tasks that were not required in the original design of the SR132 West Freeway/Expressway - Phase 1 Project.
On February 8, 2023, Dokken Engineering submitted to the City a budget augmentation for additional tasks in the amount of $98,948, for a total contract amount of $9,499,031. The additional services to be provided include surveying, environmental clearance and design of the replacement of 19 sidewalk curb ramps along Kansas Avenue to allow rehabilitation of the roadway surfacing due to wear and tear incurred during the trucking operations necessary for the construction of the project. Staff recommends approval of the Seventh Amendment to the Agreement.
FISCAL IMPACT:
The Project is supported by a complex matrix of funding sources, each having a variety of requirements and constraints. The Plans, Specifications, and Estimates (PS&E) phase and Right of Way (ROW) phase of the Project is funded by a combination of CFF, County Public Facility Fees (PFF), Regional Measure L, Federal grants and state funds. Funds for the PS&E phase of the project were previously approved and are currently available in Capital Improvement Program (CIP) #100614.
The $98,948 for the Seventh Amendment to the Dokken Engineering Agreement will be paid from Project #101119 – SR 132 West Expressway. This account was created for the construction phase of the project.
The Seventh Amendment will be funded with Regional Measure L funds with the approval of the $31.8M Memorandum of Understanding (MOU) with the Stanislaus Council of Governments #7..
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City Council, March 14, 2023
Seventh Amendment to Dokken Agreement for State Route 132 West Freeway/Expressway - Phase 1 Project
(StanCOG) that was presented to City Council as a separate item on September 24, 2019. No additional funding is being requested as part of this amendment as the amendment is being covered by the Regional Measure L funds currently allocated.
ANTICIPATED DESIGN SERVICES EXPENDITURES:
Original Professional Design Services Agreement – Dokken Engineering $6,400,000 Additional Services (9.4%) $600,000
TOTAL ORIGINAL AGREEMENT: $7,000,000
First Amendment – Dokken Engineering $344,096
TOTAL DESIGN SERVICES EXPENDITURES:
$7,344,096
Second Amendment – Dokken Engineering $144,422
TOTAL DESIGN SERVICES EXPENDITURES: $7,488,518
Third Amendment – Dokken Engineering $1,363,210
TOTAL DESIGN & SUPPORT DURING CONSTRUCTION EXPENDITURES: $8,851,728 Fourth Amendment – Dokken Engineering $304,270
TOTAL DESIGN & SUPPORT DURING CONSTRUCTION EXPENDITURES: $9,155,998 Fifth Amendment – Dokken Engineering $89,227
TOTAL DESIGN & SUPPORT DURING CONSTRUCTION EXPENDITURES: $9,245,225 Sixth Amendment – Dokken Engineering $154,858
TOTAL DESIGN & SUPPORT DURING CONSTRUCTION EXPENDITURES: $9,400,083 Proposed Seventh Amendment – Dokken Engineering $98,948 TOTAL DESIGN & SUPPORT DURING CONSTRUCTION EXPENDITURES: $9,499,031 COMMITTEE RECOMMENDATION:
This item was reviewed by the Economic Development Committee on March 6, 2023, and the Committee approved forwarding the item to Council for approval.
CEQA/NEPA REQUIREMENTS:
Caltrans has completed California Environmental Quality Act (CEQA) and National Environmental Policy Act (NEPA) review of the Project with approval of the document as part of the PA&ED Phase on March 9, 2018.
RECOMMENDED COUNCIL ACTION:
Staff Recommendations:
Resolution approving a Seventh Amendment to the Agreement with Dokken Engineering for the State Route 132 West Freeway/Expressway - Phase 1 Project to increase the existing Agreement by $98,948, from $9,400,083 to a total amount not to exceed $9,499,031 and authorizing the City Manager, or his designee to execute the Seventh Amendment. #7..
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City Council, March 14, 2023
Seventh Amendment to Dokken Agreement for State Route 132 West Freeway/Expressway - Phase 1 Project
Approved by:
Jessica Hill, Interim Director of CEDD
Joseph P. Lopez, City Manager
Attachments:
1. Resolution
2. Seventh Amendment to Agreement
3. Dokken Engineering Exhibit “A-7”
4. Dokken Engineering Exhibit “D-7”
5. Dokken Engineering Original Agreement
6. First Amendment to Agreement
7. Second Amendment to Agreement
8. Third Amendment to Agreement
9. Fourth Amendment to Agreement
10. Fifth Amendment to Agreement
11. Sixth Amendment to Agreement
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03/14/2023/CEDD/J. Rawles 1 2023-
MODESTO CITY COUNCIL
RESOLUTION NO. 2023-
RESOLUTION APPROVING A SEVENTH AMENDMENT TO THE
AGREEMENT WITH DOKKEN ENGINEERING FOR THE STATE ROUTE 132 WEST FREEWAY/EXPRESSWAY - PHASE 1 PROJECT TO INCREASE THE EXISTING AGREEMENT BY $98,948, FROM $9,400,083 TO A TOTAL AMOUNT NOT TO EXCEED $9,499,031 AND AUTHORIZING THE CITY
MANAGER, OR HIS DESIGNEE TO EXECUTE THE SEVENTH AMENDMENT WHEREAS, the purpose of the SR132 West Freeway/Expressway - Phase 1 Project is to improve regional and interregional circulation, relieve traffic congestion along existing SR132, and enhance safety and operations for the existing and proposed transportation network; and
WHEREAS, on May 2, 2017, by Resolution No. 2017-174, the City Council approved an Agreement with Dokken Engineering for professional design services in the amount of $6,400,000, plus $600,000 for additional services, for a total contract amount of $7,000,000; and
WHEREAS, on January 22, 2019, by Resolution No. 2019-01, the City Council approved a First Amendment to the Agreement with Dokken Engineering in the amount of $344,096, for a total contract amount of $7,344,096; and WHEREAS, on May 7, 2019, by Resolution No. 2019-208, the City Council approved a Second Amendment to the Agreement with Dokken Engineering in the amount of $144,422, for a total contract amount of $7,488,518; and WHEREAS, on September 24, 2019, by Resolution No. 2019-441, the City Council approved a Third Amendment to the Agreement with Dokken Engineering in the amount of $1,363,210, for a total contract amount of $8,851,728; and #7..
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03/14/2023/CEDD/J. Rawles 2 2023-
WHEREAS, on December 8, 2020, by Resolution No. 2020-504, the City Council approved a Fourth Amendment to the Agreement with Dokken Engineering in the amount of $304,270, for a total contract amount of $9,155,998; and WHEREAS, on April 5, 2022, by Resolution No. 2022-147, the City Council approved a Fifth Amendment to the Agreement with Dokken Engineering in the amount of $89,227, for a total contract amount of $9,245,225; and WHEREAS, on August 23, 2022, by Resolution No. 2022-349, the City Council approved a Sixth Amendment to the Agreement with Dokken Engineering in the amount of $154,858, for a total contract amount of $9,400,083; and WHEREAS, the City opened bids for the construction of SR132 West Freeway/Expressway – Phase I Project on August 20, 2019; and WHEREAS, due to the complexity of the project, design support services are required during the construction of the project to provide technical support to the construction manager; and
WHEREAS, as the project construction has developed, additional design support services have been identified to complete tasks that were not required in the original design of the SR132 West Freeway/Expressway - Phase 1 Project; and WHEREAS, on February 8, 2023, Dokken Engineering submitted to the City a budget augmentation for additional tasks in the amount of $98,948, for a total contract amount of $9,499,031; and
WHEREAS, the additional services to be provided include surveying, environmental clearance and design of the replacement of 19 sidewalk curb ramps along #7..
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03/14/2023/CEDD/J. Rawles 3 2023-
Kansas Avenue to allow rehabilitation of the roadway surfacing due to wear and tear incurred during the trucking operations necessary for the construction of the project.
NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Modesto that it hereby approves a Seventh Amendment to the Agreement with Dokken Engineering for the State Route 132 West Freeway/Expressway - Phase 1 Project to increase the existing Agreement by $98,948, from $9,400,083 to a total not to exceed amount of $9,499,031.
BE IT FURTHER RESOLVED, that the City Manager or his designee is hereby authorized to execute the Seventh Amendment in a form approved by the City Attorney. #7..
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03/14/2023/CEDD/J. Rawles 4 2023-
The foregoing resolution was introduced at a regular meeting of the Council of the City of Modesto held on the 14th day of March, 2023, 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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Dokken Engineering -1- City of Modesto
Seventh Amendment to Agreement for Design Services dated May 2, 2017 State Route 132 West Freeway/Expressway - Phase 1 Project
SEVENTH AMENDMENT TO AGREEMENT FOR PROFESSIONAL DESIGN SERVICES FOR STATE ROUTE 132 WEST FREEWAY/EXPRESSWAY - PHASE 1 PROJECT This Seventh Amendment to Agreement for Professional Design Services is made with reference to the contractual agreement between the CITY OF MODESTO (“City”) and DOKKEN ENGINEERING, a California corporation (“Consultant”), entered into by the parties on the 2nd day of May, 2017, hereinafter referred to as “Original Agreement”.
This Seventh Amendment to the Original Agreement for Professional Design Services is made with regard to the following recitals:
A. Section 3.0 “COMPENSATION AND BILLING” of the Original Agreement authorized and specified a not to exceed amount of $7,000,000, inclusive of additional services, to Consultant for performing all services and furnishing all staffing and materials called for in Exhibit “A” under this Agreement.
B. On or about January 22, 2019, the parties entered into a First Amendment to the Original Agreement, revising the scope of services and increasing the compensation amount by $344,095.43, and attaching corresponding Exhibits A-1 to the First Amendment “Revised Scope of Services” and Exhibit D-1 “Revised Fee Schedule.” C. On or about May 7, 2019, the parties entered into a Second Amendment to the Original Agreement, revising the scope of services and increasing the compensation amount by $144,421.92, and attaching corresponding “Exhibit A-2 to the Second Amendment - Revised Scope of Services” and “Exhibit D-2 – Revised Fee Schedule.” D. On or about September 24, 2019, the parties entered into a Third Amendment to the Original Agreement, revising the scope of services and increasing the #7..
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Dokken Engineering -2- City of Modesto
Seventh Amendment to Agreement for Design Services dated May 2, 2017 State Route 132 West Freeway/Expressway - Phase 1 Project compensation amount by $1,363,210.14, and attaching corresponding “Exhibit A-3 to the Third Amendment - Revised Scope of Services” and “Exhibit D-3 – Revised Fee Schedule.” E. On or about December 8, 2020, the parties entered into a Fourth Amendment to the Original Agreement, revising the scope of services and increasing the compensation amount by $304,270.00, and attaching corresponding “Exhibit A-4 to the Fourth Amendment - Revised Scope of Services” and “Exhibit D-4 – Revised Fee Schedule.” F. On or about April 5, 2022, the parties entered into a Fifth Amendment to the Original Agreement, revising the scope of services and increasing the compensation amount by $89,227.00, and attaching corresponding “Exhibit A-5 to the Fifth Amendment - Revised Scope of Services” and “Exhibit D-5 – Revised Fee Schedule.” G. On or about August 23, 2022, the parties entered into a Sixth Amendment to the Original Agreement, revising the scope of services and increasing the compensation amount by $154,858.00, and attaching corresponding “Exhibit A-6 to the Sixth Amendment - Revised Scope of Services” and “Exhibit D-6 – Revised Fee Schedule.” H. On or about February 8, 2023, at the City’s request, Consultant submitted to City a budget augmentation for additional tasks to increase the amount of the Original Agreement, as amended, by an additional $98,947.61. The budget augmentation is attached hereto as “Exhibit A-7 to the Seventh Amendment - Revised Scope of Services” and the further revised fee schedule is attached hereto as “Exhibit D-7 – Revised Fee Schedule.” NOW, THEREFORE, in consideration of this Seventh Amendment to Agreement, and the mutual promises, covenants, and stipulations contained in the Original Agreement for Professional Design Services and the First, Second, Third, Fourth, Fifth, and Sixth Amendments to Agreement, the parties agree as follows:
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Dokken Engineering -3- City of Modesto
Seventh Amendment to Agreement for Design Services dated May 2, 2017 State Route 132 West Freeway/Expressway - Phase 1 Project
1. The parties agree that each of the recitals set out above is factually true and correct.
2. Section 1.1 “Scope of Services” of the Original Agreement shall be deleted and parties agree to and hereby do substitute the following in its place:
“1.1 Scope of Services: Consultant shall undertake and complete the preparation of the scope of work as set forth and described in the documents attached to the Original Agreement and referred to therein as Exhibit “A”. In addition, Consultant shall undertake and complete the preparation of the scope of work as set forth in “Exhibit A-1 to the First Amendment”, “Exhibit A-2 to the Second Amendment”, “Exhibit A-3 to the Third Amendment”, “Exhibit A4 to the Fourth Amendment”, “Exhibit A-5 to the Fifth Amendment”, “Exhibit A-6 to the Sixth Amendment”, and
“Exhibit A-7 to the Seventh Amendment” incorporated herein by this reference. The Consultant shall perform all services as required in a manner compatible with the standards of its profession and shall produce a fully complete project acceptable to City.”
3. Section 2.0 “CONTRACT DOCUMENTS” of the Original Agreement shall be deleted and parties agree to and hereby do substitute the following in its place:
“2.0 CONTRACT DOCUMENTS
Contract documents consist of the following documents, including all changes, addenda, and modifications thereto:
1. Agreement and all attachments
a. Exhibit A – Scope of Services
b. Exhibit A-1 to the First Amendment – Revised
Scope of Services
c. Exhibit A-2 to the Second Amendment – Revised
Scope of Services
d. Exhibit A-3 to the Third Amendment – Revised
Scope of Services
e. Exhibit A-4 to the Fourth Amendment – Revised
Scope of Services
f. Exhibit A-5 to the Fifth Amendment – Revised
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Dokken Engineering -4- City of Modesto
Seventh Amendment to Agreement for Design Services dated May 2, 2017 State Route 132 West Freeway/Expressway - Phase 1 Project Scope of Services
g. Exhibit A-6 to the Sixth Amendment – Revised
Scope of Services
h. Exhibit A-7 to the Seventh Amendment – Revised
Scope of Services
i. Exhibit B – Insurance Requirements
j. Exhibit C – Project Schedule
k. Exhibit D – Fee Schedule
l. Exhibit D-1 – Revised Fee Schedule
m. Exhibit D-2 – Revised Fee Schedule
n. Exhibit D-3 – Revised Fee Schedule
o. Exhibit D-4 – Revised Fee Schedule
p. Exhibit D-5 - Revised Fee Schedule
q. Exhibit D-6 - Revised Fee Schedule
r. Exhibit D-7 - Revised Fee Schedule
2. City’s Request for Proposal
3. Consultant’s Response”
4. Section 3.1 “Compensation” of the Original Agreement between the parties shall be deleted and the parties agree to and hereby do substitute the following in its place:
“3.1 Compensation: Consultant and City agree that this Agreement is valid and enforceable only if sufficient funds are made available to the City and funding is approved by the governing body of the City. Consultant shall be paid in accordance with the schedule set forth in Exhibit “D” (Fee Schedule), attached hereto and made a part of this Agreement. In addition, Consultant shall be paid in accordance with the schedule set forth in Exhibit “D-1”, Exhibit “D-2”, Exhibit “D-3”, Exhibit “D-4”, Exhibit “D-5”, Exhibit “D6”, and in Exhibit “D-7”. Fee Schedule rates shall include all work and deliverables, including travel and equipment described in Exhibit “D”, Exhibit “D-1”, Exhibit “D-2”, Exhibit “D-3”, Exhibit “D-4”, Exhibit “D-5”, Exhibit “D-6”, and Exhibit “D-7”, including direct salary costs, employee benefits, and overhead. The City may retain five percent of all periodic or progress payments made to the Consultant until completion and acceptance of all work tasks and City shall have right to withhold payment from Consultant for any unsatisfactory service until such time service is performed satisfactorily.
Consultant agrees to accept a sum not to exceed NINE MILLION,
FOUR HUNDRED NINETY-NINE THOUSAND, THIRTY
AND 10/100 DOLLARS ($9,499,030.10) as full remuneration for #7..
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Dokken Engineering -5- City of Modesto
Seventh Amendment to Agreement for Design Services dated May 2, 2017 State Route 132 West Freeway/Expressway - Phase 1 Project performing all services and furnishing all staffing and materials called for in Exhibit "A" of the original agreement, “Exhibit A-1 to the First Amendment”, “Exhibit A-2 to the Second Amendment”, “Exhibit A-3 to the Third Amendment”, “Exhibit A-4 to the Fourth Amendment”, “Exhibit A-5 to the Fifth Amendment”, “Exhibit A6 to the Sixth Amendment” and “Exhibit A-7 to the Sixth Amendment”, for performance by Consultant of all of its duties and obligations under this Agreement.
A. The method of payment for this contract will be based on lump sum, unless otherwise indicated on Exhibit “D”, “D-1”, “D-2”, “D-3”, “D-4”, “D-5”, “D-6” or “D-7” of this Agreement. The total lump sum price paid to Consultant will include
compensation for all work and deliverables, including travel and equipment described in Exhibit “D,” Exhibit “D-1”,
Exhibit “D-2”, Exhibit “D-3”, Exhibit “D-4”, Exhibit “D-5”, Exhibit “D-6”, and Exhibit “D-7” of this contract. The hourly price paid to Consultant will include compensation for all work and deliverables, including travel and equipment described in Exhibit “D-1”, Exhibit “D-2”, Exhibit “D-3”, Exhibit “D-4”, Exhibit “D-5”, Exhibit “D-6” and Exhibit “D-7” of this
contract. No additional compensation will be paid to
Consultant, unless there is a change in the scope of the work or the scope of the project. In the instance of a change in the scope of work or scope of the project, adjustment to the total lump sum compensation will be negotiated between Consultant and City. Adjustment in the total lump sum compensation will not be effective until authorized by contract amendment and approved by City.
B. Progress payments may be made monthly in arrears based on the percentage of work completed by Consultant. If Consultant fails to submit the required deliverable items according to the schedule set forth in the Statement of Work, City shall have the right to delay payment or terminate this Contract in accordance with the provisions of Article VI Termination.
C. Consultant shall not commence performance of work or services until this contract has been approved by City and notification to proceed has been issued by City’s Project Manager. No payment will be made prior to approval of any work, or for any work performed prior to approval of this contract.
D. Consultant will be reimbursed, as promptly as fiscal procedures will permit, upon receipt by City’s Project Manager of itemized invoices in triplicate. Invoices shall be submitted no later than 45 calendar days after the performance of work for which #7..
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Dokken Engineering -6- City of Modesto
Seventh Amendment to Agreement for Design Services dated May 2, 2017 State Route 132 West Freeway/Expressway - Phase 1 Project Consultant is billing. Invoices shall detail the work performed on each milestone, on each project as applicable. Invoices shall follow the format stipulated for the Cost Proposal and shall reference the project title as noted elsewhere in this contract.
Final invoice must contain the final cost and all credits due City that include any equipment purchased under the
provisions of section 1.14 Equipment Purchase of this contract.
The final invoice should be submitted within 60-calendar days after completion of Consultant’s work. Invoices shall be mailed to City’s Project Manager at the following address:
Mr. John Rawles, c/o
Community & Economic Development Department
P.O. Box 642
Modesto, CA 95353
(209) 577-5253
5. Section 4.3 “Completion of Agreement” of the Original Agreement between the parties shall be deleted and the parties agree to and hereby do substitute the following in its place:
“4.3 Completion of Agreement: This Agreement shall be
completed no later than December 31, 2023, unless extended by amendment.”
6. Except as herein amended or modified, the provisions of the Original Agreement, First Amendment, Second Amendment, Third Amendment, Fourth Amendment, Fifth Amendment, and Sixth Amendment are expressly reaffirmed and remain in full force and effect.
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Dokken Engineering -7- City of Modesto
Seventh Amendment to Agreement for Design Services dated May 2, 2017 State Route 132 West Freeway/Expressway - Phase 1 Project IN WITNESS WHEREOF, the City of Modesto, a municipal corporation, has authorized the execution of this Seventh Amendment in duplicate by its City Manager and attestation by its City Clerk under authority of Resolution No. 2023-________, adopted by the Council of the City of Modesto on the 14th day of March, 2023, and DOKKEN ENGINEERING has caused this Seventh Amendment to be duly executed in duplicate. (Signatures on next page)
Reviewed 2/13/2023 by PH
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SR132 WEST FREEWAY/EXPRESSWAY – PHASE 1
EXHIBIT A-7, TO THE SEVENTH AMENDMENT
REVISED SCOPE OF SERVICES
Revised February 8, 2023
This amendment includes additional design services outside the scope of work of the Phase 1 project.
These additional services are requested by the City.
Dokken will prepare the design of 19 curb ramps between Morse Road and Carpenter Road (5,500 feet) on Kansas Avenue to facilitate the pavement rehabilitation. The plans will include 150 feet of infill sidewalk.
There are six elements to this work covered in the tasks below:
1) Obtain topographic survey of all areas to be affected by construction of sidewalk and curb ramps.
2) Review the existing curb ramps features including slopes, landings, clear widths, drainage, visual and tactile warnings.
3) Review right of way constraints to verify new improvements will be within project ROW. 4) Prepare an environmental revalidation for the extended project limits and obtain Caltrans approval (assuming no additional technical studies are required). 5) Review existing drainage flow patterns to verify gutter flowlines terminate into existing inlets. 6) Prepare plans and quantities for the reconstruction of 19 curb ramps along Kansas Avenue from Morse Road to Carpenter Road.
TASK 41.7 – Kansas Ave ADA Curb Ramps and Sidewalk (HOURLY) DESIGN:
Dokken will conduct a field visit making note of which curb ramps are ADA compliant and which ones are non-conforming. Dokken will create a summary report based on the field measurements and findings.
Dokken will review the project Right of Way mapping and evaluate which curb ramp locations require TCE.
Dokken will review the existing gutter flowlines to ensure the reconstruction of the curb ramps do not change the existing drainage patterns. With the exception of possibly adding new inlets to existing vertical rock well drains, it is assumed the existing local street drainage will be unchanged.
Dokken will review the existing electrical systems impacted by the Dokken designed ADA curb ramps but no electrical design is anticipated. With the exception of possibly detailing, the replacement of existing signal detection loops and push button relocations.
Dokken will prepare change order plans and quantities to implement reconstruction of non-conforming ADA curb ramps along Kansas Avenue from North Dakota Avenue to Carpenter Road. The change order plans will include updated layout sheets, new construction detail sheets, and new quantity sheets. #7..
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SR132 WEST FREEWAY/EXPRESSWAY – PHASE 1
ENVIRONMENTAL REVALIDATION
Supplemental Cultural Documentation: While the majority of additional work is within the previously approved Archaeological Area of Potential Effects (APE) limits, and the entirety of the work is within the Architectural APE limits, some of the proposed curb ramp replacements to be ADA compliant do fall outside of the previously approved Archaeological APE limits. There is no potential for the proposed work to impact archaeological resources, as all work is within existing improvements and would not involve ground disturbance below the existing base. Dokken will coordinate with Caltrans District 10 cultural resource staff to determine the level of documentation necessary. If required, Dokken will complete a Supplemental Historic Property Survey Report with a minor revalidation of the APE for Caltrans approval and signature. No cultural pedestrian surveys or additional Native American consultation is required for this minor change in the APE limits.
CEQA/NEPA Revalidation: To document the additional work to repair Kansas Avenue and install curb, gutter, sidewalks and ADA compliant curb ramps, a CEQA/NEPA revalidation of the EIR/EA will be required.
The CEQA/NEPA Revalidation will describe the changes in project design. There are no applicable changes in environmental setting, environmental circumstance, environmental impacts, or new avoidance, minimization, or mitigation measures. The CEQA/NEPA Revalidation would be completed and sent to Caltrans for review/signature.
Assumptions:
1) Any required utility relocation coordination will be done by the City. 2) Any ROW services will be done by the City.
3) Existing drainage patterns will be perpetuated.
TASK 41.8 – Survey Support for Kansas Ave Curb Ramps (HOURLY) Dokken will prepare a survey request exhibit for the surveyor. This exhibit will specify all the required survey shot necessary to design ADA compliant curb ramps.
Northstar will provide topographic surveying for the design of 19 curb ramps between Morse Road and Carpenter Road and define a section of right of way from Rosemore Avenue to Carpenter Road. The surveys will include ground shots necessary to design the curb ramps along with shots on the adjacent flowlines and grades. At Mercy Avenue, Northstar will take shots of the general area for the addition of a new curb ramp and new sidewalk.
Northstar will draft in breaklines of the existing curb ramps based on the field shots taken.
Northstar will reconcile the right of way for a stretch of Kansas Avenue from Rosemore Avenue to just beyond Carpenter Road. The right of way for this segment was not part of the SR-132 project needs.
TASK 41.9 – Project Closeout Support to City (HOURLY)
Dokken will provide the City with continued project closeout support as the final project construction records are completed and turned over to Caltrans. This support may include extended as-built plan #7..
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SR132 WEST FREEWAY/EXPRESSWAY – PHASE 1
requests from Caltrans, closeout of the right of way mapping, and possible support to complete the right of way relinquishment procedures.
End of Amendment No. 7.
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DESIGN SUPPORT DURING CONSTRUCTION - ADDITIONAL DESIGN TASKS State Route 132 West Freeway/Expressway - Phase 1 Project Exhibit D-7, Revised Fee Schedule
TASK
Matthew Griggs, PE(Project Manager)Richard Sanders, PE (Roadway PE)Joe Ostdiek, PE, TE (Senior Traffic Engineer)Ashley Orsaba-Finders, PE (Senior Engineer)A. Konieczka, E. Espinoza, F. Enriquez,(PE, Senior Engineers)Martin Maechler, PE(Senior Engineer) Associate EngineerAssistant EngineerEnvironmental ManagerSenior Environmental Planner $254.47 $155.51 $189.44 $180.96 $172.47 $220.54 $155.51 $113.10 $212.06 $152.68 TASK 41 - ADDITIONAL DESIGN SUPPORT 32.00 150.00 30.00 36.00 8.00 24.00 236.00 4.00 56.00 576.00 14,000 $98,947.61 576.00 $14,000.00 $98,947.61
41.7 – Kansas Ave ADA Curb Ramp and Sidewalk 16.00 100.00 30.00 12.00 24.00 180.00 4.00 56.00 422.00 $60,863.47 422.00 $60,863.47
41.8 - Survey Support for Kansas Ave Curb Ramps 14,000 $14,000.00 - $14,000.00 $14,000.00
41.9 - Project Closeout Support to City 16.00 50.00 24.00 8.00 56.00 154.00 $24,084.13 154.00 $24,084.13 -
TOTAL HOURS 32.00 150.00 30.00 36.00 8.00 24.00 236.00 4.00 56.00 576.00 576.00 TOTAL COST $ 8,143 $ 23,326 $ 5,683 $ - $ 6,209 $ 1,764 $ 3,732 $ 26,691 $ 848 $ 8,550 $14,000 $98,947.61 $14,000.00 $98,947.61 Total Hours Direct Costs Total Cost GRAND TOTAL - HOURS GRAND TOTAL - DIRECT COSTS GRAND TOTAL - TOTAL COSTS 2/8/2023, Revised
DOKKEN TOTALS
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Third Amendment -1- City of Modesto
State Route 132 West Freeway/Expressway - Phase 1 Project
THIRD AMENDMENT TO AGREEMENT FOR PROFESSIONAL DESIGN SERVICES FOR STATE ROUTE 132 WEST FREEWAY/EXPRESSWAY - PHASE 1 PROJECT This Third Amendment to Agreement for Professional Design Services is made with reference to the contractual agreement between the CITY OF MODESTO (“City”) and DOKKEN ENGINEERING, a California corporation (“Consultant”), entered into by the parties on the 2nd day of May, 2017, hereinafter referred to as “Original Agreement”.
This Third Amendment to the Original Agreement for Professional Design Services is made with regard to the following recitals:
A. Section 3.0 “COMPENSATION AND BILLING” of the Original Agreement authorized and specified a not to exceed amount of $7,000,000, inclusive of additional services, to Consultant for performing all services and furnishing all staffing and materials called for in Exhibit “A” under this Agreement.
B. On or about January 22, 2019, the parties entered into a First Amendment to the Original Agreement, revising the scope of services and increasing the compensation amount by $344,095.43, and attaching corresponding Exhibits A-1 to the First Amendment “Revised Scope of Services” and Exhibit D-1 “Revised Fee Schedule.” C. On or about May 7, 2019, the parties entered into a Second Amendment to the Original Agreement, revising the scope of services and increasing the compensation amount by $144,421.92, and attaching corresponding “Exhibit A-2 to the Second Amendment - Revised Scope of Services” and “Exhibit D-2 – Revised Fee Schedule.” D. On or about July 10, 2019, at the City’s request, Consultant submitted to City a budget augmentation for additional tasks to increase the amount of the Original Agreement, as amended, by an additional $1,363,210.14. The budget augmentation is attached #7..
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Third Amendment -2- City of Modesto
State Route 132 West Freeway/Expressway - Phase 1 Project hereto as “Exhibit A-3 to the Third Amendment - Revised Scope of Services” and the further revised fee schedule is attached hereto as “Exhibit D-3 – Revised Fee Schedule.” NOW, THEREFORE, in consideration of this Third Amendment to Agreement, and the mutual promises, covenants, and stipulations contained in the Original Agreement for Professional Design Services and the First and Second Amendments to Agreement, the parties agree as follows:
1. The parties agree that each of the recitals set out above is factually true and correct.
2. Section 1.1 “Scope of Services” of the Original Agreement shall be deleted and parties agree to and hereby do substitute the following in its place:
“1.1 Scope of Services: Consultant shall undertake and complete the preparation of the scope of work as set forth and described in the documents attached to the Original Agreement and referred to therein as Exhibit “A”. In addition, Consultant shall undertake and complete the preparation of the scope of work as set forth in “Exhibit A-1 to the First Amendment”, “Exhibit A-2 to the Second Amendment”, and “Exhibit A-3 to the Third Amendment”,
incorporated herein by this reference. The Consultant shall perform all services as required in a manner compatible with the standards of its profession and shall produce a fully complete project acceptable to City.”
3. Section 2.0 “CONTRACT DOCUMENTS” of the Original Agreement shall be deleted and parties agree to and hereby do substitute the following in its place:
“2.0 CONTRACT DOCUMENTS
Contract documents consist of the following documents, including all changes, addenda, and modifications thereto:
1. Agreement and all attachments
a. Exhibit A – Scope of Services
b. Exhibit A-1 to the First Amendment – Revised Scope of #7..
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Third Amendment -3- City of Modesto
State Route 132 West Freeway/Expressway - Phase 1 Project Services
c. Exhibit A-2 to the Second Amendment – Revised Scope
of Services
d. Exhibit A-3 to the Third Amendment – Revised Scope
of Services
e. Exhibit B – Insurance Requirements
f. Exhibit C – Project Schedule
g. Exhibit D – Fee Schedule
h. Exhibit D-1 – Revised Fee Schedule
i. Exhibit D-2 – Revised Fee Schedule
j. Exhibit D-3 – Revised Fee Schedule
2. City’s Request for Proposal
3. Consultant’s Response”
4. Section 3.1 “Compensation” of the Original Agreement between the parties shall be deleted and the parties agree to and hereby do substitute the following in its place:
“3.1 Compensation: Consultant and City agree that this Agreement is valid and enforceable only if sufficient funds are made available to the City and funding is approved by the governing body of the City. Consultant shall be paid in accordance with the schedule set forth in Exhibit “D” (Fee Schedule), attached hereto and made a part of this Agreement. In addition, Consultant shall be paid in accordance with the schedule set forth in Exhibit “D-1”, Exhibit “D-2”, and in Exhibit “D-3”. Fee Schedule rates shall include all work and deliverables, including travel and equipment described in Exhibit “D”, Exhibit “D-1”, Exhibit “D-2”, and Exhibit “D-3”, including direct salary costs, employee benefits, and overhead.
The City may retain five percent of all periodic or progress payments made to the Consultant until completion and acceptance of all work tasks and City shall have right to withhold payment from Consultant for any unsatisfactory service until such time service is performed satisfactorily.
Consultant agrees to accept a sum not to exceed EIGHT
MILLION, EIGHT HUNDRED FIFTY-ONE THOUSAND,
SEVEN HUNDRED TWENTY-SEVEN AND 49/100
DOLLARS ($8,851,727.49) as full remuneration for performing all services and furnishing all staffing and materials called for in Exhibit "A" of the original agreement, “Exhibit A-1 to the First Amendment”, “Exhibit A-2 to the Second Amendment”, and
“Exhibit A-3 to the Third Amendment”, for performance by Consultant of all of its duties and obligations under this Agreement.
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Third Amendment -4- City of Modesto
State Route 132 West Freeway/Expressway - Phase 1 Project A. The method of payment for this contract will be based on lump sum, unless otherwise indicated on Exhibit “D”, “D-1”, “D-2”, or “D-3” of this Agreement. The total lump sum price paid to Consultant will include compensation for all work and
deliverables, including travel and equipment described in Exhibit “D,” Exhibit “D-1”, Exhibit “D-2”, and Exhibit “D-3” of this contract. The hourly price paid to Consultant will include compensation for all work and deliverables, including travel and equipment described in Exhibit “D-1”, Exhibit “D2”, and Exhibit “D-3” of this contract. No additional compensation will be paid to Consultant, unless there is a change in the scope of the work or the scope of the project. In the instance of a change in the scope of work or scope of the project, adjustment to the total lump sum compensation will be negotiated between Consultant and City. Adjustment in the total lump sum compensation will not be effective until authorized by contract amendment and approved by City.
B. Progress payments may be made monthly in arrears based on the percentage of work completed by Consultant. If Consultant fails to submit the required deliverable items according to the schedule set forth in the Statement of Work, City shall have the right to delay payment or terminate this Contract in accordance with the provisions of Article VI Termination.
C. Consultant shall not commence performance of work or services until this contract has been approved by City and notification to proceed has been issued by City’s Project Manager. No payment will be made prior to approval of any work, or for any work performed prior to approval of this contract.
D. Consultant will be reimbursed, as promptly as fiscal procedures will permit, upon receipt by City’s Project Manager of itemized invoices in triplicate. Invoices shall be submitted no later than 45 calendar days after the performance of work for which Consultant is billing. Invoices shall detail the work performed on each milestone, on each project as applicable. Invoices shall follow the format stipulated for the Cost Proposal and shall reference the project title as noted elsewhere in this contract.
Final invoice must contain the final cost and all credits due City that include any equipment purchased under the
provisions of section 1.14 Equipment Purchase of this contract.
The final invoice should be submitted within 60-calendar days after completion of Consultant’s work. Invoices shall be mailed to City’s Project Manager at the following address:
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Third Amendment -5- City of Modesto
State Route 132 West Freeway/Expressway - Phase 1 Project Mr. John Rawles, c/o
Community & Economic Development Department
P.O. Box 642
Modesto, CA 95353
(209) 577-5253
6. Except as herein amended or modified, the provisions of the Original Agreement, First Amendment, and Second Amendment are expressly reaffirmed and remain in full force and effect.
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SR132 WEST FREEWAY/EXPRESSWAY – PHASE 1
EXHIBIT A- 3 - SCOPE OF WORK
PAGE 1
EXHIBIT A-3 TO THE THIRD AMENDMENT
REVISED SCOPE OF SERVICES
Revised June 11, 2019
The following scope of work includes design and environmental support during the construction process. These services include design, utility and environmental services necessary to support construction of the project, maintain permit/agreement conditions and close out the project.
All work included herein will be billed on an hourly basis.
TASK 30 REQUESTS FOR INFORMATION (HOURLY)
Task 30.1 Respond to Requests for Information (RFI’s)
Dokken Engineering (Dokken) will provide on-going consultation and interpretation of contract documents, as requested.
Written responses will be provided to all requests for information (RFI’s), and supplemental or revised drawings may be issued to provide clarity to the Resident Engineer (RE) and Contractor. Developing change orders or plans for change orders is also made a part of this task.
Dokken will maintain a log of open and recently closed RFI’s to ensure timely response and progress on all RFI’s. Dokken will provide our responses to the Caltrans Construction Engineer (Harminder Deol) as well.
Task 30.2 RFI Support from Sub-Consultants
Sub consultants Wreco, Drake-Haglan, Y&C, Geocon and O’Dell will be available as requested to respond to RFI’s transmitted to them from Dokken. Dokken will review the responses from our sub consultants for completeness and clarity prior to transmitting them to the City, Caltrans and WSP. Responses will be recorded on the monthly progress report and retained for as-built plan preparation
Task 30.3 Site Visits to Address RFI’s and Coordination Dokken will schedule and attend periodic site visits throughout the project to answer questions, offer insight related to the numerous unique project conditions and sign off RFI’s. It is anticipated that site visits may occur weekly in times of heavy progress and then only occur bi-weekly when less construction activity is occurring.
TASK 31 REVIEW OF SHOP DRAWINGS
(HOURLY)
Task 31.1 Review Shop Drawings
Deliverables – Task 30
Written Response to RFI’s
Revised Plans to Clarify RFI’s
RFI Log Update Monthly or more frequently
Change Order Plans
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SR132 WEST FREEWAY/EXPRESSWAY – PHASE 1
EXHIBIT A- 3 - SCOPE OF WORK
PAGE 2
Dokken will review submittal drawings and stamp them as returned for corrections, approved as noted, or approved. For the bridges, submittal reviews are anticipated for permanent structure elements such as piling, bearings, joint seals, utility hangers, overhead signs, waterlines, light poles, aesthetics, and post-tensioning. Any corrections will be clearly marked in red and returned to the Resident Engineer. Subsequent reviews to confirm appropriate corrections to the shop drawings are anticipated. Submittals will be copied to Caltrans as requested by the Resident Engineer.
Dokken cannot review shop drawings for bridge falsework.
Task 31.2 Review of Shop Drawings for Pump Station
Wreco will review shop drawings for the pump station and stamp them as returned for corrections, approved as noted or approved. Submittal reviews are anticipated for pumps, control equipment, metal fabrication, railings, hardware, lighting electrical equipment and other major appurtenances related to the pump station. Any corrections will be clearly marked in red and returned to the Resident Engineer. Subsequent reviews to confirm appropriate corrections to the shop drawings are anticipated.
Task 31.3 Review of Shop Drawings for Electrical and ITS Y&C will review shop drawings for the electrical/ITS and stamp them as returned for corrections, approved as noted or approved. Submittal reviews are anticipated for traffic signals, street lighting, CMS, TMS, Fiber Optics, and camera systems. Any corrections will be clearly marked in red and returned to the Resident Engineer. Subsequent reviews to confirm appropriate corrections to the shop drawings are anticipated.
Task 31.4 Review of Shop Drawings for 54” Sewer, Landscape and Irrigation O’Dell will review shop drawings sewers, landscape, hardscape and irrigation for compliance with the project design and special provisions. Submittal review are anticipated for 54” sewer shop drawings, irrigation, and landscaping. Any corrections will be clearly marked in red and returned to the Resident Engineer. Subsequent reviews to confirm appropriate corrections to the shop drawings are anticipated.
Deliverables – Task 31
Stamped Shop Drawing Reviews
Stamped Subsequent Reviews to Confirm Corrections
TASK 32 ENVIRONMENTAL CONSTRUCTION SUPPORT (HOURLY)
Based on Dokken Engineering’s understanding of the scope of work for construction support, the following tasks are assumed to be completed by the contractor or CM team:
1. Cultural monitoring (paleontology) during excavation – CM team
2. Biological monitoring – Contractor furnished
3. Inspection of BCS/ADL relocation – CM team (with subconsultant Geocon)
4. Hazardous materials in buildings to be demolished – CPSI and City The following scope of work will be provided by Dokken’s environmental team to provide additional environmental construction support services to ensure the City fully meets the CEQA, NEPA, and permit commitments for the project. #7..
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SR132 WEST FREEWAY/EXPRESSWAY – PHASE 1
EXHIBIT A- 3 - SCOPE OF WORK
PAGE 3
Task 32.1 General Environmental Construction Support
Dokken will be responsible for general environmental construction support and monitoring as required by the environmental document in support of the City’s needs. This task involves periodic inspection of the construction site to ensure all environmental commitments are being adhered to by the City and its contractors. Monitored commitments may include maintenance of Environmentally Sensitive Area (ESA) fencing, monitoring during initial ground disturbing activities, coordination with City, Caltrans, CM, and contractor staff, and managing the project’s Environmental Commitment Record to track commitments as they are completed throughout construction. Dokken will also coordinate with the Contractor supplied biologist to ensure that all biological monitoring commitments are met. Dokken biologists will be available on-call for any unexpected discovery or emergency situation during construction. Dokken will provide agency coordination for start of construction, emergency management, and construction close out notification, as needed.
Deliverables – Task 32
Completed Environmental Commitment Record tracking all mitigation and other measures throughout construction.
Environmental Construction Support Monitoring Reports Agency Notification Records
TASK 33 RELINQUISHMENT SUPPORT (HOURLY)
Task 33.1 Plat Maps and Legal Descriptions for 4 Parcel Adjustments Northstar will prepare plat maps and legal descriptions for 4 parcels to prepare them for the final right of way disposition.
Parcels to be considered include:
1) City needs an easement for the 54” sanitary sewer to be retained from the future Caltrans basin acquired from parcels 20 and 101.
2) City should request the State excess more width along Emerald avenue and a plat and legal should be prepared to accompany the relinquishment negotiations.
3) Plats and legals for the state to relinquish the areas outside the access control along Carpenter to MID or the City where the steel poles are located.
4) A right of way adjustment between the State, City and Mitchell (Parcel No. 33) may be desired.
Not included in this proposal are the final Record of Survey, Relinquishment Maps, monumentation of the right of way, right of way maps, and monumentation of the alignments. Proper scoping of these services is anticipated to require several meetings and negotiation with Caltrans District 10. #7..
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SR132 WEST FREEWAY/EXPRESSWAY – PHASE 1
EXHIBIT A- 3 - SCOPE OF WORK
PAGE 4
Task 33.2 Relinquishment Support
Dokken will provide support to the City and Caltrans in preparing right of way adjustments on and around new SR-132 and relinquishment support for the existing SR-132, “Maze Boulevard”. Support from Dokken may include attending meetings, discussing relinquishment related to the 4 locations noted above in Task 33.1. At these properties along the new SR-132 a division between permanent State right of way and property in fee to be retained by the City should be identified.
TASK 34 UTILITY SUPPORT (HOURLY)
Task 34.1 Utility Support
Dokken will support the City and RE as requested with background information and coordination for planned utility relocations during construction. Support may include discussing potholing findings and research prior to construction, coordinating ongoing relocations with the utility companies, revising details to accommodate any change conditions for the utilities and supporting the City to comply with the utility agreements.
TASK 35 AS BUILT PLAN PREPARATION (HOURLY)
Task 35.1 Prepare As-Built Plans
Using mark-ups received from the RE and supplemental or revised drawings from addenda or RFI’s, Dokken will prepare the final record drawings. These drawings will be prepared electronically in Microstation format and provided on a CD and in both full and half size copies on bond paper.
Prior to preparing the full set of as-built plans, Dokken will meet with District 10 to discuss requirements of the as-built drawings and to clarify conflicting requirements in the Caltrans manuals and policies. Dokken will prepare minutes of the meeting and request definitive concurrence from District 10 of the as-built drawing requirements prior to preparing all the changes to the plan sheets.
Completed as-built plans will be submitted to the City of Modesto, Caltrans District 10/6, and Stanislaus County.
Deliverables – Task 35
As-Built Plans (11x17) Electronic and Hard Copy Files
END OF PROPOSAL
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City Resoluion No.: 2017-174
CONSULTANT: Dokken Engineering Date: July 10, 2019
DIRECT LABOR
Classification Name Range Hours Total
Project Manager Matthew Griggs, PE $50.00 - $90.00 596 @ $ 82.00 $ 48,872.00 Senior Engineer Martin Maechler, PE $50.00 - $90.00 848 @ $ 71.00 $ 60,208.00 Associate Engineer Eric Espinoza, PE $40.00 - $65.00 1,128 @ $ 52.00 $ 58,656.00 Roadway Project Engineer Richard Sanders, PE $40.00 - $65.00 1,550 @ $ 44.00 $ 68,200.00 Senior Engineer Staff $50.00 - $90.00 516 @ $ 63.00 $ 32,508.00 Associate Engineer Staff $40.00 - $65.00 1,032 @ $ 52.00 $ 53,664.00 Assistant Engineer Staff $30.00 - $50.00 912 @ $ 38.00 $ 34,656.00 Land Surveyor Terry Fletcher, LS $40.00 - $60.00 0 @ $ 55.00 $ - Environmental Manager Namat Hosseinion $50.00 - $90.00 20 @ $ 80.00 $ 1,600.00 Senior Environmental Planner Tim Chamberlain $40.00 - $65.00 60 @ $ 52.00 $ 3,120.00 Associate Environmental Planner Staff $30.00 - $50.00 40 @ $ 42.00 $ 1,680.00 Environmental Planner/Biologist Staff $20.00 - $45.00 120 @ $ 34.00 $ 4,080.00 Senior CAD Detailer Staff $40.00 - $65.00 224 @ $ 59.00 $ 13,216.00 Engineering Technician Staff $19.00 - $40.00 120 @ $ 25.00 $ 3,000.00 @ $ - $ -
Subtotal Direct Labor Costs $ 383,460.00
Anticipated Salary Increases $ -
Total Direct Labor Costs $ 383,460.00
Rate Total
Fringe Benefit 72.19% $ 276,819.77
Total Fringe Benefits $ 276,819.77
Indirect Costs Rate Total
General and Administrative 78.01% $ 299,137.15
Overhead 6.84% $ 26,228.66
Total Indirect Costs $ 325,365.81
FEE (Profit) ( 10.00% ) Total Fee (Profit) $ 98,564.56
OTHER COSTS (TO BE INVOICED AT ACTUAL COST) Quantity Unit Rate Total • Subconsultant RFI Responses *(for 25%) 200000 $ 1.00 $ 200,000.00 • Wreco Shop Drawings * 25000 $ 1.00 $ 25,000.00
• O'Dell Shop Drawings 20000 $ 1.00 $ 20,000.00
• Y&C Shop Drawings * 25000 $ 1.00 $ 25,000.00
• Northstar Plats 8000 $ 1.00 $ 8,000.00
• 0 $ 1.00 $ -
• 0 $ 1.00 $ -
• 0 $ 1.00 $ -
• 0 $ 1.00 $ -
• Outside Reproduction 10,000 11 X 17 sheets $ 0.10 $ 1,000.00 Total Other Costs $ 279,000.00
TOTAL - Dokken Engineering $ 1,363,210.14
SUBCONSULTANT COSTS Total
• Included as ODC $ -
• $ -
• $ -
• $ -
• $ -
* DBE Firm DBE Participation: 7.3% TOTAL - Subconsultants $ - TOTAL COST - NOT TO EXCEED $ 1,363,210.14
EXHIBIT 10-H AMENDMENT 3 COST PROPOSAL
SR-132 Phase 1 Freeway/Expressway Project
EXHIBIT D-3 - Revised Fee Schedule
City of Modesto
Initial
Hourly
Rate
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SR-132 West Freeway/Expressway Phase 1 Project
Exhibit D-3 - Revised Fee Schedule
Revised July 10, 2019
DOKKEN ENGINEERING
TASK
Matthew Griggs(Project
Manager)
Martin Maechler, PE(Senior Engineer)Eric Espinoza, PE(Associate Engineer)Richard Sanders, PE(Associate Engineer)Senior Engineer Associate Engineer
Assistant EngineerNamat Hosseinion (Environmental Manager)Tim Chamberlain (Senionr Environmental Planner)Associate Environmental SpecialistEnvironmental Planner/ Biologist Senior
CADD/Detailers
Engineering
Technician
$231.85 $200.75 $147.03 $124.41 $178.13 $147.03 $107.44 $226.20 $147.03 $118.75 $96.13 $166.82 $70.69 TASK 30 - REQUESTS FOR INFORMATION (Hourly) 400 512 560 1128 452 560 504 64 40 4,220 $200,000.00 $848,693.90
30.1 Respond to RFI's 240 400 360 840 400 560 480 64 40 3,384 $512,038.07
30.2 RFI Support from Sub-Consultants 40 32 40 48 20 180 $200,000.00 $231,113.15
30.3 Site Visits to Address RFI's and Coordination 120 80 160 240 32 24 656 $105,542.68 TASK 31 - REVIEW OF SHOP DRAWINGS (Hourly) 48 280 136 274 64 440 1,242 $70,000.00 $267,513.65
31.1 Review of Shop Drawings 36 240 120 200 40 440 1,076 $170,867.85
31.2 Review of Shop Drawings for Pump Station (Wreco) 4 24 10 24 62 $25,000.00 $36,264.52
31.3 Review of Shop Drawings for Electrical and ITS (Y&C) 4 16 8 24 52 $20,000.00 $28,301.36
31.4 Review of Shop Drawings for 54" Sewer, Landscape and Irrigation (O'Dell) 4 8 40 52 $25,000.00 $32,079.91 TASK 32 - ENVIRONMENTAL CONSTRUCTION SUPPORT (Hourly) 20 60 40 120 240 $29,631.57
32.1 General Environmental Construction Support 20 60 40 120 240 $29,631.57 TASK 33 - RELINQUISHMENT SUPPORT (Hourly) 64 72 8 144 $8,000.00 $32,655.28
33.1 Plat Maps and Legal Descriptions for 4 Parcel Adjustments 16 32 8 56 $8,000.00 $16,550.18
33.2 Relinquishment Support 48 40 88 $16,105.10
TASK 34 - UTILITY SUPPORT (Hourly) 64 16 400 20 160 660 $96,540.11
34.1 Utility Support 64 16 400 20 160 660 $96,540.11
TASK 35 - AS BUILT PLAN PREPARATION (Hourly) 20 40 32 56 32 240 160 80 660 $1,000.00 $88,175.63
35.1 Prepare As-Built Plans 20 40 32 56 32 240 160 80 660 $1,000.00 $88,175.63 TOTAL HOURS 596 848 1,128 1,550 516 1,032 912 20 60 40 120 224 120 7,166 TOTAL COST $138,182.65 $170,234.51 $165,846.32 $192,831.41 $91,914.42 $151,731.74 $97,987.76 $4,523.90 $8,821.61 $4,750.10 $11,535.96 $37,367.45 $8,482.32 $279,000.00 $1,363,210.14 Total HoursDirect Costs
GRAND TOTAL - TOTAL
COSTS
TOTALS
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Fourth Amendment -1- City of Modesto
State Route 132 West Freeway/Expressway - Phase 1 Project
FOURTH AMENDMENT TO AGREEMENT FOR PROFESSIONAL DESIGN SERVICES FOR STATE ROUTE 132 WEST FREEWAY/EXPRESSWAY - PHASE 1 PROJECT This Fourth Amendment to Agreement for Professional Design Services is made with reference to the contractual agreement between the CITY OF MODESTO (“City”) and DOKKEN ENGINEERING, a California corporation (“Consultant”), entered into by the parties on the 2nd day of May, 2017, hereinafter referred to as “Original Agreement”.
This Fourth Amendment to the Original Agreement for Professional Design Services is made with regard to the following recitals:
A. Section 3.0 “COMPENSATION AND BILLING” of the Original Agreement authorized and specified a not to exceed amount of $7,000,000, inclusive of additional services, to Consultant for performing all services and furnishing all staffing and materials called for in Exhibit “A” under this Agreement.
B. On or about January 22, 2019, the parties entered into a First Amendment to the Original Agreement, revising the scope of services and increasing the compensation amount by $344,095.43, and attaching corresponding Exhibits A-1 to the First Amendment “Revised Scope of Services” and Exhibit D-1 “Revised Fee Schedule.” C. On or about May 7, 2019, the parties entered into a Second Amendment to the Original Agreement, revising the scope of services and increasing the compensation amount by $144,421.92, and attaching corresponding “Exhibit A-2 to the Second Amendment - Revised Scope of Services” and “Exhibit D-2 – Revised Fee Schedule.” C. On or about September 24, 2019, the parties entered into a Third Amendment to the Original Agreement, revising the scope of services and increasing the compensation amount by $1,363,210.14, and attaching corresponding “Exhibit A-3 to the Second Amendment - Revised Scope of Services” and “Exhibit D-3 – Revised Fee Schedule.” DocuSign Envelope ID: C325595C-CFE9-46D6-958C-CD9FE5E0D905 #7..
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Fourth Amendment -2- City of Modesto
State Route 132 West Freeway/Expressway - Phase 1 Project D. On or about October 8, 2020, at the City’s request, Consultant submitted to City a budget augmentation for additional tasks to increase the amount of the Original Agreement, as amended, by an additional $304,270.00. The budget augmentation is attached hereto as “Exhibit A-4 to the Fourth Amendment - Revised Scope of Services” and the further revised fee schedule is attached hereto as “Exhibit D-4 – Revised Fee Schedule.” NOW, THEREFORE, in consideration of this Fourth Amendment to Agreement, and the mutual promises, covenants, and stipulations contained in the Original Agreement for Professional Design Services and the First, Second, and Third Amendments to Agreement, the parties agree as follows:
1. The parties agree that each of the recitals set out above is factually true and correct.
2. Section 1.1 “Scope of Services” of the Original Agreement shall be deleted and parties agree to and hereby do substitute the following in its place:
“1.1 Scope of Services: Consultant shall undertake and complete the preparation of the scope of work as set forth and described in the documents attached to the Original Agreement and referred to therein as Exhibit “A”. In addition, Consultant shall undertake and complete the preparation of the scope of work as set forth in “Exhibit A-1 to the First Amendment”, “Exhibit A-2 to the Second Amendment”, “Exhibit A-3 to the Third Amendment”, and
“Exhibit A-4 to the Fourth Amendment”, incorporated herein by this reference. The Consultant shall perform all services as required in a manner compatible with the standards of its profession and shall produce a fully complete project acceptable to City.”
3. Section 2.0 “CONTRACT DOCUMENTS” of the Original Agreement shall be deleted and parties agree to and hereby do substitute the following in its place:
DocuSign Envelope ID: C325595C-CFE9-46D6-958C-CD9FE5E0D905 #7..
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Fourth Amendment -3- City of Modesto
State Route 132 West Freeway/Expressway - Phase 1 Project “2.0 CONTRACT DOCUMENTS
Contract documents consist of the following documents, including all changes, addenda, and modifications thereto:
1. Agreement and all attachments
a. Exhibit A – Scope of Services
b. Exhibit A-1 to the First Amendment – Revised
Scope of Services
c. Exhibit A-2 to the Second Amendment – Revised
Scope of Services
d. Exhibit A-3 to the Third Amendment – Revised
Scope of Services
e. Exhibit A-4 to the Fourth Amendment – Revised
Scope of Services
f. Exhibit B – Insurance Requirements
g. Exhibit C – Project Schedule
h. Exhibit D – Fee Schedule
i. Exhibit D-1 – Revised Fee Schedule
j. Exhibit D-2 – Revised Fee Schedule
k. Exhibit D-3 – Revised Fee Schedule
l. Exhibit D-4 – Revised Fee Schedule
2. City’s Request for Proposal
3. Consultant’s Response”
4. Section 3.1 “Compensation” of the Original Agreement between the parties shall be deleted and the parties agree to and hereby do substitute the following in its place:
“3.1 Compensation: Consultant and City agree that this Agreement is valid and enforceable only if sufficient funds are made available to the City and funding is approved by the governing body of the City. Consultant shall be paid in accordance with the schedule set forth in Exhibit “D” (Fee Schedule), attached hereto and made a part of this Agreement. In addition, Consultant shall be paid in accordance with the schedule set forth in Exhibit “D-1”, Exhibit “D-2”, Exhibit “D-3”, and in Exhibit “D-4”. Fee Schedule rates shall include all work and deliverables, including travel and equipment described in Exhibit “D”, Exhibit “D-1”, Exhibit “D-2”, Exhibit “D-3”, and Exhibit “D-4”, including direct salary costs, employee benefits, and overhead. The City may retain five percent of all periodic or progress payments made to the Consultant until completion and acceptance of all work tasks and City shall have right to withhold payment from Consultant for any unsatisfactory service until such time service is performed satisfactorily.
DocuSign Envelope ID: C325595C-CFE9-46D6-958C-CD9FE5E0D905 #7..
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Fourth Amendment -4- City of Modesto
State Route 132 West Freeway/Expressway - Phase 1 Project Consultant agrees to accept a sum not to exceed NINE MILLION,
ONE HUNDRED FIFTY-FIVE THOUSAND, NINE
HUNDRED NINETY-SEVEN AND 49/100 DOLLARS
($9,155,997.49) as full remuneration for performing all services and furnishing all staffing and materials called for in Exhibit "A" of the original agreement, “Exhibit A-1 to the First Amendment”, “Exhibit A-2 to the Second Amendment”, “Exhibit A-3 to the Third Amendment”, and “Exhibit A-4 to the Fourth Amendment”, for performance by Consultant of all of its duties and obligations under this Agreement.
A. The method of payment for this contract will be based on lump sum, unless otherwise indicated on Exhibit “D”, “D-1”, “D-2”, “D-3”, or “D-4” of this Agreement. The total lump sum price paid to Consultant will include compensation for all work and deliverables, including travel and equipment described in Exhibit “D,” Exhibit “D-1”, Exhibit “D-2”, Exhibit “D-3”, and Exhibit “D-4” of this contract. The hourly price paid to Consultant will include compensation for all work and
deliverables, including travel and equipment described in Exhibit “D-1”, Exhibit “D-2”, Exhibit “D-3”, and Exhibit “D4” of this contract. No additional compensation will be paid to Consultant, unless there is a change in the scope of the work or the scope of the project. In the instance of a change in the scope of work or scope of the project, adjustment to the total lump sum compensation will be negotiated between Consultant and City. Adjustment in the total lump sum compensation will not be effective until authorized by contract amendment and approved by City.
B. Progress payments may be made monthly in arrears based on the percentage of work completed by Consultant. If Consultant fails to submit the required deliverable items according to the schedule set forth in the Statement of Work, City shall have the right to delay payment or terminate this Contract in accordance with the provisions of Article VI Termination.
C. Consultant shall not commence performance of work or services until this contract has been approved by City and notification to proceed has been issued by City’s Project Manager. No payment will be made prior to approval of any work, or for any work performed prior to approval of this contract.
D. Consultant will be reimbursed, as promptly as fiscal procedures will permit, upon receipt by City’s Project Manager of itemized invoices in triplicate. Invoices shall be submitted no later than 45 calendar days after the performance of work for which DocuSign Envelope ID: C325595C-CFE9-46D6-958C-CD9FE5E0D905 #7..
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Fourth Amendment -5- City of Modesto
State Route 132 West Freeway/Expressway - Phase 1 Project Consultant is billing. Invoices shall detail the work performed on each milestone, on each project as applicable. Invoices shall follow the format stipulated for the Cost Proposal and shall reference the project title as noted elsewhere in this contract.
Final invoice must contain the final cost and all credits due City that include any equipment purchased under the
provisions of section 1.14 Equipment Purchase of this contract.
The final invoice should be submitted within 60-calendar days after completion of Consultant’s work. Invoices shall be mailed to City’s Project Manager at the following address:
Mr. John Rawles, c/o
Community & Economic Development Department
P.O. Box 642
Modesto, CA 95353
(209) 577-5253
6. Except as herein amended or modified, the provisions of the Original Agreement, First Amendment, Second Amendment, and Third Amendment are expressly reaffirmed and remain in full force and effect.
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DocuSign Envelope ID: C325595C-CFE9-46D6-958C-CD9FE5E0D905 504 8th
December
1/27/2021
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SR132 WEST FREEWAY/EXPRESSWAY – PHASE 1
EXHIBIT A-4, TO THE FOURTH AMENDMENT
REVISED SCOPE OF SERVICES
Revised October 8, 2020
The following Scope of Services is for miscellaneous, not-typical, design services requested during construction and for additional design services related right of way support, claim support, and right of way close out surveying. Approximately 2/3rds of these services are pass-through costs through Dokken to sub-consultants for specialty construction support services.
TASK 36 – Melton Olmsted Structure Modifications (HOURLY) Burne Engineering (Burne) will prepare structure modification plans for the industrial building on APN 029-015-008, Melton and Olmsted Enterprises Incorporated. The City has acquired a portion of the existing property. A metal industrial building lies on the portion of the parcel acquired and on the remainder retained by the owner. Burne will prepare plans to remove that portion of the building that lies in the recently acquired project right of way and reface the remainder of the building. Burne will prepare plans, submit the design to the City Building Department, address comments from the City and obtain a City Building Permit.
Dokken will respond to comments from the City stormwater reviewer and provide notes to Burne to be added to the plans to address stormwater management.
Task 37 – Surveying During Construction (HOURLY)
Northstar Engineering will perform survey services during the construction period. These services are to be initiated only upon request by the City and may include any of the following: 1) additional plat maps and legal descriptions necessary for final disposition of parcels, 2) quality assurance surveys to check staking by the Contractor surveyor, 3) staking of final rights of ways or property lines, or other survey support services requested by the City.
Not included in this proposal are the final Record of Survey, Relinquishment Maps, monumentation of the right of way, right of way maps, and monumentation of the alignments. Proper scoping of these services is anticipated to require several meetings and negotiation with Caltrans District 10.
Task 38 – Cathodic Protection (LUMP SUM)
MurraySmith and V&A Consulting Engineers will develop cathodic protection details for the City of Modesto ductile iron pipe waterlines in the roadway and bridge on Rosemore Avenue and Carpenter Road.
MurraySmith:
Project Management: This task is to monitor the progress of the contract, coordinate with staff from Dokken Engineering, coordinate with V&A Engineering, and address issues that may come up in the course of performing the work. It also includes monitoring budgets and progress billing to confirm the project stays within scope and budget.
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SR132 WEST FREEWAY/EXPRESSWAY – PHASE 1
Document Review: Review the contract documents in detail relative to the water pipeline relocation and installation, confirming material selection, connections to existing watermains, material compatibility and overall functionality of the cathodic protection system.
Plans and Specifications: Review the proposed cathodic protection plans and specifications prepared by V&A Engineering and confirm their compatibility with existing and proposed conditions. Make recommendations as required and provide supplementary specifications if necessary for isolation joints. Identify the most suitable locations for cathodic test stations and anodes if necessary.
Prepare an estimated cost of the resulting corrosion protection items.
V&A Consulting Engineers, Inc.
1. Project Management: The objective of this task is to track and execute the project in accordance with the schedule, budget, and quality expectations that are established. This task includes the following project management work activities:
a. Monitor project progress, including work completed, work remaining, budget expended, schedule, estimated cost of work remaining, and estimated cost at completion; manage activities within total project budget.
b. Monitor project activities for potential changes and anticipate changes whenever possible; with approval, modify project tasks, task budgets, and approach to keep the overall project within budget and on schedule.
c. Manage the quality of all work activities and project deliverables.
2. Document Review: Review alignment, geotechnical information, and preliminary plans and specifications for pipeline design.
3. Pipeline Corrosion Control within Bridge Letter: Prepare a letter discussing and recommending corrosion control for the ductile iron water pipelines within the bridge (not exposed to soil). It is understood that this piping will be installed first and, therefore, there is high priority on issuing these recommendations as soon as possible. A draft electronic copy of the report will be submitted for review.
Comments will be incorporated, and a final electronic copy will be provided.
4. In-situ Soil Resistivity Testing: Measure soil resistivity using the Wenner four-electrode method along the proposed alignments. The resistivity testing will be conducted at three locations along Rosemore Avenue and three locations along Carpenter Road to a depth of 20 feet below grade or the proposed pipeline depth, whichever is shallower.
5. Soil Corrosivity Report: Prepare a soil corrosivity report with V&A’s interpretation and analysis of the soil resistivity testing and chemical analysis. The degree of corrosivity of the soil will be discussed with respect to ductile iron pipes. Recommendations will be made for corrosion control of the ductile iron water pipelines. A draft electronic copy of the report will be submitted for review. Comments will be incorporated, and a final electronic copy will be provided.
6. Plans and Specifications: Prepare plans and technical specification Section 13 47 13, “Cathodic Protection,” for the cathodic protection system or Section 13 47 13, “Corrosion Monitoring,” for the #7..
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SR132 WEST FREEWAY/EXPRESSWAY – PHASE 1
corrosion monitoring system, depending on which system is recommended in the Soil Corrosivity Report.
Plans will be prepared in AutoCAD and will be provided in PDF format. Plans and specifications will be prepared for the 100% submittals. One round of comments will be addressed at each submittal.
7. Technical Assistance: Provide up to 8 hours of technical assistance and participation in conference calls, as required.
Task 39 – Groundwater Level Measurements (EACH, LUMP SUM) Aaron’s Well Drilling, Inc (Stackhouse Johns) will perform soundings for groundwater depth at well locations near the project upon authorization from Dokken and written permission from the owner. The cost provided by Aaron’s is $400 for each measurement to be billed to Dokken Engineering in a lump sum amount for each test.
The City will arrange for permission to enter the properties of the well owners.
Task 40 – Site Reviews for ADA Compliance (HOURLY)
Sally Swanson Architects (SSA) will provide on-call ADA access compliance consulting services to the City of Modesto upon request. SSA will be working under the direct authorization of Dokken Engineering.
Services may include but not limited to the following:
• Preliminary review of ADA project scoping.
• On-site or conference construction meeting(s) with project team to resolve difference in design access philosophy as requested.
• Site accessibility survey and report.
• Accessibility plan review.
• Assessing, evaluating and documenting (narrative/report) ADA code compliance issues. • Pre-installation field visit(s) as requested.
• On-site constructability or peer review services to support construction schedule as requested.
• Access compliance plan review of addendum and change order. • Assist project team to resolve any ADA issues may arise in the filed during construction Phase. • Provide interpretation of guidelines and regulations. • Accessibility punch-list walk and report for completed or on-going constructions. • Other ADA technical assistance/consultation via telephone or conference call.
Dokken will assist with coordination of the ADA services and process invoicing and payments for SSA.
Task 41 – Additional As-Needed Design Support (HOURLY)
Dokken Engineering and our subconsultants will provide ongoing design support to the City of Modesto and the Resident Engineer. The survey close-out tasks are anticipated to be performed by Northstar Engineering.
This task may include any of the following work items as requested or as needed:
· Support to the City for Right-of-Way transfers and close out with Caltrans #7..
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SR132 WEST FREEWAY/EXPRESSWAY – PHASE 1
· Property Transfer Deed Legal Descriptions
· Post Construction “After Condition” Record of Survey
· Updated Caltrans Right-of-Way Map
· Relinquishment Support – for meeting with Caltrans, agreement review / support, property exchanges with the Department, preparation of exhibits or mapping · Claim Support – engineering support from the design team to evaluate the merit and or value of potential claims.
· Other as-needed design engineer requests
End of Amendment No. 4.
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DESIGN SUPPORT DURING CONSTRUCTION - ADDITIONAL SUBCONTRACTED TASKS State Route 132 West Freeway/Expressway - Phase 1 Project Exhibit D-4, Revised Fee Schedule
TASK
Matthew Griggs, PE(Project Manager)Juann Ramos, PE Senior Engineer Associate Engineer
Assistant Engineer
Administration/Clerical
PrincipalProject Manager andSr. Technical ArchitectSr. Policy SpecialistSr. Access ConsultantDrafter or Technical StaffClerical $226.20 $183.78 $147.03 $93.31 $70.69 $225.00 $160.00 $185.00 $125.00 $110.00 $75.00 TASK 36 - Melton Olmsted Structure Modification (Hourly) 4 4 8 7,000 $8,187.52 8 $7,000.00 $8,187.52
36.1 Melton Olmsted Structure Modification 4 4 8 7,000 $8,187.52 8 $7,000.00 $8,187.52 TASK 37 - Surveying During Construction (Hourly) 6 3 9 $10,000 $11,094 9 $10,000 $11,094
37.1 Surveying During Construction 6 3 9 $10,000 $11,094 9 $10,000 $11,094 TASK 38 - Cathodic Protection 2 20 16 5 43 $30,600 $35,839 43 $30,600 $35,839
38.1 Design of Cathodic Protection, Dokken (Hourly) 2 20 16 5 43 $5,239 43 $5,239
38.2 Design of Cathodic Protection - Murray Smith (Lump Sum) $30,600 $30,600 - $30,600 $30,600 TASK 39 - Groundwater Level Measurements 2 6 2 10 $2,400 $3,876 10 $2,400 $3,876
39.1 Sounding Coordination & Well Research (Hourly) 2 6 2 10 $1,476 10 $1,476
39.2 Groundwater Soundings (Each, Lump Sum) $2,400 $2,400 - $2,400 $2,400 TASK 40 - Site Reviews for ADA Compliance (Hourly) 4 12 8 8 32 $4,851.89 20 60 40 160 20 20 320 4,800 50,000 352 $4,800 $54,852
40.1 Site Reviews for ADA Compliance 4 12 8 8 32 $4,852 20 60 40 160 20 20 320 4,800 50,000 352 $4,800 $54,852 TASK 41 - Additional Design Support (Hourly) 60 60 400 60 20 600 $100,000 $190,421.53 600 $100,000 $190,422
41.1 Additional As Needed Design Support 60 60 400 60 20 600 $100,000 $190,421.53 600 $100,000 $190,422 TOTAL HOURS 72 72 440 76 42 702 20 60 40 160 20 20 320 1,022 TOTAL COST 16,286$ $ 13,232 $ 64,692 7,091$ $ 2,969 $150,000 $ 254,270 4,500$ 9,600$ 7,400$ 20,000$ 2,200$ 1,500$ 4,800 50,000 $ 154,800 $ 304,270 Total Hours Total Cost Direct CostsGRAND TOTAL - TOTAL
COSTS
GRAND TOTAL - DIRECT
COSTS
SALLEY SWANSON ARCHITECTS INC.
GRAND TOTAL - HOURS
Total Hours Total Costs Direct Costs
October 8, 2020
DOKKEN TOTALS
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SR132 WEST FREEWAY/EXPRESSWAY – PHASE 1
EXHIBIT A-5, TO THE FIFTH AMENDMENT
REVISED SCOPE OF SERVICES
Revised February 16, 2022
This amendment includes additional design services outside the scope of work of the Phase 1 project.
These additional services are requested by the City to support public and MID requests for additional project features.
TASK 30.6 – Pedestrian Enhancements at Carpenter / Elm Intersection (HOURLY) There are four parts to this task: 1) meeting and preparing exhibits to establish the approved course(s) of action, 2) preparing plans for the restriping of southbound Carpenter Road, 3) preparing plans and quantities for design improvements to the Carpenter Road / Elm Avenue Intersection and 4) reviewing shop drawings for a new hybrid beacon.
Dokken will prepare an exhibit to assist the City in reaching consensus on the improvements to be made and attend meetings as needed to develop the change order plans.
Dokken will prepare change order plans and quantities to implement a restriping concept for Carpenter Road per the concept design prepared by the City of Modesto. This restriping concept may contain elements such as removal of the Carpenter Road median and the addition of sidewalk to the west side of the bridge.
Dokken will further prepare plans and quantities for improvements to the Carpenter Road / Elm Avenue intersection to improve pedestrian safety to and from neighborhoods along Elm Avenue and Shirley Court west of Carpenter Road. The improvements will include the following:
1) Overhead pedestrian activated hybrid beacon over the Carpenter Road crosswalk 2) Asphalt concrete landing pad and walking path along Elm Avenue from Carpenter Road to Shirley Court
3) New crosswalk across Elm Ave to Shirley Court
4) New concrete curb ramp at the southwest corner of Elm Ave / Shirley Court 5) Revised striping for Carpenter Road crosswalk, signing and advance striping for the hybrid beacon 6) Arrange for electrical signal connection to tie into the existing Elm Ave streetlight circuit Assumptions:
1) Electrical power for the hybrid beacon will come from the City lighting circuit on Elm Avenue and no new service connection to MID will be required.
2) No survey or ROW services are needed.
Task 30.7 – MID / Wagner Road Extension (HOURLY)
Dokken will participate in negotiations with the City, MID, Wagner representatives, and Caltrans to support resolution of a expanded design for the Wagner / MID access road. Participation will include site visits, meetings, the preparation of exhibits, surveys, plans to accommodate the desired access within areas inside and outside the existing MID easements, all while considering orchard operations. #7..
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SR132 WEST FREEWAY/EXPRESSWAY – PHASE 1
Dokken will design an additional 1,100-foot segment of the MID / Wagner Road from North Dakota to MID Tower #103. Dokken will design truck turn-around at Tower #103 and ingress /egress from the access road onto N. Dakota and eastbound SR-132. The new access road segment will be 12’ wide in a 16’ ROW, fenced on both sides.
Northstar will stake the existing toe of the proposed MID access roadway, survey the elevations of the existing road and prepare a plat map and legal description for transfer of the 16-foot section in fee or easement from the City to MID.
Dokken will detail the removal and reconstruction of the existing access road from Tower #103 to the tower near the City’s 54” sewer truck line. The design will show removal of the 16-foot access road and construction of a new low-profile 20-foot access road for 5,400 feet.
Assumption:
1) City legal consultant will handle obtaining signature and recording of the right of way transfer with the completion of the agreement.
End of Amendment No. 5.
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DESIGN SUPPORT DURING CONSTRUCTION - ADDITIONAL DESIGN TASKS State Route 132 West Freeway/Expressway - Phase 1 Project Exhibit D-5, Revised Fee Schedule
TASK Matthew Griggs, PE (Project Manager) Richard Sanders, PE (Roadway PE) Joe Ostdiek, PE, TE (Senior Traffic Engineer) Ashley Orsaba-Finders, PE (Senior Engineer) A. Konieczka, E. Espinoza, F. Enriquez, (PE, Senior Engineers) Martin Maechler, PE (Senior Engineer) Associate Engineer Assistant Engineer Right of Way Manager Right of Way Specialist Environmental Manager Senior Environmental Planner Senior CADD/Detailer Engineering Technician Administration/Clerical $254.47 $155.51 $189.44 $180.96 $172.47 $220.54 $155.51 $113.10 $183.78 $147.03 $212.06 $152.68 $169.65 $84.82 $98.96 TASK 30 - REQUESTS FOR INFORMATION 44.00 172.00 40.00 24.00 20.00 200.00 15.00 12.00 527.00 $10,443.45 $89,227.24
30.6 Pedestrian Enhancements at Carpenter / Elm Intersection 20.00 64.00 40.00 12.00 20.00 80.00 4.00 6.00 246.00 $2,409.52 $40,438.59
30.7 MID / Wagner Road Extension 24.00 108.00 12.00 120.00 11.00 6.00 281.00 $8,033.93 $48,788.65 -
TOTAL HOURS 44.00 172.00 40.00 24.00 20.00 200.00 15.00 12.00 527.00 TOTAL COST $ 11,197 $ 26,748 $ 7,578 $ - $ 4,139 $ - $ 3,110 $ 22,620 $ - $ 2,205 $ - $ - $ - $ - $ 1,188 $ 10,443 $ 89,227 2/16/2022, Revised
DOKKEN TOTALS GRAND TOTAL - HOURS GRAND TOTAL - DIRECT COSTS GRAND TOTAL - TOTAL COSTS #7..
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CITY OF MODESTO
COUNCIL AGENDA REPORT
DATE OF MEETING:
March 14, 2023
Date: February 15, 2023
TO: Mayor and City Council
THROUGH: Joseph P. Lopez, City Manager
FROM: Jessica Hill, Interim Director of Community & Economic Development Department SUBJECT: Pre-qualified Consultant List for Plan and Map Check Services and Land Surveying Services and Approving Standard Consultant Agreements
CONTACT: Toby Wells, City Engineer, [email protected], 209-571-5542 DESCRIPTION:
Consider approving the Prequalified Consultant List and Consultant Agreements consisting of O’Dell Engineering Group; Harris and Associates, Inc.; Yamabe and Horn Engineering, Inc; and DF Engineering Inc. for Engineering Plan Check, Map Check and Land Surveying Services for a period of three years, with two additional one-year renewal options. (Funding Source: Developer Fees)
STRATEGIC PLAN ELEMENT:
The recommended action supports the City Council’s 2020-2025 Strategic Plan, Goal D: Provide safe, efficient and reliable infrastructure through proactive community investment, maintenance and sustainability efforts.
BACKGROUND:
On March 13, 2018, by Resolution 2018-106, Council approved a pre-qualified consultant list for plan checking and survey services for an initial three-year term, that were extended two additional years with an expiration date of March 13, 2023. Retaining a pre-qualified, as-needed list of consultants allows the Community and Economic Development Department (CEDD) to have accelerated access to specific engineering and surveying services, when needed. City staff has been able to use consultants on the list to assist with plan and map checking and reduce the time it takes to approve projects.
DISCUSSION:
Based on current reduced staffing and increased workload in the Land Development Engineering Division of CEDD, staff continues to need additional assistance to meet the requested plan checking volume and response time. The Department has determined that the most efficient way to achieve this assistance is to contract with private firms to assist in the map and plan checking process.
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City Council, March 14, 2023
Pre-Qualified Consultant List for Plan and Map Check Services and Land Surveying Services and Approving Standard Consultant Agreements