Modesto City Council
May 2, 2023

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

CITY COUNCIL MEETING
Chambers, Basement Level
Tenth Street Place, 1010 10th Street
Modesto, California
Tuesday, May 02, 2023 at 5:30 PM
Roll Call - Councilmembers Alvarez, Bavaro, Escutia-Braaton, Ricci, Williams, Wright, Mayor Zwahlen
“Wordly” can translate into 25+ different languages! To access written translation during the meeting, please scan the QR Code or click this link https://attend.wordly.ai/join/RJDY-6364.
"Wordly" puede traducir a más de 25 idiomas diferentes! Para acceder a la traducción durante la reunión, por favor escanee el código QR o haga clic en el enlace https://attend.wordly.ai/join/RJDY-6364.

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

VIDEO CONFERENCING AND TELEPHONE
Effective March 1, 2023, if a technical issue arises with Zoom or the phone dial-in option, the City Council meeting will continue unless the meeting is being held pursuant to the provisions of Assembly Bill 2449. Alternative viewing options are listed below and the meeting is physically open to the public.

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

SUBMITTING COMMENTS BY E-MAIL
Written comments may be submitted via email to: [email protected] (include Agenda Item Number in the subject line). All comments will be shared with the Councilmembers and placed in the record, but will not be read aloud during the meeting. Written comments must be received two hours before the meeting.

VIRTUAL PARTICIPATION BY ZOOM VIDEO

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

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

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

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

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

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

ACKNOWLEDGEMENTS AND PRESENTATIONS

1. Proclamation declaring May 2023 as National Asian American and Pacific Islander Heritage Month. (Funding Source: Not Applicable)
CITY COUNCIL; Ariana Harbottle-Jarrett, 209-571-5597,
[email protected]

2. Proclamation declaring May 2023 as National Mental Health Awareness Month. (Funding Source: Not Applicable)
CITY COUNCIL; Ariana Harbottle-Jarrett, 209-571-5597,
[email protected]

3. Proclamation declaring May 2023 as National Older Americans Month. (Funding Source: Not Applicable)
CITY COUNCIL; Ariana Harbottle-Jarrett, 209-571-5597,
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MISCELLANEOUS
Legislation, Appointments, Other

4. Consider accepting the resignation of Gabriella Fierro from the City of Modesto’s Equity Commission (Funding Source: Not Applicable)
Staff Recommendation:
 Resolution accepting the resignation of Gabriella Fierro from the City of Modesto’s Equity Commission
HUMAN RESOURCES; Christina Alger, 209-571-5126, [email protected]

PUBLIC COMMENT PERIOD
Please refer to the special comment instructions above.

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

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

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

This Agenda is on file in the City Clerk’s Office, Sixth Floor, 10th Street Place, Posting Board at entry of 10th Street Place, and is available on the City’s Web site at www.modestogov.com.

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

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

Consent

5. Consider approving the minutes from the April 11, 2023 Council Meeting. (Funding Source: Not Applicable)
Staff Recommendation:
 Motion approving the minutes from the April 11, 2023 Council Meeting.

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

6. Consider approving the recommended Budget adjustments to Fiscal Year 2022-23 Annual Operating and Capital Improvement Program Budgets. (Funding Source:

Various Funds)
Staff Recommendation:
 Resolution amending Fiscal Year 2022-23 Annual Operating and Capital Improvement Project Fund Budgets and authorizing the City Manager, to take the necessary steps to implement the provisions of this Resolution.

BUDGET; Steve Christensen, 209-577-5390, [email protected] Consent

7. Consider approving a Design Services Agreement with AECOM of Sacramento, CA for the Briggsmore Avenue at State Route 99 Interchange Improvement Project in the amount of $6,380,010, plus $638,001 for additional services, if needed, for a total amount not to exceed $7,018,011. (Funding Source: Streets Capital Facility Fee and Regional Measure L Funds)
Staff Recommendation:
 Resolution approving a Design Services Agreement with AECOM of Sacramento, CA for the Briggsmore Avenue at State Route 99 Interchange Improvement Project in the amount of $6,380,010, plus $638,001 for additional services, if needed, for a total amount not to exceed $7,018,011, and authorizing the City Manager, or his designee to execute the Agreement.

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

8. Consider approving a Will Serve Letter and Outside Service Agreement for Water Service for the property located at 1224 Kiernan Avenue (APN: 046-001-001). (Funding Source: Water Fund, General Fund)
Staff Recommendation:
 Resolution approving a Will Serve Letter and Outside Service Agreement - 5 -
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between the City of Modesto and LPC Kiernan, LLC, a California Limited Liability company, to connect to the City of Modesto's existing water system for the property located at 1224 Kiernan Avenue in Modesto (APN: 046-001- 001), and authorizing the City Manager, or his designee, to sign the Will Serve Letter and execute the Outside Service Agreement.

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

9. Consider accepting an Informational Report for the March 2023 Accounts Payable Payment Register and Void Report. (Funding Source: Not Applicable) Staff Recommendation:
 Motion accepting an Informational Report for the March 2023 Accounts Payable Payment Register and Void Report.

FINANCE DEPARTMENT; Maria Garnica, 209-577-5249,
[email protected]
Consent

10. Consider accepting the Monthly Investment Report for February 2023. (Funding Source: Various Funds)
Staff Recommendation:
 Motion accepting the Monthly Investment Report for February 2023.

FINANCE DEPARTMENT; Calogero Maniscalco, 209-577-5219,
[email protected]
Consent

11. Consider approving the purchase of a Type II Dozer with Holt of California, CA for a total amount not to exceed $307,189. (Funding Source: General fund) Staff Recommendation:
 Resolution approving Competitive Bidding Process from Sourcewell with Caterpiller Inc., under the authorized dealer Holt of California, CA for a Type II Dozer for a total amount not to exceed $307,189; and authorizing the Purchasing Manager, or her designee, to issue the Purchase Order.

FIRE DEPARTMENT; Alan Ernst, 209-572-9590, [email protected] Consent

12. Consider approving the submission of an application for the Fiscal Year 2023-2024 Cal Fire Volunteer Fire Capacity (VFC) Program Grant, in a total amount not to exceed $40,000, which includes a 50% local match, for the Procurement of Wildland Firefighting Equipment. (Funding Source: General Fund)
Staff Recommendation:
 Resolution approving the submission of an application for the Fiscal Year 2023-2024 Cal Fire Volunteer Fire Capacity (VFC) Program Grant, in a total amount not to exceed $40,000, which includes a 50% local match, for the Procurement of Wildland Firefighting Equipment.

FIRE DEPARTMENT; Alan Ernst, 209-572-9590, [email protected] - 6 -
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Consent

13. Consider approving an Agreement with Callander Associates Landscape Architecture Inc. to prepare construction documentation for the Dr. Martin Luther King Jr. Park Renovation Project for a total amount not to exceed $753,419. (Funding Source:

Proposition 68 – California Statewide Park Program)
Staff Recommendation:
 Resolution approving an Agreement with Callander Associates Landscape Architecture Inc. to prepare construction documentation for the Dr. Martin Luther King Jr. Park Renovation Project for a total amount of $684,927, plus $68,492 for additional services, if needed, for an Agreement total amount not to exceed $753,419, and authorizing the City Manager, or his designee, to execute the Agreement.

PRN; Nathan Houx, 209-571-5526, [email protected]
Consent

14. Consider approving the Plans and Specifications for the Carpenter Road Area Soccer Complex, Phase 2 Project, accepting the Bid and approving a Construction Contract with Machado & Sons Construction, Inc. of Turlock, CA. for a total amount not to exceed $1,453,772. (Funding Source: Youth Soccer and Recreation Development Grant, Parks Fund, Parks and Air Quality CFF Fund and TRRP CIP Fund) Staff Recommendation:
 Resolution approving the Plans and Specifications for the Carpenter Road Area Soccer Complex, Phase 2 Project, accepting the Bid and approving a Construction Contract with Machado & Sons Construction, Inc. of Turlock, CA in the amount of $1,321,611, plus $132,161 in contingency (if needed), for a total amount not to exceed $1,453,772 and authorizing the City Manager, or his designee, to execute the Contract.
 Resolution authorizing an increase in the Director’s Authority to issue Change Orders for the Carpenter Road Area Soccer Complex, Phase 2 project from 8% ($105,729) to 10% ($132,161) of the Construction Contract amount of $1,321,611 with Machado & Sons Construction, Inc. of Turlock, CA.  Resolution amending the Fiscal Year 2022-2023 Capital Improvement Program Budget to fund Project #101061 (Carpenter Road Area Soccer) in an amount not to exceed $640,000 in transfers, revenue, and to budget expenditures to fund the project, and authorizing the City Manager, or his designee, to implement the provisions of this Resolution.

PRN; Nathan Houx, 209-571-5526, [email protected]
Consent

15. Consider approving the sale of 3.948 Acres of real property at 1500 Robertson Road jointly owned by the City of Modesto, the City of Ceres and the County of Stanislaus as part of the Tuolumne River Regional Park for $470,000 to the Stanislaus Regional Housing Authority to be used for construction of Parque Rio, a 92-unit multi-family affordable housing development. (Funding Source: TRRP Operating Fund) Staff Recommendation:
 Resolution approving the sale of 3.948 Acres of real property at 1500 - 7 -
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Robertson Road jointly owned by the City of Modesto, the City of Ceres and the County of Stanislaus as part of the Tuolumne River Regional Park for $470,000, to the Stanislaus Regional Housing Authority to be used for construction of Parque Rio, a 92-unit multi-family affordable housing development and authorizing the City Manager, or his designee, to execute the Purchase and Sale Agreement, and all related documents required to complete the transaction and close of escrow.

PRN; Nathan Houx, 209-571-5526, [email protected]
Consent

16. Consider accepting Grant Funds for a Safe Streets and Roads for All Grant to create an Action Plan to analyze roadway accidents. (Funding Source: Measure L and SS4A funds)
Staff Recommendation:
 Resolution accepting the SS4A Grant Funds of $1,000,000 and using Measure L funds as the City’s 20%, $200,000 match portion of the grant funds received for a project total of $1,200,000, and authorizing the City Manager, or his designee, to execute all related grant documents.

PUBLIC WORKS; Mark Murphy, 209-577-5431, [email protected] Consent

17. Consider accepting the Install Traffic Signal Video Detection Cameras Project as complete. (Funding Source: Congestion Mitigation and Air Quality) Staff Recommendation:
 Resolution accepting the Install Traffic Signal Video Detection Cameras Project as complete.

PUBLIC WORKS; Mark Murphy, 209-577-5431, [email protected] Consent

18. Consider approving the First Amendment to the Agreement with Pacific Gas and Electric for SmartMeter installation. (Funding Source: Surface Transportation Fund) Staff Recommendation:
 Resolution approving the First Amendment to the Agreement with Pacific Gas and Electric for SmartMeter installation by requiring a metered service for any future installations on unmetered street light standards, and authorizing the City Manager, or his designee, to execute the Amendment.

PUBLIC WORKS; Mark Murphy, 209-577-5431, [email protected] Consent

19. Consider approving an Agreement for Analytical Laboratory Testing Services to Alpha Analytical Laboratories, Livermore, CA, for a total amount not to exceed $1,837,587 over five years. (Funding Source: Water Fund)
Staff Recommendation:
 Resolution approving the Award of Bid and Agreement for Analytical Laboratory Testing Services to Alpha Analytical Laboratories, Livermore, CA for a two year Agreement with three one-year extension options, for an - 8 -
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estimated annual amount of $322,625 with an estimated 6% CPI increase applied for years three through five; and for the Fifth Unregulated Contaminant Monitoring Rule (UCMR5) one-time project# 101481 amount of $103,600, for a total amount not to exceed $1,837,587 over five years, and authorizing the City Manager, or his designee to execute the Agreement.

UTILITIES; Jeff Daniels, 209-342-4585, [email protected] Consent

20. Consider approving an Agreement with Labworks, LLC, Lehi, Utah, for the Annual Maintenance and Support of Labworks LIMS Software, for a total amount not to exceed $96,864 over five years. (Funding Source: Sewer Operation Fund) Staff Recommendation:
 Resolution approving the Sole Source Agreement with Labworks LLC, Lehi, Utah for the Annual Maintenance and Support of Labworks LIMS Software, for a five year Agreement, for an estimated annual amount of $18,048, to include an annual increase of 4%, and a total amount not to exceed $96,864 over five years; and authorizing the City Manager, or his designee to execute the Agreement.

UTILITIES; Jason Farnsworth, 209-577-6255, [email protected] Consent

21. Consider approving an Agreement for Analytical Laboratory Testing Services to Alpha Analytical Laboratories, Livermore, CA, for a total amount not to exceed $1,677,304 over five years. (Funding Source: Sewer Operation Fund and Storm Drain Fund) Staff Recommendation:
 Resolution approving the Award of Bid and Agreement for Analytical Laboratory Testing Services to Alpha Analytical Laboratories, Livermore, CA, for a two year Agreement with three one-year extension options, for an annual estimated amount of $310,950, with a 6.3% CPI increase included in years three through five, and a total amount not to exceed $1,677,304 over five years; and authorizing the City Manager, or his designee, to execute the Agreement.

UTILITIES; Jason Farnsworth, 209-577-6255, [email protected]

COUNCIL COMMENTS & REPORTS

CITY MANAGER COMMENTS & REPORTS

NEW BUSINESS

22. Consider approving the City of Modesto’s Homekey 3 Project Application for the project located at 710 N. 9th Street; negotiate and execute any related program agreements or documents required for the implementation and acceptance of Homekey 3 Program Grant, approving a letter of commitment to loan to RH Community Builders in the amount of $2,274,923 and $200,000 for staff activity delivery costs from Community Development Block Grant Funds. (Funding Source: Homekey 3 Funds and HUD Funds)
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Staff Recommendation:
 Resolution approving the City of Modesto’s Homekey 3 Project Application for the project located at 710 N. 9th Street, authorizing the City Manager, or his designee, to submit the application, applicable documentation, with alterations as required by the California Department of Housing and Community Development (HCD) and negotiate and execute any related program agreements or documents required for the implementation and acceptance of Homekey 3 Program Grant.
 Resolution of the governing body of the City of Modesto authorizing joint application to and participation in the Homekey program.  Resolution approving a letter of commitment to loan to RH Community Builders in an amount up to $2,274,923 in Community Development Block Grant Funds to assist with the acquisition and rehabilitation of 710 N. 9th Street, and $200,000 for staff activity delivery costs, and authorizing the City Manager or his designee to execute the agreements.
 Resolution amending the Fiscal Year 2022-2023 Multi-Year Fund Budget in the amount of $19,474,923 to establish a project for the Homekey 3 Program to be funded with Homekey 3 and Community Development Block Grant (CDBG) Grants and authorizing the City Manager, or his designee, to take the necessary steps to implement the provisions of this Resolution.

CED; Edgar Garcia, 209-577-5211, [email protected]

23. Consider accepting the Modesto Police Department’s annual Military Equipment Report, approving an Ordinance re-authorizing the department’s Military Equipment Use Policy (Policy 710), and authorizing the purchase of additional equipment that qualifies as “military equipment” in Fiscal Year 2023-2024. (Funding Source: General Fund, Supplemental Law Enforcement Services Fund, Asset Forfeiture Funds, and/or Police Grant Funds)
Staff Recommendation:
 Motion introducing and waiving the first reading of an Ordinance approving the Modesto Police Department’s Military Equipment Use Policy (Policy 710) in accordance with AB 481, approving the purchase of additional equipment that qualifies as “military equipment” in Fiscal Year 2023-2024 and rescinding Ordinance No. 3745-C.S.
 Motion accepting the Modesto Police Department’s annual Military Equipment Report.

POLICE; Joseph Bottoms, 209-572-9500, [email protected]

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

ADJOURNMENT
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CLOSED SESSION
Please take notice that a special Closed Session meeting of the Council of the City of Modesto has been called pursuant to Section 2-1.02 of the Modesto Municipal Code to be convened on
TUESDAY, MAY 02, 2023 AT 4:00 PM
and before the regularly scheduled meeting in the Tenth Street Place, Chambers Conference Room, Basement Level, 1010 Tenth Street, Modesto, California.

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

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

CLOSED SESSION
CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION
One Case (Pursuant to Section 54956.9(d)(1) of the Government Code) Name of Case: Jesse Montelongo, et al., v. City of Modesto, et al.

United States District Court, Eastern District of California Case No.: 1:15-CV-01605—BAM
CONFERENCE WITH LABOR NEGOTIATOR:
(Pursuant to Section 54957.6 of the Government Code) – MCEA Negotiator: Christina Alger
Employee Organization: Modesto City Employees Association CONFERENCE WITH LABOR NEGOTIATOR:
(Pursuant to Section 54957.6 of the Government Code) – MCMA Negotiator: Christina Alger
Employee Organization: Modesto Confidential & Management Association CONFERENCE WITH LABOR NEGOTIATOR:
(Pursuant to Section 54957.6 of the Government Code) – MPOA Negotiator: Christina Alger
Employee Organization: Modesto Police Officers’ Association - 11 -
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CONFERENCE WITH LABOR NEGOTIATOR:
(Pursuant to Section 54957.6 of the Government Code) – MPNSA Negotiator: Christina Alger
Employee Organization: Modesto Police Non-Sworn Association CONFERENCE WITH LABOR NEGOTIATOR:
(Pursuant to Section 54957.6 of the Government Code) –MPMA Negotiator: Christina Alger
Employee Organization: Modesto Police Management Association CONFERENCE WITH LABOR NEGOTIATOR:
(Pursuant to Section 54957.6 of the Government Code) – MCFFA Negotiator: Christina Alger
Employee Organization: Modesto City Firefighters Association CONFERENCE WITH LABOR NEGOTIATOR:
(Pursuant to Section 54957.6 of the Government Code) – Unrepresented Negotiator: Christina Alger
Employee Organization: Unrepresented Management and Confidential Employees Posted pursuant to Government Code Section 54954.2 on the bulletin board at Tenth Street Place on
at by
date time signature
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CITY OF MODESTO

COUNCIL AGENDA REPORT
DATE OF MEETING:

May 2, 2023
Date: March 31, 2023
TO: Mayor and City Council
THROUGH: Joseph P. Lopez, City Manager
FROM: Christina Alger, Director of Human Resources
SUBJECT: Equity Commission Resignation
CONTACT: Christina Alger, Director of Human Resources
[email protected], 209-571-5126
DESCRIPTION:

Consider accepting the resignation of Gabriella Fierro from the City of Modesto’s Equity Commission. (Funding Source: Not Applicable)
STRATEGIC PLAN ELEMENT:

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

BACKGROUND:

In support of the Diversity, Equity, and Inclusion Program, the Equity Commission was established to advise the City Manager and City Council on matters related to diversity, equity, inclusion, and disability regarding the workforce and services provided to the community.

DISCUSSION:

On August 9, 2022, by Resolution No 2022-332, Gabriella Fierro was appointed to the Equity Commission with a term expiration date of August 1, 2026. On March 20, 2023 Gabriella Fierro formally resigned from the Equity Commission.

FISCAL IMPACT:

There is no fiscal impact related to this action.

COMMITTEE RECOMMENDATION:

This was not taken to any committees.

RECOMMENDED COUNCIL ACTION:

Staff Recommendations:

Resolution accepting the resignation of Gabriella Fierro from the City of Modesto’s Equity Commission.
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City Council, May 2, 2023
Equity Commission Resignation

Approved by:

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

1. Resolution
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05/02/2023/HR/CAlger/Item XX 1 2023-XX

MODESTO CITY COUNCIL
RESOLUTION NO. 2023-?

RESOLUTION ACCEPTING THE RESIGNATION OF GABRIELLA FIERRO FROM

THE CITY OF MODESTO EQUITY COMMISSION
WHEREAS, the Equity Commission was established to advise the City Manager and City Council on matters relating to diversity, equity, inclusion, and disability, and WHEREAS, on August 9, 2022, by Resolution No. 2022-332, Gabriella Fierro was appointed to serve as a member of the Equity Commission, and WHEREAS, Gabriella Fierro has tendered her resignation from the Equity Commission effective March 20, 2023.

NOW, THEREFORE, BE IT RESOLVED that the Council of the City of Modesto hereby accepts the resignation of Gabriella Fierro from the Equity Commission, with regret.

The foregoing resolution was introduced in a regular meeting of the Council of the City of Modesto held on the 2nd day of May, 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, CMC,
City Clerk
(SEAL)
APPROVED AS TO FORM:

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

MINUTES
City of Modesto

CITY COUNCIL MEETING
Chambers, Basement Level
Tenth Street Place, 1010 10th Street
Modesto, California
Tuesday, April 11, 2023 at 5:30 PM
Roll Call – Present: Councilmembers Alvarez, Bavaro, Escutia-Braaton, Ricci, Williams, Wright, Mayor Zwahlen
Pledge of Allegiance to the Flag
Invocation: Edward Eissabake, St. John's Assyrian Evangelical Presbyterian Church City Clerk’s Announcements: None
Declaration of Conflicts of Interest: None
Reports from Closed Session: City Attorney Sanchez reported that the City Council met in closed session on one item related to litigation, related to the national prescription, opioid litigation. (6/1 vote with Vice Mayor, Ricci voting No). City Council directed the City Manager and the City Attorney to take the necessary actions to participate in this round of settlements that will allow additional funds to be delivered to the City to be used for combating the negative impacts of opioids.

ACKNOWLEDGEMENTS AND PRESENTATIONS

1. Proclamation declaring April 22, 2023 as Earth Day. (Funding Source: Not Applicable) CITY COUNCIL; Ariana Harbottle-Jarrett, 209-571-5597,
[email protected]
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ACTION: Mayor Zwahlen presented a Proclamation declaring April 22, 2023 as Earth Day.

2. Proclamation declaring April as Genocide Awareness Month (Funding Source: Not Applicable)
CITY COUNCIL; Ariana Harbottle-Jarrett, 209-571-5597,
[email protected]
ACTION: Mayor Zwahlen presented a Proclamation declaring April as Genocide Awareness Month

3. Proclamation declaring the week of April 10 -14, 2023 as Community Development Week. (Funding Source: Not Applicable)
CED; Jessica Hill, 209-577-5321, [email protected]
ACTION: Mayor Zwahlen presented a Proclamation declaring the week of April 10 - 15 as Community Development Week.

MISCELLANEOUS

4. Consider accepting the resignation of Hank Pollard from the City of Modesto Planning Commission. (Funding Source: Not Applicable)
Staff Recommendation:
 Resolution accepting the resignation of Hank Pollard from the City of Modesto Planning Commission.

CED; Jessica Hill, 209-577-5267, [email protected]
ACTION: (Wright/Escutia-Braaton; 7/0) Resolution 2023-156 accepting the resignation of Hank Pollard from the City of Modesto Planning Commission.

5. Consider accepting the resignation of Tim Fisher from the Modesto Convention and Visitors Bureau Board of Directors. (Funding Source: Not Applicable) Staff Recommendation:
 Resolution accepting the resignation of Tim Fisher from the Modesto Convention and Visitors Bureau Board of Directors,
PRN; Laurie Smith, 209-577-5347, [email protected]
ACTION: (Williams/Ricci; 7/0) Resolution 2023-157 accepting the resignation of Tim Fisher from the Modesto Convention and Visitors Bureau Board of Directors,

6. Consider appointing Chad Hilligus and Amber Lingley and reappointing Bert Tabrizi and Rodney Cordova, to the Modesto Convention and Visitors Bureau Board of Directors, for a two-year term retroactive to January 1, 2023 through December 31, 2024 (Funding Source: Not Applicable)
Staff Recommendation:
 Resolution appointing Chad Hilligus and Amber Lingley to the Modesto #5..
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Convention and Visitors Bureau Board of Directors for a two-year term retroactive to January 1, 2023 through December 31, 2024.  Resolution reappointing Bert Tabrizi and Rodney Cordova to the Modesto Convention and Visitors Bureau Board of Directors for a two-year term retroactive to January 1, 2023 through December 31, 2024.

PRN; Laurie Smith, 209-577-5347, [email protected]
ACTION: (Escutia-Braaton/Alvarez; 7/0) Resolution 2023-158 appointing Chad Hilligus and Amber Lingley to the Modesto Convention and Visitors Bureau Board of Directors for a two-year term retroactive to January 1, 2023 through December 31, 2024.

ACTION: (Escutia-Braaton/Alvarez; 7/0) Resolution 2023-159 reappointing Bert Tabrizi and Rodney Cordova to the Modesto Convention and Visitors Bureau Board of Directors for a two-year term retroactive to January 1, 2023 through December 31, 2024.

PUBLIC COMMENT PERIOD
 Susan Mendieta-Beasley, executive Director of the Parent Resource Center invited the Council and public to attend the 30th Anniversary of the Parent Resource Center on April 27, 2023. On April 28th they will recognize Child Remembrance Day, and Child Abuse Prevention month. They will be observing Child Remembrance Day at 10 a.m. with a moment of silence to remember those children that have experienced child abuse.  Ramon Rodriguez spoke about exit 26 B on HWY 132 and issues with that exit. He also commented that the traffic lights were not aligned well with the exit. He also commented on genocide awareness and asked the Council to take a stand against hate.  Tina Perez Tateo asked the Council to place an item on the agenda to discuss lifting the ban on cruising. She also spoke about the City of Nation lifting the ban on cruising and how the Modesto Cruisers volunteered by having a few classic cars at the Awesome Spot.  Adrian Harrell, New Bridge Management presented the Modesto City Cities International Report. She also invited the Council to attend a reception for the Ukrainian Mayors that will be visiting within the next couple of weeks.
 Bethany Hunt stated she is speaking on behalf of part time employees and spoke about hazard pay. She spoke in support of Covid-19 hazard pay for retirees.  Patricia spoke about her employment at Stanislaus County, Child Welfare, and issues with the County.

CONSENT ITEMS – ROLL CALL VOTE REQUIRED
ACTION CONSENT ITEMS 7-15; 17-30: (Bavaro/Wright; 7/0)
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CONSENT
Consent

7. Consider approving the minutes from the April 4, 2023 Council Meeting. (Funding Source: Not Applicable)
 Motion approving the minutes from the April 4, 2023 Council Meeting.

CITY CLERK; Diane Nayares-Perez, 209-577-5396, [email protected] ACTION: (Bavaro/Wright; 7/0) Motion approving the minutes from the April 4, 2023 Council Meeting.

Consent

8. Consider approving Final Adoption of Ordinance 3761-C.S. amending Section 27-3-9 of the Zoning Map of the City of Modesto to Rezone from Low-Density Residential, r1, to Medium-High Density Residential, r-3, properties located 1505 and 1513 Scenic Drive (City of Modesto). (Funding Source: Not Applicable)  Motion approving Final Adoption of Ordinance 3761-C.S. amending Section 27-3-9 of the Zoning Map of the City of Modesto to Rezone from Low-Density Residential, r-1, to Medium-High Density Residential, r-3, properties located 1505 and 1513 Scenic Drive (City of Modesto).

CITY CLERK; Diane Nayares-Perez, 209-577-5396, [email protected] ACTION: (Bavaro/Wright; 7/0) Motion approving Final Adoption of Ordinance 3761-C.S. amending Section 27-3-9 of the Zoning Map of the City of Modesto to Rezone from Low-Density Residential, r-1, to Medium-High Density Residential, r-3, properties located 1505 and 1513 Scenic Drive (City of Modesto).

Consent

9. Consider approving Final Adoption of Ordinance 3762-C.S. amending Section 10-

4.102 of Title 10, Chapter 4 (Development Standards), Article 1 (Residential Zones); repealing Section 10-4.115 and Section 10-4.116 of Title 10, Chapter 4 (Development Standards), Article 1 (Residential Zones); adding Article 5 regarding Accessory Dwelling Units to Title 10, Chapter 4 (Development Standards); and repealing and replacing Chapter 8 of Title 10 regarding Density Bonus and Affordable Housing. (Funding Source: Not Applicable)
 Motion approving Final Adoption of Ordinance 3762-C.S. amending Section 10-4.102 of Title 10, Chapter 4 (Development Standards), Article 1 (Residential Zones); repealing Section 10-4.115 and Section 10-4.116 of Title 10, Chapter 4 (Development Standards), Article 1 (Residential Zones); adding Article 5 regarding Accessory Dwelling Units to Title 10, Chapter 4 (Development Standards); and repealing and replacing Chapter 8 of Title 10 regarding Density Bonus and Affordable Housing.

CITY CLERK; Diane Nayares-Perez, 209-577-5396, [email protected] ACTION: (Bavaro/Wright; 7/0) Motion approving Final Adoption of Ordinance 3762-C.S. amending Section 10-4.102 of Title 10, Chapter 4 (Development Standards), #5..
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Article 1 (Residential Zones); repealing Section 10-4.115 and Section 10-4.116 of Title 10, Chapter 4 (Development Standards), Article 1 (Residential Zones); adding Article 5 regarding Accessory Dwelling Units to Title 10, Chapter 4 (Development Standards); and repealing and replacing Chapter 8 of Title 10 regarding Density Bonus and Affordable Housing.

Consent

10. Consider accepting the Informational Fiscal Year 2022-23 General Fund Mid-Year Update Report and approving the recommended budget adjustments to the major General Fund Revenues and Expenditures in the Fiscal Year 2022-23 Annual Operating Budget. . (Funding Source: General Fund)
 Resolution accepting the Informational Fiscal Year 2022-23 General Fund MidYear Update Report and approving the recommended budget adjustments to the major General Fund Revenues and Expenditures in the Fiscal Year 2022-23 Annual Operating Budget.

BUDGET; Steve Christensen, 209-577-5390, [email protected] ACTION: (Bavaro/Wright; 7/0) Resolution 2023-160 accepting the Informational Fiscal Year 2022-23 General Fund Mid-Year Update Report and approving the recommended budget adjustments to the major General Fund Revenues and Expenditures in the Fiscal Year 2022-23 Annual Operating Budget.

Consent

11. Consider accepting Fiscal Year 2023-24 Engineer’s Annual Report for Landscape Maintenance Assessment District No. 1 for Dry Creek Meadows Subdivisions Nos. 1- 6; Notice of Intention to Levy and Collect Assessments for Landscape Maintenance Assessment District No. 1 for Dry Creek Meadows Subdivisions Nos. 1-6 and setting a Public Hearing on June 27, 2023, to Consider the Fiscal Year 2023-24 Levy and Collection of Assessments Within Landscape Maintenance Assessment District No. 1. (Funding Source: Landscape Maintenance District No. 1)
 Resolution accepting Fiscal Year 2023-24 Engineer’s Annual Report for Landscape Maintenance Assessment District No. 1 for Dry Creek Meadows Subdivisions Nos. 1-6; Notice of Intention to Levy and Collect Assessments for Landscape Maintenance Assessment District No. 1 for Dry Creek Meadows Subdivisions Nos. 1-6 and setting a Public Hearing on June 27, 2023 to Consider the Fiscal Year 2023-24 Levy and Collection of Assessments Within Landscape Maintenance Assessment District No. 1.

CED; Peter Ibrahim, 209-577-5211, [email protected] ACTION: (Bavaro/Wright; 7/0) Resolution 2023-161 accepting Fiscal Year 2023-24 Engineer’s Annual Report for Landscape Maintenance Assessment District No. 1 for Dry Creek Meadows Subdivisions Nos. 1-6; Notice of Intention to Levy and Collect Assessments for Landscape Maintenance Assessment District No. 1 for Dry Creek Meadows Subdivisions Nos. 1-6 and setting a Public Hearing on June 27, 2023 to Consider the Fiscal Year 2023-24 Levy and Collection of Assessments Within Landscape Maintenance Assessment District No. 1.
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Consent

12. Consider accepting the Fiscal Year 2023-24 Engineer’s Annual Report for Landscape Maintenance Assessment District No. 2 for Dry Creek Meadows Subdivisions Nos. 7- 10, Creekwood Meadows Subdivision, and Yosemite Meadows Subdivisions Units 1 and 2; Notice of Intention to Levy and Collect Assessments for Landscape Maintenance Assessment District No. 2 for Dry Creek Meadows Subdivisions Nos. 7- 10, Creekwood Meadows Subdivision, and Yosemite Meadows Subdivisions Units 1 and 2; and setting a Public Hearing on June 27, 2023 to Consider the Fiscal Year 2023- 24 Levy and Collection of Assessments Within Landscape Maintenance Assessment District No. 2. (Funding Source: Landscape Maintenance District No. 2)  Resolution accepting the Fiscal Year 2023-24 Engineer’s Annual Report for Landscape Maintenance Assessment District No. 2 for Dry Creek Meadows Subdivisions Nos. 7-10, Creekwood Meadows Subdivision, and Yosemite Meadows Subdivisions Units 1 and 2; Notice of Intention to Levy and Collect Assessments for Landscape Maintenance Assessment District No. 2 for Dry Creek Meadows Subdivisions Nos. 7-10, Creekwood Meadows Subdivision, and Yosemite Meadows Subdivisions Units 1 and 2; and setting a Public Hearing on June 27, 2023 to Consider the Fiscal Year 2023-24 Levy and Collection of Assessments Within Landscape Maintenance Assessment District No. 2.

CED; Peter Ibrahim, 209-577-5211, [email protected] ACTION: (Bavaro/Wright; 7/0) Resolution 2023-162 accepting the Fiscal Year 2023-24 Engineer’s Annual Report for Landscape Maintenance Assessment District No. 2 for Dry Creek Meadows Subdivisions Nos. 7-10, Creekwood Meadows Subdivision, and Yosemite Meadows Subdivisions Units 1 and 2; Notice of Intention to Levy and Collect Assessments for Landscape Maintenance Assessment District No. 2 for Dry Creek Meadows Subdivisions Nos. 7-10, Creekwood Meadows Subdivision, and Yosemite Meadows Subdivisions Units 1 and 2; and setting a Public Hearing on June 27, 2023 to Consider the Fiscal Year 2023-24 Levy and Collection of Assessments Within Landscape Maintenance Assessment District No. 2.

Consent

13. Consider accepting the Fiscal Year 2023-24 Engineer’s Annual Report for the Shackelford Landscape and Lighting District; Notice of Intention to Levy and Collect Assessments for the Shackelford Landscape and Lighting District; and setting a Public Hearing on June 27, 2023, to Consider the Fiscal Year 2023-24 Levy and Collection of Assessments Within the Shackelford Landscape and Lighting District. (Funding Source: Shackelford Landscape and Lighting District)
 Resolution approving the Fiscal Year 2023-24 Engineer’s Annual Report for the Shackelford Landscape and Lighting District; Notice of Intention to Levy and Collect Assessments for the Shackelford Landscape and Lighting District; and setting a Public Hearing on June 27, 2023 to Consider the Fiscal Year 2023-24 Levy and Collection of Assessments Within the Shackelford Landscape and Lighting District.
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CED; Peter Ibrahim, 209-577-5211, [email protected] ACTION: (Bavaro/Wright; 7/0) Resolution 2023-163 approving the Fiscal Year 2023-24 Engineer’s Annual Report for the Shackelford Landscape and Lighting District; Notice of Intention to Levy and Collect Assessments for the Shackelford Landscape and Lighting District; and setting a Public Hearing on June 27, 2023 to Consider the Fiscal Year 2023-24 Levy and Collection of Assessments Within the Shackelford Landscape and Lighting District.

Consent

14. Consider approving a Revolving Loan Fund Program for Capital Facilities Fees, Water Connection and/or Wastewater Capacity Fees; and a Downtown Revolving Loan Fund Program for Construction Costs and Fees. (Funding Source: American Rescue Plan Act)
 Resolution approving a Revolving Loan Fund Program for Capital Facilities Fees, Water Connection and/or Wastewater Capacity Fees; and a Downtown Revolving Loan Fund Program for Construction Costs and Fees CED; Peter Ibrahim, 209-577-5211, [email protected] ACTION: (Bavaro/Wright; 7/0) Resolution 2023-164 approving a Revolving Loan Fund Program for Capital Facilities Fees, Water Connection and/or Wastewater Capacity Fees; and a Downtown Revolving Loan Fund Program for Construction Costs and Fees
Consent

15. Consider approving the City of Modesto’s Permanent Local Housing Allocation (PLHA) Program Year Three Award. (Funding Source: Permanent Local Housing Allocation Funds)
 Resolution approving the City of Modesto’s Permanent Local Housing Allocation (PLHA) Program Year Three Award, authorizing the City Manager, or his designee, to negotiate and execute any related program agreements, contracts or other documentation required for implementation and acceptance of the Permanent Local Housing Allocation (PLHA) Program, and to take the necessary steps to implement the provision of this Resolution.  Resolution amending the Fiscal Year 2022-2023 Multi-Year Fund Budget to a project for the Fiscal Year 2022-2023 PLHA Program to be funded with Permanent Local Housing Allocation Program Grant and authorizing the City Manager or his designee to take the necessary steps to implement the provisions of this Resolution.

CED; Edgar Garcia, 209-577-5211, [email protected] ACTION: (Bavaro/Wright; 7/0) Resolution 2023-165 approving the City of Modesto’s Permanent Local Housing Allocation (PLHA) Program Year Three Award, authorizing the City Manager, or his designee, to negotiate and execute any related program agreements, contracts or other documentation required for implementation and acceptance of the Permanent Local Housing Allocation (PLHA) Program, and to take #5..
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the necessary steps to implement the provision of this Resolution.

ACTION: (Bavaro/Wright; 7/0) Resolution 2023-166 amending the Fiscal Year 2022-2023 Multi-Year Fund Budget to a project for the Fiscal Year 2022-2023 PLHA Program to be funded with Permanent Local Housing Allocation Program Grant and authorizing the City Manager or his designee to take the necessary steps to implement the provisions of this Resolution.
(Removed from Consent)
Consent

16. Consider approving the Encampment Resolution Funding Program Application. (Funding Source: Encampment Resolution Funding)
 Resolution approving the Encampment Resolution Funding Program Application, and authorizing the City Manager, or his designee, to submit the Encampment Resolution Funding (ERF) Application, and applicable documentation, as required by California Interagency Council on Homelessness (Cal-ICH), and to take the necessary steps to implement the provision of this Resolution.

CED; Edgar Garcia, 209-577-5211, [email protected] ACTION: (Wright/Ricci; 7/0) Resolution 2023-167 approving the Encampment Resolution Funding Program Application, and authorizing the City Manager, or his designee, to submit the Encampment Resolution Funding (ERF) Application, and applicable documentation, as required by California Interagency Council on Homelessness (Cal-ICH), and to take the necessary steps to implement the provision of this Resolution.

Consent

17. Consider authorizing the City Manager, or designee, to negotiate and enter into Agreements to relocate utilities with various Public Utility Companies, including Union Pacific Railroad, AT&T, State Lands Commission, and other Public Agencies as necessary to facilitate the construction of the new 7th Street Bridge over the Tuolumne River. (Funding Source: Capital Facility Fees)
 Resolution authorizing the City Manager, or designee to negotiate and enter into Agreements to relocate utilities with Various Public Utility Companies, including Union Pacific Railroad, AT&T, State Lands Commission, and other Public Agencies as necessary to facilitate the construction of the new 7th Street Bridge over the Tuolumne River.

CED; Toby Wells, 209-571-5542, [email protected]
ACTION: (Bavaro/Wright; 7/0) Resolution 2023-168 authorizing the City Manager, or designee to negotiate and enter into Agreements to relocate utilities with Various Public Utility Companies, including Union Pacific Railroad, AT&T, State Lands Commission, and other Public Agencies as necessary to facilitate the construction of the new 7th Street Bridge over the Tuolumne River.
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Consent

18. Consider adopting the Bylaws for the Measure L Citizens’ Transportation Sales Tax Commission. (Funding Source: Not Applicable)
 Resolution adopting the Bylaws for the Measure L Citizens’ Transportation Sales Tax Commission.

CED; Toby Wells, 209-571-5542, [email protected]
ACTION: (Bavaro/Wright; 7/0) Resolution 2023-169 adopting the Bylaws for the Measure L Citizens’ Transportation Sales Tax Commission.

Consent

19. Consider accepting the Monthly Investment Report for January 2023. (Funding Source:

Various Funds)
 Motion accepting the Monthly Investment Report for January 2023.

FINANCE DEPARTMENT; Calogero Maniscalco, 209-577-5219,
[email protected]
ACTION: (Bavaro/Wright; 7/0) Motion accepting the Monthly Investment Report for January 2023.

Consent

20. Consider approving an Agreement with Elavon, Inc., Atlanta, GA for Merchant Services for an annual estimated amount of $141,965 and a total amount not to exceed $1,135,720 over eight years. (Funding Source: Various Funds)  Resolution approving an Agreement with Elavon, Inc., Atlanta, GA, by utilizing the State of California’s Merchant Service Agreement, for Merchant Services for a four-year Agreement with two two-year extension options, for an annual estimated amount of $141,965 and a total amount not to exceed $1,135,720 over eight years; and authorizing the City Manager, or his designee, to execute the Agreement.

FINANCE DEPARTMENT; Gina Brown, 209-577-5381, [email protected] ACTION: (Bavaro/Wright; 7/0) Resolution 2023-170 approving an Agreement with Elavon, Inc., Atlanta, GA, by utilizing the State of California’s Merchant Service Agreement, for Merchant Services for a four-year Agreement with two two-year extension options, for an annual estimated amount of $141,965 and a total amount not to exceed $1,135,720 over eight years; and authorizing the City Manager, or his designee, to execute the Agreement.

Consent

21. Consider approving a Purchasing Agreement with the California Department of Technology and Crayon Software Experts, LLC of Dallas, TX, for the City’s Microsoft “Enterprise Agreement” (MSEA) and Licensing, for a total amount not to exceed $2,640,392, over thirty-five months. (Funding Source: Information Technology Fund)  Resolution approving a Purchase Agreement with the California Department of Technology and Crayon Software Experts, LLC of Dallas, TX, by utilizing the #5..
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Competitive Bid Process with the California Department of Technology and Riverside County, (Government Agencies who completed the bid) for a total amount not to exceed $2,640,392, over thirty-five months and authorizing the City Manager, or his designee, to execute the Agreement.

IT; Kevin Harless, 209-571-5593, [email protected] ACTION: (Bavaro/Wright; 7/0) Resolution 2023-171 approving a Purchase Agreement with the California Department of Technology and Crayon Software Experts, LLC of Dallas, TX, by utilizing the Competitive Bid Process with the California Department of Technology and Riverside County, (Government Agencies who completed the bid) for a total amount not to exceed $2,640,392, over thirty-five months and authorizing the City Manager, or his designee, to execute the Agreement.

Consent

22. Consider approving a First Amendment to the Annual Agreement with West Coast Arborists, Inc., of Anaheim, CA for the furnishing of On-Call Vegetation Management Services for the Parks, Recreation and Neighborhoods Department for a one-time increase of $350,000 to year two of the Agreement, for a year two total of $600,000, and for a total revised estimated amount not to exceed $1,600,000 over the term of the Agreement. (Funding Source: Tuolumne River Regional Park Operations Fund, Measure H)
 Resolution approving a First Amendment to the Annual Agreement with West Coast Arborists, Inc., of Anaheim, CA for the furnishing of On-Call Vegetation Management Services for the Parks, Recreation and Neighborhoods Department for a one-time increase of $350,000 to year two of the Agreement, for a year two total of $600,000, and for a total revised amount not to exceed $1,600,000 over the term of the Agreement and authorizing the City Manager, or his designee, to execute the Amendment.

PRN; Nathan Houx, 209-571-5526, [email protected]
ACTION: (Bavaro/Wright; 7/0) Resolution 2023-172 approving a First Amendment to the Annual Agreement with West Coast Arborists, Inc., of Anaheim, CA for the furnishing of On-Call Vegetation Management Services for the Parks, Recreation and Neighborhoods Department for a one-time increase of $350,000 to year two of the Agreement, for a year two total of $600,000, and for a total revised amount not to exceed $1,600,000 over the term of the Agreement and authorizing the City Manager, or his designee, to execute the Amendment.

Consent

23. Consider approving the submission of the City’s Local Transportation Funds Fiscal Year 2022-2023 Claim for Non-Motorized and Other Purposes (bike lanes and pedestrian pathways) in the amount of $297,316 to the Stanislaus Council of Governments (StanCOG) to be used for Virginia Corridor Phase VII. (Funding Source:

Local Transportation Funds)
 Resolution approving the submission of the City’s Local Transportation Funds Fiscal Year 2022-2023 Claim for Non-Motorized and Other Purposes (bike #5..
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lanes and pedestrian pathways) in the amount of $297,316 to the Stanislaus Council of Governments (StanCOG) and authorizing the City Manager, or his designee, to take the necessary steps to implement the provisions of this Resolution.
 Resolution amending the Fiscal Year 2022-2023 Capital Improvement Program Budget to fund Project 100813 (Virginia Corridor Phase VII) in an amount not to exceed $666,382 in transfers, revenue, and to budget expenditures to fund the project and authorizing the City Manager or his designee, to implement the provisions of this Resolution.

PRN; Nathan Houx, 209-571-5526, [email protected]
ACTION: (Bavaro/Wright; 7/0) Resolution 2023-173 approving the submission of the City’s Local Transportation Funds Fiscal Year 2022-2023 Claim for NonMotorized and Other Purposes (bike lanes and pedestrian pathways) in the amount of $297,316 to the Stanislaus Council of Governments (StanCOG) and authorizing the City Manager, or his designee, to take the necessary steps to implement the provisions of this Resolution.

ACTION: (Bavaro/Wright; 7/0) Resolution 2023-174 amending the Fiscal Year 2022-2023 Capital Improvement Program Budget to fund Project 100813 (Virginia Corridor Phase VII) in an amount not to exceed $666,382 in transfers, revenue, and to budget expenditures to fund the project and authorizing the City Manager or his designee, to implement the provisions of this Resolution.

Consent

24. Consider approving a list of projects to be funded with Road Repair and Accountability Act Tax Proceeds for Fiscal Year 2023-2024. (Funding Source: Senate Bill 1 Funds)  Resolution approving a list of projects to be funded with Road Repair and Accountability Act Tax Proceeds in Fiscal Year 2023-24 in an amount up to $5,834,851.

PUBLIC WORKS; John Sphar, 209-342-2235, [email protected] ACTION: (Bavaro/Wright; 7/0) Resolution 2023-175 approving a list of projects to be funded with Road Repair and Accountability Act Tax Proceeds in Fiscal Year 2023- 24 in an amount up to $5,834,851.

Consent

25. Consider authorizing the submittal of application(s) to CalRecycle for the Organics Grant Program. (Funding Source: Not Applicable)
 Resolution authorizing the submittal of application(s) to the CalRecycle Organics Grant Program, and authorizing the City Manager, or his designee, to sign Grant Applications and related forms.

PUBLIC WORKS; Rosene Salmo, 209-577-5453, [email protected] ACTION: (Bavaro/Wright; 7/0) Resolution 2023-176 authorizing the submittal of application(s) to the CalRecycle Organics Grant Program, and authorizing the City #5..
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Manager, or his designee, to sign Grant Applications and related forms.

Consent

26. Consider authorizing the submittal of application(s) to the Environmental Protection Agency for the Climate Pollution Reduction Grant program. (Funding Source: Not Applicable)
 Resolution authorizing the submittal of application(s) to the Environmental Protection Agency Climate Pollution Reduction Grant Program, and authorizing the City Manager, or his designee, to sign Grant Applications and related forms.

PUBLIC WORKS; Nathan Gorth, 209-577-5453, [email protected] ACTION: (Bavaro/Wright; 7/0) Resolution 2023-177 authorizing the submittal of application(s) to the Environmental Protection Agency Climate Pollution Reduction Grant Program, and authorizing the City Manager, or his designee, to sign Grant Applications and related forms.

Consent

27. Consider approving the Plans and Specifications for the Grayson Community Strengthen & Replace Water Mains Project; accepting the Bid and Awarding a Construction Contract to D.A. Wood Construction, Inc., of Oakdale, CA, for a total amount not to exceed $2,966,217. (Funding Source: Water Fund)  Resolution approving Plans and Specifications for the Grayson Community Strengthen & Replace Water Mains Project, accepting the Bid, and approving a Construction Contract with D.A. Wood Construction, Inc., of Oakdale, CA, in the amount of $2,696,561, plus $269,656 in contingency (if needed), for a total amount not to exceed $2,966,217 and authorizing the City Manager, or his designee, to execute the Contract.
 Resolution authorizing an increase in the Director’s Authority to issue Change Orders for the Grayson Community Strengthen & Replace Water Mains Project from 8% ($215,725) to 10% ($269,656) of the Construction Contract amount of $2,696,561 with D.A. Wood Construction, Inc., of Oakdale, CA.  Resolution amending the Fiscal Year 2022-23 Capital Improvement Program Budget in the amount of $1,163,000 to be transferred into the Project from Water Fund Reserves in order to fund the Construction Phase of the Grayson Community Strengthen & Replace Water Mains Project.

UTILITIES; Edgar Vargas, 209-577-5424, [email protected] ACTION: (Bavaro/Wright; 7/0) Resolution 2023-178 approving Plans and Specifications for the Grayson Community Strengthen & Replace Water Mains Project, accepting the Bid, and approving a Construction Contract with D.A. Wood Construction, Inc., of Oakdale, CA, in the amount of $2,696,561, plus $269,656 in contingency (if needed), for a total amount not to exceed $2,966,217 and authorizing the City Manager, or his designee, to execute the Contract.

ACTION: (Bavaro/Wright; 7/0) Resolution 2023-179 authorizing an increase in the #5..
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Director’s Authority to issue Change Orders for the Grayson Community Strengthen & Replace Water Mains Project from 8% ($215,725) to 10% ($269,656) of the Construction Contract amount of $2,696,561 with D.A. Wood Construction, Inc., of Oakdale, CA.

ACTION: (Bavaro/Wright; 7/0) Resolution 2023-180 amending the Fiscal Year 2022-23 Capital Improvement Program Budget in the amount of $1,163,000 to be transferred into the Project from Water Fund Reserves in order to fund the Construction Phase of the Grayson Community Strengthen & Replace Water Mains Project.

Consent

28. Consider accepting the Department of Water Resources 2021 Urban and Multibenefit Drought Relief Grant Program Award of $1,000,000 for the Well 312 Treatment System & Flush Line Project; authorizing the City Manager, or his designee, to enter into a Local Project Sponsor Agreement with Contra Costa Water District and execute all grant-related documents. (Funding Source: Water Fund)  Resolution accepting the Department of Water Resources 2021 Urban and Multibenefit Drought Relief Grant Program Award of $1,000,000 for the Well 312 Treatment System and Flush Line Project; authorizing the City Manager, or his designee, to enter into a Local Project Sponsor Agreement with Contra Costa Water District and to execute all grant-related documents and authorizing the Director of Finance to be the signatory of Grant Invoice Forms during requests for reimbursements.
 Resolution amending the Fiscal Year 2022-23 Capital Improvement Program Budget in the amount of $1,306,000 in order to accept a Grant Award from the Department of Water Resources and fund the Well 312 Treatment System and Flush Line Project.

UTILITIES; Edgar Vargas, 209-577-5424, [email protected] ACTION: (Bavaro/Wright; 7/0) Resolution 2023-181 accepting the Department of Water Resources 2021 Urban and Multibenefit Drought Relief Grant Program Award of $1,000,000 for the Well 312 Treatment System and Flush Line Project; authorizing the City Manager, or his designee, to enter into a Local Project Sponsor Agreement with Contra Costa Water District and to execute all grant-related documents and authorizing the Director of Finance to be the signatory of Grant Invoice Forms during requests for reimbursements.

ACTION: (Bavaro/Wright; 7/0) Resolution 2023-182 amending the Fiscal Year 2022-23 Capital Improvement Program Budget in the amount of $1,306,000 in order to accept a Grant Award from the Department of Water Resources and fund the Well 312 Treatment System and Flush Line Project.

Consent

29. Consider approving three On-Call Agreements for Materials Testing and Special Inspection Services, with Krazan & Associates, Inc., BSK Associates, and Terracon #5..
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Consultants, Inc., for a one-year Agreement with two one-year extension options, for an annual amount not to exceed $74,500 per consultant, and a total amount not to exceed $223,500 per consultant over three years. (Funding Source: Various Capital Improvement Program Projects)
 Resolution approving an On-Call Agreement with Krazan & Associates, Inc., for Materials Testing and Special Inspection Services, for a one-year Agreement with two one-year extension options, for an annual amount not to exceed $74,500, and a total amount not to exceed $223,500 over three years and authorizing the City Manager or his designee to execute the Agreement.  Resolution approving an On-Call Agreement with BSK Associates, for Materials Testing and Special Inspection Services, for a one-year Agreement with two one-year extension options, for an annual amount not to exceed $74,500, and a total amount not to exceed $223,500 over three years and authorizing the City Manager or his designee to execute the Agreement.  Resolution approving an On-Call Agreement with Terracon Consultants Inc., for Materials Testing and Special Inspection Services, for a one-year Agreement with two one-year extension options, for an annual amount not to exceed $74,500, and a total amount not to exceed $223,500 over three years and authorizing the City Manager or his designee to execute the Agreement.

UTILITIES; Peter Kambel, 209-577-5444, [email protected] ACTION: (Bavaro/Wright; 7/0) Resolution 2023-183 approving an On-Call Agreement with Krazan & Associates, Inc., for Materials Testing and Special Inspection Services, for a one-year Agreement with two one-year extension options, for an annual amount not to exceed $74,500, and a total amount not to exceed $223,500 over three years and authorizing the City Manager or his designee to execute the Agreement.

ACTION: (Bavaro/Wright; 7/0) Resolution 2023-184 approving an On-Call Agreement with BSK Associates, for Materials Testing and Special Inspection Services, for a one-year Agreement with two one-year extension options, for an annual amount not to exceed $74,500, and a total amount not to exceed $223,500 over three years and authorizing the City Manager or his designee to execute the Agreement.

ACTION: (Bavaro/Wright; 7/0) Resolution 2023-185 approving an On-Call Agreement with Terracon Consultants Inc., for Materials Testing and Special Inspection Services, for a one-year Agreement with two one-year extension options, for an annual amount not to exceed $74,500, and a total amount not to exceed $223,500 over three years and authorizing the City Manager or his designee to execute the Agreement.

Consent

30. Consider approving a First Amendment to the Agreement with National Plant Services, Inc., of Hayward, CA, for Pipe Inspection and Assessment Services for the River Trunk Inspection and Assessment Project for a revised Agreement total not to exceed $510,300. (Funding Source: Wastewater Fund)
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 Resolution approving a First Amendment to the Agreement with National Plant Services, Inc., Hayward, CA, for Pipe Inspection and Assessment Services for the River Trunk Inspection and Assessment Project in the amount of $331,000, for an Agreement total not to exceed $510,300; and authorizing the City Manager, or his designee, to execute the Amendment.
 Resolution amending the Fiscal Year 2022/23 Multi-Year Program Budget in the amount of $331,000 to be transferred into the project from Wastewater Fund Reserves in order to fund the River Trunk Inspection and Assessment Project.

UTILITIES; Robert Englent, 209-577-6222, [email protected] ACTION: (Bavaro/Wright; 7/0) Resolution 2023-186 approving a First Amendment to the Agreement with National Plant Services, Inc., Hayward, CA, for Pipe Inspection and Assessment Services for the River Trunk Inspection and Assessment Project in the amount of $331,000, for an Agreement total not to exceed $510,300; and authorizing the City Manager, or his designee, to execute the Amendment.

ACTION: (Bavaro/Wright; 7/0) Resolution 2023-187 amending the Fiscal Year 2022/23 Multi-Year Program Budget in the amount of $331,000 to be transferred into the project from Wastewater Fund Reserves in order to fund the River Trunk Inspection and Assessment Project.

COUNCIL COMMENTS & REPORTS
Councilmember Escutia-Braaton reported that she along with many of her colleagues attended the celebration of life today for Fire Captain Doug McCullough. It was a lovely ceremony, Captain McCullough served 34 years in the fire service, which is a lifetime of honorable service.

He leaves behind hundreds of community members that were there to pay their respects and say goodbye to one of Modesto’s finest. She also reported on the recent meetings held by the Appointments Committee. She reported that she along with Councilmembers Ricci and Williams conducted the first round of interviews for the Community Police Review Board applicants. She explained the process and the next steps. Lastly, she reported she will be absent from the first two Council meetings in May. Every year, she and her husband participate in an out of the country medical mission.

Councilmember Bavaro reported that last week, he had the opportunity to meet with some of the leaders of the cruising culture for coffee and a discussion about cruising. The ordinance was approved 30 years ago by the Council outlawing cruising within the city limits due to traffic problems and crime related cruising events. Today's cruising culture is neighbors and colleagues at work. They are friends, people you would go to church with and taxpayers. He knows they are working with the Police Chief and hopefully will be able to remove the ban on cruising. It's his understanding that safety and strategic planning issues are being worked out. It has nothing to do with the character and the integrity of the cruisers themselves. He is in support of lifting the ban.
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Councilmember Alvarez reported on a few upcoming community meetings related to housing and urban development. The Stanislaus Homeless Alliance will meet on April 12th at 5:30 pm in the Council Chambers. Modesto Neighborhood, Incorporated will meet on April 18th at 12:00 pm, Crosspoint Park Place Building. The Citizen Housing and Community Development Committee will meet on April 20th at City Hall. Stanislaus Community Systems of Care will meet on April 30th at 3800 Cornucopia Way, and on May 1st Airport Neighborhood collaborative will be meeting. You can find more information on those meetings and dates and times on the City’s website. He also reported on housing and roads.

Vice Mayor Ricci commented that he concurs with his fellow councilmembers that it was an incredible service today for Captain Doug McCullough. Captain McCullough served the community for 34 years. He also commented that he is hopeful that they can come to a conclusion on the cruising ban. So many good people come and speak to them every week. That is what government is all about, discussing issues and trying to come to joint solutions. He also reported that in two weeks the City is going to have a visit from the Mayors of the City’s sister city Ukraine. He knows many are aware of the conflict in Ukraine and how heartbreaking it is.

It's hard to imagine that Modesto has a sister city that has to deal with raids, sirens every day and missile attacks nearly every week. It will be a real honor to host them and looks forward to hearing their stories. He also reported on the Graceda Park restrooms and is encouraged that the Parks and Recreation Department is developing solutions for maintaining the restrooms. He also wanted to thank the applicants that applied to serve on the Civilian Police Review Board.

Councilmember Williams stated that most of the comments have already been said. He reported on the Appointments Committee meeting held this morning regarding the Police Oversight Board. He further reported on the number of applicants that applied and the process of the interviews. He also reported that there are many other committees and commissions, not only with the City of Modesto, but with the County as well where citizens can volunteer. Lastly, he wanted to let everyone know that they are starting the appointment process for the Measure H Oversight Committee. There are many good things happening in Modesto and asked that the public please feel as though they can be a part of it.

Mayor Zwahlen reported that she also attended the services of Fire Captain Doug McCullough.

She commented on the service and the incredible speech his 14-year-old daughter gave. It was the most incredible speech in honor of her father.

CITY MANAGER COMMENTS & REPORTS
None.

Recessed: 6:51 pm
Reconvened: 6:57 pm

NEW BUSINESS

31. Consider approving the Purchase and Agreements for the Cybersecurity Attack Responses for an amount of $548,266 plus 7% contingency in the amount of $38,379 #5..
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4/11/2023 5:30:00 PM
for a total amount not to exceed $586,645 and approving Agreements with Security Tool Vendors in an amount of $462,210 plus 7% contingency in the amount of $34,790 for a total amount not to exceed $497,000. (Funding Source: City Insurance Fund and Information Technology Fund)
 Resolution approving the Purchase and Agreements for the Cybersecurity Attack Responses for an amount of $548,266 plus 7% contingency in the amount of $38,379 for a total amount not to exceed $586,645 and authorizing the City Manager, or his designee, to execute these Agreements.  Resolution approving the Agreements with Security Tool Vendors in an amount of $462,210 plus 7% contingency in the amount of $34,790 for a total amount not to exceed $497,000 and authorizing the City Manager, or his designee, to execute these Agreements.

IT; Scott Conn, 209-577-5229, [email protected]
ACTION: (Williams/Wright; 7/0) Resolution 2023-188 approving the Purchase and Agreements for the Cybersecurity Attack Responses for an amount of $548,266 plus 7% contingency in the amount of $38,379 for a total amount not to exceed $586,645 and authorizing the City Manager, or his designee, to execute these Agreements.

ACTION: (Williams/Wright; 7/0) Resolution 2023-189 approving the Agreements with Security Tool Vendors in an amount of $462,210 plus 7% contingency in the amount of $34,790 for a total amount not to exceed $497,000 and authorizing the City Manager, or his designee, to execute these Agreements.

32. Consider approving a three-year extension of the irrevocable direct pay Letter of Credit (LOC) with BMO Harris Bank N.A. (formerly Bank of the West) supporting the Lease Revenue Bonds, Series 2008 (Bonds) authorizing the distribution of a Supplemental Official Statement, and authorizing certain other related actions to complete the threeyear extension to the Lease Revenue Bonds LOC. (Funding Source: General Fund, Redevelopment Successor Agency and Various Funds)
 Resolution of the City Council of the City of Modesto relating to Modesto Public Financing Authority Lease Revenue Refunding Bonds Series 2008; approving Amendment No. 1 to Reimbursement Agreement among BMO Harris Bank N.A., City of Modesto and Modesto Public Financing Authority; Amendment No. 1 to Fee Letter Agreement; and a supplement to Official Statement; and authorizing certain other related actions.

FINANCE DEPARTMENT; DeAnna Christensen, 209-577-5387,
[email protected]
ACTION: (Bavaro/Alvarez; 7/0) Resolution 2023-190 of the City Council of the City of Modesto relating to Modesto Public Financing Authority Lease Revenue Refunding Bonds Series 2008; approving Amendment No. 1 to Reimbursement Agreement among BMO Harris Bank N.A., City of Modesto and Modesto Public Financing Authority; Amendment No. 1 to Fee Letter Agreement; and a supplement to Official Statement; and authorizing certain other related actions. #5..
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33. Consider approving a three-year Standby Certificate Purchase Agreement (SCPA) with BMO Harris Bank N.A. (formerly Bank of the West) supporting the Water Refunding Revenue Certificates of Participation, Series 2008A (Water Bonds) authorizing certain other related actions to substitute the Agreement for the existing Letter of Credit (LOC). (Funding Source: Water Fund)
 Resolution of the City Council of the City of Modesto relating to Water Refunding Revenue Certificates of Participation, 2008 Series A; approving the forms of and authorizing the execution and delivery of a Standby Certificate Purchase Agreement and a Fee Letter with BMO Harris Bank N.A. (successor in interest to Bank of the West); approving the form of and authorizing the distribution of a remarketing memorandum in connection therewith; and authorizing certain other related actions.

FINANCE DEPARTMENT; DeAnna Christensen, 209-577-5387,
[email protected]
ACTION: (Wright/Escutia-Braaton; 7/0) Resolution 2023-191 of the City Council of the City of Modesto relating to Water Refunding Revenue Certificates of Participation, 2008 Series A; approving the forms of and authorizing the execution and delivery of a Standby Certificate Purchase Agreement and a Fee Letter with BMO Harris Bank N.A. (successor in interest to Bank of the West); approving the form of and authorizing the distribution of a remarketing memorandum in connection therewith; and authorizing certain other related actions.

34. Consider approving the Purchase of the Modesto Police Department Patrol Vehicles and a Modesto Fire Department Boat with Trailer replacement and authorizing the City Manager or his designee to issue the Purchase Orders. (Funding Source: General Fund and Fleet Replacement Fund)
 Resolution approving the Purchase of Modesto Police Department Patrol Vehicles and Modesto Fire Department Boat with Trailer replacements under Exhibit A and authorizing the City Manager or his designee to issue the Purchase Orders.

FINANCE DEPARTMENT; Dianne Love, 209-571-5164, [email protected] ACTION: (Wright/Escutia-Braaton; 7/0) Resolution 2023-192 approving the Purchase of Modesto Police Department Patrol Vehicles and Modesto Fire Department Boat with Trailer replacements under Exhibit A and authorizing the City Manager or his designee to issue the Purchase Orders.

35. Discussion of the use of American Rescue Plan Act (ARPA) funds to provide funding for Hazard Pay to retirees and possible direction from Council (Funding Source: ARPA funds)
 There is no staff recommendation associated with this item.

HUMAN RESOURCES; Christina Alger, 209-571-5126, [email protected] ACTION: (Bavaro/Ricci; 6/1; Williams No)
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MATTERS TOO LATE FOR THE AGENDA
None.

ADJOURNMENT
This meeting adjourned at 8:14 pm
All Closed Session Matters heard prior to meeting.

CLOSED SESSION
CONFERENCE WITH LEGAL COUNSEL — ANTICIPATED LITIGATION
One Case (Pursuant to Section 54956.9(d)(4) of the Government Code) Case Name: Potential Litigation Related to National Opiate Litigation U.S.D.C. Eastern District of California,
Case No. 218-cv-001135 and U.S.D.C., Northern District of Ohio, MDL No. 2804, Case No. 17-MD-2804
Attest:____________________________
Diane Nayares-Perez, City Clerk
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CITY OF MODESTO

COUNCIL AGENDA REPORT
DATE OF MEETING:

May 2, 2023
Date: April 18, 2023
TO: Mayor and City Council
FROM: Joseph P. Lopez, City Manager
SUBJECT: Monthly Budget Adjustment Report – April 2023
CONTACT: Steve Christensen, Budget Manager, [email protected] 209-577-5390
DESCRIPTION:

Consider approving the recommended Budget adjustments to Fiscal Year 2022-23 Annual Operating and Capital Improvement Program Budgets. (Funding Source: Various Funds)
STRATEGIC PLAN ELEMENT:

This item supports the City of Modesto 2020-2025 Strategic Plan focus on Governance and Service Delivery under Goal H: Achieve Financial Sustainability.

BACKGROUND:

Each month City staff presents a variety of budget adjustments requiring the approval of Council. These changes are submitted to the Finance Committee for review prior to submission to Council and include an explanation and justification for each transaction.

This report includes a number of adjustments that have been identified by monitoring department budgets. Due to the number of adjustments, they have been included as an attachment to this report (Exhibit A). As in past reports, adjustments are separated by fund and department as appropriate. The adjustments are reflected in a more summarized version and supporting documentation is available for review upon request.

Also included in this report as an attachment (Exhibit B) is a summary of the budget adjustments approved by the City Manager and/or Budget Manager consistent with the change in authority levels that was approved by Council with the passing of the Fiscal Year 2019-20 Operating Budget via Resolution No. 2019-305.

DISCUSSION:

The monthly budget adjustments attached as Exhibit A in this item include adjustments across various departments. These adjustments are explained in further detail within Exhibit A. #6..
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City Council, May 2, 2023
Monthly Budget Adjustment Report – April 2023

FISCAL IMPACT:

The fiscal impact of each item is noted in the attachments to this report. The adjustments are for Fiscal Year 2022-23.

COMMITTEE RECOMMENDATION:

This item was presented to the Finance Committee on April 17, 2023 and was recommended to be forwarded to Council for approval.

RECOMMENDED COUNCIL ACTION:

Staff Recommendations:

Resolution amending Fiscal Year 2022-23 Annual Operating and Capital Improvement Project Fund Budgets and authorizing the City Manager, to take the necessary steps to implement the provisions of this Resolution.

Approved by:

Joseph P. Lopez, City Manager
Attachments:

1. Resolution

2. Exhibit A – Budget Adjustments Requiring Council Approval

3. Exhibit B - Staff Approved Budget Adjustments
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05/02/2023/Budget/SChristensen/Item XX 1 2023-XX

MODESTO CITY COUNCIL
RESOLUTION NO. 2023-
RESOLUTION AMENDING THE FISCAL YEAR 2022-23 ANNUAL

OPERATING AND CAPITAL IMPROVEMENT FUND BUDGETS AND

AUTHORIZING THE CITY MANAGER, TO TAKE THE NECESSARY STEPS

TO IMPLEMENT THE PROVISIONS OF THIS RESOLUTION
WHEREAS, a financial analysis has been completed and it has been determined that a budget adjustment is required to the Annual and Capital Improvement Budgets of the City of Modesto for Fiscal Year 2022-23.

NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Modesto that it hereby approves amending the Fiscal Year 2022-23 Annual Operating and Capital Improvement budget as shown in Exhibit A, which is attached hereto and incorporated by reference herein.

BE IT FURTHER RESOLVED that the City Manager, or his designee, is hereby authorized to take the necessary steps to implement the provisions of this resolution. #6..
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05/02/2023/Budget/SChristensen/Item XX 2 2023-XX
The foregoing resolution was introduced at a regular meeting of the Council of the City of Modesto held on the 2nd day of May 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 votes:

AYES: Councilmembers:

NOES: Councilmembers:

ABSENT: Councilmembers:

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

BY: _____________________________________
JOSE M. SANCHEZ, City Attorney
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City Council, May 2, 2023
Monthly Budget Adjustment Report

EXHIBIT A
FISCAL YEAR 2022-23

COMMUNITY AND ECONOMIC DEVELOPMENT
 A budget adjustment is necessary to increase the expense and revenue budgets for project 101343 – HOME FY2021-22 Allocation by $175,000. This project is funded by HUD HOME Investment Partnership Grant, and this allocation is from prior program years that have not yet been utilized. There is no impact to the General Fund.  A budget adjustment is needed to budget a transfer in the amount of $125,000 from Fund 1155 – Revolving Loan Fund (RLF) to Fund 1130 – Community Development Block Grants (CDBG) to fund expenses funded by RLF. This amount varies each year based on the amount of revenue that is receipted to the RLF fund.  A budget adjustment in the amount of $350,000 is necessary to increase the expense budget for the Go-Biz Cannabis Equity project (101328) and recognize the total grant revenue of $425,000 of which $75,000 was previously received to complete the cannabis equity assessment and develop the cannabis equity program. The revenue was received, but not recognized on the revenue budget for the project. The new grant funding in the amount of $350,000 is an award from the Governor’s Office of Business and Economic Development (Go-Biz) to provide assistance to local cannabis equity applicants and licensees. This item was approved by Council on 3/14/2022 via resolution 2023-110, however the approval did not include a fiscal resolution to amend the budget.  A budget adjustment in the amount of $2,000,000 is needed in the Capital Grants – Streets CIP Projects Fund (3160) for Project 101269 – Pelandale Ave. Pavement Rehabilitation. The project recently received an updated E-76 for construction grant funds from the Department of Transportation (CalTrans) on March 3, 2023. The adjustment will recognize the grant revenue and increase the projects discretionary expenditure accounts.

FINANCE DEPARTMENT
 A budget adjustment in the amount of $692,867 is necessary in the Inventory Purchase Fund (5110) to recognize revenues received from sales of inventory for the Litt Stores Location, and increase the budget for cost of goods sold due to an increase in Water register replacements. Failure rates of the registers are occurring quickly due to their ending life span.
 A budget adjustment of $779,440 is necessary to reduce the revenue and expense budget of 5110 Inventory Purchase Fund for the Jefferson Store location (12540). The budget estimates original calculated for the Jefferson Stores location included an overestimation of Wastewater parts due to projects anticipated during this fiscal year. #6..
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City Council, May 2, 2023
Monthly Budget Adjustment Report

POLICE DEPARTMENT
 A budget adjustment in the amount of $127,779 is needed in the Police – Grants Fund (1342) for Project 101483 – 2023 Board State and Community Corrections Officer Wellness to recognize revenue received from the State of California in relation to AB 178 and allocated to the project discretionary expense budget.

PUBLIC WORKS
 A budget adjustment in the amount of $81,000 is needed in the Grants - Operation Grants Reimbursed Fund (1341) for project 101357 – CoM Rideshare Program. This project utilizes multiple California Department of Transportation Rideshare Program grants that were retained by the City after the Transit division broke off to form the Stanislaus Regional Transit Authority (StanRTA). This budget adjustment will accommodate new funding received under Rideshare Program grant CMLNI-5059(256).

Under resolution 2021-360. City Council approved the Amendment to Grant Management Services with StanRTA that allows the City to pass through these grant funds for eligible expenses incurred by StanRTA and this adjustment will ensure the budget appropriation is in place to expend these funds. #6..
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Department Director/Budget Manager/City Manager Approved Budget Adjustments EXHIBIT B For FY2022/23
AT #
Approv
ed by
CM,
BM or
DD Fund Fund Name Cost Ctr/Project Name Account Name
Rev/E
xp/TI/
TO
Acco
unt Current Budget
Increase
(Decrease)
Revised
Budget Description
AT-127 BM 0100 General Fund AUD - City Auditor Budget Only - Salary Adjustment - Decrease Exp $ - (7,000) $ $ (7,000)
AT-127 BM 0100 General Fund AUD - City Auditor Budget Only - Benefit Adjustment - Decrease Exp $ - (3,000) $ $ (3,000)
AT-127 BM 0100 General Fund CCM - City Council of Modesto Business Expenses Exp $ 13,500 10,000 $ $ 23,500 AT-128 CM 0100 General Fund 19320 - MPD - Field Operations Budget Only - Salary Adjustment - Decrease Exp $ (749,036) (138,000) $ $ (887,036)
AT-128 CM 0100 General Fund 19320 - MPD - Field Operations Budget Only - Benefit Adjustment - Decrease Exp $ (400,708) (92,000) $ $ (492,708) AT-128 CM 0100 General Fund 02010 - CMO - City Manager's Office Professional Services Exp $ 93,139 230,000 $ $ 323,139 AT-131 BM 0100 General Fund 33320 - PRN - Maddox Youth
Center Salaries and Wages - Part-Time Exp $ 138,168 (24,000) $ $ 114,168 AT-131 BM 0100 General Fund 33320 - PRN - Maddox Youth
Center Transfer Out to Fund 1380 TO $ - 24,000 $ $ 24,000 AT-132 BM 0100 General Fund 33030 - Recreation Operations Professional Services Exp $ 46,217 (24,000) $ $ 22,217 AT-132 BM 0100 General Fund 33030 - Recreation Operations Transfer Out to Fund 1380 TO $ - 24,000 $ $ 24,000 AT-137 BM 0100 General Fund 34110 - PRN - Historical
Properties Salaries and Wages - Part-Time Exp $ 77,683 (24,000) $ $ 53,683 AT-137 BM 0100 General Fund 34110 - PRN - Historical
Properties Transfer Out to Fund 1380 TO $ - 24,000 $ $ 24,000 AT-139 DD 0100 General Fund CED - Neighborhood
Preservation
Budget Only - Salary Adjustment
- Decrease Exp $ - (1,215) $ $ (1,215)
AT-139 DD 0100 General Fund CED - Neighborhood
Preservation
Budget Only - Benefit
Adjustment - Decrease Exp $ - (520) $ $ (520)
AT-139 DD 0100 General Fund CED - Neighborhood
Preservation Training Expenses Exp $ - 1,735 $ $ 1,735
AT-140 BM 0100 General Fund 33030 - Recreation Operations Salaries and Wages - Part-Time Exp $ 138,019 (24,900) $ $ 113,119 AT-140 BM 0100 General Fund 33030 - Recreation Operations Transfer Out to Fund 1390 TO $ - 24,900 $ $ 24,900 Total Changes for Fund 0100 $ (643,018) $ - $ (643,018) AT-136 CM 1130 CDBG Direct Program Grants 14015- CDBG Direct Program Grants
Federal Revenue - Activity
01483 Rev $ 20,000 25,000 $ $ 45,000
AT-136 CM 1130 CDBG Direct Program Grants 14015- CDBG Direct Program Grants
Svcs City Services Activity
01483 Exp $ 20,000 (15,000) $ $ 5,000
AT-136 CM 1130 CDBG Direct Program Grants 14015- CDBG Direct Program Grants Direct Grant Activity 01483 Exp $ - 40,000 $ $ 40,000 Total Changes for Fund 1130 $ 40,000 $ 50,000 $ 90,000
AT-134 BM 1180 Emergency Shelter Grants 101410 - FY 21-22 Allocation Activity 01451 - Federal Revenue Rev $ 21,961 (15,380) $ $ 6,581
AT-134 BM 1180 Emergency Shelter Grants 101410 - FY 21-22 Allocation Activity 01452 - Federal Revenue Rev $ 95,000 (5,000) $ $ 90,000
AT-134 BM 1180 Emergency Shelter Grants 101410 - FY 21-22 Allocation Activity 01453 - Federal Revenue Rev $ - 18,538 $ $ 18,538
AT-134 BM 1180 Emergency Shelter Grants 101410 - FY 21-22 Allocation Activity 01452 - AD HEART Outreach Exp $ 2,225 (2,225) $ $ -
AT-134 BM 1180 Emergency Shelter Grants 101410 - FY 21-22 Allocation Activity 01451 - HMIS FY22-23 AUC Exp $ 6,108 473 $ $ 6,581
A budget adjustment is necessary in the amount of $24,000 to replace the fence at McClatchy Park. The adjustment is being funded by a reduction of $24,000 of the part-time staffing budget in cost center 34110 and project 101479 is being increased via a transfer of funds from the General Fund to the project.

A budget adjustment of $10,000 is necessary to move salary savings from the vacant City Auditor position to the City Council Business Expense account for unbudgeted expenses related to City of Modesto Team Building and Goal Setting workshops.

A budget adjustment is necessary to move salary savings from the Police Department to the City Manager's Office to cover costs associated with the Measure H ballot measure surveys and mailers, and consultant costs for Forward Together in the Fiscal Year 2022-23 operating budget that were paid from the City Manager's Office budget. This adjustment will move $230,000 to cover these expenditures and those for the remainder of the fiscal year that are paid from the City Manager's Office and will have no net impact to the overall General Fund budget.

A budget adjustment is necessary to reduce the operating budget in cost center 33320 and increase the expenditure budget for Project 101465 and establish a transfer from Fund 0100 to the project. The project is being created to complete necessary improvements and repairs at the Maddux Youth Center facility.

A budget adjustment is necessary to reduce the operating budget in cost center 33030 and increase the expenditure budget for Project 101351 and establish a transfer from Fund 0100 to the project. The project is being created to complete necessary improvements and repairs at various recreation facilities.

To account for additional training expenditures needed for staff to receive the proper certification from the California Association of Code Enforcement Officers (CACEO).

A budget adjustment is necessary for the replacement of the Graceada Pool Fence.

The increase is for $24,900 to the project and is being offset by a decrease in the part-time staffing budget in cost center 33030 and will be completed via a transfer from the General Fund to the project.

A budget adjustment is necessary to reallocate funds in the project between tasks.

These ESG funds have been released and reassigned in HUD, and will need to be moved in order to meet contract obligations. No impact to the general fund.

A budget adjustment is necessary to allocate these funds for the rehabilitation of City owned property at 308 Locust, which is leased to STANCO, in an amount not to exceed $45,000 total. the property will need exterior lead based paint abatement, building repair and replacement of any dry rot and repainting of building. #6..
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Department Director/Budget Manager/City Manager Approved Budget Adjustments EXHIBIT B For FY2022/23
AT #
Approv
ed by
CM,
BM or
DD Fund Fund Name Cost Ctr/Project Name Account Name
Rev/E
xp/TI/
TO
Acco
unt Current Budget
Increase
(Decrease)
Revised
Budget Description
Total Changes for Fund 1180 $ 125,294 $ (3,594) $ 121,700 AT-135 BM 1301 Capital Improvement Support -
Survey Equipment Replacement
42021 - Survey Equipment
Replacement
Tools and Field Supplies
<$5,000 Exp $ - 3,000 $ $ 3,000
A budget adjustment is necessary to establish the budget for replacement of survey equipment for the survey division staff. The equipment will be purchased with reserves in Fund 1301 that are collected specifically for survey equipment through quarterly journals based on projects that utilized surveying services.

Total Changes for Fund 1301 $ - $ 3,000 $ 3,000
AT-123 CM 1341 Grants-Op Grants Reimbursed 101408 -SB1383 Local Assistance Grant AUC-PC Software & Supplies Exp $ 70,000 (32,000) $ $ 38,000 AT-123 CM 1341 Grants-Op Grants Reimbursed 101408 -SB1383 Local Assistance Grant AUC-Professional Services Exp $ 21,437 32,000 $ $ 53,437 Total Changes for Fund 1341 $ 91,437 $ - $ 91,437
AT-130 CM 1342 Grants - Police 101355 - 2021-2022 SLESF Intergov-State-SLESF Revenue Rev $ 313,341 37,907 $ $ 351,248 AT-130 CM 1342 Grants - Police 101355 - 2021-2022 SLESF Interest Revenue to Bank Accounts Rev $ - 909 $ $ 909
AT-130 CM 1342 Grants - Police 101355 - 2021-2022 SLESF Appr. C - 52300 Tools & Field Supplies Exp $ 313,341 38,816 $ $ 352,157
Total Changes for Fund 1342 $ 626,682 $ 77,632 $ 704,314 AT-131 BM 1380 Non-Capital Parks Fund (NonGrant) 101465 - MYC Improvements Transfer In from Fund 0100 TI $ - 24,000 $ $ 24,000 AT-131 BM 1380 Non-Capital Parks Fund (NonGrant) 101465 - MYC Improvements Business Expenses Exp $ - 24,000 $ $ 24,000 AT-132 BM 1380 Non-Capital Parks Fund (NonGrant)
101351 - Recreation Facility
Improvements Transfer In from Fund 0100 TI $ - 24,000 $ $ 24,000 AT-132 BM 1380 Non-Capital Parks Fund (NonGrant)
101351 - Recreation Facility
Improvements Business Expenses Exp $ - 24,000 $ $ 24,000 AT-137 BM 1380 Non-Capital Parks Fund (NonGrant)
101479 - Improvements to
Historical Properties Transfer In from Fund 0100 TI $ - 24,000 $ $ 24,000 AT-137 BM 1380 Non-Capital Parks Fund (NonGrant)
101479 - Improvements to
Historical Properties Business Expenses Exp $ - 24,000 $ $ 24,000 Total Changes for Fund 1380 $ - $ 144,000 $ 144,000
AT-125 BM 1850 Disability Access and Education 14250 - CED - Disability Access and Education Training Expenses Exp $ - 7,000 $ $ 7,000 A budget adjustment is necessary to increase the Disability Access and Education fund budget to account for training expenses related to training for Certified Access Specialists. The increases expenses will be offset by the fund balance from revenue from AB1379 received annually.

Total Changes for Fund 1850 $ - $ 7,000 $ 7,000
AT-140 BM 1390 American Rescue Grants Fund 101428 - Graceada Park Fence Transfer In from Fund 0100 TI $ - 24,900 $ $ 24,900 AT-140 BM 1390 American Rescue Grants Fund 101428 - Graceada Park Fence Construction Exp $ 90,025 24,900 $ $ 114,925 Total Changes for Fund 1390 $ 90,025 $ 49,800 $ 139,825 AT-126 BM 3160 Capital Grants - Streets CIP
Projects
101119 - SR 132 West
Expressway - CON Contingency - CIP Measure L Exp $ 1,334,190 (98,948) $ $ 1,235,242 AT-126 BM 3160 Capital Grants - Streets CIP
Projects
101119 - SR 132 West
Expressway - CON
Construction Administration -
Dokken Measure L Exp $ 1,911,565 98,948 $ $ 2,010,513
AT-133 BM 3160 Capital Grants - Streets CIP
Projects
101063 - Pelandale Ave. Phase
2 Eng./Design/Admin Exp $ 550,000 (46,558) $ $ 503,442
AT-133 BM 3160 Capital Grants - Streets CIP
Projects
101063 - Pelandale Ave. Phase
2 CC-CA-CFF-Construction
Support EDA Exp $ - 42,249 $ $ 42,249
A budget adjustment is necessary in the amount of $24,000 to replace the fence at McClatchy Park. The adjustment is being funded by a reduction of $24,000 of the part-time staffing budget in cost center 34110 and project 101479 is being increased via a transfer of funds from the General Fund to the project.

A budget adjustment is necessary to reduce the operating budget in cost center 33030 and increase the expenditure budget for Project 101351 and establish a transfer from Fund 0100 to the project. The project is being created to complete necessary improvements and repairs at various recreation facilities.

A budget adjustment is necessary to reallocate funds between tasks on Project 101408. CalRecycle approved leftover funds from PC Software purchase to be reallocated to Professional Services.

A budget adjustment is necessary to reduce the operating budget in cost center 33320 and increase the expenditure budget for Project 101465 and establish a transfer from Fund 0100 to the project. The project is being created to complete necessary improvements and repairs at the Maddux Youth Center facility.

A budget adjustment in the amount of $38,816 is needed to recognize SLESF revenue received and interest received and to program offsetting expenses in a like amount for Tools and Field Supplies.

A budget adjustment is necessary for the replacement of the Graceada Pool Fence.

The increase is for $24,900 to the project and is being offset by a decrease in the part-time staffing budget in cost center 33030 and will be completed via a transfer from the General Fund to the project.

A budget adjustment is necessary to reallocate funds from the CTGY-PROJECTML task to the CA-DOKKENML task. The adjustment is being made to account for the seventh amendment with Dokken Engineering. There are sufficient funds to move between tasks and the funding source is staying the same with Regional Measure L funds.

A budget adjustment is necessary to re-allocate funds in this project to line up with the contract amendment #7 with Dokken Engineering that will go to the City Council on 3/13/2023 for approval.
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Department Director/Budget Manager/City Manager Approved Budget Adjustments EXHIBIT B For FY2022/23
AT #
Approv
ed by
CM,
BM or
DD Fund Fund Name Cost Ctr/Project Name Account Name
Rev/E
xp/TI/
TO
Acco
unt Current Budget
Increase
(Decrease)
Revised
Budget Description
AT-133 BM 3160 Capital Grants - Streets CIP
Projects
101063 - Pelandale Ave. Phase
2 CC-UC-R/W Support Utility
Relocation Exp $ 7,000 4,309 $ $ 11,309
Total Changes for Fund 3160 $ 3,802,755 $ - $ 3,802,755 AT-129 BM 4180 Water Fund - CIP Projects 101080 - Grayson Well 274 (Surface) City Construction Forces Exp $ 25,000 (25,000) $ $ - AT-129 BM 4180 Water Fund - CIP Projects 101080 - Grayson Well 274 (Surface) Contingency - CIP Exp $ 268,380 (25,000) $ $ 243,380 AT-129 BM 4180 Water Fund - CIP Projects 101080 - Grayson Well 274 (Surface) Construction Administration Exp $ 268,380 50,000 $ $ 318,380 Total Changes for Fund 4180 $ 561,760 $ - $ 561,760
AT-124 BM 4210 Wastewater Fund 101468 - Pump Station at Jennings WWTP
EDA -
Engineering/Design/Administrati
on
Exp $ - 25,000 $ $ 25,000 The purpose of this budget adjustment is to establish a initial project budget, project to be fully funded by Council when engineering consultant agreement is awarded.

AT-138 BM 4210 Wastewater Fund 101290 - River Trunk
Realignment Gravity System Eng./Design/Admin Exp $ 275,598 (20,000) $ $ 255,598 AT-138 BM 4210 Wastewater Fund 101290 - River Trunk
Realignment Gravity System City Construction Forces Exp $ - 20,000 $ $ 20,000 Total Changes for Fund 4210 $ 275,598 $ 25,000 $ 300,598 A budget adjustment is necessary to reallocate funds from EDA to CCF in the amount of $20,000.
on 3/13/2023 for approval.

A budget adjustment is necessary to reallocate budget between task lines to cover expenses associated with staff time and consultant services. #6..
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CITY OF MODESTO

COUNCIL AGENDA REPORT
DATE OF MEETING:

May 2, 2023
Date: April 11, 2023
TO: Mayor and City Council
THROUGH: Joseph P. Lopez, City Manager
FROM: Jessica Hill, Interim Director of Community and Economic Development SUBJECT: AECOM Agreement for Briggsmore Avenue at State Route 99 Interchange Improvement Project
CONTACT: Toby Wells, City Engineer, [email protected], 209-571-5542 DESCRIPTION:

Consider approving a Design Services Agreement with AECOM of Sacramento, CA for the Briggsmore Avenue at State Route 99 Interchange Improvement Project in the amount of $6,380,010, plus $638,001 for additional services, if needed, for a total amount not to exceed $7,018,011. (Funding Source: Streets Capital Facility Fee and Regional Measure L Funds) STRATEGIC PLAN ELEMENT:

This action for the Briggsmore Avenue at State Route 99 (SR99) Interchange Improvement Project is consistent with the Council’s 2020-2025 Strategic Plan Goal D, Ensure Safe, Efficient and Reliable Infrastructure. Specifically, this item supports the City’s goal to expand alternative modes of travel, improve transportation flow, and drive economic vitality.

BACKGROUND:

The Briggsmore Avenue at SR99 Interchange Improvement Project Interchange was constructed incrementally in response to changing demands and available funding over time. At this time, deficiencies are such that a complete overhaul is necessary to maintain flows into the future. As such, an analysis must be performed to understand the Traffic Engineering first and then look for ways to make improvements. Staff anticipates that this could result in radical changes to local roadways, with the end result being a net increase in safety and efficiency for movement of goods and services throughout the vicinity of Briggsmore Avenue and SR99.

The initial direction to staff is that the SR99 overcrossing needs to be reconstructed to accommodate 8 lanes of traffic on the SR99 mainline. This work is complicated by the presence of traffic signals at less than ideal spacing in the immediate vicinity of the interchange.

Interchange reconstruction and roadway realignment will be further frustrated by the presence of several big box retail stores North and East of the existing interchange. This interchange also serves as a grade separated crossing of the Union Pacific Railroad and future expansion of the Altamont Corridor Express (ACE) Rail system.
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City Council, May 2, 2023
AECOM Agreement for Briggsmore Avenue at State Route 99 Interchange Improvement Project

On September 1, 2020, by Resolution No. 2020-338, Council approved amending the CIP budget in the amount of $2,847,879 for Project Initiation Document and Project Approval and Environmental Document phases for the Briggsmore Avenue at SR99 Interchange Improvement Project.

On September 1, 2020, by Resolution No. 2020-337, Council approved accepting Regional Surface Transportation Program (RSTP) funds in the amount of $2,298,879 in FY 20/21, and $2,297,953 in FY 21/22 to fund the Project Initiation Document and Project Approval and Environmental Document phases for the Briggsmore Avenue at SR99 Interchange Improvement Project.

On September 1, 2020, by Resolution No. 2020-336, Council approved a Measure L Cooperative Agreement with Stanislaus Council of Governments (StanCOG) funding up to $549,000 of Measure L funds for the Project Initiation Document and Project Approval and Environmental Document phases for the Briggsmore Avenue at SR99 Interchange Improvement Project.

On April 13, 2021, by Resolution No. 2021-127, Council approved a Cooperative Agreement with Caltrans for Project Initiation Document and Project Approval Environmental Document Phases of the Briggsmore Avenue at SR99 Interchange Improvement Project.

DISCUSSION:

The purpose of this project is to reduce traffic congestion, improve regional and interregional traffic operation, and enhance safety on the SR99 highway and within the vicinity of the local transportation network of the Briggsmore Avenue at SR99 Interchange through reconstruction.

StanCOG is the designated Regional Transportation Planning Agency, the designated Metropolitan Planning Organization, and the designated Council of Governments for Stanislaus County. StanCOG has designated the Briggsmore Avenue at SR99 Interchange Improvement Project as a priority project for delivery in Measure L’s first 10 years. As a Measure L regional funding priority, this project is designated to receive up to $14.9M (2019 dollars) of the regional project share of Measure L funds, and StanCOG will reimburse the City of Modesto for identified costs associated with development of this project.

The first project phase is termed the Project Initiation Document (PID) phase. This is the first formal project phase in developing a solution for a specific transportation problem. The outcome of the project initiation process is a document that establishes a well-defined purpose-and-need statement, proposed project scope tied to a reliable cost estimate, and a schedule. Additionally, the use of State funds for capital improvements on the State Highway System (SHS) requires an approved PID. Any major work on the State Highway System regardless of how it is funded requires an approved PID.

The PID is a technical engineering report that documents the scope, cost, and schedule of a project. The PID is the product of the project scoping effort, becomes the record of the purposeand-need for the project, and it defines the approach that will be taken to meet or reduce transportation deficiencies. The PID is a record of the existing information, initial assumptions, identified risks, and constraints that generated the development of the project work plan. The #7..
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City Council, May 2, 2023
AECOM Agreement for Briggsmore Avenue at State Route 99 Interchange Improvement Project

PID is used to obtain approval for inclusion of a project into a programming document or to get conceptual approval by Caltrans as a project-funded-by-others.

Caltrans requires development of a PID prior to approval to begin the environmental project phase or PA&ED. The Project Approval and Environmental Document (PA&ED) phase develops and establishes the State and Federal approvals necessary for the project to move to the final Plans, Specifications and Estimate (PS&E) project phase. Approval of the PID, PA&ED, and PS&E phases are all milestone events that provide the basis for funding of subsequent phases concluding with the construction phase.

Committee approval of the proposed AECOM Design Services Agreement was the first step towards Council approval and then progressing the study and reconstruction of the Briggsmore Avenue at SR99 Interchange Improvement Project.

Following Council approval of the Agreement, staff will engage the PID/PA&ED process with the designer for those specific engineering services with the end result producing an approved Project Report and Environmental Document. When these first Project phases have been completed, staff will again return to Council with a recommendation for funding final design services that are required to produce a constructable set of plans.

On May 20, 2022, Staff solicited proposals to consultants for the Project in compliance with Modesto Municipal Code section 8-3.204(a). The scope of design services includes:
 Project Management
 Project Initiation
 Project Approval and Environmental Document
 Survey/Mapping
 Right of Way Support
 Public Outreach
On August 12, 2022, five consulting firms submitted proposals. These proposals were received and evaluated based on the following qualifications: Project Understanding; Project Approach; Qualified Staffing; Prior Experience; Innovation; and Familiarity with State and Federal Project Compliance. The five submittals were reviewed by a multi-jurisdictional panel comprised of representatives from the City, Stanislaus County, and Caltrans. The proposals were ranked as follows:
1) WMH Corporation, San Jose
2) Kimley-Horn, Sacramento
3) AECOM, Sacramento
4) Michael Baker International, Rancho Cordova
5) TYLIN International, Sacramento
On September 23, 2022, the three top-ranked firms were interviewed with ranking as shown below. This procurement is special in that it provides for the selection of two independent teams who will be tasked with two interchange projects of Standiford Avenue and Briggsmore Avenue.

Final Consultant Ranking
1) WMH Corporation, San Jose
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City Council, May 2, 2023
AECOM Agreement for Briggsmore Avenue at State Route 99 Interchange Improvement Project

2) AECOM, Sacramento
3) Kimley-Horn, Sacramento
The first ranked firm, WMH Corporation, is scheduled for consideration by the City Council on April 4, 2023, for design of the Standiford Avenue at SR99 Interchange Improvement Project.

AECOM is the second ranked firm in the procurement process and recommended to design the Briggsmore Avenue at SR99 Interchange Improvement Project.

AECOM’s initial cost proposal estimate was $5.18 Million. This cost proposal provided staffing resources for a Project that followed a Mitigated Negative Declaration approval with a 33-month duration. Due to the controversial nature of the project, staff recommends anticipating the project will follow a more time intensive path via approval of an EIR/EIS document with a 69- month duration.

After a series of negotiation meetings, City staff and AECOM agreed on a cost proposal of $6,380,010 for the identified scope of work. In addition to the $6.38 Million, staff recommends approval of a contingency budget of up to $638,001 for additional services if needed. Per the contract, the City Manager will have the authority to approve these additional services up to but not to exceed $638,001. Any additional services above the $638,001 would require City Council approval. The City Manager and staff recommend approval of the contract to AECOM Corporation.

In accordance with Modesto Municipal Code 8-3.204(a) Exceptions to Formal Bidding Requirements, this agreement is for professional services and, therefore, exempt from the bid requirement. Staff proceeded through a Request for Proposal (RFP) process pursuant to Administrative Directive 3.1. Staff recommends approval of the agreement with AECOM for the Briggsmore Avenue at SR99 Interchange Improvement Project.

The project schedule will be driven by the review of several regulatory agencies, such as Caltrans, but the approximate keystone milestone dates are as follows:

Current Schedule (approximate): Date:

Project Initiation Document October 2024
PA&ED (Mitigated Negative Declaration) April 2025
PA&ED (EIR/EIS) November 2027
The PS&E and final project schedule will be determined after completion of the PA&ED process.

FISCAL IMPACT:

This Project is not included in the City’s Capital Facilities Fee (CFF) program, therefore other funding sources are necessary to fund the design efforts. The available funding sources are:

Briggsmore Avenue at SR 99 Interchange Improvement Project Measure L Regional Funding - *per the existing cooperative agreement $ 549,000* Regional Surface Transportation Program (RSTP) $5,113,482 Total Funding (PID & PAED) $5,662,482
Staff has initiated the process with StanCOG to allocate an additional $2M from the Measure L regional funding to fully fund the project. The allocation of funding will take several months to #7..
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City Council, May 2, 2023
AECOM Agreement for Briggsmore Avenue at State Route 99 Interchange Improvement Project

obtain StanCOG and City Council approval. Therefore, a provision is included in the agreement and resolution requiring additional City Council approval prior to work commencing on Task 4 of the agreement to ensure adequate funding is available prior to any work on that task item.

Staff anticipates that the Project Initiation Document (PID) and Project Study Report/Project Development Support (PSR/PDS) can be completed in the first 19 months of the Project. The anticipated draw down rate is estimated at approximately $150,000 per month for the first 19 months. This will require approximately $3M of the currently available $5.6 million in project funding to support the PID-PSR/PDS activity.

COMMITTEE RECOMMENDATION:

This item was reviewed by the Economic Development Committee on April 3, 2023.

Subsequently, the Committee approved and recommended forwarding the item to Council for approval.

CEQA/NEPA REQUIREMENTS:

The environmental review of the project will be included in the PA&ED phase of the project.

RECOMMENDED COUNCIL ACTION:

Staff Recommendations:

Resolution approving a Design Services Agreement with AECOM of Sacramento, CA for the Briggsmore Avenue at State Route 99 Interchange Improvement Project in the amount of $6,380,010, plus $638,001 for additional services, if needed, for a total amount not to exceed $7,018,011, and authorizing the City Manager, or his designee to execute the Agreement.

Approved by:

Jessica Hill, Interim Director of CEDD
Joseph P. Lopez, City Manager
Attachments:

1. Resolution

2. AECOM Agreement

3. Appendix A: Required Scope of Work and Deliverables

4. Appendix H: Cost Proposal
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05/02/2023/CEDD/T.Wells 1 2023-

MODESTO CITY COUNCIL
RESOLUTION NO. 2023-

RESOLUTION APPROVING A DESIGN SERVICES AGREEMENT WITH

AECOM OF SACRAMENTO, CA FOR THE BRIGGSMORE AVENUE AT
STATE ROUTE 99 INTERCHANGE IMPROVEMENT PROJECT IN THE
AMOUNT OF $6,380,010, PLUS $638,001 FOR ADDITIONAL SERVICES, IF NEEDED, FOR A TOTAL AMOUNT NOT TO EXCEED $7,018,011, AND

AUTHORIZING THE CITY MANAGER, OR HIS DESIGNEE TO EXECUTE

THE AGREEMENT
WHEREAS, the Briggsmore Avenue at State Route 99 (SR99) Interchange was constructed incrementally in response to changing demands and available funding over time; and
WHEREAS, at this time, deficiencies are such that a complete overhaul is necessary to maintain flows into the future; and
WHEREAS, an analysis must be performed to understand the Traffic Engineering first and then look for ways to make improvements; and
WHEREAS, Staff anticipates that this could result in radical changes to local roadways, with the end result being a net increase in safety and efficiency for movement of goods and services throughout the vicinity of Briggsmore Avenue and SR99; and WHEREAS, the initial direction to staff is that the SR99 overcrossing needs to be reconstructed to accommodate 8 lanes of traffic on the SR99 mainline; and WHEREAS, this work is complicated by the presence of traffic signals at less than ideal spacing in the immediate vicinity of the interchange; and WHEREAS, interchange reconstruction and roadway realignment will be further frustrated by the presence of several big box retail stores North and East of the existing interchange; and
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05/02/2023/CEDD/T.Wells 2 2023-
WHEREAS, this interchange also serves as a grade separated crossing of the Union Pacific Railroad and future expansion of the Altamont Corridor Express (ACE) Rail system; and
WHEREAS, the purpose of this project is to reduce traffic congestion, improve regional and interregional traffic operation, and enhance safety on the SR99 highway and within the vicinity of the local transportation network of the Briggsmore Avenue at SR99 Interchange through reconstruction; and
WHEREAS, on May 20, 2022, Staff solicited proposals to consultants for the Project in compliance with Modesto Municipal Code section 8-3.204(a); and WHEREAS, on August 12, 2022, five consulting firms submitted proposals; and WHEREAS, the five submittals were reviewed by a multi-jurisdictional panel comprised of representatives from the City, Stanislaus County, and Caltrans; and WHEREAS, on September 23, 2022, the three top-ranked firms were interviewed with ranking as shown below:
1) WMH Corporation, San Jose
2) AECOM, Sacramento
3) Kimley-Horn, Sacramento
WHEREAS, the first ranked firm, WMH Corporation, is scheduled for consideration by the City Council on April 4, 2023, for design of the Standiford Avenue at SR99 Interchange Improvement Project; and
WHEREAS, AECOM is the second ranked firm in the procurement process and recommended to design the Briggsmore Avenue at SR99 Interchange Improvement Project; and
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05/02/2023/CEDD/T.Wells 3 2023-
WHEREAS, an additional allocation of funding is required from Stanislaus Council of Governments (StanCOG) to fully fund this project; and WHEREAS, Staff recommends approval of the agreement with AECOM for the Briggsmore Avenue at SR99 Interchange Improvement Project.

NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Modesto that it hereby approves a Design Services Agreement with AECOM of Sacramento, CA for the Briggsmore Avenue at State Route 99 Interchange Improvement Project in the amount of $6,380,010, plus $638,001 for additional services, if needed, for a total amount not to exceed $7,018,011.

BE IT FURTHER RESOLVED, separate City Council approval and issuance of a separate notice to proceed is required before initiation of any work or payment for work items covered in Task item 4 in Appendix H.

BE IT FURTHER RESOLVED, that the City Manager or his designee is hereby authorized to execute the Agreement in a form approved by the City Attorney. #7..
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05/02/2023/CEDD/T.Wells 4 2023-
The foregoing resolution was introduced at a regular meeting of the Council of the City of Modesto held on the 2nd day of May, 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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AECOM Corporation A-1 City of Modesto
Briggsmore Avenue at State Route 99 Interchange Improvement Project

AGREEMENT FOR PROFESSIONAL ENGINEERING SERVICES FOR
BRIGGSMORE AVENUE AT STATE ROUTE 99 INTERCHANGE IMPROVEMENT PROJECT

ARTICLE I RECITALS
A. THIS AGREEMENT, made and entered into in the City of Modesto, State of California, this ____ day of _____, 2023, (“Effective Date”) by and between the CITY OF MODESTO, a municipal corporation of the State of California, hereinafter referred to as "CITY", and AECOM Corporation, hereinafter referred to as "CONSULTANT".
a. For the Administration of this contract, Contract Administrator will be City Project Manager. b. Consultant represents that it is qualified, willing and able to provide the services to prepare said document(s).

B. In the performance of its professional services Consultant will use the degree of care and skill ordinarily exercised performing the same or similar services under similar conditions in similar localities (“Standard of Care”). No other warranties, express or implied, are made or intended. The work to be performed under this AGREEMENT is described in Article III Statement of Work and the approved CONSULTANT’s Cost Proposal dated February 10, 2023. The approved CONSULTANT’s Cost Proposal is attached hereto “APPENDIX H: COST PROPOSAL” and incorporated by reference. If there is any conflict between the approved Cost Proposal and this AGREEMENT, this AGREEMENT shall take precedence.

C. CONSULTANT agrees to the fullest extent permitted by law, to indemnify, protect, defend, and hold harmless CITY, its officers, officials, agents, employees and volunteers from and against any and all claims, damages, demands, liability, costs, losses and expenses, including without limitation, court costs and reasonable attorneys’ and expert witness fees, arising out of any failure to comply with applicable law, any injury to or death of any person(s), damage to property, loss of use of property, economic loss or otherwise arising out of the performance of the work described herein, to the extent caused by a negligent act or negligent failure to act, errors, omissions, recklessness or willful misconduct incident to the performance of this AGREEMENT on the part of CONSULTANT, except such loss or damage which was caused by the sole negligence, or willful misconduct of CITY, as determined by a Court of competent jurisdiction. Consultant agrees to reimburse City its reasonable defense costs caused by Consultant’s negligence not to exceed its proportionate percentage of fault and as awarded by a court or arbitrator of competent jurisdiction.

The provisions of this section shall survive termination or suspension of this AGREEMENT.

D. CONSULTANT in the performance of this AGREEMENT, shall act in an independent capacity. It is understood and agreed that CONSULTANT (including CONSULTANT's employees) is an independent contractor and that no relationship of employer-employee exists between the Parties hereto. CONSULTANT's assigned personnel shall not be entitled to any benefits payable to employees of City.

E. CITY is not required to make any deductions or withholdings from the compensation payable to CONSULTANT under the provisions of the AGREEMENT, and is not required to issue W-2 Forms for income and employment tax purposes for any of CONSULTANT's assigned personnel.

CONSULTANT, in the performance of its obligation hereunder, is only subject to the control or direction of the CITY as to the designation of tasks to be performed and the results to be accomplished.
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AECOM Corporation A-2 City of Modesto
Briggsmore Avenue at State Route 99 Interchange Improvement Project F. Any third party person(s) employed by CONSULTANT shall be entirely and exclusively under the direction, supervision, and control of CONSULTANT. CONSULTANT hereby indemnifies and holds CITY harmless from any and all claims that may be made against City based upon any contention by any third party that an employer-employee relationship exists by reason of this AGREEMENT.

G. Except as expressly authorized herein, CONSULTANT's obligations under this AGREEMENT are not assignable or transferable, and CONSULTANT shall not subcontract any work, without the prior written approval of the CITY. However, claims for money due or which become due to CONSULTANT from City under this AGREEMENT may be assigned to a financial institution or to a trustee in bankruptcy, without such approval. Notice of any assignment or transfer whether voluntary or involuntary shall be furnished promptly to the CITY.

H. CONSULTANT shall be as fully responsible to the CITY for the negligent acts and omissions of its contractors and subcontractors or subconsultants, and of persons either directly or indirectly employed by them, in the same manner as persons directly employed by CONSULTANT.

I. No alteration or variation of the terms of this AGREEMENT shall be valid, unless made in writing and signed by the parties authorized to bind the parties; and no oral understanding or agreement not incorporated herein, shall be binding on any of the parties hereto.

J. The consideration to be paid to CONSULTANT as provided herein, shall be in compensation for all of CONSULTANT’s expenses incurred in the performance hereof, including travel and per diem, unless otherwise expressly so provided.

ARTICLE II CONSULTANT’S REPORTS OR MEETINGS
A. CONSULTANT shall submit progress reports at least once a month. The report should be sufficiently detailed for the CITY’s Contract Administrator to determine, if CONSULTANT is performing to expectations, or is on schedule; to provide communication of interim findings, and to sufficiently address any difficulties or special problems encountered, so remedies can be developed.

CONSULTANT shall provide a Baseline Milestone Schedule showing progress from Project beginning through completion of the PA&ED Phase. Said Baseline Milestone Schedule shall be updated monthly and submitted along with progress payment requests. Monthly updated schedules shall contrast current progress against the Baseline Milestone Schedule projection.

An Engineering Performance and Progress Report (EPPR) shall also accompany progress payment requests. EPPR shall show present earned value status against baseline predicted progress. Any deviation of present project completion from the projected Baseline Milestone Schedule progress will be explained along with a recovery plan to bring progress into symmetry with projected Baseline Milestone Schedule performance. All Baseline Milestone Schedule completion dates shall be met.

B. CONSULTANT’s Project Manager shall meet with CITY’s Contract Administrator, as needed, to discuss progress on the AGREEMENT.

ARTICLE III STATEMENT OF WORK
A. CONSULTANT Services
Environmental documents are not considered complete until a Caltrans District Senior #7..
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AECOM Corporation A-3 City of Modesto
Briggsmore Avenue at State Route 99 Interchange Improvement Project Environmental Planner signs the Categorical Exclusion, a Caltrans Deputy District Director signs the Finding of No Significant Impact, or the Caltrans District Director signs the Record of Decision (see LAPM Chapter 6: Environmental Procedures, and the Standard Environmental Reference).

B. Right of Way:

Right of Way study and analysis as required to complete the PID/PAED phases.

C. Surveys:

Consultant will perform Preliminary Engineering Survey as necessary to complete the PID/PAED phases of the PROJECT
D. Subsurface Investigations:

Not Applicable to this Agreement
E. CITY Obligations:

City will provide: all existing traffic data, results from regional traffic corridor feasibility study when available, and access to the traffic engineering team.

F. Conferences, Site Visits, Inspection of Work:

This AGREEMENT provides for conferences as needed, visits to the site, and inspection of the work by representatives of the CITY, State, and/or FHWA. Costs incurred by CONSULTANT for meetings, subsequent to the initial meeting shall be included in the fee.

G. Checking Shop Drawings:

Not Applicable to this Agreement
H. CONSULTANT Services During Construction:

Not Applicable to this Agreement
I. Documentation and Schedules:

CONSULTANT shall provide documentation and schedules as required to complete the PID/PAED phases of the PROJECT.

ARTICLE IV PERFORMANCE PERIOD
A. This AGREEMENT shall go into effect on _______, 2023, contingent upon approval by CITY, and CONSULTANT shall commence work after notification to proceed by CITY’S Contract Administrator. The AGREEMENT shall end on February 28, 2029, unless extended by AGREEMENT amendment.

B. TERM OF AGREEMENT: The term of agreement is specified herein as thirty-three (33) months from Notice to Proceed for a Mitigated Negative Declaration and sixty-nine (69) months for an EIR/EIS for this procurement. This Agreement is effective as of the date first written above and will continue in effect until City's acceptance of and payment for all services authorized by City and performed by Consultant, unless terminated earlier in accordance with the provisions of the #7..
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AECOM Corporation A-4 City of Modesto
Briggsmore Avenue at State Route 99 Interchange Improvement Project termination clause in this Agreement.

Consultant shall undertake and complete the preparation of the scope of work as set forth and described in the documents commonly referred to as “project” attached hereto as “APPENDIX A:

REQUIRED SCOPE OF WORK AND DELIVERABLES" and made a part hereof. City hereby gives Consultant notice to proceed with the preparation of the project in the manner described in “APPENDIX A: REQUIRED SCOPE OF WORK AND DELIVERABLES" as of the Effective Date of this AGREEMENT. Consultant shall diligently proceed with the preparation of the project and agrees to complete said preparation within the time period set forth in “APPENDIX A: REQUIRED SCOPE OF WORK AND DELIVERABLES."
C. CONSULTANT is advised that any recommendation for AGREEMENT award is not binding on CITY until the AGREEMENT is fully executed and approved by CITY.

ARTICLE V ALLOWABLE COSTS AND PAYMENTS
A. The method of payment for this AGREEMENT will be based on actual cost plus a fixed fee. CITY will reimburse CONSULTANT for actual costs (including labor costs, employee benefits, travel, equipment rental costs, overhead and other direct costs) incurred by CONSULTANT in performance of the work. CONSULTANT will not be reimbursed for actual costs that exceed the estimated wage rates, employee benefits, travel, equipment rental, overhead, and other estimated costs set forth in the approved CONSULTANT’S Cost Proposal, unless additional reimbursement is provided for by AGREEMENT amendment. In no event, will CONSULTANT be reimbursed for overhead costs at a rate that exceeds CITY’s approved overhead rate set forth in the Cost Proposal. In the event, that CITY determines that a change to the work from that specified in the Cost Proposal and AGREEMENT is required, the AGREEMENT time or actual costs reimbursable by CITY shall be adjusted by AGREEMENT amendment to accommodate the changed work. The maximum total cost as specified in Paragraph “I” of this Article shall not be exceeded, unless authorized by AGREEMENT amendment.

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

C. In addition to the allowable incurred costs, CITY will pay CONSULTANT a fixed fee of $390,541.00.

The fixed fee is nonadjustable for the term of the AGREEMENT, except in the event of a significant change in the scope of work and such adjustment is made by AGREEMENT amendment.

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

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

F. Progress payments will be made monthly in arrears based on services provided and allowable incurred costs. A pro rata portion of CONSULTANT’s fixed fee will be included in the monthly progress payments. If CONSULTANT fails to submit the required deliverable items according to the schedule set forth in Article III Statement of Work, CITY shall have the right to delay payment or terminate this AGREEMENT.
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AECOM Corporation A-5 City of Modesto
Briggsmore Avenue at State Route 99 Interchange Improvement Project G. No payment will be made prior to approval of any work, nor for any work performed prior to approval of this AGREEMENT.

H. CONSULTANT will be reimbursed promptly according to California Regulations upon receipt by CITY’s Contract Administrator of itemized invoices in duplicate. Invoices shall be submitted no later than thirty (30) calendar days after the performance of work for which CONSULTANT is billing.

Invoices shall detail the work performed on each milestone and each project as applicable. Invoices shall follow the format stipulated for the approved Cost Proposal and shall reference this AGREEMENT number and project title. Final invoice must contain the final cost and all credits due CITY including any equipment purchased under the provisions of Article XI Equipment Purchase.

The final invoice should be submitted within sixty (60) calendar days after completion of CONSULTANT’s work. Invoices shall be mailed to CITY’s Project Manager at the following address:

City of Modesto
Attn: John Rawles
P.O. Box 642
Modesto, CA, 95353
I. The total amount payable by CITY including the fixed fee shall not exceed $6,380,010, except that additional services may be compensated as described below.

Additional services may be authorized by the City Manager in an amount up to, but not to exceed 10% of the agreed maximum compensation, or $638,001.00. 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 Appendix H: Cost Proposal 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 $7,018,011.00. 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 ARTICLE V, Paragraph A of this agreement.

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

K. An additional allocation of funding is required from Stanislaus Council of Governments (StanCOG) to fully fund this project. Therefore, separate City Council approval and issuance of a separate notice to proceed is required before initiation of any work or payment for work items covered in Task item 4 in Appendix H.

ARTICLE VI TERMINATION OF AGREEMENT
Termination by City for Default of Consultant
Should Consultant default in the performance of this Agreement or materially breach any of its provisions, at its option, City may terminate this Agreement by giving written notification to Consultant.

The termination date shall be the effective date of the notice. For the purposes of this section, material breach of this Agreement shall include, but not be limited to, any of the following: failure to perform required services or duties, willful destruction of City's property by Consultant, dishonesty or theft. #7..
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AECOM Corporation A-6 City of Modesto
Briggsmore Avenue at State Route 99 Interchange Improvement Project Termination by City for Convenience
The City may also terminate the Consultant's performance under the Agreement, either in whole or in part, at its own discretion, or when conditions encountered during the Work make it impossible or impracticable to proceed, or when the City is prevented from proceeding with the Agreement by act of God, by law, or by official action of a public authority, or upon a determination by the City that such termination is in the best interest and convenience of the City, or whenever the City is prohibited from completing the Work for any reason.

The City shall provide no less than ten (10) calendar days written notice of its intent to terminate the Agreement for convenience, and shall endeavor to provide the Consultant with consultation with the City prior to termination.

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

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

Authorization to Terminate Agreement
Termination of the Agreement may be invoked by the City Manager, or his/her designee, subject to the right of the Consultant to appeal the City Manager, or his/her designee’s, decision to the City Council.

The Consultant shall appeal by notifying the City Clerk in writing within ten (10) calendar days of receipt #7..
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AECOM Corporation A-7 City of Modesto
Briggsmore Avenue at State Route 99 Interchange Improvement Project of written notification from City of termination of the Agreement. In the event that termination of this Agreement is upheld by the City Council, any cessation of payment of delay claims, extended claims, Eichleay claims, or any other claims for delay shall be retroactive to the date of termination selected by the City Manager, or his/her designee
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AECOM Corporation A-8 City of Modesto
Briggsmore Avenue at State Route 99 Interchange Improvement Project

ARTICLE VII COST PRINCIPLES AND ADMINISTRATIVE REQUIREMENTS A. The CONSULTANT agrees that 48 CFR Part 31, Contract Cost Principles and Procedures, shall be used to determine the allowability of individual terms of cost.

B. The CONSULTANT also agrees to comply with Federal procedures in accordance with 2 CFR Part 200, Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards.

C. Any costs for which payment has been made to the CONSULTANT that are determined by subsequent audit to be unallowable under 48 CFR Part 31 or 2 CFR Part 200 are subject to repayment by the CONSULTANT to CITY.

D. When a CONSULTANT or Subconsultant is a Non-Profit Organization or an Institution of Higher Education, the Cost Principles for Title 2 CFR Part 200, Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards shall apply.

ARTICLE VIII RETENTION OF RECORD/AUDITS
For the purpose of determining compliance with Gov. Code § 8546.7, the CONSULTANT, Subconsultants, and CITY shall maintain all books, documents, papers, accounting records, Independent CPA Audited Indirect Cost Rate workpapers, and other evidence pertaining to the performance of the AGREEMENT including, but not limited to, the costs of administering the AGREEMENT. All parties, including the CONSULTANT’s Independent CPA, shall make such workpapers and materials available at their respective offices at all reasonable times during the AGREEMENT period and for three (3) years from the date of final payment under the AGREEMENT and records for real property and equipment acquired with federal funds must be retained for three (3) years after final disposition. CITY, Caltrans Auditor, FHWA, or any duly authorized representative of the Federal government having jurisdiction under Federal laws or regulations (including the basis of Federal funding in whole or in part) shall have access to any books, records, and documents of the CONSULTANT, Subconsultants, and the CONSULTANT’s Independent CPA, that are pertinent to the AGREEMENT for audits, examinations, workpaper review, excerpts, and transactions, and copies thereof shall be furnished if requested without limitation.

ARTICLE IX AUDIT REVIEW PROCEDURES
A. Any dispute concerning a question of fact arising under an interim or post audit of this AGREEMENT that is not disposed of by AGREEMENT, shall be reviewed by CITY’S Chief Financial Officer.

B. Not later than thirty (30) calendar days after issuance of the final audit report, CONSULTANT may request a review by CITY’S Chief Financial Officer of unresolved audit issues. The request for review will be submitted in writing.

C. Neither the pendency of a dispute nor its consideration by CITY will excuse CONSULTANT from full and timely performance, in accordance with the terms of this AGREEMENT.

D. CONSULTANT and subconsultant AGREEMENTs, including cost proposals and Indirect Cost Rates (ICR), may be subject to audits or reviews such as, but not limited to, an AGREEMENT audit, an incurred cost audit, an ICR Audit, or a CPA ICR audit work paper review. If selected for audit or review, the AGREEMENT, cost proposal and ICR and related work papers, if applicable, will be reviewed to verify compliance with 48 CFR Part 31 and other related laws and regulations.

In the instances of a CPA ICR audit work paper review it is CONSULTANT’s responsibility to #7..
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AECOM Corporation A-9 City of Modesto
Briggsmore Avenue at State Route 99 Interchange Improvement Project ensure federal, CITY, or local government officials are allowed full access to the CPA’s work papers including making copies as necessary. The AGREEMENT, cost proposal, and ICR shall be adjusted by CONSULTANT and approved by CITY Contract Administrator to conform to the audit or review recommendations. CONSULTANT agrees that individual terms of costs identified in the audit report shall be incorporated into the AGREEMENT by this reference if directed by CITY at its sole discretion. Refusal by CONSULTANT to incorporate audit or review recommendations, or to ensure that the federal, CITY or local governments have access to CPA work papers, will be considered a breach of AGREEMENT terms and cause for termination of the AGREEMENT and disallowance of prior reimbursed costs.

E. CONSULTANT’s Cost Proposal may be subject to a CPA ICR Audit Work Paper Review and/or audit by the Independent Office of Audits and Investigations (IOAI). IOAI, at its sole discretion, may review and/or audit and approve the CPA ICR documentation. The Cost Proposal shall be adjusted by the CONSULTANT and approved by the CITY Contract Administrator to conform to the Work Paper Review recommendations included in the management letter or audit recommendations included in the audit report. Refusal by the CONSULTANT to incorporate the Work Paper Review recommendations included in the management letter or audit recommendations included in the audit report will be considered a breach of the AGREEMENT terms and cause for termination of the AGREEMENT and disallowance of prior reimbursed costs.

1. During IOAI’s review of the ICR audit work papers created by the CONSULTANT’s independent CPA, IOAI will work with the CPA and/or CONSULTANT toward a resolution of issues that arise during the review. Each party agrees to use its best efforts to resolve any audit disputes in a timely manner. If IOAI identifies significant issues during the review and is unable to issue a cognizant approval letter, CITY will reimburse the CONSULTANT at an accepted ICR until a FAR (Federal Acquisition Regulation) compliant ICR {e.g. 48 CFR Part 31; GAGAS (Generally Accepted Auditing Standards); CAS (Cost Accounting Standards), if applicable; in accordance with procedures and guidelines of the American Association of State Highways and Transportation Officials (AASHTO) Audit Guide; and other applicable procedures and guidelines is received and approved by IOAI.

2. If IOAI is unable to issue a cognizant letter per paragraph E.1. above, IOAI may require CONSULTANT to submit a revised independent CPA-audited ICR and audit report within three (3) months of the effective date of the management letter. IOAI will then have up to six (6) months to review the CONSULTANT’s and/or the independent CPA’s revisions.

3. If the CONSULTANT fails to comply with the provisions of this paragraph E, or if IOAI is still unable to issue a cognizant approval letter after the revised independent CPA audited ICR is submitted, overhead cost reimbursement will be limited to the accepted ICR that was established upon initial rejection of the ICR and set forth in paragraph E.1. above for all rendered services. In this event, this accepted ICR will become the actual and final ICR for reimbursement purposes under this AGREEMENT.

4. CONSULTANT may submit to CITY final invoice only when all of the following items have occurred: (1) IOAI accepts or adjusts the original or revised independent CPA audited ICR; (2) all work under this AGREEMENT has been completed to the satisfaction of CITY; and, (3) IOAI has issued its final ICR review letter. The CONSULTANT MUST SUBMIT ITS FINAL INVOICE TO CITY no later than sixty (60) calendar days after occurrence of the last of these items. The accepted ICR will apply to this AGREEMENT and all other agreements executed between CITY and the CONSULTANT, either as a prime or subconsultant, with the same fiscal period ICR. #7..
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AECOM Corporation A-10 City of Modesto
Briggsmore Avenue at State Route 99 Interchange Improvement Project

ARTICLE X SUBCONTRACTING
A. Nothing contained in this AGREEMENT or otherwise, shall create any contractual relation between the CITY and any Subconsultants, and no subagreement shall relieve the CONSULTANT of its responsibilities and obligations hereunder. The CONSULTANT agrees to be as fully responsible to the CITY for the acts and omissions of its Subconsultants and of persons either directly or indirectly employed by any of them as it is for the acts and omissions of persons directly employed by the CONSULTANT. The CONSULTANT's obligation to pay its Subconsultants is an independent obligation from the CITY's obligation to make payments to the CONSULTANT.

B. The CONSULTANT shall perform the work contemplated with resources available within its own organization and no portion of the work shall be subcontracted without written authorization by the CITY Contract Administrator, except that which is expressly identified in the CONSULTANT’s approved Cost Proposal.

C. Any subagreement entered into as a result of this AGREEMENT, shall contain all the provisions stipulated in this entire AGREEMENT to be applicable to Subconsultants unless otherwise noted.

D. CONSULTANT shall pay its Subconsultants within Fifteen (15) calendar days from receipt of each payment made to the CONSULTANT by the CITY.

E. Any substitution of Subconsultants must be approved in writing by the CITY Contract Administrator in advance of assigning work to a substitute Subconsultant.

F. Prompt Progress Payment
CONSULTANT or subconsultant shall pay to any subconsultant, not later than fifteen (15) days after receipt of each progress payment, unless otherwise agreed to in writing, the respective amounts allowed CONSULTANT on account of the work performed by the subconsultants, to the extent of each subconsultant’s interest therein. In the event that there is a good faith dispute over all or any portion of the amount due on a progress payment from CONSULTANT or subconsultant to a subconsultant, CONSULTANT or subconsultant may withhold no more than One Hundred Fifty (150) percent of the disputed amount. Any violation of this requirement shall constitute a cause for disciplinary action and shall subject the licensee to a penalty, payable to the subconsultant, of Two (2) percent of the amount due per month for every month that payment is not made.

In any action for the collection of funds wrongfully withheld, the prevailing party shall be entitled to his or her attorney’s fees and costs. The sanctions authorized under this requirement shall be separate from, and in addition to, all other remedies, either civil, administrative, or criminal. This clause applies to both DBE and non-DBE subconsultants.

G. Prompt Payment of Withheld Funds to Subconsultants
The CITY may hold retainage from CONSULTANT and shall make prompt and regular incremental acceptances of portions, as determined by the CITY, of the contract work, and pay retainage to CONSULTANT based on these acceptances. The CITY shall designate one of the methods below in the contract to ensure prompt and full payment of any retainage kept by CONSULTANT or subconsultant to a subconsultant.

No retainage will be held by the CITY from progress payments due to CONSULTANT. Any retainage kept by CONSULTANT or by a subconsultant must be paid in full to the earning subconsultant within fifteen (15) days after the subconsultant’s work is satisfactorily completed.

Any delay or postponement of payment may take place only for good cause and with the CITY’s #7..
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AECOM Corporation A-11 City of Modesto
Briggsmore Avenue at State Route 99 Interchange Improvement Project prior written approval. Any violation of these provisions shall subject the violating CONSULTANT or subconsultant to the penalties, sanctions, and remedies specified in Section 3321 of the California Civil Code. This requirement shall not be construed to limit or impair any contractual, administrative or judicial remedies, otherwise available to CONSULTANT or subconsultant in the event of a dispute involving late payment or nonpayment by CONSULTANT, deficient subconsultant performance and/or noncompliance by a subconsultant. This clause applies to both DBE and non-DBE subconsultants.

ARTICLE XI EQUIPMENT PURCHASE AND OTHER CAPITAL EXPENDITURES A. Prior authorization in writing by CITY’s Contract Administrator shall be required before CONSULTANT enters into any unbudgeted purchase order, or subcontract exceeding five thousand dollars ($5,000) for supplies, equipment, or CONSULTANT services. CONSULTANT shall provide an evaluation of the necessity or desirability of incurring such costs.

B. For purchase of any item, service, or consulting work not covered in CONSULTANT’s approved Cost Proposal and exceeding five thousand dollars ($5,000), with prior authorization by CITY’s Contract Administrator, three competitive quotations must be submitted with the request, or the absence of proposal must be adequately justified.

C. Any equipment purchased with funds provided under the terms of this AGREEMENT is subject to the following:

1. CONSULTANT shall maintain an inventory of all nonexpendable property. Nonexpendable property is defined as having a useful life of at least two (2) years and an acquisition cost of five thousand dollars ($5,000) or more. If the purchased equipment needs replacement and is sold or traded in, CITY shall receive a proper refund or credit at the conclusion of the AGREEMENT, or if the AGREEMENT is terminated, CONSULTANT may either keep the equipment and credit CITY in an amount equal to its fair market value, or sell such equipment at the best price obtainable at a public or private sale, in accordance with established CITY procedures; and credit CITY in an amount equal to the sales price. If CONSULTANT elects to keep the equipment, fair market value shall be determined at CONSULTANT’s expense, on the basis of a competent independent appraisal of such equipment. Appraisals shall be obtained from an appraiser mutually agreeable to by CITY and CONSULTANT, if it is determined to sell the equipment, the terms and conditions of such sale must be approved in advance by CITY.

2. Regulation 2 CFR Part 200 requires a credit to Federal funds when participating equipment with a fair market value greater than five thousand dollars ($5,000) is credited to the project.

ARTICLE XII STATE PREVAILING WAGE RATES
A. No CONSULTANT or Subconsultant may be awarded an AGREEMENT containing public work elements unless registered with the Department of Industrial Relations (DIR) pursuant to Labor Code §1725.5. Registration with DIR must be maintained throughout the entire term of this AGREEMENT, including any subsequent amendments.

B. The CONSULTANT shall comply with all of the applicable provisions of the California Labor Code requiring the payment of prevailing wages. The General Prevailing Wage Rate Determinations applicable to work under this AGREEMENT are available and on file with the Department of Transportation's Regional/District Labor Compliance Officer (https://dot.ca.gov/programs/construction/labor-compliance). These wage rates are made a specific part of this AGREEMENT by reference pursuant to Labor Code §1773.2 and will be #7..
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AECOM Corporation A-12 City of Modesto
Briggsmore Avenue at State Route 99 Interchange Improvement Project applicable to work performed at a construction project site. Prevailing wages will be applicable to all inspection work performed at CITY construction sites, at CITY facilities and at off-site locations that are set up by the construction contractor or one of its subcontractors solely and specifically to serve CITY projects. Prevailing wage requirements do not apply to inspection work performed at the facilities of vendors and commercial materials suppliers that provide goods and services to the general public.

C. General Prevailing Wage Rate Determinations applicable to this project may also be obtained from the Department of Industrial Relations website at http://www.dir.ca.gov.

D. Payroll Records

1. Each CONSULTANT and Subconsultant shall keep accurate certified payroll records and supporting documents as mandated by Labor Code §1776 and as defined in 8 CCR §16000 showing the name, address, social security number, work classification, straight time and overtime hours worked each day and week, and the actual per diem wages paid to each journeyman, apprentice, worker, or other employee employed by the CONSULTANT or Subconsultant in connection with the public work. Each payroll record shall contain or be verified by a written declaration that it is made under penalty of perjury, stating both of the following:
a. The information contained in the payroll record is true and correct. b. The employer has complied with the requirements of Labor Code §1771, §1811, and §1815 for any work performed by his or her employees on the public works project.

2. The payroll records enumerated under paragraph (1) above shall be certified as correct by the CONSULTANT under penalty of perjury. The payroll records and all supporting documents shall be made available for inspection and copying by CITY representatives at all reasonable hours at the principal office of the CONSULTANT. The CONSULTANT shall provide copies of certified payrolls or permit inspection of its records as follows:
a. A certified copy of an employee's payroll record shall be made available for inspection or furnished to the employee or the employee's authorized representative on request. b. A certified copy of all payroll records enumerated in paragraph (1) above, shall be made available for inspection or furnished upon request to a representative of CITY, the Division of Labor Standards Enforcement and the Division of Apprenticeship Standards of the Department of Industrial Relations. Certified payrolls submitted to CITY, the Division of Labor Standards Enforcement and the Division of Apprenticeship Standards shall not be altered or obliterated by the CONSULTANT.
c. The public shall not be given access to certified payroll records by the CONSULTANT. The CONSULTANT is required to forward any requests for certified payrolls to the CITY Contract Administrator by both email and regular mail on the business day following receipt of the request.

3. Each CONSULTANT shall submit a certified copy of the records enumerated in paragraph (1) above, to the entity that requested the records within ten (10) calendar days after receipt of a written request.

4. Any copy of records made available for inspection as copies and furnished upon request to the public or any public agency by CITY shall be marked or obliterated in such a manner as to prevent disclosure of each individual's name, address, and social security number. The name and address of the CONSULTANT or Subconsultant performing the work shall not be marked or obliterated.
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AECOM Corporation A-13 City of Modesto
Briggsmore Avenue at State Route 99 Interchange Improvement Project

5. The CONSULTANT shall inform CITY of the location of the records enumerated under paragraph (1) above, including the street address, city and county, and shall, within five (5) working days, provide a notice of a change of location and address.

6. The CONSULTANT or Subconsultant shall have ten (10) calendar days in which to comply subsequent to receipt of written notice requesting the records enumerated in paragraph (1) above. In the event the CONSULTANT or Subconsultant fails to comply within the ten (10) day period, he or she shall, as a penalty to CITY, forfeit one hundred dollars ($100) for each calendar day, or portion thereof, for each worker, until strict compliance is effectuated. Such penalties shall be withheld by CITY from payments then due. CONSULTANT is not subject to a penalty assessment pursuant to this section due to the failure of a Subconsultant to comply with this section.

E. When prevailing wage rates apply, the CONSULTANT is responsible for verifying compliance with certified payroll requirements. Invoice payment will not be made until the invoice is approved by the CITY Contract Administrator.

F. Penalty

1. The CONSULTANT and any of its Subconsultants shall comply with Labor Code §1774 and §1775. Pursuant to Labor Code §1775, the CONSULTANT and any Subconsultant shall forfeit to the CITY a penalty of not more than two hundred dollars ($200) for each calendar day, or portion thereof, for each worker paid less than the prevailing rates as determined by the Director of DIR for the work or craft in which the worker is employed for any public work done under the AGREEMENT by the CONSULTANT or by its Subconsultant in violation of the requirements of the Labor Code and in particular, Labor Code §§1770 to 1780, inclusive.

2. The amount of this forfeiture shall be determined by the Labor Commissioner and shall be based on consideration of mistake, inadvertence, or neglect of the CONSULTANT or Subconsultant in failing to pay the correct rate of prevailing wages, or the previous record of the CONSULTANT or Subconsultant in meeting their respective prevailing wage obligations, or the willful failure by the CONSULTANT or Subconsultant to pay the correct rates of prevailing wages. A mistake, inadvertence, or neglect in failing to pay the correct rates of prevailing wages is not excusable if the CONSULTANT or Subconsultant had knowledge of the obligations under the Labor Code. The CONSULTANT is responsible for paying the appropriate rate, including any escalations that take place during the term of the AGREEMENT.

3. In addition to the penalty and pursuant to Labor Code §1775, the difference between the prevailing wage rates and the amount paid to each worker for each calendar day or portion thereof for which each worker was paid less than the prevailing wage rate shall be paid to each worker by the CONSULTANT or Subconsultant.

4. If a worker employed by a Subconsultant on a public works project is not paid the general prevailing per diem wages by the Subconsultant, the prime CONSULTANT of the project is not liable for the penalties described above unless the prime CONSULTANT had knowledge of that failure of the Subconsultant to pay the specified prevailing rate of wages to those workers or unless the prime CONSULTANT fails to comply with all of the following requirements:
a. The AGREEMENT executed between the CONSULTANT and the Subconsultant for the performance of work on public works projects shall include a copy of the requirements in Labor Code §§ 1771, 1775, 1776, 1777.5, 1813, and 1815. b. The CONSULTANT shall monitor the payment of the specified general prevailing rate of per diem wages by the Subconsultant to the employees by periodic review of the certified payroll records of the Subconsultant.
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AECOM Corporation A-14 City of Modesto
Briggsmore Avenue at State Route 99 Interchange Improvement Project c. Upon becoming aware of the Subconsultant’s failure to pay the specified prevailing rate of wages to the Subconsultant’s workers, the CONSULTANT shall diligently take corrective action to halt or rectify the failure, including but not limited to, retaining sufficient funds due the Subconsultant for work performed on the public works project. d. Prior to making final payment to the Subconsultant for work performed on the public works project, the CONSULTANT shall obtain an affidavit signed under penalty of perjury from the Subconsultant that the Subconsultant had paid the specified general prevailing rate of per diem wages to the Subconsultant’s employees on the public works project and any amounts due pursuant to Labor Code §1813.

5. Pursuant to Labor Code §1775, CITY shall notify the CONSULTANT on a public works project within fifteen (15) calendar days of receipt of a complaint that a Subconsultant has failed to pay workers the general prevailing rate of per diem wages.

6. If CITY determines that employees of a Subconsultant were not paid the general prevailing rate of per diem wages and if CITY did not retain sufficient money under the AGREEMENT to pay those employees the balance of wages owed under the general prevailing rate of per diem wages, the CONSULTANT shall withhold an amount of moneys due the Subconsultant sufficient to pay those employees the general prevailing rate of per diem wages if requested by CITY.

G. Hours of Labor
Eight (8) hours labor constitutes a legal day's work. The CONSULTANT shall forfeit, as a penalty to the CITY, twenty-five dollars ($25) for each worker employed in the execution of the AGREEMENT by the CONSULTANT or any of its Subconsultants for each calendar day during which such worker is required or permitted to work more than eight (8) hours in any one calendar day and forty (40) hours in any one calendar week in violation of the provisions of the Labor Code, and in particular §§1810 to 1815 thereof, inclusive, except that work performed by employees in excess of eight (8) hours per day, and forty (40) hours during any one week, shall be permitted upon compensation for all hours worked in excess of eight (8) hours per day and forty (40) hours in any week, at not less than one and one-half (1.5) times the basic rate of pay, as provided in §1815.

H. Employment of Apprentices

1. Where either the prime AGREEMENT or the subagreement exceeds thirty thousand dollars ($30,000), the CONSULTANT and any subconsultants under him or her shall comply with all applicable requirements of Labor Code §§ 1777.5, 1777.6 and 1777.7 in the employment of apprentices.

2. CONSULTANTs and subconsultants are required to comply with all Labor Code requirements regarding the employment of apprentices, including mandatory ratios of journey level to apprentice workers. Prior to commencement of work, CONSULTANT and subconsultants are advised to contact the DIR Division of Apprenticeship Standards website at https://www.dir.ca.gov/das/, for additional information regarding the employment of apprentices and for the specific journey-to- apprentice ratios for the AGREEMENT work. The CONSULTANT is responsible for all subconsultants’ compliance with these requirements.

Penalties are specified in Labor Code §1777.7.

ARTICLE XIII CONFLICT OF INTEREST
A. During the term of this AGREEMENT, the CONSULTANT shall disclose any financial, business, or other relationship with CITY that may have an impact upon the outcome of this AGREEMENT or any ensuing CITY construction project. The CONSULTANT shall also list current clients who may #7..
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AECOM Corporation A-15 City of Modesto
Briggsmore Avenue at State Route 99 Interchange Improvement Project have a financial interest in the outcome of this AGREEMENT or any ensuing CITY construction project which will follow.

B. CONSULTANT certifies that it has disclosed to CITY any actual, apparent, or potential conflicts of interest that may exist relative to the services to be provided pursuant to this AGREEMENT.

CONSULTANT agrees to advise CITY of any actual, apparent or potential conflicts of interest that may develop subsequent to the date of execution of this AGREEMENT. CONSULTANT further agrees to complete any statements of economic interest if required by either CITY ordinance or State law.

C. The CONSULTANT hereby certifies that it does not now have nor shall it acquire any financial or business interest that would conflict with the performance of services under this AGREEMENT.

D. The CONSULTANT hereby certifies that the CONSULTANT or subconsultant and any firm affiliated with the CONSULTANT or subconsultant that bids on any construction contract or on any Agreement to provide construction inspection for any construction project resulting from this AGREEMENT, has established necessary controls to ensure a conflict of interest does not exist.

An affiliated firm is one, which is subject to the control of the same persons, through joint ownership or otherwise.

ARTICLE XIV REBATES, KICKBACKS OR OTHER UNLAWFUL CONSIDERATION The CONSULTANT warrants that this AGREEMENT was not obtained or secured through rebates, kickbacks or other unlawful consideration either promised or paid to any CITY employee. For breach or violation of this warranty, CITY shall have the right, in its discretion, to terminate this AGREEMENT without liability, to pay only for the value of the work actually performed, or to deduct from this AGREEMENT price or otherwise recover the full amount of such rebate, kickback or other unlawful consideration.

ARTICLE XV PROHIBITION OF EXPENDING CITY, STATE, OR FEDERAL FUNDS FOR LOBBYING A. The CONSULTANT certifies, to the best of his or her knowledge and belief, that:

1. No State, Federal, or CITY appropriated funds have been paid or will be paid, by or on behalf of the CONSULTANT, to any person for influencing or attempting to influence an officer or employee of any local, State, or Federal agency, a Member of the State Legislature or United States Congress, an officer or employee of the Legislature or Congress, or any employee of a Member of the Legislature or Congress in connection with the awarding or making of this AGREEMENT, or with the extension, continuation, renewal, amendment, or modification of this AGREEMENT.

2. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a member of Congress in connection with this AGREEMENT, the CONSULTANT shall complete and submit Standard Form-LLL, “Disclosure Form to Report Lobbying,” in accordance with its instructions.

B. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by 31 U.S.C. §1352. Any person who fails to file the required certification shall be subject to a civil penalty of not less than ten thousand dollars ($10,000) and not more than one hundred thousand dollars ($100,000) for each such failure. #7..
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AECOM Corporation A-16 City of Modesto
Briggsmore Avenue at State Route 99 Interchange Improvement Project C. The CONSULTANT also agrees by signing this document that he or she shall require that the language of this certification be included in all lower tier subagreements, which exceed one hundred thousand dollars ($100,000), and that all such subrecipients shall certify and disclose accordingly.

ARTICLE XVI NON-DISCRIMINATION CLAUSE AND STATEMENT OF COMPLIANCE A. The CONSULTANT’s signature affixed herein and dated shall constitute a certification under penalty of perjury under the laws of the State of California that the CONSULTANT has, unless exempt, complied with the nondiscrimination program requirements of Gov. Code §12990 and 2 CCR §8103.

B. During the performance of this AGREEMENT, CONSULTANT and its subconsultants shall not deny the AGREEMENT’s benefits to any person on the basis of race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, genetic information, marital status, sex, gender, gender identity, gender expression, age, sexual orientation, or military and veteran status, nor shall they unlawfully discriminate, harass, or allow harassment against any employee or applicant for employment because of race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, genetic information, marital status, sex, gender, gender identity, gender expression, age, sexual orientation, or military and veteran status. CONSULTANT and subconsultants shall insure that the evaluation and treatment of their employees and applicants for employment are free from such discrimination and harassment.

C. CONSULTANT and subconsultants shall comply with the provisions of the Fair Employment and Housing Act (Gov. Code §12990 et seq.), the applicable regulations promulgated there under (2 CCR §11000 et seq.), the provisions of Gov. Code §§11135-11139.5, and the regulations or standards adopted by CITY to implement such article. The applicable regulations of the Fair Employment and Housing Commission implementing Gov. Code §12990 (a-f), set forth 2 CCR §§8100-8504, are incorporated into this AGREEMENT by reference and made a part hereof as if set forth in full.

D. CONSULTANT shall permit access by representatives of the Department of Fair Employment and Housing and the CITY upon reasonable notice at any time during the normal business hours, but in no case less than twenty-four (24) hours’ notice, to such of its books, records, accounts, and all other sources of information and its facilities as said Department or CITY shall require to ascertain compliance with this clause.

E. CONSULTANT and its subconsultants shall give written notice of their obligations under this clause to labor organizations with which they have a collective bargaining or other Agreement.

F. CONSULTANT shall include the nondiscrimination and compliance provisions of this clause in all subcontracts to perform work under this AGREEMENT.

G. The CONSULTANT, with regard to the work performed under this AGREEMENT, shall act in accordance with Title VI of the Civil Rights Act of 1964 (42 U.S.C. §2000d et seq.). Title VI provides that the recipients of federal assistance will implement and maintain a policy of nondiscrimination in which no person in the United States shall, on the basis of race, color, national origin, religion, sex, age, disability, be excluded from participation in, denied the benefits of or subject to discrimination under any program or activity by the recipients of federal assistance or their assignees and successors in interest.

H. The CONSULTANT shall comply with regulations relative to non-discrimination in federally- #7..
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AECOM Corporation A-17 City of Modesto
Briggsmore Avenue at State Route 99 Interchange Improvement Project assisted programs of the U.S. Department of Transportation (49 CFR Part 21 - Effectuation of Title VI of the Civil Rights Act of 1964). Specifically, the CONSULTANT shall not participate either directly or indirectly in the discrimination prohibited by 49 CFR §21.5, including employment practices and the selection and retention of Subconsultants.

I. CONSULTANT, subrecipient or subconsultant will never exclude any person from participation in, deny any person the benefits of, or otherwise discriminate against anyone in connection with the award and performance of any contract covered by 49 CFR 26 on the basis of race, color, sex, or national origin. In administering the CITY components of the DBE Program Plan, CONSULTANT, subrecipient or subconsultant will not, directly, or through contractual or other arrangements, use criteria or methods of administration that have the effect of defeating or substantially impairing accomplishment of the objectives of the DBE Program Plan with respect to individuals of a particular race, color, sex, or national origin.

ARTICLE XVII DEBARMENT AND SUSPENSION CERTIFICATION
A. The CONSULTANT’s signature affixed herein shall constitute a certification under penalty of perjury under the laws of the State of California, that the CONSULTANT or any person associated therewith in the capacity of owner, partner, director, officer or manager:

1. Is not currently under suspension, debarment, voluntary exclusion, or determination of ineligibility by any federal agency;

2. Has not been suspended, debarred, voluntarily excluded, or determined ineligible by any federal agency within the past three (3) years;

3. Does not have a proposed debarment pending; and

4. Has not been indicted, convicted, or had a civil judgment rendered against it by a court of competent jurisdiction in any matter involving fraud or official misconduct within the past three (3) years.

B. Any exceptions to this certification must be disclosed to CITY. Exceptions will not necessarily result in denial of recommendation for award, but will be considered in determining responsibility.

Disclosures must indicate the party to whom the exceptions apply, the initiating agency, and the dates of agency action.

C. Exceptions to the Federal Government excluded parties (https://sam.gov/content/home) maintained by the U.S. General Services Administration are to be determined by FHWA.

ARTICLE XVIII DISADVANTAGED BUSINESS ENTERPRISES (DBE) PARTICIPATION A. CONSULTANT, subrecipient (CITY), or subconsultant shall take necessary and reasonable steps to ensure that DBEs have opportunities to participate in the contract (49 CFR 26). To ensure equal participation of DBEs provided in 49 CFR 26.5, The CITY shows a contract goal for DBEs.

CONSULTANT shall make work available to DBEs and select work parts consistent with available DBE subconsultants and suppliers.

CONSULTANT shall meet the DBE goal shown elsewhere in these special provisions or demonstrate that they made adequate good faith efforts to meet this goal. It is CONSULTANT’s responsibility to verify at date of proposal opening that the DBE firm is certified as a DBE by using the California Unified Certification Program (CUCP) database and possesses the most specific available North American Industry Classification System (NAICS) codes or work code applicable to #7..
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AECOM Corporation A-18 City of Modesto
Briggsmore Avenue at State Route 99 Interchange Improvement Project the type of work the firm will perform on the contract. Additionally, the CONSULTANT is responsible to document the verification record by printing out the CUCP data for each DBE firm. A list of DBEs certified by the CUCP can be found at https://dot.ca.gov/programs/civil-rights/dbesearch.

All DBE participation will count toward the California Department of Transportation’s federally mandated statewide overall DBE goal. Credit for materials or supplies CONSULTANT purchases from DBEs counts towards the goal in the following manner:
 100 percent counts if the materials or supplies are obtained from a DBE manufacturer.  60 percent counts if the materials or supplies are purchased from a DBE regular dealer.  Only fees, commissions, and charges for assistance in the procurement and delivery of materials or supplies count if obtained from a DBE that is neither a manufacturer nor regular dealer. 49CFR26.55 defines "manufacturer" and "regular dealer." This AGREEMENT is subject to 49 CFR Part 26 entitled “Participation by Disadvantaged Business Enterprises in Department of Transportation Financial Assistance Programs”. CONSULTANTs who enter into a federally-funded agreement will assist the CITY in a good faith effort to achieve California's statewide overall DBE goal.

B. The goal for DBE participation for this AGREEMENT is 8.79%. Participation by DBE CONSULTANT or subconsultants shall be in accordance with information contained in Exhibit 10- O2: Consultant Contract DBE Commitment attached hereto and incorporated as part of the AGREEMENT. If a DBE subconsultant is unable to perform, CONSULTANT must make a good faith effort to replace him/her with another DBE subconsultant, if the goal is not otherwise met.

C. CONSULTANT can meet the DBE participation goal by either documenting commitments to DBEs to meet the AGREEMENT goal, or by documenting adequate good faith efforts to meet the AGREEMENT goal. An adequate good faith effort means that the CONSULTANT must show that it took all necessary and reasonable steps to achieve a DBE goal that, by their scope, intensity, and appropriateness to the objective, could reasonably be expected to meet the DBE goal. If CONSULTANT has not met the DBE goal, complete and submit Exhibit 15-H: DBE Information – Good Faith Efforts to document efforts to meet the goal. Refer to 49 CFR Part 26 for guidance regarding evaluation of good faith efforts to meet the DBE goal.

D. Contract Assurance
Under 49 CFR 26.13(b):

CONSULTANT, subrecipient or subconsultant shall not discriminate on the basis of race, color, national origin, or sex in the performance of this contract. CONSULTANT shall carry out applicable requirements of 49 CFR 26 in the award and administration of federal-aid contracts.

Failure by the CONSULTANT to carry out these requirements is a material breach of this contract, which may result in the termination of this contract or such other remedy as the recipient deems appropriate, which may include, but is not limited to:
(1) Withholding monthly progress payments;
(2) Assessing sanctions;
(3) Liquidated damages; and/or
(4) Disqualifying CONSULTANT from future proposing as non-responsible #7..
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AECOM Corporation A-19 City of Modesto
Briggsmore Avenue at State Route 99 Interchange Improvement Project E. Termination and Substitution of DBE Subconsultants
CONSULTANT shall utilize the specific DBEs listed to perform the work and supply the materials for which each is listed unless CONSULTANT or DBE subconsultant obtains the CITY’s written consent. CONSULTANT shall not terminate or substitute a listed DBE for convenience and perform the work with their own forces or obtain materials from other sources without authorization from the CITY. Unless the CITY’s consent is provided, the CONSULTANT shall not be entitled to any payment for work or material unless it is performed or supplied by the listed DBE on the Exhibit 10-02 Consultant Contract DBE Commitment form, included in the Bid.

The CITY authorizes a request to use other forces or sources of materials if CONSULTANT shows any of the following justifications:

1. Listed DBE fails or refuses to execute a written contract based on plans and specifications for the project.

2. The CITY stipulated that a bond is a condition of executing the subcontract and the listed DBE fails to meet the CITY’s bond requirements.

3. Work requires a consultant's license and listed DBE does not have a valid license under Contractors License Law.

4. Listed DBE fails or refuses to perform the work or furnish the listed materials (failing or refusing to perform is not an allowable reason to remove a DBE if the failure or refusal is a result of bad faith or discrimination).

5. Listed DBE's work is unsatisfactory and not in compliance with the contract.

6. Listed DBE is ineligible to work on the project because of suspension or debarment.

7. Listed DBE becomes bankrupt or insolvent.

8. Listed DBE voluntarily withdraws with written notice from the Contract

9. Listed DBE is ineligible to receive credit for the type of work required.

10. Listed DBE owner dies or becomes disabled resulting in the inability to perform the work on the Contract.

11. The CITY determines other documented good cause.

CONSULTANT shall notify the original DBE of the intent to use other forces or material sources and provide the reasons and provide the DBE with 5 days to respond to the notice and advise CONSULTANT and the CITY of the reasons why the use of other forces or sources of materials should not occur.

CONSULTANT’s request to use other forces or material sources must include:

1. One or more of the reasons listed in the preceding paragraph.

2. Notices from CONSULTANT to the DBE regarding the request.

3. Notices from the DBEs to CONSULTANT regarding the request.

If a listed DBE is terminated or substituted, CONSULTANT must make good faith efforts to find another DBE to substitute for the original DBE. The substitute DBE must perform at least the same amount of work as the original DBE under the contract to the extent needed to meet or exceed the DBE goal.
#7..
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AECOM Corporation A-20 City of Modesto
Briggsmore Avenue at State Route 99 Interchange Improvement Project F. Commitment and Utilization
The CITY’s DBE program must include a monitoring and enforcement mechanism to ensure that DBE commitments reconcile to DBE utilization.

The CITY shall request CONSULTANT to:

1. Notify the CITY’s contract administrator or designated representative of any changes to its anticipated DBE participation

2. Provide this notification before starting the affected work

3. Maintain records including:
 Name and business address of each 1st-tier subconsultant  Name and business address of each DBE subconsultant, DBE vendor, and DBE trucking company, regardless of tier
 Date of payment and total amount paid to each business (see Exhibit 9-F Monthly Disadvantaged Business Enterprise Payment)
If CONSULTANT is a DBE CONSULTANT, they shall include the date of work performed by their own forces and the corresponding value of the work.

If a DBE is decertified before completing its work, the DBE must notify CONSULTANT in writing of the decertification date. If a business becomes a certified DBE before completing its work, the business must notify CONSULTANT in writing of the certification date. CONSULTANT shall submit the notifications to the CITY. On work completion, CONSULTANT shall complete a Disadvantaged Business Enterprises (DBE) Certification Status Change, Exhibit 17-O, form and submit the form to the CITY within 30 days of contract acceptance.

Upon work completion, CONSULTANT shall complete Exhibit 17-F Final Report – Utilization of Disadvantaged Business Enterprises (DBE), First-Tier Subcontractors and submit it to the CITY within 90 days of contract acceptance. The CITY will withhold $10,000 until the form is submitted.

The CITY will release the withhold upon submission of the completed form.

In the CITY’s reports of DBE participation to Caltrans, the CITY must display both commitments and attainments.

G. A DBE is only eligible to be counted toward the AGREEMENT goal if it performs a commercially useful function (CUF) on the AGREEMENT. CUF must be evaluated on an agreement by agreement basis. A DBE performs a Commercially Useful Function (CUF) when it is responsible for execution of the work of the AGREEMENT and is carrying out its responsibilities by actually performing, managing, and supervising the work involved. To perform a CUF, the DBE must also be responsible, with respect to materials and supplies used on the AGREEMENT, for negotiating price, determining quality and quantity, ordering the material and installing (where applicable), and paying for the material itself. To determine whether a DBE is performing a CUF, evaluate the amount of work subcontracted, industry practices, whether the amount the firm is to be paid under the AGREEMENT is commensurate with the work it is actually performing, and other relevant factors.

H. A DBE does not perform a CUF if its role is limited to that of an extra participant in a transaction, AGREEMENT, or project through which funds are passed in order to obtain the appearance of DBE participation. In determining whether a DBE is such an extra participant, examine similar #7..
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AECOM Corporation A-21 City of Modesto
Briggsmore Avenue at State Route 99 Interchange Improvement Project transactions, particularly those in which DBEs do not participate.

I. If a DBE does not perform or exercise responsibility for at least thirty percent (30%) of the total cost of its AGREEMENT with its own work force, or the DBE subcontracts a greater portion of the work of the AGREEMENT than would be expected on the basis of normal industry practice for the type of work involved, it will be presumed that it is not performing a CUF.

J. CONSULTANT shall maintain records of materials purchased or supplied from all subcontracts entered into with certified DBEs. The records shall show the name and business address of each DBE or vendor and the total dollar amount actually paid each DBE or vendor, regardless of tier.

The records shall show the date of payment and the total dollar figure paid to all firms. DBE CONSULTANT’s shall also show the date of work performed by their own forces along with the corresponding dollar value of the work.

K. If a DBE subconsultant is decertified during the life of the AGREEMENT, the decertified subconsultant shall notify CONSULTANT in writing with the date of decertification. If a subconsultant becomes a certified DBE during the life of the AGREEMENT, the subconsultant shall notify CONSULTANT in writing with the date of certification. Any changes should be reported to CITY’s Contract Administrator within thirty (30) calendar days.

L. After submitting an invoice for reimbursement that includes a payment to a DBE, but no later than the 10th of the following month, the prime contractor/consultant shall complete and email the Exhibit 9-F: Disadvantaged Business Enterprise Running Tally of Payments to [email protected] with a copy to the Agency.

M. Any subcontract entered into as a result of this AGREEMENT shall contain all of the provisions of this section.

ARTICLE XIX INSURANCE REQUIREMENTS
The Consultant shall provide at its own expense and maintain at all times the following insurance with insurance companies licensed in the State of California and shall provide evidence of such insurance to the City as may be required by the Risk Manager of the City. The policies or certificates thereof shall provide that, thirty (30) days prior to cancellation or material change in the policy, notices of same shall be given to the Risk Manager of the City by PINS Insurance Program, for all of the following stated insurance policies.

In the event the certificates of insurance required hereunder do not provide for notice of cancellation to the certificate holder and/or additional insureds, the Consultant shall provide, and shall require its subcontractors to provide, as an express condition precedent to payment hereunder, an endorsement from their insurers providing that the additional insureds identified herein shall be provided 30 days notice of the cancellation on the policies of insurance required hereunder (10 days notice if the policies are cancelled for non-payment of premium). In addition, the named insured on all such policies shall provide to the additional insureds identified herein any notices of cancellation of said insurance policies within 5 business days of receipt of such notice. The Consultant shall, as a further express condition precedent to payment for work performed, affirm under penalty of perjury that the required insurance on the project remains in place and said insurance has not been cancelled. (a) General Liability insurance with a minimum limit of liability per occurrence of $1,000,000 for bodily injury and property damage. If Commercial General Liability Insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required #7..
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AECOM Corporation A-22 City of Modesto
Briggsmore Avenue at State Route 99 Interchange Improvement Project occurrence limit. This insurance shall indicate on the certificate of insurance the following coverages and indicate the policy aggregate limit applying to: premises and operations; broad form contractual; independent consultants and subcontractors; products and completed operations as applicable.
(b) Automobile Liability insurance with a minimum limit of liability per occurrence of $1,000,000 for bodily injury and property damage. This insurance shall cover any automobile for bodily injury and property damage.
(c) Worker's Compensation - in compliance with the statutes of the State of California, plus employer's liability with a minimum limit of liability of $1,000,000. (d) Professional Liability (Errors and Omissions) Insurance appropriates to the Consultant’s profession, with limits not less than $1,000,000 per occurrence or claim, $2,000,000 aggregate. If coverage is on a claims made basis it shall be maintained for at least three (3) years following completion of the work.

If at any time any of said policies shall be unsatisfactory to the City, as to form or substance, or if a company issuing such policy shall be unsatisfactory to the City, the Consultant shall promptly obtain a new policy, submit the same to the Risk Manager for approval and submit a certificate thereof as hereinabove provided. Upon failure of the Consultant to furnish, deliver or maintain such insurance and certificates as above provided, this Agreement, at the election of the City, may be forthwith declared suspended or terminated. Failure of the Consultant to obtain and/or maintain any required insurance shall not relieve the Consultant from any liability under this Agreement, nor shall the insurance requirements be construed to conflict with or otherwise limit the obligations of the Consultant concerning indemnification. The City, its agents, officers, officials, employees, and volunteers shall be named as an additional insured on all insurance policies required herein, except Workers' Compensation and Professional Liability. The Workers' Compensation insurer shall agree to waive all rights of subrogation against the City, its agents, officers, officials, employees, and volunteers for losses arising from work performed by Consultant for the City. The Consultant's insurance policy(ies) shall include a provision that the coverage is primary as respects the City; shall include no special limitations to coverage provided to additional insured; and, shall be placed with insurer(s) with acceptable Best's rating of A:VII or with approval of the Risk Manager. The Consultant must deliver certificates evidencing existence of the insurance listed above to the City prior to the time the contract is signed.

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

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

ARTICLE XX CHANGE IN TERMS
A. This AGREEMENT may be amended or modified only by mutual written agreement of the parties.

B. CONSULTANT shall only commence work covered by an amendment after the amendment is executed and notification to proceed has been provided by CITY’s Contract Administrator. #7..
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AECOM Corporation A-23 City of Modesto
Briggsmore Avenue at State Route 99 Interchange Improvement Project C. There shall be no change in CONSULTANT’s Project Manager or members of the project team, as listed in the approved Cost Proposal, which is a part of this AGREEMENT without prior written approval by CITY’s Contract Administrator.

ARTICLE XXI CONTINGENT FEE
CONSULTANT warrants, by execution of this AGREEMENT that no person or selling agency has been employed, or retained, to solicit or secure this AGREEMENT upon an agreement or understanding, for a commission, percentage, brokerage, or contingent fee, excepting bona fide employees, or bona fide established commercial or selling agencies maintained by CONSULTANT for the purpose of securing business. For breach or violation of this warranty, CITY has the right to annul this AGREEMENT without liability; pay only for the value of the work actually performed, or in its discretion to deduct from the AGREEMENT price or consideration, or otherwise recover the full amount of such commission, percentage, brokerage, or contingent fee.

ARTICLE XXII DISPUTES
Prior to either party commencing any legal action under this AGREEMENT, the parties agree to try in good faith, to settle any dispute amicably between them. If a dispute has not been settled after forty-five (45) days of good-faith negotiations and as may be otherwise provided herein, then either party may commence legal action against the other.

A. Any dispute, other than audit, concerning a question of fact arising under this AGREEMENT that is not disposed of by agreement shall be decided by a committee consisting of CITY’s Contract Administrator and City Engineer, who may consider written or verbal information submitted by CONSULTANT.

B. Not later than thirty (30) calendar days after completion of all deliverables necessary to complete the plans, specifications and estimate, CONSULTANT may request review by CITY Governing Board of unresolved claims or disputes, other than audit. The request for review will be submitted in writing.

C. Neither the pendency of a dispute, nor its consideration by the committee will excuse CONSULTANT from full and timely performance in accordance with the terms of this AGREEMENT.

ARTICLE XXIII INSPECTION OF WORK
CONSULTANT and any subconsultant shall permit CITY, the State, and the FHWA if federal participating funds are used in this AGREEMENT; to review and inspect the project activities and files at all reasonable times during the performance period of this AGREEMENT.

ARTICLE XXIV SAFETY
A. CONSULTANT shall comply with OSHA regulations applicable to CONSULTANT regarding necessary safety equipment or procedures. CONSULTANT shall comply with safety instructions issued by CITY Safety Officer and other CITY representatives. CONSULTANT personnel shall wear hard hats and safety vests at all times while working on the construction project site.

B. Pursuant to the authority contained in Vehicle Code §591, CITY has determined that such areas are within the limits of the project and are open to public traffic. CONSULTANT shall comply with all of the requirements set forth in Divisions 11, 12, 13, 14, and 15 of the Vehicle Code.

CONSULTANT shall take all reasonably necessary precautions for safe operation of its vehicles and the protection of the traveling public from injury and damage from such vehicles. #7..
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AECOM Corporation A-24 City of Modesto
Briggsmore Avenue at State Route 99 Interchange Improvement Project

ARTICLE XXV OWNERSHIP OF DATA
A. It is mutually agreed that all materials first prepared by CONSULTANT exclusively under this AGREEMENT shall become the property of City, and CONSULTANT shall have no property right therein whatsoever. Immediately upon termination and upon full payment of all funds due to Consultant, City shall be entitled to, and CONSULTANT shall deliver to City, reports, investigations, appraisals, inventories, studies, analyses, drawings and data estimates performed to that date, whether completed or not, and other such materials as may have been prepared or accumulated to date by CONSULTANT in performing this AGREEMENT which is not CONSULTANT’s privileged information, as defined by law, or CONSULTANT’s personnel information, along with all other property belonging exclusively to City which is in CONSULTANT’s possession. Publication of the information derived from work performed or data obtained in connection with services rendered under this AGREEMENT must be approved in writing by City.

B. Additionally, it is agreed that the Parties intend this to be an AGREEMENT for services and each considers the products and results of the services to be rendered by CONSULTANT hereunder to be work made for hire. CONSULTANT acknowledges and agrees that the work (and all rights therein, including, without limitation, copyright) belongs to and shall be the sole and exclusive property of City without restriction or limitation upon its use or dissemination by City.

C. Nothing herein shall constitute or be construed to be any representation by CONSULTANT that the work product is suitable in any way for any other project except the one detailed in this Contract. Any reuse by City for another project or project location shall be at City’s sole risk.

D. Applicable patent rights provisions regarding rights to inventions shall be included in the contracts as appropriate (48 CFR 27 Subpart 27.3 - Patent Rights under Government Contracts for federalaid contracts).

E. CITY may permit copyrighting reports or other agreement products. If copyrights are permitted; the AGREEMENT shall provide that the FHWA shall have the royalty-free nonexclusive and irrevocable right to reproduce, publish, or otherwise use; and to authorize others to use, the work for government purposes.

ARTICLE XXVI CLAIMS FILED BY CITY’s CONSTRUCTION CONTRACTOR A. If claims are filed by CITY’s construction contractor relating to work performed by CONSULTANT’s personnel, and additional information or assistance from CONSULTANT’s personnel is required in order to evaluate or defend against such claims; CONSULTANT agrees to make its personnel available for consultation with CITY’S construction contract administration and legal staff and for testimony, if necessary, at depositions and at trial or arbitration proceedings.

B. CONSULTANT’s personnel that CITY considers essential to assist in defending against construction contractor claims will be made available on reasonable notice from CITY.

Consultation or testimony will be reimbursed at the same rates, including travel costs that are being paid for CONSULTANT’s personnel services under this AGREEMENT.

C. Services of CONSULTANT’s personnel in connection with CITY’s construction contractor claims will be performed pursuant to a written contract amendment, if necessary, extending the termination date of this AGREEMENT in order to resolve the construction claims.

ARTICLE XXVII CONFIDENTIALITY OF DATA
A. All financial, statistical, personal, technical, or other data and information relative to CITY’s #7..
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AECOM Corporation A-25 City of Modesto
Briggsmore Avenue at State Route 99 Interchange Improvement Project operations, which are designated confidential by CITY and made available to CONSULTANT in order to carry out this AGREEMENT, shall be protected by CONSULTANT from unauthorized use and disclosure.

B. Permission to disclose information on one occasion, or public hearing held by CITY relating to the AGREEMENT, shall not authorize CONSULTANT to further disclose such information, or disseminate the same on any other occasion.

C. CONSULTANT shall not comment publicly to the press or any other media regarding the AGREEMENT or CITY’s actions on the same, except to CITY’s staff, CONSULTANT’s own personnel involved in the performance of this AGREEMENT, at public hearings, or in response to questions from a Legislative committee.

D. CONSULTANT shall not issue any news release or public relations item of any nature, whatsoever, regarding work performed or to be performed under this AGREEMENT without prior review of the contents thereof by CITY, and receipt of CITY’S written permission.

E. All information related to the construction estimate is confidential, and shall not be disclosed by CONSULTANT to any entity, other than CITY, Caltrans, and/or FHWA. All of the materials prepared or assembled by CONSULTANT pursuant to performance of this Contract are confidential and CONSULTANT agrees that they shall not be made available to any individual or organization without the prior written approval of City or except by court order. If CONSULTANT or any of its officers, employees, or subcontractors does voluntarily provide information in violation of this Contract, City has the right to reimbursement and indemnity from CONSULTANT for any damages caused by CONSULTANT releasing the information, including, but not limited to, City’s attorney’s fees and disbursements, including without limitation experts’ fees and disbursements.

ARTICLE XXVIII NATIONAL LABOR RELATIONS BOARD CERTIFICATION In accordance with Public Contract Code §10296, CONSULTANT hereby states under penalty of perjury that no more than one final unappealable finding of contempt of court by a federal court has been issued against CONSULTANT within the immediately preceding two-year period, because of CONSULTANT’s failure to comply with an order of a federal court that orders CONSULTANT to comply with an order of the National Labor Relations Board.

ARTICLE XXIX EVALUATION OF CONSULTANT
CONSULTANT’s performance will be evaluated by CITY. A copy of the evaluation will be sent to CONSULTANT for comments. The evaluation together with the comments shall be retained as part of the AGREEMENT record.

ARTICLE XXX PROMPT PAYMENT FROM THE CITY TO CONSULTANT
The CITY shall make any progress payment within 30 days after receipt of an undisputed and properly submitted payment request from CONSULTANT on a professional service contract. If the CITY fails to pay promptly, the CITY shall pay interest to the contractor, which accrues at the rate of 10 percent per annum on the principal amount of a money judgment remaining unsatisfied. Upon receipt of a payment request, the CITY shall act in accordance with both of the following:
(1) Each payment request shall be reviewed by the CITY as soon as practicable after receipt for the purpose of determining that the payment request is a proper payment request. (2) Any payment request determined not to be a proper payment request suitable for payment shall #7..
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AECOM Corporation A-26 City of Modesto
Briggsmore Avenue at State Route 99 Interchange Improvement Project be returned to CONSULTANT as soon as practicable, but not later than seven (7) days, after receipt. A request returned pursuant to this paragraph shall be accompanied by a document setting forth in writing the reasons why the payment request is not proper.

ARTICLE XXXI TITLE VI ASSURANCES
APPENDICES A - E of the TITLE VI ASSURANCES
The U.S. Department of Transportation Order No.1050.2A requires all federal-aid Department of Transportation contracts between an agency and a consultant to contain Appendices A and E of the Title VI Assurances.

APPENDIX A
During the performance of this Agreement, the contractor, for itself, its assignees and successors in interest (hereinafter collectively referred to as CONSULTANT) agrees as follows:
a. Compliance with Regulations: CONSULTANT shall comply with the regulations relative to nondiscrimination in federally assisted programs of the Department of Transportation, Title 49, Code of Federal Regulations, Part 21, as they may be amended from time to time, (hereinafter referred to as the REGULATIONS), which are herein incorporated by reference and made a part of this agreement.
b. Nondiscrimination: CONSULTANT, with regard to the work performed by it during the AGREEMENT, shall not discriminate on the grounds of race, color, sex, national origin, religion, age, or disability in the selection and retention of sub-applicants, including procurements of materials and leases of equipment. CONSULTANT shall not participate either directly or indirectly in the discrimination prohibited by Section 21.5 of the Regulations, including employment practices when the agreement covers a program set forth in Appendix B of the Regulations.
c. Solicitations for Sub-agreements, Including Procurements of Materials and Equipment: In all solicitations either by competitive bidding or negotiation made by CONSULTANT for work to be performed under a Sub- agreement, including procurements of materials or leases of equipment, each potential sub-applicant or supplier shall be notified by CONSULTANT of the CONSULTANT’S obligations under this Agreement and the Regulations relative to nondiscrimination on the grounds of race, color, or national origin. d. Information and Reports: CONSULTANT shall provide all information and reports required by the Regulations, or directives issued pursuant thereto, and shall permit access to its books, records, accounts, other sources of information, and its facilities as may be determined by the recipient or FHWA to be pertinent to ascertain compliance with such Regulations or directives.

Where any information required of CONSULTANT is in the exclusive possession of another who fails or refuses to furnish this information, CONSULTANT shall so certify to the recipient or FHWA as appropriate, and shall set forth what efforts CONSULTANT has made to obtain the information.
e. Sanctions for Noncompliance: In the event of CONSULTANT’s noncompliance with the nondiscrimination provisions of this agreement, the recipient shall impose such agreement sanctions as it or the FHWA may determine to be appropriate, including, but not limited to:
i. withholding of payments to CONSULTANT under the Agreement within a reasonable period of time, not to exceed 90 days; and/or
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AECOM Corporation A-27 City of Modesto
Briggsmore Avenue at State Route 99 Interchange Improvement Project ii. cancellation, termination or suspension of the Agreement, in whole or in part. f. Incorporation of Provisions: CONSULTANT shall include the provisions of paragraphs (1) through (6) in every sub-agreement, including procurements of materials and leases of equipment, unless exempt by the Regulations, or directives issued pursuant thereto.

CONSULTANT shall take such action with respect to any sub-agreement or procurement as the recipient or FHWA may direct as a means of enforcing such provisions including sanctions for noncompliance, provided, however, that, in the event CONSULTANT becomes involved in, or is threatened with, litigation with a sub-applicant or supplier as a result of such direction, CONSULTANT may request the recipient enter into such litigation to protect the interests of the State, and, in addition, CONSULTANT may request the United States to enter into such litigation to protect the interests of the United States.

APPENDIX E
During the performance of this contract, the CONSULTANT, for itself, its assignees, and successors in interest (hereinafter referred to as the “CONSULTANT”) agrees to comply with the following nondiscrimination statutes and authorities, including, but not limited to:

Pertinent Non-Discrimination Authorities:
 Title VI of the Civil Rights Act of 1964 (42 U.S.C. § 2000d et seq., 78 stat. 252), prohibits discrimination on the basis of race, color, national origin); and 49 CFR Part 21.  The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, (42 U.S.C. § 4601), (prohibits unfair treatment of persons displaced or whose property has been acquired because of Federal or Federal-aid programs and projects);  Federal-Aid Highway Act of 1973, (23 U.S.C. § 324 et seq.), prohibits discrimination on the basis of sex;
 Section 504 of the Rehabilitation Act of 1973, (29 U.S.C. § 794 et seq.), as amended, (prohibits discrimination on the basis of disability); and 49 CR Part 27;  The Age Discrimination Act of 1975, as amended, (42 U.S.C. § 6101 et seq.), prohibits discrimination on the basis of age);
 Airport and Airway Improvement Act of 1982, (49 U.S.C. § 471, Section 47123), as amended, (prohibits discrimination based on race, creed, color, national origin, or sex);  The Civil Rights Restoration Act of 1987, (PL 100-209), (Broadened the scope, coverage and applicability of Title VI of the Civil Rights Act of 1964, The Age Discrimination Act of 1975 and Section 504 of the Rehabilitation Act of 1973, by expanding the definition of the terms “programs or activities” to include all of the programs or activities of the Federal-aid recipients, sub-recipients and contractors, whether such programs or activities are Federally funded or not);
 Titles II and III of the Americans with Disabilities Act, which prohibit discrimination of the basis of disability in the operation of public entities, public and private transportation systems, places of public accommodation, and certain testing entities (42 U.S.C. §§ 12131 – 12189) as implemented by Department of Transportation regulations 49 C.F.R. parts 37 and 38;  The Federal Aviation Administration’s Non-discrimination statute (49 U.S.C. § 47123) (prohibits discrimination on the basis of race, color, national origin, and sex);  Executive Order 12898, Federal Actions to Address Environmental Justice in Minority Populations and Low-Income Populations, which ensures discrimination against minority populations by discouraging programs, policies, and activities with disproportionately high and #7..
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AECOM Corporation A-28 City of Modesto
Briggsmore Avenue at State Route 99 Interchange Improvement Project adverse human health or environmental effects on minority and low-income populations;  Executive Order 13166, Improving Access to Services for Persons with Limited English Proficiency, and resulting agency guidance, national origin discrimination includes discrimination because of limited English proficiency (LEP). To ensure compliance with Title VI, you must take reasonable steps to ensure that LEP persons have meaningful access to your programs (70 Fed. Reg. at 74087 to 74100);
 Title IX of the Education Amendments of 1972, as amended, which prohibits you from discriminating because of sex in education programs or activities (20 U.S.C. 1681 et seq).

ARTICLE XXXII NOTIFICATION
All notices hereunder and communications regarding interpretation of the terms of this AGREEMENT and changes thereto, shall be effected by the mailing thereof by registered or certified mail, return receipt requested, postage prepaid, and addressed as follows:

CONSULTANT: AECOM Corporation
Howard Michael, PE, Associate Vice President/Project Manager 2020 L Street, Suite 400
Sacramento, CA 95811
Phone: (916) 414-5800
CITY: City of Modesto
John Rawles, Project Manager
1010 Tenth Street, Suite 3100
Modesto, CA 95354
Or Mail to: P.O. Box 642, Modesto CA 95353
Phone: (209) 577-5253

ARTICLE XXXIII CONTRACT
The two parties to this AGREEMENT, who are the before named CONSULTANT and the before named CITY, hereby agree that this AGREEMENT constitutes the entire AGREEMENT which is made and concluded in duplicate between the two parties. Both of these parties for and in consideration of the payments to be made, conditions mentioned, and work to be performed; each agree to diligently perform in accordance with the terms and conditions of this AGREEMENT as evidenced by the signatures below.

ARTICLE XXXIV SIGNATURES
IN WITNESS WHEREOF, the City of Modesto, a municipal corporation, has authorized the execution of this AGREEMENT in duplicate by its City Manager and attestation by its City Clerk under authority of Resolution No. 2023-________, adopted by the Council of the City of Modesto on the ___ day of ____, 2023, and CONSULTANT, has caused this AGREEMENT to be duly executed in duplicate. (Signatures on next page)
3/27/2023 Reviewed by PH
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AECOM Corporation A-29 City of Modesto
Briggsmore Avenue at State Route 99 Interchange Improvement Project #7..
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APPENDIX A
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City of Modesto
SR99 at Standiford Avenue/Beckwith Road
SR99 at Briggsmore Avenue
Interchange Improvement Project
APPENDIX A: REQUIRED SCOPE OF WORK AND DELIVERABLES

INTRODUCTION
The City of Modesto is the sponsor for the SR99 at Standiford Avenue/Beckwith Road Interchange Improvement Project (Herein after referred to as Standiford Road Interchange Project) and intends to retain professional engineering services for the PID and PA&ED Phases of the Project. The Project will be implemented by City of Modesto; however, there will be considerable coordination with Project stakeholders including FHWA, Caltrans, StanCOG, and Stanislaus County. Consultant will serve as City of Modesto’s development implementation and delivery team by providing technical and engineering services, including but not limited to, project management, environmental, hydraulics, traffic analysis, structural, outreach, design, and right-of-way, and other support services as required. Consultant’s team will integrate seamlessly with City’s Project Team which may include consultants and City management team members to ensure the successful delivery of the Project Environmental Document.

The Project includes improvements to the interchange along SR99 at Standiford Avenue ranging from operational improvements to the ramps to complete replacement of the overcrossing structures to relieve freeway and interchange congestion, enhance safety, improve business access and provide new pedestrian and bicycle paths along the north and south side of the crossing structures.

City of Modesto intends to conduct a Traffic Engineering Corridor analysis and feasibility study for the State Route 99 corridor as a separate contract endeavor. This study will include SR99 at Standiford Avenue and SR99 at Briggsmore Road interchanges along with approximately 10 signalized intersections within the sphere of influence for each interchange. This study will also analyze traffic at the SR99/Kansas Interchange to the south and the SR99/Pelandale Interchange to the north. Traffic subconsultants engaged under this Interchange PID/PAED contract will not be precluded from proposing on the separate Traffic Engineering Corridor study.

The objective of this Interchange RFP is to obtain an approved PID and PA&ED package for the Project.

The Consultant is encouraged to deliver the Project as expeditiously as possible, including advancement of environmental activities during the PID phase, to position the Project to be competitive for discretionary funding opportunities at the regional, state, and federal level.

The SR99/Standiford Interchange has been constructed in a piecemeal manner in response to changing demands and available funding over time. Now deficiencies are such that a complete overhaul is necessary to maintain flows into the future. As such an analysis must be performed to understand the Traffic Engineering first and then look for ways to make improvements. The City understands that this could result in radical changes impacting businesses and the local roadways, and is looking for innovation in moving the design forward for the future.

Initial thought is that the SR99 overcrossing needs to be reconstructed to accommodate 8 lanes of traffic on the SR99 mainline. This work is complicated by the presence of local traffic signals at less than ideal spacing in the immediate vicinity of the interchange. Interchange reconstruction and local roadway realignment will be further frustrated by the presence of a major electrical substation and drainage facility in the NE quadrant. This interchange also serves as a grade separated crossing of the Union Pacific Railroad and future expansion of the ACE Rail system. There are significant political entities that will likely oppose some or all proposed design elements. Successful proposers will advise the City on the best plan of action to address impacts of design to major retail businesses, as well as future expansion and development of the areas west of the interchange. Consultant’s task will be to successfully navigate these #7..
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City of Modesto
SR99 at Standiford Avenue/Beckwith Road
SR99 at Briggsmore Avenue
Interchange Improvement Project
issues to meet the schedule delivery as requested.

SCOPE OF WORK
The Consultant shall be familiar with and will be responsible for providing and performing all activities necessary to successfully deliver the Project through the Caltrans PID and PA&ED phases. The Consultant should identify and explain the necessity for any additional tasks not within the scope of services detailed below, including any modified assumptions, required in order to successfully deliver PID and PA&ED packages. The key elements to deliver from the scope of services are as follows:
• Project Management
• PSR-PDS
• Draft & Final Environmental Document
• Draft & Final Project Report
• Approved CEQA and NEPA Environmental Document
TASK 1: PROJECT MANAGEMENT
This task includes all work by the Consultant to effectively manage the scope, cost, and schedule of the Project. This may include but is not limited to the following activities and deliverables identified below:

A. Contract Administration:

1. Prepare and submit monthly progress reports and invoices in conformance with Sample Contract Appendix C (Consultant Payment Request Form).

2. Coordinate its in-house design staff and subconsultants to assure free and timely flow of information for each task activity.

3. Manage contract costs.

B. Project Control:

1. Prepare and obtain consensus for a Project Implementation Plan that describes the overall project methodology approach and assumptions and documentation requirements to complete PA&ED.

2. Prepare a detailed CPM milestone schedule, and submit an updated electronic file schedule on a quarterly or as-requested basis. Prepare, update, and submit a four-week Horizon Schedule at the regular PDT progress meetings.

3. Develop and maintain a QA/QC Program.

4. Prepare and update a project Engineering Project Performance Report (EPPR) that tracks actual schedule progress against baseline targeted goals.

5. Maintain project records.

6. Prepare and maintain a Risk Management Plan.

C. Project Communications:

1. Prepare and submit correspondence and memos, including all meeting minutes.

2. Maintain project factsheet, web-page information, or other public materials to update the public and elected officials of project progress.

3. Support and prepare materials such as maps and drawings as may be requested for meetings #7..
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City of Modesto
SR99 at Standiford Avenue/Beckwith Road
SR99 at Briggsmore Avenue
Interchange Improvement Project
beyond those dictated as part of the environmental process including but not limited to:

City presentations, Technical Advisory Committees, and other stakeholders.

D. Project Meetings:

1. Initiate and conduct monthly PDT (first to begin two months from NTP).

2. Coordination meetings as may be required to obtain required deliverables.

TASK 2: DEVELOP PSR-PDS
Consultant will investigate build alternatives and a No-build condition to provide traffic congestion relief and travel reliability in the corridor. The result of this task will be an approved PSR-PDS to enable an informed decision by the Project stakeholders to proceed toward Project approval. This task may include but is not limited to the following activities and deliverables identified below:

A. Develop general design concepts and related activities needed to establish the basis for final design including: Geometrics, Hydraulics, Bridge, Landscape Architecture, Traffic Electrical, Traffic Operation and Communications.

B. Collect and review all relevant mapping, reports and other information including site visits and field reviews to verify project features to support preliminary engineering design, cost estimates, right of way impacts, and environmental clearances.

C. Evaluate multi-modal elements including Bike, Pedestrian, and Mass Transit modes.

D. Prepare all necessary documents and other information to complete PSR-PDS and supporting documentation in accordance with Caltrans latest PDPM.

E. Develop a minimum of three design alternatives (variations) and the supporting documentation.

F. Determine the right of way, utilities easements, order of magnitude cost estimates and permit, agreements and license requirements for each of the design variations.

G. Prepare required reports to document various studies and design elements for value engineering opportunities, addressing those elements where it may appear that significant cost savings or other advantages can be realized.

H. Prepare a Draft PSR-PDS, and circulate to participating agencies and other interested parties for review, comment and ultimate approval.

TASK 3: DRAFT PROJECT REPORT & FINAL PROJECT REPORT
This Task includes all work necessary to prepare and obtain an approved Project Report for the Project. Caltrans will approve the Project Report following approval of the environmental document. This task may include but is not limited to the following activities and deliverables identified below:

A. Prepare Traffic Studies: includes researching, reviewing and updating existing traffic data, collecting and analyzing new data, running traffic models, preparing traffic forecasts and traffic operational analysis along with all the necessary supporting documentation. Consultant will use methodology, software and techniques accepted by Caltrans and CITY.

1. The lane opening year is assumed to be year 2030. Consultant will collect traffic data for all the intersections in the immediate vicinity of the SR99/Standiford Avenue Interchange. This includes significant commercial driveway entrance/exit connections at the Vintage Faire shopping Mall and adjacent area strip malls. A more comprehensive #7..
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City of Modesto
SR99 at Standiford Avenue/Beckwith Road
SR99 at Briggsmore Avenue
Interchange Improvement Project
study and analysis of the SR99 corridor between Standiford and Briggsmore interchanges will be provided by the Traffic Corridor Study consultant team.

2. Existing Conditions Analysis: Build two-hour AM and PM peak period models for SR99/Standiford Interchange for the limits presented above.

3. Traffic Forecasts/Modeling: Consultant should utilize the latest available data from the County’s Travel Demand Forecasting (TDF) models to develop Year 2045 AM and PM peak hour traffic forecasts based on land use assumptions from the City Land Use and Transportation Elements (LUTE). Forecasts will be prepared for the SR99 mainline and the study intersections.

B. Perform Preliminary Engineering: Includes compiling and reviewing existing data pertinent to the Project, planning activities, identifying and requesting supplemental information and surveys, establishing coordination with any adjacent projects, obtaining information and requirements for utilities, right-of-way and permits, defining and refining the study alternative, preparing base mapping, developing preliminary utility impacts, and preparing the preliminary cost estimate:

1. Data Collection and Review: Consultant should obtain and review available data and information necessary for planning and preliminary engineering of the Project. The information may be obtained from City of Modesto, Caltrans, local agencies, utility owners, and other agencies and organizations.

2. Permits: Consultant will secure permits from the appropriate entities to obtain physical access, as may be required, to confirm site conditions.

3. Base Mapping: Prepare mapping suitable for the PA&ED and with expanded details for potential use in the final design of the Project. Mapping shall be prepared in a format consistent with Caltrans drafting standards.

4. Develop Alternatives: Consultant should incorporate Complete Streets Concepts, Context Sensitive Solutions, and other urban design concepts as applicable.

5. Preliminary Cost Estimate: The preliminary cost estimate will be prepared in Caltrans DPR/PR format.

TASK 4: CEQA AND NEPA ENVIRONMENTAL DOCUMENT
This task includes all work necessary to prepare and obtain approval of the environmental document including but not limited to preparing environmental technical studies, defining the type of environmental document, preparing and circulating the documents, and public outreach.

Caltrans will be the lead agency for both CEQA and NEPA compliance. For State environmental clearance under CEQA, this Project is expected to require an Impact Statement. For Federal environmental clearance under NEPA, this Project is expected to require an Environmental Assessment.

The Consultant should expect to prepare a combined IS/EA. The determination of the actual CEQA and NEPA document type will be made based on consultation with Caltrans, City of Modesto and the PDT.

Consultant shall assume two revisions of the administrative draft prior to preparing the public draft for distribution and two iterations of the administrative final IS/EA prior to preparing the final document for environmental clearance. As such, this scope assumes that revisions will be minor to moderate and will not require additional or new analysis.

A. Environmental technical studies will be prepared in accordance with guidance from Caltrans SER and input from relevant resource agencies and local jurisdictions.

B. In accordance with Caltrans guidelines, the technical studies must be completed and approved by #7..
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City of Modesto
SR99 at Standiford Avenue/Beckwith Road
SR99 at Briggsmore Avenue
Interchange Improvement Project
Caltrans staff prior to the commencement of the environmental document.

C. An administrative draft of each technical study will be submitted to Caltrans for review.

D. It is assumed that a comment/resolution matrix will accompany comments from Caltrans, so that a record of requested revisions is available for each technical study.

E. The technical studies will be revised per Caltrans comments and a completed matrix indicating how comments have been addressed will be provided.

F. Individual meetings with Caltrans reviewers will be held to address unresolved comments followed by the preparation of a final version of the technical study. It is assumed that Caltrans will review the document on behalf of FHWA under the NEPA delegation agreement and no separate FHWA NEPA review will be required.

G. Following Caltrans District Approval of the Draft IS/EA, copies (hard copy and electronic) will be prepared for circulation.

H. Consultant should prepare the Notice of Completion and deliver 15 copies to the State Clearinghouse.

Notice of Availability in a local newspaper of general circulation will start the public review period for the Draft IS/EA. A PDF version of the Draft IS/EA also will be prepared for posting on the City of Modesto and Caltrans websites.

I. Written comments and responses from the public circulation shall be prepared. It is assumed that all comments can be addressed through revisions to the Draft IS/EA and that no technical studies shall require updates or changes.

J. Comments and Final IS/EA: Two (2) reviews of the Final IS/EA are assumed prior to Caltrans acceptance.

K. Public Outreach: Public involvement activities during the PA&ED phase will meet the requirements of CEQA/NEPA, Caltrans and City of Modesto procedures.

DELIVERABLES AND REVIEW:

PROJECT DELIVERY SCHEDULE
Consultant team will provide a proposed project development schedule that meets the above timeline or provide an alternate of its own choosing.

As CEQA/NEPA lead, Caltrans will provide oversight of the preparation of the documents required for the PID and PA&ED packages. All work products and deliverables shall be prepared in accordance with the latest Caltrans regulations, policies, procedures, manuals and standards, including compliance with FHWA requirements.

Q1 Q2 Q3 Q4 Q1 Q2 Q3 Q4 Q1 Q2 Q3 Q4 Q1 Q2 Q3 Q4
PID
PAED
PS&E
ROW
PS&E
ROW
Note: Phase Overlap Proposes "Design-At-Risk" Strategy
PID
PAED
YEAR 1 YEAR 2 YEAR 3 YEAR 4

INTERCHANGE DESIGN TIMELINE
PHASE
YEAR 1 YEAR 2 YEAR 3 YEAR 4
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City of Modesto
SR99 at Standiford Avenue/Beckwith Road
SR99 at Briggsmore Avenue
Interchange Improvement Project
In case of conflict, ambiguities, discrepancies, errors or omissions among the reference materials obtained by the Consultant from other agencies, the Consultant shall submit the matter to City of Modesto for clarification. Any work affected by such conflicts, ambiguities, discrepancies, errors or omissions which is performed by the Consultant before clarification by City of Modesto shall be at the Consultant's risk. Such conflicts, ambiguities, discrepancies, errors or omissions among the references shall not give rise to a claim by the Consultant for extra work unless the Consultant can demonstrate that it has incurred additional expenses as a result thereof.

All submittals of final technical reports and drawings shall be provided electronically in Adobe Acrobat PDF format or Microsoft Word format or Microsoft Word and/or Microsoft Excel format, and MicroStation format, as directed by City of Modesto. The number of required hard copy submittal shall meet Caltrans requirements. City of Modesto will require five sets of hard copies for its use.

The Consultant shall assume a minimum review time of 10 working days for City of Modesto’s review of the following documents, prior to releasing for initial review by stakeholders:

Administrative draft of PSR-PDS Administrative draft of PEAR Draft Need and Purpose Statement Draft travel model forecasts of existing and forecasted traffic Draft existing and forecasted traffic operations Administrative draft of TOAR
Administrative draft of all other environmental technical studies Draft project cost estimate Administrative draft of Design Exception Factsheets Draft public meeting displays/other meeting materials Administrative draft of IS/EA Administrative draft of Project Report Administrative draft of NOP, NOD and ROD filings.

The consultant shall assume that all other review will follow Caltrans Oversight Review timelines. #7..
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APPENDIX H
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SR99 at Briggsmore Avenue/Carpenter Road Interchange Improvement Project, RFP 2022-11 10-H Form

DIRECT LABOR
EE Classification Hours Raw Rate Total
721361 Principal-In-Charge* 48 153.30 $7,358
706983 Project Manager* 2412 134.16 $323,594
713526 Project Advisor* 468 146.57 $68,595
689607 Quality Assurance 240 83.00 $19,920
685792 Roadway Lead* 2274 120.89 $274,904
684130 Sr. Hwy Engineer 1044 81.38 $84,961
710574 Sr. Project Engineer 996 76.29 $75,985
686251 Project Engineer 812 78.51 $63,750
Staff Engineer 1244 54.80 $68,171
686696 Roadway QC* 40 117.45 $4,698
Sr. CAD Designer 384 96.09 $36,899
690779 Utiilty Engineer 216 94.15 $20,336
682806 Geotechnical QC 40 99.22 $3,969
Rail QC 24 80.09 $1,922
635302 Rail Lead 180 101.99 $18,358
632651 Structures Lead* 530 124.74 $66,112
709548 Sr. Structural Engineer 432 93.30 $40,306
709256 Structural Engineer 352 71.09 $25,024
Structural Staff Engineer 304 54.07 $16,437
684919 Structure CAD 360 49.46 $17,806
720625 Structure QC 40 136.28 $5,451
724135 Sr. Economist* 712 120.86 $86,052
646639 Economist* 700 70.00 $49,000
691581 Environmental Lead* 728 90.02 $65,535
Admin/Project Controls 788 45.76 $36,059
Labor Escalation (69 months assumed) 15.42% $228,475
Total Direct Labor 15,368 $1,709,676
Overhead 128.43% $2,195,737
Fee 10% $390,541
Total Labor $4,295,955

SUBCONSULTANTS
LSA $566,225
Crawford & Associates $101,234
Bennett Engineering $285,482
Procura 360 $54,338
AIM Consulting $114,948
NorthStar Engineering $101,649
Kittleson & Associates/ STS $385,543
Design Workshop $116,664
Myers and Sons $117,500
Sub 10 $0
Sub 11 $0
Sub 12 $0
Sub 13 $0
Sub 14 $0
Sub 15 $0
Sub 16 $0
Subtotal Subconsultants $1,843,584
Markup 5.00% $92,179
Total Subconsultants $1,935,763

EXPENSES
Printing $5,400
Postage, Travel, Misc. $9,200
Environmental Studies $17,897
Public Outreach $5,355
Hydrology/Hydraulics $1,604
Geotechnical $28,909
Traffic Studies $17,425
Value Engineering $1,602
Surveying $60,900
Subtotal Subconsultants $148,292
Markup 0% $0
Total Expenses $148,292
SUBTOTAL PROJECT COST ESTIMATE $6,380,010
CONTINGENCY 10% $638,001
TOTAL PROJECT COST ESTIMATE $7,018,011
2/10/2023
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SR99 at Briggsmore Avenue/Carpenter Road Interchange Improvement Project

LABOR ESTIMATE
AECOM LABOR SUBCONSULTANTS LABOR ODCs
ID CODE DELIVERABLE Principal-In-Charge*
Project Manager*
Project Advisor*
Quality Assurance
Roadway Lead*
Sr. Hwy Engineer
Sr. Project Engineer
Project Engineer
Staff Engineer
Roadway QC*
Sr. CAD Designer
Utiilty Engineer
Geotechnical QC
Rail QC
Rail Lead
Structures Lead*
Sr. Structural
Engineer
Structural Engineer
Structural Staff
Engineer
Structure CAD
Structure QC
Sr. Economist*
Economist*
Environmental Lead*
Admin/Project
Controls

AECOM LABOR
TOTAL
LSA
Crawford &
Associates
Bennett Engineering
Procura 360
AIM Consulting
NorthStar
Engineering
Kittleson &
Associates/ STS
Design Workshop
Myers and Sons

TOTAL LABOR
Printing
Postage, Travel,
Misc.

Environmental
Studies
Public Outreach
Hydrology/Hydraulics
Geotechnical
Traffic Studies
Value Engineering
Surveying

TOTAL COST

CVL CVL CVL CVL CVL CVL CVL CVL CVL CVL CVL CVL GEO PTL PTL STR STR STR STR STR STR ENV ENV ENV CVL SUB SUB SUB SUB SUB SUB SUB SUB SUB ODC ODC ODC ODC ODC ODC ODC ODC ODC TASK 1: Project Management 1.1 Project Management & Coordination 40 408 40 120 120 728 728 $1,500 $253,045

1.2 Invoices/Progress Reports (72) 102 72 408 582 582 $119,0831.3 Scheduling 68 72 140 140 $51,7041.4 Quality Control 8 80 24 240 40 40 24 40 496 496 $149,1841.5 Risk Management Plan 40 12 24 76 76 $29,080

1.6 Meetings

1.6.1 Kick-off Meeting 16 8 16 88 2 88 74 74 $500 $24,8491.6.2 PDT Meetings (60) 180 180 40 40 10 40 80 570 570 $3,900 $187,921

1.6.3 Technical, agency, and design coordination Meetings (25) 75 150 20 20 40 305 305 $100,236

1.6.4 Executive Team Coordination and Meetings (25 255 200 100 555 104 659 $1,000 $223,279 Task 1 Subtotal 48 1,224 284 240 634 0 0 0 0 40 0 0 40 24 68 68 0 0 0 0 40 12 0 48 756 3,526 0 0 0 0 0 0 104 0 0 3,630 $0 $6,900 $0 $0 $0 $0 $0 $0 $0 $1,138,381 TASK 2: PSR-PDS2.1 Data Collection

2.1.1 Existing Aerial Mapping 16 24 16 16 72 72 $22,6402.1.2 Review Existing Reports 24 40 40 8 24 136 136 $43,2632.1.3 Utility Investigations 16 24 40 80 160 160 $200 $43,0432.1.4 Project Site Reviews 24 32 32 8 96 96 $500 $31,506

2.2 Draft Purpose & Need 16 4 4 24 20 44 $11,789

2.3 Develop Alternatives 80 8 180 240 280 280 220 80 40 120 120 120 120 120 2,008 2,008 $485,753

2.4 Engineering Studies

2.4.1 Life Cycle Cost Analysis 240 42 42 $14,8752.4.2 Constructability Reviews 24 16 40 16 4 16 116 60 176 $55,7182.4.3 Preliminary Environmental Analysis Report (PEAR) 24 24 24 72 200 272 $59,7652.4.4 Design Standards Risk Assessment 12 2 12 40 40 40 146 146 $37,127

2.4.5 Structures PSR-PDS Cost Estimate 8 24 40 80 40 192 40 232 $55,2572.4.6 Preliminary Traffic Analysis 24 24 342 366 $6,300 $97,0792.4.7 Stormwater Evaluation 8 8 80 96 242 338 $67,5302.4.8 Right-of-Way, Utility and Railroad Impacts 40 8 40 40 40 40 208 208 $56,5902.4.9 Assess Local and Regional Planning Frameworks 8 8 8 24 24 $9,319

2.5 Cost Estimates 8 8 40 80 80 16 16 248 140 388 $89,347

2.6 Prepare PSR – PDS

2.6.1 Draft PSR – PDS 40 8 80 40 40 16 224 224 $500 $100 $70,084

2.6.2 Final PSR – PDS 20 4 40 20 20 16 120 120 $500 $100 $37,431

2.7 Funding Application Assistance 60 40 700 700 1,500 392 1,892 $518,206 Task 2 Subtotal 0 452 48 0 608 392 556 440 380 0 96 136 0 0 108 192 160 200 160 120 0 700 700 60 0 5,508 220 0 242 0 0 0 734 0 240 6,944 $1,000 $900 $0 $0 $0 $0 $6,300 $0 $0 $1,806,320TASK 3: Project Report3.1 Traffic Studies

3.1.1 Existing Conditions Report 8 8 16 120 136 $1,050 $35,543

3.1.2 Forecasting Memorandum 8 8 16 180 196 $1,050 $49,8313.1.3 Traffic Operations Analysis Report 8 8 16 332 348 $6,300 $91,2773.1.4 Interchange Area Safety Assessment 8 8 16 32 124 156 $1,050 $42,702

3.1.5 Multimodal Assessment 8 8 16 32 106 138 $1,675 $39,040

3.2 Preliminary Engineering

3.2.1 Data Collection & Site Reconnaissance 8 16 16 16 8 8 16 8 8 104 104 $500 $29,0613.2.2 Project Implementation Plan 8 8 16 16 $6,5143.2.3 Base Mapping 816 24 48 790 838 $869 $60,900 $182,3663.2.4 Modify Build Alternatives 40 8 80 80 80 80 24 16 8 24 8 16 464 464 $126,0343.2.5 Preliminary Engineering Drawings 60 80 120 120 120 120 40 40 16 716 490 280 1,486 $314,772

3.2.6 Constructability Reviews 24 16 40 16 4 16 116 80 196 $60,6533.2.7 Preliminary Cost Estimate 8 8 24 24 40 40 8 8 4 24 24 24 236 180 416 $97,841

3.3 Technical Studies

3.3.1 Right of Way (R/W) Requirements & Data Sheet 40 12 60 60 172 172 $51,2393.3.2 Preliminary Geotechnical Reports 8 16 8 32 173 205 $10,500 $50,3653.3.3 Geotechnical Design/Materials Report 8 24 8 40 386 426 $2,625 $10,500 $90,573

3.3.4 Life Cycle Cost Analysis (LCCA) 8 80 88 88 $31,1623.3.5 Draft Agreements 60 16 16 24 116 116 $39,5723.3.6 Storm Water Data Report 8 8 16 8 16 56 250 306 $60,7873.3.7 Drainage Report 24 40 40 40 144 370 514 $735 $104,157

3.3.8 Conceptual Stage Construction / TMP Data Sheet. 20 24 80 80 204 204 $46,6133.3.9 Structure Advance Planning Studies 16 24 16 160 200 120 120 240 896 896 $209,094

3.3.10 Aesthetic Guidelines 24 16 96 124 240 80 16 596 420 1,016 $202,3193.3.11 Design Standard Decision Document 24 32 60 40 40 196 196 $52,2253.3.12 Value Engineering 72 40 40 24 24 40 16 256 231 487 $500 $200 $1,602 $148,178

3.4 Prepare Project Report

3.4.1 Draft Project Report 40 8 80 120 60 24 332 332 $500 $100 $91,7403.4.2 Final Project Report 32 4 60 80 40 16 232 232 $500 $100 $65,206 Task 3 Subtotal 0 572 136 0 744 628 440 372 760 0 288 80 0 0 4 268 272 152 144 240 0 0 0 40 32 5,172 0 559 1,110 231 0 790 862 700 260 9,684 $1,500 $900 $2,625 $0 $1,604 $21,000 $11,125 $1,602 $60,900 $2,318,865 C:\Users\howard.michael\OneDrive - AECOM\Work\Proposals\Modesto\Proposal\Fee\230210\Briggsmore - AECOM Fee Estimate 2022-07-20 (002) 24 2/10/2023 #7..
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SR99 at Briggsmore Avenue/Carpenter Road Interchange Improvement Project

LABOR ESTIMATE
AECOM LABOR SUBCONSULTANTS LABOR ODCs
ID CODE DELIVERABLE Principal-In-Charge*
Project Manager*
Project Advisor*
Quality Assurance
Roadway Lead*
Sr. Hwy Engineer
Sr. Project Engineer
Project Engineer
Staff Engineer
Roadway QC*
Sr. CAD Designer
Utiilty Engineer
Geotechnical QC
Rail QC
Rail Lead
Structures Lead*
Sr. Structural
Engineer
Structural Engineer
Structural Staff
Engineer
Structure CAD
Structure QC
Sr. Economist*
Economist*
Environmental Lead*
Admin/Project
Controls

AECOM LABOR
TOTAL
LSA
Crawford &
Associates
Bennett Engineering
Procura 360
AIM Consulting
NorthStar
Engineering
Kittleson &
Associates/ STS
Design Workshop
Myers and Sons

TOTAL LABOR
Printing
Postage, Travel,
Misc.

Environmental
Studies
Public Outreach
Hydrology/Hydraulics
Geotechnical
Traffic Studies
Value Engineering
Surveying

TOTAL COST
TASK 4: CEQA & NEPA Environmental Documen4.1 Environmental Technical Studies $10,500 $10,500

4.1.1 Air Quality Study 4 8 24 36 67 103 $100 $22,702

4.1.2 Biological/Wetland/NES Assessment + Focused Plan Survey x2 4 8 24 36 206 242 $100 $47,545

4.1.3 Community Impact Assessment 4 8 24 36 166 202 $100 $40,3964.1.4 Cultural Resource Studies (ASR/HRER/HPSR/FOE) 4 8 24 24 60 332 392 $100 $73,879

4.1.5 Energy Assessment 4 8 24 36 38 74 $100 $17,5194.1.6 Farmland Assessment 4 16 24 44 110 154 $100 $33,1924.1.7 Noise Study 424 24 52 200 252 $100 $52,0834.1.8 Paleontology Review 4 8 24 36 64 100 $100 $22,166

4.1.9 Visual Impact Assessment 4 24 24 52 80 132 $100 $2,625 $33,261

4.1.10 Water Quality Assessment Report 4 16 24 44 108 152 $100 $32,835

4.1.11 Hazardous Materials/ISA 4 8 24 36 92 128 $100 $7,909 $33,6584.1.12 Geological Impact Assessment 4 8 24 36 24 60 $100 $15,0174.1.13 Phase 1 Archaeological Report 4 8 24 36 80 116 $100 $25,0264.1.14 Floodplain Evaluation 4 8 24 36 40 300 376 $100 $72,312

4.2 Environmental Document $2,147 $2,147

4.2.1 Project Purpose and Need / Project Description 8 16 4 28 240 268 $52,6624.2.2 Administrative Draft ED 8 16 40 64 931 995 $200 $185,7614.2.3 Draft EIR/EA for Public Comment 8 16 40 64 120 184 $200 $40,8134.2.4 Respond to Public Review Comments 8 16 40 64 108 172 $200 $38,669

4.2.5 Administrative Final ED 8 16 40 64 121 185 $200 $40,9924.2.6 EIR / FONSI 88 40 56 72 128 $200 $29,340

4.3 Public Outreach 60 40 24 80 2 40 246 1,088 1,334 $500 $500 $5,355 $193,968 Task 4 Subtotal 0 164 0 0 288 24 0 0 104 0 0 0 0 0 0 2 0 0 0 0 0 0 0 580 0 1,162 3,107 92 300 0 1,088 0 0 0 0 5,749 $2,900 $500 $15,272 $5,355 $0 $7,909 $0 $0 $0 $1,116,444 Total Project Hours 48 2,412 468 240 2,274 1,044 996 812 1,244 40 384 216 40 24 180 530 432 352 304 360 40 712 700 728 788 15,368 3,327 651 1,652 231 1,088 790 1,700 700 500 26,007 $5,400 $9,200 $17,897 $5,355 $1,604 $28,909 $17,425 $1,602 $60,900 $6,380,010 TOTAL HOURS BY PERCENT 0.3% 15.7% 3.0% 1.6% 14.8% 6.8% 6.5% 5.3% 8.1% 0.3% 2.5% 1.4% 0.3% 0.2% 1.2% 3.4% 2.8% 2.3% 2.0% 2.3% 0.3% 4.6% 4.6% 4.7% 5.1% 100.0% 10% Contingency $638,001
TOTAL PROJECT FEE ESTIMATE $7,018,011
C:\Users\howard.michael\OneDrive - AECOM\Work\Proposals\Modesto\Proposal\Fee\230210\Briggsmore - AECOM Fee Estimate 2022-07-20 (002) 34 2/10/2023 #7..
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SR99 at Briggsmore Avenue/Carpenter Road Interchange Improvement Project, RFP 2022-11 Fee Estimate Summary
Task 1 Task 2 Task 3 Task 4 TOTAL
Project
Management PSR-PDS Project Report

CEQA & NEPA
Environmental
Document
LABORAECOM (Civil) CVL $877,076 $735,960 $951,856 $161,998 $2,726,889 AECOM (Environmental) ENV $14,502 $349,278 $9,048 $131,194 $504,021AECOM (Geotech) GEO $9,973 $0 $0 $0 $9,973 AECOM (Structures) STR $35,011 $170,068 $224,312 $627 $430,017AECOM (Rail) PTL $22,256 $27,678 $1,025 $0 $50,959 SUBCONSULTANTSLSA LSA $0 $37,448 $0 $528,777 $566,225Crawford & Associates Crawford & Associates $0 $0 $86,928 $14,307 $101,234 Bennett Engineering Bennett Engineering $0 $41,820 $191,819 $51,843 $285,482 DBEProcura 360 Procura 360 $0 $0 $54,338 $0 $54,338 DBEAIM Consulting AIM Consulting $0 $0 $0 $114,948 $114,948 WBENorthStar Engineering NorthStar Engineering $0 $0 $101,649 $0 $101,649Kittleson & Associates/ STS Kittleson & Associates/ STS $23,586 $166,464 $195,493 $0 $385,543Design Workshop Design Workshop $0 $0 $116,664 $0 $116,664Myers and Sons Myers and Sons $0 $56,400 $61,100 $0 $117,500Sub Markup Sub Markup $1,179 $15,107 $40,400 $35,494 $92,179DIRECT COSTS Printing Printing $0 $1,000 $1,500 $2,900 $5,400
Postage, Travel, Misc. Postage, Travel, Misc. $6,900 $900 $900 $500 $9,200 Environmental Studies Environmental Studies $0 $0 $2,625 $15,272 $17,897Public Outreach Public Outreach $0 $0 $0 $5,355 $5,355 Hydrology/Hydraulics Hydrology/Hydraulics $0 $0 $1,604 $0 $1,604 Geotechnical Geotechnical $0 $0 $21,000 $7,909 $28,909Traffic Studies Traffic Studies $0 $6,300 $11,125 $0 $17,425 Value Engineering Value Engineering $0 $0 $1,602 $0 $1,602 Surveying Surveying $0 $0 $60,900 $0 $60,900
ODC Markup ODC Markup $0 $0 $0 $0 $0Contingency $113,838 $180,632 $231,886 $111,644 $638,001 TOTAL $1,252,219 $1,986,952 $2,550,751 $1,228,089 $7,018,011 Task % of Total Budget 17.8% 28.3% 36.3% 17.5% 100.0%
DBE 0.00% 2.10% 9.65% 4.22% 4.84%
WBE 0.00% 0.00% 0.00% 9.36% 1.64%
2/10/2023
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CITY OF MODESTO

COUNCIL AGENDA REPORT
DATE OF MEETING:

May 2, 2023
Date: April 11, 2023
TO: Mayor and City Council
THROUGH: Joseph P. Lopez, City Manager
FROM: Jessica Hill, Interim Director of Community & Economic Development SUBJECT: Water Will Serve Letter for 1224 Kiernan Avenue (APN: 046-001-001) CONTACT: Toby Wells, City Engineer, [email protected], 209-571-5542 DESCRIPTION:

Consider approving a Will Serve Letter and Outside Service Agreement for Water Service for the property located at 1224 Kiernan Avenue (APN: 046-001-001). (Funding Sources: Water Fund, General Fund)
STRATEGIC PLAN ELEMENT:

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

BACKGROUND:

LPC Kiernan, LLC, a California limited liability company, owns a property located at 1224 Kiernan Avenue. The property is outside of the City’s boundaries; however, it is inside of Modesto’s sphere of influence. At this time, the property is vacant, and the developer is proposing to construct a new Industrial Warehouse. Additionally, the owner applied requesting a new water connection to serve the proposed development. Unfortunately, the Outside Service Agreement was mistakenly processed and subsequently recorded prior to this application receiving City Council approval. Therefore, the City has not yet submitted this application to LAFCO1, pending City Council approval prior to submission.

On May 22, 2012, by Resolution Nos. 2012-202 and 203, Council approved amending City Council Policy 5.001 and 5.002 relating to water and sewer service connections into unincorporated areas.

On June 5, 2012, City Council approved final adoption of Ordinance No. 3566-C.S. and 3567-C.S. amending City of Modesto Municipal Code Section 11-1.05. Both amendments included language requiring City Council approval for all extensions of water services into unincorporated areas, upon 1 Stanislaus Local Area Formation Commission (LAFCO) - https://www.stanislauslafco.org/ #8..
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City Council, May 2, 2023
Water Will Serve Letter for 1224 Kiernan Ave (APN: 046-001-001)

the recommendation of the Director responsible for utility system planning and subsequent City Manager approval.

On November 25, 2014, by Resolution Nos. 2014-472 and 473, Council approved amending City Council Policy 5.001 and 5.002. On December 9, 2014, the Council approved adoption of Ordinance No. 3611-C.S. amending City of Modesto Municipal Code Section 11-1.05. Both amendments included language allowing the City Manager, upon the recommendation of the Director responsible for utility system planning, to approve standard agreements of service for extension of water services into certain unincorporated areas located within the former Del Este Water Service Area without City Council approval. However, the subject parcel is not located within the former Del Este Water and therefore requires City Council approval prior to allowing the new water connection.

Water service may be granted to properties outside of the Modesto city limits, inside the Sphere of Influence, and inside, contiguous to and near the former Del Este Water Service Area, as provided in Modesto City Council Policy 5.001 when the following conditions are met:
1) The development has been authorized by the appropriate land use agency; 2) The property is within the former Del Este Water Service Area or is contiguous to and near the former Del Este Water Service Area;
3) It is reasonable for the City to extend the water service based on a plan to pay for service extension costs, the quantity of water used, the type of water use and the overall impact on the water system.

DISCUSSION:

Staff has completed an analysis and determined that a sufficient quantity of potable water is available for normal usage by the proposed development and has determined that all of the above conditions have been met. Therefore, staff recommends approval of the requested water service connection as described in the attached Will Serve Letter.

If approved by Council, the property owner will enter into Agreement with the City of Modesto to waive the right to protest annexation into the City, as required for water service outside of the City limits.

FISCAL IMPACT:

The applicant has paid the following fees:

1. Will Serve Letter for water - $539

2. Outside Service Agreement – Water - $235
The above fees were deposited into the General Fund for staff time spent to process both the Will Serve Letter and Outside Service Agreement. There are no other direct impacts to the General Fund.

Water connection fees will be determined and collected at the time that the County building permit is issued, or when a separate water permit is issued, for the construction of the water line to the property. If approved, the water connection fees will be deposited into the Water Fund. #8..
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City Council, May 2, 2023
Water Will Serve Letter for 1224 Kiernan Ave (APN: 046-001-001)

COMMITTEE RECOMMENDATION:

In order to expedite the administrative correction as stated above, this item was not presented to a Council Committee and is being presented directly to Council.

RECOMMENDED COUNCIL ACTION:

Staff Recommendations:

Resolution approving a Will Serve Letter and Outside Service Agreement between the City of Modesto and LPC Kiernan, LLC, a California Limited Liability company, to connect to the City of Modesto's existing water system for the property located at 1224 Kiernan Avenue in Modesto (APN: 046-001-001), and authorizing the City Manager, or his designee, to sign the Will Serve Letter and execute the Outside Service Agreement.

Approved by:

Jessica Hill, Interim Director of Community &
Economic Development
Joseph P. Lopez, City Manager
Attachments:

1. Resolution

2. Will Serve Letter

3. Outside Service Agreement

4. Water Map
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05/02/2023/CED/JHill/Item XX 1 2023-XX

MODESTO CITY COUNCIL
RESOLUTION NO. 2023-

RESOLUTION APPROVING A WILL SERVE LETTER AND OUTSIDE

SERVICE AGREEMENT BETWEEN THE CITY OF MODESTO AND LPC

KIERNAN, LLC, A CALIFORNIA LIMITED LIABILITY COMPANY, TO CONNECT TO THE CITY OF MODESTO’S EXISTING WATER SYSTEM FOR THE PROPERTY LOCATED AT 1224 KIERNAN ROAD IN MODESTO (APN:
046-001-001) AND AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE,

TO SIGN THE WILL SERVE LETTER AND EXECUTE THE OUTSIDE

SERVICE AGREEMENT
WHEREAS, LPC Kiernan, LLC, a California limited liability, owns property located at 1224 Kiernan Road; and
WHEREAS, a representative of the property owner has requested water service connection; and
WHEREAS, on May 22, 2012, the City Council approved Resolution No. 2012- 202 that amended City Council Policy 5.001; and
WHEREAS, on June 5, 2012, the City Council approved final adoption of Ordinance No. 3566-C.S. amending City of Modesto Municipal Code Section 11-1.05; and
WHEREAS, both of these amendments included language which required that the City Manager, upon the recommendation of the Director responsible for utility system planning, request City Council approval for all extensions of water services into unincorporated areas; and
WHEREAS, on November 25, 2014, the City Council approved Resolution No. 2014-472 that amended City Council Policy 5.001; and
#8..
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05/02/2023/CED/JHill/Item XX 2 2023-XX
WHEREAS, on December 9, 2014, the City Council approved adoption of Ordinance No. 3611-C.S. amending City of Modesto Municipal Code Section 11-1.05; and
WHEREAS, both of these amendments included language allowing the City Manager upon the recommendation of the Director responsible for utility system planning, to approve standard agreements of service for extension of water services into certain unincorporated areas that are located within the former Del Este Water Service Area without City Council approval; and
WHEREAS, the property located at 1224 Kiernan Avenue, is not located within the former Del Este Water Service area and therefore requires City Council approval prior to allowing the new water service connection; and WHEREAS, it has been determined that a sufficient quantity of potable water is available for normal usage by the proposed development; and WHEREAS, the water connection fees will be paid and associated permits be obtained prior to beginning any on site construction; and WHEREAS, the property owner has executed an Outside Service Agreement for Water Service as required to receive water service outside of City limits.

NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Modesto that it hereby approves the Will Serve Letter and Outside Service Agreement for Water Service for the property located at 1224 Kiernan Avenue in Modesto (APN: 046-001- 001).
#8..
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05/02/2023/CED/JHill/Item XX 3 2023-XX
BE IT FURTHER RESOLVED that the City Manager, or his designee, is hereby authorized to approve the Will Serve Letter and execute the Outside Service Agreement for Water Service.

The foregoing documents were introduced at a regular meeting of the Council of the City of Modesto held on the 2nd of May, 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 SANCHEZ, City Attorney
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CITY OF MODESTO

COUNCIL AGENDA REPORT
DATE OF MEETING:

May 2, 2023
Date: April 4, 2023
TO: Mayor and City Council
THROUGH: Joseph P. Lopez, City Manager
FROM: DeAnna Christensen, Director of Finance
SUBJECT: March 2023 Accounts Payable Register and Void Report CONTACT: Maria Garnica, Accounting Manager
[email protected], 209-577-5249
DESCRIPTION:

Consider accepting an Informational Report for the March 2023 Accounts Payable Payment Register and Void Report. (Funding Source: Not Applicable) STRATEGIC PLAN ELEMENT:

This item supports the City of Modesto 2020-2025 Strategic Plan focus of Governance and Service Delivery under Goal H: Achieve Financial Sustainability.

BACKGROUND:

The Finance Department manages the payment processing for all City disbursements. The City has three main types of payments which includes the following:

1. Vendors – These payments are associated with goods received and contractual services provided to the City and payroll benefits paid by the City on behalf of City employees.

2. Refunds – These payments are associated with refunds issued for deposits collected and have been authorized to be released for utility services, business licenses, building permits, rental agreements, etc. Additionally, any overpayments made by customers on their utility bills would be refunded through this type of payment.

3. Employees – These payments are associated with City-related travel advances and reimbursements related to training events or City business reimbursements.

Additionally, a monthly Void report is also provided to identify any payments that were voided through our financial accounting system and through the City’s bank. This could have triggered a re-issuance of payment or the payment could have been processed in error. #9..
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City Council, May 2, 2023
March 2023 Accounts Payable Register and Void Report

DISCUSSION:

On a monthly basis Finance Staff prepares a monthly spending report of vendors receiving payment from the City. The informational report of the monthly payments provides Council the oversight to review all spending activity for the City.

FISCAL IMPACT:

No fiscal impact will result from this informational report on the March 2023 Accounts Payable Payment Register and Void report. A monthly summary by payment type has been provided below:

Payment Type Amount
Employee Checks $ 35,259.56
Refund Checks $ 144,189.90
Vendor ACHs $ 6,352,835.05
Vendor Checks $ 18,319,325.37
Vendor ePayables $ 372,332.86
Vendor Wires $ 21,267,541.07
Voided Checks ($ 39,019.25)
Total $ 46,452,464.56
COMMITTEE RECOMMENDATION:

This item has not gone before a committee.

RECOMMENDED COUNCIL ACTION:

Staff Recommendations:

Motion accepting an Informational Report for the March 2023 Accounts Payable Payment Register and Void Report.

Approved by:

DeAnna Christensen, Director of Finance
Joseph P. Lopez, City Manager
Attachments:

1. Employee Checks

2. Refund Checks

3. Vendor ACHs

4. Vendor Checks

5. Vendor ePayables

6. Vendor Wires

7. Voided Checks
#9..
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Bank: Bank of the West Branch: Main Branch BoTW Main
Acount AP C
Account:

CHECK
NUMBER
VENDOR

NAME SITE INVOICE NUMBER

INVOICE
DATE

PAYMENT
AMOUNT
** CITY OF MODESTO **
REPORT ID: COMAPCHKREG.rdf PAYMENT CHECK REGISTER
03-APR-23 Page: 1
PO
NUMBER
575825
575826
575827
575828
575829
575830
575831
575832
575833
575834
575835
575836
575837
575838
Arroyo, Luis A
Crawford, Jacob
Daniels, Jeffery L
Evers, Jon C
Garcia, Jason
Garza, Janet
Gorth, Nathan R
Hall, Robert J
Huff, Damien Richard
Lopez, Naythn Joel
McKinney, Wayne
Olayo, Daniel E
Serrato Lopez, Jovany
Smart, Jessica L
RE1539453
EE1539459
ADV032723
EE1538452
EE1539451
EE1491443
RE1539449
ADV032223
RE1538449
EE1537449
ADV032623
RE1539466
RE1538450
ADV031923
25-DEC-22
06-FEB-23
09-FEB-23
17-FEB-23
16-FEB-23
04-JUN-22
28-FEB-23
27-FEB-23
24-FEB-23
27-JAN-23
27-FEB-23
22-FEB-23
24-FEB-23
28-FEB-23
150.00

0.01 328.00
703.72
297.00

1.21 79.33
545.50
193.00

0.70 863.65

80.00 377.00
1,678.78
TOTAL FOR CHECK:

TOTAL FOR CHECK:

TOTAL FOR CHECK:

TOTAL FOR CHECK:

TOTAL FOR CHECK:

TOTAL FOR CHECK:

TOTAL FOR CHECK:

TOTAL FOR CHECK:

TOTAL FOR CHECK:

TOTAL FOR CHECK:

TOTAL FOR CHECK:

TOTAL FOR CHECK:

TOTAL FOR CHECK:

TOTAL FOR CHECK:
150.00

0.01 328.00
703.72
297.00

1.21 79.33
545.50
193.00

0.70 863.65

80.00 377.00
1,678.78
N/A
N/A
N/A
N/A
N/A
N/A
N/A
N/A
N/A
N/A
N/A
N/A
N/A
N/A
Attachment 1, Employee Checks
#9..
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Bank: Bank of the West Branch: Main Branch BoTW Main
Acount AP C
Account:

CHECK
NUMBER
VENDOR

NAME SITE INVOICE NUMBER

INVOICE
DATE

PAYMENT
AMOUNT
** CITY OF MODESTO **
REPORT ID: COMAPCHKREG.rdf PAYMENT CHECK REGISTER
03-APR-23 Page: 2
PO
NUMBER
575838
575839
575840
575841
576032
576033
576034
576035
576036
576037
576038
576039
576040
576041
576042
Smart, Jessica L
Soria, Carmen J
Tollefson, Jeffery (Jeff)
Turner, Keyon J
Amaral, Tony A
Brasher, Michael L
Carrico, John Robert
Daniels, Vidal
Ernst, Jacob Alan
Ernst, Jacob Alan
Farnsworth, Oliver Jason
(Jason)
Flores, Omar
Haley, John M
Harlan, Audrena
Isley, Kaleb
EE1538454
RE1538451
ADV031923
RE1539454
RE1540593
ADV032023
EE1540473
ADV032023
ADV031523
ADV032823
RE1539452
ADV031823
RE1533479
RE1540451
10-FEB-23
24-FEB-23
27-FEB-23
01-FEB-23
24-FEB-23
08-MAR-23
01-FEB-23
09-MAR-23
09-MAR-23
08-MAR-23
28-JAN-23
09-MAR-23
23-FEB-23
22-FEB-23
115.00

85.00 3,120.98
102.84
200.00
2,081.98

14.25 168.00
168.00
240.75
100.00
198.00

52.64 90.87
TOTAL FOR CHECK:

TOTAL FOR CHECK:

TOTAL FOR CHECK:

TOTAL FOR CHECK:

TOTAL FOR CHECK:

TOTAL FOR CHECK:

TOTAL FOR CHECK:

TOTAL FOR CHECK:

TOTAL FOR CHECK:

TOTAL FOR CHECK:

TOTAL FOR CHECK:

TOTAL FOR CHECK:

TOTAL FOR CHECK:
115.00

85.00 3,120.98
102.84
200.00
2,081.98

14.25 168.00
168.00
240.75
100.00
198.00

52.64 N/A
N/A
N/A
N/A
N/A
N/A
N/A
N/A
N/A
N/A
N/A
N/A
N/A
N/A
Attachment 1, Employee Checks
#9..
- 118 -
Bank: Bank of the West Branch: Main Branch BoTW Main
Acount AP C
Account:

CHECK
NUMBER
VENDOR

NAME SITE INVOICE NUMBER

INVOICE
DATE

PAYMENT
AMOUNT
** CITY OF MODESTO **
REPORT ID: COMAPCHKREG.rdf PAYMENT CHECK REGISTER
03-APR-23 Page: 3
PO
NUMBER
576042
576043
576044
576045
576046
576047
576048
576049
576050
576051
576052
576053
576054
576055
Isley, Kaleb
Lawrence, Nicholas T
(Nick)
Mendenhall, Brock
Meredith, Bobby
Perry, Kyle L
Quezada, Daniel Gilbert
Quezada, Daniel Gilbert
Ramos, Juan F
Rocha, Ricardo
Sargent, Kelli A
Sarracino, Michelle Anne
Walker, John
Whitaker, Ronald W
Wong, William Sai
RE1539468
ADV032023
ADV031523
ADV031923
ADV032623
ADV032023
ADV031523
EE1540507
RE1540552
RE1539462
EE1540475
ADV031823
ADV032623
ADV032823
28-NOV-22
09-MAR-23
09-MAR-23
08-MAR-23
09-MAR-23
09-MAR-23
09-MAR-23
14-FEB-23
21-FEB-23
01-FEB-23
01-FEB-23
09-MAR-23
09-MAR-23
08-MAR-23
215.00
168.00
168.00
651.36
123.75
168.00
168.00

62.26 120.00
162.44
176.69
198.00
123.75
259.00
TOTAL FOR CHECK:

TOTAL FOR CHECK:

TOTAL FOR CHECK:

TOTAL FOR CHECK:

TOTAL FOR CHECK:

TOTAL FOR CHECK:

TOTAL FOR CHECK:

TOTAL FOR CHECK:

TOTAL FOR CHECK:

TOTAL FOR CHECK:

TOTAL FOR CHECK:

TOTAL FOR CHECK:

TOTAL FOR CHECK:

TOTAL FOR CHECK:

90.87 215.00
336.00
651.36
123.75
168.00
168.00

62.26 120.00
162.44
176.69
198.00
123.75
259.00
N/A
N/A
N/A
N/A
N/A
N/A
N/A
N/A
N/A
N/A
N/A
N/A
N/A
N/A
Attachment 1, Employee Checks
#9..
- 119 -
Bank: Bank of the West Branch: Main Branch BoTW Main
Acount AP C
Account:

CHECK
NUMBER
VENDOR

NAME SITE INVOICE NUMBER

INVOICE
DATE

PAYMENT
AMOUNT
** CITY OF MODESTO **
REPORT ID: COMAPCHKREG.rdf PAYMENT CHECK REGISTER
03-APR-23 Page: 4
PO
NUMBER
576222
576223
576224
576225
576226
576227
576228
576229
576230
576231
576232
576233
576234
576235
Bartley, Edward R.

Bromley, David M
Davies, Jessica
Esenwein, Jina
Gonzalez, Hector
Hammond, Michael Scott
Jenkins, Heidi Diane
Larsson, Sean G
Loechler, Kai
Lopez, Mario R
Pimentel, Ivan S
Rodriguez, Jonathan
Shah, Alejandra F.

Starr, Daniel
RE1540682
RE1540690
ADV031923
EE1536459
RE1542452
EE1540673
ADV040223
RE1540484
RE1540685
EE1542466
EE1540659
EE1540661
EE1540680
ADV032823
01-MAR-23
21-FEB-23
15-MAR-23
01-FEB-23
14-FEB-23
24-FEB-23
16-MAR-23
02-MAR-23
04-JAN-23
11-FEB-23
24-FEB-23
06-FEB-23
02-MAR-23
16-MAR-23

84.00 79.00
2,047.39
176.69

90.00 1.82
759.08
100.00
250.00
216.02
576.46

0.01 15.15
494.77
TOTAL FOR CHECK:

TOTAL FOR CHECK:

TOTAL FOR CHECK:

TOTAL FOR CHECK:

TOTAL FOR CHECK:

TOTAL FOR CHECK:

TOTAL FOR CHECK:

TOTAL FOR CHECK:

TOTAL FOR CHECK:

TOTAL FOR CHECK:

TOTAL FOR CHECK:

TOTAL FOR CHECK:

TOTAL FOR CHECK:

TOTAL FOR CHECK:

84.00 79.00
2,047.39
176.69

90.00 1.82
759.08
100.00
250.00
216.02
576.46

0.01 15.15
494.77
N/A
N/A
N/A
N/A
N/A
N/A
N/A
N/A
N/A
N/A
N/A
N/A
N/A
N/A
Attachment 1, Employee Checks
#9..
- 120 -
Bank: Bank of the West Branch: Main Branch BoTW Main
Acount AP C
Account:

CHECK
NUMBER
VENDOR

NAME SITE INVOICE NUMBER

INVOICE
DATE

PAYMENT
AMOUNT
** CITY OF MODESTO **
REPORT ID: COMAPCHKREG.rdf PAYMENT CHECK REGISTER
03-APR-23 Page: 5
PO
NUMBER
576235
576236
576237
576238
576239
576424
576425
576426
576427
576428
576429
576430
576431
576432
Starr, Daniel
Telesco, Giancarlo
Valencia, Ruben A
Ward, Brent
Ward, Matthew R
Alves, Michael L
Amparan, Erica M
Arnold, Erik
Avrett, Kaci Lynn
Castro, Shane
Christeson, Richard
Diliberto, Vincent
Garcia, Adrian
Gentry, David
RE1522549
RE1522546
RE1542469
ADV031923
RE1540581
RE1542474
ADV040323
RE1544453
ADV040323
ADV040223-2
RE1498404
RE1527562
EE1493419
RE1544456
03-OCT-22
18-SEP-22
03-MAR-23
15-MAR-23
02-MAR-23
17-OCT-22
23-MAR-23
26-FEB-23
23-MAR-23
23-MAR-23
11-JUL-22
07-DEC-22
17-JUN-22
22-MAR-23
2,510.13
210.00
225.00
1,802.39
296.40
215.00
750.24
362.00
1,113.49
655.11

20.00 84.00

0.83 87.00
TOTAL FOR CHECK:

TOTAL FOR CHECK:

TOTAL FOR CHECK:

TOTAL FOR CHECK:

TOTAL FOR CHECK:

TOTAL FOR CHECK:

TOTAL FOR CHECK:

TOTAL FOR CHECK:

TOTAL FOR CHECK:

TOTAL FOR CHECK:

TOTAL FOR CHECK:

TOTAL FOR CHECK:

TOTAL FOR CHECK:
2,720.13
225.00
1,802.39
296.40
215.00
750.24
362.00
1,113.49
655.11

20.00 84.00

0.83 87.00
N/A
N/A
N/A
N/A
N/A
N/A
N/A
N/A
N/A
N/A
N/A
N/A
N/A
N/A
Attachment 1, Employee Checks
#9..
- 121 -
Bank: Bank of the West Branch: Main Branch BoTW Main
Acount AP C
Account:

CHECK
NUMBER
VENDOR

NAME SITE INVOICE NUMBER

INVOICE
DATE

PAYMENT
AMOUNT
** CITY OF MODESTO **
REPORT ID: COMAPCHKREG.rdf PAYMENT CHECK REGISTER
03-APR-23 Page: 6
PO
NUMBER
576433
576434
576435
576436
576437
576438
576439
576440
576441
576442
576443
576444
576927
576928
Harris, McKenna
Harrison, Brett Andrew
(Andrew)
Inacio, Frank Jr
McAndrews, Gary
Moore, Jacob
Oliveira, Kole
Reyna, Robert Andrew
Schleiss, Matthew
Sears, Tim A
Sedgwick, Scott Alan
Serrano, Laura M
Walker, Craig R
Beverson, Justin R
Binkley, Brian D
EE1493431
RE1527580
EE1492413
RE1544454
RE1497539
RE1540686
EE1493422
RE1544455
RE1532472
RE1540691
ADV040323
RE1540692
ADV041723
EE1544458
17-JUN-22
21-DEC-22
11-JUN-22
09-MAR-23
30-JUN-22
08-FEB-23
17-JUN-22
22-MAR-23
21-NOV-22
13-JAN-23
23-MAR-23
08-FEB-23
30-MAR-23
08-MAR-23

0.83 84.00

0.02 84.00
184.19

84.00 0.02
140.00
131.00

79.00 1,118.18

69.00 568.88
190.00
TOTAL FOR CHECK:

TOTAL FOR CHECK:

TOTAL FOR CHECK:

TOTAL FOR CHECK:

TOTAL FOR CHECK:

TOTAL FOR CHECK:

TOTAL FOR CHECK:

TOTAL FOR CHECK:

TOTAL FOR CHECK:

TOTAL FOR CHECK:

TOTAL FOR CHECK:

TOTAL FOR CHECK:

TOTAL FOR CHECK:

TOTAL FOR CHECK:

0.83 84.00

0.02 84.00
184.19

84.00 0.02
140.00
131.00

79.00 1,118.18

69.00 568.88
190.00
N/A
N/A
N/A
N/A
N/A
N/A
N/A
N/A
N/A
N/A
N/A
N/A
N/A
N/A
Attachment 1, Employee Checks
#9..
- 122 -
Bank: Bank of the West Branch: Main Branch BoTW Main
Acount AP C
Account:

CHECK
NUMBER
VENDOR

NAME SITE INVOICE NUMBER

INVOICE
DATE

PAYMENT
AMOUNT
** CITY OF MODESTO **
REPORT ID: COMAPCHKREG.rdf PAYMENT CHECK REGISTER
03-APR-23 Page: 7
PO
NUMBER
576928
576929
576930
576931
576932
576933
576934
576935
576936
576937
576938
576939
576940
576941
576942
Binkley, Brian D
Blum, Katherine A
Casado, Jerry Steven
Costales, Florencio
Guzman Jr
Davis, Randy C
Duarte, Joseph C (Joe)
Erwin, Randy A
Fierros, Angel Gerardo
Harlan, Audrena
Harman, Michael
Haro, Nicholas
Hicks, Michael B
Lawrence, Nicholas T
(Nick)
McFadon, Cathy Joanne
(Cat)
Purkis, Claude E
RE1545467
RE1544457
ADV041723
EE1544459
RE1545458
RE1545466
RE1544451
RE1540488
ADV041023
EE1545449
EE1545451
RE1542472
EE1545454
RE1545452
29-JAN-23
20-MAR-23
30-MAR-23
15-MAR-23
23-FEB-23
14-MAR-23
03-FEB-23
23-MAR-23
30-MAR-23
23-MAR-23
24-FEB-23
11-MAR-23
08-MAR-23
27-MAR-23

92.74 300.00
598.88

30.00 300.00

55.00 89.00

99.16 670.68
391.28
914.29
290.00
295.00

53.00 TOTAL FOR CHECK:

TOTAL FOR CHECK:

TOTAL FOR CHECK:

TOTAL FOR CHECK:

TOTAL FOR CHECK:

TOTAL FOR CHECK:

TOTAL FOR CHECK:

TOTAL FOR CHECK:

TOTAL FOR CHECK:

TOTAL FOR CHECK:

TOTAL FOR CHECK:

TOTAL FOR CHECK:

TOTAL FOR CHECK:

92.74 300.00
598.88

30.00 300.00

55.00 89.00

99.16 670.68
391.28
914.29
290.00
295.00
N/A
N/A
N/A
N/A
N/A
N/A
N/A
N/A
N/A
N/A
N/A
N/A
N/A
N/A
Attachment 1, Employee Checks
#9..
- 123 -
Bank: Bank of the West Branch: Main Branch BoTW Main
Acount AP C
Account:

CHECK
NUMBER
VENDOR

NAME SITE INVOICE NUMBER

INVOICE
DATE

PAYMENT
AMOUNT
** CITY OF MODESTO **
REPORT ID: COMAPCHKREG.rdf PAYMENT CHECK REGISTER
03-APR-23 Page: 8
PO
NUMBER
Total: 110 35,259.56
576942
576943
576944
577275
577321
577358
577359
577366
Purkis, Claude E
Trevethan, Garrett
Valencia, Ivan H
Beffa, Christina L
Jones, Conner
Reed, Nicholas
Reyna, Robert Andrew
Shah, Alejandra F.

RE1545462
EE1545450
EE1490410
EE1490410CM
EE1490407
EE1490407CM
EE1488426
EE1488426CM
EE1490405
EE1490405CM
EE1488396
EE1488396CM
22-FEB-23
16-MAR-23
20-MAY-22
10-JUN-22
21-MAY-22
10-JUN-22
06-MAY-22
03-JUN-22
20-MAY-22
10-JUN-22
07-MAY-22
03-JUN-22
164.98
159.99

5.76 -5.76

0.97 -0.97

0.02 -0.02

0.02 -0.02

0.03 -0.03
TOTAL FOR CHECK:

TOTAL FOR CHECK:

TOTAL FOR CHECK:

TOTAL FOR CHECK:

TOTAL FOR CHECK:

TOTAL FOR CHECK:

TOTAL FOR CHECK:

TOTAL FOR CHECK:

53.00 164.98
159.99

0.00 0.00

0.00 0.00

0.00 N/A
N/A
N/A
N/A
N/A
N/A
N/A
N/A
N/A
N/A
N/A
N/A
Attachment 1, Employee Checks
#9..
- 124 -
Bank: Bank of the West Branch: Main Branch BoTW Main
Acount AP C
Account:

CHECK
NUMBER
VENDOR

NAME SITE INVOICE NUMBER

INVOICE
DATE

PAYMENT
AMOUNT
** CITY OF MODESTO **
REPORT ID: COMAPCHKREG.rdf PAYMENT CHECK REGISTER
03-APR-23 Page: 1
PO
NUMBER
575842
575843
575844
575845
575846
575847
575848
575849
575850
575851
575852

FLORA DIAMOND

HELIUS, LLC

PAUL GARCIA

RAQUEL GUITERREZ

NANCY L DEWING

THUY PTT HO

KRYSTAL LYNN
GAZCON

PS ACQUISITIONS SUB
CORP

MARTIN D MARTINEZ

KAYALVIZH

SAMBANDAM
1306707-10-Feb2023
000064283-24-
Feb-2023
000064145-27-
Feb-2023
587427-75560
595175-62602-
02-Mar-2023
595241-231266-
02-Mar-2023
581745-107324-
02-Mar-2023
573823-125050-
02-Mar-2023
571221-90320-
02-Mar-2023
541579-18216-
02-Mar-2023
526999-238704-
02-Mar-2023
10-FEB-23
24-FEB-23
27-FEB-23
31-JAN-23
02-MAR-23
02-MAR-23
02-MAR-23
02-MAR-23
02-MAR-23
02-MAR-23
02-MAR-23
100.00
100.00
1,236.00
3,000.00

87.81 35.98

36.29 26.24
362.64
311.82
173.75
TOTAL FOR CHECK:

TOTAL FOR CHECK:

TOTAL FOR CHECK:

TOTAL FOR CHECK:

TOTAL FOR CHECK:

TOTAL FOR CHECK:

TOTAL FOR CHECK:

TOTAL FOR CHECK:

TOTAL FOR CHECK:

TOTAL FOR CHECK:

TOTAL FOR CHECK:
100.00
100.00
1,236.00
3,000.00

87.81 35.98

36.29 26.24
362.64
311.82
173.75
N/A
N/A
N/A
N/A
N/A
N/A
N/A
N/A
N/A
N/A
N/A
Attachment 2, Refund Checks
#9..
- 125 -
Bank: Bank of the West Branch: Main Branch BoTW Main
Acount AP C
Account:

CHECK
NUMBER
VENDOR

NAME SITE INVOICE NUMBER

INVOICE
DATE

PAYMENT
AMOUNT
** CITY OF MODESTO **
REPORT ID: COMAPCHKREG.rdf PAYMENT CHECK REGISTER
03-APR-23 Page: 2
PO
NUMBER
575853
575854
575855
575856
575857
575858
575859
575860
575861
575862
575863

WILLIAM FILBRANDT

LORETTA MILLER

ERIC D COLEMAN

TOTA MCKNIGHT

BOBBY J LOWE

MIREYA NEGRETE

APRIL EPHREM

WALID ALI

NADIA AYALA

EVELYN A GARDNER

DANIELLE MURRAY
50655-20446-02-
Mar-2023
477755-57800-
02-Mar-2023
473757-204146-
02-Mar-2023
35681-13474-02-
Mar-2023
596357-44620-
01-Mar-2023
571359-117204-
01-Mar-2023
570279-207326-
01-Mar-2023
298731-124616-
01-Mar-2023
464139-101826-
27-Feb-2023
70777-14968-02-
Mar-2023
592597-69004-
02-Mar-2023
02-MAR-23
02-MAR-23
02-MAR-23
02-MAR-23
01-MAR-23
01-MAR-23
01-MAR-23
01-MAR-23
27-FEB-23
02-MAR-23
02-MAR-23

63.64 16.23
195.42
143.20
214.74

34.38 57.38

56.55 4,393.95
141.49
111.24
TOTAL FOR CHECK:

TOTAL FOR CHECK:

TOTAL FOR CHECK:

TOTAL FOR CHECK:

TOTAL FOR CHECK:

TOTAL FOR CHECK:

TOTAL FOR CHECK:

TOTAL FOR CHECK:

TOTAL FOR CHECK:

TOTAL FOR CHECK:

TOTAL FOR CHECK:

63.64 16.23
195.42
143.20
214.74

34.38 57.38

56.55 4,393.95
141.49
111.24
N/A
N/A
N/A
N/A
N/A
N/A
N/A
N/A
N/A
N/A
N/A
Attachment 2, Refund Checks
#9..
- 126 -
Bank: Bank of the West Branch: Main Branch BoTW Main
Acount AP C
Account:

CHECK
NUMBER
VENDOR

NAME SITE INVOICE NUMBER

INVOICE
DATE

PAYMENT
AMOUNT
** CITY OF MODESTO **
REPORT ID: COMAPCHKREG.rdf PAYMENT CHECK REGISTER
03-APR-23 Page: 3
PO
NUMBER
576056
576057
576445
576446
576447
576448
576449
576450
576451
576452
576453

HENDY ROBERT

WILLIAM

RAUL HERROZ

EAST CHINA TOWN

RESTAURANT
G2 SPORTS

PHOTOGRAPHY

LINDEN STEEL &

CONSTRUCTION INC

RESCARE HOME CARE
SUITE 250

CORNFLOWER FARMS
INC

RELIANCE

COMMUNICATIONS
INTL

EL VISTA AUTO SALES
HAIR BY KARA @

LUSTER COLOR
STUDIO

BRIGHID HOSPICE

CARE INC
20-15900-

REISSUE
591337-2602-17-
Feb-2023
1303384-08-Jul2022
1299407-08-Jul2022
1277388-24-Jun2022
1277088-24-Jun2022
1276830-24-Jun2022
1276721-24-Jun2022
1275871-24-Jun2022
1304380-10-Jun2022
1304328-10-Jun2022
09-MAR-23
17-FEB-23
08-JUL-22
08-JUL-22
24-JUN-22
24-JUN-22
24-JUN-22
24-JUN-22
24-JUN-22
10-JUN-22
10-JUN-22
1,500.00

43.95 100.00
100.00
100.00
100.00
100.00
100.00
100.00
100.00
100.00
TOTAL FOR CHECK:

TOTAL FOR CHECK:

TOTAL FOR CHECK:

TOTAL FOR CHECK:

TOTAL FOR CHECK:

TOTAL FOR CHECK:

TOTAL FOR CHECK:

TOTAL FOR CHECK:

TOTAL FOR CHECK:

TOTAL FOR CHECK:

TOTAL FOR CHECK:
1,500.00

43.95 100.00
100.00
100.00
100.00
100.00
100.00
100.00
100.00
100.00
N/A
N/A
N/A
N/A
N/A
N/A
N/A
N/A
N/A
N/A
N/A
Attachment 2, Refund Checks
#9..
- 127 -
Bank: Bank of the West Branch: Main Branch BoTW Main
Acount AP C
Account:

CHECK
NUMBER
VENDOR

NAME SITE INVOICE NUMBER

INVOICE
DATE

PAYMENT
AMOUNT
** CITY OF MODESTO **
REPORT ID: COMAPCHKREG.rdf PAYMENT CHECK REGISTER
03-APR-23 Page: 4
PO
NUMBER
576454
576455
576456
576457
576458
576459
576460
576461
576462
576463
576464

CARMENTIS HOSPICE

CARE INC
VIDEO 1

R G HANDYMAN

SERVICES

R V DEPOT
NATHALIE D ALIPIOBROWN @ HELPING
HANDS

TOUGHBEAUTY

RODRIGUEZ AND
BROS

TRANSPORTATION

DAVID OBANDO

HECTOR CASTANEDA
(STR'S)

GUADALAJARA

TAQUERIA MEXICAN
GRILL

CREATIVESISSYS
1304327-10-Jun2022
1304266-10-Jun2022
1303561-10-Jun2022
1300780-10-Jun2022
1305905-10-Jun2022
1305586-24-Mar2023
1305437-24-Mar2023
1305234-24-Mar2023
1305183-24-Mar2023
1304956-24-Mar2023
1304467-24-Mar2023
10-JUN-22
10-JUN-22
10-JUN-22
10-JUN-22
07-JUN-22
24-MAR-23
24-MAR-23
24-MAR-23
24-MAR-23
24-MAR-23
24-MAR-23
100.00
100.00
100.00
100.00
100.00
100.00
100.00
100.00
100.00
100.00
100.00
TOTAL FOR CHECK:

TOTAL FOR CHECK:

TOTAL FOR CHECK:

TOTAL FOR CHECK:

TOTAL FOR CHECK:

TOTAL FOR CHECK:

TOTAL FOR CHECK:

TOTAL FOR CHECK:

TOTAL FOR CHECK:

TOTAL FOR CHECK:

TOTAL FOR CHECK:
100.00
100.00
100.00
100.00
100.00
100.00
100.00
100.00
100.00
100.00
100.00
N/A
N/A
N/A
N/A
N/A
N/A
N/A
N/A
N/A
N/A
N/A
Attachment 2, Refund Checks
#9..
- 128 -
Bank: Bank of the West Branch: Main Branch BoTW Main
Acount AP C
Account:

CHECK
NUMBER
VENDOR

NAME SITE INVOICE NUMBER

INVOICE
DATE

PAYMENT
AMOUNT
** CITY OF MODESTO **
REPORT ID: COMAPCHKREG.rdf PAYMENT CHECK REGISTER
03-APR-23 Page: 5
PO
NUMBER
576465
576466
576467
576468
576469
576470
576471
576472
576473
576474
576475

LEON CONSTRUCTION

COMPANY

MILLARD THEODORE

PRATT ARCHITECTS

CAL DOT

REPUBLIC WIRELESS,
INC.

BLUE SPA

CALI BURGERS

ASSOCIATES

MERCHANDISE STORE

AUTUMN'S CHAIR

SHALAS BOUDOIR

MOBILE WAXING

CHRISTINA KNERR

PHOTOGRAPHY

BACKSTAGE BARBER

AND BEAUTICIAN
1303595-24-Mar2023
1303510-24-Mar2023
1303473-24-Mar2023
1303009-24-Mar2023
1302863-24-Mar2023
1302646-24-Mar2023
1302621-24-Mar2023
1301859-24-Mar2023
1301277-24-Mar2023
1300608-24-Mar2023
1307705-24-Mar2023
24-MAR-23
24-MAR-23
24-MAR-23
24-MAR-23
24-MAR-23
24-MAR-23
24-MAR-23
24-MAR-23
24-MAR-23
24-MAR-23
24-MAR-23
100.00
100.00
100.00
100.00
100.00
100.00
100.00
100.00
100.00
100.00
100.00
TOTAL FOR CHECK:

TOTAL FOR CHECK:

TOTAL FOR CHECK:

TOTAL FOR CHECK:

TOTAL FOR CHECK:

TOTAL FOR CHECK:

TOTAL FOR CHECK:

TOTAL FOR CHECK:

TOTAL FOR CHECK:

TOTAL FOR CHECK:

TOTAL FOR CHECK:
100.00
100.00
100.00
100.00
100.00
100.00
100.00
100.00
100.00
100.00
100.00
N/A
N/A
N/A
N/A
N/A
N/A
N/A
N/A
N/A
N/A
N/A
Attachment 2, Refund Checks
#9..
- 129 -
Bank: Bank of the West Branch: Main Branch BoTW Main
Acount AP C
Account:

CHECK
NUMBER
VENDOR

NAME SITE INVOICE NUMBER

INVOICE
DATE

PAYMENT
AMOUNT
** CITY OF MODESTO **
REPORT ID: COMAPCHKREG.rdf PAYMENT CHECK REGISTER
03-APR-23 Page: 6
PO
NUMBER
576476
576477
576478
576479
576480
576481
576482
576483
576484
576485
576486

GLAMOUR BY
VANESSA @ RENEES

DAY SPA

GOOD SAMARITAN
THRIFT

VIP AUTO SALES INC

MCHENRY SPA
MARSANN1

JDS AUTO GLASS

BILINGUAL

MEDIATION AND

IMMIGRATION SER

MY NAIL OBSESSION

SERENITY DAY SPA

LIZBETH BOUTIQUE
2022

MEMORABLE ART
1307674-24-Mar2023
1307633-24-Mar2023
1306860-24-Mar2023
1306712-24-Mar2023
1306512-24-Mar2023
1306379-24-Mar2023
1306373-24-Mar2023
1306249-24-Mar2023
1306231-24-Mar2023
1306218-24-Mar2023
1305801-24-Mar2023
24-MAR-23
24-MAR-23
24-MAR-23
24-MAR-23
24-MAR-23
24-MAR-23
24-MAR-23
24-MAR-23
24-MAR-23
24-MAR-23
24-MAR-23
100.00
100.00
100.00
100.00
100.00
100.00
100.00
100.00
100.00
100.00
100.00
TOTAL FOR CHECK:

TOTAL FOR CHECK:

TOTAL FOR CHECK:

TOTAL FOR CHECK:

TOTAL FOR CHECK:

TOTAL FOR CHECK:

TOTAL FOR CHECK:

TOTAL FOR CHECK:

TOTAL FOR CHECK:

TOTAL FOR CHECK:

TOTAL FOR CHECK:
100.00
100.00
100.00
100.00
100.00
100.00
100.00
100.00
100.00
100.00
100.00
N/A
N/A
N/A
N/A
N/A
N/A
N/A
N/A
N/A
N/A
N/A
Attachment 2, Refund Checks
#9..
- 130 -
Bank: Bank of the West Branch: Main Branch BoTW Main
Acount AP C
Account:

CHECK
NUMBER
VENDOR

NAME SITE INVOICE NUMBER

INVOICE
DATE

PAYMENT
AMOUNT
** CITY OF MODESTO **
REPORT ID: COMAPCHKREG.rdf PAYMENT CHECK REGISTER
03-APR-23 Page: 7
PO
NUMBER
576487
576488
576489
576490
576491
576492
576493
576494
576495
576496
576497

BUDDY'S MAIL ROOM

BODY NINES DAY SPA

GUARDADO HANDY

PRO CLEANING

SIERRA TRAFFIC

MARKINGS INC

AMPAROS

LANDSCAPING

SERVICES

PAUL MITCHELL THE

SCHOOL MODESTO

CONSTRUCTIONIZE
INC

GUTTER BUDDY CA

JV GLOVES LLC

WADCO TRENCHING

SERVICE

RUDYS TAQUERIA
1299916-24-Mar2023
1299085-24-Mar2023
1298469-24-Mar2023
1293085-24-Mar2023
1287726-24-Mar2023
1275156-24-Mar2023
1307455-10-Mar2023
1307155-10-Mar2023
1306987-10-Mar2023
1306890-10-Mar2023
1306817-10-Mar2023
24-MAR-23
24-MAR-23
24-MAR-23
24-MAR-23
24-MAR-23
24-MAR-23
10-MAR-23
10-MAR-23
10-MAR-23
10-MAR-23
10-MAR-23
100.00
100.00
100.00
100.00
100.00
100.00
100.00
100.00
100.00
100.00
100.00
TOTAL FOR CHECK:

TOTAL FOR CHECK:

TOTAL FOR CHECK:

TOTAL FOR CHECK:

TOTAL FOR CHECK:

TOTAL FOR CHECK:

TOTAL FOR CHECK:

TOTAL FOR CHECK:

TOTAL FOR CHECK:

TOTAL FOR CHECK:

TOTAL FOR CHECK:
100.00
100.00
100.00
100.00
100.00
100.00
100.00
100.00
100.00
100.00
100.00
N/A
N/A
N/A
N/A
N/A
N/A
N/A
N/A
N/A
N/A
N/A
Attachment 2, Refund Checks
#9..
- 131 -
Bank: Bank of the West Branch: Main Branch BoTW Main
Acount AP C
Account:

CHECK
NUMBER
VENDOR

NAME SITE INVOICE NUMBER

INVOICE
DATE

PAYMENT
AMOUNT
** CITY OF MODESTO **
REPORT ID: COMAPCHKREG.rdf PAYMENT CHECK REGISTER
03-APR-23 Page: 8
PO
NUMBER
576498
576499
576500
576501
576502
576503
576504
576505
576506
576507
576508

BRUNOS GARDEN

EYEBROW STATION

OPHELIAS BEST

MENDOZAS

PLUMBING &

MAINTENANCE
REPAIR

HAPPY CAT

ESTHETICS

JEM JUICERY

VANITY TATTOOS LLC

VICTORIA GALVAN M
A
RODS

TRANSMISSIONS

M & D MOVING

EXPRESS

ARELLANOS FAST

LIQUIDATION
1306754-10-Mar2023
1306703-10-Mar2023
1306699-10-Mar2023
1306595-10-Mar2023
1306549-10-Mar2023
1306531-10-Mar2023
1306530-10-Mar2023
1306493-10-Mar2023
1306420-10-Mar2023
1306275-10-Mar2023
1306154-10-Mar2023
10-MAR-23
10-MAR-23
10-MAR-23
10-MAR-23
10-MAR-23
10-MAR-23
10-MAR-23
10-MAR-23
10-MAR-23
10-MAR-23
10-MAR-23
100.00
100.00
100.00
100.00
100.00
100.00
100.00
100.00

99.99 100.00
100.00
TOTAL FOR CHECK:

TOTAL FOR CHECK:

TOTAL FOR CHECK:

TOTAL FOR CHECK:

TOTAL FOR CHECK:

TOTAL FOR CHECK:

TOTAL FOR CHECK:

TOTAL FOR CHECK:

TOTAL FOR CHECK:

TOTAL FOR CHECK:

TOTAL FOR CHECK:
100.00
100.00
100.00
100.00
100.00
100.00
100.00
100.00

99.99 100.00
100.00
N/A
N/A
N/A
N/A
N/A
N/A
N/A
N/A
N/A
N/A
N/A
Attachment 2, Refund Checks
#9..
- 132 -
Bank: Bank of the West Branch: Main Branch BoTW Main
Acount AP C
Account:

CHECK
NUMBER
VENDOR

NAME SITE INVOICE NUMBER

INVOICE
DATE

PAYMENT
AMOUNT
** CITY OF MODESTO **
REPORT ID: COMAPCHKREG.rdf PAYMENT CHECK REGISTER
03-APR-23 Page: 9
PO
NUMBER
576509
576510
576511
576512
576513
576514
576515
576516
576517
576518
576519

AIM HIGH PEST

MANAGEMENT INC

UBAID HABIB GADA
(STR'S)

TMC WHOLE HOUSE
FANS

JOENNAS CREATIONS

JUAN JUAN ZOU
(STR'S)

BLUESTONE SERVICES

BENNY'S TRANSPORT

TBWBH PROPS &

MEASURES

ERNIE AND SONS

SCAFFOLDING

CLEAN CARZ

SK WATSON

BOOKKEEPING AND

TAX SERVICES
1306149-10-Mar2023
1306125-10-Mar2023
1305939-10-Mar2023
1305893-10-Mar2023
1305767-10-Mar2023
1305723-10-Mar2023
1305464-10-Mar2023
1305428-10-Mar2023
1305312-10-Mar2023
1305164-10-Mar2023
1304888-10-Mar2023
10-MAR-23
10-MAR-23
10-MAR-23
10-MAR-23
10-MAR-23
10-MAR-23
10-MAR-23
10-MAR-23
10-MAR-23
10-MAR-23
10-MAR-23
100.00
100.00
100.00
100.00
100.00
100.00
100.00
100.00
100.00
100.00
100.00
TOTAL FOR CHECK:

TOTAL FOR CHECK:

TOTAL FOR CHECK:

TOTAL FOR CHECK:

TOTAL FOR CHECK:

TOTAL FOR CHECK:

TOTAL FOR CHECK:

TOTAL FOR CHECK:

TOTAL FOR CHECK:

TOTAL FOR CHECK:

TOTAL FOR CHECK:
100.00
100.00
100.00
100.00
100.00
100.00
100.00
100.00
100.00
100.00
100.00
N/A
N/A
N/A
N/A
N/A
N/A
N/A
N/A
N/A
N/A
N/A
Attachment 2, Refund Checks
#9..
- 133 -
Bank: Bank of the West Branch: Main Branch BoTW Main
Acount AP C
Account:

CHECK
NUMBER
VENDOR

NAME SITE INVOICE NUMBER

INVOICE
DATE

PAYMENT
AMOUNT
** CITY OF MODESTO **
REPORT ID: COMAPCHKREG.rdf PAYMENT CHECK REGISTER
03-APR-23 Page: 10
PO
NUMBER
576520
576521
576522
576523
576524
576525
576526
576527
576528
576529
576530

TREVINO'S SCALP

MICROPIGMENTATIO
N

CALIFORNIA

COUNTRY

EAGLE MORTGAGE /

TRIVALOREM

FALLING DRAGON
STUDIO

MARYS JUMPERS

BELLI BEAUTY

TOSS OUT JUNK

REMOVAL LLC

BROTHAS BAKED
GOODS
LEAN FEASTMODESTO

LA REINA

A & M TACO

CATERING
1304693-10-Mar2023
1304601-10-Mar2023
1304399-10-Mar2023
1304284-10-Mar2023
1304189-10-Mar2023
1304141-10-Mar2023
1304054-10-Mar2023
1303999-10-Mar2023
1303896-10-Mar2023
1303750-10-Mar2023
1303590-10-Mar2023
10-MAR-23
10-MAR-23
10-MAR-23
10-MAR-23
10-MAR-23
10-MAR-23
10-MAR-23
10-MAR-23
10-MAR-23
10-MAR-23
10-MAR-23
100.00
100.00
100.00
100.00
100.00
100.00
100.00
100.00
100.00
100.00
100.00
TOTAL FOR CHECK:

TOTAL FOR CHECK:

TOTAL FOR CHECK:

TOTAL FOR CHECK:

TOTAL FOR CHECK:

TOTAL FOR CHECK:

TOTAL FOR CHECK:

TOTAL FOR CHECK:

TOTAL FOR CHECK:

TOTAL FOR CHECK:

TOTAL FOR CHECK:
100.00
100.00
100.00
100.00
100.00
100.00
100.00
100.00
100.00
100.00
100.00
N/A
N/A
N/A
N/A
N/A
N/A
N/A
N/A
N/A
N/A
N/A
Attachment 2, Refund Checks
#9..
- 134 -
Bank: Bank of the West Branch: Main Branch BoTW Main
Acount AP C
Account:

CHECK
NUMBER
VENDOR

NAME SITE INVOICE NUMBER

INVOICE
DATE

PAYMENT
AMOUNT
** CITY OF MODESTO **
REPORT ID: COMAPCHKREG.rdf PAYMENT CHECK REGISTER
03-APR-23 Page: 11
PO
NUMBER
576531
576532
576533
576534
576535
576536
576537
576538
576539
576540
576541

DRYWALL UNLIMITED

SB BUILDERS LLC

SAPRI BIOTECH INC

SPORTSPLEX

CENTRAL

SOTO'S CREATIONS

GIABELLA SWEET

BOUTIQUE
LEON'S

LANDSCAPING

MAINTENANCE

R M HANDYMAN
ASTURI

CONSTRUCTION INC

G C I INC

BAY VALLEY

PLUMBING & DRAIN
1303547-10-Mar2023
1303469-10-Mar2023
1303327-10-Mar2023
1302809-10-Mar2023
1302000-10-Mar2023
1301753-10-Mar2023
1301523-10-Mar2023
1301512-10-Mar2023
1300602-10-Mar2023
1300576-10-Mar2023
1300098-10-Mar2023
10-MAR-23
10-MAR-23
10-MAR-23
10-MAR-23
10-MAR-23
10-MAR-23
10-MAR-23
10-MAR-23
10-MAR-23
10-MAR-23
10-MAR-23
100.00
100.00
100.00
100.00
100.00
100.00
100.00
100.00
100.00
100.00
100.00
TOTAL FOR CHECK:

TOTAL FOR CHECK:

TOTAL FOR CHECK:

TOTAL FOR CHECK:

TOTAL FOR CHECK:

TOTAL FOR CHECK:

TOTAL FOR CHECK:

TOTAL FOR CHECK:

TOTAL FOR CHECK:

TOTAL FOR CHECK:

TOTAL FOR CHECK:
100.00
100.00
100.00
100.00
100.00
100.00
100.00
100.00
100.00
100.00
100.00
N/A
N/A
N/A
N/A
N/A
N/A
N/A
N/A
N/A
N/A
N/A
Attachment 2, Refund Checks
#9..
- 135 -
Bank: Bank of the West Branch: Main Branch BoTW Main
Acount AP C
Account:

CHECK
NUMBER
VENDOR

NAME SITE INVOICE NUMBER

INVOICE
DATE

PAYMENT
AMOUNT
** CITY OF MODESTO **
REPORT ID: COMAPCHKREG.rdf PAYMENT CHECK REGISTER
03-APR-23 Page: 12
PO
NUMBER
576542
576543
576544
576545
576546
576547
576548
576549
576550
576551
576552
SITHA KHAM @ TOP
CUTS
I2 PRINT

BECKY L SHANNON

GRAPHIC DESIGN

AVANTE REAL
ESTATE

PRECISION MEDICAL

BILLING LLC

FIRE BAR & GRILL

S P R MODESTO LLC

C & S CLEANING

SERVICES

KHMER CHINA GATE

INTERNATIONAL

PROP INVESTMENT

COMPANY

ZOOMGRANTS
1298525-10-Mar2023
1297568-10-Mar2023
1297380-10-Mar2023
1297242-10-Mar2023
1297141-10-Mar2023
1296645-10-Mar2023
1296521-10-Mar2023
1295436-10-Mar2023
1295257-10-Mar2023
1292600-10-Mar2023
1292574-10-Mar2023
10-MAR-23
10-MAR-23
10-MAR-23
10-MAR-23
10-MAR-23
10-MAR-23
10-MAR-23
10-MAR-23
10-MAR-23
10-MAR-23
10-MAR-23
100.00
100.00
100.00
100.00
100.00
100.00
100.00
100.00
100.00
100.00
100.00
TOTAL FOR CHECK:

TOTAL FOR CHECK:

TOTAL FOR CHECK:

TOTAL FOR CHECK:

TOTAL FOR CHECK:

TOTAL FOR CHECK:

TOTAL FOR CHECK:

TOTAL FOR CHECK:

TOTAL FOR CHECK:

TOTAL FOR CHECK:

TOTAL FOR CHECK:
100.00
100.00
100.00
100.00
100.00
100.00
100.00
100.00
100.00
100.00
100.00
N/A
N/A
N/A
N/A
N/A
N/A
N/A
N/A
N/A
N/A
N/A
Attachment 2, Refund Checks
#9..
- 136 -
Bank: Bank of the West Branch: Main Branch BoTW Main
Acount AP C
Account:

CHECK
NUMBER
VENDOR

NAME SITE INVOICE NUMBER

INVOICE
DATE

PAYMENT
AMOUNT
** CITY OF MODESTO **
REPORT ID: COMAPCHKREG.rdf PAYMENT CHECK REGISTER
03-APR-23 Page: 13
PO
NUMBER
576553
576554
576555
576556
576557
576558
576559
576560
576561
576562
576563

TENDER LOVING

CARE SPA

T & F HOUSE

MAINTENANCE

OAKDALE CHEESE &

SPECIALTIES

ALEXANDER DE LA
CRUZ @ MOBILITY

EXPRESS

HORIZON WATER AND

ENVIRONMENT LLC

PRO DRYWALL

SERVICES

PURSUIT READY LLC

R J N GROUP INC

WIRELESS

ADVOCATES LLC
A1 GLASS CO

SANMART INFINITY
LLC
1291133-10-Mar2023
1289660-10-Mar2023
1285153-10-Mar2023
1284215-10-Mar2023
1281501-10-Mar2023
1279677-10-Mar2023
1278883-10-Mar2023
1276275-10-Mar2023
1274803-10-Mar2023
1262282R-022723
1305208-22-Jul2022
10-MAR-23
10-MAR-23
10-MAR-23
10-MAR-23
10-MAR-23
10-MAR-23
10-MAR-23
10-MAR-23
10-MAR-23
27-FEB-23
22-JUL-22
100.00
100.00
100.00
100.00
100.00
100.00
100.00
100.00
100.00
3,928.61
100.00
TOTAL FOR CHECK:

TOTAL FOR CHECK:

TOTAL FOR CHECK:

TOTAL FOR CHECK:

TOTAL FOR CHECK:

TOTAL FOR CHECK:

TOTAL FOR CHECK:

TOTAL FOR CHECK:

TOTAL FOR CHECK:

TOTAL FOR CHECK:

TOTAL FOR CHECK:
100.00
100.00
100.00
100.00
100.00
100.00
100.00
100.00
100.00
3,928.61
100.00
N/A
N/A
N/A
N/A
N/A
N/A
N/A
N/A
N/A
N/A
N/A
Attachment 2, Refund Checks
#9..
- 137 -
Bank: Bank of the West Branch: Main Branch BoTW Main
Acount AP C
Account:

CHECK
NUMBER
VENDOR

NAME SITE INVOICE NUMBER

INVOICE
DATE

PAYMENT
AMOUNT
** CITY OF MODESTO **
REPORT ID: COMAPCHKREG.rdf PAYMENT CHECK REGISTER
03-APR-23 Page: 14
PO
NUMBER
576564
576565
576566
576567
576568
576569
576570
576571
576572
576573
576574
576575

STAR INDIAN

RESTAURANT

BOSSLADYHUSTLE

H & M HENNES &

MAURITZ LP

INTEGRATED FIRE

PROTECTION
MPD

RICHARD WONG

REYNALDO R RUIZ

EAN HOLDINGS LLC

ZOSLOCKI BILL

DEBNATH BODI

LEE ALAN

NEWMAN SAM
1304608-22-Jul2022
1303920-22-Jul2022
1283001-22-Jul2022
000066927-22-
Mar-2023
63793
000065905-10-
Mar-2023
000065337-10-
Mar-2023
PW201002239
HANGAR J-09
HANGAR I-08
HANGAR B-03

AIRPORT
HANGAR
22-JUL-22
22-JUL-22
22-JUL-22
22-MAR-23
21-SEP-21
10-MAR-23
10-MAR-23
03-MAR-23
24-FEB-23
24-FEB-23
24-FEB-23
24-FEB-23

99.99 100.00
100.00
203.00
125.00
100.00

50.00 97.00
219.00
502.90
189.19
436.00
TOTAL FOR CHECK:

TOTAL FOR CHECK:

TOTAL FOR CHECK:

TOTAL FOR CHECK:

TOTAL FOR CHECK:

TOTAL FOR CHECK:

TOTAL FOR CHECK:

TOTAL FOR CHECK:

TOTAL FOR CHECK:

TOTAL FOR CHECK:

TOTAL FOR CHECK:

TOTAL FOR CHECK:

99.99 100.00
100.00
203.00
125.00
100.00

50.00 97.00
219.00
502.90
189.19
436.00
N/A
N/A
N/A
N/A
N/A
N/A
N/A
N/A
N/A
N/A
N/A
N/A
Attachment 2, Refund Checks
#9..
- 138 -
Bank: Bank of the West Branch: Main Branch BoTW Main
Acount AP C
Account:

CHECK
NUMBER
VENDOR

NAME SITE INVOICE NUMBER

INVOICE
DATE

PAYMENT
AMOUNT
** CITY OF MODESTO **
REPORT ID: COMAPCHKREG.rdf PAYMENT CHECK REGISTER
03-APR-23 Page: 15
PO
NUMBER
576576
576577
576578
576579
576580
576581
576582
576583
576584
576585
576586
576587

THE HOWLANDS
GROUP

THE HOWLANDS
GROUP

GADA UBAID HABIB

ZOU JUAN JUAN

STARSHENE D
COATES

VALLEY OAK

PROPERTY MNGT

CHEVRON USA INC
201456

CURTIS LEGAL GROUP

LANCE BAUMAN

NICHOLE ROMERO

KIMBERLEY

WYCKOFF-STEWART
STACEY

LUTTENEGGER
2028660-2
2028660-1
1306126
1305768
MP23001703
3000 W MAIN
REFUND
1281671R
05252022
SUBPOENA 21-
002027
000059445-22-
Mar-2023
FA-5425
11283-11383-

STEWART
11665-

NATHANIEL
24-FEB-23
24-FEB-23
24-FEB-23
24-FEB-23
21-FEB-23
02-FEB-23
31-MAR-22
16-DEC-21
22-MAR-23
09-MAR-23
14-JUN-22
07-JUN-22
275.00
275.00
180.00
180.00
160.00
775.00
5,946.71
275.00
113.51
249.00
134.84

42.00 TOTAL FOR CHECK:

TOTAL FOR CHECK:

TOTAL FOR CHECK:

TOTAL FOR CHECK:

TOTAL FOR CHECK:

TOTAL FOR CHECK:

TOTAL FOR CHECK:

TOTAL FOR CHECK:

TOTAL FOR CHECK:

TOTAL FOR CHECK:

TOTAL FOR CHECK:

TOTAL FOR CHECK:
275.00
275.00
180.00
180.00
160.00
775.00
5,946.71
275.00
113.51
249.00
134.84

42.00 N/A
N/A
N/A
N/A
N/A
N/A
N/A
N/A
N/A
N/A
N/A
N/A
Attachment 2, Refund Checks
#9..
- 139 -
Bank: Bank of the West Branch: Main Branch BoTW Main
Acount AP C
Account:

CHECK
NUMBER
VENDOR

NAME SITE INVOICE NUMBER

INVOICE
DATE

PAYMENT
AMOUNT
** CITY OF MODESTO **
REPORT ID: COMAPCHKREG.rdf PAYMENT CHECK REGISTER
03-APR-23 Page: 16
PO
NUMBER
576588
576589
576590
576591
576592
576593
576594
576595
576596
576597
576598
576599
576600

COMPASSIONATE

FRIENDS OF MODESTO

DEIRDRE BAKER

JENNIE EMERSON

DALILAH VEGA

ARLENEA PEREZ

JANNALLE SOTO

TINA SOARES

CARLOS PEREZ

KRYSTAL WALKER

KIMBERLY BUSLETT

SHERENE MARTINEZ

KATE HYLAN

AMBER JOHNSON
FA-2734
13805-BAKER
14446-EMERSON
FA-5397
FA-5411
FA-5351
13672-SOARES
FA-5470
FA-5286
FA-5104
11357-

MARTINEZ
11381-ROXY
11351-11349-

JOHNSON
08-MAR-23
08-MAR-23
07-MAR-23
02-MAR-23
01-MAR-23
01-MAR-23
01-MAR-23
24-FEB-23
22-FEB-23
22-FEB-23
22-JUL-22
17-JUN-22
17-JUN-22
199.00
192.00
300.00
483.50
256.00
256.00

28.00 88.00
359.50
194.00

40.00 185.42

64.00 TOTAL FOR CHECK:

TOTAL FOR CHECK:

TOTAL FOR CHECK:

TOTAL FOR CHECK:

TOTAL FOR CHECK:

TOTAL FOR CHECK:

TOTAL FOR CHECK:

TOTAL FOR CHECK:

TOTAL FOR CHECK:

TOTAL FOR CHECK:

TOTAL FOR CHECK:

TOTAL FOR CHECK:

TOTAL FOR CHECK:
199.00
192.00
300.00
483.50
256.00
256.00

28.00 88.00
359.50
194.00

40.00 185.42

64.00 N/A
N/A
N/A
N/A
N/A
N/A
N/A
N/A
N/A
N/A
N/A
N/A
N/A
Attachment 2, Refund Checks
#9..
- 140 -
Bank: Bank of the West Branch: Main Branch BoTW Main
Acount AP C
Account:

CHECK
NUMBER
VENDOR

NAME SITE INVOICE NUMBER

INVOICE
DATE

PAYMENT
AMOUNT
** CITY OF MODESTO **
REPORT ID: COMAPCHKREG.rdf PAYMENT CHECK REGISTER
03-APR-23 Page: 17
PO
NUMBER
576601
576602
576603
576604
576605
576606
576607
576608
576609
576610
576611
576612
576613
576614

SAMANTHA PEREZ

ANDREW HACKETT

DESTINY ROSE

MELISSA PARIKH

NINO MASELLIS

ELIZABETH SALHA

DOUG WOODMAN

LARRY YOUNG

MARGARET OTT

BARBARA RAETZ

DAVID FROBA

RAMAN BENJAMIN

MATTHEW FRANCIS

ANITA LARA
FA-4654
11379-JAYDEN
FA-5322
335459-181966W
35881-14280W
198511-76418W
186167-72134S
139673-53394W
102691-38820T
36141-102462
54199-21746
48443-171056
499383-237762
348161-156476
16-JUN-22
14-JUN-22
08-MAR-23
22-FEB-23
22-FEB-23
22-FEB-23
22-FEB-23
22-FEB-23
22-FEB-23
21-FEB-23
15-FEB-23
15-FEB-23
13-FEB-23
13-FEB-23

45.00 67.42
194.00
200.00
200.00
200.00

75.00 200.00
300.00
3,000.00
3,150.00
320.00
550.00
750.00
TOTAL FOR CHECK:

TOTAL FOR CHECK:

TOTAL FOR CHECK:

TOTAL FOR CHECK:

TOTAL FOR CHECK:

TOTAL FOR CHECK:

TOTAL FOR CHECK:

TOTAL FOR CHECK:

TOTAL FOR CHECK:

TOTAL FOR CHECK:

TOTAL FOR CHECK:

TOTAL FOR CHECK:

TOTAL FOR CHECK:

TOTAL FOR CHECK:

45.00 67.42
194.00
200.00
200.00
200.00

75.00 200.00
300.00
3,000.00
3,150.00
320.00
550.00
750.00
N/A
N/A
N/A
N/A
N/A
N/A
N/A
N/A
N/A
N/A
N/A
N/A
N/A
N/A
Attachment 2, Refund Checks
#9..
- 141 -
Bank: Bank of the West Branch: Main Branch BoTW Main
Acount AP C
Account:

CHECK
NUMBER
VENDOR

NAME SITE INVOICE NUMBER

INVOICE
DATE

PAYMENT
AMOUNT
** CITY OF MODESTO **
REPORT ID: COMAPCHKREG.rdf PAYMENT CHECK REGISTER
03-APR-23 Page: 18
PO
NUMBER
576614
576615
576616
576617
576618
576619
576620
576621
576622
576623
576624
576625
576626
576627

ANITA LARA

CONCEPCION QUINTO

JOHN BROOME

TOM STANLEY

BEVILL, MARTY

AMANDA ALVAREZ

RICHARD CORNEJO

DAN WILLIAMSON

MICHAEL SLOCUM
MAYRA

MAGALLANES

NOEMI MARTIN

JOANNE RADELET

SAVAS PEREZ

MARIA RUIZ
576211-78764
211179-81270-
BROOME
211179-81270
REFUNDHANGER
385973-107316
184915-71742
65923-26442T
63427-144056W
485523-62842W
388639-72230W
357327-177326W
281939-115284W
5443909-96378W
12-MAR-23
12-MAR-23
12-MAR-23
10-MAR-23
07-MAR-23
07-MAR-23
06-MAR-23
06-MAR-23
06-MAR-23
06-MAR-23
06-MAR-23
06-MAR-23
03-MAR-23
200.00
100.00
200.00
1,236.00
775.00
448.00
100.00
200.00
200.00
200.00
200.00
200.00
200.00
TOTAL FOR CHECK:

TOTAL FOR CHECK:

TOTAL FOR CHECK:

TOTAL FOR CHECK:

TOTAL FOR CHECK:

TOTAL FOR CHECK:

TOTAL FOR CHECK:

TOTAL FOR CHECK:

TOTAL FOR CHECK:

TOTAL FOR CHECK:

TOTAL FOR CHECK:

TOTAL FOR CHECK:

TOTAL FOR CHECK:
200.00
100.00
200.00
1,236.00
775.00
448.00
100.00
200.00
200.00
200.00
200.00
200.00
200.00
N/A
N/A
N/A
N/A
N/A
N/A
N/A
N/A
N/A
N/A
N/A
N/A
N/A
Attachment 2, Refund Checks
#9..
- 142 -
Bank: Bank of the West Branch: Main Branch BoTW Main
Acount AP C
Account:

CHECK
NUMBER
VENDOR

NAME SITE INVOICE NUMBER

INVOICE
DATE

PAYMENT
AMOUNT
** CITY OF MODESTO **
REPORT ID: COMAPCHKREG.rdf PAYMENT CHECK REGISTER
03-APR-23 Page: 19
PO
NUMBER
576627
576628
576629
576630
576631
576632
576633
576634
576635
576636
576637
576638
576639
576640
576641

MARIA RUIZ

AHMAD SHOAIB

CHERYL HOLT

RANDY KERN

JOHN MATTOS

RODRIGO ORTIZ

RODRIGO ORTIZ

GAVIN HARTLEY

JONATHAN CLARK

DIANE MC FARLIN

ROBERT RIEDEL

AMANDA WEY

BANESSA RIVERA

SHIRLEY B RIDDLE

SAMUEL R HOWE
588185-61432
489857-57356
10603-3870
LID9970
587941-5038-B
587941-5038
564809-4088
385499-68868
127337-48322
111901-96984
583065-14250T
565333-6950
515555-72550W
494129-71154T
02-MAR-23
01-MAR-23
01-MAR-23
28-FEB-23
28-FEB-23
28-FEB-23
28-FEB-23
28-FEB-23
28-FEB-23
28-FEB-23
27-FEB-23
27-FEB-23
27-FEB-23
27-FEB-23
3,000.00
1,080.00
1,240.00
624.00
1,050.00
414.00
3,931.00
3,000.00
2,057.42
3,000.00
100.00
1,499.17
200.00
100.00
TOTAL FOR CHECK:

TOTAL FOR CHECK:

TOTAL FOR CHECK:

TOTAL FOR CHECK:

TOTAL FOR CHECK:

TOTAL FOR CHECK:

TOTAL FOR CHECK:

TOTAL FOR CHECK:

TOTAL FOR CHECK:

TOTAL FOR CHECK:

TOTAL FOR CHECK:

TOTAL FOR CHECK:

TOTAL FOR CHECK:
3,000.00
1,080.00
1,240.00
624.00
1,050.00
414.00
3,931.00
3,000.00
2,057.42
3,000.00
100.00
1,499.17
200.00
N/A
N/A
N/A
N/A
N/A
N/A
N/A
N/A
N/A
N/A
N/A
N/A
N/A
N/A
Attachment 2, Refund Checks
#9..
- 143 -
Bank: Bank of the West Branch: Main Branch BoTW Main
Acount AP C
Account:

CHECK
NUMBER
VENDOR

NAME SITE INVOICE NUMBER

INVOICE
DATE

PAYMENT
AMOUNT
** CITY OF MODESTO **
REPORT ID: COMAPCHKREG.rdf PAYMENT CHECK REGISTER
03-APR-23 Page: 20
PO
NUMBER
576641
576642
576643
576644
576645
576646
576647
576648
576649
576650
576651
576652
576653

SAMUEL R HOWE

KAREN TURNER

NATALIE DANIEL

MORGANNE NELSON

SANDRA PAULSON

RENEWAL BY

ANDERSEN

HONEYS AIR INC

HONEYS AIR & SOLAR

NUSHAKE ROOFING

BETTER EARTH

ELECTRIC INC

NUSHAKE ROOFING

CBS INC

FRESNO RACK &

SHELVING INC

CITY OF MODESTO
LDE
413577-102436W
595837-92430T
578165-25758S
215379-113256T
BLD2023-00683-
032123-08
BLD2023-00559-
032123-07
BLD2023-00496-
032123-06
BLD2023-00329-
032123-05
BLD2023-00287-
032123-04
BLD2022-04963-
032123-03
BLD2022-04093-
032123-02
BLD2022-01600-
032123-01
27-FEB-23
22-FEB-23
22-FEB-23
22-FEB-23
21-MAR-23
21-MAR-23
21-MAR-23
21-MAR-23
21-MAR-23
21-MAR-23
21-MAR-23
21-MAR-23
200.00
200.00

75.00 200.00
610.00
178.40
403.20
247.13
403.20
632.20
1,641.30
885.75
TOTAL FOR CHECK:

TOTAL FOR CHECK:

TOTAL FOR CHECK:

TOTAL FOR CHECK:

TOTAL FOR CHECK:

TOTAL FOR CHECK:

TOTAL FOR CHECK:

TOTAL FOR CHECK:

TOTAL FOR CHECK:

TOTAL FOR CHECK:

TOTAL FOR CHECK:

TOTAL FOR CHECK:
100.00
200.00
200.00

75.00 200.00
610.00
178.40
403.20
247.13
403.20
632.20
1,641.30
N/A
N/A
N/A
N/A
N/A
N/A
N/A
N/A
N/A
N/A
N/A
N/A
Attachment 2, Refund Checks
#9..
- 144 -
Bank: Bank of the West Branch: Main Branch BoTW Main
Acount AP C
Account:

CHECK
NUMBER
VENDOR

NAME SITE INVOICE NUMBER

INVOICE
DATE

PAYMENT
AMOUNT
** CITY OF MODESTO **
REPORT ID: COMAPCHKREG.rdf PAYMENT CHECK REGISTER
03-APR-23 Page: 21
PO
NUMBER
576653
576654
576655
576656
576657
576658
576659
576660
576661
576662
576663
576664

CITY OF MODESTO
LDE

KITCHENCRATE AND

BATHCRATE

OLIVIA THIBAULT

NUSHAKE ROOFING

LUIS MELGAR

EPIC WIRELESS
GROUP

YESENIA MERCADO

LILIANA SANCHEZ

MARTINEZ

SCOUT STEINKAMP

RPT PROPERTIES LP

CAMILLE M T

WILLIAMS

FERNANDO G INIGUEZ
BLD2023-00463-
030723-04
BLD2023-00331-
030723-03
BLD2023-00287-
030723-02
BLD2023-00242-
030723-01
PLN2023-00002-
013123-03
590419-3164-03-
Mar-2023
588565-96628-
03-Mar-2023
588187-43040-
03-Mar-2023
587781-106166-
03-Mar-2023
587575-127184-
03-Mar-2023
401281-227846-
03-Mar-2023
07-MAR-23
07-MAR-23
07-MAR-23
07-MAR-23
31-JAN-23
03-MAR-23
03-MAR-23
03-MAR-23
03-MAR-23
03-MAR-23
03-MAR-23
605.65
618.00

17.60 1,792.80
3,625.00

38.14 133.35

1.16 69.31

59.70 65.21
TOTAL FOR CHECK:

TOTAL FOR CHECK:

TOTAL FOR CHECK:

TOTAL FOR CHECK:

TOTAL FOR CHECK:

TOTAL FOR CHECK:

TOTAL FOR CHECK:

TOTAL FOR CHECK:

TOTAL FOR CHECK:

TOTAL FOR CHECK:

TOTAL FOR CHECK:
885.75
605.65
618.00

17.60 1,792.80
3,625.00

38.14 133.35

1.16 69.31

59.70 N/A
N/A
N/A
N/A
N/A
N/A
N/A
N/A
N/A
N/A
N/A
Attachment 2, Refund Checks
#9..
- 145 -
Bank: Bank of the West Branch: Main Branch BoTW Main
Acount AP C
Account:

CHECK
NUMBER
VENDOR

NAME SITE INVOICE NUMBER

INVOICE
DATE

PAYMENT
AMOUNT
** CITY OF MODESTO **
REPORT ID: COMAPCHKREG.rdf PAYMENT CHECK REGISTER
03-APR-23 Page: 22
PO
NUMBER
576664
576665
576666
576667
576668
576669
576670
576671
576672
576673
576674
576675

FERNANDO G INIGUEZ

ALVIN WATSON

MIKE KINSEY

RON BORGES

HOLIDAY VENDING

SERVICE

TED G R FERGUSON

SABDI RICO

JESUS SALGADO

RODOLFO M CEDENO

ISABEL RODRIGUEZ

HEIRLOOM

COLLECTION LLC

ERICK S REYNOSO
180103-190336-
03-Mar-2023
164833-27292-
03-Mar-2023
124617-84194-
03-Mar-2023
1066902R-030123
460827-60358-
22-Feb-2023
583083-111406-
10-Jun-2022
525167-30692-
10-Jun-2022
572635-143226-
09-Jun-2022
552429-133824-
08-Jun-2022
482689-177036-
08-Jun-2022
551663-57210-
03-Jun-2022
03-MAR-23
03-MAR-23
03-MAR-23
01-MAR-23
22-FEB-23
10-JUN-22
10-JUN-22
09-JUN-22
08-JUN-22
08-JUN-22
03-JUN-22

22.78 166.76
104.31

79.00 38.45

32.81 24.80

17.05 81.87

47.57 117.17
TOTAL FOR CHECK:

TOTAL FOR CHECK:

TOTAL FOR CHECK:

TOTAL FOR CHECK:

TOTAL FOR CHECK:

TOTAL FOR CHECK:

TOTAL FOR CHECK:

TOTAL FOR CHECK:

TOTAL FOR CHECK:

TOTAL FOR CHECK:

TOTAL FOR CHECK:

TOTAL FOR CHECK:

65.21 22.78
166.76
104.31

79.00 38.45

32.81 24.80

17.05 81.87

47.57 117.17
N/A
N/A
N/A
N/A
N/A
N/A
N/A
N/A
N/A
N/A
N/A
Attachment 2, Refund Checks
#9..
- 146 -
Bank: Bank of the West Branch: Main Branch BoTW Main
Acount AP C
Account:

CHECK
NUMBER
VENDOR

NAME SITE INVOICE NUMBER

INVOICE
DATE

PAYMENT
AMOUNT
** CITY OF MODESTO **
REPORT ID: COMAPCHKREG.rdf PAYMENT CHECK REGISTER
03-APR-23 Page: 23
PO
NUMBER
576675
576676
576677
576678
576679
576680
576681
576682
576683
576684
576685
576686

ERICK S REYNOSO

HEIRLOOM

COLLECTION LLC

HUGO BALCARCEL
MOLINA

CITY OF MODESTO

JUDY CRANDALL

INVESTMENTS LLC
DIVA

HARMANPREET KAUR
MANN
OPENDOOR LABS INC.

ANH Q THAI

ERNESTO ALONSO

URIBE GUILLEN

JIM NEMMERS

JUAN MIGUEL

MARTINEZ
482689-28378-
03-Jun-2022
573199-132064-
01-Dec-2021
229615-98138-
29-Nov-2021
371427-108524-
24-Nov-2021
587013-66472-
03-Mar-2023
586567-209586-
03-Mar-2023
584465-39106-
03-Mar-2023
582609-141776-
03-Mar-2023
563521-37022-
03-Mar-2023
557423-80898-
03-Mar-2023
504539-115168-
03-Mar-2023
03-JUN-22
01-DEC-21
29-NOV-21
24-NOV-21
03-MAR-23
03-MAR-23
03-MAR-23
03-MAR-23
03-MAR-23
03-MAR-23
03-MAR-23
134.83

54.01 58.96
118.04

68.07 77.72

96.11 186.32
138.85

41.33 1.19
TOTAL FOR CHECK:

TOTAL FOR CHECK:

TOTAL FOR CHECK:

TOTAL FOR CHECK:

TOTAL FOR CHECK:

TOTAL FOR CHECK:

TOTAL FOR CHECK:

TOTAL FOR CHECK:

TOTAL FOR CHECK:

TOTAL FOR CHECK:
134.83

54.01 58.96
118.04

68.07 77.72

96.11 186.32
138.85

41.33 1.19
N/A
N/A
N/A
N/A
N/A
N/A
N/A
N/A
N/A
N/A
N/A
Attachment 2, Refund Checks
#9..
- 147 -
Bank: Bank of the West Branch: Main Branch BoTW Main
Acount AP C
Account:

CHECK
NUMBER
VENDOR

NAME SITE INVOICE NUMBER

INVOICE
DATE

PAYMENT
AMOUNT
** CITY OF MODESTO **
REPORT ID: COMAPCHKREG.rdf PAYMENT CHECK REGISTER
03-APR-23 Page: 24
PO
NUMBER
576686
576687
576688
576689
576690
576691
576692
576693
576694
576695
576696
576697

JUAN MIGUEL

MARTINEZ

DELFIN MERCADO

ANGELICA MARTINEZ

BARRERA

KEVIN PAUL NOBLE

PAUL S KALRA

ELLINGSON

COMPANIES

RAHMAT ALLAH

PROPERTIES LLC

JAIME RAMIREZ

MARLYN HERNANDEZ

JUAN M MARTINEZ
MENDEZ

DAVID A CARLSON

KIM DANIEL JR

LEONARD
500523-213446-
03-Mar-2023
500203-103040-
03-Mar-2023
487099-68990-
03-Mar-2023
595725-76656-
22-Mar-2023
597155-104086-
21-Mar-2023
584251-100680-
21-Mar-2023
266217-112816-
21-Mar-2023
596563-33124-
20-Mar-2023
594773-1812-20-
Mar-2023
590357-113282-
20-Mar-2023
585933-236378-
20-Mar-2023
03-MAR-23
03-MAR-23
03-MAR-23
22-MAR-23
21-MAR-23
21-MAR-23
21-MAR-23
20-MAR-23
20-MAR-23
20-MAR-23
20-MAR-23

92.43 21.88
138.33

91.77 1,133.17

20.98 22.48

72.39 217.74

78.79 128.61
TOTAL FOR CHECK:

TOTAL FOR CHECK:

TOTAL FOR CHECK:

TOTAL FOR CHECK:

TOTAL FOR CHECK:

TOTAL FOR CHECK:

TOTAL FOR CHECK:

TOTAL FOR CHECK:

TOTAL FOR CHECK:

TOTAL FOR CHECK:

TOTAL FOR CHECK:

92.43 21.88
138.33

91.77 1,133.17

20.98 22.48

72.39 217.74

78.79 N/A
N/A
N/A
N/A
N/A
N/A
N/A
N/A
N/A
N/A
N/A
Attachment 2, Refund Checks
#9..
- 148 -
Bank: Bank of the West Branch: Main Branch BoTW Main
Acount AP C
Account:

CHECK
NUMBER
VENDOR

NAME SITE INVOICE NUMBER

INVOICE
DATE

PAYMENT
AMOUNT
** CITY OF MODESTO **
REPORT ID: COMAPCHKREG.rdf PAYMENT CHECK REGISTER
03-APR-23 Page: 25
PO
NUMBER
576697
576698
576699
576700
576701
576702
576703
576704
576705
576706
576707
576708

KIM DANIEL JR

LEONARD

YVETTE HERCILIA

CASTILLO

PING HU

ROBERT HASKEL

RENAISSANCE ENT
LLC

HAHNCO HOLDINGS

JORDAN DEBOER

NAN SUN

INVESTMENTS LLC
RAVE

AMERICAN LIBERTY

INVESMENTS, L

CARMEN BORUNDA

JORGE G LEDON
584599-125102-
20-Mar-2023
568819-189906-
20-Mar-2023
262093-99262-
20-Mar-2023
520451-226676-
16-Mar-2023
497505-238042-
16-Mar-2023
394789-96284-
16-Mar-2023
593455-98530-
15-Mar-2023
591059-46378-
15-Mar-2023
590093-130286-
15-Mar-2023
570805-139150-
15-Mar-2023
558379-11556-
15-Mar-2023
20-MAR-23
20-MAR-23
20-MAR-23
16-MAR-23
16-MAR-23
16-MAR-23
15-MAR-23
15-MAR-23
15-MAR-23
15-MAR-23
15-MAR-23

40.44 151.16
414.85

81.90 2.61

84.53 159.05

86.40 1,980.96

40.00 12.41
TOTAL FOR CHECK:

TOTAL FOR CHECK:

TOTAL FOR CHECK:

TOTAL FOR CHECK:

TOTAL FOR CHECK:

TOTAL FOR CHECK:

TOTAL FOR CHECK:

TOTAL FOR CHECK:

TOTAL FOR CHECK:

TOTAL FOR CHECK:

TOTAL FOR CHECK:
128.61

40.44 151.16
414.85

81.90 2.61

84.53 159.05

86.40 1,980.96

40.00 N/A
N/A
N/A
N/A
N/A
N/A
N/A
N/A
N/A
N/A
N/A
Attachment 2, Refund Checks
#9..
- 149 -
Bank: Bank of the West Branch: Main Branch BoTW Main
Acount AP C
Account:

CHECK
NUMBER
VENDOR

NAME SITE INVOICE NUMBER

INVOICE
DATE

PAYMENT
AMOUNT
** CITY OF MODESTO **
REPORT ID: COMAPCHKREG.rdf PAYMENT CHECK REGISTER
03-APR-23 Page: 26
PO
NUMBER
576708
576709
576710
576711
576712
576713
576714
576715
576716
576717
576718
576719

JORGE G LEDON

TIMOTHY

MCCULLAGH

MARIE SHAFER
2017 LIVING TRUST

CERVANTES

DORA ISELA ESPIRITU

ROSELANI BAREIS

MARIANA G

VALENCIA AYALA
ANNA RITA DUARTEMARQUEZ

OSCAR AUNG WEN
SUSANA GARCIAORTIZ

JERRY J VARVARO

ROBERT A COLE
548393-237970-
15-Mar-2023
474693-15834-
15-Mar-2023
404875-41400-
15-Mar-2023
241859-95066-
15-Mar-2023
592615-197536-
14-Mar-2023
591371-16128-
14-Mar-2023
589479-49916-
14-Mar-2023
583427-238216-
14-Mar-2023
582113-27244-
14-Mar-2023
576841-129620-
14-Mar-2023
448037-58344-
14-Mar-2023
15-MAR-23
15-MAR-23
15-MAR-23
15-MAR-23
14-MAR-23
14-MAR-23
14-MAR-23
14-MAR-23
14-MAR-23
14-MAR-23
14-MAR-23

79.93 41.90
292.28
229.55
190.00
103.17
116.11
127.10
139.56

94.43 0.09
TOTAL FOR CHECK:

TOTAL FOR CHECK:

TOTAL FOR CHECK:

TOTAL FOR CHECK:

TOTAL FOR CHECK:

TOTAL FOR CHECK:

TOTAL FOR CHECK:

TOTAL FOR CHECK:

TOTAL FOR CHECK:

TOTAL FOR CHECK:

TOTAL FOR CHECK:

12.41 79.93

41.90 292.28
229.55
190.00
103.17
116.11
127.10
139.56

94.43 0.09
N/A
N/A
N/A
N/A
N/A
N/A
N/A
N/A
N/A
N/A
N/A
Attachment 2, Refund Checks
#9..
- 150 -
Bank: Bank of the West Branch: Main Branch BoTW Main
Acount AP C
Account:

CHECK
NUMBER
VENDOR

NAME SITE INVOICE NUMBER

INVOICE
DATE

PAYMENT
AMOUNT
** CITY OF MODESTO **
REPORT ID: COMAPCHKREG.rdf PAYMENT CHECK REGISTER
03-APR-23 Page: 27
PO
NUMBER
576719
576720
576721
576722
576723
576724
576725
576726
576727
576728
576729
576730

ROBERT A COLE

JACINTO GALVAO

BARBARA SCHNEIDER

JOANNA MARTINEZ

MARY C GROVES

REYNA G HERNANDEZ

AHMED ALWAJIH
LAWLER

EXCAVATION

JESUS LOPEZ

TREVINO

PETRA F MF NEBEL

KELLIE SCARLETT
MOORE

FRANCIS I CARCAMO
ALEMAN
595793-80364-
13-Mar-2023
541803-124852-
13-Mar-2023
398349-34414-
13-Mar-2023
47667-59010-10-
Mar-2023
418357-78596-
10-Mar-2023
588389-134978-
09-Mar-2023
532931-109206-
09-Mar-2023
592219-238774-
08-Mar-2023
589111-124434-
07-Mar-2023
592467-3384-06-
Mar-2023
588265-112524-
06-Mar-2023
13-MAR-23
13-MAR-23
13-MAR-23
10-MAR-23
10-MAR-23
09-MAR-23
09-MAR-23
08-MAR-23
07-MAR-23
06-MAR-23
06-MAR-23

83.60 82.63
107.00

9.11 5.47

55.98 677.05

92.28 82.72

40.90 10.26
TOTAL FOR CHECK:

TOTAL FOR CHECK:

TOTAL FOR CHECK:

TOTAL FOR CHECK:

TOTAL FOR CHECK:

TOTAL FOR CHECK:

TOTAL FOR CHECK:

TOTAL FOR CHECK:

TOTAL FOR CHECK:

TOTAL FOR CHECK:

TOTAL FOR CHECK:

83.60 82.63
107.00

9.11 5.47

55.98 677.05

92.28 82.72

40.90 10.26
N/A
N/A
N/A
N/A
N/A
N/A
N/A
N/A
N/A
N/A
N/A
Attachment 2, Refund Checks
#9..
- 151 -
Bank: Bank of the West Branch: Main Branch BoTW Main
Acount AP C
Account:

CHECK
NUMBER
VENDOR

NAME SITE INVOICE NUMBER

INVOICE
DATE

PAYMENT
AMOUNT
** CITY OF MODESTO **
REPORT ID: COMAPCHKREG.rdf PAYMENT CHECK REGISTER
03-APR-23 Page: 28
PO
NUMBER
576730
576731
576732
576733
576734
576735
576736
576737
576738
576739
576740
576741

FRANCIS I CARCAMO
ALEMAN

RONA JABARKHAIL

ASHRAF A NASSAR

PRISCILLA SABRINA
URZUA

JOSHUA A D HARTER

CINDY KATHLEEN
BURNS

JESSICA FRANCIS

MODESTO ROSELLE
LLC

CHRISTINA MACIAS

MICHAEL MITCHELL
INDERJIT S. TOOR

CONSTRUCTION

SUSAN CLARK
587833-71764-
06-Mar-2023
585717-80694-
06-Mar-2023
584973-135348-
06-Mar-2023
577401-4144-06-
Mar-2023
572169-54506-
06-Mar-2023
571635-43546-
06-Mar-2023
559867-239156-
06-Mar-2023
541951-122206-
06-Mar-2023
512851-18332-
06-Mar-2023
465743-104086-
06-Mar-2023
426071-124730-
06-Mar-2023
06-MAR-23
06-MAR-23
06-MAR-23
06-MAR-23
06-MAR-23
06-MAR-23
06-MAR-23
06-MAR-23
06-MAR-23
06-MAR-23
06-MAR-23
120.04

45.20 245.06
125.37

70.83 37.46

32.37 509.78

4.43 706.03

43.16 TOTAL FOR CHECK:

TOTAL FOR CHECK:

TOTAL FOR CHECK:

TOTAL FOR CHECK:

TOTAL FOR CHECK:

TOTAL FOR CHECK:

TOTAL FOR CHECK:

TOTAL FOR CHECK:

TOTAL FOR CHECK:

TOTAL FOR CHECK:

TOTAL FOR CHECK:
120.04

45.20 245.06
125.37

70.83 37.46

32.37 509.78

4.43 706.03
N/A
N/A
N/A
N/A
N/A
N/A
N/A
N/A
N/A
N/A
N/A
Attachment 2, Refund Checks
#9..
- 152 -
Bank: Bank of the West Branch: Main Branch BoTW Main
Acount AP C
Account:

CHECK
NUMBER
VENDOR

NAME SITE INVOICE NUMBER

INVOICE
DATE

PAYMENT
AMOUNT
** CITY OF MODESTO **
REPORT ID: COMAPCHKREG.rdf PAYMENT CHECK REGISTER
03-APR-23 Page: 29
PO
NUMBER
576741
576742
576743
576744
576745
576746
576747
576748
576749
576750
576751
576752

SUSAN CLARK

BELJINDER SINGH

WILLIAM O'BRIEN

TONY DOMINGUEZ

ELIANA J SANCHEZ

JAIME LOPEZ
OF MARIE B. SMITH
ESTATE

CLAIRE MEAGER

KARLA K GETZ
JESSIE SPENCERCOOKE

JEFFREY KEVIN
BAUER

HOMES SALES INC
VALLEY
185907-74178-
06-Mar-2023
8899-161896-03-
Mar-2023
69435-28032-03-
Mar-2023
596477-26718-
03-Mar-2023
596425-80822-
03-Mar-2023
595817-77086-
03-Mar-2023
595587-83954-
03-Mar-2023
595567-51170-
03-Mar-2023
594623-143276-
03-Mar-2023
592797-106560-
03-Mar-2023
592667-73696-
03-Mar-2023
06-MAR-23
03-MAR-23
03-MAR-23
03-MAR-23
03-MAR-23
03-MAR-23
03-MAR-23
03-MAR-23
03-MAR-23
03-MAR-23
03-MAR-23

60.72 62.76

8.67 52.70
127.10

61.69 19.72

3.10 200.00
143.09
131.63
TOTAL FOR CHECK:

TOTAL FOR CHECK:

TOTAL FOR CHECK:

TOTAL FOR CHECK:

TOTAL FOR CHECK:

TOTAL FOR CHECK:

TOTAL FOR CHECK:

TOTAL FOR CHECK:

TOTAL FOR CHECK:

TOTAL FOR CHECK:

TOTAL FOR CHECK:

43.16 60.72

62.76 8.67

52.70 127.10

61.69 19.72

3.10 200.00
143.09
131.63
N/A
N/A
N/A
N/A
N/A
N/A
N/A
N/A
N/A
N/A
N/A
Attachment 2, Refund Checks
#9..
- 153 -
Bank: Bank of the West Branch: Main Branch BoTW Main
Acount AP C
Account:

CHECK
NUMBER
VENDOR

NAME SITE INVOICE NUMBER

INVOICE
DATE

PAYMENT
AMOUNT
** CITY OF MODESTO **
REPORT ID: COMAPCHKREG.rdf PAYMENT CHECK REGISTER
03-APR-23 Page: 30
PO
NUMBER
576752
576753
576945
576946
576947
576948
576949
576950
576951
576952
576953
576954
576955

HOMES SALES INC
VALLEY

ARELLANO'S FAST

LIQUIDATION

ARACELY

GEORGOPOULOS

RYDER TRUCK

RENTAL LT

FRANK MORENO

ELIZABETH TELELDE

U-HAUL CO OF

ARIZONA

KIM NEEP

MOLLY BOYATT

JESUS URESTI VILLA

SANDRA ORTIZ

CASSANDRA DUBOIS

CHRISTY RHODES
591445-88738-
03-Mar-2023
FA5509GEORGOPO
ULOS
PW201300846
PW201102271
PW201005325
PW201004245
330415-6932
146413-180646
32023VILLA
FA-5641ORTIZ
FA-4296DUBOIS
FA-3957RHODES
03-MAR-23
30-MAR-23
28-MAR-23
28-MAR-23
28-MAR-23
28-MAR-23
28-MAR-23
28-MAR-23
24-MAR-23
23-MAR-23
23-MAR-23
23-MAR-23
180.05
194.00

70.00 12.00

8.00 12.00

75.00 200.00

27.00 145.00
323.50
194.00
TOTAL FOR CHECK:

TOTAL FOR CHECK:

TOTAL FOR CHECK:

TOTAL FOR CHECK:

TOTAL FOR CHECK:

TOTAL FOR CHECK:

TOTAL FOR CHECK:

TOTAL FOR CHECK:

TOTAL FOR CHECK:

TOTAL FOR CHECK:

TOTAL FOR CHECK:

TOTAL FOR CHECK:

TOTAL FOR CHECK:
180.05
194.00

70.00 12.00

8.00 12.00

75.00 200.00

27.00 145.00
323.50
194.00
N/A
N/A
N/A
N/A
N/A
N/A
N/A
N/A
N/A
N/A
N/A
N/A
Attachment 2, Refund Checks
#9..
- 154 -
Bank: Bank of the West Branch: Main Branch BoTW Main
Acount AP C
Account:

CHECK
NUMBER
VENDOR

NAME SITE INVOICE NUMBER

INVOICE
DATE

PAYMENT
AMOUNT
** CITY OF MODESTO **
REPORT ID: COMAPCHKREG.rdf PAYMENT CHECK REGISTER
03-APR-23 Page: 31
PO
NUMBER
576956
576957
576958
576959
576960
576961
576962
576963
576964
576965
576966
576967
576968

JACOB GULLATT

STACY OROZCO

JOSHUA EMPERADOR

ARLUC OCHOA

ANALILIA ROMO

KATHLEEN

CALDWELL

ROHAN KUMAR

JEFFEREY BRIGHT

TONY MARTINEZ

LORI MORSE

ENGHOLM, JEFF

RUSHABH SHAH

JEFF PORTO JR
592945-6812
580951-35216
507629-178356
487241-122662
332781-40278
2017-
5657CALDWELL
13998MEHRA
549665-126432
MARTINEZ58220
2 414217-73840

REFUNDHANGA
RF06
FA-5656SHAH
66113PORTO
23-MAR-23
23-MAR-23
23-MAR-23
23-MAR-23
23-MAR-23
23-MAR-23
23-MAR-23
21-MAR-23
20-MAR-23
20-MAR-23
17-MAR-23
17-MAR-23
17-MAR-23
100.00
200.00
600.00
100.00
100.00
2,256.41

45.00 100.00
1,735.00
200.00
296.66
117.00

10.00 TOTAL FOR CHECK:

TOTAL FOR CHECK:

TOTAL FOR CHECK:

TOTAL FOR CHECK:

TOTAL FOR CHECK:

TOTAL FOR CHECK:

TOTAL FOR CHECK:

TOTAL FOR CHECK:

TOTAL FOR CHECK:

TOTAL FOR CHECK:

TOTAL FOR CHECK:

TOTAL FOR CHECK:

TOTAL FOR CHECK:
100.00
200.00
600.00
100.00
100.00
2,256.41

45.00 100.00
1,735.00
200.00
296.66
117.00

10.00 N/A
N/A
N/A
N/A
N/A
N/A
N/A
N/A
N/A
N/A
N/A
N/A
N/A
Attachment 2, Refund Checks
#9..
- 155 -
Bank: Bank of the West Branch: Main Branch BoTW Main
Acount AP C
Account:

CHECK
NUMBER
VENDOR

NAME SITE INVOICE NUMBER

INVOICE
DATE

PAYMENT
AMOUNT
** CITY OF MODESTO **
REPORT ID: COMAPCHKREG.rdf PAYMENT CHECK REGISTER
03-APR-23 Page: 32
PO
NUMBER
576969
576970
576971
576972
576973
576974
576975
576976
576977
576978
576979
576980
576981
576982

MARCO ZAMPIERI

MARK MEREDITH

GENEVIEVE GUNINAN

ALLIED CONCRETE

AND SUPPLY

COMPANY

JOHN GASKA

TOM ARNOLD

DANIEL HUERTA

NORMAN HONBERGER

LUIS MOLINA

SHELLI HILL

BRETT HEIN

ROBERT TREVINO

JENNIFER BRENNAN

SHEILA ROSE
590381-45128
565165-56272
537581-69710
0020636R-031723
LID65728
9877-8602
596909-11398
578989-238134
577911-65818
543589-24682
540151-182996
391699-108318
371217-59758
358947-60088
17-MAR-23
17-MAR-23
17-MAR-23
17-MAR-23
16-MAR-23
16-MAR-23
16-MAR-23
16-MAR-23
16-MAR-23
16-MAR-23
16-MAR-23
16-MAR-23
16-MAR-23
16-MAR-23
3,150.00
1,975.00
3,923.00
2,573.26
1,500.00
2,288.60
200.00
2,216.00
200.00
1,939.96
2,794.00
200.00
341.15
1,624.81
TOTAL FOR CHECK:

TOTAL FOR CHECK:

TOTAL FOR CHECK:

TOTAL FOR CHECK:

TOTAL FOR CHECK:

TOTAL FOR CHECK:

TOTAL FOR CHECK:

TOTAL FOR CHECK:

TOTAL FOR CHECK:

TOTAL FOR CHECK:

TOTAL FOR CHECK:

TOTAL FOR CHECK:

TOTAL FOR CHECK:

TOTAL FOR CHECK:
3,150.00
1,975.00
3,923.00
2,573.26
1,500.00
2,288.60
200.00
2,216.00
200.00
1,939.96
2,794.00
200.00
341.15
1,624.81
N/A
N/A
N/A
N/A
N/A
N/A
N/A
N/A
N/A
N/A
N/A
N/A
N/A
N/A
Attachment 2, Refund Checks
#9..
- 156 -
Bank: Bank of the West Branch: Main Branch BoTW Main
Acount AP C
Account:

CHECK
NUMBER
VENDOR

NAME SITE INVOICE NUMBER

INVOICE
DATE

PAYMENT
AMOUNT
** CITY OF MODESTO **
REPORT ID: COMAPCHKREG.rdf PAYMENT CHECK REGISTER
03-APR-23 Page: 33
PO
NUMBER
576982
576983
576984
576985
576986
576987
576988
576989
576990
576991
576992
576993
576994

SHEILA ROSE

ROD ALONZO

ROBERT JACOBSEN

FIRE BAR & GRILL

TENDER LOVING

CARE SPA

SIRISTI SHARMA

NICOLE SMITH

GABRIEL PADILLA

FEIPENG CHEN

JONATHAN LOBATO

SYLVIA CHRISTIAN

MARIVEL CARRANZA

SJ VALLEY HOME LLC
151257-59448
FA5367JACOBSEN
1296645R-031323
1291133R-031323
REFUND13930
13928CHARLIES
MITH
587267-80740-
30-Mar-2023
570179-231396-
24-Mar-2023
506575-135888-
30-Mar-2023
585827-55678-
29-Mar-2023
584537-18216-
29-Mar-2023
575435-67594-
29-Mar-2023
16-MAR-23
15-MAR-23
13-MAR-23
13-MAR-23
06-MAR-23
06-MAR-23
30-MAR-23
24-MAR-23
30-MAR-23
29-MAR-23
29-MAR-23
29-MAR-23
3,875.50
194.00

8.00 11.00

82.00 82.00
447.55
386.33

75.26 276.03
200.00

10.91 TOTAL FOR CHECK:

TOTAL FOR CHECK:

TOTAL FOR CHECK:

TOTAL FOR CHECK:

TOTAL FOR CHECK:

TOTAL FOR CHECK:

TOTAL FOR CHECK:

TOTAL FOR CHECK:

TOTAL FOR CHECK:

TOTAL FOR CHECK:

TOTAL FOR CHECK:
3,875.50
194.00

8.00 11.00

82.00 82.00
447.55
386.33

75.26 276.03
200.00
N/A
N/A
N/A
N/A
N/A
N/A
N/A
N/A
N/A
N/A
N/A
N/A
Attachment 2, Refund Checks
#9..
- 157 -
Bank: Bank of the West Branch: Main Branch BoTW Main
Acount AP C
Account:

CHECK
NUMBER
VENDOR

NAME SITE INVOICE NUMBER

INVOICE
DATE

PAYMENT
AMOUNT
** CITY OF MODESTO **
REPORT ID: COMAPCHKREG.rdf PAYMENT CHECK REGISTER
03-APR-23 Page: 34
PO
NUMBER
576994
576995
576996
576997
576998
576999
577000
577001
577002
577003
577004
577005

SJ VALLEY HOME LLC

WAYNE G FLORA
LAWLER

EXCAVATION

MIRIAM ZAMUDIO
INDERJIT S. TOOR

CONSTRUCTION

DELLABARCA DESIGN
& BUILD, INC

FAHMI ALSUMERI

JOHN HARP

MICHELS PACIFIC
ENERGY

SERGIO VILLANUEVA

KELLIE SCARLETT
MOORE

LILY LI
568703-72958-
29-Mar-2023
532931-109206-
29-Mar-2023
521533-139056-
29-Mar-2023
465743-104086-
29-Mar-2023
436759-109082-
29-Mar-2023
228621-137694-
29-Mar-2023
112423-42752-
29-Mar-2023
596581-235302-
28-Mar-2023
593939-141846-
28-Mar-2023
592467-3384-28-
Mar-2023
590227-197186-
28-Mar-2023
29-MAR-23
29-MAR-23
29-MAR-23
29-MAR-23
29-MAR-23
29-MAR-23
29-MAR-23
28-MAR-23
28-MAR-23
28-MAR-23
28-MAR-23

96.75 220.19
1,221.41
456.81
220.19

77.67 699.32
956.40

72.42 3.90

21.91 TOTAL FOR CHECK:

TOTAL FOR CHECK:

TOTAL FOR CHECK:

TOTAL FOR CHECK:

TOTAL FOR CHECK:

TOTAL FOR CHECK:

TOTAL FOR CHECK:

TOTAL FOR CHECK:

TOTAL FOR CHECK:

TOTAL FOR CHECK:

TOTAL FOR CHECK:

10.91 96.75
220.19
1,221.41
456.81
220.19

77.67 699.32
956.40

72.42 3.90

21.91 N/A
N/A
N/A
N/A
N/A
N/A
N/A
N/A
N/A
N/A
N/A
Attachment 2, Refund Checks
#9..
- 158 -
Bank: Bank of the West Branch: Main Branch BoTW Main
Acount AP C
Account:

CHECK
NUMBER
VENDOR

NAME SITE INVOICE NUMBER

INVOICE
DATE

PAYMENT
AMOUNT
** CITY OF MODESTO **
REPORT ID: COMAPCHKREG.rdf PAYMENT CHECK REGISTER
03-APR-23 Page: 35
PO
NUMBER
Total: 403 144,189.90
577005
577006
577007
577008
577009
577010
577011
577012
577013
577014

LILY LI

KARINA MARIN

JESSICA CRISP

JASMIN AREVALO

SAYURI L YOSHIHARA

TODD LAWLOR

BRIAN HUERTA

RIGOBERTO

HURTADO OROZCO

ALEJANDRO LANZAS

LAURA D BOVEE
575679-237940-
28-Mar-2023
542389-3326-28-
Mar-2023
592715-10046-
27-Mar-2023
589893-97018-
27-Mar-2023
586583-157826-
27-Mar-2023
577995-67390-
27-Mar-2023
556571-83358-
27-Mar-2023
342425-93312-
27-Mar-2023
543379-25742-
30-Mar-2023
28-MAR-23
28-MAR-23
27-MAR-23
27-MAR-23
27-MAR-23
27-MAR-23
27-MAR-23
27-MAR-23
30-MAR-23
131.06

45.88 100.50
139.47

54.22 152.60
110.34

48.00 80.00
TOTAL FOR CHECK:

TOTAL FOR CHECK:

TOTAL FOR CHECK:

TOTAL FOR CHECK:

TOTAL FOR CHECK:

TOTAL FOR CHECK:

TOTAL FOR CHECK:

TOTAL FOR CHECK:

TOTAL FOR CHECK:

TOTAL FOR CHECK:
131.06

45.88 100.50
139.47

54.22 152.60
110.34

48.00 80.00
N/A
N/A
N/A
N/A
N/A
N/A
N/A
N/A
N/A
Attachment 2, Refund Checks
#9..
- 159 -
Bank: Bank of the West Branch: Main Branch BoTW ACH AP
(Main)
Account:

CHECK
NUMBER
VENDOR

NAME SITE INVOICE NUMBER

INVOICE
DATE

PAYMENT
AMOUNT
** CITY OF MODESTO **
REPORT ID: COMAPCHKREG.rdf PAYMENT CHECK REGISTER
03-APR-23 Page: 1
PO
NUMBER
701977
701978
701979
701980
PRISM

UNITEDHEALTHCARE
-SENIOR

BANK OF NEW YORK
MELLON

BANK OF THE WEST -

PROCUREMENT CARD
408
23400934
MARCH 2023
437134-MAR2023
549736-MAR2023
437874-MAR2023
PC1540564.1
PC1540560.1
PC1539470.1
PC1540537.1
PC1540539.1
PC1540591.1
PC1540566.1
PC1540642.1
PC1540644.1
PC1540519.1
PC1540629.1
PC1540605.1
PC1540641.1
PC1540613.1
PC1540606.1
PC1542454.1
PC1540614.1
PC1540706.1
PC1540595.1
PC1540498.1
PC1540585.1
PC1540603.1
PC1540546.1
PC1540545.1
PC1540643.1
22-FEB-23
22-FEB-23
07-MAR-23
07-MAR-23
07-MAR-23
27-FEB-23
27-FEB-23
22-FEB-23
02-FEB-23
31-JAN-23
27-FEB-23
24-FEB-23
02-FEB-23
02-FEB-23
06-FEB-23
15-FEB-23
23-FEB-23
04-FEB-23
27-FEB-23
23-FEB-23
15-FEB-23
16-FEB-23
23-FEB-23
03-FEB-23
25-FEB-23
21-FEB-23
22-FEB-23
15-FEB-23
09-FEB-23
14-FEB-23
6,345.00
11,007.84
67,417.52
528,977.35
90,120.21
2,194.88
4,402.45
1,129.03
784.21

99.90 1,456.74
1,920.73
-474.62
246.35
169.01
192.55
1,019.60
267.77
2,088.52
3,356.03
1,680.00
893.35
1,740.88
3,495.15
149.99
1,289.97
319.81

75.91 21.92
1,050.89
TOTAL FOR CHECK:

TOTAL FOR CHECK:

TOTAL FOR CHECK:
6,345.00
11,007.84
686,515.08
N/A
N/A
N/A
N/A
N/A
N/A
N/A
N/A
N/A
N/A
N/A
N/A
N/A
N/A
N/A
N/A
N/A
N/A
N/A
N/A
N/A
N/A
N/A
N/A
N/A
N/A
N/A
N/A
N/A
N/A
Attachment 3, Vendor ACHs
#9..
- 160 -
Bank: Bank of the West Branch: Main Branch BoTW ACH AP
(Main)
Account:

CHECK
NUMBER
VENDOR

NAME SITE INVOICE NUMBER

INVOICE
DATE

PAYMENT
AMOUNT
** CITY OF MODESTO **
REPORT ID: COMAPCHKREG.rdf PAYMENT CHECK REGISTER
03-APR-23 Page: 2
PO
NUMBER
701980 BANK OF THE WEST -

PROCUREMENT CARD
408
PC1540640.1
PC1540637.1
PC1540571.1
PC1540457.1
PC1539471.1
PC1540491.1
PC1540492.1
PC1540511.1
PC1540479.1
PC1540476.1
PC1540567.1
PC1540604.1
PC1540520.1
PC1540589.1
PC1540542.1
PC1540538.1
PC1540506.1
PC1540632.1
PC1540470.1
PC1540474.1
PC1540663.1
PC1540608.1
PC1540583.1
PC1540670.1
PC1540664.1
PC1540717
PC1540723.1
PC1540535.1
PC1540562.1
PC1540533.1
PC1540523.1
PC1540499.1
PC1540503.1
PC1540486.1
09-FEB-23
27-FEB-23
04-FEB-23
23-FEB-23
22-FEB-23
07-FEB-23
08-FEB-23
22-FEB-23
23-FEB-23
06-FEB-23
23-FEB-23
05-FEB-23
10-FEB-23
12-FEB-23
28-FEB-23
17-FEB-23
27-FEB-23
28-FEB-23
10-FEB-23
13-FEB-23
22-FEB-23
22-FEB-23
14-FEB-23
27-FEB-23
23-FEB-23
28-FEB-23
16-FEB-23
13-FEB-23
22-FEB-23
16-FEB-23
23-FEB-23
20-FEB-23
13-FEB-23
23-FEB-23

79.58 2,257.79

21.04 28.64
4,878.52
345.12

87.91 212.47
9,709.86
8,262.94
1,290.36
135.16
200.49
7,718.15
5,292.49
348.14
947.08
14,111.88
363.02
1,316.40
495.00
1,653.78
2,269.84
420.00

89.35 625.00
443.87
174.86
796.02
16,420.72
101.46
2,531.92
535.00
1,420.07
N/A
N/A
N/A
N/A
N/A
N/A
N/A
N/A
N/A
N/A
N/A
N/A
N/A
N/A
N/A
N/A
N/A
N/A
N/A
N/A
N/A
N/A
N/A
N/A
N/A
N/A
N/A
N/A
N/A
N/A
N/A
N/A
N/A
N/A
Attachment 3, Vendor ACHs
#9..
- 161 -
Bank: Bank of the West Branch: Main Branch BoTW ACH AP
(Main)
Account:

CHECK
NUMBER
VENDOR

NAME SITE INVOICE NUMBER

INVOICE
DATE

PAYMENT
AMOUNT
** CITY OF MODESTO **
REPORT ID: COMAPCHKREG.rdf PAYMENT CHECK REGISTER
03-APR-23 Page: 3
PO
NUMBER
701980 BANK OF THE WEST -

PROCUREMENT CARD
408
PC1540489.1
PC1540524.1
PC1540522.1
PC1540500.1
PC1540570.1
PC1540521.1
RE1539456.1
PC1540463.1
PC1540518.1
PC1540532.1
PC1540505.1
PC1540568.1
PC1540515.1
PC1540478.1
PC1540454.1
PC1540461.1
PC1540460.1
PC1540514.1
PC1540554.1
PC1540480.1
PC1540465.1
PC1540464.1
PC1540513.1
PC1540536.1
PC1540495.1
PC1540466.1
PC1540549.1
PC1540458.1
PC1540512.1
PC1540557.1
PC1540657.1
PC1540544.1
PC1540558.1
PC1540621.1
24-FEB-23
13-FEB-23
23-FEB-23
17-FEB-23
25-FEB-23
23-FEB-23
23-FEB-23
26-FEB-23
22-FEB-23
22-FEB-23
24-FEB-23
18-FEB-23
31-JAN-23
17-FEB-23
22-FEB-23
16-FEB-23
14-FEB-23
10-FEB-23
28-FEB-23
13-FEB-23
09-FEB-23
01-FEB-23
09-FEB-23
15-FEB-23
26-FEB-23
23-FEB-23
26-FEB-23
09-FEB-23
19-FEB-23
23-FEB-23
01-FEB-23
08-FEB-23
07-FEB-23
05-FEB-23
5,643.83
162.68
101.46

91.22 9.99
101.46
1,532.56
378.06
787.35
3,127.41
4,325.22
250.00
107.79
466.00
2,720.17
1,913.00

48.06 1,450.68
6,339.88
233.86
615.40

89.00 650.00
110.00
943.02
837.30
5,071.40
797.25

97.72 14,094.71
133.76

28.85 742.79

16.17 N/A
N/A
N/A
N/A
N/A
N/A
N/A
N/A
N/A
N/A
N/A
N/A
N/A
N/A
N/A
N/A
N/A
N/A
N/A
N/A
N/A
N/A
N/A
N/A
N/A
N/A
N/A
N/A
N/A
N/A
N/A
N/A
N/A
N/A
Attachment 3, Vendor ACHs
#9..
- 162 -
Bank: Bank of the West Branch: Main Branch BoTW ACH AP
(Main)
Account:

CHECK
NUMBER
VENDOR

NAME SITE INVOICE NUMBER

INVOICE
DATE

PAYMENT
AMOUNT
** CITY OF MODESTO **
REPORT ID: COMAPCHKREG.rdf PAYMENT CHECK REGISTER
03-APR-23 Page: 4
PO
NUMBER
701980
701981
701982
701983
701984

BANK OF THE WEST -

PROCUREMENT CARD
408
ATHENS

ADMINISTRATORS

JP MORGAN CHASE

BANK NA

BANK OF NEW YORK
MELLON

KEMPERSPORTS
PC1540573.1
PC1540668.1
PC1540672.1
PC1540688.1
PC1540651.1
PC1540666.1
PC1540676.1
PC1540636.1
PC1540654.1
PC1540703.1
PC1540704.1
PC1540590.1
PC1540510.1
PC1540578.1
PC1540698.1
PC1540572.1
PC1540617.1
PC1540730.1
PC1540697.1
PC1540720.1
PC1540729.1
PC1540630.1
REQUEST# 010
REQUEST# 011
NUSCGN022314M
393465844-
MAR2023
393465-MAR2023
MAR-23
13-FEB-23
15-FEB-23
24-FEB-23
23-FEB-23
25-FEB-23
16-FEB-23
26-FEB-23
31-JAN-23
17-FEB-23
13-FEB-23
13-FEB-23
14-FEB-23
21-FEB-23
21-FEB-23
27-FEB-23
07-FEB-23
28-FEB-23
26-FEB-23
27-FEB-23
01-FEB-23
17-FEB-23
25-FEB-23
10-MAR-23
08-MAR-23
03-JAN-23
14-MAR-23
13-MAR-23
03-MAR-23
6,082.58

87.33 466.37
314.55
295.96
772.00
171.48
535.02
2,599.85
120.00
972.13
1,901.92
253.73
2,203.62
2,368.63
1,440.00
2,146.22
2,000.97
1,440.11

79.80 151.18
2,297.73
209,046.75
206,302.50
2,100.00
636,750.00
519,493.06
97,287.00
TOTAL FOR CHECK:

TOTAL FOR CHECK:

TOTAL FOR CHECK:

TOTAL FOR CHECK:
197,874.18
415,349.25
2,100.00
1,156,243.06
N/A
N/A
N/A
N/A
N/A
N/A
N/A
N/A
N/A
N/A
N/A
N/A
N/A
N/A
N/A
N/A
N/A
N/A
N/A
N/A
N/A
N/A
N/A
N/A
N/A
N/A
N/A
N/A
Attachment 3, Vendor ACHs
#9..
- 163 -
Bank: Bank of the West Branch: Main Branch BoTW ACH AP
(Main)
Account:

CHECK
NUMBER
VENDOR

NAME SITE INVOICE NUMBER

INVOICE
DATE

PAYMENT
AMOUNT
** CITY OF MODESTO **
REPORT ID: COMAPCHKREG.rdf PAYMENT CHECK REGISTER
03-APR-23 Page: 5
PO
NUMBER
701984
701985
701986
701987
701988
701989
701990
701991
701992
701993
701994

KEMPERSPORTS

MISSIONSQUARE

RETIREMENT
ATHENS

ADMINISTRATORS

STANISLAUS

FOUNDATION

MODESTO

IRRIGATION DISTRICT

BANK OF THE WEST

GEORGE HILLS

COMPANY

UNITEDHEALTHCARE
-SENIOR

UNITEDHEALTHCARE
-MEDICARE RX

BENEFIT

COORDINATORS

CORPORATION

BANK OF AMERICA

NEW YORK

MICHAEL
MARTIN JANJUN 2023

PAUL LIU

MARCH-JUNE
2023
REQUEST #12
51239
151718
151717
151716
151719
2310084363
2023-02
APRIL 2023
APRIL 2023
B08DBN
51513754-
MAR2023
50972649-
MAR2023
06-MAR-23
07-MAR-23
15-MAR-23
03-MAR-23
21-MAR-23
21-MAR-23
21-MAR-23
21-MAR-23
22-MAR-23
27-MAR-23
21-MAR-23
21-MAR-23
20-MAR-23
28-MAR-23
28-MAR-23
4,000.00
2,000.00
186,530.00
36,200.06
462,346.00
338,042.00
1,145,053.00
28,264.18
39,054.68
29,872.36
11,223.68
13,714.00
1,160,793.10
13,483.13
8,762.49
TOTAL FOR CHECK:

TOTAL FOR CHECK:

TOTAL FOR CHECK:

TOTAL FOR CHECK:

TOTAL FOR CHECK:

TOTAL FOR CHECK:

TOTAL FOR CHECK:

TOTAL FOR CHECK:

TOTAL FOR CHECK:

TOTAL FOR CHECK:

TOTAL FOR CHECK:
97,287.00
6,000.00
186,530.00
36,200.06
1,973,705.18
39,054.68
29,872.36
11,223.68
13,714.00
1,160,793.10
22,245.62
N/A
N/A
N/A
N/A
N/A
N/A
N/A
N/A
N/A
N/A
N/A
N/A
N/A
N/A
N/A
Attachment 3, Vendor ACHs
#9..
- 164 -
Bank: Bank of the West Branch: Main Branch BoTW ACH AP
(Main)
Account:

CHECK
NUMBER
VENDOR

NAME SITE INVOICE NUMBER

INVOICE
DATE

PAYMENT
AMOUNT
** CITY OF MODESTO **
REPORT ID: COMAPCHKREG.rdf PAYMENT CHECK REGISTER
03-APR-23 Page: 6
PO
NUMBER
Total: 148 6,352,835.05
701994
701995
701996
701997
701998
701999
702000

BANK OF AMERICA

NEW YORK

STANISLAUS

FOUNDATION

NATIONWIDE

MODESTO

DOWNTOWN

IMPROVEMENT

DISTRICT I

GEORGE HILLS

COMPANY

KEMPERSPORTS

STANISLAUS

FOUNDATION
51303
51298
MARCH 2023
APRIL 1, 2023
2023-03
MARCH 28, 2023
51260
28-MAR-23
21-MAR-23
29-MAR-23
28-MAR-23
28-MAR-23
28-MAR-23
09-MAR-23
28,405.00
52,805.83
562.53
58,750.00
50,000.00
83,891.00
26,360.60
TOTAL FOR CHECK:

TOTAL FOR CHECK:

TOTAL FOR CHECK:

TOTAL FOR CHECK:

TOTAL FOR CHECK:

TOTAL FOR CHECK:
81,210.83
562.53
58,750.00
50,000.00
83,891.00
26,360.60
N/A
N/A
N/A
N/A
N/A
N/A
N/A
Attachment 3, Vendor ACHs
#9..
- 165 -
Bank: Bank of the West Branch: Main Branch BoTW Main
Acount AP C
Account:

CHECK
NUMBER
VENDOR

NAME SITE INVOICE NUMBER

INVOICE
DATE

PAYMENT
AMOUNT
** CITY OF MODESTO **
REPORT ID: COMAPCHKREG.rdf PAYMENT CHECK REGISTER
03-APR-23 Page: 1
PO
NUMBER
575864
575865
575866
575867
575868
575869
4LEAF

ACRO SERVICE CORP

ALLIED UNIVERSAL

SECURITY SERVICES

AMERICA'S AUTO
GLASS

ASSETWORKS INC

AT&T MOBILITY

NATIONAL

ACCOUNTS, LLC
J1790A3
1958727
1953376
1958719
1953375
1941357
1958725
1968895
1966643
1946905
1958818
1946906
1958728
1958726
13864228
13894061
13894063
13848169
3280
SIN000845
SIN001417
SIN001503
287295405403X02
192023
287287142443X02
192023
09-FEB-23
12-FEB-23
05-FEB-23
12-FEB-23
05-FEB-23
22-JAN-23
12-FEB-23
19-FEB-23
19-FEB-23
29-JAN-23
12-FEB-23
29-JAN-23
12-FEB-23
12-FEB-23
05-FEB-23
09-FEB-23
09-FEB-23
02-FEB-23
05-FEB-23
31-DEC-22
31-JAN-23
31-JAN-23
11-FEB-23
11-FEB-23
15,840.00
755.76
585.60
551.72
442.01
585.60
750.40
1,177.60
469.00
541.11
1,104.00
527.04
974.40
1,007.68
4,829.44
3,867.36
1,772.54
1,772.54
150.00
1,760.00
1,401.28
5,280.00
17,198.12
10,772.06
TOTAL FOR CHECK: