Modesto City Council
May 23, 2023

Recreation received approximately $650 million in funding from Proposition 68 for this program and awarded grants totaling $250 Million in this round of funding.

On July 9, 2019, by Resolution No. 2019-333, Council authorized staff to move forward with the submission of a grant application for the renovation of César E. Chavez Park and authorized the City Manager to accept the grant award on behalf of the City.

On November 5, 2019, by Resolution Nos. 2019-500 and 2019-501, Council approved the updated masterplan for César E. Chavez Park and determined that the scope of the project is within the scope of the Modesto Urban Area General Plan Master Environmental Impact Report (SCH No. 2014042081).

On February 20, 2020, staff received notification from the California State Department of Parks and Recreation that the César E. Chavez Park Renovation Project was selected for funding.

On March 26, 2020, the City Manager signed the grant agreement on behalf of the City of Modesto awarding the City of Modesto $8.5 Million Dollars for the renovation of César E.

Chavez Park.

DISCUSSION:

The renovation of César E. Chavez Park will provide new and exciting recreational opportunities to the west-Modesto community. In addition, the exciting new water play area offers a regional draw, economic stimulus for the neighborhood, and an exciting addition to Modesto’s park system.

In accordance with Administrative Directive 3.1, “Selection Procedures for Professional Consultants Who Provide Engineering for Capital Projects,” staff initiated a Request for Proposals (RFP) to perform Engineering/Design Services.

On April 30, 2020 the City’s Parks Planning and Development Division issued a Request for Proposals (RFP) # PPD20-04 for Construction Documentation for the César E. Chavez Park Renovation Project. On June 10, 2020, staff received Nine (9) consultant proposals. On June 18, 2020, after a thorough review of the RFP responses, a selection panel invited the 4 most qualified responders to attend a formal interview and ranked the consultants by qualifications.

The selection committee determined that O’Dell Engineering of Modesto, CA was the most qualified consultant who, after contract negotiations, provided a proposal in the amount of $757,780 which was approximately 0.4% higher than the City’s estimated contract amount.

Based on the results of the RFP, staff recommends the council approve an agreement with O’Dell Engineering, Inc. of Modesto, CA to complete the Construction Documentation (Design) for César E. Chavez Park Renovation Project in the amount of $757,780.

In addition, staff recommends Council approve a 10% additional services budget in the amount of $37,889 to allow for additional services due to unforeseen conditions, delays or expenses for an agreement total not to exceed $795,669. This additional services budget does not commit the city to spend the additional funding, but allows the Department Director to approve change orders up to the additional services limit, without further council action.

DocuSign Envelope ID: 0CEB72C3-1D00-43BF-8241-67C777E16FFF #11..
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City Council, November 10, 2020
Accept $8.5 Million in Proposition 68 Grant Funding, Approve Agreement with O’Dell Engineering for Design Services of César E. Chavez Park Renovation Project and amending the Fiscal Year 20/21 Capital Improvement Program Budget

In accordance with Modesto Municipal Code Sec. 8-3.204(a), Exceptions to Formal Bidding Requirements, the agreement is for professional services and, therefore, exempt from the bidding requirement. The approval of the agreement for construction documentation for Phase 2 of César E. Chavez Park Renovation Project to O’Dell Engineering, Inc. of Modesto, CA conforms to Modesto Municipal Code 8-3.204, subsection (a) as they are providing professional engineering services.

Finally, though Council approved the City Manager to accept the grant award on behalf of the City of Modesto, Council action is required to budget the grant funding into the FY20/21 Capital Improvement Program and establish the budget of Capital Improvement Project # 101276 – Cesar E. Chavez Park Renovation Project.

FISCAL IMPACT:

This project will be entirely funded by the Statewide Park Development and Community Revitalization Grant program funded by Proposition 68. The recommended budget adjustment (Attachment A) will established the project budget by recognizing $8.5 Million in grant revenue and budgeting the estimated expense in Capital Improvement Project (CIP) #101276 - César E.

Chavez Park Renovation Project.

Expenses for the project are currently estimated as outlined below:

Project Expense Budget:

Engineering/Design/Admin/Permitting (11.2% of Construction) $ 950,000 Construction $ 6,681,416
Construction Admin (8% of Construction) $ 534,513
Contingency (5% of Construction) $ 334,071
TOTAL ESTIMATED PROJECT EXPENSE $ 8,500,000
COMMITTEE RECOMMENDATION:

This item was reviewed at the October 12, 2020 Safety and Communities Committee and forwarded for the approval of the full City Council.

CEQA/NEPA REQUIREMENTS:

An Initial Study, Environmental Assessment No. EA/PRN 2019-06 found that the project is within the scope of the project covered by the Modesto Urban Area General Plan Master Environmental Impact Report (SCH No. 2014042081) and no new environmental document or Public Resources Code Section 21081 findings are required.

RECOMMENDED COUNCIL ACTION:

Staff Recommendations:

Resolution accepting Proposition 68 Statewide Park Development and Community Revitalization Program - Round 3 Grant Award of $8,500,000 for the César E. Chavez Park Renovation Project.

DocuSign Envelope ID: 0CEB72C3-1D00-43BF-8241-67C777E16FFF #11..
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City Council, November 10, 2020
Accept $8.5 Million in Proposition 68 Grant Funding, Approve Agreement with O’Dell Engineering for Design Services of César E. Chavez Park Renovation Project and amending the Fiscal Year 20/21 Capital Improvement Program Budget

Resolution approving an Agreement with O’Dell Engineering, Inc., of Modesto, CA for the preparation of construction documentation (design) for César E. Chavez Park Renovation Project in the amount of $757,780, plus $37,889 for additional services, if needed, for an agreement total not to exceed $795,669 and authorizing the City Manager, or his designee, to execute the agreement, in a form approved by the City Attorney.

Resolution amending the Fiscal Year 20/21 Capital Improvement Program Budget as outlined in Attachment A.

Approved by:

Laurie A. Smith, Director of Parks, Recreation and
Neighborhoods Department
Joseph P. Lopez, City Manager
Attachments:

1. Resolution – Grant Acceptance

2. Resolution – Odell Engineering, Inc. Agreement

3. Resolution – Budget Adjustment

4. Attachment A - Budget Adjustment

5. Design Agreement – O’Dell Engineering, Inc.

6. Grant Contract – César E. Chavez Park Renovation Project DocuSign Envelope ID: 0CEB72C3-1D00-43BF-8241-67C777E16FFF #11..
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CITY OF MODESTO

COUNCIL AGENDA REPORT
DATE OF MEETING:

May 23, 2023
Date: April 26, 2023
TO: Mayor and City Council
THROUGH: Joseph P. Lopez, City Manager
FROM: Bill Sandhu, Director of Public Works
SUBJECT: Accept the Synchronization Downtown 2015 Project as Complete CONTACT: Mark Murphy, Traffic Engineer, [email protected], 209-577-5431
DESCRIPTION:

Consider accepting the Synchronization Downtown 2015 Project as complete. (Funding Sources: Congestion Mitigation and Air Quality)
STRATEGIC PLAN ELEMENT:

The recommended action supports the 2020-2025 City of Modesto Strategic Plan Area of Focus: “Quality of Life”, engage partners across the community to ensure the safety, resilience, and attractiveness of Modesto, Goal D: “provide safe, efficient, and reliable infrastructure through proactive community investment, maintenance, and sustainability efforts.” BACKGROUND:

The process of getting a federally funded project from design to bid often spans several years.

Staff applied for and was granted Congestion Mitigation and Air Quality (CMAQ) Grant Funds for the Synchronization Downtown 2015 project, on May 25, 2012. This project is part of the Modesto Traffic Signal System Master Plan approved by Council on January 28, 2020, by Resolution 2020-056.

On July 13, 2021, by Resolution 2021-287 Council approved using traffic engineering consultant, TJKM, to provide on-call engineering expertise and assistance to the Traffic Engineering Division, including Capital Improvement Projects (CIP). TJKM has assisted the Traffic Division with eight CIP projects from design through construction. One of TJKM’s capital improvement projects was the Synchronization Downtown 2015 traffic signals to achieve better progression.

The Modesto Traffic Signal System Master Plan details a roadmap for the City of Modesto over the next 12 years to improve its existing traffic signal system infrastructure and operation. City of Modesto staff coordinated with the California Department of Transportation (Caltrans) to adjust the scope of work for the project to be in line with elements of the master plan. The #12..
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City Council, May 23, 2023
Accept the Synchronization Downtown 2015 Project as Complete

Traffic Signal Synchronization Downtown project consisted of a qualified consultant, TJKM, to improve traffic signal coordination and timing for 49 City of Modesto traffic signals inside the central business district of Modesto based on traffic volumes. This also included 25 Caltrans traffic signals located within Modesto’s downtown district along State Routes 99, 108, and 132.

DISCUSSION:

The goal of the project was to improve traffic signal operations and safety by providing efficient, consistent, and reliable operation of the traffic signals along the downtown corridors. This was achieved through optimization of signal timing to reduce delay, stops, and improved travel time along each corridor. By reducing stop-and-go travel, the project will also improve air quality by providing a consistent travel speed along the corridor thus reducing vehicular braking and acceleration, the two main factors that result in the greatest amount of vehicular emissions and pollutants. The project has also enhanced safety by updating all yellow clearance times and “walk” / “don’t walk” times at each project signal providing improved warning time to drivers and additional crossing times to pedestrians.

By accepting this project as complete, the City of Modesto officially accepts the improvements made and authorizes the Notice of Completion to be filed. The City Clerk is authorized to complete all necessary steps to file the appropriate notices and documents with the County Recorder.

Staff recommends acceptance of the project as complete as all materials have been procured within project contract requirements.

FISCAL IMPACT:

Total project costs were $277,937, which included all procurement costs. The total project amount originally budgeted was $400,000. The project was funded by the CMAQ grant. All remaining CMAQ funds not used will be de-obligated from the City project and returned to the CMAQ fund.
100940 – Public Works – “Synchro Downtown 2015”
PROJECT EXPENDITURES:

City Staff Time 12.7% $35,367
TJKM Invoices 87.3% $242,570
TOTAL EXPENDITURES: $277,937
Percentages shown are based on percentages of total expenditures.

COMMITTEE RECOMMENDATION:

Due to the nature of this item in that staff is asking Council to accept a completed project, it was not heard by a Council Committee.

CEQA/NEPA REQUIREMENTS:

The project is Categorically Exempt from CEQA under Section 15301 (b) because it is an existing facility, therefore formal documentation is not required. #12..
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City Council, May 23, 2023
Accept the Synchronization Downtown 2015 Project as Complete

RECOMMENDED COUNCIL ACTION:

Staff Recommendations:

Resolution accepting the Synchronization Downtown Traffic Signals 2015 Project as complete and authorizing the City Clerk to complete all necessary steps to file the appropriate notices and documents with the County Recorder.

Approved by:

Bill Sandhu, Director of Public Works
Joseph P. Lopez, City Manager
Attachments:

1. Resolution

2. Notice of Completion
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05/23/2023/PW/BSandhu/Item XX 1 2023-XX

MODESTO CITY COUNCIL
RESOLUTION NO. 2023-

RESOLUTION ACCEPTING THE SYNCRONIZATION DOWNTOWN
TRAFFIC SIGNALS 2015 PROJECT AS COMPLETE AND AUTHORIZING

THE CITY CLERK TO COMPLETE ALL NECESSARY STEPS TO FILE THE

APPROPRIATE NOTICES AND DOCUMENTS WITH THE COUNTY

RECORDER
WHEREAS, in May of 2012, the City of Modesto applied for Congestion Mitigation and Air Quality (CMAQ) funds to Synchronization Downtown 2015; and WHEREAS, on January 28, 2020, by Resolution 2020-056, Council approved the Modesto Traffic Signal System Master Plan and staff coordinated with the California Department of Transportation (Caltrans) to adjust the scope of work for the project to be in line with elements of the master plan; and
WHEREAS, Traffic signal synchronization is part of the Transportation System (ITS) elements the Modesto Traffic Signal System Master Plan; and WHEREAS, on July 13, 2021, by Resolution 2021-287 Council approved an agreement with TJKM for Transportation Engineering Services; and WHEREAS, one of TJKM’s projects is traffic signal synchronization to provide better progression; and
WHEREAS, TJKM coordinated 49 of Modesto’s traffic signals as part of the Synchronization Downtown 2015 project; and
WHEREAS, TJKM worked with Caltrans to coordinate 25 of their traffic signals as part of the Synchronization Downtown 2015 project; and WHEREAS, this project synchronized 74 traffic signals in downtown Modesto.

NOW, THEREFORE BE IT RESOLVED, by the Council of the City of Modesto that it hereby accepts the Synchronization Downtown 2015 Project as complete. #12..
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05/23/2023/PW/BSandhu/Item XX 2 2023-XX
BE IT FURTHER RESOLVED that the City Clerk is authorized to complete all necessary steps to file the appropriate notices and documents with the County Recorder.

The foregoing resolution was introduced at a regular meeting of the Council of the City of Modesto held on the 23rd 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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Requested by
City of Modesto/City Clerk’s Office
Return to City of Modesto/City Clerk’s Office:

PO Box 642
Modesto CA 95353

NOTICE OF COMPLETION
NOTICE IS HEREBY GIVEN that on July 13, 2021, the City of Modesto, PO Box 642, Modesto, California 95353, a Municipal Corporation in the County of Stanislaus, State of California, awarded a contract to TJKM, a California Corporation. for the project titled “Synchronization Downtown 2015” located at multiple intersections throughout the downtown of the City of Modesto, and that on February 10, 2023, said contract as a whole was actually completed by TJKM, a California Corporation and accepted by the Council of the City of Modesto at a regular meeting of the Council held May 23, 2023.

CITY OF MODESTO
By
Diane Nayares-Perez, City Clerk
I certify under penalty of perjury that the foregoing is true and correct.

Date: May 23, 2023 By
Modesto, CA Diane Nayares-Perez, City Clerk
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CITY OF MODESTO

COUNCIL AGENDA REPORT
DATE OF MEETING:

May 23, 2023
Date: April 26, 2023
TO: Mayor and City Council
THROUGH: Joseph P. Lopez, City Manager
FROM: Will Wong, Director of Utilities
SUBJECT: First Amendment for Annual Boiler Services
CONTACT: Jason Farnsworth, Wastewater Division Manager, [email protected], 209-577-6255
DESCRIPTION:

Consider approving the First Amendment with Pyro Combustion of California, Oakdale, CA. for Annual Boiler Services for a revised total amount not to exceed $250,000. (Funding Source:

Sewer Operations Fund)
STRATEGIC PLAN ELEMENT:

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

BACKGROUND:

The City’s Sutter wastewater treatment facility uses two anaerobic digesters to stabilize wastewater biosolids removed as part of the wastewater treatment process. This system involves two anaerobic digesters and a Digester Gas Treatment System, which includes two boilers, one for each digester. The boilers provide heat for the biological digestion process, which operate ideally at 98.8 degrees Fahrenheit. The anaerobic digesters system operates with one digester in service at a time. The digesters are then rotated annually due to the accumulation of solid waste material.

During the annual rotation of digesters, both boilers are in operation; one is used to maintain temperatures of the operational digester, while the other heats up the second digester to operational temperatures during the transfer. This process takes about two months to complete.

On April 12, 2022, the Utilities Department Wastewater Division solicited quotes from three (3) vendors1 for the annual boiler services. The bids were then given to the Purchasing Division to review and issue an agreement. On June 7, 2022, an intent to award was issued to Pyro 1 Bay City Boiler, California Boiler, and Pyro Combustion of California. #13..
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City Council, May 23, 2023
First Amendment for Annual Boiler Services

Combustion of California, Oakdale, CA. On July 7, 2022, the Purchasing Division issued a notice to reject all bids, due to the prevailing wage language missing on the initial request from the department.

On July 12, 2022, the Purchasing Division re-issued an informal Invitation for Bid (IFB) for annual boiler services. The IFB was sent via email to the three (3) prospective bidders. Two (2) vendors chose to respond. Based on providing the lowest responsive and responsible bid, City staff recommended to award the annual boiler services to Pyro Combustion of California Oakdale, CA., for the total amount not to exceed $50,000.

DISCUSSION:

The Peerless Boiler, one of the two boilers used in the process, is old equipment that has required numerous repairs throughout the years. Recently, staff discovered a leak in the tubes that run through the boiler, and they have determined all tubes and associated parts need to be replaced.

Unfortunately, the required repair parts have a delivery lead time of 12-16 weeks, with an additional two weeks needed for installation. This makes the repair a time-sensitive project, as the boiler may fail at any point, causing the inability to maintain the required temperature of 98.6 degrees Fahrenheit in both digesters.

The existing agreement was an informal IFB not to exceed $50,000. The current repairs are quoted at approximately $90,000. Staff recommends that it would be prudent to increase the agreement by the amount of $200,000, due to the time-sensitive repairs and the old equipment potentially requiring more repairs in the near future. In order to expedite the approval process, staff has requested to go directly to Council on May 23, 2023, to increase the current agreement by $200,000, for a new total amount of $250,000.

Modesto Municipal Code Section 8-3.203 generally requires all purchases, which meet or exceed $50,000 for material, equipment, or contractual services to be formally bid. However, exceptions to the formal bidding process are granted in MMC 8-3.204(d) “Where the Purchasing Manager, in his or her discretion, determines that a process other than the formal bid procedure set for in Section 8-3.203 will result in procurement for the City at the lowest possible cost commensurate with the desired quality.” Under this exception, City staff did obtain informal bids to obtain the lowest cost. In addition, Modesto Municipal Code Section 8-3.204(c) provides that compliance with the formal bid procedures contained in Section 8-203 is not required when calling for bids on a competitive basis is undesirable due to exigent circumstances. Here, compliance with the formal bid requirement would pose a risk to the life, health and property due to the urgent need of repairing the boiler.

FISCAL IMPACT:

Expenditures over the past eight (8) months are currently at $10,381. Estimated repairs are quoted at $89,894.

ANTICIPATED AGREEMENT EXPENDITURES:

Annual Boiler Services Agreement $50,000
First Amendment to Agreement $200,000
TOTAL: $250,000
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City Council, May 23, 2023
First Amendment for Annual Boiler Services

COMMITTEE RECOMMENDATION:

Given the timing of this occurrence and the significant lead time for the delivery of parts, there was not sufficient time to present this item to Committee.

RECOMMENDED COUNCIL ACTION:

Staff Recommendations:

Resolution approving the First Amendment to the Agreement with Pyro Combustion of California, Oakdale, CA, for Annual Boiler Services, increasing the Agreement amount by $200,000 from $50,000, for a new total amount not to exceed $250,000, and authorizing the City Manager, or his designee to execute the Amendment.

Approved by:

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

1. Resolution

2. Original Agreement

3. First Amendment

4. Quote
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05/23/2023/Utilities/JFarnsworth/Item # 1 2023-XXX

MODESTO CITY COUNCIL
RESOLUTION NO. 2023-XXX

RESOLUTION APPROVING THE FIRST AMENDMENT TO THE

AGREEMENT WITH PYRO COMBUSTION OF CALIFORNIA, OAKDALE,

CA, FOR ANNUAL BOILER SERVICES, INCREASING THE AGREEMENT AMOUNT BY $200,000 FROM $50,000, FOR A NEW TOTAL AMOUNT NOT TO EXCEED $250,000, AND AUTHORIZING THE CITY MANAGER, OR HIS

DESIGNEE TO EXECUTE THE AMENDMENT
WHEREAS, the City’s Sutter wastewater treatment facility uses two anaerobic digesters to stabilize wastewater biosolids removed as part of the wastewater treatment process. This system involves two anaerobic digesters and a Digester Gas Treatment System, which includes two boilers, one for each digester; and WHEREAS, the Peerless Boiler, one of the two boilers used in the process, is old equipment that has required numerous repairs throughout the years. Recently, staff discovered a leak in the tubes that run through the boiler, and they have determined that all tubes and associated parts need to be replaced; and WHEREAS, the required repair parts have a delivery lead time of 12-16 weeks, with an additional two weeks needed for installation. This makes the repair a timesensitive project, as the boiler may fail at any point, causing the inability to maintain the required temperature of 98.6 degrees Fahrenheit in both digesters; and WHEREAS, the existing agreement was an informal IFB not to exceed $50,000.

The current repairs are quoted at approximately $90,000. Staff recommends that it would be prudent to increase the agreement by the amount of $200,000, due to the timesensitive repairs and the old equipment potentially requiring more repairs in the near future; and
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05/23/2023/Utilities/JFarnsworth/Item # 2 2023-XXX
WHEREAS, in order to expedite the approval process, staff has requested to go directly to Council on May 23, 2023, to increase the current agreement by $200,000, for a new total amount of $250,000; and
WHEREAS, Modesto Municipal Code Section 8-3.203 generally requires all purchases, which meet or exceed $50,000 for material, equipment, or contractual services to be formally bid. However, exceptions to the formal bidding process are granted in MMC 8-3.204(d) “Where the Purchasing Manager, in his or her discretion, determines that a process other than the formal bid procedure set for in Section 8-3.203 will result in procurement for the City at the lowest possible cost commensurate with the desired quality.” Under this exception, City staff did obtain informal bids to obtain the lowest cost; and
WHEREAS, Modesto Municipal Code Section 8-3.204(c) provides that compliance with the formal bid procedures contained in Section 8-203 is not required when calling for bids on a competitive basis is undesirable due to exigent circumstances.

Here, compliance with the formal bid requirement would pose a risk to the life, health and property due to the urgent need of repairing the boiler.

NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Modesto that it hereby approves a First Amendment to the Agreement with Pyro Combustion of California, Oakdale, CA for Annual Boiler Services, increasing the Agreement amount by $200,000 from $50,000, for a new total amount not to exceed $250,000.

BE IT FURTHER RESOLVED that the City Manager, or his designee, is hereby authorized to execute the First Amendment to the Agreement in a form approved by the City Attorney.
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05/23/2023/Utilities/JFarnsworth/Item # 3 2023-XXX
The foregoing resolution was introduced at a regular meeting of the Council of the City of Modesto held on the 23rd 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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AGREEMENT TRANSMITTAL SHEET
Subject of Agreement:

Vendor Name: Division:

Contact Person: Extension:

Attorney Reviewer Name:

The attached agreement is the final agreement approved by Council on and pulled from Unity for routing via DocuSign.

The attached agreement is the final version approved through the under $50,000 Unity Workflow review and pulled from Unity for routing via DocuSign.

PINS Approval Business License
Council Agenda Report 700 Form (for Consultants)
Signed or Unsigned Resolution W-9
Council Meeting Minutes (Only if unsigned
Resolution is provided)
DocuSign Envelope ID: 0F209E7D-9B07-444C-BCB1-5E41CD12CE08 X
75369

PYRO COMBUSTION
X
Enter Council Date
X
Juana Lynch
Alex Mog
75369
ANNUAL AGREEMENT NO 230250 FOR ANNUAL BOILER SERVICE
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1 ANNUAL AGREEMENT NO 230250

FOR ANNUAL BOILER SERVICE

PYRO COMBUSTION OF CALIFORNIA
This agreement, hereinafter called AGREEMENT, made, and entered into in the City of Modesto, State of California, this ____ day of _________, 2022, by and between the City of Modesto, a municipal corporation of the State of California, hereinafter called CITY, and Pyro Combustion of California, Inc., Oakdale, CA hereinafter called CONTRACTOR.

W I T N E S E T H:

WHEREAS the CONTRACTOR provided a responsive and responsible submittal that best meets the CITY needs, attached hereto as Exhibit “A”, and made a part hereof, and WHEREAS the CITY and CONTRACTOR shall enter into an agreement for the ANNUAL BOILER SERVICE as described in IFB INF 22-14RB, attached hereto as Exhibit “B”, and made a part hereof (hereinafter called IFB).

NOW, THEREFORE, the parties hereto mutually agree as follows:

1. THE WORK:
a) CONTRACTOR shall furnish all labor, materials, equipment, fuel, tools, licenses, bonds and insurance necessary to perform and complete the required work as specified in the IFB, and in strict accordance with the conditions of the complete AGREEMENT.
b) CONTRACTOR shall do and perform the work contemplated hereby in a good workmanlike manner under the direction of and to the satisfaction of the CITY Representative.

DocuSign Envelope ID: 0F209E7D-9B07-444C-BCB1-5E41CD12CE08 22nd September
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2 c) CONTRACTOR shall maintain proper insurance with the CITY for the duration of the AGREEMENT.
d) CONTRACTOR shall maintain a CITY business license for the duration of the AGREEMENT.
e) CONTRACTOR shall furnish said services at the following AGREEMENT rates for an estimated annual amount $10,000. The total amount paid by CITY to CONTRACTOR over the full term of the AGREEMENT shall not exceed $50,000. Unless the services provided are for a lump sum or flat fee, fees for work performed by CONTRACTOR on a service basis shall not exceed the amounts shown on Bid attached hereto as Exhibit A.

AGREEMENT PRICING
Description GAS BOILER Price Per Service
Annual Inspection

3.0 MMBTU Peerless Digester Gas
Fired Boiler $ 3,100.00/Service
Tuning and Testing of Boiler
Units

3.0 MMBTU Peerless Digester Gas
Fired Boiler $ 350.00/Service
Annual Re-certification of Boiler
Units (Source Test)

3.0 MMBTU Peerless Digester Gas
Fired Boiler $ 3,600.00/Service
Emergency Repair Services as
Needed.

3.0 MMBTU Peerless Digester Gas
Fired Boiler $ 175.00/Service
Annual Inspection

3.0 MMBTU Cleaver Brooks Natural
Gas Fired Boiler $ 3,100.00_/Service
Tuning and Testing of Boiler
Units

3.0 MMBTU Cleaver Brooks Natural
Gas Fired Boiler $ 350.00/Service
Annual Re-certification of Boiler
Units (Source Test)

3.0 MMBTU Cleaver Brooks Natural
Gas Fired Boiler $ 3,600.00/Service
Emergency Repair Services as
Needed.

3.0 MMBTU Cleaver Brooks Natural
Gas Fired Boiler $ 175.00/Service

2. PREVAILING WAGES: In accordance with California Labor Code Section 1771, CONTRACTOR shall pay all workers, and shall ensure its subcontractors pay all of their workers, engaged in performing the services described in the IFB not less than the general prevailing rate of per diem wages for work of a similar character in the locality in which the services described in the IFB are to be performed, and not less than the general prevailing rate of per diem wages for holiday and overtime work as provided in the California Labor Code. In accordance with California Labor Code Section 1773.2, the CITY has obtained the general prevailing wages in the locality in which the services described in the IFB are to be performed for each craft or type of work needed to be as published by the State of California Department of Industrial Relations, Division of Labor DocuSign Envelope ID: 0F209E7D-9B07-444C-BCB1-5E41CD12CE08 #13..
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3 Statistics and Research, a copy of which is on file in the CITY’s Purchasing Department and shall be made available on request. CONTRACTOR must comply with all applicable laws and regulations that apply to wages earned in performance of the services described in the IFB, including those set forth in Labor Code section 1770 et. seq.

DIR Project ID#: 433339

3. CITY REPRESENTATIVE:

CITY Representative: Monte Hamilton, Plant Maintenance Superintendent, (209) 342-4505, [email protected]
Purchasing Contact: Carol Wattle, Buyer, (209) 577-5406, [email protected] The CITY Representative is not authorized to commit the CITY to changes in specifications, requirements, or scope of work, changes in price(s), period of performance or delivery date(s) or method of shipment. Changes of a contractual or business nature shall be effective only by written change to the AGREEMENT, issued by the City of Modesto, Purchasing Division.

4. CONTRACTOR CONTACT:

CONTRACTOR: Rob Abraham, Sales, (702) 384-7976, [email protected]

5. TERM OF AGREEMENT: The term of the AGREEMENT shall be for a period of two years with three one-year extension options at the sole discretion of CITY, for a total of up to five years.

Year 1: August 1, 2022 through July 31, 2023
Year 2: August 1, 2023 through July 31, 2024
Year 3: August 1, 2024 through July 31, 2025
Year 4: August 1, 2025 through July 31, 2026
Year 5: August 1, 2026 through July 31, 2027
Pricing as set forth in Section 1.e. above shall remain firm for the first two years of the AGREEMENT.

Price increases for any subsequent AGREEMENT years following the second year, shall not exceed the percentage change in the Consumer Price Index (CPI-U) for the City of Modesto West Urban Area in any one AGREEMENT year, and shall be negotiated through the Purchasing Division. Requests for price increases DocuSign Envelope ID: 0F209E7D-9B07-444C-BCB1-5E41CD12CE08 #13..
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4 shall be submitted by CONTRACTOR in writing, ninety (90) days prior to the annual anniversary date of the AGREEMENT to be effective for the subsequent year.

6. LIABILITY INSURANCE: The CONTRACTOR shall provide, at its own expense, and always maintain the following insurance with insurance companies licensed in the State of California and shall provide evidence of such insurance to the CITY as may be required by the City Clerk of the CITY. The policies or certificates thereof shall provide that, at least 30 days prior to cancellation or material change in the policy, notices of same shall be given to the Risk Manager of the CITY via PINS Advantage Insurance Program, for all the following stated insurance policies.
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 limit. The insurance shall indicate on the certificate of insurance the following coverage and indicate the policy aggregate limit applying to: premises and operations; broad form contractual; independent contractors and subcontractors; products and completed operations; and/or professional liability.
b. Automobile Liability – insurance with a minimum limit of liability per occurrence of $1,000,000 for bodily injury and property damage and transportation related pollution liability. This insurance shall cover any automobile for bodily injury and property damage.
c. Workers' Compensation - in compliance with the statutes of the State of California, plus employer's liability with a minimum limit of liability of $1,000,000 per accident for bodily injury or disease.

If at any time any of said policies shall be unsatisfactory to the CITY, as to form or substance or if a company issuing such policy shall be unsatisfactory to the CITY, the CONTRACTOR shall promptly obtain a new policy, submit the same to the CITY’s Risk Management via PINS for approval and submit a certificate thereof as hereinabove provided. Upon failure of the CONTRACTOR to furnish, deliver or maintain such insurance and certificates as above provided, this AGREEMENT, at the election of the CITY, may be forthwith declared suspended, or terminated. Failure of the CONTRACTOR to obtain and/or maintain any required DocuSign Envelope ID: 0F209E7D-9B07-444C-BCB1-5E41CD12CE08 #13..
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5 insurance shall not relieve the CONTRACTOR from any liability under this AGREEMENT, nor shall the insurance requirements be construed to conflict with or otherwise limit the obligations of the CONTRACTOR concerning indemnification. The CITY, its agents, officers, officials, employees, and volunteers shall be named as an additional insured on all insurance policies required herein, except Workers' Compensation.

The Workers' Compensation insurer shall agree to waive all rights of subrogation against the CITY, its agents, officers, employees, and volunteers for losses arising from work performed by CONTRACTOR for the CITY.

The CONTRACTOR’s insurance policy(ices) shall include a provision that the coverage is primary as respects the CITY; shall include no special limitations to coverage provided to additional insured; and shall be placed with insurer(s) with acceptable Best's rating of A: VII or with approval of the CITY’s Risk Manager.

For any claims related to this AGREEMENT, the CONTRACTOR’s insurance coverage shall be primary insurance as respects CITY, its agents, its officers, officials, employees, and volunteers. Any insurance or selfinsurance maintained by CITY, its agents, its officers, officials, employees, or volunteers shall be excess of the CONTRACTOR’s insurance and shall not contribute with it.

7. PAYMENT: CONTRACTOR shall invoice CITY not less than once per month based on the cost for services performed and reimbursable costs incurred prior to the invoice date. All invoices shall be paid in full under the following payment terms after completion and acceptance of the SERVICES by the CITY, and receipt of a properly prepared invoice, CITY will pay CONTRACTOR at Net 45 Days via manual check. The CITY is exempt from payment of Federal Excise Tax, and all invoices shall be exclusive of such excise tax.

Invoice to: City of Modesto
Attn: Accounts Payable
P.O. Box 642
Modesto, CA 95353
Email to: [email protected]
At a minimum, invoices shall state the following:
 This AGREEMENT number 230250
DocuSign Envelope ID: 0F209E7D-9B07-444C-BCB1-5E41CD12CE08 #13..
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6  CITY department/division name and address
 Billing period
 Service hours worked day and week
 Unit price, extended price, sales tax, and total

8. INDEMNITY: The CONTRACTOR shall hold the CITY, its agents, officials, officers, employees, and volunteers, harmless from and save, defend and indemnify them against any and all claims, losses, liabilities, judgments or damages from every cause, including but not limited to injury to person or property or wrongful death, including reasonable costs and expenses of defense of any judicial or administrative action, arising directly or indirectly out of any negligent or intentional act or omission of CONTRACTOR, or its agents, officials, officers, employees, or volunteers relating to or during the performance of its obligations under this AGREEMENT. CONTRACTOR’s obligation to defend, indemnify, and hold the CITY, its agents, officials, officers, and employees harmless under the provisions of this paragraph is not limited to or restricted by any requirement in this AGREEMENT for CONTRACTOR to procure and maintain a policy of insurance.

9. VENUE & GOVERNING LAW: Venue for any dispute or claim arising or related to this AGREEMENT its performance, breach, or interpretation (including issues about its validity or enforceability), shall be exclusively in the Superior Court of Stanislaus County or the United States District Court for the Eastern District of California.

This AGREEMENT shall be deemed made in, governed by, performed in, and construed and enforced in accordance with the laws of the State of California, without giving effect to its conflicts of law’s provisions or principles.

10. ATTORNEYS’ FEES: If a party to this AGREEMENT brings any action, including an action for declaratory relief, to enforce or interpret the provision of this AGREEMENT, the prevailing party shall be entitled to reasonable attorneys’ fees in addition to any other relief to which that party may be entitled. The court may set such fees in the same action or in a separate action brought for that purpose.

11. COMMENCEMENT AND COMPLETION OF THE WORK: The work contemplated herein shall be commenced after the agreement administrator receives and has on file:

DocuSign Envelope ID: 0F209E7D-9B07-444C-BCB1-5E41CD12CE08 #13..
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7 Proofs of insurance (approved by CITY Risk Manager); and Executed Agreement;
a. CONTRACTOR Bid submittal;
b. IFB No. INF 22-14RB;
c. CONTRACTOR’s City of Modesto business license

12. TERMINATION OF SERVICES:

Termination for Default: In the event either party fails to perform under this AGREEMENT or breaches any condition contained herein, the other party shall notify in writing the breaching party of the nonperformance. Within 10 days after receipt of notification, the breaching party shall correct any nonperformance to the reasonable satisfaction of the non-breaching party, or such other time as may be identified in the notice. Failure to correct any non-performance shall allow the non-breaching party to terminate this AGREEMENT for cause.

Termination by City for Convenience: The City may also terminate this AGREEMENT the Contractor's performance underthe Agreement, eitherin whole orin part, at its own discretion and without cause.

Post-Termination Procedure : Upon receipt of a written notice of termination pursuant to either of the foregoing paragraphs, the CONTRACTOR shall:
a. Cease its work as directed in the notice of termination as of the termination date and see to it that its employees, subcontractors, and agents are notified of such termination and act as specified in the notice of termination; b. Terminate all orders and subcontracts except as necessary to complete any portion of the SERVICES that are 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, but in no event shall recovery by any CONTRACTOR or subcontractor include lost profits for portions of the DocuSign Envelope ID: 0F209E7D-9B07-444C-BCB1-5E41CD12CE08 #13..
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8 SERVICES not completed or undertaken, including materials not delivered; d. Deliver or otherwise make available to the CITY all data, drawings, specifications, reports, estimates, summaries and such other information and material as may have been accumulated by the CONTRACTOR in performing the SERVICES 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 SERVICES 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 SERVICES and/or property related to the SERVICES;
h. If CITY so requests, and at CITY's cost, CONTRACTOR shall provide sufficient oral or written status reports to make CITY reasonably aware of the status of CONTRACTOR’s work on the SERVICES.
i. CONTRACTOR understands and agrees that CITY may, in CITY’s sole discretion, refuse to pay CONTRACTOR for that portion of CONTRACTOR's SERVICES which were performed by CONTRACTOR on the project prior to the termination date and which remain unacceptable and/or not useful to CONTRACTOR as of the termination date.

CITY will pay CONTRACTOR for SERVICES completed prior to the receipt of the termination notice or otherwise completed in accordance with the notice of termination. The final payment to the CONTRACTOR after termination for convenience shall be limited to amounts due and owing under the AGREEMENT at time of termination, including the following:
a. The cost of settling and paying valid claims arising out of the termination of the SERVICES such as subcontractor agreements or contracts for materials; b. The AGREEMENT price allocable to the portion of the SERVICES properly performed or goods supplied to the work site by the CONTRACTOR as of the DocuSign Envelope ID: 0F209E7D-9B07-444C-BCB1-5E41CD12CE08 #13..
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9 date of termination, as determined in accordance with the notice of termination, reduced by any sums previously paid to the CONTRACTOR for such SERVICES.

13. COMPLIANCE WITH ALL LAWS: CONTRACTOR hereby agrees that CONTRACTOR and its subcontractors, if any, in the performance of the SERVICES described herein, will comply with all federal, state, county and municipal laws, rules and regulations which may be applicable to the work herein contracted for, whether now in existence or hereafter adopted.

14. FAILURE TO PERFORM SATISFACTORY WORK: It is agreed and understood that if the CONTRACTOR fails to perform the SERVICES as specified herein, CITY's representative may:
a. Consent to accept such unsatisfactory service with an appropriate adjustment in contract price, based on established cost factors,
b. Have such required work done by CITY forces or otherwise, and charge the cost thereof to the CONTRACTOR, or
c. Recommend termination of AGREEMENT between said the CONTRACTOR and the City of Modesto.

Those discrepancies and deficiencies in the SERVICES that remains uncorrected after the date set for correction may be the necessary justification for a billing adjustment in the month following the occurrence.

Unless otherwise negotiated, billing adjustments for this incomplete or uncorrected work shall be permanent retention of 100% of the estimated monthly cost for the SERVICES not corrected or completed.

15. ASSIGNMENT OF RIGHTS: The CONTRACTOR offers and agrees, and will require all subcontractors and suppliers to agree, to assign to the CITY all rights, title, and interest in and to all causes of action it and they may have under Section 4 of the Clayton Act (15 United States code, Section 15) or under the Cartwright Act (Business and Professions Code, Section 16700 et seq.), arising from the acquisition of goods, services, or materials pursuant to this AGREEMENT or any allowed subcontract. The assignment made by CONTRACTOR and all assignments made by subcontractors and suppliers shall be made and become effective DocuSign Envelope ID: 0F209E7D-9B07-444C-BCB1-5E41CD12CE08 #13..
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10 at the time the CITY makes final payment to the CONTRACTOR, without further acknowledgment by the parties (Government Code, Sections 4550-4554).

16. CITY PROCESS/PROCEDURE APPROVALS: CITY approval of any process or procedure shall not relieve CONTRACTOR of its responsibility to furnish the required SERVICES meeting all specifications contained herein.

17. DIR REGISTRATION: Pursuant to Labor Code section 1771.1, CONTRACTOR may not engage in the performance of the Services set forth in Exhibit “C”, unless currently registered and qualified to perform public work pursuant to Section 1725.5 thereof. As required in Section 7029.1 of the Business and Professions Code or by Section 10164 or 20103.5 of the Public Contract Code, that during term of this AGREEMENT, CONTRACTOR shall be registered to perform public work pursuant to Section 1725.5 thereof.

18. CONTRACTOR'S RESPONSIBILITY FOR DAMAGES: If CONTRACTOR damages any property belonging to the CITY or a third party, the CONTRACTOR will be required to make repairs immediately, at CONTRACTOR’s sole cost and expense, to the satisfaction of the CITY. In the event that CONTRACTOR fails to perform the necessary repairs, the CITY may either retain from the money due to CONTRACTOR an amount sufficient to repair the damage or perform the repairs and send an invoice to the CONTRACTOR for such costs, which shall be paid within thirty (30) days.

19. NOTICES: Any notice, payment or instrument required or permitted by this AGREEMENT to be given or delivered to either party shall be deemed to have been received when personally delivered, or one calendar week following deposit of the same in any United States Post Office, registered or certified mail, postage prepaid, addressed as follows:

CONTRACTOR: Pyro Combustion of California
2969 S. Highland Drive
Las Vegas, NV 89109
Attn: Rob Abraham
CITY: City of Modesto
Purchasing Division
P.O. Box 642
Modesto, CA 95353
DocuSign Envelope ID: 0F209E7D-9B07-444C-BCB1-5E41CD12CE08 #13..
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11 Each party may change its address for delivery of notice by delivering written notice of such change of address to the other party.

20. SIGNATORY(IES) FOR CONTRACTOR: Each signatory for CONTRACTOR below warrants and represents that it is legally competent to, and have full authority to, execute the AGREEMENT.

21. QUANTITIES: No minimum or maximum is guaranteed or implied.

22. FUNDING: All annual extensions are based upon continuous funding for that purpose by the City Council. Failure to fund any annual extension shall result in an immediate termination of the AGREEMENT without redress.

23. OTHER GOVERNMENT/PUBLICLY FUNDED AGENCIES: If mutually agreeable to all parties, the issuance of any resultant contract/purchase order referencing these specifications and modified by mutual agreement between all parties may be extended to other government or publicly funded agencies. It shall be understood that all terms and conditions as specified herein shall apply.

24. NON-DISCRIMINATION:
a. During the performance of this AGREEMENT, CONTRACTOR and any allowed subcontractors shall not unlawfully discriminate against any employee or applicant for employment because of race, color, ancestry, religion, sex, national origin, marital status, age, medical condition (cancer related), physical handicap (including AIDS), sexual orientation, or any other basis prohibited by Federal or California law. Equal employment opportunity extends, but is not limited to recruitment, compensation, benefits, layoff, termination, and all other conditions of employment. The CONTRACTOR and any allowed subcontractors shall ensure that the evaluation and treatment of their employees and applicants for employment are free of such discrimination.

The CONTRACTOR and any allowed subcontractors shall comply with the provisions of the Fair Employment and Housing Act (Government Code, Section 12900 et seq.) and the applicable regulations promulgated thereunder (California Administrative Code, Title 2, and Section 7285.0 et seq.). The applicable regulations of the Fair Employment and Housing Commission implementing Government Code, Section 12900, set forth in DocuSign Envelope ID: 0F209E7D-9B07-444C-BCB1-5E41CD12CE08 #13..
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12 Chapter 5 of Division 4 of Title 2 of the California Administrative Code are incorporated into this contract by reference and made a part hereof as if set forth in full. b. The CONTRACTOR and any allowed subcontractors shall give written notice of their obligations under this clause to labor organizations with which they have a collective bargaining or other agreement.
c. The CONTRACTOR shall include the nondiscrimination and compliance provisions of this clause in any allowed subcontracts to perform SERVICES. d. The Contractor shall permit access by representatives of the Department of Fair Employment and Housing and the CITY upon reasonable notice at any time during the normal business hours, but in no case less than 24 hours’ notice, to such of its books, records, accounts, other sources of information and its facilities as said Department or CITY shall require to ascertain compliance with this AGREEMENT. e. By executing this AGREEMENT, CONTRACTOR certifies that it shall follow and be in compliance with the Americans with Disabilities Act of 1990, the applicable administrative requirements promulgated in response thereto, and any other applicable Federal laws and regulations relating to handicap discrimination and participation and will continue to do so for at least the duration of the AGREEMENT and any extensions thereof.

25. CONTRACTOR LICENSES & PERMITS: CONTRACTOR warrants and represents that it possesses and shall maintain all licenses, and shall secure and maintain all necessary permits, necessary to perform the SERVICES.

26. RECORDS: All final versions of reports, data, maps, models, charts, studies, surveys, photographs, memoranda, plans, studies, specifications, records, files, or any other documents or materials, in electronic or any other form, that CONTRACTOR prepares or obtains pursuant to this Agreement and that relate to the matters covered hereunder shall be the property of the CITY. CONTRACTOR hereby agrees to deliver those documents to the CITY upon termination of the AGREEMENT, and the CITY may use, reuse, or otherwise dispose of the documents without CONTRACTOR’s permission. It is understood and agreed that the DocuSign Envelope ID: 0F209E7D-9B07-444C-BCB1-5E41CD12CE08 #13..
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13 documents and other materials, including but not limited to those described above, prepared pursuant to this AGREEMENT are prepared specifically for the City and are not necessarily suitable for any future or other use.

27. FACILITIES AND EQUIPMENT: Except as set forth herein, CONTRACTOR shall, at its sole cost and expense, provide all facilities and equipment that may be necessary to perform the services required by this AGREEMENT. CITY shall make available to CONTRACTOR only the facilities and equipment listed in EXHIBIT “A” and “B”, and only under the terms and conditions set forth herein.

28. INDEPENDENT CONTRACTOR; NOT AGENT: At all times during the term of this AGREEMENT, CONTRACTOR shall be an independent contractor and shall not be an employee of CITY. CITY shall have the right to control CONTRACTOR only insofar as the results of CONTRACTOR’s services rendered pursuant to this AGREEMENT. Except as City may specify in writing, CONTRACTOR shall have no authority, express or implied, to act on behalf of CITY in any capacity whatsoever as an agent. CONTRACTOR shall have no authority, express or implied, pursuant to this AGREEMENT to bind City to any obligation whatsoever.

29. DRUG FREE WORKPLACE: CONTRACTOR certifies that it is following and in compliance with Sections 8350 - 8355 of Chapter 5.5 of the Government Code, Drug Free Workplace Act whereby each person or organization awarded a contract/purchase order or grant for the procurement of any property or service from any state agency (city) shall certify to the contracting or granting agency that it will provide a drug free workplace.

30. ASSIGNMENT: Neither this AGREEMENT nor any SERVICES hereunder shall be subcontracted or assigned by CONTRACTOR without the prior written consent of the CITY in each and every instance.

31. WAIVER: The waiver by any party to this AGREEMENT of a breach of any provision hereof shall be in writing and shall not operate or be construed as a waiver of any other or subsequent breach hereof unless specifically stated in writing.

32. HEADINGS NOT CONTROLLING: Headings used in the Agreement are for reference purposes only and shall not be considered in construing this AGREEMENT.

33. MISCELLANEOUS: Time is of the essence in CONTRACTOR’s performance under each provision of this AGREEMENT.

DocuSign Envelope ID: 0F209E7D-9B07-444C-BCB1-5E41CD12CE08 #13..
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14 34. ENTIRE AGREEMENT: This AGREEMENT and its exhibits contain the entire understanding between CONTRACTOR and CITY. Additional or new terms contained in this AGREEMENT which vary from CONTRACTOR’s bid are controlling and are deemed accepted by CONTRACTOR by performance of any SERVICES or other commencement of performance hereunder. The terms and conditions of the IFB, attached hereto as Exhibit B, are incorporated herein. In the event of a conflict between the IFB and this AGREEMENT, this AGREEMENT shall control. All previous bids, offers and communications relative to this AGREEMENT, whether oral or written, are hereby superseded except to the extent that they have been incorporated into this AGREEMENT. No future waiver or exception to any of the terms, conditions, and provisions of this AGREEMENT shall be considered valid unless specifically agreed to in writing by the parties.

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

IN WITNESS WHEREOF, the CITY OF MODESTO, a municipal corporation, has authorized the execution of this AGREEMENT in duplicate by its City Manager and attested by its City Clerk on the _____________ day of _____________________, 2022 and Pyro Combustion of California has caused this AGREEMENT to be duly executed.

DocuSign Envelope ID: 0F209E7D-9B07-444C-BCB1-5E41CD12CE08 28th September
#13..
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CITY OF MODESTO,
a municipal corporation
BY: ____________________________
JOSEPH P. LOPEZ, City Manager
ATTEST:
(Seal)
BY: ____________________________

DIANE NAYARES-PEREZ, CMC,
City Clerk
________________________________
BY: ____________________________
By _____________________________
Name Title
BY: ____________________________
By _____________________________
Name Title
APPROVED AS TO FORM:

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

BY: ____________________________
JOE F. RODRIGUEZ, Risk Manager
Federal ID # ___________
DocuSign Envelope ID: 0F209E7D-9B07-444C-BCB1-5E41CD12CE08

PYRO COMBUSTION
Rob Abraham
20-5625358
Sales Manager
9/28/2022
#13..
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INVITATION FOR BIDS # INF 22-14RB
Annual Boiler Service
1 THE PAYMENT OF PREVAILING WAGES IS REQUIRED
ANY RESULTING AGREEMENT WILL NOT BE PARTIALLY OR FULLY FEDERALLYFUNDED DUE DATE: July 26, 2022 at 11:00 A.M.

CITY OF MODESTO CONTACT: Carol Wattle, Buyer
E-MAIL ADDRESS: [email protected]

EXHIBIT A
DocuSign Envelope ID: 0F209E7D-9B07-444C-BCB1-5E41CD12CE08 #13..
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INVITATION FOR BIDS # INF 22-14RB
Annual Boiler Service
2 CITY CONTACT
All questions regarding these specifications, terms, and conditions shall be submitted in writing via email to the City’s Purchasing Division contact named on the cover page of this IFB (“City Contact”) by the date listed above. The City will respond to pertinent questions through issuance of an Addendum to be available to all Bidders. All contact between Bidder and the City regarding the Bid process shall be through the City Contact. Attempts by the Bidder to contact other City personnel regarding this IFB and associated process may result in disqualification of the Bidder. Notwithstanding the foregoing, information intentionally or un-intentionally provided by any person other than the City Contact may not be correct and will not be binding upon the City.

BIDDER FAMILIARITY WITH SERVICE CONDITIONS
It is the responsibility of each Bidder to become familiar with all the specifications, terms and conditions and the site condition (if applicable). The Bidder agrees to and acknowledges all IFB specifications, terms, and conditions and indicates the ability to perform by submission of a Bid. By the submission of a Bid, the Bidder certifies that if awarded an agreement it will make no claim against the City based upon ignorance of conditions or misunderstanding of the specifications.

CALIFORNIA LABOR CODE SECTION 1771.1 (a)
The California Labor Code states that, “A contractor or subcontractor shall not be qualified to Bid on, be listed in a Bid proposal, subject to the requirements of Section 4104 of the Public Contract Code or engage in the performance of any contract for public work, as defined in this chapter, unless currently registered and qualified to perform public work pursuant to Section 1725.5. It is not a violation of this section for an unregistered contractor to submit a Bid that is authorized by Section 7029.1 of the Business and Professions Code or by Section 10164 or 20103.5 of the Public Contract Code, provided the contractor is registered to perform public work pursuant to Section 1725.5 at the time the contract is awarded.” This IFB is subject to the registration requirement set forth above.

PRECEDENCE
Bidder agrees that any agreement resulting from City’s acceptance of its Bid, together with the terms in any City purchase order and associated specifications provided by the City to Bidder therewith, shall comprise the entire agreement between City and Bidder. Moreover, Bidder agrees that any additional or contrary terms contained in Bidder’s acknowledgement of, shall be null and void.

DocuSign Envelope ID: 0F209E7D-9B07-444C-BCB1-5E41CD12CE08 #13..
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INVITATION FOR BIDS # INF 22-14RB
Annual Boiler Service
3 GENERAL BID REQUIREMENTS
A. PROPOSED PRICING FORMAT:
• The cost of labor, equipment, fuel, licenses, bonds, permits, and insurance necessary to perform the required provision of Services shall be included in Bid pricing, along with Bidder’s profit margin and any other cost factors.
• Unless otherwise stated, the Bidder agrees that, in the event of a price decline, the benefit of such lower pricing shall be extended to the City.
• The City of Modesto shall not pay mileage charges or travel time from the Contractor’s place of business to the job site, or from site to site, or for the Contractor’s travel time to pick up materials.
• Bidder shall use the pricing schedule provided in this IFB to present Bid pricing. No other form or format shall be accepted. Bid must be submitted on the Pricing Schedule provided. No alterations may be made to the pricing schedule.

B. AWARD OF BID:
• The City may award one or more agreements to one or more Bidder in order to provide for backup, or in case the “primary” contractor is unable to meet the City’s needs. • The City reserves the right to decline to award any agreement if it is determined that the proposed pricing is not competitively priced based on similar agreements with public agencies within the State of California or if the bids received fail to meet the City’s requirements.
• The City reserves the right to select that Bid, which best suits the City’s needs. In addition to price, consideration will be given to the quality and performance of the service to be purchased, and the criteria listed in Modesto Municipal Code Section 8-

3.203(f). Regardless of City staff’s recommendation, the City Council reserves the right to award an agreement to the Bidder that best suits the City’s needs as determined by the City Council whether said award is consistent with City staff’s recommendation for award.

DocuSign Envelope ID: 0F209E7D-9B07-444C-BCB1-5E41CD12CE08 #13..
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INVITATION FOR BIDS # INF 22-14RB
Annual Boiler Service
4 C. LOCAL BUSINESS PREFERENCE DECLARATION: Should the Bidder that submits the lowest responsive Bid or and would otherwise normally qualify to receive the Bid pursuant to Sections 8-3.203 and 8-3.204 of the Modesto Municipal Code (MMC) not be a local business as defined herein, the lowest Bid or quote submitted by a local business that is within 5%of the lowest Bid, whether or not that Bidder is the second lowest Bidder, may be deemed to be the lowest Bidder if the local Bidder agrees to reduce its Bid to match the Bid or quote of the lowest Bidder in writing within five business days after notification by City Purchasing staff, provided that said local Bidder is deemed to be a responsible Bidder as determined by the Purchasing Manager. To qualify as a local Bidder, the Bidder must have a physical business location within the City of Modesto and a current City of Modesto business license.

D. INDEMNITY: The successful Bidder (the “Contractor”) will be required to hold the City, its agents, officers, employees, and volunteers, harmless from and save, defend and indemnify them against any and all claims, losses, liabilities, judgements or damages from every cause, including but not limited to injury to person or property or wrongful death, including reasonable costs and expenses of defense of any judicial or administrative action, arising directly or indirectly out of any negligent or intentional act or omission of the Contractor, its agents, officers, employees, and volunteers relating to or during the performance of its obligations under this Bid. Contractor’s obligation to defend, indemnify, and hold the city, its agents, officers, and employees harmless under the provisions of this paragraph is not limited to or restricted by any requirement for Contractor to procure and maintain a policy of insurance. With reference to the foregoing, the parties agree that all risk of loss, including but not limited to damages, property losses and defense of third-party suits, arising out of or relation to the operation of City-owned vehicles by Contractor’s employees will be apportioned to Contractor in accordance with the provisions contained in indemnity.

E. PREVAILING WAGE: Bidder’s workers must be paid no less than the prevailing wage rate as published by the State of California Department of Industrial Relations (DIR), and the successful Bidder shall maintain certified payroll. For additional information regarding Prevailing Wages, please contact the DIR at www.DIR.CA.gov or call its Labor Research and Statistics Unit, Prevailing Wage Unit at 415/703-4774. The City standards available at the following web address shall also apply to the performance of the Bid: City Standards Website:
https://www.modestogov.com/ArchiveCenter/ViewFile/Item/1120 DocuSign Envelope ID: 0F209E7D-9B07-444C-BCB1-5E41CD12CE08 #13..
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INVITATION FOR BIDS # INF 22-14RB
Annual Boiler Service
5 F. BIDDER REPRESENTATION: Bidder represents that:
• Bidder has had an opportunity to examine and has examined any and all of the documents, including specifications, any resultant contract and supporting data, and that it has, from the information contained in such documents, specifications, and data, fully acquainted itself with all conditions relevant to the work. • Bidder has made all reasonable investigations essential to a full understanding of the difficulties, which may be encountered in performing the work. • Bidder will complete the proposed provision of Services for the compensation stated in any resultant agreement.
• Bidder assumes full and complete responsibility for all conditions relevant to the proposed provision of Services and all risks in connection therewith. • Bidder represents that it is fully qualified to perform the proposed provision of Services in accordance with the terms of any resultant agreement within the time specified therein.

DocuSign Envelope ID: 0F209E7D-9B07-444C-BCB1-5E41CD12CE08 #13..
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INVITATION FOR BIDS # INF 22-14RB
Annual Boiler Service
6 BID FORM A – BIDDER COMPANY INFORMATION
A. Bidder Company
Full Legal Name
B. Bidder Company
Marketplace (or
DBA) Name
C. Type of Legal
Entity:
___ Corporation, registered in ____________________ (State) ___ Limited Liability Company, registered in _________________(State) ___ Partnership, registered in ________________(State)
___ Sole Proprietorship, registered in ____________(State) ___ Other ___________________________________________(Describe) D. Headquarters
Address (Street
Address, City, State,
Country, Postal
Code):

E. Website Address: www.___________
F. Contact Person
Details:

Name:

Title:

Phone (Office):

Phone (Mobile):

Mailing Address (Street Address, City, State, Postal Code):

Fax Number:

G. Federal Taxpayer
Identification
Number (TIN):

H. Dun & Bradstreet
(DUNS) Number:

I. Names and Titles of
Top Three Bidder
Officers:

J. Years in Business:

K. Bidder Office
Address Closest to
City of Modesto
(Street Address,
City, State, Country,
Postal Code):
017046960
607B Hitech Parkway
Oakdale, CA 95361
2006Rob Abraham - Sales Jake Greengo- President 20-5625358 702.385.7976 Same as above 702.413.4977 702.384.7976
Sales Rob Abraham
2969 S. Highland Drive
Las Vegas, NV 89109
X California Pyro Combustion of California, Inc.

DocuSign Envelope ID: 0F209E7D-9B07-444C-BCB1-5E41CD12CE08 #13..
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INVITATION FOR BIDS # INF 22-14RB
Annual Boiler Service
7 L. City of Modesto
Business License
Number (note –
provide only if
available now - - but
not required until
any contract begins):

M. State of California
Contractor License
Number and
Expiration Date (if
available):

N. State of California
Department of
Industrial Relations
(DIR) Registration
Number and
Expiration Date (if
available):
2934024 894830
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INVITATION FOR BIDS # INF 22-14RB
Annual Boiler Service
8 BID FORM B - PRICING SCHEDULE
All labor, materials, equipment, tools, fuel, licenses, bonds, insurance, and other expenses necessary for Bidder to perform the required services shall be included in Bid pricing. Bid must be submitted on the below Pricing Schedule provided. No alterations should be made to the pricing schedule.

The payment of Prevailing Wages is required for this project.

Item No. Description GAS BOILER Price Per Service
A1 Annual Inspection

3.0 MMBTU Peerless
Digester Gas Fired Boiler $ _______________/Service
A2
Tuning and Testing of Boiler
Units

3.0 MMBTU Peerless
Digester Gas Fired Boiler $ _______________/Service
A3
Annual Re-certification of Boiler
Units (Source Test)

3.0 MMBTU Peerless
Digester Gas Fired Boiler $ _______________/Service
A4
Emergency Repair Services as
Needed.

3.0 MMBTU Peerless
Digester Gas Fired Boiler $ ___ _____ ____/Service
A5 Annual Inspection

3.0 MMBTU Cleaver Brooks
Natural Gas Fired Boiler $ _______________/Service
A6
Tuning and Testing of Boiler
Units

3.0 MMBTU Cleaver Brooks
Natural Gas Fired Boiler $ _______________/Service
A7
Annual Re-certification of Boiler
Units (Source Test)

3.0 MMBTU Cleaver Brooks
Natural Gas Fired Boiler $ _______________/Service
A8
Emergency Repair Services as
Needed.

3.0 MMBTU Cleaver Brooks
Natural Gas Fired Boiler $ _______________/Service
ePay $-(_______________)
Total Items: $__________________/Total
3,100.00
350.00
3,100.00
350.00
175.00
175.00
3,600.00
3,600.00
DocuSign Envelope ID: 0F209E7D-9B07-444C-BCB1-5E41CD12CE08 #13..
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INVITATION FOR BIDS # INF 22-14RB
Annual Boiler Service
9 Payment Terms:

Check which of the following payment terms/methodology Bidder accepts:

Choose One:
• Option A (Preferred): City of Modesto ePay Payment on Net 30 Day Timing: ___ Choose by checking () here. If selected, for bid comparison purposes, Bidder’s pricing will be reduced by the City of Modesto’s average ePay card program rebate percentage; or • Manual Check Payment Mailed by US Postal Service First Class Mail Only on Net 45 Day Timing:
___ Choose by checking () here.

THE undersigned acknowledges receipt of the referenced IFB and any associated Addenda and offers to furnish the articles and/or services specified, in accordance with the specifications, terms and conditions of this IFB and these Bid documents, for the pricing indicated on the Pricing Schedule.

Bidder Company Name:

Name of Bidder Signatory:

Signature of Bidder Representative:

Pyro Combustion of California, Inc.

Rob Abraham
x
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INVITATION FOR BIDS # INF 22-14RB
Annual Boiler Service
10 BID FORM C - LOCAL BUSINESS PREFERENCE DECLARATION
Notice Pursuant to Modesto Municipal Code section 8.3-206 - Should the Bidder which submits the lowest responsive Bid (and would otherwise normally qualify to receive the Bid pursuant to Sections 8-3.203 and 8-

3.204 of the Modesto Municipal Code) not be a local business as defined herein, the lowest Bid or quote submitted by a local business that is within five percent (5%) of the lowest Bid or quote, whether or not that Bidder is the second lowest Bidder, may be deemed to be the lowest Bidder if the local Bidder agrees to reduce its Bid to match the Bid of the lowest Bidder in writing within five business days after notification by City Purchasing staff, provided that said local Bidder is deemed to be a responsible Bidder as determined by the Purchasing Manager.

Notwithstanding the foregoing, award to the local Bidder must still be approved by the City Council as would have the typical award.

To qualify as a local Bidder, the Bidder must have a physical business location within the City of Modesto and a current City of Modesto business license.

This document is only required should the Bidder request to be considered for the Support of Local Vendor preference, and meets the criteria noted above.

Check here:

I declare I am a local business per the above criteria
Bidder Company Name:

City of Modesto Address (Street,
City, State, Postal Code:

City of Modesto Business License
Number:

Under penalty of perjury, the undersigned declares that the foregoing information is true and correct:

Print/Type Name:

Title:

Signature:
x
Pyro Combustion of California, Inc.
1278386
607B Hi Tech Parkway Oakdale, CA 95361-9372
Rob Abraham
Sales
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INVITATION FOR BIDS # INF 22-14RB
Annual Boiler Service
11 Date:

BID FORM D – BIDDER WARRANTY STATEMENTS
As a material part of its Bid, Bidder shall insert below a written statement detailing any materials and workmanship warranties, term, and conditions in conformance with the specifications and requirements set forth in this IFB.

Notwithstanding any other provisions of this IFB, Bidder warrants that the materials, supplies, or other services furnished under any contract or purchase order resulting from its Bid shall be on the most suitable grade and meet or exceed the standards set forth in this IFB. Such warranty shall include the following: performance, workmanship, labor, materials, and Bidder design or engineering contributions. If a defect is discovered in any item of the materials, assemblies, components, supplies, or services covered in this Bid, Bidder shall correct at its sole expense, all such defects as are reported within 30 days of City’s final acceptance. Upon expiration of the applicable warranty period, all such liability shall terminate except for fraud or such gross mistakes as amount to fraud, latent defects, or specific failure to comply with the terms or any resultant purchase order.

All materials, parts, labor, assemblies, and components shall by subject to the warranty conditions and terms unless specifically exempted in writing by the City of Modesto.

Bidder Company Legal Name: Insert Bidder Logo Here (if existent):

Insert Bidder Warranty Statement Beginning Here:

Pyro Combustion of California, Inc.
1 Year Parts based on manufacurer approval , 90 Days Labor DocuSign Envelope ID: 0F209E7D-9B07-444C-BCB1-5E41CD12CE08 #13..
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INVITATION FOR BIDS # INF 22-14RB
Annual Boiler Service
12 BID FORM E - SUBCONTRACTOR LIST
Bidder shall list the name and the address of the place of business for each subcontractor who will perform work or labor or render services to the Bidder. In addition, list the type of work the subcontractor will perform, and (if applicable) its Department of Industrial Relations (DIR) registration number and its California Contractor’s license number:

Name of
Subcontractor
Address Type of Work Contractor
License # (if any)
DIR
Registration #
(if any)
Bidder Company Name:

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INVITATION FOR BIDS # INF 22-14RB
Annual Boiler Service
13 TECHNICAL SPECIFICATIONS AND REQUIREMENTS

1.1 SCOPE OF WORK:

The City of Modesto Utilities Department, Water Quality Control Division, is requesting services for two (2) gas fired boiler units:
• 3.0 MMBTU Peerless Digester Gas Fired Boiler
• 3.0 MMBTU Cleaver Brooks Natural Gas Fired Boiler
The successful bidder shall provide the following:

1. Annual Inspection

2. Tuning and Testing

3. Annual Recertification

4. Emergency Repair Services – 24-hour response

1.2 REQUIRED LICENSES:

Prior to beginning any service that shall be furnished under this specification, the Bidder shall secure the appropriate Business/Delivery license from the City of Modesto. Business/Delivery license information may be obtained by calling (209) 577-5389 or emailing [email protected]. The successful Bidder shall maintain a City of Modesto business license for the duration of the agreement.

1.3. CALIFORNIA CONTRACTORS LICENSE: If the Bidder is furnishing any labor or service including installation or maintenance, the Bidder shall be registered as a contractor with the Department of Industrial Relations and possess the appropriate California Contractor's license(s) at the time the Bid is submitted. A contract shall not be awarded to a Bidder that is not registered with the Department and Industrial Relations or does not possess the appropriate Contractor's license(s). The appropriate Contractor's license(s) is that specified in this request, or if not specified, that which is otherwise required by law, and qualifies the Contractor to do business in the State of California. Bidder shall indicate its license(s) number and expiration date on the Pricing Schedule.

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14 SAMPLE AGREEMENT

SAMPLE ANNUAL AGREEMENT - SERVICES
This agreement, hereinafter called AGREEMENT, made, and entered into in the City of Modesto, State of California, this ____ day of _________, 2022, by and between the City of Modesto, a municipal corporation of the State of California, hereinafter called CITY, and _________________, a ______ _______, hereinafter called CONTRACTOR.

W I T N E S E T H:

WHEREAS the CONTRACTOR provided a responsive and responsible submittal that best meets the CITY needs, attached hereto as Exhibit “A”, and made a part hereof, and WHEREAS the CITY and CONTRACTOR shall enter into an agreement for the ANNUAL BOILER SERVICE as described in IFB INF 22-14, attached hereto as Exhibit “B”, and made a part hereof (hereinafter called IFB).

NOW, THEREFORE, the parties hereto mutually agree as follows:

1. THE WORK:
a) CONTRACTOR shall furnish all labor, materials, equipment, fuel, tools, licenses, bonds and insurance necessary to perform and complete the required work as specified in Exhibit “B”, and in strict accordance with the conditions of the complete AGREEMENT. b) CONTRACTOR shall do and perform the work contemplated hereby in a good workmanlike manner under the direction of and to the satisfaction of the CITY Representative.

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15 c) CONTRACTOR shall maintain proper insurance with the CITY for the duration of the AGREEMENT.
d) CONTRACTOR shall maintain a CITY business license for the duration of the AGREEMENT.
e) CONTRACTOR shall furnish said services at the following AGREEMENT rates for an estimated annual amount $_________________. The total amount paid by CITY to CONTRACTOR over the full term of the AGREEMENT shall not exceed $____________. Unless the services provided are for a lump sum or flat fee, fees for work performed by CONTRACTOR on a service basis shall not exceed the amounts shown on Bid attached hereto as Exhibit A.

AGREEMENT PRICING
Description GAS BOILER Price Per Service
Annual Inspection

3.0 MMBTU Peerless Digester Gas
Fired Boiler $ ____________/Service
Tuning and Testing of Boiler
Units

3.0 MMBTU Peerless Digester Gas
Fired Boiler $ _____________/Service
Annual Re-certification of Boiler
Units (Source Test)

3.0 MMBTU Peerless Digester Gas
Fired Boiler $ _____________/Service
Emergency Repair Services as
Needed.

3.0 MMBTU Peerless Digester Gas
Fired Boiler $ _____________/Service
Annual Inspection

3.0 MMBTU Cleaver Brooks Natural
Gas Fired Boiler $ _____________/Service
Tuning and Testing of Boiler
Units

3.0 MMBTU Cleaver Brooks Natural
Gas Fired Boiler $ _____________/Service
Annual Re-certification of Boiler
Units (Source Test)

3.0 MMBTU Cleaver Brooks Natural
Gas Fired Boiler $ _____________/Service
Emergency Repair Services as
Needed.

3.0 MMBTU Cleaver Brooks Natural
Gas Fired Boiler $ _____________/Service

2. PREVAILING WAGES:

In accordance with California Labor Code Section 1771, CONTRACTOR shall pay all workers, and shall ensure its subcontractors pay all of their workers, engaged in performing the services described in Exhibit “B” not less than the general prevailing rate of per diem wages for work of a similar character in the locality in which the services described in Exhibit “B” are to be performed, and not less than the general DocuSign Envelope ID: 0F209E7D-9B07-444C-BCB1-5E41CD12CE08 #13..
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16 prevailing rate of per diem wages for holiday and overtime work as provided in the California Labor Code. In accordance with California Labor Code Section 1773.2, the City has obtained the general prevailing wages in the locality in which the services described in Exhibit B are to be performed for each craft or type of work needed to be as published by the State of California Department of Industrial Relations, Division of Labor Statistics and Research, a copy of which is on file in the CITY’s Purchasing Department and shall be made available on request. CONTRACTOR must comply with all applicable laws and regulations that apply to wages earned in performance of the services described in Exhibit “B”, including those set forth in Labor Code section 1770 et. seq. and in the IFB.

DIR Project ID#: _________________

3. CITY REPRESENTATIVE:

CITY Representative is:

Purchasing Contact: Carol Wattle, Buyer, (209) 577-5406, [email protected] The CITY Representative is not authorized to commit the CITY to changes in specifications, requirements, or scope of work, changes in price(s), period of performance or delivery date(s) or method of shipment. Changes of a contractual or business nature shall be effective only by written change to the AGREEMENT, issued by the City of Modesto, Purchasing Division.

4. CONTRACTOR CONTACT:

CONTRACTOR: Name, Title, email, phone

5. TERM OF AGREEMENT:

The term of the AGREEMENT shall be for a period of two years, with three one-year extension options at the sole discretion of CITY, for a total of up to five years.

Year 1: 2022 through 2023
Year 2: 2023 through 2024
Year 3: 2024 through 2025
Year 4: 2025 through 2026
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17 Year 5: 2026 through 2027
Pricing as set forth in Section 1.e. above shall remain firm for the first two years of the AGREEMENT.

Price increases for any subsequent AGREEMENT years following the second year, shall not exceed the percentage change in the Consumer Price Index (CPI) for the City of Modesto West Urban Area in any one AGREEMENT year, and shall be negotiated through the Purchasing Division. Requests for price increases shall be submitted by CONTRACTOR in writing, 90 days prior to the annual anniversary date of the AGREEMENT to be effective for the subsequent year.

6. LIABILITY INSURANCE:

The CONTRACTOR shall provide, at its own expense, and always maintain the following insurance with insurance companies licensed in the State of California and shall provide evidence of such insurance to the CITY as may be required by the City Clerk of the CITY. The policies or certificates thereof shall provide that, at least 30 days prior to cancellation or material change in the policy, notices of same shall be given to the Risk Manager of the CITY via PINS Advantage Insurance Program, for all the following stated insurance policies.
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 limit. The insurance shall indicate on the certificate of insurance the following coverage and indicate the policy aggregate limit applying to: premises and operations; broad form contractual; independent contractors and subcontractors; products and completed operations; and/or professional liability.
b. Automobile Liability – insurance with a minimum limit of liability per occurrence of $1,000,000 for bodily injury and property damage and transportation related pollution liability. This insurance shall cover any automobile for bodily injury and property damage.
c. Workers' Compensation - in compliance with the statutes of the State of California, plus DocuSign Envelope ID: 0F209E7D-9B07-444C-BCB1-5E41CD12CE08 #13..
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18 employer's liability with a minimum limit of liability of $1,000,000 per accident for bodily injury or disease.

If at any time any of said policies shall be unsatisfactory to the CITY, as to form or substance or if a company issuing such policy shall be unsatisfactory to the CITY, the CONTRACTOR shall promptly obtain a new policy, submit the same to the CITY’s Risk Management via PINS for approval and submit a certificate thereof as hereinabove provided. Upon failure of the CONTRACTOR to furnish, deliver or maintain such insurance and certificates as above provided, this AGREEMENT, at the election of the CITY, may be forthwith declared suspended, or terminated. Failure of the CONTRACTOR to obtain and/or maintain any required insurance shall not relieve the CONTRACTOR from any liability under this AGREEMENT, nor shall the insurance requirements be construed to conflict with or otherwise limit the obligations of the CONTRACTOR concerning indemnification. The CITY, its agents, officers, officials, employees, and volunteers shall be named as an additional insured on all insurance policies required herein, except Workers' Compensation.

The Workers' Compensation insurer shall agree to waive all rights of subrogation against the CITY, its agents, officers, employees, and volunteers for losses arising from work performed by CONTRACTOR for the CITY.

The CONTRACTOR’s insurance policy(ices) shall include a provision that the coverage is primary as respects the CITY; shall include no special limitations to coverage provided to additional insured; and shall be placed with insurer(s) with acceptable Best's rating of A: VII or with approval of the CITY’s Risk Manager.

For any claims related to this AGREEMENT, the CONTRACTOR’s insurance coverage shall be primary insurance as respects CITY, its agents, its officers, officials, employees, and volunteers. Any insurance or selfinsurance maintained by CITY, its agents, its officers, officials, employees, or volunteers shall be excess of the CONTRACTOR’s insurance and shall not contribute with it.

7. PAYMENT:

CONTRACTOR shall invoice CITY not less than once per month based on the cost for services performed and reimbursable costs incurred prior to the invoice date. All invoices shall be paid in full the DocuSign Envelope ID: 0F209E7D-9B07-444C-BCB1-5E41CD12CE08 #13..
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19 following payment terms within thirty days after completion and acceptance of the Services by the CITY, and receipt of a properly prepared invoice, CITY will pay CONTRACTOR [TO BE DETERMINED BY IFB RESPONSE IN FINAL AGREEMENT, EITHER “Net 30 terms via CITY’s ePay Program” or “Net 45 Days via manual check”.]. The CITY is exempt from payment of Federal Excise Tax, and all invoices shall be exclusive of such excise tax.

Invoice to: City of Modesto
Attn: Accounts Payable
P.O. Box 642
Modesto, CA 95353
Email to: [email protected]
At a minimum, invoices shall state the following:
• This AGREEMENT number
• CITY department/division name and address
• Billing period
• Service hours worked day and week
• Unit price, extended price, sales tax, and total

8. INDEMNITY: The CONTRACTOR shall hold the CITY, its agents, officials, officers, employees, and volunteers, harmless from and save, defend and indemnify them against any and all claims, losses, liabilities, judgments or damages from every cause, including but not limited to injury to person or property or wrongful death, including reasonable costs and expenses of defense of any judicial or administrative action, arising directly or indirectly out of any negligent or intentional act or omission of CONTRACTOR, or its agents, officials, officers, employees, or volunteers relating to or during the performance of its obligations under this AGREEMENT. CONTRACTOR’s obligation to defend, indemnify, and hold the CITY, its agents, officials, officers, and employees harmless under the provisions of this paragraph is not limited to or restricted by any requirement in this AGREEMENT for CONTRACTOR to procure and maintain a policy of insurance.

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20 9. VENUE & GOVERNING LAW:

Venue for any dispute or claim arising or related to this AGREEMENT its performance, breach, or interpretation (including issues about its validity or enforceability), shall be exclusively in the Superior Court of Stanislaus County or the United States District Court for the Eastern District of California This AGREEMENT shall be deemed made in, governed by, performed in, and construed and enforced in accordance with the laws of the State of California, without giving effect to its conflicts of law’s provisions or principles.

10. ATTORNEYS’ FEES. If a party to this AGREEMENT brings any action, including an action for declaratory relief, to enforce or interpret the provision of this AGREEMENT, the prevailing party shall be entitled to reasonable attorneys’ fees in addition to any other relief to which that party may be entitled. The court may set such fees in the same action or in a separate action brought for that purpose.

11. COMMENCEMENT AND COMPLETION OF THE WORK:

The work contemplated herein shall be commenced after the agreement administrator receives and has on file:

Proofs of insurance (approved by CITY Risk Manager); and Executed Agreement;
a. CONTRACTOR Bid submittal;
b. IFB No. INF 22-14;
c. Contractor’s City of Modesto business license

12. TERMINATION OF SERVICES:

Termination for Default: In the event either party fails to perform under this AGREEMENT or breaches any condition contained herein, the other party shall notify in writing the breaching party of the nonperformance. Within 10 days after receipt of notification, the breaching party shall correct any nonperformance to the reasonable satisfaction of the non-breaching party, or such other time as may be identified in the notice. Failure to correct any non-performance shall allow the non-breaching party to terminate this AGREEMENT for cause.

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21 Termination by City for Convenience: The City may also terminate this AGREEMENT the Contractor's performance underthe Agreement, eitherin whole orin part, at its own discretion and without cause.

Post-Termination Procedure
Upon receipt of a written notice of termination pursuant to either of the foregoing paragraphs, the CONTRACTOR shall:
a. Cease its work as directed in the notice of termination as of the termination date and see to it that its employees, subcontractors, and agents are notified of such termination and act as specified in the notice of termination; b. Terminate all orders and subcontracts except as necessary to complete any portion of the SERVICES that are 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, but in no event shall recovery by any CONTRACTOR or subcontractor include lost profits for portions of the SERVICES not completed or undertaken, including materials not delivered; d. Deliver or otherwise make available to the CITY all data, drawings, specifications, reports, estimates, summaries and such other information and material as may have been accumulated by the CONTRACTOR in performing the SERVICES 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 SERVICES 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 SERVICES and/or property related to the SERVICES;
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22 h. If CITY so requests, and at CITY's cost, CONTRACTOR shall provide sufficient oral or written status reports to make CITY reasonably aware of the status of CONTRACTOR’s work on the SERVICES.
i. CONTRACTOR understands and agrees that CITY may, in CITY’s sole discretion, refuse to pay CONTRACTOR for that portion of CONTRACTOR's SERVICES which were performed by CONTRACTOR on the project prior to the termination date and which remain unacceptable and/or not useful to CONTRACTOR as of the termination date.

CITY will pay CONTRACTOR for SERVICES completed prior to the receipt of the termination notice or otherwise completed in accordance with the notice of termination. The final payment to the CONTRACTOR after termination for convenience shall be limited to amounts due and owing under the AGREEMENT at time of termination, including the following:
a. The cost of settling and paying valid claims arising out of the termination of the SERVICES such as subcontractor agreements or contracts for materials; b. The AGREEMENT price allocable to the portion of the SERVICES properly performed or goods supplied to the work site by the CONTRACTOR as of the date of termination, as determined in accordance with the notice of termination, reduced by any sums previously paid to the CONTRACTOR for such SERVICES.

13. COMPLIANCE WITH ALL LAWS:

CONTRACTOR hereby agrees that CONTRACTOR and its subcontractors, if any, in the performance of the SERVICES described herein, will comply with all federal, state, county and municipal laws, rules and regulations which may be applicable to the work herein contracted for, whether now in existence or hereafter adopted.

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23 14. FAILURE TO PERFORM SATISFACTORY WORK: It is agreed and understood that if the CONTRACTOR fails to perform the SERVICES as specified herein, CITY's representative may:
a. Consent to accept such unsatisfactory service with an appropriate adjustment in contract price, based on established cost factors,
b. Have such required work done by CITY forces or otherwise, and charge the cost thereof to the CONTRACTOR, or
c. Recommend termination of AGREEMENT between said the CONTRACTOR and the City of Modesto.

Those discrepancies and deficiencies in the SERVICES that remains uncorrected after the date set for correction may be the necessary justification for a billing adjustment in the month following the occurrence.

Unless otherwise negotiated, billing adjustments for this incomplete or uncorrected work shall be permanent retention of 100% of the estimated monthly cost for the SERVICES not corrected or completed.

15. ASSIGNMENT OF RIGHTS: The CONTRACTOR offers and agrees, and will require all subcontractors and suppliers to agree, to assign to the CITY all rights, title, and interest in and to all causes of action it and they may have under Section 4 of the Clayton Act (15 United States code, Section 15) or under the Cartwright Act (Business and Professions Code, Section 16700 et seq.), arising from the acquisition of goods, services, or materials pursuant to this AGREEMENT or any allowed subcontract. The assignment made by CONTRACTOR and all assignments made by subcontractors and suppliers shall be made and become effective at the time the CITY makes final payment to the CONTRACTOR, without further acknowledgment by the parties (Government Code, Sections 4550-4554).

16. CITY PROCESS/PROCEDURE APPROVALS: CITY approval of any process or procedure shall not relieve CONTRACTOR of its responsibility to furnish the required SERVICES meeting all specifications contained herein.

17. DIR REGISTRATION: Pursuant to Labor Code section 1771.1, CONTRACTOR may not engage in the performance of the Services set forth in Exhibit “C”, unless currently registered and qualified to perform public DocuSign Envelope ID: 0F209E7D-9B07-444C-BCB1-5E41CD12CE08 #13..
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24 work pursuant to Section 1725.5 thereof. As required in Section 7029.1 of the Business and Professions Code or by Section 10164 or 20103.5 of the Public Contract Code, that during term of this AGREEMENT, CONTRACTOR shall be registered to perform public work pursuant to Section 1725.5 thereof.

18. CONTRACTOR'S RESPONSIBILITY FOR DAMAGES: If CONTRACTOR damages any property belonging to the CITY or a third party, the CONTRACTOR will be required to make repairs immediately, at CONTRACTOR’s sole cost and expense, to the satisfaction of the CITY. In the event that CONTRACTOR fails to perform the necessary repairs, the CITY may either retain from the money due to CONTRACTOR an amount sufficient to repair the damage or perform the repairs and send an invoice to the CONTRACTOR for such costs, which shall be paid within thirty (30) days.

19. NOTICES:

Any notice, payment or instrument required or permitted by this AGREEMENT to be given or delivered to either party shall be deemed to have been received when personally delivered, or one calendar week following deposit of the same in any United States Post Office, registered or certified mail, postage prepaid, addressed as follows:

CONTRACTOR: __________________
__________________
__________________
__________________
CITY: City of Modesto
Purchasing Division
P.O. Box 642
Modesto, CA 95353
Each party may change its address for delivery of notice by delivering written notice of such change of address to the other party.

20. SIGNATORY(IES) FOR CONTRACTOR:

Each signatory for CONTRACTOR below warrants and represents that it is legally competent to, and have full authority to, execute the AGREEMENT.

21. QUANTITIES: No minimum or maximum is guaranteed or implied.

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25 22. FUNDING: All annual extensions are based upon continuous funding for that purpose by the City Council. Failure to fund any annual extension shall result in an immediate termination of the AGREEMENT without redress.

23. OTHER GOVERNMENT/PUBLICLY FUNDED AGENCIES: If mutually agreeable to all parties, the issuance of any resultant contract/purchase order referencing these specifications and modified by mutual agreement between all parties may be extended to other government or publicly funded agencies. It shall be understood that all terms and conditions as specified herein shall apply.

24. NON-DISCRIMINATION:
a. During the performance of this AGREEMENT, CONTRACTOR and any allowed subcontractors shall not unlawfully discriminate against any employee or applicant for employment because of race, color, ancestry, religion, sex, national origin, marital status, age, medical condition (cancer related), physical handicap (including AIDS), sexual orientation, or any other basis prohibited by Federal or California law. Equal employment opportunity extends, but is not limited to recruitment, compensation, benefits, layoff, termination, and all other conditions of employment. The CONTRACTOR and any allowed subcontractors shall ensure that the evaluation and treatment of their employees and applicants for employment are free of such discrimination.

The CONTRACTOR and any allowed subcontractors shall comply with the provisions of the Fair Employment and Housing Act (Government Code, Section 12900 et seq.) and the applicable regulations promulgated thereunder (California Administrative Code, Title 2, and Section 7285.0 et seq.). The applicable regulations of the Fair Employment and Housing Commission implementing Government Code, Section 12900, set forth in Chapter 5 of Division 4 of Title 2 of the California Administrative Code are incorporated into this contract by reference and made a part hereof as if set forth in full. b. The CONTRACTOR and any allowed subcontractors shall give written notice of their obligations under this clause to labor organizations with which they have a collective bargaining or other agreement.

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26 c. The CONTRACTOR shall include the nondiscrimination and compliance provisions of this clause in any allowed subcontracts to perform SERVICES. d. The Contractor shall permit access by representatives of the Department of Fair Employment and Housing and the CITY upon reasonable notice at any time during the normal business hours, but in no case less than 24 hours’ notice, to such of its books, records, accounts, other sources of information and its facilities as said Department or CITY shall require to ascertain compliance with this AGREEMENT. e. By executing this AGREEMENT, CONTRACTOR certifies that it shall follow and be in compliance with the Americans with Disabilities Act of 1990, the applicable administrative requirements promulgated in response thereto, and any other applicable Federal laws and regulations relating to handicap discrimination and participation and will continue to do so for at least the duration of the AGREEMENT and any extensions thereof.

25. CONTRACTOR LICENSES & PERMITS: CONTRACTOR warrants and represents that it possesses and shall maintain all licenses, and shall secure and maintain all necessary permits, necessary to perform the SERVICES.

26. RECORDS. All final versions of reports, data, maps, models, charts, studies, surveys, photographs, memoranda, plans, studies, specifications, records, files, or any other documents or materials, in electronic or any other form, that CONTRACTOR prepares or obtains pursuant to this Agreement and that relate to the matters covered hereunder shall be the property of the CITY. CONTRACTOR hereby agrees to deliver those documents to the CITY upon termination of the AGREEMENT, and the CITY may use, reuse, or otherwise dispose of the documents without CONTRACTOR’s permission. It is understood and agreed that the documents and other materials, including but not limited to those described above, prepared pursuant to this AGREEMENT are prepared specifically for the City and are not necessarily suitable for any future or other use.

27. FACILITIES AND EQUIPMENT. Except as set forth herein, CONTRACTOR shall, at its sole cost and expense, provide all facilities and equipment that may be necessary to perform the services required by this AGREEMENT. CITY shall make available to CONTRACTOR only the facilities and equipment listed in DocuSign Envelope ID: 0F209E7D-9B07-444C-BCB1-5E41CD12CE08 #13..
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27 EXHIBIT “A” and “B”, and only under the terms and conditions set forth herein.

28. INDEPENDENT CONTRACTOR; NOT AGENT. At all times during the term of this AGREEMENT, CONTRACTOR shall be an independent contractor and shall not be an employee of CITY. CITY shall have the right to control CONTRACTOR only insofar as the results of CONTRACTOR’s services rendered pursuant to this AGREEMENT. Except as City may specify in writing, CONTRACTOR shall have no authority, express or implied, to act on behalf of CITY in any capacity whatsoever as an agent. CONTRACTOR shall have no authority, express or implied, pursuant to this AGREEMENT to bind City to any obligation whatsoever.

29. DRUG FREE WORKPLACE: CONTRACTOR certifies that it is following and in compliance with Sections 8350 - 8355 of Chapter 5.5 of the Government Code, Drug Free Workplace Act whereby each person or organization awarded a contract/purchase order or grant for the procurement of any property or service from any state agency (city) shall certify to the contracting or granting agency that it will provide a drug free workplace.

30. ASSIGNMENT:

Neither this AGREEMENT nor any SERVICES hereunder shall be subcontracted or assigned by CONTRACTOR without the prior written consent of the CITY in each and every instance.

31. WAIVER:

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

32. HEADINGS NOT CONTROLLING:

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

33. MISCELLANEOUS:

Time is of the essence in CONTRACTOR’s performance under each provision of this AGREEMENT.

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28 34. ENTIRE AGREEMENT:

This Agreement and its exhibits contain the entire understanding between CONTRACTOR and CITY. Additional or new terms contained in this AGREEMENT which vary from CONTRACTOR’s bid are controlling and are deemed accepted by CONTRACTOR by performance of any SERVICES or other commencement of performance hereunder. The terms and conditions of the IFB, attached hereto as Exhibit C, are incorporated herein. In the event of a conflict between the IFB and this AGREEMENT, this AGREEMENT shall control. All previous bids, offers and communications relative to this Agreement, whether oral or written, are hereby superseded except to the extent that they have been incorporated into this Agreement. No future waiver or exception to any of the terms, conditions, and provisions of this AGREEMENT shall be considered valid unless specifically agreed to in writing by the parties.

35. PARTIAL INVALIDITY:

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

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29 IN WITNESS WHEREOF, the CITY OF MODESTO, a municipal corporation, has authorized the execution of this Agreement in duplicate by its City Manager and attested by its City Clerk on the _____________ day of _____________________, 2022 and _____________________has caused this Agreement to be duly executed.

CITY OF MODESTO, CONTRACTOR
A municipal corporation
By: __________________________ By: _________________________________ JOSEPH P. LOPEZ, (Signature)
City Manager
By: _________________________________
(Name & Title)
ATTEST: Date: _______________________________
By: __________________________

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

By: ____________________________
JOSE M. SANCHEZ,
City Attorney
By: ____________________________
JOE F. RODRIQUEZ,
Risk Manager
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INVITATION FOR BIDS # INF 22-14RB
Annual Boiler Service
1 THE PAYMENT OF PREVAILING WAGES IS REQUIRED
ANY RESULTING AGREEMENT WILL NOT BE PARTIALLY OR FULLY FEDERALLYFUNDED DUE DATE: July 26, 2022 at 11:00 A.M.

CITY OF MODESTO CONTACT: Carol Wattle, Buyer
E-MAIL ADDRESS: [email protected]

EXHIBIT B
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INVITATION FOR BIDS # INF 22-14RB
Annual Boiler Service
2 CITY CONTACT
All questions regarding these specifications, terms, and conditions shall be submitted in writing via email to the City’s Purchasing Division contact named on the cover page of this IFB (“City Contact”) by the date listed above. The City will respond to pertinent questions through issuance of an Addendum to be available to all Bidders. All contact between Bidder and the City regarding the Bid process shall be through the City Contact. Attempts by the Bidder to contact other City personnel regarding this IFB and associated process may result in disqualification of the Bidder. Notwithstanding the foregoing, information intentionally or un-intentionally provided by any person other than the City Contact may not be correct and will not be binding upon the City.

BIDDER FAMILIARITY WITH SERVICE CONDITIONS
It is the responsibility of each Bidder to become familiar with all the specifications, terms and conditions and the site condition (if applicable). The Bidder agrees to and acknowledges all IFB specifications, terms, and conditions and indicates the ability to perform by submission of a Bid. By the submission of a Bid, the Bidder certifies that if awarded an agreement it will make no claim against the City based upon ignorance of conditions or misunderstanding of the specifications.

CALIFORNIA LABOR CODE SECTION 1771.1 (a)
The California Labor Code states that, “A contractor or subcontractor shall not be qualified to Bid on, be listed in a Bid proposal, subject to the requirements of Section 4104 of the Public Contract Code or engage in the performance of any contract for public work, as defined in this chapter, unless currently registered and qualified to perform public work pursuant to Section 1725.5. It is not a violation of this section for an unregistered contractor to submit a Bid that is authorized by Section 7029.1 of the Business and Professions Code or by Section 10164 or 20103.5 of the Public Contract Code, provided the contractor is registered to perform public work pursuant to Section 1725.5 at the time the contract is awarded.” This IFB is subject to the registration requirement set forth above.

PRECEDENCE
Bidder agrees that any agreement resulting from City’s acceptance of its Bid, together with the terms in any City purchase order and associated specifications provided by the City to Bidder therewith, shall comprise the entire agreement between City and Bidder. Moreover, Bidder agrees that any additional or contrary terms contained in Bidder’s acknowledgement of, shall be null and void.

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INVITATION FOR BIDS # INF 22-14RB
Annual Boiler Service
3 GENERAL BID REQUIREMENTS
A. PROPOSED PRICING FORMAT:
• The cost of labor, equipment, fuel, licenses, bonds, permits, and insurance necessary to perform the required provision of Services shall be included in Bid pricing, along with Bidder’s profit margin and any other cost factors.
• Unless otherwise stated, the Bidder agrees that, in the event of a price decline, the benefit of such lower pricing shall be extended to the City.
• The City of Modesto shall not pay mileage charges or travel time from the Contractor’s place of business to the job site, or from site to site, or for the Contractor’s travel time to pick up materials.
• Bidder shall use the pricing schedule provided in this IFB to present Bid pricing. No other form or format shall be accepted. Bid must be submitted on the Pricing Schedule provided. No alterations may be made to the pricing schedule.

B. AWARD OF BID:
• The City may award one or more agreements to one or more Bidder in order to provide for backup, or in case the “primary” contractor is unable to meet the City’s needs. • The City reserves the right to decline to award any agreement if it is determined that the proposed pricing is not competitively priced based on similar agreements with public agencies within the State of California or if the bids received fail to meet the City’s requirements.
• The City reserves the right to select that Bid, which best suits the City’s needs. In addition to price, consideration will be given to the quality and performance of the service to be purchased, and the criteria listed in Modesto Municipal Code Section 8-

3.203(f). Regardless of City staff’s recommendation, the City Council reserves the right to award an agreement to the Bidder that best suits the City’s needs as determined by the City Council whether said award is consistent with City staff’s recommendation for award.

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INVITATION FOR BIDS # INF 22-14RB
Annual Boiler Service
4 C. LOCAL BUSINESS PREFERENCE DECLARATION: Should the Bidder that submits the lowest responsive Bid or and would otherwise normally qualify to receive the Bid pursuant to Sections 8-3.203 and 8-3.204 of the Modesto Municipal Code (MMC) not be a local business as defined herein, the lowest Bid or quote submitted by a local business that is within 5%of the lowest Bid, whether or not that Bidder is the second lowest Bidder, may be deemed to be the lowest Bidder if the local Bidder agrees to reduce its Bid to match the Bid or quote of the lowest Bidder in writing within five business days after notification by City Purchasing staff, provided that said local Bidder is deemed to be a responsible Bidder as determined by the Purchasing Manager. To qualify as a local Bidder, the Bidder must have a physical business location within the City of Modesto and a current City of Modesto business license.

D. INDEMNITY: The successful Bidder (the “Contractor”) will be required to hold the City, its agents, officers, employees, and volunteers, harmless from and save, defend and indemnify them against any and all claims, losses, liabilities, judgements or damages from every cause, including but not limited to injury to person or property or wrongful death, including reasonable costs and expenses of defense of any judicial or administrative action, arising directly or indirectly out of any negligent or intentional act or omission of the Contractor, its agents, officers, employees, and volunteers relating to or during the performance of its obligations under this Bid. Contractor’s obligation to defend, indemnify, and hold the city, its agents, officers, and employees harmless under the provisions of this paragraph is not limited to or restricted by any requirement for Contractor to procure and maintain a policy of insurance. With reference to the foregoing, the parties agree that all risk of loss, including but not limited to damages, property losses and defense of third-party suits, arising out of or relation to the operation of City-owned vehicles by Contractor’s employees will be apportioned to Contractor in accordance with the provisions contained in indemnity.

E. PREVAILING WAGE: Bidder’s workers must be paid no less than the prevailing wage rate as published by the State of California Department of Industrial Relations (DIR), and the successful Bidder shall maintain certified payroll. For additional information regarding Prevailing Wages, please contact the DIR at www.DIR.CA.gov or call its Labor Research and Statistics Unit, Prevailing Wage Unit at 415/703-4774. The City standards available at the following web address shall also apply to the performance of the Bid: City Standards Website:
https://www.modestogov.com/ArchiveCenter/ViewFile/Item/1120 DocuSign Envelope ID: 0F209E7D-9B07-444C-BCB1-5E41CD12CE08 #13..
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INVITATION FOR BIDS # INF 22-14RB
Annual Boiler Service
5 F. BIDDER REPRESENTATION: Bidder represents that:
• Bidder has had an opportunity to examine and has examined any and all of the documents, including specifications, any resultant contract and supporting data, and that it has, from the information contained in such documents, specifications, and data, fully acquainted itself with all conditions relevant to the work. • Bidder has made all reasonable investigations essential to a full understanding of the difficulties, which may be encountered in performing the work. • Bidder will complete the proposed provision of Services for the compensation stated in any resultant agreement.
• Bidder assumes full and complete responsibility for all conditions relevant to the proposed provision of Services and all risks in connection therewith. • Bidder represents that it is fully qualified to perform the proposed provision of Services in accordance with the terms of any resultant agreement within the time specified therein.

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INVITATION FOR BIDS # INF 22-14RB
Annual Boiler Service
6 BID FORM A – BIDDER COMPANY INFORMATION
A. Bidder Company
Full Legal Name
B. Bidder Company
Marketplace (or
DBA) Name
C. Type of Legal
Entity:
___ Corporation, registered in ____________________ (State) ___ Limited Liability Company, registered in _________________(State) ___ Partnership, registered in ________________(State)
___ Sole Proprietorship, registered in ____________(State) ___ Other ___________________________________________(Describe) D. Headquarters
Address (Street
Address, City, State,
Country, Postal
Code):

E. Website Address: www.___________
F. Contact Person
Details:

Name:

Title:

Phone (Office):

Phone (Mobile):

Mailing Address (Street Address, City, State, Postal Code):

Fax Number:

G. Federal Taxpayer
Identification
Number (TIN):

H. Dun & Bradstreet
(DUNS) Number:

I. Names and Titles of
Top Three Bidder
Officers:

J. Years in Business:

K. Bidder Office
Address Closest to
City of Modesto
(Street Address,
City, State, Country,
Postal Code):

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INVITATION FOR BIDS # INF 22-14RB
Annual Boiler Service
7 L. City of Modesto
Business License
Number (note –
provide only if
available now - - but
not required until
any contract begins):

M. State of California
Contractor License
Number and
Expiration Date (if
available):

N. State of California
Department of
Industrial Relations
(DIR) Registration
Number and
Expiration Date (if
available):

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INVITATION FOR BIDS # INF 22-14RB
Annual Boiler Service
8 BID FORM B - PRICING SCHEDULE
All labor, materials, equipment, tools, fuel, licenses, bonds, insurance, and other expenses necessary for Bidder to perform the required services shall be included in Bid pricing. Bid must be submitted on the below Pricing Schedule provided. No alterations should be made to the pricing schedule.

The payment of Prevailing Wages is required for this project.

Item No. Description GAS BOILER Price Per Service
A1 Annual Inspection

3.0 MMBTU Peerless
Digester Gas Fired Boiler $ _______________/Service
A2
Tuning and Testing of Boiler
Units

3.0 MMBTU Peerless
Digester Gas Fired Boiler $ _______________/Service
A3
Annual Re-certification of Boiler
Units (Source Test)

3.0 MMBTU Peerless
Digester Gas Fired Boiler $ _______________/Service
A4
Emergency Repair Services as
Needed.

3.0 MMBTU Peerless
Digester Gas Fired Boiler $ _______________/Service
A5 Annual Inspection

3.0 MMBTU Cleaver Brooks
Natural Gas Fired Boiler $ _______________/Service
A6
Tuning and Testing of Boiler
Units

3.0 MMBTU Cleaver Brooks
Natural Gas Fired Boiler $ _______________/Service
A7
Annual Re-certification of Boiler
Units (Source Test)

3.0 MMBTU Cleaver Brooks
Natural Gas Fired Boiler $ _______________/Service
A8
Emergency Repair Services as
Needed.

3.0 MMBTU Cleaver Brooks
Natural Gas Fired Boiler $ _______________/Service
ePay $-(_______________)
Total Items: $__________________/Total
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INVITATION FOR BIDS # INF 22-14RB
Annual Boiler Service
9 Payment Terms:

Check which of the following payment terms/methodology Bidder accepts:

Choose One:
• Option A (Preferred): City of Modesto ePay Payment on Net 30 Day Timing: ___ Choose by checking () here. If selected, for bid comparison purposes, Bidder’s pricing will be reduced by the City of Modesto’s average ePay card program rebate percentage; or • Manual Check Payment Mailed by US Postal Service First Class Mail Only on Net 45 Day Timing:
___ Choose by checking () here.

THE undersigned acknowledges receipt of the referenced IFB and any associated Addenda and offers to furnish the articles and/or services specified, in accordance with the specifications, terms and conditions of this IFB and these Bid documents, for the pricing indicated on the Pricing Schedule.

Bidder Company Name:

Name of Bidder Signatory:

Signature of Bidder Representative:

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INVITATION FOR BIDS # INF 22-14RB
Annual Boiler Service
10 BID FORM C - LOCAL BUSINESS PREFERENCE DECLARATION
Notice Pursuant to Modesto Municipal Code section 8.3-206 - Should the Bidder which submits the lowest responsive Bid (and would otherwise normally qualify to receive the Bid pursuant to Sections 8-3.203 and 8-

3.204 of the Modesto Municipal Code) not be a local business as defined herein, the lowest Bid or quote submitted by a local business that is within five percent (5%) of the lowest Bid or quote, whether or not that Bidder is the second lowest Bidder, may be deemed to be the lowest Bidder if the local Bidder agrees to reduce its Bid to match the Bid of the lowest Bidder in writing within five business days after notification by City Purchasing staff, provided that said local Bidder is deemed to be a responsible Bidder as determined by the Purchasing Manager.

Notwithstanding the foregoing, award to the local Bidder must still be approved by the City Council as would have the typical award.

To qualify as a local Bidder, the Bidder must have a physical business location within the City of Modesto and a current City of Modesto business license.

This document is only required should the Bidder request to be considered for the Support of Local Vendor preference, and meets the criteria noted above.

Check here:

I declare I am a local business per the above criteria
Bidder Company Name:

City of Modesto Address (Street,
City, State, Postal Code:

City of Modesto Business License
Number:

Under penalty of perjury, the undersigned declares that the foregoing information is true and correct:

Print/Type Name:

Title:

Signature:

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INVITATION FOR BIDS # INF 22-14RB
Annual Boiler Service
11 Date:

BID FORM D – BIDDER WARRANTY STATEMENTS
As a material part of its Bid, Bidder shall insert below a written statement detailing any materials and workmanship warranties, term, and conditions in conformance with the specifications and requirements set forth in this IFB.

Notwithstanding any other provisions of this IFB, Bidder warrants that the materials, supplies, or other services furnished under any contract or purchase order resulting from its Bid shall be on the most suitable grade and meet or exceed the standards set forth in this IFB. Such warranty shall include the following: performance, workmanship, labor, materials, and Bidder design or engineering contributions. If a defect is discovered in any item of the materials, assemblies, components, supplies, or services covered in this Bid, Bidder shall correct at its sole expense, all such defects as are reported within 30 days of City’s final acceptance. Upon expiration of the applicable warranty period, all such liability shall terminate except for fraud or such gross mistakes as amount to fraud, latent defects, or specific failure to comply with the terms or any resultant purchase order.

All materials, parts, labor, assemblies, and components shall by subject to the warranty conditions and terms unless specifically exempted in writing by the City of Modesto.

Bidder Company Legal Name: Insert Bidder Logo Here (if existent):

Insert Bidder Warranty Statement Beginning Here:

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INVITATION FOR BIDS # INF 22-14RB
Annual Boiler Service
12 BID FORM E - SUBCONTRACTOR LIST
Bidder shall list the name and the address of the place of business for each subcontractor who will perform work or labor or render services to the Bidder. In addition, list the type of work the subcontractor will perform, and (if applicable) its Department of Industrial Relations (DIR) registration number and its California Contractor’s license number:

Name of
Subcontractor
Address Type of Work Contractor
License # (if any)
DIR
Registration #
(if any)
Bidder Company Name:

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INVITATION FOR BIDS # INF 22-14RB
Annual Boiler Service
13 TECHNICAL SPECIFICATIONS AND REQUIREMENTS

1.1 SCOPE OF WORK:

The City of Modesto Utilities Department, Water Quality Control Division, is requesting services for two (2) gas fired boiler units:
• 3.0 MMBTU Peerless Digester Gas Fired Boiler
• 3.0 MMBTU Cleaver Brooks Natural Gas Fired Boiler
The successful bidder shall provide the following:

1. Annual Inspection

2. Tuning and Testing

3. Annual Recertification

4. Emergency Repair Services – 24-hour response

1.2 REQUIRED LICENSES:

Prior to beginning any service that shall be furnished under this specification, the Bidder shall secure the appropriate Business/Delivery license from the City of Modesto. Business/Delivery license information may be obtained by calling (209) 577-5389 or emailing [email protected]. The successful Bidder shall maintain a City of Modesto business license for the duration of the agreement.

1.3. CALIFORNIA CONTRACTORS LICENSE: If the Bidder is furnishing any labor or service including installation or maintenance, the Bidder shall be registered as a contractor with the Department of Industrial Relations and possess the appropriate California Contractor's license(s) at the time the Bid is submitted. A contract shall not be awarded to a Bidder that is not registered with the Department and Industrial Relations or does not possess the appropriate Contractor's license(s). The appropriate Contractor's license(s) is that specified in this request, or if not specified, that which is otherwise required by law, and qualifies the Contractor to do business in the State of California. Bidder shall indicate its license(s) number and expiration date on the Pricing Schedule.

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14 SAMPLE AGREEMENT

SAMPLE ANNUAL AGREEMENT - SERVICES
This agreement, hereinafter called AGREEMENT, made, and entered into in the City of Modesto, State of California, this ____ day of _________, 2022, by and between the City of Modesto, a municipal corporation of the State of California, hereinafter called CITY, and _________________, a ______ _______, hereinafter called CONTRACTOR.

W I T N E S E T H:

WHEREAS the CONTRACTOR provided a responsive and responsible submittal that best meets the CITY needs, attached hereto as Exhibit “A”, and made a part hereof, and WHEREAS the CITY and CONTRACTOR shall enter into an agreement for the ANNUAL BOILER SERVICE as described in IFB INF 22-14, attached hereto as Exhibit “B”, and made a part hereof (hereinafter called IFB).

NOW, THEREFORE, the parties hereto mutually agree as follows:

1. THE WORK:
a) CONTRACTOR shall furnish all labor, materials, equipment, fuel, tools, licenses, bonds and insurance necessary to perform and complete the required work as specified in Exhibit “B”, and in strict accordance with the conditions of the complete AGREEMENT. b) CONTRACTOR shall do and perform the work contemplated hereby in a good workmanlike manner under the direction of and to the satisfaction of the CITY Representative.

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15 c) CONTRACTOR shall maintain proper insurance with the CITY for the duration of the AGREEMENT.
d) CONTRACTOR shall maintain a CITY business license for the duration of the AGREEMENT.
e) CONTRACTOR shall furnish said services at the following AGREEMENT rates for an estimated annual amount $_________________. The total amount paid by CITY to CONTRACTOR over the full term of the AGREEMENT shall not exceed $____________. Unless the services provided are for a lump sum or flat fee, fees for work performed by CONTRACTOR on a service basis shall not exceed the amounts shown on Bid attached hereto as Exhibit A.

AGREEMENT PRICING
Description GAS BOILER Price Per Service
Annual Inspection

3.0 MMBTU Peerless Digester Gas
Fired Boiler $ ____________/Service
Tuning and Testing of Boiler
Units

3.0 MMBTU Peerless Digester Gas
Fired Boiler $ _____________/Service
Annual Re-certification of Boiler
Units (Source Test)

3.0 MMBTU Peerless Digester Gas
Fired Boiler $ _____________/Service
Emergency Repair Services as
Needed.

3.0 MMBTU Peerless Digester Gas
Fired Boiler $ _____________/Service
Annual Inspection

3.0 MMBTU Cleaver Brooks Natural
Gas Fired Boiler $ _____________/Service
Tuning and Testing of Boiler
Units

3.0 MMBTU Cleaver Brooks Natural
Gas Fired Boiler $ _____________/Service
Annual Re-certification of Boiler
Units (Source Test)

3.0 MMBTU Cleaver Brooks Natural
Gas Fired Boiler $ _____________/Service
Emergency Repair Services as
Needed.

3.0 MMBTU Cleaver Brooks Natural
Gas Fired Boiler $ _____________/Service

2. PREVAILING WAGES:

In accordance with California Labor Code Section 1771, CONTRACTOR shall pay all workers, and shall ensure its subcontractors pay all of their workers, engaged in performing the services described in Exhibit “B” not less than the general prevailing rate of per diem wages for work of a similar character in the locality in which the services described in Exhibit “B” are to be performed, and not less than the general DocuSign Envelope ID: 0F209E7D-9B07-444C-BCB1-5E41CD12CE08 #13..
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16 prevailing rate of per diem wages for holiday and overtime work as provided in the California Labor Code. In accordance with California Labor Code Section 1773.2, the City has obtained the general prevailing wages in the locality in which the services described in Exhibit B are to be performed for each craft or type of work needed to be as published by the State of California Department of Industrial Relations, Division of Labor Statistics and Research, a copy of which is on file in the CITY’s Purchasing Department and shall be made available on request. CONTRACTOR must comply with all applicable laws and regulations that apply to wages earned in performance of the services described in Exhibit “B”, including those set forth in Labor Code section 1770 et. seq. and in the IFB.

DIR Project ID#: _________________

3. CITY REPRESENTATIVE:

CITY Representative is:

Purchasing Contact: Carol Wattle, Buyer, (209) 577-5406, [email protected] The CITY Representative is not authorized to commit the CITY to changes in specifications, requirements, or scope of work, changes in price(s), period of performance or delivery date(s) or method of shipment. Changes of a contractual or business nature shall be effective only by written change to the AGREEMENT, issued by the City of Modesto, Purchasing Division.

4. CONTRACTOR CONTACT:

CONTRACTOR: Name, Title, email, phone

5. TERM OF AGREEMENT:

The term of the AGREEMENT shall be for a period of two years, with three one-year extension options at the sole discretion of CITY, for a total of up to five years.

Year 1: 2022 through 2023
Year 2: 2023 through 2024
Year 3: 2024 through 2025
Year 4: 2025 through 2026
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17 Year 5: 2026 through 2027
Pricing as set forth in Section 1.e. above shall remain firm for the first two years of the AGREEMENT.

Price increases for any subsequent AGREEMENT years following the second year, shall not exceed the percentage change in the Consumer Price Index (CPI) for the City of Modesto West Urban Area in any one AGREEMENT year, and shall be negotiated through the Purchasing Division. Requests for price increases shall be submitted by CONTRACTOR in writing, 90 days prior to the annual anniversary date of the AGREEMENT to be effective for the subsequent year.

6. LIABILITY INSURANCE:

The CONTRACTOR shall provide, at its own expense, and always maintain the following insurance with insurance companies licensed in the State of California and shall provide evidence of such insurance to the CITY as may be required by the City Clerk of the CITY. The policies or certificates thereof shall provide that, at least 30 days prior to cancellation or material change in the policy, notices of same shall be given to the Risk Manager of the CITY via PINS Advantage Insurance Program, for all the following stated insurance policies.
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 limit. The insurance shall indicate on the certificate of insurance the following coverage and indicate the policy aggregate limit applying to: premises and operations; broad form contractual; independent contractors and subcontractors; products and completed operations; and/or professional liability.
b. Automobile Liability – insurance with a minimum limit of liability per occurrence of $1,000,000 for bodily injury and property damage and transportation related pollution liability. This insurance shall cover any automobile for bodily injury and property damage.
c. Workers' Compensation - in compliance with the statutes of the State of California, plus DocuSign Envelope ID: 0F209E7D-9B07-444C-BCB1-5E41CD12CE08 #13..
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18 employer's liability with a minimum limit of liability of $1,000,000 per accident for bodily injury or disease.

If at any time any of said policies shall be unsatisfactory to the CITY, as to form or substance or if a company issuing such policy shall be unsatisfactory to the CITY, the CONTRACTOR shall promptly obtain a new policy, submit the same to the CITY’s Risk Management via PINS for approval and submit a certificate thereof as hereinabove provided. Upon failure of the CONTRACTOR to furnish, deliver or maintain such insurance and certificates as above provided, this AGREEMENT, at the election of the CITY, may be forthwith declared suspended, or terminated. Failure of the CONTRACTOR to obtain and/or maintain any required insurance shall not relieve the CONTRACTOR from any liability under this AGREEMENT, nor shall the insurance requirements be construed to conflict with or otherwise limit the obligations of the CONTRACTOR concerning indemnification. The CITY, its agents, officers, officials, employees, and volunteers shall be named as an additional insured on all insurance policies required herein, except Workers' Compensation.

The Workers' Compensation insurer shall agree to waive all rights of subrogation against the CITY, its agents, officers, employees, and volunteers for losses arising from work performed by CONTRACTOR for the CITY.

The CONTRACTOR’s insurance policy(ices) shall include a provision that the coverage is primary as respects the CITY; shall include no special limitations to coverage provided to additional insured; and shall be placed with insurer(s) with acceptable Best's rating of A: VII or with approval of the CITY’s Risk Manager.

For any claims related to this AGREEMENT, the CONTRACTOR’s insurance coverage shall be primary insurance as respects CITY, its agents, its officers, officials, employees, and volunteers. Any insurance or selfinsurance maintained by CITY, its agents, its officers, officials, employees, or volunteers shall be excess of the CONTRACTOR’s insurance and shall not contribute with it.

7. PAYMENT:

CONTRACTOR shall invoice CITY not less than once per month based on the cost for services performed and reimbursable costs incurred prior to the invoice date. All invoices shall be paid in full the DocuSign Envelope ID: 0F209E7D-9B07-444C-BCB1-5E41CD12CE08 #13..
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19 following payment terms within thirty days after completion and acceptance of the Services by the CITY, and receipt of a properly prepared invoice, CITY will pay CONTRACTOR [TO BE DETERMINED BY IFB RESPONSE IN FINAL AGREEMENT, EITHER “Net 30 terms via CITY’s ePay Program” or “Net 45 Days via manual check”.]. The CITY is exempt from payment of Federal Excise Tax, and all invoices shall be exclusive of such excise tax.

Invoice to: City of Modesto
Attn: Accounts Payable
P.O. Box 642
Modesto, CA 95353
Email to: [email protected]
At a minimum, invoices shall state the following:
• This AGREEMENT number
• CITY department/division name and address
• Billing period
• Service hours worked day and week
• Unit price, extended price, sales tax, and total

8. INDEMNITY: The CONTRACTOR shall hold the CITY, its agents, officials, officers, employees, and volunteers, harmless from and save, defend and indemnify them against any and all claims, losses, liabilities, judgments or damages from every cause, including but not limited to injury to person or property or wrongful death, including reasonable costs and expenses of defense of any judicial or administrative action, arising directly or indirectly out of any negligent or intentional act or omission of CONTRACTOR, or its agents, officials, officers, employees, or volunteers relating to or during the performance of its obligations under this AGREEMENT. CONTRACTOR’s obligation to defend, indemnify, and hold the CITY, its agents, officials, officers, and employees harmless under the provisions of this paragraph is not limited to or restricted by any requirement in this AGREEMENT for CONTRACTOR to procure and maintain a policy of insurance.

DocuSign Envelope ID: 0F209E7D-9B07-444C-BCB1-5E41CD12CE08 #13..
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20 9. VENUE & GOVERNING LAW:

Venue for any dispute or claim arising or related to this AGREEMENT its performance, breach, or interpretation (including issues about its validity or enforceability), shall be exclusively in the Superior Court of Stanislaus County or the United States District Court for the Eastern District of California This AGREEMENT shall be deemed made in, governed by, performed in, and construed and enforced in accordance with the laws of the State of California, without giving effect to its conflicts of law’s provisions or principles.

10. ATTORNEYS’ FEES. If a party to this AGREEMENT brings any action, including an action for declaratory relief, to enforce or interpret the provision of this AGREEMENT, the prevailing party shall be entitled to reasonable attorneys’ fees in addition to any other relief to which that party may be entitled. The court may set such fees in the same action or in a separate action brought for that purpose.

11. COMMENCEMENT AND COMPLETION OF THE WORK:

The work contemplated herein shall be commenced after the agreement administrator receives and has on file:

Proofs of insurance (approved by CITY Risk Manager); and Executed Agreement;
a. CONTRACTOR Bid submittal;
b. IFB No. INF 22-14;
c. Contractor’s City of Modesto business license

12. TERMINATION OF SERVICES:

Termination for Default: In the event either party fails to perform under this AGREEMENT or breaches any condition contained herein, the other party shall notify in writing the breaching party of the nonperformance. Within 10 days after receipt of notification, the breaching party shall correct any nonperformance to the reasonable satisfaction of the non-breaching party, or such other time as may be identified in the notice. Failure to correct any non-performance shall allow the non-breaching party to terminate this AGREEMENT for cause.

DocuSign Envelope ID: 0F209E7D-9B07-444C-BCB1-5E41CD12CE08 #13..
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21 Termination by City for Convenience: The City may also terminate this AGREEMENT the Contractor's performance underthe Agreement, eitherin whole orin part, at its own discretion and without cause.

Post-Termination Procedure
Upon receipt of a written notice of termination pursuant to either of the foregoing paragraphs, the CONTRACTOR shall:
a. Cease its work as directed in the notice of termination as of the termination date and see to it that its employees, subcontractors, and agents are notified of such termination and act as specified in the notice of termination; b. Terminate all orders and subcontracts except as necessary to complete any portion of the SERVICES that are 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, but in no event shall recovery by any CONTRACTOR or subcontractor include lost profits for portions of the SERVICES not completed or undertaken, including materials not delivered; d. Deliver or otherwise make available to the CITY all data, drawings, specifications, reports, estimates, summaries and such other information and material as may have been accumulated by the CONTRACTOR in performing the SERVICES 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 SERVICES 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 SERVICES and/or property related to the SERVICES;
DocuSign Envelope ID: 0F209E7D-9B07-444C-BCB1-5E41CD12CE08 #13..
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22 h. If CITY so requests, and at CITY's cost, CONTRACTOR shall provide sufficient oral or written status reports to make CITY reasonably aware of the status of CONTRACTOR’s work on the SERVICES.
i. CONTRACTOR understands and agrees that CITY may, in CITY’s sole discretion, refuse to pay CONTRACTOR for that portion of CONTRACTOR's SERVICES which were performed by CONTRACTOR on the project prior to the termination date and which remain unacceptable and/or not useful to CONTRACTOR as of the termination date.

CITY will pay CONTRACTOR for SERVICES completed prior to the receipt of the termination notice or otherwise completed in accordance with the notice of termination. The final payment to the CONTRACTOR after termination for convenience shall be limited to amounts due and owing under the AGREEMENT at time of termination, including the following:
a. The cost of settling and paying valid claims arising out of the termination of the SERVICES such as subcontractor agreements or contracts for materials; b. The AGREEMENT price allocable to the portion of the SERVICES properly performed or goods supplied to the work site by the CONTRACTOR as of the date of termination, as determined in accordance with the notice of termination, reduced by any sums previously paid to the CONTRACTOR for such SERVICES.

13. COMPLIANCE WITH ALL LAWS:

CONTRACTOR hereby agrees that CONTRACTOR and its subcontractors, if any, in the performance of the SERVICES described herein, will comply with all federal, state, county and municipal laws, rules and regulations which may be applicable to the work herein contracted for, whether now in existence or hereafter adopted.

DocuSign Envelope ID: 0F209E7D-9B07-444C-BCB1-5E41CD12CE08 #13..
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23 14. FAILURE TO PERFORM SATISFACTORY WORK: It is agreed and understood that if the CONTRACTOR fails to perform the SERVICES as specified herein, CITY's representative may:
a. Consent to accept such unsatisfactory service with an appropriate adjustment in contract price, based on established cost factors,
b. Have such required work done by CITY forces or otherwise, and charge the cost thereof to the CONTRACTOR, or
c. Recommend termination of AGREEMENT between said the CONTRACTOR and the City of Modesto.

Those discrepancies and deficiencies in the SERVICES that remains uncorrected after the date set for correction may be the necessary justification for a billing adjustment in the month following the occurrence.

Unless otherwise negotiated, billing adjustments for this incomplete or uncorrected work shall be permanent retention of 100% of the estimated monthly cost for the SERVICES not corrected or completed.

15. ASSIGNMENT OF RIGHTS: The CONTRACTOR offers and agrees, and will require all subcontractors and suppliers to agree, to assign to the CITY all rights, title, and interest in and to all causes of action it and they may have under Section 4 of the Clayton Act (15 United States code, Section 15) or under the Cartwright Act (Business and Professions Code, Section 16700 et seq.), arising from the acquisition of goods, services, or materials pursuant to this AGREEMENT or any allowed subcontract. The assignment made by CONTRACTOR and all assignments made by subcontractors and suppliers shall be made and become effective at the time the CITY makes final payment to the CONTRACTOR, without further acknowledgment by the parties (Government Code, Sections 4550-4554).

16. CITY PROCESS/PROCEDURE APPROVALS: CITY approval of any process or procedure shall not relieve CONTRACTOR of its responsibility to furnish the required SERVICES meeting all specifications contained herein.

17. DIR REGISTRATION: Pursuant to Labor Code section 1771.1, CONTRACTOR may not engage in the performance of the Services set forth in Exhibit “C”, unless currently registered and qualified to perform public DocuSign Envelope ID: 0F209E7D-9B07-444C-BCB1-5E41CD12CE08 #13..
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24 work pursuant to Section 1725.5 thereof. As required in Section 7029.1 of the Business and Professions Code or by Section 10164 or 20103.5 of the Public Contract Code, that during term of this AGREEMENT, CONTRACTOR shall be registered to perform public work pursuant to Section 1725.5 thereof.

18. CONTRACTOR'S RESPONSIBILITY FOR DAMAGES: If CONTRACTOR damages any property belonging to the CITY or a third party, the CONTRACTOR will be required to make repairs immediately, at CONTRACTOR’s sole cost and expense, to the satisfaction of the CITY. In the event that CONTRACTOR fails to perform the necessary repairs, the CITY may either retain from the money due to CONTRACTOR an amount sufficient to repair the damage or perform the repairs and send an invoice to the CONTRACTOR for such costs, which shall be paid within thirty (30) days.

19. NOTICES:

Any notice, payment or instrument required or permitted by this AGREEMENT to be given or delivered to either party shall be deemed to have been received when personally delivered, or one calendar week following deposit of the same in any United States Post Office, registered or certified mail, postage prepaid, addressed as follows:

CONTRACTOR: __________________
__________________
__________________
__________________
CITY: City of Modesto
Purchasing Division
P.O. Box 642
Modesto, CA 95353
Each party may change its address for delivery of notice by delivering written notice of such change of address to the other party.

20. SIGNATORY(IES) FOR CONTRACTOR:

Each signatory for CONTRACTOR below warrants and represents that it is legally competent to, and have full authority to, execute the AGREEMENT.

21. QUANTITIES: No minimum or maximum is guaranteed or implied.

DocuSign Envelope ID: 0F209E7D-9B07-444C-BCB1-5E41CD12CE08 #13..
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25 22. FUNDING: All annual extensions are based upon continuous funding for that purpose by the City Council. Failure to fund any annual extension shall result in an immediate termination of the AGREEMENT without redress.

23. OTHER GOVERNMENT/PUBLICLY FUNDED AGENCIES: If mutually agreeable to all parties, the issuance of any resultant contract/purchase order referencing these specifications and modified by mutual agreement between all parties may be extended to other government or publicly funded agencies. It shall be understood that all terms and conditions as specified herein shall apply.

24. NON-DISCRIMINATION:
a. During the performance of this AGREEMENT, CONTRACTOR and any allowed subcontractors shall not unlawfully discriminate against any employee or applicant for employment because of race, color, ancestry, religion, sex, national origin, marital status, age, medical condition (cancer related), physical handicap (including AIDS), sexual orientation, or any other basis prohibited by Federal or California law. Equal employment opportunity extends, but is not limited to recruitment, compensation, benefits, layoff, termination, and all other conditions of employment. The CONTRACTOR and any allowed subcontractors shall ensure that the evaluation and treatment of their employees and applicants for employment are free of such discrimination.

The CONTRACTOR and any allowed subcontractors shall comply with the provisions of the Fair Employment and Housing Act (Government Code, Section 12900 et seq.) and the applicable regulations promulgated thereunder (California Administrative Code, Title 2, and Section 7285.0 et seq.). The applicable regulations of the Fair Employment and Housing Commission implementing Government Code, Section 12900, set forth in Chapter 5 of Division 4 of Title 2 of the California Administrative Code are incorporated into this contract by reference and made a part hereof as if set forth in full. b. The CONTRACTOR and any allowed subcontractors shall give written notice of their obligations under this clause to labor organizations with which they have a collective bargaining or other agreement.

DocuSign Envelope ID: 0F209E7D-9B07-444C-BCB1-5E41CD12CE08 #13..
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26 c. The CONTRACTOR shall include the nondiscrimination and compliance provisions of this clause in any allowed subcontracts to perform SERVICES. d. The Contractor shall permit access by representatives of the Department of Fair Employment and Housing and the CITY upon reasonable notice at any time during the normal business hours, but in no case less than 24 hours’ notice, to such of its books, records, accounts, other sources of information and its facilities as said Department or CITY shall require to ascertain compliance with this AGREEMENT. e. By executing this AGREEMENT, CONTRACTOR certifies that it shall follow and be in compliance with the Americans with Disabilities Act of 1990, the applicable administrative requirements promulgated in response thereto, and any other applicable Federal laws and regulations relating to handicap discrimination and participation and will continue to do so for at least the duration of the AGREEMENT and any extensions thereof.

25. CONTRACTOR LICENSES & PERMITS: CONTRACTOR warrants and represents that it possesses and shall maintain all licenses, and shall secure and maintain all necessary permits, necessary to perform the SERVICES.

26. RECORDS. All final versions of reports, data, maps, models, charts, studies, surveys, photographs, memoranda, plans, studies, specifications, records, files, or any other documents or materials, in electronic or any other form, that CONTRACTOR prepares or obtains pursuant to this Agreement and that relate to the matters covered hereunder shall be the property of the CITY. CONTRACTOR hereby agrees to deliver those documents to the CITY upon termination of the AGREEMENT, and the CITY may use, reuse, or otherwise dispose of the documents without CONTRACTOR’s permission. It is understood and agreed that the documents and other materials, including but not limited to those described above, prepared pursuant to this AGREEMENT are prepared specifically for the City and are not necessarily suitable for any future or other use.

27. FACILITIES AND EQUIPMENT. Except as set forth herein, CONTRACTOR shall, at its sole cost and expense, provide all facilities and equipment that may be necessary to perform the services required by this AGREEMENT. CITY shall make available to CONTRACTOR only the facilities and equipment listed in DocuSign Envelope ID: 0F209E7D-9B07-444C-BCB1-5E41CD12CE08 #13..
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27 EXHIBIT “A” and “B”, and only under the terms and conditions set forth herein.

28. INDEPENDENT CONTRACTOR; NOT AGENT. At all times during the term of this AGREEMENT, CONTRACTOR shall be an independent contractor and shall not be an employee of CITY. CITY shall have the right to control CONTRACTOR only insofar as the results of CONTRACTOR’s services rendered pursuant to this AGREEMENT. Except as City may specify in writing, CONTRACTOR shall have no authority, express or implied, to act on behalf of CITY in any capacity whatsoever as an agent. CONTRACTOR shall have no authority, express or implied, pursuant to this AGREEMENT to bind City to any obligation whatsoever.

29. DRUG FREE WORKPLACE: CONTRACTOR certifies that it is following and in compliance with Sections 8350 - 8355 of Chapter 5.5 of the Government Code, Drug Free Workplace Act whereby each person or organization awarded a contract/purchase order or grant for the procurement of any property or service from any state agency (city) shall certify to the contracting or granting agency that it will provide a drug free workplace.

30. ASSIGNMENT:

Neither this AGREEMENT nor any SERVICES hereunder shall be subcontracted or assigned by CONTRACTOR without the prior written consent of the CITY in each and every instance.

31. WAIVER:

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

32. HEADINGS NOT CONTROLLING:

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

33. MISCELLANEOUS:

Time is of the essence in CONTRACTOR’s performance under each provision of this AGREEMENT.

DocuSign Envelope ID: 0F209E7D-9B07-444C-BCB1-5E41CD12CE08 #13..
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28 34. ENTIRE AGREEMENT:

This Agreement and its exhibits contain the entire understanding between CONTRACTOR and CITY. Additional or new terms contained in this AGREEMENT which vary from CONTRACTOR’s bid are controlling and are deemed accepted by CONTRACTOR by performance of any SERVICES or other commencement of performance hereunder. The terms and conditions of the IFB, attached hereto as Exhibit C, are incorporated herein. In the event of a conflict between the IFB and this AGREEMENT, this AGREEMENT shall control. All previous bids, offers and communications relative to this Agreement, whether oral or written, are hereby superseded except to the extent that they have been incorporated into this Agreement. No future waiver or exception to any of the terms, conditions, and provisions of this AGREEMENT shall be considered valid unless specifically agreed to in writing by the parties.

35. PARTIAL INVALIDITY:

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

DocuSign Envelope ID: 0F209E7D-9B07-444C-BCB1-5E41CD12CE08 #13..
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29 IN WITNESS WHEREOF, the CITY OF MODESTO, a municipal corporation, has authorized the execution of this Agreement in duplicate by its City Manager and attested by its City Clerk on the _____________ day of _____________________, 2022 and _____________________has caused this Agreement to be duly executed.

CITY OF MODESTO, CONTRACTOR
A municipal corporation
By: __________________________ By: _________________________________ JOSEPH P. LOPEZ, (Signature)
City Manager
By: _________________________________
(Name & Title)
ATTEST: Date: _______________________________
By: __________________________

DIANE NAYARES-PEREZ, CMC,
City Clerk

(SEAL)

APPROVED AS TO FORM:

By: ____________________________
JOSE M. SANCHEZ,
City Attorney
By: ____________________________
JOE F. RODRIQUEZ,
Risk Manager
DocuSign Envelope ID: 0F209E7D-9B07-444C-BCB1-5E41CD12CE08 #13..
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INFO CONTRACT NUMBER PROJECT NUMBER PROJECT NAME DEPARTMENT NAME PROJECT STATUS = e Boiler Annual Inspections and Service Finance
General Liability
Manual Entry
03/08/2022 — 03/08/2023
Policy: 351BG0700701
Insurer: Burlington Insurance Company
Automobile Liability
Manual Entry
09/08/2022 — 03/08/2023
Policy: 032977783
Insurer: United Financial Casualty Company
Excess
Manual Entry
03/08/2022 — 03/08/2023
Policy: 351BE0130402
Insurer: Burlington Insurance Company
Workers Compensation
Manual Entry
03/08/2022 — 03/08/2023
Policy: 931395022
Insurer: State Compensation Insurance Fund
Requirements Notes: 
Approved as to form. TMassey 3/21/18
Approved updated certificates. KLay 5/2/19
Approved CariM 03/16/2020
Approved
Approved-09/29/2021 -AS
Approved-GS 3/24/22
WC approved - GS 8/18/22
e Pyro Combustion of CA
Overall Status: APPROVED

APPROVED 
Required Policies

Each Occurrence: $1,000,000
Fire Damage (any one fire): $100,000
Med.exp (any one person): $
Personal/adv Injury: $1,000,000
General (Aggregate): $2,000,000
Products-comp/op Agg: $2,000,000
APPROVED 
Combined Single Limit (Ea Accident): $1,000,000
Bodily Injury (Per Person): $
Bodily Injury (Per Accident): $
Property: $
APPROVED 
Limit: $4,000,000
APPROVED 
E.L. Each Accident: $1,000,000
E.L. Disease - Ea Employee: $1,000,000
E.L. Disease - Policy Limit: $1,000,000
APPROVED 
Required Documents 
User Uploaded Documents 
Help
DocuSign Envelope ID: 0F209E7D-9B07-444C-BCB1-5E41CD12CE08 #13..
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Business License
Pyro Combustion of California
August 30, 2022
DocuSign Envelope ID: 0F209E7D-9B07-444C-BCB1-5E41CD12CE08 #13..
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FIRST AMENDMENT ANNUAL BOILER SERVICE AGREEMENT

WITH PYRO COMBUSTION OF CALIFORNIA
This First Amendment to Annual Boiler Service Agreement (the “First Amendment”) is entered into between the CITY OF MODESTO, a municipal corporation of the State of California hereinafter referred to as “City” and Pyro Combustion of California hereinafter referred to as “Contractor” entered into by the parties on the _____ day of ____________________ , 2023.

RECITALS
This First Amendment is made with regard to the following recitals:

WHEREAS, City and Contractor previously entered into an agreement for Annual Boiler Service dated September 22, 2022 (the “Original Agreement”), and WHEREAS, City and Contractor desire to amend the Original Agreement by increasing the previously approved not to exceed amount from $50,000 to $250,000.

NOW, THEREFORE, in consideration of this First Amendment, and the mutual promises, covenants, and stipulations contained in the Original Agreement for Annual Boiler Service and this First Amendment to Original Agreement, the parties agree as follows:

1. Section 1, e., of the Original Agreement is deleted and replaced in its entirety as follows:
“CONTRACTOR shall furnish said services at the following AGREEMENT rates for an estimated annual amount $50,000. The total amount paid by CITY to CONTRACTOR over the full term of the AGREEMENT shall not exceed $250,000. Unless the services provided are for a lump sum or flat fee, fees for work performed by CONTRACTOR on a service basis shall not exceed the amounts shown on bid attached hereto as Exhibit A.”

2. Except as provided for in this First Amendment, all other terms and conditions of the Original Agreement shall remain in full force and effect. #13..
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IN WITNESS WHEREOF, the City of Modesto, a municipal corporation, has authorized the execution of this First Amendment to Original Agreement for the Annual Boiler Service in duplicate by its City Manager and attestation by its City Clerk on the ________ day of ________________ , 2023, and Pyro Combustion of California has caused this First Amendment to be duly executed in duplicate as of the Effective Date.
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(209) 527 Estimate -7976
(209) 444-9007
[email protected]
Date Estimate #
4 15/2023 230056
Bill To Ship To
Attention: Richard Christianson
City of Modesto Finance
ATTN Accounts Payable
P.O. Box 642
Modesto.CA 95353-0642
City of Modesto
1221 Sutter Ave
Modesto. CA 95351
Customer Phone Customer Fax Lead Time FOB
(209) 577 12-16 Weeks Factory (209) 577-5382 -5413
Item Description Qty Cost Total
Peerless LCE-20 Boiler Rebuild Kit 49,500.00 49.500.00T (Includes: Full Set of Sections (20). Upper and Lower
Gaskets, Rope, Observation Assy and Safety Valve
Model No 1CE-20-W S SN LC011541-0898
Labor - Prevailing Wage Not to Exceed
Freight
Parts 1
33,000.00

3.000.00
33,000.00
3,000.00
Labor
Freight
1 I
Estimated Parts Lead Time 12-16 Weeks
Boiler Down for 2 Weeks
Subtotal Thank you, $85,500.00
Rob Abraham
[email protected] Sales Tax (8.875%) S4.393.13
If payment is made via credit card a 4.5% non-cash
transaction fee will apply on all orders over $5,000.00. Total $89,893.13 Quote Valid for 30 Days
#13..
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CITY OF MODESTO

COUNCIL AGENDA REPORT
DATE OF MEETING:

May 23, 2023
Date: April 28, 2023
TO: Mayor and City Council
THROUGH: Joseph P. Lopez, City Manager
FROM: William Wong, Director of Utilities
SUBJECT: Accept Emerald Sewer Main Emergency Repair as Complete CONTACT: Jason Farnsworth, Wastewater Division Manager, [email protected] 209-577-6255
DESCRIPTION:

Consider accepting the Emerald Sewer Main Emergency Repair as complete, and authorizing all payments to Rolfe Construction, Atwater, CA and Krazan & Associates, Inc., Clovis, CA, for a total cost of $66,284. (Funding Source: Sewer Operations Fund) STRATEGIC PLAN ELEMENT:

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

BACKGROUND:

On Monday, January 23, 2023, Wastewater Collections was notified of a stoppage in the Emerald Sewer next to the Modesto Irrigation District (MID) canal. On Tuesday, January 24, 2023, crews assigned to perform a Closed-Circuit Television (CCTV) inspection realized the pipeline had again stopped flowing. After relieving the stoppage, the CCTV inspection discovered a 6’ – 10’ section of the pipeline had collapsed and would need immediate repair.

The trunk line is located within the Tuolumne River Regional Park (TRRP) area, in an undeveloped area.

The depth of the collapsed sewer line at this location is 11 feet. Given the proximity to the MID canal, proximity to the Emerald Trunk sewer, and the depth of the repair, Wastewater Collections determined it would be prudent to utilize a contractor to perform the work to ensure a safe and efficient repair.
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City Council, May 23, 2023
Accept Emerald Sewer Main Emergency Repair as Complete

The week of January 30th, Utilities Engineering reached out to four Contractors currently under contract with the City to determine availability to perform the repair and to request cost proposals.

DISCUSSION:

Given the urgency of the repairs, there was not sufficient time to follow the typical bid process.

However, staff contacted four Contractors, currently under contract with the City, to provide a cost proposal to perform the repair.

The four contractors included Ranger Pipelines, Mozingo Construction, Mountain Cascade, and Rolfe Construction. The scope of work was provided to each of the contractors on Wednesday, February 1, 2023, via email and each contractor was given until Friday, February 3, 2023, to provide a cost proposal.

Below is the summary of the cost proposals received:
 Ranger Pipelines - Was not able to provide a cost proposal being fully committed on the River Trunk project
 Mountain Cascade – Chose not to bid
 Mozingo Construction - $98,200
 Rolfe Construction- $71,928
Staff therefore recommended selection of the lowest bidder, Rolfe Construction Inc., to perform the emergency repair.

While obtaining bids and awaiting repair, Wastewater Collections staff were required to check the pipeline for stoppages twice a day to ensure the line was flowing. On Tuesday, February 14, 2023, Rolfe Construction completed the emergency repair on the Emerald sewer pipeline. After Rolfe Construction completed the repairs on the Emerald Sewer Trunk, Krazan & Associates provided compaction test of the trench repair.

Modesto Municipal Code, 8-3.102. allows the City Manager to approve and authorize contracts for projects that are of urgent necessity for the preservation of life, health and property and for staff to report to Council on the emergency repair. On January 3, 2023, staff requested City Manager approval of the necessary emergency repair project. The City Manager provided the City Council an update on the completion of the emergency project on May 11, 2023.

Staff recommends the repairs for acceptance as the contractor has complied with all contract requirements for the project.

FISCAL IMPACT:

The total construction repair costs were $66,284 which included all construction labor, compaction testing and materials. There are sufficient funds to pay for these costs in the Fiscal Year 22-23 Sewer Collections budget.

Cost Center: 4210-44211-53100
(Sewer Operations Fund-Sewer Collections-Repair and Maintenance)

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City Council, May 23, 2023
Accept Emerald Sewer Main Emergency Repair as Complete

EMERGENCY REPAIR COSTS
Emerald Sewer Emergency Repair (Rolfe Construction) $65,429 Compaction Testing and Density Curve (Krazan & Associates) $855 TOTAL COSTS $66,284
COMMITTEE RECOMMENDATION:

Due to urgent nature of the action needed, as noted above, this item was not presented to Council Committee.

RECOMMENDED COUNCIL ACTION:

Staff Recommendations:

Resolution accepting the Emerald Sewer Main Emergency Repair as complete, and authorizing all payments totaling $65,429 to Rolfe Construction, Atwater, CA, and authorizing all payments totaling $855 to Krazan and Associates, Inc., Clovis, CA, for a total cost of $66,284, and authorizing the City Manager, or his designee, to implement the provisions of this Resolution.

Approved by:

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

1. Resolution

2. Rolfe Construction Invoice

3. Krazan & Associates, Inc. Invoice
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05/23/2023/Utilities/JFarnsworth/Item # 1 2023-xxx

MODESTO CITY COUNCIL
RESOLUTION NO. 2023-XX

RESOLUTION ACCEPTING THE EMERALD SEWER MAIN EMERGENCY

REPAIR AS COMPLETE, AND AUTHORIZING ALL PAYMENTS TOTALING $65,429 TO ROLFE CONSTRUCTION, ATWATER, CA, AND AUTHORIZING ALL PAYMENTS TOTALING $855 TO KRAZAN AND ASSOCIATES, INC., CLOVIS, CA, FOR A TOTAL COST OF $66,284, AND AUTHORIZING THE

CITY MANAGER, OR HIS DESIGNEE, TO IMPLEMENT THE PROVISIONS

OF THIS RESOLUTION
WHEREAS, Wastewater Collections was notified of a stoppage in the Emerald Sewer next to the Modesto Irrigation District (MID) canal. Crews assigned to perform a closed-circuit television (CCTV) inspection realized the pipeline had stopped flowing.

After reliving the stoppage, the CCTV inspection discovered a 6’ - 10’ section off the pipeline had collapsed and would need immediate repair. The trunk line is located within the TRRP area, in an undeveloped area; and
WHEREAS, given the proximity to the MID canal, the proximity to the Emerald Trunk sewer, and the depth of the repair, Wastewater Collections determined it would be prudent to utilize a contractor to perform the repair in order to ensure a safe and efficient repair; and
WHEREAS, Utilities Engineering reached out to four Contractors currently under contract with the City to determine availability to perform the repair and to request cost proposals; and
WHEREAS, Staff therefore recommended selection of the lowest bidder, Rolfe Construction, Inc., to perform the emergency repair; and WHEREAS, on Tuesday, February 14, 2023, Rolfe Construction completed the emergency repair on the Emerald sewer pipeline.
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5/23/2023/Utilities/JFarnsworth/Item # 2 2023-xxx
NOW, THEREFORE BE IT RESOLVED by the Council of the City of Modesto that it hereby accepts the Emerald Sewer Main emergency repair as complete, and authorizing all payments totaling $65,429 to Rolfe Construction, Atwater, CA, and authorizing all payments totaling $855 to Krazan and Associates, Inc., Clovis, CA, for a total cost of $66,284.

BE IT FURTHER RESOLVED, that the City Manager, or his designee, is hereby authorized to implement the provisions of this resolution.

The foregoing resolution was introduced at a regular meeting of the Council of the City of Modesto held on the 23rd 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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Rolfe Construction INC
3573 Southern Pacific Ave
Atwater CA 95301
P:209-358-5548 F:209-357-2916
[email protected]
Invoice: 23041
Invoice Date: 3/20/2023
For Period Ending: 2/28/2023
Due Date: 4/19/2023
Project:

Customer: 1091
2304
To:

City of Modesto
P.O. Box 642
801 11th Street
Modesto CA 95353
Project:

Modesto-Emergency Sewer Rpr-Emerald Ave
Emerald Ave
Pinecone Dr
Modesto CA 95351
Code
Description UOM
Current
Contract
Qty/Amt
Previous
Completed
Qty/Amt
Current
Completed
Qty/Price
Current
Completed
Amount
Current
Retainage
Retainage
To Date
Current
Due
50001
Shoring, Bracing and Sheeting
LS 1.00
11,600.00

0.00 0.00

1.00000
11600.0000 11,600.00 0.00 0.00 11,600.00
50002
Bypass Pumping
LS 1.00
6,496.00

0.00 0.00

0.00000
6496.0000 0.00 0.00 0.00 0.00
50003
R&R Xstng 6" VCP Sewer w/6"
PVC Sewer
LF 10.00
12,300.00

0.00 0.00

10.00000
1230.0000 12,300.00 0.00 0.00 12,300.00
50004
Connect to Existing Sanitary
Sewer
LS 1.00
5,916.00

0.00 0.00

1.00000
5916.0000 5,916.00 0.00 0.00 5,916.00
50005
Asphalt Concrete
TN 7.00
7,357.00

0.00 0.00

7.00000
1051.0000 7,357.00 0.00 0.00 7,357.00
50006
Aggregate Base
CY 10.00
1,456.00

0.00 0.00

10.00000
145.6000 1,456.00 0.00 0.00 1,456.00
50007
Traffic Control
LS 1.00
11,600.00

0.00 0.00

1.00000
11600.0000 11,600.00 0.00 0.00 11,600.00
50008
Road Striping
LS 1.00
4,350.00

0.00 0.00

1.00000
4350.0000 4,350.00 0.00 0.00 4,350.00
50009
CCTV Pipeline Inspection
LF 10.00
5,050.00

0.00 0.00

10.00000
505.0000 5,050.00 0.00 0.00 5,050.00
50010
Pipe Fittings
LS 1.00
725.00

0.00 0.00

1.00000
725.0000 725.00 0.00 0.00 725.00
50011
Protect Adjacent Utilities
LS 1.00
1,450.00

0.00 0.00

1.00000
1450.0000 1,450.00 0.00 0.00 1,450.00
50012
WPCP
LS 1.00
3,625.00

0.00 0.00

1.00000
3625.0000 3,625.00 0.00 0.00 3,625.00
Invoice Totals: 71,925.00 0.00 65,429.00 0.00 0.00 65,429.00 Net Due: 65,429.00
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CITY OF MODESTO

COUNCIL AGENDA REPORT
DATE OF MEETING:

May 23, 2023
April 27, 2023
TO: Mayor and City Council
THROUGH: Joseph P. Lopez, City Manager
FROM: William Wong, Director of Utilities
SUBJECT: Reject Bids for the La Loma Sewer Replacement Phase 1 Project CONTACT: Cristian Ciotau, Senior Civil Engineer, [email protected], 209-577-5260 DESCRIPTION:

Consider rejecting all bids for the La Loma Sewer Replacement Phase 1 Project and authorizing staff to re-advertise the project for bids at a future date. (Funding Source: Wastewater Fund) STRATEGIC PLAN ELEMENT:

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

BACKGROUND:

In 2016, the Wastewater Engineer’s Report was approved to provide a basis for establishing wastewater related charges, fees and identified needed Wastewater Capital Improvement Program (CIP) Projects.

In 2021, the updated Wastewater Engineer’s Report included the rehabilitation of the existing sewer lines in the La Loma Avenue area. Phase 1, identified as project “LL-1”, in Area 4 of the La Loma Sewer Project is bounded by Downey Avenue to the North, North Morton Boulevard to the East, Jennie Street to the South and Burney Street to the West.

In the La Loma Phase 1 area, there are old, deficient sewer lines which are undersized and, in some areas, do not meet the self-cleaning velocity City standard minimum slope of 2 feet per second. This project will upsize approximately 7,400 linear feet of sewer lines and will address the existing slope issues, bringing it in compliance with current City standards.

In addition to the gravity lines, new laterals will also be installed in various locations throughout the neighborhood along with a 6-inch sewer force main to reroute and replace the existing old line. As a result of the new alignments, new manholes will also be necessary.

This project will also construct new concrete ramps and provide for street paving where needed. #15..
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City Council, May 23, 2023
Reject Bids for the La Loma Sewer Replacement Phase 1 Project

DISCUSSION:

The project was advertised for bids on March 7, 2023. The bids were publicly opened on April 11, 2023, pursuant to City Charter Section 1307; Only two bids were received.

The City received two bids. One bid was below the engineer’s estimate by 15%. However, that bidder didn’t submit the required certification regarding local hiring and therefore the bid was not responsive. The only other bid was 18.17% higher than the engineer’s estimate, creating a substantial discrepancy between the bids. With only two bids received, the bid participation was not as expected. Staff believes that by rejecting all bids and rebidding the project, the City will receive a bid at or near the engineer’s estimate.

For these reasons, staff recommends the rejection of the two bids received and recommends re-advertising the project at a later date. This will allow staff to re-evaluate the construction costs in accordance with the scope of work and to perform any adjustments to the bid package as well as to the engineer’s estimate and project budget.

If approved, staff anticipates the re-advertisement of the project in summer of 2023 with the expectation that the City will receive multiple competitive bids comparative to the engineer’s estimate. Staff expects construction of this project to begin in fall of 2023.

In accordance with Modesto Municipal Code Sec. 8-3.203, Formal Bid Procedures, the Council shall have the authority to accept or reject any or all bids. The rejection of all bids for the La Loma Sewer Replacement Phase 1 Project conforms to Modesto Municipal Code 8-

3.203, subsection (e).

FISCAL IMPACT:

If Council approves rejecting all bids, the additional expenses to re-bid the project will be approximately $10,000 which includes expenses associated with modifications to the plans and specifications, advertising and bidding the project, selling of plans and specifications, answering requests for information, and processing the item through to the award of the construction contract.

ANTICIPATED CONSTRUCTION EXPENDITURES:

Construction $6,000,000
Construction Contingency (12%) $720,000
Construction Administration – City Staff (8%) $480,000
Engineering/Design/Administration – City Staff $150,000 TOTAL: $7,350,000
COMMITTEE RECOMMENDATION:

The La Loma Sewer Replacement Phase 1 Project, was presented to the Economic Development Committee on March 6, 2023. The Committee approved the project and recommended staff to present the award of the project to Council upon successful bidding.

CEQA/NEPA REQUIREMENTS:
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City Council, May 23, 2023
Reject Bids for the La Loma Sewer Replacement Phase 1 Project

Environmental review has been provided through a Categorical Exemption under CEQA Section 15301 (Ex. Facilities) Class1, (b).

RECOMMENDED COUNCIL ACTION:

Staff Recommendations:

Resolution rejecting all bids for the La Loma Sewer Replacement Phase 1 Project, and authorizing staff to re-advertise the project for bids at a future date.

Approved by:

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

1. Resolution
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05/23/2023/Utilities/CCiotau/Item XX 1 2023-XX

MODESTO CITY COUNCIL
RESOLUTION NO. 2023-

RESOLUTION REJECTING ALL BIDS FOR THE LA LOMA SEWER
REPLACEMENT PHASE 1 PROJECT, AND AUTHORIZING STAFF TO READVERTISE THE PROJECT FOR BIDS AT A FUTURE DATE WHEREAS, the project was advertised for bids on March 7, 2023, and WHEREAS, the bids were publicly opened on April 11, 2023, pursuant to City Charter Section 1307, and
WHEREAS, two bids were received, and
WHEREAS, one of the bids received was below the engineer’s estimate by 15%, but that bid was non-responsive because it failed to include a required certification, and the other bid was above the engineer’s estimate by 18.17%, and WHEREAS, there was a substantial discrepancy between the two bids and the bid participation was not as expected with only two bids having been received, and WHEREAS, the Utilities Department staff determined that it would be in the best interest of the City to reject all bids and re-advertise the project at a later date, with a reanalyzed and accordingly revised engineer’s estimate, to better reflect the complexity of the work, due to its location and some deep excavations needed.

NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Modesto that it hereby rejects all bids received for the La Loma Sewer Replacement Phase 1 Project.

BE IT FURTHER RESOLVED that staff is hereby authorized to re-advertise the project.
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05/23/2023/Utilities/CCiotau/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 23rd 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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CITY OF MODESTO

COUNCIL AGENDA REPORT
DATE OF MEETING:

May 23, 2023
Date: May 15, 2022
TO: Mayor and City Council
THROUGH: Joseph P. Lopez, City Manager
FROM: Allison Van Guilder, Deputy City Manager
SUBJECT: Independent Police Auditor Professional Services Agreement CONTACT: Allison Van Guilder, Deputy City Manager, [email protected], 209-577-5228
DESCRIPTION:

Consider approving a Professional Services Agreement for Independent Police Auditor (IPA) Services with OIR Group, Playa del Rey, CA for a total amount not to exceed $451,000 over five years. (Funding Source: General Fund)
STRATEGIC PLAN ELEMENT:

The recommended action supports the City’s 2020-2025 Strategic Plan Initiatives: Goal A.

Improve Community Safety- Engage staff and local organizations in public safety efforts.

BACKGROUND:

On May 22, 2021, a listening session was held as a formal launch of the Forward Together initiative where the following key primary themes emerged: 1) Accountability, 2) Policies and Practices, and 3) Alternate Response Models. Subsequently, on June 8, 2021, by Resolution No. 2021-216, the City Council approved the formation of the Forward Together working group in support of a community engagement process to educate and explore solutions that address broad areas of concern as expressed in the listening session.

On August 23, 2022, by Resolution No. 2022-358, the City Council accepted the Forward Together work group’s report which contained several recommendations and directed staff to carry out the appropriate next steps. Staff completed a comprehensive evaluation of various accountability models involving a community oversight board and Independent Police Auditor (IPA), prepared an overview of this research to obtain Council and Community input on these topics, and utilized this input to develop a model to best meet the needs of Modesto.

DISCUSSION:

In review of the Forward Together workgroup’s recommendations, staff identified the IPA and Community Police Review Board (CPRB) as foundational in supporting the key components of accountability. As a result of input received at the September 29, 2022, Council Workshop #16..
- 373 -
City Council, May 23, 2023
Independent Police Auditor Professional Services Agreement

focused on police accountability models, staff developed recommended bylaws for the CPRB and the scope of work (SOW) for the IPA.

On December 13, 2022, Council approved the SOW to initiate a Request for Proposal (RFP) process for Independent Police Auditor Services.i. The project was posted on the City’s public bidding website, PlanetBids on December 29, 2022, with proposals due on March 7, 2023.

Twenty-eight vendors downloaded the specifications, and four proposers chose to respond, none of which were local vendors. An evaluation committee comprised of six members including Allison Van Guilder, Deputy City Manager; Christina Alger, Human Resources Director; Alex Mog, Assistant City Attorney; Will Kelly, Chair of Forward Together and Community Member, Aaron Anguiano, Attorney and Community Member; and Jeramy Young, Chief of Police, City of Livermore, evaluated the proposals.

The evaluation was based on demonstrated ability to perform the scope of work provided in the RFP and the highest score during an interview. After reviewing the proposals, the evaluation committee invited the two highest ranked vendors to an interview. Following the interview, based on being ranked highest in total evaluation criteria, the evaluation committee recommends the award of proposal for the Independent Police Auditor to OIR Group, Playa del Rey, California.

OIR Group consistently demonstrated their ability to conduct and produce the relevant professional work as described in the scope of work and has significant experience working with other community police review boards and public agencies. In addition, the cost of the OIR Group’s proposal was significantly less than the other vendor interviewed.

The IPA will offer an independent assessment of police practices, procedures, as well as responses to critical incidents, uses of force, and misconduct investigations. The IPA will also issue periodic reports that describe the appraisal of the Modesto Police Department’s processes, practices, and procedures, and offer recommendations for systemic improvements. The IPA will audit and review department internal investigations and citizen complaints to ensure a thorough, unbiased, and impartial investigative fact-finding process, and provide consistent and appropriate conclusions. The IPA will review every Modesto Police Department (MPD) investigation of any officer-involved shooting regarding a person (regardless of whether a person was struck by gunfire) and all in-custody deaths, to determine if the investigation was complete, thorough, objective, and fair. The IPA will also serve as the police practices adviser to the CPRB.

Modesto Municipal Code Section 8-3.203 generally requires all purchases, which meet or exceed $50,000 for material, equipment, or contractual services to follow the formal bid procedures. An Award of Proposal and Agreement for Independent Police Auditor services to OIR Group, Playa del Rey, CA, conforms to the Modesto Municipal Code because the City complied with the formal bid procedures and OIR Group was the highest ranked proposal based on the evaluation criteria.

FISCAL IMPACT:

Staff has appropriated funding as part of the Fiscal Year 2023-2024 Operating Budget for an amount not to exceed $85,000 in the General Fund.
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City Council, May 23, 2023
Independent Police Auditor Professional Services Agreement

RECOMMENDED COUNCIL ACTION:

Staff Recommendations:

Resolution approving a Professional Services Agreement for Independent Police Auditor (IPA) Services with OIR Group, Playa del Rey, CA for a two-year period with an option for three 1-year extension options for an annual estimated amount of $85,000 and a total amount not to exceed $451,000 over five years; and authorizing the City Manager, or his designee to execute the Agreement.

Approved by:

Allison Van Guilder, Deputy City Manager
Joseph P. Lopez, City Manager
Attachments:

1. Resolution

2. IPA Agreement OIR Group and Exhibit B– May 23, 2023

3. Scope of Work for IPA Services- Exhibit A

4. Proposal for IPA- OIR Group
i
https://agenda.modestogov.com/OnBaseAgendaOnlineCouncil/Documents/DownloadFile/AR_- _COMMUNITY_POLICE_REVIEW_BOARD_121322.DOCX?documentType=1&meetingId=1511&itemId=6254 8&publishId=81458&isSection=False&isAttachment=True
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May 23, 2023/City Manager’s Office /Allison Van Guilder /Item #2023-xxx

MODESTO CITY COUNCIL
RESOLUTION NO. 2023-XXX

RESOLUTION APPROVING A PROFESSIONAL SERVICES AGREEMENT

FOR INDEPENDENT POLICE AUDITOR (IPA) SERVICES WITH OIR GROUP,

PLAYA DEL REY, CA FOR A TWO-YEAR PERIOD WITH AN OPTION FOR THREE 1-YEAR EXTENSION OPTIONS FOR AN ANNUAL ESTIMATED
AMOUNT OF $85,000 AND A TOTAL AMOUNT NOT TO EXCEED $451,000 OVER FIVE YEARS; AND AUTHORIZING THE CITY MANAGER, OR HIS DESIGNEE TO EXECUTE THE AGREEMENT.

WHEREAS, the City of Modesto is seeking to contract the services of an Independent Police Auditor (IPA), in conjunction with the establishment of a Community Police Review Board (CPRB); and
WHEREAS, the contracting of IPA services is a component of a hybrid police accountability model, and the culmination of the efforts of the Forward Together work group created on June 8, 2021, by Council Resolution No. 2021-216; and WHEREAS, the Council approved the IPA Scope of Work by Council Resolution No. 2022-499; and
WHEREAS, an evaluation committee comprised of six members including Allison Van Guilder, Deputy City Manager; Christina Alger, Human Resources Director; Alex Mog, Assistant City Attorney; Will Kelly, Chair of Forward Together and Community Member; Aaron Anguiano, Attorney and Community Member; and Jeramy Young, Chief of Police, City of Livermore, evaluated the proposals; and WHEREAS, the evaluation was based on demonstrated ability to perform the scope of work provided in the RFP and the highest score during an interview; and WHEREAS, after reviewing the written proposals, the evaluation committee invited the two highest ranked vendors to an interview; and #16..
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05/23/2023/CMO/AVanGuilder/Item XX 2 2023-XXX
WHEREAS, following the interview, based on being ranked highest in total evaluation criteria, the evaluation committee recommends the award of proposal for the Independent Police Auditor to OIR Group, Playa del Rey, California. OIR Group consistently demonstrated their ability to conduct and produce the relevant professional work as described in the scope of work and has significant experience working with other community police review boards and public agencies; and WHEREAS, the cost of the OIR Group’s proposal was significantly less than the other vendor interviewed. Modesto Municipal Section 8-3.203 requires all purchases, which meet or exceed $50,000 for material, equipment, or contractual services to be formally bid; and
WHEREAS, an Award of Proposal and Agreement for Independent Police Auditor Services to OIR group, conforms to the Modesto Municipal Code because the City complied with the formal bid procedures and OIR Group was the highest ranked proposal based on the evaluation criteria; and
WHEREAS, the IPA will offer an independent assessment of police practices, procedures, as well as responses to critical incidents, uses of force, and misconduct investigations; and
WHEREAS, the IPA will also issue periodic reports that describe the appraisal of the Modesto Police Department’s processes, practices, and procedures, and offer recommendations for systemic improvements; and
WHEREAS, the IPA will audit and review department internal investigations and citizen complaints to ensure a thorough, unbiased, and impartial investigative fact-finding process, and provide consistent and appropriate conclusions; and #16..
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05/23/2023/CMO/AVanGuilder/Item XX 3 2023-XXX
WHEREAS, the IPA will review every Modesto Police Department (MPD) investigation of any officer-involved shooting regarding a person (regardless of whether a person was struck by gunfire) and all in-custody deaths, to determine if the investigation was complete, thorough, objective, and fair; and
WHEREAS, the IPA will also serve as the police practices adviser to the CPRB.

NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Modesto that it hereby approves a professional services agreement for Independent Police Auditor (IPA) services with OIR Group, Playa del Rey, CA for a two-year period with an option for three 1-year extension options for an annual estimated amount of $85,000 and a total amount not to exceed $451,000 over five years.

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

The foregoing resolution was introduced at a regular meeting of the Council of the City of Modesto held on the 23rd day of May 2023, by Councilmember X, who moved its adoption, which motion being duly seconded by Councilmember X, was upon roll call carried and the resolution adopted by the following vote:

AYES: Councilmembers: X
Mayor Name
NOES: Councilmembers: None
ABSENT: Councilmembers: None
ATTEST: _________________________________
DIANE NAYARES-PEREZ, City Clerk
(SEAL)
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05/23/2023/CMO/AVanGuilder/Item XX 4 2023-XXX
APPROVED AS TO FORM:

BY: ________________________________
JOSE M. SANCHEZ, City Attorney
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1 AGREEMENT FOR INDEPENDENT POLICE AUDITOR SERVICES
THIS AGREEMENT, made and entered into in the City of Modesto, State of California, this 23rd day of May 2023, (“Effective Date”) by and between the CITY OF MODESTO, a municipal corporation of the State of California, hereinafter referred to as "City", and OIR GROUP a California corporation, hereinafter referred to as "Consultant".

This Agreement is made with regard to the following recitals:

A. The City has determined that services for an Independent Police Auditor (IPA) are needed to support the City of Modesto.

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

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

1. SCOPE OF SERVICES.

Consultant shall undertake and complete the scope of work as set forth and described in the documents attached hereto and referred to as Exhibit “A” or "Service(s)". Consultant shall perform the services as described in Exhibit “A” in a manner compatible with the standards of its profession and that are acceptable to City.

2. TERM OF AGREEMENT.

This Agreement is effective as of the date first written above and will continue in effect until City's acceptance of and payment for all services authorized by City and performed by Consultant, unless terminated earlier in accordance with the provisions of the termination clause in this Agreement.
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2 City hereby gives Consultant notice to proceed with the preparation of the Services, as of the Effective Date of this agreement. Consultant shall diligently proceed with the completion of the Services within the time period set forth in Exhibit “A”.

3. COMPENSATION.

Consultant agrees to accept a sum of approximately $85,000 per year, and a maximum not to exceed $451,000 over five years as full remuneration for performing all services and furnishing all staffing and materials for Modesto in accordance with Exhibit “A”.

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

City shall pay Consultant on a time and materials basis for Consultant’s actual costs for all work called for in Exhibit “A” to this Agreement. All work to be performed under this Agreement shall be billed at the hourly rates set forth in Exhibit “B” attached hereto. Consultant shall submit monthly invoices to City which include detailed tasks, hours worked, and billable rates for all work completed, and detailed receipts for any reimbursable expenses paid by Consultant and identified in Exhibit “B” or approved by the City in writing.

City shall pay Consultant Net 30 terms via CITY’s ePay Program.

4. OBLIGATIONS OF CONSULTANT.

Throughout the term of this Agreement, Consultant shall possess, or secure all licenses, permits, qualifications and approvals legally required to conduct business. Consultant warrants that it has all of the necessary professional capabilities and experience, as well as all tools, instrumentalities, facilities and other resources necessary to provide the City with the services contemplated by this Agreement. Consultant further warrants that it will follow the best current, generally accepted and professional practices to make findings, render opinions, prepare factual presentations, and provide professional advice and recommendations regarding said Services. #16..
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3 5. PERFORMANCE BY KEY EMPLOYEE.

Consultant has represented to City that Stephen Connolly will be the person primarily responsible for the performance of the services referred to in this Agreement. City has entered into this Agreement in reliance on that representation by Consultant.

6. OWNERSHIP OF DOCUMENTS/TITLE TO DATA.

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

Title to Data
If, as a part of the agreement, Consultant is required to produce data such as, but not limited to, drawings, plans, specifications, calculations, models, flow diagrams, visual aids and other related materials, the originals of all such data generated under this agreement will be delivered to City upon the completion or termination of services under the contract. It is understood and agreed that the documents and other materials, including but not limited to those described above, prepared pursuant to this Agreement are prepared specifically for the City and are not necessarily suitable for any future or other use.

All materials, documents, data or information obtained from the City data files or any City medium furnished to Consultant in the performance of this Agreement will at all times remain the property of the City. Such data or information may not be used or copied for direct or indirect use by Consultant after termination of this Agreement without written consent of the City. #16..
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4 7. NEWS AND INFORMATION RELEASE.

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

8. CONFLICT OF INTEREST.

Consultant warrants that it presently has no interest and shall not acquire any interest, direct or indirect, which would create a “conflict of interest”, as that term is defined in the Political Reform Act (Gov. Code § 81000 et seq), for the Consultant in the performance of this Agreement. Consultant warrants that, in performance of this Agreement, Consultant shall not employ any person having any such interest. Consultant understands that, if this Agreement is made in violation of Government Code § 1090 et seq., the entire Agreement is void and Consultant will not be entitled to any compensation for services performed. Consultant agrees to file a Statement of Economic Interests with the City Clerk at the start and end of this contract if so required at the option of City.

9. AMENDMENTS.

This Agreement, including the Exhibits attached hereto, may be amended only by a writing signed by both Parties. City will not be responsible to pay any charges Consultant may incur in performing services not identified in Exhibit ‘A’ unless first authorized by the City in writing

10. INDEPENDENT CONTRACTOR.

All acts of Consultant, its agents, officers, and employees and all others acting on behalf of Consultant relating to the performance of this Agreement, shall be performed as independent contractors and not as agents, officers, or employees of City. Except as City may specify in writing, Consultant has no authority to bind or incur any obligation on behalf of City. Consultant has no authority or responsibility to exercise any rights or power vested in the City. It is understood by both Consultant and City that this Agreement shall not under any circumstances be construed #16..
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5 or considered to create an employer-employee relationship or a joint venture. Consultant, its agents, officers and employees are and, at all times during the terms of this Agreement, shall represent and conduct themselves as independent contractors and not as employees of City.

Consultant shall determine and control the method, details and means of performing the work and services to be provided by Consultant under this Agreement. Consultant shall be responsible to City only for the requirements and results specified in this Agreement, and, except as expressly provided in this Agreement, shall not be subjected to City's control with respect to the physical action or activities of the Consultant in fulfillment of this Agreement. Consultant is permitted to provide services to others during the same period service is provided to City under this Agreement. If necessary, Consultant has the responsibility for employing other persons or firms to assist Consultant in fulfilling the terms and obligations under this Agreement.

If in the performance of this Agreement any third persons are employed by Consultant, such persons shall be entirely and exclusively under the direction, supervision, and control of Consultant. All terms of employment including hours, wages, working conditions, discipline, hiring, and discharging or any other term of employment or requirement of law shall be determined by the Consultant.

It is understood and agreed that as an independent contractor and not an employee of City neither the Consultant or Consultant's assigned personnel shall have any entitlement as a City employee, right to act on behalf of the City in any capacity whatsoever as an agent, or to bind the City to any obligation whatsoever. It is further understood and agreed that Consultant must issue W-2 forms or other forms as required by law for income and employment tax purposes for all of Consultant's personnel.
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6 11. ASSIGNMENT.

Neither this Agreement nor any portion thereof shall be subcontracted or assigned, other than noted in Exhibit ‘A’, without the express prior written consent of the City in each and every instance.

12. PATENT/COPYRIGHT MATERIALS.

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

13. NOTICES.

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

FOR CONSULTANT: Name: OIR Group
Address: 7142 Trask Avenue
Attention: Stephen Connolly, Principal
Phone: 562-922-9337
Email: [email protected]
FOR CITY: Name: City of Modesto
Address: P.O. Box 642
Modesto, CA 95353
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7 Attention: Joe Lopez, City Manager
Phone: (209) 577-5224
Facsimile: (209) 571-5128
Email: [email protected]

14. INSURANCE REQUIREMENTS.

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

In the event the certificates of insurance required hereunder do not provide for notice of cancellation to the certificate holder and/or additional insureds, the Consultant shall provide, and shall require its subcontractors to provide, as an express condition precedent to payment hereunder, an endorsement from their insurers providing that the additional insureds identified herein shall be provided 30 days notice of the cancellation on the policies of insurance required hereunder (10 days notice if the policies are cancelled for non-payment of premium). In addition, the named insured on all such policies shall provide to the additional insureds identified herein any notices of cancellation of said insurance policies within 5 business days of receipt of such notice. The Consultant shall, as a further express condition precedent to payment for work performed, affirm under penalty of perjury that the required insurance, during the duration of Services, 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 #16..
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8 or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to these services or the general aggregate limit shall be twice the required occurrence limit. This insurance shall indicate on the certificate of insurance the following coverages and indicate the policy aggregate limit applying to: premises and operations; broad form contractual; 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.
(c) Professional Liability insurance with a minimum limit of $1,000,000 per claim and policy aggregate. If coverage is on a claims made basis it shall be maintained for at least three (3) years following completion of the work.

If at any time any of said policies shall be unsatisfactory to the City, as to form or substance, or if a company issuing such policy shall be unsatisfactory to the City, the Consultant shall promptly obtain a new policy, submit the same to the Risk Manager for approval and submit a certificate thereof as hereinabove provided. Upon failure of the Consultant to furnish, deliver or maintain such insurance and certificates as above provided, this Agreement, at the election of the City, may be forthwith declared suspended or terminated. Failure of the Consultant to obtain and/or maintain any required insurance shall not relieve the Consultant from any liability under this Agreement, nor shall the insurance requirements be construed to conflict with or otherwise limit the obligations of the Consultant concerning indemnification. The City, its agents, officers, employees, and volunteers shall be named as an additional insured on all insurance policies required herein, except Workers' Compensation and Professional Liability. The Workers' Compensation insurer shall agree to waive all rights of subrogation against the City, its agents, officers, employees, and volunteers for losses arising from work performed by Consultant for the #16..
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9 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. All endorsements referenced above must include the applicable policy number.

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

15. TERMINATION OF AGREEMENT.

Termination for Default
In the event either party fails to perform under this AGREEMENT or breaches any condition contained herein, the other party shall notify in writing the breaching party of the nonperformance. Within 10 days after receipt of notification, the breaching party shall correct any non-performance to the reasonable satisfaction of the non-breaching party, or such other time as may be identified in the notice. Failure to correct any non-performance shall allow the nonbreaching party to terminate this AGREEMENT for cause.

Termination by City for Convenience
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10 City may cancel this Agreement at any time, with or without cause, upon written notification to Consultant.

Post-Termination Procedure
Upon receipt of a written notice of termination, 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 Services as has not been terminated;
g. Take such other actions as may be necessary, or as may be directed by the #16..
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11 City for the protection and preservation of materials documents, and/or property related to the Services;
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.
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 prior to the termination date and which remain unacceptable and/or not useful to City as of the termination date.

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

16. INDEMNITY.

The Consultant shall hold the City, its agents, officers, employees, and volunteers, harmless from and save, defend and indemnify them against any and all claims, losses, liabilities, judgments #16..
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12 or damages from every cause, including but not limited to injury to person or property or wrongful death, including reasonable costs and expenses of defense of any judicial or administrative action, arising directly or indirectly out of any negligent or intentional act or omission of Consultant, or its agents, officers, or volunteers relating to or during the performance of its obligations under this Agreement.

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

In the event that Consultant or any agent or subcontractor of Consultant providing services under this Agreement is determined by a court of competent jurisdiction or the California Public Employees Retirement System (PERS) to be eligible for enrollment in PERS as an employee of City, Consultant shall indemnify, defend, and hold harmless City for the payment of any employee and/or employer contributions for PERS benefits on behalf of Consultant or its employees, agents, or subcontractors, as well as for the payment of any penalties and interest on such contributions, which would otherwise be the responsibility of City.

17. DISPUTE RESOLUTION.

Venue for all claims, controversies, or disputes arising out of, or relating to the formation of this Agreement, or the breach, termination execution, enforcement, interpretation, or validity of this Agreement, including the determination of the scope or applicability of this contract provision shall be in the Superior Court of Stanislaus County or the United States District Court for the Eastern District of California.

18. ATTORNEYS’ FEES.

If a party to this AGREEMENT brings any action, including an action for declaratory relief, to enforce or interpret the provision of this AGREEMENT, the prevailing party shall be #16..
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13 entitled to reasonable attorneys’ fees in addition to any other relief to which that party may be entitled. The court may set such fees in the same action or in a separate action brought for that purpose.

19. ENTIRE AGREEMENT.

This Agreement and its exhibits contain the entire understanding between Consultant and City. All previous proposals, offers and communications relative to this Agreement, whether oral or written, are hereby superseded except to the extent that they have been incorporated into this Agreement.

20. PARTIAL INVALIDITY.

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

21. WAIVER.

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

22. AUDIT.

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

Consultant agrees to retain reports, records, documents, and files related to charges under this Agreement for a period of four (4) years following the date of final payment for Consultant services. City's representative shall have the right to reproduce any of the aforesaid documents. #16..
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14 #16..
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15 23. GOVERNING LAW.

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

24. HEADINGS NOT CONTROLLING.

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

25. COMPLIANCE WITH LAWS.

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

26. CITY BUSINESS LICENSE.

Consultant will have a City of Modesto business license. #16..
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16 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 23rd day of May 2023, and OIR Group has caused this agreement to be duly executed in duplicate as of the Effective Date.
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17 Exhibit B
OIR Group Professional Fees & Estimated Expenses
Billing Rate and Hours
OIR Group proposes billing rates of $250/hour. OIR Group agrees to a “do not exceed” total expense of $85,000 per year for the duration of this contract.

Direct Costs
Direct Costs will be limited to the hours spent on assignments as set out in the statement of work or otherwise determined by the City, Modesto Police Department, Community Police Review Board, and other stakeholders.

Indirect Costs
Indirect Costs will be limited to any necessary travel and lodging as a result of on-site work. Travel expenses will be consistent with the City of Modesto’s regulations. #16..
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Via e-mail
December 29, 2022
INF 23-09
Exhibit A
Request for Proposal
Independent Police Auditing Services
The City of Modesto is soliciting a proposal from firms to retain services for Independent Police Auditing Services. It is the City’s intent to select a firm for a three-year contract with two optional years of extension for a potential five-year agreement for Independent Police Auditing Services.

The following scope of work is intended to cover the range of tasks the Independent Police Auditor (IPA) may address over the course of the contract with the understanding that the amount of time spent on any one task may vary over time. For the scope of this project, the following services would be included:

1. Role of IPA
The role of the IPA will be to offer an independent assessment of the police practices, procedures, and responses to critical incidents, uses of force, and misconduct investigations. The IPA will issue periodic reports that describe its appraisal of the Modesto Police Department’s processes, practices and procedures, and offer recommendations for systemic improvements.

2. Internal Administrative Investigations and Citizen Complaints:

The IPA will audit and review department internal investigations and citizen complaints to help ensure a thorough, unbiased, and impartial investigative fact-finding process, and consistent and appropriate conclusions.

3. Administrative, Citizen Complaint, and Use of Force Investigations:

The IPA will review and report on an annual basis all investigations/cases in the following categories that have been closed:

A. All uses of deadly force and in-custody deaths
B. All bias-based policing complaints
C. All administrative investigations in which the subject employee holds the rank of sergeant or higher
D. A random selection of 1/3 of all administrative investigations; E. A random selection of 1/3 of all citizens complaints F. A random selection of 1/4 of all use of force reviews and any other investigations at the discretion of the City
G. Prepare any additional critical incident reviews or tasks requested in writing by the City Attorney.

4. Officer Involved Shootings and In-Custody Deaths:
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A. The IPA will have the ability to respond to the scene of all officer involved shootings involving a person and all in-custody deaths in real time to monitor and advise the City in the investigation.

B. The IPA will attend Major Incident Review Team (MIRT) meetings and provide timely feedback after the initial briefing regarding any observations, recommendations, and requests for further investigation.

C. The IPA will review every MPD investigation of any officer involved shooting regarding a person (regardless of whether a person was hit by gunfire) and all incustody deaths, to determine if the investigation was complete, thorough, objective, and fair.

5. Access to Information:

A. The police department will ensure the IPA has access to any relevant police department files to ensure the IPA can complete a thorough review of its contracted responsibilities.

6. Community Police Review Board:

The IPA will serve as a police practices adviser to the CPRB. Duties will include:

A. Work closely with the CPRB to offer an independent perspective, sharing its insights into specific matters that come to the Board’s attention.

B. Work closely with the CPRB to receive community feedback and complaints regarding the Modesto Police Department (MPD).

C. Provide training to the Board upon request and assist the Board with the preparation of the Board’s annual report including their workplan.

D. Work closely with the CPRB to review and develop recommendations as to the policies, procedures, and practices of the MPD.

7. Reporting:

A. The IPA will prepare a written public report that will include policy recommendations, along with statistics on the number of citizen complaints and Internal Affairs investigations, the type of allegations, and the conclusion of the investigations (by Internal Affairs), to the extent allowed by applicable law. a. Critical incidents that are the subject of pending or potential litigation will not be included in IPA reports until after the litigation has been resolved.

B. The IPA shall give a presentation to the Community Police Review Board (CPRB) and/or the City Council, which discusses IPA’s review evaluations of internal investigations and citizen complaints that occurred during that year and suggest improvements to policies, procedures or trainings. #16..
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If you are interested in this opportunity, your proposal must be received by 5:00 pm, PST January 31, 2023. Proposals will be accepted electronically or by mail. The City of Modesto assumes no responsibility for delay in the delivery of the proposal. All costs associated with the preparation of the proposal shall be borne by the proposer.

Please see the City’s Professional Services Insurance Requirements defined under the City of Modesto website link provided below.
https://www.modestogov.com/2447/City-Contracts-Insurance-Requirements Business licensing information is found at https://www.modestogov.com/235/BusinessLicensing Please direct your proposal to:

Lynnelle Sanchez
City of Modesto
P. O. Box 642
1010 Tenth Street, Suite 6100
Modesto, CA 95353
[email protected]
The proposal shall include the following information:
▪ Qualifications of the firm
▪ Professional fees and estimated out-of-pocket expenses ▪ Principal staff contacts
▪ Background on your firm
▪ List of client references --preferably including comparable placements ▪ Additional services (Optional)
Proposals submitted will be reviewed by an evaluation committee. The committee will select the proposal which best fulfills the City’s requirements as determined by the evaluation committee. Overall responsiveness to the Request for Proposals is an important factor in the evaluation process.

All questions should be submitted via email to [email protected].

I hope this recruitment opportunity will be of interest to you and look forward to your response.

Sincerely,
Allison Van Guilder, Deputy City Manager
cc: Lynnelle Sanchez, Management Analyst
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Response to the City of Modesto
INF #23-09
Independent Police Auditing Services
Submitted to:

Lynnelle Sanchez
City of Modesto
P.O. Box 642
1010 Tenth Street, Suite 6100
Modesto, CA 95353
[email protected]
Submitted by:

Stephen Connolly, Principal
OIR Group
7142 Trask Ave.

Playa del Rey, CA 90293
[email protected]
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7142 Trask Avenue
Playa del Rey, CA 90293
323-821-0586
OIRGroup.com
February 24, 2023
Lynnelle Sanchez
City of Modesto
P.O. Box 642
1010 Tenth Street, Suite 6100
Modesto, CA 95353
Re: Letter of Transmittal for #INF 23-09, Independent Police Auditing Services Dear Ms. Sanchez:

We are pleased to submit this Letter of Transmittal and related proposal response to the City of Modesto.

This proposal is our official offer to complete the scope of work listed in the Request for Proposals. As detailed in the enclosed proposal, OIR Group is highly qualified to perform the work set out in the RFP. In two decades as full-time specialists in the independent review of police practices, OIR Group principals have developed unparalleled experience in the field. Our approach involves using our access and insights to enhance a department’s own abilities to hold personnel accountable, learn from its experiences, and cultivate public trust in its work. We combine a critical eye with an approach that is candid and collaborative in engaging with police leadership; this leads to both productive dialogue and sustainable recommendations.

We also pride ourselves on writing public reports that heighten understanding of law enforcement policy and practice. As communities all over the country become more #16..
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engaged, and as expectations evolve, we have a refined sense of audience in providing meaningful transparency about policing.

Most importantly, we bring an incredible depth of knowledge to this assignment: in addition to clients throughout the west coast, we are currently the Independent Police Auditor for several northern California jurisdictions, including the Santa Cruz, West Sacramento, Santa Rosa, Palo Alto, and Davis Police Departments and the oversight agency for the County of Santa Clara Sheriff’s Office (Office of Corrections and Law Enforcement Monitoring, or OCLEM). We also have experience with the cities of Anaheim and Burbank, where our current auditing responsibilities overlap considerably with the Modesto's new model. These roles give us unique insight and perspective to evaluate and oversee the Modesto Police Department.

We welcome the opportunity to contribute to the City of Modesto in this new endeavor.

Very truly yours,
Michael Gennaco
Principal, OIR Group
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Table of Contents
Introduction to OIR Group ............................................................................................... 5 Qualifications & Background of the Firm ......................................................................... 7 Summary of Experience ............................................................................................... 7 Requirements: Scope of Work ..................................................................................... 8 Professional Fees & Estimated Expenses ..................................................................... 15 Billing Rate and Hours ............................................................................................... 15 Direct Costs ............................................................................................................... 15 Indirect Costs ............................................................................................................. 15 Principal Staff ................................................................................................................ 16 Staffing Outline .......................................................................................................... 16 OIR Group Organizational Chart ................................................................................ 17 Stephen Connolly ................................................................................................... 18 Michael Gennaco .................................................................................................... 19 Julie Ruhlin ............................................................................................................. 21 Samara Marion ....................................................................................................... 22 Teresa Magula ........................................................................................................ 23 List of Client References ............................................................................................... 24 #16..
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Introduction to OIR Group
OIR Group, LLC, is a team of police practices experts whose members have provided oversight services to public entities since 2001. Its founder is Michael J. Gennaco, a former prosecutor with the Civil Rights Division of the U.S. Department of Justice.

Beginning with his work as the Chief Attorney for the Los Angeles County Office of Independent Review, Mr. Gennaco has become a nationally recognized figure in the field of law enforcement oversight. Our website, www.oirgroup.com, offers detailed examples of our past work and includes numerous public reports that showcase our approach, thoroughness, and familiarity with each of the services described in the City’s RFP.

During our 20 years in the field, we have proven our ability to provide rigorous, credible oversight in a variety of contexts. We have worked with over 30 law enforcement agencies, throughout California and in several other states. Most importantly, we bring an incredible depth of knowledge to this assignment: in addition to clients throughout the west coast, we are currently the Independent Police Auditor for several northern California jurisdictions, including the Santa Cruz, West Sacramento, Santa Rosa, Palo Alto, and Davis Police Departments and the oversight agency for neighboring County of Santa Clara Sheriff’s Office (Office of Corrections and Law Enforcement Monitoring, or OCLEM).

In light of this background, we are uniquely suited to evaluate and oversee the Modesto Police Department (MPD). Moreover, for some time now, we have been following the development of the City's new oversight model – including participation by our members in multiple information-gathering sessions sponsored by the City regarding the strengths and limitations of various approaches to oversight and community involvement. Our understanding is that the proposed roles of the Independent Police Auditor and the Community Police Review Board (CPRB) overlap considerably with the direct experiences we have had in different jurisdictions.

OIR Group has unrivalled experience in the review and assessment of all aspects of law enforcement organizations and operations, including critical and use of force incidents, bias-based police practices, citizen complaints, and other allegations of officer misconduct. As a group we have reviewed over 700 officer-involved shootings and incustody deaths, as well as countless lower-level uses of force, for at least 30 law enforcement agencies. And our familiarity with the complaint and administrative discipline process is as extensive.
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We understand all aspects of the systems, policies, and investigative practices that make for effective and responsive law enforcement. We know – and have contributed to – the evolving standards for accountability and public engagement that have animated recent police reform efforts throughout the state and country. And, through our experience in conducting administrative investigations for police agencies on several occasions (including current projects in Santa Rosa, Vallejo, and San Leandro, California), we have developed a first-hand knowledge of the mechanics of investigations under state law and best practice.

OIR Group also regularly performs broader systemic audits of critical police functions.

Those have included reviews of recruiting, hiring, promotional process, training, performance evaluations, and risk management processes. Each audit and the ensuing recommendations are aimed at improving law enforcement performance. In 2020, we published a lengthy report evaluating the operations, policies, review systems, and culture of the Vallejo Police Department. And, in 2021, we published reports for the Cities of Santa Monica, Santa Rosa, Iowa City (IA), and Kalamazoo (MI) that addressed controversial responses to civil unrest during last summer’s nationwide reaction to the murder of George Floyd. We have also completed an extensive review of the Santa Clara County Sheriff’s Office’s and Davis Police Department’s policies through the lens of the “Eight Can’t Wait” reform initiative that was popularized by activists in the aftermath of Mr. Floyd’s death.

Importantly, we also have a long record of communicating effectively with police agencies themselves in the development and implementation of reforms. As auditors, we bring important elements of outside scrutiny, independence, and perspective to law enforcement review processes. But we recognize that our insights are not an end in themselves; instead, they will ideally and ultimately serve to enhance the agency’s actual performance, in terms of the quality of its self-scrutiny and its responsiveness to public priorities and concerns.

We work to achieve this dynamic in a variety of ways. Through candid dialogue and a willingness to listen and learn, we have convinced a number of different agencies that our criticisms are fair, and our reform suggestions are sincere and constructive. This has facilitated the agency’s acceptance and implementation of our ideas – thus helping to ensure that the changes will have a concrete and positive influence. #16..
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Qualifications & Background of the Firm
Summary of Experience
OIR Group has a wide range of public agency experience, including work in jurisdictions of similar size and make-up as the City of Modesto.

The range and scope of our work in the last two decades is reflected below. Each project described below was led by Mr. Gennaco and staffed by one or more of the team members listed in the personnel section of this RFP. Each project is directly related to the scope of work outlined in this RFP as follows:
 Santa Clara County Sheriff’s Office: OIR Group staffs OCLEM, the Office of Correction and Law Enforcement Monitoring. This office provides independent monitoring of the County’s corrections and law enforcement functions.  Los Angeles County Sheriff’s Department: Independent oversight to all allegations of police misconduct and uses of force, including officer-involved shootings and in-custody deaths.
 San Diego Sheriff’s Department: Use of force and officer-involved shooting review.
 Denver County Sheriff’s Department: Review the use of force functions and the internal affairs functions of its Sheriff’s Department. Serve as monitor for training as a result of an in-custody death.
 City of Portland, Oregon: Reports examining and critiquing the way in which the Portland Police Bureau investigates and reviews critical incidents, including officer-involved shootings and in-custody deaths.
 Oakland, Burbank, Torrance, Lompoc, Inglewood, Hermosa Beach, Santa Ana, Santa Maria, Oxnard, and Pasadena Police Departments: Reviews, audits, and assessments of officer-involved shootings, critical incidents and other uses of force.
 Anaheim, Davis, Eureka, West Sacramento, Santa Rosa, Santa Cruz, Las Cruces (NM) and Palo Alto Police Departments: Independent Police Auditor including monitoring of officer-involved shootings, use of force, citizen complaints, and internal affairs. In the City of Anaheim, one of our roles is to #16..
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serve as a liaison to the "Police Review Board," a panel of residents who provide their own input to the Police Department regarding matters of policy, practice, and training.
 California Department of Juvenile Justice: Worked with special master to review how use of force against wards were investigated and reviewed.  California Department of Corrections and Rehabilitation: Appointed court expert by Hon. Thelton Henderson and worked with special master to revise use of force policies for state-wide prison system.

As required by the RFP, our specific references are listed in List of Client References, below.

Requirements: Scope of Work
Since 2001, OIR Group’s members have had unique outsider access to a full range of internal review processes for a number of police agencies. This includes countless Internal Affairs investigations into officer misconduct, hundreds of critical incident reviews (including officer-involved shootings and in-custody deaths), and a myriad of supervisory force assessments. We have seen firsthand the way that different agencies perform such important functions with greater or lesser effectiveness. We recognize the principles of sound, thorough investigation and its importance to appropriate accountability. Our accumulated knowledge includes a deep understanding of law enforcement policy and procedure, the evolving legal standards for use of force, and the investigative framework established by the Peace Officer Bill of Rights, which governs the administrative discipline process.

Our ability to stand in the shoes of the public and introduce that point of view has helped us recommend approaches to the citizen complaint process that heighten accessibility, objectivity, and trust. And our emphasis on holistic review – which goes beyond “bottom line” questions of performance and instead looks for any and all opportunities for improvement – has shaped the approach of multiple agencies when it comes to the evaluation of force incidents and other critical encounters.

Here, we detail our specific experience and technical approach for each component of the scope of work as outlined in Sections 2 through 7 of the RFP. #16..
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2. Audit & Review Administrative Investigations and Citizen Complaints We bring extensive experience to assessment of police internal review systems. In fact, a significant portion of our emphasis over the years has been on helping agencies achieve more effective approaches to their own investigations and after-action processes. By making recommendations for the enhancement of internal reviews, our influence extends beyond individual cases and contributes to broader systemic improvement.

Further, substantive work in community complaints has always been central to our practice. Collectively, we have reviewed well over a thousand complaint investigation files, with focus on each of the following issues:
 Scope of review: Has the agency framed the allegations fully and appropriately, and assigned investigative resources accordingly?
 Effectiveness of investigations: What is the quality of the evidence-gathering in terms of timeliness, completeness and objectivity, and have interviews of witnesses and subjects corresponded to best practices?
 Legitimacy of outcomes: Was the evidence assessed by decision-makers with appropriate rigor, objectivity, and fairness; and have individual subjects been treated in a manner consistent with each other and agency standards?  Approaches to remediation: Do the corrective measures, if any, correspond to the goals of the process in terms of correcting behavior and preserving agency priorities and public trust?
 Commitment to holistic improvement: Has the agency responded effectively to relevant issues beyond formal accountability, such as counseling, training, or policy revision?
OIR Group has also looked at the “public side” of the complaint process, with an eye toward promoting access, trust, and effective communication at various stages.

Moreover, we have facilitated intake of complaints from the public in our work as Independent Police Auditor for the cities of Anaheim, Eureka, Santa Rosa, Davis, Santa Cruz, and Palo Alto. Part of our role has also included receiving real time updates on ongoing investigations for monitoring and reporting purposes; this helps not only with transparency but also in promoting due diligence and effectiveness within the investigations themselves.
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3. Administrative, Citizen Complaint, and Use of Force Investigation Annual Audit
Our annual reviews in cities such as Burbank, Santa Rosa, Vallejo, and Anaheim follow the audit scope proposed by the City of Modesto. Our reports featured collective assessments of trends in complaint and investigation processes. For example, we have written about allegations of racial bias, looking for common features and learning opportunities even when the underlying violation is not sustained. And we emphasize the importance of consistency in the remediation of misconduct when its existence has been established by the facts of the investigation.

Our approach to this portion of the scope of work is to evaluate the effectiveness of the Department’s systems through audit and evaluation to assess if the systems produce holistic, timely, and fair outcomes. We interact with Department leadership and/or their designees to establish the selection of cases: these include officer-involved shootings, in-custody deaths, other uses of force, administrative investigations, and public complaints. The combination of random samples in some categories and the automatic inclusion for certain identified matters of significance (such as allegations involving supervisors) will help ensure that the materials being reviewed are appropriately representative.1
In our combined years of law enforcement oversight experience, we have developed valuable perspective regarding law enforcement best practices as they apply to policy, procedure, and training. This has two components: the substantive operational issues themselves (including policy, tactics, supervision, community relations, and principles of de-escalation) and the different internal review mechanisms by which the most effective agencies scrutinize their own performance.

Regarding police operations, we combine years of full-time immersion in the field with the critical distance that comes from being independent observers. We have gained important insights from studying practices in multiple jurisdictions and seeing the reforms and evolutions that have occurred over time. We have also benefitted from our longtime affiliation with the National Association for the Civilian Oversight of Law Enforcement, and the network of research and ideas that NACOLE provides. All of this background prepares us to offer useful oversight across a range of operational issues. 1 We are also Axon licensees for “Evidence.com,” which we have found greatly facilitates our ability to review body-worn camera recordings and other materials with efficiency and minimum inconvenience to the police agency being reviewed.
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We have also performed evaluations in other operational areas such as hiring and promotions, performance evaluations, transparency, and community engagement. For example, our lengthy, in-depth assessment of the Madison (WI) Police Department, completed in 2018, touched on every aspect of that organization from recruitment to discipline, policy to community outreach. It resulted in well over a hundred recommendations, most of which the Department went on to adopt. In short, our understanding of policing operations facilitates our ability to know what to ask for, how best to get it, and what to make of it in terms of conducting a meaningful evaluation in the listed areas.

Finally, our team has engaged in every component of the Internal Affairs process listed in the scope of work:
 Conducted assessments of excessive force complaints, both in real-time or upon completion by a law enforcement agency; we evaluate these cases both for appropriate disciplinary outcomes (when warranted) and with an eye to preventing excessive force in the future, by examining deputy training, supervisory response, the type of force used, and de-escalation attempts.

For example, after several high profile in-custody deaths and significant uses of force, the City and County of Denver asked us to review the use of force functions and the internal affairs functions of its Sheriff’s Department. That review culminated in a public report in which we explored the Department’s early identification system, databases, crisis intervention training, supervisory responsibility, and discipline consistency. We served as expert consultants for the California Attorney General’s Office in its investigation of use of force and other issues within the Stockton Unified School District, participating in the initial review and offering specific findings and recommendations.  Reviewed hundreds of internal allegations of misconduct, ranging from Department-wide misconduct, such as allegations of highly inappropriate text messages for the City of Eureka, to lower-level misconduct, such as failures to appear in court or activate body-worn cameras for the City of Las Cruces (NM).  Attended and participated in interviews, both of sworn personnel and civilians, across various jurisdictions, including but not limited to the Cities of Santa Rosa and Boulder (CO).
 Taken on an investigative role when necessary to address conflicts with the agency regarding its handling of particular cases or allegations. Our team has direct experience conducting investigations as needed in full compliance with the Peace Officer Bill of Rights.
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 Consulted with city and county officials when additional investigation was needed.
 Monitored compliance with both SB 1421 and SB 2.

4. Officer-Involved Shootings & In-Custody Deaths
As Independent Police Auditors for several jurisdictions, OIR Group regularly receives notice when a critical incident occurs in the jurisdictions we serve. We have a great deal of experience in evaluating – and helping to shape – the administrative response to these matters. In fact, we collaborated with the City of Anaheim in developing its current protocol for responding to major incidents. Anaheim’s approach has multiple phases that evolve from the evaluation of immediate concerns to the eventual assessment of individual accountability and department-wide learning opportunities.

OIR Group contributes both to the framing of investigative issues and the development of responsive action items as they arise.

For example, our working relationship with the City of Portland, Oregon, commenced with the City when we were asked to review an in-custody death of a man in mental health crisis. Since that time, the City has engaged us to prepare a series of reports examining and critiquing the way in which the Portland Police Bureau investigates and reviews critical incidents, including officer-involved shootings and in-custody deaths.

The reports we have prepared have explored issues of bias-based policing, dealing with individuals in mental or drug-influenced crisis, providing prompt medical treatment to persons injured by police bullets, and the negative implications for use of the term “suicide by cop.”
Similarly, in Santa Clara County, OIR Group (staffing OCLEM, the Office of Correction and Law Enforcement Monitoring) regularly interacts with the both the Sheriff’s Office and the County’s Custody Health Services Department in examining issues surrounding inmate deaths. We receive notice of all in-custody deaths and are regular attendees of the root cause analysis meetings convened after any inmate death. We issued a report to the Board of Supervisors in 2021 regarding our review of the County’s processes for evaluating these events with an eye toward identifying and implementing strategies to prevent future similar incidents.

We have also been involved in the review, audits, and assessments of officer-involved shootings, critical incidents and other uses of force in numerous other law enforcement agencies, including the Santa Clara, San Diego and Orange County Sheriff’s Departments and the Gardena, Lompoc, Torrance, Inglewood, Santa Maria, Oxnard, Fullerton, Hermosa Beach, Santa Ana, Oakland, and Pasadena (CA) Police Departments.
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5. Access to Information
As the Independent Police Monitor or Auditor for various jurisdictions, OIR Group has access to police department information systems. As a regular practice, OIR Group members:
 Participate virtually in interviews when requested, appropriate and necessary  Receive complaints from the public directly via one of four mechanisms: mail, website, email, and telephone
 Are appraised of complaint cases as they are initiated  Track case progress within agency systems, such as IAPro, BlueTeam, and Axon Standards
 Track case load, investigations, and on-going audits within our internal project management systems
 Review body-worn camera and In-Car Camera footage on Axon, Watchguard, or other system
 Receive notifications via text message or email regarding critical incidents, typically followed by a briefing

6. Community Police Review Board
We work closely with City and County civilian review boards, commissions, or other entities, including providing extensive training to incoming members and facilitating effective communication between the agency and its entity. We have done this work for the cities of Anaheim, Davis, Santa Monica, and Boulder (CO), among others.

One of the important ways in which our role has expanded in recent years is with regard to new oversight entities that are designed to add community perspective to the ways in which jurisdictions ensure accountability for local law enforcement. Our work in Anaheim, California is especially relevant in this regard. That city has established a Police Review Board comprised of residents from throughout Anaheim's various neighborhoods. It holds monthly meetings that include both public sessions and confidential briefings relating to critical incidents and other topics of interest. And it issues an annual report that includes recommendations for the Police Department regarding issues that have emerged during the year.

We appreciate the ways in which the Anaheim model bolsters oversight by combining the access and subject-matter expertise of professional monitors with the lived experience and priorities of the actual community members whom the Department serves. In the years since the current version of the Police Review Board started its work, both the Board and our internal team have benefitted from combining our #16..
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respective strengths. Accordingly, we are both confident and enthusiastic about our prospects for integrating effectively with Modesto's new CPRB.

7. Reports
Serving as an independent liaison between the public and the law enforcement agencies we monitor has been a component of virtually every project we have undertaken. Our goal is to use our combination of subject matter expertise and critical distance as a way of bridging gaps in communication and understanding.

Over our 17-plus years of independent auditing, OIR Group has extensive experience with community outreach and public reporting, and we consider it to be not only a prominent feature of our collective resume but also a centerpiece of our operational philosophy.

We have extensive experience in reporting and engagement. We have found that the process of preparing reports is an excellent opportunity to engage with police agencies as to both issues and opportunities for improvement. Our interest in fairness and accuracy – rather than “gotcha” moments that draw attention to ourselves without advancing police effectiveness – has contributed to the constructive dialogue we are generally able to establish and result in public reporting that is accurate and incisive.

OIR Group has also regularly presented its findings to elected bodies and their communities throughout the nation. As part of its core function, it has also fielded questions raised by its reporting and recommendations. Over our 19-plus years of independent auditing, we have issued numerous public reports to city managers and elected officials and their communities in numerous settings.

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Professional Fees & Estimated Expenses
We will work with the City, MPD, CPRB, and other stakeholders to establish the priorities within this scope of work and tailor our hours accordingly to meet expectations.

The OIR Group team has provided remote project delivery for over 17 years, a delivery system that we perfected during the pandemic. We anticipate that the majority of our work will be undertaken remotely and virtually. Though physically based in southern California, we are accustomed to carrying out our responsibilities flexibly and efficiently in other parts of the state and country, as evidenced by our current auditor assignments in Palo Alto, Davis, Santa Cruz, Vallejo, Las Cruces (NM), and Portland (OR).

We firmly believe that, in addition to being very effective in this post-pandemic world, remote project delivery saves clients environmental and financial costs. This is of particular concern to us as we strive to minimize our carbon footprint. We anticipate performing some percentage of our work in the City of Modesto, particularly at the onset of the project. And we are certainly willing and able to respond in person and on short notice in the aftermath of a critical incident or other matter of special community concern.

Billing Rate and Hours
OIR Group proposes billing rates of $250/hour. OIR Group agrees to a “do not exceed” total expense of $85,000 per year for the duration of this contract.

Direct Costs
Direct Costs will be limited to the hours spent on assignments as set out in the statement of work or otherwise determined by the City, MPD, CPRB, and other stakeholders.

Indirect Costs
Indirect Costs will be limited to any necessary travel and lodging as a result of on-site work. Travel expenses will be consistent with the City of Modesto’s regulations. #16..
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Principal Staff
Staffing Outline
OIR Group has various principal members who each work as independent subcontractors in performing a range of police review functions, and who coordinate OIR Group operations through Mr. Gennaco. We have also cultivated a number of relationships over the years with subject matter experts of various kinds, and our model allows us to affiliate with them on an as-needed basis; our associations with these other highly qualified professionals constitute a resource that could potentially enhance a specific element of our performance in Modesto.

OIR Group brings a wealth of relevant experience to this project. We have designated five members to perform the City’s scope of services. Stephen Connolly will be OIR Group’s primary liaison with the City for this project, and will be assisted by Julie Ruhlin, Samara Marion, and Teresa Magula. Michael Gennaco will act as a strategic advisor for this project. OIR Group also has relationships with numerous Subject Matter Experts who may be brought in as needed on specific cases.

We present our detailed organization chart and narratives of each member’s credentials. These personnel are committed for the duration of the contract term.

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OIR Group Organizational Chart

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Stephen Connolly
Project Director
Julie Ruhlin
Police Auditor
Teresa Magula
Police Auditor
Samara Marion
Police Auditor
Michael Gennaco
Strategic Advisor
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Stephen Connolly
Stephen Connolly is a Principal of OIR Group, an attorney, and a longtime practitioner in the police oversight field. His experience dates back to 2001, when he served as an original member of Los Angeles County’s Office of Independent Review; in that role, he monitored hundreds of internal investigations and disciplinary determinations involving the Los Angeles County Sheriff’s Department. He was also the first Executive Director of the Orange County Office of Independent Review from 2008 to 2016. His two decades of work with law enforcement agencies throughout California and in several other states have taken a variety of forms, including real-time monitoring, investigation, auditing, policy review, and extensive public outreach and reporting.

For several years he has also provided training to law enforcement on a variety of subjects related to supervision, risk management, and effective internal review.

Certified as an instructor by California’s Commission on Peace Officer Standards and Training (“POST”), he teaches several mandatory training blocks each year to lieutenant-level police managers from throughout the state.

Mr. Connolly is currently serving as one of the Independent Police Auditors in the California cities of Palo Alto, Santa Rosa, Anaheim, and Davis. He is also part of the court-appointed monitoring team that is overseeing implementation of multiple police reforms in the Stockton Unified School District.

He graduated from Holy Cross College and Loyola Law School.  Principal of OIR Group
 With OIR since 2001
 Licensed attorney

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Michael Gennaco
Michael Gennaco served from 2001 to 2014 as the Chief Attorney of Los Angeles County’s Office of Independent Review and is a founding member of OIR Group. He graduated from Dartmouth College and Stanford Law School. Before joining OIR, Mr.

Gennaco was Chief of the Civil Rights Section at the United States Attorney’s Office for the Central District of California. He also served for ten years as a trial attorney with the Civil Rights Division at the Justice Department in Washington, D.C., first with the Voting Section and then with the Criminal Section.

While at the Civil Rights Division and the United States Attorney’s Office, Mr. Gennaco supervised over 20 federal grand jury investigations into police misconduct, most of them involving force and in-custody death investigations. He also conducted a number of successful civil rights prosecutions against police officers for excessive force, including officers of the Los Angeles Police Department, the Los Angeles Sheriff’s Department, and federal immigration detention officers. In addition, Mr. Gennaco conducted hate crime prosecutions, including the prosecution of Buford Furrow, a white supremacist who killed a Filipino-American postal carrier and grievously shot children at the Jewish Community Center in Los Angeles, and prosecuted human traffickers, such as the eight individuals responsible for enslaving seventy Thai workers for years in El Monte, California. Mr. Gennaco received high recognition for his work including the esteemed Attorney General’s award.

As an oversight practitioner, Mr. Gennaco has performed, with the assistance of OIR Group attorneys, a number of monitoring tasks, audits and reviews for a federal judge, special masters, and other governmental entities. He is a recognized expert in law enforcement reform and accountability systems and regularly teaches Constitutional policing classes sponsored by the State of California’s Commission on Peace Officer Standards and Training.

Under Mr. Gennaco’s leadership, OIR Group has become a valuable resource for numerous California cities grappling with officer-involved shootings and other critical incidents in an effort to bridge the gap between the police and the communities they serve and to utilize those incidents as learning tools. Upon request, Mr. Gennaco submitted testimony to the President’s 21st Century Task Force on Policing.

Mr. Gennaco’s knowledge of best practices and his longstanding commitments to police accountability are hallmarks of a distinguished career. In keeping with his accomplishments and reputation, he was honored in 2011 by the National Association #16..
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for the Civilian Oversight of Law Enforcement (“NACOLE”) as recipient of its highest recognition: the Flame award for outstanding contributions to the field.  Principal and founder of OIR Group
 With OIR since 2001
 Licensed attorney
 Educational background: BA: Dartmouth College, JD: Stanford Law School

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Julie Ruhlin
Julie Ruhlin is a Principal of OIR Group. From 2011 to 2014, Ms. Ruhlin served as Deputy Chief for the Office of Independent Review in Los Angeles County. In addition to her regular responsibilities monitoring internal affairs and critical incident investigations at the Sheriff’s Department and making independent recommendations regarding disciplinary determinations, she worked closely with the Training Bureau, preparing a special report to the Board on issues surrounding the Department’s Training Academy. She also focused on issues within the County’s jails, including the investigation and review of inmate suicides and other deaths in custody, and worked with Department leaders to develop a mechanism for executive-level review of uses of force within the jails. Ms. Ruhlin recently worked with Mr. Gennaco to prepare a report examining the Internal Affairs functions of the Denver Sheriff’s Department.

Ms. Ruhlin joined OIR in 2006 after working with Merrick Bobb at the Police Assessment Resource Center in Los Angeles, where she was responsible for investigating and drafting special reports to the County Board of Supervisors regarding policy and training deficiencies within the Sheriff’s Department. Prior to working with PARC, her private law practice focused on civil rights and criminal defense. She graduated from American University and the University of Southern California School of Law.
 Principal of OIR Group
 With OIR since 2006
 Licensed attorney
 Educational background: BA: American University, JD: USC Law School  Experience in Auditing and Oversight: 15 years
 Work history
o Independent Police Auditor for Cities of Anaheim, Davis, and Portland (Oregon)
o Independent reviews of over 20 law enforcement jurisdictions o Independent investigations for Merced County Sheriff’s Department #16..
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Samara Marion
Samara Marion is an attorney and former Director of Policy for the San Francisco Department of Police Accountability (DPA), a civilian-run agency that investigates misconduct complaints involving the San Francisco Police Department. During her two decades of work at DPA, Ms. Marion wrote and negotiated new SFPD police procedures on a variety of topics including use of force, officer-involved shootings, biasfree policing, language access, domestic violence, juvenile policing protocols and children of arrested parents.

Before joining the DPA, Samara Marion was a Santa Cruz County public defender for fifteen years where she represented indigent clients at the trial and appellate level in juvenile, adult, and capital cases. She has also taught at Santa Clara University School of Law and Stanford Law School. She received her J.D. from University of California, Davis, a J.S.M from Stanford University, and a B.A. from University of California, Santa Cruz.
 Member of OIR Group
 With OIR since 2020
 Current resident of Santa Cruz and Independent Police Auditor for City of Santa Cruz
 Possesses all necessary qualifications to perform auditing functions as set out in Statement of Work; will work under the direction of OIR Group leadership
 Attorney with over two decades of work in law enforcement oversight

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Teresa Magula
Teresa Magula is a member of OIR Group and a former Special Investigator for the Los Angeles Police Department’s Office of Inspector General responsible for investigating of misconduct allegations. She is an expert on use of force policy and the response to high-profile, large-scale events. Most relevant, Ms. Magula was the lead investigator in the OIG’s review of the events of the 2001 “May Day” incident in MacArthur Park; in this capacity, she collected and evaluated event data from various sources, such as surveillance and body worn camera footage, radio communications and media stories, interviewed stakeholders, victims, and involved officers, and attended community meetings.

Ms. Magula has a broad range of experience, including as a Senior Consultant with Deloitte Consulting, LLP where she specialized in data system implementation, audits, and reviews. Ms. Magula served on the Los Angeles Mayor’s Performance Management Unit, where she was the liaison between City public safety agencies and the Mayor’s Office and worked with the Santa Monica Commission on the Status of Women and Girls. She received a master’s degree in Public Policy from UCLA’s Luskin School and has expertise in database management and statistical analysis. She also is a native Spanish speaker.
 Member of OIR Group
 With OIR since 2017
 Possesses all necessary qualifications to perform auditing functions  Educational background: BA: UCLA; Master of Public Policy: UCLA School of Public Affairs
 Work history
o Independent reviews of West Sacramento, Las Cruces, Santa Ana, Burbank and Davis Police Departments
o Reviews of large-scale civil unrest for various jurisdictions o Monitor for Stockton Unified School District Department of Public Safety
o Investigation of critical incidents, use of force cases, and misconduct allegations for the LAPD Office of Inspector General
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List of Client References

1. City of Santa Rosa
Independent Police Auditor
Started: 2021 and continuing
City Contact:

Marekeshia Smith
City Manager
[email protected]
707-543-3020

2. City of Burbank
Independent Police Auditor
Started: 2010 and continuing
City Contact:

Justin Hess
City Manager
[email protected]
707-543-3020

3. City of Davis
Independent Police Auditor
Started: 2018 and continuing
City Contact:

Kelly Stachowicz
Assistant City Manager
[email protected]
530-757-5602

4. City of Anaheim
Independent Police Auditor
Started: 2012 and continuing
City Contact:

Lylyana Bogdanovich
Senior Administrative Analyst
City Manager's Office
[email protected]
714-765-4925
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5. City of Boulder (CO)
Interim Independent Police Monitor
Started: 2023 and continuing
City Contact:

Aimee Kane
Equity Officer
[email protected]
720-315-4933

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CITY OF MODESTO

COUNCIL AGENDA REPORT
DATE OF MEETING:

May 23, 2023
Date: April 21, 2023
TO: Mayor and City Council
THROUGH: Joseph P. Lopez, City Manager
FROM: Jessica Hill, Interim Director of Community and Economic Development SUBJECT: Amendment to Planned Development (P-D 487), property located on Chicago Avenue west of Jeelu Way.

CONTACT: Edwin Borquez, Assistant Planner, [email protected] , 209-577-5267.

DESCRIPTION:

Hearing to consider approving an Amendment to Planned Development Zone P-D (487) to allow one- or two- story residential dwelling units, property located on Chicago Avenue west of Jeelu Way. (Funds: Developer Funded)
STRATEGIC PLAN ELEMENT:

This action is consistent with Strategic Plan Goal E: Drive Economic Vitality.

BACKGROUND:

The 1.61 gross acre property, consisting of two (2) parcels was rezoned from Low-Density Residential (R-1) to Planned Development Zone, P-D (487), on November 26, 1991, by City Council Resolution No. 1991-701 and Ordinance No. 2795-C.S., allowing for elderly housing, with an approved development plan. The General Plan designation is R (Residential).

The approved development plan required the entire construction to be completed no later than October 7, 1994. However, the project was never completed, and the original development plan has since expired.

On July 25, 2022, Noe Gonzalez applied for an amendment to the Planned Development Zone, to allow for one- or two-story residential dwelling units. With the application was an application for a Vesting Tentative Subdivision Map to divide a 1.26-acre portion of the Planned Development Zone into seven (7) residential lots.

On April 3, 2023, the Planning Commission approved the proposed tentative subdivision map and recommended approval of the amendment to Planned Development Zone P-D (487).

DISCUSSION:
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City Council, May 23, 23
Amendment to Planned Development (P-D 487), property located on Chicago Avenue west of Jeelu Way Page 2 of 5
Project: Planned Development zone P-D (487) is comprised of two (2) parcels: one with an existing single-family dwelling, and the other with three (3) single family dwellings. The parcel with three (3) dwellings is to be divided with the approved tentative subdivision map into seven (7) lots, contingent upon City Council approval of the Planned Development Zone amendment and its associated development plan. The current allowed uses are elderly housing, and the amendment would allow for one- or two-story residential development for all ages, instead of limiting development to residential dwellings for elderly.

Jeelu Way: As part of the development, Jeelu
Way will be extended and constructed to City
Figure 1: Project Site
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City Council, May 23, 23
Amendment to Planned Development (P-D 487), property located on Chicago Avenue west of Jeelu Way Page 3 of 5
standards for pavement and curb, gutter, sidewalk, and storm water collection. The extension of the street will be dedicated to the City of Modesto.

Modesto Irrigation District Facilities: The Modesto Irrigation District (MID) maintains a 36-inch wide irrigation pipeline in the area, known as “Briggs Ditch” or the “Briggs Pipeline”. To protect the irrigation line, both the new development plan and Tentative Subdivision Map will delineate a 20-foot wide irrigation easement along the northern boundary of the site, and a 15-foot wide irrigation easement along the western boundary of the site. The easement will be dedicated to MID by separate instrument and be noted on the Final Map at the time of recordation of the Map. In addition, a 70-foot wide section under the right-of-way of Jeelu Way will be replaced by the developer with a reinforced concrete pipeline that meets MID’s current pipeline strength loading requirements.

Modesto Irrigation District Condition Changes: After the April 3, 2023 Planning Commission hearing discussions with MID and the applicant, the Planning Commission has allowed two conditions of approval that were in the Planning Commission resolution recommending approval of the development plan to be removed, and the modification of a third condition of approval.

Therefore, with agreement between the applicant and MID, conditions 17 and 18 as follows are no longer required:

17. The existing control box located at the northwest property line of APN: 030-019-027 must be replaced per MID standard detail C 10.

18. A pressure manhole must be installed per MID standard detail C 20 and located at the southwest property line of APN: 030-019-027.

And, Condition No.19 is being modified to read as follows:

19. A pressure manhole or control box shall be installed per MID standards at the south end of the replaced 70-foot segment of the Briggs Irrigation Pipeline, to the satisfaction of the utility company and the City Engineer.

The removal of and/or changes to these conditions do not have any impact on City requirements; therefore, staff has no issue with these changes.
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City Council, May 23, 23
Amendment to Planned Development (P-D 487), property located on Chicago Avenue west of Jeelu Way Page 4 of 5
FISCAL IMPACT:

Entitlement fees have been paid by the project applicant in accordance with the fee schedule adopted by City Council. Development impact fees will be paid by the applicant prior to building permit issuance.

COMMITTEE RECOMMENDATION:

This item was heard by the Planning Commission at their April 3, 2023, hearing, and recommended approval of the amendment of the Planned Development Zone.

CEQA/NEPA REQUIREMENTS:

Staff has prepared an Initial Study, Environmental Checklist No. EA 2022-21 (included in the Council packet), which concludes that the project is within the scope of the General Plan Master EIR (SCH No. 2014042081), and that pursuant to Section 21157.1(b) of the CEQA Guidelines, no new environmental review is required.

RECOMMENDED COUNCIL ACTION:

Staff Recommendations:

Motion introducing and waiving the first reading of an Ordinance to amend Planned Development Zone, P-D (487), property located on Chicago Avenue west of Jeelu Way.

Resolution approving a development plan for Planned Development Zone, P-D (487).

Resolution finding that the following subsequent project is within the scope of the project covered by the Modesto Urban Area General Plan Master Environmental Impact Report (SCH No.

Figure 2: Site Plan
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City Council, May 23, 23
Amendment to Planned Development (P-D 487), property located on Chicago Avenue west of Jeelu Way Page 5 of 5
2014042081): Amendment to P-D (487) to allow one- or two-story residential dwelling units, property located on Chicago Avenue west of Jeelu Way.

Approved by:

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

1. Ordinance

2. Resolution approving a Development Plan

3. Resolution for Finding of Conformance to GPMEIR

4. Planning Commission Resolution No. 2023-10, April 3, 2023

5. Planning Commission Minutes, April 3, 2023

6. Planning Commission Agenda Report, April 3, 2023

7. Planning Commission Pertinent Parties List, April 3, 2023

8. Initial Study EA/C&ED 2022-021

9. Financial Interest Disclosure Form
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–1–
ORDINANCE NO. -C.S.

ORDINANCE AMENDING SECTION 2 OF ORDINANCE NO.
2795-C.S. ENTITLED “AN ORDINANCE AMENDING
SECTION MAP 31-3-9 OF THE ZONING MAP TO REZONE
FROM LOW DENSITY RESIDENTIAL ZONE, R-1, TO
PLANNED DEVELOPMT ZONE, P-D(487), PROPERTY

LOCATED ON THE NORTH SIDE OF CHICAGO AVENUE

BETWEEN FRANKETTE AND FLOREETTE AVENUES WEST
OF PARADISE ROAD (MATTHEWS/FABIAN)”
The Council of the City of Modesto does ordain as follows:

SECTION 1. AMENDMENT OF ORDINANCE 2795-C.S. Section 2 of Ordinance 2795-C.S. is hereby amended to read as follows:
“SECTION 2 USES. The following uses shall be permitted in said P-D(487) Zone, if the plan for construction conforms in principle to the approved plan, or if changes are approved by the Secretary of the Planning Commission as required by Section 10-7.108(c) of the Modesto Municipal Code, or by the Planning Commission if any changes not conforming in principle to the approved plan are proposed, as required by Section 10-7.108(a) and (b) of the Modesto Municipal Code:

1. One- or two- story residential dwelling units.”
All other Sections of Ordinance 2795-C.S. shall remain unchanged.

SECTION 2. EFFECTIVE DATE. This ordinance shall go into effect and be in full force and operation from and after thirty (30) days after its final passage and adoption.

SECTION 3. PUBLICATION. At least two (2) days prior to its final adoption, copies of this ordinance shall be posted in at least three (3) prominent and distinct location in the City; and a notice shall be published one in The Modesto Bee, the official newspaper of the City #17..
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–2–
of Modesto, setting forth the title of this ordinance, the date of its introduction and the places where this ordinance is posted.

The foregoing ordinance was introduced at a regular meeting of the Council of the City of Modesto held on the 23rd day of May, 2023, by Councilmember , who moved its introduction and passage to print, which motion being duly seconded by Councilmember , was upon roll call carried and ordered printed and published by the following vote:

AYES:Councilmembers:

NOES:Councilmembers:

ABSENT: Councilmembers:

APPROVED:

SUE ZWAHLEN, Mayor
ATTEST:

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

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

By: __________________________________________________
Community & Economic Development
Department, Planning Division
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FINAL ADOPTION CLAUSE
The foregoing ordinance, having been published as required by the Charter of the City of Modesto, and coming on for final consideration at the regular meeting of the Council of the City of Modesto held on the __________, Councilmember ______________moved its final adoption, which motion being duly seconded by Councilmember ________________, was upon roll call carried and the ordinance adopted by the following vote:

AYES: Councilmembers:

NOES: Councilmembers:

ABSENT: Councilmembers:

APPROVED:

SUE ZWAHLEN, Mayor
ATTEST: ____________________________
DIANE NAYARES-PEREZ, City Clerk
Effective Date: _________________, 2023
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05/23/2023/CED/EBorquez/Item XX 1 2023-XX

MODESTO CITY COUNCIL
RESOLUTION NO. 2023-

RESOLUTION APPROVING A DEVELOPMENT PLAN FOR PLANNED
DEVELOPMENT ZONE, P-D (487)
WHEREAS, on November 26, 1991 by Ordinance No. 2795-C.S. and Resolution No. 91-701 the Modesto City Council adopted Planned Development Zone P-D (487) to allow for elderly housing on property located on the north side of Chicago Avenue west of Jeelu Way; and
WHEREAS, a verified application for an amendment to Planned Development Zone, P-D (487), was filed by Noe Gonzalez on July 25, 2022, to allow one- or two-story residential dwelling units, on property located on the north side of Chicago Avenue west of Jeelu Way; and
WHEREAS, after a public hearing held on April 3, 2023, in the Tenth Street Place Chambers located at 1010 Tenth Street, Modesto, California, it was found and determined by the Planning Commission, by its Resolution No. 2023-10, that amending Planned Development Zone, P-D (487), as requested will not be detrimental to the public health, safety or welfare because the project will continue the pattern of residential development in the area and will conform to City standards, the requested amendment will result in an orderly planned use of land because the project is infill residential development compatible with adjacent residential uses, and the requested change is in accordance with the community objectives as set forth in the Modesto Urban Area General Plan land use designation of Residential (R) which allows for residential uses; and
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WHEREAS, said matter was set for a public hearing of the City Council to be held on May 23, 2023, in the Tenth Street Place Chambers located at 1010 Tenth Street, Modesto, California, at which date and time said duly noticed public hearing was held; and
WHEREAS, after said public hearing the Council found and determined that the application of Noe Gonzalez for an amendment Planned Development Zone, P-D (487), will not be detrimental to the public health, safety or welfare, will result in an orderly planned use of land, and is in accordance with the community objectives as set forth in the Modesto Urban Area General Plan and any applicable specific plans(s) for the reasons set forth in Planning Commission Resolution No. 2023-10 and quoted above; and WHEREAS, the Council has introduced Ordinance No. -C.S. on the 23rd day of May, 2023, amending Planned Development Zone, P-D (487), to allow one- or two-story residential dwelling units.

NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Modesto as follows:

1. DEVELOPMENT PLAN. The development plan for Planned
Development Zone, P-D (487), is hereby approved subject to the following conditions:

1. All development shall conform to the plot plan and building elevations titled "Bella Vista Village" as amended in red, stamped approved by the Planning Commission on April 3, 2023.

2. Prior to issuance of a site improvement or building permit, any variation from the approved site plan on file with the City must be reviewed and approved by the Director of Community and Economic Development.
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3. All construction documentation shall be coordinated for consistency, including but not limited to, architectural, structural, mechanical, electrical, plumbing, landscape and irrigation, grading, utility and street improvement plans. All such plans shall be consistent with the approved entitlement plans on file with the Planning Department.

4. All existing underground and aboveground utilities, irrigation, and electrical lines shall be protected, relocated, or removed as required by the utility companies and City Engineer or designee. Easements for utilities, irrigation and electrical lines to remain shall be reserved as required. A 10-foot Public Utility Easement (PUE) is required along the Jeelu Way frontages.

5. Any public improvements that are missing damaged or not to current City standards shall be designed per City standards in accordance with City Code (Article 7-1.701), standards and specifications. Such improvements may include, but not be limited to curb & gutter, drive approach, sidewalk, ADA access ramps, fire hydrants and street lights. All public improvement plans shall be designed by a Registered Engineer, reviewed and approved by the City Engineer prior to issuance of an Encroachment or Building permit.

1. Prior to issuance of building permits, improvement plans for required improvements shall be prepared by a Registered Civil Engineer and submitted for approval by the City Engineer or designee.

The improvement plans shall include but not be limited to the following:
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a. Dedication of Jeelu Way to full width with parking on both sides of the street from the east boundary of the tentative subdivision map to the west boundary of the tentative subdivision map.
b. The existing 8-in Jeelu Way water main shall be extended west to serve the proposed four new dwellings per city Standards. c. A fire flow test shall be conducted by Modesto Fire Dept to confirm the City’s Utilities Dept information that there is adequate capacity to serve this proposed development’s fire flow demands.
d. Separate water services are required to serve the proposed creation of parcels #5 ,6, & 7 per City Standards.
e. The City’s existing 6-in sewer system main at the west end of Jeelu Way is too shallow to extend west per current City information. The applicant shall submit sufficient information indicating how the proposed parcels on extension of Jeelu Way will be provided sewer services per City Standards.
f. Separate sewer services are required to serve the proposed creation of parcels #5 ,6, & 7 per City Standards.
g. The proposed project for the extension of Jeelu Way shall submit plans and specifications to show how this new development will manage stormwater runoff for on-site and off-site (ROW) per City Standards and City’s Revised Guidance Manual for Development Stormwater Quality Control Measures, as required.
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h. Applicant shall submit Landscape and Irrigation (L&I) plans for review and approval by the City’s Parks Planning and Development (PPD) Division. L&I plans shall meet the current State of California Model Water Efficient Landscape Ordinance (MWELO) requirements, Modesto Municipal Code (MMC) requirements and City of Modesto standards at time of submittal.
i. Applicant shall install one (1) street tree for every lot along Chicago Avenue and Jeelu Way.

Water:

2. There are existing service connections to this parcel from the 16-inch water main in Chicago Avenue. If new connections or an upgrade to the existing ones are requested, then applicable water connection fees shall be paid and an encroachment permit issued from the City prior to any work being done in the public right of way.

Sewer:

3. There is an existing sewer service connection to the subject parcel from the 8- inch sewer main in Chicago Avenue. If a new or an upgrade to any sewer service connection is requested, then an applicable sewer connection fees shall be paid and an encroachment permit issued from the City, prior to any work being done in the public right of way.

Electrical:

4. High voltage is present within and adjacent to the project area. This includes 12,000 volts overhead primary, 6,900 volts underground primary, and #17..
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overhead and underground secondary facilities. Use extreme caution when operating heavy equipment, using a crane, ladders, scaffolding, handheld tools, or any other type of equipment near the existing MID electric lines and cables. Assume all overhead and underground electric facilities are energized.

5. Existing MID easements for protection of overhead and underground electrical facilities are to remain. Overhead secondary cable is protected by a minimum 20’ wide easement centered on the overhead cable. Overhead primary cable is protected by a minimum 30’ wide easement centered on the overhead cable.

Underground secondary cable is protected by a minimum 5 foot. wide easement centered on the underground cable. Underground primary cable is protected by a minimum 10 foot. wide easement centered on the underground cable.

6. The Electric Engineering Department requires that any trenching or pipe pushing maintain a 1:1 horizontal distance from any existing MID pole or pole anchor. If trenching or pipe pushing will encroach on this depth/distance ratio, the Contractor shall contact the Electric Engineering Design Department to brace any affected poles. The cost of any required pole bracing or guy anchor re-tensioning will be assumed by the Contractor. Estimates for bracing any existing poles will be supplied upon request.

7. The contractor shall verify actual depth and location of all underground utilities prior to start of construction. Notify “Underground Service Alert” (USA) (Toll Free 800-227-2600) before trenching, grading, excavating, drilling, pipe #17..
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pushing, tree planting, post-hole digging, etc. USA will notify all utilities to mark the location of their underground facilities.

Storm Drain:

8. The proposed project is located in an area without City storm drain mains, therefore any storm water generated from this development shall be managed and stored on-site according to the City’s Standard Specifications and current low impact development standards.

Storm water:

9. The proposed project includes significant redevelopment (greater than 5,000 square feet on a previously developed site), and is therefore considered a Priority Project.

10. Prior to the issuance of a Grading, Demolition, or Building Permit, Developer shall submit improvement plans conforming to design requirements of the most current edition of the City of Modesto Guidance Manual for Development, Stormwater Quality Control Measures and the City of Modesto Municipal Code.

11. Prior to the issuance of a Grading, Demolition, or Building Permit, Developer shall submit a plan to integrate Low Impact Development (LID) principles into the project design. The plan shall retain, treat, and infiltrate the first 0.5” of stormwater runoff on site, and incorporate pervious landscape features into the project design wherever possible.

12. Prior to the issuance of a Grading, Demolition, or Building Permit, Developer shall submit a plan to provide permanent, post-construction treatment (grass #17..
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swale, bioretention, vegetative strip, or other approved proprietary device) to remove pollutants from the first 0.5” of stormwater run-off from site.

13. Prior to the issuance of a Grading, Demolition, or Building Permit, Developer shall submit a plan for trash enclosures to be sufficiently elevated to prevent stormwater run-on from parking lot and floor of enclosures shall be graded to drain into adjacent landscape areas.

14. Prior to the issuance of a Grading, Demolition, or Building Permit, Property Owner shall provide a signed and notarized Stormwater Treatment Device Access and Maintenance Agreement to Land Development Engineering, Stormwater for recording.

Irrigation:

15. A pressure manhole or control box shall be installed per MID standards at the south end of the replaced 70-foot segment of the Briggs Irrigation Pipeline, to the satisfaction of the utility company and City Engineer.

16. There may be an existing control box that ties MID’s Briggs Pipeline to the privately-owned pipeline. The existing control box must be replaced with the replacement of the Briggs Pipeline.

17. All privately-owned facilities that will have its alignment changed or relocated must be protected by an irrigation easement dedicated by separate instrument to the downstream landowners that are served by the existing private infrastructure and must be shown on the subdivision map.

18. Should the proposed project impact or otherwise alter existing infrastructure, the pipeline must be upgraded, replaced and/or relocated as required by MID. #17..
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05/23/2023/CED/EBorquez/Item XX 9 2023-XX
All costs associated with design, approval and analysis of relocation shall be at the Developer’s expense.

19. Any MID-owned facility that will have its alignment changed or relocated must be protected by an irrigation easement dedicated by separate instrument to MID and must be shown on the subdivision map. Additionally, access easements may be required to allow MID the ability to access, operate, and maintain its irrigation facilities. The easements shall be required as follows:
 Pipeline – 30 ft centered on pipeline
 Pipelines adjacent to roadways – 20 ft
 Pipelines adjacent to PUE – 15 ft

20. Draft improvement plans must be submitted to MID’s Civil Engineering Department for review and approval prior to the start of any construction. The size, depth, and location of the existing irrigation facilities that lie within the project area must be located and verified in the field and shown on the proposed plans. MID Water Operations staff recommends a pre-consultation meeting to discuss MID irrigation requirements. All work that may impact irrigation facilities must be completed during the non-irrigation season (typically November 1st to March 1st).

General Conditions

21. All department Conditions of Approval for the project shall be included with building plans and shall be continuously maintained on-site during project construction to the satisfaction of the Chief Building Official. #17..
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05/23/2023/CED/EBorquez/Item XX 10 2023-XX

22. All landscaping, fences, and walls shall be maintained and the premises shall be kept free of weeds, trash, and other debris.

23. At the time of issuance of a building permit, the developer shall pay development impact fees at the established rate. Such fees may include but are not limited to, sewer and water connection fees, community facility fees, building permit and plan check fees.

24. Prior to start of construction, all-weather, hard-surfaced roadways shall be constructed and maintained free of obstructions at all times during construction as required by Director of Community and Economic Development.

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

The following conditions are mitigation measures from the Modesto Urban Area General Plan Master EIR that are applicable to the project:

Air Quality:
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05/23/2023/CED/EBorquez/Item XX 11 2023-XX

1. AQ-100. Reduce particulate emissions from construction, grading, excavation, and demolition to the maximum extent feasible in accordance with the requirements of SJVAPCD Regulation VIII. Regulation VIII was adopted to reduce the amount of particulate matter suspended in the atmosphere as a result of emissions generated from anthropogenic (manmade) fugitive dust sources. (Policy VII.H.2.jj)

2. AQ-103. Effectively stabilize dust emissions using water, chemical stabilizer / suppressant, cover with a tarp or other suitable cover or vegetative ground cover, all disturbed areas, including storage piles, which are not being actively utilized for construction purposes. (Policy VII.H.2.mm)

3. AQ-105. Effectively control fugitive dust emissions utilizing application of water or by presoaking all land clearing, grubbing, scraping, excavation, land leveling, grading, cut & fill, and demolition activities. (Policy VII.H.2.oo)

4. AQ-107. When materials are transported off site, cover all materials, or effectively wet them to limit visible dust emissions, and maintain at least six inches of freeboard from top of container. (Policy VII.H.2.qq)

5. AQ-108. Limit operations or expeditiously remove the accumulation of mud or dirt from adjacent public streets at the end of each workday (the use of dry rotary brushes is expressly prohibited except where preceded or accompanied by sufficient wetting to limit the visible dust emissions.) (Use of blower devices is expressly forbidden.) (Policy VII.H.2.rr)

6. AQ-109. Following the addition of materials to, or the removal of materials from, the surface of outdoor storage piles, effectively stabilize said piles for #17..
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fugitive dust emissions utilizing sufficient water or chemical stabilizer / suppressant. (Policy VII.H.2.ss)

7. AQ-110. Within urban areas, immediately remove trackout when it extends 50 or more feet from the site and at the end of each workday. (Policy VII.H.2.tt)

8. AQ-111. Prevent carryout and trackout for any site with 150 or more vehicle trips per day. (Policy VII.H.2.uu)

9. AQ-113. Install sandbags or other erosion control measures to prevent silt runoff to public roadways from sites with a slope greater than one percent (1%). (Policy VII.H.2.ww)

10. AQ-114. Install wheel washers for all exiting trucks, or wash all trucks and equipment leaving the site. (Policy VII.H.2.xx)

11. AQ-115. Install wind breaks at windward side(s) of construction areas. (Policy VII.H.2.yy)

12. AQ-116. Suspend excavation and grading activity when winds exceed 20 mph (regardless of windspeed, an owner/operator must comply with Regulation VIII’s 20 percent opacity limit). (Policy VII.H.2.zz)

13. AQ-117. Limit the area subject to excavation, grading, and other construction activity at any one time. (Policy VII.H.2.aaa)
Noise:

14. Noise-4. Implement noise-reducing construction practices as conditions of approval where substantial construction-related noise impacts would be likely to occur, such as with extended periods of pile driving, or where construction #17..
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05/23/2023/CED/EBorquez/Item XX 13 2023-XX
is expected to continue or where sensitive receptors would be affected by construction noise. Conditions of approval may include, but are not limited to:
a. Require construction equipment, including air compressors and pneumatic equipment to have properly maintained mufflers; b. Require impact tools to be equipped with shrouds or shields; c. Require that the quietest equipment available be used; and, d. Require selection of haul routes that affect the fewest number of people. (Policy VII-G.3.b)

2. DEVELOPMENT SCHEDULE. The following development schedule is hereby approved for said Planned Development Zone, P-D (487):

The entire construction program be accomplished in one phase, construction to begin on or before two (2) years from the adoption of the Planned Development amendment, and completion to be not later than two (2) years from building permit issuance.

3. CHANGES IN DEVELOPMENT PLAN. Any changes in the above approved development plan shall be made in accordance with the provisions of Section 10-7.108 of the Modesto Municipal Code.

4. COMPLIANCE WITH CODE PROVISIONS, ETC. In all other respects said planned development shall be accomplished in accordance with and in strict adherence to the provisions of Article 1 of Chapter 7 of Title 10 of the Modesto Municipal Code relating to Planned Development Zones and other applicable City laws, rules, regulations and procedures.
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05/23/2023/CED/EBorquez/Item XX 14 2023-XX

5. EFFECTIVE DATE. This resolution shall not become effective unless and until the ordinance reclassifying the above-described property to Planned Development Zone, P-D(487), becomes effective.

BE IT FURTHER RESOLVED that the conditions of project approval set forth herein include certain fees, dedication requirements, reservations requirements, and other exactions, and that pursuant to Government Code Section 66020(d)(1), these conditions constitute written notice of a statement of the amount of such fees, and a description of the dedications, reservations, and other exactions.

BE IT FURTHER RESOLVED that the applicant is hereby further notified that the ninety (90) days approval period in which a protest of these fees, dedications, reservations, and other exactions, pursuant to Government Code Section 66020(a) can be filed, begins on Insert date of approval, and that if a protest is not filed within this ninety (90)-day period complying with all of the requirements of Section 66020, the applicant will be legally barred from later challenging such exactions.

The foregoing resolution was introduced at a regular meeting of the Council of the City of Modesto held on the 23rd 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)
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05/23/2023/CED/EBorquez/Item XX 15 2023-XX
APPROVED AS TO FORM:

By: ______________________________________
JOSE M. SANCHEZ, City Attorney

APPROVED AS TO LEGAL DESCRIPTION
By __________________________________________
Community & Economic Development Department
Planning Division
5352762.1
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05/23/2023/CED/EBorquez/Item XX 1 2023-XX

MODESTO CITY COUNCIL
RESOLUTION NO. 2023-

RESOLUTION FINDING THAT THE FOLLOWING SUBSEQUENT PROJECT

IS WITHIN THE SCOPE OF THE PROJECT COVERED BY THE MODESTO

URBAN AREA GENERAL PLAN MASTER ENVIRONMENTAL IMPACT
REPORT (SCH NO. 2014042081): AMENDMENT TO PLANNED
DEVELOPMENT ZONE, P-D (487), TO ALLOW ONE- OR TWO-STORY

RESIDENTIAL DWELLING UNITS
WHEREAS, on March 5, 2019, by Resolution 2019-108, City Council of the City of Modesto certified the Final Master Environmental Impact Report (“Master EIR”) (SCH No. 2014042081) for the Modesto Urban Area General Plan; and WHEREAS, Noe Gonzalez has proposed an amendment to Planned Development Zone, P-D (487), to allow one- or two-story residential dwelling units on property located on Chicago Avenue west of Jeelu Way; and
WHEREAS, pursuant to Section 21157.1 of the Public Resources Code, the City of Modesto’s Community & Economic Development Department prepared an Environmental Assessment Initial Study EA/C&ED 2022-021 (“Initial Study”) which analyzed whether the subsequent project may cause any significant effect on the environment that was not examined in the Master EIR and whether the subsequent project was described in the Master EIR as being within the scope of the report; and WHEREAS, in accordance with CEQA guidelines beginning on May 3, 2023, the City caused to be published a 20-day notice of the City’s intent to make a finding that the subsequent project conforms with the Master EIR; and
WHEREAS, said matter was considered by the City Council at a duly noticed public hearing which was held on May 23, 2023, at 5:30 p.m., in the Tenth Street Place Chambers located at 1010 Tenth Street, Modesto, California. #17..
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05/23/2023/CED/EBorquez/Item XX 2 2023-XX
NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Modesto that the Council has reviewed and considered the Initial Study prepared for the proposed amendment to P-D (487), a copy of which is attached hereto as Exhibit “A”, and incorporated herein by reference, and based on substantial evidence in the Initial Study makes the following findings:

1. An Initial Study was prepared by the City of Modesto that analyzed whether the subsequent project may cause any significant effect on the environment that was not examined in the Master EIR and whether the subsequent project was described in the Master EIR as being within the scope of the report.

2. The subsequent project will have no additional significant effect on the environment, as defined in subdivision (d) of Section 21158 of the Public Resources Code, that was not identified in the Master EIR.

3. No new or additional mitigation measures or alternatives are required.

4. The subsequent project is within the scope of the project covered by the Master EIR.

5. All applicable policies, regulations, and mitigation measures identified in the Master EIR have been applied to the subsequent project or otherwise made conditions of approval of the subsequent project.

BE IT FURTHER RESOLVED by the Council of the City of Modesto that the Community & Economic Development Director is hereby authorized and directed to file a notice of approval or determination within five (5) business days with the Stanislaus County Clerk pursuant to Section 21152 of the Public Resources Code. #17..
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05/23/2023/CED/EBorquez/Item XX 0 2023-XX
The foregoing resolution was introduced at a regular meeting of the Council of the City of Modesto held on the day of 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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FILE Amendment to Planned Development Zone P-D(487) to allow one- or two-story residential dwelling units, together with Tentative Subdivision Map to divide a 1.26-acre parcel located north of Chicago Ave into seven (7) lots; submitted by Noe Gonzalez Motion/Action (Approved)
It was moved by Commissioner Vohra, seconded by Commissioner Vazquez, and carried unanimously (4-0) (Shanks, Silva, Vazquez, Vohra, ayes; None, noes; Birring, absent; None, recused) that the Planning Commission adopt Resolution No. 2023- 10 A RESOLUTION RECOMMENDING TO THE CITY COUNCIL APPROVAL OF AN AMENDMENT TO P-D (487) TO ALLOW ONE- OR TWO- STORY RESIDENTIAL DWELLING UNITS, PROPERTY LOCATED 813 CHICAGO AVENUE (NOE GONZALEZ) #17..
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ITEM B
Planning Commission Agenda Report April 3, 2022
Public Hearing Item B Page 1

CITY OF MODESTO

PLANNING COMMISSION STAFF REPORT
1010 10th STREET
MODESTO, CA 95354
(209) 577-5267 – (209) 491-5798 (fax)
TO: Chairperson Silva and Members of the Planning Commission PREPARED BY: Edwin Borquez, Assistant Planner
Contact Info: 571-5516 [email protected]
APPROVED BY: Jessica Hill, Interim Community and Economic Development Director MEETING DATE: April 3, 2022
SUBJECT: PDA-22-002/TSM-22-004: Amendment to Planned Development Zone PD(487) to allow one- or two-story residential dwelling units, together with Tentative Subdivision Map to divide a 1.26-acre parcel located north of Chicago Ave into seven (7) lots; submitted by Noe Gonzalez

RECOMMENDATION
Resolution recommending City Council approval of an amendment to Planned Development Zone P-D(487) to allow one- or two-story residential dwelling units, property located at 813 Chicago Avenue.

Resolution approving the Tentative Subdivision Map of Bella Vista Village.

BACKGROUND
The subject site is a part of a 1.61 gross acre Planned Development (487) Zone approved in November 26, 1991 by Ordinance No. 2795-C.S., allowing elderly housing. Currently there are three (3) single family residences on the project site; 815, 813 and 811 Chicago Avenue.

The entire construction was required to be completed no later than October 7, 1994. However, the project was never completed, and the original development plan has since expired.

PROJECT DESCRIPTION
The project proposes an amendment to Planned Development Zone P-D(487) to allow one- or two-story residential dwelling units, together with a Tentative Subdivision Map to divide the easterly 1.26 acre parcel of the Planned Development Zone into seven (7) lots. .

The northern portion of the 1.26-acre Tentative Subdivision Map will allow for four (4) new onestory residences with minimum lot size of 4,559 square-feet. The three existing residences will remain on individual lots proposed by the tentative map, of which two are flag lots with minimum street frontage of 27 feet.

Jeelu Way will be extended to the west end of the proposed site and dedicated to the city.

Sewer and water lines serving the residences will be located in Public Utility Easements as shown on the tentative map.
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Planning Commission Agenda Report April 3, 2023
Public Hearing Item B Page 2

ANALYSIS
Planned Development Amendment: Planned Development Zone P-D (487) was established in 1994 to allow specifically for elderly housing, with an associated development plan that was never developed and has since expired. If approved by City Council the proposed amendment to P-D (487) would provide for new single-story and two-story residential development, removing the senior housing requirement and thereby allowing for new residential development for all ages.

Tentative Subdivision Map: The tentative subdivision map proposes the extension of Jeelu Way with new sewer and water lines connecting to existing service lines. Lots 1 through 4 on Jeelu Way are proposed to be between 4,559 and 6,528 square feet, and Lots 5 through 7 are proposed for the three existing residences to remain, with Lots 5 and 6 designed as flag lots with a minimum street frontage of 27 feet facing Chicago Ave. Recordation of a final map is contingent on approval of the Planned Development Amendment by City Council.

Modesto Irrigation District Facilities: MID maintains a 36-inch wide irrigation pipeline in the area, known as “Briggs Ditch” or the “Briggs Pipeline”. To protect the irrigation line, both the new development plan and Tentative Subdivision Map will delineate a 20-foot wide irrigation easement along the northern boundary of the site, and a 15-foot wide irrigation easement along the western boundary of the site. The easement will be dedicated to MID by separate instrument and be noted on the Final Map at the time of recordation of the Map. In addition, a 70-foot wide section under the right-of-way of Jeelu Way will be replaced by the developer with a reinforced concrete pipeline that meets MID’s current pipeline strength loading requirements.

GENERAL PLAN CONSISTENCY
The General Plan designates this area as Residential (R). The proposed Planned Development Amendment and Tentative Subdivision Map allowing for development of residential uses is consistent with this designation and the policies of the City of Modesto General Plan.

ZONING CONFORMANCE
The sites surrounding this zone are R-1, Low-Density Residential Zone. The proposed project to create a residential development is consistent with the development standards of this Zone and the Zoning Ordinance.

ENVIRONMENTAL ASSESSMENT
Staff has prepared an Initial Study, Environmental Assessment No. C&ED 2022-021 which concludes that the proposed project is within the scope of the General Plan Master EIR (SCH No. 2014042081) and that, pursuant to Section 15182 of the CEQA Guidelines Section 21166 if the Public Resources Code, no new environmental review is required.

ATTACHMENTS

1. Planning Development Amendment Resolution

2. Tentative Subdivision Map Resolution

3. Initial Study EA No. C&ED 2022-21

4. Financial Interest Disclosure Form
TSM-22-004/PDA-22-002
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Planning Commission Agenda Report April 3, 2023
Public Hearing Item B Page 3

DEVELOPMENT PLAN
PDA-22-002

TENTATIVE SUBDIVISION MAP
TSM-22-004
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3/24/2023

LIST OF INVOLVED PARTIES FOR THE PLANNING COMMISSION
AGENDA OF APRIL 3, 2023
At the Commission’s request, staff has compiled a list of persons having a personal/financial interest in the matters contained in the accompanying agenda report to help identify potential conflicts of interest.

ITEM A Comprehensive General Plan Update (GPU) 2050 - Vision Statement, Guiding Principles, and Values
ITEM B PDA-22-002/TSM-22-004: Amendment to Planned Development Zone PD(487) to allow one- or two-story residential dwelling units, together with Tentative Subdivision Map to divide a 1.26-acre parcel located north of Chicago Ave into seven (7) lots; submitted by Noe Gonzalez Relationship Name/Address
Applicant Noe Gonzalez, 815 Chicago Avenue, Modesto, CA 95351 Owner G Squared Enterprise LLC, 815 Chicago Avenue, Modesto, CA 95351 Representative MCR Engineering, 1242 Dupont Court, Manteca, CA 95336 #17..
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Updated: August 2020
City of Modesto
Finding of Conformance with the
Urban Area General Plan Master EIR
(SCH No. 2014042081)
Initial Study Environmental Checklist
C&ED No. 2022-21
For the proposed:

PDA-22-002/TSM-22-004
Amend Planned Development Zone P-D(487)
with Tentative Subdivision Map
to divide 1.26 acres into 7 residential lots
Bella Vista Village
811-815 Chicago Avenue
APN 030-019-027
Prepared by:

City of Modesto
Community & Economic Development Department
Planning Division
February 3, 2023
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Updated: August 2020
(Intentional Blank Page)
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City of Modesto Initial Study EA No. 2022-21
General Plan Master EIR 1 February 3, 2023
City of Modesto
Master EIR Initial Study Environmental Checklist
I. PURPOSE
CEQA allows for the limited environmental review of subsequent projects under the City’s Master Environmental Impact Report (“Master EIR”). This Initial Study Environmental Checklist (“Initial Study”) is used in determining whether the proposed subdivision is “within the scope” of the project analyzed in the Modesto Urban Area General Plan Master EIR (SCH# 2014042081) (Public Resources Code section 21157.1). When the Initial Study supports this conclusion, the City will issue a Finding of Conformance.

A subsequent project is “within the scope” of the Master EIR when:

1. it will have no additional significant effects on the environment that were not addressed as significant effects in the Master EIR; and,

2. no new or additional mitigation measures or alternatives are required. “Additional significant effects” means a project-specific effect that was not addressed as a significant effect in the Master EIR. [Public Resources Code Section 21158(d)] The determination must be based on substantial evidence in the record. “Substantial evidence” means facts, reasonable assumptions predicated upon facts, or expert opinion based on facts. It does not include speculation or unsubstantiated opinion. (CEQA Guidelines Section 15384) II. PROJECT DESCRIPTION
A. Title: PDA-22-002/TSM-22-004: Bella Vista Village
B. Address or Location: 815, 813 and 811 Chicago Avenue, Modesto, CA. 95351 C. Applicant: Noe Gonzalez, 815, 813 and 811 Chicago Avenue, Modesto, CA. 95351 D. City Contact Person: Edwin Borquez, Assistant Planner Project Manager: Edwin Borquez
Department: Community and Economic Development Department, Planning Division Phone Number: 209-571-5516
E-mail address: [email protected]
E. Current General Plan Designation(s): Residential (R) F. Current Zoning Classification(s): Planned Development 487 - Elderly Housing #17..
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City of Modesto Initial Study EA No. 2022-21
General Plan Master EIR 2 February 3, 2023
G. Surrounding Land Uses:

North: Planned Development 581 (Hope Village) – Single Family Dwellings South: County jurisdiction - residential
East: Low-Density Residential
West: Low-Density Residential
H. Project Description, including the project type listed in Section II.C (Anticipated Future Projects) of the Master EIR (Attach additional maps/support materials as needed for complete record):

Proposal to amend Planned Development Zone P-D(487) from senior-only residential housing units to allow for all-ages residential housing units, with Tentative Subdivision Map to divide 1.26-acres into seven residential lots. Three existing residential dwellings will remain and be renovated. Lot lines will be drawn around the three existing dwellings to form three lots with frontage access to Chicago Avenue. Four lots will be created on the property’s northern half with access to Jeelu Way.

TSM-22-004/PDA-22-002
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City of Modesto Initial Study EA No. 2022-21
General Plan Master EIR 3 February 3, 2023
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City of Modesto Initial Study EA No. 2022-21
General Plan Master EIR 4 February 3, 2023
I. Other Public Agencies Whose Approval is Required: None.

III. FINDINGS / DETERMINATION (SELECT ONE ON THE BASIS OF THE ANALYSIS

IN SECTION IV)

1. X Within the Scope – The project is within the scope of the Master EIR and no new environmental document or Public Resources Code Section 21081 findings are required. All of the following statements are found to be true:

A. The subsequent project will have no additional significant effect on the environment, as defined in subdivision (d) of Section 21158 of the Public Resources Code, that was not identified in the Master EIR;
B. No new or additional mitigation measures or alternatives are required; C. The subsequent project is within the scope of the project covered by the Master EIR; and,
D. All applicable policies, regulations, and/or mitigation measures identified in the Master EIR have been applied to the subsequent project or otherwise made conditions of approval of the subsequent project.

Elevation
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City of Modesto Initial Study EA No. 2022-21
General Plan Master EIR 5 February 3, 2023

2. Mitigated Negative Declaration Required – On the basis of the above determinations, the project is not within the scope of the Master EIR. A mitigated negative declaration will be prepared for the project. The following statements are all found to be true:

A. The subsequent project is within the scope of the project covered by the Master EIR; B. All applicable policies, regulations, and mitigation measures identified in the Master EIR have been applied to the subsequent project or otherwise made conditions of approval of the subsequent project; and,
C. The project will have one or more potential new significant effects on the environment that were not addressed as significant effects in the Master EIR. New or additional mitigation measures are being required of the project that will reduce the effects to a less than significant level.

3. Focused EIR Required – On the basis of the above determinations, the project is not within the scope of the Master EIR. A Focused EIR will be prepared for the project. All of the following statements are found to be true:

A. The subsequent project is within the scope of the project covered by the Master EIR; B. All applicable policies, regulations, and mitigation measures identified in the Master EIR have been applied to the subsequent project or otherwise made conditions of approval of the subsequent project; and,
C. The project will have one or more new significant effects on the environment that were not addressed as significant effects in the Master EIR. New or additional mitigation measures or alternatives are required as a result.

Edwin Borquez Assistant Planner 2/3/2023
Project Manager Title Date
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City of Modesto Initial Study EA No. 2022-21
General Plan Master EIR 6 February 3, 2023

4. Within the Scope Analysis of this Document:

The Master EIR allows projects to be found within the scope of the MASTER EIR if certain criteria are met. If the following statements are found to be true for all 20 impact categories included in this Initial Study, then the proposed project is addressed by the Master EIR analysis and is within the scope of the Master EIR. Any “No” response must be discussed.

YES NO
(1) The lead agency for subsequent projects shall be the City of Modesto or a responsible agency identified in the Master EIR.
(2) City policies that reduce, avoid, or mitigate environmental effects will continue to be in effect and, therefore, would be applied to subsequent projects where appropriate. The policies are described in the list of policies in place as “mitigating policies” attached to the Initial Study template. Project impacts would be mitigated to a less-than-significant level using the Master EIR’s mitigating policies only.
(3) Federal, State, regional, and Stanislaus County regulations do not change in a manner that is less restrictive on development than current law (i.e., would not offer the same level of protection assumed under the Master EIR).
(4) No specific information concerning the known or potential presence of significant resources is identified in future reports, or through formal or informal input received from responsible or trustee agencies or other qualified sources. (5) The project will occur within the boundaries of the City’s planning area as established in the Urban Area General Plan.
(6) Implementation of the project will comply with all appropriate mitigating policies contained and enumerated in the 2019 Urban Area General Plan Master EIR.

5. Currency of the Master EIR Document
The Master EIR should be reviewed on a regular basis to determine its currency, and whether additional analysis / mitigation should be incorporated into the Master EIR via a Supplemental or Subsequent EIR (CEQA Section 21157.6). Staff has reviewed Sections 1 through 20 of this document in light of the criteria listed below to determine whether the Master EIR is current. The analyses contained within the Master EIR are current as long as the following circumstances have not changed. Any “no” response must be explained.

YES NO
(1) Certification of the Urban Area General Plan Master EIR occurred less than five (5) years prior to the filing of the application for this subsequent project. (2) The proposed project is described in the Master EIR and its approval will not affect the adequacy of the Master EIR for any subsequent project because the City can make the following findings:
(a) No substantial changes have occurred with respect to the circumstances under which the Master EIR was certified;
(b) No new information, which was not known and could not have been known at the time the Master EIR was certified as complete, has become available; and, #17..
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City of Modesto Initial Study EA No. 2022-21
General Plan Master EIR 7 February 3, 2023
(c) Policies that require site-specific mitigation, and avoidance or other mitigation of impacts as a prerequisite to future development, remain in full force and effect.

Discussion:
(1) The General Plan Master EIR was last certified on March 5, 2019. The analysis contained in the Master EIR is adequate for subsequent projects, as documented in the discussion below. (2) The project is consistent with the analysis contained in the Master EIR. This is documented in the discussion of the 20 individual evaluation topics within this initial study. (2)(a) There have been no substantive changes to the Urban Area General Plan since the Master EIR was certified that would create additional significant environmental effects that were not analyzed by the Master EIR.
(2)(b) There has been no new information that would affect the adequacy of the analysis contained in the Master EIR.
(2)(c) All policies contained in the Master EIR that require site-specific mitigation or avoidance of impacts remain in effect and will be applied to the project as appropriate.

IV. ENVIRONMENTAL ANALYSIS
This Initial Study, in accordance with Section 21157.1(b) of the Public Resources Code, discloses whether the proposed project may cause any project-specific significant effect(s) to the environment that was not examined in the Final Master EIR for the Urban Area General Plan, and whether new or additional mitigation measures or alternatives may be required as a result. The Initial Study thereby documents whether or not the project is “within the scope” of the Master EIR.

Pursuant to Public Resources Code Section 21157.1, no new environmental document or findings are necessary for projects that are determined to be within the scope of the Master EIR. Adoption of the findings specified in Section III.1, above, after completion of the Initial Study fulfills the City’s obligation in that situation. All environmental effects cited reflect 2040 conditions resulting from the Urban Area General Plan, as identified in the Master EIR.

The environmental impact analysis in the Master EIR for the Urban Area General Plan is organized in twenty subject / topical areas. The following analysis is based on the impact analyses contained in Chapter V of the Master EIR. For ease of reference, the sections are numbered in the same order as the analyses in Chapter V.
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City of Modesto Initial Study EA No. 2022-21
General Plan Master EIR 8 February 3, 2023

1. TRAFFIC AND CIRCULATION
a. Significant Effects Identified in the Master EIR
The Master EIR discloses the following residual significant and unavoidable traffic and circulation impacts expected after application of mitigating policies.

Direct Impacts
Effect: Increased automobile traffic will result in roadway segments (see Master EIR Table V-1-6, pages V-1-36 to V-1-39) operating at LOS D, Modesto’s significance threshold for automobile traffic, or lower (LOS E or F).

Effect: The substantial increase in traffic relative to the existing load and capacity of the street system will cause, either individually or cumulatively, the violation of automobile service standards established by StanCOG’s Congestion Management Plan for designated roads and highways.

Effect: A substantial increase in automobile vehicle miles traveled (see Master EIR Tables V-1-7 through V-1-10, pages V-1-44 through V-1-45).

Cumulative Impacts
Effect: Potential for growth inducement or acceleration of development resulting from highway and local road projects.

Effect: Substantial increase in traffic in relation to the existing traffic load and capacity of the street system, including a violation, either individually or cumulatively, of an automobile LOS standard established by the Congestion Management Plan for designated roads and highways.

Effect: Increased demand for capacity-enhancing alterations to existing roads or automobile traffic reduction.

Other impact categories affected by Traffic and Circulation are addressed throughout this Initial Study (see also: Section 2, Air Quality and Greenhouse Gas Emissions; Section 3, Generation of Noise; Section 18, Energy; Section 19, Visual Resources; and, Section 20, Land Use and Planning). b. Urban Area General Plan Mitigating Policies Applied to the Project Traffic and Circulation-related mitigating policies pertinent to this project are found on Master EIR pages V-1-7 through V-1-30. All mitigating policies appropriate to the project, including any new measures, will be incorporated into or made conditions of approval of this project and are listed in Section V, “Mitigating Policies Applied to Project.”
Discussion:

No mitigation measures regarding traffic from the Master EIR are required. No new or additional mitigation measures or alternatives are required to reduce project impacts to a less-than-significant level.
c. Project-Specific Effects
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City of Modesto Initial Study EA No. 2022-21
General Plan Master EIR 9 February 3, 2023
Section V-1.B of the Master EIR provides analysis of Traffic and Circulation impacts of development of the General Plan. The following is an analysis of whether the proposed project would result in any new, significant, project-specific effect(s) that were not disclosed in the Master EIR.

Significance Criteria: A subsequent development project will have a new significant effect on the environment if it would exceed the following thresholds / criteria:

Potentially
Significant
Impact
Less Than
Significant
w/Mitigating
Policies
Less Than
Significant
Impact
No
Impact

1. TRAFFIC AND CIRCULATION
1) The proposed project would conflict with an
applicable plan, ordinance or policy (including those
within the Urban Area General Plan) establishing
measures of effectiveness for the performance of
the circulation system, taking into account all
modes of transportation including mass transit and
non-motorized travel and relevant components of
the circulation system including, but not limited to
intersections, streets, highways and freeways,
pedestrian and bicycle paths, and mass transit.
2) The proposed project would conflict with an
applicable congestion management program,
including, but not limited to, level of service
standards and travel demand measures, or other
standards established by the county congestion
management agency, for designated facilities.
3) The proposed project would result in a change in
air traffic patterns, including either an increase in
traffic levels or a change in location that results in
substantial safety risks.
4) The proposed project would substantially
increase hazards due to a design feature (e.g. sharp
curves or dangerous intersections) or incompatible
uses (e.g. farm equipment), or result in inadequate
emergency access.
5) The proposed project would conflict with adopted
policies, plans, or programs regarding public transit,
bicycle, or pedestrian facilities, or otherwise
decrease the performance or safety of such
facilities.
6) The proposed project would result in projected
Level of Service “D” or worse for non-exempt City of
Modesto roadways, Caltrans facilities, and/or
County of Stanislaus roadways.
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City of Modesto Initial Study EA No. 2022-21
General Plan Master EIR 10 February 3, 2023
Discussion:
(1) The project involves development of four new dwelling units and the retainment of three existing dwelling units. The project was referred to Land Development Engineering, Traffic, who indicated no concerns with traffic volumes or impacts to alternative modes of transportation. (2) The project would not exceed a level of service standard established by the county congestion management agency (StanCOG).
(3) The proposed project would not result in a change in air traffic patterns. The project is proposed with one story homes with heights of 16ft. The nearest airport is the City-County Airport approximately three miles away to the east, and the project area is not located within a safety zone as established by the Airport Land Use Commission. (4) The project would not substantially increase vehicle hazards due to a design feature. The project was referred to the city fire department and Traffic Engineering Department, who indicated no concerns.
(5) Traffic Staff have reviewed this proposal and indicated no issues with adopted plans for alternative transportation. A bus stop is located on Paradise Rd and Chicago Ave at the east of the site.
(6) There are no significant changes in the level of service or the volume-capacity ratio as a result of the project, and therefore there are no significant cumulative (long-term) traffic impacts.

2. AIR QUALITY AND GREENHOUSE GAS EMISSIONS
a. Significant Effects Identified in the Master EIR
The Master EIR discloses the following residual significant and unavoidable air quality impacts expected after application of mitigating policies.

Direct Impacts
Effect: Expected automobile traffic will result in increased operational emissions of reactive organic gases (ROG) and oxides of nitrogen (NOX), and increased carbon monoxide (CO) levels in the project area (see Master EIR Tables V-2-4 through V-2-6, pages V-2-40 through V-2-41).

Effect: Expected construction and development activities could result in increased emissions of particulate matter 10 microns or less (PM10) and 2.5 microns or less in diameter (PM2.5) (see Master EIR page V-2-31, “2. Significant Direct Impacts”).

Cumulative Impacts
The Master EIR indicates the same impacts identified as direct impacts above will contribute to regional impacts on air quality for the criteria pollutants ROG, NOx, PM10, and PM2.5. b. Urban Area General Plan Mitigating Policies Applied to the Project #17..
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City of Modesto Initial Study EA No. 2022-21
General Plan Master EIR 11 February 3, 2023
Air quality-related mitigating policies that are relevant to the proposed project are found on pages V2-8 through V-2-29 of the Master EIR. All mitigating policies appropriate to the project will be incorporated into or made conditions of approval of this project and are listed in Section V, “Mitigating Policies Applied to Project.”
Discussion:

The applicable mitigating policies to be applied to this project include AQ-100, AQ-103, AQ-105, AQ107-AQ-111, and AQ-113-AQ-117 from the Master EIR. No new or additional mitigation measures or alternatives are required to reduce project impacts to a less-than-significant level. c. Project-Specific Effects
Section V-2.B of the Master EIR is the analysis of air quality impacts resulting from development of the Urban Area General Plan. The following is an analysis of whether the proposed project would result in a new, significant, project -specific effect not analyzed in the Master EIR.

Significance Criteria: Determination of project effects will be based on the following thresholds. The project-specific effects will be less than significant unless:

Potentially
Significant
Impact
Less Than
Significant
w/Mitigating
Policies
Less Than
Significant
Impact
No
Impact

2. AIR QUALITY AND GREENHOUSE GAS

EMISSIONS
1) The proposed project would be inconsistent with
the air quality and greenhouse gas emissions
policies in the Urban Area General Plan.
2) The proposed project would conflict with or
obstruct implementation of the applicable air quality
plan.
3) The proposed project would violate any air
quality standard or contribute substantially to
existing or projected violation.
4) The proposed project would result in a
cumulatively considerable net increase of any
criteria pollutant for which the project region is in
non-attainment under an applicable federal or state
ambient air quality standard (including releasing
emissions that exceed quantitative thresholds for
ozone precursors).
5) The proposed project would expose sensitive
receptors to substantial pollutant concentrations.
6) The proposed project would create objectionable
odors affecting a substantial number of people.
7) The proposed project would generate
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City of Modesto Initial Study EA No. 2022-21
General Plan Master EIR 12 February 3, 2023
Potentially
Significant
Impact
Less Than
Significant
w/Mitigating
Policies
Less Than
Significant
Impact
No
Impact
greenhouse gas emissions, either directly or
indirectly, that may have a significant impact on the
environment.
8) The proposed project would conflict with an
applicable plan, policy, or regulation adopted for the
purpose of reducing the emission of greenhouse
gases.

Discussion:
(1) The project involves amendment of a Planned Development Zone from senior-only housing to all ages housing, with development of four new single-story residences and renovation of three existing residences on 1.26 acres. The proposed project would not be inconsistent with the air quality and greenhouse gas emissions policies in the Urban Area General Plan. (2) The proposed project would not conflict with or obstruct implementation of the applicable air quality plan.
(3) The proposed project is residential in nature and would not violate any air quality standard or contribute substantially to existing or projected violation. (4) The proposed project would not result in a cumulatively considerable net increase of any criteria pollutant for which the project region is in non-attainment under an applicable federal or state ambient air quality standard.
(5) The proposed project would not expose sensitive receptors to substantial pollutant concentrations.
(6) The project would not create objectionable odors affecting a substantial number of people. (7) The proposed project would not generate greenhouse gas emissions, either directly or indirectly, that may have a significant impact on the environment.
(8) The project would not exceed emissions thresholds established by the SJVUAPCD, and is consistent with the development standards for a residential use as established by the General Plan.

3. GENERATION OF NOISE AND VIBRATION
a. Significant Effects Identified in the Master EIR
The Master EIR discloses the following residual significant and unavoidable noise and vibration impacts expected after application of mitigating policies.

Direct Impacts
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City of Modesto Initial Study EA No. 2022-21
General Plan Master EIR 13 February 3, 2023
Effect: Future automobile traffic noise levels and roadway construction and maintenance activities resulting from development consistent with the Urban Area General Plan will exceed the City’s noise thresholds at various locations, but particularly in areas adjacent to heavily traveled roadways (see Master EIR Table V-3-9, pages V-3-28 through V-3-31.

Effect: New noise-generating land uses could produce noise levels that would exceed the City’s noise thresholds of acceptability at sensitive receptors in the vicinity.

Effect: Construction noise would cause a temporary or periodic increase in noise exposure above ambient noise levels.

Effect: Demolition and construction activities may expose people to excessive vibration levels.

Cumulative Impacts
Effect: Traffic from development in the City of Modesto would, when combined with traffic from new development in the County and other cities, contribute to a cumulative increase in roadside noise levels on major roads and highways throughout Stanislaus County. b. Urban Area General Plan Mitigating Policies Applied to the Project Noise policies that are pertinent to the project being analyzed in this Initial Study are found on pages V-3-18 through V-3-24 of the Master EIR. All mitigating policies appropriate to the project will be incorporated into or made conditions of approval of this project and are listed in Section V, “Mitigating Policies Applied to Project.”
Discussion:

The applicable mitigating policies to be applied to this project include Noise-4 from the Master EIR. No new or additional mitigation measures or alternatives are required to reduce project impacts to a lessthan-significant level. c. Project-Specific Effects
Section V-3.B of the Master EIR discloses noise impacts resulting from development of the Urban Area General Plan. The following is an analysis of whether the proposed project would result in a new, significant, project -specific effect not analyzed in the Master EIR.

Significance Criteria: Determination of the proposed project’s effects are based on the following thresholds. Project-specific effects will be less than significant unless:

Potentially
Significant
Impact
Less Than
Significant
w/Mitigating
Policies
Less Than
Significant
Impact
No
Impact

3. NOISE AND VIBRATION
1) The proposed project is inconsistent with Urban
Area General Plan noise and vibration policies and
standards.
2) The proposed project would generate excessive
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City of Modesto Initial Study EA No. 2022-21
General Plan Master EIR 14 February 3, 2023
Potentially
Significant
Impact
Less Than
Significant
w/Mitigating
Policies
Less Than
Significant
Impact
No
Impact
ground-borne noise and/or vibration levels.
3) The proposed project would result in a
permanent increase of 3 dBA where any other noise
threshold or standard would be exceeded, and/or 5
dBA where noise levels would otherwise fall within
acceptable limits, in ambient noise levels in the
project vicinity above levels existing without the
project.
4) The proposed project would result in a
substantial temporary or periodic increase in
ambient noise levels existing without the project.
5) For a project located within an airport land use
plan, or where such a plan has not been adopted,
within two (2) miles of a public airport or public use
airport, the proposed project would result in
exposure of people residing or working in the
project area to excessive noise levels.
6) For a project within the vicinity of a private
airstrip, the proposed project would expose people
residing or working in the project area to excessive
noise levels.
7) For new residential development within 200 feet
of active rail lines, the proposed project would
result in noise levels generated during train passbys
that exceed 50 dBA Lmax inside bedrooms or 55 dBA
Lmax inside other occupied areas.

Discussion:
(1) The proposed project is not inconsistent with Urban Area General Plan noise and vibration policies and standards.
(2) The project would not generate excessive ground-borne noise or vibration levels, or lead to a permanent increase in ambient noise level. The project is residential in nature. (3) The project would not generate excessive ground-borne noise or vibration levels, or lead to a permanent increase in ambient noise level. The project is residential in nature. (4) The project involves amendment of a Planned Development Zone from senior-only housing to all ages housing, with development of four new single-story residences and renovation of three existing residences on 1.26 acres. Any increase in noise would be construction-related and temporary, and less than significant impact with mitigation measures applied. (5) The site is not located within an airport land use plan, and is approximately three miles away from the nearest public airport.
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City of Modesto Initial Study EA No. 2022-21
General Plan Master EIR 15 February 3, 2023
(6) The site is not within the vicinity of a private airstrip. (7) The site is not within 200 feet of an active railroad line.

4. EFFECTS ON AGRICULTURAL LANDS
a. Significant Effects Identified in the Master EIR
The Master EIR discloses the following residual significant and unavoidable impacts on agricultural lands expected after application of mitigating policies.

Direct Impacts
Effect: Development consistent with the Urban Area General Plan may convert up to approximately 10,500 acres of farmland in various categories in the Planned Urbanizing Area to urban uses.

Effect: Approximately 1,100 acres of urban development along a 350-foot wide 26-mile boundary between urban and agricultural uses could be affected by continued agricultural operations, including noise, dust, and chemical overspray or drift.

Cumulative Impacts
Effect: Growth within Modesto’s planning area would contribute considerably to the loss of agricultural land within Stanislaus County, accounting for the conversion of as much as approximately 10,500 acres of farmland in various categories in the Planned Urbanizing Area to 2040. b. Urban Area General Plan Mitigating Policies Pertinent to the Project Agricultural land-related mitigating policies pertinent to the proposed project are found on pages V-4- 4 to and V-4-8 of the Master EIR. All mitigating policies appropriate to the project will be incorporated into or made conditions of approval of this project and are listed in Section V, “Mitigating Policies Applied to Project.”
Discussion:

The applicable mitigating policies to be applied to this project include none from the Master EIR. No new or additional mitigation measures or alternatives are required to reduce project impacts to a lessthan-significant level. c. Project-Specific Effects
Section V-4.B of the Master EIR discloses the impacts resulting from the implementation of the Urban Area General Plan on agricultural lands. The following is an analysis of whether the proposed project would result in a new, significant, project-specific effect(s) not previously analyzed in the Master EIR.

Significance Criteria: Determination of project effects will be based on the following thresholds. The project-specific effects will be less than significant unless:
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City of Modesto Initial Study EA No. 2022-21
General Plan Master EIR 16 February 3, 2023
Potentially
Significant
Impact
Less Than
Significant
w/Mitigating
Policies
Less Than
Significant
Impact
No
Impact

4. EFFECTS ON AGRICULTURAL RESOURCES
1) The proposed project would be inconsistent with
the Urban Area General Plan policies relating to
agricultural resources.
2) The proposed project would convert areas of
Prime Farmland, Unique Farmland or Farmland of
Statewide Importance to non-agricultural uses,
impair the agricultural productivity of prime
agricultural land, or result in substantial pesticide
overspray, dust, or noise at urban uses.
3) The proposed project would conflict with existing
zoning for agricultural use, or with a Williamson Act
contract.
4) The proposed project would conflict with existing
zoning for, or cause rezoning of, forest land or
timberland.
5) The proposed project would result in the loss of
forest land or conversion of forest land to nonforest use. 6) The proposed project would involve other
changes to the environment that could result in
conversion of farmland or forest land.

Discussion:
(1) The project is a vacant infill area within the Baseline Developed Area not in agricultural production, and is completely surrounded by urbanized area consisting of single-family residential uses. The project would therefore not be inconsistent with the General Plan’s policies related to agricultural land.
(2-3) The project site is not zoned for agricultural use, and no Williamson Act contract is in place on the property. The site is surrounded by urban area and would not cause the conversion of farmland to a non-agricultural use.
(4-6) The project would not cause the rezoning of forest land or timberland. The project site is within an urbanized area not in the vicinity of any forest or timberland.

5. INCREASED DEMAND FOR LONG-TERM WATER SUPPLIES
a. Significant Effects Identified in the Master EIR
The Master EIR discloses the following residual significant and unavoidable impacts on long-term water supplies expected after application of mitigating policies.

Direct Impacts
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City of Modesto Initial Study EA No. 2022-21
General Plan Master EIR 17 February 3, 2023
Effect: Implementation of the Urban Area General Plan could substantially deplete groundwater supply or interfere with recharge.

Effect: Implementation of the Urban Area General Plan could necessitate construction of new water treatment facilities, or expansion of existing facilities, the construction of which could cause significant environmental effects.

Effect: Implementation of the Urban Area General Plan could necessitate expansion of existing water supply entitlements.

Cumulative Impacts
Effect: Groundwater withdrawals from both subbasins by the City, when combined with other users’ withdrawals, may result in overdrafting.

Effect: Cumulative impacts resulting from construction of new water treatment facilities, or expansion of existing facilities, could cause significant environmental effects. b. Urban Area General Plan Mitigating Policies Applied to the Project Water supply-related mitigating policies pertinent to the proposed project are found on pages V-5-11 through V-5-16 of the Master EIR. All mitigating policies appropriate to the project will be incorporated into or made conditions of approval of this project and are listed in Section V, “Mitigating Policies Applied to Project.”
Discussion:

No mitigation measures regarding water supply from the Master EIR are required. No new or additional mitigation measures or alternatives are required to reduce project impacts to a less-than-significant level.
c. Project-Specific Effects
Section V-5.B of the Master EIR discloses impacts on long-term water supplies resulting from implementation of the Urban Area General Plan. The following is an analysis of whether the proposed project would result in a new, significant, project-specific effect not disclosed in the Master EIR.

Significance Criteria: Determination of project effects will be based on the following thresholds. The project-specific effects will be less than significant unless:

Potentially
Significant
Impact
Less Than
Significant
w/Mitigating
Policies
Less Than
Significant
Impact
No
Impact

5. EFFECTS RELATIVE TO INCREASED

DEMAND FOR LONG TERM WATER SUPPLIES
1) The proposed project is inconsistent with the
Urban Area General Plan policies relating to water
supply.
#17..
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City of Modesto Initial Study EA No. 2022-21
General Plan Master EIR 18 February 3, 2023
Potentially
Significant
Impact
Less Than
Significant
w/Mitigating
Policies
Less Than
Significant
Impact
No
Impact
2) The proposed project would substantially deplete
groundwater supply, interfere with groundwater
recharge, result in water demand exceeds the
capacity for recharge or that would contribute to
overdraft of the groundwater basins.
3) The proposed project would require or result in
the construction of new water treatment facilities or
expansion of existing facilities, the construction of
which could cause significant environmental effects.
4) The proposed project would exceed existing
water supply entitlements or require expansion of
entitlements.

Discussion:
(1) The project is consistent with the water supply policies in the General Plan. (2) The proposed project is consistent with the ground water demands assumed in the General Plan. The project would not have a significant effect on ground water recharge or depletion of long-term water supplies.
(3-4) The project was referred to Land Development Engineering Staff who indicated no concerns with water supply to the project. The proposed development will not exceed estimates or water supplies needed to serve other entitlements and resources.

6. INCREASED DEMAND FOR SANITARY SEWER SERVICES
a. Significant Effects Identified in the Master EIR
The Master EIR discloses the following residual significant and unavoidable impacts on sanitary sewer services after application of mitigating policies.

Direct Impacts
Effect: Development resulting from implementation of the Urban Area General Plan may result in exceedance of wastewater treatment requirements of the Central Valley RWQCB.

Effect: Development resulting from implementation of the Urban Area General Plan may require or result in construction of new wastewater facilities, or the expansion of existing facilities, that could cause significant effects.

Effect: Development resulting from implementation of the Urban Area General Plan may result in a finding that the wastewater treatment facilities do not have adequate capacity to serve the projected demand in addition to the provider’s existing commitments.

Cumulative Impacts
#17..
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City of Modesto Initial Study EA No. 2022-21
General Plan Master EIR 19 February 3, 2023
Effect: Development resulting from implementation of the Urban Area General Plan may result in cumulative effects similar to those described under “direct Impacts,” above. b. Urban Area General Plan Mitigating Policies Applied to the Project Sewer service-related mitigating policies that are relevant to the proposed project are found on pages V-6-3 through V-6-7 of the Master EIR. All mitigating policies appropriate to the project will be incorporated into or made conditions of approval of this project and are listed in Section V, “Mitigating Policies Applied to Project.”
Discussion:

The applicable mitigating policies to be applied to this project include none from the Master EIR. No new or additional mitigation measures or alternatives are required to reduce project impacts to a lessthan-significant level. c. Project-Specific Effects
Section V-6.B of the Master EIR discloses impacts on the Increased Demand for Sanitary Sewer Service resulting from implementation of the Urban Area General Plan. The following is an analysis of whether the proposed project would result in a new, significant, project-specific effect not disclosed in the Master EIR.

Significance Criteria: Determination of project effects will be based on the following thresholds. The project-specific effects will be less than significant unless:

Potentially
Significant
Impact
Less Than
Significant
w/Mitigating
Policies
Less Than
Significant
Impact
No
Impact

6. INCREASED DEMAND FOR SANITARY

SEWER SERVICES
1) The proposed project is inconsistent with
wastewater policies in the Urban Area General Plan,
or would exceed wastewater treatment
requirements of the Central Valley RWQCB.
2) The proposed project would require or result in
the construction of new wastewater facilities or the
expansion of existing facilities, beyond those
identified improvements needed to serve the
proposed project, which would cause significant
effects.
3) The proposed project would result in a finding
that the wastewater treatment facilities do not have
adequate capacity to serve the proposed project’s
projected demand in addition to the provider’s
existing commitments.

Discussion:
#17..
- 484 -
City of Modesto Initial Study EA No. 2022-21
General Plan Master EIR 20 February 3, 2023
(1) The project involves amendment of a Planned Development Zone from senior-only housing to all ages housing, with development of four new single-story residences and renovation of three existing residences on 1.26 acres. The project would be consistent with the General Plan’s policies relating to wastewater and conform to applicable City Zoning Codes and Standards. (2-3) The project would not generate sewage flows greater than estimates for a project of similar residential uses. The project was referred to Land Development Engineering, who indicated no concerns with the project.

7. LOSS OF SENSITIVE WILDLIFE AND PLANT HABITAT
a. Significant Effects Identified in the Master EIR
The Master EIR discloses the following residual significant and unavoidable impacts on sensitive wildlife and plant habitat expected after application of mitigating policies.

Direct Impacts
Effect: No residual significant impacts on sensitive wildlife and plan habitat are expected to occur with the application of the policies contained in the Urban Area General Plan.

Cumulative Impacts
Effect: Implementation of the Urban Area General Plan will contribute to the cumulative impact of habitat loss in the San Joaquin Valley. Requiring increased density / intensity for new development than has occurred in the past, or that is expected in the future, would minimize the City’s contribution to the cumulative loss of habitat. Nonetheless, this is a significant and unavoidable impact. b. Urban Area General Plan Mitigating Policies Applied to the Project Wildlife and plant habitat-related mitigating policies that are pertinent to the proposed project are found on pages V-7-18 through V-7-25 of the Master EIR. All mitigating policies appropriate to the project will be incorporated into or made conditions of approval of this project and are listed in Section V, “Mitigating Policies Applied to Project.”
Discussion:

The applicable mitigating policies to be applied to this project include none from the Master EIR. No new or additional mitigation measures or alternatives are required to reduce project impacts to a lessthan-significant level. c. Project-Specific Effects
Section V-7.B of the Master EIR discloses impacts on the Loss of Sensitive Wildlife and Plant Habitat resulting from implementation of the Urban Area General Plan. The following is an analysis of whether the proposed project would result in a new, significant, project-specific effect not disclosed in the Master EIR.
#17..
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City of Modesto Initial Study EA No. 2022-21
General Plan Master EIR 21 February 3, 2023
Significance Criteria: Determination of project effects will be based on the following thresholds. The project-specific effects will be less than significant unless:

Potentially
Significant
Impact
Less Than
Significant
w/Mitigating
Policies
Less Than
Significant
Impact
No
Impact

7. LOSS OF PLANT AND WILDLIFE HABITAT
1) The proposed project is inconsistent with the
Urban Area General Plan policies related to loss of
sensitive plant and wildlife habitat.
2) The proposed project would have a substantial
adverse effect, either directly or through habitat
modifications, on any species identified as a
candidate, sensitive or special-status species in local or regional plans, policies or regulations, or by the
California Department of Fish and Game or U.S. Fish
and Wildlife service.
3) The proposed project would have a substantial
adverse effect on any riparian habitat or other
sensitive natural community identified in local or
regional plans, policies or regulations, or by the
California Department of Fish and Game or U.S. Fish
and Wildlife service.
4) The proposed project would have a substantial
adverse effect on federally-protected wetlands as
defined by Section 404 of the Clean Water Act
(including, but not limited to, marshes, vernal pools,
coastal wetlands, etc.) through direct removal,
filling, hydrological interruption or other means.
5) The proposed project would interfere
substantially with the movement of any native
resident or migratory fish or wildlife species or with
established native resident or migratory wildlife
corridors, or impede the use of native wildlife
nursery sites.
6) The proposed project would conflict with any
local policies or ordinances protecting biological
resources, such as a tree preservation policy or
ordinance.
7) The proposed project would conflict with the
provisions of an adopted habitat conservation plan,
natural community conservation plan, or other
approved local, regional, or state habitat
conservation plan.

Discussion:
#17..
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City of Modesto Initial Study EA No. 2022-21
General Plan Master EIR 22 February 3, 2023
(1) The project involves amendment of a Planned Development Zone from senior-only housing to all ages housing, with development of four new single-story residences and renovation of three existing residences on 1.26 acres. The project would not be inconsistent with General Plan policies pertaining to wildlife and plant habitat.
(2-5) The project site is located within the Baseline Developed Area of the City and is completely surrounded by developed urban area consisting of single-family residential uses. It is not a biologically sensitive site as defined by Figure V-7-1 of the MEIR. The California Department of Fish and Game and the U.S. Fish and Wildlife Service were consulted in the production of the MEIR.
(6-7) The project is not in conflict with any local policies or ordinances protecting biological resources, nor is in conflict with any adopted habitat conservation plan. The city does not have a heritage tree ordinance.

8. DISTURBANCE OF ARCHAEOLOGICAL / HISTORICAL SITES
a. Significant Effects Identified in the Master EIR
The Master EIR discloses the following residual significant and unavoidable impacts on archaeological / historical sites expected after application of mitigating policies.

Direct Impacts
Effect: Modification resulting in a substantial adverse change in the significance of a historically relevant resource, or the demolition of a listed or eligible historically relevant resource.

Cumulative Impacts
Effect: No additional cumulative impacts were disclosed in the Master EIR. The Direct impact described above could also result in a significant cumulative impact. b. Urban Area General Plan Mitigating Policies Applied to the Project Archaeological or historic resource-related mitigating policies that are pertinent to the project being analyzed in this Initial Study are found on page V-8-16 through V-8-25 of the Master EIR. All mitigating policies appropriate to the project will be incorporated into or made conditions of approval of this project and are listed in Section V, “Mitigating Policies Applied to Project.” Discussion:

The applicable mitigating policies to be applied to this project include: none from the Master EIR. No new or additional mitigation measures or alternatives are required to reduce project impacts to a lessthan-significant level. c. Project-Specific Effects
Section V-8.B of the Master EIR discloses impacts on archaeological / historical resources resulting from implementation of the Urban Area General Plan. The following is an analysis of whether the proposed project would result in any new, significant, project-specific effect(s) not disclosed in the Master EIR. #17..
- 487 -
City of Modesto Initial Study EA No. 2022-21
General Plan Master EIR 23 February 3, 2023
Significance Criteria: Determination of project effects will be based on the following thresholds. The project-specific effects will be less than significant unless:

Potentially
Significant
Impact
Less Than
Significant
w/Mitigating
Policies
Less Than
Significant
Impact
No
Impact

8. ARCHAEOLOGICAL / HISTORICAL SITES
1) The proposed project is inconsistent with the
Urban Area General Plan archaeological / historical
resource policies.
2) The proposed project would result in a
modification that would result in a substantial
adverse change in the significance of the resource
or demolition of a listed or eligible historic resource. 3) The proposed project would have an adverse
effect on any structure more than 50 years old that
has been determined to have historical significance
per policy AH-8 as shown in the Master EIR.
4) The proposed project would involve the removal
of known significant resources.
5) The proposed project would result in an adverse
impact to undiscovered archaeological and/or
paleontological resources.
6) The proposed project would cause a substantial
adverse change to a tribal cultural resource, as
defined by State law, that is listed (or is eligible for listing) in the California Register of Historical
Resources (or a local register of historical
resources), or that otherwise has potential
significance to a California Native American Tribe,
including human remains.

Discussion:
(1) The project would not be inconsistent with General Plan policies pertaining to archaeological or historic resources.
(2-6) The project involves amendment of a Planned Development Zone from senior-only housing to all ages housing, with development of four new single-story residences and renovation of three existing residences on 1.26 acres. The project site has no known historical significance nor is it eligible for listing as historic resource.

9. INCREASED DEMAND FOR STORM DRAINAGE
#17..
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City of Modesto Initial Study EA No. 2022-21
General Plan Master EIR 24 February 3, 2023
a. Significant Effects Identified in the Master EIR
The Master EIR discloses the following residual significant and unavoidable impacts on storm drainage expected after application of mitigating policies.

Direct Impacts
Effect: No residual significant direct impacts were disclosed in the Master EIR.

Cumulative Impacts
Effect: Existing drainage inadequacies, combined with the associated increase in impervious surface areas created by pavement and structures, have the potential to increase the rate or amount of runoff in a manner that could result in flooding in the urban area. Cumulative hydrologic impacts of storm water flows from Modesto’s urban areas and other areas of the County could occur due to the fixed capacity of MID and TID irrigation canals to convey drainage west to the San Joaquin River. If drainage channels in some areas prove insufficient to handle the increased drainage discharges, existing storm water runoff from urban and agricultural areas during large storm events would have to be interrupted until water levels receded to a point allowing the resumption of discharges to the channel. Ceasing discharges to drainage channels could cause inundation in and around the drainage conveyance pipeline systems, surface drainage channels, detention basins, and other urban areas. This cumulative impact is considered significant and unavoidable.
b. Urban Area General Plan Mitigating Policies Applied to the Project Storm Drainage-related mitigating policies that are pertinent to the project being analyzed in this Initial Study are found on pages V-9-4 through V-9-8. All mitigating policies appropriate to the project will be incorporated into or made conditions of approval of this project and are listed in Section V, “Mitigating Policies Applied to Project.”
Discussion:

The appropriate mitigating policies to be applied to this project include: none from the Master EIR. No new or additional mitigation measures or alternatives are required to reduce project impacts to a lessthan-significant level. c. Project-Specific Effects
Section V-9.B of the MASTER EIR discloses impacts on the demand for storm drainage resulting from development of the Urban Area General Plan. The following is an analysis of whether the proposed project would result in a new, significant, project-specific effect not disclosed in the Master EIR.

Significance Criteria: Determination of project effects will be based on the following thresholds. The project-specific effects will be less than significant unless:

Potentially
Significant
Impact
Less Than
Significant
w/Mitigating
Policies
Less Than
Significant
Impact
No
Impact

9. INCREASED DEMAND FOR STORM

DRAINAGE
#17..
- 489 -
City of Modesto Initial Study EA No. 2022-21
General Plan Master EIR 25 February 3, 2023
Potentially
Significant
Impact
Less Than
Significant
w/Mitigating
Policies
Less Than
Significant
Impact
No
Impact
1) The proposed project is inconsistent with the
Urban Area General Plan storm drainage policies.
2) The proposed project would substantially
increase the rate or amount of surface runoff in a
manner that would result in on- or off-site flooding.
3) The proposed project would create or contribute
runoff water that would exceed the capacity of
existing or planned storm drainage systems or
provide substantial additional sources of polluted
runoff.

Discussion:
(1) Construction activities will comply with the requirements of the City’s Storm Water Management Plan under its municipal NPDES stormwater permit, and the State Water Resources Control Board’s General Permit for Discharges of Storm Water Associated with Construction Activity. In addition, the City will ensure that new development complies with the City of Modesto’s Stormwater Management Program: Guidance Manual for New Development Stormwater Quality Control Measures. These policies will be implemented as conditions of project approval. (2) The project is not located in an area that has a positive storm drainage system. This project will be required to install storm drainage infrastructure to manage on-site and off-site storm water run-off per City Standards and per City’s Revised Guidance Manual for Development Stormwater Quality Control Measures.
(3) The project will utilize low impact strategies and meet the standards contained in the “Guidance Manual for New Development-Storm Water Quality Control Measures.” This requirement will be implemented as a condition of project approval.

10. FLOODING AND WATER QUALITY
a. Significant Effects Identified in the Master EIR
The Master EIR discloses the following residual significant and unavoidable impacts on flooding and water quality expected after application of mitigating policies.

Direct Impacts
Effect: No residual significant direct impacts were disclosed in the Master EIR.

Cumulative Impacts
Effect: No residual significant cumulative impacts were disclosed in the Master EIR. #17..
- 490 -
City of Modesto Initial Study EA No. 2022-21
General Plan Master EIR 26 February 3, 2023
b. Urban Area General Plan Mitigating Policies Applied to the Project Flooding and Water Quality-related mitigating policies that are pertinent to the project being analyzed in this Initial Study are found on pages V-10-7 through V-10-10 of the Master EIR. All mitigating policies appropriate to the project will be incorporated into or made conditions of approval of this project and are listed in Section V, “Mitigating Policies Applied to Project.” Discussion:

The appropriate mitigating policies to be applied to this project include: none from the Master EIR. No new or additional mitigation measures or alternatives are required to reduce project impacts to a lessthan-significant level. c. Project-Specific Effects
Section V-10.B of the Master EIR provides analysis of Flooding and Water Quality impacts of development of the General Plan, the following is an analysis of whether the proposed project would result in a new, significant, project-specific effect not previously analyzed in the Master EIR.

Significance Criteria: Determination of project effects will be based on the following thresholds. The project-specific effects will be less than significant unless:

Potentially
Significant
Impact
Less Than
Significant
w/Mitigating
Policies
Less Than
Significant
Impact
No
Impact

10. FLOODING AND WATER QUALITY
1) The proposed project is inconsistent with the
flooding and water quality policies in the Urban
Area General Plan.
2) The proposed project would place housing within
a 100-year flood hazard area.
3) The proposed project would place structures
within a 100-year floodplain as defined by FEMA.
4) The proposed project would expose people or
structures to a significant risk of loss, injury or
death including flooding as a result of the failure of
a levee or dam.
5) The proposed project would substantially alter
the existing drainage pattern of the site or area or
the course of a stream or river that would result in
flooding onsite or offsite.
6) The proposed project would violate water quality
standards, including groundwater standards
administered by the SWRCB’s DDW, standards for
surface water quality such as the NPDES or waste
discharge requirements.
#17..
- 491 -
City of Modesto Initial Study EA No. 2022-21
General Plan Master EIR 27 February 3, 2023
Potentially
Significant
Impact
Less Than
Significant
w/Mitigating
Policies
Less Than
Significant
Impact
No
Impact
7) The proposed project would substantially alter
the existing drainage pattern of the site or area or
the course of a stream or river in a manner that
would result in substantial erosion or siltation onsite or offsite.
8) The proposed project would create or contribute
runoff water that would provide substantial
additional sources of polluted runoff or substantially
increase the rate or amount of surface runoff in a
manner that would result in flooding onsite or
offsite.

Discussion:
(1) The proposed project is consistent with the flooding and water quality policies in the Urban Area General Plan.
(2-3) The project site is not within a 100-year flood hazard zone as established by the Federal Emergency Management Agency (FEMA) Flood Rate Insurance Map 06099C0325E. (4) The site is not in the vicinity of a levee or dam. The nearest waterway is the Tuolumne River approximately 1.3 miles to the south.
(5, 7) The project would not substantially alter the existing drainage pattern of the site, area or a watercourse in a manner that would result in erosion or siltation. (6) The project will comply with the Guidance Manual for New Development Storm Water Quality Control Measures. This will be implemented as a condition of project approval. (8) The project is not located in an area that has a positive storm drainage system. The project will be required to manage storm water impacts on-site as required in accordance to current City Standards and its amendments, as a condition of approval.

11. INCREASED DEMAND FOR PARKS AND OPEN SPACE
a. Significant Effects Identified in the Master EIR
The Master EIR discloses the following residual significant and unavoidable impacts on parks and open space expected after application of mitigating policies.

Direct Impacts
Effect: No residual significant direct impacts were disclosed in the Master EIR.

Cumulative Impacts
#17..
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City of Modesto Initial Study EA No. 2022-21
General Plan Master EIR 28 February 3, 2023
Effect: No residual significant cumulative impacts were disclosed in the Master EIR. b. Urban Area General Plan Mitigating Policies Applied to the Project Parks and open space-related mitigating policies that are pertinent to the proposed project are found on pages V-11-2 through V-11-8 of the Master EIR. All mitigating policies appropriate to the project will be incorporated into or made conditions of approval of this project and are listed in Section V, “Mitigating Policies Applied to Project.”
Discussion:

The appropriate mitigating policies to be applied to this project include: none from the Master EIR. No new or additional mitigation measures or alternatives are required to reduce project impacts to a lessthan-significant level. c. Project-Specific Effects
Section V-11.B of the MASTER EIR discloses impacts of the Urban Area General Plan on parks and open space. The following is an analysis of whether the proposed project would result in a new, significant, project-specific effect not disclosed in the Master EIR.

Significance Criteria: Determination of project effects will be based on the following thresholds.

Project-specific effects will be less than significant unless:

Potentially
Significant
Impact
Less Than
Significant
w/Mitigating
Policies
Less Than
Significant
Impact
No
Impact

11. INCREASED DEMAND FOR PARKS AND

OPEN SPACE
1) The proposed project is inconsistent with the
Urban Area General Plan parks and open space
policies.
2) The proposed project would eliminate parks or
open space.
3) The proposed project would not provide at least
three (3) total acres of parkland and open space per
1,000 people (one acre for neighborhood park
facilities; two acres for community park facilities).

Discussion:
(1) The project is consistent with the parks and open space policies in the General Plan. (2) The project would not eliminate an existing park or designated open space. (3) The project involves amendment of a Planned Development Zone from senior-only housing to all ages housing, with development of four new single-story residences and renovation of three #17..
- 493 -
City of Modesto Initial Study EA No. 2022-21
General Plan Master EIR 29 February 3, 2023
existing residences on 1.26 acres. The project would not be required to provide for additional park space.

12. INCREASED DEMAND FOR SCHOOLS
a. Significant Effects Identified in the Master EIR
The Master EIR discloses the following residual significant and unavoidable impacts on school facilities expected after application of mitigating policies.

Direct Impacts
Effect: No residual significant direct impacts were disclosed in the Master EIR. By statute, the impact of new students is considered to be mitigated below a level of significance by payment of school impact fees and the exercise of any or all of the financing options set out in Government Code Section 65997.

Cumulative Impacts
Effect: Similar to direct impacts resulting from implementation of the Urban Area General Plan, no residual significant direct impacts were disclosed in the Master EIR. b. Urban Area General Plan Mitigating Policies Applied to the Project Mitigation relies upon the implementation of the policies in place under the Modesto Urban Area General Plan. As long these policies are applied to all subsequent projects, no new mitigation is necessary.

Further, payment of school impact fees and compliance with SB 50 is statutorily deemed to be full mitigation of school impacts (Government Code Section 65995).

Schools-related mitigating policies that are relevant to the proposed project can be found on pages V12-3 through V-12-5 of the Master EIR. All mitigating policies appropriate to the project will be incorporated into or made conditions of approval of this project and are listed in Section V, “Mitigating Policies Applied to Project.”
Discussion:

The appropriate mitigating policies to be applied to this project include: none from the Master EIR. No new or additional mitigation measures or alternatives are required to reduce project impacts to a lessthan-significant level. c. Project-Specific Effects
Section V-12.B of the Master EIR discloses impacts resulting from implementation of the Urban Area General Plan associated with increased demand for schools. The following is an analysis of whether the proposed project would result in a new, significant, project-specific effect not disclosed in the Master EIR.

Significance Criteria: Determination of project effects will be based on the following thresholds. The project-specific effects will be less than significant unless:
#17..
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City of Modesto Initial Study EA No. 2022-21
General Plan Master EIR 30 February 3, 2023
Potentially
Significant
Impact
Less Than
Significant
w/Mitigating
Policies
Less Than
Significant
Impact
No
Impact

12. INCREASED DEMAND FOR SCHOOLS
1) The proposed project is inconsistent with Urban
Area General Plan school policies.
2) The proposed project would result in new
student population that exceeds the school system
capacity, or if the project conflicts with established
educational uses of the area, except to the limits
established under SB50 / Proposition 1A as
subsequently amended.

Discussion:
(1) The project is consistent with the policies relating to schools in the General Plan. (2) The project was referred to Modesto City Schools, who indicated no concerns with the project.

13. INCREASED DEMAND FOR POLICE SERVICES
a. Significant Effects Identified in the Master EIR
The Master EIR discloses the following residual significant and unavoidable impacts on police services expected after application of mitigating policies.

Direct Impacts
Effect: No residual significant direct impacts were disclosed in the Master EIR.

Cumulative Impacts
Effect: No residual significant cumulative impacts were disclosed in the Master EIR. b. Urban Area General Plan Mitigating Policies Applied to the Project Police services-related mitigating policies that are pertinent to the proposed project are found on pages V-13-2 through V-13-5 of the Master EIR. All mitigating policies appropriate to the project will be incorporated into or made conditions of approval of this project and are listed in Section V, “Mitigating Policies Applied to Project.”
Discussion:

The appropriate mitigation to be applied to this project includes none from the Master EIR. No new or additional mitigation measures or alternatives are required to reduce project impacts to a less-thansignificant level. #17..
- 495 -
City of Modesto Initial Study EA No. 2022-21
General Plan Master EIR 31 February 3, 2023
c. Project-Specific Effects
Section V-13.B of the Master EIR discloses impacts on police services resulting from implementation of the Urban Area General Plan. The following is an analysis of whether the proposed project would result in a new, significant, project-specific effect not disclosed in the Master EIR.

Significance Criteria: Determination of project effects will be based on the following thresholds. The project-specific effects will be less than significant unless:

Potentially
Significant
Impact
Less Than
Significant
w/Mitigating
Policies
Less Than
Significant
Impact
No
Impact

13. INCREASED DEMAND FOR POLICE

SERVICES
1) The proposed project is inconsistent with Urban
Area General Plan policies relating to police service.
2) The proposed project would result in
development occurring in an area(s) that cannot be
adequately served by existing or budgeted police
personnel and facilities.

Discussion:
(1) The project is consistent with the policies relating to police services in the General Plan. (2) The project would not result in the need for construction of new or significantly altered facilities which could cause new significant environmental impacts in order to maintain acceptable service ratios, response times or other performance objectives.

14. INCREASED DEMAND FOR FIRE SERVICES
a. Significant Effects Identified in the Master EIR
The Master EIR discloses the following residual significant and unavoidable impacts on fire services expected after application of mitigating policies.

Direct Impacts
Effect: No residual significant direct impacts were disclosed in the Master EIR.

Cumulative Impacts
#17..
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City of Modesto Initial Study EA No. 2022-21
General Plan Master EIR 32 February 3, 2023
Effect: No residual significant cumulative impacts were disclosed in the Master EIR. b. Urban Area General Plan Mitigating Policies Applied to the Project Fire Services-related mitigating policies pertinent to the project being analyzed in this Initial Study are found on pages V-14-3 through V-14-5 of the Master EIR. All mitigating policies appropriate to the project will be incorporated into or made conditions of approval of this project and are listed in Section V, “Mitigating Policies Applied to Project.”
Discussion:

The appropriate mitigating policies to be applied to this project include: none from the Master EIR. No new or additional mitigation measures or alternatives are required to reduce project impacts to a lessthan-significant level. c. Project-Specific Effects
Section V-14.B of the Master EIR discloses impacts on fire services resulting from implementation of the Urban Area General Plan. The following is an analysis of whether the proposed project would result in a new, significant, project-specific effect not disclosed in the Master EIR.

Significance Criteria: Determination of project effects will be based on the following thresholds. The project-specific effects will be less than significant unless:

Potentially
Significant
Impact
Less Than
Significant
w/Mitigating
Policies
Less Than
Significant
Impact
No
Impact

14. INCREASED DEMAND FOR FIRE

SERVICES
1) The proposed project is inconsistent with Urban
Area General Plan policies relating to fire service.
2) The proposed project would result in any
substantial adverse impact(s) associated with the
need for – and/or provision of – new or physically
altered fire service facilities, the construction of
which could cause significant environmental
impacts, in order to maintain acceptable response
times.

Discussion:
(1) The project is consistent with the fire service policies in the General Plan. (2) The project would not result in the need for construction of new or significantly altered facilities which could cause new significant environmental impacts in order to maintain acceptable service ratios, response times or other performance objectives.

15. GENERATION OF SOLID WASTE
#17..
- 497 -
City of Modesto Initial Study EA No. 2022-21
General Plan Master EIR 33 February 3, 2023
a. Significant Effects Identified in the Master EIR
The Master EIR discloses the following residual significant and unavoidable impacts on solid waste expected after application of mitigating policies.

Direct Impacts
Effect: No residual significant direct impacts were disclosed in the Master EIR.

Cumulative Impacts
Effect: No residual significant cumulative impacts were disclosed in the Master EIR. b. Urban Area General Plan Mitigating Policies Applied to the Project Solid waste-related mitigating policies that are pertinent to the proposed project are found on pages V15-4 through V-15-5 of the Master EIR. All mitigating policies appropriate to the project will be incorporated into or made conditions of approval of this project and are listed in Section V, “Mitigating Policies Applied to Project.”
Discussion:

The appropriate mitigating policies to be applied to this project include: none from the Master EIR. No new or additional mitigation measures or alternatives are required to reduce project impacts to a lessthan-significant level. c. Project-Specific Effects
Section V-15.B of the Master EIR discloses solid waste impacts resulting from implementation of the Urban Area General Plan. The following is an analysis of whether the proposed project would result in a new, significant, project-specific effect not disclosed in the Master EIR.

Significance Criteria: Determination of project effects will be based on the following thresholds.

Project-specific effects will be less than significant unless:

Potentially
Significant
Impact
Less Than
Significant
w/Mitigating
Policies
Less Than
Significant
Impact
No
Impact

15. GENERATION OF SOLID WASTE
1) The project is inconsistent with the solid waste
policies in the Urban Area General Plan.
2) The project would result in solid waste
generation that exceeds the projected capacity of
existing landfills and waste-reduction facilities, or if it would result in non-compliance with any federal,
state or local statutes or regulations related to solid waste.

Discussion:
#17..
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City of Modesto Initial Study EA No. 2022-21
General Plan Master EIR 34 February 3, 2023
(1) The project is consistent with the solid waste policies in the General Plan. (2) This project was referred to the Solid Waste Division for review, who indicated no concerns over service to the project area.

16. GENERATION OF HAZARDOUS MATERIALS
a. Significant Effects Identified in the Master EIR
The Master EIR discloses the following residual significant and unavoidable impacts regarding hazardous materials expected after application of mitigating policies.

Direct Impacts
Effect: No residual significant direct impacts were disclosed in the Master EIR.

Cumulative Impacts
Effect: No residual significant cumulative impacts were disclosed in the Master EIR. b. Urban Area General Plan Mitigating Policies Applied to the Project Hazardous materials-related mitigating policies that are pertinent to the proposed project are found on pages V-16-5 through V-16-10 of the Master EIR. All mitigating policies appropriate to the project will be incorporated into or made conditions of approval of this project and are listed in Section V, “Mitigating Policies Applied to Project.”
Discussion:

The appropriate mitigating policies to be applied to this project include: HM-3 and HM-8 from the Master EIR. No new or additional mitigation measures or alternatives are required to reduce project impacts to a less-than-significant level.
c. Project-Specific Effects
Section V-16.B of the Master EIR discloses impacts on hazardous materials resulting from implementation of the Urban Area General Plan. The following is an analysis of whether the proposed project would result in a new, significant, project-specific effect not disclosed in the Master EIR.

Significance Criteria: Determination of project effects will be based on the following thresholds. The project-specific effects will be less than significant unless:

Potentially
Significant
Impact
Less Than
Significant
w/Mitigating
Policies
Less Than
Significant
Impact
No
Impact

16. HAZARDS AND HAZARDOUS MATERIALS
#17..
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City of Modesto Initial Study EA No. 2022-21
General Plan Master EIR 35 February 3, 2023
Potentially
Significant
Impact
Less Than
Significant
w/Mitigating
Policies
Less Than
Significant
Impact
No
Impact
1) The proposed project is inconsistent with the
Urban Area General Plan hazards and hazardous
materials policies.
2) The proposed project would create a significant
hazard to the public or the environment through the
routine transport, use or disposal of hazardous
materials, or through reasonably foreseeable upset
and accident conditions involving the release of
hazardous materials into the environment.
3) The proposed project would result in hazardous
materials emissions or handle hazardous materials,
substances, or waste within one-quarter mile of an
existing or proposed school.
4) The proposed project would be located on a site
that is included on a list of hazardous materials sites compiled pursuant to Government Code Section
65962.5 and, as a result, would create a significant
hazard to the public or environment.
5) For a project located within an airport land use
plan or, where such a plan has not been adopted,
within two (2) miles of a public airport or public use
airport, would result in a safety hazard for people
residing or working in the project area.
6) For a project within the vicinity of a private
airstrip, a safety hazard would result for people
residing or working in the project area.
7) The proposed project would impair
implementation of or physically interfere with an
adopted emergency response plan or emergency
evacuation plan.
8) The proposed project would expose people or
structures to a significant risk of loss, injury or
death involving wildland fires, including where
wildlands are adjacent to urbanized areas or where
residences are intermixed with wildlands.

Discussion:
(1) The project is consistent with the hazardous materials policies in the General Plan. (2-3) No hazardous materials will be involved with this project. The site is not within a quarter-mile of a school.
#17..
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City of Modesto Initial Study EA No. 2022-21
General Plan Master EIR 36 February 3, 2023
(4) The project would not be located on a site, which is included on a list of hazardous materials sites compiled pursuant to Government Code Section 65962.5 and as a result, would not create a significant hazard to the public or the environment.
(5-6) The site is not within an airport land use plan nor in the vicinity of any airports or private airfields. (7) The project would not interfere with an adopted emergency response or evacuation plan. (8) The project site is not located near any wildland areas nor is at risk for wildland fire.

17. GEOLOGY, SOILS, AND MINERAL RESOURCES
a. Significant Effects Identified in the Master EIR
The Master EIR discloses the following residual significant and unavoidable impacts related to geology, soils, and mineral resources expected after application of mitigating policies.

Direct Impacts
Effect: No residual significant direct impacts were disclosed in the Master EIR.

Cumulative Impacts
Effect: No residual significant cumulative impacts were disclosed in the Master EIR. b. Urban Area General Plan Mitigating Policies Applied to the Project Geology, soils, and mineral resource-related mitigating policies that are pertinent to the proposed project are found on pages V-17-7 through V-17-10 of the Master EIR. All mitigating policies appropriate to the project will be incorporated into or made conditions of approval of this project and are listed in Section V, “Mitigating Policies Applied to Project.” Discussion:

The appropriate mitigating policies to be applied to this project include: none from the Master EIR. No new or additional mitigation measures or alternatives are required to reduce project impacts to a lessthan-significant level. c. Project-Specific Effects
Section V-17.B of the Master EIR discloses geology, soils, and mineral resource impacts resulting from implementation of the Urban Area General Plan. The following is an analysis of whether the proposed project would result in a new, significant, project-specific effect not disclosed in the Master EIR.

Significance Criteria: Determination of project effects will be based on the following thresholds.

Project-specific effects will be less than significant unless:
#17..
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City of Modesto Initial Study EA No. 2022-21
General Plan Master EIR 37 February 3, 2023
Potentially
Significant
Impact
Less Than
Significant
w/Mitigating
Policies
Less Than
Significant
Impact
No
Impact

17. GEOLOGY, SOILS, AND MINERAL

RESOURCES
1) The project is inconsistent with policies relating
to geology, soils, and mineral resources contained
in the Urban Area General Plan.
2) The proposed project would expose people or
structures to potential substantial adverse effects
including: the risk of loss, injury, or death involving fault rupture, strong seismic activity; location on an
expansive soil; loss of topsoil; or, result in the loss of availability of known mineral resources that
would be of value to the region and the state.

Discussion:
(1) The project is consistent with policies relating to geology, soils, and mineral resources in the General Plan.
(2) The project would not be located on soil that is unstable, or that would become unstable as a result of the project. There are no known mineral resources of value to the region and the state on the property.

18. ENERGY
a. Significant Effects Identified in the Master EIR
The Master EIR discloses the following residual significant and unavoidable impacts pertaining to energy expected after application of mitigating policies.

Direct Impacts
Effect: No residual significant direct impacts were disclosed in the Master EIR.

Cumulative Impacts
Effect: No residual significant cumulative impacts were disclosed in the Master EIR. b. Urban Area General Plan Mitigating Policies Applied to the Project The following energy-related mitigating policies that are pertinent to the proposed project are found on pages V-18-2 and V-18-3 in the Master EIR. All mitigating policies appropriate to the project will be #17..
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City of Modesto Initial Study EA No. 2022-21
General Plan Master EIR 38 February 3, 2023
incorporated into or made conditions of approval of this project and are listed in Section V, “Mitigating Policies Applied to Project.”
Discussion:

The appropriate mitigating policies to be applied to this project include: none from the Master EIR. No new or additional mitigation measures or alternatives are required to reduce project impacts to a lessthan-significant level. c. Project-Specific Effects
Section V-18.B of the Master EIR discloses impacts of implementing the Urban Area General Plan on energy resources. The following is an analysis of whether the proposed project would result in a new, significant, project-specific effect not disclosed in the Master EIR.

Significance Criteria: Determination of project effects will be based on the following thresholds. The project-specific effects will be less than significant unless:

Potentially
Significant
Impact
Less Than
Significant
w/Mitigating
Policies
Less Than
Significant
Impact
No
Impact

18. ENERGY
1) The proposed project is inconsistent with policies
relating to energy in the Urban Area General Plan.
2) The proposed project would result in energy
consumption during construction, operation,
maintenance, or removal that is more wasteful,
inefficient, and unnecessary than assumed in the
Urban Area General Plan.

Discussion:
(1) The project is consistent with the energy policies in the General Plan. (2) The project would not result in energy consumption during construction, operation, maintenance or removal that is more wasteful, inefficient and unnecessary than assumed in the General Plan.

19. EFFECTS ON VISUAL RESOURCES
a. Significant Effects Identified in the Master EIR
The Master EIR discloses the following residual significant and unavoidable impacts on visual resources expected after application of mitigating policies.

Direct Impacts
Effect: No residual significant direct impacts were disclosed in the Master EIR. #17..
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City of Modesto Initial Study EA No. 2022-21
General Plan Master EIR 39 February 3, 2023
Cumulative Impacts
Effect: No additional cumulative impacts were disclosed in the Master EIR. b. Urban Area General Plan Mitigating Policies Applied to the Project The following visual resources-related mitigating policies pertinent to the proposed project are found on pages V-19-2 and V-19-3 in the Master EIR. All mitigating policies appropriate to the project will be incorporated into or made conditions of approval of this project and are listed in Section V, “Mitigating Policies Applied to Project.”
Discussion:

The appropriate mitigating policies to be applied to this project include: none from the Master EIR. No new or additional mitigation measures or alternatives are required to reduce project impacts to a lessthan-significant level. c. Project-Specific Effects
Section V-18.B of the Master EIR discloses impacts of implementing the Urban Area General Plan on visual resources. The following is an analysis of whether the proposed project would result in a new, significant, project-specific effect not disclosed in the Master EIR.

Significance Criteria: Determination of project effects will be based on the following thresholds. The project-specific effects will be less than significant unless:

Potentially
Significant
Impact
Less Than
Significant
w/Mitigating
Policies
Less Than
Significant
Impact
No
Impact

19. VISUAL RESOURCES
1) The proposed project is inconsistent with the
Urban Area General Plan visual resource policies.
2) The proposed project would have a substantial
adverse effect on a scenic vista.
3) The proposed project would substantially
damage scenic resources, including trees, rock
outcrops, and/or historic buildings along a state
scenic highway.
4) The proposed project would substantially
degrade the existing visual character or quality of
the site and its surroundings.
5) The proposed project would create a new source
of substantial light or glare that would adversely
affect daytime or nighttime views.
6) The proposed project would substantially
degrade views from riverside areas and parks.
7) The proposed project would substantially
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- 504 -
City of Modesto Initial Study EA No. 2022-21
General Plan Master EIR 40 February 3, 2023
Potentially
Significant
Impact
Less Than
Significant
w/Mitigating
Policies
Less Than
Significant
Impact
No
Impact
degrade views of riverside areas from public
roadways and/or nearby properties.

Discussion:
(1) The project is consistent with the policies relating the visual resources in the General Plan. (2) The project would not have an adverse impact on a scenic vista. The site is located within the Baseline Urbanized Area of the City and is surrounded by urban uses. (3-4) The project would not impact scenic resources, nor degrade the existing visual character or quality of the site and its surroundings.
(5) The project would not cause substantial light or glare. (6) The project would not impact views from riverside areas and parks.

20. LAND USE AND PLANNING
a. Significant Effects Identified in the Master EIR
The Master EIR discloses the following residual significant and unavoidable impacts pertaining to land use and planning expected after application of mitigating policies.

Direct Impacts
Effect: No residual significant direct impacts were disclosed in the Master EIR.

Cumulative Impacts
Effect: No residual significant cumulative impacts were disclosed in the Master EIR. b. Master EIR and/or New Mitigation Measures Applied to the Project The following land use and planning-related mitigating policies pertinent to the proposed project are found on pages V-20-5 through V-20-12 in the Master EIR. All mitigating policies appropriate to the project will be incorporated into or made conditions of approval of this project and are listed in Section V, “Mitigating Policies Applied to Project.”
Discussion:

The appropriate mitigating policies to be applied to this project include: none from the Master EIR. No new or additional mitigation measures or alternatives are required to reduce project impacts to a lessthan-significant level. c. Project-Specific Effects
#17..
- 505 -
City of Modesto Initial Study EA No. 2022-21
General Plan Master EIR 41 February 3, 2023
Section V-20.B of the Master EIR discloses impacts of implementing the Urban Area General Plan on land use and planning. The following is an analysis of whether the proposed project would result in a new, significant, project-specific effect not disclosed in the Master EIR.

Significance Criteria: Determination of project effects will be based on the following thresholds. The project-specific effects will be less than significant unless:

Potentially
Significant
Impact
Less Than
Significant
w/Mitigating
Policies
Less Than
Significant
Impact
No
Impact

20. LAND USE AND PLANNING
1) The proposed project is inconsistent the Urban
Area General Plan land use and planning policies.
2) The proposed project contains elements that
would physically divide an established community in
a way not assumed in the Urban Area General Plan.
3) The proposed project conflicts with a land use
plan, policy or regulation established for the
purpose of avoiding or mitigating an environmental
impact by an agency that has jurisdiction over the
proposed project.
4) The proposed project conflicts with an applicable
habitat conservation plan or natural community
conservation plan.

Discussion:
(1) The project is designated as Residential (R) in the General Plan, which allows for residential uses. The project is consistent with the current General Plan Land Use Designation, and therefore is consistent with land use and planning policies in the General Plan. (2) The project would not divide an established community. The surrounding area is developed with residential uses. The proposed subdivision is consistent with the surrounding uses and would not divide existing neighborhood.
(3) The project does not conflict with the land use plan, policies and regulations of the City of Modesto designed to mitigate project impacts.
(4) The project does not conflict with applicable habitat conservation plans or natural community conservation plans.

V. APPLICABLE URBAN AREA GENERAL PLAN MITIGATING POLICIES If the Initial Study results in the determination that a Finding of Conformance can be adopted for the proposed project, then Section A, below, applies. If the Initial Study results in the determination that #17..
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City of Modesto Initial Study EA No. 2022-21
General Plan Master EIR 42 February 3, 2023
a Finding of Conformance cannot be adopted and a Mitigated Negative Declaration or Focused EIR must be prepared for the project, then Section B, below, applies.

A. Urban Area General Plan Mitigating Policies Applied to the Project Pursuant to Public Resources Code Section 21157.1(c), in order for a Finding of Conformance to be made, all appropriate mitigating policies from the Master EIR shall be incorporated into the proposed project. Urban Area General Plan Policies that mitigate impacts shall be made part of the proposed project prior to approval by means of conditions of project approval or incorporation into the appropriate document or plan. All applicable and appropriate mitigating policies have been applied to the project (listed below).

B. New or Additional Mitigation Measures or Alternatives Required Where the project’s effects would exceed the significance criteria for each environmental impact category, a mitigated negative declaration or Focused EIR must be prepared. Staff has reviewed the project against the significance criteria thresholds established in the Master EIR for all impact categories in this Initial Study.

A Mitigated Negative Declaration or Focused EIR shall be prepared for the project. The following additional project-specific mitigation measures listed below are necessary to reduce the identified new significant effect:

Traffic and Circulation:

N/A
Air Quality and Greenhouse Gases:

AQ-100. Reduce particulate emissions from construction, grading, excavation, and demolition to the maximum extent feasible in accordance with the requirements of SJVAPCD Regulation VIII.

Regulation VIII was adopted to reduce the amount of particulate matter suspended in the atmosphere as a result of emissions generated from anthropogenic (man-made) fugitive dust sources. (Policy VII.H.2.jj)
AQ-103. Effectively stabilize dust emissions using water, chemical stabilizer / suppressant, cover with a tarp or other suitable cover or vegetative ground cover, all disturbed areas, including storage piles, which are not being actively utilized for construction purposes. (Policy VII.H.2.mm) AQ-105. Effectively control fugitive dust emissions utilizing application of water or by presoaking all land clearing, grubbing, scraping, excavation, land leveling, grading, cut & fill, and demolition activities. (Policy VII.H.2.oo)
AQ-107. When materials are transported off site, cover all materials, or effectively wet them to limit visible dust emissions, and maintain at least six inches of freeboard from top of container. (Policy VII.H.2.qq)
#17..
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City of Modesto Initial Study EA No. 2022-21
General Plan Master EIR 43 February 3, 2023
AQ-108. Limit operations or expeditiously remove the accumulation of mud or dirt from adjacent public streets at the end of each workday (the use of dry rotary brushes is expressly prohibited except where preceded or accompanied by sufficient wetting to limit the visible dust emissions.) (Use of blower devices is expressly forbidden.) (Policy VII.H.2.rr) AQ-109. Following the addition of materials to, or the removal of materials from, the surface of outdoor storage piles, effectively stabilize said piles for fugitive dust emissions utilizing sufficient water or chemical stabilizer / suppressant. (Policy VII.H.2.ss) AQ-110. Within urban areas, immediately remove trackout when it extends 50 or more feet from the site and at the end of each workday. (Policy VII.H.2.tt) AQ-111. Prevent carryout and trackout for any site with 150 or more vehicle trips per day. (Policy VII.H.2.uu)
AQ-113. Install sandbags or other erosion control measures to prevent silt runoff to public roadways from sites with a slope greater than one percent (1%). (Policy VII.H.2.ww) AQ-114. Install wheel washers for all exiting trucks, or wash all trucks and equipment leaving the site. (Policy VII.H.2.xx)
AQ-115. Install wind breaks at windward side(s) of construction areas. (Policy VII.H.2.yy) AQ-116. Suspend excavation and grading activity when winds exceed 20 mph (regardless of windspeed, an owner/operator must comply with Regulation VIII’s 20 percent opacity limit). (Policy VII.H.2.zz)
AQ-117. Limit the area subject to excavation, grading, and other construction activity at any one time. (Policy VII.H.2.aaa)
Generation of Noise and Vibration:

Noise-4. Implement noise-reducing construction practices as conditions of approval where substantial construction-related noise impacts would be likely to occur, such as with extended periods of pile driving, or where construction is expected to continue or where sensitive receptors would be affected by construction noise. Conditions of approval may include, but are not limited to:
◦ Require construction equipment, including air compressors and pneumatic equipment to have properly maintained mufflers;
◦ Require impact tools to be equipped with shrouds or shields; ◦ Require that the quietest equipment available be used; and, ◦ Require selection of haul routes that affect the fewest number of people. (Policy VII-G.3.b) Effects on Agricultural Lands:

N/A
Increased Demand for Long-Term Water Supplies:

N/A
#17..
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City of Modesto Initial Study EA No. 2022-21
General Plan Master EIR 44 February 3, 2023
Increased Demand for Sanitary Sewer Services:

N/A
Loss of Sensitive Wildlife and Plant Habitat:

N/A
Disturbance of Archaeological / Historic Sites:

N/A
Increased Demand for Storm Drainage:

N/A
Flooding and Water Quality:

N/A
Increased Demand for Parks and Open Space:

N/A
Increased Demand for Schools:

N/A
Increased Demand for Police Services:

N/A
Increased Demand for Fire Services:

N/A
Generation of Solid Waste:

N/A.

Generation of Hazardous Materials:

N/A
Geology, Soils, and Mineral Resources:

N/A
Energy:

N/A
#17..
- 509 -
City of Modesto Initial Study EA No. 2022-21
General Plan Master EIR 45 February 3, 2023
Effects on Visual Resources:

N/A
Land Use and Planning:

N/A
#17..
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#17..
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#17..
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CITY OF MODESTO

COUNCIL AGENDA REPORT
DATE OF MEETING:

May 23, 2023
Date: May 10, 2023
TO: Mayor and City Council
FROM: Joseph P. Lopez, City Manager
SUBJECT: Mayor’s Final Budget Modifications and Fiscal Year 2023-24 Proposed Budget CONTACT: Steve Christensen, Budget Manager, [email protected] 209-577-5390
DESCRIPTION:

Consider and review the Draft Budget as submitted by the City Manager with the Mayor’s Final Budget Modifications and combining the documents into the Proposed Budget for Fiscal Year 2023-24 and noticing a Public Hearing to be held on June 6, 2023, for Council’s consideration and adoption of the Fiscal Year 2023-24 Proposed Budget and related actions. (Funding Source: All City 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:

There are specific steps to adopt a final budget according to the City of Modesto’s Charter.

Initial steps include the compilation and review of the City Manager’s Draft Budget. This Draft Budget is then submitted to the City Council’s Finance Committee for review under public budget workshops. These workshops occurred on April 17th, April 18th, and April 19th. The City Manager’s Draft Budget totals approximately $526 million in operating expenditures, of which $184.3 million is in the General Fund and $27.1 million is in the newly passed Measure H Sales Tax Fund. The public received notice of these workshops through the City’s website, social media, and other print media.

In accordance with Section 1303 of the City of Modesto Charter, the Mayor is to prepare and deliver final modifications, if any, to the Draft Budget at least forty-five (45) days prior to the new fiscal year. The Mayor has prepared her Final Budget Modifications Message which includes language related to final budget modifications. This message has been delivered to Councilmembers via email and will be made available to the public on the City’s website. The message will also be included in the final City of Modesto Fiscal Year 2023-24 Adopted Budget book.
#18..
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City Council, May 23, 2023
Mayor’s Final Budget Modifications and Fiscal Year 2023-24 Proposed Budget