Agenda packet — Modesto City Council, November 14, 2023 (part 3 of 3)

messaging (SMS) and web chat for local government websites. It enables local governments to automate customer service functions and fully integrates into the Granicus OneView Customer Relationship Management software platform (the engine for the new GoModesto application).

Citibot is the only software engine that (1) takes the written words in a text message and/or web chat from a citizen; (2) applies code that is embedded in an artificial intelligence solution to determine (a) if the resident is asking a question, (b) submitting a service request, or (c) sending a message: and (3) applies code that is embedded in an artificial intelligence solution to send automated responses back to the resident. In addition to providing information in a more natural language manner, Citibot is the only solution which can take a request for service (i.e., “My streetlight is out”) through the City’s website or the City’s GoModesto application and enter that request seamlessly into the City’s work order system, Lucity. This also means that any updates as to the status of that work order can be shared back to the requestor via the website or GoModesto and be accurate and consistent.

In addition, Citibot takes the data generated through the conversations between the resident and Citibot to present an analytics platform back to the City for real time decision making and analysis on how the website and GoModesto application are used and what information is being sought.

Modesto Municipal Code Section 8-3.203 generally requires all purchases which meet or exceed $100,000 for material, equipment, or contractual services to follow formal bid procedures. However, MMC 8-3.204(b) provides that a purchase may be exempted from the City’s formal bidding requirement where the Purchasing Agency’s requirements can be met solely by a single article or process. Here, the creation of service requests by the vendor’s artificial intelligence solution which can directly integrate with the City’s existing work order system, Lucity, makes their solution unique within the marketplace. Therefore, staff recommends the professional services and software subscription of this Agreement with Citibot, Inc. should be exempt from the formal bidding procedures in accordance with Modesto Municipal Code 8-3.204(b) since Citibot, Inc. is the Sole Provider of Software.

FISCAL IMPACT:

Year 1 will be funded from the Information Technology (IT) Fund 5230 with Years 2 and 3 being budgeted in an operating cost center within the IT Fund as a part of the annual budget development process and reimbursed two years in arrears as part of the IT Internal Service Fund allocation.

Year 1 Year 2 Year 3
Implementation
Services
$19,900 $0 $0
Subscription Fees $28,900 $30,400 $31,950
10% Contingency $ 4,880 $0 $0
Totals $53,680 $30,400 $31,950
COMMITTEE RECOMMENDATION:

This project was presented to the Finance Committee on October 23, 2023, and was recommended to forward to Council for approval.
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City Council, November 14, 2023
Citibot AI Chatbot for Website and GoModesto Application

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RECOMMENDED COUNCIL ACTION:

Staff Recommendations:

Resolution approving the Sole Source Agreement with Citibot, Inc. of Charleston, SC for Professional Services and Software Subscription in the amount of $111,150 plus a 10% contingency in year one of $4,880 for a total amount not to exceed $116,030 over three (3) years; and authorizing the City Manager, or his designee, to execute the Agreement.

Approved by:

Scott Conn, Chief Information Officer
Joseph P. Lopez, City Manager
Attachments:

1. Resolution – Reso_Citibot_111423_v1.1

2. Agreement – Citibot Subscription Agreement Modesto

3. Document – Citibot_Proposal_Modesto_V2

4. Document – Citibot Bid Waiver Approval Form - signed

5. Document – Sole Source Citibot Modesto
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11/14/2023/IT/JDotson/Item X 1 2023-XX

MODESTO CITY COUNCIL
RESOLUTION NO. 2023-

RESOLUTION APPROVING THE SOLE SOURCE AGREEMENT WITH
CITIBOT, INC. OF CHARLESTON, SC FOR PROFESSIONAL SERVICES AND SOFTWARE SUBSCRIPTION IN THE AMOUNT OF $111,150 PLUS A 10% CONTINGENCY IN YEAR ONE OF $4,880 FOR A TOTAL AMOUNT NOT TO EXCEED $116,030 OVER THREE (3) YEARS; AND AUTHORIZING THE CITY

MANAGER, OR HIS DESIGNEE, TO EXECUTE THE AGREEMENT
WHEREAS, on date July 11, 2023, Council approved Resolution No. 2023-345 for the award of an agreement for redesigning and rebuilding the GoModesto application to Granicus, and
WHEREAS, the City of Modesto is in the process of refreshing its external website (www.modestogov.com) and its smart device application (GoModesto), and WHEREAS, as part of these refresh efforts, staff intends to incorporate a generative artificial intelligence (AI) chatbot that will allow natural language queries to be submitted on the website and within the GoModesto application that will return natural language answers and/or take the individual to the requested webpage containing the data, and
WHEREAS, this offers an alternative way to find and retrieve desired information as opposed to clicking on buttons, drop-down menus, or tabs to find the same information, and
WHEREAS, after reviewing multiple generative AI chatbots, including those offered by our website host service, Civic Plus, and the GoModesto application provider, Granicus, staff agreed that the chatbot solution from Citibot was vastly superior at this time to any other available offerings, and
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11/14/2023/IT/JDotson/Item X 2 2023-XX
WHEREAS, Citibot, Inc. is the only company of its kind that has built, offered for sale, sold, and has active customers that connect an artificial intelligence driven conversational chatbot through text messaging (SMS) and web chat for local government websites, and
WHEREAS, it enables local governments to automate customer service functions and fully integrates into the Granicus OneView Customer Relationship Management software platform (the engine for the new GoModesto application), and WHEREAS, Citibot takes the data generated through the conversations between the resident and Citibot to present an analytics platform back to the City for real time decision making and analysis on how the website and GoModesto application are used and what information is being sought, and
WHEREAS, the Citibot AI chatbot is already capable of integrating with our Civic Plus website, Granicus GoModesto application, and our Lucity work order tracking system, and
WHEREAS, Modesto Municipal Code Section 8-3.203 generally requires all purchases, which meet or exceed $100,000 for material, equipment, or contractual services to be formally bid, and
WHEREAS, MMC § 8-3.204(b) provides that a purchase may be exempted from the City’s formal bidding requirement where the Purchasing Agency’s requirements can be met solely by a single article or process, and
WHEREAS, City staff has determined that MMC § 8-3.204(b) applies to this proposed agreement with Citibot, Inc.
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11/14/2023/IT/JDotson/Item X 3 2023-XX
NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Modesto that it hereby approves the Sole Source Agreement with Citibot, Inc. of Charleston, SC for Professional Services and Software Subscription in the amount of $111,150 plus a 10% contingency in year one of $4,880 for a total amount not to exceed $116,030 over three (3) years.

BE IT FURTHER RESOLVED that the City Manager or his designee are 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 14th day of November 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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Citibot Subscription Agreement
This Agreement is made by and between the City of Modesto, California (“City”) and Citibot, Inc. (“Citibot”), hereinafter referred to collectively as (the “Parties”), for the services outlined herein. This agreement is dated September 20, 2023.

1. Definitions. Capitalized terms used but not otherwise defined herein shall include the meanings ascribed thereto in the Terms of Service or Privacy Policy, as applicable. “Service” collectively refers to the Citibot City external and internal website chatbot customer service platform, and software and/ or services made available to Subscriber. The features include (1) questions and search result answers; (2) service request submittal (a list of search requests is referenced below by way of example and would be a part of an integration into Granicus OneView CRM, and (3) direct message and live chat that is initiated by the City. “Content” collectively refers to any and all information, including any text, graphics, and and/ or other materials, submitted to or made available through the Service. Content submitted to the Service by Subscriber or any Authorized User is referred to as “User Content,” and all other Content of the Service is referred to as “Citibot Content.” “Subscription” refers to the right granted by Citibot to Subscriber to access and use the Service and the Content, subject to the terms and conditions of the Subscription Agreement. “Authorized User” refers to each employee of Subscriber, citizens of Modesto, agents and/ or contractor of Subscriber authorized to access and use the Service and the Content.

2. Term; Termination.
a. Term. The initial term of the Subscription Agreement shall commence on the date of this Agreement’s execution by the Parties and continue in effect for three years at rates as specified in the post installation maintenance, hosting, support, and software as a service section as described below.
b. Effect of Termination. Upon the termination of this Agreement, the subscription and all rights granted to the City and the Authorized User(s) in the Subscription Agreement are immediately revoked, including, without limitation, all rights to use the Service, any portion thereof, and any Citibot Content obtained through the Service.

3. Installation Fee; Subscription Fee; Payment. Modesto is responsible for payment of the Subscription Fee as described in this Section. Payment shall be due to Citibot within thirty (30) days upon receipt of the Invoice, and the rates are presented in this table below. #18..
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Pricing Year 1 Year 2 Year 3
Implementation Fees $19,900 $0 $0
Annual Subscription - Web Chat External $11,900 $12,500 $13,150 Annual Subscription -
Web Chat Internal
$9,500 $9,900 $10,300
Multi-Language
Translation
$7,500 $8,000 $8,500
Total Annual Costs $48,800 $30,400 $31,950
Year 1
The pricing is reflected in the table above.

Implementation Fee: Upfront development and installation cost should consider the software cost as well as initial configuration and setup costs, initial license costs, training, implementation, and Trello Integration. Citibot will build a custom chatbot to answer residents’ questions and facilitate service request reporting. Citibot will deploy its language model in building the custom Modesto system and perform all the integration programming work for the Granicus OnceView CRM integration. Citibot will include its multi-language feature as well during the implementation phase.

1. Breakdown: This Cost considers installation fees as well as all costs associated with training and implementation with the City staff.

2. Web Chat Annual Subscription: Post Installation maintenance, hosting, support, and software as a service costs for both the external City Website and the Internal City Website for staff.
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Years 2-3
The pricing for Years 2-3 is reflected on the table above and are defined by the language in the Year 1 description above for each service category.

Years 4-5
The City of Modesto can exercise an option to auto-renew this agreement for a 4th and 5th Year prior to 30 days before the expiration of this Agreement. A 5.0% annual price increase would be applied for each communication channel subscription.
********
Service Requests Included in this system with a corresponding AI build conversational chat capability and available for a Salesforce integration when appropriate during the life of this Agreement

 Pothole
 Missed Trash Pickup
 Trash Can Repair
 Missed Recycling Pickup
 Recycling Can Repair
 Flooding
 Lost Dog
 Dead/Stray Animal
 Broken Street Sign
 Broken Traffic Light
 Broken Street Light
 Fallen Tree
 Broken Pavement/Sidewalk
 Noise issue (Barking Dog, for example)
 Tall Grass/Weeds
 Abandoned Vehicle
 Graffiti
 Hazardous Materials
 Illegal Dumping
 Mosquitos
 Prohibited Outside Storage
 Sewage
 Yard Upkeep
 Zoning Infractions
 Cave In
 Direct Message Submittal
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Other Service requests will be included upon Subscriber’s request as a part of implementation.

Additional, post-launch Service Requests can be added to the AI conversation flow for $95/hour and not to exceed 7 hours per service request.
******

4. Representation and Warranty. Each party represents and warrants to the other party that it has the full power to enter into the Subscription Agreement and to perform its obligations thereunder.

5. Software as a Service. Citibot is selling its software as a service. Thus, none of Citibot’s employees shall be deemed employees of the City.

6. Venue/Jurisdiction. This Agreement is governed by the laws of California. In the event litigation shall occur related to this contract, venue shall lie exclusively in the courts of Charleston County, California. If any action in law or equity is brought to enforce or interpret the provisions of this agreement, the prevailing party shall be entitled to reasonable attorney’s fees in addition to other relief to which it may be entitled.

7. Public Records. Citibot acknowledges that it is acting on behalf of a Public agency and that this Agreement is subject to the provisions of California Public Information Act and United States Freedom of Information Act regulations, and that Citibot must comply with the public records laws of the State of California.

City of Modesto, CA Citibot, Inc.
____________________________ __________________________ Signed CEO, W. Bratton Riley
____________________________ __________________________ Date Date
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Bid Waiver Approval Form
Supplier Name: Amount of Bid Waiver Request:

Supplier Contact: Supplier Phone No:

Are Federal Funds being utilized for portion of purchase? A bid waiver is required for any procurement commitment greater than $ 3,500 where a minimum of three bids are not obtained.

Justification for waiving the competitive bid requirements is limited to the following (provide detailed information in the comments section of form):

Reason for Bid Waiver - Check Box:

Sole Source - The item/service is unique in its specifications such that only one vendor is qualified to provide the good or service (Formal bidding exception under MMC 8-3.204(b))
OEM - Original Equipment Manufacturer / Distributor
Inflexible time constraints preclude the bidding process - Exigent circumstances (Formal bidding exception under MMC 8-3.204 (c))
The incumbent's cost, delivery and quality can be compared to a previous quote/bid obtained within the last six months, for the same or similar item/service (Total purchase must be less than $50,000)
Professional Services defined under MMC 8-3.103 (Formal bidding exception under MMC 8-3.204 (a))
Single Bid/Proposal More than one supplier could provide the goods or service, but only one supplier provided bid/proposal for solicitation.

Requisition No: Department:

Project Description:

The purchase of any item utilizing any Federal Funding must comply with current applicable Circular Yes No
Citibot 116030
Bratton Riley (843) 324-6167
Information Technology
AI Chatbot for Modesto Website, GoModesto App, and Intranet #18..
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Other (requires detailed comments)
Comments:

Approval Name Signature Date
Requestor
Division Manager
Department Director
Chief Information Officeri
Buyer
Purchasing Manager
Director of Finance
i Information technology (IT) purchases will require Chief Information Officer Signature Buyer Comments:

Citibot’s unique technology that connects an artificial intelligence driven conversational chatbot through text messaging (SMS) and web chat for the local government website that enables local governments to automate customer service and can integrate into the Granicus OneView CRM software platform. It is the only software engine that (1) takes the written words in a text message and/or web chat from a citizen; (2) applies code that is embedded in an artificial intelligence solution to determine (a) if the resident is asking a question, (b) submitting a service request, or (c) sending a message; and (3) applies code that is embedded in an artificial intelligence solution to send automated responses back to the resident. The amount includes a Year 1 amount of $48,800 plus a 10% contingency of $4,880 for a Year 1 total of $53,680, a Year 2 subscription total of $30,400 and a Year 3 subscription total of 31,950 for a 3-year total not to exceed $116,030. Funding will be established through ISF.

Paul Hardy
James Dotson
Scott Conn
Carolanne Wattle
Diane Love
DeAnna Christensen
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656 Ellis Oak Avenue, Chas. SC, 29412
843.324.6167
[email protected]
www.citibot.io
Scott Conn
Chief Information Officer
Modesto, CA
RE: Citibot Sole Sourced Letter: Our Unique Technology with a Granicus OneView CRM Integration

VIA EMAIL
Dear Scott:

I hope this letter finds you and your colleagues at the City of Modesto are doing very well. I am writing this letter to confirm Citibot’s unique position in the marketplace for local government AI powered chat through SMS and webchat with a Granicus OneView CRM Integration.

As of the date of this letter, Citibot, Inc. is the only company of its kind that has built, offered for sale, sold, and has active customers with Citibot’s unique technology that connects an artificial intelligence driven conversational chatbot through text messaging (SMS) and web chat for the local government website that enables local governments to automate customer service and can integrate into the Granicus OneView CRM software platform.

The Citibot engine is the only software engine that (1) takes the written words in a text message and/or web chat from a citizen; (2) applies code that is embedded in an artificial intelligence solution to determine (a) if the resident is asking a question, (b) submitting a service request, or (c) sending a message; and (3) applies code that is embedded in an artificial intelligence solution to send automated responses back to the resident.

The Citibot engine then takes the data coming from the resident responses to determine actions of sending a work order request, which would then be received through the Citibot API Management Platform and submitted through that platform into a work order management platform/CRM that can serve the City of Modesto: Granicus OneView CRM. When the work order is completed, an automatic text message is then sent back to the citizen confirming the fix and saying "Thank You." Finally, Citibot takes the data generated through the conversations between the resident and Citibot to present an analytics platform back to the City for real time decision making and analysis. #18..
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Citibot has integrated into Granicus OneView for the city of Perry, GA, Winston-Salem, NC, St. Cloud, FL, and Holly Springs, NC. With this system, residents can communicate through SMS chat and web chat service requests and messages that will be transferred into the Granicus OneView CRM App software platform in the proper location. For example, if a resident sends a chat message that reports a pothole, the information about the pothole, including location and chat history, Citibot will submit into the Granicus OneView CRM system directly to the Pothole Service Request section within the Granicus OneView CRM Software platform. When that pothole service request gets closed out in Granicus OneView CRM by the Modesto City Public Works Team, Citibot will relay this confirmation back to the resident that initially reported the pothole.

In sum, there is no other company in the market that has a fully built chatbot application with an out-ofthe-box integration into the Granicus OneView CRM API.

Citibot is already in North Carolina, Texas, Virginia, New Jersey, South Carolina, Colorado, Arizona, California, Florida, Georgia and other US states. Thank you very much for this opportunity to present this letter.

Sincerely,
W. Bratton Riley CEO
Citibot, Inc.
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CITY OF MODESTO

COUNCIL AGENDA REPORT
DATE OF MEETING:

November 14, 2023
Date: October 24, 2023
TO: Mayor and City Council
THROUGH: Joseph P. Lopez, City Manager
FROM: William Wong, Director of Utilities
SUBJECT: Engineering Services Agreement with Carollo Engineers River Trunk Rehabilitation Phase 1 Project
CONTACT: Cristian Ciotau, Senior Civil Engineer, [email protected], 209-577-5260 DESCRIPTION:

Consider an Engineering Services Agreement with Carollo Engineers, Inc. of Walnut Creek, CA, for the River Trunk Rehabilitation Phase 1 Project, in an amount not to exceed $935,000. (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:

Originally constructed in the 1940s, the River Trunk is approximately five (5) miles long, and it conveys flows from six major tributaries of the City’s collection system. Most segments of the River Trunk were constructed of unlined reinforced concrete pipe (RCP). The River Trunk begins near the intersection of Beard Avenue and Nathan Avenue and terminates at the City of Modesto Regional Water Recycling Facility – Sutter Campus (RWRF - Sutter Campus).

Pipeline sizes range from 24 to 66 inches in diameter.

Interior corrosion is present throughout the length of the pipeline. There are isolated sections that have recently failed or may be on the verge of failure. A segment of the River Trunk near 9 th Street Bridge failed in November of 2021 and was replaced with 420 linear feet (LF) of Advanced Drainage Systems (ADS) SaniTite polypropylene pipe. Also, in 2017 due to high levels in the Tuolumne River, a portion of the River Trunk failed adjacent to John Thurman Field. This portion was also relined, and sections replaced with high density polyethylene (HDPE) pipe, approximately 1100 LF.
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City Council, November 14, 2023
Engineering Services Agreement with Carollo Engineers
River Trunk Rehabilitation Phase 1 Project

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DISCUSSION:

While the City is currently in construction of two major projects to replace and redirect River Trunk flows away from the current line adjacent to the Tuolumne River and is in the process of re-designing a new River Trunk pump station, a recent closed-circuit television (CCTV) inspection of the River Trunk found that sections of the pipeline needed immediate repair. This project will focus on two high priority areas; downstream of the 7th Street junction structure (308 LF) and upstream of the Dryden Box located at the RWRF - Sutter Campus (922 LF). These proposed repairs will not be stranded assets, as after the three phases of the new River Trunk projects are completed, the existing trunk line is intended to be completely repaired and rehabilitated to provide redundancy for both the domestic and Cannery Segregation flows.

In addition, this project will also rehabilitate the two primary clarifiers and replace existing lawn areas with low maintenance, drought tolerant hardscape options at the RWRF – Sutter Campus.

Due to the magnitude and complexity of this project, and to increase efficiencies, staff has requested the use of a consultant to provide engineering services for the River Trunk Rehabilitation Phase 1 Project.

In accordance with Administrative Directive 3.1, Selection Procedures for Professional Consultants Who Provide Architectural and Engineering Services for Capital Projects, a Request for Proposal (RFP) was sent to four (4) pre-qualified consultants for Engineering Design Services for Wastewater Capital Improvement Program Projects.

On September 5, 2023, staff received and distributed two (2) proposals to a selection committee consisting of Utilities Engineering and Operations staff. The selection committee evaluated the proposals and determined Carollo Engineers Inc., of Walnut Creek, CA to be the most qualified and responsive. Carollo’s sealed cost proposal was opened, reviewed, and negotiated after the selection ranking had been finalized.

The scope of services to be provided under this Agreement include:
 Project Management
 Field Investigations
 Permitting Assistance
 Develop Construction Documents
 Bid Phase Services
 Engineering Support During Construction
In accordance with Modesto Municipal Code 8-3.204(a), Exceptions to Formal Bidding Requirements, this agreement is for professional services and, therefore, exempt from the bid requirement as long as the City informally solicits competitive bids and/or proposals. Staff satisfied this requirement by proceeding with the RFP process pursuant to Administrative Directive 3.1. Staff recommends approval of the Engineering Services Agreement with Carollo Engineers, Inc., of Walnut Creek, CA, for the River Trunk Rehabilitation Phase 1 Project. #19..
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City Council, November 14, 2023
Engineering Services Agreement with Carollo Engineers
River Trunk Rehabilitation Phase 1 Project

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FISCAL IMPACT:

Expenses associated with the River Trunk Rehabilitation Phase 1 Project will be housed in the following Capital Improvement Program Project:
101513 - River Trunk Rehabilitation Phase 1
ANTICIPATED PROJECT EXPENDITURES:

Construction $3,500,000
Construction Contingency $350,000
Construction Administration – City Staff $350,000
Engineering Services Agreement – Carollo $850,000
10% Additional Services, if needed $85,000
Engineering/Design/Administration – City Staff $150,000 TOTAL: $5,285,000

COMMITTEE RECOMMENDATION
This item was considered by the Finance Committee at the October 23, 2023 meeting, where it was recommended that it be forwarded to Council.

CEQA/NEPA REQUIREMENTS:

Staff will be utilizing an on-call CEQA Environmental Planning and Compliance consultant to determine the environmental requirements associated with the River Trunk Rehabilitation Phase 1 Project.

RECOMMENDED COUNCIL ACTION:

Staff Recommendations:

Resolution approving an Engineering Services Agreement with Carollo Engineers, Inc., of Walnut Creek, CA, for the River Trunk Rehabilitation Phase 1 Project in the amount of $850,000, plus $85,000 in additional services, if needed, for a total amount not to exceed $935,000 and authorizing the City Manager, or his designee, to execute the Agreement.

Resolution amending the Fiscal Year 2023-24 Capital Improvement Program Budget in the amount of $5,260,000 to be transferred into the Project from Wastewater Reserves to fund the River Trunk Rehabilitation Phase 1 Project and authorizing the City Manager, or his designee, to implement the provisions of this resolution.

Approved by:

William Wong, Director of Utilities
Joseph P. Lopez, City Manager
Attachments:
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City Council, November 14, 2023
Engineering Services Agreement with Carollo Engineers
River Trunk Rehabilitation Phase 1 Project

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1. Resolutions (2)

2. Carollo – Agreement

3. Carollo – Exhibits to Agreement
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11/14/2023/Utilities/CCiotau/Item X 1 2023-XX

MODESTO CITY COUNCIL
RESOLUTION NO. 2023-

RESOLUTION APPROVING AN ENGINEERING SERVICES AGREEMENT
WITH CAROLLO ENGINEERS, INC., OF WALNUT CREEK, CA, FOR THE RIVER TRUNK REHABILITATION PHASE 1 PROJECT IN THE AMOUNT OF $850,000, PLUS $85,000 IN ADDITIONAL SERVICES, IF NEEDED, FOR A TOTAL AMOUNT NOT TO EXCEED $935,000 AND AUTHORIZING THE CITY

MANAGER, OR HIS DESIGNEE, TO EXECUTE THE AGREEMENT
WHEREAS, the River Trunk was originally constructed in the 1940s, and WHEREAS, the River Trunk is approximately five miles long, and conveys flows from six major tributaries of the City’s collection system, and WHEREAS, a recent closed-circuit television (CCTV) inspection of the River Trunk found that sections of the pipeline needed immediate repair, and WHEREAS, due to the magnitude and complexity of this project, and to increase efficiencies, staff has requested the use of a consultant to provide engineering services for the River Trunk Rehabilitation Phase 1 Project, and
WHEREAS, in accordance with Modesto Municipal Code 8-3.204(a) Exceptions to Formal Bidding Requirements, this agreement is for professional services and, therefore, exempt from the bid requirement as long as the City informally solicits competitive bids, and staff satisfied this requirement by proceeding through the Request for Proposal (RFP) Process pursuant to Administrative Directive 3.1, and WHEREAS, an RFP was sent to four pre-qualified consultants for Engineering Design Services for Wastewater Capital Improvement Program Projects, and WHEREAS, the selection committee evaluated the proposals and determined Carollo Engineers Inc., of Walnut Creek, CA to be the most qualified and responsive. #19..
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11/14/2023/Utilities/CCiotau/Item X 2 2023-XX
NOW, THEREFORE BE IT RESOLVED, by the Council of the City of Modesto that it hereby approves an Agreement with Carollo Engineers, Inc., in the amount of $850,000, plus $85,000 in additional services (if needed), for a total amount not to exceed $935,000 for the River Trunk Rehabilitation Phase 1 Project.

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

AYES: Councilmembers:

NOES: Councilmembers:

ABSENT: Councilmembers:

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

BY: ____________________________________
JOSE M. SANCHEZ, City Attorney
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11/14/2023/Utilities/CCiotau/Item X 1 2023-XX

MODESTO CITY COUNCIL
RESOLUTION NO. 2023-
RESOLUTION AMENDING THE FISCAL YEAR 2023-24 CAPITAL
IMPROVEMENT PROGRAM BUDGET IN THE AMOUNT OF $5,260,000 TO

BE TRANSFERRED INTO THE PROJECT FROM WASTEWATER RESERVES TO FUND THE RIVER TRUNK REHABILITATION PHASE 1 PROJECT AND

AUTHORIZING THE CITY MANAGER, OR HIS DESIGNEE, TO IMPLEMENT

THE PROVISIONS OF THIS RESOLUTION
WHEREAS, certain budgetary transactions are necessary in the amount of $5,260,000, in order to fund the River Trunk Rehabilitation Phase 1 Project, and WHEREAS, the Fiscal Year 2023-24 Capital Improvement Program Budget must be amended.

NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Modesto that it hereby approves the amendment of the Fiscal Year 2023-24 Capital Improvement Program Budget in the amount of $5,260,000.

BE IT FURTHER RESOLVED that the City Manager, or his designee, is hereby authorized to implement the provisions of this resolution. #19..
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11/14/2023/Utilities/CCiotau/Item X 2 2023-XX
The foregoing resolution was introduced at a regular meeting of the Council of the City of Modesto held on the 14th day of November 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:

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

BY: ____________________________________
JOSE M. SANCHEZ, City Attorney
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-1-

ENGINEERING SERVICES AGREEMENT
RIVER TRUNK REHABILITATION PHASE 1 PROJECT
THIS AGREEMENT, made and entered into in the City of Modesto, State of California, this __ day of , 2023, (“Effective Date”) by and between the CITY OF MODESTO, a municipal corporation of the State of California, hereinafter referred to as "City", and CAROLLO ENGINEERS, INC., a Delaware corporation, hereinafter referred to as "Consultant".

This Agreement is made with regard to the following recitals:

A. The City has determined that Engineering Services are necessary for the River Trunk Pump Rehabilitation Phase 1 Project.

B. Consultant represents that it is qualified, willing and able to provide said services.

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

1. SCOPE OF SERVICES.

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

2. TERM OF AGREEMENT.

This Agreement is effective as of the date first written above and will continue in effect until City's acceptance of and payment for all services authorized by City and #19..
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performed by Consultant, unless terminated earlier in accordance with the provisions of the termination clause in this Agreement.

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

3. COMPENSATION.

Consultant agrees to accept a sum not to exceed EIGHT HUNDRED FIFTY THOUSAND AND 00/100 DOLLARS ($850,000) (maximum compensation) as full remuneration for performing all services and furnishing all staffing and materials for Modesto in accordance with Exhibit "A" attached hereto and for performance by Consultant of all of its duties and obligations under this Agreement, except that additional services may be compensated as described below.

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

If additional services are requested and approved, they will be billed at the hourly rates set forth in Exhibit “B” and may not exceed the amount requested and approved in writing by the City Manager. In that event, the new total compensation shall not exceed NINE HUNDRED THIRTY-FIVE THOUSAND AND 00/100 DOLLARS ($935,000). If additional services in excess of this amount are deemed necessary by City Staff, an amendment to this Agreement will be required and must be approved by the City Council prior to commencing the work, as provided in Paragraph 9 of this agreement.

4. OBLIGATIONS OF CONSULTANT.

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

In providing opinions of cost, financial analyses, economic feasibility projections, and schedules for potential projects, Consultant has no control over cost or price of #19..
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labor and material; unknown or latent conditions of existing equipment or structures that may affect operation and maintenance costs; competitive bidding procedures and market conditions; time or quality of performance of third parties; quality, type, management, or direction of operating personnel; and other economic and operational factors that may materially affect the ultimate project cost or schedule. Therefore, Consultant makes no warranty that the City’s actual project costs, financial aspects, economic feasibility, or schedules will not vary from Consultant’s opinions, analyses, projections, or estimates.

Consultant is not responsible for damage or delay in performance caused by events beyond the reasonable control of Consultant. In the event Consultant’s services are suspended, delayed or interrupted for the convenience of the City or delays occur beyond the reasonable control of Consultant, an equitable adjustment in Consultant’s time of performance and cost of Consultant’s personnel and subcontractors may be made.

5. OBLIGATIONS OF CITY.

The City shall furnish Consultant available studies, reports, and other data pertinent to Consultant’s services; obtain or authorize Consultant to obtain or provide additional reports and data as required; furnish to Consultant services of others required for the performance of Consultant’s services hereunder, and Consultant shall be entitled to use and rely upon all such information and services provided by the City or others in performing Consultant’s services under this agreement.

6. PERFORMANCE BY KEY EMPLOYEE.

Consultant has represented to City that Reace Fisher, will be the person primarily responsible for the performance of the services referred to in this Agreement. City has entered into this Agreement in reliance on that representation by Consultant. Consultant #19..
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therefore agrees that ten percent (10%) or more of the time to be devoted to the project that is the subject of this Agreement will be that of the above-named person.

7. 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.

Documents, including drawings and specifications, prepared by Consultant pursuant to this assignment are not intended or represented to be suitable for reuse by the City or others for this Project or on any other project. Any reuse of completed documents or use of partially completed documents without written verification or concurrence by Consultant for the specific purpose intended will be at the City’s sole risk and without liability or legal exposure to Consultant.

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.

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 #19..
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direct or indirect use by Consultant after termination of this Agreement without written consent of the City.

8. NEWS AND INFORMATION RELEASE.

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

9. INTEREST OF CONTRACTOR.

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

10. AMENDMENTS.

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

Until a change order is so executed, City will not be responsible to pay any charges Consultant may incur in performing such additional services, and Consultant shall not be required to perform any such additional services. #19..
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11. INDEPENDENT CONTRACTOR.

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

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

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

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

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

Consultant is permitted to provide services to others during the same period service is provided to City under this Agreement. If necessary, Consultant has the responsibility for employing other persons or firms to assist Consultant in fulfilling the terms and obligations under this Agreement.

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 #19..
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control of Consultant. All terms of employment including hours, wages, working conditions, discipline, hiring, and discharging or any other term of employment or requirement of law shall be determined by the Consultant.

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

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

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

12. ASSIGNMENT.

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

13. 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.

14. NOTICES.

Notice required by this Agreement shall be given in writing and shall be deemed given and effective upon receipt provided that such are delivered in accordance with the #19..
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provisions of this Section. Notices shall be delivered either by: (a) personal delivery (including delivery by an overnight courier service which obtains confirmation of receipt); or (b) by facsimile, provided that such transmission is followed by delivery by an overnight courier service which obtains confirmation of receipt; or (c) postage prepaid, return receipt requested, certified mail; or (d) by electronic transmission subject to reasonable proof that the notice was both transmitted and received. Each such notice shall be sent to the parties at the address respectively set forth below or to such other address as a party may designate by written notice given in accordance with the provisions of this Section:

FOR CONSULTANT: Name: Carollo Engineers
Address: 1401 Fulton Street
Suite 802
Fresno, CA 93721
Attention: Ryan Sellman
Phone: (559) 436-6616
Email: [email protected]
FOR CITY: Name: City of Modesto
Address: 1010 10th Street
Utilities Department – Engineering Division
Modesto, CA 95354
Attention: Cristian Ciotau
Phone: (209) 577-5260
Email: [email protected]

15. 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 reduction 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. #19..
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In the event the certificates of insurance required hereunder do not provide for notice of cancellation to the certificate holder and/or additional insureds, the Consultant shall provide, and shall require its subcontractors to provide, as an express condition precedent to payment hereunder, an endorsement from their insurers providing that the additional insureds identified herein shall be provided 30 days notice of the cancellation on the policies of insurance required hereunder (10 days notice if the policies are cancelled for non-payment of premium). In addition, the named insured on all such policies shall provide to the additional insureds identified herein any notices of cancellation of said insurance policies within 5 business days of receipt of such notice. The Consultant shall, as a further express condition precedent to payment for work performed, affirm under penalty of perjury that the required insurance on the project remains in place and said insurance has not been cancelled.
(a) Worker's Compensation - in compliance with the statutes of the State of California, plus employer's liability with a minimum limit of liability of $1,000,000. (b) General Liability insurance with a minimum limit of liability per occurrence of $1,000,000 for bodily injury and property damage. If Commercial General Liability Insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit. This insurance shall indicate on the certificate of insurance the following coverages and indicate the policy aggregate limit applying to: premises and operations; broad form contractual; independent consultants and subcontractors; products and completed operations as applicable.
(c) Automobile Liability insurance with a minimum limit of liability per occurrence of $1,000,000 for bodily injury and property damage. This insurance shall cover any automobile for bodily injury and property damage.
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(d) Professional Liability insurance with a minimum limit of $1,000,000 per claim and policy aggregate. If coverage is on a claims made basis it shall be maintained for at least three (3) years following completion of the work.

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

Failure of the Consultant to obtain and/or maintain any required insurance shall not relieve the Consultant from any liability under this Agreement, nor shall the insurance requirements be construed to conflict with or otherwise limit the obligations of the Consultant concerning indemnification. The City, its agents, officers, employees, and volunteers shall be named as an additional insured on all insurance policies required herein, except Workers' Compensation and Professional Liability. The Workers' Compensation insurer shall agree to waive all rights of subrogation against the City, its agents, officers, employees, and volunteers for losses arising from work performed by Consultant for the City. The Consultant's insurance policy(ies) shall include a provision that the coverage is primary as respects the City; shall include no special 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 #19..
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automobile liability insurance policies. In addition, CONSULTANT shall provide CITY with a Workers Compensation subrogation waiver by way of a separate endorsement. All endorsements referenced above must include the applicable policy number.

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

16. TERMINATION OF AGREEMENT.

Termination by City for Default of Consultant
Should Consultant default in the performance of this Agreement or materially breach any of its provisions, at its option, City may terminate this Agreement by giving written notification to Consultant. The termination date shall be the effective date of the notice. For the purposes of this section, material breach of this Agreement shall include, but not be limited to, any of the following: failure to perform required services or duties, willful destruction of City's property by Consultant, dishonesty or theft.

Termination by City for Convenience
The City may also terminate the Consultant's performance under the Agreement, either in whole or in part, at its own discretion, or when conditions encountered during the Work make it impossible or impracticable to proceed, or when the City is prevented from proceeding with the Agreement by act of God, by law, or by official action of a public authority, or upon a determination by the City that such termination is in the best interest and convenience of the City, or whenever the City is prohibited from completing the Work for any reason. The City shall provide no less than ten (10) calendar days written notice of its intent to terminate the Agreement for #19..
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convenience, and shall endeavor to provide the Consultant with consultation with the City prior to termination.

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

City will pay Consultant an amount based on the percentage of satisfactory work completed in accordance with the notice of termination. The final payment to the Consultant after termination for convenience shall be limited to amounts due and owing under the Agreement at time of termination, including the following:
a. The cost of settling and paying valid claims arising out of the termination of the Work such as subconsultant agreements or contracts for materials;
b. The Agreement price allocable to the portion of the Work properly performed or goods supplied to the work site by the Consultant as of the date of termination, as determined in accordance with the notice of termination, reduced by any sums #19..
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previously paid to the Consultant.

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

17. CERTIFIED PAYROLL REQUIREMENT.

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

18. INDEMNITY.

The Consultant shall hold the City, its agents, officers, employees, and volunteers, harmless from and save, defend and indemnify them against any and all claims, losses, liabilities, judgments or damages from every cause, including but not limited to injury to person or property or wrongful death, including reasonable costs and expenses of defense of any judicial or administrative action, arising directly or indirectly out of any negligent or intentional act or omission of Consultant, or its agents, officers, employees, or volunteers relating to or during the performance of its obligations under this Agreement. In no event shall the cost to defend charged to the Consultant exceed the Consultant’s proportionate percentage of fault. #19..
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However, notwithstanding the foregoing, in the event one or more defendants is unable to pay its share of defense costs due to bankruptcy or dissolution of the business, the Consultant shall meet and confer with other parties regarding unpaid defense costs.

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.

19. DISPUTE RESOLUTION.

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

This paragraph is not intended to and does not waive the claim filing requirements found in California Government Code section 900 et seq. In the event that a timely and legally sufficient, arbitrable claim is filed by Consultant with City, and the claim is rejected in whole or in part by City, this paragraph shall result in the conclusive, final, and binding resolution of all the issues presented in the claim by Consultant so long as any issues presented #19..
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by the claim are arbitrable. Claims rejected by City or by operation of law, shall be submitted by Consultant to arbitration pursuant to the Arbitration Rules of the American Arbitration Association within ninety (90) days after mailing of the written rejection by City to Consultant.

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

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

Both City and Consultant shall have the right, upon written notice, to take no more than three (3) depositions of the other as a matter of right in an arbitration proceeding under the “fast track” rules.

Whether or not City and Consultant may be engaged in interstate commerce, any controversy or dispute mentioned above shall be determined by, and the parties shall be bound by, the substantive law of the State of California, and not the Federal Arbitration Act at 9 USC Section 1 et seq.

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

Notwithstanding anything in this provision to the contrary, the arbitrator shall have no power to award punitive damages or other damages not measured by the party’s #19..
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actual damages (excluding litigation costs and fees) against any party. This limitation of the arbitrator’s powers under this Agreement shall not operate as an exclusion of the issue of punitive damages from this Agreement to Arbitrate sufficient to vest jurisdiction in a court with respect to that issue.

Consultant shall include in all subcontracts a specification whereby the subcontractor consents to being joined in an arbitration between City and Consultant involving the work of the subcontractor to be joined. Consultant’s failure to do so shall be a breach of this Agreement.

The parties hereby waive any rights provided by Title 9.2 of the California Code of Civil Procedure, Section 1296. The arbitrator’s award shall be deemed final, conclusive and binding to the fullest extent allowed by California law.

20. ENTIRE AGREEMENT.

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

21. 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. #19..
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22. 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.

23. 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.

24. GOVERNING LAW.

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

25. HEADINGS NOT CONTROLLING.

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

26. 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.
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27. CITY BUSINESS LICENSE.

Consultant will have a City of Modesto business license.

28. THIRD PARTIES.

The services to be performed by Consultant are intended solely for the benefit of the City. No person or entity not a signatory to this Agreement shall be entitled to rely on Consultant’s performance of its services hereunder, and no right to assert a claim against Consultant by assignment or indemnity rights or otherwise shall accrue to a third party as a result of this Agreement or the performance of Consultant’s services hereunder.

IN WITNESS WHEREOF, the City of Modesto, a municipal corporation, has authorized the execution of this Agreement by its City Manager and attestation by its City Clerk under authority of Resolution No. 2023- __ , adopted by the Council of the City of Modesto on the __ day of ___ , 2023, and CAROLLO ENGINEERS, INC. has caused this agreement to be duly executed as of the Effective Date. #19..
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City of Modesto
Final Design of the River Trunk Rehabilitation Phase 1
Scope and Fee (09/20/2023)
Carollo Engineers
Task 1 – Project Management
This task includes project administration and status meetings.

Task 1.01 – Project Administration
Carollo will administer the project and subconsultants to maintain the project schedule and budget.

The project progress and budget status will be included in monthly progress reports that will be attached to billing invoices. The monthly progress report will include a list of key work activities completed for the time period.

Task 1.02 – Project Kickoff Status Meetings
The project kick-off and bi-weekly status meetings during design will be conducted to coordinate the project tasks between the City, subconsultants, and other agencies. Work will include preparing meeting agendas and minutes. Anticipated project meetings include:
• Project kickoff meeting (City’s office).
• Monthly project status meetings (videoconference calls).

Task 1.03 – Implement Quality Control Program
Carollo will implement a quality control program to review each deliverable submitted to the City.

Each deliverable will be reviewed for both technical accuracy and overall quality of work.

Task 1 Deliverables
→ Monthly billing and status reports (total of 24).
→ Project kickoff meeting agenda and minutes (in PDF format). → Monthly project status meeting agenda and minutes (in email) (total of 12).

TASK 2 – FIELD INVESTIGATIONS+

EXHIBIT A
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Task 2.01 – Conduct Existing Utility Research
Carollo will perform existing utility research within the project area in accordance with the American Society of Civil Engineers (ASCE) 38-02 - Level “C” standard guidelines. Carollo will also develop utility coordination letters and provide them to all known utility owners.

Task 2.02 – Conduct Manhole Condition Assessment
The Project will include condition assessment of all manholes on the River Trunk in areas where the pipeline is planned to be rehabilitated. A Level 2 inspection will be performed by National Plant Services NASSCO MACP certified personnel. Inspection reports will be provided to the City.

Task 2.03 – Conduct Topographic Survey
This task will include the following topographic survey tasks. Our subconsultant, O’Dell Engineering, will conduct the following:

Field Survey. The field survey will locate existing features, such as:
• Rim and invert of the River Trunk manholes within the project limits. • River Trunk pipe diameter confirmation entering and exiting the manholes. • Existing utility locations.
• Edge of pavement limits.
• Nearby building planimetrics and limits.
• Landscape area at the Sutter Campus
The topographic survey will be based on the City control monuments and benchmarks. Horizontal controls will be based on the City control monuments (NAD83-1992 as identified on the City control survey map). Vertical control will be based on City benchmarks (NAVD-88 per City records).

Topographic Map. The topographic map will include features identified in the field survey. Utility structures will include rim elevations and invert elevations. Utility pipe sizes and flow directions will be noted based on field observations. All mapping will be completed using the most recent version of AutoCAD.

Task 2.04 – Conduct Condition Assessment on Primary Clarifiers Bay Area Coating Consultants, Inc. (BACC) will provide technical assistance including existing clarifiers coating condition assessment and rehabilitation recommendation recommendations with the steel and concrete structures. BACC will follow all SSPC, NACE, ICRI, AWWA, and ASTM current guidelines and standards. All BACC employees are confined space certified and lead awareness, scaffolding trained, and fit tested. The City will be responsible for safe entry and lockout and tagout. BACC will provide a written report with photographs and recommendations.

Task 2.05 – Conduct Geotechnical Investigation
The project will include the following geotechnical investigation tasks. Our subconsultant, Crawford & Associates, Inc., will provide the following services:

Determine exploration locations, determine site access, and mark our exploration locations for USA.

EXHIBIT A
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Obtain the required City of Modesto and Stanislaus County environmental health permits for borings.

Based on experience with the City, we assume that the fee for the permits will be waived.

Obtain the required encroachment permit for our work within the public right-of-way. We assume that the encroachment permit fees will be waived.

Perform two geotechnical borings.

Identify standard soil characteristics.

Identify current and historical groundwater elevation.

Prepare geotechnical report.

Task 2 Deliverables:

Topographic survey (electronic files).

Geotechnical investigation (electronic pdf).

Manhole condition assessment report.

Primary Clarifier Rehab Condition Assessment Report.

TASK 3 – PERMITTING ASSISTANCE
Task 3.01 – Encroachment Permit Coordination
Carollo will assist the City in obtaining draft permits for work within the City and County rights-ofway. Carollo will develop permit application packages. Contractor will be responsible for obtaining permits and paying fees. Application fees, if any, will be paid by the City. Per the RFP, the City is responsible for all aspects of environmental clearance; therefore no hours have been budgeted for assisting the City obtain environmental clearance.

Task 3 Deliverables:

Permit coordination and submittal packages (electronic files).

TASK 4 – DEVELOP RIVER TRUNK REHAB, CLARIFIER REHAB, AND LANDSCAPE

IMPROVEMENTS CONSTRUCTION DOCUMENTS
This task will develop a final plan, specifications, and cost estimate (PS&E) submittal package for the project. The City will provide Specifications Division 00 and 01 and Carollo will provide the technical specifications. The design package will include a single set of drawings to incorporate all three design elements (River Trunk Rehab, Primary Clarifier Rehab, and Landscape Design).

Task 4.01 – Develop 70 percent PS&E Submittal Package
Carollo will complete a 70 percent PS&E document submittal under this task. Five copies of the plans (half-size), specifications, and estimate will be provided to the City for review.

EXHIBIT A
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Task 4.02 – Conduct 70 percent PS&E Review Meeting
Carollo will conduct a review meeting to discuss the design components of the 70 percent PS&E documents after the City review period. The review meeting will take place at the City’s offices. The review meeting will focus on key items such as bypass pumping and work restrictions within the plant for the project.

Task 4.03 – Develop 90 percent PS&E Submittal Package
Carollo will develop a 90 percent PS&E document submittal under this task. Five copies of the plans (half-size), specifications, and estimate will be provided to the City for review. Carollo will incorporate comments from the 70 percent review into the 90 percent PS&E package and provide a comment response log to the City.

Task 4.04 – Conduct 90 Percent PS&E Review Meeting
Carollo will conduct a review meeting to discuss the 90 percent PS&E submittal and any questions that the City may have after the review period. The review meeting will be held at the City offices.

Task 4.05 – Develop Final PS&E Submittal Package
Carollo will develop a final PS&E document submittal and provide five copies of the plans (half-size), specifications, and estimate to the City. This submittal will be for final bid-ready documents. Carollo will incorporate comments from the 90 percent review into the final PS&E package and provide a comment response log to the City.

Task 4 Deliverables:
→ 70 percent PS&E submittal package (five hard copies and one PDF file). → 70 percent review meeting materials.
→ 70 percent review comment response log.
→ 90 percent PS&E submittal package (five hard copies and one PDF file). → 90 percent review meeting materials.
→ 90 percent review comment response log.
→ Final PS&E submittal package (five hard copies and one PDF file).

TASK 5 – BID PHASE SERVICES
Task 5.01 – Attend Pre-Bid Meeting
Under this task, Carollo will attend a pre-bid meeting to answer questions and discuss the overall project intent. The City will facilitate this meeting and issue meeting minutes.

EXHIBIT A
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Task 5.02 – Answer Bidder Questions/Provide Addenda
This task includes providing assistance to the City during the bidding period. The scope of work includes responding to bidders questions, preparing addenda to the contract documents during the advertisement period, and providing ongoing consultation and interpretation of the construction documents.

Task 5 Deliverables:
→ Addenda as required (assume one).

TASK 6 – ENGINEERING SERVICES DURING CONSTRUCTION (ESDC) Task 6.01 – Attend Pre-Construction Conference
Carollo will attend the pre-construction conference and answer questions as directed by the City. The City’s construction manager (CM) will prepare meeting minutes. Carollo will review meeting minutes.

Task 6.02 – Review Contractor’s Submittals
This task will include review and comment on the acceptability of contractor’s submittals for the City.

Carollo will review and respond to product and shop drawing submittals provided by the contractor and forwarded by the CM. Review comments will be returned to the CM for processing and distribution to the contractor and other parties. Per the RFP, 100 submittals are budgeted.

Task 6.03 – Respond to Requests for Information (RFIs)
Carollo will respond to contractor’s RFIs. This scope also assumes the CM will consider and evaluate the validity of the RFIs, questions, and modification requests prior to forwarding them to Carollo. Per the RFP, 50 RFIs are budgeted.

Task 6.04 – Attend Construction Meetings and Site Visits Carollo will attend bi-weekly construction meetings (teleconference anticipated), conduct site visits (a total of ten site visits budgeted) to monitor construction progress, and remain available to expedite resolutions to project challenges.

Task 6.05 – Review Proposed Change Orders
Carollo will review changes in project scope and/or schedule, as requested by the CM. Carollo’s scope of work will include review of the contractor-furnished supporting information; discussions with contractor and CM in the field; and preparation of technical documents—including supplemental drawings, specifications, etc.—to assist the CM with the preparation of change orders.

EXHIBIT A
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Task 6.06 – Perform Primary Clarifier Rehabilitation Inspection BACC will be onsite periodically during construction to inspect prep and coating of the existing primary clarifier metal mechanisms. Inspections will be per NACE. General inspection includes reviewing submittal and work plan from Contractor, confirming contractor adheres to NACE and contract documents during material prep and coating. It is assumed there will be 240 hours of inspection for this task. Due to different contractor’s means and methods this may take more or less time depending how they approach the work.

Task 6.07 – Prepare Punch List
When the project has reached substantial completion, Carollo’s design staff will walk the project site in the presence of the CM, City staff, and contractor and establish a list of items (punch list) to be completed before final completion. This list will be issued to the CM to add to the CM’s punch list.

Task 6.08 – Provide Record Drawings
The contractor is required to provide the City and CM with a final set of marked-up design drawings.

After substantial completion, Carollo will review the final version of the contractor’s as-built drawings compiled by the CM. Carollo will then prepare a set of record drawings based on the contractor’s mark-ups in electronic format and deliver the electronic documents to the City. Record drawings will be prepared using Carollo’s standard record drawing format.

Task 6 Deliverables:
→ Responses to submittals and RFIs.
→ One set of reproducible record drawings and digital files.

Scope Assumptions:
→ City will provide existing documents and record drawings to be reviewed. → City will provide updated GIS files that show property lines throughout the City. → All permit fees to be paid directly by the City or Contractor. → City will manage and provide all bid package reproduction and delivery to prospective bidders. → City to perform construction inspection and construction management services.

EXHIBIT A
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Principal-InCharge
Technical
Advisor QA/QC Project Manager Project Engineer Structural Lead Structural Engineer Modelling Lead Constructability Lead Land Survey Geotechnical Condition Assessment Ryan Sellman Tim
Taylor Greg Gould Reace Fisher Kyle Gourley Mike Dadik Kaushik Ryan Orgill Keith Corcoran Walnut Creek Sacramento Dallas Fresno Walnut Creek Walnut Creek Walnut Creek Reno Sacramento Walnut Creek Walnut Creek Walnut Creek $311 $349 $311 $263 $263 $349 $263 $263 $263 $224 $161 $143 $ 14.00 Modesto Modesto Hayward 10% 1 1.01 Project Administration 60 60 $ 15,780 $ 840 $ - $ 300 $ 16,920

1.02 Project Kickoff & Status Meetings 4 4 40 40 88 $ 23,680 $ 1,232 $ - $ 24,912 4 4 - 100 40 - - - - - - - 148 $ 39,460 $ 2,072 $ - $ - $ - $ - $ 300 $ 41,832 2 2.01 Conduct Existing Utility Research 2 24 2 28 $ 7,364 $ 392 $ - $ 120 $ 7,876

2.02 Conduct Manhole Condition Assessment 2 8 4 14 $ 3,526 $ 196 $ 3,000 $ 300 $ 7,022

2.03 Conduct Topographic Survey 2 8 4 14 $ 3,526 $ 196 $ 45,700 $ 4,570 $ 53,992

2.04 Conduct Condition Assessment on Primary Clarifier 2 8 4 4 18 $ 5,078 $ 252 $ 2,500 $ 250 $ 8,080

2.05 Conduct Geotechnical Investigation 2 8 4 4 18 $ 5,078 $ 252 $ 34,057 $ 3,406 $ 42,793 - - - 10 56 8 10 - - 8 - - 92 $ 24,572 $ 1,288 $ 45,700 $ 34,057 $ 5,500 $ 8,526 $ 120 $ 119,763 3 3.01 Encroachment Permit Coordination 2 2 4 8 16 $ 4,476 $ 224 $ - $ 4,700 2 2 - 4 8 - - - - - - - 16 $ 4,476 $ 224 - - - - -$ $ 4,700 4 4.01 Develop 70% PS&E Submittal Package 8 8 16 40 140 20 90 8 8 40 170 24 572 132,216 $ $ 8,008 $ - $ 250 $ 140,474

4.02 Conduct 70% PS&E Review Meeting 4 8 16 8 36 $ 9,660 $ 504 $ - $ 200 $ 10,364

4.03 Develop 90% PS&E Submittal Package 8 6 10 40 120 24 70 30 100 24 432 102,810 $ $ 6,048 $ - $ 250 $ 109,108

4.04 Conduct 90% PS&E Review Meeting 4 8 16 8 36 $ 9,660 $ 504 $ - $ 200 $ 10,364

4.05 Develop Final PS&E Submittal Package 4 4 8 20 60 12 40 20 70 24 262 $ 60,058 $ 3,668 $ 16,500 $ 1,650 $ 250 $ 82,126 28 18 34 116 352 56 216 8 8 90 340 72 1,338 314,404 $ $ 18,732 $ 16,500 $ - $ - $ 1,650 $ 1,150 $ 352,436 5 5.01 Attend Pre-Bid Meeting 2 8 8 8 26 $ 6,934 $ 364 $ - $ 200 $ 7,498

5.02 Answer Bidder Questions / Provide Addenda 2 12 20 20 16 70 $ 16,874 $ 980 $ - $ 17,854 4 - - 20 28 - 28 - - - 16 - 96 $ 23,808 $ 1,344 $ - $ - $ - $ - $ 200 $ 25,352 6 6.01 Attend Pre-Construction Conference 4 8 8 8 28 $ 7,556 $ 392 $ - $ 200 $ 8,148

6.02 Review Contractor's Submittals 16 16 80 140 30 110 392 107,820 $ $ 5,488 $ 10,000 $ 1,000 $ 124,308

6.03 Respond to Requests for Information (RFIs) 8 8 25 40 20 30 16 147 $ 39,821 $ 2,058 $ - $ 41,879

6.04 Attend Construction Meetings and Site Visits 16 30 60 40 146 $ 39,166 $ 2,044 $ - $ 2,000 $ 43,210

6.05 Review Proposed Change Orders 4 4 16 24 4 16 68 $ 18,764 $ 952 $ - $ 19,716

6.06 Perform Primary Clarifier Rehabilitation Inspection (optional) 16 8 8 32 $ 9,872 $ 448 $ 31,251 $ 3,125 $ 44,696

6.07 Prepare Punch List 4 8 8 8 28 $ 7,556 $ 392 $ - $ 166 $ 8,114

6.08 Provide Record Drawings 4 2 8 4 12 40 70 $ 14,866 $ 980 $ - $ 15,846 72 28 - 169 288 66 232 - - - 56 - 911 245,421 $ $ 12,754 $ 10,000 $ - $ 31,251 $ 4,125 $ 2,366 $ 305,917 110 52 34 419 772 130 486 8 8 98 412 72 2,601 652,141 36,414 72,200 34,057 36,751 14,301 4,136 850,000 Notes:
(1) Project Equipment and Communication Expense (PECE)
Task 7 Total
Project Totals
Task 4 Total
Develop Construction Documents
Task 5 Total
Bid Phase Services
Task 6 Total
Engineering Services During Construction
Field Investigations
Task 3 Total
Permitting Assistance
O'Dell Engineering Crawford &
Associates
National Plant
Services/BAC
Project Management
Task 1 Total
Senior CAD
Technician
CAD
Technician
Document
Processing Total
Hours
Labor
Cost
PECE 1

CITY OF MODESTO
FINAL DESIGN OF THE RIVER TRUNK REHABILITATION PHASE 1

FEE ESTIMATE
Task Description
Carollo Engineers Subconsultants
Subconsultant
Markup (10%)
Other Direct
Costs
(Mileage,
Printing, etc.)

PROJECT
TOTAL
https://carolloh2o-my.sharepoint.com/personal/rsellman_carollo_com/Documents/Desktop/Modesto/River Trunk Rehab Phase 1/Fee Estimate River Trunk 09-20-23.xlsx 9/20/2023

EXHIBIT B
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CITY OF MODESTO

COUNCIL AGENDA REPORT
DATE OF MEETING:

November 14, 2023
Date: October 24, 2023
TO: Mayor and City Council
THROUGH: Joseph P. Lopez, City Manager
FROM: William Wong, Director of Utilities
SUBJECT: Engineering Services Agreement with Carollo Engineers River Trunk Realignment – Pump Station Project
CONTACT: Cristian Ciotau, Senior Civil Engineer, [email protected], 209-577-5260 DESCRIPTION:

Consider approving an Engineering Services Agreement with Carollo Engineers, Inc. of Walnut Creek, CA, for the River Trunk Realignment – Pump Station Project, in an amount not to exceed $2,750,742. (Funding Source: Wastewater Fund)
STRATEGIC PLAN ELEMENT:

BACKGROUND:

The 2007 Wastewater Collection System Master Plan (WWCSMP) identified key hydraulic and condition deficiencies in the City’s wastewater collection system; These conclusions were reevaluated as part of the 2016 WWCSMP. The River Trunk Realignment was one of the main priority projects identified in the 2016 WWCSMP and addresses deficiencies in the River Trunk, Sutter Trunks, and Beard Brook Siphon.

The River Trunk consists of a pipeline that ranges from 24-inches to 60-inches in diameter that conveys flow from the Beard Industrial Park to the City of Modesto Regional Water Recycling Facility – Sutter Campus (RWRF - Sutter Campus). The total length of the River Trunk is approximately five miles and conveys approximately 24 percent of the City’s domestic wastewater flow. The Beard Brook Siphon consists of a 48-inch diameter trunk that starts at the west end of Oregon Drive, at the Gallo facility, and crosses under Beard Brook Park to Morton Boulevard. The current location of the River Trunk, adjacent to the Tuolumne River, poses access limitations to operations staff and could be subject to catastrophic damage in the event of elevated river flows. The Beard Brook Siphon also poses access limitations. As City staff evaluated these projects, consideration was given to realigning the River Trunk away from its current location to an alternate route within the public right-of-way and replacing the Beard #20..
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City Council, November 14, 2023
Engineering Services Agreement with Carollo Engineers
River Trunk Realignment – Pump Station Project

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Brook Siphon with a gravity system. Additional consideration was given to realigning the Sutter Trunk to connect to the new River Trunk.

On April 1, 2014, by Resolution No. 2014-121, Council approved an Agreement with Carollo Engineers, Inc., (Carollo) for preparation of a Preliminary Design Report (PDR), which serves as the basis of design for the Project. The PDR evaluated improvements necessary, determined the most economical and beneficial approach, and evaluated different alternatives to address the existing deficiencies of the River Trunk.

The PDR confirmed that the existing River Trunk does not provide adequate capacity to convey peak wet weather flows, exposing the City to the risk of public health impacts and fines from sewer system overflows (SSOs). Additional flow capacity is required for the River Trunk to prevent SSOs in highly environmentally sensitive areas, such as Dry Creek and the Tuolumne River.

On March 1, 2016, by Resolution No. 2016-125, Council approved an Agreement with Carollo for Final Design Services for the River Trunk Realignment Project. The scope of the Agreement included the design of a major lift station and force-mains (River Trunk Pump Station - Project No. 1), the gravity sewer crossing under Beard Brook Park and gravity system along Colorado Avenue (River Trunk Gravity System – Project No. 2), and a pump station for the Shackelford Crossing (River Trunk Shackelford – Project No. 3). Upon completion of these three projects the former River Trunk will be available as a redundant system for domestic and cannery waste flows, providing increased reliability for industrial users and reduced liability in the event of a failure by preventing the discharge of raw sewage into the Tuolumne River. River Trunk Gravity System – Project No. 2 and River Trunk Shackelford – Project No. 3 are currently under construction.

DISCUSSION:

The River Trunk Pump Station was originally designed to be located at a property owned by the Tuolumne River Regional Park (TRRP) near the intersection of B Street and 9th Street. In 2017, near the end of the design phase of the project, it was discovered that the property had a deed restriction requiring it to be used as a park due to grant funding that had been previously received from the State and Federal Governments.

Over the course of the next several years design was placed on hold while the City diligently negotiated with the relevant grant funding agencies to remove the deed restrictions but were unable to obtain the necessary approvals.

In 2021, the City explored an opportunity to purchase land near the intersection of 10th Street and Morton Avenue. However, after numerous discussions, it was determined that the property was not a feasible location for the River Trunk Pump Station.

In 2022, the City looked into whether or not it would be possible to construct the River Trunk Pump Station within the unused portion of the Morton Avenue Right-of-Way (ROW) between 9th Street and B Street. This segment of ROW is approximately 80 feet wide and 500 feet long. #20..
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City Council, November 14, 2023
Engineering Services Agreement with Carollo Engineers
River Trunk Realignment – Pump Station Project

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Due to the tight space and the numerous deep structures required for the River Trunk Pump Station, it was determined that the ROW was not large enough to accommodate the project.

The City determined that the triangular property located at 131 9th Street (southwest corner of B Street and 9th Street) would be an appropriate location for the River Trunk Pump Station. This property is large enough to adequately construct, operate, and maintain the necessary facilities; For these reasons, staff negotiated the purchase of the property.

On July 11, 2023, by Resolution No. 2023-357, Council approved the purchase of the property located at 131 9th Street, Modesto.

On September 18, 2023, staff received a revised proposal from Carollo Engineers, Inc., of Walnut Creek, CA for the redesign of the River Trunk Pump Station at the new location.

As the Engineer of Record, Carollo will be overseeing the Project Management, Field Investigations, Permitting, Easement Acquisition, Stakeholder Coordination, Development of Construction Documents, Constructability Review Assistance and Bid Phase Services necessary to relocate the River Trunk Pump Station from the original design site location to the City’s newly acquired property located at 131 9th Street.

Modesto Municipal Code Section 8-3.203 generally requires all purchases, which meet or exceed $100,000 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 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.” Here, it has been determined that contracting with Carollo will result in the lowest possible cost at the desired quality. Carollo was previously hired, in accordance with the requirements of the Modesto Municipal Code, to do the initial design work for this project and is the Engineer of Record. Hiring another engineering firm to perform the new design work required by the change of location will result in the duplication of effort and increased costs because the new engineer will have to become familiar with the project and will be relying on Carollo’s previous work.

Staff recommends approval of an Engineering Services Agreement with Carollo Engineers, Inc. for the River Trunk Realignment – Pump Station Project.

FISCAL IMPACT:

Expenses associated with the River Trunk Realignment - Pump Station Project will be housed in the following Capital Improvement Program Project:
100646 - River Trunk Realignment
ANTICIPATED PROJECT EXPENDITURES:

Construction $75,000,000
Construction Contingency $7,500,000
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City Council, November 14, 2023
Engineering Services Agreement with Carollo Engineers
River Trunk Realignment – Pump Station Project

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Construction Administration
Construction Management Firm and City Staff
$7,500,000
Engineering Services Agreement – Carollo $2,500,674
10% Additional Services, if needed $250,068
Engineering/Design/Administration Services During Construction Engineering Firm and City Staff
$5,300,000
TOTAL: $98,050,742
COMMITTEE RECOMMENDATION:

This item was considered by the Finance Committee at the October 23, 2023 meeting, where it was recommended that it be forwarded to Council.

CEQA/NEPA REQUIREMENTS:

Environmental review has been provided through the 2017 Wastewater Master Plan Environmental Impact Report (EIR) (SCH # 2016062033) certified by Council on January 28, 2020.

RECOMMENDED COUNCIL ACTION
Staff Recommendation:

Resolution approving an Engineering Services Agreement with Carollo Engineers, Inc., of Walnut Creek, CA, for the River Trunk Realignment – Pump Station Project in the amount of $2,500,674, plus $250,068 in additional services, if needed, for a total amount not to exceed $2,750,742 and authorizing the City Manager, or his designee, to execute the Agreement.

Approved by:

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

1. Resolution

2. Carollo – Agreement

3. Carollo – Exhibits to Agreement
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11/14/2023/Utilities/CCiotau/Item XX 1 2023-XX

MODESTO CITY COUNCIL
RESOLUTION NO. 2023-

RESOLUTION APPROVING AN ENGINEERING SERVICES AGREEMENT
WITH CAROLLO ENGINEERS, INC., OF WALNUT CREEK, CA, FOR THE RIVER TRUNK REALIGNMENT – PUMP STATION PROJECT IN THE
AMOUNT OF $2,500,674, PLUS $250,068 IN ADDITIONAL SERVICES, IF NEEDED, FOR A TOTAL AMOUNT NOT TO EXCEED $2,750,742 AND

AUTHORIZING THE CITY MANAGER, OR HIS DESIGNEE, TO EXECUTE

THE AGREEMENT
WHEREAS, the 2007 Wastewater Collection System Master Plan (WWCSMP) identified key hydraulic and condition deficiencies in the City’s wastewater collection system, and
WHEREAS, these conclusions were re-evaluated as part of the 2016 WWCSMP, and
WHEREAS, the River Trunk Realignment was one of the main priority projects identified in the 2016 WWCSMP and addresses deficiencies in the River Trunk, Sutter Trunks, and Beard Brook Siphon, and
WHEREAS, the current location of the River Trunk, adjacent to the Tuolumne River, poses access limitations to operations staff and could be subject to catastrophic damage in the event of elevated river flows, and
WHEREAS, staff evaluated these projects, and consideration was given to realigning the River Trunk away from its current location to an alternate route within the public right-of-way and replacing the Beard Brook Siphon with a gravity system, and WHEREAS, additional consideration was given to realigning the Sutter Trunk to connect to the new River Trunk, and
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11/14/2023/Utilities/CCiotau/Item XX 2 2023-XX
WHEREAS, on April 1, 2014, by Resolution No. 2014-121, Council approved an Agreement with Carollo Engineers, Inc., (Carollo) for preparation of a Preliminary Design Report (PDR), which serves as the basis of design for the Project, and WHEREAS, on March 1, 2016, by Resolution No. 2016-125, Council approved an Agreement with Carollo for Final Design Services for the River Trunk Realignment Project, and
WHEREAS, the River Trunk Pump Station was originally designed to be located at a property owned by the Tuolumne River Regional Park (TRRP) near the intersection of B Street and 9th Street, and
WHEREAS, near the end of the design phase of the project, it was discovered that the property had a deed restriction due to grant funding that had been previously received from the State and Federal Governments, and
WHEREAS, on July 11, 2023, by Resolution No. 2023-357, Council approved the purchase of the property located at 131 9th Street, Modesto, and WHEREAS, on September 18, 2023, staff received a revised proposal from Carollo Engineers, Inc., of Walnut Creek, CA for the redesign of the River Trunk Pump Station at the new location, and
WHEREAS, as the Engineer of Record, Carollo will be overseeing the Project Management, Field Investigations, Permitting, Easement Acquisition, Stakeholder Coordination, Development of Construction Documents, Constructability Review Assistance and Bid Phase Services necessary to relocate the River Trunk Pump Station from the original design site location to the City’s newly acquired property located at 131 9th Street, and
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11/14/2023/Utilities/CCiotau/Item XX 3 2023-XX
WHEREAS, Modesto Municipal Code Section 8-3.203 generally requires all purchases, which meet or exceed $100,000 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 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,” and
WHEREAS, it has been determined that contracting with Carollo will result in the lowest possible cost at the desired quality since Carollo did the initial design work for this project and is the Engineer of Record.

NOW, THEREFORE BE IT RESOLVED, by the Council of the City of Modesto that it hereby approves an Agreement with Carollo Engineers, Inc., in the amount of $2,500,674, plus $250,068 in additional services (if needed), for a total amount not to exceed $2,750,742 for the River Trunk Realignment – Pump Station Project.

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

AYES: Councilmembers:

NOES: Councilmembers:
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11/14/2023/Utilities/CCiotau/Item XX 4 2023-XX
ABSENT: Councilmembers:

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

BY: ____________________________________
JOSE M. SANCHEZ, City Attorney
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ENGINEERING SERVICES AGREEMENT
RIVER TRUNK REALIGNMENT – PUMP STATION PROJECT
THIS AGREEMENT, made and entered into in the City of Modesto, State of California, this __ day of , 2023, (“Effective Date”) by and between the CITY OF MODESTO, a municipal corporation of the State of California, hereinafter referred to as "City", and CAROLLO ENGINEERS, INC., a Delaware corporation, hereinafter referred to as "Consultant".

This Agreement is made with regard to the following recitals:

A. The City has determined that Engineering Services are necessary for the River Trunk Realignment – Pump Station Project.

B. Consultant represents that it is qualified, willing and able to provide said services.

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

1. SCOPE OF SERVICES.

2. TERM OF AGREEMENT.

This Agreement is effective as of the date first written above and will continue in effect until City's acceptance of and payment for all services authorized by City and #20..
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performed by Consultant, unless terminated earlier in accordance with the provisions of the termination clause in this Agreement.

3. COMPENSATION.

Consultant agrees to accept a sum not to exceed TWO MILLION FIVE HUNDRED THOUSAND SIX HUNDRED SEVENTY-FOUR AND 00/100 DOLLARS ($2,500,674) (maximum compensation) as full remuneration for performing all services and furnishing all staffing and materials for Modesto in accordance with Exhibit "A" attached hereto and for performance by Consultant of all of its duties and obligations under this Agreement, except that additional services may be compensated as described below.

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

City shall pay Consultant on a time and materials basis for Consultant’s actual costs for all work called for in Exhibit “A” to this Agreement. All work to be performed under this Agreement shall be billed at the hourly rates set forth in Exhibit “B” attached hereto, Consultant shall submit monthly invoices to City which include detailed tasks, hours worked, and billable rates for all work completed, and detailed receipts for any out-of-pocket costs paid by Consultant in connection with work performed on this project. #20..
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Additional services may be authorized by the City Manager in an amount up to, but not to exceed ten percent (10%) of the agreed maximum compensation, or TWO HUNDRED FIFTY THOUSAND SIXTY-EIGHT AND 00/100 DOLLARS ($250,068). In the event that additional services are deemed necessary, the Consultant shall provide a written request to the City Manager indicating the reason for additional work, scope and cost of such work. The City Manager shall provide a written response to the request, either approving or denying the additional expenditure. If additional services are requested and approved, they will be billed at the hourly rates set forth in Exhibit “B” and may not exceed the amount requested and approved in writing by the City Manager. In that event, the new total compensation shall not exceed TWO MILLION SEVEN HUNDRED FIFTY THOUSAND SEVEN HUNDRED FORTY-TWO AND 00/100 DOLLARS ($2,750,742). If additional services in excess of this amount are deemed necessary by City Staff, an amendment to this Agreement will be required and must be approved by the City Council prior to commencing the work, as provided in Paragraph 9 of this agreement.

4. OBLIGATIONS OF CONSULTANT.

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

Consultant warrants that it has all of the necessary professional capabilities and experience, as well as all tools, instrumentalities, facilities and other resources necessary to provide the City with the services contemplated by this Agreement. Consultant further warrants that it will follow the best current, generally accepted and professional practices to make findings, render opinions, prepare factual presentations, and provide professional advice and recommendations regarding this project.
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In providing opinions of cost, financial analyses, economic feasibility projections, and schedules for potential projects, Consultant has no control over cost or price of labor and material; unknown or latent conditions of existing equipment or structures that may affect operation and maintenance costs; competitive bidding procedures and market conditions; time or quality of performance of third parties; quality, type, management, or direction of operating personnel; and other economic and operational factors that may materially affect the ultimate project cost or schedule. Therefore, Consultant makes no warranty that the City’s actual project costs, financial aspects, economic feasibility, or schedules will not vary from Consultant’s opinions, analyses, projections, or estimates.

5. OBLIGATIONS OF CITY.

6. PERFORMANCE BY KEY EMPLOYEE.

Consultant has represented to City that Tim Taylor, will be the person primarily responsible for the performance of the services referred to in this Agreement. City has #20..
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entered into this Agreement in reliance on that representation by Consultant. Consultant therefore agrees that ten percent (10%) or more of the time to be devoted to the project that is the subject of this Agreement will be that of the above-named person.

7. OWNERSHIP OF DOCUMENTS/TITLE TO DATA.

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 #20..
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direct or indirect use by Consultant after termination of this Agreement without written consent of the City.

8. NEWS AND INFORMATION RELEASE.

9. INTEREST OF CONTRACTOR.

10. AMENDMENTS.

11. INDEPENDENT CONTRACTOR.

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

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 #20..
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control of Consultant. All terms of employment including hours, wages, working conditions, discipline, hiring, and discharging or any other term of employment or requirement of law shall be determined by the Consultant.

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

12. ASSIGNMENT.

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

13. PATENT/COPYRIGHT MATERIALS.

14. NOTICES.

Notice required by this Agreement shall be given in writing and shall be deemed given and effective upon receipt provided that such are delivered in accordance with the #20..
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provisions of this Section. Notices shall be delivered either by: (a) personal delivery (including delivery by an overnight courier service which obtains confirmation of receipt); or (b) by facsimile, provided that such transmission is followed by delivery by an overnight courier service which obtains confirmation of receipt; or (c) postage prepaid, return receipt requested, certified mail; or (d) by electronic transmission subject to reasonable proof that the notice was both transmitted and received. Each such notice shall be sent to the parties at the address respectively set forth below or to such other address as a party may designate by written notice given in accordance with the provisions of this Section:

FOR CONSULTANT: Name: Carollo Engineers
Address: 2880 Gateway Oaks Drive
Suite 300
Sacramento, CA 95833
Attention: Tim Taylor
Phone: (916) 576-4713
Email: [email protected]
FOR CITY: Name: City of Modesto
Address: 1010 10th Street
Utilities Department – Engineering Division
Modesto, CA 95354
Attention: Cristian Ciotau
Phone: (209) 577-5260
Email: [email protected]

15. 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 reduction 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. #20..
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In the event the certificates of insurance required hereunder do not provide for notice of cancellation to the certificate holder and/or additional insureds, the Consultant shall provide, and shall require its subcontractors to provide, as an express condition precedent to payment hereunder, an endorsement from their insurers providing that the additional insureds identified herein shall be provided 30 days notice of the cancellation on the policies of insurance required hereunder (10 days notice if the policies are cancelled for non-payment of premium). In addition, the named insured on all such policies shall provide to the additional insureds identified herein any notices of cancellation of said insurance policies within 5 business days of receipt of such notice. The Consultant shall, as a further express condition precedent to payment for work performed, affirm under penalty of perjury that the required insurance on the project remains in place and said insurance has not been cancelled.
(a) Worker's Compensation - in compliance with the statutes of the State of California, plus employer's liability with a minimum limit of liability of $1,000,000. (b) General Liability insurance with a minimum limit of liability per occurrence of $1,000,000 for bodily injury and property damage. If Commercial General Liability Insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit. This insurance shall indicate on the certificate of insurance the following coverages and indicate the policy aggregate limit applying to: premises and operations; broad form contractual; independent consultants and subcontractors; products and completed operations as applicable.
(c) Automobile Liability insurance with a minimum limit of liability per occurrence of $1,000,000 for bodily injury and property damage. This insurance shall cover any automobile for bodily injury and property damage.
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(d) Professional Liability insurance with a minimum limit of $1,000,000 per claim and policy aggregate. If coverage is on a claims made basis it shall be maintained for at least three (3) years following completion of the work.

CONSULTANT shall provide CITY with separate endorsements evidencing proof of the CITY’s additional insured status as to both the general liability and #20..
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automobile liability insurance policies. In addition, CONSULTANT shall provide CITY with a Workers Compensation subrogation waiver by way of a separate endorsement. All endorsements referenced above must include the applicable policy number.

16. TERMINATION OF AGREEMENT.

Termination by City for Convenience
The City may also terminate the Consultant's performance under the Agreement, either in whole or in part, at its own discretion, or when conditions encountered during the Work make it impossible or impracticable to proceed, or when the City is prevented from proceeding with the Agreement by act of God, by law, or by official action of a public authority, or upon a determination by the City that such termination is in the best interest and convenience of the City, or whenever the City is prohibited from completing the Work for any reason. The City shall provide no less than ten (10) calendar days written notice of its intent to terminate the Agreement for #20..
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convenience, and shall endeavor to provide the Consultant with consultation with the City prior to termination.

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

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

17. CERTIFIED PAYROLL REQUIREMENT.

18. INDEMNITY.

The Consultant shall hold the City, its agents, officers, employees, and volunteers, harmless from and save, defend and indemnify them against any and all claims, losses, liabilities, judgments or damages from every cause, including but not limited to injury to person or property or wrongful death, including reasonable costs and expenses of defense of any judicial or administrative action, arising directly or indirectly out of any negligent or intentional act or omission of Consultant, or its agents, officers, employees, or volunteers relating to or during the performance of its obligations under this Agreement. In no event shall the cost to defend charged to the Consultant exceed the Consultant’s proportionate percentage of fault. #20..
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However, notwithstanding the foregoing, in the event one or more defendants is unable to pay its share of defense costs due to bankruptcy or dissolution of the business, the Consultant shall meet and confer with other parties regarding unpaid defense costs.

19. DISPUTE RESOLUTION.

This paragraph is not intended to and does not waive the claim filing requirements found in California Government Code section 900 et seq. In the event that a timely and legally sufficient, arbitrable claim is filed by Consultant with City, and the claim is rejected in whole or in part by City, this paragraph shall result in the conclusive, final, and binding resolution of all the issues presented in the claim by Consultant so long as any issues presented #20..
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by the claim are arbitrable. Claims rejected by City or by operation of law, shall be submitted by Consultant to arbitration pursuant to the Arbitration Rules of the American Arbitration Association within ninety (90) days after mailing of the written rejection by City to Consultant.

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

Notwithstanding anything in this provision to the contrary, the arbitrator shall have no power to award punitive damages or other damages not measured by the party’s #20..
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actual damages (excluding litigation costs and fees) against any party. This limitation of the arbitrator’s powers under this Agreement shall not operate as an exclusion of the issue of punitive damages from this Agreement to Arbitrate sufficient to vest jurisdiction in a court with respect to that issue.

20. ENTIRE AGREEMENT.

21. PARTIAL INVALIDITY.

22. WAIVER.

23. AUDIT.

24. GOVERNING LAW.

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

25. HEADINGS NOT CONTROLLING.

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

26. COMPLIANCE WITH LAWS.

27. CITY BUSINESS LICENSE.
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Consultant will have a City of Modesto business license.

28. THIRD PARTIES.

IN WITNESS WHEREOF, the City of Modesto, a municipal corporation, has authorized the execution of this Agreement by its City Manager and attestation by its City Clerk under authority of Resolution No. 2023- __ , adopted by the Council of the City of Modesto on the __ day of ___ , 2023, and CAROLLO ENGINEERS, INC. has caused this agreement to be duly executed as of the Effective Date. #20..
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EXHIBIT A

SCOPE OF SERVICES
Final Design Services for the
River Trunk Realignment Project
River Trunk Pump Station Improvements Project

BACKGROUND
The purpose of this scope of work is to provide final design services for the River Trunk Pump Station (RTPS) Improvements Project (Project). The Project includes field investigations, permitting and easement acquisition, development of construction documents, participating in a constructability review to complete the final design of the Project. This Project will relocate the RTPS from the original design site location to the City’s newly acquired property at the intersection of B Street and 9th Avenue and update the design.

The Project includes construction of the new gravity trunk from the east connection on Gallo’ property to the new RTPS site location, the RTPS facilities, the portion of the B Street sewer realignment that crosses through the pump station site, and a portion of the River Trunk force mains that will discharge to the River Trunk Gravity Improvements Project.

Engineering Services during Construction (ESDC) are not included in this scope of services and will be developed at a later date once the design of the Project is completed.

GENERAL ASSUMPTIONS
This scope of work is based on the following general assumptions:
• Carollo Engineers, Inc. (Consultant) developed the 95% design of the River Trunk Pump Station for the City of Modesto (City) in 2017. Consultant will relocate and reconfigure the pump station and ancillary structures to the new site. At the new site, the structures will remain in relatively similar positions to each other as compared to the 95% design.
• It is understood that the City is considering constructing a fire station at the site and the fire station may be co-located with the pump station. Consultant will develop the preliminary design of the pump station site under task 400.01. The City will provide direction regarding the fire station design and impacts to the pump station site design during the preliminary site development task 400.01.
• The key assumptions of the RTPS design have not changed from the 95% submittal.

This includes the system hydraulics and pump sizing, mechanical piping, HVAC design, wetwell configuration, and the electrical building and electrical system.

Consultant will update the design of these facilities to current code and complete the design for the new site but we will not perform major redesign of the facilities. • Consultant will update the specifications and design of facilities to the current code. • Consultant will meet with the City’s Fire Marshall to update the new Fire Marshall on the design and previous discussions. Consultant hosted several meetings with the

EXHIBIT A
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Consultant assumes there will be no major changes to the fire suppression and HVAC systems from the previous discussions with the Fire Marshall.

SCOPE OF SERVICES
The scope of services includes the following tasks.

TASK 100 - PROJECT MANAGEMENT
Project management includes managing the project team, coordinating with subconsultants, managing the scope and budget and project meetings.

Task 100.01 - Project Administration. Consultant will administer the project and subconsultants to maintain project schedule and budget. The project progress, budget and schedule status will be included in monthly progress reports that will be attached to billing invoices.

Additionally, the monthly progress report will include a list of work completed for the timeperiod, meeting minutes for all meetings held during the time period, and an updated decision log.

Task 100.02 – Project Status Meetings. Consultant will conduct project status meetings with the City over the anticipated schedule of the Project. It is anticipated that the project schedule will be fourteen (14) months from Notice to Proceed (NTP). Consultant will prepare an agenda and meeting minutes for each of these meetings. All specific task workshops are listed under their respective tasks. Anticipated project meetings are identified below:
• Project Kick-off Meeting (City’s office) (In person)
• Project Monthly Status Meetings (City's office) (Thirteen (13) total) (Virtual) Task 100.03 - Implement Quality Control Program. Consultant will implement a quality control program to review each deliverable submitted to the City. A Project Management Plan (PMP) signed by the Quality Control Manager will initially be submitted to the City describing Consultant's quality control procedures. Each deliverable will be reviewed for both technical accuracy and overall quality of work.

Task 100.04 - Develop RTPS Prequalification Documents for General Contractors. Consultant will prepare a Request for Qualification (RFQ) to prequalify general contractors for bidding on the River Trunk Pump station project. The RFQ will be based on standard guidelines of the industry and include, but not limited to: related pump station construction experience, related deep excavation construction experience, bonding capacity, safety records, construction equipment available, assigned personnel, and references. In addition, City will print, sell, and mail RFQs to prospective contractors. Consultant will respond to proposer questions and review the RFQs and make recommendations to the City as to which contractors should be prequalified.

Task 100 Assumptions:
• Project length to be fourteen (14) months.

EXHIBIT A
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• Utilize existing RTPS prequalification document as starting point.

Task 100 Deliverables:
• Monthly status reports. (Total of fourteen)
• Meeting agendas and minutes. (Total of fourteen)
• Schedule updates. (Total of fourteen)
• Project Management Plan (PMP)
• Updated decision logs.
• DRAFT RTPS Prequalification Documents. (One PDF file) • FINAL RTPS Prequalification Documents. (One PDF file) TASK 200 - FIELD INVESTIGATIONS
Task 200.01 - Conduct Topographic Survey. The following topographic survey tasks will be performed for the new pump station site. This task augments the existing topographic information obtained during the previous design phase. Our subconsultant, Northstar Engineering Group, Inc. (Northstar), will conduct the following:

Pump Station Site Topographic Survey
• Perform research, office calculations, and a Field Survey to perform a boundary survey for the parcel shown as APN 103-006-002 and combine into the land net established for the pump station site.
• Perform a Field Survey to collect existing ground surface elevations, building, fencing, visible utilities with inverts, B Street and 9th Street fronting the project, pavement, and other site features required for the site design.
• Combine the collected points into the existing Topographic Survey file, update the digital terrain model, and draft the additional features. • Provide updated electronic AutoCAD drawing file and point listing.

Task 200.02 - Conduct Geotechnical Investigation. The following geotechnical investigation tasks will be performed for all of the defined alignments. Our subconsultant, Crawford & Associates, Inc. (CAInc), will conduct the following:

Permits, USA Marking, and Notification
• Determine exploration locations, determine site access, and mark our exploration locations for USA,
• Coordinate with a drilling subcontractor,
• Meet with representative of the City of Modesto or owner staff familiar with onsite utilities to clear our boring locations, and
• Obtain a City of Modesto Environmental Health Permit for the borings.

EXHIBIT A
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Proposed Field Exploration
Location Explorations Depth
Wet Well Area1 1 boring 90 to 120 ft
Biofilter Structures 2 borings 25 to 35 ft
Generator and Overflow
Structures 1 boring 90 to 120 ft
Electrical Building 1 boring 30 to 40 ft
Utility pipelines 2 to 3 borings 10 to 15 ft
Pavement Areas 2 to 3 borings 5 ft
1The Wet Well Boring will be converted into a piezometer.

Previous 2016 explorations will be used to address the new flow meter vault location.

The drilling contractor will advance the borings with a truck- or track-mounted drill rig using 4 to 8-inch-diameter hollow and/or solid stem augers and mud-rotary techniques, as appropriate.

At each boring location, our Engineer/Geologist will direct the sampling intervals and log the borings. We will sample at 5-foot intervals to the bottom of each hole. We will perform Standard Penetration Test (SPT) and Modified California drive sampling with a 140-pound automatic hammer with a 30-inch drop within the borings to obtain samples and blow count information. The borings will be backfilled according to the environmental health permit.

Following completion of the Wet Well Boring, a piezometer will be installed and measured once monthly, for twelve months to determine the fluctuations in the groundwater elevation below the site.

Laboratory Testing
Perform the following laboratory tests on selected soil samples retrieved from the borings.

The final testing schedule will depend on project design and the findings of the field investigation.
• Moisture content/unit weight,
• 200 wash and grain size analysis,
• Plasticity index,
• Corrosivity testing,
• R-value testing, and
• Unconfined compressive and/or direct shear strength testing.

EXHIBIT A
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Review available geotechnical, geologic, and seismic information for the site including:
• Geologic Maps
• Fault Maps
• Seismic Hazard Maps
• Previous Geotechnical Reports
Perform engineering analysis and calculations to determine geotechnical design parameters and provide recommendations for:
• Site-specific response spectrum per ASCE 7-16 requirements including PGAm for liquefaction.
• Spread and mat foundation recommendations including minimum dimensions, bearing capacity, settlement, and skin friction and passive pressure to resist sliding. • Liquefaction and seismic settlement estimates.
• Composite modulus of soil reaction for pipeline design. • Seismic and static buoyancy and lateral forces for below ground structures. • Flexible pavement sections based on TIs provided by others.

Draft Geotechnical Report
Following the fieldwork, laboratory testing, and analysis, CAInc will prepare a Geotechnical Report for the proposed improvements including the following:
• Scope of work,
• Project description,
• Field exploration,
• Subsurface soil conditions,
• Groundwater elevations encountered during our fieldwork and measured within the piezometer,
• Laboratory testing results,
• CBC site specific seismic design parameters,
• Site specific ground motion analysis,
• Liquefaction and seismic settlement estimates,
• Key Geotechnical considerations,
• Geotechnical recommendations for the various structures including allowable bearing capacity, skin friction, settlement estimates, buoyancy forces, static and seismic earth pressures, foundation type(s), and minimum depth/width, • Geotechnical recommendations for the pipeline portion of the project including subgrade modules for pipe wall thickness design,
• New pavement sections based on traffic indexes provided by others,

EXHIBIT A
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• Risk management and Limitations,
• Vicinity Map, Geologic map, Fault map,
• Site plan with exploration locations, and
• Exploration logs with laboratory test results.

Task 200.03 - Conduct Existing Utility Research and Coordination. Consultant will coordinate with existing utility owners regarding locations, record documents, and work being performed by utility companies. Consultant will develop utility coordination letters and provide to all known utility owners. Cordination meetings will be virtual.

Task 200.04 - Develop/Implement Potholing Plan. Under this task Consultant will develop and implement a proposed potholing plan for the Project. Coordination with the field survey will be conducted in order to include the pothole locations with the survey information. Potholes will be backfilled with excavated material and locations within paved areas will be rehabilitated in accordance with City standards. Consultant to be on-site during potholing operations.

Task 200 Assumptions:
• City to pay all field investigation permitting fees directly. • Total of two (2) utility coordination meetings per known utility company. (Virtual) Task 200 Deliverables:
• Topographic survey information.
• DRAFT and FINAL Geotechnical Investigation Report.
• Utility coordination letters.
• Total of ten (10) potholes.
• DRAFT and FINAL Pothole Investigation Summary.

TASK 300 - PERMITTING, EASEMENT ACQUISITION AND STAKEHOLDER COORDINATION Task 300.01 - Develop Permitting Documents. The following permitting tasks will be performed for all of the defined alignments. Our subconsultant, O'Dell Engineering (O'Dell), will prepare and submit to the City, through the Consultant, the required regulatory agency permits as presented on attached Table.

Task 300.02 - Develop Easement Acquisition Documents. Under this task the easement documents will be developed for the City to process. Our subconsultant, Northstar Engineering Group, Inc. (Northstar), will conduct the following:

Permanent and Temporary Construction Easements
Prepare Plat and Legal Description documents for Permanent Utility Easement (PUE) and Temporary Construction Easement documents for review by the City. Incorporate review

EXHIBIT A
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Task 300.03 - Stakeholder Coordination Assistance. Under this task, stakeholder coordination assistance will be provided. Consultant will attend coordination meetings with identified stakeholders to address project concerns. The City will be the main point of contact for all stakeholder meetings. It is assumed that a total of six (6) stakeholder meetings will be attended.

Task 300.04 - Environmental (CEQA) Coordination Assistance. Under this task, environmental coordination assistance will be provided. Consultant will provide revisions to Project description as requested by the City.

Task 300 Assumptions:
• City to pay all regulatory agency permitting fees directly. • Total required permits per table.
• City to process and acquire easements.
• Total of two (2) permanent and two temporary construction easements required. • City to be lead contact for stakeholders.
• Total of six (6) stakeholder meetings to be attended as follows:
o Total of three (3) meetings w/ Gallo
o Total of one (1) meeting w/ Tuolumne River Regional Park o Total of two (2) meetings with local community members • City to be lead contact for environmental regulatory agencies. • City to obtain project environmental (CEQA) clearance. • No environmental clearance meetings required.
• City to be lead on environmental clearance work.

Task 300 Deliverables:
• Permit application and documents.
• DRAFT and FINAL easement documents.
• Required project information from Stakeholder coordination. • Required project information for environmental (CEQA) clearance.

TASK 400 - DEVELOP RTPS CONSTRUCTION DOCUMENTS
Under this task the final Plans, Specifications, and Estimate (PS&E) will be developed for the Project.

Task 400.01 – Confirm RTPS Site Layout. Under this task, Consultant will develop a formal site layout for the newly proposed property. The revised RTPS site layout will be presented to the City for review and approval.

EXHIBIT A
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Task 400.03 - Conduct 75% PS&E Review Workshop. A workshop to discuss the design components of the 75% PS&E documents will be conducted after the City review period. The workshop will be held at the City offices. The workshop will focus on the key facilities and discuss item design components for the project.

Task 400.04 - Develop 95% PS&E Submittal Package. Development of a 95% PS&E document submittal will be completed under this task. Five copies of the plans (half-size), specifications, and estimate will be provided to the City for review. Comments from the 75% review will be incorporated into the 95% PS&E package and a Comment Response Log provided to the City.

Task 400.05 - Conduct 95% PS&E Review Meeting. A review meeting will be conducted to discuss the 95% PS&E submittal and any questions that the City may have after the review period.

Task 400.06 - Develop FINAL PS&E Submittal Package. Development of a FINAL PS&E document submittal will be completed under this task. Five copies of the plans (half-size), specifications, and estimate will be provided to the City. This submittal will be for final Bid Ready documents. Comments from the 95% review will be incorporated into the FINAL PS&E package and a Comment Response Log provided to the City.

Task 400 Assumptions:
• City to route and review all documents provided.
• City to attend all review workshops and meetings.
• City to print, sell and mail RFQ's to prospective contractors.

Task 400 Deliverables:
• Revised RTPS Site Layout.
• 75% PS&E submittal package. (Five hard (11x17) copies and one PDF file) • 75% Review Workshop materials.
• 75% Review Comment Response Log.
• 95% PS&E submittal package. (Five hard (11x17) copies and one PDF file) • 95% Review Meeting materials.
• 95% Review Comment Response Log.
• FINAL PS&E submittal package. (Five hard (11x17) copies and one PDF file (22x34)) TASK 500 - PROVIDE CONSTRUCTABILITY REVIEW ASSISTANCE
Under this task, Consultant will provide assistance during a Third Party Constructability Review for the Project. City will provide, under separate contract, a Constructability Review Team.

Task 500.01 - Attend Constructability Review Workshop. Consultant to attend City managed Constructability Review workshop. It is assumed that the workshop will be one day in length.

EXHIBIT A
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Task 500 Assumptions:
• City to provide Constructability Review team under separate contract. • City to manage and schedule constructability review.

Task 500 Deliverables:
• 75% PS&E Constructability Review package. (Five hard copies and one PDF file) • 75% Constructability Review Comment Response Log.

TASK 600 - BID PHASE SERVICES
Task 600.01 - Attend Pre-Bid Meeting. Under this task Consultant will attend a pre-bid meeting to answer questions and discuss overall project intent. The City will facilitate this meeting and issue meeting minutes.

Task 600.02 - Answer Bidder Questions/Provide Addendums. This task includes providing assistance, to the City during the bidding period. The scope of work includes responding to bidders questions, preparing addenda to the contract documents during the advertisement period, and providing ongoing consultation and interpretation of the construction documents.

Task 600.03 - Conformed Documents. Following the bid period, Consultant will prepare conformed construction documents (plans and specifications) and provide copies to the City for use during construction.

Task 600 Assumptions:
• City to manage pre-bid meeting.
• City to attend all review workshops and meetings.
• City to print, sell and mail RFQ's to prospective contractors.

Task 600 Deliverables:
• Addenda as required (Five (5) total)
• Conformed documents (Ten (10) total sets - Half size 11x17) • Conformed documents (Five (5) total sets - Full size 22x34)

TIME OF PERFORMANCE
Time of performance will be based on attached Schedule (Exhibit D).

EXHIBIT A
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EXHIBIT B

ESTIMATED ENGINEERING HOURS AND COSTS
City of Modesto
River Trunk Pump Station Improvements Project
SellmanTaylorMarshallBauneQuirozCarvalhoBauneZappone
Struct. EI&C Civil PECE

SP SP SP PP PP PP PP PP AP
Rates $327 $366 $347 $347 $347 $347 $347 $347 $242 $200 $150 Hours Budget $15.00 10.0%
Column 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Task 100 - PROJECT MANAGEMENT
100.01 Project Administration 24 40 0 40 0 0 0 0 24 0 24 152 $45,797 $2,280 $0 $7,200 $3,500 $0 $0 $0 $0 $0 $10,700 $1,070 $0 $0 $14,050 $59,847 100.02 Project Status Meetings (14 Total) 36 56 0 56 14 14 14 14 72 14 28 318 $95,584 $4,770 $0 $13,500 $0 $15,200 $0 $0 $0 $0 $28,700 $2,870 $0 $150 $36,490 $132,074 100.03 Implement Quality Control Program 2 2 16 8 0 0 0 0 0 0 40 68 $15,728 $1,020 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $1,020 $16,748 100.04 Develop Pump Station Prequalification Documents for General Contractors 2 2 2 8 0 0 16 0 40 0 16 86 $22,494 $1,290 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $1,290 $23,784 Task 100 Total Hours 64 100 18 112 14 14 30 14 136 14 108 624 Task 100 Total Budget $20,928 $36,600 $6,246 $38,864 $4,858 $4,858 $10,410 $4,858 $32,912 $2,800 $16,200 $179,603 $9,360 $0 $20,700 $3,500 $15,200 $0 $0 $0 $0 $39,400 $3,940 $0 $150 $52,850 $232,453 Task 200 - FIELD INVESTIGATIONS
200.01 Conduct Topographic Survey 0 2 0 4 0 0 2 0 8 8 2 26 $6,651 $390 $10,000 $0 $0 $0 $0 $0 $0 $0 $10,000 $1,000 $0 $0 $11,390 $18,041 200.02 Conduct Geotechnical Investigation 2 2 0 4 4 0 2 0 8 4 2 28 $7,893 $420 $0 $0 $0 $123,700 $0 $0 $0 $0 $123,700 $12,370 $0 $0 $136,490 $144,383 200.03 Conduct Existing Utility Research and Coordination 2 2 0 8 0 0 0 0 40 8 4 64 $16,044 $960 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $960 $17,004 200.04 Develop/Implement Potholing Plan 0 2 0 4 0 0 0 0 24 4 2 36 $9,029 $540 $0 $0 $0 $0 $0 $35,000 $0 $0 $35,000 $3,500 $0 $150 $39,190 $48,219 Task 200 Total Hours 4 8 0 20 4 0 4 0 80 24 10 154
Task 200 Total Budget $1,308 $2,928 $0 $6,940 $1,388 $0 $1,388 $0 $19,360 $4,800 $1,500 $39,617 $2,310 $10,000 $0 $0 $123,700 $0 $35,000 $0 $0 $168,700 $16,870 $0 $150 $188,030 $227,647 Task 300 - PERMITTING, EASEMENT ACQUISITION AND STAKEHOLDER COORDINATION 300.01 Develop Permitting Documents 4 8 16 16 0 0 0 0 16 0 4 64 $19,816 $960 $0 $0 $15,000 $0 $10,000 $0 $0 $0 $25,000 $2,500 $0 $0 $28,460 $48,276 300.02 Develop Easement Acquisition Documents 2 4 16 8 0 0 0 0 4 0 0 34 $11,415 $510 $10,000 $0 $0 $0 $0 $0 $0 $0 $10,000 $1,000 $0 $0 $11,510 $22,925 300.03 Stakeholder Coordination Assistance 24 48 0 48 0 0 0 0 48 24 24 216 $62,112 $3,240 $0 $16,200 $5,000 $0 $0 $0 $0 $0 $21,200 $2,120 $0 $250 $26,810 $88,922 300.04 Environmental (CEQA) Coordination Assistance 4 4 0 8 0 0 0 0 16 4 4 40 $10,823 $600 $0 $0 $5,000 $0 $0 $0 $0 $0 $5,000 $500 $0 $0 $6,100 $16,923 Task 300 Total Hours 34 64 32 80 0 0 0 0 84 28 32 354
Task 300 Total Budget $11,118 $23,424 $11,104 $27,760 $0 $0 $0 $0 $20,328 $5,600 $4,800 $104,166 $5,310 $10,000 $16,200 $25,000 $0 $10,000 $0 $0 $0 $61,200 $6,120 $0 $250 $72,880 $177,046 Task 400 - DEVELOP RTPS CONSTRUCTION DOCUMENTS
400.01 Confirm RTPS Site Layout 4 8 0 40 8 8 8 8 40 40 0 164 $46,903 $2,460 $0 $0 $0 $0 $11,000 $0 $0 $11,000 $1,100 $0 $0 $14,560 $61,463 400.02 Develop 75% PS&E Submittal Package 16 40 40 200 200 200 200 200 440 440 40 2016 $581,259 $30,240 $0 $29,000 $0 $5,200 $20,000 $0 $15,600 $0 $69,800 $6,980 $0 $0 $107,020 $688,279 400.03 Conduct 75% PS&E Review Workshop 8 8 0 8 8 8 8 8 8 4 4 72 $22,764 $1,080 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $250 $150 $1,480 $24,244 400.04 Develop 95% PS&E Submittal Package 16 24 80 160 160 160 160 160 480 480 120 2000 $549,584 $30,000 $0 $26,000 $0 $6,200 $16,000 $0 $0 $5,000 $53,200 $5,320 $0 $0 $88,520 $638,104 400.05 Conduct 95% PS&E Review Meeting 4 4 0 4 0 0 4 4 4 8 4 36 $10,107 $540 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $250 $150 $940 $11,047 400.06 Develop FINAL PS&E Submittal Package 8 16 40 40 16 16 16 16 80 80 40 368 $99,819 $5,520 $0 $23,000 $0 $0 $8,000 $0 $0 $0 $31,000 $3,100 $1,000 $0 $40,620 $140,439 Task 400 Total Hours 56 100 160 452 392 392 396 396 1052 1052 208 4656 Task 400 Total Budget $18,312 $36,600 $55,520 $156,844 $136,024 $136,024 $137,412 $137,412 $254,584 $210,400 $31,200 $1,310,436 $69,840 $0 $78,000 $0 $11,400 $55,000 $0 $15,600 $5,000 $165,000 $16,500 $1,500 $300 $253,140 $1,563,576 Task 500 - PROVIDE CONSTRUCTABILITY REVIEW ASSISTANCE
500.01 Attend Constructability Review Workshop 8 8 0 8 8 8 8 8 4 4 4 68 $21,796 $1,020 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $1,020 $22,816 500.02 Respond to Constructability Review Comments 0 4 0 16 4 4 4 4 40 16 16 108 $27,855 $1,620 $0 $10,000 $0 $5,550 $9,000 $0 $0 $0 $24,550 $2,455 $0 $0 $28,625 $56,480 Task 500 Total Hours 8 12 0 24 12 12 12 12 44 20 20 176 Task 500 Total Budget $2,616 $4,392 $0 $8,328 $4,164 $4,164 $4,164 $4,164 $10,648 $4,000 $3,000 $49,651 $2,640 $0 $10,000 $0 $5,550 $9,000 $0 $0 $0 $24,550 $2,455 $0 $0 $29,645 $79,296 Task 600 - BID PHASE SERVICES
600.01 Attend Pre-Bid Meeting 0 8 0 8 0 0 0 0 8 0 2 26 $7,943 $390 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $150 $540 $8,483 600.02 Answer Bidder Questions/Provide Addendums 16 40 0 80 40 40 40 40 80 40 40 456 $136,539 $6,840 $0 $10,000 $0 $5,200 $5,000 $0 $0 $0 $20,200 $2,020 $0 $0 $29,060 $165,599 600.03 Assist in Award Recommendation 2 4 0 4 0 0 0 0 8 0 4 22 $6,045 $330 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $330 $6,375 600.04 Provide Conformed Documents 2 4 0 8 0 0 0 0 40 80 40 174 $36,589 $2,610 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $1,000 $0 $3,610 $40,199 Task 600 Total Hours 20 56 0 100 40 40 40 40 136 120 86 678 Task 600 Total Budget $6,860 $21,504 $0 $36,400 $14,560 $14,560 $14,560 $14,560 $34,544 $25,200 $13,588 $187,116 $10,170 $0 $10,000 $0 $5,200 $5,000 $0 $0 $0 $20,200 $2,020 $1,000 $150 $33,540 $220,656 Total Hours 186 340 210 788 462 458 482 462 1532 1258 464 6642 Total Costs $ 61,142 $ 125,448 $ 72,870 $ 275,136 $ 160,994 $ 159,606 $ 167,934 $ 160,994 $ 372,376 $ 252,800 $ 70,288 $ 1,870,589 $ 99,630 $ 20,000 $ 134,900 $ 28,500 $ 161,050 $ 79,000 $ 35,000 $ 15,600 $ 5,000 $ 479,050 $ 47,905 $ 2,500 $ 1,000 $ 630,085 $ 2,500,674 Crawford Bennett Trenchless Gabel Energy Subtotals Total ODCs Total Cost
Subconsultant
Misc.

Costs and
OdellArrowDelve Underground
Printing Travel
TASK

CAROLLO OTHER DIRECT COSTS COST SUMMARY
PIC PM QA/QC PE Mech.

CADD Tech. Clerical
Subtotals
Northstar Blackwater
https://carolloh2o-my.sharepoint.com/personal/ttaylor_carollo_com/Documents/Documents/Data/Modesto/9551A10/Contracts/00 Revise RTPS Location/05 Scope Budget 15Sept23/Modesto RTPS Project No. 1 Design Budget v4.xlsx

EXHIBIT B
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CITY OF MODESTO

COUNCIL AGENDA REPORT
DATE OF MEETING:

November 14, 2023
October 23, 2023
TO: Mayor and City Council
THROUGH: Joseph P. Lopez, City Manager
FROM: Jessica Hill, Director of Community & Economic Development SUBJECT: Appeal of the Board of Zoning Adjustment Decision on September 28, 2023, Denying a Variance Request
CONTACT: Diana Lowrance, Senior Planner, [email protected], 209-577-5302 DESCRIPTION:

Hearing to consider an appeal by Cody Alkire, to deny his Variance request to permit existing fences and walls that exceed heights allowed by Title 10 of the Modesto Municipal Code and are within the required 7.5-foot street-side yard and 15-foot front yard setbacks on property located at 219 North Morton Boulevard (APN: 107-007-050). (Funding Source: Development Appeal Fees)
STRATEGIC PLAN ELEMENT:

The recommended action supports the City Council’s 2020-2025 Strategic Plan Area of Focus, Quality of Life Goals and Strategies, Goal A. Improve community safety and quality of life through a combination of prevention and intervention efforts that address safety and its underlying issues.

BACKGROUND:

The property located at 219 N. Morton Boulevard is zoned R-1 (Low-Density Residential), is a corner lot with its front yard facing Loma Vista Way, and its street-side yard facing Lane Street.

On January 7, 2022, a complaint was submitted via GoModesto, by a neighbor regarding construction on the subject property without permits. Staff was able to complete an inspection on January 10, 2022, verifying the validity of the GoModesto complaint; specifically, that concrete masonry unit (CMU) walls, exceeding seven (7) feet in height were built without the required permits and inspections. In addition, the wall exceeded the maximum height and was built within the required setbacks of the property. In order to remedy the situation, the staff took the following actions:
 January 11, 2022- A Notice of Violation was mailed to the property owner, summarizing the violations, and advising that they had 30-days to correct the violations on the property. The notice included information regarding contacting the Building Division regarding the procedures to submit an application, plans, and engineering documents for approval.
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City Council, November 14, 2023
Appeal of the Board of Zoning Adjustment
Decision on September 28, 2023, Denying a Variance Request

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 February 14, 2022- An Administrative Citation was mailed to the property owner, via Certified Mail.
 March 10, 2022- Staff from the Building Safety Division completed an on-site inspection.  March 10, 2022- Second Administrative Citation Letter was mailed to the property owner.
 March 31, 2022- Third Administrative Citation Letter was mailed to the property owner.  May 16, 2022 - An appeal to the Board of Building Appeals (BBA) was received by Building Safety. The appeal requested a variance to the setback requirements.  On May 20, 2022 - Building Safety emailed the property owner and advised them that the Board of Building Appeals (BBA) could not approve variances to the setback requirements and that they should make an appeal to the Board of Zoning Adjustment.  On May 20, 2022 - The property owner stated that they would apply to the BZA.  On June 27, 2022 - the NPU conducted an inspection and verified that the block fence had not been removed.
 On July 21, 2022 - Building Safety requested an update on the variance application to the BZA
 On July 22, 2022 - The property owner replied that he hasn’t been able to have plans prepared and he needed additional time.
 On July 22, 2022 - Building Safety sent an email asking how much time the property owner needed.
 On August 22, 2022 - the NPU verified that the block fence had not been removed.  On August 30, 2022 - Building Safety sent an email stating that a sufficient amount of time had been provided and that they would take the matter to the Board of Building Appeals (BBA).
 On August 30, 2022 - the property owner sent an email saying that they would call a surveyor next day.

On April 27, 2023, a regular meeting of the Board of Building Appeals was held. At the meeting, a motion was made to deny the appeal and accept the city recommendation to direct the owner to appeal to the Board of Zoning Adjustment within thirty calendar days of the Decision and Order date to determine the future of the CMU wall erected in the front side yard building setback without a building permit.

On May 26, 2023, the property owner submitted an application for a variance to allow the fences to remain. After analyzing the request, staff determined that it did not meet the criteria to grant a variance (see below), and recommended that the Board of Zoning Adjustment deny the variance. The Board considered the application at their September 28, 2023, meeting, and voted 4-1 to deny the variance. The property owner subsequently filed an appeal of the Board’s decision.

DISCUSSION:

Once staff received the application for the Variance, staff confirmed that no building permit had still been pulled on the property for the fence and proceeded with an inspection of the property.

The City Municipal Code Title 10, Sections 10-4.406(b)(1) and (2) (Walls and Fences) states regarding the height of fences:
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Appeal of the Board of Zoning Adjustment
Decision on September 28, 2023, Denying a Variance Request

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1) No wall or fence shall exceed eight (8) feet in height, unless additional height is required as a condition of a zone, variance, use permit, development plan review, parcel map, subdivision map, noise mitigation or other similar action; and, 2) No wall or fence shall exceed forty-two (42) inches within the front and street-side yard areas.

Additionally, the front setback for residential zones is found in Chapter 4 (Development Standards), Article 1 (Residential Zones), Table 4.1-1 (Residential Development). The front setback for the R-1 (Low-Density Residential) zone is 15-feet.

However, Section 10-4.106 (d) (Front and Street-side Setback) provides an exception for corner lots in older areas of the city. For corner lots legally created prior to July 7, 1955, the minimum Street-side setback for a dwelling, accessory building, or fencing is seven and one-half (7.5) feet.

At the inspection, staff viewed the following:
1) The fence consisted of 6.5-foot tall, wood and metal fence and three (3), concrete masonry unit (CMU), smooth troweled stucco, walls (ranging in height from approximately 6.3-feet to approximately 9-feet)
a. This is taller than the eight (8) feet in height that the code allows for backyards b. This is taller than the forty-two (42) inches or 3.5-feet in height that is allowed in front and side yards
2) The fence was within the seven and one-half (7.5) feet side yard setback on the and within 15 feet front yard setback of the property
a. The fence on Loma Vista Street is approximately eight (8) feet from the property line, or seven (7) feet within the required fifteen (15) foot setback. b. The fences and walls on Lane Street are approximately three feet, four inches (3.3 feet) from the property line. As such all of the walls and fences fronting on Lane Street are located within the required seven and one-half (7.5) feet setback.

Section 10-9.601, Article 6 (Variances) of the Municipal Code states that: “The sole purpose of a variance shall be to prevent discrimination, and no variance shall be granted which would have the effect of granting a special privilege not shared by other property in the same zone and immediate vicinity.”
In order to qualify for a variance, the applicant for a variance shall have the burden of proof of showing that:
a) There are special circumstances or conditions applicable to the property or buildings in question which do not exist for other property or buildings in the same zone and immediate vicinity;
b) The special circumstances or conditions are such that strict application of the provisions of this Title would deprive the applicant of practical use of the property or buildings; and, c) Granting the variance will be consistent with the intent and purpose of this Title and will not be detrimental to the neighborhood or public welfare.

Staff determined the following:
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City Council, November 14, 2023
Appeal of the Board of Zoning Adjustment
Decision on September 28, 2023, Denying a Variance Request

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a) There are no special circumstances or conditions applicable to the property or buildings in question which do not exist for other property or buildings in the same zone and immediate vicinity;
The property is a corner lot with its front yard facing Loma Vista Way, and its street-side yard facing Lane Street. Lane Street has a slope of approximately 10 percent which is similar to other east-west streets in the neighborhood. There are approximately eighteen (18) other corner lots in the immediate vicinity of the project site, and only one is larger. The subject parcel is rectangular in shape and not a unique size or shape.

Corner Lots in Vicinity of Project Site
Assessor Parcel No. Lot Width
(Ft.)
Interior-Side
Length (Ft.)
Approx. Lot Size
(Sq. Ft.)

1. Blk 211 lot -027 73 150 10,950

2. Blk 209 107-007-050
(Project Site) 75 125 9,242

3. Blk 212 lot -081 97.01 87.03 8,442

4. Blk 239 lot -065 80 100 8,000

5. Blk 212 lot -062 80 98.56 7,885

6. Blk 209 lot -048 50 150 7,500

7. Blk 212 lot -077 50 150 7,500

8. Blk 239 lot -075 70 101.90 7,133

9. Blk 210 lot -001 50 140 7,000

10. Blk 210 lot -017 50 140 7,000

11. Blk 210 lot -006 50 130 6,500

12. Blk 239 lot -079 92.46 121.44 6,362

13. Blk 211 lot -018 50 121 6,050

14. Blk 212 lot -039 70 80 5,600

15. Blk 211 lot -034 50 108 5,400

16. Blk 209 lot -053 60.32 75 4,524

17. Blk 210 lot -011 50 86.5 4,325

18. Blk 211 lot -024 50 85 4,250

19. Blk 209 lot -044 50 75 3,750
b) There are no special circumstances or conditions are such that strict application of the provisions of this Title would deprive the applicant of practical use of the property or buildings; and,
The property is located within the La Loma Terrace subdivision which was subdivided in 1938.

Lots created after July 7, 1955 require a street side setback of fifteen (15) feet. Therefore, the special circumstance created due to the age of this subdivision has been addressed by the zoning code.

Staff believes there are no other special circumstances or conditions that would deprive the applicant of the practical use of the property or buildings. #21..
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Appeal of the Board of Zoning Adjustment
Decision on September 28, 2023, Denying a Variance Request

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c) Granting the variance will be consistent with the intent and purpose of this Title and will not be detrimental to the neighborhood or public welfare.

In zones requiring a front setback, there shall be a clear vision triangle on all corner lots. Based on Planning Staff’s assessment and the survey dated October 6, 2022 (provided by the applicant), none of the walls are located within the Clear Vision Triangle.

The property owner has built walls and fencing within the required Street-side Setback of seven and one-half (7.5) feet that range in height from 6.3-feet to approximately 9-feet. Therefore, granting the variance would allow this corner lot, which is similar to other corner lots within the neighborhood, special privilege.

Based on the analysis staff recommended denial of the application to the Board of Zoning Adjustment, at their regularly scheduled meeting on September 28, 2023. Staff was also concerned that a building permit with the proper engineering documents were not obtained or submitted to the City. The Board of Zoning Adjustments voted in favor of the denial with a vote of 4-1.

FISCAL IMPACT:

The appeal is administrative in nature, and the appeal fee has been deposited by the appellant.

There is no impact to the General Fund
COMMITTEE RECOMMENDATION:

This item was reviewed by the Board of Zoning Adjustments on September 28, 2023. The Board voted (4-1) to deny the variance.

CEQA/NEPA REQUIREMENTS:

The proposed project is categorically exempt under Section 15305 - Minor Alterations in Land Use Limitations, Class 5 (a) of the CEQA Guidelines which consists of minor alterations in land use limitations in areas with an average slope of less than 20 percent, which do not result in any changes in land use or density, including but not limited to: minor lot line adjustments, side yard, and set back variances not resulting in the creation of any new parcel.

RECOMMENDED COUNCIL ACTION:

Staff Recommendations:

Resolution denying the appeal of Cody Alkire and affirming the Board of Zoning Adjustment decision denying a variance at the property at 219 N. Morton Boulevard. #21..
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City Council, November 14, 2023
Appeal of the Board of Zoning Adjustment
Decision on September 28, 2023, Denying a Variance Request

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Approved by:

Jessica Hill, CED Director
Joseph P. Lopez, City Manager
Attachments:
1) Resolution
2) Board of Zoning Adjustment Staff Report (September 28, 2023) 3) Board of Zoning Adjustment Resolution No. 2023-09
4) 219 N. Morton - Site Photos
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11/14/2023/CED/DLowrance/Item X 1 2023-XX

MODESTO CITY COUNCIL
RESOLUTION NO. 2023-XXX

RESOLUTION DENYING THE APPEAL OF CODY ALKIRE AND AFFIRMING

THE BOARD OF ZONING ADJUSTMENT DECISION DENYING A VARIANCE AT THE PROPERTY AT 219 N. MORTON BOULEVARD
WHEREAS, an application for a variance from the provisions of Section 10-4.406 (b) of the Modesto Municipal Code to permit existing fences and walls that exceed the maximum height within the required 7.5-foot street-side yard and 15-foot front yard setbacks for property located at 219 N. Morton Boulevard was filed by Cody Alkire on May 26, 2023; and
WHEREAS, a public hearing was held by the Board of Zoning Adjustment on September 28, 2023, in Chambers, 1010 Tenth Street, Modesto, California, at which hearing evidence both oral and documentary was received and considered; and WHEREAS, the Board of Zoning Adjustment found that there are not special circumstances or conditions applicable to this property, that strict application of the provisions of Title 10 would not deprive the applicant of practical use of the property, and that the granting of the variance will be inconsistent with the intent and purpose of Title 10 and will be detrimental to the neighborhood, and consequently denied the variance; and
WHEREAS, on October 6, 2023, Cody Alkire filed an appeal with the City Clerk of the City of Modesto to the decision of the Board of Zoning Adjustment denying the variance; and
WHEREAS, said appeal was set for a duly noticed public hearing before the City Council to be held on November 14, 2023, in the Tenth Street Place Chambers, located at #21..
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11/14/2023/CED/DLowrance/Item X 2 2023-XX
1010 Tenth Street, Modesto, California, at which time said public hearing was held, evidence both oral and documentary was received and considered.

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

1. There are no special circumstances or conditions applicable to this property or buildings in question which do not exist for other properties or building in the same zone and immediate vicinity. The property is a corner lot with its front yard facing Loma Vista Way, and its street-side yard facing Lane Street. Lane Street has a slope of approximately 10 percent (in the vicinity of the project site) which is similar to other east-west streets in the neighborhood.

Additionally, there are approximately eighteen (18) other corner lots in the immediate vicinity of the project site. Of those eighteen (18) lots, only one lot is larger. Additionally, only one lot is uniquely shaped (Blk 239 lot -079) which is triangular. The subject parcel (while rounded at the corner of Lane Street and Loma Vista Way) is rectangular in shape.

2. Strict application of the provisions of Title 10 would not deprive the applicant of practical use of the property because the property is located within the La Loma Terrace subdivision which was subdivided in 1938. As such, Section 10-4.106 (Front and Street-side Setback) of the zoning Code applies.

Specifically, on corner lots legally created prior to July 7, 1955, the minimum Street side setback for a dwelling, accessory building, or fencing is seven and one-half (7.5) feet. Lots created after July 7, 1955 require a Street side setback of fifteen (15) feet. Therefore, the special circumstance created due to the age of this subdivision has been addressed by the zoning code. There are no other special circumstances or conditions that would deprive the applicant of the practical use of the property or buildings.

3. The granting of this variance would be inconsistent with the intent and purpose of Title 10 and will be detrimental to the neighborhood because The property owner has built walls and fencing within the required street-side setback of seven and one-half (7.5) feet that range in height from 6.3-feet to approximately 9-feet. These walls exceed the maximum height by 2.7-feet up to 5.5-feet. Section 10-4.406 of the zoning code provides: (1) No wall or fence shall exceed eight (8) feet in height, unless additional height is required as a condition of a zone, variance, use permit, development plan review, parcel map, subdivision map, noise mitigation or other similar action; and, (2) No wall or fence shall exceed forty-two (42) inches within the front and street side yard areas. In the R-1 zone, the street side setback required for fences taller than forty-two (42) inches (3.5-feet) is ten (10) feet. #21..
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11/14/2023/CED/DLowrance/Item X 3 2023-XX
BE IT FURTHER RESOLVED by the City Council that the appeal of Cody Alkire of the Board of Zoning Adjustment’s decision denying a variance to allow existing fences and walls that exceed the maximum height within the required 7.5-foot street-side yard and 15-foot front yard setbacks for property located at 219 N. Morton Boulevard, is hereby denied, and the Board of Zoning Adjustment’s decision denying the variance is upheld, subject to the following conditions:

1. Within 60 days of the date of City Council action, the property owner shall either remove or submit a Modification Plan (Plan) to the Community and Economic Development Director (Director) for approval to modify all fences and walls located within the required front yard setback of fifteen (15) feet; and the required seven and one-half (7.5) foot street-side yard setback. The Plan must show how the fences and walls located within these areas will be modified so as not to exceed a maximum height of forty-two (42) inches, and shall show the proposed height of each wall or fence. Alternatively, the Plan may show that the walls and fences will be relocated outside of the required front yard setback of fifteen (15) feet and the required seven and one-half (7.5) foot street-side yard setback, and will not exceed a maximum height of eight (8) feet. Note: pursuant to Section 10-2.132 of Title 10, where the grade differ on each side of a fence or wall, the height of the fence or wall shall be measured from the higher grade. Once the Plan to modify the fences and walls is approved by the Director, the property owner shall obtain all required building permits for the fences and walls, and complete the work within six (6) months from the dates of the Director’s approval.

2. If any walls or fences (or portions thereof) are located in the public right-ofway, the property owner shall indicate so in the Plan, and whether the walls or fences will be modified so as not to encroach into the public right-of-way; or that the property owner will apply for an encroachment permit from the City Engineering Department. Any necessary encroachment permits shall be applied for within 60 days of the date of the Director’s approval of the Plan.

All needed modifications shall be completed within six (6) months of the date of the Director’s approval of the Plan.

3. The appellant 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 denial. 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 denial on any #21..
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grounds whatsoever. The City of Modesto shall promptly notify the property owner of any such claim, action, or proceeding and shall cooperate fully in the defense.
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November 14,2023/C&EDD/Diana Lowrance 5 2023-
The foregoing resolution was introduced at a regular meeting of the Council of the City of Modesto held on the 14th day of November, 2023, by _________________, who moved its adoption, which motion being duly seconded by __________________, 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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Board of Zoning Adjustment Agenda Report September 28, 2023 Public Hearing Item B Page 1

CITY OF MODESTO

BOARD OF ZONING ADJUSTMENT STAFF REPORT
1010 10TH STREET
MODESTO CA 95354
(209) 577-5267 – (209) 491-5798 (fax)
TO: Chairperson Vohra and Members of the Board of Zoning Adjustment PREPARED BY: Diana Lowrance, Senior Planner
Contact Info: (209) 577-5267 [email protected]
APPROVED BY: Jessica Hill, Director of Community and Economic Development MEETING DATE: September 28, 2023
SUBJECT: VAR-23-002 – A variance request for fences and walls on property at 219 N.

Morton Boulevard (APN: 107-007-050); submitted by Cody Alkire.

RECOMMENDATION
Resolution denying the request to permit the following existing fences and walls to remain within the required 7.5-foot Street-side yard and 15-foot Front yard setbacks: one (1), 6.5-foot tall, wood and metal fence and three (3), concrete masonry unit (CMU), smooth troweled stucco, walls ranging in height from 6.3-feet to a maximum of 9-feet.

BACKGROUND
The subject property located at 219 N. Morton Boulevard is zoned R-1 (Low-Density Residential). The property is a corner lot with its front yard facing Loma Vista Way, and its street-side yard facing Lane Street. The property is located within the La Loma Terrace subdivision which was subdivided in 1938.

Between November 2016 and April 2022, the walls and fence in question were erected. As built, the walls and fence do not meet the standards of the zoning code. A notice and order regarding the violations was posted on April 28, 2022.

Subsequently, the matter was brought before the Board of Building Appeals, on April 27, 2023. The Board approved a motion to deny the property owner’s appeal and directed them to appeal to the Board of Zoning Adjustment if they desired a variance from the City’s Zoning regulations. The property owner submitted their application for a variance within the required timeframe.

PROJECT DESCRIPTION
The project is a variance request to allow: one (1), 6.5-foot tall, wood and metal fence and three (3), concrete masonry unit (CMU), smooth troweled stucco, walls (ranging in height from 6.3-feet to a max of 9-feet) to remain within the required 7.5-foot Street side-yard setback and 15-foot Front yard setbacks.

Zoning Code
Section 10-4.406 (Walls and Fences), (b) (Location and Maximum Height) provides: (1) No wall or fence shall exceed eight (8) feet in height, unless additional height is required as a condition of a zone, variance, use permit, development plan review, parcel map, subdivision map, noise mitigation or other similar action; and, (2) No wall or fence shall exceed forty-two (42) inches within the front and street ATTACHMENT 1
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Board of Zoning Adjustment Agenda Report September 28, 2023 Public Hearing Item B Page 2
side yard areas. In the R-1 zone, the street side setback required for fences taller than forty-two (42) inches is ten (10) feet.

Section 10-4.106 (Front and Street-side Setback) of the zoning Code provides an exception for corner lots in older areas of the city. Specifically, on corner lots legally created prior to July 7, 1955, the minimum Street side setback for a dwelling, accessory building, or fencing is seven and one-half (7.5) feet. As the subject lot was legally created in 1938, this provision applies to it.

Variance Findings
Section 10-9.601, Article 6 (Variances) of the Municipal Code states that: “The sole purpose of a variance shall be to prevent discrimination, and no variance shall be granted which would have the effect of granting a special privilege not shared by other property in the same zone and immediate vicinity.”
The applicant has provided specific reasons for making the required findings for a variance (see attached Variance Questionnaire).

Staff has provided the following Findings for Denial as the findings required pursuant to Section 10-

9.602 (Required Findings for Variance) cannot be met.

1. There are special circumstances or conditions applicable to the property or buildings in question which do not exist for other property or building in the same zone and immediate vicinity.

Applicant Response
“The size and location of the building on this corner lot is unique. In order to provide screening from the public, due to the building pad elevation it was necessary for the street elevation of the wall to be higher than the interior elevation. We were plagued with transient folks sleeping by our front door, using our electricity, drinking from our hose, and taking our property. Since the house fronts Morton Blvd., there is a steady stream of transients. I have been concerned about the safety and well being of my wife and children. The walls, as constructed, provide safety without interfering with public right of way. Other houses in the area have constructed similar safety boundaries with walls, fences, and landscaping to provide security.” Staff Response
The property is a corner lot with its front yard facing Loma Vista Way, and its street-side yard facing Lane Street. Lane Street has a slope of approximately 10 percent (in the vicinity of the project site) which is similar to other east-west streets in the neighborhood. Additionally, there are approximately eighteen (18) other corner lots in the immediate vicinity of the project site.

Of those eighteen (18) lots, only one lot is larger. Additionally, only one lot is uniquely shaped (Blk 239 lot -079) which is triangular. The subject parcel (while rounded at the corner of Lane Street and Loma Vista Way) is rectangular in shape.

Staff believes that there are no special circumstances or conditions applicable to the property or buildings in question which do not exist for other properties or building in the same zone and immediate vicinity.
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Board of Zoning Adjustment Agenda Report September 28, 2023 Public Hearing Item B Page 3
Corner Lots in Vicinity of Project Site
Assessor Parcel No.

Lot Width
(Ft.)
Interior-Side
Length (Ft.)
Approx. Lot Size
(Sq. Ft.)

1. Blk 211 lot -027 73 150 10,950

2. Blk 209 107-007-050
(Project Site)
75 125 9,242

3. Blk 212 lot -081 97.01 87.03 8,442

4. Blk 239 lot -065 80 100 8,000

5. Blk 212 lot -062 80 98.56 7,885

6. Blk 209 lot -048 50 150 7,500

7. Blk 212 lot -077 50 150 7,500

8. Blk 239 lot -075 70 101.90 7,133

9. Blk 210 lot -001 50 140 7,000

10. Blk 210 lot -017 50 140 7,000

11. Blk 210 lot -006 50 130 6,500

12. Blk 239 lot -079 92.46 121.44 6,362

13. Blk 211 lot -018 50 121 6,050

14. Blk 212 lot -039 70 80 5,600

15. Blk 211 lot -034 50 108 5,400

16. Blk 209 lot -053 60.32 75 4,524

17. Blk 210 lot -011 50 86.5 4,325

18. Blk 211 lot -024 50 85 4,250

19. Blk 209 lot -044 50 75 3,750

2. The special circumstances or conditions are such that strict application of the provisions of this Title would deprive the applicant of practical use of the property or buildings; and, Applicant Response
“The homes in this area are quite unique and seem to be a target. Others within the immediate vicinity have also constructed block walls to limit access to their homes and property. A number of our neighbors have complimented us on the appearance of the walls. Without the protection of these walls and gates, we would not be able to use our home without worrying about thieves and intruders. In the three years we have lived at 219 N Morton Blvd., we have had three incidents if thievery, multiple neighbors have had break ins, or attempted home invasions. Our property is seemingly checked nightly for unlocked cars, and doors.” #21..
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Board of Zoning Adjustment Agenda Report September 28, 2023 Public Hearing Item B Page 4
Staff Response
The property is located within the La Loma Terrace subdivision which was subdivided in 1938.

As such, Section 10-4.106 (Front and Street-side Setback) of the zoning Code applies.

Specifically, on corner lots legally created prior to July 7, 1955, the minimum Street side setback for a dwelling, accessory building, or fencing is seven and one-half (7.5) feet. Lots created after July 7, 1955 require a Street side setback of fifteen (15) feet. Therefore, the special circumstance created due to the age of this subdivision has been addressed by the zoning code. Staff believes there are no other special circumstances or conditions that would deprive the applicant of the practical use of the property or buildings.

3. Granting the variance will be consistent with the intent and purpose of this Title and will not be detrimental to the neighborhood or public welfare.

Applicant Response
“Granting this variance will be consistent with the intent of this chapter. It is not detrimental to the neighborhood and is consistent with the unique character of the neighborhood. The wall constructed facing Morton Blvd. was built at an angle, parallel to the curb and gutter, to allow visibility to the south so that approaching vehicles are seen and conflicts can be avoided. The walls, while protecting the property have had a color stucco finish applied that is pleasing to look at.”
Staff Response
Granting this variance will be inconsistent with the intent of this chapter.

Section 10-4.404 of the zoning code provides the regulations regarding Vision Obstruction (Clear Vision Triangle). Specifically, in zones requiring a front setback, there shall be a clear vision triangle on all corner lots. The triangle is defined as an area bounded by the front and streetside property lines and a line connecting them twenty-five (25) feet from their intersection.

Within the triangle, the area between three (3) and eight (8) feet in height as measured from the top of the curb adjacent to the front yard shall be clear. Trees may penetrate the clear area, as long as there are no branches lower than eight (8) feet in height and the trunk does not constitute a hazard to vehicular or pedestrian traffic (as determined by the Traffic Engineer).

However, the Traffic Engineer may require the removal of landscaping or structures on any lot which in his/her opinion constitutes a hazard to vehicular or pedestrian traffic.

Based on Planning Staff’s assessment and the survey dated October 6, 2022 (provided by the applicant), none of the walls are located within the Clear Vision Triangle.

Section 10-4.406 of the zoning code provides: (1) No wall or fence shall exceed eight (8) feet in height, unless additional height is required as a condition of a zone, variance, use permit, development plan review, parcel map, subdivision map, noise mitigation or other similar action; and, (2) No wall or fence shall exceed forty-two (42) inches within the front and street side yard areas. In the R-1 zone, the street side setback required for fences taller than forty-two (42) inches (3.5-feet) is ten (10) feet. Note: On corner lots legally created prior to July 7, 1955, the minimum Street side setback for a dwelling, accessory building, or fencing is seven and onehalf (7.5) feet.

The property owner has built walls and fencing within the required Street-side Setback of seven and one-half (7.5) feet that range in height from 6.3-feet to approximately 9-feet. These walls exceed the maximum height (in these areas) of 3.5-feet by 2.7-feet at their lowest and up to

5.5-feet at the highest. Further, the ten (10) foot tall CMU wall located on the interior lot line of #21..
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Board of Zoning Adjustment Agenda Report September 28, 2023 Public Hearing Item B Page 5
the property (see Property Survey) exceeds the overall maximum height of eight (8) feet as provided by Section 10-4.406. Finally, per the Neighborhood Preservation Unit, portions of the walls located within the street side setback may be in the public right-of-way. Granting the variance would allow this corner lot, which is similar to other corner lots within the neighborhood, special privilege.

Staff recommends the Board make the required findings for denial listed above.

GENERAL PLAN CONSISTENCY
The General Plan Land Use designation for the site is Residential (R), which is intended to allow for residential uses throughout the Modesto Urban Plan Area. Fencing for single family homes built in compliance to the standards in the Zoning Code would be a consistent land use in this designation.

ZONING CONFORMANCE
The site is zoned R-1 (Low-Density Residential). The R-1 (Low-Density Residential) zoning district is intended to accommodate lower-density residential development, including accessory structures and uses. Fences and wall built in compliance with the zoning code are accessory structures.

ENVIRONMENTAL ASSESSMENT
The proposed project is categorically exempt under Section 15305 - Minor Alterations in Land Use Limitations, Class 5 (a) of the CEQA Guidelines which consists of minor alterations in land use limitations in areas with an average slope of less than 20 percent, which do not result in any changes in land use or density, including but not limited to: minor lot line adjustments, side yard, and set back variances not resulting in the creation of any new parcel.

ATTACHMENTS

1. Draft Board of Zoning Adjustment Resolution – September 28, 2023

2. Statement of Exemption EA/C&ED No. 2023-22

3. Variance Questionnaire Form

4. Financial Disclosure Form
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Board of Zoning Adjustment Agenda Report September 28, 2023 Public Hearing Item B Page 6

PROPERTY SURVEY

WALL AND FENCE LOCATIONS ARE HIGHLIGHTED
VAR-23-002
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Board of Zoning Adjustment Agenda Report September 28, 2023 Public Hearing Item B Page 7
PHOTOS
VAR-23-002
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Board of Zoning Adjustment Agenda Report September 28, 2023 Public Hearing Item B Page 8

ADDITIONAL PHOTOS
VAR-23-002
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Board of Zoning Adjustment Agenda Report September 28, 2023 Public Hearing Item B Page 9
ASSESSOR’S MAP
VAR-23-002
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ATTACHMENT 2 #21..
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PICTURE NO. 1: January 10, 2022
ATTACHMENT 3
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PICTURE NO. 2: January 10, 2022
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PICTURE NO. 3: January 10, 2022
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PICTURE NO. 4: January 10, 2022
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PICTURE NO. 5: April 27, 2023
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PICTURE NO. 6: April 27, 2023
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PICTURE NO. 7: April 27, 2023
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CITY OF MODESTO

COUNCIL AGENDA REPORT
DATE OF MEETING:

November 14, 2023
Date: October 18, 2023
TO: Mayor and City Council
THROUGH: Joseph P. Lopez, City Manager
FROM: Laurie A. Smith, Director of Parks, Recreation and Neighborhoods Department SUBJECT: Increase Golf Green Fees at City-Owned Golf Courses CONTACT: Laurie A. Smith, Director of Parks, Recreation & Neighborhoods, [email protected], 209-577-5437
DESCRIPTION:

Hearing to consider an increase in Golf Green Fees at the City of Modesto Golf Courses by $2/round effective July 1, 2024, with an annual inflator of $1/round each year for the next two years, subject to annual review, rescinding Resolution No. 2018-377. (Funding Source: Golf Fund)
STRATEGIC PLAN ELEMENT:

This item is consistent with Strategic Commitment #4 “Effective Responsive and Transparent Government – Make informed decisions embracing best practices and continued improvements”.

BACKGROUND:

On September 4, 2018, by Resolution No. 2018-377, Council approved an increase in golf green fees at both the Creekside and Dryden City of Modesto golf courses by $2/round. This increase included an annual inflator of $1/round each year over the next four year and the rescinding of Resolution No. 2011-178. The initial $2/round increase went into effect shortly thereafter, and the first of the $1/round increases when into effect on July 1, 2019.

In 2020, the City courses were closed for several months due to the COVID pandemic. With the uncertainty of its impact on golf, the City opted to not implement the second fee increase planned for that year. Though the logistics of play were challenged with social distancing and heightened sanitary precautions, the City’s courses experienced an increase in play because golf was considered a safe outdoor sport.

In July 2021, a partial increase was made to offset some of the increases in the cost of operations.

Punch Cards, valid at both courses were increased $1 per 18-hole rounds of golf and Annual Passes raised by $100 to $1,600. No increases were made to the Dryden green fees, as rounds were declining due to the loss of its clubhouse. As staff did not want to negatively impact rounds #22..
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City Council, November 14, 2023
Increase Golf Green Fees at City-Owned Golf Courses

Page 2 of 3 ends

any further, they opted to use this to create a pricing gap between the two courses to attract golfers a two different price points.

The final increase was made on July 1, 2022. All golf green fees were increased by $1 per 18- hole rounds and Annual Passes were increased by $100 from $1,600 to $1,700.

DISCUSSION:

With less than a year before the current fee schedule ends, staff began discussing the next green fees schedule. Discussions were based on the continued rise in the cost of goods and services.

An example of this is the new golf cart contract which doubled from $84,154 to $165,409 per year.

Another is the management and maintenance of the courses. In tandem with the proposed green fee increase, staff is also recommending an extension and increase in the maintenance component of the BrightView Golf Maintenance, Inc. contract. Now in the middle of its third year, the City is proposing to exercise the first of two (2) two-year extensions. Included is a 15.8% increase ($233,910) per year for increased costs and additional funding for utilities, irrigation, and tree services.

Annual rounds played, averaged close to 80,000 over the last four years. Like the current schedule, staff is recommending a $2/round increase effective July 1, 2024, with $1/round increases planned for July 1, 2025, and 2026. The initial $2/round green fee increase could offset the cost of the BrightView contract by approximately $160,000. The proposed increase is competitive with other courses in the areas (Swenson Ranch, Stockton, Manteca Park, Manteca, La Contenta, Valley Springs, River Oaks, Ceres, and Rancho del Rey, Atwater). The range for an eighteen-hole round on a weekday is $20-$35 with Dryden at $28 and Creekside at $34. The range for an eighteen-hole round on a weekend is $27-$73 with Dryden at $34 and Creekside at $38.

This item was presented to the Golf Courses Advisory Committee on September 20, 2023. The Committee voted 6-2 in favor of a $2 per 18-hole round increase with an annual increase of $1 each year over the next two years.

FISCAL IMPACT:

The proposed $2/round fee increase is projected to raise revenue by $160,000 the first year. This calculation is based on a projected 80,000 rounds of golf played. This figure may increase or decrease, depending on the number of rounds played. If the increase occurs each year during the additional two-year period, revenue could grow as much as $320,000 over the three-year period.

COMMITTEE RECOMMENDATION:

This item was reviewed by the Safety and Communities Committee on October 9, 2023, and the Committee recommended it be forwarded to Council for approval.

RECOMMENDED COUNCIL ACTION:

Staff Recommendations:

Resolution approving an increase in Golf Green Fees at the City of Modesto Golf Courses by $2/round effective July 1, 2024, with an annual increase of $1/round each year for the next two years, subject to annual review, rescinding Resolution No. 2018-377. #22..
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City Council, November 14, 2023
Increase Golf Green Fees at City-Owned Golf Courses

Page 3 of 3 ends

Approved by:

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

1. Resolution

2. Resolution 2018-377

3. Proposed Green Fee Schedule
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11/14/2023/PRN/LSmith/Item X 1 2023-X

MODESTO CITY COUNCIL
RESOLUTION NO. 2023-X

RESOLUTION APPROVING AN INCREASE IN GOLF GREEN FEES AT THE CITY OF MODESTO GOLF COURSES BY $2/ROUND EFFECTIVE JULY 1, 2024, WITH AN ANNUAL INCREASE OF $1/ROUND EACH YEAR FOR THE

NEXT TWO YEARS, SUBJECT TO ANNUAL REVIEW, RESCINDING
RESOLUTION NO. 2018-377
WHEREAS, the City owns, operates, and manages Dryden Park Municipal Golf Course, and Creekside Municipal Golf Course (collectively “Municipal Golf Courses”; and
WHEREAS, on June 2, 2009, the City Council, by Resolution No. 2009-236, established new green fee rates at all Municipal Golf Courses; and WHEREAS, on May 24, 2011, the City Council, by Resolution No. 2011-178, granted the Director of the Parks, Recreation and Neighborhoods Department the authority to offer or approve golf specials at the Municipal Golf Courses, restated the 2009 green fee rates, and rescinded Resolution No. 2009-236; and WHEREAS, on September 4, 2018, the City Council, by Resolution 2018-377, approved an increase in Golf Green Fees by $2 per round effective September 20, 2018 with an annual inflator of $1 per round each year for four years subject to annual review, and rescinded 2011-178; and
WHEREAS, the initial $2 per round increase went into effect shortly after, and the first of the $1 per round increases went into effect July 1, 2019; and WHEREAS, in 2020, the City courses were closed for several month due to the COVID pandemic; and
WHEREAS, the City opted not to implement the second $1 per round increase due to the uncertainty of its financial impact on Golf; and #22..
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11/14/2023/PRN/LSmith/Item X 2 2023-X
WHEREAS, in July 2021, a partial increase to Green Fees was made to offset some of the increases in the cost of operations which included Punch Cards and Annual Passes; and
WHEREAS, the final increase to Green fees was made into effect on July 1, 2022 where all green fees were increased by $1 per round; and WHEREAS, staff began discussions for an increase to Green fees based on the imminent increase to the Golf Landscape Maintenance Agreement as it was up for renewal at the end of 2023; increases in goods and services; and the increase in Golf Carts which doubled earlier this year; and
WHEREAS, staff found an increase of $4 per round over the next three years would lessen the impact of these increases; and
WHEREAS, staff compared the proposed Golf rates with nearby courses such as Swenson Ranch (Stockton), Manteca Park (Manteca), La Contenta (Valley Springs), River Oaks (Ceres), and Rancho Del Rey (Atwater) and found the City’s rates comparable and mid-range with nearby Courses; and
WHEREAS, the Golf Courses Advisory Committee reviewed and approved the increase to green fees by $2/round effective July 1, 2024 with an annual inflator of $1/round each year for the next two years subject to annual review; and WHEREAS, on October 9, 2023, the Safety & Communities Committee unanimously recommended a $2/round increase the first year with $1 per round increases, subject to annual review, over the next two years, be forwarded to Council; and WHEREAS, the first increase shall commence on July 1, 2024, with subsequent increases, pending review, commencing on July 1st of each year 2025, and 2026; and #22..
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11/14/2023/PRN/LSmith/Item X 3 2023-X
WHEREAS, said matter was set for public hearing of the City Council to be held at 5:30 p.m. on November 7, 2023, in the Tenth Street Place Chambers, located at 1010 10th Street, Modesto, California, at which date and time said duly noticed public hearing of the Council was held for the purpose of receiving public comment on the proposed golf green fees; and
WHEREAS, the Council of the City of Modesto finds that the new increased fees for play need to be established at the Municipal Golf Courses to help offset the rising cost of operating the golf courses.

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

1. RATES. The rates for players for Dryden Park Municipal Golf Course, and Creekside Municipal Golf Course are hereby established as set forth in Exhibit “A” attached hereto and effective July 1, 2024.

Subsequent annual $1/round fee increases, pending review, shall be effective on July 1st, 2025, and 2026.

2. DISCOUNTS & SPECIAL RATES. The Parks, Recreation and Neighborhoods Director, or designee, may provide discounts of the established green fees and/or offer green fee packages to encourage rounds of golf at all the municipal golf courses. Annual Pass, Special Play, Play Day, Tournament, School Team, Holiday, League, or other special or promotional rates shall be established by the Contractor, with the written approval of the Parks, Recreation and Neighborhoods Director, or his or her designee.
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11/14/2023/PRN/LSmith/Item X 4 2023-X

3. COMPLIMENTARY TICKETS. Complimentary tickets without fee may be issued by or under the direction of the Golf Course Professional to visiting professionals or others, for services rendered to the golf course. Free play must be approved by the Parks, Recreation and Neighborhoods Director or designee.

4. HOLIDAYS. “Holidays”, as used herein, shall mean New Year’s Day (January 1st), Martin Luther King’s Birthday (the third Monday in January), Washington’s Birthday (the third Monday in February), Memorial Day (the last Monday in May), Independence Day (July 4th), Labor Day (the first Monday in September), Veteran’s Day (November 11th), Thanksgiving Day (the fourth Thursday in November), and the day after Thanksgiving. When a holiday falls on a Sunday, the following Monday shall be observed as a holiday. When a holiday falls on a Saturday, the preceding Friday shall be observed as a holiday.

5. EFFECTIVE DATE. This resolution goes into effect and be in full force and operation on and after July 1, 2024.

BE IT FURTHER RESOLVED, Resolution No. 2018-377 is hereby rescinded effective July 1, 2024.
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11/14/2023/PRN/LSmith/Item X 5 2023-X
The foregoing resolution was introduced at a regular meeting of the Council of the City of Modesto held on the 14th day of November, 2023, by Councilmember ?, who moved its adoption, which motion being duly seconded by Councilmember ?, was upon roll call carried and the resolution adopted by the following vote:

AYES: Councilmembers:

NOES: Councilmembers:

ABSENT: Councilmembers:

ATTEST:

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

BY: ___________________________
JOSE M. SANCHEZ, City Attorney
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MODESTO CITY COUNCIL
RESOLUTION NO. 2018-377

RESOLUTION APPROVING AN INCREASE IN GOLF GREEN FEES AT THE CITY OF MODESTO GOLF COURSES BY S2/ROUND EFFECTIVE
SEPTEMBER 20, 2018, WITH AN ANNUAL INFLATOR OF $I/ROUND EACH

YEAR FOR THE NEXT FOUR YEARS, SUBJECT TO ANNUAL REVIEW, AND RESCINDING RESOLUTION NO. 2011-178
WHEREAS, the City owns, operates, and manages the Municipal Golf Course, Dryden Park Municipal Golf Course, and Creekside Municipal Golf Course (collectively “ Municipal Golf Courses”, and
WHEREAS, on June 2, 2009, the City Council, by Resolution No. 2009-236, established new green fee rates at all three Municipal Golf Courses, and WHEREAS, on May 24, 2011, the City Council, by Resolution No. 2011-178, granted the Director of the Parks, Recreation and Neighborhoods Department the authority to offer or approve golfspecials at the Municipal Golf Courses, restated the 2009 green fee rates, and rescinded Resolution No. 2009-236, and WHEREAS, in May 2016, the Mayor’s 100 Day Budget Review Committee recommended reducing or eliminating General Fund support to the golf fund and appoint two committee members to work with staff, and
WHEREAS, on September 5, 2017, at a City Council Workshop,staff was directed to conduct a workshop to receive public input and feedback on ways to reduce the General Fund subsidy to the golf fund, and
WHEREAS, in January 2018, two public workshops were conducted, and identified strong support for keeping the courses open, introducing new uses for the courses, increasing marketing and promotions, and increasing green fees, and 09/04/2018/PRN/LSmith/Item 16 2018-377
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WHEREAS, in April 2018, the Golf Courses Advisory Committee presented the public workshop information to the City Council, and
WHEREAS, one of the Golf Courses Advisory Committee’srecommendations was to increase green fees by $1/round each year for the next five years pending annual review, and
WHEREAS, at the Workshop, the Council expressed interest in seeing higher green fees in the first year, and
WHEREAS, on June 25, 2018, the Finance Committee considered the Golf Advisory Committee’s recommendation of a Si per round increase with annual $1 per round increases, subject to annual review, over the next four years as well as $2 and $3 per round increases, and
WHEREAS, the Finance Committee unanimously recommended a $2/round increase the first year with $1 per round increases, subject to annual review, over the next four years, and
WHEREAS, the first increase shall commence on September 5, 2018, with subsequent increases, pending review, commencing on July 1 st of each year 2019, 2020,
2021, and 2022, and
WHEREAS, said matter was set for public hearing of the City Council to be held at 5:30 p.m. on September 4, 2018, in the Tenth Street Place Chambers, located at 1010 10th Street, Modesto, California, at which date and time said duly noticed public hearing of the Council was held for the purpose of receiving public comment on the proposed golf green fees, and
09/04/2018/PRN/LSmith/Item 16 2018-377
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WHEREAS, the Council of the City of Modesto finds that the new increased fees for play need to established at the Municipal Golf Courses to help offset the rising cost of operating the golf courses.

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

1. RATES. The rates for players for Modesto Municipal Golf Course, Dryden Park Municipal Golf Course, and Creekside Municipal Golf Course are hereby established as set forth in Exhibit “ A” attached hereto and effective September 20, 2018.

Subsequent annual $l/round fee increases, pending review, shall be effective on July 1
st 2019, 2020, 2021, and 2022.

2. DISCOUNTS & SPECIAL RATES. The Parks, Recreation and Neighborhoods Director, or designee, may provide discounts of the established green fees and/or offer green fee packages to encourage rounds of golf at all the municipal golf courses. Annual Pass, Special Play, Play Day, Tournament, School Team, Holiday, League, or otherspecial or promotional rates shall be established by the Contractor, with the written approval of the Parks, Recreation and Neighborhoods Director, or his or her designee.

4. HOLIDAYS. “ Holidays” , as used herein, shall mean New Year’s Day (January 1
st), Martin Luther King’s Birthday (the third Monday in January), Washington’s Birthday (the third Monday in February), Memorial Day (the last Monday in May), Independence Day (July 4
th), Labor Day (the first Monday in September),
Veteran’s Day (November 11th), Thanksgiving Day (the fourth Thursday in November), and the day after Thanksgiving. When a holiday falls on a Sunday, the following Monday shall be observed as a holiday. When a holiday falls on a Saturday, the preceding Friday shall be observed as a holiday.

5. EFFECTIVE DATE. This resolution goes into effect and be in full force and operation on and after September 20, 2018.

BE IT FURTHER RESOLVED, Resolution No. 2011-178 is hereby rescinded effective September 20, 2018.
09/04/2018/PRN/LSmith/Item 16 2018-377
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The foregoing resolution was introduced at a regular meeting of the Council of the City of Modesto held on the 4
th day of September, 2018, by Councilmember
Ridenour, who moved its adoption, which motion being duly seconded by Councilmember Kenoyer, was upon roll call carried and the resolution adopted by the following vote:

AYES: Councilmembers: Ah You, Grewal, Kenoyer, Madrigal, Ridenour, Zoslocki, Mayor Brandvold
NOES: Councilmembers: None
ABSENT: Councilmembers: None
ATTEST:

STEPHANIE LOPEZ, City Clerk/ U
(SEAL)
APPROVED AS TO FORM:

By:

ADAM U. LINDGREN, City Attoifey
09/04/2018/PRN/LSmith/Item 16 2018-377
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MODESTO

CITY OF MODESTO GOLF COURSES

GREEN FEE SCHEDULES
EFFECTIVE: September 20, 2018 - June 30, 2019
Weekdays, 9-holes
Weekdays, 9-holes (senfors/juniors/disabled)
Weekdays, 18-holes
Weekdays, 18-holes (seniors/junlors/disabled)
Weekdays 18-holes (juniors, after noon)
Weekdays, Mid-day, 18-holes
Weekdays, Super-Twilight, 18-holes
Weekdays, Replay
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$18
$16
$24
$21
$17
$20
$14
$13
Weekends/Holidays, 9-holes $20
Weekends/Holidays, 18-holes $30
Weekends/Holidays, 18-holes (juniors, after noon) $19
Weekends/Holidays, Mid-day, 18-holes $23
Weekends/Holidays, Super-Twilight, 18-holes $17
Weekends/Holidays, Replay $16
•
Punch Card, 20/40 Rounds - 18/9-holes $380
Punch Card, 20/40 Rounds - 18/9-holes (seniors) $340
Punch Card, 10/20 Rounds - 18/9-holes $210
Punch Card, 10/20 Rounds - 18/9 -holes (seniors) $190

MODESTO NINE-HOLE MUNICIPAL GOLF COURSE (MUNI)
Weekdays, 9-holes $14
Weekdays, 9-holes (seniors/disabled) $12
Weekdays, 9 holes (juniors) $9
Weekdays, Mid-day, 9-holes $12
Weekdays, Mid-day, 9-holes (juniors) $9
Weekdays, After 3PM, 9-holes $9
Weekdays, 6-holes $9
Weekdays, Replay $9
Weekends/Holidays, 9-holes $16
Weekends/Holidays, 9-holes (juniors) $10
Weekends/Holidays,After 1PM,9-holes $13
Weekends/Holidays, After 1PM, 9-holes (juniors) $10
Weekends/Holidays,After 3 PM, 9-holes $10
Weekends, 6-holes $10
Weekends/Holidays, Replay $10
Punch Card, 20/40 Rounds - 18/9-hoies $380
Punch Card, 20/40 Rounds - 18/9-holes (seniors) $340
Punch Card, 10/20 Rounds - 18/9-holes $210
Punch Card, 10/20 Rounds - 18/9-holes (seniors) $190

CREEKSIDE MUNICIPAL GOLF COURSE
Weekdays, 9-holes $19
Weekdays, 9-holes (seniors/
juniors/disabled) $17
Weekdays, 18-holes $26
Weekdays, 18-holes (seniors/juniors/disabled) $22
Weekdays, 18-holes (juniors,after noon) $18
Weekdays, Mid-day, 18-holes $21
Weekdays,Super-Twilight, 18-holes $15
Weekdays, Replay $14
Weekends/Holidays, 9-holes $22
Weekends/Holidays,18-holes $33
Weekends/Holidays, 18-holes (juniors, after noon) $21
Weekends/Holidays, Mid-day, 18-holes $25
Weekends/Holidays, Super-Twilight, 18-holes $19
Weekends/Holidays, Replay $17
. •
^
Punch Card, 20/40 Rounds - 18/9-holes $380
Punch Card, 20/40 Rounds - 18/9-holes (seniors) $340
Punch Card, 10/20 Rounds - 18/9-holes $210
Punch Card, 10/20 Rounds - 18/9 -holes (seniors) $190
ANNUAL PASS (All Courses)
$1,500 / Year .
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(Restrictions Apply )
#22..

Weekdays, 9-holes $20.50 Weekdays, 9-holes $21.50
Weekdays, 9-holes (seniors/juniors/disabled) $18.50 Weekdays, 9-holes (seniors/juniors/disabled) $19.50 Weekdays, 18-holes $28.00 Weekdays, 18-holes $31.00
Weekdays, 18-holes (seniors/juniors/disabled) $25.00 Weekdays, 18-holes (seniors/juniors/disabled) $27.00 Weekday,s 18-holes (juniors, after noon) $21.00 Weekdays, 18-holes (juniors, after noon) $22.00 Weekdays, Mid-day, 18-holes $24.00 Weekdays, Mid-day, 18-holes $25.00 Weekdays, Super-Twilight, 18-holes $18.00 Weekdays, Super-Twilight, 18-holes $19.00 Weekdays, Replay $15.00 Weekdays, Replay $16.00
Weekends/Holidays, 9-holes $22.50 Weekends/Holidays, 9-holes $24.50 Weekends/Holidays, 18-holes $34.00 Weekends/Holidays, 18-holes $38.00 Weekends/Holidays, 18-holes (juniors, after noon) $23.00 Weekends/Holidays, 18-holes (juniors, after noon) $24.00 Weekends/Holidays, Mid-day, 18-holes $27.00 Weekends/Holidays, Mid-day, 18-holes $29.00 Weekends/Holidays, Super-Twilight, 18-holes $21.00 Weekends/Holidays, Super-Twilight, 18-holes $23.00 Weekends/Holidays, Replay $18.00 Weekends/Holidays, Replay $19.00 Punch Card, 20/40 Rounds - 18/9-holes $480.00 Punch Card, 20/40 Rounds - 18/9-holes $480.00 Punch Card, 20/40 Rounds - 18/9-holes (seniors) $440.00 Punch Card, 20/40 Rounds - 18/9-holes (seniors) $440.00 Punch Card, 10/20 Rounds - 18/9-holes $260.00 Punch Card, 10/20 Rounds - 18/9-holes $260.00 Punch Card, 10/20 Rounds - 18/9 -holes (seniors) $240.00 Punch Card, 10/20 Rounds - 18/9 -holes (seniors) $240.00 Youth on Course $5.00 Youth on Course $5.00
ANNUAL PASS (All Courses)
$1,700 / Year
Approved by Modesto City Council
(Restrictions Apply) Resolution No. 2023-

CITY OF MODESTO GOLF COURSES

GREEN FEE SCHEDULES
EFFECTIVE: July 1, 2024 - June 30, 2025

DRYDEN PARK MUNICIPAL GOLF COURSE CREEKSIDE MUNICIPAL GOLF COURSE 2023
Exhibit A
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Modesto City CouncilNovember 14, 2023

Modesto City Council
November 14, 2023