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www.modestogov.com
AGENDA
City of Modesto
ECONOMIC DEVELOPMENT COMMITTEE
COUNCIL WORKSHOP
2001-40 Del Puerto Room.
Tenth Street Place, 1010 10th Street
Modesto, California
Monday, January 08, 2024 at 4:00 PM
Roll Call: Chris Ricci, Chair
Eric Alvarez, Vice-Chair
Sue Zwahlen, Member
Alternates: Nick Bavaro, Rosa Escutia-Braaton, Jeremiah Williams, David Wright Council has not delegated directive or final approval authority to the Committees.
Committee actions are recommendations to the full City Council, not final decisions on an issue. * Public Comment will only be in-person. Members of the public who wish to address the Committee, by providing public comment, during the meeting must do so in-person in the 2001-40 Del Puerto Room. As an alternative, members of the public may also provide written public comment submitted via email as indicated in the Submitting Comments by Email instructions on this agenda. Zoom will still be available for viewing and Wordly translation. *Members of the public will be allowed to provide public comment through Zoom if a Committee Member is participating remotely pursuant to the provisions of Assembly Bill 2449. *Effective March 1, 2023, if a technical issue arises with Zoom or the phone dial-in option, the Committee meeting will continue unless the meeting is being held pursuant to the provisions of Assembly Bill 2449. Alternative viewing options are listed below, and the meeting is physically open to the public.
“Wordly” can translate into 25+ different languages! To access written translation during the meeting, please scan the QR Code or click this link https://attend.wordly.ai/join/RJDY-6364.
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"Wordly" puede traducir a más de 25 idiomas diferentes! Para acceder a la traducción durante la reunión, por favor escanee el código QR o haga clic en el enlace https://attend.wordly.ai/join/RJDY-6364.
THE MEETING CAN BE VIEWED BY ZOOM VIDEO
CONFERENCING OR TELEPHONE
Joining the Committee meeting via Zoom
The City of Modesto is now offering the ability to view Committee meetings via telephonic conferencing via “Zoom” video conferencing computer technology. The meeting may be accessed through the use of Zoom using the following options:
Enter the following link into an Internet Browser
https://us02web.zoom.us/j/86945970570,
Enter the following link into an Internet Browser https://zoom.us/ and using the Webinar ID 869 4597 0570
Passcode 84326
To use Zoom, please visit: https://zoom.us/ and either sign-up for a free Zoom account or continue as a guest. Once you have downloaded the app onto your mobile device, joined from your web browser, or downloaded the Zoom software on your computer you will be ready for the upcoming Committee meeting.
Joining the Committee meeting via Telephone
If you don’t have a smart phone or computer to access the meeting via Zoom, you can listen by phone, by calling 1-877-853-5257 (Toll Free) or 1-888-475-4499 (Toll Free) and enter the Webinar ID 869 4597 0570 Passcode 84326
PUBLIC COMMENTS IN PERSON
Three-minute time limit per speaker.
Only interested persons in the audience may present these matters.
Under State law, Committee Members may respond to matters being presented under this item only as follows:
a. Briefly respond to statements made or questions raised. b. Ask a question for clarification.
c. Provide a reference to staff or other resources for factual information. d. Request staff to report back at a subsequent meeting. e. Finally, a Committee Member or the Committee itself may take action to direct staff to place a matter of business on a future agenda.
SUBMITTING COMMENTS BY E-MAIL
Written comments may be submitted via email to: [email protected] (include Agenda Item Number in the subject line). All comments will be shared with the Committee - 2 -
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Members and placed in the record but will not be read aloud during the meeting. Written comments must be received two hours before the meeting.
This Agenda is on file in the City Clerk’s Office, Sixth Floor, 10th Street Place, Posting Board at entry of 10th Street Place, and is available on the City’s Web site at www.modestogov.com.
Materials related to an item on this Agenda submitted to the Council after distribution of the agenda packet are available for public inspection in the Clerk’s office during normal business hours. Such documents are also available online, subject to staff’s ability to post the documents before the meeting, at the following website www.modestogov.com/councilmeetings In accordance with the requirements of Title II of the Americans with Disabilities Act (“ADA”) of 1990, the Fair Employment & Housing Act (“FEHA”), the Rehabilitation Act of 1973 (as amended), Government Code section 11135 and other applicable codes, the City of Modesto (“City”) will not discriminate against individuals on the basis of disability in the City’s services, programs, or activities. For more information, please visit the City of Modesto website at https://www.modestogov.com/865/Americans-with-Disabilities-Act-ADA In compliance with the Americans with Disabilities Act, if you need special assistance to participate in this meeting, please contact the City Clerk (209) 577-5396. Notification 48 hours prior to the meeting will enable the City to make reasonable arrangements to ensure accessibility to this meeting
Any and all of the following agenda items are subject to action by the Modesto City Council.
CONSENT ITEMS – ROLL CALL VOTE REQUIRED:
Information concerning the consent items listed below has been forwarded to each Committee Member prior to this meeting for study. Unless some member of the audience or Committee Member has a question concerning an item and asks that it be withdrawn from the consent list, the Committee approves the items at one time. The action taken by the Committee in approving consent items is set forth in the explanation of this individual item.
CONSENT
An item may be removed from consent and discussed at the request of an audience member or committee member.
Consent
1. Consider the submission of two Grant Applications to the United States Bureau of Reclamation’s WaterSMART Grant Program and forwarding to Council for approval. (Funding Source: Water Fund)
Motion recommending the submission of a Grant Application to the United States Bureau of Reclamation’s WaterSMART – Water and Energy Efficiency Grant Program for the SCADA System Replacement Project for an amount up - 3 -
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to $400,000 in grant funding with a local match requirement of $200,000 and forwarding to Council for approval.
Motion recommending the submission of a Grant Application to the United States Bureau of Reclamation’s WaterSMART – Planning and Project Design Grant Program for the SCADA System Replacement Project for an amount up to $5,000,000 in grant funding with a local match requirement of $2,500,000 and forwarding to Council for approval.
UTILITIES; Juan Ochoa, 209-577-5423, [email protected] Consent
2. Consider a First Amendment to the Portable Toilet Rental Services Agreement to increase the amount by $20,000, for a revised total amount not to exceed $603,250 over the term of the agreement with Sun Valley Portable Restrooms, Inc. of Turlock, CA and United Site Services, Inc. of Modesto, CA. and forwarding to Council for approval. (Funding Source: Water Fund, Various Funds)
Motion recommending a First Amendment to the Portable Toilet Rental Services Agreement to increase the amount by $20,000 from $583,250 to a revised total amount not to exceed $603,250 over the term of the agreement with Sun Valley Portable Restrooms, Inc. of Turlock, CA and United Site Services, Inc. of Modesto, CA, and forwarding to Council for approval.
UTILITIES; Jeremy Parnell, 209-342-4599, [email protected]
ADJOURNMENT
Posted pursuant to Government Code Section 54954.2 on the bulletin board at Tenth Street Place on at by
date time signature
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CITY OF MODESTO
COMMITTEE AGENDA REPORT
DATE OF MEETING:
January 8, 2024
Date: December 11, 2023
TO: Economic Development Committee
Chris Ricci, Chair
Eric Alvarez, Vice Chair
Sue Zwahlen, Member
THROUGH: Joseph P. Lopez, City Manager
FROM: William Wong, Director of Utilities
SUBJECT: United States Bureau of Reclamation WaterSMART Grants SCADA System Replacement Project
CONTACT: Juan Ochoa, Associate Engineer, [email protected], 209-577-5423 DESCRIPTION:
Consider the submission of two Grant Applications to the United States Bureau of Reclamation’s WaterSMART Grant Program and forwarding to Council for approval. (Funding Source: Water Fund)
STRATEGIC PLAN ELEMENT:
The recommended action supports the 2020-2025 City of Modesto Strategic Plan Initiatives, Goal D: Provide safe, efficient, and reliable infrastructure through proactive community investment, maintenance, and sustainability efforts.
BACKGROUND:
The Bureau of Reclamation’s WaterSMART Grant Program provides funding opportunities to western states to assist communities and their water utilities on projects that seek to enhance supply sustainability, promote conservation, and manage water resources more efficiently. The WaterSMART Grant Program offers several paths to project funding; the Utilities Department is seeking approval to submit applications in pursuit of Water and Energy Efficiency and Planning and Project Design Grants.
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Economic Development Committee, January 8, 2024
United States Bureau of Reclamation WaterSMART Grants
SCADA System Replacement Project
Planning and Project Design
Maximum Award $400,000
Cost Share Requirement 50% or More of the Total Project Cost Program Schedule
August 7, 2023 Begin Accepting Applications
April 2, 2024 Deadline for Application Submittal
January 2, 2025 Anticipated Award Date
December 31, 2028 Anticipated Project Completion Date
Water and Energy Efficiency
Maximum Award Date $5,000,000
Cost Share Requirement 50% or More of the Total Project Cost Program Schedule
November 14, 2023 Begin Accepting Applications
February 22, 2024 Deadline for Application Submittal
December 31, 2024 Anticipated Award Date
December 31, 2027 Anticipated Project Completion Date
DISCUSSION:
The City uses a Supervisory Control and Data Acquisition (SCADA) system to operate over 200 water, wastewater, and storm drain facilities (including groundwater wells, tanks, wastewater treatment plant equipment, and lift stations). The SCADA system is comprised of computer hardware, software and a telemetry system that is critical in controlling and delivering a safe drinking water supply to customers, monitoring stormwater pumping and helps in controlling the conveyance and treatment of the City’s wastewater.
On June 7, 2016, by Resolution No. 2016-236, Council approved an Agreement with EMA, to conduct a SCADA Upgrade Study, which was intended to independently review the existing SCADA system and recommend if the City should continue with the Hoge-Shansky-Quetnick (HSQ) system or migrate to another SCADA system. This study concluded it is necessary for the City to migrate to another system to achieve the performance requirements of a functional, modern, and reliable SCADA system.
On June 6, 2023, by Resolution No. 2023-259, Council awarded a Progressive Design-Build Agreement to TelStar Instruments for the Pre-Construction Phase of the SCADA System Replacement Project to preform design development, provide pre-construction services, and prepare, submit and negotiate a commercial proposal for the Design-Build Phase Services, including a Guaranteed Maximum Price (GMP).
FISCAL IMPACT:
The Utilities Department is seeking approximately $5,400,000 in federal grant funding to benefit the Water funded portion of the following Capital Improvement Program Project:
101292 - SCADA System Replacement
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Economic Development Committee, January 8, 2024
United States Bureau of Reclamation WaterSMART Grants
SCADA System Replacement Project
Under this funding opportunity, applicants must provide at least 50% of the total project costs from non-federal sources, either in cash or as in-kind contributions. Local match dollars are currently budgeted in the SCADA System Replacement Project.
CEQA/NEPA REQUIREMENTS:
All CEQA requirements will be addressed through the grant application work plan.
RECOMMENDED COMMITTEE ACTION:
Staff Recommendations:
Motion recommending the submission of a Grant Application to the United States Bureau of Reclamation’s WaterSMART – Water and Energy Efficiency Grant Program for the SCADA System Replacement Project for an amount up to $400,000 in grant funding with a local match requirement of $200,000 and forwarding to Council for approval.
Motion recommending the submission of a Grant Application to the United States Bureau of Reclamation’s WaterSMART – Planning and Project Design Grant Program for the SCADA System Replacement Project for an amount up to $5,000,000 in grant funding with a local match requirement of $2,500,000 and forwarding to Council for approval.
Approved by:
William Wong, Director of Utilities
Joseph P. Lopez, City Manager
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CITY OF MODESTO
COMMITTEE AGENDA REPORT
DATE OF MEETING:
January 8, 2024
Date: December 18, 2023
TO: Economic Development Committee
Chris Ricci, Chair
Eric Alvarez, Vice-Chair
Sue Zwahlen, Member
THROUGH: Joseph P. Lopez, City Manager
FROM: William Wong, Director of Utilities
SUBJECT: First Amendment to Increase Portable Restrooms Agreement CONTACT: Jeremy Parnell, Acting Water Division Manager, [email protected], 209- 342-4599
DESCRIPTION:
Consider a First Amendment to the Portable Toilet Rental Services Agreement to increase the amount by $20,000, for a revised total amount not to exceed $603,250 over the term of the agreement with Sun Valley Portable Restrooms, Inc. of Turlock, CA and United Site Services, Inc. of Modesto, CA. and forwarding to Council for approval. (Funding Source: Water Fund, Various Funds)
STRATEGIC PLAN ELEMENT:
The recommended action supports the 2020-2025 City of Modesto Strategic Plan Initiatives, Goal D: Provide safe, efficient, and reliable infrastructure through proactive community investment, maintenance, and sustainability efforts.
BACKGROUND:
On April 28, 2020, by Resolution 2020-194, Council approved the award of bid for portable toilet rental services to United Site Services, Inc. of Modesto, CA (“United”) as the primary supplier for daily, weekly and monthly rentals and the secondary supplier for yearly rentals to Sun Valley Portable Restrooms, Inc. of Turlock, CA (“Sun Valley”), for a two-year agreement with three (3) one-year extension options for an estimated combined annual cost of $54,888 and a total combined cost not to exceed $274,440 over five years for both.
On April 13, 2021, by Resolution 2021-135, Council approved a First Amendment to the portable toilet rental services agreement for a Portable Americans with Disability (ADA) Restroom Trailer at Dryden Golf Park Clubhouse, to increase the agreement amount by $91,210 from $274,440 to a new total amount of $365,650 over the term of the agreement with United and Sun Valley. #2..
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Economic Development Committee, January 8, 2024
First Amendment to Portable Restrooms Agreement
On January 10, 2023, by Resolution 2023-16, Council approved a Second Amendment to the Agreement for Portable Toilet Rental Services, to increase the agreement amount by $217,600 from $365,650 for a revised total amount not to exceed $583,250 over the term of the agreement with United and Sun Valley.
DISCUSSION:
In April 2022, a price increase request submitted by Sun Valley was approved by the Purchasing Division, with an overall total 37% increase in rates. As the Water Division had spent less than anticipated during the first two years of the Agreement, staff determined that this increase would not result in a need for increased spending authority. However, during the third year of the Agreement, actual expenditures grew by 46% due in part to the rate increase and to adding portable restrooms to certain well sites that had previously not required service.
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 Where the Purchasing Manager, in his or her discretion, determines that it is appropriate to amend the services or goods provided under an existing agreement to include additional similar goods or services, of limited quantity or scope, in order to increase efficiency and avoid delays or disruptions to City projects or services.
To ensure that there are sufficient funds to account for the price increase, a First Amendment is needed to increase the spending authority by $20,000 for a revised total amount not to exceed $603,250 over the term of the agreement with Sun Valley and United.
FISCAL IMPACT:
Funds for this Amended Agreement are budgeted in Fiscal Years 2023-24 and 2024-25, in Water Fund account 4100-45050-53300, Professional Services. Total expenditures for the current portable toilet rental services agreement are listed below:
Contract Year Total
CY1, 04/02/20 – 04/02/21 $ 39,212
CY2, 04/02/21 – 04/02/22 $116,803
CY3, 04/02/22 – 04/02/23 $144,401
CY4 YTD (Apr-Sep 2023) $ 85,039
Grand Total, Contract to Date $385,455
RECOMMENDED COMMITTEE ACTION:
Staff Recommendation:
Motion recommending a First Amendment to the Portable Toilet Rental Services Agreement to increase the amount by $20,000 from $583,250 to a revised total amount not to exceed $603,250 over the term of the agreement with Sun Valley Portable Restrooms, Inc. of Turlock, CA and United Site Services, Inc. of Modesto, CA, and forwarding to Council for approval.
Approved by:
William Wong, Director of Utilities
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Economic Development Committee, January 8, 2024
First Amendment to Portable Restrooms Agreement
Joseph P. Lopez, City Manager
Attachments:
1. First Amendment – Sun Valley Portables
2. Original Agreement
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FIRST AMENDMENT TO AGREEMENT
WITH SUN VALLEY PORTABLE RESTROOMS, INC. FOR THE
FURNISHING OF PORTABLE TOILET RENTAL SERVICES
This First Amendment to the Agreement for the furnishing of portable toilet rental services (“First Amendment”) is entered into between the CITY OF MODESTO, a municipal corporation of the State of California (hereinafter the “CITY”) and Sun Valley Portable Restrooms, Inc. (hereinafter “CONTRACTOR”) entered into by the parties on the ________ day of ____________, 2024.
RECITALS
This First Amendment to the Agreement for the furnishing of portable toilet rental services is made with regard to the following recitals:
WHEREAS, CITY and CONTRACTOR previously entered into an Agreement for the furnishing of portable toilet rental services on the 28th day of April, 2020 (the “Original Agreement”), and
WHEREAS, CITY and CONTRACTOR desire to amend the Original Agreement by increasing the previously approved not to exceed annual amount from $54,888 to an estimated annual amount of $64,888, and
WHEREAS, CITY and CONTRACTOR desire to amend the Original Agreement by correcting the “Term of Contract” dates, and
WHEREAS, CITY and CONTRACTOR desire to amend the Original Agreement to remove the following sentence under terms of contract “Such renewal shall be in the form of an amendment to the Agreement. In no such case shall the renewal extend beyond April 1, 2026.” #2..
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NOW, THEREFORE, in consideration of this First Amendment, and the mutual promises, covenants, and stipulations contained in the Original Agreement and this First Amendment, the parties agree as follows:
1. The Parties hereby mutually agree to increase the estimated annual amount from $54,888 to $64,888.
2. Section 3, “Term of Contract” of the Original Agreement is deleted and replaced in its entirety as follows:
The term of the contract shall be for a period of two (2) years Year 1: April 2, 2020 through April 1, 2021
Year 2: April 2, 2021 through April 1, 2022
Year 3: April 2, 2022 through April 1, 2023
Year 4: April 2, 2023 through April 1, 2024
Year 5: April 2, 2024 through April 1, 2025
3. Section 3, paragraph 1, “Term of Contract” of the Original Agreement is deleted and replaced in its entirety as follows:
“This Agreement may be renewed for three (3) additional one-year terms by mutual, written agreement of the parties.”
4. Except as modified and amended by this First Amendment, all other provisions of the Original Agreement shall remain unchanged and in full force and effect. #2..
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IN WITNESS WHEREOF, the City of Modesto, a municipal corporation, has authorized the execution of this First Amendment to Agreement for the furnishing of portable toilet rental services by its City Manager and attestation by its City Clerk under authority of Resolution No. 2024 - ________, adopted by the Council of the City of Modesto on the ________ day of ___________, 2024, and Sun Valley Portable Restrooms, Inc. has caused this First Amendment to be duly executed as of the Effective Date.
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