Modesto City Council
February 27, 2024

PlayBooster and Forma (5-12 years)
PHASE-1 Direct Bury Mixed Material UNIT TOTAL
QTY NO. DESCRIPTION WEIGHT
(lb)
PRICE
(US $)
WEIGHT
(lb)
PRICE
(2024)
PlayBooster® Bridges & Ramps
1 111345A Bridge/Ramp Transition Bracket 21.0 380.00
1 152444A Grid Walk w/Guardrails 196.0 2,880.00
Climbers W/Permalene Handholds
1 152908C Deck Link w/Handrails Permalene infill
panel 3 Steps
165.0 2,265.00
1 148434A Loop Pole Perm Handholds 48"Dk DB 57.0 1,435.00 1 174449A Sling Shot Climber 48"DK DB 118.0 4,005.00
1 148039A Star Seeker DB Attached to Square Deck 133.0 4,695.00 1 123284A Wiggle Ladder 32"Dk DB 41.0 885.00
Custom
1 CP017598A DTR PB Ribbon Walk Climber DB - Cedar 1121.0 27,830.00 Decks
1 152911A Curved Transfer Module Right 32"Dk DB 195.0 3,040.00 3 111228A Square Tenderdeck 118.0 1,315.00 354.0 3,945.00 1 185852A Transfer Step w/2 Handloops 77.0 1,290.00
2 111231A Triangular Tenderdeck 62.0 1,015.00 124.0 2,030.00 Motion & More Fun
1 111357A Chinning Bar Alum DB 41.0 690.00
1 166809A E-Pod Seat 11.0 395.00
1 120901A Grab Bar 5.0 245.00
Overhead Events
1 142884A 2" S Horizontal Ladder DB 186.0 3,535.00
Posts
2 111404G 100"Alum Post DB 26.0 375.00 52.0 750.00
3 111404F 108"Alum Post DB 28.0 380.00 84.0 1,140.00
4 111404E 116"Alum Post DB 29.0 395.00 116.0 1,580.00
3 111404D 124"Alum Post DB 30.0 455.00 90.0 1,365.00
4 111403D 158"Alum Post For Roof DB 36.0 530.00 144.0 2,120.00 4 111403K 182"Steel Post For Roof DB 104.0 535.00 416.0 2,140.00 Roofs
1 211190D Tree House Roof w/o Stack and w/o Kids
Only sign
294.0 3,980.00
1 211190B Tree House Roof w/Stack and w/o Kids
Only sign
304.0 4,300.00
#20..
- 2097 -
Lakewood Park Components List
Date:01/03/2024 Rep Organization: Ross Recreation
Equipment Co
Quote No: 1178104-01-04
Project Title: Lakewood Park Play Location: Modesto CA

PlayBooster and Forma (5-12 years)
PHASE-1 Direct Bury Mixed Material UNIT TOTAL
QTY NO. DESCRIPTION WEIGHT
(lb)
PRICE
(US $)
WEIGHT
(lb)
PRICE
(2024)
Slides
1 123331B Double Slide 48"Dk DB 137.0 2,640.00
1 130390A Double Swoosh Slide 72"Dk DB1 174.0 3,020.00
1 124863C SlideWinder2 48"Dk DB
1 Right 1 Left
178.0 3,335.00
Forma™ Climbers
1 307436A Footprint Balance Beam DB 47.0 560.00
2 307433A Footprint Stepper 16" DB 30.0 415.00 60.0 830.00 1 307432A Footprint Stepper 8" DB 28.0 400.00
1 307425A Forge Climber DB Only 678.0 24,945.00
Freestanding Play Signs
1 182503C Welcome Sign (LSI Provided)
Ages 5-12 years Direct Bury

24.0 0.00
Swings
2 174018E Belt Seat ProGuard Chains for 7' Beam
Height (Arch Tire Swing Additional To/Fro
Bay)

8.0 160.00 16.0 320.00
1 221294A Tire Swing 5"Arch Add ToFro Bay DB Only 120.0 2,085.00 1 120891A Tire Swing 5"Arch DB Only1 299.0 4,980.00
PlayBooster and Forma (2-5 years)
PHASE-1 Direct Bury Aluminum UNIT TOTAL
QTY NO. DESCRIPTION WEIGHT
(lb)
PRICE
(US $)
WEIGHT
(lb)
PRICE
(2024)
PlayBooster® Climbers W/Permalene Handholds
1 128252A Loop Ladder 48"Dk DB 63.0 1,190.00
1 153076A Mini Summit Climber 48"Dk DB 88.0 1,570.00
1 157427D Pod Climber w/Handloop & Handrail
40"Dk DB Left Handhold

85.0 2,050.00
Decks
1 184354B Curved Transfer Module
Right 2-5yrs 40"Dk DB
284.0 3,980.00
1 121948A Kick Plate 8"Rise 13.0 145.00
2 111228A Square Tenderdeck 118.0 1,315.00 236.0 2,630.00 #20..
- 2098 -
Lakewood Park Components List
Date:01/03/2024 Rep Organization: Ross Recreation
Equipment Co
Quote No: 1178104-01-04
Project Title: Lakewood Park Play Location: Modesto CA

PlayBooster and Forma (2-5 years)
PHASE-1 Direct Bury Aluminum UNIT TOTAL
QTY NO. DESCRIPTION WEIGHT
(lb)
PRICE
(US $)
WEIGHT
(lb)
PRICE
(2024)
Enclosures
1 115229A Finger Maze Panel Above Deck 44.0 925.00
1 115254A Storefront Panel 24.0 800.00
Posts
2 111404E 116"Alum Post DB 29.0 395.00 58.0 790.00
4 111403D 158"Alum Post For Roof DB 36.0 530.00 144.0 2,120.00 Roofs
1 211190C Tree House Roof w/o Stack and w/Kids
Only sign
294.0 4,120.00
Slides
1 123333A Rollerslide 40"Dk DB 364.0 9,655.00
Forma™ Climbers
1 307436A Footprint Balance Beam DB 47.0 560.00
Freestanding Play Climbers
1 173908A Log Stepper 18"Height DB Only 244.0 1,250.00
1 173907A Log Stepper 8"Height DB Only 155.5 910.00
2 120710A Pod Climber 8" DB 12.0 355.00 24.0 710.00
Sensory Play
1 168099A Cozy Dome DB 247.0 5,665.00
Signs
1 182503A Welcome Sign (LSI Provided)
Ages 2-5 years Direct Bury

24.0 0.00
Sports & Fitness
1 173596A Log Balance Beam DB1 455.0 4,530.00
Swings
1 221292A 5" Arch Swing Frame 8' Beam Height Only 204.0 3,665.00 2 176038A Full Bucket Seat ProGuard Chains for 8'
Beam Height

14.0 445.00 28.0 890.00
#20..
- 2099 -
Lakewood Park Components List
Date:01/03/2024 Rep Organization: Ross Recreation
Equipment Co
Quote No: 1178104-01-04
Project Title: Lakewood Park Play Location: Modesto CA

SUMMARY WEIGHT
(lb)
PRICE
(2024)
PlayBooster and Forma (5-12 years) PHASE-1 6,106.0 120,035.00 Total Safety Zone Area = 4419 sq. ft.

PlayBooster and Forma (2-5 years) PHASE-1 3,125.5 48,155.00 Total Safety Zone Area = 4419 sq. ft.

ALL PHASES PlayBooster® 6,531.0 115,890.00
Forma™ 860.0 27,295.00
Freestanding Play 1,840.5 25,005.00
Total 9,231.5 168,190.00
#20..
- 2100 -
Nicole Nowak [email protected]
Ross Recreation Representative
00042964 $161,480.71
Note to Customer Thank you for the opportunity to quote your

SIGNATURE BELOW ACCEPTING THIS PROPOSAL WILL CONSTITUTE A PURCHASE ORDER ONLY UPON APPROVAL BY ROSS RECREATION EQUIPMENT, INC. CUSTOMER RECEIPT OF AN ORDER ACKNOWLEDGEMENT CONSTITUTES SUCH APPROVAL.

Total $161,480.71
Freight Amount $19,297.38
Labor Amount $4,764.57
Tax Amount $11,201.76
Credit Terms Net 30 On Materials Shipment Materials Amount $126,217.00 Est Lead Time 20-24 weeks
Quote Exp Date 2/2/2024
Quote Date 1/2/2024
Quote Name NPP_Riverside Park 1178240-02-05
Opportunity Name Riverside Park Play
Quote Number 00042964
City of Modesto Corp Yard
501 N. Jefferson Street
Attn: Chris Orr
Modesto, California 95354
United States
Ship To
Ship To Name City of Modesto
Phone (209) 577-5451
City of Modesto Finance
Atten: Accounts Payable
P.O. Box 642
Modesto, California 95353-0642
United States
Bill To
Bill To Name City of Modesto
Contact Name Joel Bueno

ALL PURCHASE ORDERS, CONTRACTS, AND
CHECKS TO BE MADE OUT TO:

Ross Recreation Equipment, Inc.
100 Brush Creek Road, #206
Santa Rosa, CA. 95404
707.538.3800 - [email protected]
PS21070
Prepared For:

Quantity Product Product Description Sales
Price Total Price

1.00 PlayBooster,
5-12
Landscape Structures PlayBooster, ages 5-12. Design #1178240-02-05 includes: Portal Climber, Shockwave Climber, Vertical Ascent Climber, Vertical Ladder, Play Panels, Double Slide, Double Swoosh Slide, WhooshWinder Slide, ZipKrooz, 2 Bay Single Swing w/ 2 Belts and 2 Buckets, TopsyTurny Spinner, 2 CoolTopper Shades
$93,110.00 $93,110.00

1.00 PlayShaper
Landscape Structures PlayShaper, ages 2-5 design #1178240-02-05 includes: Block climber, Loop Ladder, Driver Panel, Geometric Panel, Hole Panel, Match 4 Panel, Slant Entrance Panel, Storefront Panel, Double Swirl Slide, Single Slide, ReviRock Bouncer, CoolTopper Shade
$39,750.00 $39,750.00

1.00 NPP Ross
Discount Please Provide Customer NPP # -$6,643.00 -$6,643.00

1.00 Bond Bond - Standard 3% on total project amount including tax and freight. $4,764.57 $4,764.57 Notes to Customer
New Section
#20..
- 2101 -
Nicole Nowak [email protected]
Ross Recreation Representative
00042964 $161,480.71
upcoming project. PLEASE NOTE: Quote does
not include installation, offload, payment and
performance bonds, engineering calculations,
security, storage, permits, inspection or safety
surfacing, unless otherwise noted. Unless noted,
freight costs are based on semi-truck access and
do not include a lift-gate.

Deposits may be required before an order can
be placed depending on customer credit terms.

Your purchase is subject to the terms and
conditions of this quote. Approval of this quote
agrees to those terms.

If ordering materials after the quoted expiration
date, please contact your sales representative
for current pricing. Due to material cost
increases and a fluid pricing environment, Ross
Recreation cannot hold pricing past the stated
Expiration Date on this quote. To secure current
pricing, Ross Recreation will require the
following:
- PO, signed quote or contract with approval for
the order.
- Deposit if required by credit terms.
- Color selections and/or approved submittals.
- Acceptance of delivery when materials or
equipment is ready to ship. Products cannot be
held nor stored.

Sales tax will be based on the current rate at the
time of shipping, not the order date. Customer
will be expected to cover these, or any changes,
to sales taxes.

Ross Recreation will provide labor using a
subcontractor for all installation and labor
quoted. Neither Ross Recreation, nor our
subcontractors, are signatory to any unions;
however, compliance with prevailing wage rate
requirements will occur. If union enrollment is
required by our subcontractor for completion of
this project, Ross Recreation will require a
Change Order to cover the costs of a per project
enrollment and additional wage/benefit
requirements.

Signature _________________________________
Name ____________________________________
Title _____________________________________
Date _____________________________________
#20..
- 2102 -
Riverside Components List
Date:01/02/2024 Rep Organization: Ross Recreation
Equipment Co
Quote No: 1178240-02-05
Project Title: Riverside Park Play Location: Modesto CA

PlayBooster and PlayShaper (2-5 years)
PHASE-1 Direct Bury Mixed Material UNIT TOTAL
QTY NO. DESCRIPTION WEIGHT
(lb)
PRICE
(US $)
WEIGHT
(lb)
PRICE
(2024)
PlayBooster® Posts
1 154883B 249"Steel Post (60" Bury) For CoolTopper
Single Post Pyramid Roof
211.0 1,200.00
Roofs
1 154884A CoolToppers Single Post Pyramid Roof DB 145.0 4,225.00 PlayShaper® Climbers
1 135547B Block Climber DK-Grnd 40"Dk DB 181.0 3,205.00 1 111364A Loop Ladder 48"Dk DB 59.0 1,190.00
Decks
1 153020B Curved Transfer Module 40"Dk Left DB 234.0 3,230.00 4 179349A Kick Plate 8"Rise 13.0 145.00 52.0 580.00
4 111237A Square Tenderdeck 102.0 1,000.00 408.0 4,000.00 Enclosures
1 111288A Driver Panel Above Deck 47.0 960.00
1 112997B Geometric Panel AD w/o Handles 34.0 790.00
1 111284A Hole Panel 23.0 600.00
1 127684A Match 4 Panel Above Deck 35.0 1,190.00
1 111387A Slant Entrance Panel DB 52.0 1,245.00
1 144984A Storefront Panel 20.0 535.00
Posts
1 111397C 106"Post DB 21.0 375.00
6 111397B 114"Post DB 23.0 380.00 138.0 2,280.00
2 111397A 128"Post DB 25.0 455.00 50.0 910.00
Roofs
1 238043A PS/Shade Bracket Kit 5.0 270.00
Slides
1 178768A Double Swirl Slide 48"Dk DB 176.0 2,895.00
1 133668A Single Slide 40"Dk DB 91.0 2,000.00
Freestanding Play Motion & More Fun
1 295696A ReviRock Bouncer DB Only 333.0 5,550.00
Signs
1 182503A Welcome Sign (LSI Provided) Ages 2-5 24.0 0.00 Swings
2 176038A Full Bucket Seat ProGuard Chains for 8'
Beam Height

14.0 445.00 28.0 890.00
1 177332A Single Post Swing Frame 8' Beam Height 213.0 1,630.00 #20..
- 2103 -
Riverside Components List
Date:01/02/2024 Rep Organization: Ross Recreation
Equipment Co
Quote No: 1178240-02-05
Project Title: Riverside Park Play Location: Modesto CA

PlayBooster (5-12 years)
PHASE-1 Direct Bury Mixed Material UNIT TOTAL
QTY NO. DESCRIPTION WEIGHT
(lb)
PRICE
(US $)
WEIGHT
(lb)
PRICE
(2024)
PlayBooster® Climbers W/Permalene Handholds
1 152907B Deck Link w/Barriers Steel end panels 2
Steps
182.0 2,625.00
1 152907C Deck Link w/Barriers Steel end panels 3
Steps
236.0 3,420.00
1 202594A Portal Climber w/Permalene Handhold
(Right) Equal Decks 72"Dk DB Only
184.0 7,105.00
1 229831A Shockwave Climber 96" Deck DB 314.0 3,870.00
1 145624D Vertical Ascent 72"Dk 104.0 1,735.00
1 116247A Vertical Ladder - Panel 24" 44.0 1,105.00
Decks
5 111228A Square Tenderdeck 118.0 1,315.00 590.0 6,575.00 1 185852A Transfer Step w/2 Handloops 77.0 1,290.00
Enclosures
1 115253A Hole Panel 30.0 775.00
1 116244B Pipe Barrier w/Wheel Above Deck 57.0 1,050.00 1 115254A Storefront Panel 24.0 800.00
2 115227A Zoo Panel Above Deck 36.0 790.00 72.0 1,580.00 Motion & More Fun
1 120901A Grab Bar 5.0 245.00
1 120818A Playstructure Seat 26.0 490.00
Overhead Events
1 142887A 2"Horizontal Ladder 98.0 1,505.00
Posts
1 111404G 100"Alum Post DB 26.0 375.00
3 111404E 116"Alum Post DB 29.0 395.00 87.0 1,185.00
2 111404D 124"Alum Post DB 30.0 455.00 60.0 910.00
2 111404C 132"Alum Post DB 31.0 475.00 62.0 950.00
2 111404A 148"Alum Post DB 36.0 505.00 72.0 1,010.00
2 111404M 148"Steel Post DB 88.0 455.00 176.0 910.00
5 111404Z 182"Steel Post DB 44" Bury 105.0 595.00 525.0 2,975.00 1 154883A 265"Steel Post (60" Bury) For CoolTopper
Single Post Pyramid Roof
222.0 1,260.00
1 154883F 301"Steel Post (72" Bury) For CoolTopper
Single Post Pyramid Roof
253.0 1,640.00
#20..
- 2104 -
Riverside Components List
Date:01/02/2024 Rep Organization: Ross Recreation
Equipment Co
Quote No: 1178240-02-05
Project Title: Riverside Park Play Location: Modesto CA

PlayBooster (5-12 years)
PHASE-1 Direct Bury Mixed Material UNIT TOTAL
QTY NO. DESCRIPTION WEIGHT
(lb)
PRICE
(US $)
WEIGHT
(lb)
PRICE
(2024)
1 111404H 92"Alum Post DB 23.0 355.00
Roofs
2 154884A CoolToppers Single Post Pyramid Roof DB 145.0 4,225.00 290.0 8,450.00 Slides
1 123331B Double Slide 48"Dk DB 137.0 2,640.00
1 130390A Double Swoosh Slide 96"Dk DB1 295.0 3,780.00
1 148426B Firepole Perm Handholds 72"Dk DB 59.0 1,005.00 1 222708A WhooshWinder Slide 72"Dk DB1 346.0 6,470.00
Freestanding Play Motion & More Fun
1 205800A TopsyTurny Spinner 42"Bury DB Only1 397.0 6,320.00 1 194663A ZipKrooz 34' w/Aluminum Posts 815.0 15,225.00 Signs
1 182503C Welcome Sign (LSI Provided) Ages 5-12 24.0 0.00 Swings
4 174018A Belt Seat ProGuard Chains for 8' Beam 8.0 160.00 32.0 640.00 1 177332A Single Post Swing Frame 8' Beam Height 213.0 1,630.00 1 177333A Single Post Swing Frame Additional Bay 8'
Beam Height Only
129.0 1,210.00

SUMMARY WEIGHT
(lb)
PRICE
(2024)
PlayBooster and PlayShaper (2-5 years)
PHASE-1 2,580.0 39,750.00
Total Safety Zone Area = 4938 sq. ft.

PlayBooster (5-12 years) PHASE-1 6,286.0 93,110.00
Total Safety Zone Area = 4938 sq. ft.

ALL PHASES PlayBooster® 5,032.0 73,510.00
PlayShaper® 1,626.0 26,255.00
Freestanding Play 2,208.0 33,095.00
Total 8,866.0 132,860.00
#20..
- 2105 -
Nicole Nowak [email protected]
Ross Recreation Representative
00043122 $51,447.53
Thank you for the opportunity to quote your
upcoming project. PLEASE NOTE: Quote does
not include installation, offload, payment and
performance bonds, engineering calculations,
security, storage, permits, inspection or safety
surfacing, unless otherwise noted. Unless noted,
Note to Customer
(Install)
Signature _________________________________
Name ____________________________________
Title _____________________________________
Date _____________________________________

SIGNATURE BELOW ACCEPTING THIS PROPOSAL WILL CONSTITUTE A PURCHASE ORDER ONLY UPON APPROVAL BY ROSS RECREATION EQUIPMENT, INC. CUSTOMER RECEIPT OF AN ORDER ACKNOWLEDGEMENT CONSTITUTES SUCH APPROVAL.

Total $51,447.53
Freight Amount $7,111.72
Labor Amount $0.00
Tax Amount $3,614.06
Credit Terms Net 30 On Materials Shipment Materials Amount $40,721.75 Est Lead Time Check with Sales Rep
Quote Exp Date 3/5/2024
Quote Date 2/5/2024
Quote Name NPP City Gate 1181012-02-03
Opportunity Name City Gate Park Renovation
Quote Number 00043122
City of Modesto Corp Yard
501 N. Jefferson Street
Attn: Chris Orr
Modesto, California 95354
United States
Ship To
Ship To Name City of Modesto
Phone (209) 577-5451
City of Modesto Finance
Atten: Accounts Payable
P.O. Box 642
Modesto, California 95353-0642
United States
Bill To
Bill To Name City of Modesto
Contact Name Joel Bueno

ALL PURCHASE ORDERS, CONTRACTS, AND
CHECKS TO BE MADE OUT TO:

Ross Recreation Equipment, Inc.
100 Brush Creek Road, #206
Santa Rosa, CA. 95404
707.538.3800 - [email protected]
PS21070
Prepared For:

Quantity Product Product Description Sales
Price Total Price

1.00 PlayBooster
2-5 &
PlayBooster
5-12
Landscape Structures PlayBooster for age 2-12. Design #1181012-02-03 Deserted Island Theme: Pod Climber w/ Handloop, Vertical Ladder, Wiggle Ladder, Wire Barrier Panel w/ Wheel, DigiFuse Bubble Panel w/ Sea Theme, Ship Bow Climber, CoolTopper Single Post Pyramid Shade, Footprint Balance Beam, Chinning Bar w/ Hand Hold Leg Lift and Accessible Stationary Cycler
$42,865.00 $42,865.00

1.00 NPP Ross
Discount Please Provide Customer NPP # -$2,143.25 -$2,143.25 Notes to Customer
New Section
#20..
- 2106 -
Nicole Nowak [email protected]
Ross Recreation Representative
00043122 $51,447.53
freight costs are based on semi-truck access and
do not include a lift-gate.

Deposits may be required before an order can
be placed depending on customer credit terms.

Your purchase is subject to the terms and
conditions of this quote. Approval of this quote
agrees to those terms.

If ordering materials after the quoted expiration
date, please contact your sales representative
for current pricing. Due to material cost
increases and a fluid pricing environment, Ross
Recreation cannot hold pricing past the stated
Expiration Date on this quote. To secure current
pricing, Ross Recreation will require the
following:
- PO, signed quote or contract with approval for
the order.
- Deposit if required by credit terms.
- Color selections and/or approved submittals.
- Acceptance of delivery when materials or
equipment is ready to ship. Products cannot be
held nor stored.

If this is a bid, it is the responsibility of the
General Contractor to adjust their bid to
accommodate for anticipated pricing based on
the project timeline.

Sales tax will be based on the current rate at the
time of shipping, not the order date. Customer
will be expected to cover these, or any changes,
to sales taxes.
#20..
- 2107 -
City Gate Park Option 1
Components List
Date:12/15/2023 Rep Organization: Ross Recreation
Equipment Co
Quote No: 1181012-01-02
Project Title: City Gate Park Renovation Location: Modesto CA

PlayBooster (5-12 years)
PHASE-1 Direct Bury Mixed Material UNIT TOTAL
QTY NO. DESCRIPTION WEIGHT
(lb)
PRICE
(US $)
WEIGHT
(lb)
PRICE
(2024)
PlayBooster® Climbers Nature-Inspired
1 169318C Wood Plank Wiggle Ladder 48"Deck
w/Recycled Wood-Grain Handholds DB

79.0 1,910.00
Climbers W/Permalene Handholds
1 116247A Vertical Ladder - Panel 24" 44.0 1,105.00
Custom
1 CP003181 POST MOUNT PENNANT STYLE FLAG 20.0 340.00
1 CP003305 BOOGIE BOARD™ WITHOUT POST Boogie
Board without PB 108" steel post. *Note:

Designer should insert or use STEEL Post
(8" taller than std) for this when
applicable.

65.0 2,580.00
1 CP001598 RPL WOOD-GRAIN LUMBER PANEL
W/PERISCOPE Above Deck

81.0 4,320.00
Decks
2 122197A 90* Triangular Tenderdeck 66.0 1,105.00 132.0 2,210.00 3 121948A Kick Plate 8"Rise 13.0 145.00 39.0 435.00
1 111228A Square Tenderdeck 118.0 1,315.00
1 185852A Transfer Step w/2 Handloops 77.0 1,290.00
2 111231A Triangular Tenderdeck 62.0 1,015.00 124.0 2,030.00 1 119646A Tri-Deck Extension 51.0 985.00
1 121949A Tri-Deck Kick Plate 8"Rise 13.0 215.00
Enclosures
1 164092A Bongo Panel Above Deck 53.0 1,270.00
1 120314A Wire Barrier Above Deck 38.0 875.00
Motion & More Fun
1 120901A Grab Bar 5.0 245.00
1 120902A Handhold Leg Lift 4.0 265.00
Overhead Events
1 193170A LolliLadder w/2 E-Pods 81.0 3,225.00
Posts
2 111404F 108"Alum Post DB 28.0 380.00 56.0 760.00
2 111404E 116"Alum Post DB 29.0 395.00 58.0 790.00
3 111404D 124"Alum Post DB 30.0 455.00 90.0 1,365.00
1 111404B 140"Alum Post DB 34.0 480.00
1 111403P 142"Steel Post For Roof DB 82.0 485.00
#20..
- 2108 -
City Gate Park Option 1
Components List
Date:12/15/2023 Rep Organization: Ross Recreation
Equipment Co
Quote No: 1181012-01-02
Project Title: City Gate Park Renovation Location: Modesto CA

PlayBooster (5-12 years)
PHASE-1 Direct Bury Mixed Material UNIT TOTAL
QTY NO. DESCRIPTION WEIGHT
(lb)
PRICE
(US $)
WEIGHT
(lb)
PRICE
(2024)
1 111403O 150"Steel Post For Roof DB 87.0 505.00
1 154883B 249"Steel Post (60" Bury)
For CoolTopper Single Post Pyramid Roof
211.0 1,200.00
Roofs
1 154884A CoolToppers Single Post Pyramid Roof DB 145.0 4,225.00 2 178469A Palm Tree Accent Topper Custom 134.0 2,080.00 268.0 4,160.00 Slides
1 123331A Double Slide 32"Dk DB 119.0 2,340.00
Freestanding Play
Climbers
1 158997A Pod Climber 10" DB 13.0 355.00
1 120710A Pod Climber 8" DB 12.0 355.00
Signs
1 182503C Welcome Sign (LSI Provided)
Ages 5-12 years Direct Bury

24.0 0.00

SUMMARY WEIGHT
(lb)
PRICE
(2024)
PlayBooster (5-12 years) PHASE-1 2,223.0 41,635.00
Total Safety Zone Area = 752 sq. ft.

ALL PHASES PlayBooster® 2,174.0 40,925.00
Freestanding Play 49.0 710.00
Total 2,223.0 41,635.00
#20..
- 2109 -
FINANCIAL INTEREST DISCLOSURE (only required if agreement is over $100K) Any contract award to result from this RFP process and Proposer’s submission of a Proposal therewith will require approval by a majority vote of the City of Modesto’s City Council. In order to have full transparency in any City of Modesto commercial actions, the City Council may not approve an agreement between the City and the Proposer until all persons with a direct or indirect financial interest of greater than $2,000 in the Proposer are identified by name.

Proposer must therefore complete this Financial Interest Disclosure Form, listing by name all parties that have a material financial interest in the agreement, contract or development right.

PLEASE NOTE, any Council action that requires a Financial Interest Disclosure cannot be considered by the City Council until the required reporting is made. That means that City Council agenda items without the disclosure will be removed from the Council agenda.

Financial Interest Disclosure to City of Modesto
Proposer shall identify any person with a financial interest in the Proposer by name, below.

For the purposes of this disclosure, a “Financial Interest” shall have the meaning contained in Modesto Municipal Code section 2-10.02.

Persons having an aggregate economic interest in the Proposer less than two thousand dollars ($2,000.00) at all times prior to final Council action of the proposed contract are not required to be listed on the Financial Interest Disclosure.

Notwithstanding the foregoing, a Financial Interest Disclosure is not required for a Proposer meeting the financial criteria for listing on the New York or the Pacific Stock exchanges unless it is reasonably foreseeable that a City Council decision will increase or decrease that entity's gross revenues or expenses by one million dollars ($1,000,000) or more and the requirements of Modesto Municipal Code Section 2-10.03(h) are satisfied.

It is the legal obligation of all applicants for approval of an agreement or of an application for development rights to verify in writing, under penalty of perjury, that the identity of each person having a material financial interest in the Proposer is true, correct and complete. By signing below, the applicant understands that this information is provided under penalty of perjury, and that intentionally supplying misinformation or deception may result in either invalidation of the agreement or application, or criminal prosecution for misdemeanor violation of the Modesto Municipal Code, or both. Negligent provision of misinformation shall be grounds for invalidation.

In accordance with the Modesto Municipal Code, each applicant has a continuing obligation to maintain the truth, accuracy and completeness of the financial interest disclosure information provided below until after final consideration by the City Council of any matter arising out of or relating to the agreement or application.
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Print Names of Persons Having a Financial Interest in Proposer Receiving this Agreement:

First Name, Last Name
First Name, Last Name
First Name, Last Name
First Name, Last Name
First Name, Last Name
First Name, Last Name
First Name, Last Name
First Name, Last Name
First Name, Last Name
First Name, Last Name
First Name, Last Name
First Name, Last Name
First Name, Last Name
First Name, Last Name
By signing this document, I agree to the information contained within.

Proposer Company Name:

Name of Proposer Signatory:

Signature of Proposer Representative:
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LEAGUE OF OREGON CITIES

PARK, PLAYGROUND, AND RECREATION EQUIPMENT
Solicitation Synopsis
Solicitation No. 2060
Intent
The League of Oregon Cities (LOC), in conjunction with National Purchasing Partners, LLC (NPP) dba NPPGov, dba Public Safety GPO, served as Lead Agency to solicit proposals to service the LOC and NPP membership. The published Request for Proposal (RFP) contained provisions that permitted all members of LOC and NPP throughout the nation to “piggy-back” off the resulting Master Price Agreement.

Determination for issuing RFP vs. Sealed Bid
LOC has determined that it is advantageous for LOC to procure PARK, PLAYGROUND, AND RECREATION EQUIPMENT using the competitive RFP process rather than sealed bidding. Sealed bidding limits evaluation of offers solely to compliance with the requirements, provides no opportunity to compare the product and service offerings among the vendors, prohibits revision of the offers, and uses price as the predominate deciding factor. Such limitations prevent LOC from awarding the most advantageous contract(s) for LOC and its members.

Procedure
LOC issued an RFP (2060) on October 14, 2020.

The RFP was published in the Daily Journal of Commerce on October 14, 2020.

The RFP was published in the USA Today on October 14, 2020.

The RFP Close Date was extended to due to COVID-19 on November 20, 2020.

The RFP closed on January 15, 2021.

The RFP was awarded on March 15, 2021.

The RFP was posted to the following web sites: www.nppgov.com, www.orcities.org and www.findrfp.com.

The text of the published notice of solicitation is as follows:
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LOC received a proposal (s) from the following vendor (s):

1. Berliner Seilfabrik Play Equipment Corporation

2. Buell Recreation, LLC

3. Northwest Playground

4. Park Associates DBA Park Planet

5. Pet and Playground

6. Playcraft Systems

7. Playwell

8. Playworks

9. Ross Recreation Equipment Company, Inc.

10. Vortex Aquatics Structures
A copy of the log for proposals received is attached hereto.

Proposals were evaluated by LOC based on the criteria contained in the RFP and selected the following successful proposer(s):

1. Berliner Seilfabrik Play Equipment Corporation

2. Buell Recreation, LLC

3. Northwest Playground Equipment, Inc.

4. Park Associates DBA Park Planet

5. Pet and Playground Products

6. Playcraft Systems LLC

7. Ross Recreation Equipment Company, Inc.
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8. Vortex Aquatic Structures International
Evaluation
The evaluation was based on the following criteria as described in the RFP (weighted):

Component Evaluated Weight
Pricing: Product price and discounts proposed included
favorable pricing for cooperative purchasing.

Shipping conditions.

PPW Section 7.0 and Pricing structure.
25 Product Line (Score only categories proposed): Breadth, variety, quality of product line and innovation of products.

Warranty availability.

PPW Section 9.0.
15 Marketing: Marketing plan to promote the resulting
contractual agreement and ability to incorporate use of agreement in their sales system throughout indicated
coverage region. Willingness to allow training of salesforce.

PPW Section 4.0.
15 Customer Service: Support dedicated to Participating Agencies. Ability to meet promised delivery timelines.

Additional services offered.

Conduct e-commerce.

PPW Sub-Sections 2.3 & 2.4 and Section 6.0.
15 Proven Experience: Success in providing products and services in a timely manner. Years in business, references and reputation. Experience with cooperative purchasing.

PPW Sub-Section 1.2.
15 Coverage: Ability to provide products and services for indicated coverage region including distribution, retail & service facilities, coordination of manufacturer and
distribution, and staff availability. Clearly states distribution model and provides dealer list if applicable.

PPW Section 3.0 and Exhibit 1.
10 Conformance: Completeness of proposal and the degree to which the Proposer responded to the terms and all
requirements and specifications of the RFP. Followed the response format and content, was clear and easily
understood. Provided Term’s and Condition’s, if applicable.

PPW Section 8.0 and 4.5 of RFP.
5 TOTAL 100
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Pricing Structure
Berliner Seilfabrik Play Equipment Corporation: Proposer provided a discount off list price. See Price List Attachment in the resulting Master Price Agreement.

Buell Recreation, LLC: Proposer provided a discount off list price. See Price List Attachment in the resulting Master Price Agreement.

Northwest Playground Equipment, Inc.: Proposer provided a discount off list price. See Price List Attachment in the resulting Master Price Agreement.

Park Associates DBA Park Planet: Proposer provided a discount off list price. See Price List Attachment in the resulting Master Price Agreement.

Pet and Playground Products: Proposer provided a discount off list price. See Price List Attachment in the resulting Master Price Agreement.

Playcraft Systems LLC: Proposer provided a discount off list price. See Price List Attachment in the resulting Master Price Agreement.

Ross Recreation Equipment Company, Inc.: Proposer provided a discount off list price.

See Price List Attachment in the resulting Master Price Agreement.

Vortex Aquatic Structures International: Proposer provided a discount off list price. See Price List Attachment in the resulting Master Price Agreement.

Additional Information
National Purchasing Partners Bill DeMars, Vice President SeaTac Office Center, North Tower [email protected] 17930 International Boulevard (612) 325.2537
Suite 900 www.nppgov.com
Seattle, WA 98188
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RFP PROPOSAL RECEIPT LOG
RFP: 2060

Solicitation Park, Playground, and Recreation
Equipment
Due Date 01/15/2021 Time 5:00 PM Pacific Time
League of Oregon Cities (LOC) has received the following responses to the solicitation listed above.

Name Shipping
Carrier
Date & Time Notes
Pet and Playground FedEx 12/1/20 5:00pm
Playwell USPS 12/1/20 5:00pm
Playworks USPS 12/1/20 5:00pm
Park Planet FedEx 12/1/20 5:00pm
Playcraft Systems FedEx 12/1/20 5:00pm
Ross Recreations Equipment Walk in 1/15/2021 4:30pm
Vortex Aquatics Structures DHL 1/15/2021 5:00pm
Berliner Seilfabrik Play Equipment Corp UPS 1/15/2021 5:00pm Buel Recreation FedEx 1/14/2021 5:00pm
Northwest Playground FedEx 1/14/2021 5:00pm
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RFP PROPOSAL RECEIPT LOG
RFP: 2060

I hereby certify that the above proposals were received prior to the due date and time listed:

Signed Witnessed by
Printed Printed
Date Date
Note: LOC Staff will initial each entry and note the last response received, lining out the remaining spaces. #20..
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ABC WATER PRODUCTS
INC AquaWorx, Inc. BCI Burke Company, LLC
Berliner Seilfabrik Play
Equipment Corporation
Columbia Cascade
Company CXT Inc Ecore International
Henderson Recreation
Equipment Limited Industrial Shadeports Inc.

Keystone Ridge Designs,
Inc. Landscape Structures Inc. North West Rubber PlayPower Possible Points
Conformance to RFP
Requirements 50 32 39 42 37 37 35 37 41 35 43 44 41 43
Pricing 400 322 335 329 278 308 344 323 322 334 336 330 325 342Financial Viability andMarketplace Success 75 49 54 66 54 51 61 60 57 52 62 66 56 68Ability to Sell and Deliver Service 100 69 81 83 71 65 78 78 78 65 81 83 80 87
Marketing Plan 50 36 42 43 35 37 39 38 37 38 42 43 37 44Value Added Attributes 75 45 59 65 57 57 63 60 61 62 63 67 56 67Warranty 50 42 43 44 42 39 38 40 44 43 42 42 41 43Depth and Breadth of Offered Equipment,Products, or Services 200 156 155 166 147 148 123 141 154 135 144 177 138 178 Total Points 1,000 751 808 838 721 742 781 777 794 764 813 852 774 872Rank Order 20 10 5 23 22 14.5 16 13 19 8 2 17 1 Prophet Corp.

Public Restroom
Company Raindrop Products LLC Rubbercycle LLC RyͲLecia Corp Saris Cycling Group SofSurfaces, Inc The Fountain People The Recreational Group TLMV Inc dba American
Fence Company Vortex USA Waterplay Solutions
Possible Points
Conformance to RFP
Requirements 50 42 38 41 37 36 36 43 36 41 37 41 44
Pricing 400 332 316 343 330 259 328 333 311 346 307 299 341 Financial Viability and
Marketplace Success 75 58 62 64 60 51 56 62 60 57 49 64 64 Ability to Sell and Deliver
Service 100 78 73 83 80 60 74 85 76 76 62 84 82
Marketing Plan 50 44 43 45 36 30 40 44 40 42 37 43 43
Value Added Attributes 75 62 61 66 60 34 60 65 58 58 52 62 67 Warranty 50 45 43 43 43 37 41 46 43 42 42 40 42
Depth and Breadth of
Offered Equipment,Products, or Services 200 158 130 166 151 136 115 148 157 147 134 166 164 Total Points 1,000 819 766 851 797 643 750 826 781 809 720 799 847 Rank Order 7 18 3 12 25 21 6 14.5 9 24 11 4
Kim Austin, MBA, CPPB, Procurement Lead Analyst Michael Muñoz, CPPB, Procurement Analyst Carol Jackson, Procurement Analyst Beverly Hoemberg, Procurement Analyst Proposal Evaluation
Playground and Water Play Equipment with Related Accessories and Services RFP #010521 







  
 

 

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Solicitation Number: RFP #010521

CONTRACT
This Contract is between Sourcewell, 202 12th Street Northeast, P.O. Box 219, Staples, MN 56479 (Sourcewell) and PlayPower, Inc., 11515 Vanstory Drive #100, Huntersville, NC 28078 (Vendor).

Sourcewell is a State of Minnesota local government agency and service cooperative created under the laws of the State of Minnesota (Minnesota Statutes Section 123A.21) that offers cooperative procurement solutions to government entities. Participation is open to federal, state/province, and municipal governmental entities, higher education, K-12 education, nonprofit, tribal government, and other public entities located in the United States and Canada.

Sourcewell issued a public solicitation for Playground and Water Play Equipment with Related Accessories and Services from which Vendor was awarded a contract.

Vendor desires to contract with Sourcewell to provide equipment, products, or services to Sourcewell and the entities that access Sourcewell’s cooperative purchasing contracts (Participating Entities).

1. TERM OF CONTRACT
A. EFFECTIVE DATE. This Contract is effective upon the date of the final signature below.

B. EXPIRATION DATE AND EXTENSION. This Contract expires February 17, 2025, unless it is cancelled sooner pursuant to Article 22. This Contract may be extended up to one additional one-year period upon request of Sourcewell and with written agreement by Vendor.

C. SURVIVAL OF TERMS. Articles 11 through 14 survive the expiration or cancellation of this Contract.

2. EQUIPMENT, PRODUCTS, OR SERVICES
A. EQUIPMENT, PRODUCTS, OR SERVICES. Vendor will provide the Equipment, Products, or Services as stated in its Proposal submitted under the Solicitation Number listed above.

Vendor’s Equipment, Products, or Services Proposal (Proposal) is attached and incorporated into this Contract.







 





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All Equipment and Products provided under this Contract must be new/current model. Vendor may offer close-out or refurbished Equipment or Products if they are clearly indicated in Vendor’s product and pricing list. Unless agreed to by the Participating Entities in advance, Equipment or Products must be delivered as operational to the Participating Entity’s site.

This Contract offers an indefinite quantity of sales, and while substantial volume is anticipated, sales and sales volume are not guaranteed.

B. WARRANTY. Vendor warrants that all Equipment, Products, and Services furnished are free from liens and encumbrances, and are free from defects in design, materials, and workmanship.

In addition, Vendor warrants the Equipment, Products, and Services are suitable for and will perform in accordance with the ordinary use for which they are intended. Vendor’s dealers and distributors must agree to assist the Participating Entity in reaching a resolution in any dispute over warranty terms with the manufacturer. Any manufacturer’s warranty that is effective past the expiration of the Vendor’s warranty will be passed on to the Participating Entity.

C. DEALERS, DISTRIBUTORS, AND/OR RESELLERS. Upon Contract execution, Vendor will make available to Sourcewell a means to validate or authenticate Vendor’s authorized dealers, distributors, and/or resellers relative to the Equipment, Products, and Services related to this Contract. This list may be updated from time-to-time and is incorporated into this Contract by reference. It is the Vendor’s responsibility to ensure Sourcewell receives the most current version of this list.

3. PRICING
All Equipment, Products, or Services under this Contract will be priced as stated in Vendor’s Proposal.

When providing pricing quotes to Participating Entities, all pricing quoted must reflect a Participating Entity’s total cost of acquisition. This means that the quoted cost is for delivered Equipment, Products, and Services that are operational for their intended purpose, and includes all costs to the Participating Entity’s requested delivery location.

Regardless of the payment method chosen by the Participating Entity, the total cost associated with any purchase option of the Equipment, Products, or Services must always be disclosed in the pricing quote to the applicable Participating Entity at the time of purchase.

A. SHIPPING AND SHIPPING COSTS. All delivered Equipment and Products must be properly packaged. Damaged Equipment and Products may be rejected. If the damage is not readily apparent at the time of delivery, Vendor must permit the Equipment and Products to be returned within a reasonable time at no cost to Sourcewell or its Participating Entities.

Participating Entities reserve the right to inspect the Equipment and Products at a reasonable 






 





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time after delivery where circumstances or conditions prevent effective inspection of the Equipment and Products at the time of delivery.

Vendor must arrange for and pay for the return shipment on Equipment and Products that arrive in a defective or inoperable condition.

Sourcewell may declare the Vendor in breach of this Contract if the Vendor intentionally delivers substandard or inferior Equipment or Products. In the event of the delivery of nonconforming Equipment and Products, the Participating Entity will notify the Vendor as soon as possible and the Vendor will replace nonconforming Equipment and Products with conforming Equipment and Products that are acceptable to the Participating Entity.

B. SALES TAX. Each Participating Entity is responsible for supplying the Vendor with valid taxexemption certification(s). When ordering, a Participating Entity must indicate if it is a taxexempt entity.

C. HOT LIST PRICING. At any time during this Contract, Vendor may offer a specific selection of Equipment, Products, or Services at discounts greater than those listed in the Contract.

When Vendor determines it will offer Hot List Pricing, it must be submitted electronically to Sourcewell in a line-item format. Equipment, Products, or Services may be added or removed from the Hot List at any time through a Sourcewell Price and Product Change Form as defined in Article 4 below.

Hot List program and pricing may also be used to discount and liquidate close-out and discontinued Equipment and Products as long as those close-out and discontinued items are clearly identified as such. Current ordering process and administrative fees apply. Hot List Pricing must be published and made available to all Participating Entities.

4. PRODUCT AND PRICING CHANGE REQUESTS
Vendor may request Equipment, Product, or Service changes, additions, or deletions at any time. All requests must be made in writing by submitting a signed Sourcewell Price and Product Change Request Form to the assigned Sourcewell Contract Administrator. This form is available from the assigned Sourcewell Contract Administrator. At a minimum, the request must:
x Identify the applicable Sourcewell contract number;
x Clearly specify the requested change;
x Provide sufficient detail to justify the requested change; x Individually list all Equipment, Products, or Services affected by the requested change, along with the requested change (e.g., addition, deletion, price change); and x Include a complete restatement of pricing documentation in Microsoft Excel with the effective date of the modified pricing, or product addition or deletion. The new pricing 






 





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restatement must include all Equipment, Products, and Services offered, even for those items where pricing remains unchanged.

A fully executed Sourcewell Price and Product Request Form will become an amendment to this Contract and be incorporated by reference.

5. PARTICIPATION, CONTRACT ACCESS, AND PARTICIPATING ENTITY REQUIREMENTS

A. PARTICIPATION. Sourcewell’s cooperative contracts are available and open to public and nonprofit entities across the United States and Canada; such as federal, state/province, municipal, K-12 and higher education, tribal government, and other public entities.

The benefits of this Contract should be available to all Participating Entities that can legally access the Equipment, Products, or Services under this Contract. A Participating Entity’s authority to access this Contract is determined through its cooperative purchasing, interlocal, or joint powers laws. Any entity accessing benefits of this Contract will be considered a Service Member of Sourcewell during such time of access. Vendor understands that a Participating Entity’s use of this Contract is at the Participating Entity’s sole convenience and Participating Entities reserve the right to obtain like Equipment, Products, or Services from any other source.

Vendor is responsible for familiarizing its sales and service forces with Sourcewell contract use eligibility requirements and documentation and will encourage potential participating entities to join Sourcewell. Sourcewell reserves the right to add and remove Participating Entities to its roster during the term of this Contract.

B. PUBLIC FACILITIES. Vendor’s employees may be required to perform work at governmentowned facilities, including schools. Vendor’s employees and agents must conduct themselves in a professional manner while on the premises, and in accordance with Participating Entity policies and procedures, and all applicable laws.

6. PARTICIPATING ENTITY USE AND PURCHASING
A. ORDERS AND PAYMENT. To access the contracted Equipment, Products, or Services under this Contract, a Participating Entity must clearly indicate to Vendor that it intends to access this Contract; however, order flow and procedure will be developed jointly between Sourcewell and Vendor. Typically, a Participating Entity will issue an order directly to Vendor. If a Participating Entity issues a purchase order, it may use its own forms, but the purchase order should clearly note the applicable Sourcewell contract number. All Participating Entity orders under this Contract must be issued prior to expiration of this Contract; however, Vendor performance, Participating Entity payment, and any applicable warranty periods or other Vendor or Participating Entity obligations may extend beyond the term of this Contract. 






 





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Vendor’s acceptable forms of payment are included in Attachment A. Participating Entities will be solely responsible for payment and Sourcewell will have no liability for any unpaid invoice of any Participating Entity.

B. ADDITIONAL TERMS AND CONDITIONS/PARTICIPATING ADDENDUM. Additional terms and conditions to a purchase order, or other required transaction documentation, may be negotiated between a Participating Entity and Vendor, such as job or industry-specific requirements, legal requirements (e.g., affirmative action or immigration status requirements), or specific local policy requirements. Some Participating Entitles may require the use of a Participating Addendum; the terms of which will be worked out directly between the Participating Entity and the Vendor. Any negotiated additional terms and conditions must never be less favorable to the Participating Entity than what is contained in this Contract.

C. SPECIALIZED SERVICE REQUIREMENTS. In the event that the Participating Entity requires service or specialized performance requirements (such as e-commerce specifications, specialized delivery requirements, or other specifications and requirements) not addressed in this Contract, the Participating Entity and the Vendor may enter into a separate, standalone agreement, apart from this Contract. Sourcewell, including its agents and employees, will not be made a party to a claim for breach of such agreement.

D. TERMINATION OF ORDERS. Participating Entities may terminate an order, in whole or in part, immediately upon notice to Vendor in the event of any of the following events:

1. The Participating Entity fails to receive funding or appropriation from its governing body at levels sufficient to pay for the goods to be purchased;

2. Federal, state, or provincial laws or regulations prohibit the purchase or change the Participating Entity’s requirements; or

3. Vendor commits any material breach of this Contract or the additional terms agreed to between the Vendor and a Participating Entity.

E. GOVERNING LAW AND VENUE. The governing law and venue for any action related to a Participating Entity’s order will be determined by the Participating Entity making the purchase.

7. CUSTOMER SERVICE
A. PRIMARY ACCOUNT REPRESENTATIVE. Vendor will assign an Account Representative to Sourcewell for this Contract and must provide prompt notice to Sourcewell if that person is changed. The Account Representative will be responsible for:

x Maintenance and management of this Contract;
x Timely response to all Sourcewell and Participating Entity inquiries; and x Business reviews to Sourcewell and Participating Entities, if applicable. 






 





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B. BUSINESS REVIEWS. Vendor must perform a minimum of one business review with Sourcewell per contract year. The business review will cover sales to Participating Entities, pricing and contract terms, administrative fees, supply issues, customer issues, and any other necessary information.

8. REPORT ON CONTRACT SALES ACTIVITY AND ADMINISTRATIVE FEE PAYMENT A. CONTRACT SALES ACTIVITY REPORT. Each calendar quarter, Vendor must provide a contract sales activity report (Report) to the Sourcewell Contract Administrator assigned to this Contract. A Report must be provided regardless of the number or amount of sales during that quarter (i.e., if there are no sales, Vendor must submit a report indicating no sales were made).

The Report must contain the following fields:
x Customer Name (e.g., City of Staples Highway Department); x Customer Physical Street Address;
x Customer City;
x Customer State/Province;
x Customer Zip Code;
x Customer Contact Name;
x Customer Contact Email Address;
x Customer Contact Telephone Number;
x Sourcewell Assigned Entity/Participating Entity Number; x Item Purchased Description;
x Item Purchased Price;
x Sourcewell Administrative Fee Applied; and
x Date Purchase was invoiced/sale was recognized as revenue by Vendor.

B. ADMINISTRATIVE FEE. In consideration for the support and services provided by Sourcewell, the Vendor will pay an administrative fee to Sourcewell on all Equipment, Products, and Services provided to Participating Entities. The Administrative Fee must be included in, and not added to, the pricing. Vendor may not charge Participating Entities more than the contracted price to offset the Administrative Fee.

The Vendor will submit payment to Sourcewell for the percentage of administrative fee stated in the Proposal multiplied by the total sales of all Equipment, Products, and Services purchased by Participating Entities under this Contract during each calendar quarter. Payments should note the Vendor’s name and Sourcewell-assigned contract number in the memo; and must be mailed to the address above “Attn: Accounts Receivable” or remitted electronically to Sourcewell’s banking institution per Sourcewell’s Finance department instructions. Payments must be received no later than 45 calendar days after the end of each calendar quarter. 






 





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Vendor agrees to cooperate with Sourcewell in auditing transactions under this Contract to ensure that the administrative fee is paid on all items purchased under this Contract.

In the event the Vendor is delinquent in any undisputed administrative fees, Sourcewell reserves the right to cancel this Contract and reject any proposal submitted by the Vendor in any subsequent solicitation. In the event this Contract is cancelled by either party prior to the Contract’s expiration date, the administrative fee payment will be due no more than 30 days from the cancellation date.

9. AUTHORIZED REPRESENTATIVE
Sourcewell's Authorized Representative is its Chief Procurement Officer.

Vendor’s Authorized Representative is the person named in the Vendor’s Proposal. If Vendor’s Authorized Representative changes at any time during this Contract, Vendor must promptly notify Sourcewell in writing.

10. AUDIT, ASSIGNMENT, AMENDMENTS, WAIVER, AND CONTRACT COMPLETE A. AUDIT. Pursuant to Minnesota Statutes Section 16C.05, subdivision 5, the books, records, documents, and accounting procedures and practices relevant this Agreement are subject to examination by Sourcewell or the Minnesota State Auditor for a minimum of six years from the end of this Contract. This clause extends to Participating Entities as it relates to business conducted by that Participating Entity under this Contract.

B. ASSIGNMENT. Neither the Vendor nor Sourcewell may assign or transfer any rights or obligations under this Contract without the prior consent of the parties and a fully executed assignment agreement. Such consent will not be unreasonably withheld.

C. AMENDMENTS. Any amendment to this Contract must be in writing and will not be effective until it has been fully executed by the parties.

D. WAIVER. If either party fails to enforce any provision of this Contract, that failure does not waive the provision or the right to enforce it.

E. CONTRACT COMPLETE. This Contract contains all negotiations and agreements between Sourcewell and Vendor. No other understanding regarding this Contract, whether written or oral, may be used to bind either party. For any conflict between the attached Proposal and the terms set out in Articles 1-22, the terms of Articles 1-22 will govern.

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respective businesses. This Contract does not create a partnership, joint venture, or any other relationship such as master-servant, or principal-agent.

11. LIABILITY

Vendor must indemnify, save, and hold Sourcewell and its Participating Entities, including their agents and employees, harmless from any claims or causes of action, including attorneys’ fees, arising out of the performance of this Contract by the Vendor or its agents or employees; this indemnification includes injury or death to person(s) or property alleged to have been caused by some defect in the Equipment, Products, or Services under this Contract to the extent the Equipment, Product, or Service has been used according to its specifications.

12. GOVERNMENT DATA PRACTICES
Vendor and Sourcewell must comply with the Minnesota Government Data Practices Act, Minnesota Statutes Chapter 13, as it applies to all data provided by or provided to Sourcewell under this Contract and as it applies to all data created, collected, received, stored, used, maintained, or disseminated by the Vendor under this Contract.

If the Vendor receives a request to release the data referred to in this article, the Vendor must immediately notify Sourcewell and Sourcewell will assist with how the Vendor should respond to the request.

13. INTELLECTUAL PROPERTY, PUBLICITY, MARKETING, AND ENDORSEMENT A. INTELLECTUAL PROPERTY

1. Grant of License. During the term of this Contract:
a. Sourcewell grants to Vendor a royalty-free, worldwide, non-exclusive right and license to use theTrademark(s) provided to Vendor by Sourcewell in advertising and promotional materials for the purpose of marketing Sourcewell’s relationship with Vendor.
b. Vendor grants to Sourcewell a royalty-free, worldwide, non-exclusive right and license to use Vendor’s Trademarks in advertising and promotional materials for the purpose of marketing Vendor’s relationship with Sourcewell.

2. Limited Right of Sublicense. The right and license granted herein includes a limited right of each party to grant sublicenses to its and their respective distributors, marketing representatives, and agents (collectively “Permitted Sublicensees”) in advertising and promotional materials for the purpose of marketing the Parties’ relationship to Participating Entities. Any sublicense granted will be subject to the terms and conditions of this Article.

Each party will be responsible for any breach of this Article by any of their respective sublicensees.

3. Use; Quality Control.







 





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a. Sourcewell must not alter Vendor’s Trademarks from the form provided by Vendor and must comply with Vendor’s removal requests as to specific uses of its trademarks or logos.
b. Vendor must not alter Sourcewell’s Trademarks from the form provided by Sourcewell and must comply with Sourcewell’s removal requests as to specific uses of its trademarks or logos.
c. Each party agrees to use, and to cause its Permitted Sublicensees to use, the other party’s Trademarks only in good faith and in a dignified manner consistent with such party’s use of the Trademarks. Upon written notice to the breaching party, the breaching party has 30 days of the date of the written notice to cure the breach or the license will be terminated.

4. As applicable, Vendor agrees to indemnify and hold harmless Sourcewell and its Participating Entities against any and all suits, claims, judgments, and costs instituted or recovered against Sourcewell or Participating Entities by any person on account of the use of any Equipment or Products by Sourcewell or its Participating Entities supplied by Vendor in violation of applicable patent or copyright laws.

5. Termination. Upon the termination of this Contract for any reason, each party, including Permitted Sublicensees, will have 30 days to remove all Trademarks from signage, websites, and the like bearing the other party’s name or logo (excepting Sourcewell’s pre-printed catalog of vendors which may be used until the next printing). Vendor must return all marketing and promotional materials, including signage, provided by Sourcewell, or dispose of it according to Sourcewell’s written directions.

B. PUBLICITY. Any publicity regarding the subject matter of this Contract must not be released without prior written approval from the Authorized Representatives. Publicity includes notices, informational pamphlets, press releases, research, reports, signs, and similar public notices prepared by or for the Vendor individually or jointly with others, or any subcontractors, with respect to the program, publications, or services provided resulting from this Contract.

C. MARKETING. Any direct advertising, marketing, or offers with Participating Entities must be approved by Sourcewell. Materials should be sent to the Sourcewell Contract Administrator assigned to this Contract.

D. ENDORSEMENT. The Vendor must not claim that Sourcewell endorses its Equipment, Products, or Services.

14. GOVERNING LAW, JURISDICTION, AND VENUE
Minnesota law governs this Contract. Venue for all legal proceedings out of this Contract, or its breach, must be in the appropriate state court in Todd County or federal court in Fergus Falls, Minnesota.







 





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15. FORCE MAJEURE
Neither party to this Contract will be held responsible for delay or default caused by acts of God or other conditions that are beyond that party’s reasonable control. A party defaulting under this provision must provide the other party prompt written notice of the default.

16. SEVERABILITY
If any provision of this Contract is found to be illegal, unenforceable, or void then both Sourcewell and Vendor will be relieved of all obligations arising under such provisions. If the remainder of this Contract is capable of performance, it will not be affected by such declaration or finding and must be fully performed.

17. PERFORMANCE, DEFAULT, AND REMEDIES
A. PERFORMANCE. During the term of this Contract, the parties will monitor performance and address unresolved contract issues as follows:

1. Notification. The parties must promptly notify each other of any known dispute and work in good faith to resolve such dispute within a reasonable period of time. If necessary, Sourcewell and the Vendor will jointly develop a short briefing document that describes the issue(s), relevant impact, and positions of both parties.

2. Escalation. If parties are unable to resolve the issue in a timely manner, as specified above, either Sourcewell or Vendor may escalate the resolution of the issue to a higher level of management. The Vendor will have 30 calendar days to cure an outstanding issue.

3. Performance while Dispute is Pending. Notwithstanding the existence of a dispute, the Vendor must continue without delay to carry out all of its responsibilities under the Contract that are not affected by the dispute. If the Vendor fails to continue without delay to perform its responsibilities under the Contract, in the accomplishment of all undisputed work, any additional costs incurred by Sourcewell and/or its Participating Entities as a result of such failure to proceed will be borne by the Vendor.

B. DEFAULT AND REMEDIES. Either of the following constitutes cause to declare this Contract, or any Participating Entity order under this Contract, in default:

1. Nonperformance of contractual requirements, or

2. A material breach of any term or condition of this Contract.

Written notice of default and a reasonable opportunity to cure must be issued by the party claiming default. Time allowed for cure will not diminish or eliminate any liability for liquidated or other damages. If the default remains after the opportunity for cure, the non-defaulting party may:







 





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x Exercise any remedy provided by law or equity, or
x Terminate the Contract or any portion thereof, including any orders issued against the Contract.

18. INSURANCE

A. REQUIREMENTS. At its own expense, Vendor must maintain insurance policy(ies) in effect at all times during the performance of this Contract with insurance company(ies) licensed or authorized to do business in the State of Minnesota having an “AM BEST” rating of A- or better, with coverage and limits of insurance not less than the following:

1. Workers’ Compensation and Employer’s Liability.

Workers’ Compensation: As required by any applicable law or regulation.

Employer's Liability Insurance: must be provided in amounts not less than listed below:

Minimum limits:
$500,000 each accident for bodily injury by accident
$500,000 policy limit for bodily injury by disease
$500,000 each employee for bodily injury by disease

2. Commercial General Liability Insurance. Vendor will maintain insurance covering its operations, with coverage on an occurrence basis, and must be subject to terms no less broad than the Insurance Services Office (“ISO”) Commercial General Liability Form CG0001 (2001 or newer edition), or equivalent. At a minimum, coverage must include liability arising from premises, operations, bodily injury and property damage, independent contractors, products-completed operations including construction defect, contractual liability, blanket contractual liability, and personal injury and advertising injury. All required limits, terms and conditions of coverage must be maintained during the term of this Contract.

Minimum Limits:
$1,000,000 each occurrence Bodily Injury and Property Damage $1,000,000 Personal and Advertising Injury
$2,000,000 aggregate for Products-Completed operations
$2,000,000 general aggregate

3. Commercial Automobile Liability Insurance. During the term of this Contract, Vendor will maintain insurance covering all owned, hired, and non-owned automobiles in limits of liability not less than indicated below. The coverage must be subject to terms no less broad than ISO Business Auto Coverage Form CA 0001 (2010 edition or newer), or equivalent.

Minimum Limits:
$1,000,000 each accident, combined single limit







 





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4. Umbrella Insurance. During the term of this Contract, Vendor will maintain umbrella coverage over Workers’ Compensation, Commercial General Liability, and Commercial Automobile.

Minimum Limits:
$2,000,000

5. Professional/Technical, Errors and Omissions, and/or Miscellaneous Professional Liability. During the term of this Contract, Vendor will maintain coverage for all claims the Vendor may become legally obligated to pay resulting from any actual or alleged negligent act, error, or omission related to Vendor’s professional services required under this Contract.

Minimum Limits:
$2,000,000 per claim or event
$2,000,000 – annual aggregate
Failure of Vendor to maintain the required insurance will constitute a material breach entitling Sourcewell to immediately terminate this Contract for default.

B. CERTIFICATES OF INSURANCE. Prior to commencing under this Contract, Vendor must furnish to Sourcewell a certificate of insurance, as evidence of the insurance required under this Contract. Prior to expiration of the policy(ies), renewal certificates must be mailed to Sourcewell, 202 12th Street Northeast, P.O. Box 219, Staples, MN 56479 or sent to the Sourcewell Contract Administrator assigned to this Contract. The certificates must be signed by a person authorized by the insurer(s) to bind coverage on their behalf.

Failure to request certificates of insurance by Sourcewell, or failure of Vendor to provide certificates of insurance, in no way limits or relieves Vendor of its duties and responsibilities in this Contract.

C. ADDITIONAL INSURED ENDORSEMENT AND PRIMARY AND NON-CONTRIBUTORY INSURANCE CLAUSE. Vendor agrees to list Sourcewell and its Participating Entities, including their officers, agents, and employees, as an additional insured under the Vendor’s commercial general liability insurance policy with respect to liability arising out of activities, “operations,” or “work” performed by or on behalf of Vendor, and products and completed operations of Vendor. The policy provision(s) or endorsement(s) must further provide that coverage is primary and not excess over or contributory with any other valid, applicable, and collectible insurance or self-insurance in force for the additional insureds.

D. WAIVER OF SUBROGATION. Vendor waives and must require (by endorsement or otherwise) all its insurers to waive subrogation rights against Sourcewell and other additional insureds for losses paid under the insurance policies required by this Contract or other insurance applicable to the Vendor or its subcontractors. The waiver must apply to all deductibles and/or self-insured retentions applicable to the required or any other insurance 






 





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maintained by the Vendor or its subcontractors. Where permitted by law, Vendor must require similar written express waivers of subrogation and insurance clauses from each of its subcontractors.

E. UMBRELLA/EXCESS LIABILITY/SELF-INSURED RETENTION. The limits required by this Contract can be met by either providing a primary policy or in combination with umbrella/excess liability policy(ies), or self-insured retention.

19. COMPLIANCE
A. LAWS AND REGULATIONS. All Equipment, Products, or Services provided under this Contract must comply fully with applicable federal laws and regulations, and with the laws in the states and provinces in which the Equipment, Products, or Services are sold.

B. LICENSES. Vendor must maintain a valid and current status on all required federal, state/provincial, and local licenses, bonds, and permits required for the operation of the business that the Vendor conducts with Sourcewell and Participating Entities.

20. BANKRUPTCY, DEBARMENT, OR SUSPENSION CERTIFICATION
Vendor certifies and warrants that it is not in bankruptcy or that it has previously disclosed in writing certain information to Sourcewell related to bankruptcy actions. If at any time during this Contract Vendor declares bankruptcy, Vendor must immediately notify Sourcewell in writing.

Vendor certifies and warrants that neither it nor its principals are presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from programs operated by the State of Minnesota; the United States federal government or the Canadian government, as applicable; or any Participating Entity. Vendor certifies and warrants that neither it nor its principals have been convicted of a criminal offense related to the subject matter of this Contract. Vendor further warrants that it will provide immediate written notice to Sourcewell if this certification changes at any time.

21. PROVISIONS FOR NON-UNITED STATES FEDERAL ENTITY PROCUREMENTS UNDER

UNITED STATES FEDERAL AWARDS OR OTHER AWARDS
Participating Entities that use United States federal grant or FEMA funds to purchase goods or services from this Contract may be subject to additional requirements including the procurement standards of the Uniform Administrative Requirements, Cost Principles and Audit Requirements for Federal Awards, 2 C.F.R. § 200. Participating Entities may also require additional requirements based on specific funding specifications. Within this Article, all references to “federal” should be interpreted to mean the United States federal government. 






 





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The following list only applies when a Participating Entity accesses Vendor’s Equipment, Products, or Services with United States federal funds.

A. EQUAL EMPLOYMENT OPPORTUNITY. Except as otherwise provided under 41 C.F.R. § 60, all contracts that meet the definition of “federally assisted construction contract” in 41 C.F.R. § 60-

1.3 must include the equal opportunity clause provided under 41 C.F.R. §60-1.4(b), in accordance with Executive Order 11246, “Equal Employment Opportunity” (30 FR 12319, 12935, 3 C.F.R. §, 1964-1965 Comp., p. 339), as amended by Executive Order 11375, “Amending Executive Order 11246 Relating to Equal Employment Opportunity,” and implementing regulations at 41 C.F.R. § 60, “Office of Federal Contract Compliance Programs, Equal Employment Opportunity, Department of Labor.” The equal opportunity clause is incorporated herein by reference.

B. DAVIS-BACON ACT, AS AMENDED (40 U.S.C. § 3141-3148). When required by federal program legislation, all prime construction contracts in excess of $2,000 awarded by nonfederal entities must include a provision for compliance with the Davis-Bacon Act (40 U.S.C. § 3141-3144, and 3146-3148) as supplemented by Department of Labor regulations (29 C.F.R. § 5, “Labor Standards Provisions Applicable to Contracts Covering Federally Financed and Assisted Construction”). In accordance with the statute, contractors must be required to pay wages to laborers and mechanics at a rate not less than the prevailing wages specified in a wage determination made by the Secretary of Labor. In addition, contractors must be required to pay wages not less than once a week. The non-federal entity must place a copy of the current prevailing wage determination issued by the Department of Labor in each solicitation. The decision to award a contract or subcontract must be conditioned upon the acceptance of the wage determination. The non-federal entity must report all suspected or reported violations to the federal awarding agency. The contracts must also include a provision for compliance with the Copeland “Anti-Kickback” Act (40 U.S.C. § 3145), as supplemented by Department of Labor regulations (29 C.F.R. § 3, “Contractors and Subcontractors on Public Building or Public Work Financed in Whole or in Part by Loans or Grants from the United States”). The Act provides that each contractor or subrecipient must be prohibited from inducing, by any means, any person employed in the construction, completion, or repair of public work, to give up any part of the compensation to which he or she is otherwise entitled. The non-federal entity must report all suspected or reported violations to the federal awarding agency. Vendor must be in compliance with all applicable Davis-Bacon Act provisions.

C. CONTRACT WORK HOURS AND SAFETY STANDARDS ACT (40 U.S.C. § 3701-3708). Where applicable, all contracts awarded by the non-federal entity in excess of $100,000 that involve the employment of mechanics or laborers must include a provision for compliance with 40 U.S.C. §§ 3702 and 3704, as supplemented by Department of Labor regulations (29 C.F.R. § 5).

Under 40 U.S.C. § 3702 of the Act, each contractor must be required to compute the wages of every mechanic and laborer on the basis of a standard work week of 40 hours. Work in excess of the standard work week is permissible provided that the worker is compensated at a rate of not less than one and a half times the basic rate of pay for all hours worked in excess of 40 






 





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hours in the work week. The requirements of 40 U.S.C. § 3704 are applicable to construction work and provide that no laborer or mechanic must be required to work in surroundings or under working conditions which are unsanitary, hazardous or dangerous. These requirements do not apply to the purchases of supplies or materials or articles ordinarily available on the open market, or contracts for transportation or transmission of intelligence. This provision is hereby incorporated by reference into this Contract. Vendor certifies that during the term of an award for all contracts by Sourcewell resulting from this procurement process, Vendor must comply with applicable requirements as referenced above.

D. RIGHTS TO INVENTIONS MADE UNDER A CONTRACT OR AGREEMENT. If the federal award meets the definition of “funding agreement” under 37 C.F.R. § 401.2(a) and the recipient or subrecipient wishes to enter into a contract with a small business firm or nonprofit organization regarding the substitution of parties, assignment or performance of experimental, developmental, or research work under that “funding agreement,” the recipient or subrecipient must comply with the requirements of 37 C.F.R. § 401, “Rights to Inventions Made by Nonprofit Organizations and Small Business Firms Under Government Grants, Contracts and Cooperative Agreements,” and any implementing regulations issued by the awarding agency. Vendor certifies that during the term of an award for all contracts by Sourcewell resulting from this procurement process, Vendor must comply with applicable requirements as referenced above.

E. CLEAN AIR ACT (42 U.S.C. § 7401-7671Q.) AND THE FEDERAL WATER POLLUTION CONTROL ACT (33 U.S.C. § 1251-1387). Contracts and subgrants of amounts in excess of $150,000 require the non-federal award to agree to comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act (42 U.S.C. § 7401- 7671q) and the Federal Water Pollution Control Act as amended (33 U.S.C. § 1251- 1387). Violations must be reported to the Federal awarding agency and the Regional Office of the Environmental Protection Agency (EPA). Vendor certifies that during the term of this Contract will comply with applicable requirements as referenced above.

F. DEBARMENT AND SUSPENSION (EXECUTIVE ORDERS 12549 AND 12689). A contract award (see 2 C.F.R. § 180.220) must not be made to parties listed on the government wide exclusions in the System for Award Management (SAM), in accordance with the OMB guidelines at 2 C.F.R. §180 that implement Executive Orders 12549 (3 C.F.R. § 1986 Comp., p. 189) and 12689 (3 C.F.R. § 1989 Comp., p. 235), “Debarment and Suspension.” SAM Exclusions contains the names of parties debarred, suspended, or otherwise excluded by agencies, as well as parties declared ineligible under statutory or regulatory authority other than Executive Order 12549. Vendor certifies that neither it nor its principals are presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation by any federal department or agency.

G. BYRD ANTI-LOBBYING AMENDMENT, AS AMENDED (31 U.S.C. § 1352). Vendors must file any required certifications. Vendors must not have used federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any 






 





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agency, a member of Congress, officer or employee of Congress, or an employee of a member of Congress in connection with obtaining any federal contract, grant, or any other award covered by 31 U.S.C. § 1352. Vendors must disclose any lobbying with non-federal funds that takes place in connection with obtaining any federal award. Such disclosures are forwarded from tier to tier up to the non-federal award. Vendors must file all certifications and disclosures required by, and otherwise comply with, the Byrd Anti-Lobbying Amendment (31 U.S.C. § 1352).

H. RECORD RETENTION REQUIREMENTS. To the extent applicable, Vendor must comply with the record retention requirements detailed in 2 C.F.R. § 200.333. The Vendor further certifies that it will retain all records as required by 2 C.F.R. § 200.333 for a period of 3 years after grantees or subgrantees submit final expenditure reports or quarterly or annual financial reports, as applicable, and all other pending matters are closed.

I. ENERGY POLICY AND CONSERVATION ACT COMPLIANCE. To the extent applicable, Vendor must comply with the mandatory standards and policies relating to energy efficiency which are contained in the state energy conservation plan issued in compliance with the Energy Policy and Conservation Act.

J. BUY AMERICAN PROVISIONS COMPLIANCE. To the extent applicable, Vendor must comply with all applicable provisions of the Buy American Act. Purchases made in accordance with the Buy American Act must follow the applicable procurement rules calling for free and open competition.

K. ACCESS TO RECORDS (2 C.F.R. § 200.336). Vendor agrees that duly authorized representatives of a federal agency must have access to any books, documents, papers and records of Vendor that are directly pertinent to Vendor’s discharge of its obligations under this Contract for the purpose of making audits, examinations, excerpts, and transcriptions. The right also includes timely and reasonable access to Vendor’s personnel for the purpose of interview and discussion relating to such documents.

L. PROCUREMENT OF RECOVERED MATERIALS (2 C.F.R. § 200.322). A non-federal entity that is a state agency or agency of a political subdivision of a state and its contractors must comply with Section 6002 of the Solid Waste Disposal Act, as amended by the Resource Conservation and Recovery Act. The requirements of Section 6002 include procuring only items designated in guidelines of the Environmental Protection Agency (EPA) at 40 C.F.R. § 247 that contain the highest percentage of recovered materials practicable, consistent with maintaining a satisfactory level of competition, where the purchase price of the item exceeds $10,000 or the value of the quantity acquired during the preceding fiscal year exceeded $10,000; procuring solid waste management services in a manner that maximizes energy and resource recovery; and establishing an affirmative procurement program for procurement of recovered materials identified in the EPA guidelines.







 





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22. CANCELLATION
Sourcewell or Vendor may cancel this Contract at any time, with or without cause, upon 60 days’ written notice to the other party. However, Sourcewell may cancel this Contract immediately upon discovery of a material defect in any certification made in Vendor’s Proposal.

Cancellation of this Contract does not relieve either party of financial, product, or service obligations incurred or accrued prior to cancellation.

Sourcewell PlayPower, Inc.

By: __________________________ By: __________________________ Jeremy Schwartz W. Todd Brinker
Title: Director of Operations &
Procurement/CPO
Title: Senior Vice President Global Sales &
Marketing Outdoor Play
Date: ________________________ Date: ________________________ Approved:

By: __________________________
Chad Coauette
Title: Executive Director/CEO
Date: ________________________







 










 











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#20..
- 2158 -
1/2/2024
Mildred Perkins Park
MIRACLE PLAYSYSTEMS, INC.  –   PO BOX 263, ALAMO, CA 94507  –  (800) 879‐7730  –  (510) 893‐2163 (FAX) CSL: 981433 (Exp Date 03/25)  –  DIR: 1000015853

Job Number: 23‐2774
Job: Mildred Perkins Park
Quote Name:  Quote‐23‐2774‐Mildred Perkins Park_003
Quote Number:  Q‐06721
Prepared by:

Matt Durkin
[email protected]
Terms: Net 30
Remit to: Miracle Playsystems, Inc.
1276 S Main St., Salinas, CA 93901
Sub Total:  $124,913.70
Freight:  $8,688.68
Estimated Tax:  $11,086.10
Total:  $144,688.48
Miracle CMAS Discount Applied
Product Code Description Qty Rate Total Estimated Tax ( if applicable)
MREC EQUIP Miracle Recreation Mega Tower Play
Structure and Freestanding Items for
Ages 5‐12 (per design version 003)
1 $93,221.00 $83,898.90 $7,446.03
MREC EQUIP Miracle Recreation Play Structure and
Freestanding Items for Ages 2‐5 (per
design version 003)
1 $45,572.00 $41,014.80 $3,640.07
Sub Total: $124,913.70
Total Freight:  $8,688.68
Total Estimated Tax:  $11,086.10
Grand Total:  $144,688.48
Company: ________________________________________
Signature: ________________________________________
Name: ___________________________________________
Date: ____________________________________________
#20..
- 2159 -
1/2/2024
Mildred Perkins Park
MIRACLE PLAYSYSTEMS, INC.  –   PO BOX 263, ALAMO, CA 94507  –  (800) 879‐7730  –  (510) 893‐2163 (FAX) CSL: 981433 (Exp Date 03/25)  –  DIR: 1000015853

Please confirm or edit order information below.

End User Company:

City of Modesto
End User Contact:

End User Email:

Delivery Contact:

Delivery Email:

Delivery Phone:

Delivery Address:

Site Address:
3212 Synder Avenue
Modesto
Bill To Email:
[email protected]
[email protected]
Bill To:
,
,
, ,
Customer Reference #:

INDEMNITY
Client/Owner shall defend, indemnify and hold harmless Miracle Playsystems, Inc., its officers, directors, board of trustees, agents, or employees and each of them, from any and all claims, demands, causes of action in law or in equity, damages, penalties, costs, expenses, reasonable attorneys’ fees, reasonable experts’ fees, reasonable consultants’ fees, judgments, losses or liabilities, of every kind and nature whatsoever arising out of or in any way connected with or incidental to, the performance of the services under this Agreement or any of the obligations contained in this Agreement (“Claims”). Without limitation, “damages” include personal injury, including, but not limited to bodily injury, emotional injury, sickness or disease, or death to persons, including, but not limited to, any employees or agents of Miracle Playsystems, Inc., or any other person; or other damages of any kind to anyone including, without limitation, economic loss, property damage and loss of use thereof. It is expressly acknowledged and agreed that each of the foregoing indemnities is independent, that each shall be given effect, and that each shall apply despite any acts or omissions, misconduct or negligent conduct, whether active or passive, on the part of, or other contractor(s); provided, however, Miracle Playsystems, Inc. duty to indemnify shall be limited to the percentage or the degree Miracle Playsystems, Inc. comparative negligence caused any damages.

STANDARD NOTES
• Price quotation is good until December 31, 2023. Accurate color selections must be made in writing prior to equipment going into production. Colors to be confirmed with your local sales representative.
• PLEASE MAKE PURCHASE ORDER TO MIRACLE PLAYSYSTEMS, INC at PO Box 263 Alamo, CA 94507 • PLEASE REMIT CHECKS TO: MIRACLE PLAYSYSTEMS INC., 1276 S MAIN ST, SALINAS, CA 93901 • Please email/fax quotation with your signature to accept this quote and place order. Fax 510‐893‐2163 or email [email protected] • Unless otherwise specified, Miracle Playsystems, Inc DOES NOT include the following in this proposal:
• Engineered drawings
• Installation of equipment or other site amenities
• Specialty trades, equipment, power supply required to install equipment • Any insurance requiring in excess of $1M/$2M per occurrence, special insurance coverage or wording, Prevailing/Certified wage rates, local permitting, bid/performance bonds, temp fencing, geo tech surveys, playground safety inspection, equipment offload, and testing services. • Inspect equipment upon delivery. Color discrepancy must be reported at time of delivery. Installation constitutes acceptance of colors. • Warranty does not cover labor for reinstallation.

TERMS & CONDITIONS
• Purchase contract terms & conditions of sale: The client/customer’s acceptance and understanding of these terms & conditions and all other supporting documentation provided as part of this package is evidenced by signing of this estimate/quote. • Payment terms: Standard terms (on approved credit), unless otherwise noted are 50% with order and balance to ship equipment (no retention). Should any changes be required to the products after order is placed, modifications or changes will be at client/customers expense. Miracle Playsystems, Inc maintains a no return policy and asks #20..
- 2160 -
1/2/2024
Mildred Perkins Park
MIRACLE PLAYSYSTEMS, INC.  –   PO BOX 263, ALAMO, CA 94507  –  (800) 879‐7730  –  (510) 893‐2163 (FAX) CSL: 981433 (Exp Date 03/25)  –  DIR: 1000015853

all clients to determine feature, layout and color selection prior to ordering. Should any order be cancelled after production has started a 30% restocking fee will be charged to client. Credit card convenience fee is 3.5% which will be added to all credit card charges • Lead times: Estimated lead times for the time the order is released into production until it is delivered will vary. • Lead times may currently be extended due to reasons such as supply chain issues, shipping delays, raw material shortages, and other COVID‐19 related impacts. • Custom play feature lead times are determined on a case by case basis.

CONSTRUCTION SERVICES (if applicable)
Unless otherwise noted, we exclude responsibility for material delivery & offloading equipment, removal & disposal of packaging accumulated by equipment packaging, project security, landscape & hardscape repair based on access route to site, delays or returns due to layout conflicts or delay of other trades, removal of spoils from job site, locating underground: utilities, pipes, obstructions in work area, conditions unforeseen and/or not disclosed at time of estimate, permits, engineering, material testing, soil samples, CPSI. Conditions: Grades; stable, compacted & workable with 95% compaction and less than 1% grade, adequate access to site for labor, materials, tools and equipment. Estimate good for 90 days from quote or Dec. 31 of current calendar year, whichever comes first. Terms: Upon completion.

GENERAL TERMS
• THIS QUOTE IS LIMITED TO AND GOVERNED BY THE TERMS CONTAINED HEREIN: Miracle Playsystems, Inc. objects to any other terms proposed by client, in writing or otherwise, as material alterations, and all such proposed terms shall be void. Client authorizes Miracle Playsystems, Inc. to ship equipment and agrees to pay the total specified. Shipping terms are FOB the place of shipment via common carrier. • Client and owner/operator agree to indemnify and hold Miracle Playsystems, Inc. harmless from and against all liabilities, losses, penalties, damages and expenses, including costs and attorney fees, resulting from any and all claims, liens, damages, actions, suits, judgments or settlements, injuries arising or alleged to arise out of their failure, or failure of architect, contractors, subcontractors, installers, employees, agents and assigns to assemble, install, inspect and/or maintain the play equipment and impact absorbing surfacing in full compliance with each manufacturers installation instructions and safety requirements and their misuse and/or alteration of the play equipment.

Company: ______________________________________
Signature: ______________________________________
Name: ______________________________________
Date: ______________________________________
#20..
- 2161 -
1/5/2024
Orchard Park Playground
MIRACLE PLAYSYSTEMS, INC.  –   PO BOX 263, ALAMO, CA 94507  –  (800) 879‐7730  –  (510) 893‐2163 (FAX) CSL: 981433 (Exp Date 03/25)  –  DIR: 1000015853

Job Number: 23‐2775
Job: Orchard Park Playground
Quote Name:  Quote‐23‐2775‐Orchard Park Playground_004
Quote Number:  Q‐06736
Prepared by:

Matt Durkin
[email protected]
Terms: Net 30
Remit to: Miracle Playsystems, Inc.
1276 S Main St., Salinas, CA 93901
Sub Total:  $139,875.48
Freight:  $12,876.91
Estimated Tax:  $12,413.95
Total:  $165,166.34
Miracle CMAS Discount Applied
Product Code Description Qty Rate Total Estimated Tax ( if applicable)
MREC EQUIP Miracle Recreation Play Structure
(Kids' Choice, 5" posts) and
Freestanding Equipment for Ages 2‐5
(per design version 004)
1 $47,899.00 $43,109.10 $3,825.93
MREC EQUIP Miracle Recreation Play Structure
(Kids' Choice, 5" posts) and
Freestanding Equipment for Ages 5‐12
(per design version 004)
1 $96,879.00 $87,191.10 $7,738.21
Soft Play
Product Code Description Qty Rate Total Estimated Tax ( if applicable)
EQUIP20 Soft Play Dragon Baby 2 (TP2307);
Approx. size 4' long, 3'‐8" wide, 3'‐9"
tall
1 $10,639.20 $9,575.28 $849.81
Sub Total: $139,875.48
Total Freight:  $12,876.91
Total Estimated Tax:  $12,413.95
Grand Total:  $165,166.34
Company: ________________________________________
Signature: ________________________________________
Name: ___________________________________________
Date: ____________________________________________
#20..
- 2162 -
1/5/2024
Orchard Park Playground
MIRACLE PLAYSYSTEMS, INC.  –   PO BOX 263, ALAMO, CA 94507  –  (800) 879‐7730  –  (510) 893‐2163 (FAX) CSL: 981433 (Exp Date 03/25)  –  DIR: 1000015853

Please confirm or edit order information below.

End User Company:

City of Modesto
End User Contact:

End User Email:

Delivery Contact:

Delivery Email:

Delivery Phone:

Delivery Address:

Site Address:
2200 Lincoln Oak Drive
Modesto
Bill To Email:
[email protected]
[email protected]
Bill To:
,
,
, ,
Customer Reference #:

INDEMNITY
Client/Owner shall defend, indemnify and hold harmless Miracle Playsystems, Inc., its officers, directors, board of trustees, agents, or employees and each of them, from any and all claims, demands, causes of action in law or in equity, damages, penalties, costs, expenses, reasonable attorneys’ fees, reasonable experts’ fees, reasonable consultants’ fees, judgments, losses or liabilities, of every kind and nature whatsoever arising out of or in any way connected with or incidental to, the performance of the services under this Agreement or any of the obligations contained in this Agreement (“Claims”). Without limitation, “damages” include personal injury, including, but not limited to bodily injury, emotional injury, sickness or disease, or death to persons, including, but not limited to, any employees or agents of Miracle Playsystems, Inc., or any other person; or other damages of any kind to anyone including, without limitation, economic loss, property damage and loss of use thereof. It is expressly acknowledged and agreed that each of the foregoing indemnities is independent, that each shall be given effect, and that each shall apply despite any acts or omissions, misconduct or negligent conduct, whether active or passive, on the part of, or other contractor(s); provided, however, Miracle Playsystems, Inc. duty to indemnify shall be limited to the percentage or the degree Miracle Playsystems, Inc. comparative negligence caused any damages.

STANDARD NOTES
• Price quotation is good for 30 days. Accurate color selections must be made in writing prior to equipment going into production. Colors to be confirmed with your local sales representative.
• PLEASE MAKE PURCHASE ORDER TO MIRACLE PLAYSYSTEMS, INC at PO Box 263 Alamo, CA 94507 • PLEASE REMIT CHECKS TO: MIRACLE PLAYSYSTEMS INC., 1276 S MAIN ST, SALINAS, CA 93901 • Please email/fax quotation with your signature to accept this quote and place order. Fax 510‐893‐2163 or email [email protected] • Unless otherwise specified, Miracle Playsystems, Inc DOES NOT include the following in this proposal:
• Engineered drawings
• Installation of equipment or other site amenities
• Specialty trades, equipment, power supply required to install equipment • Any insurance requiring in excess of $1M/$2M per occurrence, special insurance coverage or wording, Prevailing/Certified wage rates, local permitting, bid/performance bonds, temp fencing, geo tech surveys, playground safety inspection, equipment offload, and testing services. • Inspect equipment upon delivery. Color discrepancy must be reported at time of delivery. Installation constitutes acceptance of colors. • Warranty does not cover labor for reinstallation.

TERMS & CONDITIONS
• Purchase contract terms & conditions of sale: The client/customer’s acceptance and understanding of these terms & conditions and all other supporting documentation provided as part of this package is evidenced by signing of this estimate/quote. • Payment terms: Standard terms (on approved credit), unless otherwise noted are 50% with order and balance to ship equipment (no retention). Should any changes be required to the products after order is placed, modifications or changes will be at client/customers expense. Miracle Playsystems, Inc maintains a no return policy and asks #20..
- 2163 -
1/5/2024
Orchard Park Playground
MIRACLE PLAYSYSTEMS, INC.  –   PO BOX 263, ALAMO, CA 94507  –  (800) 879‐7730  –  (510) 893‐2163 (FAX) CSL: 981433 (Exp Date 03/25)  –  DIR: 1000015853

all clients to determine feature, layout and color selection prior to ordering. Should any order be cancelled after production has started a 30% restocking fee will be charged to client. Credit card convenience fee is 3.5% which will be added to all credit card charges • Lead times: Estimated lead times for the time the order is released into production until it is delivered will vary. • Lead times may currently be extended due to reasons such as supply chain issues, shipping delays, raw material shortages, and other COVID‐19 related impacts. • Custom play feature lead times are determined on a case by case basis.

CONSTRUCTION SERVICES (if applicable)
Unless otherwise noted, we exclude responsibility for material delivery & offloading equipment, removal & disposal of packaging accumulated by equipment packaging, project security, landscape & hardscape repair based on access route to site, delays or returns due to layout conflicts or delay of other trades, removal of spoils from job site, locating underground: utilities, pipes, obstructions in work area, conditions unforeseen and/or not disclosed at time of estimate, permits, engineering, material testing, soil samples, CPSI. Conditions: Grades; stable, compacted & workable with 95% compaction and less than 1% grade, adequate access to site for labor, materials, tools and equipment. Estimate good for 90 days from quote or Dec. 31 of current calendar year, whichever comes first. Terms: Upon completion.

GENERAL TERMS
• THIS QUOTE IS LIMITED TO AND GOVERNED BY THE TERMS CONTAINED HEREIN: Miracle Playsystems, Inc. objects to any other terms proposed by client, in writing or otherwise, as material alterations, and all such proposed terms shall be void. Client authorizes Miracle Playsystems, Inc. to ship equipment and agrees to pay the total specified. Shipping terms are FOB the place of shipment via common carrier. • Client and owner/operator agree to indemnify and hold Miracle Playsystems, Inc. harmless from and against all liabilities, losses, penalties, damages and expenses, including costs and attorney fees, resulting from any and all claims, liens, damages, actions, suits, judgments or settlements, injuries arising or alleged to arise out of their failure, or failure of architect, contractors, subcontractors, installers, employees, agents and assigns to assemble, install, inspect and/or maintain the play equipment and impact absorbing surfacing in full compliance with each manufacturers installation instructions and safety requirements and their misuse and/or alteration of the play equipment.

Company: ______________________________________
Signature: ______________________________________
Name: ______________________________________
Date: ______________________________________
#20..
- 2164 -
2/2/2024
Aqueduct Park
MIRACLE PLAYSYSTEMS, INC.  –   PO BOX 263, ALAMO, CA 94507  –  (800) 879‐7730  –  (510) 893‐2163 (FAX) CSL: 981433 (Exp Date 03/25)  –  DIR: 1000015853

Job Number: 23‐3199
Job: Aqueduct Park
Quote Name:  Quote‐23‐3199‐Aqueduct Park_004
Quote Number:  Q‐06924
Prepared by:

Matt Durkin
[email protected]
Terms: Net 30
Remit to: Miracle Playsystems, Inc.
1276 S Main St., Salinas, CA 93901
Sub Total:  $126,246.60
Freight:  $11,022.44
Estimated Tax:  $11,204.39
Total:  $148,473.43
Miracle CMAS discount applied.

Product Code Description Qty Rate Total Estimated Tax ( if applicable)
MREC EQUIP Miracle Recreation Play Structure
(Kids' Choice, 5" posts) and Mini City
Double Garden Wall w/ Panels for Ages
2‐5 (per design version 004)
1 $46,454.00 $41,808.60 $3,710.52
MREC EQUIP Miracle Recreation Play Structure
(Kids' Choice, 5" posts) and
Freestanding Equipment for Ages 5‐12
(per design version 004)
1 $86,769.00 $78,092.10 $6,930.68
MREC EQUIP Miracle Recreation 3‐Bay Swing Set
(3.5" posts); Includes (2) Belt Seats, (2)
Tot Seats, and (1) Multi‐User Seat (per
design version 004)
1 $7,051.00 $6,345.90 $563.19
Sub Total: $126,246.60
Total Freight:  $11,022.44
Total Estimated Tax:  $11,204.39
Grand Total:  $148,473.43
Company: ________________________________________
Signature: ________________________________________
Name: ___________________________________________
Date: ____________________________________________
#20..
- 2165 -
2/2/2024
Aqueduct Park
MIRACLE PLAYSYSTEMS, INC.  –   PO BOX 263, ALAMO, CA 94507  –  (800) 879‐7730  –  (510) 893‐2163 (FAX) CSL: 981433 (Exp Date 03/25)  –  DIR: 1000015853

Please confirm or edit order information below.

End User Company:

City of Modesto
End User Contact:

End User Email:

Delivery Contact:

Delivery Email:

Delivery Phone:

Delivery Address:

Site Address:
3725 Carver Rd
Modesto
Bill To Email:
[email protected]
[email protected]
Bill To:
,
,
, ,
Customer Reference #:

INDEMNITY
Client/Owner shall defend, indemnify and hold harmless Miracle Playsystems, Inc., its officers, directors, board of trustees, agents, or employees and each of them, from any and all claims, demands, causes of action in law or in equity, damages, penalties, costs, expenses, reasonable attorneys’ fees, reasonable experts’ fees, reasonable consultants’ fees, judgments, losses or liabilities, of every kind and nature whatsoever arising out of or in any way connected with or incidental to, the performance of the services under this Agreement or any of the obligations contained in this Agreement (“Claims”). Without limitation, “damages” include personal injury, including, but not limited to bodily injury, emotional injury, sickness or disease, or death to persons, including, but not limited to, any employees or agents of Miracle Playsystems, Inc., or any other person; or other damages of any kind to anyone including, without limitation, economic loss, property damage and loss of use thereof. It is expressly acknowledged and agreed that each of the foregoing indemnities is independent, that each shall be given effect, and that each shall apply despite any acts or omissions, misconduct or negligent conduct, whether active or passive, on the part of, or other contractor(s); provided, however, Miracle Playsystems, Inc. duty to indemnify shall be limited to the percentage or the degree Miracle Playsystems, Inc. comparative negligence caused any damages.

STANDARD NOTES
• Price quotation is good for 30 days. Accurate color selections must be made in writing prior to equipment going into production. Colors to be confirmed with your local sales representative.
• PLEASE MAKE PURCHASE ORDER TO MIRACLE PLAYSYSTEMS, INC at PO Box 263 Alamo, CA 94507 • PLEASE REMIT CHECKS TO: MIRACLE PLAYSYSTEMS INC., 1276 S MAIN ST, SALINAS, CA 93901 • Please email/fax quotation with your signature to accept this quote and place order. Fax 510‐893‐2163 or email [email protected] • Unless otherwise specified, Miracle Playsystems, Inc DOES NOT include the following in this proposal:
• Engineered drawings
• Installation of equipment or other site amenities
• Specialty trades, equipment, power supply required to install equipment • Any insurance requiring in excess of $1M/$2M per occurrence, special insurance coverage or wording, Prevailing/Certified wage rates, local permitting, bid/performance bonds, temp fencing, geo tech surveys, playground safety inspection, equipment offload, and testing services. • Inspect equipment upon delivery. Color discrepancy must be reported at time of delivery. Installation constitutes acceptance of colors. • Warranty does not cover labor for reinstallation.

TERMS & CONDITIONS
• Purchase contract terms & conditions of sale: The client/customer’s acceptance and understanding of these terms & conditions and all other supporting documentation provided as part of this package is evidenced by signing of this estimate/quote. • Payment terms: Standard terms (on approved credit), unless otherwise noted are 50% with order and balance to ship equipment (no retention). Should any changes be required to the products after order is placed, modifications or changes will be at client/customers expense. Miracle Playsystems, Inc maintains a no return policy and asks #20..
- 2166 -
2/2/2024
Aqueduct Park
MIRACLE PLAYSYSTEMS, INC.  –   PO BOX 263, ALAMO, CA 94507  –  (800) 879‐7730  –  (510) 893‐2163 (FAX) CSL: 981433 (Exp Date 03/25)  –  DIR: 1000015853

all clients to determine feature, layout and color selection prior to ordering. Should any order be cancelled after production has started a 30% restocking fee will be charged to client. Credit card convenience fee is 3.5% which will be added to all credit card charges • Lead times: Estimated lead times for the time the order is released into production until it is delivered will vary. • Lead times may currently be extended due to reasons such as supply chain issues, shipping delays, raw material shortages, and other COVID‐19 related impacts. • Custom play feature lead times are determined on a case by case basis.

CONSTRUCTION SERVICES (if applicable)
Unless otherwise noted, we exclude responsibility for material delivery & offloading equipment, removal & disposal of packaging accumulated by equipment packaging, project security, landscape & hardscape repair based on access route to site, delays or returns due to layout conflicts or delay of other trades, removal of spoils from job site, locating underground: utilities, pipes, obstructions in work area, conditions unforeseen and/or not disclosed at time of estimate, permits, engineering, material testing, soil samples, CPSI. Conditions: Grades; stable, compacted & workable with 95% compaction and less than 1% grade, adequate access to site for labor, materials, tools and equipment. Estimate good for 90 days from quote or Dec. 31 of current calendar year, whichever comes first. Terms: Upon completion.

GENERAL TERMS
• THIS QUOTE IS LIMITED TO AND GOVERNED BY THE TERMS CONTAINED HEREIN: Miracle Playsystems, Inc. objects to any other terms proposed by client, in writing or otherwise, as material alterations, and all such proposed terms shall be void. Client authorizes Miracle Playsystems, Inc. to ship equipment and agrees to pay the total specified. Shipping terms are FOB the place of shipment via common carrier. • Client and owner/operator agree to indemnify and hold Miracle Playsystems, Inc. harmless from and against all liabilities, losses, penalties, damages and expenses, including costs and attorney fees, resulting from any and all claims, liens, damages, actions, suits, judgments or settlements, injuries arising or alleged to arise out of their failure, or failure of architect, contractors, subcontractors, installers, employees, agents and assigns to assemble, install, inspect and/or maintain the play equipment and impact absorbing surfacing in full compliance with each manufacturers installation instructions and safety requirements and their misuse and/or alteration of the play equipment.

Company: ______________________________________
Signature: ______________________________________
Name: ______________________________________
Date: ______________________________________
#20..
- 2167 -
FINANCIAL INTEREST DISCLOSURE (only required if agreement is over $100K) Any contract award to result from this RFP process and Proposer’s submission of a Proposal therewith will require approval by a majority vote of the City of Modesto’s City Council. In order to have full transparency in any City of Modesto commercial actions, the City Council may not approve an agreement between the City and the Proposer until all persons with a direct or indirect financial interest of greater than $2,000 in the Proposer are identified by name.

Proposer must therefore complete this Financial Interest Disclosure Form, listing by name all parties that have a material financial interest in the agreement, contract or development right.

PLEASE NOTE, any Council action that requires a Financial Interest Disclosure cannot be considered by the City Council until the required reporting is made. That means that City Council agenda items without the disclosure will be removed from the Council agenda.

Financial Interest Disclosure to City of Modesto
Proposer shall identify any person with a financial interest in the Proposer by name, below.

For the purposes of this disclosure, a “Financial Interest” shall have the meaning contained in Modesto Municipal Code section 2-10.02.

Persons having an aggregate economic interest in the Proposer less than two thousand dollars ($2,000.00) at all times prior to final Council action of the proposed contract are not required to be listed on the Financial Interest Disclosure.

Notwithstanding the foregoing, a Financial Interest Disclosure is not required for a Proposer meeting the financial criteria for listing on the New York or the Pacific Stock exchanges unless it is reasonably foreseeable that a City Council decision will increase or decrease that entity's gross revenues or expenses by one million dollars ($1,000,000) or more and the requirements of Modesto Municipal Code Section 2-10.03(h) are satisfied.

It is the legal obligation of all applicants for approval of an agreement or of an application for development rights to verify in writing, under penalty of perjury, that the identity of each person having a material financial interest in the Proposer is true, correct and complete. By signing below, the applicant understands that this information is provided under penalty of perjury, and that intentionally supplying misinformation or deception may result in either invalidation of the agreement or application, or criminal prosecution for misdemeanor violation of the Modesto Municipal Code, or both. Negligent provision of misinformation shall be grounds for invalidation.

In accordance with the Modesto Municipal Code, each applicant has a continuing obligation to maintain the truth, accuracy and completeness of the financial interest disclosure information provided below until after final consideration by the City Council of any matter arising out of or relating to the agreement or application.
#20..
- 2168 -
Print Names of Persons Having a Financial Interest in Proposer Receiving this Agreement:

First Name, Last Name
First Name, Last Name
First Name, Last Name
First Name, Last Name
First Name, Last Name
First Name, Last Name
First Name, Last Name
First Name, Last Name
First Name, Last Name
First Name, Last Name
First Name, Last Name
First Name, Last Name
First Name, Last Name
First Name, Last Name
By signing this document, I agree to the information contained within.

Proposer Company Name:

Name of Proposer Signatory:

Signature of Proposer Representative:

Kit Steven
Miracle Playsystems
Kit Steven
#20..
- 2169 -

CITY OF MODESTO

COUNCIL AGENDA REPORT
DATE OF MEETING:

February 27,2024
Date: January 19, 2024
TO: Mayor and City Council
THROUGH: Joseph P. Lopez, City Manager
FROM: Bill Sandhu, Public Works Director
SUBJECT: Authorizing a grant award from the California Department of Transportation CONTACT: Rosene Nguyen, Integrated Waste Program Manager, [email protected], 209-577-5453
DESCRIPTION:

Consider accepting a Grant Award in the amount of $250,000 from the California Department of Transportation for blight abatement and beautification of Public Right of Way. (Funding Source:

Not Applicable)
STRATEGIC PLAN ELEMENT:

The recommended action is consistent with the Council’s Strategic Plan (2020-2025) Area - Quality of Life: “Engage partners across the community to ensure the safety, resilience, and attractiveness of Modesto;” Goal D: “Provide safe, efficient, and reliable infrastructure through proactive community investment, maintenance, and sustainability efforts.” BACKGROUND:

City of Modesto Solid Waste Division is funded by solid waste rates collected from residential, commercial, and industrial accounts in the City of Modesto. Roughly 50% of the division’s budget also comes from grants issued by federal, state, and local agencies and organizations.

Staff aims to use solid waste rates to fund core operations of the division and use grants to fund special waste programs or required environmental activities, thereby reducing the financial burden of those programs on rate payers.

In accordance with Administrative Directive (AD) 7.2: Grant Management, staff aggressively pursues grants that are consistent with City Strategic Commitments and that fund projects that the City might not otherwise be able to afford. Currently, grant funds support programs for household hazardous waste disposal, tire recycling, motor oil and filter recycling, recent state regulations, local blight abatement programs, and community outreach.

The City of Modesto is eligible to receive federal and/or state funding for certain Transportation Projects through the California Department of Transportation (Caltrans). Master agreements, program supplemental agreements, fund exchange agreements, and/or fund transfer agreements must be executed with Caltrans before such funds can be claimed. #21..
- 2170 -
City Council, February 27, 2024
Accepting a grant award from the California Department of Transportation

DISCUSSION:

The California Legislature has authorized funding for Priority Legislative Budget Projects (PLBP) and informed the City of Modesto Solid Waste Division that it is being awarded $250,000. These projects have been authorized by State Assembly Bill 102.1 Caltrans is the authorizing agency for the proper distribution of the funding provided by this legislation.

These funds are not part of an established state program or under the authority of the California Transportation Commission (CTC), unless specified in the legislation.

The Solid Waste Division will utilize these grant funds to achieve major division goals, including:
 Reduce blight and illegal dumping.
 Beautify public right-of-way.
 Conduct Drive-Up Drop-Off Events
 Provide education and outreach on preventing illegal dumping.  Make investments in waste processing and/or compost operations.

FISCAL IMPACT:

The Priority Legislative Budget Projects does not require matching funds. The grant will result in creating a multi-year non-capital project budget for the grant, with the total amount of $250,000.

COMMITTEE RECOMMENDATION:

This project was approved through the legislative process. To expedite the process of receiving grant funds, this item was approved to forego review by committee.

RECOMMENDED COUNCIL ACTION:

Staff Recommendations:

Resolution accepting a Grant Award in the amount of $250,000 from the California Department of Transportation (Caltrans), amending the annual budget and authorizing the City Manager or his designee to execute all Master Agreements, Program Supplemental Agreements, Fund Exchange Agreement and/or Fund Transfer Agreements, and any amendments thereto with Caltrans.

Approved by:

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

1. Resolution
1 https://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=202320240AB102 #21..
- 2171 -
1 2024-xxx

MODESTO CITY COUNCIL
RESOLUTION NO. 2024-XX
RESOLUTION ACCEPTING A GRANT AWARD IN THE AMOUNT OF $250,000

FROM THE CALIFORNIA DEPARTMENT OF TRANSPORTATION
(CALTRANS), AMENDING THE ANNUAL BUDGETAND AUTHORIZING THE

CITY MANAGER, OR HIS DESIGNEE, TO EXECUTE ALL MASTER

AGREEMENTS, PROGRAM SUPPLEMENTAL AGREEMENTS, FUND

EXCHANGE AGREEMENT AND/OR FUND TRANSFER AGREEMENTS, AND

ANY AMENDMENTS THERETO WITH CALTRANS
WHEREAS, the City of Modesto (City) Solid Waste Division is funded by solid waste rates collected from residential, commercial, and industrial accounts; and WHEREAS, in accordance with Administrative Directive (AD) 7.2: Grant Management, staff aggressively pursues grants that are consistent with City Strategic Commitments and that fund projects that the City might not otherwise be able to afford; and
WHEREAS, currently, grant funds support programs for household hazardous waste disposal, tire recycling, motor oil and filter recycling, recent state regulations, local blight abatement programs, and community outreach; and
WHEREAS, the City is eligible to receive Federal and/or State funding for certain Transportation Projects through the California Department of Transportation (Caltrans); and
WHEREAS, Master Agreements, Program Supplemental Agreements, Fund Exchange Agreements and/or Fund transfer Agreements must be executed with Caltrans before such funds can be claimed; and
WHEREAS, the City wishes to delegate the authority to execute these agreements and any amendments hereto to the City Manager.

NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Modesto #21..
- 2172 -
2 2024-xxx
that it hereby accepts the grant award in the amount of $250,000 from the California Department of Transportation and authorizes the amendment of the annual budget.

BE IT FURTHER RESOLVED, that the City Manager, or his designee, is authorized to execute all Master Agreements, Program, Supplemental Agreements, Fund Exchange Agreement and/or Fund Transfer Agreements, and any amendments thereto with the California Department of Transportation.
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3 2024-xxx
The foregoing resolution was introduced at a regular meeting of the Council of the City of Modesto held on the 27th day of February 2024, by Councilmember ______, who moved its adoption, which motion being duly seconded by Councilmember _________, was upon roll call carried and the resolution adopted by the following vote:

AYES: Councilmembers:

NOES: Councilmembers:

ABSENT: Councilmembers:

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

BY: _________________________
JOSE M. SANCHEZ, City Attorney
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CITY OF MODESTO

COUNCIL AGENDA REPORT
DATE OF MEETING:

February 27, 2024
January 26, 2024
TO: Mayor and City Council
THROUGH: Joseph P. Lopez, City Manager
FROM: Bill Sandhu, Public Works Director
SUBJECT: Extension of Pilot Agreement for the Multifamily Dwelling Bulky Item Pick Up Program
CONTACT: Rosene Nguyen, Integrated Waste Program Manager, [email protected], 209-577-5453
DESCRIPTION:

Consider approving the extension of Pilot Agreement for the Multifamily Dwelling Bulky Item Pick Up Program for an additional thirty-three months, with an expiration date of December 31, 2026. (Funding Source: America Rescue Plan Act)
STRATEGIC PLAN ELEMENT:

The recommended action supports the City’s 2020-2025 Strategic Plan Initiative: Quality of Life, “Engage partners across the community to ensure the safety, resilience, and attractiveness of Modesto”, Goal B: “Increase pride in Modesto’s diverse neighborhoods and business districts through beautification efforts and by investing in community assets and amenities.” BACKGROUND:

In 2019, the City of Modesto conducted citywide community surveys, which identified blight as one of the most pressing issues for residents. In 2020, the City adopted the 2020-2025 Blight Abatement Strategy, developed though collaboration with community members, local partnerships, other agencies, and internal City departments.1 The strategy outlines initiatives for blight abatement on public and private property, encourages public and private partnerships, and supports further action to minimize and mitigate blight.

In 2022, the Public Works Department requested an allocation from the American Rescue Plan Act (ARPA) to fund the development and implementation of a Bulky Item Pick Up Program expanded to serve multifamily dwellings. 2 On July 12, 2022, Council approved Resolution 2022- 327 as part of the second allocation of the City’s Pandemic Recovery Strategy, Modesto Forward, to “improve the development of affordable housing, spur tourism and economic recovery, and address gaps in service.” On January 24, 2023, by Resolution 2023-42, Council approved the Multifamily Dwelling Bulky Item Pick Up Program as a pilot for a term of one year. 1 https://www.modestogov.com/DocumentCenter/View/18350/Blight-Abatement-Strategy-Printable-PDF 2 https://www.whitehouse.gov/american-rescue-plan/
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City Council, February 27, 2024
Extension of Pilot Agreement for the Multifamily Dwelling Bulky Item Pick Up Program

DISCUSSION:

The Blight Abatement Strategy identified the Bulky Item Pick Up Program as one area that the City could enhance existing programs to better serve residents and prevent blight. The Bulky Item Pick Up Program provides residential single-family dwelling customers with up to two collections annually of items too large to dispose of in their garbage container. Bulky items include indoor and outdoor furniture, appliances, mattresses, exercise equipment, water heaters, air conditioners, and other large items.3 The City also expanded this program to include self-haul in 2020, wherein residents can request a voucher and transport their own bulky items to a transfer station without waiting for an appointment. The residential program is funded by an allocation in the residential garbage base rate that covers the cost of bulky items and illegal dumping.

Under the current program, residents who live in multifamily housing, such as apartment complexes and multiplexes with more than five units that have solid waste service with dumpsters, do not receive a Bulky Item Pick Up. Dumpster service is charged as a commercial account for solid waste services and thus, does not include the bulky item and illegal dumping allocation.

Since 2019, the City has received feedback from members of the public, community organizations, and the Blight Abatement Advisory Committee that the Bulky Item Pick Up Program should be expanded to include multifamily dwellings. By making it easier for more people to dispose of bulky items legally and efficiently, the City hopes to decrease incidence of illegal dumping near multifamily dwellings and in common dumping spots in the public right of way.

City staff solicited input from community members, property owners, property managers, tenants, solid waste haulers, and other cities’ programs through surveys, direct calls, and inperson and virtual workshops. With this input, City staff developed the following guidelines for a pilot Multifamily Dwelling Bulky Item Pick Up Program:
 Appointments must be made by account holder- tenants can contact their property owners or property managers to request an appointment, but only the account holder can contact solid waste haulers to set appointment (this was later modified).  Bulky items must be placed in the street adjacent to the property after 6pm the day before appointment- property owners can contact the City if they deem that location unsafe, but collection will only occur on private property with an allowance from the City.  Property owner is responsible for adherence with the program- including, acceptable and unacceptable items, time and location of placement, and illegal dumping as a result of improper use of the program.
 Multifamily Dwelling Bulky Item Pick Up Program appointments will be scheduled the first week of the month- to accommodate turn over from apartment complexes and to separate the cost of this expanded program from residential collection, multifamily appointments will only be made during the first week of the month.

For the Pilot Program, the City launched coordinated and publicized a multilingual outreach and education program. Outreach and education efforts included:
3 A full list of items acceptable and unacceptable items for the Bulky Item Pick Up Program is located here:
https://www.modestogov.com/373
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City Council, February 27, 2024
Extension of Pilot Agreement for the Multifamily Dwelling Bulky Item Pick Up Program

 Brochures detailing the Multifamily Dwelling Bulky Item Pick Up Program, including how to schedule appointments and identifying acceptable items.  Door hangers and flyers outlining bulky item programs and fines for illegal dumping.  In-person outreach at properties where residents can ask questions and receive more personalized information.
 Property site visits to schedule appointments for the first year to ensure compliance; and  Advertising the program on social media and in local newspapers and magazines The first phase of the pilot program (March 1, 2023, to September 30, 2023) allowed the accountholder to schedule appointments; tenants could contact their property owners or property managers to request an appointment, but only the account holder could contact solid waste haulers to set appointments. During this phase, the City received 20 appointments. City staff received feedback from multifamily residents indicating that they do not want to have the property manager, or the landlord be responsible for making their appointments and requested the City change the pilot program. Staff developed the second phase in response to this feedback.

The second phase of the pilot program (October 1, 2023, to March 1, 2024) allows tenants to contact their haulers directly to set an appointment for bulky item pick up. For the first three months of the second phase from October to December 2023, the City received 30 appointments. The second phase of the program is more popular that the first phase, thus staff is requesting to extend the second phase of the pilot until December 31, 2026, to collect more data and further develop the program.

FISCAL IMPACT:

The cost of this program is fully funded by a $180,000 allocation from the American Rescue Plan Act (ARPA) under Resolution 2022-327. ARPA funds cover the information gathering the City has already done to develop the program and the outreach and education that will occur during the one-year pilot. The cost of collection and disposal is also included in this previous allocation. So far staff have only spent $16,865 and will be able to fully fund the extension of the program under the current allocation.

COMMITTEE RECOMMENDATION:

This pilot project extension was presented to Finance Committee on January 29, 2024. The Committee recommended the pilot program extension be forwarded to Council for approval.

RECOMMENDED COUNCIL ACTION:

Staff Recommendations:

Resolution approving the extension of Pilot Agreement for the Multifamily Dwelling Bulky Item Pick Up Program for an additional thirty-three months, with a pilot expiration date of December 31, 2026.
#22..
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City Council, February 27, 2024
Extension of Pilot Agreement for the Multifamily Dwelling Bulky Item Pick Up Program

Approved by:

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

1. Resolution
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\ -1-

MODESTO CITY COUNCIL
RESOLUTION NO. 2024-

RESOLUTION APPROVING THE EXTENSION OF PILOT AGREEMENT FOR

THE MULTIFAMILY DWELLING BULKY ITEM PICK UP PROGRAM FOR

AN ADDITIONAL THIRTY-THREE MONTHS, WITH A PILOT EXPIRATION DATE OF DECEMBER 31, 2026
WHEREAS, in 2019, the City of Modesto conducted citywide community surveys that identified blight as one of the most pressing issues for residents; and WHEREAS, in 2020, the Council adopted the 2020-2025 Blight Abatement Strategy, developed through collaboration with community members, local partnerships, other agencies, and internal City departments to outline initiatives for blight abatement on public and private property, encourage public and private partnerships, and support further action to minimize and mitigate blight; and WHEREAS, on July 12, 2022, by Resolution 2022-327, Council approved the development and implementation of a Bulky Item Pick Up Program to serve multifamily dwellings under an allocation from the America Rescue Plan Act; and WHEREAS, on January 24, 2023, by Resolution 2023-42, Council approved the Multifamily Dwelling Bulky Item Pick Up Program as a pilot for a term of one year; and
WHEREAS, the first phase of the pilot program (March 1, 2023 to September 30, 2023) allowed the accountholder to schedule appointments. Tenants could contact their property owners or property managers to request an appointment, but only the account holder could contact solid waste haulers to set appointments. During this phase, the City received 20 appointments; and
WHEREAS, the second phase of the pilot program (October 1, 2023 to March 1, #22..
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\ -2-
2024) allows tenants to contact their haulers directly to set an appointment for bulky item pick up. For the first three months of the second phase from October to December 2023, the City received 30 appointments; and
WHEREAS, the second phase of the program is more popular that the first phase, thus staff is requesting to extend the second phase of the pilot until December 31, 2026 to collect more data and further develop the program.

NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Modesto that it hereby approves extension of Pilot Agreement for the Multifamily Dwelling Bulky Item Pick Up Program for an additional thirty-three months, with a pilot expiration date of December 31, 2026.

The foregoing resolution was introduced at a regular meeting of the Council of the City of Modesto held on the 27th day of February, 2024, 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
#22..
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CITY OF MODESTO

COUNCIL AGENDA REPORT
DATE OF MEETING:

February 27, 2024
January 26,2024
TO: Mayor and City Council
THROUGH: Joseph P. Lopez, City Manager
FROM: Bill Sandhu, Public Works Director
SUBJECT: Approve the submittal of application(s) to the California Department of Resources Recycling and Recovery for Waste Tire Enforcement Grants CONTACT: Rosene Nguyen, Integrated Waste Program Manager, [email protected], 209-577-5453
DESCRIPTION:

Consider approving the submittal of application(s) to the California Department of Resources Recycling and Recovery for Waste Tire Enforcement Grants. (Funding Source: Not Applicable) STRATEGIC PLAN ELEMENT:

The recommended action supports the City’s 2020-2025 Strategic Plan Initiative: Quality of Life, “Engage partners across the community to ensure the safety, resilience, and attractiveness of Modesto”, Goal B: “Increase pride in Modesto’s diverse neighborhoods and business districts through beautification efforts and by investing in community assets and amenities.” BACKGROUND:

The California Department of Resources Recycling and Recovery’s (CalRecycle) Waste Tire Enforcement Grant Program provides funds to eligible entities to inspect tire facilities and waste tire haulers to ensure that they are following the state regulations by sorting and disposing of waste tires properly and to investigate illegally dumped tires to determine responsible parties and/or to list for removal.

The State of California collects fees to fund waste tire grants to cities and counties for establishing and maintaining solid waste and various recycling programs. CalRecycle is responsible for the administration of the Waste Tire Enforcement Grant.

DISCUSSION:

The largest source of grant funding for the Solid Waste Division is CalRecycle. CalRecycle funds waste tire grant programs designed to reduce the number of tires going to landfill and eliminate the practice of stockpiling tires. Tire grant programs include:
 Waste tires clean up grants, which provide funding for collection, removal, transportation, and recycling of waste tires due to illegal dumping. #23..
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City Council, February 27, 2024
Approve the submittal of application(s) to the California Department of Resources Recycling and Recovery for Waste Tire Enforcement Grants

 Waste tire amnesty grants, which provide funding to collect waste tires at recycling events or convenient locations.
 Rubberized pavement grants, which provide funding for rubberized asphalt concrete projects.
 Tire-derived aggregate grants, which provide funding to utilize tire-derived aggregate as engineering alternatives.
 Tire-derived product grants, which provide funding for products made of 100% waste tires.
 Waste tire enforcement grants, which provide funding for waste tire enforcement activities.1
In the previous ten years, the City received over $300,000 in funding from CalRecycle waste tire program grants, which allowed the City to recycle illegally dumped tires for free, remove tires dumped in public spaces, and enforce state regulations on tire stockpiles and disposal. The Solid Waste Division will continue to apply for grant programs that support these and other relevant programs in accordance with the goals stated in the City’s Strategic Plan and policies stated in Administrative Directive 7.2 – Grant Management.

CalRecycle procedure requires local jurisdictions to have a resolution, valid for five years, on file authorizing staff to apply for grant programs in addition to the language stated in the Administrative Directive 7.2.

FISCAL IMPACT:

Applying for this CalRecycle grant does not commit the City to a financial obligation or to accept the grant, if awarded. This item is administrative in nature and has no fiscal impact.

COMMITTEE RECOMMENDATION:

This item was taken to the Finance Committee on January 29, 2024, and recommended to forward to Council for approval.

RECOMMENDED COUNCIL ACTION:

Staff Recommendations:

Resolution approving the submittal of application(s) to the California Department of Resources Recycling and Recovery (CalRecycle) for Waste Tire Enforcement Grants, and authorizing the City Manager, or his designee, to sign Grant Applications and related forms. 1 https://calrecycle.ca.gov/tires/grants/
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City Council, February 27, 2024
Approve the submittal of application(s) to the California Department of Resources Recycling and Recovery for Waste Tire Enforcement Grants

Approved by:

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

1. Resolution
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\ -1-

MODESTO CITY COUNCIL
RESOLUTION NO. 2024-

RESOLUTION APPROVING THE SUBMITTAL OF APPLICATION(S) TO THE

CALIFORNIA DEPARTMENT OF RESOURCES RECYCLING AND

RECOVERY (CALRECYCLE) FOR WASTE TIRE ENFORCEMENT GRANTS,

AND AUTHORIZING THE CITY MANAGER, OR HIS DESIGNEE, TO SIGN

GRANT APPLICATIONS AND RELATED FORMS
WHEREAS, the California Department of Resources Recycling and Recovery’s (CalRecycle) Waste Tire Enforcement Grant Program provides funds to eligible entities to inspect tire facilities and waste tire haulers to ensure that they are following the state regulations by sorting and disposing of waste tires properly and to investigate illegally dumped tires to determine responsible parties and/or to list for removal; and WHEREAS, the State of California collects fees to fund cities and counties for selected solid waste and recycling programs, and CalRecycle is responsible for the administration of the Waste Tire Enforcement Grant; and WHEREAS, in the previous ten years, the City received over $300,000 in funding from CalRecycle waste tire program grants, which allowed the City to recycle illegally dumped tires for free, remove tires dumped in public spaces, and enforce state regulations on tire stockpiles and disposal; and
WHEREAS, CalRecycle grant application procedures require an applicant’s governing body to declare by resolution, valid for five (5) years, certain authorizations related to administration of CalRecycle grants.

NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Modesto that it hereby approves the submittal of application(s) to the California Department of Resources Recycling and Recovery (CalRecycle) for Waste Tire Enforcement Grants. #23..
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\ -2-
BE IT FURTHER RESOLVED, that the City Manager, or his designee, is authorized to sign grant applications and related forms.

The foregoing resolution was introduced at a regular meeting of the Council of the City of Modesto held on the 27th day of February 2024, 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
#23..
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CITY OF MODESTO

COUNCIL AGENDA REPORT
DATE OF MEETING:

February 27, 2024
Date: February 2, 2024
TO: Mayor and City Council
THROUGH: Joseph P. Lopez, City Manager
FROM: William Wong, Director of Utilities
SUBJECT: Agreement for Recycled Water Quality Studies
CONTACT: Jeff Daniels, Acting Wastewater Division Manager, [email protected], 209-577-6255
DESCRIPTION:

Consider approving an Agreement with Larry Walker Associates, Davis, CA, for Recycled Water Quality Studies for a total amount not to exceed $819,330. (Funding Source: Sewer Operations 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:

The City of Modesto and the City of Turlock discharge recycled water to the Delta-Mendota Canal (DMC). Both agencies are regulated under a joint permit; Waste Discharge Requirements for the City of Turlock Regional Water Quality Control Facility and the City of Modesto Water Quality Control Facility, Stanislaus County, Order R5-2022-0034, NPDES CA0085316 (Regional Permit), adopted June 10, 2022, and effective August 1, 2022.

Order R5-2022-0034 contains new Special Provisions related to requirements for conducting a far-field dilution study and a constituents of emerging concern (CEC) study. The Far-Field Dilution study will determine if and to what extent the recycled water from the wastewater treatment plant facilities is affecting the water quality of the DMC. The CEC study is a requirement to test for potential contaminants that are not currently regulated and/or routinely monitored.

The City of Modesto, City of Turlock, and Del Puerto agreed to jointly hire a consultant to perform a Far-Field Dilution study and CEC study with the City of Modesto serving as the lead for purposes of the development of the scope of work for the Consultant Agreement for the Studies, and Turlock, and Del Puerto are “partner agencies”.
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City Council, February 27, 2024
Agreement for Recycled Water Quality Studies

On June 27, 2023, by Resolution 2023-306, Council approved a Memorandum of Understanding (MOU) for a Mutual Pay Agreement for the Far-Field Dilution and Constituents of Emerging Concern Studies between the City of Modesto, the City of Turlock and the Del Puerto Water District to comply with State Permit requirements. The Parties have agreed to an even share of the resulting costs for the studies, with each cost-sharing obligation broken down to a third. The MOU clearly identifies the roles and responsibilities of each party as they relate to professional services to be provided by the selected Consultant, including payment of all costs incurred.

To fund the studies, the Wastewater Division created a Non-Capital Project Number 101473 for $700,000 that was approved in the Fiscal Year 2023-24 budget adoption.

DISCUSSION:

On August 16, 2023, staff solicited proposals from the City of Modesto’s prequalified Local Consultant List that was approved on April 12, 2022, by Resolution No. 2022-191. Staff was also authorized to solicit proposals from the City of Turlock’s prequalified engineering consultant list.

On November 13, 2023, a Request for Proposals with a specific scope of work was issued to Woodard and Curran, West Yost, Carollo, Larry Walker Associates, and Robertson-Bryan, Inc., engineering consulting firms.

On December 19, 2023, staff received and distributed two (2) proposals to a selection committee consisting of members from the City of Modesto, City of Turlock, and Del Puerto.

On January 5, 2024, the selection committee evaluated the proposals and determined Larry Walker Associates to be the most qualified and responsive.

In accordance with Modesto Municipal Code 8-3.204(a), “Exceptions to Formal Bidding Requirements,” Agreements for Professional Servies are exempt from the bidding requirements of Modesto Municipal Code 8-3.203 if competitive quotations or proposals have been sought informally from at least three (3) qualified entities. However, staff proceeded with the RFP process pursuant to Administrative Directive 3.1 and after a review of proposals recommends the approval of an Engineering Services Agreement with Larry Walker and Associates for Recycled Water Quality Studies.

FISCAL IMPACT:

Funds are currently budgeted in the Sewer Operations Fund, FY 2023/24 Non-Capital Project Number 101473 at $700,000. Staff is requesting an increase of $119,330, from $700,000, for a maximum not to exceed $819,330.

The total estimated cost for identified engineering scope of services for the agreement is $744,845. Staff is also requesting ten percent (10%) of the agreed maximum compensation, or $74,485, for additional services that may be authorized by the City Manager.

ANTICIPATED PROJECT EXPENDITURES:
#24..
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City Council, February 27, 2024
Agreement for Recycled Water Quality Studies

Final City expenditures will be one-third of the total cost not to exceed $819,330, upon receiving reimbursement per the conditions outlined in the MOU for a Mutual Pay Agreement for the FarField Dilution and Constituents of Emerging Concern Studies between the City of Modesto, the City of Turlock and the Del Puerto Water District.

CEQA/NEPA REQUIREMENTS:

The approval of this agreement does not constitute a project for the purposes of the California Environmental Quality Act (CEQA).

COMMITTEE RECOMMENDATION:

This item was considered by the Economic Development Committee at the February 5, 2024, meeting where it was recommended that it be forwarded to Council.

RECOMMENDED COUNCIL ACTION:

Staff Recommendations:

Resolution approving the Agreement with Larry Walker Associates, Davis, CA, for Recycled Water Quality Studies in the amount of $744,845, plus $74,485 in additional services, if needed, for a total amount not to exceed $819,330, and authorizing the City Manager, or his designee, to execute the Agreement.

Resolution amending the Fiscal Year 2023-2024 Non-Capital Improvements Program Budget to increase Project Number #101473 - Far-field Dilution and CEC Studies by $119,330, from $700,000, for a revised total amount not to exceed $819,330, in transfers, revenue, and discretionary expenditures, and authorizing the City Manager, or his designee, to implement the provisions of this Resolution.

Approved by:

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

1. Resolutions (2)

2. Agreement

3. Exhibit A LWA Proposal

4. Exhibit B Cost Proposal
Engineering Services Agreement – Larry Walker Assoc. $744,845 Additional Services, if Needed (10%) $74,485
TOTAL: $819,330
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XXX 1 2024-XXX

MODESTO CITY COUNCIL
RESOLUTION NO. 2024-XXX

RESOLUTION APPROVING THE AGREEMENT WITH LARRY WALKER

ASSOCIATES, DAVIS, CA, FOR RECYCLED WATER QUALITY STUDIES IN THE AMOUNT OF $744,845, PLUS $74,485 IN ADDITIONAL SERVICES, IF NEEDED, FOR A TOTAL AMOUNT NOT TO EXCEED $819,330, AND

AUTHORIZING THE CITY MANAGER, OR HIS DESIGNEE, TO EXECUTE

THE AGREEMENT
WHEREAS, on June 27, 2023, by Resolution 2023-306, Council approved a Memorandum of Understanding (MOU) for a Mutual Pay Agreement for the Far-Field Dilution and Constituents of Emerging Concern Studies between the City of Modesto, the City of Turlock and the Del Puerto Water District to comply with State Permit requirements, and
WHEREAS, the Parties have agreed to an even share of the resulting costs for the studies, with each cost-sharing obligation broken down to a third, and WHEREAS, on November 13, 2023, a Request for Proposals with a specific scope of work was issued to five (5) engineering consulting firms, and WHEREAS, staff received and distributed two (2) proposals to a selection committee consisting of members from the City of Modesto, City of Turlock, and Del Puerto, and
WHEREAS, the selection committee evaluated the proposals and determined Larry Walker Associates to be the most qualified and responsive, and WHEREAS, in accordance with Modesto Municipal Code 8-3.204(a) agreements for professional services are exempt from formal bidding as long as competitive quotations or proposals have been sought informally from at least three qualified entities, and
#24..
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XXX 2 2024-XXX
WHEREAS, staff proceeded with the RFP process pursuant to Administrative Directive 3.1 that complied with the requirements of Modesto Municipal Code 8-3.204(a), and
WHEREAS, final City expenditures will be one-third of the total cost not to exceed $819,330, upon receiving reimbursement per the conditions outlined in the MOU for a Mutual Pay Agreement for the Far-Field Dilution and Constituents of Emerging Concern Studies between the City of Modesto, the City of Turlock and the Del Puerto Water District, and
WHEREAS, staff recommends approval of an Agreement with Larry Walker Associates, Davis, CA, for Recycled Water Quality Studies.

NOW, THEREFORE BE IT RESOLVED, by the Council of the City of Modesto that it hereby approves an Agreement with Larry Walker Associates, Davis, CA, for Recycled Water Quality Studies, in the amount of $744,845 plus $74,485, in additional services (if needed), for a total amount not to exceed $819,330 for Far-Field Dilution and Constituents of Emerging Concern Studies.

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. #24..
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XXX 3 2024-XXX
The foregoing resolution was introduced at a regular meeting of the Council of the City of Modesto held on the 27th day of February, 2024, by Councilmember XXX who moved its adoption, which motion being duly seconded by Councilmember XXX, 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
#24..
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1 2024-XXX

MODESTO CITY COUNCIL
RESOLUTION NO. 2024-
RESOLUTION AMENDING THE FISCAL YEAR 2023-2024 NON-CAPITAL IMPROVEMENTS PROGRAM BUDGET TO INCREASE PROJECT #101473 – FAR-FIELD DILUTION AND CEC STUDIES BY $119,330, FROM $700,000, FOR A REVISED TOTAL AMOUNT NOT TO EXCEED $819,330 IN TRANSFERS,

REVENUE, AND DISCRETIONARY EXPENDITURES, AND AUTHORIZING

THE CITY MANAGER, OR HIS DESIGNEE, TO IMPLEMENT THE

PROVISIONS OF THIS RESOLUTION
WHEREAS, the Fiscal Year 2023-2024 Non-Capital Improvement Budget must be amended to increase Project 101473 – Far-Field Dilutions and Constituents of Emerging Concerns Studies, in a total amount of $119,330 to establish transfers, recognize revenue, and increase discretionary expenditures.

NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Modesto that it hereby approves the amended to increase Project 101473 – Far-Field Dilutions and Constituents of Emerging Concerns Studies, in a total amount of $119,330 to establish transfers, recognize revenue, and increase discretionary expenditures.

BE IT FURTHER RESOLVED that the City Manager, or his designee, is hereby authorized to implement the provisions of this resolution. #24..
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2 2024-XXX
The foregoing resolution was introduced at a regular meeting of the Council of the City of Modesto held on the 27th of February 2024, 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
#24..
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STANDARD AGREEMENT

FOR CONSULTANT SERVICES
THIS AGREEMENT, made and entered into in the City of Modesto, State of California, this ___ day of , 2024, (“Effective Date”) by and between the CITY OF MODESTO, a municipal corporation of the State of California, hereinafter referred to as "City", and LARRY WALKER ASSOCIATES, a California corporation, hereinafter referred to as "Consultant".

This Agreement is made with regard to the following recitals:

A. City has determined that a Far-Field Dilution, and Constituents of Emerging Concern (CEC) Study should be prepared for the City, City of Turlock and Del Puerto Water District.

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

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 #24..
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continue in effect until City's acceptance of and payment for all services authorized by City andperformed 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 SEVEN HUNDRED FORTY-FOUR THOUSAND EIGHT HUNDRED FORTY-FIVE AND 00/100 DOLLARS ($744,845) (maximum compensation) as full remuneration for performing all services and furnishing all staffing and materials called for City 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. #24..
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Additional services may be authorized by the City Manager in an amount up to, but not to exceed 10% of the agreed maximum compensation, or SEVENTY-FOUR THOUSAND FOUR HUNDRED EIGHTY-FIVE AND 00/100 DOLLARS ($74,485). 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 EIGHT HUNDRED NINETEEN THOUSAND THREE HUNDRED THIRTY AND 00/100 DOLLARS ($819,330). 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.

5. PERFORMANCE BY KEY EMPLOYEE.

Consultant has represented to City that Brian Laurenson, PE will be the person primarily responsible for the performance of the services referred to in this Agreement. #24..
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City has entered into this Agreement in reliance on that representation by Consultant. Consultant therefore agrees that forty percent (40%) 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.

6. OWNERSHIP OF DOCUMENTS/TITLE TO DATA.

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

Title to Data
If, as a part of the agreement, Consultant is required to produce data such as, but not limited to, drawings, plans, specifications, calculations, models, flow diagrams, visual aids and other related materials, the originals of all such data generated under this agreement will be delivered to City upon the completion or termination of services under the contract.

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

7. NEWS AND INFORMATION RELEASE.

Consultant agrees that it will not issue any news releases in connection with either the award of this Agreement, or any subsequent amendment of or efforts under this #24..
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Agreement, without first obtaining review and approval of said news releases from the City through the City Manager.

8. 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.

9. 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. This Agreement, including the Exhibits attached hereto, may be amended only by an Amendment signed by both Parties. City will not be responsible to pay any charges Consultant may incur in performing services not identified in Exhibit ‘A’ unless first authorized by the City in writing, and Consultant shall not be required to perform any such additional services.

10. INDEPENDENT CONTRACTOR.

All acts of Consultant, its agents, officers, and employees and all others acting on behalf of Consultant relating to the performance of this Agreement, shall be performed as independent contractors and not as agents, officers, or employees of City. 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. It is understood #24..
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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 and control the method, details and means of performing the work and services to be provided by Consultant under this Agreement. Consultant shall be responsible to City only for the requirements and results specified in this Agreement, and, except as expressly provided in this Agreement, shall not be subjected to City's control with respect to the physical action or activities of the Consultant in fulfillment of this Agreement. Consultant is permitted to provide services to others during the same period service is provided to City under this Agreement. If necessary, Consultant has the responsibility for employing other persons or firms to assist Consultant in fulfilling the terms and obligations under this Agreement.

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

It is understood and agreed that as an independent contractor and not an employee of City neither the Consultant or Consultant's assigned personnel shall have any entitlement as a City employee, right to act on behalf of the City in any capacity whatsoever as an agent, or to bind the City to any obligation whatsoever. #24..
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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.

11. ASSIGNMENT.

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

12. PATENT/COPYRIGHT MATERIALS.

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

13. NOTICES.

Notice required by this Agreement shall be given in writing and shall be deemed given and effective upon delivery provided that such are delivered in accordance with the provisions of this Section. Notices shall be delivered either by: (a) personal delivery; (b) overnight courier service which obtains confirmation of delivery; or (c) certified pail, return receipt requested, if delivery is confirmed by a return receipt; or (d) by electronic transmission subject to reasonable proof that the notice was both transmitted and received. Each such notice shall be sent to the parties at the address respectively set forth below or to such other address as a party may designate by written notice given in accordance with the provisions of this Section:
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FOR CONSULTANT: Name: Larry Walker Associates
Address: 1480 Drew Avenue
Suite 100
Davis, CA 95618 __________
Attention: Brian Laurenson, PE
Phone: (530) 753-6400 ext. 230
Email: [email protected]
FOR CITY: Name: City of Modesto
Address: 1221 Sutter Avenue
Modesto, CA 95351
Attention: Melissa Holden
Phone: (209) 577-6275
Email: [email protected]

14. INSURANCE REQUIREMENTS.

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

In the event the certificates of insurance required hereunder do not provide for notice of cancellation to the certificate holder and/or additional insureds, the Consultant shall provide, and shall require its subcontractors to provide, as an express condition precedent to payment hereunder, an endorsement from their insurers providing that the additional insureds identified herein shall be provided 30 days’ notice of the cancellation on the policies of insurance required hereunder (10 days’ notice if the policies are cancelled for non-payment of premium). In addition, the named insured on all such policies shall provide to the additional insureds identified herein any notices of cancellation of said insurance policies within 5 business days of receipt of such notice. The Consultant shall, as a further express condition precedent to payment for work #24..
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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.
(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 #24..
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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 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.

15. TERMINATION OF AGREEMENT.

Termination for Default of Consultant
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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 cancel this Agreement at any time, with or without cause, upon written notification to Consultant.

Post-Termination Procedure
Upon receipt of a written notice of termination, the Consultant shall:
a. Cease its work as directed in the notice of termination as of the termination date and see to it that its employees, subconsultants and agents are notified of such termination and act as specified in the notice of termination;
b. Terminate all orders and Subcontractors except as necessary to complete any portion of the Work that is not terminated; c. If directed in writing by the City to do so, assign all right, title and interest in subcontracts and materials in progress to City, in which case the City will have the right at its discretion to settle, or pay any or all claims arising out of the termination of such subconsultants, but in no event shall recovery by any Consultant or subconsultant include lost profits for portions of the Work not completed or undertaken, including materials not delivered; #24..
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d. Deliver or otherwise make available to the City all data, drawings, specifications, reports, estimates, summaries and such other information and material as may have been accumulated by the Consultant in performing the Work whether completed or in process; e. Settle outstanding liabilities and claims, subject to the approval of City;
f. Complete performance of such part of the Project 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 Project and/or property related to the Project;
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 for work actually completed prior to the receipt of the termination notice or otherwise completed in accordance with the notice of termination.

The final payment to the Consultant after termination for convenience shall be limited to amounts due and owing under the Agreement at time of termination, including the following:
a. The cost of settling and paying valid claims arising out of the #24..
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termination of the Work such as subconsultant agreements or contracts for materials;
b. The Agreement price allocable to the portion of the Work properly performed or goods supplied to the work site by the Consultant as of the date of termination, as determined in accordance with the notice of termination, reduced by any sums previously paid to the Consultant.

16. INDEMNITY.

The Consultant shall hold the City, its agents, officers, employees, and volunteers, harmless from and save, defend and indemnify them against any and all claims, losses, liabilities, judgments 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.

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

In the event that Consultant or any employee, agent, or subcontractor of Consultant providing services under this Agreement is determined by a court of competent jurisdiction or the California Public Employees Retirement System (PERS) to be eligible for enrollment in PERS as an employee of City, Consultant shall indemnify, defend, and hold harmless City for the payment of any employee and/or employer contributions for PERS benefits on behalf of Consultant or its #24..
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employees, agents, or subcontractors, as well as for the payment of any penalties and interest on such contributions, which would otherwise be the responsibility of City.

17. DISPUTE RESOLUTION.

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

18. ATTORNEYS’ FEES.

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

19. ENTIRE AGREEMENT.

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

20. PARTIAL INVALIDITY.

If any provision in this Agreement is held by a court of competent jurisdiction to be invalid, void, or unenforceable, the remaining provisions shall nevertheless continue in full force without being impaired or invalidated in any way. #24..
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21. WAIVER.

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

22. AUDIT.

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

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

23. GOVERNING LAW.

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

24. HEADINGS NOT CONTROLLING.

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

25. COMPLIANCE WITH LAWS.

Consultant shall insure compliance with all safety and hourly requirements for employees, in accordance with federal, state, and county safety and health regulations and laws.

Consultant shall fully comply with all applicable federal, state, and local laws, ordinances, regulations and permits.
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26. CITY BUSINESS LICENSE.

Consultant will have a City of Modesto business license.

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. 2024- , adopted by the Council of the City of Modesto on the day of , 2024, and LARRY WALKER ASSOCIATES has caused this agreement to be duly executed as of the Effective Date. #24..
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January 17, 2024
Ben Koehler, Chief Plant Operator
City of Modesto
Utilities Department, Wastewater
1010 Tenth Street, 6th Floor, City Clerk
Modesto, California 95353
via email only to [email protected]
Subject: Larry Walker Associates Revised Scope of Services and Budget for Far Field Dilution and Constituents of Emerging Concern Studies
Dear Mr. Koehler:

Larry Walker Associates (LWA) appreciates the opportunity to continue our work with the City of Modesto (City), City of Turlock and Del Puerto Water District (DPWD), collectively referred to as the “project partners”, related to the water reuse project and associated National Pollutant Discharge Elimination System (NPDES) permit for the joint discharge to the Delta Mendota Canal (DMC). LWA is partnered with Woodard & Curran (W&C) to provide technical and regulatory support as the LWA Team. The joint water reuse project by the City and these project partners was originally referred to as the North Valley Regional Recycled Water Program (NVRRWP). This scope of services will include laboratory services that are subcontracted and may include subcontracting field or other specialty services, if requested and approved by the City.

Per your request on January 16, 2024, I have updated this scope of services to provide more detail, including identification of optional tasks. The optional tasks reflect the uncertainty of the regulatory requirements for these technical studies. The Far Field Dilution Study in particular has a number of unknowns because such studies have not been required in the past for projects not intended as potable municipal drinking water supply projects. The City and project partners may also identify scope modifications in the future to optimize project execution within the approved budget or to address a regulator concern that is identified during the project. Additionally, this scope of services will cover at least the time from notice to proceed until the next NPDES permit renewal, which may not occur until sometime after July 2027 when the current NPDES permit expires. The final study reports for both the Far Field Dilution Study and Constituents of Emerging Concern (CEC) Study are due to the Central Valley Regional Water Quality Control Board (Central Valley Water Board) along with the Report of Waste Discharge (ROWD) July 31, 2026. Budget estimates are provided as Attachment A using the rate sheets provided as part of the December 2023 proposal submitted by the LWA Team. Attachment B is provided as the initial project schedule, which may be updated at the direction of the City and project partners.

The LWA Team will provide the regulatory and technical services described in this letter to support the City and project partners. These services do not include oversight of health and safety conditions for the City and project partners or their consultants or venders. Modeling and technical analyses will be performed to respond to regulatory requirements and are not necessarily intended to serve as the basis for wastewater treatment design or operational changes and are not engineering design calculations.

The scope of services is described below using a separate task numbering system for each of the studies (e.g., Far Field 1a, CEC 1a, etc.), however it is expected that the level of effort and budget may be transferred

EXHIBIT A
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January 17, 2024
NVRRWP Far Field and CEC Studies

between tasks and subtasks as more information from the Central Valley Water Board, DDW, and project partners becomes available. As such, LWA requests to report progress and track hours only based on project task.

FAR-FIELD DILUTION STUDY
The March 2022 Department of Drinking Water (DDW) Surface Water Augmentation (SWA) assessment stated that the NVRRWP project is not for drinking water and is not considered a "Surface Water Source Augmentation Project” or “SWSAP." While the purpose of the NVRRWP water reuse project is not expected to change, the NPDES permit allows DDW to change this finding based on the Far Field Dilution Study results. The original DDW finding was based on an analysis performed by the LWA Team using CalSim data and a monthly time step water balance model that reported an annual average percent reclaimed water. However, to reduce the level of effort, the model did not consider diversions, mixing, or other sources of attenuation of the reclaimed water fraction. These assumptions would generally result in a higher percentage of reclaimed water (treated wastewater). The LWA Team previously prepared an approach evaluation for the City of Modesto (Woodard-Curran and LWA, November 22, 2022, technical memorandum). The Far Field Dilution Study first requires development of a workplan for approval by the Central Valley Water Board and then submittal of a final report as part of the ROWD.

TASK 1. PROJECT/MEETING COORDINATION
Regular updates and clear communication of technical products and progress are critical for success in the Far Field Dilution Study. Because the outcomes may include nuanced interpretations of technical data, it is vital to have buy-in to the approach and technical results. Meetings with both NVRRWP staff, the Central Valley Water Board and DDW will be critical as shown in the detailed project schedule below.

TASK 1.A PRELIMINARY MEETINGS
The LWA Team will facilitate a preliminary meeting with the City and project partners will confirm the study approach and develop roles and responsibilities for the project moving forward.

TASK 1.B SET GOALS AND EXPECTATIONS
The LWA Team will develop project goals and expectations for approval by the City and project partners, including expected level of effort, collaborative structure for decision making and review, and may include technical items such as the expected approach to measure modeling error. The LWA Team will revise the Attachment B project schedule with major milestones and deadlines identified.

TASK 1.C PROGRESS MEETINGS
As part of the project the LWA will facilitate up to four project progress meetings with the City and project partners that may be coordinated with the CEC Study. The objective of the meetings is to ensure goals are being met and discuss comments on all drafts of workplan components and reports after Workplan implementation. It is expected that most meeting will be help virtually, but in-person meetings can be requested by project partners.

Additional optional meetings may be requested by the City or project partners for more frequent discussions as necessary to address issues that may arise (e.g., preparation for meetings with regulators, etc.). These additional meetings may also include specific meetings with interested parties or as-needed meetings and communications.
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January 17, 2024
NVRRWP Far Field and CEC Studies

TASK 1.D SAN LUIS & DELTA-MENDOTA WATER AUTHORITY DATA

COORDINATION
The LWA Team will communicate with San Luis & Delta-Mendota Water Authority (SLDMWA) to request pump-in and DMC flow information. The request will be coordinated with DPWD and other project partners.

The project partners may need to review and provide guidance on the location of pump-ins and other operational parameters. It may be necessary to schedule a meeting with SLDMWA to resolve questions or explain the objectives and needs of the data request.

TASK 1.E DPWD DATA COORDINATION
The LWA Team will coordinate with DPWD and other entities for diversion and other operational information that may inform the far field modeling. It may be necessary to schedule a meeting with DPWD to resolve questions or explain the objectives and needs of the data request.

TASK 1.F DEVELOP WORKPLAN OUTLINE
The LWA Team will develop the workplan outline including sufficient annotation to describe the technical approach. The outline will include some optional activities (e.g., tracer study) that may not be included with the initial workplan submittal. The LWA Team will schedule and meet with the project partners to discuss workplan outline and any comments. The LWA Team will prepare one revision to the outline based on comments received.

TASK 1.G MEETINGS WITH REGULATORS
The LWA Team will prepare the City and project partners and assist in facilitation (agenda, meeting materials, etc.) with the Centra Valley Water Board and DDW staff, as necessary. The objective of the meetings could be to explain the initial expected approach in the workplan to develop buy-in from the regulators or otherwise identify any key thresholds, outcomes, or technical analyses that are expected. It is recommended that at least one meeting be in-person in Sacramento or Rancho Cordova.

TASK 2. WORKPLAN DEVELOPMENT
The LWA Team recommends a stepwise approach to engagement to request and compile the diversion datasets and work with the SLDMWA and downstream water agencies to better understand operations.

Outreach to all stakeholders is critical to acquiring necessary data in a timely fashion, understanding system operations, and gaining approval for monitoring elements. Key refinements to the modeling include reducing the reported timestep to monthly, quantifying diversions/return water from/to the DMC, considering the mixing in the DMC such that a more significant fraction of reclaimed water is diverted from the side of the DMC with a higher percentage of wastewater, and accounting for the degradation of the strength of signal through all other processes. Accurate diversion data will be critical to improving the model. DDW highly favors source tracer studies that use introduced or natural tracers with high fidelity in a field study to confirm model results. The LWA Team recommends that the study include an optional evaluation of operational scenarios so that the NVRRWP can justify continued operations without significant changes.

TASK 2.A DEFINE MODEL DOMAIN
The LWA Team will identify the study spatial zone of the DMC upstream and downstream of the combined outfall and appropriate data date range and flow conditions. These are important factors for model development that will be based on the project goals and objectives. As the available data and model tools are evaluated in subsequent steps the model domain and key assumptions may be modified. #24..
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January 17, 2024
NVRRWP Far Field and CEC Studies

TASK 2.B INVENTORY DATA
The LWA Team will inventory (i.e., list and describe) the available data sources for flow rates, diversions, and return water. The LWA Team will determine historic data availability, frequency/time increments, and operational rules or climate conditions that may need to be simulated or measured for modeling flow in the system. Additionally, the inventory will track the time period reflected by the datasets, for example:
instantaneous, daily average, monthly average, annual average.

TASK 2.C IDENTIFY TECHNICAL TOOLS
The LWA Team will evaluate and propose technical tools to meet project goals and expectations. This may include hydrologic models, dispersion modeling (three dimensional) from outfall to nearest intake location to account for disproportionate diversion of recycled water, dye or other reliable tracer testing, and others. DDW and the RWQCB may require dye-based field verification of modeling results. As both current average dry weather flow and future build out dry weather flows are specified conditions to evaluate in the permit, it is likely both numerical models and tracer testing will be necessary components of the workplan.

TASK 2.D IDENTIFY AND ACQUIRE DIVERSION DATA
The LWA Team will identify and request the location, quantity, and timing of diversions from the DMC by the DPWD and other users from the DMC within the identified study zone and the determined date range. If data are not available or limited in scope or quality (e.g., duration of diversion instead of measured flows) modeling outcomes may be limited. If data are not readily available the LWA Team will develop best estimates.

TASK 2.E IDENTIFY AND ACQUIRE PUMP-IN DATA
The LWA Team will identify and request the location, quantity, and timing of pump-ins to the DMC within the identified study zone during the determined date range. If data are not available or limited in scope or quality (e.g., duration of pump-in instead of measured flows) it may limit the modeling outcomes. Moreover, the LWA Team may request assistance from DPWD or other project partners in acquiring the data. If data are not readily available the LWA Team will develop best estimates.

TASK 2.F IDENTIFY DATA GAPS AND APPROACH
The LWA Team will evaluate available data and identify key missing data needs that may require additional sample collection (i.e., optional or external activity). The LWA Team will develop technical approach alternatives for evaluation of feasibility and ability to meet project goals. This assessment will include identification of data gaps preventing full implementation of proposed tools. If data cannot be collected reasonably, then the LWA Team will develop assumptions to implement in modeling.

TASK 2.G REVISE WORKPLAN OUTLINE
The LWA Team will revise the workplan outline based on project team discussions and available data sources for distribution to the City and project partners. The annotated outline from Far Field Dilution Study Task 1 will be revised based on the identified data gaps and technical tools. The work plan should at a minimum discuss background, data sources, proposed technical methods, any specific study questions, measurement and sources of error, final reporting approach and contents, and schedule.

TASK 2.H DRAFT WORKPLAN
The LWA Team will use the finalized outline to develop draft workplan for review by project team and other agreed upon reviewers. It is assumed that some input from the Central Valley Water Board will be incorporated into the workplan to ensure that it meets the minimum requirements. The draft workplan will include at least the minimum requirements to describe the technical approach.

The project partners may optionally request additional review cycles of the draft workplan, including meetings.

The project partners may also request additional sections or information be included in the draft workplan. #24..
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January 17, 2024
NVRRWP Far Field and CEC Studies

TASK 2.I FINALIZE AND SUBMIT WORKPLAN
The LWA Team will submit a finalized workplan to the project partners for submittal to the Central Valley Water Board for review. The City of Modesto and City of Turlock are required to submit the workplan by August 1, 2024. At the request of the project partners, the LWA Team can submit the workplan to the Central Valley Water Board, though access to electronic submittal portals may be necessary.

TASK 3. WORKPLAN IMPLEMENTATION
While existing modeling tools (e.g., finite element models) should be evaluated, mass and water balance models could be more readily developed for the project conditions. A deterministic continuous simulation model could be developed if input conditions are well known. If the initial data compilation steps identify critical data gaps that cannot be filled, a stochastic modeling approach that considers the probabilities of occurrence based on available data could be employed to estimate the percent reclaimed water and the confidence intervals (margin of error) of the results. Modeling should include development, calibration, and verification steps. Evaluation of model sensitivity to varying assumptions and an assessment of overall error is important to the documentation of model performance.

TASK 3.A PERFORM MODELING
The LWA Team will use available data to model far-field dilution under critical design flow conditions as described in the study workplan that is approved by the Central Valley Water Board or as directed by the City and project partners.

Optionally, as directed by the City and project partners LWA may include additional analysis in the modeling study beyond the expected workplan scope. This may include evaluation of possible operational scenarios to better understand management conditions.

TASK 3.B FIELD VERIFICATION [OPTIONAL]
The LWA Team recommends that tracers or other field measurement study be performed to verify model performance and confirm the percent wastewater estimated by modeling. This study would be described in the workplan but could include introduction of a tracer or use of some other indicator of wastewater. The Central Valley Water Board may not require this effort, however, DDW does require such work for surface water augmentation projects.

TASK 3.C DRAFT MODEL REPORT
The LWA Team will develop a draft report outline based on the workplan reporting specifications for review by the City and project partners. The LWA Team will produce and circulate draft Far Field Dilution Study Report to the City and project partners for review and comments.

TASK 3.D FINALIZE AND SUBMIT MODEL REPORT
The LWA Team will modify the report, as needed, after one round of comments. Additional review cycles are optional activities. The LWA Team will submit the final Far Field Dilution Study Report to the City and project partners. The City of Modesto and City of Turlock are required to submit the report to the Central Valley Water Board by July 31, 2026. The LWA Team can assist or perform the electronic submittal, but may require access to submittal portals or otherwise be granted submittal credentials.

TASK 3.E CENTRAL VALLEY WATER BOARD FOLLOW-UP
The LWA Team will provide optional technical updates or response-to-comments during ROWD submittal and permit renewal process. This may include technical support through renewal of the NPDES permit. Optionally and with direction from the City and project partners, the LWA Team may assist with other components of ROWD development.
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January 17, 2024
NVRRWP Far Field and CEC Studies

DELIVERABLES
The LWA Team will provide a draft workplan, final workplan, and final report. Outlines of the workplan and report will be prepared and shared with the City and Project Partners prior to the preparation of those documents. In addition, the LWA Team will prepare meeting notes to document critical milestones, findings, or decisions. The LWA Team will provide all source documents, including code and model inputs sufficient to allow a qualified third party to replicate the analysis. #24..
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CONSTITUENTS OF EMERGING CONCERN STUDY
The CEC (and pathogen indicator) Study is a stand-alone requirement in the NPDES permit. However, the CEC Study could n be coordinated with the far-field modeling to efficiently address the downstream drinking water agency concerns related to reclaimed water in the DMC. The NPDES permit notes that the March 2022 DDW letter study suggests that the NVRRWP should collect “effluent samples and downstream receiving water samples, quarterly, for constituents of emerging concern that present health concerns…”. The presence of CECs and pathogen indicators in the DMC may not be due to the NVRRWP and it will be critical to quantify these background sources.

TASK 1. PROJECT AND MEETING COORDINATION
The LWA Team will coordinate and facilitate project meetings with the City, project partners, the Central Valley Water Board, and DDW. It is expected that these meetings can be coordinated to a degree with the far-field study for efficiency, though the Far Field Dilution Study is a more complex technical effort. Moreover, separate meetings may be necessary because the CEC Study NPDES permit requirements include consultation with the Central Valley Water Board, DDW, and the State Water Contractors. Aside from the initial kick-off meeting, project and meeting coordination will occur through the project. The Attachment B schedule is a best professional judgement of the timing of project meetings and coordination efforts that is subject to change based on input from the City and project partners.

TASK 1.A COORDINATE TEAM MEETINGS
The LWA Team will coordinate and facilitate a meetings with the City and project partners to discuss approach and roles responsibilities for the project. This meeting will be a kick-off meeting to initiate the project approach, steps, and schedule.

Optionally at the request of the City and project partners, additional meetings may be necessary with a larger group of project partners or separate meetings can be held with individual groups.

TASK 1.B DEVELOP GOALS AND EXPECTATIONS
The LWA Team will develop project goals and expectations for the CEC study. The CEC study will be coordinated with Far Field Dilution Study as necessary to support the characterization of NVRRWP contributions to the DMC based on human health concerns. The LWA Team will produce a project schedule with major milestones and deadlines identified based on modifications to the Attachment B schedule. The LWA Team will specify the NPDES permit requirements for the CEC study and identify how they will be specifically met by the project goals.

TASK 1.C PROGRESS MEETINGS
The LWA Team will conduct up to two progress meetings with the City and project team to ensure goals are met and discuss comments on all drafts of the workplan components and final report after monitoring plan implementation.

Optionally at the request of the City and project partners, additional meetings may be added to address group or individual project partner needs.

TASK 1.D COMPILE HISTORICAL DATA
The LWA Team will develop a data and study report target list and compile the data sources approved by the City and project partners. The LWA Team will consider available CEC data that may be relevant to the CEC Study, including data collected by the Delta RMP, the State Water Contractors, San Francisco Bay Area data, and other readily available data in the California Environmental Data Exchange Network (CEDEN) and the California Integrated Water Quality System (CIWQS) databases. The NPDES permit requires that “The #24..
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Dischargers should consider CEC information from the Delta Regional Monitoring Program’s CEC study, the CEC Synthesis Report developed by the Aquatic Resource Center (March 2022 Final report, titled “CECs in California’s Ambient Ecosystems: Occurrence and Risk Screening of Key Classes”), or other studies, as appropriate.” The LWA Team will consider these studies further in the workplan development tasks. The LWA Team will coordinate with the City and project partners to further identify data available from SLDMWA and State Water Contractors as needed.

TASK 1.E REGULATORY WORKPLAN COORDINATION
The LWA Team will coordinate and facilitate meetings with the City, project partners, the Central Valley Water Board, DDW and the State Water Contractors as needed for draft workplan review and comment discussions.

It is expected that this coordination can be completed with one larger meeting. The LWA Team will prepare materials for consideration at the meeting and develop meeting notes describing any action items of decisions.

It is expected that the meeting notes will be sufficient documentation to resolve regulator considers and satisfy the NPDES permit coordination requirements.

Optionally and at the direction of the City and project partners, the LWA Team will coordinate an additional meeting with the City, project partners, the Central Valley Water Board, DDW and the State Water Contractors to resolve outstanding issues.

TASK 1.F COORDINATE LABORATORIES
The LWA Team will coordinate directly with ELAP certified contract laboratories capable of analyzing samples for CEC at appropriate detection limits and obtain required sample containers and equipment. It is expected that commercial laboratories will be capable of all analysis, however, the LWA Team will consider research or specialty laboratories, if necessary.

Optionally and at the direction of the City and project partners, the LWA Team will research additional laboratories and request technical review by laboratories to ensure an adequate quality control and quality assurance program and the overall appropriateness of the analytical methods for the expected sample matrices.

TASK 1.G PERMIT REQUIRED COORDINATION
The NPDES requires coordination with the Central Valley Water Board, DDW and the State Water Contractors and this scope of services includes meeting facilitation in a separate task. The Central Valley Water Board, DDW and the State Water Contractors may require additional meetings and provide comments on work products. The LWA Team will coordinate with any additional entities as necessary to satisfy NPDES requirements.

Optionally and at the direction of the City and project partners, the LWA Team will provide additional support to satisfy NPDES permit coordination requirements. The level of effort cannot be determined prior to project initiation.

TASK 2. CEC MONITORING PLAN DEVELOPMENT
LWA developed the Delta RMP CEC attenuation study in a stepwise collaborative process with the dischargers, the Central Valley Water Board, and all stakeholders. Drinking Water agencies augmented the study with separately collected data at various locations, including the City of Modesto effluent. Data from these programs and the State Water Boards CEC programs can be used best to select sampling locations and the specific constituent list. Laboratory performance and potential contamination issues can limit the ability to discern the CEC signal downstream. An upstream sample location allows a mass balance to separate out CECs from upstream sources. Downstream locations and methods should be considered mixing across the DMC or #24..
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at locations closer to points of diversion. The CEC signal (concentration) is expected to weaken in the large spatial scale of the far-field study. It would be beneficial to characterize conditions at fully mixed locations upstream and at increasing distances downstream to characterize dilution and degradation (i.e., attenuation) adequately. The monitoring plan does not have to be a complex document, but it should adequately define the analytical targets, methods, laboratories with capability, sample collection protocols, and the expected data analysis. DDW may have suggested changes and the overall analyte list must be negotiated during monitoring plan development. The City and project partners will want to consider the overall cost and usefulness of the CECs for the far-field study. The NPDES permit suggests quarterly sample collection ostensibly to capture different seasons and treatment performance variability. It may be possible to reduce the study period if it can be determined during work plan development that a shorter study with adequate sample locations was sufficient to characterize conditions.

TASK 2.A SUMMARIZE HISTORICAL DATA
The LWA Team will also compile available threshold values used by the Central Valley Water Board and State Water Resources Control Board relevant to wastewater assessments. The LWA Team will review and summarize these historical data to determine existing effluent and relevant receiving water CEC concentrations. These will be used to generally guide selection of monitoring locations, constituents, and expected concentrations. The summary will be included in the monitoring plan and will be provided as an informal report to the City and project partners (e.g., meeting handout).

TASK 2.B SUMMARIZE DATA FINDINGS
The LWA Team will summarize findings from the Delta RMP and State Water Board CEC Scientific Advisory panel. These entities have completed data collection and have other activities planned that can provide insight and background to the CEC Study. The LWA Team will prepare a summary for possible use in the monitoring plan to justify constituent lists and sample collection frequency. The LWA Team will be provide the information as an informal report to the City and project partners (e.g., meeting handout).

TASK 2.C IDENTIFY DATA GAPS
The LWA Team will identify any data gaps need to adequately characterize effluent and receiving water CEC concentrations to satisfy conditions of the NPDES permit requirements. The LWA Team will use the data and study summaries to justify the CEC constituent list and sample collection methods. The LWA Team will be provide the data gap summary as an informal report to the City and project partners (e.g., meeting handout).

TASK 2.D REVISE CEC LIST
The LWA Team will develop a recommended CEC list based on review of data and available guidance and/or coordination opportunities identified and compiled in previous tasks. The CEC list will best optimize available analytical suites/methods based on cost and overall priority of concern. The LWA Team will base the prioritization on study findings by others and interpretation of available data. The study list will be developed in coordination with laboratory information (i.e., available high performing laboratories).

TASK 2.E DRAFT MONITORING PLAN
The LWA Team will develop a draft CEC monitoring plan that identifies a proposed CEC list, monitoring locations, required detection and qualification limits, and sampling methods and frequency as required by the NPDES permit. The LWA Team will provide the draft monitoring plan to the City and project partners for review.
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TASK 2.F FINAL MONITORING PLAN
The LWA Team will prepare a final monitoring plan that incorporates comments from the City and project partners.

TASK 2.G SUBMIT MONITORING PLAN
The LWA Team will assist the City and project partners in submitting the final CEC monitoring plan to the Regional Board by August 1, 2024. The LWA Team will work with the City and project partners to address comments from the Central Valley Water Board, DDW, and the State Water Contractors to finalize the monitoring plan before implementation.

TASK 3. CEC MONITORING PLAN IMPLEMENTATION
Following approval of the monitoring plan and direction from the City and project partners, the LWA Team will implement the monitoring program. The LWA Team would lead field crews for the sample collection events.

The monitoring plan may require special access and sample collection equipment to ensure representative samples were collected. Because concentrations of target CECs will be low, comprehensive contamination minimization protocols will be necessary, including the addition of field and travel blanks. The LWA Team field crews will likely need access to the DMC and other federal and state facilities such as the pumping station, San Luis Reservoir, and O’Neill Forebay. The City and project partners will assist the LWA Team in gaining access permission to any required locations. Sample collection timing could also be coordinated with other NPDES requirements to reduce cost or NVRRWP staffing requirements.

TASK 3.A PERFORM MONITORING
The LWA Team will coordinate and collect the monitoring plan samples for four monitoring events at three monitoring locations. The LWA Team will perform monitoring as described in the approved monitoring plan and contract the sample analysis to qualified laboratories approved in the monitoring plan.

Optionally and at the direction of the City and project partners, the LWA Team will collect samples at a fourth location, likely a second downstream location. LWA recommends the second downstream location to better assess conditions before pumping to San Luis Reservoir. Additional locations could be added with available funding and as directed by the City and project partners. The cost estimate assumes each site analytical suite will cost no more than $4,500.

TASK 3.B COMPILE AND REVIEW DATA
The LWA Team will compile, review quality control and analyze the monitoring concentration and flow data collected. It is assumed that flow data will be available for the DMC and all pumping facilities. The LWA Team will appropriately qualify data not meeting data quality objectives and summarize data quality findings. The LWA Team will provide data in spreadsheet format and in summary tables and figures. The LWA Team will prepare a draft monitoring report that includes the sample collection summary, data quality evaluation summary, final results, and data visualizations. The draft monitoring report will be submitted to the City and project partners for review and comment.

TASK 3.C PREPARE FINAL DATA REPORT
The LWA Team will modify the data report, as needed, after one round of City and project partner comments.

Additional review cycles are optional activities with available funding. The LWA Team will submit the final Far Field Dilution Study Report to the City and project partners. The City of Modesto and City of Turlock are required to submit the report to the Central Valley Water Board by July 31, 2026. The LWA Team can assist or perform the electronic submittal, but may require access to submittal portals or otherwise be granted submittal credentials.
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TASK 3.D CENTRAL VALLEY WATER BOARD FOLLOW-UP
The LWA Team will provide optional technical updates or response-to-comments during ROWD submittal and permit renewal process. This may include technical support through renewal of the NPDES permit. Optionally and with direction from the City and project partners, the LWA Team may assist with other components of ROWD development.

DELIVERABLES
The LWA Team will provide a draft, final work plan, and draft and final data report. Outlines of the work plan and report will be prepared prior to the preparation of those documents. In addition, the LWA Team will prepare meeting notes to document critical milestones, findings, or decisions. The LWA Team will provide all source documents, including code, laboratory reports, and electronic data sufficient to allow a qualified third party to replicate the analysis. The study report will evaluate data quality, summary statistics, and data visualization (e.g., attenuation/spatial virility plots, time series plots, distributional plots, and comparison to other studies, where available).

We look forward to assisting the Cities and DPWD in performing these important technical and regulatory services. I will be the authorized signatory on all matters related to this proposal and contract. I can be reached at (530) 753-6400 x 213 or [email protected]. Please contact me directly if you have any questions or require any additional information.

Yours truly,
Brian M Laurenson
Executive Vice President
cc: Melissa Holden, City of Modesto (via email)
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ATTACHMENT A. PROJECT BUDGET AND LEVEL OF EFFORT
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ATTACHMENT B. PROJECT SCHEDULE
The project schedule must meet the NPDES permit requirements and must allow for sufficient input from stakeholders and regulators. The schedule must allow for sufficient technical rigor, laboratory analysis, and reporting time. Both studies have the same work plan due date (August 1, 2024), and both study reports are expected to be part of the July 31, 2026 ROWD.

FAR-FIELD DILUTION STUDY
Milestone/Activity Approximate
Date
Note
Kick-off meeting
NVRRWP
March 2024 NTP
or before pro
bono to advance
the project
Set communication plan, roles and responsibilities, project schedule, and project goals and expectations.

Draft Technical
Approach and
regulator engagement
plan
March 15, 2024
Develop technical approach and initial list of data needs and alternative technical approaches to consider existing model or custom water/mass balance development [Deliverable]
Progress meeting March 31, 2024 Review proposed technical approach and regulatory engagement Central Valley Water
Board staff meeting April 8, 2024 Meeting to present technical approach for feedback. Central Valley Water Board may request that DDW attend.

Request for
information to DPWD
and SLDMWA
April 15, 2024 Develop specific data requests for diversions, pump-in, and system operations based on technical approach
Draft data gap
technical
memorandum
May 15, 2024
Technical memorandum that identifies and critical data needs, the impact on the technical approach, and alternatives to resolve gaps.

Progress meeting May 22, 2024 Update on progress and present work plan outline Regulator meeting June 1, 2024 Optional meeting depending on input from Central Valley Water Board
Draft work plan June 15, 2024 Submit draft work plan to NVRRWP [Deliverable] Final work plan July 15, 2024 Submit final work plan to NVRRWP within two weeks of receiving comments [Deliverable]
Workplan Due August 1, 2024 NPDES permit submittal due date Central Valley Water
Board staff meeting October 15, 2024 Discuss any comments from Central Valley Water Board and provide responses Develop initial far-field
model and outputs March 1, 2025 Identify key model sensitivities and specific calibration and verification methods Perform field
verification monitoring
(if necessary)
March 2025
through February
2026
Collect samples or data In coordination with CEC monitoring for any model verification and calibration
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Milestone/Activity Approximate
Date
Note
Progress meeting April 2026 Finalize model and provide outputs Draft far field model
report May 2026 Document model development and report results [Deliverable] Progress meeting May 2026 Discuss comments on draft report Final far field model
report
June 2026 Finalize report within two weeks of receiving comments including all model files and documentation [Deliverable] Study report due July 31, 2026 NPDES permit submittal due date

CONSTITUENTS OF EMERGING CONCERN STUDY
Milestone/Activity Approximate
Date
Note
Kick-off meeting
NVRRWP
At March 2024
notice to
proceed or
before pro
bono to
accelerate
project
Set communication plan, roles and responsibilities, project schedule, and project goals and expectations
Draft Technical
Approach and
regulator engagement
plan
March 15, 2024 Based on direction from NVRRWP develop technical approach, including constituent list, and rationale [Deliverable] Progress meeting March 31, 2024 Review proposed technical approach and regulatory engagement Central Valley Water
Board staff meeting April 8, 2024 Meeting to present technical approach for feedback. Central Valley Water Board may request that DDW attend.

Request and review
available information April 15, 2024
Public CEC data are already available (e.g., Delta RMP), but the State Water Contractors (SWC) and others have collected data in the study area that should be reviewed
Progress meeting May 22, 2024 Update on progress and present workplan outline Central Valley Water
Board staff meeting June 1, 2024 Optional meeting depending on initial input from Central Valley Water Board Draft work plan June 15, 2024 Submit draft work plan to NVRRWP [Deliverable] Final work plan July 15, 2024 Submit final work plan to NVRRWP within two weeks of receiving comments [Deliverable]
Monitoring Plan Due August 1, 2024 NPDES permit submittal due date #24..
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Milestone/Activity Approximate
Date
Note
Central Valley Water
Board staff meeting
October 15,
2024
Discuss any comments from Central Valley Water Board and provide responses
Prepare sample
collection plan and
quality assurance
project plan (QAPP)
March 1, 2025 Sample collection plan includes logistics and other planning specifications to fully implement workplan.

Perform field
monitoring (if
necessary)
March 2025
through
February 2026
Collect samples for one year or at the work plan frequency or otherwise as specified in the work plan. For each event, provide email updates on any work plan deviations and summary results Progress meeting and
report outline April 2026 Provide study results and initial interpretation and report outline.

Draft CEC report May 2026 Draft report based on outline [Deliverable] Progress meeting May 2026 Discuss comments on draft report Final CEC report June 2026 Finalize report within two weeks of receiving comments [Deliverable]
Study Report Due July 31, 2026 NPDES permit submittal due date

EXHIBIT A
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EXHIBIT B
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EXHIBIT B #24..
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EXHIBIT B
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CITY OF MODESTO

COUNCIL AGENDA REPORT
DATE OF MEETING:

February 27, 2024
Date: February 27, 2024
TO: City Council
THROUGH: Joseph P. Lopez, City Manager
FROM: William Wong, Director of Utilities
SUBJECT: Approve First Amendment for Pump Station Rejuvenation Services CONTACT: Jeremy Parnell, Acting Water Division Manager, [email protected], 209-342-4599
DESCRIPTION:

Consider approving the First Amendment to the Pump Station Rejuvenation Services to Don Pedro Pump, Hughson, CA, to a revised total amount of $3,598,700 over five years. (Funding Source: Storm Drainage Fund, Sewer Operations Fund and Water Fund) STRATEGIC PLAN ELEMENT:

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

BACKGROUND:

The City owns and operates 91 water well sites, which have a production (pumping) capacity of 156 million gallons of water per day. This system provides water to approximately 76,000 connections and serves over 280,000 customers. The Water Division operates and maintains these pump stations to ensure reliable fire protection and water service to City customers.

The City also owns and operates 66 storm and sewer lift stations, pumping average dry weather flows of 27 million gallons per day, and over 100 million gallons per day during peak wet weather flows. This system conveys sewage to the wastewater treatment plant on Sutter Avenue. Storm water is pumped to Dry Creek, Tuolumne River, Modesto Irrigation District (MID) and Turlock Irrigation District (TID) canals. The Wastewater Division maintains the sewer and storm lift stations and wastewater treatment plant processes, ensuring the lift stations and treatment plant operate reliably.

Water well sites, storm/sewer lift stations, and pumping facilities require periodic rejuvenation, including repair and replacement of equipment. If not properly maintained, reduced reliability of these facilities could affect the delivery of water to City customers, water pressures for fire #25..
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City Council Meeting, February 27, 2024
Approve First Amendment for Pump Station Rejuvenation Services

suppression and the necessary transfer of storm and sewer flows. Failure of any of these facilities could impact the health and safety of our customers and result in significant regulatory fines and penalties.

On April 11, 2017, by Resolution No. 2017-138, Council authorized the award of bid for the furnishing of pump station rejuvenation services to Don Pedro Pump, Hughson, CA, as “Primary” Contractor, and Howk Systems, Modesto, CA, as “Secondary” Contractor, for a two year agreement with three one-year extension options at the sole discretion of the City, for an estimated annual cost of $600,000, and $3,000,000 over five years, and authorizing the City Manager, or his designee, to issue purchase agreements for an estimated annual cost of $600,000.

On December 14, 2021, by Resolution No. 2021-492, Council authorized the extension of termination dates of four purchasing agreements as defined under Attachment A, approving termination dates for the services stated herein; and authorizing the Purchasing Manager, or her designee, to execute amendments to the identified purchase agreements.

On September 13, 2022, by Resolution No. 2022-388, Council authorized the award of bid for the furnishing of pump station rejuvenation services to Don Pedro Pump, Hughson, CA for a two-year agreement with three one-year extension options for an estimated annual amount of $350,000 and $1,974,350 over five years and authorizing the City Manager, or his designee, to execute the agreement. The agreement covers individuals pump station rejuvenation projects estimated to cost less than $100,000 at the time the project is initiated. Projects of greater than $100,000 are required to be separately bid.

DISCUSSION:

During the first calendar year of this newly established agreement, ten (10) water well sites were rehabilitated, and four (4) tank sites had booster pumps replaced along with various repairs for the Wastewater and Water Divisions.

A first amendment to the Don Pedro Pump agreement is due to an increase in needed repairs and maintenance at various tank, pump station and well sites throughout our system. These necessary repairs exceeded our initial estimated annual spend and we are trending to spend the same amount going into the second year of the current agreement. The increased costs due to inflation continue to be problematic for many of our agreements and are being reviewed on a case-by-case basis. Both Divisions will need to continue to schedule work with Don Pedro Pump to keep operations running and remain in compliance with State regulations.

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 (f) 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 or similar good or services, of limited quantity or scope, to increase efficiency and avoid delays or disruptions to City projects or services. This Amendment qualifies for the exception for these reasons.

FISCAL IMPACT:
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City Council Meeting, February 27, 2024
Approve First Amendment for Pump Station Rejuvenation Services

Expenditures for calendar years one and two (year to date) for pump station rejuvenation services under the current agreement are listed in the following table:

Contract Year Current
Expenditures
Revised Projected
Expense
Year 1 $562,513 $350,000
Year 2 - YTD $163,441 $700,000
Year 3 $ - $770,000
Year 4 $ - $847,000
Year 5 $ - $931,700
TOTAL $725,954 $3,598,700
The cost for these services will be covered by the Water Fund (4100), Sewer Operations Fund (4210), and Storm Drainage Fund (4480) through existing budget, with the current year estimated amount of $700,000 and the following three years budgeted with a potential 10% increase in costs annually. The revised total amount over five years is projected not to exceed $3,598,700.

COMMITTEE RECOMMENDATION:

This item was presented to the Economic Development Committee on February 5, 2024 and was recommended to forward to Council for approval.

RECOMMENDED COUNCIL ACTION:

Staff Recommendation:

Resolution approving the First Amendment increasing the Agreement amount with Don Pedro Pump, Hughson, CA for Pump Station Rejuvenation Services by $1,624,350 from $1,974,350 to a new total amount not to exceed $3,598,700 over the term of the Agreement, and authorizing the City Manager or his designee, to execute the amendment.

Approved by:

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

1. Resolution

2. First Amendment – Don Pedro Pump

3. Original Agreement
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1 2024-02-06

MODESTO CITY COUNCIL
RESOLUTION NO. 2024-

RESOLUTION APPROVING THE FIRST AMENDMENT INCREASING THE

AGREEMENT AMOUNT WITH DON PEDRO PUMP, HUGHSON, CA FOR
PUMP STATION REJUVENATION SERVICES BY $1,624,350 FROM $1,974,350 TO A NEW TOTAL AMOUNT NOT TO EXCEED $3,598,700 OVER THE TERM

OF THE AGREEMENT, AND AUTHORIZING THE CITY MANAGER OR HIS

DESIGNEE, TO EXECUTE THE AMENDMENT
WHEREAS, the City owns and operates 91 water well sites, which have a production (pumping) capacity of 156 million gallons of water per day. This system provides water to approximately 76,000 connections and serves over 280,000 customers, and
WHEREAS, the City also owns and operates 66 storm and sewer lift stations, pumping average dry weather flows of 27 million gallons per day, and over 100 million gallons per day during peak wet weather flows, and
WHEREAS, Water well sites, storm/sewer lift stations, and pumping facilities require periodic rejuvenation, including repair and replacement of equipment. If not properly maintained, reduced reliability of these facilities could affect the delivery of water to City customers, water pressures for fire suppression and the necessary transfer of storm and sewer flows, and
WHEREAS, failure of any of these facilities could impact the health and safety of our customers and result in significant regulatory fines and penalties, and WHEREAS, on April 11, 2017, by Resolution No. 2017-138, Council authorized the award of bid for the furnishing of pump station rejuvenation services to Don Pedro Pump, Hughson, CA, as “Primary” Contractor, and Howk Systems, Modesto, CA, as “Secondary” Contractor, for a two year agreement with three one-year extension options #25..
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2 2024-02-06
at the sole discretion of the City, for an estimated annual cost of $600,000, and $3,000,000 over five years; and
WHEREAS, on December 14, 2021, by Resolution No. 2021-492, Council authorized the extension of termination dates of four purchasing agreements as defined under Attachment A, approving termination dates for the services stated herein; and WHEREAS, on September 13, 2022, by Resolution No. 2022-388, Council authorized the award of bid for the furnishing of pump station rejuvenation services to Don Pedro Pump, Hughson, CA for a two-year agreement with three one-year extension options for an estimated amount of $350,000 and $1,974,350 over five years; and WHEREAS, a First Amendment to the Don Pedro Pump Agreement is due to an increase in needed repairs and maintenance at various tank, pump station and well sites throughout our 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. However, exceptions to the formal bidding process are granted in MMC 8-3.204 (f) 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 or similar good or services, of limited quantity or scope, in order to increase efficiency and avoid delays or disruptions to City projects or services. This Amendment qualifies for the exception for these reasons.

NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Modesto that it hereby approves the First Amendment to the Agreement for pump station rejuvenation services to increase the amount by $1,624,350 from $1,974,350 to a revised #25..
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total amount not to exceed $3,598,700 over the term of the agreement with Don Pedro Pump, Hughson, CA.

BE IT FURTHER RESOLVED that the City Manager, or his designee, are hereby authorized to execute the first amendment in a form approved by the City Attorney. #25..
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The foregoing resolution was introduced at a regular meeting of the Council of the City of Modesto held on the 27th day of February, 2024, 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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FIRST AMENDMENT TO AGREEMENT

WITH DON PEDRO PUMP FOR PUMP STATION REJUVINATION SERVICES This First Amendment to the Agreement for pump station rejuvenation services (“First Amendment”) is entered into between the CITY OF MODESTO, a municipal corporation of the State of California (hereinafter the “CITY”) and Don Pedro Pump (hereinafter “CONTRACTOR”) entered into by the parties on the ________ day of ____________, 2024.

RECITALS
This First Amendment to the Agreement for pump station rejuvenation services is made with regard to the following recitals:

WHEREAS, CITY and CONTRACTOR previously entered into an Agreement for the pump station rejuvenation services on the 19th day of September, 2022 (the “Original Agreement”), and
WHEREAS, CITY and CONTRACTOR desire to amend the Original Agreement by increasing the previously approved estimated annual amount from $350,000 to an estimated annual amount of $700,000, and
WHEREAS, CITY and CONTRACTOR desire to amend the Original Agreement by increasing the previously approved not to exceed amount over five years from $1,974,350 to a not to exceed amount over five years of $3,598,700, and 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. Section 1e, paragraph 1, “Scope of Work” of the Original Agreement is deleted and replaced as follows:
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“CONTRACTOR shall furnish said services at the following agreement rates, for an estimated annual amount of $700,000 and a total amount not to exceed $3,598,700 over five years.”

2. 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.

IN WITNESS WHEREOF, the City of Modesto, a municipal corporation, has authorized the execution of this First Amendment to Agreement for pump station rejuvenation 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 Don Pedro Pump has caused this First Amendment to be duly executed as of the Effective Date.
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CITY OF MODESTO

COUNCIL AGENDA REPORT
DATE OF MEETING:

February 27, 2024
Date: January 29, 2024
TO: Mayor and City Council
THROUGH: Joseph P. Lopez, City Manager
FROM: Jessica Hill, Director of Community and Economic Development SUBJECT: Acceptance of the Clean California Local Grant Program Cycle 2 Grant CONTACT: Cue Tan, Business Analyst
[email protected], 209-571-5540
DESCRIPTION:

Consider approving the Department of Transportation (CalTrans) Clean California Local Grant Program Cycle 2 Grant in the amount of $3,129,000 for the Downtown Revitalization Project. (Funding Source: Clean California Local Grant Program)
STRATEGIC PLAN ELEMENT:

The recommended action supports the City’s Strategic Plan Area of Focus: Quality of Life, Goal B: “Increase pride in Modesto’s diverse neighborhoods and business districts through beautification efforts and by investing in community assets and amenities”.

BACKGROUND:

In 2019, the City of Modesto conducted citywide community surveys which identified blight as one of the most pressing issues for residents. On December 10, 2019, Council approved by Resolution 2019-555 the 2020-2025 Blight Abatement Strategy, developed through collaborations with community members, local partnerships, other agencies, and internal City departments. The strategy outlines initiatives for blight abatement on public and private property, encourages public and private partnerships, and further action to minimize and mitigate blight.1
The Department of Transportation (CalTrans) Clean California Local Grant Program is a competitive statewide fund created to enhance communities and improve spaces for public use, including beautification and cleaning of local streets, roads, tribal lands, parks, pathways, transit centers and other public spaces. The Program is part of the nearly $1.1 billion Clean California initiative and approximately $100 million is allocated for local communities as part of the Program Cycle 2 announced in 2022.2
1 https://www.modestogov.com/DocumentCenter/View/18350/Blight-Abatement-Strategy-Printable-PDF 2 https://cleancalifornia.dot.ca.gov/local-grant-program #26..
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City Council, February 27, 2024
Acceptance of the Clean California Local Grant Program Cycle 2 Grant