RFP #091422
REQUEST FOR PROPOSALS
for
Facility MRO, Industrial, and Building-Related Supplies and Equipment Proposal Due Date: September 14, 2022, 4:30 p.m., Central Time Sourcewell, a State of Minnesota local government unit and service cooperative, is requesting proposals for Facility MRO, Industrial, and Building-Related Supplies and Equipment to result in a contracting solution for use by its Participating Entities. Sourcewell Participating Entities include thousands of governmental, higher education, K-12 education, nonprofit, tribal government, and other public agencies located in the United States and Canada. A full copy of the Request for Proposals can be found on the Sourcewell Procurement Portal [https://proportal.sourcewell-mn.gov]. Only proposals submitted through the Sourcewell Procurement Portal will be considered. Proposals are due no later than September 14, 2022, at 4:30 p.m. Central Time, and late proposals will not be considered.
SOLICITATION SCHEDULE
Public Notice of RFP Published: July 26, 2022
Pre-proposal Conference: August 17, 2022, 10:00 a.m., Central Time Question Submission Deadline: September 6, 2022, 4:30 p.m., Central Time Proposal Due Date: September 14, 2022, 4:30 p.m., Central Time Late responses will not be considered.
Opening: September 14, 2022, 6:30 p.m., Central Time
See RFP Section V.G. “Opening”
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Rev. 3/2022 Sourcewell RFP #091422
Facility MRO, Industrial, and Building-Related Supplies and Equipment
I. ABOUT SOURCEWELL
A. SOURCEWELL
Sourcewell is a State of Minnesota local government unit and service cooperative created under the laws of the State of Minnesota (Minnesota Statutes Section 123A.21) that facilitates a competitive public solicitation and contract award process for the benefit of its 50,000+ participating entities across the United States and Canada. Sourcewell’s solicitation process complies with State of Minnesota law and policies, conforms to Canadian trade agreements (including Canadian Free Trade Agreement, Ontario-Quebec Trade and Cooperation Agreement, and Canada-European Union Comprehensive Economic and Trade Agreement, as applicable), and results in cooperative purchasing solutions from which Sourcewell’s Participating Entities procure equipment, products, and services.
Cooperative purchasing provides participating entities and suppliers increased administrative efficiencies and the power of combined purchasing volume that result in overall cost savings. At times, Sourcewell also partners with other purchasing cooperatives to combine the purchasing volume of their membership into a single solicitation and contract expanding the reach of contracted suppliers’ potential pool of end users.
Sourcewell uses a website-based platform, the Sourcewell Procurement Portal, through which all proposals to this RFP must be submitted.
B. USE OF RESULTING CONTRACTS
In the United States, Sourcewell’s contracts are available for use by:
• Federal and state government entities1;
• Cities, towns, and counties/parishes;
• Education service cooperatives;
• K-12 and higher education entities;
• Tribal government entities;
• Some nonprofit entities; and
• Other public entities.
In Canada, Sourcewell’s contracts are available for use by:
• Provincial and territorial government departments, ministries, agencies, boards, councils, committees, commissions, and similar agencies; • Indigenous self-governing bodies
• Regional, local, district, and other forms of municipal government, municipal organizations, school boards, and publicly funded academic, health, and social service 1 Pursuant to HAR §3-128-2, the State of Hawaii, Department of Accounting and General Services, State Procurement Office, on behalf of the State of Hawaii and participating jurisdictions, has provided notice of its Intent to Participate in the solicitation as a participating entity.
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entities referred to as MASH sector (this should be construed to include but not be limited to the Cities of Calgary, Edmonton, Toronto, Ottawa, and Winnipeg), as well as any corporation or entity owned or controlled by one or more of the preceding entities; • Crown corporations, government enterprises, and other entities that are owned or controlled by these entities through ownership interest; • Members of the Canoe procurement group of Canada, and their partner associations:
Canoe members are regional, local, district or other forms of municipal government, school boards, publicly-funded academic, health and social service entities in Alberta and across Canada, as well as any corporation or entity owned or controlled by one or more of the preceding entities – as well as partner associations, including Saskatchewan Association of Rural Municipalities, Association of Manitoba Municipalities, Local Authorities Services/Association of Municipalities Ontario, Nova Scotia Federation of Municipalities, Federation of Prince Edward Island Municipalities, Municipalities Newfoundland Labrador, Union of New Brunswick Municipalities, North West Territories Association of Communities, CivicInfo BC, and their members.
For a listing of current United States and Canadian Participating Entities visit Sourcewell’s website (note: there is a tab for each country): https://www.sourcewell-mn.gov/sourcewell-forvendors/agency-locator.
Participating Entities typically access contracted equipment, products, or services through a purchase order issued directly to the contracted supplier. A Participating Entity may request additional terms or conditions related to a purchase. Use of Sourcewell contracts is voluntary and Participating Entities retain the right to obtain similar equipment, products, or services from other sources.
To meet Participating Entities’ needs, Sourcewell broadly publishes public notice of all solicitation opportunities, including this RFP. In addition, where applicable, other purchasing cooperatives and procurement officials receive notice and are encouraged to re-post the solicitation opportunity.
Proof of publication will be available at the conclusion of the solicitation process.
II. SOLICITATION DETAILS
A. SOLUTIONS-BASED SOLICITATION
This RFP and contract award process is a solutions-based solicitation; meaning that Sourcewell is seeking equipment, products, or services that meet the general requirements of the scope of this RFP and that are commonly desired or are required by law or industry standards. #2..
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B. REQUESTED EQUIPMENT, PRODUCTS, OR SERVICES
It is expected that proposers will offer a wide array of equipment, products, or services at lower prices and with better value than what they would ordinarily offer to a single government entity, a school district, or a regional cooperative.
1. Sourcewell is seeking proposals for Facility MRO, Industrial, and Building-Related Supplies and Equipment, construed to consist of supplies, equipment, tools, and accessories (including related services), designed or used for facility or building-related maintenance, repair, or operations, of the following types:
a. Facility MRO;
b. Industrial supplies or building materials;
c. Electric, mechanical, fluid, or pneumatic power transmission; d. Electrical service or lighting;
e. Plumbing or waterworks; and,
f. Services related to the offering of the solutions in subsections 1. a. – e. above.
2. The focus of this solicitation is on Facility MRO, Industrial, and Building-Related Supplies and Equipment. This solicitation should NOT be construed to include construction, repair, or maintenance services-only solutions. A proposal for “services-only” is excluded from the scope of this solicitation.
3. This solicitation does not include those equipment, products, or services covered under categories included in contracts currently maintained by Sourcewell:
a. Electrical Energy Power Generation with Related Parts, Supplies, And Services (RFP #120617);
b. Trailers with Related Equipment, Accessories, and Services (RFP #121918); c. Sports Lighting with Related Supplies and Services (RFP #071619); d. Flooring Materials, with Related Supplies and Services (RFP #080819); e. Paint with Related Supplies, Equipment, and Services (RFP #121219); f. Office Supply Catalog Solutions (RFP #012320);
g. Vehicle Lifts, with Garage and Fleet Maintenance Equipment (RFP #013020); h. Forklifts and Lift Trucks with Related Services (RFP #091520); i. Janitorial Supplies and Equipment with Related Services (RFP #101320); j. OEM Automotive Parts and Supplies (RFP #101520);
k. Fleet and Facility Related Vendor Managed Inventory and Logistics Management Solutions (RFP #110520);
l. Facility Security Systems, Equipment, and Software with Related Services (RFP #030421); m. Aftermarket Vehicle Parts and Supplies (RFP #032521); n. HVAC Systems and Related Services (RFP #070121); and, o. Public Safety and Emergency Management Equipment, Tool, and Supply Catalog Solutions (RFP #080922).
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Proposers may include related equipment, accessories, and services to the extent that these solutions are complementary to the equipment, products, or service(s) being proposed.
Generally, the solutions for Participating Entities are turn-key solutions, providing a combination of equipment, products and services, delivery, and installation to a properly operating status. However, equipment-only or products-only solutions may be appropriate for situations where Participating Entities possess the ability, either in-house or through local thirdparty contractors, to properly install and bring to operation the equipment or products being proposed.
Sourcewell prefers suppliers that provide a sole source of responsibility for the equipment, products, and services provided under a resulting contract. If proposer is including the equipment, products, and services of its subsidiary entities, the proposer must also identify all included subsidiaries in its proposal. If proposer requires the use of distributors, dealers, resellers, or subcontractors to provide the equipment, products, or services, the proposal must address how the equipment, products or services will be provided to Participating Entities, and describe the network of distributors, dealers, resellers, and/or subcontractors that will be available to serve Participating Entities under a resulting contract.
Sourcewell encourages suppliers to offer the broadest possible selection of equipment, products, and services being proposed over the largest possible geographic area and to the largest possible cross-section of Sourcewell current and future Participating Entities.
C. REQUIREMENTS
It is expected that proposers have knowledge of all applicable industry standards, laws, and regulations and possess an ability to market and distribute the equipment, products, or services to Participating Entities.
1. Safety Requirements. All items proposed must comply with current applicable safety or regulatory standards or codes.
2. Deviation from Industry Standard. Deviations from industry standards must be identified with an explanation of how the equipment, products, and services will provide equivalent function, coverage, performance, and/or related services.
3. New Equipment and Products. Proposed equipment and products must be for new, current model; however, proposer may offer certain close-out equipment or products if it is specifically noted in the Pricing proposal.
4. Delivered and operational. Unless clearly noted in the proposal, equipment and products must be delivered to the Participating Entity as operational.
5. Warranty. All equipment, products, supplies, and services must be covered by a warranty that is the industry standard or better.
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D. ANTICIPATED CONTRACT TERM
Sourcewell anticipates that the term of any resulting contract(s) will be four years, with an option to offer up to two one-year extensions based on the best interests of Sourcewell and its Participating Entities.
E. ESTIMATED CONTRACT VALUE AND USAGE
Based on past volume of similar contracts, the estimated annual value of all transactions from contracts resulting from this RFP are anticipated to be USD $400 Million; therefore, proposers are expected to propose volume pricing. Sourcewell anticipates considerable activity under the contract(s) awarded from this RFP; however, sales and sales volume from any resulting contract are not guaranteed.
F. MARKETING PLAN
Proposer’s sales force will be the primary source of communication with Participating Entities.
The proposer’s Marketing Plan should demonstrate proposer’s ability to deploy a sales force or dealer network to Participating Entities, as well as proposer’s sales and service capabilities. It is expected that proposer will promote and market any contract award.
G. ADDITIONAL CONSIDERATIONS
1. Contracts will be awarded to proposers able to best meet the need of Participating Entities. Proposers should submit their complete line of equipment, products, or services that are applicable to the scope of this RFP.
2. A proposer may submit only one proposal. If related, affiliated, or subsidiary entities elect to submit separate proposals, rather than a single parent-entity proposal, each such proposal must be prepared independently and without cooperation, collaboration, or collusion.
3. If a proposer works with a consultant on its proposal, the consultant (an individual or company) may not assist any other entity with a proposal for this solicitation.
4. Proposers should include all relevant information in its proposal, since Sourcewell cannot consider information that is not included in the proposal. Sourcewell reserves the right to verify proposer’s information and may request clarification from a proposer, including samples of the proposed equipment or products.
5. Depending upon the responses received in a given category, Sourcewell may need to organize responses into subcategories in order to provide the broadest coverage of the requested equipment, products, or services to Participating Entities. Awards may be based on a subcategory.
6. A proposer’s documented negative past performance with Sourcewell or its Participating Entities occurring under a previously awarded Sourcewell contract may be considered in the evaluation of a proposal.
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III. PRICING
A. REQUIREMENTS
All proposed pricing must be:
1. Either Line-Item Pricing or Percentage Discount from Catalog Pricing, or a combination of these:
a. Line-item Pricing is pricing based on each individual product or services. Each line must indicate the proposer’s published “List Price,” as well as the “Contract Price.” b. Percentage Discount from Catalog or Category is based on a percentage discount from a catalog or list price, defined as a published Manufacturer’s Suggested Retail Price (MSRP) for the products or services. Individualized percentage discounts can be applied to any number of defined product groupings. Proposers will be responsible for providing and maintaining current published MSRP with Sourcewell, and this pricing must be included in its proposal and provided throughout the term of any contract resulting from this RFP.
2. The proposer’s not to exceed price. A not to exceed price is the highest price for which equipment, products, or services may be billed to a Participating Entity. However, it is permissible for suppliers to sell at a price that is lower than the contracted price.
3. Stated in U.S. and Canadian dollars (as applicable).
4. Clearly understandable, complete, and fully describe the total cost of acquisition (e.g., the cost of the proposed equipment, products, and services delivered and operational for its intended purpose in the Participating Entity’s location).
Proposers should clearly identify any costs that are NOT included in the proposed product or service pricing. This may include items such as installation, set up, mandatory training, or initial inspection. Include identification of any parties that impose such costs and their relationship to the proposer. Additionally, proposers should clearly describe any unique distribution and/or delivery methods or options offered in the proposal.
B. ADMINISTRATIVE FEES
Proposers awarded a contract are expected to pay to Sourcewell an administrative fee in exchange for Sourcewell facilitating the resulting contracts. The administrative fee is normally calculated as a percentage of the total sales to Participating Entitiesfor all contracted equipment, products, or services made during a calendar quarter, and is typically one percent (1%) to two percent (2%). In some categories, a flat fee may be an acceptable alternative.
IV. CONTRACT
Proposers awarded a contract will be required to execute a contract with Sourcewell (see attached template). Only those modifications the proposer indicates in its proposal will be available for discussion. Much of the language in the Contract reflects Minnesota legal requirements and cannot be altered. Numerous and/or onerous exceptions that contradict #2..
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Minnesota law may result in the proposal being disqualified from further review and evaluation.
To request a modification to the template Contract, a proposer must submit the Exceptions to Terms, Conditions, or Specifications table with its proposal. Only those exceptions noted at the time of the proposal submission will be considered.
Exceptions must:
1. Clearly identify the affected article and section.
2. Clearly note the requested modification; and as applicable, provide requested alternative language.
Unclear requests will be automatically denied.
Only those exceptions that have been accepted by Sourcewell will be included in the contract document provided to the awarded supplier for signature.
If a proposer receives a contract award resulting from this solicitation it will have up to 30 days to sign and return the contract. After that time, at Sourcewell’s sole discretion, the contract award may be revoked.
V. RFP PROCESS
A. PRE-PROPOSAL CONFERENCE
Sourcewell will hold an optional, non-mandatory pre-proposal conference via webcast on the date and time noted in the Solicitation Schedule for this RFP and on the Sourcewell Procurement Portal. The purpose of this conference is to allow potential proposers to ask questions regarding this RFP and Sourcewell’s competitive contracting process. Information about the webcast will be sent to all entities that have registered for this solicitation opportunity through their Sourcewell Procurement Portal Vendor Account. Pre-proposal conference attendance is optional.
B. QUESTIONS REGARDING THIS RFP AND ORAL COMMUNICATION
All questions regarding this RFP must be submitted through the Sourcewell Procurement Portal.
The deadline for submission of questions is found in the Solicitation Schedule and on the Sourcewell Procurement Portal. Answers to questions will be issued through an addendum to this RFP. Repetitive questions will be summarized into a single answer and identifying information will be removed from the submitted questions.
All questions, whether specific to a proposer or generally related to the RFP, must be submitted using this process. Do not contact individual Sourcewell staff to ask questions or request information as this may disqualify the proposer from responding to this RFP. Sourcewell will not respond to questions submitted after the deadline.
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C. ADDENDA
Sourcewell may modify this RFP at any time prior to the proposal due date by issuing an addendum. Addenda issued by Sourcewell become a part of the RFP and will be delivered to potential proposers through the Sourcewell Procurement Portal. Sourcewell accepts no liability in connection with the delivery of any addenda.
Before a proposal will be accepted through the Sourcewell Procurement Portal, all addenda, if any, must be acknowledged by the proposer by checking the box for each addendum. It is the responsibility of the proposer to check for any addenda that may have been issued up to the solicitation due date and time.
If an addendum is issued after a proposer submitted its proposal, the Sourcewell Procurement Portal will WITHDRAW the submission and change the proposer’s proposal status to INCOMPLETE. The proposer can view this status change in the “MY BIDS” section of the Sourcewell Procurement Portal Vendor Account. The proposer is solely responsible to check the “MY BIDS” section of the Sourcewell Procurement Portal Vendor Account periodically after submitting its proposal (and up to the Proposal Due Date). If the proposer’s proposal status has changed to INCOMPLETE, the proposer is solely responsible to:
i) make any required adjustments to its proposal;
ii) acknowledge the addenda; and
iii) ensure the re-submitted proposal is received through the Sourcewell Procurement Portal no later than the Proposal Due Date and time shown in the Solicitation Schedule above.
D. PROPOSAL SUBMISSION
Proposer’s complete proposal must be submitted through the Sourcewell Procurement Portal no later than the date and time specified in the Solicitation Schedule. Any other form of proposal submission, whether electronic, paper, or otherwise, will not be considered by Sourcewell. Late proposals will not be considered. It is the proposer’s sole responsibility to ensure that the proposal is received on time.
It is recommended that proposers allow sufficient time to upload the proposal and to resolve any issues that may arise. The time and date that a proposal is received by Sourcewell is solely determined by the Sourcewell Procurement Portal web clock.
In the event of problems with the Sourcewell Procurement Portal, follow the instructions for technical support posted in the portal. It may take up to 24 hours to respond to certain issues.
Upon successful submission of a proposal, the Sourcewell Procurement Portal will automatically generate a confirmation email to the proposer. If the proposer does not receive a confirmation email, contact Sourcewell’s support provider at [email protected]. #2..
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To ensure receipt of the latest information and updates via email regarding this solicitation, or if the proposer has obtained this solicitation document from a third party, the onus is on the proposer to create a Sourcewell Procurement Portal Vendor Account and register for this solicitation opportunity.
Within the Sourcewell Procurement Portal, all proposals must be digitally acknowledged by an authorized representative of the proposer attesting that the information contained in in the proposal is true and accurate. By submitting a proposal, proposer warrants that the information provided is true, correct, and reliable for purposes of evaluation for potential contract award.
The submission of inaccurate, misleading, or false information is grounds for disqualification from a contract award and may subject the proposer to remedies available by law.
E. GENERAL PROPOSAL REQUIREMENTS
Proposals must be:
• In substantial compliance with the requirements of this RFP or it will be considered nonresponsive and be rejected.
• Complete. A proposal will be rejected if it is conditional or incomplete. • Submitted in English.
• Valid and irrevocable for 90 days following the Proposal Due Date.
Any and all costs incurred in responding to this RFP will be borne by the proposer.
F. PROPOSAL WITHDRAWAL
Prior to the proposal deadline, a proposer may withdraw its proposal.
G. OPENING
The Opening of proposals will be conducted electronically through the Sourcewell Procurement Portal. A list of all proposers will be made publicly available in the Sourcewell Procurement Portal after the Proposal Due Date, but no later than the Opening time listed in the Solicitation Schedule.
To view the list of proposers, verify that the Sourcewell Procurement Portal opportunities list search is set to “All” or “Closed.” The solicitation status will automatically change to “Closed” after the Proposal Due Date and Time.
VI. EVALUATION AND AWARD
A. EVALUATION
It is the intent of Sourcewell to award one or more contracts to responsive and responsible proposers offering the best overall quality, selection of equipment, products, and services, and #2..
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price that meet the commonly requested specifications of Sourcewell and its Participating Entities. The award(s) will be limited to the number of proposers that Sourcewell determines is necessary to meet the needs of its Participating Entities.
Factors to be considered in determining the number of contracts to be awarded in any category may include the following:
• Total evaluation scores (giving consideration to natural breaks in the scoring of responsive proposals);
• The number and geographic location of highest-scoring proposers that offer:
o A comprehensive selection of the requested equipment, products, or services; o A sales and service network ensuring availability and coverage for Participating Entities’ use; and
o Other attributes of the proposer or contents of its proposal that assist Participating Entities in achieving environmental and social requirements, and goals.
Information submitted as part of a proposal should be as specific as possible when responding to the RFP. Do not assume Sourcewell has any knowledge about a specific supplier or product.
B. AWARD(S)
Award(s) will be made to the highest-scoring proposer(s) whose proposal conforms to all conditions and requirements of the RFP, and consistent with the award criteria defined in this RFP.
Sourcewell may request written clarification of a proposal at any time during the evaluation process.
Proposal evaluation will be based on the following scoring criteria and the Sourcewell Evaluator Scoring Guide (a copy is available in the Sourcewell Procurement Portal):
Conformance to RFP Requirements 50
Financial Viability and Marketplace Success 75
Ability to Sell and Deliver Service 100
Marketing Plan 50
Value Added Attributes 75
Warranty 50
Depth and Breadth of Offered Equipment, Products, or Services 200 Pricing 400
TOTAL POINTS 1000
C. PROTESTS OF AWARDS
Any protest made under this RFP by a proposer must be in writing, addressed to Sourcewell’s Executive Director, and delivered to the Sourcewell office located at 202 12th Street NE, P.O. #2..
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Box 219, Staples, MN 56479. All documents that comprise the complete protest package must be received, and time stamped at the Sourcewell office by 4:30 p.m., Central Time, no later than 10 calendar days following Sourcewell’s notice of contract award(s) or non-award. and must be time stamped by Sourcewell no later than 4:30 p.m., Central Time. A protest must allege a procedural, technical, or legal defect, with supporting documentation. A protest that merely requests a re-evaluation of a proposal’s content will not be entertained A protest must include the following items:
• The name, address, and telephone number of the protester; • Identification of the solicitation by RFP number;
• A precise statement of the relevant facts;
• Identification of the alleged procedural, technical, or legal defect; • Analysis of the basis for the protest;
• Any additional supporting documentation;
• The original signature of the protester or its representative; and • Protest bond in the amount of $20,000 (except where prohibited by law or treaty).
Protests that do not address these elements will not be reviewed.
D. RIGHTS RESERVED
This RFP does not commit Sourcewell to award any contract, and a proposal may be rejected if it is nonresponsive, conditional, incomplete, conflicting, or misleading. Proposals that contain false statements or do not support an attribute or condition stated by the proposer may be rejected.
Sourcewell reserves the right to:
• Modify or cancel this RFP at any time;
• Reject any and all proposals received;
• Reject proposals that do not comply with the provisions of this RFP; • Select, for contracts or for discussion, a proposal other than that with the lowest cost; • Independently verify any information provided in a proposal; • Disqualify any proposer that does not meet the requirements of this RFP, is debarred or suspended by the United States or Canada, State of Minnesota, Participating Entity’s state or province; has an officer, or other key personnel, who have been charged with a serious crime; or is bankrupt, insolvent, or where bankruptcy or insolvency are a reasonable prospect;
• Waive or modify any informalities, irregularities, or inconsistencies in the proposals received;
• Clarify any part of a proposal and discuss any aspect of the proposal with any proposer; and negotiate with more than one proposer;
• Award a contract if only one responsive proposal is received if it is in the best interest of Participating Entities; and
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• Award a contract to one or more proposers if it is in the best interest of Participating Entities.
E. DISPOSITION OF PROPOSALS
All materials submitted in response to this RFP will become property of Sourcewell and will become public record in accordance with Minnesota Statutes Section 13.591, after negotiations are complete. Sourcewell considers that negotiations are complete upon execution of a resulting contract. It is the proposer’s responsibility to clearly identify any data submitted that it considers to be protected. Proposer must also include a justification for the classification citing the applicable Minnesota law. Sourcewell may reject proposals that are marked confidential or nonpublic, either substantially or in their entirety.
Sourcewell will not consider the prices submitted by the proposer to be confidential, proprietary, or trade secret materials. Financial information, including financial statements, provided by a proposer is not considered trade secret under the statutory definition. #2..
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7/28/2022
Addendum No. 1
Solicitation Number: RFP 091422
Solicitation Name: Facility MRO, Industrial, and Building-Related Supplies and Equipment
Consider the following Question and Answer to be part of the above-titled solicitation documents. The remainder of the documents remain unchanged.
Question 1:
Will you accept a link to our website for products and pricing in lieu of submitting a catalog?
Answer 1:
In the competitive process, Sourcewell will not advise a proposer on the content of the proposal. It is left to the discretion of each proposer to determine how to best articulate its offering of equipment, products, and services, and the pricing proposal aligned with its business methods, and satisfying all requirements of the RFP. Proposals will be evaluated based on the criteria stated in the RFP.
End of Addendum
Acknowledgement of this Addendum to RFP 091422 posted to the Sourcewell Procurement Portal on 7/28/2022, is required at the time of proposal submittal. #2..
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7/29/2022
Addendum No. 2
Solicitation Number: RFP 091422
Solicitation Name: Facility MRO, Industrial, and Building-Related Supplies and Equipment
Consider the following Questions and Answers to be part of the above-titled solicitation documents. The remainder of the documents remain unchanged.
Question 1:
Is there a list of items to quote with quantities and equivalents that are accepted? Answer 1:
Sourcewell utilizes a competitive, solutions-based solicitation approach that is not based on detailed specifications or finite quantities for our cooperative contract awards. A proposer can propose its entire line of equipment, products, and services falling within the scope of the RFP. Section II. B. of the RFP addresses the Requested Equipment, Products, or Services for this solicitation.
Question 2:
How long is the awarded contract?
Answer 2:
Refer to RFP Section II. D. – Anticipated Contract Term for information on the term of the contract.
Question 3:
Do you expect firm pricing? If yes, for how long?
Answer 3:
In the competitive process, Sourcewell will not advise a proposer on the content of the proposal. So, each proposer, in its discretion, will determine and propose the pricing approach that aligns with their business methods and satisfies all the requirements of #2..
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RFP Article III - Pricing. Proposals are evaluated based on the criteria stated in the RFP.
Refer also to the Sourcewell contract template, Section 4 – Product and Pricing Change Requests, for additional detail on the process by which an awarded supplier may request a pricing modification during the contract term.
End of Addendum
Acknowledgement of this Addendum to RFP 091422 posted to the Sourcewell Procurement Portal on 7/29/2022, is required at the time of proposal submittal. #2..
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8/01/2022
Addendum No. 3
Solicitation Number: RFP 091422
Solicitation Name: Facility MRO, Industrial, and Building-Related Supplies and Equipment
Consider the following Question and Answer to be part of the above-titled solicitation documents. The remainder of the documents remain unchanged.
Question 1:
Is there a current contract for Facility MRO, Industrial, and Building-Related Supplies and Equipment? If so, how can I review?
Answer 1:
Currently active contracts offering similar solutions were awarded under Sourcewell RFP #121218. Sourcewell maintains a list of current contract awards on the “Suppliers & Contracts” page of the Sourcewell website [https://www.sourcewell-mn.gov/contractsearch]. By using the search function, with the 6-digit RFP number, a list of awarded contract suppliers and documentation can be displayed.
End of Addendum
Acknowledgement of this Addendum to RFP 091422 posted to the Sourcewell Procurement Portal on 8/01/2022, is required at the time of proposal submittal. #2..
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8/17/2022
Addendum No. 4
Solicitation Number: RFP 091422
Solicitation Name: Facility MRO, Industrial, and Building-Related Supplies and Equipment
Consider the following Questions and Answers to be part of the above-titled solicitation documents. The remainder of the documents remain unchanged.
Question 1:
How many contracts will be awarded?
Answer 1:
Refer to RFP Section VI. A. – Evaluation. It is the intent of Sourcewell to award one or more contracts to responsive and responsible proposers offering the best overall quality, selection of equipment, products, and services, and price that meet the commonly requested specifications of Sourcewell and its Participating Entities. The award(s) will be limited to the number of proposers that Sourcewell determines is necessary to meet the needs of its Participating Entities. The factors used by Sourcewell in the award determination are set forth in the RFP.
Question 2:
The RFP says this solicitation does not include equipment, products, or services covered under categories included in contracts currently maintained by Sourcewell, then lists several existing contracts. Are those all of the categories that are excluded or just a representative sample of excluded categories?
Answer 2:
RFP Section II. B. 3 is a comprehensive list of currently maintained contract categories that are not included in RFP #091422 - Facility MRO, Industrial, and Building-Related Supplies and Equipment.
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End of Addendum
Acknowledgement of this Addendum to RFP 091422 posted to the Sourcewell Procurement Portal on 8/17/2022, is required at the time of proposal submittal. #2..
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8/24/2022
Addendum No. 5
Solicitation Number: RFP 091422
Solicitation Name: Facility MRO, Industrial, and Building-Related Supplies and Equipment
Consider the following Question and Answer to be part of the above-titled solicitation documents. The remainder of the documents remain unchanged.
Question 1:
Section II Solicitation Details B.3., provides a list of equipment, products, or services covered under categories included in contracts currently maintained by Sourcewell that are not included in the solicitation. MRO is a very broad category, encompassing numerous and varied product lines. Will Sourcewell consider amending this RFP to allow for a full catalog contract offering, for evaluation and award purposes? Answer 1:
Each proposer, in its discretion, will propose the equipment, products, and services that it deems to fall within Sourcewell’s requested equipment, products, and services as described in RFP Section II. B. Those products within the scope of the RFP will be included in any contract awarded by Sourcewell as a result of this solicitation. Proposals are evaluated based on the criteria stated in the RFP.
End of Addendum
Acknowledgement of this Addendum to RFP 091422 posted to the Sourcewell Procurement Portal on 8/24/2022, is required at the time of proposal submittal. #2..
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CITY OF MODESTO
COMMITTEE AGENDA REPORT
DATE OF MEETING:
April 8, 2024
Date: March 18, 2024
TO: Economic Development Committee
Chris Ricci, Chair
Eric Alvarez, Vice-Chair
Sue Zwahlen, Member
THROUGH: Joseph P. Lopez, City Manager
FROM: William Wong, Director of Utilities
SUBJECT: Agreement with East Bay Municipal Utility District for Disposal of Non-Hazardous Brine Waste
CONTACT: Jeremy Parnell, (Acting) Water Division Manager, [email protected] , 209-342-4599
DESCRIPTION:
Consider an Agreement with East Bay Municipal Utility District (EBMUD), Oakland, CA for the disposal of non-hazardous brine waste for a total amount not to exceed $534,000 over five years and forwarding to Council for approval. (Funding Source: Water Fund) STRATEGIC PLAN ELEMENT:
The recommended action supports the City’s 2020-2025 Strategic Plan Initiatives, Goal D:
Provide safe, efficient, and reliable infrastructure through proactive community investment, maintenance, and sustainability efforts.
BACKGROUND:
The City operates a water treatment facility in the community of Grayson and this facility provides safe and reliable drinking water for residents and requires non-hazardous brine waste disposal services. Utilities Department - Water Division staff must treat the well water in Grayson for naturally occurring high nitrates and must dispose of the gray water that is produced by this treatment system to meet State Water Resources Control Board regulations.
Brine waste has been delivered to East Bay Municipal Utility District (EBMUD) since initial operations of this treatment plant in 2007. The City’s wastewater treatment plant permit does not allow the disposal of brine waste at its facility.
On June 11, 2019, by Resolution No. 2019-266, Council approved a sole source agreement with East Bay Municipal Utility District for an annual cost not to exceed $66,150, with an annual increase of $0.01 per gallon annually, and a 15% contingency for potential increases for a total not to exceed $489,037.
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Economic Development Committee, April 8, 2024
Agreement with East Bay Municipal Utility for Disposal of Non-Hazardous Brine Waste
On October 8, 2019, by Resolution No. 2019-459, Council approved an increase to the Purchasing Agreement with East Bay Municipal Utility District by $72,387 from $489,038 to a new total amount of $561,425.
The current agreement with East Bay Municipal Utility District (EBMUD), Agreement #162136 expires on July 31, 2024.
DISCUSSION:
The City of Modesto operates two wells at a water treatment facility in the community of Grayson, CA. This facility is the only source of clean potable drinking water for Grayson and is therefore required to always be operational. The State Water Resources Control Board requires City staff to treat the water from Wells 274 and 295 for nitrates and dispose of the nonhazardous brine waste produced during the treatment process. This type of waste must be disposed of at a qualified wastewater treatment facility and East Bay Municipal Utility District is the only facility in the surrounding area that will accept non-hazardous brine waste.
Modesto Municipal Code Section 8-3.23 generally requires all purchases which meet or exceed $100,000 for material, equipment, or contractual services to follow formal bid procedures.
However, exceptions to the formal bidding process are granted in MMC 8-3.204(b) “Where the Purchasing Agency’s requirements can be met solely be a single article or process.” East Bay Municipal Utility District is the only wastewater treatment facility in the surrounding area that will accept non-hazardous brine waste should be exempt from the formal bidding procedures in accordance with Modesto Municipal Code 8-3.204. Therefore, staff recommends the disposal of non-hazardous brine waste to East Bay Municipal Utility District.
FISCAL IMPACT:
Expenditures for the current disposal of non-hazardous brine waste with East Bay Municipal Utility District are listed below:
PREVIOUS AGREEMENT EXPENDITURES:
Contract Year Total
Contract Year 1 $ 56,396
Contract Year 2 $ 70,310
Contract Year 3 $ 68,540
Contract Year 4 $ 48,445
Contract Year 5 - YTD $ 24,255
Grand Total $267,946
The anticipated cost of $534,000 will be absorbed within the current Utilities Department, Water Fund, 4100-45050-53300 current operating Fiscal Year 2023-24 budget and Proposed Fiscal Year 2024-25 budget.
ESTIMATED AGREEMENT EXPENDITURES:
East Bay Municipal Utility District Resource Recovery rates remained stationary during calendar years 2021 and 2022 at $.06 cents/gallon for 50,001 – 100,000 mg/L Total Dissolved Solids (TDS). Effective July 1, 2023, disposal rates have the potential to increase up to $.11 cents/gallon with a current rate of $.07 cents/gallon. Should the brine waste exceed 100,000 mg/L TDS, the rate can increase to $.13 cents/gallon, which has been included in the 15% #3..
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Economic Development Committee, April 8, 2024
Agreement with East Bay Municipal Utility for Disposal of Non-Hazardous Brine Waste
contingency. The Water Division is requesting an increase of $.01 cent per year to stay on trend with rate increases.
Vendor
Annual #
of loads
Annual #
of Gallons
Disposal price
per Gallon
Disposal
Cost
EBMUD 150 925,000 $ 0.08 $ 74,000
EBMUD 150 925,000 $ 0.09 $ 83,250
EBMUD 150 925,000 $ 0.10 $ 92,500
EBMUD 150 925,000 $ 0.11 $ 101,750
EBMUD 150 925,000 $ 0.12 $ 111,000
$ 462,500
Annual Permit Fee: $400.00 X 5 years = $2,000 $ 2,000
15% Contingency $ 69,375
Grand Total (Rounded) $ 534,000
RECOMMENDED COMMITTEE ACTION:
Staff Recommendations:
Motion recommending the Agreement with East Bay Municipal Utility District (EBMUD), Oakland, CA for the disposal of non-hazardous brine for a two-year Agreement with three oneyear extension options for a total amount not to exceed $534,000 over five years; and forwarding to Council for approval.
Approved by:
William S. Wong, Director of Utilities
Joseph P. Lopez, City Manager
Attachments:
1. EBMUD Resource Recovery Agreement Application
2. Fully Executed Bid Waiver with Justification
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CITY OF MODESTO
COMMITTEE AGENDA REPORT
DATE OF MEETING:
April 8, 2024
Date: March 6, 2024
TO: Economic Development Committee
Chris Ricci, Chair
Eric Alvarez, Vice-Chair
Sue Zwahlen, Member
THROUGH: Joseph P. Lopez, City Manager
FROM: William Wong, Director of Utilities
SUBJECT: Spencer/Marshall Neighborhood Sewer Improvements Pocket Area 7, Phases 1 & 2
CONTACT: Jim Alves, Senior Civil Engineer, [email protected], 209-571-5557 DESCRIPTION:
Consider the Spencer/Marshall Neighborhood Sewer Improvements Pocket Area 7, Phases 1 & 2 as complete, the annexing of the improvements into Modesto Municipal Sewer District No. 1, and a blanket Will Serve Letter and forwarding to Council for approval. (Funding Source:
Wastewater Fund)
STRATEGIC PLAN ELEMENT:
The recommended action supports the 2020-2025 City of Modesto Strategic Plan Initiatives, Goal D: Provide safe, efficient, and reliable infrastructure through proactive community investment, maintenance, and sustainability efforts.
BACKGROUND:
The Spencer/Marshall Neighborhood is an unincorporated disadvantaged community located on the southwest side of the City of Modesto with 114 Parcels that rely on individual septic systems for the treatment of sewage. Septic system failures pose a threat to public health and groundwater quality. The City owns and operates a sanitary sewer system adjacent to the Spencer/Marshall Neighborhood and has the capacity to provide sewer services to this neighborhood.
The Stanislaus County (County) Board of Supervisors approved the prioritization model for the allocation of federal Housing and Urban Development (HUD) Community Development Block Grant (CDBG) funds to provide design support services for the sewer system improvements.
On September 3, 2019, by Resolution No. 2019-398, Council approved an Agreement with the County for City engineering staff to provide engineering design support services during construction of the Spencer/Marshall Neighborhood Sewer Project. The Agreement provides #4..
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Economic Development Committee, April 8, 2024
Spencer/Marshall Neighborhood Sewer Improvements
Pocket Area 7, Phases 1 & 2
conditions for the County to transfer ownership of sewer improvements upon Notice of Completion filed by the County and upon inspection and approval by the City. The Agreement also required the County Public Works Department to construct the Spencer/Marshall Neighborhood sewer improvements to the City’s standards.
On March 6, 1979, the voters enacted Measure A, the “Citizens’ Advisory Growth Management Act,” which requires the City Council to hold an advisory vote of the citizens of Modesto prior to extending sewer trunk lines to areas outside of the current sewer service area. Measure A allows Modesto’s citizens to voice their opinions on growth before it happens and ensures that City Council members know the public opinion.
On November 4, 1997, the voters enacted Measure M, the “Modesto Citizens' Advisory Growth Management Act of 1995". The purpose of Measure M is to extend the advisory votes required by Measure A to all sewer improvements and to bring the public's voice into decisions concerning whether to allow urban expansion.
On November 2, 2015, Measure H, was presented to voters for an advisory vote on extending sewer services to various unincorporated areas including the Spencer/Marshall Neighborhood.
The voters approved the advisory measure.
DISCUSSION:
The Spencer/Marshall Neighborhood Sewer Project area is bordered by the Modesto Irrigation District Lateral 5 irrigation canal to the west, South Martin Luther King Jr. Drive to the east, Maze Boulevard to the north, and California Avenue to the south.
Phase 1 & 2 improvements have been completed and are ready to be serviced by the City. Being within an outlying service area, these improvements will be annexed into the Modesto Municipal Sewer District No. 1. To expedite the connection process, staff is requesting that Council approve a blanket Will Serve Letter for the 44 parcels located within Phase 1 & 2 of the Project. Each property owner will be required to enter into an Outside Service Agreement as a condition of signing up to receive City sewer services.
The County is currently applying for grant funds to construct the remaining phases of the Spencer/Marshall Neighborhood Sewer Project which will serve an additional 70 parcels for a total of 114 parcels in the defined Spencer/Marshal Neighborhood. As additional phases of construction are completed, staff will return to Council to request acceptance of improvements and approval of additional blanket Will Serve Letters.
FISCAL IMPACT:
This project will increase the Wastewater Collection Division’s area of sewer piping and manhole maintenance, as well as provide additional flows for wastewater treatment. The additional operating costs associated with these improvements will be offset through revenue received from the initial connection fees and monthly service fees as City sewer services are established for the 44 parcels.
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Economic Development Committee, April 8, 2024
Spencer/Marshall Neighborhood Sewer Improvements
Pocket Area 7, Phases 1 & 2
Based on the current fees schedule and the Agreement between the City and County, estimated revenue is as follows:
Connection Fees $160,168
Annual Revenue $20,940
CEQA/NEPA REQUIREMENTS:
A Notice of Determination was filed with the Stanislaus County Clerk Recorder’s Office pursuant to Public Resources Code Section 21152, and CEQA Guidelines Section 15075.
RECOMMENDED COMMITTEE ACTION:
Staff Recommendations:
Motion recommending the acceptance of the Spencer/Marshall Neighborhood Sewer Improvements, Pocket Area 7, Phases 1 & 2 as complete, annexing the improvements into Modesto Municipal Sewer District No. 1 and forwarding to Council for approval.
Motion recommending a blanket Will Serve Letter for the 44 parcels located in the Spencer/Marshall Neighborhood Sewer Improvements, Pocket Area 7, Phases 1 & 2, allowing connection to the City of Modesto’s Sanitary Sewer System, and forwarding to Council for approval.
Approved by:
William Wong, Director of Utilities
Joseph P. Lopez, City Manager
Attachments:
1. West Modesto Sewer Infrastructure Project Spencer/Marshall Neighborhood Agreement
2. West Modesto Sewer Infrastructure Project Area Map
3. Spencer Marshall Parcels List and Estimated Fees
4. Sewer Service Will Serve Letter
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WEST MODESTO SEWER INFRASTRUCTURE PROJECT
SPENCER/MARSHALL NEIGHBORHOOD
AGREEMENT
This Agreement (“Agreement”) is entere, intp betwpen City of Modesto (“City”) and Stanislaus County (“County”) as of ‘E12O19 (“Effective Date”). (The City and County are collectively referred to herein as “The Parties”.)
RECITALS
WHEREAS, the Spencer/Marshall Community (County Area 7) is. an unincorporated, disadvantaged community located on the west side side of the City of Modesto with approximately 114, primarily residential, parcels that rely on septic systems for treatment of sewage (“Spencer/Marshall Community”);and WHEREAS, the Spencer/Marshall Community’s septic systems are failing and pose a threat to the public health and ground water; and WHEREAS, City owns and operates a sanitary sewer system adjacent to Spencer/Marshall Community and is willing to provide sewer services to theSpencer/Marshall Community; and WHEREAS, the County will prepare preliminary plans for the construction of a sanitary sewer system for the Spencer/Marshall Community (the “West Modesto — County Area 7 Sewer Infrastructure Project” or the “Project”), which will be connected to the City of Modesto’s sewer system; and
WHEREAS, prior to Project’s construction, the City will review and approve Project plans and specifications; and
WHEREAS, County will submit a grant application to the State Water Resources Control Board (“SWRCB”) for financing through the Clean Water State Revolving Fund and will enter into a “Grant Agreement” for funding necessary to construct Project Improvements (the “Grant”); and
WHEREAS, the terms of the Grant require certain continuing obligations with respect to the Project; and
WHEREAS, this Agreement is contingent upon County’s ability to secure appropriate funding for the construction of this project; and #4..
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WHEREAS, the Parties have agreed that upon completion of the project the County will transfer ownership of the Project to the City and the City will maintain and operate the Project; and
NOW THEREFORE, the parties agree as follows:
AGREEMENT
1. Recitals. The above Recitals and are incorporated hereto as though fully set forth herein.
2. Scope of Work. The Parties agree that the construction of the Project improvements will conform to the plans and specifications approved by the County and the City. County will be the official Construction Manager for this project. However, the Parties will jointly inspect the construction of the Project.
3. City’s Responsibilities. City will inspect the Project during construction for conformance with the plans and specifications and for conformance with City standards. The scope of City’s services consists of:
a. During the design phase, the City will review Project plans, specifications, flow calculation connection fees and other project related materials. The Citywill coordinate plan review process with various relevant City departments and staff. The City shall facilitate Project’s design by ensuring that the proposed City water improvements do not conflict with proposed projectimprovements. If any potential conflicts are identified during plan reviewprocess, the City shall immediately inform the County and assist the County with designing appropriate solution.
b. As necessary, City will supply to the County various information or documentation required for the Grant application.
c. Construction Inspection: City and County shall jointly inspect the construction of project improvements. City’s inspections will focus on theconstruction of the sewer system and associated facilities. d. Upon Project’s completion, on annual basis the City will provide the County with a count of parcels that have connected to the constructed project improvements.
4. County’s Responsibilities. County shall be responsible for all phases of project design. Prior to Project’s construction, the County will allow the City to review improvements plans and related documents. Upon completion of final design, theCounty will advertise the Project, conduct bid opening, award constructioncontract, and manage construction of project improvements. #4..
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5. County’s Costs. County will design and construct the Project at no cost to the City.
6. City’s Costs. County will reimburse City for “Construction Inspection” services described above. The City has estimated the total cost for the above-mentioned services to be $48,966.
7. City Acceptance of the Proiect. Once Project is constructed, County will file a Notice of Completion and submit a copy to the City. Within 60 days of the completion of the final inspection of the Project, City shall accept the County’s transfer of ownership of the Project improvements.
8. Connection Fees. Upon completion of the improvements, County will pre-pay the sewer connection fees for approximately 114 parcels as detailed in Attachment A.
The actual number of parcels serviced by this project is contingent on the Grant amount. The total estimated connection fees for the Project are shown in Attachment A and are estimated to be $408,330. This amount will satisfy all connection fees related to the 114 parcels, including the sewer sub-trunk fee, the Waste Water Capacity Charge (WWCC) and the Outside Service Agreement fee. By entering into this agreement, the City acknowledges that information in the Attachment A has been reviewed to City’s satisfaction and the total estimate shown above is consistent with the latest City requirements and charges. City shall verify information shown in the Attachment A and provide County with any creditsfor non-residential parcels. The actual pre-payment amount for the total connection fees shall be based on the actual numbers of parcels served with sanitary sewer. For the purposes of this agreement, the sewer connection fee rates shall be considered adopted by the City Council and are as shown in the Attachment A.
9. Grant Eligibility. The City certified that sewer service rates for Project’s community are at least 2.0% of the Project’s community median household income.
10. Project Access. The Parties agree to ensure that the SWRCB, the Governor of the State, or any authorized representative of the foregoing, will have safe andsuitable access to the Project site at all reasonable times during Project construction and thereafter for the term of the County’s Obligation under theGrant. The Parties acknowledge that, except for a subset of archeological records, the Project records and locations are public records, including all of the submission accompanying the application, all of the following documents, and all reports,disbursement requests, and supporting documentation submitted under the Grant:
a. The Project improvement plans and specifications, which are the basis for the construction contract to be awarded by the County.
b. Waste Discharge Requirement Order No. R-5-2017-0064. #4..
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11. Project Completion; Initiation of Operation. Upon Completion of Construction of the Project, the City agrees to expeditiously initiate System Operations.
12. Continuous Use of Project: Lease or Disposal of Project. The City agrees that, except as provided in the Grant, it will not abandon, substantially discontinue use of, lease, or dispose of the Project or any significant part or portion thereof during the useful life of the Project without prior written approval of the State Water Board. Such approval may be conditioned as determined to be appropriate by the State Water Board.
13. As Needed Reports. The Parties agree to expeditiously provide, during the term of Grant, such reports, data, and information as may be reasonably required by the State Water Board, including but not limited to material necessary or appropriate for evaluation of the State Water Pollution Control Revolving Fund Small Community Grant Fund Program or to fulfill any reporting requirements of the federal government.
14. As Needed Records. The Parties agree, during the term of Grant, to establish such accounts and maintain such records as may be necessary for the State to fulfill federal reporting requirements, including any and all reporting requirements under federal tax statutes or regulations.
15. Keeping of Records. The Parties shall maintain separate books, records and other material relative to the Project. The Parties shall also retain such books, records, and other material for themselves and for each contractor or subcontractor who performed work on this project for a minimum of thirty-six (36) years after Project Completion. The Parties shall require that such books, records, and other material be subject at all reasonable times (at a minimum during normal business hours) toinspection, copying, and audit by the SWRCB, the Bureau of State Audits, the Governor, or any authorized representatives of the aforementioned, and shall allow interviews during normal business hours of any employees who might reasonably have information related to such records. The Parties agree to include a similar right regarding audit, interviews, and records retention in anysubcontract related to the performance of this Grant. The provisions of this sectionshall survive the term of this Agreement.
16. Audit. (a) The SWRCB, at its option, may call for an audit of financial information relative to the Project, where the SWRCB determines that an audit is desirable to assure program integrity or where such an audit becomes necessary because of federal requirements. Where such an audit is called for, the audit shall be performed by a certified public accountant independent of the audited Party and at the shared cost of the Parties. The audit shall be in the form required by the #4..
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SWRCB; (b) Audit disallowances will be paid by the responsible party and returned to the SWRCB.
17. Accounting and Auditing Standards. The County and City will maintain separate Project accounts in accordance with generally accepted accounting principles. The City shall comply with “Standards for Audit of Governmental Organizations, Programs, Activities and Functions” promulgated by the U.S. General Accounting Office. (40 CFR § 35.3135, subd. (I).)
18. No Sale, Lease or Private Operation of the Project. The City will not sell or otherwise disposed of, in whole or in part, any portion of the Project to any personwho is not a Governmental Unit during its useful life. The Project will not be leased to any person or entity that is not a Governmental Unit during its useful life. The City will not enter any contract or arrangement or cause or permit any contract or arrangement to be entered (to the extent of its reasonable control) with persons or entities that are not Governmental Units if that contract or arrangement wouldconfer on such persons or entities any right to use the Project on a basis different from the right of members of the general public. The contracts or arrangements contemplated by the preceding sentence include but are not limited to management contracts, take or pay contracts or put or pay contracts, and capacity guarantee contracts. The economic useful life of the Project, commencing at Project Completion, is at least thirty years.
19. Indemnity.
a. Each Party mutually agrees, pursuant to Government Code section 894.5, to indemnify, hold harmless, and defend the other Party, its boards and commissions, officers, agents, employees, and volunteers (collectively, the “indemnified Parties”) in an amount equal to its proportionate share ofliability on a comparative fault basis. This indemnity obligation shall exist with respect to any claim, loss, liability, damage, lawsuit, cost or expense that arises out of, or is any way related to, the performance of services pursuant to this Agreement. This indemnity obligation extends, without limitation, to any injury, death, loss, or damage which occurs in the performance of the Agreement and that is sustained by a third-party, agent, or contractor of a Party. Each Party executing this Agreement certifies that it has adequate selfinsured retention of funds to meet any obligation arising from this Agreement, and it shall continue to maintain such funds throughout theTerm of this Agreement. Notwithstanding the foregoing, nothing herein shall be construed to require any Party to indemnify any other Party from any claim arising from the sole negligence or willful misconduct of another Party.
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insurance policies are applicable. Any policy limits shall not act as a limitation upon the amount of indemnification to be provided.
b. At its sole discretion, the indemnified Party may participate at its own expense in the defense of any claim, action or proceeding, but such participation shall not relieve the indemnitor of any obligation imposed by this Agreement. The Parties shall notify each other promptly of any claim, action or proceeding and cooperate fully in the defense. The Parties agree todefend themselves from any claim, action or proceeding arising out of the concurrent acts or omissions of each Party. In such cases, the Parties agree to retain their own legal counsel, bear their own defense costs, and waive their right to seek reimbursement of such costs. Where a trial verdict or arbitration award allocates or determines the comparative fault of the Parties, the Parties may seek reimbursement and/or reallocation of defense costs, settlement payments, judgments and awards, consistent with such comparative fault. The provisions of this section shall survive the termination of this Agreement.
20. Amendments. This Agreement may be amended or provisions contained herein may be altered, changed, or amended for the Project only by mutual written agreement signed and approved by the respective approving authorities of City and County. No oral understanding or agreement, not incorporated herein, shall be binding on any of the parties hereto.
21. Notices. Any notice which may be required under this Agreement shall be in writing and shall be given by personal service, first-class mail, certified or registered mail return receipt requested, or overnight delivery to the addresses set forth below:
Stanislaus County: City of Modesto:
David Leamon, Director William Wong, Director
Department of Public Works Utilities Department
1716 Morgan Road 1010 10th Street, Suite 4500Modesto CA 95358 Modesto, California 95354 All notices and other communications shall be deemed communicated as of actual receipt or after the second business day after the notice has been dispatched. The parties may change their respective address by giving notice ofsuch change to the other party in the manner provided in this Section.
22. Necessary Documents. As may become necessary for the construction and delivery of the Project, through City and County cooperation, the StanislausCounty Director of Public Works and City’s Authorized Representative areauthorized to administer and execute, by mutual written consent, all documents #4..
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necessary to complete the Project, provided that such actions do not exceed the authority of this Agreement.
23. Enforceable Provisions. Should any of this Agreement be determined to be unenforceable, invalid, or beyond the authority of either of the Parties to enter and carry out, such determination shall not affect the validity of the remainder of this Agreement, which shall continue in full force and effect; provided that the remainder of this Agreement can, absent the excised portion, be reasonably interpreted to give effect to the intentions of the Parties.
24. Termination. This Agreement may be terminated only by mutual written agreement signed and approved by the respective approving authorities of City and County.
25. Counterpart. This Agreement may be executed and delivered in any number of counterparts, each of which so executed and delivered shall be deemed to be an original and all of which shall constitute one and the same instrument. [SIGNATURES ON FOLLOWING PAGE]
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IN WITNESS WHEREOF, the City of Modesto, a municipal corporation, has authorized the execution of this Agreement in duplicate by its City Manaer andattestation by its City Clerk under authority of,Resolution No. oi’1- adopted by the Council of the City of Modesto on the
day of
2019, and County has
authorized the execution of this Agreement in duplicate by the Director of the Department of Public Works under authority of Resolution No. 2019—0485 ,adopted by the Board of Supervisors of Stanislaus County on the 30th day of July ,2019.
CITY OF MODESTO
a municipal corporation
By:
ios9Lopez
CiManager
COUNTY OF STANISLAUS
a political subdivision of the
Terrance Withrow
Chairman of the Board of Supervisors
ATTEST:
ATTEST:
Elizabeth A. King
Clerk of the Board of Supervisors of the
County of Stanislaus, State of California
By:Dep Clerk
David Leamon
Director of Public Works
APPROVED AS TO FORM:
Adam U. Lindgren, City Attorney
Ju M. S
Cit’Attor1icy
APPROVED AS TO FORM:Thomas ,County Counsel
By: 1
Todd Jame
Deputy County Counsel
Stephanie Loi
City Clerk
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ATTACHMENT A
West Modesto Sewer
Spencer/Matshall Ave Community (County Area 7) Project
Estimated Connection Fees
Acres Sub- Use WWCC OSA Fee No. APN # Address (APN ÷ Dwellings Size Trunk Total Fees Code Fee* $211 1/2RW) Fee 1 030-004-002 113 SpencerAve 0.31 SF 1 4 $200 $2,643 $211 $3,054 2 030-004-003 121 SpencerAve 0.39 Vacant 1 4 $251 $2,643 $211 $3,1053 030-004-004 127 SpencerAve 1.20 Vacant 1 4 $775 $2,643 $211 $3,629 4 030-004-005 207 SpencerAve 1.68 SF 1 4 $1,083 $2,643 $211 $3,937 5 030-004-006 211 SpencerAve 0.19 SF 1 4 $124 $2,643 $211 $2,9786 030-004-007 215 SpencerAve 0.18 SF 1 4 $119 $2,643 $211 $2,973 7 030-004-008 221 SpencerAve 0.19 SF 1 4 $122 $2,643 $211 $2,976 8 030-004-009 227 Spencer Ave 1.39 MS 1 - 6 $895 $2,643 $211 $3,7499 030-004-010 301 SpencerAve 1.01 MS 5 6 $653 $10,755 $211 $11,619 10 030-004-013 323 SpencerAve 0.89 MF 2 6 $575 $4,302 $211 $5,08811 030-004-014 333 SpencerAve 0.87 SF 1 4 $559 $2,643 $211 $3,41312 030-004-015 337 SpencerAve 0.84 MS 1 6 $541 $2,643 $211 $3,39513 030-004-016 311 SpencerAve 0.88 SF 1 4 $569 $2,643 $211 $3,42314 030-004-017 319 SpencerAve 0.89 SF 1 4 $575 $2,643 $211 $3,42915 - 030-005-001 523 — Maze Blvd 1.82 MF 2 6 $1,172 $4,302 $211 $5,685 16 030-005-002 527 — Maze Blvd 0.23 SF 1 4 $148 $2,643 $211 $3,00217 030-005-003 531 — Maze Blvd 1.49 SF 1 - 4 $959 $2,643 $211 $3,81318 030-005-004 539 — MazeBlvd 1.49 SF 1 4 $963 $2,643 $211 $3,81719 030 005 005 541 —Maze Blvd 055 SF 1 4 $355 $2 643 $211 $3 209 20 030-005-006 545 — Maze Blvd 0.55 - SF - 1 4 $356 $2,643 $211 $3,21021 030-005-007 601 - Maze Blvd - 0.22 SF - 1 - 4 $141 - $2,643 $211 $2,99522 030-005-008 606 Maze Blvd 0.36 Vacant 1 4 $229 $2,643 $211 $3,083 23 030-005-009 114 SpencerAve 0.21 SF 1 4 $138 $2,643 $211 $2,99224 030-005-010 118 SpencerAve 0.22 SF 1 4 $141 $2,643 $211 $2,995 25 030-005-011 128 SpencerAve 0.95 SF 1 4 $610 $2,643 $211 $3,46426 030-005-012 204 SpencerAve 0.94 SF 1 - 4 $603 $2,643 $211 $3,45727 030-005-013 214 Spencer Ave - 0.50 SF 1 4 $321 $2,643 $211 $3,17528 030-005-014 220 Spencer Ave 0.47 SF - 1 -- 4 $304 $2,643 $211 $3,15829 030-005-015 226 SpencerAve 1.02 SF 1 4 $658 $2,643 $211 $3,51230 030-005-016 230 SpencerAve 3.80 MS 3 6 $2,448 $6,453 $211 $9,11231 030-005-017 304 SpencerAve 0.21 SF 1 4 $134 $2,643 $211 $2,98832 030-005-018 320 Spencer Ave 1.34 MS 1 6 $866 $2,643 $211 $3,720 33 030-005-020 611 Truman Ave 0.21 SF - 1 - 4 $138 -- $2,643 $211 $2,99234 030-005-021 617 Truman Ave - 0.45 SF 1 4 $291 $2,643 $211 $3,14535 030-005-022 326 SpencerAve 0.23 SF 1 4 $150 $2,643 $211 $3,00436 030-005-023 330 SpencerAve 0.32 SF 1 4 $205 $2,643 $211 $3,05937 030-005-024 603 Truman Ave 0.21 SF 1 4 $137 $2,643 $211 $2,991 38 030-005-026 533 Truman Ave 2.24 MS 1 6 $1,445 $2,643 $211 $4,29939 030-008-003 41S SpencerAve 1.53 MS 2 6 $987 $4,302 $211 $5,500 1 of 3
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ATTACHMENT A
West Modesto Sewer
Spencer/Matshall Ave Community (County Area 7) Project
Estimated Connection Fees
Acres Sub- Use WXAJCC OSA Fee No. APN Address (APN + Dwellings Size Trunk Total Fees — 1/2 RW) Code Fee Fee* $211
0.16 1.02
4041424344
45 46474849
50 515253545556575859
60616263
646566
67 68
69 70
7172
73 7475
7677
030-008-004030-008-005030-008-006030-008-015030-008-016 030-009-002030-009-003030-009-004030-009-005030-009-006 030-009-007
030-009-008030-009-009030-009-010030-009-011030-009-012030-009-013030-009-014030-009-015030-009-017 030-009-018030-009-019
030-009-020
030-009-021
030-009-022
030-009-023
030-009-024030-009-025
030-009-026
030-009-027030-009-028030-009-030030-009-031
030-009-032030-009-033030-009-034
030-009-035030-009-036
417
503511
409405
404408416
500504508
512516600604
608612616529617613
609
605601
517513509505
501
417
413401400404408412
418500
Spencer Ave SF 1
Spencer Ave - MS 4
Spencer Ave 1.01 MS 2SpencerAve 0.30 SF 1Spencer Ave 1.24 SF 1 Marshall Ave 0.30 SF 1
Marshall Ave 0.59 SF 1Marshall Ave 0.34 SF 1 -Marshall Ave 0.34 SF 1 Marshall Ave 0.33 SF 1
Marshall Ave 0.32 SF 1
Marshall Ave 0.32 SF IMarshall Ave 0.44 SF I
Marshall Ave 0.33 SF 1
Marshall Ave 0.34 SF 1Marshall Ave 0.34 SF 1Marshall Ave 0.33 SF 1Marshall Ave 0.35 SF 1 California Ave 1.69 Church 2
Marshall Ave 0.33 SF 1Marshall Ave 0.31 MS 3
Marshall Ave 0.31 SF 1Marshall Ave 0.31 SF 1Marshall Ave 0.31 SF 1Marshall Ave 0.32 SF 1Marshall Ave 0.40 MS 2 Marshall Ave 0.31 SF 1
Marshall Ave - 0.31 SF 1
Marshall Ave 0.32 MS 1Marshall Ave 0.29 SF 1
Marshall Ave 0.28 SF 1
Marshall Ave 0.41 SF 1
Spencer Ave 0.40 SF 1Spencer Ave 0.28 SF 1Spencer Ave 0.28 MS 1 Spencer Ave 0.28 MS 1
Spencer Ave 0.29 MS 2Spencer Ave 0.38 SF 1
46 6
44 444
444
4444
4 44
64644
44 644
6 444
4 4
66 6
$105
$655$654$191$798
$190$381$220
$220$210$209
$209$286$216$216
$216$216$224
$1,089
$213$203
$203
$203$203
$208$259$197$197
$206$190$178$266$257$178$178$178
$190$244
$2,643$8,604$4,302
$2,643$2,643
$2,643$2,643$2,643
$2,643$2,643$2,643$2,643$2,643$2,643$2,643$2,643
$2,643$2,643$4,302$2,643$6,453$2,643$2,643
$2,643
$2,643$4,302$2,643
$2,643
$2,643
$2,643 - $2,643$2,643$2,643$2,643$2,643$2,643
$4,302$2,643
$211$211$211$211$211
$211
$211$211$211$211$211$211$211
$211$211
$211$211$211$211$211
$211$211$211$211
$211$211$211
$211 - $211$211$211$211$211
$211$211$211
$211$211
$2,959$9,470$5,167
$3,045 - $3,652
$3,044
$3,235$3,074
$3,074$3,064$3,063$3,063$3,140
$3,070
$3,070$3,070
$3,070
$3,078$5,602$3,067$6,867$3,057$3,057
$3,057$3,062$4,772$3,051$3,051$3,060$3,044
$3,032
$3,120$3,111
$3,032
$3,032$3,032
$4,703$3,098
2 of 3
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ATTACHMENT A
West Modesto Sewer
Spencer/Matshall Ave Community (County Area 7) Project
Estimated Connection Fees
Acres Sub- Use WWCC OSA Fee No. APN # Address (APN + Dwellings Size Trunk Total Fees — Code Fee* $211 1/2RW) Fee 78 030-009-037 504 SpencerAve 0.29 SF 1 4 $188 $2,643 $211 $3,042 79 030-009-038 508 SpencerAve 0.29 SF 1 4 $188 $2,643 $211 $3,042 80 030-009-039 512 SpencerAve 0.29 SF 1 4 $188 $2,643 $211 $3,042 81 030-009-040 516 SpencerAve 0.41 SF 1 4 $262 $2,643 $211 $3,11682 030-009-041 600 SpencerAve 0.32 SF 1 4 $203 $2,643 $211 $3,05783 030-009-042 604 SpencerAve 0.31 SF 1 4 $203 $2,643 $211 $3,057 84 030-009-043 608 SpencerAve 0.31 SF 1 4 $203 $2,643 $211 $3,05785 030-009-044 612 SpencerAve 0.31 SF 1 4 $203 $2,643 $211 $3,057 86 030-009-045 616 SpencerAve 0.33 SF 1 4 $213 $2,643 $211 $3,067 87 030-009.046 700 SpencerAve 0.39 SF 1 4 $254 $2,643 $211 $3,108 88 030-009-047 704 SpencerAve 0.39 SF 1 4 $254 $2,643 $211 $3,10889 030-009-048 712 SpencerAve 0.39 SF 1 4 $254 $2,643 $211 $3,108 90 030-009-049 716 SpencerAve 0.56 SF 1 4 $361 $2,643 $211 $3,215 91 030-009-052 701 Marshall Ave 0.36 SF 1 4 $234 $2,643 $211 — $3,088 92 030-009-053 705 MarshallAve 0.36 SF 1 4 $234 $2,643 $211 $3,08893 030-009.054 607 CaliforniaAve 0.50 — SF 1 4 $325 $2,643 $211 $3,179 94 030-009-055 713 Marshall Ave 0.36 SF 1 4 $231 $2,643 $211 $3,085 95 030-009-056 409 Marshall Ave 0.28 SF 1 4 $178 $2,643 $211 $3,03296 030 009 057 405 Marshall Ave 028 SF 1 4 $178 $2643 $211 $3032 97 030-009-058 - 400W Marshall Ave 0.43 SF 1 4 $275 $2,643 $211 $3,12998 030-010-005 420 Spruce Street 0.20 SF 1 4 $132 $2,643 $211 $2,98699 030-010-006 422 Spruce Street 0.18 SF 1 4 $119 $2,643 $211 $2,973 100 030-010-007 426 Spruce Street 0.28 MS 2 6 $180 $4,302 $211 $4,693 101 030-010-008 428 Spruce Street 0.21 SF 1 4 $132 $2,643 $211 $2,986 102 030-010-009 430 Spruce Street 0.28 MS 3 6 $180 $6,453 $211 $6,844 103 030-010-013 433 Spruce Street 0.16 SF 1 4 $106 $2,643 $211 $2,960104 030-010-014 431 Spruce Street 0.16 SF 1 4 $106 $2,643 $211 $2,960 105 030-010-015 429 Spruce Street 0.16 SF 1 4 $106 $2,643 $211 $2,960106 030-010-016 427 Spruce Street 0.15 SF 1 - 4 $99 $2,643 $211 $2,953 107 030-010-017 425 Spruce Street 0.18 SF 1 4 $118 $2,643 $211 $2,972 108 030-010-018 423 Spruce Street 0.20 MF 4 6 $126 $8,604 $211 $8,941 109 030-010-019 413 Spruce Street 0.16 SF 1 4 $105 $2,643 $211 $2,959 110 030-010-021 401 Spruce Street 0.20 SF 1 4 $129 $2,643 $211 $2,983111 030-010-022 505 SMartinLutherKinDr 0.33 SF 1 4 $214 $2,643 $211 $3,068112 030-010-033 409 Spruce Street 0.17 SF 1 4 $107 $2,643 $211 $2,961 113 030-010-034 411 Spruce Street 0.17 SF 1 4 $107 $2,643 $211 $2,961114 030-010-036 414 Spruce Street 0.23 SF 1 4 $146 $2,643 $211 $3,000
59.28 138 114 $38,238 $346,038 $24,054 $408,330
*WWCC fee rate for Single Family (SF) = $2,643 4-inch service: 93 Assuming one service per APN, Sub-Trunk *WWCC fee rate for Multi Family (MF) = $2,151 6-inch service: 21 Fee was calculated using $645/Acre. 3 of 3
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Spencer-Marshall Phases 1&2 Sewer Project Area
Fb2024
14800
#4..
Spencer/Marshall Neighborhood (County Area 7) Sewer Project Phases 1 & 2 Sewer Services to Parcels list
Estimated Connection Fees1
No. APN # Address
Acres
(APN+1/2
ROW)
Use
Code Dwellings Size Sub-Trunk Fee WWCC Fee* OSA Fee $255 Total Fees Monthly Sewer Rates 1 030-005-021 617 Truman Ave 0.45 SF 1 4 $290 $2,643 $255 $3,188 $ 39.65 2 030-005-023 330 Spencer Ave 0.32 SF 1 4 $206 $2,643 $255 $3,104 $ 39.65 3 030-008-003 415 Spencer Ave 1.53 MS 2 6 $987 $4,302 $255 $5,544 $ 39.65 4 030-008-004 417 Spencer Ave 0.16 SF 1 4 $103 $2,643 $255 $3,001 $ 39.65 5 030-008-005 503 Spencer Ave 1.02 MS 4 6 $658 $8,604 $255 $9,517 $ 39.65 6 030-008-006 511 Spencer Ave 1.01 MS 2 6 $651 $4,302 $255 $5,208 $ 39.65 7 030-008-015 409 Spencer Ave 0.30 SF 1 4 $194 $2,643 $255 $3,092 $ 39.65 8 030-008-016 405 Spencer Ave 1.24 SF 1 4 $800 $2,643 $255 $3,698 $ 39.65 9 030-009-031 400 Spencer Ave 0.40 SF 1 4 $258 $2,643 $255 $3,156 $ 39.65 10 030-009-032 404 Spencer Ave 0.28 SF 1 4 $181 $2,643 $255 $3,079 $ 39.65 11 030-009-033 408 Spencer Ave 0.28 MS 1 6 $181 $2,643 $255 $3,079 $ 39.65 12 030-009-034 412 Spencer Ave 0.28 MS 1 6 $181 $2,643 $255 $3,079 $ 39.65 13 030-009-035 418 Spencer Ave 0.29 MS 2 6 $187 $4,302 $255 $4,744 $ 39.65 14 030-009-036 500 Spencer Ave 0.38 SF 1 4 $245 $2,643 $255 $3,143 $ 39.65 15 030-009-037 504 Spencer Ave 0.29 SF 1 4 $187 $2,643 $255 $3,085 $ 39.65 16 030-009-038 508 Spencer Ave 0.29 SF 1 4 $187 $2,643 $255 $3,085 $ 39.65 17 030-009-039 512 Spencer Ave 0.29 SF 1 4 $187 $2,643 $255 $3,085 $ 39.65 18 030-009-040 516 Spencer Ave 0.41 SF 1 4 $264 $2,643 $255 $3,162 $ 39.65 19 030-009-041 600 Spencer Ave 0.32 SF 1 4 $206 $2,643 $255 $3,104 $ 39.65 20 030-009-042 604 Spencer Ave 0.31 SF 1 4 $200 $2,643 $255 $3,098 $ 39.65 21 030-009-043 608 Spencer Ave 0.31 SF 1 4 $200 $2,643 $255 $3,098 $ 39.65 22 030-009-044 612 Spencer Ave 0.31 SF 1 4 $200 $2,643 $255 $3,098 $ 39.65 23 030-009-045 616 Spencer Ave 0.33 SF 1 4 $213 $2,643 $255 $3,111 $ 39.65 24 030-009-046 700 Spencer Ave 0.39 SF 1 4 $252 $2,643 $255 $3,150 $ 39.65 25 030-009-047 704 Spencer Ave 0.39 SF 1 4 $252 $2,643 $255 $3,150 $ 39.65 26 030-009-048 712 Spencer Ave 0.39 SF 1 4 $252 $2,643 $255 $3,150 $ 39.65 27 030-009-049 716 Spencer Ave 0.56 SF 1 4 $361 $2,643 $255 $3,259 $ 39.65 28 030-010-005 420 Spruce Atreet 0.20 SF 1 4 $129 $2,643 $255 $3,027 $ 39.65 29 030-010-006 422 Spruce Atreet 0.18 SF 1 4 $116 $2,643 $255 $3,014 $ 39.65 30 030-010-007 426 Spruce Atreet 0.28 MS 2 6 $181 $4,302 $255 $4,738 $ 39.65 31 030-010-008 428 Spruce Atreet 0.21 SF 1 4 $135 $2,643 $255 $3,033 $ 39.65 32 030-010-009 430 Spruce Atreet 0.28 MS 3 6 $181 $6,453 $255 $6,889 $ 39.65 33 030-010-013 433 Spruce Atreet 0.16 SF 1 4 $103 $2,643 $255 $3,001 $ 39.65 34 030-010-014 431 Spruce Atreet 0.16 SF 1 4 $103 $2,643 $255 $3,001 $ 39.65 35 030-010-015 429 Spruce Atreet 0.16 SF 1 4 $103 $2,643 $255 $3,001 $ 39.65 36 030-010-016 427 Spruce Atreet 0.15 SF 1 4 $97 $2,643 $255 $2,995 $ 39.65 37 030-010-017 425 Spruce Atreet 0.18 SF 1 4 $116 $2,643 $255 $3,014 $ 39.65 38 030-010-018 423 Spruce Atreet 0.20 MF 4 6 $129 $8,604 $255 $8,988 $ 39.65 39 030-010-019 413 Spruce Atreet 0.16 SF 1 4 $103 $2,643 $255 $3,001 $ 39.65 40 030-010-021 401 Spruce Atreet 0.20 SF 1 4 $129 $2,643 $255 $3,027 $ 39.65 41 030-010-033 409 Spruce Atreet 0.17 SF 1 4 $110 $2,643 $255 $3,008 $ 39.65 42 030-010-034 411 Spruce Atreet 0.17 SF 1 4 $110 $2,643 $255 $3,008 $ 39.65 43 030-010-036 414 Spruce Atreet 0.23 SF 1 4 $148 $2,643 $255 $3,046 $ 39.65 44 030-010-022 505 S Martin Luther King Dr 0.33 SF 1 4 $213 $2,643 $255 $3,111 $ 39.65 44 15.95 56 194 $10,288 $138,660 $11,220 $160,168 $1,745 35 9
1 Fees are an estimate based on current fees structure and City/County Agreement Assuming one service per APN, Sub-Trunk Fee was
calculated using $645/Acre.
*WWCC fee rate for Single Family (SF) = $2,643
*WWCC fee rate for Multi Family (MF) = $2,151
4-inch service:
6-inch service:
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Engineering Services
Department
Land Development Engineering
P.O. Box 642
Modesto, California 95354
209.342.4712
Modestogov.com Month Day, 2024
Ms. Angela Freitas, Director
Stanislaus County Planning
1010 10th Street, Suite 3400
Modesto, CA 95354
Subject: Sewer Service Will Serve Letter
Spencer/Marshall Neighborhood, County Pocket Area 7, Phases 1 & 2 Dear Ms. Freitas:
On Month Day, 2024, pursuant to Modesto City Council Resolution No. 2024-XXX the City of Modesto accepted the Spencer/Marshall Neighborhood Sewer Improvements - Pocket Area 7, Phases1 & 2 (Spencer/Marshall Neighborhood) as complete. The identified 44 parcels located in Stanislaus County will be allowed to make sewer connections to the newly installed sewer system to accommodate existing development, once all terms and conditions are met, as described below.
Pursuant to Government Code Section 56133 and LAFCO’s adopted rules and procedures for the review of out-of-boundary service extensions, the City’s request to extend sewer service to the Spencer/Marshall Neighborhood was approved by LAFCO on April 22, 2020. LAFCO’s outof-boundary sewer service approval covers the area generally bordered by Maze Boulevard (north), California Avenue (south), MID Lateral No. 5 (west), Helen White Trail (east), and including Spruce Street from Helen White Trail to South Martin Luther King Drive. County Pocket Area 7, Phases 1 & 2 covers the area generally bordered by Truman Avenue (north), California Avenue (south), MID Lateral No. 5 and Spencer Avenue (west), and including Spruce Street from Helen White Trail to South Martin Luther King Drive and is based on the following:
1. The property is located within primary area of the City of Modesto’s Sphere of Influence.
2. The Stanislaus County Public Works Department installed sewer infrastructure to 44 parcels (see attached list of addresses) in the Spencer/Marshall Neighborhood and individual laterals to each of the 44 parcels to connect those properties to the City of Modesto’s sewer system.
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3. Consistent with adopted LAFCO Policy 15, the extension of sewer service is proposed to remedy a health and safety concern in an area with failing septic system (Stanislaus County Planning and Community and Economic Development Department Resolution 2013-134)
4. The installation of the sewer service lines will upgrade the infrastructure in an unincorporated area, disadvantaged community and facilitate a later annexation.
5. The City of Modesto can and is willing to provide domestic sewer to the subject area.
The following items are specific LAFCO conditions:
6. This approval allows for the extension of sewer service to accommodate existing and future uses within the Spencer/Marshall Neighborhood only, as delineated on the attached map.
7. The City shall not allow additional sewer service connections outside the City limits and beyond the delineated Spencer/Marshall Neighborhood or any other area previously approved by LAFCO without first requesting and securing approval from the Commission.
8. Prior to the provision of sewer services, the landowner(s) shall record an agreement consenting to annex the property to the City of Modesto, and a copy of the agreement shall be forwarded to the LAFCO office.
In addition to the above requirements, the following items are City specific conditions:
9. Applicant will need to provide a copy of the Grant Deed for the property for the preparation of the outside service agreement.
10. Sewer demand requirements will not exceed what is considered normal for domestic and commercial sewage.
11. Design of the sewer connecting facilities shall be per City standards and all costs associated with its design, installation, and permits shall be borne by the property owner. #4..
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If you have any questions, please contact Eva Dankha-Kelly at (209) 571-5120.
Recommended by: ___________________________________
Eva Dankha-Kelly, Associate Engineer
Sincerely,
Joe Lopez
City Manager
Attachments:
1. List of Parcels
2. Map
cc: William Wong – Director of Utilities
Jim Alves – Utilities/Engineering
Robert Englent – Utilities/Wastewater
Duane Becker – Utilities/Wastewater
Kerrie Freeman – Stanislaus County/Public Works
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CITY OF MODESTO
COMMITTEE AGENDA REPORT
DATE OF MEETING:
April 8, 2024
Date: March 20, 2024
TO: Economic Development Committee
Chris Ricci, Chair
Eric Alvarez, Vice-Chair
Sue Zwahlen, Member
THROUGH: Joseph P. Lopez, City Manager
FROM: Toby Wells, Director of Engineering Services / City Engineer SUBJECT: Fourth Amendment to Construction Management Services Agreement for the State Route 132 West Freeway/Expressway - Phase 1 Project CONTACT: Toby Wells, Director of Engineering Services / City Engineer [email protected], 209-571-5542
DESCRIPTION:
Consider a Fourth Amendment to the Construction Management Services Agreement with WSP USA Inc. for the State Route 132 West Freeway/Expressway - Phase 1 Project, for a total amount not to exceed $13,289,933. (Funding Source: Streets Capital Facility Fees) STRATEGIC PLAN ELEMENT:
The recommended action is consistent with the City Council’s 2020-2025 Strategic Plan, Goal D Ensure Safe, Efficient, and Reliable Infrastructure.
BACKGROUND:
The purpose of the State Route 132 West Freeway/Expressway - Phase 1 Project (Project) is to improve regional and interregional circulation, relieve traffic congestion along existing State Route 132, and enhance safety and operations for the existing and proposed transportation network.
On June 25, 2019, by Resolution No. 2019-295, City Council approved an Agreement with WSP USA Inc. for Construction Management Services in the amount of $8,973,533, plus $897,353 in additional services, for a total amount of $9,870,886.
On September 28, 2021, by Resolution 2021-372, City Council approved the First Amendment to the Agreement with WSP USA Inc. for Construction Management Services in the amount of $1,721,080, plus $172,108 in additional services, for a total amount of $1,893,188. #5..
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Economic Development Committee, April 8, 2024
Fourth Amendment to Construction Management Services Agreement for the State Route 132 West Freeway/Expressway - Phase 1 Project
On August 23, 2022, by Resolution 2022-348, City Council approved the Second Amendment to the Agreement with WSP USA Inc. for Construction Management Services in the amount of $621,745, plus $62,175 in additional services, for a total amount of $683,920.
On February 14, 2023, by Resolution 2023-52, City Council approved the Third Amendment to the Agreement with WSP USA Inc. for Construction Management Services in the amount of $629,311, plus $62,931 in additional services, for a total amount of $692,242, for a total not to exceed $13,140,236.
DISCUSSION:
The primary construction work for the project has been deemed complete as of December 29, 2023. Although construction is complete the project closeout process has now just begun. In addition, the construction contract includes a plant establish period of three years which began in May of 2022. The plant establishment period is required by Caltrans for the plant material on the shoulders of the newly constructed roadway to be fully established and more mature before maintenance is turned over to Caltrans for ongoing maintenance. Therefore, ongoing plant establishment and maintenance will be required thru May 2025.
The Engineering Services Department, as well as other City Departments, have struggled to fill vacancies in the engineering field. As a result, staff has to rely on consultants to assist in the workload.
On March 20, 2024, WSP submitted a Fourth Amendment Request to the Construction Management Services Agreement in the amount of $149,697. To ensure continuous operations with the existing agreement, Section 3.1 has been revised to reflect continuity between the Third and this proposed Fourth Amendment. Staff recommends approving the Fourth Amendment to the Agreement with WSP USA Inc. to complete the scope of Construction Management Services for the Project.
FISCAL IMPACT:
The Project is supported by a complex matrix of funding sources; each having a variety of requirements and constraints. The Construction Management Service Agreement with WSP is funded through Regional Measure L Funds, which allows up to $9,870,886 in reimbursement.
This Fourth Amendment increases the agreement amount by $149,671, for a total not to exceed amount of $13,518,752, and will be funded with Streets Capital Facility Fees (CFF).
There are sufficient funds in the Streets CFF to support the amendment. Staff has reviewed other funding sources for the amendment, however, they are restricted to the construction contract for the project.
WSP CONSTRUCTION MANAGEMENT SERVICES AGREEMENT
Original Agreement, 6/25/2019 $8,973,533
First Additional Services Request $125,803
Second Additional Services Request $771,550
Contract w/Additional Services (Measure L) $9,870,886
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Economic Development Committee, April 8, 2024
Fourth Amendment to Construction Management Services Agreement for the State Route 132 West Freeway/Expressway - Phase 1 Project
First Amendment, 9/28/2021 $1,721,080
Additional Services $172,108
Amendment w/Additional Services (CFF) $1,893,188
Second Amendment, 8/23/2022 $621,745
Additional Services $62,175
Amendment w/Additional Services (CFF) $683,920
Third Amendment, 2/14/2023 $629,311
Additional Services, If Needed $62,931
Amendment w/Additional Services (CFF) $692,242
Proposed Fourth Amendment (CFF) $149,697
REVISED TOTAL AGREEMENT NOT TO EXCEED: $13,289,933
CEQA/NEPA REQUIREMENTS:
Caltrans has completed California Environmental Quality Act (CEQA) and National Environmental Policy Act (NEPA) review of the Project with approval of the document as part of the PA&ED Phase on March 9, 2018.
RECOMMENDED COMMITTEE ACTION:
Staff Recommendations:
Motion recommending a Fourth Amendment to the Construction Management Services Agreement with WSP USA Inc. for the State Route 132 West Freeway/Expressway - Phase 1 Project, increasing the Agreement amount by $149,697 from $13,140,236 for a total amount not to exceed $13,289,933, and forwarding to Council for approval.
Approved by:
_________________
Toby Wells, Director of Engineering Services/City Engineer Joseph P. Lopez, City Manager
Attachments:
1. WSP Fourth Amendment to Agreement for Construction Management Services
2. WSP Exhibits “C-4” and “D-4”
3. WSP Original Agreement for Construction Management Services
4. WSP First Amendment to Agreement for Construction Management Services
5. WSP Second Amendment to Agreement for Construction Management Services
6. WSP Third Amendment to Agreement for Construction Management Services #5..
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-1- City of Modesto
WSP USA Inc. Fourth Amendment State Route 132 West Freeway/Expressway - Phase 1 Project
FOURTH AMENDMENT TO AGREEMENT
FOR CONSTRUCTION MANAGEMENT SERVICES
FOR STATE ROUTE 132 WEST FREEWAY/EXPRESSWAY - PHASE 1 PROJECT This Fourth Amendment to Agreement for Construction Management Services is made with reference to the contractual agreement between the CITY OF MODESTO (“City”) and WSP USA INC., a New York corporation (“Consultant”), entered into by the parties on the 25th day of June, 2019, hereinafter referred to as “Original Agreement”.
This Fourth Amendment to the Original Agreement for Construction Management Services is made with regard to the following recitals:
A. Section 3.0 “COMPENSATION AND BILLING” of the Original Agreement authorized and specified a not to exceed amount of $9,870,886, inclusive of additional services, to Consultant for performing all services and furnishing all staffing and materials called for in Exhibit “A” under this Agreement.
B. On or about September 28, 2021, the parties entered into a First Amendment to the Original Agreement, revising the scope of services and increasing the compensation amount by $1,721,080, and attaching corresponding Exhibit “C-1 – Revised Project Schedule” and “Exhibit D-1 – Revised Fee Schedule”.
C. On or about August 23, 2022, the parties entered into a Second Amendment to the Original Agreement, revising the scope of services and increasing the compensation amount by $621,745, and attaching corresponding Exhibit “C-2 – Revised Project Schedule” and “Exhibit D-2 – Revised Fee Schedule”.
D. On or about February 14, 2023, the parties entered into a Third Amendment to the Original Agreement, revising the scope of services and increasing the #5..
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WSP USA Inc. Fourth Amendment State Route 132 West Freeway/Expressway - Phase 1 Project compensation amount by $629,311, and attaching corresponding Exhibit “C-3 – Revised Project Schedule” and “Exhibit D-3 – Revised Fee Schedule”.
D. On or about March 20, 2024, at the City’s request, Consultant submitted to City a budget augmentation for additional construction management services to increase the amount of the Original Agreement, as amended, by an additional $149,697. The budget augmentation is attached hereto as Exhibit “C-4 – Revised Project Schedule” and the further revised fee schedule is attached hereto as Exhibit “D-4 – Revised Fee Schedule.” NOW, THEREFORE, in consideration of this Fourth Amendment to Agreement, and the mutual promises, covenants, and stipulations contained in the Original Agreement for Construction Management Services and this Fourth Amendment to Agreement, the parties agree as follows:
1. The parties agree that each of the recitals set out above is factually true and correct.
2. Section 2.0 “CONTRACT DOCUMENTS” of the Original Agreement shall be deleted and parties agree to and hereby do substitute the following in its place:
“2.0 CONTRACT DOCUMENTS
Contract documents consist of the following documents, including all changes, addenda, and modifications thereto:
1. Agreement and all attachments
a. Exhibit A – Scope of Services
b. Exhibit B – Insurance Requirements
c. Exhibit C – Project Schedule
d. Exhibit C-1 – Revised Project Schedule
e. Exhibit C-2 – Revised Project Schedule
f. Exhibit C-3 – Revised Project Schedule
g. Exhibit C-4 – Revised Project Schedule
h. Exhibit D – Fee Schedule
i. Exhibit D-1 – Revised Fee Schedule
j. Exhibit D-2 – Revised Fee Schedule
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-3- City of Modesto
WSP USA Inc. Fourth Amendment State Route 132 West Freeway/Expressway - Phase 1 Project k. Exhibit D-3 – Revised Fee Schedule
l. Exhibit D-4 – Revised Fee Schedule
2. City’s Request for Proposal
3. Consultant’s Response”
3. Section 3.1 “Compensation” of the Original Agreement between the parties shall be deleted and the parties agree to and hereby do substitute the following in its place:
“3.1 Compensation: It is mutually understood between the parties that this Agreement may have been written before ascertaining the availability of funds or appropriation of funds, for the mutual benefit of both parties, in order to avoid program and fiscal delays that would occur if the Agreement were executed after that determination was made. Consultant and City agree that this Agreement is valid and enforceable only if sufficient funds are made available to the City and funding is approved by the governing body of the City.
Consultant shall be paid in accordance with the schedule set forth in Exhibit “D” (Fee Schedule), Exhibit “D-1 – Revised Fee Schedule”, Exhibit “D-2 – Revised Fee Schedule”, and “D-3 – Revised Fee Schedule”, attached hereto and made a part of this Agreement. In addition, Consultant shall be paid in accordance with the schedule set forth in Exhibit “D-4 – Revised Fee Schedule”.
Fee Schedule rates shall include all work and deliverables, including travel and equipment described in Exhibit “D”, Exhibit “D-1”, Exhibit “D-2”, Exhibit “D-3”, and Exhibit “D-4”, including direct salary costs, employee benefits, and overhead. The City may retain five percent of all periodic or progress payments made to the Consultant until completion and acceptance of all work tasks and City shall have right to withhold payment from Consultant for any unsatisfactory service until such time service is performed satisfactorily.
A. The method of payment for this contract will be based on actual cost plus fixed fee, unless otherwise indicated on Exhibit “D”, “D-1”, “D-2”, “D-3” or “D-4” of this Agreement. City will reimburse Consultant for actual costs (including labor costs, employee benefits, travel, equipment rental costs, overhead and other direct costs) incurred by Consultant in performance of the work.
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-4- City of Modesto
WSP USA Inc. Fourth Amendment State Route 132 West Freeway/Expressway - Phase 1 Project Consultant will not be reimbursed for actual costs that exceed the estimated wage rates, employee benefits, travel, equipment rental, overhead, and other estimated costs set forth in the approved Consultant’s Cost Proposal and Revised Cost
Proposal, unless additional reimbursement is provided for by Agreement amendment. In no event, will Consultant be
reimbursed for overhead costs at a rate that exceeds City’s approved overhead rate set forth in the Cost Proposal and Revised Cost Proposal.
In the event, that City determines that a change to the work from that specified in the Cost Proposal and Agreement is required, the Agreement time or actual costs reimbursable by the City shall be adjusted by Agreement amendment to
accommodate the changed work. The maximum total cost as specified in Paragraph “I” of this Article shall not be exceeded, unless authorized by Agreement amendment.
B. The indirect cost rate established for this Agreement is extended through the duration of this specific Agreement.
Consultant agreement to the extension of the 1-year applicable period shall not be a condition or qualification to be considered for the work or Agreement award.
C. In addition to the allowable incurred costs, the City will pay Consultant a fixed fee of $1,145,274.40. The fixed fee is nonadjustable for the term of the Agreement, except in the event of a significant change in the scope of work and such adjustment is made by Agreement amendment.
D. Reimbursement for transportation and subsistence costs shall not exceed the rates specified in the approved Cost Proposal and Revised Cost Proposal.
E. When milestone cost estimates are included in the approved Cost Proposal and Revised Cost Proposal, Consultant shall obtain prior written approval for a revised milestone cost estimate from the Contract Administrator before exceeding such cost estimate.
F. Progress payments will be made monthly in arrears based on services provided and allowable incurred costs. A pro rata portion of Consultant’s fixed fee will be included in the monthly progress payments. If Consultant fails to submit the required deliverable items according to the schedule set forth in Exhibit A, Article 3 Statement of Work, the City shall have the right to delay payment or terminate this Agreement.
G. No payment will be made prior to approval of any work, nor for any work performed prior to approval of this Agreement.
H. Consultant will be reimbursed promptly according to
California Regulations upon receipt by the City’s Contract Administrator of itemized invoices in duplicate. Invoices shall be submitted no later than thirty (30) calendar days after the #5..
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-5- City of Modesto
WSP USA Inc. Fourth Amendment State Route 132 West Freeway/Expressway - Phase 1 Project performance of work for which Consultant is billing. Invoices shall detail the work performed on each milestone and each project as applicable. Invoices shall follow the format stipulated for the approved Cost Proposal and Revised Cost Proposal and shall reference this Agreement number and
project title. Final invoice must contain the final cost and all credits due the City including any equipment purchased. The final invoice should be submitted within sixty (60) calendar days after completion of Consultant’s work. Invoices shall be mailed to the City’s Contract Administrator at the following address:
City of Modesto
Toby Wells, Engineering Services Director/City Engineer P.O. Box 642
Modesto, CA 95353
I. The total amount payable by the City of Modesto including the fixed fee shall not exceed THIRTEEN MILLION, TWO
HUNDRED EIGHTY-NINE THOUSAND, NINE
HUNDRED THIRTY-THREE AND 00/100 DOLLARS
($13,289,933.00).
J. Salary increases will be reimbursable if the new salary is within the salary range identified in the approved Cost Proposal and Revised Cost Proposal and is approved by the City’s Contract Administrator.
K. For personnel subject to prevailing wage rates as described in the California Labor Code, all salary increases, which are the direct result of changes in the prevailing wage rates are reimbursable.
5. Except as herein amended or modified, the provisions of the Original Agreement are expressly reaffirmed and remain in full force and effect. #5..
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-6- City of Modesto
WSP USA Inc. Fourth Amendment State Route 132 West Freeway/Expressway - Phase 1 Project IN WITNESS WHEREOF, the City of Modesto, a municipal corporation, has authorized the execution of this Fourth Amendment to Agreement for Construction Management Services in duplicate 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 Consultant has caused this Fourth Amendment to Agreement to be duly executed in duplicate as of the Effective Date. (Signatures on next page)
Approved 3/21/2024 AM
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EXHIBIT C-4
REVISED PROJECT SCHEDULE (AMENDMENT NO. 4)
AMENDMENT NO. 3 REVISED
Select Construction Management Consultant NOVEMBER 2018 COMPLETED CITY Approval JUNE 2019 COMPLETED
RTL JUNE 2019 COMPLETED
Advertise Project for Construction JULY 2019 COMPLETED
Award Construction Contract SEPTEMBER 2019 COMPLETED
Start Construction OCTOBER 2019 COMPLETED
Complete Construction-Civil MARCH 2023 COMPLETED
COMPLETE CCO WORK-MID Access Road, Carpenter
Road Realignment & Kansas Avenue HMA Overlay MARCH 2023 COMPLETED COMPLETE PROJECT CLOSEOUT JUNE 2023 JUNE 2025
WSP COMPLETE PLANT ESTABLISHMENT JUNE 2025 JUNE 2025
REVISED PROJECT SCHEDULE (Amendment No. 4)
SR132 WEST FREEWAY/EXPRESSWAY-PHASE 1 PROJECT
TASKS
Completion Date
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Basis For Estimate
1)
2)
3) Annual labor escalations of 2.9% to be effective in January are included 4)
5)
REVISED FEE SCHEDULE
(COST ESTIMATE)
Wednesday, March 20, 2024
To:
WSP USA INC.
FOR
CONSTRUCTION MANAGEMENT SERVICES
From:
FOR
STATE ROUTE 132 WEST FREEWAY/EXPRESSWAY - PHASE 1 PROJECT
CITY OF MODESTO
EXHIBIT D-4
DIR Determination NC-63-3-9-2018-2.
Staff performing inspection services are subject to DIR regulations including prevailing wage rates, fringes, shift differentials and overtime premiums. Bill rates will be adjusted to comply.
Justification for requesting an extension to provide Construction Management Services: City Requested Changes/Modifications extending Project Closeout completing by June 30, 2025 and providing Plant Establishment Administration through June 2025.
This Estimate extends Construction Management Services June of 2025 per the Revised Staffing Schedule.
AMENDMENT NO. 4
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CITY OF MODESTO SR-132 FREEWAY/EXPRESSWAY
WSP USA INC.
TASK 1 - PRECONSTRUCTION COMPLETE
WSP BURDENED LABOR COSTS
LABOR $ -
SUBTOTAL $ -
SUBCONSULTANT(S):
Materials Testing Kleinfelder, Inc. $ -
Public Information AIM Consulting, Inc. (DBE) $ -
Document Control VSCE, Inc. (DBE) $ -
QA Survey Transamerican Engineers & Associates, Inc. (DBE) $ - Environmental LSA Associates, Inc. $ -
Paleontological Services Cogstone Resource Management (DBE) $ - SUBTOTAL $ -
EXPENSES: $ -
SUBTOTAL $ -
TOTAL PHASE 1 $ -
TASK 2 - CONSTRUCTION/POST-CONSTRUCTION
WSP BURDENED LABOR COSTS
LABOR $ 170,302
OVERTIME
(Estimated at 10% of Inspection Hours) $ -
SECOND SHIFT PREMIUM $ -
(Estimated at 15% of Inspection Hours)
SUBTOTAL $ 170,302
SUBCONSULTANT(S):
Materials Testing Kleinfelder, Inc. $ -
Public Information AIM Consulting, Inc. (DBE) $ -
Document Control VSCE, Inc. (DBE) $ 5,855
QA Survey Transamerican Engineers & Associates, Inc. (DBE) $ - Environmental LSA Associates, Inc. $ -
Paleontological Services Cogstone Resource Management (DBE) $ - SUBTOTAL $ 5,855
EXPENSES: $ 7,460
SUBTOTAL $ 7,460
$ 183,616
$ 33,920
$ 149,697
COST TO COMPLETE BASED ON REVISED STAFFING SCHEDULE
Amendment No. 4 Requested Amount
TOTAL Cost to Complete PHASE 2
Amendement No. 3 Remaining Budget As of March 1 2024
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Revised Staffing Schedule: Amendment No. 4
YEAR: 2024 2025
PLANT
ESTABLISHMENT
YEAR 2
PLANT
ESTABLISHMENT
YEAR 3
MONTH: M A M J A-D J-D
POSITION NAME FIRM 15 16
Construction Manager/Project Controls Eng. Scott Frenette, JD, CCM, QSD WSP 4 4 4 2 12 10 36 Resident Engineer Rick Deml, PE, QSD WSP 80 80 80 80 64 48 432 Closeout RE John Adams, PE, QSD WSP
Structure Representative/ARE/SMR Bill Howe, PE, QSD WSP Office Engineer -WSP Office Engineer -WSP WSP 24 24 24 24 96 Office Engineer Juan Becerra VSCE 16 16 16 16 64
Project Accountant Marianne Beltram WSP-GSO 2 2 2 2 6 6 20 Roadway Inspector Grp 2 Josh Byrum WSP
Roadway Inspector Grp 2 Khalid Vospaul WSP
Structures Inspector Grp 2 Brian Harrington WSP
Utility Inspector Grp 2 Dave McCullough WSP
Electrical-Roadway Inspector Grp 2 Roy Robbert WSP
Landscape Inspector Grp 2 (As-Needed) Brice Ehoff WSP 128 96 224 Overtime Hours
Roadway Inspector Grp 2 Josh Byrum WSP
Roadway Inspector Grp 2 Khalid Vospaul WSP
Structures Inspector Grp 2 TBD WSP
Utility Inspector Grp 2 Dave McCullough WSP
Electrical-Roadway Inspector Grp 2 Roy Robbert WSP
Landscape Inspector Grp 2 (As-Needed) Brice Ehoff WSP
WSP
Rain Days Not Included
Staff performing inspection services are subject to prevailing wage rates 872 TOTAL
HOURS
2024
TASK 2 POST
CONSTRUCTION
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CITY OF MODESTO SR-132 FREEWAY/EXPRESSWAY
BILL BILL TOTAL TOTAL
POSITION NAME FIRM HRS RATE TOTAL HRS RATE TOTAL HOURS COST Construction Manager/Project Controls Eng. Scott Frenette, JD, CCM, QSDWSP 26 220.43 $5,731.18 10 226.82 $2,268.20 36 $7,999 Resident Engineer Rick Deml, PE, QSD WSP 384 251.67 $96,641.28 48 258.97 $12,430.56 432 $109,072 Closeout RE John Adams, PE, QSD WSP 0 208.42 $0.00 0 214.46 $0.00 0 $0 Structure Representative/ARE/SMR Bill Howe, PE, QSD WSP 0 223.71 $0.00 0 230.20 $0.00 0 $0 Office Engineer Office Engineer -WSP WSP 96 99.25 $9,528.00 0 102.13 $0.00 96 $9,528 Office Engineer Juan Becerra VSCE 64 91.48 $5,854.72 0 94.13 $0.00 64 $5,855 Roadway Inspector Grp 2 Marianne Beltram WSP-GSO 14 124.04 $1,736.56 6 127.64 $765.84 20 $2,502 Roadway Inspector Grp 2 Josh Byrum WSP 0 178.26 $0.00 0 183.43 $0.00 0 $0 Structures Inspector Grp 2 Khalid Vospaul WSP 0 170.08 $0.00 0 175.01 $0.00 0 $0 Utility Inspector Grp 2 TBD WSP 0 173.18 $0.00 0 178.20 $0.00 0 $0 Electrical-Roadway Inspector Grp 2 Dave McCullough WSP 0 181.37 $0.00 0 186.63 $0.00 0 $0 Landscape Inspector Grp 2 (As-Needed) Roy Robbert WSP 0 165.44 $0.00 0 170.24 $0.00 0 $0 Peak Roadway Inspector Grp 2 (As-Needed) Brice Ehoff WSP 128 181.67 $23,253.76 96 186.94 $17,946.24 224 $41,200 Staff performing inspection services are
subject to prevailing wage rates
RFP Date 10/15/18, 2018-02 Determination
712 $142,745.50 160 $33,410.84 872 176,156 $
REVISED STRAIGHT TIME LABOR COSTS (AMENDMENT NO. 4)
CONSTRUCTION
Jan 1, 2024- Dec 31, 2024 Jan 1, 2025- Dec 31, 2025
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CITY OF MODESTO SR-132 FREEWAY/EXPRESSWAY
BILL BILL TOTAL TOTAL
POSITION NAME FIRM HRS RATE TOTAL HRS RATE TOTAL HOURS COST Roadway Inspector Grp 2 Josh Byrum WSP 0 199.55 $0.00 0 205.34 $0.00 0 $0 Roadway Inspector Grp 2 Khalid Vospaul WSP 0 190.38 $0.00 0 195.90 $0.00 0 $0 Structures Inspector Grp 2 TBD WSP 0 193.86 $0.00 0 199.48 $0.00 0 $0 Utility Inspector Grp 2 Dave McCullough WSP 0 203.02 $0.00 0 208.91 $0.00 0 $0 Electrical-Roadway Inspector Grp 2 Roy Robbert WSP 0 185.19 $0.00 0 190.56 $0.00 0 $0 Landscape Inspector Grp 2 (As-Needed) Brice Ehoff WSP 0 203.35 $0.00 0 209.25 $0.00 0 $0 Peak Roadway Inspector Grp 2 (As-Needed) TBD WSP 0 197.16 $0.00 0 202.88 $0.00 0 $0 0 $ - 0 $0.00 0 -$
REVISED OVER TIME LABOR COSTS (AMENDMENT NO. 4)
Jan 1, 2021- Dec 31, 2021 Jan 1, 2022- Dec 31, 2022
CONSTRUCTION
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CITY OF MODESTO SR-132 FREEWAY/EXPRESSWAY
WSP USA INC.
UNIT
UNIT QTY COST ($) SUBTOTAL ($)
TOTAL ($) THIS
ESTIMATE
A) OFFICE
B) OFFICE SUPPLIES
Initial Supply Allowance 0 2,000 $ - Billed at Cost
Office Supplies Months 1 300 300.00 $ Monthly Lump Sum
Shipping Months 0 100 $ - Monthly Lump Sum
$ 300.00
C) OTHER DIRECT EXPENSES Allowance 0 5,000 $ - $ - Billed at Cost
D) VEHICLES, VEHICLE O&M
Scott Frenette, JD, CCM, QSD WSP Monthly 0 600.00 $ -
Rick Deml, PE, QSD WSP Monthly 1 1,000.00 1,000.00 $
John Adams, PE, QSD WSP Monthly 0 1,000.00 $ -
Bill Howe, PE, QSD WSP Monthly 0 600.00 $ -
Office Engineer -WSP WSP Monthly 0 1,000.00 $ -
Josh Byrum WSP Monthly 0 1,000.00 $ -
Khalid Vospaul WSP Monthly 0 1,000.00 $ -
TBD WSP Monthly 0 1,000.00 $ -
Dave McCullough WSP Monthly 0 1,000.00 $ -
Roy Robbert WSP Monthly 0 1,000.00 $ -
Brice Ehoff WSP Monthly 6 1,000.00 6,000.00 $ $ 7,000.00
E) COMPUTER/IT/SERVICE, SURVEY EQUIPMENT, FIELD EQUIPMENT, SAFETY EQUIPMENT Computers/IT/Printers/Service Monthly 1 160.00 160.00 $ Billed at Cost Survey Monthly 0 400.00 $ - Billed at Cost
$ 160.00
Field Costs $ 160.00
TOTAL EXPENSES $ 7,460.00
REVISED EXPENSES
Per contract documents field office will be provided by the contractor.
Note: Rate based upon $1,000 per month for each vehicle employed on the project Full Time. Vehicles not employed Full Time on the project will be prorated. For purposes of the prorating less than Full Time vehicle rates, one (1) month equals 20 shifts or 1 Full Time Equivalent (FTE). The rate for vehicles not employed on the project Full Time will be $50 for each shift employed on the project for an amount not to exceed $1,000 per month. Vehicles employed Full Time on the project will not be prorated. #5..
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-1- City of Modesto
WSP USA Inc. First Amendment State Route 132 West Freeway/Expressway - Phase 1 Project
FIRST AMENDMENT TO AGREEMENT
FOR CONSTRUCTION MANAGEMENT SERVICES
FOR STATE ROUTE 132 WEST FREEWAY/EXPRESSWAY - PHASE 1 PROJECT This First Amendment to Agreement for Construction Management Services is made with reference to the contractual agreement between the CITY OF MODESTO (“City”) and WSP USA INC., a New York corporation (“Consultant”), entered into by the parties on the 25th day of June, 2019, hereinafter referred to as “Original Agreement”.
This First Amendment to the Original Agreement for Construction Management Services is made with regard to the following recitals:
A. Section 3.0 “COMPENSATION AND BILLING” of the Original Agreement authorized and specified a not to exceed amount of $9,870,886, inclusive of additional services, to Consultant for performing all services and furnishing all staffing and materials called for in Exhibit “A” under this Agreement.
B. On or about August 4, 2021, at the City’s request, Consultant submitted to City a budget augmentation for additional construction management services in excess of the $9,870,886 authorized in the Original Agreement, attached to the Original Agreement and referred to therein as Exhibit “A”.
C. The aforementioned additional construction management services increase the amount of the Original Agreement by $1,721,080.
D. The Original Agreement states that the Agreement shall end on December 31, 2021, unless extended by agreement of the parties. Since Consultant’s work under this contract will extend beyond the December 31, 2021 end date, the parties desire to extend that end date to completion of construction contract closeout with Caltrans or December 31, 2025.
DocuSign Envelope ID: 678C3681-BA8C-4E73-8501-84D729806C14 #5..
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-2- City of Modesto
WSP USA Inc. First Amendment State Route 132 West Freeway/Expressway - Phase 1 Project NOW, THEREFORE, in consideration of this First Amendment to Agreement, and the mutual promises, covenants, and stipulations contained in the Original Agreement for Construction Management Services and this First Amendment to Agreement, the parties agree as follows:
1. The parties agree that each of the recitals set out above is factually true and correct.
2. Section 2.0 “CONTRACT DOCUMENTS” of the Original Agreement shall be deleted and parties agree to and hereby do substitute the following in its place:
“2.0 CONTRACT DOCUMENTS
Contract documents consist of the following documents, including all changes, addenda, and modifications thereto:
1. Agreement and all attachments
a. Exhibit A – Scope of Services
b. Exhibit B – Insurance Requirements
c. Exhibit C – Project Schedule
d. Exhibit C-1 – Revised Project Schedule
e. Exhibit D – Fee Schedule
f. Exhibit D-1 – Revised Fee Schedule
2. City’s Request for Proposal
3. Consultant’s Response”
3. Section 3.1 “Compensation” of the Original Agreement between the parties shall be deleted and the parties agree to and hereby do substitute the following in its place:
“3.1 Compensation: It is mutually understood between the parties that this Agreement may have been written before ascertaining the availability of funds or appropriation of funds, for the mutual benefit of both parties, in order to avoid program and fiscal delays that would occur if the Agreement were executed after that determination was made. Consultant and City agree that this Agreement is valid and enforceable only if sufficient funds are made available to the City and funding is approved by the governing body of the City.
DocuSign Envelope ID: 678C3681-BA8C-4E73-8501-84D729806C14 #5..
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-3- City of Modesto
WSP USA Inc. First Amendment State Route 132 West Freeway/Expressway - Phase 1 Project Consultant shall be paid in accordance with the schedule set forth in Exhibit “D” (Fee Schedule), attached hereto and made a part of this Agreement. In addition, Consultant shall be paid in accordance with the schedule set forth in Exhibit “D-1 – Revised Fee Schedule”.
Fee Schedule rates shall include all work and deliverables, including travel and equipment described in Exhibit “D” and Exhibit “D-1,” including direct salary costs, employee benefits, and overhead. The City may retain five percent of all periodic or progress payments made to the Consultant until completion and acceptance of all work tasks and City shall have right to withhold payment from Consultant for any unsatisfactory service until such time service is performed satisfactorily.
A. The method of payment for this contract will be based on actual cost plus fixed fee, unless otherwise indicated on Exhibit “D” or “D-1” of this Agreement. City will
reimburse Consultant for actual costs (including labor
costs, employee benefits, travel, equipment rental costs, overhead and other direct costs) incurred by Consultant in performance of the work.
Consultant will not be reimbursed for actual costs that exceed the estimated wage rates, employee benefits,
travel, equipment rental, overhead, and other estimated costs set forth in the approved Consultant’sCost
Proposal and Revised Cost Proposal, unless additional
reimbursement is provided for by Agreement
amendment. In no event, will Consultant be reimbursed
for overhead costs at a rate that exceeds City’s approved overhead rate set forth in the Cost Proposal and Revised Cost Proposal.
In the event, that City determines that a change to the work from that specified in the Cost Proposal and
Agreement is required, the Agreement time or actual
costs reimbursable by the City shall be adjusted by
Agreement amendment to accommodate the changed
work. The maximum total cost as specified in Paragraph
“I” of this Article shall not be exceeded, unless
authorized by Agreementamendment.
B. The indirect cost rate established for this Agreement is extended through the duration of this specific
Agreement. Consultant agreement to the extension of the 1-year applicable period shall not be a condition or
qualification to be considered for the work or Agreement award.
DocuSign Envelope ID: 678C3681-BA8C-4E73-8501-84D729806C14 #5..
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-4- City of Modesto
WSP USA Inc. First Amendment State Route 132 West Freeway/Expressway - Phase 1 Project C. In addition to the allowable incurred costs, the City will pay Consultant a fixed fee of $1,016,944.68. The fixed fee is nonadjustable for the term of the Agreement, except in the event of a significant change in the scope of work and such adjustment is made by Agreement amendment.
D. Reimbursement for transportation and subsistence costs shall not exceed the rates specified in the approved Cost Proposal and Revised Cost Proposal.
E. When milestone cost estimates are included in the approved Cost Proposal and Revised Cost Proposal, Consultant shall obtain prior written approval for a revised milestone cost estimate from the Contract Administrator before exceeding such cost estimate.
F. Progress payments will be made monthly in arrears based on services provided and allowable incurred costs. A pro rata portion of Consultant’s fixed fee will beincluded in the monthly progress payments. If Consultant fails to submit the required deliverable items according to the schedule set forth in Exhibit A, Article 3 Statement of Work, the City shall have the right to delay payment or terminate this Agreement.
G. No payment will be made prior to approval of any work, nor for any work performed prior to approval of this Agreement.
H. Consultant will be reimbursed promptly according to
California Regulations upon receipt by the City’s Contract Administrator of itemized invoices in duplicate. Invoices shall be submitted no later than thirty (30) calendar days after the performance of work for which Consultant is
billing. Invoices shall detail the work performed on each milestone and each project as applicable. Invoices shall follow the format stipulated for the approved Cost Proposal and Revised Cost Proposal and shall reference this
Agreement number and project title. Final invoice must
contain the final cost and all credits due the City including any equipment purchased. The final invoice should be
submitted within sixty (60) calendar days after completion of Consultant’s work. Invoices shall be mailed to the City’s Contract Administrator at the following address:
Mr. John Rawles
c/o Community & Economic Development Department
P.O. Box 642
Modesto, CA 95353
I. The total amount payable by the City of Modesto including the fixed fee shall not exceed ELEVEN MILLION, FIVE
HUNDRED NINETY-ONE THOUSAND, NINE
HUNDRED SIXTY-SIX and 00/100 DOLLARS
($11,591,966.00).
DocuSign Envelope ID: 678C3681-BA8C-4E73-8501-84D729806C14 #5..
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-5- City of Modesto
WSP USA Inc. First Amendment State Route 132 West Freeway/Expressway - Phase 1 Project J. Salary increases will be reimbursable if the new salary is within the salary range identified in the approved Cost Proposal and Revised Cost Proposal and is approved by the City’s Contract Administrator.
K. For personnel subject to prevailing wage rates as described in the California Labor Code, all salary increases, which are the direct result of changes in the prevailing wage rates are reimbursable.
3.3 Additional Services: Consultant shall not receive compensation for any services provided outside the scope of services specified in Exhibit “A” unless the City Manager, prior to Consultant performing the additional services, approves such additional services in writing. It is specifically understood that oral requests and/or approvals of such additional services or additional compensation shall be barred and are unenforceable.
Additional services may be authorized by the City Manager in an amount up to, but not to exceed ONE HUNDRED SEVENTYTWO THOUSAND, ONE HUNDRED EIGHT AND 00/100 DOLLARS ($172,108.00).
In the event that additional costs are deemed necessary, Consultant shall provide a written request to the City Manager indicating the reason for the additional work, scope and cost of said work. City Manager shall provide a response to the request, either approving or denying the additional expenditure. If additional services are requested and approved, they will be negotiated as indicated elsewhere within this agreement. In that event, the new total compensation shall not exceed ELEVEN MILLION, SEVEN
HUNDRED SIXTY-FOUR THOUSAND, SEVENTY-FOUR
AND 00/100 DOLLARS ($11,764,074.00).
If additional services in excess of this amount are deemed necessary, a second amendment to the Original Agreement will be required and must be approved by the City Council prior to commencing the work.
4. The end date in the Original Agreement between the parties shall be deleted and the parties agree to and hereby do substitute the following in its place:
DocuSign Envelope ID: 678C3681-BA8C-4E73-8501-84D729806C14 #5..
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-6- City of Modesto
WSP USA Inc. First Amendment State Route 132 West Freeway/Expressway - Phase 1 Project “This Agreement shall be extended to completion of construction contract closeout with Caltrans or December 31, 2025, unless extended by agreement of both parties.”
5. Except as herein amended or modified, the provisions of the Original Agreement are expressly reaffirmed and remain in full force and effect.
DocuSign Envelope ID: 678C3681-BA8C-4E73-8501-84D729806C14 #5..
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-7- City of Modesto
WSP USA Inc. First Amendment State Route 132 West Freeway/Expressway - Phase 1 Project IN WITNESS WHEREOF, the City of Modesto, a municipal corporation, has authorized the execution of this First Amendment to Agreement for Construction Management Services in duplicate by its City Manager and attestation by its City Clerk under authority of Resolution No. 2021-________, adopted by the Council of the City of Modesto on the 28th day of September, 2021, and Consultant has caused this First Amendment to Agreement to be duly executed in duplicate as of the Effective Date.
(Signatures on next page)
DocuSign Envelope ID: 678C3681-BA8C-4E73-8501-84D729806C14 372
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CITY OF MODESTO,
a municipal corporation
BY: ____________________________
JOSEPH P. LOPEZ, City Manager
ATTEST:
(Seal)
BY: ____________________________
DANA SANCHEZ, Interim City Clerk
CONSULTANT,
________________________________
BY: ____________________________
By _____________________________
Name Title
BY: ____________________________
By _____________________________
Name Title
APPROVED AS TO FORM:
BY: ____________________________
JOSE M. SANCHEZ, City Attorney
APPROVED AS TO FORM:
BY: ____________________________
CHRISTINA D. ALGER
Director of Human Resources (Risk)
Consultant’s Federal ID # ___________
* Corporations - signature of two (2) officers
required or one (1) officer plus corporate seal.
Partnership - signature of a partner required Sole
Proprietorship - signature of proprietor
required
DocuSign Envelope ID: 678C3681-BA8C-4E73-8501-84D729806C14
WSP USA, INC
Hillary Jassey
11-1531569
Secretary
Bart Littell Vice President
10/18/2021
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August 4, 2021
John Rawles, P.E./Project Manager
City of Modesto
P.O. Box 642
Modesto, CA 95353
RE: State Route 132 West Freeway/ Expressway-Phase 1 Project, Amendment No. 1 Dear Mr. Rawles,
The purpose of this letter is to request an Amendment to the existing State Route 132 West Freeway/Expressway Phase 1 Project Construction Management Services Agreement between the City of Modesto and WSP USA INC. executed on June 25, 2019.
The original WSP contract (Agreement) was procured approximately 6-months prior to start of project construction. At that time staff was unsure if there would be enough funding to complete the entire construction project as originally contemplated. To ensure financial support of the construction project, a bid alternate strategy was developed. This bid alternate work was to support construction of an Intelligent Transportation System (ITS) requested by Caltrans and to support a fully developed landscape plan as originally intended. The result of this added work was to extend the construction completion date from October 2021 to June 2022 and provide for 3-year Plant Establishment Period.
The WSP Agreement was tendered to support the base bid contract excluding the added alternatives and Plant Establishment Period. When the construction contract bids were received, the City was able to fund the project as originally intended. The inclusion of the bid alternates added approximately 6-months to the base bid construction schedule in addition to a 3-year Plant Establishment Period. This extension of the project schedule carried with it the need to extend the WSP Agreement to perform the Scope of Services for an additional extended term.
The Scope of Services for purposes of this Amendment (Amendment No. 1) remains unchanged from that which was provided in the Agreement. This Amendment extends WSP’s obligations to perform the Scope of Services listed in Exhibit “A” of the Agreement for the term of the Amendment.
Please extend the agreement duration noted on page 1 of the Construction Management Services Agreement, which indicates this Agreement shall end on December 31, 2021, unless extended by agreement of the parties. It is suggested the Agreement be extended to completion of construction contract closeout with Caltrans or December 31, 2025. #5..
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RE: State Route 132 West Freeway/ Expressway-Phase 1 Project, Amendment No. 1
The cost associated with the extension of the Agreement End Date is broken down on “Exhibit D-1 — Revised Fee Schedule”.
The existing Agreement amount, previously submitted Additional Service Requests, and this proposed First Amendment totals are shown in the following table.
Agreement Total
Existing Contract, 6/25/2019 $8,973,533.00
First Additional Services Request $125,802.56
Second Additional Services Request $771,550.44
Subtotal with Additional Services $9,870,886.00
First Amendment $1,721,080.00
Revised Agreement Total $11,591,966.00
If you have any questions regarding this amendment request, please contact me at (925) 765-3225 / [email protected].
Sincerely,
WSP USA Inc.
Bart Littell, P.E.
Construction Services District Manager/Vice President
Attachments:
1. Exhibit C-1 – Revised Project Schedule
2. Exhibit D-1 – Revised Fee Schedule
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EXHIBIT C-1
REVISED PROJECT SCHEDULE (AMENDMENT NO. 1)
PRELIMINARY REVISED
Select Construction Management Consultant NOVEMBER 2018 COMPLETED CITY Approval JUNE 2019 COMPLETED
RTL JUNE 2019 COMPLETED
Advertise Project for Construction JULY 2019 COMPLETED
Award Construction Contract SEPTEMBER 2019 COMPLETED
Start Construction OCTOBER 2019 COMPLETED
Complete Construction-Civil JULY 2021 MARCH 2022
WSP COMPLETE POST-CONSTRUCTION SERVICES OCTOBER 2021 JUNE 2025 TASKS Completion Date
REVISED PROJECT SCHEDULE (Amendment No. 1)
SR132 WEST FREEWAY/EXPRESSWAY-PHASE 1 PROJECT
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Basis For Estimate
1)
2)
3) Annual labor escalations of 2.9% to be effective in January are included 4)
5)
COST ESTIMATE
Wednesday, August 4, 2021
To:
Bart Littell
WSP USA INC.
FOR
CONSTRUCTION MANAGEMENT SERVICES
From:
FOR
STATE ROUTE 132 WEST FREEWAY/EXPRESSWAY - PHASE 1 PROJECT
CITY OF MODESTO
EXHIBIT D-1
DIR Determination NC-63-3-9-2018-2.
Staff performing inspection services are subject to DIR regulations including prevailing wage rates, fringes, shift differentials and overtime premiums. Bill rates will be adjusted to comply.
Justification for requesting an extension to provide Construction Management Services: The addtion of Bid Alternates A and B to the base bid of the construction contract increased the overall construction duration by 120 working days.
This Estimate extends Construction Management Services to June of 2025 per the Revised Staffing Schedule.
AMENDMENT NO. 1
Approved: ______________________
#5..
CITY OF MODESTO SR-132 FREEWAY/EXPRESSWAY
WSP USA INC.
COST ESTIMATE SUMMARY
TASK 1 - PRECONSTRUCTION COMPLETE
WSP BURDENED LABOR COSTS
LABOR $ -
SUBTOTAL $ -
SUBCONSULTANT(S):
Materials Testing Kleinfelder, Inc. $ -
Public Information AIM Consulting, Inc. (DBE) $ -
Document Control VSCE, Inc. (DBE) $ -
QA Survey Transamerican Engineers & Associates, Inc. (DBE) $ - Environmental LSA Associates, Inc. $ -
Paleontological Services Cogstone Resource Management (DBE) $ - SUBTOTAL $ -
EXPENSES: $ -
SUBTOTAL $ -
TOTAL PHASE 1 $ -
TASK 2 - CONSTRUCTION/POST-CONSTRUCTION
WSP BURDENED LABOR COSTS
LABOR $ 1,419,475
OVERTIME
(Estimated at 10% of Inspection Hours) $ 63,359
SECOND SHIFT PREMIUM $ 11,123
(Estimated at 15% of Inspection Hours)
SUBTOTAL $ 1,493,958
SUBCONSULTANT(S):
Materials Testing Kleinfelder, Inc. $ 110,000
Public Information AIM Consulting, Inc. (DBE) $ 7,407
Document Control VSCE, Inc. (DBE) $ 45,000
QA Survey Transamerican Engineers & Associates, Inc. (DBE) $ - Environmental LSA Associates, Inc. $ 5,000
Paleontological Services Cogstone Resource Management (DBE) $ - SUBTOTAL $ 167,407
EXPENSES: $ 59,714
SUBTOTAL $ 59,714
TOTAL PHASE 2 $ 1,721,080.00
PROJECT TOTAL $ 1,721,080.00
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Revised Staffing Schedule
YEAR: 2022 2023 2024 2025
PLANT
ESTABLISHMENT
START YEAR 1
PLANT
ESTABLISHMENT
YEAR 1-2
PLANT
ESTABLISHMENT
YEAR 2-3
PLANT
ESTABLISHMENT
END YEAR 3
MONTH: M J J A S O N D J F M A M J A-D J-D J-D J-M
POSITION NAME FIRM 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 Construction Manager/Project Controls Eng. Scott Frenette, JD, CCM, QSD WSP 100 100 100 100 40 40 40 520 Resident Engineer Rick Deml, PE, QSD WSP 160 160 160 160 160 160 160 24 24 24 24 1,216 Structure Representative/ARE/SMR Indy Chadha, PE, QSD WSP 160 160 160 160 40 680 Structure Representative/ARE/SMR Bill Howe, PE, QSD WSP Document Control Chad Baker, EIT WSP 160 160 160 160 80 80 80 880 Office Engineer Juan Becerra VSCE 160 160 160 160 160 160 80 1,040 Project Accountant Marianne Beltram WSP-GSO 16 160 16 16 16 6 6 2 2 2 2 244 Roadway Inspector Grp 2 Ryan George WSP 160 160 160 160 640 Roadway Inspector Grp 2 Kevin Irahola WSP 160 160 160 160 40 32 32 32 32 808 Structures Inspector Grp 2 TBD WSP 160 160 160 160 640
Utility Inspector Grp 2 Dave McCullough WSP 160 160 160 160 640 Electrical-Roadway Inspector Grp 2 Roy Robbert WSP 160 160 160 160 40 680 Peak Structures Inspector Grp 2 (As-Needed) Brice Ehoff WSP 160 160 160 160 640 Peak Roadway Inspector Grp 2 (As-Needed) TBD WSP 160 160 Overtime Hours
Roadway Inspector Grp 2 Ryan George WSP 40 20 20 20 100 Roadway Inspector Grp 2 Kevin Irahola WSP 40 20 20 20 100 Structures Inspector Grp 2 TBD WSP 16 8 8 8 40
Utility Inspector Grp 2 Dave McCullough WSP 16 8 8 8 40 Electrical-Roadway Inspector Grp 2 Roy Robbert WSP 16 8 8 8 40 Peak Structures Inspector Grp 2 (As-Needed) Brice Ehoff WSP Peak Roadway Inspector Grp 2 (As-Needed) TBD WSP
Rain Days Not Included
Staff performing inspection services are subject to prevailing wage rates 9,108 TOTAL
HOURS
2021 2022
TASK 2 POST
CONSTRUCTION TASK 2 CONSTRUCTION
#5..
CITY OF MODESTO SR-132 FREEWAY/EXPRESSWAY
BILL BILL BILL BILL BILL TOTAL TOTAL
POSITION NAME FIRM HRS RATE TOTAL HRS RATE TOTAL HRS RATE TOTAL HRS RATE TOTAL HRS RATE TOTAL HOURS COST Construction Manager/Project Controls Eng. Scott Frenette, JD, CCM, WSP 100 202.30 $20,230.00 420 208.17 $87,431.40 0 214.21 $0.00 0 220.42 $0.00 0 226.81 $0.00 520 $107,661 Resident Engineer Rick Deml, PE, QSD WSP 160 230.99 $36,958.40 984 237.69 $233,886.96 24 244.58 $5,869.92 24 251.67 $6,040.08 24 258.97 $6,215.28 1,216 $288,971 Structure Representative/ARE/SMR Indy Chadha, PE, QSD WSP 160 196.83 $31,492.80 520 202.54 $105,320.80 0 208.41 $0.00 0 214.45 $0.00 0 220.67 $0.00 680 $136,814 Structure Representative/ARE/SMR Bill Howe, PE, QSD WSP 0 205.33 $0.00 0 211.28 $0.00 0 217.41 $0.00 0 223.71 $0.00 0 230.20 $0.00 0 $0 Document Control Chad Baker, EIT WSP 160 86.36 $13,817.60 720 88.86 $63,979.20 0 91.44 $0.00 0 94.09 $0.00 0 96.82 $0.00 880 $77,797 Office Engineer Juan Becerra VSCE 160 83.96 $13,433.60 880 86.39 $76,023.20 0 88.90 $0.00 0 91.48 $0.00 0 94.13 $0.00 1,040 $89,457 Project Accountant Marianne Beltram WSP-GSO 16 113.84 $1,821.44 222 117.14 $26,005.08 2 120.54 $241.08 2 124.04 $248.08 2 127.64 $255.28 244 $28,571 Roadway Inspector Grp 2 Ryan George WSP 160 163.62 $26,178.90 480 168.36 $80,812.80 0 173.24 $0.00 0 178.26 $0.00 0 183.43 $0.00 640 $106,992 Roadway Inspector Grp 2 Kevin Irahola WSP 160 156.10 $24,976.69 552 160.63 $88,667.76 32 165.29 $5,289.28 32 170.08 $5,442.56 32 175.01 $5,600.32 808 $129,977 Structures Inspector Grp 2 TBD WSP 160 158.95 $25,432.07 480 163.56 $78,508.80 0 168.30 $0.00 0 173.18 $0.00 0 178.20 $0.00 640 $103,941 Utility Inspector Grp 2 Dave McCullough WSP 160 166.46 $26,634.28 480 171.29 $82,219.20 0 176.26 $0.00 0 181.37 $0.00 0 186.63 $0.00 640 $108,853 Electrical-Roadway Inspector Grp 2 Roy Robbert WSP 160 151.85 $24,295.44 520 156.25 $81,250.00 0 160.78 $0.00 0 165.44 $0.00 0 170.24 $0.00 680 $105,545 Peak Structures Inspector Grp 2 (As-Needed) Brice Ehoff WSP 160 166.74 $26,677.99 480 171.57 $82,353.60 0 176.55 $0.00 0 181.67 $0.00 0 186.94 $0.00 640 $109,032 Peak Roadway Inspector Grp 2 (As-Needed) TBD WSP 160 161.66 $25,865.60 0 166.35 $0.00 0 171.17 $0.00 0 176.13 $0.00 0 181.24 $0.00 160 $25,866 1,876 $297,814.81 6,738 $1,086,458.80 58 $11,400.28 58 $11,730.72 58 $12,070.88 8,788 $ 1,419,475 REVISED STRAIGHT TIME LABOR COSTS (AMENDMENT NO. 1)
CONSTRUCTION
Jan 1, 2021- Dec 31, 2021 Jan 1, 2022- Dec 31, 2022 Jan 1, 2023- Dec 31, 2023 Jan 1, 2024- Dec 31, 2024 Jan 1, 2025- Dec 31, 2025 #5..
CITY OF MODESTO SR-132 FREEWAY/EXPRESSWAY
BILL BILL TOTAL TOTAL
POSITION NAME FIRM HRS RATE TOTAL HRS RATE TOTAL HOURS COST Roadway Inspector Grp 2 Ryan George WSP 40 199.55 $7,982.00 60 205.34 $12,320.22 100 $20,302 Roadway Inspector Grp 2 Kevin Irahola WSP 40 190.38 $7,615.20 60 195.90 $11,754.06 100 $19,369 Structures Inspector Grp 2 TBD WSP 16 193.86 $3,101.76 24 199.48 $4,787.57 40 $7,889 Utility Inspector Grp 2 Dave McCullough WSP 16 203.02 $3,248.32 24 208.91 $5,013.78 40 $8,262 Electrical-Roadway Inspector Grp 2 Roy Robbert WSP 16 185.19 $2,963.04 24 190.56 $4,573.45 40 $7,536 Peak Structures Inspector Grp 2 (As-Needed) Brice Ehoff WSP 0 203.35 $0.00 0 209.25 $0.00 0 $0 Peak Roadway Inspector Grp 2 (As-Needed) TBD WSP 0 197.16 $0.00 0 202.88 $0.00 0 $0 128 $ 24,910.32 192 $38,449.08 320 $ 63,359
REVISED OVER TIME LABOR COSTS (AMENDMENT NO. 1)
Jan 1, 2021- Dec 31, 2021 Jan 1, 2022- Dec 31, 2022
CONSTRUCTION
#5..
CITY OF MODESTO SR-132 FREEWAY/EXPRESSWAY
WSP USA INC.
UNIT
UNIT QTY COST ($) SUBTOTAL ($)
TOTAL ($) THIS
ESTIMATE
A) OFFICE
B) OFFICE SUPPLIES
Initial Supply Allowance 0 2,000 $ - Billed at Cost
Office Supplies Months 6 300 $ 1,800.00 Monthly Lump Sum Shipping Months 0.5 100 $ 50.00 Monthly Lump Sum
$ 1,850.00
C) OTHER DIRECT EXPENSES Allowance 0 5,000 $ - $ - Billed at Cost
D) VEHICLES, VEHICLE O&M
Scott Frenette, JD, CCM, QSD WSP Monthly 7 600.00 $ 4,200.00 Rick Deml, PE, QSD WSP Monthly 11 1,000.00 $ 11,000.00
Indy Chadha, PE, QSD WSP Monthly 5 1,000.00 $ 5,000.00
Bill Howe, PE, QSD WSP Monthly 0 600.00 $ -
Ryan George WSP Monthly 4 1,000.00 $ 4,000.00
Kevin Irahola WSP Monthly 9 1,000.00 $ 9,000.00
TBD WSP Monthly 4 1,000.00 $ 4,000.00
Dave McCullough WSP Monthly 4 1,000.00 $ 4,000.00
Roy Robbert WSP Monthly 5 1,000.00 $ 5,000.00
Brice Ehoff WSP Monthly 7 1,000.00 $ 7,000.00
TBD WSP Monthly 1 1,000.00 $ 1,000.00
$ 54,200.00
E) COMPUTER/IT/SERVICE, SURVEY EQUIPMENT, FIELD EQUIPMENT, SAFETY EQUIPMENT Computers/IT/Printers/Service Monthly 9 150.00 $ 1,350.00 Billed at Cost Survey Monthly 3 771.31 $ 2,314.37 Billed at Cost
$ 3,664.37
Field Costs $ 3,664.37
TOTAL EXPENSES $ 59,714.37
REVISED EXPENSES
Per contract documents field office will be provided by the contractor.
Note: Rate based upon $1,000 per month for each vehicle employed on the project Full Time. Vehicles not employed Full Time on the project will be prorated. For purposes of the prorating less than Full Time vehicle rates, one (1) month equals 20 shifts or 1 Full Time Equivalent (FTE). The rate for vehicles not employed on the project Full Time will be $50 for each shift employed on the project for an amount not to exceed $1,000 per month. Vehicles employed Full Time on the project will not be prorated. #5..
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WSP USA
Suite 104
3260 Lone Tree Way
Antioch, CA 94509
Tel.: +1 925 756-2381
Fax: +1 925 756-2385
wsp.com
June 06, 2022
John Rawles P.E./Project Manager
City of Modesto
P.O. Box 642
Modesto, CA 95353
Subject: STATE ROUTE 132 WEST FREEWAY/EXPRESSWAY-PHASE 1 PROJECT (Federal Project No. TGHPLUL5059230)-CONSTRCUTION MANAGEMENT SERVICES AGREEMENT AMENDMENT REQUEST NO. 2
(WSP)
Dear Mr. Rawles:
WSP is pleased to have been selected to provide Construction Management (CM) services for the SR 132 West Freeway/Expressway Phase 1 Project (Project) for the City of Modesto. The Project is project is estimated to extend beyond the current contract completion date of June 20, 2022 due to several directed changes related to the MID Access Road, Carpenter Road Reconfiguration and the HMA Overlay of Kansas Avenue between N. Carpenter Road and N. Dakota Avenue.
These items of work are estimated to extend the current contract completion date to September 30, 2022 with Project Closeout being completed in December of this year.
We look forward to helping successfully deliver the completed Project for the City of Modesto and the region. To this end, WSP is submitting an Amendment Request No. 2 pursuant to the Construction Management Services Agreement executed on June 25, 2019 (Agreement) in the amount of $621,745.68.
The Scope of Services for purposes of this Amendment (Amendment No. 2) remains unchanged from that which was provided in the Agreement. This Amendment extends WSP’s obligations to perform the Scope of Services listed in Exhibit A of the Agreement for the term of the Amendment.
The cost associated with the extension of the Agreement End Date is broken down on “Exhibit D-2 — Revised Fee Schedule”.
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The existing Agreement amount, previously submitted Additional Service Requests, the First Amendment and this proposed Second Amendment totals are shown in the following table.
Agreement Total
Existing Contract, 6/25/2019 $8,973,533.00
First Additional Services Request $125,802.56
Second Additional Services Request $771,550.44
Third Additional Services Request $172,108.00
Subtotal with Additional Services $10,042,994.00
First Amendment $1,721,079.56
Second Amendment $621,745.68
Revised Agreement Total $12,385,819.20
If you have any questions regarding this amendment request, please contact me at (925) 765-3225 / [email protected].
Sincerely,
WSP USA Inc.
Bart Littell, P.E.
Construction Services District Manager/Vice President
Attachments:
1. Exhibit C-2 – Revised Project Schedule
2. Exhibit D-2 – Revised Fee Schedule
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EXHIBIT C-2
REVISED PROJECT SCHEDULE (AMENDMENT NO. 2)
AMENDMENT NO. 1 REVISED
Select Construction Management Consultant NOVEMBER 2018 COMPLETED CITY Approval JUNE 2019 COMPLETED
RTL JUNE 2019 COMPLETED
Advertise Project for Construction JULY 2019 COMPLETED
Award Construction Contract SEPTEMBER 2019 COMPLETED
Start Construction OCTOBER 2019 COMPLETED
Complete Construction-Civil MARCH 2022 SEPTEMBER 2022
COMPLETE CCO WORK-MID Access Road, Carpenter
Road Realignment & Kansas Avenue HMA Overlay N/A SEPTEMBER 2022 COMPLETE PROJECT CLOSEOUT SEPTEMBER 2022 DECEMBER 2022
WSP COMPLETE PLANT ESTABLISHMENT JUNE 2025 JUNE 2025
TASKS
Completion Date
REVISED PROJECT SCHEDULE (Amendment No. 2)
SR132 WEST FREEWAY/EXPRESSWAY-PHASE 1 PROJECT
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Revised Staffing Schedule: Amendment No. 2
YEAR: 2022 2023 2024 2025
PLANT
ESTABLISHMENT
START YEAR 1
PLANT
ESTABLISHMENT
YEAR 1-2
PLANT
ESTABLISHMENT
YEAR 2-3
PLANT
ESTABLISHMENT
END YEAR 3
MONTH: M J J A S O N D A-D J-D J-D J-M
POSITION NAME FIRM 1 2 3 4 5 15 16 17 18
Construction Manager/Project Controls Eng. Scott Frenette, JD, CCM, QSD WSP 60 60 60 60 60 300 Resident Engineer Rick Deml, PE, QSD WSP 160 160 160 160 160 800 Closeout RE John Adams, PE, QSD WSP 160 160 160 160 160 40 40 40 40 960 Structure Representative/ARE/SMR Bill Howe, PE, QSD WSP Document Control Chad Baker, EIT WSP 160 160 320
Office Engineer Juan Becerra VSCE 160 160 160 160 160 800 Project Accountant Marianne Beltram WSP-GSO 16 16 8 8 8 2 2 2 2 64 Roadway Inspector Grp 2 Josh Byrum WSP 160 160 320
Roadway Inspector Grp 2 Khalid Vospaul WSP
Structures Inspector Grp 2 Brian Harrington WSP
Utility Inspector Grp 2 Dave McCullough WSP 40 40 40 120 Electrical-Roadway Inspector Grp 2 Roy Robbert WSP 160 160 160 80 560 Peak Structures Inspector Grp 2 (As-Needed) Brice Ehoff WSP 160 160 320 Overtime Hours
Roadway Inspector Grp 2 Josh Byrum WSP 16 16 32
Roadway Inspector Grp 2 Khalid Vospaul WSP
Structures Inspector Grp 2 TBD WSP
Utility Inspector Grp 2 Dave McCullough WSP
Electrical-Roadway Inspector Grp 2 Roy Robbert WSP 16 16 32 Peak Structures Inspector Grp 2 (As-Needed) Brice Ehoff WSP 16 16 32 WSP
Rain Days Not Included
Staff performing inspection services are subject to prevailing wage rates 4,660 TOTAL
HOURS
2022 2022
TASK 2 POST
CONSTRUCTION
TASK 2 CONSTRUCTION
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Basis For Estimate
1)
2)
3) Annual labor escalations of 2.9% to be effective in January are included 4)
5)
COST ESTIMATE
Monday, June 6, 2022
To:
Bart Littell
WSP USA INC.
FOR
CONSTRUCTION MANAGEMENT SERVICES
From:
FOR
STATE ROUTE 132 WEST FREEWAY/EXPRESSWAY - PHASE 1 PROJECT
CITY OF MODESTO
EXHIBIT D-2
DIR Determination NC-63-3-9-2018-2.
Staff performing inspection services are subject to DIR regulations including prevailing wage rates, fringes, shift differentials and overtime premiums. Bill rates will be adjusted to comply.
Justification for requesting an extension to provide Construction Management Services: City Requested Changes/Modifications projected to extend Construction to September 30, 2022 with Project Closeout completing by December 31, 2022.
This Estimate extends Construction Management Services June of 2025 per the Revised Staffing Schedule.
AMENDMENT NO. 2
Approved: ______________________
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CITY OF MODESTO SR-132 FREEWAY/EXPRESSWAY
WSP USA INC.
TASK 1 - PRECONSTRUCTION COMPLETE
WSP BURDENED LABOR COSTS
LABOR $ -
SUBTOTAL $ -
SUBCONSULTANT(S):
Materials Testing Kleinfelder, Inc. $ -
Public Information AIM Consulting, Inc. (DBE) $ -
Document Control VSCE, Inc. (DBE) $ -
QA Survey Transamerican Engineers & Associates, Inc. (DBE) $ - Environmental LSA Associates, Inc. $ -
Paleontological Services Cogstone Resource Management (DBE) $ - SUBTOTAL $ -
EXPENSES: $ -
SUBTOTAL $ -
TOTAL PHASE 1 $ -
TASK 2 - CONSTRUCTION/POST-CONSTRUCTION
WSP BURDENED LABOR COSTS
LABOR $ 488,753
OVERTIME
(Estimated at 10% of Inspection Hours) $ -
SECOND SHIFT PREMIUM $ 2,016
(Estimated at 15% of Inspection Hours)
SUBTOTAL $ 490,770
SUBCONSULTANT(S):
Materials Testing Kleinfelder, Inc. $ -
Public Information AIM Consulting, Inc. (DBE) $ 39,044
Document Control VSCE, Inc. (DBE) $ 69,112
QA Survey Transamerican Engineers & Associates, Inc. (DBE) $ - Environmental LSA Associates, Inc. $ -
Paleontological Services Cogstone Resource Management (DBE) $ - SUBTOTAL $ 108,156
EXPENSES: $ 22,820
SUBTOTAL $ 22,820
TOTAL PHASE 2 $ 621,745.68
$ 621,745.68
COST TO COMPLETE BASED ON REVISED STAFFING SCHEDULE
PROJECT TOTAL
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Revised Staffing Schedule: Amendment No. 2
YEAR: 2022 2023 2024 2025
PLANT
ESTABLISHMENT
START YEAR 1
PLANT
ESTABLISHMENT
YEAR 1-2
PLANT
ESTABLISHMENT
YEAR 2-3
PLANT
ESTABLISHMENT
END YEAR 3
MONTH: M J J A S O N D A-D J-D J-D J-M
POSITION NAME FIRM 1 2 3 4 5 15 16 17 18
Construction Manager/Project Controls Eng. Scott Frenette, JD, CCM, QSD WSP 40 40 40 40 40 200 Resident Engineer Rick Deml, PE, QSD WSP 160 160 80 80 80 560 Closeout RE John Adams, PE, QSD WSP 160 160 160 160 160 40 40 40 40 960 Structure Representative/ARE/SMR Bill Howe, PE, QSD WSP Document Control Chad Baker, EIT WSP
Office Engineer Juan Becerra VSCE 160 160 160 160 160 800 Project Accountant Marianne Beltram WSP-GSO 16 16 8 8 8 2 2 2 2 64 Roadway Inspector Grp 2 Josh Byrum WSP
Roadway Inspector Grp 2 Khalid Vospaul WSP
Structures Inspector Grp 2 Brian Harrington WSP
Utility Inspector Grp 2 Dave McCullough WSP 80 80 80 240 Electrical-Roadway Inspector Grp 2 Roy Robbert WSP 160 160 160 480 Peak Structures Inspector Grp 2 (As-Needed) Brice Ehoff WSP Overtime Hours
Roadway Inspector Grp 2 Josh Byrum WSP
Roadway Inspector Grp 2 Khalid Vospaul WSP
Structures Inspector Grp 2 TBD WSP
Utility Inspector Grp 2 Dave McCullough WSP
Electrical-Roadway Inspector Grp 2 Roy Robbert WSP
Peak Structures Inspector Grp 2 (As-Needed) Brice Ehoff WSP WSP
Rain Days Not Included
Staff performing inspection services are subject to prevailing wage rates 3,304 TOTAL
HOURS
2022 2022
TASK 2 POST
CONSTRUCTION
TASK 2 CONSTRUCTION
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CITY OF MODESTO SR-132 FREEWAY/EXPRESSWAY
BILL BILL BILL BILL BILL TOTAL TOTAL
POSITION NAME FIRM HRS RATE TOTAL HRS RATE TOTAL HRS RATE TOTAL HRS RATE TOTAL HRS RATE TOTAL HOURS COST Construction Manager/Project Controls Eng. Scott Frenette, JD, CCM, QSDWSP 0 202.30 $0.00 200 208.18 $41,636.00 0 214.22 $0.00 0 220.43 $0.00 0 226.82 $0.00 200 $41,636 Resident Engineer Rick Deml, PE, QSD WSP 0 230.99 $0.00 560 237.69 $133,106.40 0 244.58 $0.00 0 251.67 $0.00 0 258.97 $0.00 560 $133,106 Closeout RE John Adams, PE, QSD WSP 0 194.00 $0.00 840 196.84 $165,345.60 40 202.55 $8,102.00 40 208.42 $8,336.80 40 214.46 $8,578.40 960 $190,363 Structure Representative/ARE/SMR Bill Howe, PE, QSD WSP 0 205.33 $0.00 0 211.28 $0.00 0 217.41 $0.00 0 223.71 $0.00 0 230.20 $0.00 0 $0 Office Engineer Chad Baker, EIT WSP 0 86.36 $0.00 0 88.87 $0.00 0 91.45 $0.00 0 94.10 $0.00 0 96.83 $0.00 0 $0 Project Accountant Juan Becerra VSCE 0 83.96 $0.00 800 86.39 $69,112.00 0 88.90 $0.00 0 91.48 $0.00 0 94.13 $0.00 800 $69,112 Roadway Inspector Grp 2 Marianne Beltram WSP-GSO 0 113.84 $0.00 58 117.14 $6,794.12 2 120.54 $241.08 2 124.04 $248.08 2 127.64 $255.28 64 $7,539 Roadway Inspector Grp 2 Josh Byrum WSP 0 163.62 $0.00 0 168.36 $0.00 0 173.24 $0.00 0 178.26 $0.00 0 183.43 $0.00 0 $0 Structures Inspector Grp 2 Khalid Vospaul WSP 0 156.10 $0.00 0 160.63 $0.00 0 165.29 $0.00 0 170.08 $0.00 0 175.01 $0.00 0 $0 Utility Inspector Grp 2 TBD WSP 0 158.95 $0.00 0 163.56 $0.00 0 168.30 $0.00 0 173.18 $0.00 0 178.20 $0.00 0 $0 Electrical-Roadway Inspector Grp 2 Dave McCullough WSP 0 166.46 $0.00 240 171.29 $41,109.60 0 176.26 $0.00 0 181.37 $0.00 0 186.63 $0.00 240 $41,110 Peak Structures Inspector Grp 2 (As-Needed) Roy Robbert WSP 0 151.85 $0.00 480 156.25 $75,000.00 0 160.78 $0.00 0 165.44 $0.00 0 170.24 $0.00 480 $75,000 Brice Ehoff WSP 0 166.74 $0.00 0 171.57 $0.00 0 176.55 $0.00 0 181.67 $0.00 0 186.94 $0.00 0 $0 Staff performing inspection services are
subject to prevailing wage rates
RFP Date 10/15/18, 2018-02 Determination
0 $0.00 3,178 $532,103.72 42 $8,343.08 42 $8,584.88 42 $8,833.68 3,304 557,865 $ REVISED STRAIGHT TIME LABOR COSTS (AMENDMENT NO. 2)
CONSTRUCTION
Jan 1, 2021- Dec 31, 2021 Jan 1, 2022- Dec 31, 2022 Jan 1, 2023- Dec 31, 2023 Jan 1, 2024- Dec 31, 2024 Jan 1, 2025- Dec 31, 2025 #5..
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CITY OF MODESTO SR-132 FREEWAY/EXPRESSWAY
BILL BILL TOTAL TOTAL
POSITION NAME FIRM HRS RATE TOTAL HRS RATE TOTAL HOURS COST Roadway Inspector Grp 2 Josh Byrum WSP 0 199.55 $0.00 0 205.34 $0.00 0 $0 Roadway Inspector Grp 2 Khalid Vospaul WSP 0 190.38 $0.00 0 195.90 $0.00 0 $0 Structures Inspector Grp 2 TBD WSP 0 193.86 $0.00 0 199.48 $0.00 0 $0 Utility Inspector Grp 2 Dave McCullough WSP 0 203.02 $0.00 0 208.91 $0.00 0 $0 Electrical-Roadway Inspector Grp 2 Roy Robbert WSP 0 185.19 $0.00 0 190.56 $0.00 0 $0 Peak Structures Inspector Grp 2 (As-Needed) Brice Ehoff WSP 0 203.35 $0.00 0 209.25 $0.00 0 $0 Peak Roadway Inspector Grp 2 (As-Needed) TBD WSP 0 197.16 $0.00 0 202.88 $0.00 0 $0 0 $ - 0 $0.00 0 -$
REVISED OVER TIME LABOR COSTS (AMENDMENT NO. 2)
Jan 1, 2021- Dec 31, 2021 Jan 1, 2022- Dec 31, 2022
CONSTRUCTION
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CITY OF MODESTO SR-132 FREEWAY/EXPRESSWAY
WSP USA INC.
UNIT
UNIT QTY COST ($) SUBTOTAL ($)
TOTAL ($) THIS
ESTIMATE
A) OFFICE
B) OFFICE SUPPLIES
Initial Supply Allowance 0 2,000 $ - Billed at Cost
Office Supplies Months 5 300 1,500.00 $ Monthly Lump Sum Shipping Months 0 100 $ - Monthly Lump Sum
$ 1,500.00
C) OTHER DIRECT EXPENSES Allowance 0 5,000 $ - $ - Billed at Cost
D) VEHICLES, VEHICLE O&M
Scott Frenette, JD, CCM, QSD WSP Monthly 1 600.00 600.00 $ Rick Deml, PE, QSD WSP Monthly 4 1,000.00 4,000.00 $
John Adams, PE, QSD WSP Monthly 7 1,000.00 7,000.00 $
Bill Howe, PE, QSD WSP Monthly 0 600.00 $ -
Josh Byrum WSP Monthly 0 1,000.00 $ -
Khalid Vospaul WSP Monthly 0 1,000.00 $ -
TBD WSP Monthly 0 1,000.00 $ -
Dave McCullough WSP Monthly 2 1,000.00 2,000.00 $
Roy Robbert WSP Monthly 3 1,000.00 3,000.00 $
Brice Ehoff WSP Monthly 0 1,000.00 $ -
$ 16,600.00
E) COMPUTER/IT/SERVICE, SURVEY EQUIPMENT, FIELD EQUIPMENT, SAFETY EQUIPMENT Computers/IT/Printers/Service Monthly 17 160.00 2,720.00 $ Billed at Cost Survey Monthly 5 400.00 2,000.00 $ Billed at Cost
$ 4,720.00
Field Costs $ 4,720.00
TOTAL EXPENSES $ 22,820.00
REVISED EXPENSES
Per contract documents field office will be provided by the contractor.
Note: Rate based upon $1,000 per month for each vehicle employed on the project Full Time. Vehicles not employed Full Time on the project will be prorated. For purposes of the prorating less than Full Time vehicle rates, one (1) month equals 20 shifts or 1 Full Time Equivalent (FTE). The rate for vehicles not employed on the project Full Time will be $50 for each shift employed on the project for an amount not to exceed $1,000 per month. Vehicles employed Full Time on the project will not be prorated. #5..
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CITY OF MODESTO
COMMITTEE AGENDA REPORT
DATE OF MEETING:
April 8, 2024
March 5, 2024
TO: Economic Development Committee
Chris Ricci, Chair
Eric Alvarez, Vice-Chair
Sue Zwahlen, Member
THROUGH: Joseph P. Lopez, City Manager
FROM: Bill Sandhu, Public Works Director
SUBJECT: First Amendment to the Agreement for the Feasibility Study for Compost with HDR Engineering Consultants
CONTACT: Rosene Nguyen, Integrated Waste Program Manager [email protected] 209-577-5453
DESCRIPTION:
Consider the First Amendment with HDR Engineering, Inc. for the Feasibility Study for the City of Modesto’s Compost Facility, to a revised total amount not to exceed $193,117 over the term of the original agreement and forwarding to Council for approval. (Funding Source: Compost Facility Improvement Fund)
STRATEGIC PLAN ELEMENT:
The recommended action supports the City’s Strategic Plan Area of Focus: Quality of Life, “Engage partners across the community to ensure the safety, resilience, and attractiveness of Modesto”, Goal A: “Improve community safety and quality of life through a combination of prevention and intervention efforts that address safety and its underlying issues”, Strategy 6:
Motivate and encourage staff and community members to identify and mitigate blight issues; and Goal B: “Increase pride in Modesto’s diverse neighborhoods and business districts through beautification efforts and by investing in community assets and amenities”, Strategy 3: Evaluate current waste removal and city beautification policies and procedures.
BACKGROUND:
The City of Modesto Compost Facility was created and began operation in January 1997 to comply with Assembly Bill (AB) 939’s 50% waste diversion requirement. In September 2016, Governor Brown signed the Short-Lived Climate Pollution Reduction Act Senate Bill (SB 1383)1 1 https://www.calrecycle.ca.gov/organics/slcp
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First Amendment to the Agreement for the Feasibility Study for Compost with HDR Engineering Consultants
into law, establishing emission reduction targets statewide to reduce organic waste to landfill by 75% and recovering 20% of edible food waste for human consumption by 2025.
The Compost Facility’s primary and state mandated purpose is to process the City’s diverted yard waste, paper waste and food waste materials into a reusable soil amendment product (compost), thus keeping these materials from entering the landfill and lowering the City’s disposal rate. A secondary purpose of the facility is to then market and sell the finished compost to farmers, landscapers, and backyard gardeners, which in turn helps keep the facility sustainable. Compost is also donated to community gardens and landscape projects, parks, schools, churches, and has been used in City projects. Annually, the Facility receives approximately 50,000 tons of raw compostable waste materials and processes it into about 25,000 tons of compost.
On June 14, 2022, by Resolution No. 2022-276, Council approved new solid waste rates. The new rates took effect on July 1, 2022. A compost facility improvement fee was added to both residential rates and commercial rates. These fees will be solely utilized for facility improvements.
On December 6, 2022, by Resolution No. 2022-466, Council approved an agreement with HDR Engineering, Inc. to conduct a Feasibility Study for the City’s Compost Facility. On October 24, 2023, by Resolution No. 2023-472, Council approved the proposed plan and recommendations from HDR Engineering to expand and improve the existing City of Modesto Compost Facility.
DISCUSSION:
The purpose of the Compost Facility Feasibility Study is to explore the viability of an improved and expanded Compost Facility that will help the City achieve SB 1383’s mandated organic waste diversion goals. Further, both the regional air district (San Joaquin Valley Air Pollution Control District Rule (SJVAPCD) 4566) and the Regional Water Board (General Waste Discharge Requirements for Composting Operations, Order WQ 2020-0012—DWQ) require improvements to the heavy equipment operations, working surfaces, and material processing operation to protect the air and groundwater quality, respectively. These two regulatory permitting agencies and the SB1383 legislation require the City to undertake substantial infrastructure, site electrifications, labor, and heavy equipment improvements to maintain the Compost Facility.
HDR Engineering, Inc. evaluated the facility’s ability to comply with California Department of Resources Recycling and Recovery (CalRecycle), SB 1383, San Joaquin Valley Air Pollution Control District, and the Regional Water Board Requirements and met with City staff to evaluate key considerations in the future of the facility. They examined the following major factors:
Site surface improvements.
Increase feedstock to approximately 100,000 tons per year, which will accommodate the additional material collected in compliance with SB 1383. Address size and site design, equipment, and staffing limitations to accommodate additional material, sorting, and compliant processing methods. Comply with regulations that limit the use of diesel-powered grinding equipment. Review current permits and provide a gap analysis on those that would be required under the expansion; and
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First Amendment to the Agreement for the Feasibility Study for Compost with HDR Engineering Consultants
Provide alternative and expanded sources of revenue.
Upon completing the compost feasibility study, HDR Engineering, Inc. developed a list of suggested improvements. The first project on the list is a Compost Surface Improvement project which will prevent water settlement and ponding, promote drainage to the pad’s valley gutter and drains, and will provide a permanent solution to the site’s compromised working surface.
Due to the current Notice of Violation from the Water Quality Board, it is in the best interest of the City to proceed with Amending the current agreement to proceed with Compost Surface Improvements in order to gain compliance.
The following tasks have been identified to complete the Surface Improvement Task 1: Prepare Construction Grading Plans
This involves conducting a land survey and preparing grading plans based on the proposed surface improvements from the Compost Facility Feasibility Study. HDR will collaborate with Associated Engineering Group (AEG) for the survey. The plans will be reviewed by the City and finalized for construction, including drainage calculations.
Task 2: Revise WDR Technical Report
HDR will revise the Technical Report to comply with Waste Discharge Requirements (WDR) and prepare construction-level grading plans. Coordination with the Central Valley Regional Water Quality Control Board (CVRWQCB) will be undertaken. If revisions are needed, a proposal will be prepared, but major design changes are not included.
Task 3: Request for Proposal Assistance
HDR will assist the City in preparing the Request for Proposals (RFP) for selecting a contractor to perform the surface improvements. This assistance includes summarizing the scope and answering contractor questions related to design plans.
Task 4: Preparation of Construction SWPPP
HDR will prepare a Stormwater Pollution Prevention Plan (SWPPP) meeting California regulation. This will be included in the bid package for the RFP process. The SWPPP will be conceptual and require minor revisions by the selected contractor's Qualified SWPPP Developer (QSD). Third-party oversight for construction activities related to SWPPP is not included in this proposal.
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 similar goods or services, of limited quantity or scope, to increase efficiency and avoid delays or disruptions to City projects or service.
FISCAL IMPACT:
On June 14, 2022, by Resolution No. 2022-427, Council approved the addition of Compost Facility Improvement fees to the residential and commercial solid waste rates. The anticipated cost to implement the recommendations of approximately $26,050,000 will be absorbed within #6..
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First Amendment to the Agreement for the Feasibility Study for Compost with HDR Engineering Consultants
the current Compost Facility Improvement (4896-56035) Fund. Due to the anticipated cost, this project will be completed in three different phases, over the next five to ten years, depending on available funds and on actual feedstock quantities. The first amendment will increase the amount of the agreement by $96,062, as shown below, for a revised total amount not to exceed $193,117.
Table 1. Cost estimate per tasks identified:
Task Description Cost Estimate
Task 1 – Prepare Construction Grading Plans $ 31,915
Task 2 – Revise WDR Technical Report $ 36,147
Task 3 – Request for Proposals Assistance $ 13,515
Task 4 – Preparation of Construction SWPPP $ 14,485
Grand Total $ 96,062
CEQA/NEPA REQUIREMENTS:
An Environmental review might be required due to the facility expansion and improvements.
CEQA process which is anticipated to be a Mitigated Negative Declaration to increase acreage from 30 to a minimum of 46 acres, and clarify feedstock types, specifically the variety of food waste sources.
RECOMMENDED COMMITTEE ACTION:
Staff Recommendations:
Motion recommending the First Amendment with HDR Engineering, Inc. for the Feasibility Study for the City of Modesto’s Compost Facility, increasing the Agreement amount by $96,062 from $97,055 to a new revised total amount not to exceed $193,117 over the term of the original agreement and forwarding to Council for approval.
Approved by:
Bill Sandhu, Public Works Director
Joseph P. Lopez, City Manager
Attachments:
1. First Amendment
2. Original Signed Agreement (with all Exhibits)
3. Bid Waiver
4. HDR Proposal
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1 FIRST AMENDMENT TO AGREEMENT
FOR FEASIBILITY STUDY FOR COMPOST WITH HDR ENGINEERING
CONSULTANTS
This First Amendment to the Agreement for Feasibility Study for Compost (“ First Amendment”) is entered into between the CITY OF MODESTO, a municipal corporation of the State of California (hereinafter the “City”) and HDR ENGINEERING, a Nebraska Corporation., (hereinafter "Consultant") as of _______ day of _____________, 2024.
RECITALS
This First Amendment to the Agreement for Feasibility Study for Compost is made with regard to the following recitals:
A. The Consultant Agreement for Feasibility Study for Compost (No. 240991), hereinafter referred to as “Original Agreement” was entered into between City and Consultant on the 6th day of December 2022.
B. City and Consultant desire to amend the Original Agreement to expand the SCOPE OF SERVICES to include “Exhibit A1” for Compost Surface Improvements.
C. City and Consultant desire to amend the Original Agreement to increase the compensation paid for services by $96,062 for a revised total amount not to exceed $193,117 over the term of the Original Agreement.
NOW, THEREFORE, in consideration of this First Amendment, and the mutual promises, covenants, and stipulations contained in the Original Agreement, the parties agree as follows:
1. Section 1 “SCOPE OF SERVICES” shall be amended to include Exhibit “A1” for Compost Surface Improvement, attached hereto and incorporated herein. #6..
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2 2. Section 3 “COMPENSATION” shall be deleted in its entity, and replaced with the following;
Consultant agrees to accept a sum, for a total not to exceed amount of $193,117 DOLLARS (One Hundred Ninety-Three Thousand and One Hundred and Seventeen Dollars) as full remuneration for performing all services and furnishing all staffing and materials called for in Exhibit “A”, Exhibit “A1”, and for performance by Consultant of all of its duties and obligations under this Agreement.
The Compensation shall be paid pursuant in the manner and at the times set forth below:
The City shall pay Consultant on a time and materials basis for Consultant’s Actually costs for all work called for in Exhibit “A” and Exhibit “A1” to this Agreement.
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-ofpocket costs paid by Consultant in connection with work performed on this project.
3. 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 FEASIBILTY STUDY FOR COMPOST Services by its City Manager and attestation by its City Clerk on the ________ day of ___________, 2024, and HDR ENGINEERING, has caused this FIRST AMENDMENT to be duly executed as of the Effective Date. #6..
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Public Works
Proposal for Permitting and Design for Compost Facility Surface Improvements HDR Engineering, Inc. 96062
Cindy Liles 408.386.1965
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Rosene Nguyen
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2/6/2024
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Holly Gonzales Holly Gonzales 2/13/24
Held teams meeting with the department, Carol, myself and Dianne to determine the best way to process this project. It was decided that an Amendment to the existing agreement is the best option as the SOW is similar and expanding on current agreement.
HDR Engineering conducted a compost falsifiability study. Compost surface improvement was on of the items listed in the study. The amendment to the contract provides a detailed proposal on how to conduct the permitting and design for the compost facility surface improvements. Currently the compost facility is under a Notice of Violation (NOV) with the water board. the NOV states that the compost facility has to improve the surface to prevent ponding of water that contributes to contaminating the ground water. #6..
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hdrinc.com
3003 Oak Road, Suite 500, Walnut Creek, CA 94597-4541
(925) 465-2700
December 7, 2023
Rosene Nguyen
Integrated Waste Program Manager
City of Modesto
[email protected]
Subject: Proposal for Permitting and Design for Compost Facility Surface Improvements
Dear Mrs. Nguyen,
HDR Engineering, Inc. (HDR) is pleased to present this proposal to support the City of Modesto (City) in updating their Waste Discharge Requirements (WDR) for Composting Operations Technical Report for the City’s Compost Facility (Facility) located at 7001 Jennings Road. This is one of the next steps that HDR recommendations for the City, as a result of the Facility Feasibility Study, to improve the Facility’s operations and comply with the WDR requirements. HDR has prepared this proposal based on our experience performing previous work on the Facility and similar projects.
HDR has recently completed the Compost Facility Feasibility Study for the City which included a list of recommendations to improve and expand the operations at the Facility.
The work included performing a feedstock assessment, site electrification analysis, permitting strategy, as well as completing a conceptual design of the surface improvements, and collecting vendor quotes for composting systems and equipment. This proposal is one of the next steps for improving the Facility.
Scope of Services
The following tasks have been identified to complete the above objectives:
Task 1 – Prepare Construction Grading Plans
The proposed surface improvements from the Compost Facility Feasibility Study will be used to prepare the construction grading plans. Prior to preparing the grading plans, a land survey will be conducted. HDR has partnered with Associated Engineering Group (AEG) located in the City of Modesto to perform this work. AEG performed the 2009 land survey for the Facility and is familiar with the property. AEG has provided a separate proposal which has been incorporated into this proposal and is included in Appendix A. #6..
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Once the results of the land survey are received, HDR will prepare a 60% design packet of the grading plans for City review and comment. Once comments are received from the City, HDR will finalize the 100% design plans for the Facility surface improvements. The design packet will be inclusive of supporting drainage calculations to be used in the Revised Technical Report.
The HDR team anticipates the design plans to be up to twelve (12) sheets for a complete submittal packet. Other than the survey, one (1) additional site visit is anticipated for up to two (2) HDR staff. The design lead will meet with the City virtually for up to three (3) meetings during the preparation of the plans, once after the survey data has been received, again after the 60% design packet has been prepared, and a final meeting to review the complete 100% design packet.
The final deliverable will be in PDF format for the City to submit to the appropriate department to obtain the necessary permits and approvals prior to construction. These PDFs will also be designed to be included in the future Request for Proposals (RFP) for the City to select a qualified contractor to perform the construction activities.
This task does not include major revisions to the construction grading plans post-review by the applicable permitting agencies. Minor revisions such as labeling and formatting are included.
Task 2 – Revise WDR Technical Report
During the Compost Facility Feasibility Study, HDR proposed surface improvements at the Facility to comply with WDR and prepared conceptual level design plans. These proposed surface improvements will be used to revise the Technical Report and prepare the construction level grading plans. The Technical Report will include the construction level grading plans and supporting drainage calculations. This assumes one (1) round of review and comments from the City prior to finalizing the Technical Report.
This assumes one (1) complete revised Report of Waste Discharge (ROWD) application package, inclusive of the application form if required by the Central Valley Regional Water Quality Control Board (CVRWQCB). HDR will lead the coordination with the CVRWQCB during their review process and assumes responding to one (1) round of comments through a revised ROWD application package. Coordination with CVRWQCB may include emails, phone calls, and virtual meetings not to exceed twenty (20) hours of HDR labor. #6..
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If the CVRWQCB does not approve the current design, then HDR will prepare a proposal to revise the construction grading plans and associated drainage calculations. The ROWD revisions included in this proposal do not include changing the proposed design.
Task 3 – Request for Proposal Assistance
It is HDR’s understanding that the City will prepare and facilitate a Request for Proposals (RFP) to select a contractor to perform the proposed surface improvements at the Facility.
HDR will assist as needed in the RFP process for up to fifty (50) hours by key HDR staff.
Specifically, HDR will participate in a limited basis during the contractor RFP process to prepare a summary description of the scope and to answer questions from the contractors related to the design plans.
Task 4 – Preparation of Construction SWPPP
HDR will prepare a conceptual Stormwater Pollution Prevention Plan (SWPPP) document pursuant to the California State Water Resources Control Board and Construction General Permit (CGP) requirements, which includes the SWPPP be written by a Qualified SWPPP Developer (QSD). The SWPPP will be prepared using the California Stormwater Quality Association (CASQA) construction SWPPP template. This assumes one (1) round of comments from the City during one (1) comment period. The SWPPP will be prepared to be provided as part of the bid package for the RFP process to select a contractor. The purpose of the conceptual construction SWPPP is to provide a SWPPP that will only require minor revisions by the selected contractor’s QSD. HDR will not be the projectspecific QSD certifying the SWPPP; the project-specific QSD will need to be identified and supplied by the selected contractor.
HDR is able to provide third-party oversight for the proposed construction activities, as they related to the construction SWPPP, however these services are not included in this proposal at this time.
Project Schedule
HDR anticipates that the ROWD application packet will be ready for submittal within four (4) months of receiving the Notice to Proceed (NTP). The land survey will be performed within one (1) month of receiving the NTP. After the results of the land survey are delivered, HDR anticipates approximately two (2) months to prepare the construction grading plans and supporting drainage calculations. These design plans and calculations will be incorporated into the Technical Report and a complete application packet will be #6..
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prepared for submittal to the CVRWQCB. Tasks 3 and 4 will only commence after feedback from the CVRWQCB is received, or as directed by the City to proceed. It is anticipated that the CVRWQCB may take between four (4) to nine (9) months to review the ROWD package. The construction grading plans, Technical Report, RFP process, and construction SWPPP may be impacted depending on comments received.
Fee Estimate
HDR will furnish labor, equipment, and materials to assist the City of Modesto on a time and materials basis not to exceed $96,062 (see Table 1 below).
Staff rates will be consistent with the current contract terms. HDR will only expend efforts under these tasks as authorized by the City.
The people most involved in this project will be Cindy Liles, EIT and Maryan Kukharets, PE.
The project team will be supported on an as-needed basis by other technical resources within HDR. The 2024 activities described herein can commence immediately upon NTP from the City.
Table 1. Cost estimate per tasks identified
Task Description Cost Estimate
Task 1 – Prepare Construction Grading Plans 31,915
Task 2 – Revise WDR Technical Report 36,147
Task 3 – Request for Proposals Assistance 13,515
Task 4 – Preparation of Construction SWPPP 14,485
Grand Total $96,062
Exclusions
The scope of work and budget associated with this proposal assume the following:
· Meetings with the City and vendors will be conducted virtually. · The proposed surface improvements in the Compost Facility Feasibility Study will be used to revise the Technical Report and prepare the construction level grading plans.
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· The City will obtain the necessary local approvals for construction of the proposed surface improvements, such as, but not limited to a grading permit. · The City will prepare the RFP for a contractor to perform the surface improvements proposed at the Facility and coordinate the selection of the contractor. · HDR will participate in a limited basis during the contractor RFP process to prepare a summary description of the scope and to answer questions from the contractors related to the design plans.
· A QSD certified SWPPP for construction is not included in this proposal. · Construction Quality Assurance (CQA) services are not included in this proposal. · This proposal does not include major revisions to the construction grading plans post-review by the applicable permitting agencies. Minor revisions such as labeling and formatting are included.
· Work is assumed to occur in the calendar year 2024.
HDR has qualified staff and is available to provide a separate proposal for these services excluded above.
HDR is excited about another opportunity to work with the City of Modesto. In the meantime, please feel free to contact us should you have questions.
Sincerely,
HDR Engineering, Inc.
Cindy Liles Holly Kennedy, PE
Project Manager Senior Vice President
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Appendix A
Appendix A:
Associated Engineering
Group Survey Proposal
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P3385_rev
AGREEMENT
PROFESSIONALCONSULTINGSERVICES
MODESTOCOMPOSTFACILITY–TOPOGRAPHICSURVEY
MODESTO,CALIFORNIA
NOVEMBER17,2023
1. LOCATION
Thesubjectsiteislocatedat7001JenningsRoadinModesto,California,asillustratedintheattachedexhibit depictinglimitsofareaandisfurtheridentifiedasStanislausCountyAssessor’sParcelNo.:22-01-02.
2. CLIENT
CindyLiles
HDRInc.
2365IronPointRoad
Folsom,CA95630-8709
(408)386-1965
3. SCOPEOFSERVICES
Thisproject,beingtheprofessionalconsultingservicesnecessaryforthetopographicsurveyasshownonthe attachedexhibittobedoneunderthesupervisionofalicenselandsurveyorforqualitycontrolpurposes,shall include,butnotbelimitedto,thefollowing:
A. FIELDANDAERIALTOPOGRAPHICSURVEY(limitsofsurvey,seeattached)
1. Performfieldsurveyingforestablishmentofhorizontalandverticalcontrolatsite,utilizingState PlaneCoordinates(NAD83-SPCZoneCA-III)andNorthAmericanVerticalDatumof1988(NAVD88).
2. Setupaerialflightcrossesandtieincontrolforaerialtopographicsurvey.
3. Performdetailedtopographicsurveyofexistingimprovedareastoinclude:
a. Horizontallocationofplanimetricfeaturestoincludetopandtoeofslopes,roads,curbs, concretedrainageswales,concretepads,containmentareas,pavement,parkinglot striping,planterareas,sidewalks,trenchdrains,bollards,gradebreaks,surfacevisible utilitiessuchasmanholes,draininlets,valves,firehydrants,etc.,buildings,building corners,fences,railsgates,walls,vegetation,trees,signs,andothervisiblefeatures withinthesurveylimits.
b. Surfaceutilitylocationsalongwithsubsurfacealignmenttoincludeinvertelevationsfor allgravitypipes,stormdraininletsandmanholes.Measureandnoteallvisiblepipesizes inthefield.
4. Performaerialsurveyofsiteforbasemappingpurposesofapproximately60+/-acres.
ITEMA.........................................................................$9,380 (BasedonPrevailingWageRates)
B. TOPOGRAPHICBASEMAPPING(limitsofsurvey,seeattached)
1. Performbasemappingtoincorporatefielddata(taskitemA)andaerialtopographyintoone overallbasedrawingtoincludetheappropriatelines,symbols,andannotationtoclearlydepictthe topographicdatacollected.
2. Preparedigitalterrainmodel(DTM)at1-footcontoursonbasedrawing.
3. Prepareaerialandtopographicsurveybasedrawingatascaletofitona24”x36”sheettobe providedinPDFformatwithlandsurveyorssealandsignatureandAutoCADCivil3Dv2018format forclient’suse.
ITEMB.........................................................................$3,605
4.TOTALFEE.....................................................................................................................................................$12,985
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ModestoCompostFacility
Modesto,California
November17,2023
Page2
5. COMPENSATIONFORSERVICES
A. Feesaredueandpayableintheamountandinaccordancewiththeabovereferencedscopeofservices.
Invoicingshallbeonamonthlyscheduleandreflectthatportionofthescopeofservicesofwhich consultanthascompleted.Allpaymentsshallbedueatreceiptoftheinvoiceunlessotherwisespecifiedin thisagreement.
B. Shouldforanyreasonthedueandpayableportionoftheabovereferencedscopeofservicesfeeschedule becomedelinquent,theOwner/Clientagreestopayamonthlylatepaymentchargewhichwillbethelesser of1.5%permonthoramonthlychargeequaltothemaximumlegalamountwhichwillbeappliedtoany unpaidbalanceduecommencingthirty(30)daysafterthedateoforiginalinvoice.
6. STANDARDPROVISIONSOFAGREEMENT
Clienthasreadandunderstandsallthestandardprovisionsoftheagreementsetforthandincludedherewithand agreesallstandardprovisionsofagreementareapartofthisagreementandarebindingonClient.
Inwitnesswhereof,thepartiesheretohaveaccepted,made,andexecutedthisAgreementupontheterms, conditions,andprovisionsabovestated.TheagreementmaybewithdrawnbyAssociatedEngineeringGroup,Inc.if notacceptedwithin30daysfromthedateofauthorizedsignaturebelow.
CONSULTANT:(Authorization) OWNER/CLIENT:(AcceptanceofAgreement) ASSOCIATEDENGINEERINGGROUP,INC. HDRInc.
_________________________Date:__________ _________________________Date:_________ JimFreitas
President
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BidWaiverApprovalFormHDRAmendment
FinalAuditReport 2024-02-15
Created: 2024-02-13
By: JuanaLynch([email protected])
Status: Signed
TransactionID: CBJCHBCAABAAPJ1a-wvucf6TvBnzqDfCuwVF1gMbLrW5 "BidWaiverApprovalFormHDRAmendment"History
DocumentcreatedbyJuanaLynch([email protected])
2024-02-13-9:16:31PMGMT
[email protected]
2024-02-13-9:17:55PMGMT
[email protected]
2024-02-14-11:59:00PMGMT
[email protected] 2024-02-14-11:59:59PMGMT
Documente-signedbyDianneLove([email protected])
SignatureDate:2024-02-15-0:00:01AMGMT-TimeSource:server DocumentemailedtoDeAnnaChristensen([email protected])forsignature 2024-02-15-0:00:02AMGMT
EmailviewedbyDeAnnaChristensen([email protected]) 2024-02-15-0:04:36AMGMT
Documente-signedbyDeAnnaChristensen([email protected]) SignatureDate:2024-02-15-0:12:05AMGMT-TimeSource:server Agreementcompleted.
2024-02-15-0:12:05AMGMT
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hdrinc.com
3003 Oak Road, Suite 500, Walnut Creek, CA 94597-4541
(925) 465-2700
December 7, 2023
Rosene Nguyen
Integrated Waste Program Manager
City of Modesto
[email protected]
Subject: Proposal for Permitting and Design for Compost Facility Surface Improvements
Dear Mrs. Nguyen,
HDR Engineering, Inc. (HDR) is pleased to present this proposal to support the City of Modesto (City) in updating their Waste Discharge Requirements (WDR) for Composting Operations Technical Report for the City’s Compost Facility (Facility) located at 7001 Jennings Road. This is one of the next steps that HDR recommendations for the City, as a result of the Facility Feasibility Study, to improve the Facility’s operations and comply with the WDR requirements. HDR has prepared this proposal based on our experience performing previous work on the Facility and similar projects.
HDR has recently completed the Compost Facility Feasibility Study for the City which included a list of recommendations to improve and expand the operations at the Facility.
The work included performing a feedstock assessment, site electrification analysis, permitting strategy, as well as completing a conceptual design of the surface improvements, and collecting vendor quotes for composting systems and equipment. This proposal is one of the next steps for improving the Facility.
Scope of Services
The following tasks have been identified to complete the above objectives:
Task 1 – Prepare Construction Grading Plans
The proposed surface improvements from the Compost Facility Feasibility Study will be used to prepare the construction grading plans. Prior to preparing the grading plans, a land survey will be conducted. HDR has partnered with Associated Engineering Group (AEG) located in the City of Modesto to perform this work. AEG performed the 2009 land survey for the Facility and is familiar with the property. AEG has provided a separate proposal which has been incorporated into this proposal and is included in Appendix A. #6..
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Once the results of the land survey are received, HDR will prepare a 60% design packet of the grading plans for City review and comment. Once comments are received from the City, HDR will finalize the 100% design plans for the Facility surface improvements. The design packet will be inclusive of supporting drainage calculations to be used in the Revised Technical Report.
The HDR team anticipates the design plans to be up to twelve (12) sheets for a complete submittal packet. Other than the survey, one (1) additional site visit is anticipated for up to two (2) HDR staff. The design lead will meet with the City virtually for up to three (3) meetings during the preparation of the plans, once after the survey data has been received, again after the 60% design packet has been prepared, and a final meeting to review the complete 100% design packet.
The final deliverable will be in PDF format for the City to submit to the appropriate department to obtain the necessary permits and approvals prior to construction. These PDFs will also be designed to be included in the future Request for Proposals (RFP) for the City to select a qualified contractor to perform the construction activities.
This task does not include major revisions to the construction grading plans post-review by the applicable permitting agencies. Minor revisions such as labeling and formatting are included.
Task 2 – Revise WDR Technical Report
During the Compost Facility Feasibility Study, HDR proposed surface improvements at the Facility to comply with WDR and prepared conceptual level design plans. These proposed surface improvements will be used to revise the Technical Report and prepare the construction level grading plans. The Technical Report will include the construction level grading plans and supporting drainage calculations. This assumes one (1) round of review and comments from the City prior to finalizing the Technical Report.
This assumes one (1) complete revised Report of Waste Discharge (ROWD) application package, inclusive of the application form if required by the Central Valley Regional Water Quality Control Board (CVRWQCB). HDR will lead the coordination with the CVRWQCB during their review process and assumes responding to one (1) round of comments through a revised ROWD application package. Coordination with CVRWQCB may include emails, phone calls, and virtual meetings not to exceed twenty (20) hours of HDR labor. #6..
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If the CVRWQCB does not approve the current design, then HDR will prepare a proposal to revise the construction grading plans and associated drainage calculations. The ROWD revisions included in this proposal do not include changing the proposed design.
Task 3 – Request for Proposal Assistance
It is HDR’s understanding that the City will prepare and facilitate a Request for Proposals (RFP) to select a contractor to perform the proposed surface improvements at the Facility.
HDR will assist as needed in the RFP process for up to fifty (50) hours by key HDR staff.
Specifically, HDR will participate in a limited basis during the contractor RFP process to prepare a summary description of the scope and to answer questions from the contractors related to the design plans.
Task 4 – Preparation of Construction SWPPP
HDR will prepare a conceptual Stormwater Pollution Prevention Plan (SWPPP) document pursuant to the California State Water Resources Control Board and Construction General Permit (CGP) requirements, which includes the SWPPP be written by a Qualified SWPPP Developer (QSD). The SWPPP will be prepared using the California Stormwater Quality Association (CASQA) construction SWPPP template. This assumes one (1) round of comments from the City during one (1) comment period. The SWPPP will be prepared to be provided as part of the bid package for the RFP process to select a contractor. The purpose of the conceptual construction SWPPP is to provide a SWPPP that will only require minor revisions by the selected contractor’s QSD. HDR will not be the projectspecific QSD certifying the SWPPP; the project-specific QSD will need to be identified and supplied by the selected contractor.
HDR is able to provide third-party oversight for the proposed construction activities, as they related to the construction SWPPP, however these services are not included in this proposal at this time.
Project Schedule
HDR anticipates that the ROWD application packet will be ready for submittal within four (4) months of receiving the Notice to Proceed (NTP). The land survey will be performed within one (1) month of receiving the NTP. After the results of the land survey are delivered, HDR anticipates approximately two (2) months to prepare the construction grading plans and supporting drainage calculations. These design plans and calculations will be incorporated into the Technical Report and a complete application packet will be #6..
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prepared for submittal to the CVRWQCB. Tasks 3 and 4 will only commence after feedback from the CVRWQCB is received, or as directed by the City to proceed. It is anticipated that the CVRWQCB may take between four (4) to nine (9) months to review the ROWD package. The construction grading plans, Technical Report, RFP process, and construction SWPPP may be impacted depending on comments received.
Fee Estimate
HDR will furnish labor, equipment, and materials to assist the City of Modesto on a time and materials basis not to exceed $96,062 (see Table 1 below).
Staff rates will be consistent with the current contract terms. HDR will only expend efforts under these tasks as authorized by the City.
The people most involved in this project will be Cindy Liles, EIT and Maryan Kukharets, PE.
The project team will be supported on an as-needed basis by other technical resources within HDR. The 2024 activities described herein can commence immediately upon NTP from the City.
Table 1. Cost estimate per tasks identified
Task Description Cost Estimate
Task 1 – Prepare Construction Grading Plans 31,915
Task 2 – Revise WDR Technical Report 36,147
Task 3 – Request for Proposals Assistance 13,515
Task 4 – Preparation of Construction SWPPP 14,485
Grand Total $96,062
Exclusions
The scope of work and budget associated with this proposal assume the following:
Meetings with the City and vendors will be conducted virtually. The proposed surface improvements in the Compost Facility Feasibility Study will be used to revise the Technical Report and prepare the construction level grading plans.
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The City will obtain the necessary local approvals for construction of the proposed surface improvements, such as, but not limited to a grading permit. The City will prepare the RFP for a contractor to perform the surface improvements proposed at the Facility and coordinate the selection of the contractor. HDR will participate in a limited basis during the contractor RFP process to prepare a summary description of the scope and to answer questions from the contractors related to the design plans.
A QSD certified SWPPP for construction is not included in this proposal. Construction Quality Assurance (CQA) services are not included in this proposal. This proposal does not include major revisions to the construction grading plans post-review by the applicable permitting agencies. Minor revisions such as labeling and formatting are included.
Work is assumed to occur in the calendar year 2024.
HDR has qualified staff and is available to provide a separate proposal for these services excluded above.
HDR is excited about another opportunity to work with the City of Modesto. In the meantime, please feel free to contact us should you have questions.
Sincerely,
HDR Engineering, Inc.
Cindy Liles Holly Kennedy, PE
Project Manager Senior Vice President
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Appendix A
Appendix A:
Associated Engineering
Group Survey Proposal
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4206 TECHNOLOGY DRIVE, SUITE 4, MODESTO, CA 95356 • PHONE: (209) 545-3390 • FAX: (209) 545-3875 • www.assoceng.com P3385_rev
AGREEMENT
PROFESSIONAL CONSULTING SERVICES
MODESTO COMPOST FACILITY – TOPOGRAPHIC SURVEY
MODESTO, CALIFORNIA
NOVEMBER 17, 2023
1. LOCATION
The subject site is located at 7001 Jennings Road in Modesto, California, as illustrated in the attached exhibit depicting limits of area and is further identified as Stanislaus County Assessor’s Parcel No.: 22-01-02.
2. CLIENT
Cindy Liles
HDR Inc.
2365 Iron Point Road
Folsom, CA 95630-8709
(408) 386-1965
3. SCOPE OF SERVICES
This project, being the professional consulting services necessary for the topographic survey as shown on the attached exhibit to be done under the supervision of a license land surveyor for quality control purposes, shall include, but not be limited to, the following:
A. FIELD AND AERIAL TOPOGRAPHIC SURVEY (limits of survey, see attached)
1. Perform field surveying for establishment of horizontal and vertical control at site, utilizing State Plane Coordinates (NAD83-SPC Zone CA-III) and North American Vertical Datum of 1988 (NAVD88).
2. Setup aerial flight crosses and tie in control for aerial topographic survey.
3. Perform detailed topographic survey of existing improved areas to include:
a. Horizontal location of planimetric features to include top and toe of slopes, roads, curbs, concrete drainage swales, concrete pads, containment areas, pavement, parking lot striping, planter areas, sidewalks, trench drains, bollards, grade breaks, surface visible utilities such as manholes, drain inlets, valves, fire hydrants, etc., buildings, building corners, fences, rails gates, walls, vegetation, trees, signs, and other visible features within the survey limits.
b. Surface utility locations along with subsurface alignment to include invert elevations for all gravity pipes, storm drain inlets and manholes. Measure and note all visible pipe sizes in the field.
4. Perform aerial survey of site for base mapping purposes of approximately 60 +/- acres.
ITEM A.........................................................................$9,380 (Based on Prevailing Wage Rates)
B. TOPOGRAPHIC BASE MAPPING (limits of survey, see attached)
1. Perform base mapping to incorporate field data (task item A) and aerial topography into one overall base drawing to include the appropriate lines, symbols, and annotation to clearly depict the topographic data collected.
2. Prepare digital terrain model (DTM) at 1-foot contours on base drawing.
3. Prepare aerial and topographic survey base drawing at a scale to fit on a 24” x 36” sheet to be provided in PDF format with land surveyors seal and signature and AutoCAD Civil 3D v2018 format for client’s use.
ITEM B .........................................................................$3,605
4. TOTAL FEE .....................................................................................................................................................$12,985
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Modesto Compost Facility
Modesto, California
November 17, 2023
5. COMPENSATION FOR SERVICES
A. Fees are due and payable in the amount and in accordance with the above referenced scope of services.
Invoicing shall be on a monthly schedule and reflect that portion of the scope of services of which consultant has completed. All payments shall be due at receipt of the invoice unless otherwise specified in this agreement.
B. Should for any reason the due and payable portion of the above referenced scope of services fee schedule become delinquent, the Owner/Client agrees to pay a monthly late payment charge which will be the lesser of 1.5% per month or a monthly charge equal to the maximum legal amount which will be applied to any unpaid balance due commencing thirty (30) days after the date of original invoice.
6. STANDARD PROVISIONS OF AGREEMENT
Client has read and understands all the standard provisions of the agreement set forth and included herewith and agrees all standard provisions of agreement are a part of this agreement and are binding on Client.
In witness whereof, the parties hereto have accepted, made, and executed this Agreement upon the terms, conditions, and provisions above stated. The agreement may be withdrawn by Associated Engineering Group, Inc. if not accepted within 30 days from the date of authorized signature below.
CONSULTANT: (Authorization) OWNER/CLIENT: (Acceptance of Agreement) ASSOCIATED ENGINEERING GROUP, INC. HDR Inc.
_________________________Date: __________ _________________________Date: _________ Jim Freitas
President
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CITY OF MODESTO
COMMITTEE AGENDA REPORT
DATE OF MEETING:
April 8, 2024
Date: March 6, 2024
TO: Economic Development Committee
Chris Ricci, Chair
Eric Alvarez, Vice-Chair
Sue Zwahlen, Member
THROUGH: Joseph P. Lopez, City Manager
FROM: Jessica Hill, Director of Community and Economic Development SUBJECT: Annexation #20 to City of Modesto Community Facilities District No. 2004-1 (Village One #2)
CONTACT: Peter Ibrahim, Infrastructure Financing Program Supervisor [email protected], 209-577-5211
DESCRIPTION:
Consider the annexation of Assessor Parcel Number (APNs) 077-008-036 and 077-008-037 totaling approximately 33.694 acres, to the City of Modesto Community Facilities District (CFD) No. 2004-1 (Village One #2) and authorizing the levy of special tax on the properties located within the annexation map and forwarding to Council for approval. (Funding Source: Developer Deposit) STRATEGIC PLAN ELEMENT:
The recommended action supports the City Council’s 2020-2025 Strategic Plan, Goal D: Provide Safe, Efficient, and Reliable Infrastructure through proactive community investment, maintenance, and sustainability efforts.
BACKGROUND:
In 1982, the Mello-Roos Community Facilities Act of 1982 (Act) was adopted by the State of California as a method for financing infrastructure improvements and services associated with new developments. The Act allows infrastructure improvements and services to be funded through a special tax paid by property owners.
On April 6, 2004, by Resolution No. 2004-199, the Council formed City of Modesto Community Facilities District No. 2004-1 (CFD No. 2004-1) to pay for various infrastructure improvements as well as the maintenance of parks, parkways and open space, storm drainage basin, and related facilities that serve the Village One Area.
On December 14, 2004, by Resolution No. 2004-681, the Council clarified the Rate and Method of Apportionment (RMA), approved on April 6, 2004, with respect to the Maximum Special Taxes #7..
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Economic Development Committee, April 8, 2024
Annexation of Property to City of Modesto Community Facilities District No. 2004-1 (Village One #2)
to be generated by a parcel that has been rezoned. The Council also created by Resolution No. 2004-683, Tax Zone #2 within CFD No. 2004-1.
On November 9, 2005, by Resolution No. 2005-566, the Council directed that all prior boundary maps and amendments to CFD No. 2004-1 be consolidated into a single map. On November 23, 2005, all prior boundary maps and amendments were consolidated into a single map entitled "Consolidation of Boundary Maps of Community Facilities District No. 2004-1 (Village One #2)” and recorded with the County Recorder of the County of Stanislaus at Book 4 of Maps of Assessments and Community Facilities Districts, at page 33 (the “Consolidated Boundary Map”).
Subsequent to the recordation of the Consolidated Boundary Map, additional territory was annexed to CFD No. 2004-1 through Annexations Nos. 11, 12, 13, 14, 15, 16, 17, 18 and 19.
A list of the authorized services and facilities to be funded by CFD No. 2004-1 is provided as Attachment 1. The RMA, as provided as Attachment 2, provides additional information such as how the special taxes are calculated and collected.
Chapter 3.5 of Part 1 of Division 2 of Title 5, commencing with Section 53311, of the California Government Code (commonly known as the Mello-Roos Community Facilities Act of 1982), and more specifically Government Code Section 53339.2, allows landowners to request the legislative body (the Council) adopt a Resolution of Intention to annex additional property into an existing CFD.
DISCUSSION:
In November 2023, NRB Investments, LLC filed a completed application package requesting that the parcels be annexed into CFD No. 2004-1 (Village One #2).
Annexation #20 will consist of APNs 077-008-036 and 077-008-037 totaling approximately 33.69 acres. Modesto 92 LP and NRB Investments LLC are the owners. The proposed annexation map is provided as Attachment 3.
The properties shown on the proposed annexation map related to Annexation #20 to CFD No. 2004-1. The annexation boundary maps, which identifies the property to be annexed to CFD. 2004-1, have been filed with the City Clerk and all preliminary requirements of the Mello-Roos law have been met. A copy of the annexation map is provided as Attachment 3.
Following is a list of the properties that comprise the additional territory requesting annexation to CFD No. 2004-1.
APN Acreage Land Use
077-008-036 14.603 Village Residential
077-008-037 19.091 Village Residential
Total: 33.694 acres
The Resolution of Intention is the first step in annexing the Property to CFD No. 2004-1. If approved, the Council will then hold a public hearing, conduct an election, canvass the results of #7..
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Economic Development Committee, April 8, 2024
Annexation of Property to City of Modesto Community Facilities District No. 2004-1 (Village One #2)
the election, and order the annexation of the Property to CFD No. 2004-1. Many of the procedural formalities of election can be waived with the unanimous written consent of the impacted property owners. The public hearing must be held more than 30 days, but no more than 60 days, after the City Council considers the proposed Resolution of Intention.
The public hearing will be scheduled for June 11, 2024. Modesto 92 LP and NRB Investments LLC are the only property owners participating in the annexation and will be asked to cast a ballot in favor of annexation of its Property to CFD No. 2004-1. The Property will annex to Tax Zone #2 of the CFD No. 2004-1.
FISCAL IMPACT:
Annexation expenses are paid by funds deposited by the developer. There is no impact to the General Fund.
Once the parcels are annexed to CFD No. 2004-1, the Maximum Village Residential Special Tax Rate for Fiscal Year 2023-2024 will be as follows:
Village One #2 – CFD No. 2004-1
Maximum Special Taxes
Special Tax Category
Tax Zone #2
Maximum Annual
Maintenance Special Tax
Fiscal Year 2023-24
Maximum One-Time
Facilities Special Tax
Fiscal Year 2023-24
Maximum Annual
Facilities Special Tax
Fiscal Year 2023-24
Village Residential $3,160.60/per net
taxable acre
$57,809.78/per net
taxable acre
$9,330.88/per net
taxable acre
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Economic Development Committee, April 8, 2024
Annexation of Property to City of Modesto Community Facilities District No. 2004-1 (Village One #2)
RECOMMENDED COMMITTEE ACTION:
Staff Recommendations:
Motion recommending the annexation of Assessor Parcel Number (APNs) 077-008-036 and 077- 008-037 totaling approximately 33.694 acres, to the City of Modesto Community Facilities District (CFD) No. 2004-1 (Village One #2) and authorizing the levy of special tax on the properties located within the annexation map and forwarding a recommendation to Council for approval.
Approved by:
Jessica Hill, Director of Community
and Economic Development
Joseph P. Lopez, City Manager
Attachments:
1. List of Facilities and Services
2. Rate and Method of Apportionment
3. Proposed Boundary Map for Annexation #20
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LIST OF FACILITIES
All facilities described herein are as presented in the Village One Facilities Master Plan (“FMP”) update dated May 2003. Said master plan is incorporated herein by reference. The following descriptions summarize the facilities to be funded within CFD 2004-1.
A. Arterial Roads:
Included in the FMP are improvements to four arterial roads that will be funded by the CFD. They include Roselle Ave., from Briggsmore to the northern boundary of Village One (north of Sylvan), Floyd Ave. from Oakdale Rd. to Claus Rd., Oakdale Rd. from Briggsmore to Sylvan Ave., and Sylvan Ave. from Oakdale Rd. to Claus Rd. Also included in the CFD is partial funding for a pedestrian overcrossing on Sylvan Ave. to serve the new high school.
B. Storm Drain System:
The storm drainage system for Village One contains three detention basins:
1. West Basin: Dual-use basin that pumps water to the Central Basin.
2. Central Basin: Percolation/detention basin that pumps water to the MID Lateral#3 and may pump to Dry Creek via Claus Rd. at some time in the future.
3. East Basin: Dual-use basin that pumps water to Dry Creek via Claus Rd.
The facilities to be funded by the CFD include: basin property, trunk pipelines, force mains, pump stations, and other necessary appurtenances.
C. Parks:
Three neighborhood parks and one community park will be developed within the Village One Specific Plan area. The development of the parks will include the acquisition of land, park improvements and street frontage improvements for the Grogan Community Park, the Roselle Neighborhood Park, the Claus Neighborhood Park and the Merle Neighborhood Park.
In addition, buffer land for the community park is to be acquired, a bike trail is to be developed along MID Lateral No. 3, and a trail is to be developed along Claus Rd.
D. Public Facilities:
An area office for police is proposed within Village One. Funds are provided within the CFD for tenant improvements necessary to set up an area office.
E. Other:
Other costs associated with Village One include reimbursement to the City of Modesto for engineering of the Facilities Master Plan and planning related to the Village One Specific Plan, future annual administration costs for the CFD, and community signage for Village One.
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LIST OF SERVICES
Maintenance of the Grogan Community Park, Roselle Neighborhood Park, Merle Neighborhood Park, Claus Neighborhood Park, arterial road parkway, median and roundabout landscaping, connector street parkway, median and roundabout landscaping, bike trails and storm drain facilities. #7..
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City of Modesto CFD No. 2004-1 1 December 10, 2004
CITY OF MODESTO
COMMUNITY FACILITIES DISTRICT NO. 2004-1
(VILLAGE ONE #2)
UPDATED RATE AND METHOD OF APPORTIONMENT OF SPECIAL TAXES ADDING TAX ZONE #2
Special Taxes applicable to each Assessor’s Parcel in Community Facilities District No. 2004-1 (Village One #2) [herein “CFD No. 2004-1” or “the CFD”] shall be levied and collected according to the tax liability determined by the City Council of the City of Modesto, through the application of the appropriate amount or rate for Taxable Property, as described below. All of the property in CFD No. 2004-1, unless exempted by law or by the provisions of Section G below, shall be taxed for the purposes, to the extent, and in the manner herein provided, including property subsequently annexed to CFD No. 2004-1 unless a separate Rate and Method of Apportionment is adopted for the annexation area.
A. DEFINITIONS
The terms hereinafter set forth have the following meanings:
“Acre” or “Acreage” means the land area of an Assessor’s Parcel as shown on an Assessor’s Parcel Map, or if the land area is not shown on an Assessor’s Parcel Map, the land area shown on the applicable Final Map or other Development Plan.
“Act” means the Mello-Roos Community Facilities Act of 1982, as amended, being Chapter 2.5, (commencing with Section 53311), Division 2 of Title 5 of the California Government Code. “Administrative Expenses” means any or all of the following: the fees and expenses of any fiscal agent or trustee (including any fees or expenses of its counsel) employed in connection with any Bonds, and the expenses of the City carrying out its duties with respect to CFD No. 2004-1 and the Bonds, including, but not limited to, levying and collecting the Special Taxes, the fees and expenses of legal counsel, charges levied by the County Auditor’s Office, Tax Collector’s Office, and/or Treasurer’s Office, costs related to annexing property into the CFD, costs related to property owner inquiries regarding the Special Taxes, costs associated with complying with any continuing disclosure requirements for the Bonds and the Special Taxes, and all other costs and expenses of the City in any way related to the establishment or administration of the CFD. “Administrator” means the person or firm designated by the City to administer the Special Taxes according to this Rate and Method of Apportionment of Special Taxes. #7..
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City of Modesto CFD No. 2004-1 2 December 10, 2004
“Annual Facilities Special Tax” means a special tax levied in any Fiscal Year to pay the Annual Facilities Special Tax Requirement, as defined below.
“Annual Facilities Special Tax Requirement” means the amount necessary in any Fiscal Year (i) to pay principal and interest, including scheduled sinking fund payments, on Bonds, (ii) pay administrative expenses of CFD No. 2004-1 that have not been included in the Annual Maintenance Special Tax Requirement for the Fiscal Year, (iii) to create or replenish reserve funds, (iv) to cure any delinquencies in the payment of principal or interest on indebtedness of CFD No. 2004-1 which have occurred in the prior Fiscal Year or (based on delinquencies in the payment of the Annual Facilities Special Taxes which have already taken place) are expected to occur in the Fiscal Year in which the tax will be collected, and (v) to construct or acquire Authorized Facilities. The amounts referred to in clauses (i) and (iii) of the preceding sentence may be reduced in any Fiscal Year by: (i) interest earnings on or surplus balances in funds and accounts for the Bonds to the extent that such earnings or balances are available to apply against debt service pursuant to a Bond indenture, Bond resolution, or other legal document that sets forth these terms; (ii) proceeds received by CFD No. 2004-1 from the collection of penalties associated with delinquent Annual Facilities Special Taxes; and (iii) any other revenues available to pay debt service on the Bonds as determined by the Administrator.
“Annual Maintenance Special Tax” means a special tax levied in any Fiscal Year to pay the Maintenance Special Tax Requirement, as defined below.
“Annual Maintenance Special Tax Requirement” means that amount necessary in any Fiscal Year to (i) pay for Authorized Services, (ii) pay administrative expenses of CFD No. 2004-1 that have not been included in the Annual Facilities Special Tax Requirement for the Fiscal Year, and (iii) cure any delinquencies in the payment of Annual Maintenance Special Taxes levied in prior Fiscal Years or (based on delinquencies in the payment of Annual Maintenance Special Taxes which have already taken place) are expected to occur in the current Fiscal Year. “Assessor’s Parcel” or “Parcel” means a lot or parcel shown on an Assessor’s Parcel Map with an assigned Assessor’s Parcel number.
“Assessor’s Parcel Map” means an official map of the County Assessor designating parcels by Assessor’s Parcel number.
“Authorized Facilities”means those facilities that are authorized to be funded by CFD No. 2004-1. “Authorized Services” means those services that are authorized to be funded by CFD No. 2004-1. “Bonds” means bonds or other debt (as defined in the Act), whether in one or more series, issued, insured or assumed by CFD No. 2004-1 related to Authorized Facilities. “Capitalized Interest” means funds in any capitalized interest account available to pay debt service on Bonds.
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City of Modesto CFD No. 2004-1 3 December 10, 2004
“CFD Formation” means the date on which the Resolution of Formation to form CFD No. 2004-1 was adopted by the City Council.
“City” means the City of Modesto.
“City Council” means the City Council of the City of Modesto, acting as the legislative body of CFD No. 2004-1.
“Commercial Property” means all Parcels in CFD No. 2004-1 for which building permits have been or may be issued for construction of a commercial building based on reference to the Village One Specific Plan and/or the Parcel’s zoning designation. “County” means the County of Stanislaus.
“Developed Property” means, in any Fiscal Year, the following:
For purposes of levying the Annual Maintenance Special Tax, “Developed Property” means:
• for Low Density Residential Property and Village Residential Property, all Parcels for which a Final Map was recorded prior to June 30 of the preceding Fiscal Year but not prior to June 30, 2002,
• for Multi-Family Property, all Parcels for which a building permit for new construction of a residential structure was issued prior to June 30 of the preceding Fiscal Year, and
• for Commercial Property and Industrial Property, all Parcels for which a building permit for construction, reconstruction or expansion of a building structure was issued prior to June 30 of the preceding Fiscal Year. Notwithstanding the foregoing, Parcels of Commercial Property or Industrial Property on which a vacant building is located that cannot be occupied without demolition or reconstruction of the building shall not be categorized as Developed Property until a permit is issued for construction of a new building or reconstruction of the existing building.
For purposes of levying the Annual Facilities Special Tax, “Developed Property” means:
• for Low Density Residential Property and Village Residential Property, all Parcels for which a building permit for construction, or reconstruction of a unit was issued prior to June 30 of the preceding Fiscal Year but not prior to June 30, 2002, • for Multi-Family Attached Property, all Parcels for which a building permit for new construction of a residential structure was issued prior to June 30 of the preceding Fiscal Year, and
#7..
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City of Modesto CFD No. 2004-1 4 December 10, 2004
• for Commercial Property and Industrial Property, all Parcels for which a building permit for construction, reconstruction or expansion of a building structure was issued prior to June 30 of the preceding Fiscal Year. Notwithstanding the foregoing, Parcels of Commercial Property or Industrial Property on which a vacant building is located that cannot be occupied without demolition or reconstruction of the building shall not be categorized as Developed Property until a permit is issued for construction of a new building or reconstruction of the existing building. “Expected Land Uses” means the Net Taxable Acreage of each Land Use Class expected on an Original Parcel in CFD No. 2004-1 based on reference to the Expected Land Use Map. The Expected Land Uses for each Original Parcel in the CFD at the time of CFD Formation, and the corresponding Maximum Special Tax for each Parcel, are reflected in Attachment 2, which will be updated with each annexation of property into CFD No. 2004-1. “Expected Land Use Map” means the map entitled “Village One Zoning of Unvested Properties” and dated February 21, 2003, which is on file with the CFD Administrator at the City and the City Clerk and which identifies the Expected Land Uses on all Parcels within the Village One Specific Plan that either (i) are in CFD No. 2004-1 at CFD Formation, or (ii) may be annexed into the CFD in future Fiscal Years. The Expected Land Use Map may be updated in future years to add property within the Village One Specific Plan that was vested to develop when the map was prepared and, therefore, was not included in the map but subsequently has its vesting expire or for any other reason becomes subject to a condition of development that requires formation of, or annexation into, a CFD. “Final Map” means a final map, or portion thereof, approved by the City pursuant to the Subdivision Map Act (California Government Code Section 66410 et seq.) that creates lots which do not need to be further subdivided prior to issuance of a building permit for a residential or nonresidential structure. The term “Final Map” shall not include any Assessor’s Parcel Map or subdivision map or portion thereof, that does not create lots that are in their final configuration, including Assessor’s Parcels that are designated as remainder parcels. “Fiscal Year” means the period starting July 1 and ending on the following June 30. “Improvement Area” means a geographic area that, upon annexation into CFD No. 2004-1, is identified as an improvement area as defined in the Act instead of a Tax Zone, as defined below.
Special Taxes collected within an Improvement Area will be the sole security for Bonds issued for that Improvement Area.
“Industrial Property” means all Parcels in CFD No. 2004-1 for which building permits have been or may be issued for construction of an industrial building based on reference to the Village One Specific Plan and/or the Parcel’s zoning designation.
“Land Use Class” means one of the five mutually-exclusive land use classes identified in Table 1 in Section C below and defined in this Section A. The City shall, in its sole discretion, determine the appropriate Land Use Class for Parcels on which a structure was built prior to CFD Formation. #7..
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City of Modesto CFD No. 2004-1 5 December 10, 2004
“Low Density Residential Property” means all Parcels in CFD No. 2004-1 for which a building permit has been or may be issued for construction of a residential unit on a Parcel with a maximum density of two or less dwelling units per gross acre based on reference to the Village One Specific Plan and/or the Parcel’s zoning designation.
“Maximum Annual Facilities Special Tax” means the greatest amount of Annual Facilities Special Tax that can be levied on an Assessor’s Parcel in any Fiscal Year determined in accordance with Sections C and D below.
“Maximum Annual Maintenance Special Tax”means the greatest amount of Annual Maintenance Special Tax that can be levied on an Assessor’s Parcel in any Fiscal Year determined in accordance with Sections C and D below.
“Maximum One-Time Facilities Special Tax” means the greatest amount of One-Time Facilities Special Tax that can be levied on an Assessor’s Parcel in any Fiscal Year determined in accordance with Sections C and D below.
“Maximum Special Taxes” means, collectively, the Maximum One-Time Facilities Special Tax, Maximum Annual Facilities Special Tax, and Maximum Annual Maintenance Special Tax. “Multi-Family Property” means all Parcels in CFD No. 2004-1 for which building permits have been or may be issued for construction of a residential structure consisting of two or more residential units that share common walls, including but not limited to, townhomes, condominiums, duplexes, triplexes, fourplexes, and apartment units. If a building permit has not yet been issued on the Parcel, the Administrator shall reference the Village One Specific Plan and/or the Parcel’s zoning designation to determine whether the Parcel is Multi-Family Property. “Net Taxable Acreage” or “Net Taxable Acre” means the total acreage within a Final Map or Parcel less arterial road right-of-ways and property that is defined in the Final Map for use as a park site, school site, or City-owned or CFD-owned storm drainage basin. If a Subdivision Map is recorded which is not a Final Map for some or all Parcels created by the subdivision, the Administrator shall calculate the Net Taxable Acreage of such unsubdivided Parcels by identifying the Acreage of the Parcel and (i) adding a portion of the acreage of any non-arterial right-of-way that fronts the Parcel determined by drawing lines at right angles to the right-of-way, and (ii) subtracting a portion of the acreage of any arterial right-of-way that fronts the Parcel determined by drawing lines at right angles to the right-of-way. The Net Taxable Acreage of a Parcel or Final Map shall be determined in the sole discretion of the City.
“One-Time Facilities Special Tax” means a Special Tax, levied and collected in full by the City prior to a structural building permit being issued for new construction on Taxable Property. “Original Parcel” means an Assessor’s Parcel in CFD No. 2004-1 at the time of CFD Formation or added to the CFD upon annexation, as identified in Attachment 2 (which shall be updated after each annexation). A Successor Parcel that is being further subdivided shall also be considered an #7..
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City of Modesto CFD No. 2004-1 6 December 10, 2004
Original Parcel for purposes of determining the Maximum Special Taxes pursuant to Section C below.
“Per-Acre Special Taxes” means the per-acre Special Taxes identified in Table 1 in Section C below.
“Proportionately” means, for Developed Property, that the ratio of the actual Annual Facilities Special Tax and Annual Maintenance Special Tax levied in any Fiscal Year to the Maximum Annual Facilities Special Tax and Maximum Annual Maintenance Special Tax authorized to be levied in that Fiscal Year is equal for all Assessor’s Parcels of Developed Property, respectively. In addition, for Undeveloped Property, “Proportionately” means that the ratio of the actual Annual Facilities Special Tax and actual Annual Maintenance Facilities Special Tax to the Maximum Annual Facilities Special Tax and Maximum Annual Maintenance Special Tax is equal for all Assessor’s Parcels of Undeveloped Property, respectively.
“Public Property” means any property within the boundaries of CFD No. 2004-1 that is owned by the federal government, State of California, County, City, or other public agency. “Single Family Detached Lot” means an individual numbered lot, which is in its final configuration and for which a building permit may be issued for a single family detached unit. “Special Taxes” means, collectively, the One-Time Facilities Special Tax, the Annual Facilities Special Tax, and the Annual Maintenance Special Tax.
“Special Tax Category” means, individually, the One-Time Facilities Special Tax, the Annual Facilities Special Tax, and the Annual Maintenance Special Tax. “Subdivision Map” means a Final Map, large lot subdivision map, or other map recorded with the County that results in the subdivision of an Original Parcel into two or more Successor Parcels. “Successor Parcel” means an Assessor’s Parcel of Taxable Property created by the subdivision or reconfiguration of an Original Parcel on which construction of a residential or non-residential structure is permitted.
“Taxable Property” means all of the Assessor’s Parcels within the boundaries of CFD No. 2004-1 which are not exempt from the Special Tax pursuant to law or Section G below. “Taxable Public Property” means, in any Fiscal Year, all Parcels of Public Property within CFD No. 2004-1 that, (i) based on the Village One Specific Plan, were expected to be Taxable Property and, (ii) based on this expectation, Maximum Special Taxes were assigned to the Parcels in a prior Fiscal Year.
“Tax Zone” means a mutually exclusive geographic area within which particular Special Tax rates may be levied pursuant to this Rate and Method of Apportionment of Special Taxes. Attachment 1 identifies the boundaries of Tax Zone #1 and Tax Zone #2 as of the date of adoption of this updated #7..
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City of Modesto CFD No. 2004-1 7 December 10, 2004
Rate and Method of Apportionment of Special Tax; additional Tax Zones may be created when property is annexed into the CFD. Alternatively, additional Original Parcels may be added to a Tax Zone with assigned Maximum Special Taxes based on the Expected Land Uses on each Original Parcel.
“Tax Zone #1” means the geographic area that is designated in Attachment 1 of this Rate and Method of Apportionment of Special Tax as Tax Zone #1. Tax Zone #1 may be expanded to include additional Original Parcels that annex to CFD No. 2004-1; Attachments 1 and 2 will be updated each time such an annexation takes place.
“Tax Zone #2” means the geographic area that is designated in Attachment 1 of this Rate and Method of Apportionment of Special Tax as Tax Zone #2. Tax Zone #2 may be expanded to include additional Original Parcels that annex to CFD No. 2004-1; Attachments 1 and 2 will be updated each time such an annexation takes place.
“Undeveloped Property” means, in any Fiscal Year, all Parcels of Taxable Property within CFD No. 2004-1 that are not Developed Property.
“Village One Specific Plan” means the specific plan for development within the Village One project in the City of Modesto adopted by the City Council on April 1, 2003, as amended from time to time.
“Village Residential Property” means, in any Fiscal Year, all Parcels in CFD No. 2004-1 for which a building permit has been or may be issued for construction of a residential unit on a Parcel with a maximum density greater than two dwelling units per gross acre based on reference to the Village One Specific Plan and/or the Parcel’s zoning designation.
B. DATA FOR ANNUAL ADMINISTRATION
On or about July 1 of each Fiscal Year, the Administrator shall identify the current Assessor’s Parcel numbers for all Parcels of Taxable Property in CFD No. 2004-1. The Administrator shall also determine: (i) the Tax Zone within which each Parcel of Taxable Property is located, (ii) whether each Assessor’s Parcel of Taxable Property is Developed Property or Undeveloped Property, (iii) which Parcels are Commercial Property, Industrial Property, Multi-Family Property, Low Density Residential Property, and Village Residential Property (the City shall, in its sole discretion, determine the appropriate Land Use Class for Parcels on which a structure was built prior to CFD Formation), (iv) the Net Taxable Acreage of each Parcel, and (v) the Annual Facilities Special Tax Requirement and the Annual Maintenance Special Tax Requirement.
In any Fiscal Year, if it is determined that (i) a parcel map for a portion of property in CFD No. 2004-1 was recorded after January 1 of the prior Fiscal Year (or any other date after which the Assessor will not incorporate the newly-created Parcels into the then current tax roll), (ii) because of the date the parcel map was recorded, the Assessor does not yet recognize the new Parcels created by the parcel map, and (iii) one or more of the newly-created Parcels meets the definition of #7..
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City of Modesto CFD No. 2004-1 8 December 10, 2004
Developed Property, the Administrator shall calculate the Special Tax for the property affected by recordation of the parcel map by determining the Special Tax that applies separately to each newlycreated Parcel, then applying the sum of the individual Special Taxes to the Original Parcel or Successor Parcel that was subdivided by recordation of the parcel map.
C. CALCULATING MAXIMUM SPECIAL TAXES
The Administrator shall use the procedures set forth below to calculate the Maximum Special Taxes for each Parcel in CFD No. 2004-1 in each Fiscal Year, including the Maximum One-Time Facilities Special Tax, Maximum Annual Facilities Special Tax, and Maximum Annual Maintenance Special Tax. A separate method of calculating the Maximum Special Taxes may be identified for Tax Zones or Improvement Areas added to CFD No. 2004-1 as a result of future annexations. The Per-Acre Special Taxes set forth in Table 1 below shall be used for purposes of Sections C.1 and C.2 below:
Table 1
Per-Acre Special Taxes
Fiscal Year 2004-05 *
Land Use
Class
Per-Acre Special
Tax: One-Time
Facilities
Special Tax
TAX ZONE #1
Per-Acre Special
Tax: One-Time
Facilities
Special Tax
TAX ZONE #2
Per-Acre Special
Tax: Annual
Facilities Special
Tax
Per-Acre Special
Tax: Annual
Maintenance
Special Tax
Low Density
Residential
Property
$13,342 per
Net Taxable Acre
$19,576 per
Net Taxable Acre
$3,517 per
Net Taxable Acre
$525 per
Net Taxable Acre
Village
Residential
Property
$30,281 per
Net Taxable Acre
$44,429 per
Net Taxable Acre
$6,405 per
Net Taxable Acre
$1,233 per
Net Taxable Acre
Multi-Family
Property
$101,437 per
Net Taxable Acre
$148,832 per
Net Taxable Acre
$7,222 per
Net Taxable Acre
$4,020 per
Net Taxable Acre
Commercial
Property
$52,102 per
Net Taxable Acre
$76,446 per
Net Taxable Acre
$3,570 per
Net Taxable Acre
$920 per
Net Taxable Acre
Industrial
Property
$13,103 per
Net Taxable Acre
$19,225 per
Net Taxable Acre
$2,550 per
Net Taxable Acre
$920 per
Net Taxable Acre
* All Per-Acre Special Taxes shown in Table 1 are subject to the annual adjustments described in Section D below.
1. Original Parcels
The Maximum Special Taxes for each Land Use Class in the Original Parcels in CFD No. 2004-1 as of the date of approval of this updated Rate and Method of Apportionment of Special Tax are identified in Attachment 2. Attachment 2 will be updated by the #7..
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City of Modesto CFD No. 2004-1 9 December 10, 2004
Administrator as needed to reflect Original Parcels added to the CFD due to additional annexations. Until an Original Parcel is subdivided, the Maximum Special Taxes shown in Attachment 2 (escalated as set forth herein) shall be the Maximum Special Taxes for the Parcel unless the zoning on the Original Parcel changes to a Land Use Class that has higher Per-Acre Special Taxes, as shown in Table 1 above. Upon approval of such change in zoning by the City Council, the Administrator shall multiply the applicable Per-Acre Special Taxes by the Net Taxable Acreage of each Land Use Class that is expected on the Parcel based on the rezone. The Administrator shall then update Attachment 2 to reflect the higher Maximum Special Taxes for the Parcel. If a rezone results in a Land Use Class that has a lower Per-Acre Special Tax than the previous Expected Land Uses, there shall be no corresponding reduction in the Maximum Special Taxes for the Parcel. The potential reduction in Maximum Special Tax revenues must be considered separately for each Special Tax Category. If the rezone would cause a reduction in the Maximum Special Tax revenues in any Special Tax Category, the Maximum Special Tax identified for that Special Tax Category shall remain the same as originally assigned to the Original Parcel.
2. Successor Parcels
a. All Successor Parcels are Single Family Detached Lots If the Parcels created by a recorded Subdivision Map are all Single Family Detached Lots, the Administrator shall apply the following steps to allocate the Maximum Special Taxes for the Original Parcel to each of the Successor Parcels created by the subdivision:
Step 1: Determine the greater of (i) the Maximum Special Taxes assigned to each Expected Land Use for the Original Parcel, or (ii) the Net Taxable Acreage of Low Density Residential Property and/or Village Residential Property within the Subdivision Map multiplied by the Per-Acre Special Taxes for such Land Use Classes from Table 1 above. If the Subdivision Map includes both Low Density Residential Property and Village Residential Property, separately calculate the amount that applies to each Land Use Class.
Step 2: Separately for any Low Density Residential Property and Village Residential Property created by the Subdivision Map, divide the Maximum Special Taxes from Step 1 by the number of Successor Parcels to determine the Maximum Special Taxes for each Single Family Detached Lot.
b. No Successor Parcels are Single Family Detached Lots If none of the Successor Parcels created by recordation of a Subdivision Map are Single Family Detached Lots, the Administrator shall apply the following steps to #7..
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City of Modesto CFD No. 2004-1 10 December 10, 2004
allocate the Maximum Special Taxes assigned to the Original Parcel to each of the Successor Parcels:
Step 1: Identify the Expected Land Uses for the Original Parcel.
Step 2: Determine the Net Taxable Acreage within each Land Use Class created by the Subdivision Map.
Step 3: If the Net Taxable Acreage of each Land Use Class from Step 2 is the same as the Expected Land Uses, the Maximum Special Taxes assigned to each of the Expected Land Uses on the Original Parcel shall be allocated to the Successor Parcels based on the Acreage of each Land Use Class that occurs on each Successor Parcel.
Step 4: If the Net Taxable Acreage within each Land Use Class from Step 2 is different than the Expected Land Uses for the Original Parcel, the Administrator shall apply the following steps separately for each Special Tax Category:
Step 4a. Multiply the applicable Per-Acre Special Tax by the Net Taxable Acreage of each Land Use Class created by the
Subdivision Map.
Step 4b. If the amount calculated in Step 4a is greater than the Maximum Special Tax assigned to the Original Parcel,
multiply the Net Taxable Acreage of each Land Use Class on each Successor Parcel by the applicable Per-Acre Special Tax from Table 1 above to determine the Maximum Special Tax for each Successor Parcel.
Step 4c. If the amount calculated in Step 4a is less than the Maximum Special Tax assigned to the Original Parcel: (i) identify the Maximum Special Tax that was assigned to each of the
Expected Land Uses on the Parcel, (ii) divide the Maximum Special Tax for each Land Use Class by the Net Taxable
Acreage of each Land Use Class actually created by the
Subdivision Map, and (iii) multiply the per-acre Maximum Special Tax calculated in (ii) by the Net Taxable Acreage of each Land Use Class on each Successor Parcel to determine the Maximum Special Tax for each Parcel.
If the Land Use Classes on a Successor Parcel or Parcels are different than the Expected Land Uses for that Parcel(s) and such difference would result in a reduction in the Maximum Special Tax assigned to the Original Parcel for any Special #7..
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City of Modesto CFD No. 2004-1 11 December 10, 2004
Tax Category, the Maximum Special Tax assigned to the
Original Parcel shall either be distributed equally on a peracre basis to the Successor Parcels or, if multiple Land Use Classes are created by the Subdivision Map, the Maximum Special Tax from the Original Parcel shall be distributed to each Land Use Class so that the per-acre tax for each Land Use Class has the same proportional relationship as the PerAcre Special Taxes in Table 1 above.
If, after subdivision of an Original Parcel, a Successor Parcel is further subdivided, the Successor Parcel shall be treated as an Original Parcel for purposes of allocating Maximum Special Taxes pursuant to Section C.2a, C.2b, or C.2c, as appropriate. c. Some, But Not All, Successor Parcels are Single Family Detached Lots If a Subdivision Map divides an Original Parcel into Successor Parcels, of which some are Single Family Detached Lots and some are not, the Administrator shall (i) break out the Net Taxable Acreage of Low Density Residential Property and/or Village Residential Property separately from the Net Taxable Acreage of other Land Use Classes, (ii) for the Low Density Residential Property and/or Village Residential Property created by the Subdivision Map, apply the steps in Section C.2a to determine the Maximum Special Taxes for each Single Family Detached Lot, and (iii) apply the steps in Section C.2b above to determine the Maximum Special Taxes for Land Use Classes other than Low Density Residential Property and Village Residential Property.
If, after subdivision of an Original Parcel, a Successor Parcel is further subdivided, the Successor Parcel shall be treated as an Original Parcel for purposes of allocating Maximum Special Taxes pursuant to Section C.2a, C.2b, or C.2c, as appropriate.
After each reallocation of the Maximum Special Taxes upon subdivision or reconfiguration of Original Parcels, the sum of the Maximum Special Taxes assigned to Successor Parcels shall never be less, but may be more, than the Maximum Special Taxes assigned to the Original Parcels prior to such reallocation.
D. ESCALATION OF MAXIMUM SPECIAL TAXES
1. One-Time Facilities Special Tax
Beginning in January 2005 and each January thereafter, the Maximum One-Time Facilities Special Tax assigned to each Parcel and the Per-Acre Special Tax shown in Table 1 above shall be adjusted annually by the greater of (i) the percentage increase, if any, in the construction cost index for the San Francisco region for the prior twelve (12) month period as published in the Engineering News Record or other comparable source #7..
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City of Modesto CFD No. 2004-1 12 December 10, 2004
if the Engineering News Record is discontinued or otherwise not available, or (ii) four percent (4.0%). Each annual adjustment of the One-Time Facilities Special Tax shall become effective on the subsequent July 1.
2. Annual Facilities Special Tax
Beginning in Fiscal Year 2005-06, and each Fiscal Year thereafter, the Maximum Annual Facilities Special Tax assigned to each Parcel and the Per-Acre Special Tax shown in Table 1 above shall be increased by two percent (2%) of the amount in effect in the prior Fiscal Year.
3. Annual Maintenance Special Tax
Beginning in January 2005 and each January thereafter, the Maximum Annual Maintenance Special Tax assigned to each Parcel and the Per-Acre Special Tax shown in Table 1 above shall be adjusted annually by the greater of (i) the percentage increase, if any, in the construction cost index for the San Francisco region for the prior twelve (12) month period as published in the Engineering News Record or other comparable source if the Engineering News Record is discontinued or otherwise not available, or (ii) four percent (4.0%). Each annual adjustment of the Maximum Annual Maintenance Special Tax shall become effective on the subsequent July 1.
E. METHOD OF LEVY OF THE SPECIAL TAX
1. One-Time Facilities Special Tax
The Maximum One-Time Facilities Special Tax determined pursuant to Sections C and D above shall be levied on all Taxable Property in CFD No. 2004-1 and shall be collected as set forth in Section F below.
2. Annual Facilities Special Tax
Commencing with Fiscal Year 2004-05 and for each following Fiscal Year, the Administrator shall determine the Annual Facilities Special Tax Requirement for the Fiscal Year. The Annual Facilities Special Tax shall then be levied on all Parcels of Taxable Property in CFD No. 2004-1 as follows:
Step 1: The Annual Facilities Special Tax shall be levied Proportionately on each Parcel of Developed Property within the CFD up to 100% of the Maximum Annual Facilities Special Tax for each Parcel for such Fiscal Year until the amount levied on Developed Property is equal to the Special Tax Requirement prior to applying any Capitalized Interest that is available in the CFD accounts;
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City of Modesto CFD No. 2004-1 13 December 10, 2004
Step 2: If additional revenue is needed after Step 1, and after applying Capitalized Interest to the Annual Facilities Special Tax Requirement, the Annual Facilities Special Tax shall be levied Proportionately on each Assessor’s Parcel of Undeveloped Property within the CFD, up to 100% of the Maximum Annual Facilities Special Tax for each Parcel of Undeveloped Property for such Fiscal Year;
Step 3: If additional revenue is needed after applying the first two steps, the Annual Facilities Special Tax shall be levied Proportionately on each Assessor’s Parcel of Taxable Public Property, up to 100% of the Maximum Annual Facilities Special Tax assigned to each Parcel of Taxable Public Property.
3. Annual Maintenance Special Tax
Commencing with Fiscal Year 2004-05 and for each following Fiscal Year, the Administrator shall determine the Maintenance Special Tax Requirement for the Fiscal Year.
The Annual Maintenance Special Tax shall then be levied on all Parcels of Taxable Property as follows:
Step 1: The Annual Maintenance Special Tax shall be levied Proportionately on each Parcel of Developed Property within the CFD up to 100% of the Maximum Annual Maintenance Special Tax for each Parcel for such Fiscal Year; Step 2: If additional revenue is needed after Step 1, the Annual Maintenance Special Tax shall be levied Proportionately on each Assessor’s Parcel of Undeveloped Property within the CFD, up to 100% of the Maximum Annual Maintenance Special Tax for each Parcel of Undeveloped Property for such Fiscal Year;
Step 3: If additional revenue is needed after applying the first two steps, the Annual Maintenance Special Tax shall be levied Proportionately on each Assessor’s Parcel of Taxable Public Property, up to 100% of the Maximum Annual Maintenance Special Tax assigned to each Parcel of Taxable Public Property.
F. COLLECTION OF SPECIAL TAX
The Maximum One-Time Facilities Special Tax shall be collected prior to a building permit being issued for new construction of any residential or non-residential structure on Taxable Property within CFD No. 2004-1, and shall be immediately delinquent if not so paid.
The Annual Facilities Special Tax and Annual Maintenance Special Tax for CFD No. 2004-1 shall be collected in the same manner and at the same time as ordinary ad valorem property taxes, provided, however, that prepayments are permitted as set forth in Section H below and provided further that the City may directly bill, collect at a different time or in a different manner, and/or #7..
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City of Modesto CFD No. 2004-1 14 December 10, 2004
collect delinquent Annual Facilities Special Taxes and Annual Maintenance Special Taxes through foreclosure or other available methods.
The Annual Facilities Special Tax shall be levied and collected until principal and interest on Bonds have been repaid, costs of constructing or acquiring Authorized Facilities from Annual Facilities Special Tax proceeds have been paid, and all Administrative Expenses have been reimbursed.
However, in no event shall an Annual Facilities Special Tax be levied after Fiscal Year 2060-61.
The Annual Maintenance Special Tax will continue to be levied and collected unless and until the City determines that the Annual Maintenance Special Tax no longer needs to be levied to pay Authorized Services of the CFD and all Administrative Expenses have been reimbursed. Under no circumstances may the Annual Facilities Special Tax on one Parcel in the CFD be increased by more than ten percent (10%) as a consequence of delinquency or default in payment of the Annual Facilities Special Tax levied on another Parcel or Parcels in the CFD.
G. EXEMPTIONS
Notwithstanding any other provision of this Rate and Method of Apportionment of Special Taxes, no Special Taxes shall be levied on Public Property, except Taxable Public Property, as defined herein.
H. PREPAYMENT OF SPECIAL TAX
The following definitions apply to this Section H:
“Outstanding Bonds” means all Previously Issued Bonds which remain outstanding, with the following exception: if an Annual Facilities Special Tax has been levied against, or already paid by, an Assessor’s Parcel making a prepayment, and a portion of the Annual Facilities Special Tax will be used to pay a portion of the next principal payment on the Bonds that remain outstanding (as determined by the Administrator), that next principal payment shall be subtracted from the total Bond principal that remains outstanding, and the difference shall be used as the amount of Outstanding Bonds for purposes of this prepayment formula.
“Previously Issued Bonds” means all Bonds that have been issued on behalf of the CFD prior to the date of prepayment.
“Public Facilities Requirements” means either $14,100,000 in 2004 dollars, which shall increase on January 1, 2005, and on each January 1 thereafter by the percentage increase, if any, in the construction cost index for the San Francisco region for the prior twelve (12) month period as published in the Engineering News Record or other comparable source if the Engineering News Record is discontinued or otherwise not available, or such other number as shall be determined by the City as sufficient to fund Authorized Facilities. The Public Facilities Requirements shown above shall be adjusted or a separate Public Facilities #7..
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City of Modesto CFD No. 2004-1 15 December 10, 2004
Requirements identified each time property annexes into CFD No. 2004-1; at no time shall the added Public Facilities Requirement for the annexation area exceed the amount of public improvement costs that are expected to be supportable by the Maximum Annual Facilities Special Tax generated within that annexation area.
“Remaining Facilities Costs” means the Public Facilities Requirements (as defined above), minus costs of Authorized Facilities funded by Outstanding Bonds (as defined above), developer equity, and/or any other source of funding.
The Annual Facilities Special Tax obligation applicable to an Assessor’s Parcel in the CFD may be prepaid and the obligation of the Assessor’s Parcel to pay the Annual Facilities Special Tax permanently satisfied as described herein, provided that a prepayment may be made only if there are no delinquent Annual Facilities Special Taxes with respect to such Assessor’s Parcel at the time of prepayment. The Annual Maintenance Special Tax may not be prepaid. An owner of an Assessor’s Parcel intending to prepay the Annual Facilities Special Tax obligation shall provide the City with written notice of intent to prepay. Within 30 days of receipt of such written notice, the City or its designee shall notify such owner of the prepayment amount for such Assessor’s Parcel. Prepayment must be made not less than 75 days prior to any redemption date for Bonds to be redeemed with the proceeds of such prepaid Annual Facilities Special Taxes. The Prepayment Amount shall be calculated as follows: (capitalized terms as defined below):
Bond Redemption Amount
plus Remaining Facilities Amount
plus Redemption Premium
plus Defeasance Requirement
plus Administrative Fees and Expenses
less Reserve Fund Credit
equals Prepayment Amount
As of the proposed date of prepayment, the Prepayment Amount shall be determined by application of the following steps:
Step 1. Compute the total Maximum Annual Facilities Special Tax that could be collected from the Assessor’s Parcel prepaying the Annual Facilities Special Tax in the Fiscal Year in which prepayment would be received by the City.
Step 2. Divide the Maximum Annual Facilities Special Tax from Step 1 by the total amount that could be collected if the Maximum Annual Facilities Special Tax was levied on all Parcels of Taxable Property in the CFD.
Step 3. Multiply the quotient computed pursuant to Step 2 by the Outstanding Bonds to compute the amount of Outstanding Bonds to be retired and prepaid (the “Bond Redemption Amount”).
Step 4. Compute the current Remaining Facilities Costs (if any). #7..
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City of Modesto CFD No. 2004-1 16 December 10, 2004
Step 5. Multiply the quotient computed pursuant to Step 2 by the amount determined pursuant to Step 4 to compute the amount of Remaining Facilities Costs to be prepaid (the “Remaining Facilities Amount”).
Step 6. Multiply the Bond Redemption Amount computed pursuant to Step 3 by the applicable redemption premium, if any, on the Outstanding Bonds to be redeemed (the “Redemption Premium”).
Step 7. Compute the amount needed to pay interest on the Bond Redemption Amount starting with the first Bond interest payment date after which the prepayment has been received until the earliest redemption date for the Outstanding Bonds, which, depending on the Bond offering document, may be as early as the next interest payment date.
Step 8: Compute the amount of interest the City reasonably expects to derive from reinvestment of the Bond Redemption Amount plus the Redemption Premium from the first Bond interest payment date after which the prepayment has been received until the redemption date for the Outstanding Bonds.
Step 9: Take the amount computed pursuant to Step 7 and subtract the amount computed pursuant to Step 8 (the “Defeasance Requirement”).
Step 10. Determine the costs of computing the prepayment amount, the costs of redeeming Bonds, and the costs of recording any notices to evidence the prepayment and the redemption (the “Administrative Fees and Expenses”).
Step 11. If and to the extent so provided in the indenture pursuant to which the Outstanding Bonds to be redeemed were issued, a reserve fund credit shall be calculated as a reduction in the applicable reserve fund for the Outstanding Bonds to be redeemed pursuant to the prepayment (the “Reserve Fund Credit”).
Step 12. The Annual Facilities Special Tax prepayment is equal to the sum of the amounts computed pursuant to Steps 3, 5, 6, 9, and 10, less the amount computed pursuant to Step 11 (the “Prepayment Amount”).
If an owner that has prepaid the Annual Facilities Special Tax obligation assigned to a Parcel subsequently rezones the Parcel to a Land Use Class that has a higher Per-Acre Annual Facilities Special Tax, the City may in its sole discretion and as a condition of approval of the rezoning, collect the additional Annual Facilities Special Tax prepayment that would have applied had the Parcel been rezoned at the time of the original prepayment for the Parcel. #7..
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City of Modesto CFD No. 2004-1 17 December 10, 2004
I. INTERPRETATION OF SPECIAL TAX FORMULA
The City reserves the right to make minor administrative and technical changes to this document that does not materially affect the Rate and Method of Apportionment of Special Taxes. In addition, the interpretation and application of any section of this document shall be left to the City’s discretion.
Interpretations may be made by the City by ordinance or resolution for purposes of clarifying any vagueness or ambiguity in this Rate and Method of Apportionment of Special Taxes. #7..
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APN: 077-008-036
+/-14.603 AC NET
APN: 077-008-037
+/-19.091 AC NET
SHEET 1 OF 1 SHEET
DF ENGINEERING,INC. CIVIL ENGINEERING AND SURVEYIN
3421 TULLY ROAD· SUITE J· MODESTO, CA 95350 TELEPHONE (209) 529-7450 · EMAIL [email protected] PROPOSED ANNEXATION BOUNDARY (+/- 33.694 AC NET TOTAL)
LINE LEGEND
PARCEL LINE WITHIN ANNEXATION BOUNDARY
ROAD RIGHT OF WAY
NEIGHBORS' PARCEL LINE
SCOTT THOMAS DELAMARE LS 8078
SIGNED:
DATE
November 15, 2023
PROPOSED BOUNDARIES OF ANNEXATION NO. 2 0
CITY OF MODESTO COMMUNITY FACILITIES DISTRICT NO. 2004-1 (VILLAGE ONE #2 )
CITY OF MODESTO, COUNTY OF STANISLAUS, STATE OF CALIFORNIA SCALE: 1" = 150' November 15, 2023
ORCHARD
KODIAK DRIVE
VENTANA VIEW WAY
LA PLAYA
LANE
FLOYD AVENUE OAKDALE ROAD PARK WAY GRAPHIC SCALE
0 75 150 300 450
SCALE 1"= 150'
COUNTY RECORDER'S STATEMENT
FILED THIS ________ DAY OF ___________________ , 20_____ , AT ___________________ O'CLOCK ___. M. IN BOOK _____________ OF MAPS OF ASSESSMENT AND COMMUNITY FACILITIES DISTRICTS AT PAGE _____________ IN THE OFFICE OF THE COUNTY RECORDER OF THE COUNTY OF STANISLAUS, STATE OF CALIFORNIA.
FEE $ ___________________ PAID INSTRUMENT NO.: _____________________________________________ DONNA LINDER BY: _______________________________________________ , DEPUTY STANISLAUS COUNTY RECORDER PRINT NAME:_______________________________________________
CITY CLERK'S STATEMENTS
I HEREBY CERTIFY THAT THIS MAP SHOWING THE PROPOSED BOUNDARIES OF ANNEXATION N TO CITY OF MODESTO COMMUNITY FACILITIES DISTRICT NO. 2004-1 (VILLAGE ONE #2),
CITY OF MODESTO, COUNTY OF STANISLAUS, STATE OF CALIFORNIA, WAS APPROVED BY
THE CITY COUNCIL OF THE CITY OF MODESTO AT A REGULAR MEETING THEREOF, HELD ON THE ________ DAY OF ___________________ , 20_____ , BY ITS RESOLUTION NO. ___________________________________ . DIANE NAYARES-PEREZ, CITY CLERK BY: ___________________________________________ (SIGNATURE) _________________________________________________________________________
PRINT NAME AND TITLE
FILED IN THE OFFICE OF THE CITY CLERK OF THE CITY OF MODESTO IN RECORDABLE FOR THIS ________ DAY OF ___________________ , 20_____ , DIANE NAYARES-PEREZ, CITY CLERK BY: ___________________________________________ (SIGNATURE) _________________________________________________________________________
PRINT NAME AND TITLE
N.T.S.
SITE
VICINITY MAP SALONIE LANE
NOTE
THIS IS A MAP OF THE AREA TO BE ANNEXED TO THE CITY OF MODESTO COMMUNITY FACILITIES DISTRICT NO. 2004-1 (VILLAGE ONE #2), CITY OF MODESTO, COUNTY OF STANISLAUS, STATE OF CALIFORNIA, THE CONSOLIDATIO FOR WHICH WAS RECORDED NOVEMBER 23, 2005, IN BOOK 4 OF MAPS OF ASSESSMENT AND COMMUNITY FACILITIES DISTRICTS AT PAGE 33, IN THE OFFICE OF THE COUNTY RECORDER OF THE COUNTY OF STANISLAUS, STATE OF CA THE ORIGINAL DISTRICT BOUNDARY MAP WAS RECORDED ON MARCH 16, 2004, IN BOOK 3 OF MAPS OF ASSESSMENT AND COMMUNITY FACILITIES DISTRICTS, AT PAGE 85, IN THAT OFFICE.
A MAP OF ANNEXATION NO. 11 TO THE DISTRICT WAS RECORDED ON FEBRUARY 9, 2006, IN BOOK 4 OF MAPS OF ASSESSMENT AND COMMUNITY FACILITIES DISTRICTS, AT PAGE 36, IN THAT OFFICE.
A MAP OF ANNEXATION NO. 12 TO THE DISTRICT WAS RECORDED ON APRIL 26, 2006, IN BOOK 4 OF MAPS OF ASSESSMENT AND COMMUNITY FACILITIES DISTRICTS, AT PAGE 42, IN THAT OFFICE.
A MAP OF ANNEXATION NO. 13 TO THE DISTRICT WAS RECORDED ON SEPTEMBER 8, 2006, IN BOOK 4 OF MAPS OF ASSESSMENT AND COMMUNITY FACILITIES DISTRICTS, AT PAGE 57, IN THAT OFFICE.
A MAP OF ANNEXATION NO. 14 TO THE DISTRICT WAS RECORDED ON MAY 29, 2008, IN BOOK 4 OF MAPS OF ASSESSMENT AND COMMUNITY FACILITIES DISTRICTS, AT PAGE 98, IN THAT OFFICE.
A MAP OF ANNEXATION NO. 15 TO THE DISTRICT WAS RECORDED ON NOVEMBER 4, 2016, IN BOOK 5 OF MAPS OF ASSESSMENT AND COMMUNITY FACILITIES DISTRICTS, AT PAGE 52, IN THAT OFFICE.
A MAP OF ANNEXATION NO. 16 TO THE DISTRICT WAS RECORDED ON NOVEMBER 9, 2017, IN BOOK 5 OF MAPS OF ASSESSMENT AND COMMUNITY FACILITIES DISTRICTS, AT PAGE 67, IN THAT OFFICE.
A MAP OF ANNEXATION NO. 17 TO THE DISTRICT WAS RECORDED ON JUNE 11, 2019, IN BOOK 5 OF MAPS OF ASSESSMENT AND COMMUNITY FACILITIES DISTRICTS, AT PAGE 87, IN THAT OFFICE.
A MAP OF ANNEXATION NO. 18 TO THE DISTRICT WAS RECORDED ON JUNE 10, 2020, IN BOOK 6 OF MAPS OF ASSESSMENT AND COMMUNITY FACILITIES DISTRICTS, AT PAGE 5, IN THAT OFFICE.
A MAP OF ANNEXATION NO. 19 TO THE DISTRICT WAS RECORDED ON APRIL 16, 2021, IN BOOK 6 OF MAPS OF ASSESSMENT AND COMMUNITY FACILITIES DISTRICTS, AT PAGE 19, IN THAT OFFICE. #7..