César E. Chavez Park Renovation Project was selected for funding and on March 26, 2020, the City Manager signed the grant agreement on behalf of the City awarding the City of Modesto $8.5 million dollars for the renovation of César E. Chavez Park.
On November 10, 2020, Council approved a Design Agreement with O’Dell Engineering for the preparation of the construction documentation for this project, for an amount not to exceed $795,669. This project will provide a complete renovation of César E. Chávez Park, including the construction of an aquatics facility, skate plaza, building expansion, basketball court, soccer field, restroom, picnic area, landscaping, lighting, security cameras, walking paths and other general park amenities.
Since 2021, staff have worked with the Consultant and stakeholders to design a project that would meet the needs and wants of the community, Prop 68 grant requirements, and is fiscally responsible and viable. In 2022, it became evident that the project could exceed the $8.5 million award as the cost of goods and services escalated and the availability of such delayed in a post-pandemic business climate. In 2023 and 2024, additional funding was budgeted to the project from the American Rescue Plan Act (ARPA) funds, Measure H funds, cost-savings from completed department projects, and funding transfers from other park projects that will be delayed to Fiscal Year 2025-2026.
Project delays occurred due to insufficient staffing to manage consultant contracts and an exceptionally heavy project workload. After the design agreement was awarded, 50% of the division positions became vacant. Additionally, aquatic and youth center design challenges and aquatic program assessment requirements further stalled the project.
DISCUSSION:
The project was advertised for bids on April 30, 2024. Bids were publicly opened on June 11, 2024, pursuant to City Charter Section 1307, and five bids were received. Harris Builders, Inc., of Hilmar, CA., was determined to be the responsible bidder with the lowest responsive bid. The bid tabulation is attached, and a summary of the bids is below:
The bid analysis is:
Number of bids received 5
Number of bids within 10% of engineer’s estimate 0
Number of bids above the engineer’s estimate 5
Number of bids below the engineer’s estimate 0
Percent low bid is above the engineer’s estimate 54.54% Harris Builders, Inc., of Hilmar, CA, was 54.54% above the engineer’s estimate. The next lowest bid was 65.85% above the engineer’s estimate. The highest bid was 103.99% above the engineer’s estimate. Given the project’s complexity and the associated costs, bids received were significantly higher than expected by City staff and design consultant.
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. The award of contract for the construction of the César E. Chávez Park Renovation Project, to Harris Builders, Inc., of Hilmar, CA, conforms to the Modesto Municipal Code because the City complied with the formal bid procedures and Harris Builders, Inc., was the lowest responsive and responsible bidder.
#21..
- 931 -
City Council, September 10, 2024
Award Construction Contract for César E. Chávez Park Renovation Project
The City’s “Change Order Approval Policy” enacted by Council Resolution No. 1994-443 on July 19, 1994, revised on July 9, 2019, by Council Resolution No. 2019-326, and revised a second time on September 12, 2023, by Council Resolution No. 2023-405, established a contract change order authority of 8% for construction contracts over $10,000,000. Due to funding availability, staff is requesting the Engineering Services Director’s Authority to issue change orders of 6% ($847,860) of the construction contract amount.
While the contingency policy is utilized for each construction contract awarded by the City, it is not written into each contract, nor is it a guaranteed amount included in the final compensation to the contractor. Prior to bidding a project, staff works diligently to ensure that all projects and bid packages contain well-defined scopes of work and that all projects stay within budget.
Considering the size and complexity of the project, staff recommends utilizing consultants to provide Construction Management and Inspection Services. On November 3, 2023, a Request for Proposals (RFP) was issued for the César E. Chávez Park Renovation Project, to the City’s four prequalified firms who provide Construction Management and Inspection Services. Staff received proposals from one firm.
In accordance with City’s Administrative Directive 3.1 “Selection Procedures for Professional Consultants Who Provide Architectural and Engineering Services for Capital Projects”, an RFP was initiated and TRC Engineers, Inc. was selected as the most qualified firm for the César E.
Chávez Park Renovation.
Therefore, staff is requesting approval of an agreement with TRC Engineers, Inc., in the amount of $837,014, plus $80,097 in additional services (if needed), for a total amount not to exceed $917,111.
FISCAL IMPACT:
Funding for this project is budgeted in Capital Improvement Program (CIP) account #101276 (César E. Chávez Park Renovation). In addition to the American Rescue Plan Act (ARPA) funding currently allocated to this project, the project will require a budget adjustment reallocating the below listed additional ARPA funds to this project.
ARPA Project
Reason for
Reallocation Amount
Dr. Martin Luther King Jr. Park Renovation Timeline Constraints $ 1,400,000 Mary Grogan Turf Replacement Timeline Constraints $ 919,652 Completed Deferred Maintenance Projects Remaining Funds $ 61,690 Total Funding $ 2,381,342
Furthermore, an additional $600,000 of Parks and Air Quality Capital Facilities Fees (CFF) and $1,500,000 of fiscal year 2023-2024 Measure H reallocated from Mary Grogan Turf Replacement. The remaining amount of $1,061,133 required to complete the project will be funded through Measure H carryover. The project’s revenue and expense budget shall be as outlined below:
Funding Sources
Proposition 68 Funding $ 8,500,000
#21..
- 932 -
City Council, September 10, 2024
Award Construction Contract for César E. Chávez Park Renovation Project
ARPA Funds $ 5,448,883
Measure H (Reallocated from Mary Grogan Turf Replacement) $ 1,500,000 Parks & Air Quality CFF $ 600,000
Measure H Carryover $ 1,061,133
Total Funding $ 17,110,016
Project Budget
Construction $ 14,130,993
Construction Contingency (6%) $ 847,860
Construction Management & Inspections Services $ 837,014 Construction Management & Inspections Services Contingency $ 80,097 Construction Administration – City Staff (1%) $ 141,310 Bid/Design Support During Construction (.5%) $ 70,655
Engineering/Design/Admin (previously spent/committed) $ 1,002,087 Total Cost $ 17,110,016
COMMITTEE RECOMMENDATION:
Due to the time constraints on this project, the item was not presented before a Council Committee.
CEQA/NEPA REQUIREMENTS:
An Initial Study, Environmental Assessment No. EA/PRN 2019-06 found that the project is within the scope of the project covered by the Modesto Urban Area General Plan Master Environmental Impact Report (SCH No. 2014042081) and no new environmental document or Public Resources Code Section 21081 findings are required.
RECOMMENDED COUNCIL ACTION:
Staff Recommendations:
Resolution approving the Plans and Specifications for the César E. Chávez Park Renovation Project, accepting the Bid and Awarding a Construction Contract to Harris Builders, Inc., of Hilmar, CA, in the amount of $14,130,993, authorizing $847,860, in contingency (if needed), for a total payment amount not to exceed $14,978,853 and authorizing the City Manager, or his designee, to execute the Agreement.
Resolution approving an agreement with TRC Engineering, Inc, of Lathrop, CA, for Construction Management and Inspection Services for the César E. Chávez Park Renovation in the amount of $837,014, plus $80,097 in additional services, if needed, for a total amount not to exceed $917,111 and authorizing the City Manager, or his designee, to execute the Agreement.
Resolution approving the City’s Pandemic Recovery Strategy, Modesto Forward, for the reallocation of American Rescue Plan Act Funds for the César E. Chávez Park Renovation Project and authorizing the City Manager, or his designee, to carry out the necessary steps to implement the programs and funding allocation.
Resolution amending the Fiscal Year 2024-25 Capital Improvement Program budget to fund Project #101276 (Chavez Park Renovation) in an amount not to exceed $2,100,000 in transfers, revenue, and to budget expenditures to fund the project, and authorizing the City Manager, or his designee, to implement the provisions of this resolution. #21..
- 933 -
City Council, September 10, 2024
Award Construction Contract for César E. Chávez Park Renovation Project
Approved by:
Jeremy Rogers, Director of Parks, Recreation and
Neighborhoods Manager
Joseph P. Lopez, City Manager
Attachments:
1. Resolutions
2. Construction Contract – Harris Builders, Inc.
3. Bid Results
4. Construction Management & Inspection Services Agreement – TRC Engineering, Inc. #21..
- 934 -
09/10/2024/PRN/NHoux/Item XX 1 2024-XX
MODESTO CITY COUNCIL
RESOLUTION NO. 2024-
RESOLUTION APPROVING THE PLANS AND SPECIFICATIONS FOR THE CÉSAR E. CHÁVEZ PARK RENOVATION PROJECT, ACCEPTING THE BID
AND AWARDING A CONSTRUCTION CONTRACT TO HARRIS BUILDERS, INC., OF HILMAR, CA, IN THE AMOUNT OF $14,130,993, AUTHORIZING $847,860, IN CONTINGENCY (IF NEEDED), FOR A TOTAL PAYMENT AMOUNT NOT TO EXCEED $14,978,853 AND AUTHORIZING THE CITY
MANAGER, OR HIS DESIGNEE, TO EXECUTE THE AGREEMENT
WHEREAS, Proposition 68 authorized $4 billion in general obligation bonds for state and local parks, environmental protection and restoration projects, water infrastructure projects, and flood protection projects, and WHEREAS, the California State Department of Parks and Recreation received approximately $650 million in funding from Proposition 68 and awarded grants totaling $250 Million in round three of funding, and
WHEREAS, on July 9, 2019, by Resolution No. 2019-333, Council authorized staff to move forward with the submission of a grant application for the renovation of César E. Chavez Park and authorized the City Manager to accept the grant award on behalf of the City, and
WHEREAS, on February 20, 2020, staff received notification from the California State Department of Parks and Recreation that the César E. Chavez Park Renovation Project was selected for funding and on March 26, 2020, the City Manager signed the grant agreement on behalf of the City awarding the City of Modesto $8.5 Million Dollars for the renovation of César E. Chavez Park, and
WHEREAS, the project will provide a complete renovation of César E. Chavez Park, including the construction of an aquatics facility, skate plaza, building expansion, basketball court, soccer field, restroom, picnic area, landscaping, lighting, security #21..
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09/10/2024/PRN/NHoux/Item XX 2 2024-XX
cameras, walking paths and other general park amenities, and WHEREAS, the project was advertised for bids on April 30, 2024, and WHEREAS, bids were publicly opened on June 11, 2024, pursuant to City Charter Section 1307, and five bids were received, and
WHEREAS, Harris Builders, Inc., of Hilmar, CA, was determined to be the responsible bidder with the lowest responsive bid, and
WHEREAS, Modesto Municipal Code Section 8-3.203 generally requires all purchases, which meet or exceed $100,000 for material, equipment, or contractual services to be formally bid, and
WHEREAS, the award of contract for the construction of the César E. Chávez Park Renovation Project, to Harris Builders, Inc., of Hilmar, CA, conforms to Modesto Municipal Code, 8-3.203, and
WHEREAS, staff recommends awarding the contract to Harris Builders, Inc., of Hilmar, CA.
NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Modesto that it hereby approves the plans and specifications for the César E. Chávez Park Renovation Project, accepts the Bid and awards a construction contract to Harris Builders, Inc., of Hilmar, CA, in the amount of $14,130,993 plus $847,860 in contingency (if needed), for a total amount not to exceed $14,978,853.
BE IT FURTHER RESOLVED that the City Manager, or his designee, is hereby authorized to execute the contract, in a form approved by the City Attorney. #21..
- 936 -
08/27/2024/PRN/NHoux/Item XX 3 2024-XX
The foregoing resolution was introduced at a regular meeting of the Council of the City of Modesto held on the 10th day of September 2024, by Councilmember , who moved its adoption, which motion being duly seconded by Councilmember , was upon roll call carried and the resolution adopted by the following votes:
AYES: Councilmembers:
NOES: Councilmembers:
ABSENT: Councilmembers:
ATTEST: ________________________________
DIANE NAYARES-PEREZ, CMC,
City Clerk
(SEAL)
APPROVED AS TO FORM:
BY: _____________________________________
JOSE M. SANCHEZ, City Attorney
#21..
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09/10/2024/PRN/NHoux/Item XX 1 2024-XXX
MODESTO CITY COUNCIL
RESOLUTION NO. 2024-
RESOLUTION APPROVING AN AGREEMENT WITH TRC ENGINEERING,
INC, OF LATHROP, CA, FOR CONSTRUCTION MANAGEMENT AND
INSPECTION SERVICES FOR THE CÉSAR E. CHÁVEZ PARK RENOVATION IN THE AMOUNT OF $837,014, PLUS $80,097 IN ADDITIONAL SERVICES, IF NEEDED, FOR A TOTAL AMOUNT NOT TO EXCEED $917,111 AND
AUTHORIZING THE CITY MANAGER, OR HIS DESIGNEE, TO EXECUTE
THE AGREEMENT
WHEREAS, due to the size and complexity of the César E. Chávez Park Renovation Project, staff recommends utilizing a consultant to provide Construction Management and Inspection Services, and
WHEREAS, on August 22, 2023, by Resolution No. 2023-379, Council approved a pre-qualified consultant list for Construction Management and Inspection Services for various Capital Improvement Program projects, and
WHEREAS, on November 3, 2023, a Request for Proposals (RFP) was issued for the Cesar E. Chavez Park Renovation Project, to the City’s four pre-qualified consultants who provide Construction Management and Inspection Services, and WHEREAS, staff received proposals from one firm, and
WHEREAS, in accordance with City’s Administrative Directive 3.1 “Selection Procedures for Professional Consultants Who Provide Architectural and Engineering Services for Capital Projects”, TRC Engineers, Inc. was selected as the most qualified firm for the Cesar E. Chavez Park Renovation Projects.
NOW, THEREFORE BE IT RESOLVED, by the Council of the City of Modesto that it hereby approves an Agreement with TRC Engineers, Inc., in the amount of $837,014, plus $80,097 in additional services (if needed), for a total amount not to exceed #21..
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09/10/2024/PRN/NHoux/Item XX 2 2024-XXX
$917,111 for Construction Management and Inspection Services for the Cesar E. Chavez Park Renovation Project.
BE IT FURTHER RESOLVED, that the City Manager, or his designee, is hereby authorized to execute the agreement in a form approved by the City Attorney. #21..
- 939 -
09/10/2024/PRN/NHoux/Item XX 3 2024-XXX
The foregoing resolution was introduced at a regular meeting of the Council of the City of Modesto held on the 10th day of September, 2024, by Councilmember , who moved its adoption, which motion being duly seconded by Councilmember , was upon roll call carried and the resolution adopted by the following votes:
AYES: Councilmembers:
NOES: Councilmembers:
ABSENT: Councilmembers:
ATTEST: ________________________________
DIANE NAYARES-PEREZ, CMC,
City Clerk
(SEAL)
APPROVED AS TO FORM:
BY: _____________________________________
JOSE M. SANCHEZ, City Attorney
#21..
- 940 -
09/10/2024/PRN/NHoux/Item XX 1 2024-XX
MODESTO CITY COUNCIL
RESOLUTION NO. 2024-
RESOLUTION APPROVING THE CITY’S PANDEMIC RECOVERY
STRATEGY, MODESTO FORWARD, FOR THE REALLOCATION OF
AMERICAN RESCUE PLAN ACT FUNDS FOR THE CÉSAR E. CHÁVEZ PARK
RENOVATION PROJECT AND AUTHORIZING THE CITY MANAGER, OR
HIS DESIGNEE, TO CARRY OUT THE NECESSARY STEPS TO IMPLEMENT
THE PROGRAMS AND FUNDING ALLOCATION
WHEREAS, in April 2021, President Biden signed into law the American Rescue Plan Act a $1.9 trillion emergency relief measure intended to provide relief to address the impact of COVID-19, and
WHEREAS, the American Rescue Plan Act is making available $45,897,056 to the City of Modesto to help address the local impact of COVID-19, and WHEREAS, the Treasury Department has released interim guidance to-date and considers the following 6 categories as allowable uses: Public Health Response, Address Negative Economic Impact, Supporting Hardest-Hit Communities and Families, Replacing Lost Public Sector Revenue, Investments in Water and Sewer Infrastructure, and Investments in Broadband, and
WHEREAS, on August 10, 2023, the Treasury Department released on its website the 2023 Interim Final Rule which implemented three new eligible uses authorized in the Consolidated Appropriations Act (CAA), 2023 which included Emergency Relief from Natural Disasters, Surface Transportation Projects and Title I projects, and WHEREAS, on May 25, 2021, by Resolution 2021-194, the City Council approved the original spending plan for the allocation made available in May 2021, and WHEREAS, under Resolution 2022-237 on July 12, 2022, Year 2 expenditure plan was approved based on soliciting priorities from the public and the Council at the #21..
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09/10/2024/PRN/NHoux/Item XX 2 2024-XX
three standing City Council Committees: Economic Development, Safety and Communities, and Finance, and
WHEREAS, Council approved under Resolution 2023-251, several ARPA programs to be reallocated to new or existing ARPA programs based on these new funding sources available for these programs such as Measure H and other grant funding sources, and
WHEREAS, Council approved under Resolution 2024-194, additional ARPA programs to be reallocated to new or existing ARPA programs based upon City staff determination that the programs would be unable to meet the obligation deadline or new funding sources were identified to fund these programs, and WHEREAS, as the Treasury obligation deadline of December 31, 2024, is closely approaching, City staff have determined the below ARPA programs will be unable to meet the obligation deadline or new funding sources have been identified to fund these programs; and below is summary of the Council approved ARPA program funds being proposed to be reallocated to the César E. Chávez Park Renovation Project, and ARPA Project
Reason for
Reallocation Amount
Dr. Martin Luther King Jr. Park
Renovation Timeline Constraints $ 1,400,000
Mary Grogan Turf Replacement Timeline Constraints $ 919,652 Completed Deferred
Maintenance Projects Remaining Funds $ 61,690
Total Funding $ 2,381,342
WHEREAS, staff evaluated that the César E. Chávez Park Renovation Project will comply with the eligible expenses based on the guidance that had been made available by the Treasury Department, and
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09/10/2024/PRN/NHoux/Item XX 3 2024-XX
WHEREAS, with the addition of $2,381,342, the total amount of ARPA funds allocated to the César E. Chávez Park Renovation project will total $5,448,883.
NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Modesto that it hereby approves the City’s Pandemic Recovery Strategy, Modesto Forward, for the reallocation of American Rescue Plan Act funds to the César E. Chávez Park Renovation Project and authorizing the City Manager, or his designee, to carry out the necessary steps to implement the programs and funding allocations. #21..
- 943 -
09/10/2024/PRN/NHoux/Item XX 4 2024-XX
The foregoing resolution was introduced at a regular meeting of the Council of the City of Modesto held on the 10th day of September, 2024, by Councilmember , who moved its adoption, which motion being duly seconded by Councilmember , was upon roll call carried and the resolution adopted by the following vote:
AYES: Councilmembers:
NOES: Councilmembers:
ABSENT: Councilmembers:
ATTEST: _______________________________________
DIANE NAYARES-PEREZ, CMC, City Clerk
(SEAL)
APPROVED AS TO FORM:
BY: ____________________________________
JOSE M. SANCHEZ, City Attorney
#21..
- 944 -
09/10/2024/PRN/NHoux/Item XX 1 2024-XX
MODESTO CITY COUNCIL
RESOLUTION NO. 2024-
RESOLUTION AMENDING THE FISCAL YEAR 2024-25 CAPITAL
IMPROVEMENT PROGRAM BUDGET TO FUND PROJECT #101276 (CHAVEZ PARK RENOVATION) IN AN AMOUNT NOT TO EXCEED $2,100,000 IN
TRANSFERS, REVENUE, AND TO BUDGET EXPENDITURES TO FUND THE
PROJECT, AND AUTHORIZING THE CITY MANAGER, OR HIS DESIGNEE,
TO IMPLEMENT THE PROVISIONS OF THIS RESOLUTION
WHEREAS, the City plans to renovate César E. Chavez Park, including the construction of an aquatics facility, skate plaza, building expansion, basketball court, soccer field, restroom, picnic area, landscaping, lighting, security cameras, walking paths and other general park amenities, and
WHEREAS, Measure H funding of $1,500,000 must be allocated to fund a portion of the project, and
WHEREAS, Parks & Air Quality Capital Facility Fund (CFF) funding of $600,000 must be allocated to fund a portion of the project, and WHEREAS, the Fiscal Year 2024-2025 Capital Improvement Budget must be amended to fund Project 101276 – Chavez Park Renovation in a total amount of $2,100,000 to establish transfers, recognize revenue, and increase expenditures.
NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Modesto that it hereby approves the amendments of the Fiscal Year 2024-2025 Capital Improvement Program Budget to fund project 101276 (Chavez Park Renovation) in an amount not to exceed $2,100,000 in transfers, revenue and to budget expenditures to fund the project.
BE IT FURTHER RESOLVED that the City Manager, or his designee, is hereby authorized to take the necessary steps to implement the provisions of this resolution. #21..
- 945 -
08/27/2024/PRN/NHoux/Item XX 2 2024-XX
The foregoing resolution was introduced at a regular meeting of the Council of the City of Modesto held on the 10th day of September 2024, by Councilmember , who moved its adoption, which motion being duly seconded by Councilmember , was upon roll call carried and the resolution adopted by the following votes:
AYES: Councilmembers:
NOES: Councilmembers:
ABSENT: Councilmembers:
ATTEST: ________________________________
DIANE NAYARES-PEREZ, CMC,
City Clerk
(SEAL)
APPROVED AS TO FORM:
BY: _____________________________________
JOSE M. SANCHEZ, City Attorney
#21..
- 946 -
A-1 City of Modesto
Cesar E. Chavez Park Renovation
CONTRACT
This Agreement, made and entered into in the City of Modesto, County of Stanislaus, State of California, this ______ day of ____________, 2024, by and between the City of Modesto, a municipal corporation of the State of California, hereinafter called City, and HARRIS BUILDERS, INC., a California corporation, hereinafter called Contractor, R E C I T A L S :
WHEREAS, the City Manager of the City of Modesto, authorized the call for bids, approved the Plans and Specifications prepared under the direction of the Director of Parks, Recreation & Neighborhoods Department for the CESAR E. CHAVEZ PARK RENOVATION project and directed the City Clerk to advertise for sealed bids for doing said work and providing that bids be submitted on the 11th day of June 2024; and
WHEREAS, the City Clerk, thereafter duly and regularly caused a notice to be published in the manner and for the time prescribed by law; and
WHEREAS, Contractor, pursuant to the provisions of said notice duly filed a bid with the City Clerk, a true copy of which is now on file in the office of the City Clerk of the City of Modesto, and is hereby referred to and by this reference made a part hereof as fully as if set forth at length herein; and
WHEREAS, all bids received pursuant to said notice were opened and examined and publicly declared at the time specified in said advertisement for bids and at a regular meeting of the City Council held on the ____ day of ____________, 2024 by Resolution 2024-____ the Council found and declared the bid of Contractor to be the lowest responsive bid and thereupon awarded a Contract to Contractor to do the Work referred to in the aforementioned Plans and Specifications.
NOW, THEREFORE, the parties hereto mutually agree as follows:
1. SCOPE OF WORK, hereinafter called the Work.
#21..
- 947 -
A-2 City of Modesto
Cesar E. Chavez Park Renovation
a. Contractor shall furnish all labor, materials and equipment necessary to complete the Work as specified in the Plans and Specifications entitled CESAR E. CHAVEZ PARK RENOVATION, City of Modesto, Parks, Recreation & Neighborhoods Department, Project Number 2024-10, and in strict accordance with the conditions of the complete Contract Documents. All incidental Work not included in the Contract Documents or specified herein which is necessary to complete the Work so as to provide the system described, or shown, shall be furnished and installed as part of this Agreement at no additional cost to the City. The Work shall be complete and ready for service as described in the Contract Documents to the satisfaction of the Director of Engineering Services.
b. Contractor shall do and perform the Work contemplated hereby in a good and workmanlike manner under the direction of and to the satisfaction of the Director of Engineering Services of the City of Modesto.
c. Contractor shall do and perform the Work contemplated hereby and shall furnish all labor, materials, tools and equipment therefore at the prices herein specified to, wit:
CONTRACTOR’S BID
Item
No. Item Description Unit of Measure
Estimated
Quantity
Unit Price
(Figures)
Total Price
(Figures)
1. Mobilization and Demobilization
(Max 5% of Total Base Bid)
LS 1 $508,244.80 $508,244.80
2. Site Grading (Rough / Fine) LS 1 $498,257.76 $498,257.76
3. Stormwater Pollution Prevention
Plan (SWPPP)
LS 1 $81,048.80 $81,048.80
4. Temporary Construction Fencing LS 1 $11,200.00 $11,200.00
5. Site Preparation (Clearing,
Grubbing, Demolition, & Disposal)
LS 1 $304,200.96 $304,200.96
6. Soil Import / Export LS 1 $112,000.00 $112,000.00
7. Tree Removal EA 65 $745.23 $48,439.95
8. Tree Protection LS 1 $11,200.00 $11,200.00
9. Storm Drain Tie-In EA 5 $2,852.42 $14,262.10
#21..
- 948 -
A-3 City of Modesto
Cesar E. Chavez Park Renovation
Item
No. Item Description Unit of Measure
Estimated
Quantity
Unit Price
(Figures)
Total Price
(Figures)
10. Storm Drain Drop Inlet EA 31 $3,530.53 $109,446.43
11. Storm Drain Inlet EA 24 $411.60 $9,878.40
12. Remove and Relocate Catch Basin EA 1 $8,291.36 $8,291.36
13. Adjust Existing Storm Drain
Manhole to Grade
EA 1 $1,940.96 $1,940.96
14. 48” Storm Drain Manhole EA 3 $13,311.20 $39,933.60
15. 8” Storm Drain Line LF 42 $319.20 $13,406.40
16. 6” Storm Drain Line LF 2,750 $36.74 $101,035.00
17. 4” Storm Drain Line LF 8 $72.80 $582.40
18. 6” Slot Drain LF 408 $284.83 $116,210.64
19. Trench Drain LF 228 $203.37 $46,368.36
20. Sewer Tie-In EA 2 $11,166.40 $22,332.80
21. 48” Sewer Manhole EA 2 $31,326.40 $62,652.80
22. Adjust Existing Sewer Manhole to
Grade
EA 2 $1,942.08 $3,884.16
23. Sanitary Sewer Cleanout EA 8 $1,719.20 $13,753.60
24. 8” Sanitary Sewer Line LF 97 $397.06 $38,514.82
25. 6" Sanitary Sewer Line LF 396 $77.28 $30,602.88
26. 4” Sanitary Sewer Line LF 169 $95.20 $16,088.80
27. 2” Sanitary Sewer Lines LF 7 $179.20 $1,254.40
28. Water Tie-in EA 7 $2,472.80 $17,309.60
29. Adjust Existing Water Utility Box
to Grade
EA 2 $1,252.16 $2,504.32
30. 4” Water Line LF 17 $474.88 $8,072.96
31. 3” Water Line LF 20 $262.08 $5,241.60
32. 2.5” Water Line LF 78 $163.52 $12,754.56
33. 2” Water Line LF 400 $67.20 $26,880.00
34. 1.5” Water Line LF 377 $56.00 $21,112.00
35. 1” Water Line LF 96 $133.28 $12,794.88
36. Backflow Preventer EA 1 $14,666.40 $14,666.40
37. Relocate FDC & PIV EA 1 $8,923.04 $8,923.04
38. Relocate Water Meter EA 4 $3,370.08 $13,480.32
39. Relocate Backflow Preventer EA 5 $5,107.20 $25,536.00
40. Gas Tie-in EA 1 $44,516.64 $44,516.64
41. 2” Gas Line LF 266 $74.57 $19,835.62
#21..
- 949 -
A-4 City of Modesto
Cesar E. Chavez Park Renovation
Item
No. Item Description Unit of Measure
Estimated
Quantity
Unit Price
(Figures)
Total Price
(Figures)
42. Biotreatment Area SF 4,541 $0.12 $544.92
43. 4" Reinforced Concrete Flatwork SF 27,175 $15.77 $428,549.75
44. 4" Concrete Flatwork SF 41,072 $12.88 $529,007.36
45. Asphalt - Basketball Court SF 4,700 $10.07 $47,329.00
46. Asphalt - Parking Lot SF 4,855 $9.75 $47,336.25
47. Full Depth HMA Replacement SF 1,504 $31.47 $47,330.88
48. Truncated Domes SF 436 $51.38 $22,401.68
49. 6" Concrete Flatwork SF 1,525 $14.96 $22,814.00
50. Swimming Pool Deck SF 8,915 $23.04 $205,401.60
51. Basketball Court - Plexiplave
Surfacing
SF 4,700 $3.92 $18,424.00
52. Basketball Court - Striping LS 1 $7,168.00 $7,168.00
53. Cobble at Curb Cuts SF 44 $28.00 $1,232.00
54. ADA Ramp (All Cases) EA 5 $3,360.00 $16,800.00
55. 4' Tall Wire Mesh Fence LF 1,231 $70.56 $86,859.36
56. 4' Tall x 10' Wide Wire Mesh Gate EA 2 $13,440.00 $26,880.00
57. 10' Tall Wire Mesh Fence LF 640 $571.20 $365,568.00
58. 10' Tall x 10' Wide Wire Mesh
Gate
EA 5 $16,800.00 $84,000.00
59. 48” Tall Sliding Gate EA 1 $21,280.00 $21,280.00
60. 10' Tall x 4' Wide Wire Mesh Gate EA 1 $8,848.00 $8,848.00
61. 6' Tall Wire Mesh Fence LF 685 $71.68 $49,100.80
62. 12" Concrete Mow Curb LF 2,210 $10.08 $22,276.80
63. Concrete Platform LS 1 $6,384.00 $6,384.00
64. 6" Vertical Concrete Curb LF 300 $42.65 $12,795.00
65. 6" Concrete Curb & Gutter LF 173 $51.79 $8,959.67
66. 4-1/2" Concrete Roll Curb LF 171 $56.00 $9,576.00
67. 6" Concrete Flush Curb LF 138 $66.55 $9,183.90
68. Driveway Approach EA 2 $8,400.00 $16,800.00
69. Concrete Valley Gutter LF 101 $111.17 $11,228.17
70. Parking Lot Signage & Striping LS 1 $8,288.00 $8,288.00
71. Concrete Wheel Stops EA 14 $112.00 $1,568.00
72. Digital Keypad for Gate EA 1 $2,632.00 $2,632.00
73. Traffic Spikes EA 1 $22,232.00 $22,232.00
74. Vehicular Barrier Arm EA 1 $11,144.00 $11,144.00
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Item
No. Item Description Unit of Measure
Estimated
Quantity
Unit Price
(Figures)
Total Price
(Figures)
75. Soccer Goals EA 2 $5,700.24 $11,400.48
76. Basketball Hoop EA 2 $5,175.52 $10,351.04
77. 30’x30’ Picnic Pavilion LS 1 $69,036.80 $69,036.80
78. 2-Person Incline Sit-Up Benches EA 1 $5,591.04 $5,591.04
79. 2-Person Push-Up & Dip Station EA 1 $5,591.04 $5,591.04
80. Parallel Fitness Bar Station EA 1 $5,591.04 $5,591.04
81. Bi-Level Drinking Fountain with
Dog Bowl and Bottle Filler
EA 1 $6,552.00 $6,552.00
82. Bi-Level Drinking Fountain with
Bottle Filler
EA 1 $5,320.00 $5,320.00
83. Restroom Building LS 1 $281,064.00 $281,064.00
84. Benches EA 12 $2,713.20 $32,558.40
85. Rectangular Picnic Table EA 6 $1,807.12 $10,842.72
86. Round Picnic Table EA 17 $2,217.93 $37,704.81
87. Trash Receptacles EA 22 $1,466.18 $32,255.96
88. Group BBQ EA 1 $2,419.20 $2,419.20
89. Chaise Lounge Chairs EA 26 $596.62 $15,512.12
90. Bike Rack EA 3 $1,082.67 $3,248.01
91. 8'x12' Cabana EA 4 $9,604.00 $38,416.00
92. 20'x20' Hip Roof Shade Structure EA 1 $17,954.72 $17,954.72
93. Permanent Bollards EA 38 $1,053.09 $40,017.42
94. Flexible Bollards EA 15 $560.00 $8,400.00
95. Deck Chair EA 60 $244.53 $14,671.80
96. Flag Pole EA 1 $7,291.20 $7,291.20
97. Pedestal Shower EA 3 $5,957.28 $17,871.84
98. Jumbo 4-To-Score EA 1 $3,360.00 $3,360.00
99. Corn Hole Boards - Set of 2 EA 2 $2,688.00 $5,376.00 100. Outdoor Table Tennis EA 2 $4,032.00 $8,064.00
101. Tree Grates EA 3 $1,680.00 $5,040.00
102. Park Entry Sign (with New
Footing)
EA 2 $1,792.00 $3,584.00
103. Service Table EA 1 $1,680.00 $1,680.00
104. Pool Umbrella with Ground Sleeve EA 20 $280.00 $5,600.00 #21..
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Cesar E. Chavez Park Renovation
Item
No. Item Description Unit of Measure
Estimated
Quantity
Unit Price
(Figures)
Total Price
(Figures)
105. Site Electrical (Electric Service,
Lighting, Picnic Pavilion,
Restroom, Etc.)
LS 1 $998,917.92 $998,917.92
106. Low Voltage System (CCTV,
Public Address, Access Control and
Data Cabling)
LS 1 $217,029.12 $217,029.12
107. Building and Aquatics Center
Electrical
LS 1 $82,782.56 $82,782.56
108. Maddux Youth Center Expansion LS 1 $424,781.28 $424,781.28 109. Concession and Restroom Building LS 1 $1,244,288.64 $1,244,288.64 110. Pool Equipment Building LS 1 $724,363.36 $724,363.36 111. Skate Plaza LS 1 $886,269.44 $886,269.44
112. 4-Lane x 25 Yard Pool &
Mechanical / Chemical Equipment
LS 1 $915,040.00 $915,040.00
113. Activity Pool with Interactive
Structure, Mechanical / Chemical
Equipment and Balancing Tank
LS 1 $2,898,611.52 $2,898,611.52
114. Soil Conditioning & Amendments SF 159,628 $0.43 $68,640.04 115. Hydroseed Lawn SF 139,020 $0.21 $29,194.20
116. Biofiltration Amendment Mix SF 4,541 $7.29 $33,103.89 117. 1 Gallon Shrubs EA 1,703 $22.40 $38,147.20
118. 15 Gallon Trees EA 104 $235.20 $24,460.80
119. Organic Mulch SF 39,095 $0.78 $30,494.10
120. Tree Root Barriers LF 816 $21.51 $17,552.16
121. Irrigation System LS 1 $330,266.72 $330,266.72
122. Landscape Establishment and
Maintenance Period (Monthly)
EA 4 $6,098.40 $24,393.60
123. Cesar Chavez Monument
Reinstallation
LS 1 $9,458.40 $9,458.40
124. Bus Stop Reinstallation LS 1 $2,016.00 $2,016.00
TOTAL BASE BID $14,350,779.85
DEDUCTIVE BID ALTERNATE #1 – PERIMETER FENCING
1001. 4" Concrete Flatwork SF -52 $9.67 ($502.84)
1002. 4' Tall Wire Mesh Fence LF -952 $61.60 ($58,643.20) 1003. 48” Tall Sliding Gate EA -1 $21,280.00 ($21,280.00) 1004. 12" Concrete Mow Curb LF -659 $10.08 ($6,642.72)
1005. Permanent Bollards EA -17 $2,353.98 ($40,017.66)
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Item
No. Item Description Unit of Measure
Estimated
Quantity
Unit Price
(Figures)
Total Price
(Figures)
1006. Flexible Bollards EA -15 $560.00 ($8,400.00)
1007. Soil Conditioning & Amendments SF 659 $0.43 $283.37 1008. Hydroseed Lawn SF 659 $0.21 $138.39
1009. Irrigation System LS 1 $1,006.88 $1,006.88
TOTAL BID ALTERNATE #1 ($134,057.78)
DEDUCTIVE BID ALTERNATE #2 – FITNESS STATIONS
2001. 4" Concrete Flatwork SF -520 $9.67 ($5,028.40)
2002. 12" Concrete Mow Curb LF 33 $10.08 $332.64
2003. 2-Person Incline Sit-Up Benches EA -1 $2,235.52 ($2,235.52) 2004. 2 Person Push-Up & Dip Station EA -1 $2,235.52 ($2,235.52) 2005. Parallel Fitness Bar Station EA -1 $2,235.52 ($2,235.52) 2006. Soil Conditioning & Amendments SF 520 $0.43 $223.60 2007. Hydroseed Lawn SF 355 $0.21 $74.55
2008. Organic Mulch SF 165 $0.79 $130.35
2009. Irrigation System LS 1 $815.36 $815.36
TOTAL BID ALTERNATE #2 ($10,158.46)
DEDUCTIVE BID ALTERNATE #3 – PLATFORM
3001. Concrete Platform LS -1 $6,384.00 ($6,384.00)
3002. 4" Concrete Flatwork SF -162 $9.67 ($1,566.54)
3003. 12" Concrete Mow Curb LF 33 ($20.16) ($665.28)
3004. Soil Conditioning & Amendments SF 689 $0.43 $296.27 3005. Hydroseed Lawn SF -188 $0.21 ($39.48)
3006. 1 Gallon Shrubs EA 49 $22.40 $1,097.60
3007. Organic Mulch SF 689 $0.79 $544.31
3008. Irrigation System LS 1 $1,079.68 $1,079.68
TOTAL BID ALTERNATE #3 ($5,637.44)
DEDUCTIVE BID ALTERNATE #4 – PICNIC PAVILION
4001. 30’x30’ Picnic Pavilion LS -1 $69,036.80 ($69,036.80) 4002. Picnic Pavilion Lighting LS -1 $896.00 ($896.00)
TOTAL BID ALTERNATE #4 ($69,932.80
TOTAL BASE BID & BID ALTERNATES #1, #2, #3, & #4 $14,130,993.37 #21..
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A-8 City of Modesto
Cesar E. Chavez Park Renovation
2. CONTRACT DOCUMENTS. The complete Agreement between the parties consists of the documents listed below, including any addenda to these documents. The documents are complementary and provide for a complete work; if a discrepancy exists, the governing rank of the documents is set forth, in descending order:
a. Executed and signed, written Agreement;
b. Section 00800 Amendments and Supplements to the General Provisions c. All other sections of the Project Specifications;
d. Project Plans;
e. City Standard Details; current edition
f. City Standard Specifications; current edition
g. Revised State Standard Specifications;
h. State Standard Specifications;
i. Revised State Standard Plans;
j. State Standard Plans; and
k. All required Bonds.
All documents specified above are intended to operate so that any component of the Work called for in one and not mentioned in any other, or vice versa, is to be executed the same as if mentioned in all of the documents. The listed documents comprise the Contract Documents.
3. COMMENCEMENT AND COMPLETION OF THE WORK. The Work
contemplated herein shall be commenced on the date specified in the Notice to Proceed for this Agreement. Completion of the work shall comply with the Specification. The Notice to Proceed shall not be issued until the Director of Engineering Services receives and has on file:
a. Proofs of insurance (approved by City Risk Manager), b. Bonds (approved by the City Attorney),
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c. City of Modesto Business License, and
d. Executed Agreement.
Contractor will not be held responsible for failure to complete the Work within the specified time if delay is due to matters beyond its reasonable control. Contractor shall make all good faith attempts to overcome or to minimize such matters, and to finish the Work in the shortest reasonable amount of time.
4. PAYMENT. Payment for the Work to be done under this Agreement shall be at the price set forth in Section 1 hereof, and in accordance with the Contract Documents, which are incorporated herein by this reference.
5. INDEMNITY. The Contractor shall hold the City, its agents, officers, employees, and volunteers, harmless from and save, defend and indemnify them against any and all claims, losses, liabilities, judgments or damages from every cause, including but not limited to injury to person or property or wrongful death, including reasonable costs and expenses of defense of any judicial or administrative action, arising directly or indirectly out of any negligent or intentional act or omission of Contractor, or its agents, officers, employees, or volunteers relating to or during the performance of its obligations under this Agreement. This provision does not apply to claims, loss, liability, damage or expense arising from (a) the sole negligence or willful misconduct of the City, or (b) the active negligence of the City.
Contractor's obligation to defend, indemnify, and hold the City, its agents, officers, and employees harmless under the provisions of this paragraph is not limited to or restricted by any requirement in this Agreement for Contractor to procure and maintain a policy of insurance.
6. LIABILITY INSURANCE.
A. General
Contractor shall procure and maintain for the duration of this Agreement, #21..
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and for the entire duration covered by the warranty bond, insurance as required by the Contract Documents and against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the Work by the Contractor, its agents, representatives, employees, or subcontractors.
B. Minimum Scope and Limit of Insurance
Coverage shall be at least as broad as:
1. Commercial General Liability (CGL): Insurance Services Office Form CG 00 01, including products and completed operations, with limits of no less than $3,000,000 per occurrence for bodily injury, personal injury, and property damage. If a general aggregate limit applies, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit.
2. Automobile Liability: Insurance Services Office Form Number CA 0001 covering Code 1 (any auto), with limits no less than $2,000,000 per accident for bodily injury and property damage.
3. Workers’ Compensation insurance as required by the State of California, with Statutory Limits, and Employers’ Liability insurance with a limit of no less than $1,000,000 per accident for bodily injury or disease.
4. Builder’s Risk (Course of Construction) insurance utilizing an “All Risk” (Special Perils) coverage form, with limits equal to the completed value of the project and no coinsurance penalty provisions, is required.
5. Contractors’ Pollution Legal Liability and/or Asbestos Legal Liability and/or Errors and Omissions with limits no less than $1,000,000 per occurrence or claim, and $2,000,000 policy aggregate, is required.
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C. Deductibles and Self-Insured Retentions
Any deductibles or self-insured retentions must be declared to and approved by the City. At the option of the City, either: the contractor shall cause the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects the City, its officers, officials, employees, and volunteers; or the Contractor shall provide a financial guarantee satisfactory to the City guaranteeing payment of losses and related investigations, claim administration, and defense expenses.
D. Other Insurance Provisions
The insurance policies are to contain, or be endorsed to contain, the following provisions:
1. The City, its officers, officials, employees, and volunteers are to be covered as additional insureds on the CGL and automobile liability policies with respect to liability arising out of work or operations performed by or on behalf of the Contractor including materials, parts, or equipment furnished in connection with such work or operations and automobiles owned, leased, hired, or borrowed by or on behalf of the Contractor. General liability coverage can be provided in the form of an endorsement to the Contractor’s insurance (at least as broad as ISO Form CG 20 10, 11 85 or both CG 20 10 and CG 23 37 forms if later revisions used).
2. For any claims related to this project, the Contractor’s insurance coverage shall be primary insurance as respects the City, its officers, officials, employees, and volunteers. Any insurance or self-insurance maintained by the City, its officers, officials, employees, or volunteers shall be excess of the Contractor’s insurance and shall not contribute with it.
3. Each insurance policy required by this clause shall provide that coverage shall not be canceled, except with notice to the City.
E. Builder’s Risk (Course of Construction) Insurance
Contractor may submit evidence of Builder’s Risk insurance in the form #21..
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of Course of Construction coverage. Such coverage shall name the City as a loss payee as their interest may appear.
F. Claims Made Policies
If any coverage required is written on a claims-made coverage form:
1. The retroactive date must be shown, and this date must be before the execution date of the Agreement or the beginning of Contract Work.
2. Insurance must be maintained and evidence of insurance must be provided for at least five (5) years after completion of Contract Work.
3. If coverage is canceled or non-renewed, and not replaced with another claims-made policy form with a retroactive date prior to the Agreement effective, or start of work date, the Contractor must purchase extended reporting period coverage for a minimum of five (5) years after completion of Contract Work.
4. A copy of the claims reporting requirements must be submitted to the City for review.
5. If the services involve lead-based paint or asbestos identification/remediation, the Contractors Pollution Liability policy shall not contain lead-based paint or asbestos exclusions. If the services involve mold identification/remediation, the Contractors Pollution Liability policy shall not contain a mold exclusion, and the definition of Pollution shall include microbial matter, including mold.
G. Acceptability of Insurers
Insurance is to be placed with insurers with a current A.M. Best rating of no less than A: VII, unless otherwise acceptable to the City.
H. Waiver of Subrogation
Contractor hereby agrees to waive rights of subrogation which any insurer #21..
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of Contractor may acquire from Contractor by virtue of the payment of any loss. Contractor agrees to obtain any endorsement that may be necessary to affect this waiver of subrogation. The Workers’ Compensation policy shall be endorsed with a waiver of subrogation in favor of the City for all work performed by the Contractor, its employees, agents and subcontractors.
I. Verification of Coverage
Contractor shall furnish the City with original certificates and amendatory endorsements, or copies of the applicable insurance language, effecting coverage required by this Agreement. The Contractor must deliver certificates evidencing existence of the insurance and specified endorsements listed above to the Director of Engineering Services within 5 business days after the Notice of Award is received. However, failure to obtain the required documents prior to the work beginning shall not waive the Contractor’s obligation to provide them. The City reserves the right to require complete, certified copies of all required insurance policies, including endorsements, required by the Contract Documents, at any time.
J. Subcontractors
Contractor shall require and verify that all subcontractors maintain insurance for the duration of the project and through acceptance by City Council.
7. BONDS. The Contractor shall furnish City the following separate surety bonds:
a. Performance Bond. Within 5 business days after receipt of the Notice of Award and prior to commencement of Work, the Contractor shall furnish a separate surety bond in an amount equal to one hundred percent (100%) of the Agreement price, shall be for the faithful performance of the Agreement, shall be approved by City, and shall be secured from a surety or sureties satisfactory to City.
b. Payment Bond. Within 5 business days after receipt of the Notice of Award and prior to commencement of Work, the Contractor shall furnish a separate surety bond in an #21..
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amount at least equal to one hundred percent (100%) of the Agreement price as security for the payment of all persons for furnishing materials, provisions, or other supplies, or items, used in, upon, for, or about the performance of the Work contracted to be done; or for performing any work or labor thereon of any kind, and for the payment of amounts due under the Unemployment Insurance Code with respect to such work or labor in connection with this Agreement, and for the payment of a reasonable attorney's fee to be fixed by the court in case suit is brought upon the bond. c. Warranty Bond. Prior to issuance of a Notice of Completion for the contracted work, Contractor shall file with the City a Warranty Bond or equivalent security in the amount of ten percent (10%) of the estimated cost of the contracted work to guaranty and warranty the contracted work for a period of one (1) year following City Council acceptance thereof against any defective work or labor done, or defective materials furnished.
8. COMPLIANCE WITH ALL LAWS. Contractor hereby agrees that it and all subcontractors, if any, in the performance of the work described, designated and shown upon the Contract Documents herein referred to, will comply with all federal, state, county and municipal laws, rules and regulations which may be applicable to the work herein contracted for, whether now in existence or hereafter adopted.
9. TERMINATION OF AGREEMENT.
Termination by City for Default of Contractor
Should Contractor default in the performance of this Agreement or materially breach any of its provisions, at its option, City may terminate this Agreement by giving written notification to Contractor. The termination date shall be the effective date of the notice. For the purposes of this section, material breach of this Agreement shall include, but not be limited to, any of the following: failure to perform required services or duties, willful destruction of City's property by Contractor, dishonesty or theft. Such termination shall be in accordance with the Contract Documents. #21..
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If this Agreement is terminated, Contractor shall cease all its work on the project as of the termination date and shall see to it that its employees, subcontractors and agents are notified of such termination and cease their work.
The Contractor understands and agrees that City may, in City's sole discretion, refuse to pay Contractor for that portion of Contractor's services which were performed by Contractor on the project prior to the termination date and which remain unacceptable and/or not useful to City as of the termination date.
Termination by City for Convenience
The City may terminate the Contractor's performance under the Agreement, either in whole or in part, at its own discretion or when conditions encountered during the Work make it impossible or impracticable to proceed, or when the City is prevented from proceeding with the Agreement by act of God, by law, or by official action of a public authority, or upon a determination that such termination is in the best interest and convenience of the City, or whenever the City is prohibited from completing the Work for any reason. The City shall provide no less than ten (10) days written notice of its intent to terminate the Agreement for convenience, and shall endeavor to provide the Contractor with consultation with the City prior to termination.
A. Upon receipt of a written Notice of Termination pursuant to this section, the Contractor shall:
1. Cease its work as directed in the Notice of Termination as of the termination date and see to it that its employees, subcontractors and agents are notified of such termination and act as specified in the Notice of Termination;
2. Terminate all orders and Subcontractors except as necessary to complete any portion of the Work that is not terminated; #21..
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3. If directed in writing by the City to do so, assign all right, title and interest in subcontracts and materials in progress to City, in which case the City will have the right at its discretion to settle, or pay any or all claims arising out of the termination of such subcontractors, but in no event shall recovery by any Contractor or subcontractor include lost profits for portions of the Work not completed or undertaken, including materials not delivered;
4. Deliver or otherwise make available to the City all data, drawings, specifications, reports, estimates, summaries and such other information and material as may have been accumulated by the Contractor in performing the Work whether completed or in process;
5. Settle outstanding liabilities and claims, subject to the approval of City;
6. Complete performance of such part of the Work as has not been terminated;
7. Take such other actions as may be necessary, or as may be directed by the City for the protection and preservation of the Work and/or property related to the Work;
8. If City so requests, and at City's cost, Contractor shall provide sufficient oral or written status reports to make City reasonably aware of the status of Contractor's work on the project.
B. City will pay Contractor an amount based on the percentage of work completed in accordance with the Notice of Termination. The final payment to the Contractor after #21..
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termination for convenience shall be limited to amounts due and owing under the Agreement at time of termination, including the following:
1. Any actual costs incurred by the Contractor for restocking charges;
2. The agreed upon price of protecting the Work in any manner, if any, as directed by the City;
3. The cost of settling and paying valid claims arising out of the termination of the Work such as subcontract agreements or contracts for materials;
4. The Agreement price allocable to the portion of the Work properly performed or goods supplied by the Contractor as of the date of termination, as determined in accordance with the Notice of Termination, reduced by any sums previously paid to the Contractor.
C. The City shall have the right to withhold any portion or the whole of the final payment under this provision in the event there are any outstanding Claims for compensation asserted either by the City against the Contractor or by any third party against the City or the Contractor which arise out of the Contractor's work.
Authorization to Terminate Agreement
Termination of the Agreement may be invoked by the City Manager, or his/her designee, subject to the right of the Contractor to appeal the City Manager, or his/her designee’s, decision to the City Council. The Contractor shall appeal by notifying the City Clerk in writing within ten (10) business days of receipt of notification from City to terminate the Agreement. In the event that termination of this Agreement is upheld by the City Council, any valid claims for delay shall be retroactive to the date of termination selected by the City Manager, or his/her designee. #21..
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10. NOTICES. Any notice, payment or instrument required or permitted by this Agreement to be given to either party shall be deemed to have been received when personally delivered, or one calendar week following deposit of the same in any United States Post Office, registered or certified mail, postage prepaid, addressed as follows:
Contractor: Harris Builders, Inc.
Attn: Craig Harris, President
18736 Bloss Avenue
Hilmar, CA 95324
Phone (209) 664-9486, Fax (209) 667-0738
City: City of Modesto
Director of Engineering Services
P.O. Box 642
Modesto, CA 95353
Phone (209) 577-5215, Fax (209) 577-4302
Each party may change its address for delivery of notice by delivering written notice of such change of address to the other party.
11. WORKFORCE REQUIREMENTS. Contractor included both a signed Local Hire Certification as well as a Skilled and Trained Workforce Certification with its bid, and such certifications are incorporated herein by reference. Contractor shall comply with all applicable requirements, including record keeping requirements, of Articles 7 and 8 of Chapter 3 of the Modesto Municipal Code.
12. EXECUTION OF AGREEMENT. The undersigned signatory(ies) for Contractor warrant(s) and represent(s) that he/she/they is/are legally competent to execute the Agreement and has/have full authority to execute this Agreement.
13. DISPUTE RESOLUTION. All claims, controversies, or disputes arising out of or relating to this Agreement, including its performance by either party, shall be finally resolved by arbitration in accordance with the Contract Documents.
14. MISCELLANEOUS. Time is of the essence of this Agreement. #21..
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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 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 Contractor has caused this Agreement to be duly executed.
CITY OF MODESTO, HARRIS BUILDERS, INC.,
a California municipal corporation a California corporation By By _______________________________
JOSEPH P. LOPEZ, City Manager Name Title
By _______________________________
Name Title
Federal ID #77-0513955
ATTEST:
(Seal)
By
DIANE NAYARES-PEREZ, CMC, City Clerk
APPROVED AS TO FORM:
By ________________________________
JOSE M. SANCHEZ, City Attorney
APPROVED AS TO FORM:
By _____________________________________
MATTHEW BRALEY, Risk Manager
Revised 4/25/2022
* 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
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Bid Tabulation June 18, 2024
Project Title: Cesar E. Chavez Park Renovation
Project ID #: 2024-10
Vault ID #: 19-D-0385
Account #: 101276
Bid Opening: 6/11/2024 at 11:00 AM Designer: O'Dell Engineering Basis of Award: By Blind Bid Design Manager: Ken Peterson Project Description: Irrigation system, landscape, concrete pathways/flatwork, fencing, lighting, security cameras, restroom building, shade structures, basketball court, skate plaza, soccer field, parking lot, splash park/pool aquatic center.
Item # Item Description Units Quantity Unit Price Extension Apparent Low Bidder
Harris Builders, Inc.
(209) 664-9486, Fax (209) 667-0738 18736 Bloss Avenue, Hilmar. CA 95324 Base Bid
1 Mobilization and Demobilization (Max 5% of LS 1 $508,244.80 $508,244.80 Total Base Bid)
2 Site Grading (Rough / Fine) LS 1 $498,257.76 $498,257.76 3 Stormwater Pollution Prevention Plan (SWPPP) LS 1 $81,048.80 $81,048.80 4 Temporary Construction Fencing LS 1 $11,200.00 $11,200.00 5 Site Preparation (Clearing, Grubbing, LS 1 $304,200.96 $304,200.96 Demolition, & Disposal)
6 Soil Import / Export LS 1 $112,000.00 $112,000.00
7 Tree Removal EA 65 $745.23 $48,439.95
8 Tree Protection LS 1 $11,200.00 $11,200.00
9 Storm Drain Tie-In EA 5 $2,852.42 $14,262.10
10 Storm Drain Drop Inlet EA 31 $3,530.53 $109,446.43
11 Storm Drain Inlet EA 24 $411.60 $9,878.40
12 Remove and Relocate Catch Basin EA 1 $8,291.36 $8,291.36 13 Adjust Existing Storm Drain Manhole to Grade EA 1 $1,940.96 $1,940.96 14 48” Storm Drain Manhole EA 3 $13,311.20 $39,933.60
15 8” Storm Drain Line LF 42 $319.20 $13,406.40
16 6” Storm Drain Line LF 2,750 $36.74 $101,035.00
17 4” Storm Drain Line LF 8 $72.80 $582.40
18 6” Slot Drain LF 408 $284.83 $116,210.64
19 Trench Drain LF 228 $203.37 $46,368.36
20 Sewer Tie-In EA 2 $11,166.40 $22,332.80
21 48” Sewer Manhole EA 2 $31,326.40 $62,652.80
22 Adjust Existing Sewer Manhole to Grade EA 2 $1,942.08 $3,884.16 23 Sanitary Sewer Cleanout EA 8 $1,719.20 $13,753.60
24 8” Sanitary Sewer Line LF 97 $397.06 $38,514.82
25 6" Sanitary Sewer Line LF 396 $77.28 $30,602.88
26 4” Sanitary Sewer Line LF 169 $95.20 $16,088.80
27 2” Sanitary Sewer Lines LF 7 $179.20 $1,254.40
28 Water Tie-in EA 7 $2,472.80 $17,309.60
29 Adjust Existing Water Utility Box to Grade EA 2 $1,252.16 $2,504.32 30 4” Water Line LF 17 $474.88 $8,072.96
31 3” Water Line LF 20 $262.08 $5,241.60
32 2.5” Water Line LF 78 $163.52 $12,754.56
33 2” Water Line LF 400 $67.20 $26,880.00
34 1.5” Water Line LF 377 $56.00 $21,112.00
#21..
- 966 -
Cesar E. Chavez Park Renovation
Item # Item Description Units Quantity Unit Price Extension 35 1” Water Line LF 96 $133.28 $12,794.88
36 Backflow Preventer EA 1 $14,666.40 $14,666.40
37 Relocate FDC & PIV EA 1 $8,923.04 $8,923.04
38 Relocate Water Meter EA 4 $3,370.08 $13,480.32
39 Relocate Backflow Preventer EA 5 $5,107.20 $25,536.00 40 Gas Tie-in EA 1 $44,516.64 $44,516.64
41 2” Gas Line LF 266 $74.57 $19,835.62
42 Biotreatment Area SF 4,541 $0.12 $544.92
43 4" Reinforced Concrete Flatwork SF 27,175 $15.77 $428,549.75 44 4" Concrete Flatwork SF 41,072 $12.88 $529,007.36
45 Asphalt - Basketball Court SF 4,700 $10.07 $47,329.00 46 Asphalt - Parking Lot SF 4,855 $9.75 $47,336.25
47 Full Depth HMA Replacement SF 1,504 $31.47 $47,330.88 48 Truncated Domes SF 436 $51.38 $22,401.68
49 6" Concrete Flatwork SF 1,525 $14.96 $22,814.00
50 Swimming Pool Deck SF 8,915 $23.04 $205,401.60
51 Basketball Court - Plexiplave Surfacing SF 4,700 $3.92 $18,424.00 52 Basketball Court - Striping LS 1 $7,168.00 $7,168.00 53 Cobble at Curb Cuts SF 44 $28.00 $1,232.00
54 ADA Ramp (All Cases) EA 5 $3,360.00 $16,800.00
55 4' Tall Wire Mesh Fence LF 1,231 $70.56 $86,859.36
56 4' Tall x 10' Wide Wire Mesh Gate EA 2 $13,440.00 $26,880.00 57 10' Tall Wire Mesh Fence LF 640 $571.20 $365,568.00
58 10' Tall x 10' Wide Wire Mesh Gate EA 5 $16,800.00 $84,000.00 59 48” Tall Sliding Gate EA 1 $21,280.00 $21,280.00
60 10' Tall x 4' Wide Wire Mesh Gate EA 1 $8,848.00 $8,848.00 61 6' Tall Wire Mesh Fence LF 685 $71.68 $49,100.80
62 12" Concrete Mow Curb LF 2,210 $10.08 $22,276.80
63 Concrete Platform LS 1 $6,384.00 $6,384.00
64 6" Vertical Concrete Curb LF 300 $42.65 $12,795.00
65 6" Concrete Curb & Gutter LF 173 $51.79 $8,959.67
66 4-1/2" Concrete Roll Curb LF 171 $56.00 $9,576.00
67 6" Concrete Flush Curb LF 138 $66.55 $9,183.90
68 Driveway Approach EA 2 $8,400.00 $16,800.00
69 Concrete Valley Gutter LF 101 $111.17 $11,228.17
70 Parking Lot Signage & Striping LS 1 $8,288.00 $8,288.00 71 Concrete Wheel Stops EA 14 $112.00 $1,568.00
72 Digital Keypad for Gate EA 1 $2,632.00 $2,632.00
73 Traffic Spikes EA 1 $22,232.00 $22,232.00
74 Vehicular Barrier Arm EA 1 $11,144.00 $11,144.00
75 Soccer Goals EA 2 $5,700.24 $11,400.48
76 Basketball Hoop EA 2 $5,175.52 $10,351.04
77 30’x30’ Picnic Pavilion LS 1 $69,036.80 $69,036.80
78 2-Person Incline Sit-Up Benches EA 1 $5,591.04 $5,591.04 79 2-Person Push-Up & Dip Station EA 1 $5,591.04 $5,591.04 80 Parallel Fitness Bar Station EA 1 $5,591.04 $5,591.04 81 Bi-Level Drinking Fountain with Dog Bowl and EA 1 $6,552.00 $6,552.00 Bottle Filler
82 Bi-Level Drinking Fountain with Bottle Filler EA 1 $5,320.00 $5,320.00 83 Restroom Building LS 1 $281,064.00 $281,064.00
84 Benches EA 12 $2,713.20 $32,558.40
85 Rectangular Picnic Table EA 6 $1,807.12 $10,842.72
86 Round Picnic Table EA 17 $2,217.93 $37,704.81
#21..
- 967 -
Cesar E. Chavez Park Renovation
Item # Item Description Units Quantity Unit Price Extension 87 Trash Receptacles EA 22 $1,466.18 $32,255.96
88 Group BBQ EA 1 $2,419.20 $2,419.20
89 Chaise Lounge Chairs EA 26 $596.62 $15,512.12
90 Bike Rack EA 3 $1,082.67 $3,248.01
91 8'x12' Cabana EA 4 $9,604.00 $38,416.00
92 20'x20' Hip Roof Shade Structure EA 1 $17,954.72 $17,954.72 93 Permanent Bollards EA 38 $1,053.09 $40,017.42
94 Flexible Bollards EA 15 $560.00 $8,400.00
95 Deck Chair EA 60 $244.53 $14,671.80
96 Flag Pole EA 1 $7,291.20 $7,291.20
97 Pedestal Shower EA 3 $5,957.28 $17,871.84
98 Jumbo 4-To-Score EA 1 $3,360.00 $3,360.00
99 Corn Hole Boards - Set of 2 EA 2 $2,688.00 $5,376.00 100 Outdoor Table Tennis EA 2 $4,032.00 $8,064.00
101 Tree Grates EA 3 $1,680.00 $5,040.00
102 Park Entry Sign (with New Footing) EA 2 $1,792.00 $3,584.00 103 Service Table EA 1 $1,680.00 $1,680.00
104 Pool Umbrella with Ground Sleeve EA 20 $280.00 $5,600.00 105 Site Electrical (Electric Service, Lighting, LS 1 $998,917.92 $998,917.92 Picnic Pavilion, Restroom, Etc.)
106 Low Voltage System (CCTV, Public Address, LS 1 $217,029.12 $217,029.12 Access Control and Data Cabling)
107 Building and Aquatics Center Electrical LS 1 $82,782.56 $82,782.56 108 Maddux Youth Center Expansion LS 1 $424,781.28 $424,781.28 109 Concession and Restroom Building LS 1 $1,244,288.64 $1,244,288.64 110 Pool Equipment Building LS 1 $724,363.36 $724,363.36 111 Skate Plaza LS 1 $886,269.44 $886,269.44
112 4-Lane x 25 Yard Pool & Mechanical / LS 1 $915,040.00 $915,040.00 Chemical Equipment
113 Activity Pool with Interactive Structure, LS 1 $2,898,611.52 $2,898,611.52 Mechanical / Chemical Equipment and
Balancing Tank
114 Soil Conditioning & Amendments SF 159,628 $0.43 $68,640.04 115 Hydroseed Lawn SF 139,020 $0.21 $29,194.20
116 Biofiltration Amendment Mix SF 4,541 $7.29 $33,103.89 117 1 Gallon Shrubs EA 1,703 $22.40 $38,147.20
118 15 Gallon Trees EA 104 $235.20 $24,460.80
119 Organic Mulch SF 39,095 $0.78 $30,494.10
120 Tree Root Barriers LF 816 $21.51 $17,552.16
121 Irrigation System LS 1 $330,266.72 $330,266.72
122 Landscape Establishment and Maintenance EA 4 $6,098.40 $24,393.60 Period (Monthly)
123 Cesar Chavez Monument Reinstallation LS 1 $9,458.40 $9,458.40 124 Bus Stop Reinstallation LS 1 $2,016.00 $2,016.00
Subtotal: $14,350,779.85
Bid Alternate 1
1001 4" Concrete Flatwork SF -52 $9.67 ($502.84)
1002 4' Tall Wire Mesh Fence LF -952 $61.60 ($58,643.20) 1003 48” Tall Sliding Gate EA -1 $21,280.00 ($21,280.00) 1004 12" Concrete Mow Curb LF -659 $10.08 ($6,642.72)
1005 Permanent Bollards EA -17 $2,353.98 ($40,017.66)
1006 Flexible Bollards EA -15 $560.00 ($8,400.00)
1007 Soil Conditioning & Amendments SF 659 $0.43 $283.37 #21..
- 968 -
Cesar E. Chavez Park Renovation
Item # Item Description Units Quantity Unit Price Extension 1008 Hydroseed Lawn SF 659 $0.21 $138.39
1009 Irrigation System LS 1 $1,006.88 $1,006.88
Subtotal: ($134,057.78)
Bid Alternate 2
2001 4" Concrete Flatwork SF -520 $9.67 ($5,028.40)
2002 12" Concrete Mow Curb LF 33 $10.08 $332.64
2003 2-Person Incline Sit-Up Benches EA -1 $2,235.52 ($2,235.52) 2004 2 Person Push-Up & Dip Station EA -1 $2,235.52 ($2,235.52) 2005 Parallel Fitness Bar Station EA -1 $2,235.52 ($2,235.52) 2006 Soil Conditioning & Amendments SF 520 $0.43 $223.60 2007 Hydroseed Lawn SF 355 $0.21 $74.55
2008 Organic Mulch SF 165 $0.79 $130.35
2009 Irrigation System LS 1 $815.36 $815.36
Subtotal: ($10,158.46)
Bid Alternate 3
3001 Concrete Platform LS -1 $6,384.00 ($6,384.00)
3002 4" Concrete Flatwork SF -162 $9.67 ($1,566.54)
3003 12" Concrete Mow Curb LF 33 ($20.16) ($665.28)
3004 Soil Conditioning & Amendments SF 689 $0.43 $296.27 3005 Hydroseed Lawn SF -188 $0.21 ($39.48)
3006 1 Gallon Shrubs EA 49 $22.40 $1,097.60
3007 Organic Mulch SF 689 $0.79 $544.31
3008 Irrigation System LS 1 $1,079.68 $1,079.68
Subtotal: ($5,637.44)
Bid Alternate 4
4001 30’x30’ Picnic Pavilion LS -1 $69,036.80 ($69,036.80) 4002 Picnic Pavilion Lighting LS -1 $896.00 ($896.00)
Subtotal: ($69,932.80)
Total: $14,130,993.37
Percent From Engineer's Estimate: 54.54%
CWS Construction Group, Inc.
(415) 209-0229 1301 Grant Avenue, Suite B, Novato, CA 94945 Base Bid
1 Mobilization and Demobilization (Max 5% of LS 1 $76,819.80 $76,819.80 Total Base Bid)
2 Site Grading (Rough / Fine) LS 1 $500,000.00 $500,000.00 3 Stormwater Pollution Prevention Plan (SWPPP) LS 1 $50,000.00 $50,000.00 4 Temporary Construction Fencing LS 1 $50,000.00 $50,000.00 5 Site Preparation (Clearing, Grubbing, LS 1 $500,000.00 $500,000.00 Demolition, & Disposal)
6 Soil Import / Export LS 1 $300,000.00 $300,000.00
7 Tree Removal EA 65 $797.00 $51,805.00
8 Tree Protection LS 1 $10,000.00 $10,000.00
9 Storm Drain Tie-In EA 5 $1,901.00 $9,505.00
10 Storm Drain Drop Inlet EA 31 $1,845.00 $57,195.00
11 Storm Drain Inlet EA 24 $1,351.00 $32,424.00
12 Remove and Relocate Catch Basin EA 1 $2,615.00 $2,615.00 13 Adjust Existing Storm Drain Manhole to Grade EA 1 $5,161.00 $5,161.00 14 48” Storm Drain Manhole EA 3 $10,012.00 $30,036.00
15 8” Storm Drain Line LF 42 $178.00 $7,476.00
16 6” Storm Drain Line LF 2,750 $80.00 $220,000.00
#21..
- 969 -
Cesar E. Chavez Park Renovation
Item # Item Description Units Quantity Unit Price Extension 17 4” Storm Drain Line LF 8 $423.00 $3,384.00
18 6” Slot Drain LF 408 $190.00 $77,520.00
19 Trench Drain LF 228 $150.00 $34,200.00
20 Sewer Tie-In EA 2 $4,932.00 $9,864.00
21 48” Sewer Manhole EA 2 $11,445.00 $22,890.00
22 Adjust Existing Sewer Manhole to Grade EA 2 $2,581.00 $5,162.00 23 Sanitary Sewer Cleanout EA 8 $1,177.00 $9,416.00
24 8” Sanitary Sewer Line LF 97 $245.00 $23,765.00
25 6" Sanitary Sewer Line LF 396 $128.00 $50,688.00
26 4” Sanitary Sewer Line LF 169 $104.00 $17,576.00
27 2” Sanitary Sewer Lines LF 7 $898.00 $6,286.00
28 Water Tie-in EA 7 $2,765.00 $19,355.00
29 Adjust Existing Water Utility Box to Grade EA 2 $2,500.00 $5,000.00 30 4” Water Line LF 17 $298.00 $5,066.00
31 3” Water Line LF 20 $271.00 $5,420.00
32 2.5” Water Line LF 78 $96.00 $7,488.00
33 2” Water Line LF 400 $79.00 $31,600.00
34 1.5” Water Line LF 377 $80.00 $30,160.00
35 1” Water Line LF 96 $59.00 $5,664.00
36 Backflow Preventer EA 1 $35,000.00 $35,000.00
37 Relocate FDC & PIV EA 1 $4,000.00 $4,000.00
38 Relocate Water Meter EA 4 $3,000.00 $12,000.00
39 Relocate Backflow Preventer EA 5 $2,500.00 $12,500.00 40 Gas Tie-in EA 1 $8,000.00 $8,000.00
41 2” Gas Line LF 266 $188.00 $50,008.00
42 Biotreatment Area SF 4,541 $3.30 $14,985.30
43 4" Reinforced Concrete Flatwork SF 27,175 $8.25 $224,193.75 44 4" Concrete Flatwork SF 41,072 $8.00 $328,576.00
45 Asphalt - Basketball Court SF 4,700 $8.20 $38,540.00 46 Asphalt - Parking Lot SF 4,855 $25.52 $123,899.60
47 Full Depth HMA Replacement SF 1,504 $25.00 $37,600.00 48 Truncated Domes SF 436 $48.90 $21,320.40
49 6" Concrete Flatwork SF 1525 $9.20 $14,030.00
50 Swimming Pool Deck SF 8,915 $12.00 $106,980.00
51 Basketball Court - Plexiplave Surfacing SF 4,700 $3.50 $16,450.00 52 Basketball Court - Striping LS 1 $6,400.00 $6,400.00 53 Cobble at Curb Cuts SF 44 $100.00 $4,400.00
54 ADA Ramp (All Cases) EA 5 $2,416.00 $12,080.00
55 4' Tall Wire Mesh Fence LF 1,231 $64.00 $78,784.00
56 4' Tall x 10' Wide Wire Mesh Gate EA 2 $3,455.00 $6,910.00 57 10' Tall Wire Mesh Fence LF 640 $585.00 $374,400.00
58 10' Tall x 10' Wide Wire Mesh Gate EA 5 $31,524.00 $157,620.00 59 48” Tall Sliding Gate EA 1 $20,141.00 $20,141.00
60 10' Tall x 4' Wide Wire Mesh Gate EA 1 $11,220.00 $11,220.00 61 6' Tall Wire Mesh Fence LF 685 $70.00 $47,950.00
62 12" Concrete Mow Curb LF 2,210 $26.10 $57,681.00
63 Concrete Platform LS 1 $18,340.00 $18,340.00
64 6" Vertical Concrete Curb LF 300 $59.32 $17,796.00
65 6" Concrete Curb & Gutter LF 173 $75.00 $12,975.00
66 4-1/2" Concrete Roll Curb LF 171 $55.00 $9,405.00
67 6" Concrete Flush Curb LF 138 $50.00 $6,900.00
68 Driveway Approach EA 2 $3,302.00 $6,604.00
69 Concrete Valley Gutter LF 101 $101.00 $10,201.00
#21..
- 970 -
Cesar E. Chavez Park Renovation
Item # Item Description Units Quantity Unit Price Extension 70 Parking Lot Signage & Striping LS 1 $7,400.00 $7,400.00 71 Concrete Wheel Stops EA 14 $100.00 $1,400.00
72 Digital Keypad for Gate EA 1 $6,818.00 $6,818.00
73 Traffic Spikes EA 1 $25,353.00 $25,353.00
74 Vehicular Barrier Arm EA 1 $16,173.00 $16,173.00
75 Soccer Goals EA 2 $4,750.00 $9,500.00
76 Basketball Hoop EA 2 $3,675.00 $7,350.00
77 30’x30’ Picnic Pavilion LS 1 $100,000.00 $100,000.00 78 2-Person Incline Sit-Up Benches EA 1 $3,750.00 $3,750.00 79 2-Person Push-Up & Dip Station EA 1 $3,750.00 $3,750.00 80 Parallel Fitness Bar Station EA 1 $3,500.00 $3,500.00 81 Bi-Level Drinking Fountain with Dog Bowl and EA 1 $6,500.00 $6,500.00 Bottle Filler
82 Bi-Level Drinking Fountain with Bottle Filler EA 1 $6,600.00 $6,600.00 83 Restroom Building LS 1 $251,000.00 $251,000.00
84 Benches EA 12 $750.00 $9,000.00
85 Rectangular Picnic Table EA 6 $1,800.00 $10,800.00
86 Round Picnic Table EA 17 $2,600.00 $44,200.00
87 Trash Receptacles EA 22 $1,500.00 $33,000.00
88 Group BBQ EA 1 $5,000.00 $5,000.00
89 Chaise Lounge Chairs EA 26 $550.00 $14,300.00
90 Bike Rack EA 3 $750.00 $2,250.00
91 8'x12' Cabana EA 4 $9,500.00 $38,000.00
92 20'x20' Hip Roof Shade Structure EA 1 $35,000.00 $35,000.00 93 Permanent Bollards EA 38 $750.00 $28,500.00
94 Flexible Bollards EA 15 $400.00 $6,000.00
95 Deck Chair EA 60 $200.00 $12,000.00
96 Flag Pole EA 1 $2,510.00 $2,510.00
97 Pedestal Shower EA 3 $5,000.00 $15,000.00
98 Jumbo 4-To-Score EA 1 $400.00 $400.00
99 Corn Hole Boards - Set of 2 EA 2 $500.00 $1,000.00
100 Outdoor Table Tennis EA 2 $1,000.00 $2,000.00
101 Tree Grates EA 3 $1,200.00 $3,600.00
102 Park Entry Sign (with New Footing) EA 2 $5,000.00 $10,000.00 103 Service Table EA 1 $2,500.00 $2,500.00
104 Pool Umbrella with Ground Sleeve EA 20 $1,500.00 $30,000.00 105 Site Electrical (Electric Service, Lighting, LS 1 $875,000.00 $875,000.00 Picnic Pavilion, Restroom, Etc.)
106 Low Voltage System (CCTV, Public Address, LS 1 $170,000.00 $170,000.00 Access Control and Data Cabling)
107 Building and Aquatics Center Electrical LS 1 $185,000.00 $185,000.00 108 Maddux Youth Center Expansion LS 1 $500,000.00 $500,000.00 109 Concession and Restroom Building LS 1 $2,500,000.00 $2,500,000.00 110 Pool Equipment Building LS 1 $1,350,000.00 $1,350,000.00 111 Skate Plaza LS 1 $800,000.00 $800,000.00
112 4-Lane x 25 Yard Pool & Mechanical / LS 1 $817,000.00 $817,000.00 Chemical Equipment
113 Activity Pool with Interactive Structure, LS 1 $2,555,000.00 $2,555,000.00 Mechanical / Chemical Equipment and
Balancing Tank
114 Soil Conditioning & Amendments SF 159,628 $1.17 $186,764.76 115 Hydroseed Lawn SF 139,020 $0.19 $26,413.80
116 Biofiltration Amendment Mix SF 4,541 $6.51 $29,561.91 #21..
- 971 -
Cesar E. Chavez Park Renovation
Item # Item Description Units Quantity Unit Price Extension 117 1 Gallon Shrubs EA 1,703 $20.00 $34,060.00
118 15 Gallon Trees EA 104 $210.00 $21,840.00
119 Organic Mulch SF 39,095 $0.70 $27,366.50
120 Tree Root Barriers LF 816 $19.20 $15,667.20
121 Irrigation System LS 1 $295,000.00 $295,000.00
122 Landscape Establishment and Maintenance EA 4 $5,445.00 $21,780.00 Period (Monthly)
123 Cesar Chavez Monument Reinstallation LS 1 $5,000.00 $5,000.00 124 Bus Stop Reinstallation LS 1 $5,000.00 $5,000.00
Subtotal: $15,356,039.02
Bid Alternate 1
1001 4" Concrete Flatwork SF -52 $8.00 ($416.00)
1002 4' Tall Wire Mesh Fence LF -952 $54.00 ($51,408.00) 1003 48” Tall Sliding Gate EA -1 $20,141.00 ($20,141.00) 1004 12" Concrete Mow Curb LF -659 $26.00 ($17,134.00)
1005 Permanent Bollards EA -17 $985.00 ($16,745.00)
1006 Flexible Bollards EA -15 $713.00 ($10,695.00)
1007 Soil Conditioning & Amendments SF 659 $0.38 $250.42 1008 Hydroseed Lawn SF 659 $0.19 $125.21
1009 Irrigation System LS 1 $899.00 $899.00
Subtotal: ($115,264.37)
Bid Alternate 2
2001 4" Concrete Flatwork SF -520 $8.00 ($4,160.00)
2002 12" Concrete Mow Curb LF 33 $26.00 $858.00
2003 2-Person Incline Sit-Up Benches EA -1 $5,500.00 ($5,500.00) 2004 2 Person Push-Up & Dip Station EA -1 $5,500.00 ($5,500.00) 2005 Parallel Fitness Bar Station EA -1 $4,000.00 ($4,000.00) 2006 Soil Conditioning & Amendments SF 520 $0.38 $197.60 2007 Hydroseed Lawn SF 355 $0.19 $67.45
2008 Organic Mulch SF 165 $0.70 $115.50
2009 Irrigation System LS 1 $728.00 $728.00
Subtotal: ($17,193.45)
Bid Alternate 3
3001 Concrete Platform LS -1 $4,400.00 ($4,400.00)
3002 4" Concrete Flatwork SF -162 $9.25 ($1,498.50)
3003 12" Concrete Mow Curb LF 33 $26.00 $858.00
3004 Soil Conditioning & Amendments SF 689 $0.38 $261.82 3005 Hydroseed Lawn SF -188 $0.19 ($35.72)
3006 1 Gallon Shrubs EA 49 $20.00 $980.00
3007 Organic Mulch SF 689 $0.70 $482.30
3008 Irrigation System LS 1 $964.00 $964.00
Subtotal: ($2,388.10)
Bid Alternate 4
4001 30’x30’ Picnic Pavilion LS -1 $50,000.00 ($50,000.00) 4002 Picnic Pavilion Lighting LS -1 $5,500.00 ($5,500.00) Subtotal: ($55,500.00)
Total: $15,165,693.10
Percent From Engineer's Estimate: 65.85%
#21..
- 972 -
Cesar E. Chavez Park Renovation
Item # Item Description Units Quantity Unit Price Extension Bobo Construction, Inc.
(916) 383-7777 9722 Kent Street, Elk Grove, CA 95624
Base Bid
1 Mobilization and Demobilization (Max 5% of LS 1 $35,000.00 $35,000.00 Total Base Bid)
2 Site Grading (Rough / Fine) LS 1 $350,000.00 $350,000.00 3 Stormwater Pollution Prevention Plan (SWPPP) LS 1 $25,000.00 $25,000.00 4 Temporary Construction Fencing LS 1 $20,000.00 $20,000.00 5 Site Preparation (Clearing, Grubbing, LS 1 $45,000.00 $45,000.00 Demolition, & Disposal)
6 Soil Import / Export LS 1 $36,000.00 $36,000.00
7 Tree Removal EA 65 $1,200.00 $78,000.00
8 Tree Protection LS 1 $12,000.00 $12,000.00
9 Storm Drain Tie-In EA 5 $1,800.00 $9,000.00
10 Storm Drain Drop Inlet EA 31 $4,000.00 $124,000.00
11 Storm Drain Inlet EA 24 $1,400.00 $33,600.00
12 Remove and Relocate Catch Basin EA 1 $8,000.00 $8,000.00 13 Adjust Existing Storm Drain Manhole to Grade EA 1 $3,000.00 $3,000.00 14 48” Storm Drain Manhole EA 3 $12,000.00 $36,000.00
15 8” Storm Drain Line LF 42 $400.00 $16,800.00
16 6” Storm Drain Line LF 2,750 $100.00 $275,000.00
17 4” Storm Drain Line LF 8 $100.00 $800.00
18 6” Slot Drain LF 408 $50.00 $20,400.00
19 Trench Drain LF 228 $50.00 $11,400.00
20 Sewer Tie-In EA 2 $8,600.00 $17,200.00
21 48” Sewer Manhole EA 2 $29,000.00 $58,000.00
22 Adjust Existing Sewer Manhole to Grade EA 2 $2,000.00 $4,000.00 23 Sanitary Sewer Cleanout EA 8 $2,000.00 $16,000.00
24 8” Sanitary Sewer Line LF 97 $500.00 $48,500.00
25 6" Sanitary Sewer Line LF 396 $100.00 $39,600.00
26 4” Sanitary Sewer Line LF 169 $100.00 $16,900.00
27 2” Sanitary Sewer Lines LF 7 $200.00 $1,400.00
28 Water Tie-in EA 7 $3,500.00 $24,500.00
29 Adjust Existing Water Utility Box to Grade EA 2 $1,300.00 $2,600.00 30 4” Water Line LF 17 $500.00 $8,500.00
31 3” Water Line LF 20 $300.00 $6,000.00
32 2.5” Water Line LF 78 $200.00 $15,600.00
33 2” Water Line LF 400 $100.00 $40,000.00
34 1.5” Water Line LF 377 $80.00 $30,160.00
35 1” Water Line LF 96 $150.00 $14,400.00
36 Backflow Preventer EA 1 $14,000.00 $14,000.00
37 Relocate FDC & PIV EA 1 $8,500.00 $8,500.00
38 Relocate Water Meter EA 4 $3,500.00 $14,000.00
39 Relocate Backflow Preventer EA 5 $5,000.00 $25,000.00 40 Gas Tie-in EA 1 $12,000.00 $12,000.00
41 2” Gas Line LF 266 $20.00 $5,320.00
42 Biotreatment Area SF 4,541 $3.00 $13,623.00
43 4" Reinforced Concrete Flatwork SF 27,175 $13.00 $353,275.00 44 4" Concrete Flatwork SF 41,072 $13.00 $533,936.00
45 Asphalt - Basketball Court SF 4,700 $7.00 $32,900.00 46 Asphalt - Parking Lot SF 4,855 $10.00 $48,550.00
47 Full Depth HMA Replacement SF 1,504 $15.00 $22,560.00 #21..
- 973 -
Cesar E. Chavez Park Renovation
Item # Item Description Units Quantity Unit Price Extension 48 Truncated Domes SF 436 $100.00 $43,600.00
49 6" Concrete Flatwork SF 1,525 $18.00 $27,450.00
50 Swimming Pool Deck SF 8,915 $13.00 $115,895.00
51 Basketball Court - Plexiplave Surfacing SF 4,700 $4.00 $18,800.00 52 Basketball Court - Striping LS 1 $8,000.00 $8,000.00 53 Cobble at Curb Cuts SF 44 $100.00 $4,400.00
54 ADA Ramp (All Cases) EA 5 $3,000.00 $15,000.00
55 4' Tall Wire Mesh Fence LF 1,231 $65.00 $80,015.00
56 4' Tall x 10' Wide Wire Mesh Gate EA 2 $13,000.00 $26,000.00 57 10' Tall Wire Mesh Fence LF 640 $550.00 $352,000.00
58 10' Tall x 10' Wide Wire Mesh Gate EA 5 $18,000.00 $90,000.00 59 48” Tall Sliding Gate EA 1 $25,000.00 $25,000.00
60 10' Tall x 4' Wide Wire Mesh Gate EA 1 $11,000.00 $11,000.00 61 6' Tall Wire Mesh Fence LF 685 $68.00 $46,580.00
62 12" Concrete Mow Curb LF 2,210 $46.00 $101,660.00
63 Concrete Platform LS 1 $10,000.00 $10,000.00
64 6" Vertical Concrete Curb LF 300 $60.00 $18,000.00
65 6" Concrete Curb & Gutter LF 173 $35.00 $6,055.00
66 4-1/2" Concrete Roll Curb LF 171 $108.00 $18,468.00
67 6" Concrete Flush Curb LF 138 $66.00 $9,108.00
68 Driveway Approach EA 2 $2,500.00 $5,000.00
69 Concrete Valley Gutter LF 101 $80.00 $8,080.00
70 Parking Lot Signage & Striping LS 1 $8,000.00 $8,000.00 71 Concrete Wheel Stops EA 14 $125.00 $1,750.00
72 Digital Keypad for Gate EA 1 $5,000.00 $5,000.00
73 Traffic Spikes EA 1 $28,000.00 $28,000.00
74 Vehicular Barrier Arm EA 1 $18,000.00 $18,000.00
75 Soccer Goals EA 2 $8,000.00 $16,000.00
76 Basketball Hoop EA 2 $8,000.00 $16,000.00
77 30’x30’ Picnic Pavilion LS 1 $80,000.00 $80,000.00
78 2-Person Incline Sit-Up Benches EA 1 $7,500.00 $7,500.00 79 2-Person Push-Up & Dip Station EA 1 $7,500.00 $7,500.00 80 Parallel Fitness Bar Station EA 1 $7,500.00 $7,500.00 81 Bi-Level Drinking Fountain with Dog Bowl and EA 1 $13,000.00 $13,000.00 Bottle Filler
82 Bi-Level Drinking Fountain with Bottle Filler EA 1 $12,000.00 $12,000.00 83 Restroom Building LS 1 $300,000.00 $300,000.00
84 Benches EA 12 $4,000.00 $48,000.00
85 Rectangular Picnic Table EA 6 $3,000.00 $18,000.00
86 Round Picnic Table EA 17 $4,000.00 $68,000.00
87 Trash Receptacles EA 22 $4,000.00 $88,000.00
88 Group BBQ EA 1 $3,000.00 $3,000.00
89 Chaise Lounge Chairs EA 26 $1,000.00 $26,000.00
90 Bike Rack EA 3 $1,000.00 $3,000.00
91 8'x12' Cabana EA 4 $20,000.00 $80,000.00
92 20'x20' Hip Roof Shade Structure EA 1 $35,000.00 $35,000.00 93 Permanent Bollards EA 38 $1,500.00 $57,000.00
94 Flexible Bollards EA 15 $500.00 $7,500.00
95 Deck Chair EA 60 $500.00 $30,000.00
96 Flag Pole EA 1 $5,000.00 $5,000.00
97 Pedestal Shower EA 3 $15,000.00 $45,000.00
98 Jumbo 4-To-Score EA 1 $5,000.00 $5,000.00
99 Corn Hole Boards - Set of 2 EA 2 $3,500.00 $7,000.00 #21..
- 974 -
Cesar E. Chavez Park Renovation
Item # Item Description Units Quantity Unit Price Extension 100 Outdoor Table Tennis EA 2 $6,000.00 $12,000.00
101 Tree Grates EA 3 $4,000.00 $12,000.00
102 Park Entry Sign (with New Footing) EA 2 $6,000.00 $12,000.00 103 Service Table EA 1 $2,500.00 $2,500.00
104 Pool Umbrella with Ground Sleeve EA 20 $3,000.00 $60,000.00 105 Site Electrical (Electric Service, Lighting, LS 1 $900,000.00 $900,000.00 Picnic Pavilion, Restroom, Etc.)
106 Low Voltage System (CCTV, Public Address, LS 1 $180,000.00 $180,000.00 Access Control and Data Cabling)
107 Building and Aquatics Center Electrical LS 1 $200,000.00 $200,000.00 108 Maddux Youth Center Expansion LS 1 $1,000,000.00 $1,000,000.00 109 Concession and Restroom Building LS 1 $2,000,000.00 $2,000,000.00 110 Pool Equipment Building LS 1 $1,000,000.00 $1,000,000.00 111 Skate Plaza LS 1 $750,000.00 $750,000.00
112 4-Lane x 25 Yard Pool & Mechanical / LS 1 $925,000.00 $925,000.00 Chemical Equipment
113 Activity Pool with Interactive Structure, LS 1 $3,332,000.00 $3,332,000.00 Mechanical / Chemical Equipment and
Balancing Tank
114 Soil Conditioning & Amendments SF 159,628 $0.50 $79,814.00 115 Hydroseed Lawn SF 139,020 $0.20 $27,804.00
116 Biofiltration Amendment Mix SF 4,541 $7.00 $31,787.00 117 1 Gallon Shrubs EA 1,703 $14.00 $23,842.00
118 15 Gallon Trees EA 104 $200.00 $20,800.00
119 Organic Mulch SF 39,095 $1.00 $39,095.00
120 Tree Root Barriers LF 816 $14.00 $11,424.00
121 Irrigation System LS 1 $325,000.00 $325,000.00
122 Landscape Establishment and Maintenance EA 4 $5,000.00 $20,000.00 Period (Monthly)
123 Cesar Chavez Monument Reinstallation LS 1 $5,000.00 $5,000.00 124 Bus Stop Reinstallation LS 1 $5,000.00 $5,000.00
Subtotal: $15,626,951.00
Bid Alternate 1
1001 4" Concrete Flatwork SF -52 $10.00 ($520.00)
1002 4' Tall Wire Mesh Fence LF -952 $55.00 ($52,360.00) 1003 48” Tall Sliding Gate EA -1 $19,000.00 ($19,000.00) 1004 12" Concrete Mow Curb LF -659 $45.00 ($29,655.00)
1005 Permanent Bollards EA -17 $950.00 ($16,150.00)
1006 Flexible Bollards EA -15 $400.00 ($6,000.00)
1007 Soil Conditioning & Amendments SF 659 $1.00 $659.00 1008 Hydroseed Lawn SF 659 $1.00 $659.00
1009 Irrigation System LS 1 $2,000.00 $2,000.00
Subtotal: ($120,367.00)
Bid Alternate 2
2001 4" Concrete Flatwork SF -520 $9.00 ($4,680.00)
2002 12" Concrete Mow Curb LF 33 $45.00 $1,485.00
2003 2-Person Incline Sit-Up Benches EA -1 $6,000.00 ($6,000.00) 2004 2 Person Push-Up & Dip Station EA -1 $6,000.00 ($6,000.00) 2005 Parallel Fitness Bar Station EA -1 $6,000.00 ($6,000.00) 2006 Soil Conditioning & Amendments SF 520 $1.00 $520.00 2007 Hydroseed Lawn SF 355 $1.00 $355.00
2008 Organic Mulch SF 165 $1.00 $165.00
#21..
- 975 -
Cesar E. Chavez Park Renovation
Item # Item Description Units Quantity Unit Price Extension 2009 Irrigation System LS 1 $1,000.00 $1,000.00
Subtotal: ($19,155.00)
Bid Alternate 3
3001 Concrete Platform LS -1 $8,000.00 ($8,000.00)
3002 4" Concrete Flatwork SF -162 $9.00 ($1,458.00)
3003 12" Concrete Mow Curb LF 33 $50.00 $1,650.00
3004 Soil Conditioning & Amendments SF 689 $1.00 $689.00 3005 Hydroseed Lawn SF -188 $1.00 ($188.00)
3006 1 Gallon Shrubs EA 49 $20.00 $980.00
3007 Organic Mulch SF 689 $1.00 $689.00
3008 Irrigation System LS 1 $2,000.00 $2,000.00
Subtotal: ($3,638.00)
Bid Alternate 4
4001 30’x30’ Picnic Pavilion LS -1 $65,000.00 ($65,000.00) 4002 Picnic Pavilion Lighting LS -1 $8,000.00 ($8,000.00) Subtotal: ($73,000.00)
Total: $15,410,791.00
Percent From Engineer's Estimate: 68.53%
Diede Construction, Inc.
(209) 369-8255 P.O. Box 1007, Woodbridge, CA 95258-1007 Base Bid
1 Mobilization and Demobilization (Max 5% of LS 1 $66,000.00 $66,000.00 Total Base Bid)
2 Site Grading (Rough / Fine) LS 1 $417,780.00 $417,780.00 3 Stormwater Pollution Prevention Plan (SWPPP) LS 1 $167,880.24 $167,880.24 4 Temporary Construction Fencing LS 1 $54,278.40 $54,278.40 5 Site Preparation (Clearing, Grubbing, LS 1 $151,402.68 $151,402.68 Demolition, & Disposal)
6 Soil Import / Export LS 1 $34,320.00 $34,320.00
7 Tree Removal EA 65 $878.31 $57,090.15
8 Tree Protection LS 1 $19,800.00 $19,800.00
9 Storm Drain Tie-In EA 5 $2,174.04 $10,870.20
10 Storm Drain Drop Inlet EA 31 $4,160.98 $128,990.38
11 Storm Drain Inlet EA 24 $485.10 $11,642.40
12 Remove and Relocate Catch Basin EA 1 $9,771.96 $9,771.96 13 Adjust Existing Storm Drain Manhole to Grade EA 1 $2,287.56 $2,287.56 14 48” Storm Drain Manhole EA 3 $15,688.20 $47,064.60
15 8” Storm Drain Line LF 42 $376.20 $15,800.40
16 6” Storm Drain Line LF 2,750 $43.30 $119,075.00
17 4” Storm Drain Line LF 8 $85.80 $686.40
18 6” Slot Drain LF 408 $115.99 $47,323.92
19 Trench Drain LF 228 $191.63 $43,691.64
20 Sewer Tie-In EA 2 $10,784.40 $21,568.80
21 48” Sewer Manhole EA 2 $36,920.40 $73,840.80
22 Adjust Existing Sewer Manhole to Grade EA 2 $2,288.88 $4,577.76 23 Sanitary Sewer Cleanout EA 8 $2,026.20 $16,209.60
24 8” Sanitary Sewer Line LF 97 $467.28 $45,326.16
25 6" Sanitary Sewer Line LF 396 $91.08 $36,067.68
26 4” Sanitary Sewer Line LF 169 $112.20 $18,961.80
27 2” Sanitary Sewer Lines LF 7 $211.20 $1,478.40
28 Water Tie-in EA 7 $2,914.37 $20,400.59
#21..
- 976 -
Cesar E. Chavez Park Renovation
Item # Item Description Units Quantity Unit Price Extension 29 Adjust Existing Water Utility Box to Grade EA 2 $1,475.76 $2,951.52 30 4” Water Line LF 17 $559.68 $9,514.56
31 3” Water Line LF 20 $308.88 $6,177.60
32 2.5” Water Line LF 78 $192.72 $15,032.16
33 2” Water Line LF 400 $79.20 $31,680.00
34 1.5” Water Line LF 377 $66.00 $24,882.00
35 1” Water Line LF 96 $157.08 $15,079.68
36 Backflow Preventer EA 1 $17,285.40 $17,285.40
37 Relocate FDC & PIV EA 1 $10,516.44 $10,516.44
38 Relocate Water Meter EA 4 $3,971.88 $15,887.52
39 Relocate Backflow Preventer EA 5 $6,019.20 $30,096.00 40 Gas Tie-in EA 1 $2,838.00 $2,838.00
41 2” Gas Line LF 266 $97.51 $25,937.66
42 Biotreatment Area SF 4,541 $25.93 $117,748.13
43 4" Reinforced Concrete Flatwork SF 27,175 $21.78 $591,871.50 44 4" Concrete Flatwork SF 41,072 $20.46 $840,333.12
45 Asphalt - Basketball Court SF 4,700 $7.59 $35,673.00 46 Asphalt - Parking Lot SF 4,855 $11.55 $56,075.25
47 Full Depth HMA Replacement SF 1,504 $18.15 $27,297.60 48 Truncated Domes SF 436 $151.80 $66,184.80
49 6" Concrete Flatwork SF 1,525 $29.04 $44,286.00
50 Swimming Pool Deck SF 8,915 $17.10 $152,446.50
51 Basketball Court - Plexiplave Surfacing SF 4,700 $4.62 $21,714.00 52 Basketball Court - Striping LS 1 $8,448.00 $8,448.00 53 Cobble at Curb Cuts SF 44 $55.50 $2,442.00
54 ADA Ramp (All Cases) EA 5 $4,620.00 $23,100.00
55 4' Tall Wire Mesh Fence LF 1,231 $83.16 $102,369.96
56 4' Tall x 10' Wide Wire Mesh Gate EA 2 $15,840.00 $31,680.00 57 10' Tall Wire Mesh Fence LF 640 $673.20 $430,848.00
58 10' Tall x 10' Wide Wire Mesh Gate EA 5 $19,800.00 $99,000.00 59 48” Tall Sliding Gate EA 1 $25,080.00 $25,080.00
60 10' Tall x 4' Wide Wire Mesh Gate EA 1 $10,428.00 $10,428.00 61 6' Tall Wire Mesh Fence LF 685 $84.48 $57,868.80
62 12" Concrete Mow Curb LF 2,210 $25.74 $56,885.40
63 Concrete Platform LS 1 $8,745.00 $8,745.00
64 6" Vertical Concrete Curb LF 300 $63.36 $19,008.00
65 6" Concrete Curb & Gutter LF 173 $79.46 $13,746.58
66 4-1/2" Concrete Roll Curb LF 171 $80.52 $13,768.92
67 6" Concrete Flush Curb LF 138 $81.84 $11,293.92
68 Driveway Approach EA 2 $5,016.00 $10,032.00
69 Concrete Valley Gutter LF 101 $161.04 $16,265.04
70 Parking Lot Signage & Striping LS 1 $9,768.00 $9,768.00 71 Concrete Wheel Stops EA 14 $132.00 $1,848.00
72 Digital Keypad for Gate EA 1 $3,102.00 $3,102.00
73 Traffic Spikes EA 1 $26,202.00 $26,202.00
74 Vehicular Barrier Arm EA 1 $13,134.00 $13,134.00
75 Soccer Goals EA 2 $6,450.18 $12,900.36
76 Basketball Hoop EA 2 $7,281.12 $14,562.24
77 30’x30’ Picnic Pavilion LS 1 $95,927.04 $95,927.04
78 2-Person Incline Sit-Up Benches EA 1 $6,336.00 $6,336.00 79 2-Person Push-Up & Dip Station EA 1 $6,336.00 $6,336.00 80 Parallel Fitness Bar Station EA 1 $6,336.00 $6,336.00 #21..
- 977 -
Cesar E. Chavez Park Renovation
Item # Item Description Units Quantity Unit Price Extension 81 Bi-Level Drinking Fountain with Dog Bowl and EA 1 $11,880.00 $11,880.00 Bottle Filler
82 Bi-Level Drinking Fountain with Bottle Filler EA 1 $10,032.00 $10,032.00 83 Restroom Building LS 1 $215,427.96 $215,427.96
84 Benches EA 12 $3,263.04 $39,156.48
85 Rectangular Picnic Table EA 6 $2,222.00 $13,332.00
86 Round Picnic Table EA 17 $3,136.94 $53,327.98
87 Trash Receptacles EA 22 $3,537.60 $77,827.20
88 Group BBQ EA 1 $2,204.40 $2,204.40
89 Chaise Lounge Chairs EA 26 $594.00 $15,444.00
90 Bike Rack EA 3 $1,293.60 $3,880.80
91 8'x12' Cabana EA 4 $9,669.00 $38,676.00
92 20'x20' Hip Roof Shade Structure EA 1 $38,619.24 $38,619.24 93 Permanent Bollards EA 38 $943.80 $35,864.40
94 Flexible Bollards EA 15 $541.20 $8,118.00
95 Deck Chair EA 60 $268.62 $16,117.20
96 Flag Pole EA 1 $18,612.00 $18,612.00
97 Pedestal Shower EA 3 $10,648.00 $31,944.00
98 Jumbo 4-To-Score EA 1 $430.32 $430.32
99 Corn Hole Boards - Set of 2 EA 2 $3,112.56 $6,225.12 100 Outdoor Table Tennis EA 2 $4,348.74 $8,697.48
101 Tree Grates EA 3 $4,659.60 $13,978.80
102 Park Entry Sign (with New Footing) EA 2 $9,344.61 $18,689.22 103 Service Table EA 1 $1,980.00 $1,980.00
104 Pool Umbrella with Ground Sleeve EA 20 $1,887.60 $37,752.00 105 Site Electrical (Electric Service, Lighting, LS 1 $1,177,296.12 $1,177,296.12 Picnic Pavilion, Restroom, Etc.)
106 Low Voltage System (CCTV, Public Address, LS 1 $255,784.32 $255,784.32 Access Control and Data Cabling)
107 Building and Aquatics Center Electrical LS 1 $97,565.16 $97,565.16 108 Maddux Youth Center Expansion LS 1 $660,000.00 $660,000.00 109 Concession and Restroom Building LS 1 $1,584,000.00 $1,584,000.00 110 Pool Equipment Building LS 1 $924,000.00 $924,000.00 111 Skate Plaza LS 1 $909,480.00 $909,480.00
112 4-Lane x 25 Yard Pool & Mechanical / LS 1 $983,400.00 $983,400.00 Chemical Equipment
113 Activity Pool with Interactive Structure, LS 1 $3,289,440.00 $3,289,440.00 Mechanical / Chemical Equipment and
Balancing Tank
114 Soil Conditioning & Amendments SF 159,628 $0.34 $54,273.52 115 Hydroseed Lawn SF 139,020 $0.34 $47,266.80
116 Biofiltration Amendment Mix SF 4,541 $3.63 $16,483.83 117 1 Gallon Shrubs EA 1,703 $19.61 $33,395.83
118 15 Gallon Trees EA 104 $288.08 $29,960.32
119 Organic Mulch SF 39,095 $0.86 $33,621.70
120 Tree Root Barriers LF 816 $28.59 $23,329.44
121 Irrigation System LS 1 $396,191.40 $396,191.40
122 Landscape Establishment and Maintenance EA 4 $14,485.68 $57,942.72 Period (Monthly)
123 Cesar Chavez Monument Reinstallation LS 1 $7,920.00 $7,920.00 124 Bus Stop Reinstallation LS 1 $6,600.00 $6,600.00
Subtotal: $16,249,324.98
#21..
- 978 -
Cesar E. Chavez Park Renovation
Item # Item Description Units Quantity Unit Price Extension Bid Alternate 1
1001 4" Concrete Flatwork SF -52 $20.46 ($1,063.92)
1002 4' Tall Wire Mesh Fence LF -952 $72.60 ($69,115.20) 1003 48” Tall Sliding Gate EA -1 $25,080.00 ($25,080.00) 1004 12" Concrete Mow Curb LF -659 $27.15 ($17,891.85)
1005 Permanent Bollards EA -17 $943.80 ($16,044.60)
1006 Flexible Bollards EA -15 $541.20 ($8,118.00)
1007 Soil Conditioning & Amendments SF 659 $0.34 $224.06 1008 Hydroseed Lawn SF 659 $0.34 $224.06
1009 Irrigation System LS 1 $1,188.00 $1,188.00
Subtotal: ($135,677.45)
Bid Alternate 2
2001 4" Concrete Flatwork SF -520 $20.46 ($10,639.20)
2002 12" Concrete Mow Curb LF 33 $25.76 $850.08
2003 2-Person Incline Sit-Up Benches EA -1 $6,336.00 ($6,336.00) 2004 2 Person Push-Up & Dip Station EA -1 $6,336.00 ($6,336.00) 2005 Parallel Fitness Bar Station EA -1 $6,336.00 ($6,336.00) 2006 Soil Conditioning & Amendments SF 520 $0.34 $176.80 2007 Hydroseed Lawn SF 355 $0.34 $120.70
2008 Organic Mulch SF 165 $0.86 $141.90
2009 Irrigation System LS 1 $4,839.12 $4,839.12
Subtotal: ($23,518.60)
Bid Alternate 3
3001 Concrete Platform LS -1 $8,745.00 ($8,745.00)
3002 4" Concrete Flatwork SF -162 $20.46 ($3,314.52)
3003 12" Concrete Mow Curb LF 33 $2,574.00 $84,942.00
3004 Soil Conditioning & Amendments SF 689 $5.10 $3,513.90 3005 Hydroseed Lawn SF -188 $12.13 ($2,280.44)
3006 1 Gallon Shrubs EA 49 $0.08 $3.92
3007 Organic Mulch SF 689 $1.73 $1,191.97
3008 Irrigation System LS 1 $1,528.56 $1,528.56
Subtotal: $76,840.39
Bid Alternate 4
4001 30’x30’ Picnic Pavilion LS -1 $95,927.04 ($95,927.04) 4002 Picnic Pavilion Lighting LS -1 $1,056.00 ($1,056.00) Subtotal: ($96,983.04)
Total: $16,069,986.28
Percent From Engineer's Estimate: 75.74%
Azul Works, Inc.
(415) 558-1507 1400 Egbert Avenue, San Francisco, CA 94124 Base Bid
1 Mobilization and Demobilization (Max 5% of LS 1 $940,000.00 $940,000.00 Total Base Bid)
2 Site Grading (Rough / Fine) LS 1 $560,000.00 $560,000.00 3 Stormwater Pollution Prevention Plan (SWPPP) LS 1 $65,000.00 $65,000.00 4 Temporary Construction Fencing LS 1 $18,000.00 $18,000.00 5 Site Preparation (Clearing, Grubbing, LS 1 $420,000.00 $420,000.00 Demolition, & Disposal)
6 Soil Import / Export LS 1 $212,000.00 $212,000.00
7 Tree Removal EA 65 $460.00 $29,900.00
8 Tree Protection LS 1 $56,000.00 $56,000.00
#21..
- 979 -
Cesar E. Chavez Park Renovation
Item # Item Description Units Quantity Unit Price Extension 9 Storm Drain Tie-In EA 5 $2,200.00 $11,000.00
10 Storm Drain Drop Inlet EA 31 $2,800.00 $86,800.00
11 Storm Drain Inlet EA 24 $2,500.00 $60,000.00
12 Remove and Relocate Catch Basin EA 1 $7,200.00 $7,200.00 13 Adjust Existing Storm Drain Manhole to Grade EA 1 $3,600.00 $3,600.00 14 48” Storm Drain Manhole EA 3 $14,000.00 $42,000.00
15 8” Storm Drain Line LF 42 $600.00 $25,200.00
16 6” Storm Drain Line LF 2,750 $132.00 $363,000.00
17 4” Storm Drain Line LF 8 $140.00 $1,120.00
18 6” Slot Drain LF 408 $320.00 $130,560.00
19 Trench Drain LF 228 $450.00 $102,600.00
20 Sewer Tie-In EA 2 $2,400.00 $4,800.00
21 48” Sewer Manhole EA 2 $22,000.00 $44,000.00
22 Adjust Existing Sewer Manhole to Grade EA 2 $2,200.00 $4,400.00 23 Sanitary Sewer Cleanout EA 8 $860.00 $6,880.00
24 8” Sanitary Sewer Line LF 97 $840.00 $81,480.00
25 6" Sanitary Sewer Line LF 396 $140.00 $55,440.00
26 4” Sanitary Sewer Line LF 169 $140.00 $23,660.00
27 2” Sanitary Sewer Lines LF 7 $320.00 $2,240.00
28 Water Tie-in EA 7 $5,800.00 $40,600.00
29 Adjust Existing Water Utility Box to Grade EA 2 $1,200.00 $2,400.00 30 4” Water Line LF 17 $140.00 $2,380.00
31 3” Water Line LF 20 $130.00 $2,600.00
32 2.5” Water Line LF 78 $88.00 $6,864.00
33 2” Water Line LF 400 $80.00 $32,000.00
34 1.5” Water Line LF 377 $80.00 $30,160.00
35 1” Water Line LF 96 $84.00 $8,064.00
36 Backflow Preventer EA 1 $6,600.00 $6,600.00
37 Relocate FDC & PIV EA 1 $4,600.00 $4,600.00
38 Relocate Water Meter EA 4 $2,000.00 $8,000.00
39 Relocate Backflow Preventer EA 5 $3,600.00 $18,000.00 40 Gas Tie-in EA 1 $2,300.00 $2,300.00
41 2” Gas Line LF 266 $91.00 $24,206.00
42 Biotreatment Area SF 4,541 $8.00 $36,328.00
43 4" Reinforced Concrete Flatwork SF 27,175 $14.00 $380,450.00 44 4" Concrete Flatwork SF 41,072 $12.00 $492,864.00
45 Asphalt - Basketball Court SF 4,700 $4.00 $18,800.00 46 Asphalt - Parking Lot SF 4,855 $4.00 $19,420.00
47 Full Depth HMA Replacement SF 1,504 $24.00 $36,096.00 48 Truncated Domes SF 436 $86.00 $37,496.00
49 6" Concrete Flatwork SF 1,525 $24.00 $36,600.00
50 Swimming Pool Deck SF 8,915 $20.00 $178,300.00
51 Basketball Court - Plexiplave Surfacing SF 4,700 $3.40 $15,980.00 52 Basketball Court - Striping LS 1 $1,200.00 $1,200.00 53 Cobble at Curb Cuts SF 44 $82.00 $3,608.00
54 ADA Ramp (All Cases) EA 5 $4,400.00 $22,000.00
55 4' Tall Wire Mesh Fence LF 1,231 $78.00 $96,018.00
56 4' Tall x 10' Wide Wire Mesh Gate EA 2 $4,400.00 $8,800.00 57 10' Tall Wire Mesh Fence LF 640 $680.00 $435,200.00
58 10' Tall x 10' Wide Wire Mesh Gate EA 5 $38,000.00 $190,000.00 59 48” Tall Sliding Gate EA 1 $24,000.00 $24,000.00
60 10' Tall x 4' Wide Wire Mesh Gate EA 1 $14,000.00 $14,000.00 61 6' Tall Wire Mesh Fence LF 685 $86.00 $58,910.00
#21..
- 980 -
Cesar E. Chavez Park Renovation
Item # Item Description Units Quantity Unit Price Extension 62 12" Concrete Mow Curb LF 2,210 $42.00 $92,820.00
63 Concrete Platform LS 1 $22,000.00 $22,000.00
64 6" Vertical Concrete Curb LF 300 $92.00 $27,600.00
65 6" Concrete Curb & Gutter LF 173 $94.00 $16,262.00
66 4-1/2" Concrete Roll Curb LF 171 $100.00 $17,100.00
67 6" Concrete Flush Curb LF 138 $90.00 $12,420.00
68 Driveway Approach EA 2 $4,800.00 $9,600.00
69 Concrete Valley Gutter LF 101 $150.00 $15,150.00
70 Parking Lot Signage & Striping LS 1 $6,000.00 $6,000.00 71 Concrete Wheel Stops EA 14 $320.00 $4,480.00
72 Digital Keypad for Gate EA 1 $8,400.00 $8,400.00
73 Traffic Spikes EA 1 $30,000.00 $30,000.00
74 Vehicular Barrier Arm EA 1 $20,000.00 $20,000.00
75 Soccer Goals EA 2 $6,400.00 $12,800.00
76 Basketball Hoop EA 2 $6,200.00 $12,400.00
77 30’x30’ Picnic Pavilion LS 1 $124,000.00 $124,000.00 78 2-Person Incline Sit-Up Benches EA 1 $4,800.00 $4,800.00 79 2-Person Push-Up & Dip Station EA 1 $4,800.00 $4,800.00 80 Parallel Fitness Bar Station EA 1 $4,800.00 $4,800.00 81 Bi-Level Drinking Fountain with Dog Bowl and EA 1 $7,200.00 $7,200.00 Bottle Filler
82 Bi-Level Drinking Fountain with Bottle Filler EA 1 $6,000.00 $6,000.00 83 Restroom Building LS 1 $312,000.00 $312,000.00
84 Benches EA 12 $2,800.00 $33,600.00
85 Rectangular Picnic Table EA 6 $1,800.00 $10,800.00
86 Round Picnic Table EA 17 $2,500.00 $42,500.00
87 Trash Receptacles EA 22 $2,800.00 $61,600.00
88 Group BBQ EA 1 $1,600.00 $1,600.00
89 Chaise Lounge Chairs EA 26 $580.00 $15,080.00
90 Bike Rack EA 3 $760.00 $2,280.00
91 8'x12' Cabana EA 4 $10,000.00 $40,000.00
92 20'x20' Hip Roof Shade Structure EA 1 $18,000.00 $18,000.00 93 Permanent Bollards EA 38 $1,600.00 $60,800.00
94 Flexible Bollards EA 15 $860.00 $12,900.00
95 Deck Chair EA 60 $440.00 $26,400.00
96 Flag Pole EA 1 $7,200.00 $7,200.00
97 Pedestal Shower EA 3 $3,600.00 $10,800.00
98 Jumbo 4-To-Score EA 1 $540.00 $540.00
99 Corn Hole Boards - Set of 2 EA 2 $3,400.00 $6,800.00 100 Outdoor Table Tennis EA 2 $3,400.00 $6,800.00
101 Tree Grates EA 3 $5,200.00 $15,600.00
102 Park Entry Sign (with New Footing) EA 2 $32,000.00 $64,000.00 103 Service Table EA 1 $1,600.00 $1,600.00
104 Pool Umbrella with Ground Sleeve EA 20 $1,400.00 $28,000.00 105 Site Electrical (Electric Service, Lighting, LS 1 $1,000,000.00 $1,000,000.00 Picnic Pavilion, Restroom, Etc.)
106 Low Voltage System (CCTV, Public Address, LS 1 $212,000.00 $212,000.00 Access Control and Data Cabling)
107 Building and Aquatics Center Electrical LS 1 $224,000.00 $224,000.00 108 Maddux Youth Center Expansion LS 1 $1,200,000.00 $1,200,000.00 109 Concession and Restroom Building LS 1 $2,500,000.00 $2,500,000.00 110 Pool Equipment Building LS 1 $1,600,000.00 $1,600,000.00 111 Skate Plaza LS 1 $920,000.00 $920,000.00
#21..
- 981 -
Cesar E. Chavez Park Renovation
Item # Item Description Units Quantity Unit Price Extension 112 4-Lane x 25 Yard Pool & Mechanical / LS 1 $1,000,000.00 $1,000,000.00 Chemical Equipment
113 Activity Pool with Interactive Structure, LS 1 $2,740,000.00 $2,740,000.00 Mechanical / Chemical Equipment and
Balancing Tank
114 Soil Conditioning & Amendments SF 159,628 $0.54 $86,199.12 115 Hydroseed Lawn SF 139,020 $0.10 $13,902.00
116 Biofiltration Amendment Mix SF 4,541 $7.60 $34,511.60 117 1 Gallon Shrubs EA 1,703 $18.00 $30,654.00
118 15 Gallon Trees EA 104 $226.00 $23,504.00
119 Organic Mulch SF 39,095 $0.86 $33,621.70
120 Tree Root Barriers LF 816 $9.20 $7,507.20
121 Irrigation System LS 1 $444,000.00 $444,000.00
122 Landscape Establishment and Maintenance EA 4 $3,600.00 $14,400.00 Period (Monthly)
123 Cesar Chavez Monument Reinstallation LS 1 $8,000.00 $8,000.00 124 Bus Stop Reinstallation LS 1 $8,000.00 $8,000.00
Subtotal: $18,989,555.62
Bid Alternate 1
1001 4" Concrete Flatwork SF -52 $12.00 ($624.00)
1002 4' Tall Wire Mesh Fence LF -952 $78.00 ($74,256.00) 1003 48” Tall Sliding Gate EA -1 $24,000.00 ($24,000.00) 1004 12" Concrete Mow Curb LF -659 $42.00 ($27,678.00)
1005 Permanent Bollards EA -17 $1,600.00 ($27,200.00)
1006 Flexible Bollards EA -15 $860.00 ($12,900.00)
1007 Soil Conditioning & Amendments SF 659 $0.54 $355.86 1008 Hydroseed Lawn SF 659 $0.10 $65.90
1009 Irrigation System LS 1 $1,000.00 $1,000.00
Subtotal: ($165,236.24)
Bid Alternate 2
2001 4" Concrete Flatwork SF -520 $12.00 ($6,240.00)
2002 12" Concrete Mow Curb LF 33 $42.00 $1,386.00
2003 2-Person Incline Sit-Up Benches EA -1 $4,800.00 ($4,800.00) 2004 2 Person Push-Up & Dip Station EA -1 $4,800.00 ($4,800.00) 2005 Parallel Fitness Bar Station EA -1 $4,800.00 ($4,800.00) 2006 Soil Conditioning & Amendments SF 520 $0.54 $280.80 2007 Hydroseed Lawn SF 355 $0.10 $35.50
2008 Organic Mulch SF 165 $0.86 $141.90
2009 Irrigation System LS 1 $500.00 $500.00
Subtotal: ($18,295.80)
Bid Alternate 3
3001 Concrete Platform LS -1 $22,000.00 ($22,000.00)
3002 4" Concrete Flatwork SF -162 $12.00 ($1,944.00)
3003 12" Concrete Mow Curb LF 33 $42.00 $1,386.00
3004 Soil Conditioning & Amendments SF 689 $0.54 $372.06 3005 Hydroseed Lawn SF -188 $0.10 ($18.80)
3006 1 Gallon Shrubs EA 49 $18.00 $882.00
3007 Organic Mulch SF 689 $0.86 $592.54
3008 Irrigation System LS 1 $2,000.00 $2,000.00
Subtotal: ($18,730.20)
Bid Alternate 4
4001 30’x30’ Picnic Pavilion LS -1 $124,000.00 ($124,000.00) #21..
- 982 -
Cesar E. Chavez Park Renovation
Item # Item Description Units Quantity Unit Price Extension 4002 Picnic Pavilion Lighting LS -1 $10,000.00 ($10,000.00) Subtotal: ($134,000.00)
Total: $18,653,293.38
Percent From Engineer's Estimate: 103.99%
Engineer's Estimate
Base Bid
1 Mobilization and Demobilization (Max 5% of LS 1 $94,000.00 $94,000.00 Total Base Bid)
2 Site Grading (Rough / Fine) LS 1 $220,000.00 $220,000.00 3 Stormwater Pollution Prevention Plan (SWPPP) LS 1 $32,000.00 $32,000.00 4 Temporary Construction Fencing LS 1 $14,000.00 $14,000.00 5 Site Preparation (Clearing, Grubbing, LS 1 $35,000.00 $35,000.00 Demolition, & Disposal)
6 Soil Import / Export LS 1 $75,000.00 $75,000.00
7 Tree Removal EA 65 $1,400.00 $91,000.00
8 Tree Protection LS 1 $7,500.00 $7,500.00
9 Storm Drain Tie-In EA 5 $2,400.00 $12,000.00
10 Storm Drain Drop Inlet EA 31 $2,301.00 $71,331.00
11 Storm Drain Inlet EA 24 $1,200.00 $28,800.00
12 Remove and Relocate Catch Basin EA 1 $4,000.00 $4,000.00 13 Adjust Existing Storm Drain Manhole to Grade EA 1 $1,500.00 $1,500.00 14 48” Storm Drain Manhole EA 3 $4,000.00 $12,000.00
15 8” Storm Drain Line LF 42 $40.00 $1,680.00
16 6” Storm Drain Line LF 2,750 $25.00 $68,750.00
17 4” Storm Drain Line LF 8 $20.00 $160.00
18 6” Slot Drain LF 408 $50.00 $20,400.00
19 Trench Drain LF 228 $110.00 $25,080.00
20 Sewer Tie-In EA 2 $2,500.00 $5,000.00
21 48” Sewer Manhole EA 2 $6,000.00 $12,000.00
22 Adjust Existing Sewer Manhole to Grade EA 2 $1,500.00 $3,000.00 23 Sanitary Sewer Cleanout EA 8 $1,200.00 $9,600.00
24 8” Sanitary Sewer Line LF 97 $50.00 $4,850.00
25 6" Sanitary Sewer Line LF 396 $40.00 $15,840.00
26 4” Sanitary Sewer Line LF 169 $35.00 $5,915.00
27 2” Sanitary Sewer Lines LF 7 $30.00 $210.00
28 Water Tie-in EA 7 $4,000.00 $28,000.00
29 Adjust Existing Water Utility Box to Grade EA 2 $1,500.00 $3,000.00 30 4” Water Line LF 17 $53.00 $901.00
31 3” Water Line LF 20 $43.00 $860.00
32 2.5” Water Line LF 78 $38.00 $2,964.00
33 2” Water Line LF 400 $28.00 $11,200.00
34 1.5” Water Line LF 377 $23.00 $8,671.00
35 1” Water Line LF 96 $18.00 $1,728.00
36 Backflow Preventer EA 1 $3,000.00 $3,000.00
37 Relocate FDC & PIV EA 1 $2,000.00 $2,000.00
38 Relocate Water Meter EA 4 $2,000.00 $8,000.00
39 Relocate Backflow Preventer EA 5 $2,000.00 $10,000.00 40 Gas Tie-in EA 1 $3,000.00 $3,000.00
41 2” Gas Line LF 266 $40.00 $10,640.00
42 Biotreatment Area SF 4,541 $9.00 $40,869.00
43 4" Reinforced Concrete Flatwork SF 27,175 $12.25 $332,893.75 #21..
- 983 -
Cesar E. Chavez Park Renovation
Item # Item Description Units Quantity Unit Price Extension 44 4" Concrete Flatwork SF 41,072 $10.00 $410,720.00
45 Asphalt - Basketball Court SF 4,700 $3.50 $16,450.00 46 Asphalt - Parking Lot SF 4,855 $4.50 $21,847.50
47 Full Depth HMA Replacement SF 1,504 $12.00 $18,048.00 48 Truncated Domes SF 436 $75.00 $32,700.00
49 6" Concrete Flatwork SF 1,525 $14.75 $22,493.75
50 Swimming Pool Deck SF 8,915 $16.75 $149,326.25
51 Basketball Court - Plexiplave Surfacing SF 4,700 $7.00 $32,900.00 52 Basketball Court - Striping LS 1 $3,455.00 $3,455.00 53 Cobble at Curb Cuts SF 44 $30.00 $1,320.00
54 ADA Ramp (All Cases) EA 5 $1,500.00 $7,500.00
55 4' Tall Wire Mesh Fence LF 1,231 $175.00 $215,425.00 56 4' Tall x 10' Wide Wire Mesh Gate EA 2 $5,500.00 $11,000.00 57 10' Tall Wire Mesh Fence LF 640 $250.00 $160,000.00
58 10' Tall x 10' Wide Wire Mesh Gate EA 5 $8,500.00 $42,500.00 59 48” Tall Sliding Gate EA 1 $17,500.00 $17,500.00
60 10' Tall x 4' Wide Wire Mesh Gate EA 1 $5,500.00 $5,500.00 61 6' Tall Wire Mesh Fence LF 685 $200.00 $137,000.00
62 12" Concrete Mow Curb LF 2,210 $45.00 $99,450.00
63 Concrete Platform LS 1 $30,000.00 $30,000.00
64 6" Vertical Concrete Curb LF 300 $40.00 $12,000.00
65 6" Concrete Curb & Gutter LF 173 $42.50 $7,352.50
66 4-1/2" Concrete Roll Curb LF 171 $35.00 $5,985.00
67 6" Concrete Flush Curb LF 138 $35.00 $4,830.00
68 Driveway Approach EA 2 $750.00 $1,500.00
69 Concrete Valley Gutter LF 101 $60.00 $6,060.00
70 Parking Lot Signage & Striping LS 1 $4,500.00 $4,500.00 71 Concrete Wheel Stops EA 14 $250.00 $3,500.00
72 Digital Keypad for Gate EA 1 $1,800.00 $1,800.00
73 Traffic Spikes EA 1 $7,500.00 $7,500.00
74 Vehicular Barrier Arm EA 1 $9,500.00 $9,500.00
75 Soccer Goals EA 2 $9,000.00 $18,000.00
76 Basketball Hoop EA 2 $5,000.00 $10,000.00
77 30’x30’ Picnic Pavilion LS 1 $90,000.00 $90,000.00
78 2-Person Incline Sit-Up Benches EA 1 $10,000.00 $10,000.00 79 2-Person Push-Up & Dip Station EA 1 $7,500.00 $7,500.00 80 Parallel Fitness Bar Station EA 1 $7,500.00 $7,500.00 81 Bi-Level Drinking Fountain with Dog Bowl and EA 1 $9,400.00 $9,400.00 Bottle Filler
82 Bi-Level Drinking Fountain with Bottle Filler EA 1 $7,700.00 $7,700.00 83 Restroom Building LS 1 $340,000.00 $340,000.00
84 Benches EA 12 $2,750.00 $33,000.00
85 Rectangular Picnic Table EA 6 $1,950.00 $11,700.00
86 Round Picnic Table EA 17 $2,750.00 $46,750.00
87 Trash Receptacles EA 22 $2,200.00 $48,400.00
88 Group BBQ EA 1 $2,300.00 $2,300.00
89 Chaise Lounge Chairs EA 26 $600.00 $15,600.00
90 Bike Rack EA 3 $1,000.00 $3,000.00
91 8'x12' Cabana EA 4 $12,000.00 $48,000.00
92 20'x20' Hip Roof Shade Structure EA 1 $28,000.00 $28,000.00 93 Permanent Bollards EA 38 $750.00 $28,500.00
94 Flexible Bollards EA 15 $325.00 $4,875.00
95 Deck Chair EA 60 $330.00 $19,800.00
#21..
- 984 -
Cesar E. Chavez Park Renovation
Item # Item Description Units Quantity Unit Price Extension 96 Flag Pole EA 1 $3,500.00 $3,500.00
97 Pedestal Shower EA 3 $7,000.00 $21,000.00
98 Jumbo 4-To-Score EA 1 $530.00 $530.00
99 Corn Hole Boards - Set of 2 EA 2 $2,000.00 $4,000.00 100 Outdoor Table Tennis EA 2 $5,500.00 $11,000.00
101 Tree Grates EA 3 $4,300.00 $12,900.00
102 Park Entry Sign (with New Footing) EA 2 $12,000.00 $24,000.00 103 Service Table EA 1 $1,900.00 $1,900.00
104 Pool Umbrella with Ground Sleeve EA 20 $2,150.00 $43,000.00 105 Site Electrical (Electric Service, Lighting, LS 1 $482,200.00 $482,200.00 Picnic Pavilion, Restroom, Etc.)
106 Low Voltage System (CCTV, Public Address, LS 1 $102,000.00 $102,000.00 Access Control and Data Cabling)
107 Building and Aquatics Center Electrical LS 1 $490,000.00 $490,000.00 108 Maddux Youth Center Expansion LS 1 $292,880.00 $292,880.00 109 Concession and Restroom Building LS 1 $749,001.00 $749,001.00 110 Pool Equipment Building LS 1 $286,400.00 $286,400.00 111 Skate Plaza LS 1 $446,000.00 $446,000.00
112 4-Lane x 25 Yard Pool & Mechanical / LS 1 $532,720.00 $532,720.00 Chemical Equipment
113 Activity Pool with Interactive Structure, LS 1 $1,789,375.00 $1,789,375.00 Mechanical / Chemical Equipment and
Balancing Tank
114 Soil Conditioning & Amendments SF 159,628 $0.35 $55,869.80 115 Hydroseed Lawn SF 139,020 $0.18 $25,023.60
116 Biofiltration Amendment Mix SF 4,541 $0.85 $3,859.85 117 1 Gallon Shrubs EA 1,703 $20.00 $34,060.00
118 15 Gallon Trees EA 104 $200.00 $20,800.00
119 Organic Mulch SF 39,095 $1.00 $39,095.00
120 Tree Root Barriers LF 816 $15.00 $12,240.00
121 Irrigation System LS 1 $370,793.20 $370,793.20
122 Landscape Establishment and Maintenance EA 4 $7,500.00 $30,000.00 Period (Monthly)
123 Cesar Chavez Monument Reinstallation LS 1 $7,500.00 $7,500.00 124 Bus Stop Reinstallation LS 1 $12,000.00 $12,000.00
Subtotal: $9,531,678.20
Bid Alternate 1
1001 4" Concrete Flatwork SF -52 $10.00 ($520.00)
1002 4' Tall Wire Mesh Fence LF -952 $178.50 ($169,932.00) 1003 48” Tall Sliding Gate EA -1 $17,500.00 ($17,500.00) 1004 12" Concrete Mow Curb LF -659 $45.00 ($29,655.00)
1005 Permanent Bollards EA -17 $750.00 ($12,750.00)
1006 Flexible Bollards EA -15 $325.00 ($4,875.00)
1007 Soil Conditioning & Amendments SF 659 $0.35 $230.65 1008 Hydroseed Lawn SF 659 $0.18 $118.62
1009 Irrigation System LS 1 $280.00 $280.00
Subtotal: ($234,602.73)
Bid Alternate 2
2001 4" Concrete Flatwork SF -520 $10.00 ($5,200.00)
2002 12" Concrete Mow Curb LF 33 $45.00 $1,485.00
2003 2-Person Incline Sit-Up Benches EA -1 $11,000.00 ($11,000.00) 2004 2 Person Push-Up & Dip Station EA -1 $7,500.00 ($7,500.00) 2005 Parallel Fitness Bar Station EA -1 $7,500.00 ($7,500.00) #21..
- 985 -
Cesar E. Chavez Park Renovation
Item # Item Description Units Quantity Unit Price Extension 2006 Soil Conditioning & Amendments SF 520 $0.35 $182.00 2007 Hydroseed Lawn SF 355 $0.18 $63.90
2008 Organic Mulch SF 165 $1.00 $165.00
2009 Irrigation System LS 1 $304.00 $304.00
Subtotal: ($29,000.10)
Bid Alternate 3
3001 Concrete Platform LS -1 $31,000.00 ($31,000.00)
3002 4" Concrete Flatwork SF -162 $10.00 ($1,620.00)
3003 12" Concrete Mow Curb LF 33 $45.00 $1,485.00
3004 Soil Conditioning & Amendments SF 689 $0.35 $241.15 3005 Hydroseed Lawn SF -188 $0.18 ($33.84)
3006 1 Gallon Shrubs EA 49 $20.00 $980.00
3007 Organic Mulch SF 689 $1.00 $689.00
3008 Irrigation System LS 1 $184.69 $184.69
Subtotal: ($29,074.00)
Bid Alternate 4
4001 30’x30’ Picnic Pavilion LS -1 $90,000.00 ($90,000.00) 4002 Picnic Pavilion Lighting LS -1 $5,000.00 ($5,000.00) Subtotal: ($95,000.00)
Total: $9,144,001.37
#21..
- 986 -
-1- City of Modesto
Construction Management and Inspection Services Cesar E. Chavez Park Renovation
AGREEMENT FOR CONSTRUCTION MANAGEMENT
AND INSPECTION SERVICES FOR CESAR E. CHAVEZ PARK RENOVATION THIS AGREEMENT, made and entered into in the City of Modesto, State of California, this 10th day of September, 2024, (“Effective Date”) by and between the CITY OF MODESTO, a municipal corporation of the State of California, hereinafter referred to as "City", and TRC ENGINEERS, INC., a California corporation, hereinafter referred to as "Consultant".
This Agreement is made with regard to the following recitals:
A. The City has determined that Construction Management and Inspection Services are necessary for the CESAR E. CHAVEZ PARK RENOVATION project.
B. Consultant represents that it is qualified, willing and able to provide the services to prepare said document(s).
NOW, THEREFORE, in consideration of this agreement, and the mutual promises, covenants, and stipulations hereinafter contained, the parties agree as follows:
1. SCOPE OF SERVICES.
Consultant shall undertake and complete the preparation of the scope of work as set forth and described in the documents attached hereto and referred to as Exhibit "A" or "project". The Consultant shall perform the services as described in Exhibit "A" in a manner compatible with the standards of its profession, and shall produce a fully complete project that is acceptable to City.
2. TERM OF AGREEMENT.
This Agreement is effective as of the date first written above and will continue in effect until City's acceptance of and payment for all services authorized by City and #21..
- 987 -
-2- City of Modesto
Construction Management and Inspection Services Cesar E. Chavez Park Renovation performed by Consultant, unless terminated earlier in accordance with the provisions of the termination clause in this Agreement.
Consultant shall undertake and complete the preparation of the scope of work as set forth and described in the documents commonly referred to as “project” attached hereto as Exhibit "A" and made a part hereof. City hereby gives Consultant notice to proceed with the preparation of the project in the manner described in Exhibit "A", as of the Effective Date of this agreement. Consultant shall diligently proceed with the preparation of the project and agrees to complete said preparation within the time period set forth in Exhibit "A".
3. COMPENSATION.
Consultant agrees to accept a sum not to exceed EIGHT HUNDRED THIRTY-SEVEN THOUSAND, FOURTEEN AND 00/100 DOLLARS ($837,014.00) (maximum compensation) as full remuneration for performing all services and furnishing all staffing and materials for Modesto in accordance with Exhibit "A" attached hereto and for performance by Consultant of all of its duties and obligations under this Agreement, except that additional services may be compensated as described below.
The Compensation shall be paid pursuant in the manner and at the times set forth below:
City shall pay Consultant on a time and materials basis for Consultant’s actual costs for all work called for in Exhibit “A” to this Agreement. All work to be performed under this Agreement shall be billed at the hourly rates set forth in Exhibit “B” attached hereto, Consultant shall submit monthly invoices to City which include detailed tasks, hours worked, and billable rates for all work completed, and detailed receipts for any out-of-pocket costs paid by Consultant in connection with work performed on this project. #21..
- 988 -
-3- City of Modesto
Construction Management and Inspection Services Cesar E. Chavez Park Renovation Additional services may be authorized by the City Manager in an amount not to exceed EIGHTY THOUSAND, NINETY-SEVEN AND 00/100 DOLLARS ($80,097).
In the event that additional services are deemed necessary, the Consultant shall provide a written request to the City Manager indicating the reason for additional work, scope and cost of such work. The City Manager shall provide a written response to the request, either approving or denying the additional expenditure. If additional services are requested and approved, they will be billed at the hourly rates set forth in Exhibit “B” and may not exceed the amount requested and approved in writing by the City Manager. In that event, the new total compensation shall not exceed NINE HUNDRED SEVENTEEN THOUSAND, ONE HUNDRED ELEVEN AND 00/100 DOLLARS ($917,111.00). If additional services in excess of this amount are deemed necessary by City Staff, an amendment to this Agreement will be required and must be approved by the City Council prior to commencing the work, as provided in Paragraph 9 of this agreement.
4.O BLIGATIONS OF CONSULTANT.
Throughout the term of this Agreement, Consultant shall possess, or secure all licenses, permits, qualifications and approvals legally required to conduct business.
Consultant warrants that it has all of the necessary professional capabilities and experience, as well as all tools, instrumentalities, facilities and other resources necessary to provide the City with the services contemplated by this Agreement. Consultant further represents that it will follow the current, generally accepted and professional practices to make findings, render opinions, prepare factual presentations, and provide professional advice and recommendations regarding this project.
#21..
- 989 -
-4- City of Modesto
Construction Management and Inspection Services Cesar E. Chavez Park Renovation
5. PERFORMANCE BY KEY EMPLOYEE.
Consultant has represented to City that JUSTIN WEHLING, will be the person primarily responsible for the performance of the services referred to in this Agreement.
City has entered into this Agreement in reliance on that representation by Consultant.
Consultant therefore agrees that ten percent (10%) or more of the time to be devoted to the project that is the subject of this Agreement will be that of the above-named person.
6. OWNERSHIP OF DOCUMENTS/TITLE TO DATA.
Ownership of Documents
All reports, drawings, designs, graphics, working papers and other incidental work or materials furnished hereunder shall become and remain the property of the City, and may be used by City as it may require without any additional cost to City. However, in the event City modifies any materials furnished to City by Consultant, without Contractor's involvement or consent, then Consultant shall not be responsible for the materials. No reports shall be used by the Consultant for purposes other than this contract without the express prior written consent of City.
Title to Data
If, as a part of the agreement, Consultant is required to produce data such as, but not limited to, drawings, plans, specifications, calculations, models, flow diagrams, visual aids and other related materials, the originals of all such data generated under this agreement will be delivered to City upon the completion or termination of services under the contract.
All materials, documents, data or information obtained from the City data files or any City medium furnished to Consultant in the performance of this Agreement will at all times remain the property of the City. Such data or information may not be used or copied for direct or indirect use by Consultant after termination of this Agreement without written consent #21..
- 990 -
-5- City of Modesto
Construction Management and Inspection Services Cesar E. Chavez Park Renovation of the City. Notwithstanding anything to the contrary in this Agreement, data and materials are not intended nor shall they be construed to include Consultant's pre-existing intellectual property secured, developed, written, or produced by Consultant prior to the execution of this Agreement or developed concurrently with this Agreement but not specifically for this Agreement; Consultant shall retain all right, title and interest in any such pre-existing intellectual property.
7. NEWS AND INFORMATION RELEASE.
Consultant agrees that it will not issue any news releases in connection with either the award of this Agreement, or any subsequent amendment of or efforts under this Agreement, without first obtaining review and approval of said news releases from City through the City Manager.
8. INTEREST OF CONTRACTOR.
Consultant warrants that it presently has no interest and shall not acquire any interest, direct or indirect, which would conflict in any manner or degree with the performance of services required to be performed under this Agreement. Consultant warrants that, in performance of this Agreement, Consultant shall not employ any person having any such interest. Consultant agrees to file a Statement of Economic Interests with the City Clerk at the start and end of this contract if so required at the option of City.
9. AMENDMENTS.
Both parties to this Agreement understand that it may become desirable or necessary during the execution of this Agreement, for City or Consultant to modify the scope of services provided for under this Agreement. Any material extension or change in the scope of work shall be discussed with City and the change and cost shall be memorialized in a written amendment to the original contract prior to the performance of the additional work.
Until a change order is so executed, City will not be responsible to pay #21..
- 991 -
-6- City of Modesto
Construction Management and Inspection Services Cesar E. Chavez Park Renovation any charges Consultant may incur in performing such additional services, and Consultant shall not be required to perform any such additional services.
10. INDEPENDENT CONTRACTOR.
All acts of Consultant, its agents, officers, and employees and all others acting on behalf of Consultant relating to the performance of this Agreement, shall be performed as independent contractors and not as agents, officers, or employees of City. Consultant, by virtue of this Agreement, has no authority to bind or incur any obligation on behalf of City.
Consultant has no authority or responsibility to exercise any rights or power vested in the City.
No agent, officer, or employee of the City is to be considered an employee of Consultant. It is understood by both Consultant and City that this Agreement shall not under any circumstances be construed or considered to create an employer-employee relationship or a joint venture.
Consultant, its agents, officers and employees are and, at all times during the terms of this Agreement, shall represent and conduct themselves as independent contractors and not as employees of City.
Consultant shall determine the method, details and means of performing the work and services to be provided by Consultant under this Agreement. Consultant shall be responsible to City only for the requirements and results specified in this Agreement, and, except as expressly provided in this Agreement, shall not be subjected to City's control with respect to the physical action or activities of the Consultant in fulfillment of this Agreement. Consultant has control over the manner and means of performing the services under this Agreement.
Consultant is permitted to provide services to others during the same period service is provided to City under this Agreement. If necessary, Consultant has the responsibility for employing other persons or firms to assist Consultant in fulfilling the terms and obligations under this Agreement.
#21..
- 992 -
-7- City of Modesto
Construction Management and Inspection Services Cesar E. Chavez Park Renovation If in the performance of this Agreement any third persons are employed by Consultant, such persons shall be entirely and exclusively under the direction, supervision, and control of Consultant. All terms of employment including hours, wages, working conditions, discipline, hiring, and discharging or any other term of employment or requirement of law shall be determined by the Consultant.
It is understood and agreed that as an independent contractor and not an employee of City neither the Consultant or Consultant's assigned personnel shall have any entitlement as a City employee, right to act on behalf of the City in any capacity whatsoever as an agent, or to bind the City to any obligation whatsoever.
It is further understood and agreed that Consultant must issue W-2 forms or other forms as required by law for income and employment tax purposes for all of Consultant's personnel.
As an independent contractor, Consultant hereby indemnifies and holds City harmless from any and all claims that may be made against City based upon any contention by any third party that an employer-employee relationship exists by reason of this Agreement.
11. ASSIGNMENT.
Neither this Agreement nor any portion thereof shall be subcontracted or assigned without the express prior written consent of the City in each and every instance and such approval shall not be unreasonably withheld.
12. PATENT/COPYRIGHT MATERIALS.
Unless otherwise expressly provided in the contract, Consultant shall be solely responsible for obtaining the right to use any patented or copyrighted materials in the performance of this Agreement. Consultant shall furnish a warranty of such right to use to City #21..
- 993 -
-8- City of Modesto
Construction Management and Inspection Services Cesar E. Chavez Park Renovation at the request of City.
13. NOTICES.
Notice required by this Agreement shall be given in writing and shall be deemed given and effective upon receipt provided that such are delivered in accordance with the provisions of this Section. Notices shall be delivered either by: (a) personal delivery (including delivery by an overnight courier service which obtains confirmation of receipt); or (b) by facsimile, provided that such transmission is followed by delivery by an overnight courier service which obtains confirmation of receipt; or (c) postage prepaid, return receipt requested, certified mail; or (d) by electronic transmission subject to reasonable proof that the notice was both transmitted and received. Each such notice shall be sent to the parties at the address respectively set forth below or to such other address as a party may designate by written notice given in accordance with the provisions of this Section:
FOR CONSULTANT: Name: TRC Engineers, Inc.
Address: 183 D’Arcy Parkway
Lathrop, CA 95330
Attention: Lincoln Leaman, PE, QSD, Vice President
Phone: (916) 995-6572
E-mail: [email protected]
FOR CITY: Name: City of Modesto
Address: P.O. Box 642
Modesto, CA 95353
Attention: Pete Kambel, Senior Civil Engineer
Phone: (209) 577-5444
Facsimile: (209) 577-4302
E-mail: [email protected]
14. INSURANCE REQUIREMENTS.
The Consultant shall provide at its own expense and maintain at all times the following insurance with insurance companies licensed in the State of California and shall provide evidence of such insurance to the City as may be required by the Risk Manager of the #21..
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-9- City of Modesto
Construction Management and Inspection Services Cesar E. Chavez Park Renovation City. The policies or certificates thereof shall provide that, thirty (30) days prior to cancellation or material change in the policy, notices of same shall be given to the Risk Manager of the City by certified mail, return receipt requested, for all of the following stated insurance policies.
In the event the certificates of insurance required hereunder do not provide for notice of cancellation to the certificate holder and/or additional insureds, the Consultant shall provide, and shall require its subcontractors to provide, as an express condition precedent to payment hereunder, an endorsement from their insurers providing that the additional insureds identified herein shall be provided 30 days notice of the cancellation on the policies of insurance required hereunder (10 days notice if the policies are cancelled for non-payment of premium). In addition, the named insured on all such policies shall provide to the additional insureds identified herein any notices of cancellation of said insurance policies within 5 business days of receipt of such notice. The Consultant shall, as a further express condition precedent to payment for work performed, affirm under penalty of perjury that the required insurance on the project remains in place and said insurance has not been cancelled.
(a) Worker's Compensation - in compliance with the statutes of the State of California, plus employer's liability with a minimum limit of liability of $1,000,000. (b) General Liability insurance with a minimum limit of liability per occurrence of $1,000,000 for bodily injury and property damage. If Commercial General Liability Insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit. This insurance shall indicate on the certificate of insurance the following coverages and indicate the policy aggregate limit applying to: premises #21..
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-10- City of Modesto
Construction Management and Inspection Services Cesar E. Chavez Park Renovation and operations; broad form contractual; independent consultants and subcontractors; products and completed operations as applicable.
(c) Automobile Liability insurance with a minimum limit of liability per occurrence of $1,000,000 for bodily injury and property damage. This insurance shall cover any automobile for bodily injury and property damage.
(d) Professional Liability insurance with a minimum limit of $1,000,000 per claim and policy aggregate. If coverage is on a claims made basis it shall be maintained for at least three (3) years following completion of the work.
If at any time any of said policies shall be unsatisfactory to the City, as to form or substance, or if a company issuing such policy shall be unsatisfactory to the City, the Consultant shall promptly obtain a new policy, submit the same to the Risk Manager for approval and submit a certificate thereof as hereinabove provided. Upon failure of the Consultant to furnish, deliver or maintain such insurance and certificates as above provided, this Agreement, at the election of the City, may be forthwith declared suspended or terminated.
Failure of the Consultant to obtain and/or maintain any required insurance shall not relieve the Consultant from any liability under this Agreement, nor shall the insurance requirements be construed to conflict with or otherwise limit the obligations of the Consultant concerning indemnification. The City, its agents, officers, and employees shall be named as an additional insured on all insurance policies required herein, except Workers' Compensation and Professional Liability. The Workers' Compensation insurer shall agree to waive all rights of subrogation against the City, its agents, officers, and employees for losses arising from work performed by Consultant for the City. The Consultant's insurance policy(ies) shall include a provision that the coverage is primary as respects the City; shall include no special limitations to #21..
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-11- City of Modesto
Construction Management and Inspection Services Cesar E. Chavez Park Renovation coverage provided to additional insured; and, shall be placed with insurer(s) with acceptable Best's rating of A:VII or with approval of the Risk Manager. The Consultant must deliver certificates evidencing existence of the insurance listed above to the City prior to the time the contract is signed.
CONSULTANT shall provide CITY with separate endorsements evidencing proof of the CITY’s additional insured status as to both the general liability and automobile liability insurance policies. In addition, CONSULTANT shall provide CITY with a Workers Compensation subrogation waiver by way of a separate endorsement. All endorsements referenced above must include the applicable policy number.
For any claims related to this project, the CONSULTANT’S insurance coverage shall be primary insurance as respects the Entity, its officers, officials, and employees.
Any insurance or self-insurance maintained by the Entity, its officers, officials, or employees shall be excess of the CONSULTANT’S insurance and shall not contribute with it.
15. TERMINATION OF AGREEMENT.
Termination by City for Default of Consultant
Should Consultant default in the performance of this Agreement or materially breach any of its provisions, at its option, City may terminate this Agreement by giving written notification to Consultant provided that Consultant has not commenced to cure the breach or non-conforming Services within a reasonable amount of time, not to exceed seven (7) business days, of Consultant's notice of such breach or non-conformance. The termination date shall be the effective date of the notice. For the purposes of this section, material breach of this Agreement shall include, but not be limited to, any of the following: failure to perform required services or duties, willful destruction of City's property by Consultant, dishonesty or theft.
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-12- City of Modesto
Construction Management and Inspection Services Cesar E. Chavez Park Renovation Termination by City for Convenience
The City may also terminate the Consultant's performance under the Agreement, either in whole or in part, at its own discretion, or when conditions encountered during the Work make it impossible or impracticable to proceed, or when the City is prevented from proceeding with the Agreement by act of God, by law, or by official action of a public authority, or upon a determination by the City that such termination is in the best interest and convenience of the City, or whenever the City is prohibited from completing the Work for any reason. The City shall provide no less than ten (10) calendar days written notice of its intent to terminate the Agreement for convenience, and shall endeavor to provide the Consultant with consultation with the City prior to termination.
Post-Termination Procedure
Upon receipt of a written notice of termination pursuant to either of the foregoing paragraphs, the Consultant shall:
a. Cease its work as directed in the notice of termination as of the termination date and see to it that its employees, subconsultants and agents are notified of such termination and act as specified in the notice of termination;
b. Terminate all orders and Subcontractors except as necessary to complete any portion of the Work that is not terminated; c. If directed in writing by the City to do so, assign all right, title and interest in subcontracts and materials in progress to City and upon full compensation therefore, in which case the City will have the right at its discretion to settle, or pay any or all claims arising out of the termination of such subconsultants, but in no #21..
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-13- City of Modesto
Construction Management and Inspection Services Cesar E. Chavez Park Renovation event shall recovery by any Consultant or subconsultant include lost profits for portions of the Work not completed or undertaken, including materials not delivered;
d. Deliver or otherwise make available to the City all data, drawings, specifications, reports, estimates, summaries and such other information and material as may have been accumulated by the Consultant in performing the Work whether completed or in process and that Consultant has been fully compensated for;
e. Settle outstanding liabilities and claims, subject to the approval of City;
f. Complete performance of such part of the Work as has not been terminated;
g. Take such other actions as may be necessary, or as may be directed by the City for the protection and preservation of the Work and/or property related to the Work;
h. If City so requests, and at City's cost, Consultant shall provide sufficient oral or written status reports to make City reasonably aware of the status of Consultant's work on the project. i. The Consultant understands and agrees that City may, in City's sole discretion, refuse to pay Consultant for that portion of Consultant's services which were performed by Consultant on the project prior to the termination date and which remain
unacceptable and/or not useful to City as of the termination date. #21..
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-14- City of Modesto
Construction Management and Inspection Services Cesar E. Chavez Park Renovation City will pay Consultant an amount based on the percentage of satisfactory work completed in accordance with the notice of termination. The final payment to the Consultant after termination for convenience shall be limited to amounts due and owing under the Agreement at time of termination, including the following:
a. The cost of settling and paying valid claims arising out of the termination of the Work such as subconsultant agreements or contracts for materials;
b. The Agreement price allocable to the portion of the Work properly performed or goods supplied to the work site by the Consultant as of the date of termination, as determined in accordance with the notice of termination, reduced by any sums previously paid to the Consultant.
Authorization to Terminate Agreement
Termination of the Agreement may be invoked by the City Manager, or his/her designee, subject to the right of the Consultant to appeal the City Manager, or his/her designee’s, decision to the City Council. The Consultant shall appeal by notifying the City Clerk in writing within ten (10) calendar days of receipt of written notification from City of termination of the Agreement. In the event that termination of this Agreement is upheld by the City Council, any cessation of payment of delay claims, extended claims, Eichleay claims, or any other claims for delay shall be retroactive to the date of termination selected by the City Manager, or his/her designee.
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-15- City of Modesto
Construction Management and Inspection Services Cesar E. Chavez Park Renovation
16. CERTIFIED PAYROLL REQUIREMENT.
For consultants performing field work on public works contracts on which prevailing wages are required: The Consultant shall comply with the provisions of Section 1776 of the California Labor Code, regarding payroll records, and shall require its subconsultants and subcontractors to comply with that section as may be required by law.
17. INDEMNITY.
The Consultant shall hold the City, its agents, officers, and employees, harmless from and save, defend and indemnify them against any and all claims, losses, liabilities, judgments or damages from every cause, including but not limited to injury to person or property or wrongful death, including reasonable costs and expenses of defense of any judicial or administrative action, to the extent caused by any negligent or intentional act or omission of Consultant, or its agents, officers, or employees relating to or during the performance of its obligations under this Agreement. To the fullest extent permitted under applicable law, Neither Party shall be liable to the Other Party for special, indirect, consequential, punitive, or exemplary damages.
In no event shall the cost to defend charged to the Consultant exceed the Consultant’s proportionate percentage of fault. However, notwithstanding the previous sentence, in the event one or more defendants is unable to pay its share of defense costs due to bankruptcy or dissolution of the business, the Consultant shall meet and confer with other parties regarding unpaid defense costs. Consultant's obligation to defend, indemnify, and hold the City, its agents, officers, and employees harmless under the provisions of this paragraph is not limited to or restricted by any requirement in this Agreement for Consultant to procure and maintain a policy of insurance.
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-16- City of Modesto
Construction Management and Inspection Services Cesar E. Chavez Park Renovation
18. DISPUTE RESOLUTION.
All claims, controversies, or disputes arising out of, or relating to the formation of this Agreement, or the breach, termination execution, enforcement, interpretation, or validity of this Agreement, including the determination of the scope or applicability of this contract provision shall be determined by binding arbitration in Modesto, California by one arbitrator, except as otherwise specified in this Agreement. The American Arbitration Association shall administer the arbitration under its Arbitration Rules then in effect, subject to the modifications of those rules contained in this paragraph. This agreement to arbitrate shall be specifically enforceable under the prevailing law of any court having jurisdiction, and the award rendered by the arbitrator may be entered in any court having jurisdiction. The appropriate venue for any arbitration or court proceeding relating to or arising out of this provision shall be in Stanislaus County, California.
This paragraph is not intended to and does not waive the claim filing requirements found in California Government Code section 900 et seq. In the event that a timely and legally sufficient, arbitrable claim is filed by Consultant with City, and the claim is rejected in whole or in part by City, this paragraph shall result in the conclusive, final, and binding resolution of all the issues presented in the claim by Consultant so long as any issues presented by the claim are arbitrable. Claims rejected by City or by operation of law, shall be submitted by Consultant to arbitration pursuant to the Arbitration Rules of the American Arbitration Association within ninety (90) days after mailing of the written rejection by City to Consultant.
Otherwise, the claim or claims shall be deemed waived in their entirety.
The “fast track’ rules of the American Arbitration Association shall apply to any claim or counterclaim less than ONE HUNDRED FIFTY THOUSAND AND 00/100 ($150,000.00) DOLLARS. In arbitration not proceeding under the “fast track” rules, the #21..
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Construction Management and Inspection Services Cesar E. Chavez Park Renovation arbitrator shall have the power to order that depositions be taken and other discovery be made.
Both City and Consultant shall have the right, upon written notice, to take no more than three (3) depositions of the other as a matter of right in an arbitration proceeding under the “fast track” rules.
Whether or not City and Consultant may be engaged in interstate commerce, any controversy or dispute mentioned above shall be determined by, and the parties shall be bound by, the substantive law of the State of California, and not the Federal Arbitration Act at 9 USC Section 1 et seq.
The arbitrator may grant any remedy or relief deemed by the arbitrator just and equitable under the circumstances, whether or not such relief could be awarded in a court of law. The arbitrator shall be empowered to award monetary sanctions against a party for failure of cooperation in the arbitration. The arbitrator shall, in written award, allocate all the costs of the arbitration, including the fees of the arbitrator and the reasonable attorney fees of the prevailing party, against the party who did not prevail. The prevailing party shall be the party in whose favor the majority of the central issues in the case are resolved.
Notwithstanding anything in this provision to the contrary, the arbitrator shall have no power to award punitive damages or other damages not measured by the party’s actual damages (excluding litigation costs and fees) against any party. This limitation of the arbitrator’s powers under this Agreement shall not operate as an exclusion of the issue of punitive damages from this Agreement to Arbitrate sufficient to vest jurisdiction in a court with respect to that issue.
Consultant shall include in all subcontracts a specification whereby the subcontractor consents to being joined in an arbitration between City and Consultant involving the work of the subcontractor to be joined. Consultant’s failure to do so shall be a breach of this #21..
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-18- City of Modesto
Construction Management and Inspection Services Cesar E. Chavez Park Renovation Agreement. The parties hereby waive any rights provided by Title 9.2 of the California Code of Civil Procedure, Section 1296. The arbitrator’s award shall be deemed final, conclusive and binding to the fullest extent allowed by California law.
19. ENTIRE AGREEMENT.
This Agreement and its exhibits contain the entire understanding between Consultant and City. Additional or new terms contained in this Agreement which vary from Consultant's proposal are controlling and are deemed accepted by Consultant by shipment of any article or other commencement of performance hereunder. All previous proposals, offers and communications relative to this Agreement, whether oral or written, are hereby superseded except to the extent that they have been incorporated into this Agreement. No future waiver of or exception to any of the terms, conditions, and provisions of this Agreement shall be considered valid unless specifically agreed to in writing by all the parties.
20. PARTIAL INVALIDITY.
If any provision in this Agreement is held by a court of competent jurisdiction to be invalid, void, or unenforceable, the remaining provisions shall nevertheless continue in full force without being impaired or invalidated in any way.
21. WAIVER.
The waiver by any party to this Agreement of a breach of any provision hereof shall be in writing and shall not operate or be construed as a waiver of any other or subsequent breach hereof unless specifically stated in writing.
22. AUDIT.
The City's duly authorized representative shall have access at all reasonable times to all reports, contract records, contract documents, contract files, and personnel necessary to audit and verify Consultant's charges to City under this Agreement. Notwithstanding #21..
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-19- City of Modesto
Construction Management and Inspection Services Cesar E. Chavez Park Renovation the foregoing, City's right to audit shall not extend to Consultant's overhead, markups, profit/loss information, fixed rates, unit prices, prices expressed as percentages or any trade secrets.
Consultant agrees to retain reports, records, documents, and files related to charges under this Agreement for a period of four (4) years following the date of final payment for Consultant services. City's representative shall have the right to reproduce any of the aforesaid documents.
23. GOVERNING LAW.
This Agreement shall be governed according to the laws of the State of California.
24. HEADINGS NOT CONTROLLING.
Headings used in the Agreement are for reference purposes only and shall not be considered in construing this Agreement.
25. COMPLIANCE WITH LAWS.
Consultant shall insure compliance with all safety and hourly requirements for employees, in accordance with federal, state, and county safety and health regulations and laws. Consultant shall fully comply with all applicable federal, state, and local laws, ordinances, regulations and permits.
26. CITY BUSINESS LICENSE.
Consultant will have a City of Modesto business license. #21..
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-20- City of Modesto
Construction Management and Inspection Services Cesar E. Chavez Park Renovation IN WITNESS WHEREOF, the City of Modesto, a municipal corporation, has authorized the execution of this Agreement in duplicate by its City Manager and attestation by its City Clerk under authority of Resolution No. 2024-________, adopted by the Council of the City of Modesto on the 10th day of September, 2024, and Consultant has caused this agreement to be duly executed in duplicate as of the Effective Date.
(Signatures on next page)
AM Reviewed 9/3/2024
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City of Modesto | Briggsmore Avenue and Orangeburg Avenue Pavement Rehab Including Bid Alt 10680 White Rock Road T 916.826.4429
Suite 100 TRCcompanies.com
Rancho Cordova, CA 95670
EXHIBIT "A"
8/29/ 2024
Peter Kambel, Senior Civil Engineer
City of Modesto
1010 Tenth Street, Suite 4600
Modesto, CA 95353
Subject: Scope of Services | Cesar E. Chavez Park Renovation Project 2024-01 Dear Mr. Kambel,
Thank you for the opportunity to submit our proposal to provide construction management services for the Cesar E. Chavez Park Renovation Project 2024-01. TRC is excited to continue our ongoing relationship with the City of Modesto and continue to deliver high-quality projects. Our proposal is based on our review of project plans and special provisions, as well as our experience in delivering similar projects for the City.
Project Understanding
Based on our review of the project documents, we understand that this is a high-profile project that will includes but not limited to the following,
• New lighted splash park
• New recreational multi-purpose rooms at the Maddux Youth Center • New stormwater treatment and storage systems
• New vandal-resistant restroom building
• New lighted picnic pavilion
• New lighted basketball court
• New lighted skate plaza
• New exercise fitness areas
• New non-lighted youth soccer field
• New outdoor community events space
• New concrete circulation walking paths
• New park area lighting improvements and security camera systems • New park benches, tables and drinking fountain
• New irrigation and renovated turf grass
• New water-efficient landscape planter areas
• New tree plantings throughout the park
We understand that the successful completion of this project will require experienced inspection and project management staff knowledgeable about this type of work and that is what TRC provides. In addition to providing expert staff, through our value-added approach to our work, we will identify any opportunities to expedite projectdelivery and reduce the overall cost of the project.
Scope of Services
We acknowledge the Scope of Services provided as part of this RFP and commit to deliver those services as defined and as further described below.
Task 1 Project Oversight
Task 2 Constructability Review of Project Plans/Specifications/Estimate (Completed) #21..
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City of Modesto | Briggsmore Avenue and Orangeburg Avenue Pavement Rehab Including Bid Alt Task 3 Documentation and Document Control
• Attend, Pre-Construction Meeting Setup and ran by city • Pre-Construction Jobsite Documentation and Project Setup • Daily Field Inspection and documentation of work completed, issues identification and resolution • RFI/ PCO Review and recommendation
• WSWD
• Review Contractors Progress payment, compile, and present monthly Pay estimates with City Pay sheets, updated Qty/Budget tracking spreadsheet to City staff for final review and payment Task 4 Contract Administration
Task 5 Construction Management/Coordination
Task 6 Conduct Weekly/Monthly Construction Meetings
Task 7 Quality Control, Inspection and Testing
Task 8 Materials testing
Task 9 Start-up, Closeout and Acceptance
From our recent experience with projects in the City of Modesto, we understand the value of coordinating with the design team and surveyor during construction of a park. We understand that this is an interactive and iterative process that involves strong technical skills, a clear understanding of the City’s expectations, and the ability to implement those expectations during the construction phase. We will continue to bring that level of service by delivering a completed project to the city that accomplishes their goals.
Project Manager/Supervising Construction Inspector Justin Wehling will represent our team. Justin has extensive experience performing Inspection and managing high-profile projects. Justin will provide oversight of the project to ensure focus is on the most important technical and political elements of the project. TRC will provide both CM services and daily field inspection for this project. In addition, our proposed subconsultant partner, Terracon Consultants, Inc., will provide materials testing support.
Knowing our past success working within the city of Modesto, TRC believes our team will be a seamless addition to the City's existing resources. We will assist in taking your project from design to completion concentrating on the following efforts to minimize cost and schedule impacts
Should you have any questions regarding our proposal, please feel free to contact Justin Wehling directly at (916) 826-4429, or by email at [email protected].
Respectfully submitted,
TRC Engineers, Inc.
Lincoln Leaman, PE, QSD
Vice President/Northern California Regional Manager
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EXHIBIT "B" Cesar E Chavez Park Renovation
Cost of Services Worksheet August 4, 2023
Project Schedule
Oct Nov Dec Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Calendar days 31 30 31 31 28 31 30 31 30 31 31 30 31 30 Estimated Prof. Svcs NTP: August 21, 2023 Work days 21 20 21 21 19 23 20 22 22 20 23 20 22 20 Estimated Substantial PHASE 1: PRE-CONSTRUCTION 10 30 48 Completion (Construction):
PHASE 2: CONSTRUCTION 220 336 336 304 368 320 352 352 321 369 321 157 PHASE 3: POST CONSTRUCTION 10 120 Estimated Manhours: 3,734 Position Name Rate Oct Nov Dec Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Hours ACM/ Sr Inspector (Non-PW Duties) Justin Wehling $ 195.80 15 16 31 $ 6,069.80 OE./ RE (Non-PW Duties) Ben Orejel $ 196.00 15 16 31 $ 6,076.00 * Inspector (Day ST) Brandyn Mccary $ 192.84 16 16 $ 3,085.44 $ 15,231.24
$ 15,231.24
ACM/ Sr Inspector (Non-PW Duties) Justin Wehling $ 195.80 42 42 38 46 40 44 44 40 46 40 20 442 $ 86,543.60 OE./ RE (Non-PW Duties) Ben Orejel $ 196.00 84 84 76 92 80 88 88 81 93 81 37 884 $ 173,264.00 Inspector (Non-PW duties Only) Brandyn Mccary $ 135.00 0 * Inspector (Day ST) Brandyn Mccary $ 192.84 168 168 152 184 160 176 176 160 184 160 80 1,768 $ 340,941.12 * Inspector (Day OT) Brandyn Mccary $ 220.98 42 42 38 46 40 44 44 40 46 40 20 442 $ 97,673.16 $ 698,421.88
Subconsultant: Materials Testing Terracon $72,524.00 NTE $72,524.00 Subconsultant Markup 5% $ 3,626.20
$ 76,150.20
$ 774,572.08
ACM/ Sr Inspector (Non-PW Duties) Justin Wehling $ 195.80 40 40 $ 7,832.00 OE./ RE (Non-PW Duties) Ben Orejel $ 196.00 40 40 $ 7,840.00 * Inspector (Day ST) Brandyn Mccary $ 135.00 40 40 $ 5,400.00 $ 21,072.00
Vehicles Allowance $7.00 30 48 336 336 304 368 320 352 352 321 369 321 277 3,734 $ 26,138.00 $ 26,138.00
$ 26,138.00
$ 837,013.32
Notes and Assumptions:
• Fees are based on 220 day construction duration with professional services NTP anticipated in January 2024. • Should the actual schedule require more or less professional services than proposed adjustments to this estimate may be required. • Client will be billed only for hours worked. Night work and Overtime will be billed at a pro-rata adjusted rate. 3% annual escalation effective every January 1st. • Unless otherwise noted, above rates are straight-time rates. Overtime, rain, holidays and potential time extensions or delays may result in additional professional services.
TOTAL OF CONTRACT
SUBTOTAL: SUBCONSULTANTS
SUBTOTAL PHASE 2: CONSTRUCTION:
PHASE 3: POST CONSTRUCTION
City of Modesto | Construction Management and
Inspection Services for the Cesar E Chavez Park Renovation SUBTOTAL PHASE 3: POST CONSTRUCTION:
ODC's
SUBTOTAL ODC's:
SUBTOTAL: LABOR
SUBTOTAL PHASE 1: PRE-CONSTRUCTION:
PHASE 2: CONSTRUCTION
SUBTOTAL: LABOR
2024 2025
Totals
PHASE 1: PRE-CONSTRUCTION
TRC Engineers, Inc.
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CITY OF MODESTO
COUNCIL AGENDA REPORT
DATE OF MEETING:
September 10, 2024
Date: August 19, 2024
TO: Mayor and City Council
THROUGH: Joseph P. Lopez, City Manager
FROM: Brandon Gillespie, Chief of Police
SUBJECT: Non-Emergency Transport Application for Trauma Life Care Medical Transport CONTACT: Kalani Souza, Lieutenant, [email protected], 209-572-9500 DESCRIPTION:
Hearing to consider approving the application and issuance of a Permit to operate as a NonEmergency Medical Transport Company to Trauma Life Care Medical Transport in the City of Modesto. (Funding Source: General Fund)
STRATEGIC PLAN ELEMENT:
This item is related to the 2020-2025 Strategic Plan goal of improving community safety and quality of life through a combination of prevention and intervention efforts that address safety and its underlying issues. (Goal A of Quality of Life Goals and Strategies) BACKGROUND:
The City of Modesto allows non-emergency medical transport companies to apply for a nonemergency transport permit. In addition to the application, the transport company is required to pay a filing fee of $1,000 and provide all the necessary documents and information as outlined in Modesto Municipal Code 3-9.01 to 3-9.20. Once the application, documentation, and necessary fees have been received by the Modesto Police Department (MPD), a background investigation must be completed by the department. Upon a successful completion of the background investigation, the application proceeds to a hearing before the City Council to determine whether the public convenience and necessity require the proposed service. The Council must grant the applicant a permit upon making the following findings:
(a) That the vehicles described in the application and proposed to be used are appropriate for the purpose of nonemergency transport;
(b) That the color scheme, insignia, name, monogram or other distinguishing characteristics proposed to be used upon such nonemergency transport vehicles is not in conflict with and do not imitate any color scheme, insignia, name, monogram or other distinguishing #23..
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City Council, September 10, 2024
Non-Emergency Transport Application for Trauma Life Care Medical Transport
characteristics used by any other person, in such manner as to mislead or tend to mislead, deceive, or defraud the public;
(c) That the applicant is fit, willing and able to perform nonemergency transport service and to conform to the provisions of this chapter, and such rules and regulations as may be promulgated by the Council. In making such findings, the Council shall take into consideration the character, experience, and responsibility of the applicant; (d) That the proposed nonemergency transport service is required by the public convenience and necessity. In making such finding, the Council shall take into consideration the number of nonemergency transport vehicles already in operation, whether existing nonemergency transport service is adequate to meet public need, and the probable effect of increased nonemergency transport service on local traffic conditions; and (e) None of the factors enumerated in Section 3-9.07 of the Modesto Municipal Code exist, such as misleading color schemes, disqualifying background factors, and proof of insurance.
After approval from Council has been provided, the permit will be issued by the Modesto Police Department.
Currently there are thirteen permitted ambulance companies in Modesto to provide nonemergency transport: America West, Amwest Ambulance, Bay Medic Transportation, Citizens Medical Transport, Heavenly Medical Transport LLC, MacIntosh Transport LLC, Medics Plus, NorCal Ambulance, Mediwest Non-Emergency Medical Transportation, Provident Senior Solutions, Inc, Quality Care Transport Inc, Rose Medical Transportation and Star Nonemergent Transportation.
DISCUSSION:
Trauma Life Care Medical Transport has applied to operate a non-emergency medical transportation service in the City of Modesto. Trauma Life Care Medical Transport has paid the $1,000 filing fee to cover administrative, investigative, and other incidental costs associated with the application and have provided all necessary information as outlined in Sections 3-9.01 to 3-
9.20 of the Modesto Municipal Code. Photos of the proposed vehicles were provided. They depict vehicles that are appropriate for their intended use, and the vehicle color and markings are not misleading. In reviewing the application and subsequent background, it appears the applicant can perform the proposed services, and these services benefit the public convenience and necessity based on the number of licensed providers currently operating in the city. There are no disqualifying factors at this time. The MPD concluded the required background investigation on Trauma Life Care Medical Transport indicating the applicant has complied with the requirements contained in the Modesto Municipal Code 3-9.01 through 3-9.20 and recommended to staff to proceed with Council approval to issue the operational permit.
FISCAL IMPACT:
Trauma Life Care Medical Transport will be required to obtain a City Business license and renew it annually – which currently costs $75 and includes a $4 fee to the State of California for Disability Act AB1379. Additionally, Trauma Life Care Medical Transport will be required to pay mill tax, #23..
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City Council, September 10, 2024
Non-Emergency Transport Application for Trauma Life Care Medical Transport
which is currently at a rate of 0.002, on their gross receipts while operating in the city. Fees and mill tax paid to the City are revenue to the General Fund.
COMMITTEE RECOMMENDATION:
This was presented to the Safety & Communities Committee on August 12, 2024, and was recommended to forward to City Council for approval.
RECOMMENDED COMMITTEE ACTION:
Staff Recommendations:
Resolution approving the application and issuance of a Permit to operate as a Non-Emergency Medical Transport Company to Trauma Life Care Medical Transport in the City of Modesto.
Approved by:
Brandon Gillespie, Chief of Police
Joseph P. Lopez, City Manager
Attachments:
1. Resolution
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MODESTO CITY COUNCIL
RESOLUTION NO. 2024-XX
RESOLUTION APPROVING THE APPLICATION AND ISSUANCE OF A
PERMIT TO OPERATE AS A NON-EMERGENCY MEDICAL TRANSPORT
COMPANTY TO TRAUMA LIFE CARE MEDICAL TRANSPORT IN THE CITY
OF MODESTO
WHEREAS Trauma Life Care Medical Transport has submitted an application to provide non-emergency medical transport services within the City of Modesto; and
WHEREAS the City allows non-emergency medical transport companies to apply for a non-emergency transport permit. In addition to the application, the transport company is required to pay a filing fee of $1,000 and provide all the necessary documents and information as outlined in Modesto Municipal Code 3-
9.01 to 3-9.20. Once the application, documentation, and necessary fees have been received by the Modesto Police Department (MPD), a background investigation must be completed by the department. Upon successful completion of the background investigation, the application proceeds to a hearing before the City Council to determine whether the public convenience and necessity require the proposed services; and
WHEREAS, the Modesto Police Department has completed background investigations regarding Trauma Life Care Medical Transport, per Modesto Municipal Code Section 3-9.05; and
WHEREAS Council approval is required for Trauma Life Care Medical Transport to function as a non-emergency medical transport service provider within the City of Modesto; and
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WHEREAS a duly noticed public hearing was held by the City Council of the City of Modesto on September 10, 2024, at 5:30 p.m. in the Tenth Street Place Chambers located at 1010 Tenth Street, Modesto, California, to consider authorizing the issuance of a permit to Trauma Life Care Medical Transport for a non-emergency medical transport service within the City of Modesto; and WHEREAS Modesto City Council finds that Trauma Life Care Medical Transport will serve the public convenience and necessity requirements.
NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Modesto that it hereby approves the application of Trauma Life Care Medical Transport and issues Trauma Life Care Medical Transport a permit to operate as a non-emergency medical transport company in the City of Modesto.
The foregoing resolution was introduced in a regular meeting of the Council of the City of Modesto held on the 10th day of September 2024, by Councilmember ________, who moved its adoption, which motion being duly seconded by Councilmember ______, was upon roll call carried and the resolution adopted by the following vote:
AYES: Councilmembers:
NOES: Councilmembers:
ABSENT: Councilmembers:
ATTEST: _____________________________
DIANE NAYARES-PEREZ, City Clerk
(SEAL)
APPROVED AS TO FORM:
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BY: _________________________________
JOSE M. SANCHEZ, City Attorney
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CITY OF MODESTO
COUNCIL AGENDA REPORT
DATE OF MEETING:
September 10, 2024
Date: September 3, 2024
TO: Mayor and City Council
THROUGH: Joseph P. Lopez, City Manager
FROM: Jessica Hill, Director of Community and Economic Development SUBJECT: Letter of Intent with the United Soccer League CONTACT: Sean M. Rando, Business Analyst, [email protected], 209-577-5473 DESCRIPTION:
Consider approving a Letter of Intent between the United Soccer League, LLC and the City of Modesto to establish an exclusive negotiating period for the exploration of a League expansion into the City, and authorizing the City Manager, or his designee, to execute the Letter. (Funding Source: General Fund)
STRATEGIC PLAN ELEMENT:
The recommended action supports the City’s 2020-2025 Strategic Plan, Goal E: Drive Economic Vitality through the creation of a vibrant and economically sustainable business climate.
BACKGROUND:
Throughout the last three years, the City of Modesto has worked diligently alongside public and private partners to create the Downtown Master Plan, Stanislaus 2030 Blueprint, and the Modesto Renewal & Diversification Project (“River District Study”). Through the preparation of these studies and planning documents, staff and consultants have engaged with hundreds of residents, business owners, faith-based organizations, and nonprofits. This engagement has yielded a broad consensus across stakeholder groups regarding community challenges, strengths, and high-leverage opportunities to achieve a more vibrant community and regional economy.
The City has moved forward by leveraging the results from the previous studies to help better inform the implementation of the various plans in its efforts to bring diverse entertainment options to the community, as well as attract visitors to the City to support economic development. These efforts include exploring options and locations of a potential stadium, sports leagues, and an entertainment district.
As part of the City’s commitment to explore sports entertainment options, the City and the United Soccer League (“USL”) have been discussing bringing professional soccer to Modesto.
The USL selected Modesto as a potential location for both a men’s and a women’s team. #24..
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City Council, September 10, 2024
Letter of Intent with the United Soccer League
DISCUSSION:
The USL was founded in 1986 and operates the USL Championship (“USLC”), which is one of the fastest-growing professional sports leagues in the country. USLC has been sanctioned by the United States Soccer Federation (“U.S. Soccer”) as a Division II league since 2017, placing it under Major League Soccer (“Division II”) in the hierarchy. The USLC currently has 24 professional men’s soccer teams and is one of the most successful professional soccer leagues in the world, reaching more than 84 million fans across North America. The USL also operates a Division III men’s professional soccer league.
In 2022, the USL founded the USL Super League which is a women’s professional soccer league.
The USL Super League has also committed to US Soccer’s Division I standards, reflecting its collective vision to be a global leader, on and off the field, while providing more opportunities for women in more communities. This year, 2024, is the inaugural season, which will feature eight teams, with additional teams to join in subsequent seasons. The USL also operates a Division II women’s professional soccer league.
As staff reviewed potential entertainment options, staff determined there was significant soccer interest in the community through various indicators such as viewership of international or MLS soccer on TV or participating in soccer in the last 12 months. The Modesto market significantly outperforms the other markets in those and similar metrics, indicating that there is strong demand for, and interest in soccer, in the local market. This suggests that a USL team in Modesto would be able to perform around the top of the league in terms of attendance.
Modesto also has a fairly large population compared to the surrounding region, with major sources of population located near California State Highway 99. The 10-, 20-, and 30-minute drive time catchment areas have populations ranging from nearly 200,000 to over 700,000. Given the current base of over 700,000 people within the Central Valley, this market has the capacity to achieve competitive stadium attendance moving forward. Though much of this larger population falls outside of the 30-minute drive time catchment (which represents the trade area of most minor league sports teams), it represents the opportunity available to a new USL team if it becomes a regional rather than local draw.
In discussions between USL and the City, the USL has identified Modesto as a potential location for both a men’s and a women’s team. The initial step to facilitate continued discussion with the USL will be the execution of a Letter of Intent (“LOI”) to formalize exclusive negotiations between both Parties.
The LOI describes the process that the City and USL agree to undertake to explore and analyze, in good faith, the possible establishment of professional soccer to be played in a multi-purpose stadium to be constructed and operated in Modesto. The details surrounding a stadium including location and funding are still to be determined.
As part of the LOI, the City and USL agree to discuss and explore the following topics and terms:
Potential location of the multi-purpose stadium within Modesto. Potential designs and size of the Stadium to ensure compliance with applicable USL stadium requirements.
Subject to USL Stadium Requirements, the Parties currently intend that the Stadium would have a minimum seating capacity of 5,000, with the ability to expand to at least #24..
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City Council, September 10, 2024
Letter of Intent with the United Soccer League
10,000 seats, and serve as the home stadium for each of a men’s professional soccer team, and women’s professional soccer team.
How construction of the Stadium will be financed, including exploration of the use of financing districts.
The identity of the ownership, management, and operation of the Stadium, and agreements relating to leases, licenses, easements, and other real property transactions for the Stadium.
The type of ancillary development which may be constructed adjacent to, or in the vicinity of, the Stadium.
What plans, studies, and other predevelopment costs are necessary.
The LOI has an exclusive negotiating period that lasts from the execution of the LOI through September 10, 2025. If the Parties have executed a nonbinding Memorandum of Understanding regarding the establishment of professional soccer in the City, the exclusive negotiating period will be extended by six months. During the exclusive negotiating period, USL agrees not to explore establishing a professional soccer team anywhere else in Stanislaus County or Merced County, and Modesto agrees not to explore the establishment of a professional soccer team in the City with any entity other than USL.
FISCAL IMPACT:
There is currently no fiscal impact directly resulting from the execution of the LOI. If approved, the Parties will discuss their proposed respective obligations for the cost of construction of the Stadium, including private and public financing and the establishment of public financing districts.
COMMITTEE RECOMMENDATION:
Due to the urgent nature of the action needed, as noted above, this item was not presented to a Council Committee.
CEQA REQUIREMENTS:
The LOI is not a project subject to the requirements of the California Environmental Quality Act (“CEQA”), and no CEQA approval is required in connection with the approval of the LOI. Before any potential proposed stadium is approved, further environmental review will occur.
RECOMMENDED COUNCIL ACTION:
Staff Recommendations:
Resolution approving a Letter of Intent between the United Soccer Leagues, LLC and the City of Modesto and authorizing the City Manager, or his designee, to execute the Letter.
Approved by:
Jessica Hill,
Director of Community and Economic Development
Joseph P. Lopez, City Manager
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City Council, September 10, 2024
Letter of Intent with the United Soccer League
Attachments:
1. Resolution
2. Letter of Intent
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9/10/2024/CED/Srando/Item # 1 2024-xxx
MODESTO CITY COUNCIL
RESOLUTION NO. 2024-XX
RESOLUTION APPROVING A LETTER OF INTENT BETWEEN THE UNITED
SOCCER LEAGUES, LLC AND THE CITY OF MODESTO, AND AUTHORIZING
THE CITY MANAGER, OR HIS DESIGNEE, TO EXECUTE THE LETTER WHEREAS, the City of Modesto has worked diligently alongside public and private partners to create the Downtown Master Plan, Stanislaus 2030 Blueprint, and the Modesto Renewal & Diversification Project (“River District Study”); and WHEREAS, through the preparation of these studies and planning documents, staff and consultants have engaged with hundreds of residents, business owners, faithbased organizations, and nonprofits; and WHEREAS, this engagement has yielded a broad consensus across stakeholder groups regarding community challenges, strengths, and high-leverage opportunities to achieve a more vibrant community and regional economy; and WHEREAS, the City intends to leverage the results from these prior studies to help inform the implementation of these plans; and
WHEREAS, the City has continued to make a concentrated effort to bring diverse entertainment options to the community in an effort to provide entertainment for residents as well as attract additional visitors to the community for economic development; and WHEREAS, the City has received initial interest from the United Soccer Leagues, LLC (“USL”) for a potential league expansion into the City of Modesto, establishing a men’s and a woman’s soccer team; and
WHEREAS, the first step in the league expansion process is to formalize an exclusive negotiating period through a letter of intent (“LOI”) with the results of these #24..
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9/10/2024/CED/Srando/Item # 2 2024-xxx
negotiations being documented in a future Memorandum of Understanding (“MOU”); and WHEREAS, the LOI describes the process the City and USL agree to undertake to explore and analyze, in good faith, the possible establishment of professional soccer to be played in a multi-purpose stadium to be constructed and operated in the City of Modesto; and
WHEREAS, the exclusive negotiating period will commence on the execution of the LOI and last for one (1) year, with an automatic six (6) month extension if the Parties have executed a nonbinding MOU regarding the establishment of professional soccer in the City; and
WHEREAS, approval of the LOI does not approve or authorize any stadium or other development, and is not a project subject to the requirements of the California Environmental Quality Act (“CEQA”). Before any potential proposed stadium is approved, further environmental review will occur.
NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Modesto that it hereby approves the Letter of Intent between the United Soccer Leagues, LLC and the City of Modesto and authorizes the City Manager, or his designee, to execute the Letter of Intent, in a form approved by the City Attorney. #24..
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9/10/2024/CED/Srando/Item # 3 2024-xxx
The foregoing Resolution was introduced at a regular meeting of the Council of the City of Modesto held on the 10th day of September, 2024, by Councilmember _____, who moved its adoption, which motion being duly seconded by Councilmember ______, was upon roll call carried and the resolution adopted by the following vote:
AYES: Councilmembers: Name, Name, Name, Name, Name, Name, Mayor Name
NOES: Councilmembers: None
ABSENT: Councilmembers: None
ATTEST: _____________________________
DIANE NAYARES-PEREZ, CMC
City Clerk
(SEAL)
APPROVED AS TO FORM:
BY: ________________________________
JOSE M. SANCHEZ, City Attorney
#24..
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1715 N. Westshore Blvd., Suite 825 | Tampa, FL 33607 | P: 813.963.3909 | USLSoccer.com City of Modesto September 10, 2024
1010 10th Street
Modesto, CA 95353
Dear Mayor Zwahlen, Members of the City Council,
and City Manager Lopez:
As you are aware, United Soccer Leagues, LLC (the “USL”) and the City of Modesto, California (“Modesto”) (collectively, the “Parties”) have engaged in preliminary discussions regarding a potential collaboration intended to establish professional soccer to be played in a multi-purpose stadium to be constructed and operated in Modesto (the “Proposed Transaction”). This letter agreement (the “Letter of Intent”) describes the process the Parties agree to undertake to explore and analyze the Proposed Transaction and to engage in good faith discussions with one another on an exclusive basis during the “Exclusivity Period” (as defined below) regarding a potential public-private partnership in an effort to consummate the Proposed Transaction. The Parties contemplate that the discussion of the Proposed Transaction will include, without limitation, the following topics:
1. Stadium Location. The Parties will discuss the proposed location of the multi-purpose stadium (the “Stadium”) within Modesto.
2. Stadium Design. The Parties will discuss the proposed design and size of the Stadium to ensure compliance with applicable USL stadium requirements (for reference, the requirements currently in effect as of the date hereof are generally outlined in Exhibit A) (as they may be reasonably modified or amended from time to time, collectively, “USL Stadium Requirements”). Subject to USL Stadium Requirements, the Parties currently intend that the Stadium would (i) have a minimum seating capacity of 5,000, with ability to expand to at least 10,000 seats, and (ii) serve as the home stadium for each of a men’s professional soccer team (the “Men’s Team”), and women’s professional soccer team (the “Women’s Team” and together with the Men’s Team, the “Teams”). It is contemplated that (i) the Men’s Team would compete in the first tier or second tier of the USL men’s professional competition structure, and (ii) the Women’s Team would compete in the first tier or second tier of the USL women’s professional competition structure, with the Teams’ respective competition level depending upon such factors as: (x) the capitalization, ultimate ownership, and corporate structure of each team, (y) strength of the applicable ownership group that acquires the relevant USL franchise rights, and (z) the size and scale of the Stadium and ancillary real estate development as contemplated in the Proposed Transaction.
3. Stadium Financing. The Parties will discuss their proposed respective obligations for the cost of construction of the Stadium, including private and public financing, and establishment of public financing districts.
4. Stadium Ownership, Management and Operation. The Parties will discuss the identity of the ownership, management and operation of the Stadium, and agreements relating to leases, licenses, easements and other real property transactions for the Stadium. In the event that the Stadium is contemplated to be located on land that is owned by Modesto, the Parties will act in strict accordance with the requirements of the Surplus Land Act, California Government Code Section 54220, et seq. (“Surplus Land Act”), which requires that public agencies undertake certain procedures before the #24..
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1715 N. Westshore Blvd., Suite 825 | Tampa, FL 33607 | P: 813.963.3909 | USLSoccer.com disposal of publicly owned land, including obligations for public notice of the availability of land for acquisition and obligations for good faith negotiations and negotiations with persons submitting proposals for the acquisition of such land. In addition, the Surplus Land Act prohibits local agencies from participating in negotiations with any party for the disposition of publicly owned property until certain procedural requirements of the Surplus Land Act are satisfied. For the avoidance of doubt, the Parties contemplate that, upon consummation of the Proposed Transaction, the City will (or will use best efforts to cause the appropriate third party to) provide the USL with (i) the opportunity to serve as the initial primary user of the Stadium with priority scheduling for the Teams, and (ii) a right of first refusal to serve as Stadium operator/manager for an agreed upon period of time, subject to compliance with applicable law.
5. Ancillary Development. The Parties will discuss the type of ancillary development which may be constructed adjacent to or in the vicinity of the Stadium, and the Parties’ respective roles in connection therewith, which may include various asset classes such as market rate and affordable multifamily rental housing, market rate and affordable single family for-sale housing, retail, restaurants, education, medical, cultural, transit, parks and open space, hotel, and entertainment uses.
In the event that any of the proposed development is contemplated to be located on land that is owned by Modesto, the Parties will act in strict accordance with the requirements of the Surplus Land Act with respect to such land.
6. Predevelopment Costs, Plans and Studies. Working together in good faith, and considering all relevant factors, including the USL’s participation in similar projects in comparable markets across the United States, the Parties will discuss what plans, studies and other predevelopment costs are necessary in connection with the Parties’ discussions hereunder (which may include without limitation such things as site surveys, feasibility studies, financial projections, consultant fees, and architectural and engineering fees), and will work in good faith to mutually agree what services and items should be obtained and who should pay for each such service or item.
7. Negotiating Period. From the date hereof through the first anniversary hereof (the "Initial Exclusivity Period"), USL and Modesto shall continue to discuss, on an exclusive basis, the Proposed Transaction and additional details related thereto as contemplated herein, including the good faith negotiation of a Memorandum of Understanding or other nonbinding summary of the terms of the Proposed Transaction (the “MOU”). If the Parties have entered into the MOU prior to the end of the Initial Exclusivity Period, (x) the Exclusivity Period shall automatically be extended for an additional six months(the “Extended Exclusivity Period”), and (y) the Parties shall then negotiate in good faith binding agreements for implementation of the terms of the MOU (the “Definitive Agreements”). If the Parties have not entered into the MOU prior to the end of the Initial Exclusivity Period, the Parties may mutually agree to an Extended Exclusivity Period for a term of up to six months. The Extended Exclusivity Period may be further extended by mutual agreement of both Parties. The Initial Exclusivity Period and Extended Exclusivity Periods are collectively referred to herein as the “Exclusivity Period.” Either Party may terminate this Letter of Intent upon a material breach by the other Party that remains uncured for five (5) days after receipt of notice thereof.
8. USL Exclusivity Obligations. During the Exclusivity Period, USL: (i) shall not, and shall not authorize or permit any of its Representatives to, directly or indirectly solicit, initiate or take any action to facilitate or encourage any inquiries or the making of any other proposals that may constitute, or could reasonably be expected to lead to, an alternative transaction related to the construction of a #24..
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1715 N. Westshore Blvd., Suite 825 | Tampa, FL 33607 | P: 813.963.3909 | USLSoccer.com stadium, in which professional soccer teams (men’s and women’s) participating in the same leagues as the Teams would be played, at
any other location within the defined territory outlined in Exhibit B (the “Protected Territory”) (an “Alternative USL Transaction”); (ii) shall make good faith efforts to identify and negotiate with prospective USL teams and/or investors interested in participation in the Proposed Transaction, and (iii) work with Modesto on use and programming terms for the Stadium. USL further agrees that, during the Exclusivity Period, USL shall disclose to Modesto all prospective USL teams and/or investors that, in USL’s discretion, are legitimate candidates to serve as primary tenant(s) of the Stadium and principal owner(s) of the Teams, respectively, so that Modesto may begin to work with such entities or individuals in development efforts in relation to the Proposed Transaction. For the avoidance of doubt, Modesto may also propose potential investors in the Proposed Transaction for the USL’s review. Regardless of which Party identifies any such prospective investor, the Parties will work together in good faith to determine a set of criteria which must be satisfied in order for any such investor to participate in the Proposed Transaction in any manner (such criteria to include the USL’s applicable League Rules regarding franchise ownership). As used herein, the term “Representatives” means a party's equity holders, affiliates, directors, officers, employees, agents, investment bankers, attorneys, accountants, consultants, advisors and other representatives.
9. Modesto Exclusivity Obligations. During the Exclusivity Period, except as may be required otherwise by applicable law, Modesto shall not, and shall not authorize or permit any of its Representatives to, directly or indirectly: (i) solicit, initiate or take any action to facilitate or encourage any inquiries or the making of any proposal from a person or organization, or group of persons, other than USL, its affiliates, and prospective USL teams and/or investors identified by USL that may constitute, or could reasonably be expected to lead to an alternative transaction related to the construction or operation of a stadium, in which professional soccer teams (men’s and women’s) other than the Teams (or other teams participating in USL leagues) would play, at any other location within Modesto (an “Alternative City Transaction”); (ii) enter into or participate in any discussions or negotiations with any person or group of persons other than USL, its affiliates, and prospective USL teams and/or investors identified by USL regarding an Alternative City Transaction, (iii) furnish any information relating to the USL or any of its subsidiaries, assets or businesses, or afford access to the assets, business, properties, books or records of the USL or any of its subsidiaries to any person or group of persons other than the USL or its subsidiaries, in all cases for the purpose of assisting with or facilitating an Alternative City Transaction; or (iv) enter into an Alternative City Transaction or any agreement, arrangement or understanding, including, without limitation, any letter of intent, term sheet or other similar document, relating to an Alternative City Transaction. Notwithstanding the foregoing, Modesto may confer with, negotiate with, enter into agreements with, and process applications for land use entitlements from, the owners of other real property within Modesto. As of the date hereof, and continuing throughout the Exclusivity Period (as the same may be extended as set forth herein), Modesto shall, and shall cause its Representatives to, affirmatively terminate in writing any and all existing discussions or negotiations with any person or group of persons other than USL and its affiliates regarding an Alternative City Transaction.
10. Public Records Act Acknowledgment. USL acknowledges that Modesto is a public agency with a legal obligation to conduct its business in a manner that is open and available to the public pursuant to the California Public Records Act, California Government Code Section 7920, et seq. (“Public Records Act”). Modesto’s use and disclosure of information and records are governed by #24..
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1715 N. Westshore Blvd., Suite 825 | Tampa, FL 33607 | P: 813.963.3909 | USLSoccer.com the Public Records Act. Accordingly, notwithstanding the foregoing paragraph, any information provided by USL to Modesto hereunder may be disclosed to the public if required under the Public Records Act and/or as a result of a public demand or order. Modesto’s obligations hereunder are further subject to the requirements of the Surplus Land Act, and notwithstanding the above paragraph, Modesto shall in all events comply with all requirements of the Surplus Land Act with respect to land owned by Modesto.
11. Remedies. The Parties acknowledge and agree that a material breach of this Letter of Intent would cause irreparable harm for which monetary damages would be an inadequate remedy.
Accordingly, either Party may seek equitable relief in the event of any breach or threatened breach of this Letter of Intent, including injunctive relief against any breach thereof and specific performance of any provision thereof. The Parties expressly waive the right to seek consequential damages, lost profits, and punitive damages against the other Party for any breach hereof.
12. Not a Binding Transaction. The Parties acknowledge and agree that the execution and delivery of this Letter of Intent does not create any legally binding obligations on the part of either Party to consummate the Proposed Transaction, and that this Letter of Intent is an expression of the Parties' interests in continuing discussions regarding the Proposed Transaction in accordance with the terms and conditions set forth herein, in an effort to consummate the Proposed Transaction by entering into the Definitive Agreements. This Letter of Intent does not constitute a disposition of property or exercise of control of property owned by Modesto. Each Party reserves full discretion over the approval of any Definitive Agreements, and a Party’s failure to approve a Definitive Agreement shall not constitute a breach or default of this Letter of Intent.
13. No Pre-Commitment by Modesto. By Modesto’s execution of this Letter of Intent, until such time as one or more Definitive Agreements is agreed to and executed by the Parties, Modesto is not committing itself to or agreeing to undertake any activity requiring the subsequent exercise of discretion by Modesto, including but not limited to the approval of any land use regulation governing the applicable property, the expenditure of public funds or provision of any financial assistance, the acquisition or disposition of real property, actions necessary to comply with the California Environmental Quality Act (“CEQA”), or any other activity.. No legal obligations will exist unless and until the Parties have negotiated, executed and delivered mutually acceptable documents based upon information produced from the CEQA environmental review process and on other public review and hearing processes, subject to all applicable governmental approvals. In the event that additional time is necessary for either or both Parties to comply with the requirements of CEQA, the times for performance hereunder shall be extended as necessary.
14. Governing Law. This Letter of Intent shall be governed by and construed in accordance with the internal laws of the State of California without giving effect to any choice or conflict of law provision or rule (whether of the State of California or any other jurisdiction) that would cause the application of laws of any jurisdiction other than those of the State of California. Legal actions shall be instituted and maintained in the Superior Court of the County of Stanislaus.
15. Execution in Counterparts. This Letter of Intent may be executed in counterparts, each of which shall be deemed an original, but all of which together shall be deemed to be one and the same agreement.
#24..
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1715 N. Westshore Blvd., Suite 825 | Tampa, FL 33607 | P: 813.963.3909 | USLSoccer.com If this Letter of Intent accurately sets forth your understanding of the subject matter contained herein, kindly execute the enclosed copy of this Letter of Intent and return it to the undersigned.
Very truly yours,
United Soccer Leagues, LLC
By:___________________________
Name: Justin Papadakis
Title: Deputy CEO & Chief Real Estate Officer
ACCEPTED AND AGREED:
City of Modesto
By:___________________________
Name: Joseph Lopez
Title: City Manager
Attest:
By:___________________________
Diane Nayares-Perez, City Clerk
Approved as to form:
By:___________________________
Jose M. Sanchez, City Attorney
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1715 N. Westshore Blvd., Suite 825 | Tampa, FL 33607 | P: 813.963.3909 | USLSoccer.com E
Exhibit A
USL Stadium Requirements
[Attached]
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1715 N. Westshore Blvd., Suite 825 | Tampa, FL 33607 | P: 813.963.3909 | USLSoccer.com Exhibit B
Exclusive Stadium Development Territory
Exclusive Territory:
Stanislaus County
Merced County
Non-Exclusive Territory:
San Joaquin County, south of Interstate 205 and State Route 120 #24..
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CITY OF MODESTO
COUNCIL AGENDA REPORT
DATE OF MEETING:
September 10, 2024
Date: August 22, 2024
TO: Mayor and City Council
THROUGH: Joseph P. Lopez, City Manager
FROM: William Wong, Director of Utilities
SUBJECT: Accept Settlement Offer by Regional Water Quality Control Board in the amount of $325,000 for Sanitary Sewer Overflows and Fund a Supplemental Environmental Project related to a Bridge Housing Project to Satisfy the Settlement CONTACT: William Wong, Director of Utilities, [email protected], 209-571-5801 DESCRIPTION:
Consider accepting a Central Valley Regional Water Quality Control Board settlement offer in the amount of $325,000 to resolve violations of water quality laws by funding a Supplemental Environmental Project related to the Dignity Village Bridge Housing Project Located at 402 9th Street and authorizing the City to negotiate and execute a Memorandum of Understanding with the County of Stanislaus for the delivery of the Supplemental Environmental Project. (Funding Source: Wastewater Funds)
STRATEGIC PLAN ELEMENT:
The recommended action supports the 2020-2025 City of Modesto Strategic Plan Initiatives, Goal D: Provide safe, efficient, and reliable infrastructure through proactive community investment, maintenance, and sustainability efforts.
BACKGROUND:
The City is subject to the Statewide General Waste Discharge Requirements for Sanitary Sewer Systems, Order No. 2006-0003-DWQ, and the federal and state water quality laws, which prohibit sanitary sewer overflows (SSOs). Four separate SSO events occurred from the City’s system:
Event Date Spill Volume (gallons)
#1 June 21, 2020 8,333
#2 August 2, 2020 9,060
#3 October 24, 2021 211,654
#4 October 30, 2021 211,650
Cumulatively, these four SSO events discharged an estimated 440,697 gallons of raw untreated sewage and municipal wastewater into Dry Creek and the Tuolumne River. The City does not dispute the occurrence of the SSO events. The causes of the SSOs were due to a combination #25..
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City Council, September 10, 2024
Accept Settlement Offer by Regional Water Quality Control Board in the amount of $325,000 for Sanitary Sewer Overflows and Fund a Supplemental Environmental Project related to a Bridge Housing Project to Satisfy the Settlement
failed bypass pumping (Event #1), plugged sewer lines (Event #2), pipeline failure due to heavy rains (Event #3) and clogged bypass pumping during pipeline repairs (Event #4).
Water Code section 13385(a) imposes liability of up to $10,000 per day and $10 per gallon of waste discharged. (Water Code § 13385(c).) Based on Water Code section 13385, the Central Valley Regional Water Quality Control Board (“Regional Board”) provided an April 24, 2023, Draft Penalty Methodology that calculated the combined maximum liability for all violations at $10 per gallon and $10,000 per day as $4,406,970.
City Staff began negotiating with the Regional Board to reduce the penalties, which resulted in the removal of Event #1 and #2, as well as revisions to the Calculated Base Penalties for Events #3 and #4. The Regional Board proposed a revised payment of a cash penalty of $466,250.
However, during settlement discussions in late 2023, the City requested that the Regional Board exercise enforcement discretion to not seek a penalty for these events. In early 2024, the State Board agreed, and the City was able to reach settlement terms that allow the City not to pay any cash settlement but instead fund a Supplemental Environmental Project (“SEP”) in the amount of $325,000. This was a significant concession because normally the Regional Board may only direct a portion of the penalty amount to be spent on a SEP – not the total amount of the penalty.
This SEP settlement requires the City to purchase and build bathrooms and laundry facilities (i.e. “SEP units”) for the Dignity Village bridge housing project located at 402 9th Street, which must be constructed with temporary bridge housing that requires full occupancy and operations by December 31, 2024. The project is explained and depicted in Attachment 2.
DISCUSSION:
There is an immediate need for approval of the settlement terms in order that the City avoid payment of a $325,000 cash penalty and instead use those funds toward the SEP Units for the Dignity Village project. The SEP Policy allows the City to avoid payment of cash penalties but imposes strict limitations. Primarily, the SEP mandates that no SEP funds be spent until after the settlement is formalized through a stipulated order.
The key terms of the Settlement are as follows:
The Settlement imposes administrative civil liability (“ACL”) for effluent limitation violations that occurred as a result of the SSO events. (Att. 1, ¶¶ 11-12.) The City agrees to the imposition of an ACL in the amount of $325,000 to resolve the SSO violations but then proceeds to explain that the administrative civil liability will be suspended pending completion of the City’s SEP. (Att. 1, ¶ 15.) If the City is not able to demonstrate that the entire SEP amount has been spent for the completed SEP, the City will be required to pay an ACL of the difference between the SEP amount of $325,000 and the amount the City actually spent on the work. (Att. 1, ¶ 23.) The City agrees that the completion of the SEP is a material condition of the settlement of liability and that in consideration for the Regional Board accepting the SEP, the City represents and agrees that it will spend the SEP funds to complete SEP. (Att. 1, ¶ 16.) In the event that this Settlement does not take effect – for example, if it is not approved by the Regional Board or is vacated in whole or in part – then the Regional Board may seek #25..
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City Council, September 10, 2024
Accept Settlement Offer by Regional Water Quality Control Board in the amount of $325,000 for Sanitary Sewer Overflows and Fund a Supplemental Environmental Project related to a Bridge Housing Project to Satisfy the Settlement
to resolve the SSOs through an evidentiary hearing or resume settlement discussions. (Att. 1, ¶ 39.)
This limitation impacts the City because of the various deadlines involved:
(a) The Dignity Village project must be in full operations by January 31, 2025, as stipulated by the funding requirements of the State of California Behavioral Health Bridge Housing grant program.
(b) The City must commence work on SEP Units by October 14, 2024, to preserve the City’s December 31, 2024, deadline; however, the City cannot begin to construct the bathrooms or laundry SEP units until after the Regional Board undertakes its formal procedures and public comment period to adopt the SEP as part of the settlement. (c) The Regional Board believes it can start the 30-day comment period on or about September 12, 2024, so that the City can commence work on SEP Units by October 14, 2024, and preserve the City’s January 31, 2025, deadline.
To meet these various deadlines, the following is the suggested timeline being discussed with the Regional Board:
• By or on September 10, 2024 – City Council to review and approve terms of settlement through stipulated order
• September 10 or 11, 2024 – Stipulated order must be signed by both parties • September 12, 2024 – Regional Board begins its 30-day public comment period • October 13, 2024 – Earliest date Regional Board executive officer signs stipulated order
• October 14, 2024 – City can commence construction on the SEP Units (bathrooms and laundry)
City Council action is required for the stipulated order so that (a) the Regional Board can start a 30-day public comment period on or about September 12, 2024 and authorize the City to negotiate and execute a Memorandum of Understanding with the County of Stanislaus for the delivery of the SEP project scope; (b) the City can authorize Stanislaus County to carry out the scope of work on October 14, 2024, but not before; and (c) the City can ensure that Stanislaus County completes construction of the SEP Units by January 31, 2025.
Staff recommends acceptance of the settlement terms and above timeline.
FISCAL IMPACT:
The Stipulated Order states that the City agrees to the imposition of an ACL in the amount of $325,000 to resolve the SSO violations with the SEP. The SEP “wet units” will be funded by wastewater fund reserves.
COMMITTEE RECOMMENDATION
Due to the urgent nature of the action this item has not been brought before a committee.
CEQA/NEPA REQUIREMENTS:
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City Council, September 10, 2024
Accept Settlement Offer by Regional Water Quality Control Board in the amount of $325,000 for Sanitary Sewer Overflows and Fund a Supplemental Environmental Project related to a Bridge Housing Project to Satisfy the Settlement
The acceptance of this agreement does not constitute a project for the purposes of the California Environmental Quality Act (CEQA). In addition, the temporary bridge housing project is exempt from CEQA under CEQA Guidelines 15332 – Infill Development.
RECOMMENDED COUNCIL ACTION:
Staff Recommendations:
Resolution accepting a Central Valley Regional Water Quality Control Board settlement offer in the amount of $325,000 to resolve violations of water quality laws by funding a Supplemental Environmental Project and authorizing the City Manager, or his designee, to negotiate and execute a Memorandum of Understanding with the County of Stanislaus to carry out the scope of work outlined within the Supplemental Environmental Project.
Approved by:
William Wong, Director of Utilities
Joseph P. Lopez, City Manager
Attachments:
1. Resolution
2. Stipulated Order
3. Supplemental Environmental Project Description
4. Memorandum of Understanding with Stanislaus County Behavioral Health and Recovery Services
5780287.1
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MODESTO CITY COUNCIL
RESOLUTION NO. 2024-XX
RESOLUTION ACCEPTING A CENTRAL VALLEY REGIONAL WATER QUALITY CONTROL BOARD SETTLEMENT OFFER IN THE AMOUNT OF $325,000 TO
RESOLVE VIOLATIONS OF WATER QUALITY LAWS BY FUNDING A
SUPPLEMENTAL ENVIRONMENTAL PROJECT AND AUTHORIZING THE CITY
MANAGER, OR HIS DESIGNEE, TO NEGOTIATE AND EXECUTE A
MEMORANDUM OF UNDERSTANDING WITH THE COUNTY OF STANISLAUS TO
CARRY OUT THE SCOPE OF WORK OUTLINED WITHIN THE SUPPLEMENTAL
ENVIRONMENTAL PROJECT
WHEREAS, the City is subject to the Statewide General Waste Discharge Requirements for Sanitary Sewer Systems, Order No. 2006-0003-DWQ, and the federal and state water quality laws, which prohibit sanitary sewer overflows (SSOs); and WHEREAS, SSO events occurred from the City’s system on June 21, 2020, August 2, 2020, October 24, 2021, and October 30, 2021, and discharged 440,697 gallons of raw untreated sewage and municipal wastewater into Dry Creek and the Tuolumne River; and WHEREAS, Water Code Section 13385(a) imposes liability of up to $10,000 per day and $10 per gallon of waste discharged (Water Code § 13385(c); and WHEREAS, based on Water Code section 13385, the Central Valley Regional Water Quality Control Board (“Regional Board”) provided an April 24, 2023, Draft Penalty Methodology that calculated the combined maximum liability for all violations as $4,406,970; and
WHEREAS; City staff negotiated with the Regional Board a proposed payment of a cash penalty of $466,250; and
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WHEREAS, in early 2024, the State Board agreed, and the City was able to reach settlement terms that allow the City not to pay any cash settlement but instead fund a Supplemental Environmental Project (“SEP”) in the amount of $325,000; and WHEREAS, this settlement requires the City to purchase and build bathrooms and laundry facilities (i.e. “SEP units”) for the Dignity Village bridge housing project located at 402 9th Street, which must be constructed with temporary bridge housing that requires full occupancy and operations by December 31, 2024; and
WHEREAS, there is an immediate need for approval of the settlement terms in order that the City avoid payment of a $325,000 cash penalty and instead use those funds toward the SEP Units for the Dignity Village project; and
WHEREAS, City Council action is required for the stipulated order so that (a) the Regional Board can start a 30-day public comment period on or about September 12, 2024 and authorize the City to negotiate and execute a Memorandum of Understanding with the County of Stanislaus for the delivery of the SEP project scope; (b) the City can authorize Stanislaus County to carry out the scope of work on September 30, 2024, but not before; and (c) the City can ensure that Stanislaus County completes construction by January 31, 2025.
NOW, THEREFORE BE IT RESOLVED by the Council of the City of Modesto that it hereby approves a Central Valley Regional Water Quality Control Board settlement offer in the amount of $325,000 to resolve violations of water quality laws by funding a Supplemental Environmental Project.
BE IT FURTHER RESOLVED that the City Manager, or his designee, is hereby authorized to negotiate and execute a Memorandum of Understanding, in a form approved by the #25..
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City Attorney, with the County of Stanislaus to carry out the scope of work outlined within the Supplemental Environmental Project.
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The foregoing resolution was introduced at a regular meeting of the Council of the City of Modesto held on the 10th day of September 2024, by Councilmember ?, who moved its adoption, which motion being duly seconded by Councilmember ?, was upon roll call carried and the resolution adopted by the following vote:
AYES: Councilmembers:
NOES: Councilmembers:
ABSENT: Councilmembers:
ATTEST:
DIANE NAYARES-PEREZ, CMC, City Clerk
(SEAL)
APPROVED AS TO FORM:
By: ____________________________________
JOSE M. SANCHEZ, City Attorney
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Attachment 2
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CALIFORNIA REGIONAL WATER QUALITY CONTROL BOARD
CENTRAL VALLEY REGION
In the Matter of:
CITY OF MODESTO,
SANITARY SEWER SYSTEM,
STANISLAUS COUNTY
ORDER R5-2024-0505
SETTLEMENT AGREEMENT AND
STIPULATION FOR ENTRY OF
ADMINISTRATIVE CIVIL LIABILITY
ORDER (PROPOSED)
I. Introduction
1. This Settlement Agreement and Stipulation for Entry of Administrative Civil Liability Order (Stipulated Order or Order) is entered into by and between the Assistant Executive Officer of the California Regional Water Quality Control Board, Central Valley Region (Central Valley Water Board), on behalf of the Central Valley Water Board Prosecution Team (Prosecution Team), and the City of Modesto (individually, the City or Discharger) (collectively, the Parties) and is presented to the Central Valley Water Board, or its delegee, for adoption as an order by settlement, pursuant to Government Code section 13323 and 11415.60.
II. Recitals
2. The Discharger owns and operates the City of Modesto’s sanitary sewer collection system, which serves the City of Modesto in Stanislaus County. The City’s sanitary sewer system consists of approximately 59,903 service laterals, 655 miles of sewer lines, 12,977 manholes, 48 lift stations, and other related infrastructure. Sewage from the collection system is routed to the City of Modesto’s Wastewater Treatment Plant.
1 When the City’s sanitary sewer system
overflows, discharges to waters of the United States may occur.
3. The Discharger’s sanitary sewer system is regulated by the State Water Resources Control Board’s (State Water Board) Statewide General Waste Discharge Requirements for Sanitary Sewer Systems, Order No. 2006-0003- DWQ, as revised by WQ-2013-0058-EXEC (General Order).
2 The General Order
requires that the Discharger operate and maintain its collection system to prevent sanitary sewer overflows and spills. Prohibition C.1 of the General Order prohibits the discharge of untreated or partially treated wastewater from the collection system to waters of the United States.
1 This facility is regulated under Waste Discharge Requirements Order R5-2022-0034 (NPDES CA0085316).
2 The revised General Order became effective on 5 June 2023. #25..
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4. Clean Water Act section 301 (33 U.S.C. § 1311) and Water Code section 13376 prohibit the discharge of pollutants to surface waters except in compliance with a National Pollutant Discharge Elimination System (NPDES) permit. The General Order is not an NPDES permit.
5. On 24 October 2021, a sanitary sewer overflow (SSO) occurred at Beard Brook Park in Modesto. The spill began around 10:45 pm on October 24th and subsided around 12:00 am on October 25th. During this time, approximately 211,654 gallons of raw sewage was discharged into Dry Creek, a tributary of the Tuolumne River, which is a waters of the United States. On 26 October 2021, the Discharger discovered a severely corroded pipeline in this area, which coupled with heavy rains, contributed to the SSO. The pipeline was so corroded that the top half of the pipe was missing.
6. On 30 October 2021, another SSO occurred at Beard Brook Park in the same location as the incident on 24-25 October, 2021. The Discharger reported that two bypass pumps (deployed to divert flows into a separate sewer line) failed while repairs were being made to the corroded pipeline described above. The bypass pumps became clogged and were unable to handle the incoming wastewater flows, thus discharging approximately 211,650 gallons of raw sewage into Dry Creek, a tributary of the Tuolumne River.
7. The Prosecution Team alleges that the City violated Prohibition C.1 of the General Order, Clean Water Act section 301, and Water Code section 13376 by discharging a total of 423,304 gallons of untreated sewage to a waters of the United States during both SSO events in October 2021.
8. Pursuant to Water Code section 13385, subdivision (a), any person who violates Water Code section 13376 or any requirements of Clean Water Act section 301 is subject to administrative civil liability pursuant to Water Code section 13385, subdivision (c), in an amount not to exceed the sum of both of the following: (1) ten thousand dollars ($10,000) for each day in which the violation occurs; and (2) where there is a discharge, any portion of which is not susceptible to cleanup or is not cleaned up, and the volume discharged but not cleaned up exceeds 1,000 gallons, an additional liability not to exceed ten dollars ($10) multiplied by the number of gallons by which the volume discharged but not cleaned up exceeds 1,000 gallons.
9. Pursuant to Water Code section 13327 and 13385, in determining the amount of civil liability, the regional board shall take into consideration the nature, circumstances, extent, and gravity of the violation or violations, whether the discharge is susceptible to cleanup or abatement, the degree of toxicity of the discharge, and, with respect to the violator, the ability to pay, the effect on the ability to continue in business, any voluntary cleanup efforts undertaken, any #25..
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prior history of violations, the degree of culpability, economic benefit or savings, if any, resulting from the violation, and other matters as justice may require.
10.The State Water Board’s Water Quality Enforcement Policy (Enforcement Policy) was adopted on 4 April 2017 and became effective on 5 October 2017. The use of the Enforcement Policy’s penalty methodology addresses the factors required to be considered when imposing administrative civil liability.
11.The factors required to be considered when imposing administrative civil liability are set forth in detail in Attachment A, which is incorporated herein by reference.
The total amount of the administrative civil liability (ACL) calculated using the penalty methodology for the alleged violation is three hundred sixty thousand ninety-five dollars ($360,095).
12.The Parties have engaged in confidential settlement negotiations and agree to settle the matter without administrative or civil litigation by presenting this Stipulated Order to the Central Valley Water Board, or its delegee, for adoption as an order by settlement pursuant to Water Code section 13323 and Government Code section 11415.60. To resolve the violations by consent and without further administrative proceedings, the Parties have agreed to the imposition of administrative civil liability in the amount of three hundred twentyfive thousand dollars ($325,000) against the Discharger. The reduction in the amount calculated using the penalty methodology in the Enforcement Policy is appropriate given the risks of litigation inherent in proceeding to a contested evidentiary hearing. The Prosecution also took into consideration the City’s multiyear River Trunk Project meant to realign the River Trunk Line away from the Tuolumne River and reduce the risk of SSOs in the future.
13.The Prosecution Team believes that the resolution of the alleged violation is fair and reasonable and fulfills its enforcement objectives, that no further action is warranted concerning the violations alleged herein and that this Stipulated Order is in the best interest of the public.
III. Stipulations
The Parties stipulate to the following:
14.Jurisdiction: The Parties agree that the Central Valley Water Board has subject matter jurisdiction over the matters alleged in this action and personal jurisdiction of the Parties to this Stipulated Order.
15.Administrative Civil Liability:
a. The Discharger hereby agrees to the imposition of an ACL in the amount of three hundred twenty-five thousand dollars ($325,000) to the #25..
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Central Valley Water Board to resolve the violations specifically alleged in Attachment A to this Order.
b. The State Water Board’s May 3, 2018 Policy on Supplemental Environmental Projects (SEP Policy) section VIII.B. provides:
Unless otherwise permitted by statute or approved by the Director of [the Office of Enforcement (OE)] based on a finding of compelling justification due to exceptional circumstances . . . no settlement shall be approved by the Water Boards that fund a SEP in an amount greater than 50 percent of the total adjusted monetary assessment against the settling party. The total adjusted monetary assessment is the total amount assessed, exclusive of a Water Board’s investigative and enforcement costs.
The Director of OE may approve a proposed settlement to fund a SEP in an amount greater than 50 percent of the total adjusted monetary assessment in cases where the SEP is located in or benefits a disadvantaged community, an environmental justice community, a community that has a financial hardship, or where the SEP substantially furthers the human right to water.
Pursuant to the Director of OE’s April 30, 2021 (revised August 8, 2023) memorandum on approving disadvantaged community and environmental justice SEPs greater than 50 percent of the total monetary liability, more than 50 percent of the total monetary liability here may be dedicated to the SEP described in Attachment C because the SEP is located in and/or benefits a disadvantaged community. The Prosecution Team provided written notification of the SEP to the Director of OE and obtained approval for the SEP to exceed 50 percent of the administrative civil liability.
Therefore, the entire administrative civil liability amount of three hundred twenty-five thousand dollars ($325,000) (hereinafter, SEP Amount) shall be directed to the SEP identified in Paragraph 17 below.
16.Representation and Agreement: The Discharger agrees that the completion of the SEP is a material condition of this settlement of liability between the Discharger and the Central Valley Water Board. As a material condition for the Board’s acceptance of this Stipulated Order, the Discharger represents and agrees that it will expend the SEP Amount to implement the SEP as described herein and in Attachment C. The Discharger shall not be liable for Central Valley Water Board administrative and oversight costs associated with the SEP described in Attachment C. The SEP Amount shall be treated as a suspended administrative civil liability at the time of SEP completion for purposes of this Stipulated Order. The Central Valley Water Board is entitled to recover any portion of the SEP Amount that is not expended in accordance with this Stipulated Order.
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City of Modesto Sanitary Sewer System
17.SEP Description: The SEP Amount will fund the installation and construction of sanitation facilities, including restrooms, showers, laundry, and other associated infrastructure, as part of the City and Stanislaus County’s bridge housing project located at 402 9th Street in Modesto. The bridge housing project at 402 9th Street will consist of approximately 42 units for the unhoused community in Modesto. By providing basic sanitation, the SEP will prevent pollutants that may otherwise result from the lack of sanitation facilities from being discharged to nearby surface waters, including Dry Creek and the Tuolumne River. The Discharger is partnering with the Stanislaus County to oversee maintenance of this housing project. The complete SEP description, project milestones, budget, and reporting schedule are contained in Attachment C, incorporated herein by reference.
18.SEP Completion Deadline: The Discharger shall complete all SEP requirements by January 31, 2025. Additionally, the Discharger shall submit a Final Report upon the completion of the SEP declaring such completion and detailing fund expenditures and goals achieved. The Final Report submission deadlines are outlined in Attachment C.
19.Extension of SEP Implementation Schedule Deadlines: If the Discharger cannot meet any of the deadlines contained in Attachment C of this Order due to circumstances beyond the Discharger’s anticipation or control, the Discharger or its designated representative shall notify the Executive Officer of the Central Valley Water Board in writing within thirty (30) days of the date the City first knew of the event or circumstance that caused or could have caused a violation of this Order. The notice shall describe the reason for the nonperformance and specifically refer to this Paragraph. The notice shall describe the anticipated length of time the delay may persist, the cause or causes of the delay, the measures taken or to be taken by the Discharger to prevent or minimize the delay, the schedule by which the measures will be implemented, and the anticipated date of compliance. The Discharger shall adopt all reasonable measures to avoid and minimize such delays. The determination as to whether the circumstances were beyond the reasonable control of the Discharger will be made by the Executive Officer. Where the Executive Officer concurs that compliance was or is impossible, despite the timely good faith efforts of the City, due to circumstances beyond its control that could not have been reasonably foreseen and prevented by the exercise of reasonable diligence, a new compliance deadline shall be established and provided to the Discharger in writing with the effect of revising this Stipulated Order. The Executive Officer will endeavor to grant a reasonable extension of time, if warranted.
20.SEP Oversight: The Discharger will oversee implementation of the SEP.
21.Certification of Completion: Within 30 days of completing the SEP, the Discharger shall submit a certified statement of completion of the SEP #25..
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(“Certification of Completion”). The Discharger shall submit the Certification of Completion under penalty of perjury to the designated Central Valley Water Board contact identified in Paragraph 29. The Certification of Completion shall include the following:
a. Certification documenting all expenditures by the Discharger. The expenditures may include, but are not limited to, invoices and receipts to outside vendors or contractors implementing the SEP. The Discharger shall provide any additional information requested by Central Valley Water Board staff that is reasonably necessary to verify SEP expenditures. b. Certification that the SEP has been completed in accordance with the terms of this Stipulated Order. Such documentation may include photographs, invoices, receipts, certifications, and other material reasonably necessary for the Central Valley Water Board to evaluate the completion of the SEP and the costs incurred by the Discharger. c. Certification that all applicable environmental laws and regulations were followed in the implementation of the SEP including, but not limited to, the California Environmental Quality Act.
22.Third Party Audit: At the written request of the Central Valley Water Board or its delegee, the Discharger shall submit, at its sole cost, a report prepared by an independent third party acceptable to the Central Valley Water Board or its delegee, stating that in its professional opinion, the Discharger has expended money in the amounts claimed. In the event of such an audit, the Discharger agrees that it will provide the third-party auditor with access to all documents which the auditor requests. Such information shall be provided to the Central Valley Water Board contact within three (3) months of notice from the Central Valley Water Board to the Discharger of the need for an independent third-party audit. The audit need not address any costs incurred by the Central Valley Water Board for oversight.
23.Failure to Expend the SEP Amount on the Approved SEP: In the event that the Discharger is not able to demonstrate to the reasonable satisfaction of the Central Valley Water Board that it has spent the entire SEP Amount of $325,000 on the SEP in accordance with the terms of this Stipulated Order, the Discharger shall pay the difference between the SEP Amount and the amount the Discharger can demonstrate was actually spent on the SEP as an administrative civil liability. Within 30 days of receipt of the Central Valley Water Board’s notice that the Discharger failed to demonstrate the entire SEP Amount was spent to complete the SEP, the Discharger shall pay the difference between the SEP Amount and the amount the Discharger can demonstrate was actually spent on the SEP to the State Water Pollution Cleanup and Abatement Account. #25..
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City of Modesto Sanitary Sewer System
24.Failure to Complete the SEP: If the SEP is not fully implemented by the SEP Completion Deadline required by this Stipulated Order and an extension has not been granted by the Central Valley Water Board’s Executive Officer pursuant to Paragraph 19 above, the Executive Officer shall issue a “Notice of Failure to Complete SEP.” Within 30 days of receipt of this notice, the Discharger shall pay the difference between the SEP Amount and the amount the Discharger can demonstrate was actually spent on the SEP to the State Water Pollution Cleanup and Abatement Account.
25.Replacement SEP: If there is a material failure, in whole or in part, to perform the SEP described in Paragraph 17, due to circumstances beyond the control of the Discharger, and the Central Water Board does not move to collect the difference between the SEP Amount and the amount the Discharger can demonstrate was actually spent on the SEP as provided in Paragraph 24 above, the Parties agree that the Discharger may propose a Replacement SEP.
Whether there is a material failure to perform the SEP shall be determined by the Executive Officer. The Discharger shall have 60 days from the date of the Executive Officer’s determination to propose a Replacement SEP. The cost of the Replacement SEP shall be for the entire SEP Amount or some portion thereof less the value of any completed milestones as stipulated to by the Parties in writing and shall be treated as a suspended liability subject to the same conditions provided for the SEP being replaced. The terms and conditions of the Replacement SEP shall be memorialized in a Supplemental Agreement to this Stipulated Order, signed by both parties and approved by the Central Valley Water Board or its delegee. The Replacement SEP shall meet the criteria in the SEP Policy and shall be completed within 36 months of the Central Valley Water Board’s or its delegee’s approval of the Supplemental Agreement (Replacement SEP Completion Date). The Executive Officer may grant an extension for good cause shown as to why the Replacement SEP cannot be completed by the Replacement SEP Completion Date. The Parties agree that, unless requested by the Executive Officer, the Supplemental Agreement will not be subject to public notice and comment so long as the initial notice and comment period complies with federal and/or state requirements. If there is a material failure to perform a Replacement SEP, then the Executive Officer shall issue a “Notice of Failure to Complete SEP” as described in Paragraph 24. The Discharger shall not have an opportunity to propose a second Replacement SEP should it fail to complete the Replacement SEP for any reason.
26.Completion of the SEP to the Central Valley Water Board’s Satisfaction:
Upon the Discharger’s satisfaction of its SEP obligations under this Stipulated Order, and any audit requested by the Central Valley Water Board, Central Valley Water Board staff shall send the Discharger a letter recognizing satisfactory completion of its obligations under the SEP. Receipt of this letter shall terminate any further SEP obligations of the Discharger and result in the dismissal of the Suspended Liability.
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27.Publicity: Whenever the Discharger or its agents or subcontractors publicizes one or more elements of the SEP, it shall state in a prominent manner that the SEP is being undertaken as part of the settlement of an enforcement action by the Central Valley Water Board against the Discharger.
28.Compliance with Applicable Laws and Regulatory Changes: The Discharger understands that payment of an ACL in accordance with the terms of this Stipulated Order and/or compliance with the terms of this Stipulated Order is not a substitute for compliance with applicable laws, and that additional violations of the type alleged may subject it to further enforcement, including additional ACLs.
Nothing in this Stipulated Order shall excuse the Discharger from meeting any more stringent requirements which may be imposed hereafter by changes in applicable and legally binding legislation or regulations.
29.Party Contacts for Communications Related to Stipulated Order:
For the Central Valley Water Board:
Xuan Luo
Senior Water Resources Control Engineer
NPDES Compliance and Enforcement
11020 Sun Center Drive, Suite 200
Rancho Cordova, CA 95670
(916) 464-4848
[email protected]
For the Discharger:
William Wong
City of Modesto, Director of Utilities
1010 10th Street
Modesto, CA 95354
(209) 577-5395
[email protected]
30.Attorney’s Fees and Costs: Except as otherwise provided herein, each Party shall bear all attorneys’ fees and costs arising from the Party’s own counsel in connection with the matters set forth herein.
31.Matters Addressed by Stipulation: Upon adoption by the Central Valley Water Board, or its delegee, this Stipulated Order represents a final and binding resolution and settlement of the violations alleged in this Stipulated Order and any other violations which could have been asserted based on the specific facts alleged in Attachment A as of the effective date of this Stipulated Order. The #25..
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provisions of this Paragraph are expressly conditioned on Discharger’s completion of the SEP referenced in Paragraph 17 or full payment of the associated suspended liability.
32.Public Notice: The Discharger understands that this Stipulated Order will be noticed for a 30-day public review and comment period prior to consideration by the Central Valley Water Board, or its delegee. If significant new information is received that reasonably affects the propriety of presenting this Stipulated Order to the Central Valley Water Board, or its delegee, for adoption, the Assistant Executive Officer may unilaterally declare this Stipulated Order void and decide not to present it to the Central Valley Water Board, or its delegee. The Discharger agrees that it may not rescind or otherwise withdraw its approval of this proposed Stipulated Order.
33.Procedure: The Parties agree that the procedure that has been adopted for the approval of the settlement by the Parties and review by the public, as reflected in this Stipulated Order, will be adequate. In the event procedural objections are raised prior to this Stipulated Order becoming effective, the Parties agree to meet and confer concerning any such objections and may agree to revise or adjust the procedure as necessary or advisable under the circumstances.
34.No Waiver of Right to Enforce: The failure of the Prosecution Team or Central Valley Water Board to enforce any provision of this Stipulated Order shall in no way be deemed a waiver of such provision, or in any way affect the validity of this Stipulated Order. The failure of the Prosecution Team or Central Valley Water Board to enforce any such provision shall not preclude it from later enforcing the same or any other provision of this Stipulated Order. No oral advice, guidance, suggestions, or comments by employees or officials of any Party regarding matters covered under this Stipulated Order shall be construed to relieve any Party regarding matters covered in this Stipulated Order. The Central Valley Water Board reserves all rights to take additional enforcement actions, including without limitation the issuance of ACL complaints or orders for violations other than those addressed by this Stipulated Order.
35.Effect of Stipulated Order: Except as expressly provided in this Stipulated Order, nothing in this Stipulated Order is intended nor shall it be construed to preclude the Central Valley Water Board or any state agency, department, board or entity or any local agency from exercising its authority under any law, statute, or regulation.
36.Interpretation: This Stipulated Order shall not be construed against the party preparing it but shall be construed as if the Parties jointly prepared it and any uncertainty and ambiguity shall not be interpreted against any one party.
37.Modification: This Stipulated Order shall not be modified by any of the Parties by oral representation whether made before or after the execution of this #25..
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Stipulated Order. All modifications must be made in writing and approved by the Central Valley Water Board or its delegee.
38.Integration: This Stipulated Oder constitutes the entire agreement between the Parties and may not be amended or supplemented except as provided for in this Stipulated Order.
39.If Stipulated Order Does Not Take Effect: In the event that this Stipulated Order does not take effect because it is not approved by the Central Valley Water Board, or its delegee, or is vacated in whole or in part by the State Water Board or a court, the Parties acknowledge that the Prosecution Team may proceed to a contested evidentiary hearing before the Central Valley Water Board to determine whether to assess an ACL for the underlying alleged violations, or may continue to pursue settlement. The Parties agree that all oral and written statements and agreements made during the course of settlement discussions will not be admissible as evidence in any subsequent administrative or judicial proceeding or hearing and will be fully protected by California Evidence Code sections 1152 and 1154; California Government Code section 11415.60; Rule 408, Federal Rules of Evidence; and any other applicable privilege under federal and/or state law. The Parties also agree to waive any and all objections related to their efforts to settle this matter, including, but not limited to:
a. Objections related to prejudice or bias of any of the Central Valley Water Board members or their advisors and any other objections to the extent that they are premised in whole or in part on the fact that the Central Valley Water Board members or their advisors were exposed to some of the material facts and the Parties settlement positions, and therefore may have formed impressions or conclusions, prior to conducting any contested evidentiary hearing in this matter; or
b. Laches or delay or other equitable defenses based on the time period that the Stipulated Order or decision by settlement may be subject to administrative or judicial review.
40.Waiver of Hearing: The Discharger has been informed of the rights provided by Water Code section 13323, subdivision (b), and hereby waives its right to a hearing before the Central Valley Water Board.
41.Waiver of Right to Petition: The Discharger hereby waives the right to petition the Central Valley Water Board’s adoption of the Stipulated Order as written for review by the State Water Board, and further waives the rights, if any, to appeal the same to a California Superior Court and/or any California appellate level court.
42.Covenant Not to Sue: Upon the effective date of this Stipulated Order, Discharger shall and does release, discharge, and covenant not to sue or pursue #25..
- 1048 -
Settlement Order R5-2024-0505 - 11 -
City of Modesto Sanitary Sewer System
any civil or administrative claims against any State Agency or the State of California, its officers, agents, directors, employees, attorneys, representatives, for any and all claims or cause of action, which arise out of or are related to this action.
43.Water Boards Not Liable: Neither the Central Valley Water Board members nor the Central Valley Water Board staff, attorneys, or representatives shall be liable for any injury or damage to persons or property resulting from the negligent or intentional acts or omissions by Discharger or its respective directors, officers, employees, agents, representatives, or contractors in carrying out activities pursuant to this Stipulated Order, nor shall the Central Valley Water Board, its members or staff be held as parties to or guarantors of any contract entered into by Discharger, or its directors, officers, employees, agents, representatives, or contractors in carrying out activities pursuant to this Stipulated Order.
44.Authority to Enter Stipulated Order: Each person executing this Stipulated Order in a representative capacity represents and warrants that he or she is authorized to execute this Stipulated Order on behalf of and to bind the entity on whose behalf he or she executes the Stipulated Order.
45.Necessity for Written Approvals: All approvals and decisions of the Central Valley Water Board under the terms of this Stipulated Order shall be communicated to the Discharger in writing. No oral advice, guidance, suggestions or comments by employees or officials of the Central Valley Water Board regarding submissions or notices shall be construed to relieve the Discharger of its obligation to obtain any final written approval required by this Stipulated Order.
46.No Third Party Beneficiaries: This Stipulated Order is not intended to confer any rights or obligation on any third party or parties, and no third party or parties shall have any right of action under this Stipulated Order for any cause whatsoever.
47.Severability: This Stipulated Order is severable; should any provision be found invalid the remainder shall remain in full force and effect.
48.Effective Date: This Stipulated Order shall be effective and binding on the Parties upon the date the Central Valley Water Board, or its delegee, enters the Stipulated Order.
49.Counterpart Signatures: This Stipulated Order may be executed and delivered in any number of counterparts, each of which when executed and delivered shall be deemed to be an original, but such counterparts shall together constitute one document.
#25..
- 1049 -
Settlement Order R5-2024-0505 - 12 -
City of Modesto Sanitary Sewer System
IT IS SO STIPULATED.
California Regional Water Quality Control Board Prosecution Team Central Valley Region
By:
John Baum
Assistant Executive Officer
City of Modesto
By:
Joseph P. Lopez
City Manager
#25..
- 1050 -
Settlement Order R5-2024-0505 - 13 -
City of Modesto Sanitary Sewer System
HAVING CONSIDERED THE PARTIES’ STIPULATIONS, THE CENTRAL VALLEY
REGIONAL WATER QUALITY CONTROL BOARD, BY AND THROUGH ITS EXECUTIVE OFFICER, FINDS THAT:
1. The foregoing Stipulation is fully incorporated herein and made part of this Order.
2. This is an action to enforce the laws and regulations administered by the Central Valley Water Board. The Central Valley Water Board finds that issuance of this Stipulated Order is exempt from the provisions of the California Environmental Quality Act (Public Resources Code section 21000 et seq.), in accordance with section 15321, subdivision (a)(2), Title 14, of the California Code of Regulations.
3. The Executive Officer of the Central Valley Water Board is authorized to refer this matter directly to the Attorney General for enforcement if the Discharger fails to perform any of its obligations under this Order.
Pursuant to Water Code section 13323 and Government Code section 11415.60, IT IS HEREBY ORDERED on behalf of the California Regional Water Quality Control Board, Central Valley Region that the Stipulated Order is approved. _____________________________________
Patrick Pulupa
Executive Officer
Central Valley Regional Water Quality Control Board
Attachment A: Specific Factors Considered for Administrative Civil Liability Attachment B: Economic Benefit Analysis
Attachment C: Bridge Housing Supplemental Environmental Project #25..
- 1051 -
Attachment A
Specific Factors Considered for Administrative Civil Liability City of Modesto
Sanitary Sewer Collection System
Stanislaus County
This document provides details on the penalty calculation methodology related to the City of Modesto’s (Discharger’s) alleged violations of the State Water Resources Control Board’s (State Water Board) Statewide General Waste Discharge Requirements for Sanitary Sewer Systems, Order No. 2006-0003-DWQ (Statewide General Order), and the Federal Water Pollution Control Act, 33 U.S.C. § 1251 et seq. (Clean Water Act) for sanitary sewer overflows (SSOs). These SSOs occurred on 24-25 October 2021 and 30 October 2021, resulting in a total volume of approximately 423,304 gallons of raw sewage discharged to Dry Creek, a tributary of the Tuolumne River.
The Central Valley Regional Water Quality Control Board (Central Valley Water Board) Prosecution Team derived the proposed administrative civil liability in accordance with the State Water Board’s Water Quality Enforcement Policy that went into effect on 5 October 2017 (Enforcement Policy).
State Water Board’s Enforcement Policy
The Enforcement Policy establishes a methodology for determining administrative civil liability by addressing the factors that are required to be considered under California Water Code section 13327 and 13385(e). Each factor of the ten-step approach to assessing liability for the violations is discussed below, as is the basis for assessing the corresponding score. The Enforcement Policy can be found at, https://www.waterboards.ca.gov/board_decisions/adopted_orders/resolutions/2017/040417 _9_final%20adopted%20policy.pdf.
Regulatory Basis for Alleged Violations
The Discharger is required to comply with the Statewide General Order because it is a municipality that owns or operates a sanitary sewer collection system greater than one mile in length. The Discharger has been enrolled under the Statewide General Order since 2006. Prohibition C.1 of the Statewide General Order provides that “[a]ny SSO that results in a discharge of untreated or partially treated wastewater to waters of the United States is prohibited.” Additionally, section 301 of the Clean Water Act prohibits the discharge of pollutants to waters of the United States except in compliance with a National Pollutant Discharge Elimination System (NPDES) permit. (33 U.S.C. § 1311.) Here, the Statewide General Order is not an NPDES permit.
The Prosecution Team alleges that on two occasions in October 2021, the Discharger discharged untreated domestic and municipal wastewater from its collection system to waters of the United States without an NPDES permit. Pursuant to Water Code section 13385, subdivision (a), a discharger who violates section 301 of the Clean Water Act is #25..
- 1052 -
Draft Attachment A A-2
City of Modesto SSO
Stanislaus County
subject to administrative civil liability in an amount not to exceed the sum of $10,000 per day of violation and $10 per gallon of waste discharged over 1,000 gallons but not cleaned up. (Water Code § 13385(c).)
VIOLATION 1: SSO OCCURRING ON 24 – 25 OCTOBER 2021
On 24 October 2021 until the early hours of 25 October 2021, inflow of stormwater into the wastewater system surcharged the River Trunk pipeline and caused an SSO at Beard Brook Park.3 Based on flow data at a nearby storm line at Bodem Street (approximately 1 mile away), the SSO began at approximately 10:45pm on October 24th and was receding at approximately 12:00am on October 25th. However, the SSO was not discovered by the Discharger until 9:45am on October 25th. On October 26th, the Discharger uncovered a severely corroded pipeline section in this area that contributed to the SSO. The pipe was so corroded that the top half of the pipe was missing. The Discharger estimated that 211,654 gallons of raw sewage mixed with stormwater was discharged to Dry Creek, a tributary of the Tuolumne River.
Step 1 – Potential for Harm for Discharge Violations
The “potential harm to beneficial uses” factor considers the harm that may result from exposure to the pollutants in the discharge, while evaluating the nature, circumstances, extent, and gravity of the violation. A three-factor scoring system is used for each violation or group of violations: (1) the degree of toxicity of the discharge; (2) the actual harm or potential harm to beneficial uses; and (3) whether the discharge is susceptible to cleanup or abatement.
Factor 1: The Degree of Toxicity of the Discharge
The evaluation of the degree of toxicity considers the physical, chemical, biological, and/or thermal characteristics of the discharge involved in the violation and the risk of damage the discharge could cause to receptors or beneficial uses. Potential receptors are human, environmental, and ecosystem exposure pathways. A score between 0 and 4 is assigned based on a determination of the risk or threat of the discharged material.
Toxicity is the degree to which a substance can damage a living or non-living organism.
Toxicity can refer to the effect on a whole organism, such as an animal, bacterium, or plant, as well as the effect on a substructure of the organism, such as a cell or an organ. In this case, the discharge contained raw sewage, which generally contains elevated concentrations of pathogens, coliform bacteria, total suspended solids, biochemical oxygen demand, nitrate, and ammonia. Elevated levels of these constituents can lead to low dissolved oxygen in the receiving water, which impacts aquatic life, and can impact human health through direct or indirect contact. Because the discharged material possesses an 3 City of Modesto, Technical Report – River Trunk Sanitary Sewer Overflow (Dec. 9, 2021), p. 5. #25..
- 1053 -
Draft Attachment A A-3
City of Modesto SSO
Stanislaus County
above moderate risk or a direct threat to potential receptors, a score of 3 is assigned for this factor.
Factor 2: Actual Harm or Potential Harm to Beneficial Uses The evaluation of the actual harm or the potential harm to beneficial uses factor considers the harm to beneficial uses in the affected receiving water body that may result from exposure to the pollutants or contaminants in the discharge. A score between 0 and 5 is assigned based on a determination of whether the harm or potential for harm to beneficial uses is negligible (0), minor (1), below moderate (2), moderate (3), above moderate (4), or major (5).
The 24-25 October 2021 spill consisted of untreated raw sewage, which discharged into Dry Creek, a tributary to the Tuolumne River. The designated beneficial uses of the Tuolumne River that could be impacted by the discharge are outlined in the Water Quality Control Plan for the Sacramento and San Joaquin River Basins, Fifth Edition, revise February 2019 (Basin Plan).4 The beneficial uses include municipal and domestic supply, agricultural irrigation, stock watering, contact and non-contact recreation, warm and cold freshwater habitat, migration, spawning, and wildlife habitat.
The flow rates of the Tuolumne River were recorded at the U.S. Geological Survey (USGS) river monitoring station, USGS 11290000,5
located near the spill location. As shown in
Figure 1 below, the flow rates were above average when the violation occurred.
Figure 1: Tuolumne River Flow on 25 October 2021 – USGS 11290000 4 The Basin Plan can be found here,
https://www.waterboards.ca.gov/centralvalley/water_issues/basin_plans/sacsjr_201902.pdf. 5 Global positioning system (gps) coordinates are 37°37'38", 120°59’00”. #25..
- 1054 -
Draft Attachment A A-4
City of Modesto SSO
Stanislaus County
Although the spill volume was large at 211,654 gallons, the 24-25 October 2021 SSO occurred during a high intensity storm event which diluted the discharge, thus reducing the potential harm to beneficial uses. Therefore, the harm or potential harm to beneficial uses was measurable in the short term, but not appreciable. The discharge was expected to have a “below moderate” impact to beneficial uses to the Tuolumne River; thus, a score of 2 is assigned to this factor.
Factor 3: Susceptibility to Cleanup or Abatement
A score of 0 is assigned for this factor if the discharger cleans up 50% or more of the discharge within a reasonable amount of time. A score of 1 is assigned if less than 50% of the discharge is susceptible to cleanup or abatement, or if 50 percent or more of the discharge is susceptible to cleanup or abatement, but the discharger failed to clean up 50 percent or more of the discharge within a reasonable time. For Violation 1, a factor of 1 is assigned because less than 50% of the discharge was susceptible to cleanup or abatement.
Final Score: “Potential for Harm”
The scores of the three factors are added to provide a Potential for Harm score for each violation. In this case, a final score of 6 was calculated. The total score is then used in Step 2 below.
Step 2 – Assessment for Discharge Violations
This step addresses administrative civil liabilities for the spill based on both a per gallon and a per day basis.
Deviation from Requirement
The Deviation from Requirement reflects the extent to which the violation deviates from the specific requirement that was violated. “Major” is assigned when the requirement has been rendered ineffective (e.g., the requirement was rendered ineffective in its essential functions).
Here, the Statewide General Order, Prohibition C.1, prohibits any SSO that results in a discharge of untreated wastewater, like raw sewage, to waters of the United States. As such, the Central Valley Water Board Prosecution Team finds the Deviation from Requirement is “major” for this violation because the discharge of raw sewage into Dry Creek, which ultimately reaches the Tuolumne River, rendered this requirement ineffective.
Per Gallon Assessment for Discharge Violation
#25..
- 1055 -
Draft Attachment A A-5
City of Modesto SSO
Stanislaus County
When there is a discharge, the Central Valley Water Board determines an initial liability amount on a per gallon basis using the Potential for Harm score and the Deviation from Requirement of the violation.
Table 1 of the Enforcement Policy is used to determine a per gallon factor based on the Potential for Harm score from Step 1 and the Deviation from Requirement. With a Potential for Harm Score of 6 and a major Deviation from Requirement, the per gallon factor is 0.28.
This value of 0.28 is multiplied by the volume of discharge and the days of discharge, as described below.
Pursuant to Water Code section 13385, subdivision (c), the per gallon administrative civil liability shall not exceed $10 per gallon of waste discharged over 1,000 gallons that was not cleaned up. Of the 211,654 gallons of raw sewage discharged into Dry Creek, a total of 210,654 gallons exceeded 1,000 gallons and was not cleaned up.
The Enforcement Policy allows for a reduction from the maximum penalty of $10 per gallon when the discharge is considered high volume. For high volume discharges between 100,000 gallons and 2,000,000 gallons, the Central Valley Water Board may elect to use a value between $2.00 per gallon and $10.00 per gallon. For this violation, the discharge volume subject to administrative civil liability is 210,654 gallons and is considered high volume. The Prosecution Team determined that an assessment of $2.00 per gallon is appropriate and will not result in an inappropriately small administrative civil liability for this violation.
Violation 1: Per Gallon Assessment
0.28 per gallon factor x 210,654 gallons x $2 per gallon = $117,966.24 Per Day Assessment for Discharge Violation
When there is a discharge, the Central Valley Water Board determines an initial liability amount on a per day basis using the same Potential for Harm and Deviation from Requirement scores used in the per gallon analysis. Using Table 2 from the Enforcement Policy, the per day factor is 0.28. Although this violation spans two days, starting on October 24th and ending on the 25th, the duration of the spill was estimated at 75 minutes.
For the purposes of this calculation, the Prosecution Team is counting only one day of violation. The liability is calculated as the per day factor multiplied by the number of days multiplied by the statutory maximum of $10,000 per day of violation. (Water Code § 13385(c)(1).)
Violation 1: Per Day Assessment
0.28 per day factor x 1 Day x $10,000 per day = $2,800
#25..
- 1056 -
Draft Attachment A A-6
City of Modesto SSO
Stanislaus County
Initial Liability Amount
The value is determined by adding together the per gallon assessment and the per day assessment. For Violation 1, the total initial liability is $120,766.24 ($117,966.24 + $2,800).
Step 3 – Per Day Assessment for Non-Discharge Violation This step does not apply because this is an alleged discharge violation.
Step 4 – Adjustment Factors
The Central Valley Water Board considers three additional factors for potential modification of the initial liability amount: the violator’s degree of culpability, the violator’s prior history of violations, and the violator’s voluntary efforts to cleanup or its cooperation with regulatory authorities after the violation.
Culpability
Higher liabilities should result from intentional or negligent violations as opposed to accidental violations. A multiplier between 0.75 and 1.5 is to be used, with a higher multiplier for intentional misconduct or gross negligence and a lower multiplier for simple negligence. A neutral assessment of 1.0 should be used when a discharger is determined to have acted as a reasonable and prudent person would have. A multiplier of less than 1.0 should only be used when a discharger demonstrates that it has exceeded the standard of care expected of a reasonably prudent person to prevent the violation.
Here, the Discharger has been enrolled under the Statewide General Permit since 2006 and is responsible for ensuring that its collection system is inspected and maintained to prevent spills. Specifically, Section D.13(viii) in the Statewide General Permit requires the Discharger to identify and evaluate any hydraulic deficiencies in its collection system and make improvements to prevent spills due to a storm or wet weather event. In October 2016, the Discharger experienced a similar SSO from the same location at Beard Brook Park caused by the failure of a different pipe segment. Therefore, the Discharger was aware of the deficiencies in this section of the collection system and should have prioritized inspection and maintenance of this section, which could have prevented the spill. Based on the extent of corrosion on the failed pipe, the Prosecution Team believes that the 24-25 October 2021 SSO could have been prevented if the Discharger had performed a closedcircuit television (CCTV) inspection of this portion of the pipeline, especially after a similar spill occurred in October 2016. Therefore, a multiplier of 1.1 is assigned to Violation 1.
History of Violations
When there is a prior history of violations, the Enforcement Policy requires a minimum multiplier of 1.1 to be used. On 28 July 2017, the Discharger entered into a settlement with #25..
- 1057 -
Draft Attachment A A-7
City of Modesto SSO
Stanislaus County
the Central Valley Water Board to resolve SSO violations that occurred in December 2015 and October 2016. (See Stipulated Administrative Civil Liability Order No. R5-2017-0520.) Therefore, the Discharger has a prior history of violations and a multiplier of 1.1 is appropriate.
Cleanup and Cooperation
This factor reflects the extent to which a discharger voluntarily cooperates in returning to compliance and correcting environmental damage. A multiplier between 0.75 and 1.5 is to be used, with a higher multiplier when there is a lack of cooperation.
Once the SSO was discovered on October 25th, the Discharger promptly notified the California Office of Emergency Services (Cal-OES), the Central Valley Water Board, and other regulatory agencies. The spill area was barricaded to prevent public access and warning signs were posted. On October 27th, the Discharger hired a contractor to perform an emergency repair of the corroded pipe. To prevent future SSOs, the Discharger is in the process of a multi-phase plan to replace and realign the River Trunk Line and to install an emergency bypass line so that surcharges of the River Trunk Line are diverted to the Cannery Segregation Line. Because the Discharger timely responded to the SSO, voluntarily returned to compliance, and has plans to prevent future SSOs in this area, a neutral multiplier of 1.0 is appropriate.
Step 5 - Determination of Total Base Liability Amount
The Total Base Liability is determined by applying the adjustment factors from Step 4 to the Initial Liability Amount determined in Step 2.
Violation 1: Total Base Liability Amount
$120,766.24 x 1.1 x 1.1 x 1.0 = $146,127.15
VIOLATION 2: SSO OCCURRING ON 30 OCTOBER 2021
On 30 October 2021, an SSO occurred at Beard Brook Park at the same location as the 24-25 October 2021 incident. The Discharger reported that two bypass pumps, deployed to bypass flows into a separate sewer line while repairs were made to the corroded pipeline described in Violation 1, failed. The bypass pumps clogged and failed to keep up with incoming wastewater flows, thus causing an SSO upstream of the repair location. An estimated 211,650 gallons of raw sewage was released into Dry Creek, a tributary of the Tuolumne River.
#25..
- 1058 -
Draft Attachment A A-8
City of Modesto SSO
Stanislaus County
Step 1 – Potential for Harm for Discharge Violations
The “potential harm to beneficial uses” factor considers the harm that may result from exposure to the pollutants in the discharge, while evaluating the nature, circumstances, extent, and gravity of the violation. A three-factor scoring system is used for each violation or group of violations: (1) the degree of toxicity of the discharge; (2) the actual harm or potential harm to beneficial uses; and (3) whether the discharge is susceptible to cleanup or abatement.
Factor 1: Degree of Toxicity of the Discharge
This factor evaluates the degree of toxicity by considering the physical, chemical, biological, and/or thermal characteristics of the discharge in the violation and the risk of damage the discharge could cause to receptors or beneficial uses. Potential receptors are human, environmental, and ecosystem exposure pathways. A score between 0 and 4 is assigned based on a determination of the risk or threat of the discharged material.
The description of the toxicity of discharge containing raw sewage, potential receptors, and beneficial uses in Violation 1 applies to this violation as well. Because the discharged material possesses an above moderate risk or a direct threat to potential receptors, a score of 3 is assigned for this factor.
Factor 2: Actual Harm or Potential Harm to Beneficial Uses The evaluation of the actual harm or the potential harm to beneficial uses factor considers the harm to beneficial uses in the affected receiving water body that may result from exposure to the pollutants or contaminants in the discharge. A score between 0 and 5 is assigned based on a determination of whether the harm or potential for harm to beneficial uses is negligible (0), minor (1), below moderate (2), moderate (3), above moderate (4), or major (5). Because Dry Creek is a tributary to the Tuolumne River, the description of the beneficial uses of the Tuolumne River in Violation 1 apply to this violation as well.
The 30 October 2021 spill consisted of raw sewage, which discharged directly into Dry Creek, and ultimately to the Tuolumne River. The flow rate of the Tuolumne River on October 30th, measured near the spill location, is depicted in Figure 2 below.
Figure 2: Tuolumne River Flow on 30 October 2021– USGS 11290000 #25..
- 1059 -
Draft Attachment A A-9
City of Modesto SSO
Stanislaus County
The flow rate on October 30th (Figure 2) was 6 times lower than the flow rate on October 25th (Figure 1) though the spill volume was similar. Without significant dilution from a heavy rainfall event, the harm or potential harm to beneficial uses is moderate and likely to attenuate without appreciable medium or long term acute or chronic effects. Therefore, a score of 3 is assigned to this factor.
Factor 3: Susceptibility to Cleanup or Abatement
A score of 0 is assigned for this factor if the discharger cleans up 50% or more of the discharge within a reasonable amount of time. A score of 1 is assigned if less than 50% of the discharge is susceptible to cleanup or abatement, or if 50 percent or more of the discharge is susceptible to cleanup or abatement but the discharger failed to clean up 50 percent or more of the discharge within a reasonable time. For Violation 2, a factor of 1 is assigned because less than 50% of the discharge was susceptible to cleanup or abatement.
Final Score – “Potential for Harm”
The scores of the three factors are added to provide a Potential for Harm score for each violation. In this case, a final score of 7 was calculated. The total score is then used in Step 2 below.
Step 2 – Assessment for Discharge Violations
This step addresses administrative civil liabilities for the spills based on both a per gallon and a per day basis.
#25..
- 1060 -
Draft Attachment A A-10
City of Modesto SSO
Stanislaus County
Deviation from Requirement
As described in the Enforcement Policy, a “major” deviation is assigned when the requirement has been rendered ineffective (e.g., the requirement was rendered ineffective in its essential functions). Here, the Statewide General Order, Prohibition C.1, prohibits any SSO that results in a discharge of untreated wastewater, like raw sewage, to waters of the United States. As such, the Central Valley Water Board finds the Deviation from Requirement is “major” for Violation 4 because the discharge of raw sewage into Dry Creek, which ultimately reaches the Tuolumne River, rendered this requirement ineffective.
Per Gallon Assessment for Discharge Violation
When there is a discharge, the Central Valley Water Board determines an initial liability amount on a per gallon basis using the Potential for Harm score and the Deviation from Requirement of the violation.
Using Table 1 of the Enforcement Policy and with a Potential for Harm score of 7 and a major Deviation from Requirement, the per gallon factor is 0.41.
Pursuant to Water Code section 13385, subdivision (c), the civil liability amount shall not exceed $10 per gallon of waste discharged but not cleaned up that exceeds 1,000 gallons.
For this violation, of the 211,650 gallons discharged, 210,650 gallons exceeded 1,000 gallons and was not cleaned up.
For high volume discharges, the Central Valley Water Board may elect to use a value between $2.00 per gallon and $10.00 per gallon. For this violation, the discharge volume subject to administrative civil liability is 210,650 gallons and is considered high volume. The Prosecution Team determined that an assessment of $2.00 per gallon is appropriate and will not result in an inappropriately small administrative civil liability for this violation.
Violation 2: Per Gallon Assessment
0.41 per gallon factor x 210,650 gallons x $2 per gallon = $172,733 Per Day Assessment for Discharge Violations
When there is a discharge, the Central Valley Water Board determines an initial liability amount on a per day basis using the same Potential for Harm and the Extent of Deviation from Requirement that were used in the per gallon analysis. Using Table 2 in the Enforcement Policy, the per day factor is 0.41. According to the Discharger’s technical report, the Discharger’s contractor working on the pipe repair estimates that this SSO began around 10:15am and stopped around 11:30am on the same day. The liability is #25..
- 1061 -
Draft Attachment A A-11
City of Modesto SSO
Stanislaus County
calculated as the per day factor multiplied by the number of days multiplied by the statutory maximum of $10,000 per day of violation. (Water Code § 13385(c)(1).) Violation 2: Per Day Assessment
0.41 per day factor x 1 Day x $10,000 per day = $4,100
Initial Liability Amount
This value is determined by adding together the per gallon assessment and the per day assessment. For Violation 2, the initial liability is $176,833 ($172,733 + $4,100).
Step 3 – Per Day Assessment for Non-Discharge Violation This factor does not apply because the spill is a discharge violation.
Step 4 – Adjustment Factors
The Central Valley Water Board considers three additional factors for potential modification of the initial liability amount: the violator’s degree of culpability, the violator’s prior history of violations, and the violator’s voluntary efforts to cleanup or its cooperation with regulatory authorities after the violation.
Culpability
As described in Violation 1, higher liabilities should result from intentional or negligent violations as opposed to accidental violations. A multiplier between 0.75 and 1.5 is to be used, with a higher multiplier for intentional misconduct or gross negligence and a lower multiplier for simple negligence.
In the Discharger’s technical report, the Discharger attributes this SSO to wastewater flows that exceeded the bypass pump capacity while repairs were being made to the corroded pipe described in Violation 1 above. As noted in the report, the repairs began in the morning, within the peak flow times for a Saturday when people are waking up and performing household tasks like laundry (termed a “morning flush”). Under these circumstances, the Discharger could have scheduled the repair to occur during off-peak flows or advised their contractor performing the repairs to utilize a bypass pump with greater capacity. Instead, the Discharger’s contractor used two 8” pumps but could have used pumps with larger capacity.
Additionally, the Discharger’s contractor failed to monitor rising flows within the pipe segment which resulted in the SSO occurring in the same location at Beard Brook Park as in Violation 1. A reasonable and prudent person would have monitored the repair work on the pipe segment more closely and be able to immediately identify the rising flows to #25..
- 1062 -
Draft Attachment A A-12
City of Modesto SSO
Stanislaus County
prevent or limit another SSO. However, in this case, the SSO started around 10:15am but was not identified until approximately 11:30am. The SSO was identified by a private citizen and not the contractor or city personnel.
The Discharger’s conduct was negligent because it failed to take reasonable and prudent actions to evaluate the capacity of the bypass pumps during peak flows and to monitor the repair area. Thus, a multiplier of 1.1 is appropriate for this violation.
History of Violations
When there is a prior history of violations, the Enforcement Policy requires a minimum multiplier of 1.1 to be used. The description of the Discharger’s history of violations in Violation 1 above apply here as well. Although this SSO occurred in a similar area as in Violation 1, the Prosecution Team recognizes that the Discharger was repairing the corroded pipeline when this spill occurred; as such, a multiplier of 1.1 is appropriate instead of a higher multiplier.
Cleanup and Cooperation
This factor reflects the extent to which a discharger voluntarily cooperates in returning to compliance and correcting environmental damage. A multiplier between 0.75 and 1.5 is to be used, with a higher multiplier when there is a lack of cooperation.
Here, the Discharger immediately dispatched staff to the spill location once it was notified of the event by a private citizen. Within 75 minutes, the Discharger addressed the bypass pumps, flows were restored, and the SSO receded. Cleanup activities were initiated on the same day. Because the Discharger timely responded to the spill and voluntarily returned to compliance, a neutral multiplier of 1.0 is appropriate.
Step 5 - Determination of Total Base Liability Amount
The Total Base Liability is determined by applying the adjustment factors from Step 4 to the Initial Liability Amount determined in Step 2.
Violation 2: Total Base Liability Amount
$176,833 x 1.1 x 1.1 x 1.0 = $213,967.93
Step 5 (Combined): Total Base Liability for All Violations The combined total base liability is the sum of the total base liability for each of the violations discussed above, as summarized in the following table:
#25..
- 1063 -
Draft Attachment A A-13
City of Modesto SSO
Stanislaus County
Table A: Summary of the Total Calculated Base Penalty
Date
Spill
Volume
(Gallons
Evaluated)
Culpability History of
Violation
Cleanup and
Cooperation
Total Calculated
Base Penalty
10/24-25/21 210,654 1.1 1.1 1 $146,127.15
10/30/21 210,650 1.1 1.1 1 $ 213,967.93
Total $360,095.08
The total base liability is $360,095.08 rounded to $360,095.
Step 6 - Ability to Pay and Ability to Continue in Business The ability to pay and to continue in business factor must be considered when assessing administrative civil liabilities. The Enforcement Policy states that if the Central Valley Water Board has sufficient financial information to assess the Discharger’s ability to pay the Total Base Liability or to assess the effect of the Total Base Liability on the Discharger’s ability to continue in business, then the Total Base Liability amount may be adjusted to address the Discharger’s ability to pay or continue in business.
In this case, the Discharger is a governmental entity with the ability to raise revenue to satisfy the proposed liability through the imposition of fees and taxes. A review of the City of Modesto’s 2021-22 Adopted Operating Budget shows the City has approximately $153 million in its general fund, with approximately $58.9 million allocated to the wastewater fund. Their final budget can be accessed at the following website:
https://www.modestogov.com/ArchiveCenter/ViewFile/Item/3357.
Step 7 – Economic Benefit
The Enforcement Policy provides that the economic benefit of noncompliance should be calculated using the United States Environmental Protection Agency’s Economic Benefit Model (BEN) penalty and financial modeling program unless it is demonstrated that an alternative method of calculating the economic benefit is more appropriate. Using standard economic principals such as the time-value of money and tax deductibility of compliance costs, BEN calculates a discharger’s economic benefit derived from delaying or avoiding compliance with environmental statutes. For this case, BEN was determined to be the appropriate method and BEN Version 2023.0.1 was used to calculate the economic benefit.
Here, the alleged SSO violations were caused by structural failures like the corroded pipeline in the River Trunk Line (Violation 1) and operational failures like wastewater flows exceeding bypass pump capacity (Violation 2). Timely implementation of corrective actions could have #25..
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Draft Attachment A A-14
City of Modesto SSO
Stanislaus County
prevented or mitigated the SSOs; instead, these avoided and delayed expenses benefited the Discharger.
Specifically, the 24-25 October 2021 and 30 October 2021 SSOs would have been prevented or mitigated if the Discharger had conducted a CCTV inspection, which would have shown a severely corroded pipe needing replacement. The CCTV inspection is considered an avoided compliance action since the Discharger can no longer conduct the CCTV that would have identified the need for pipe replacement. The replacement of the pipe is considered delayed since the Discharger ultimately replaced that section of pipe.
The avoided CCTV compliance action resulted in an economic benefit of $699, while the delayed pipe replacement resulted in an economic benefit of $97.
For computational purposes, the penalty payment date was established as 1 July 2024.
Based on specific assumptions within the model, the total economic benefit of noncompliance was determined to be approximately $796. Additional details regarding this calculation are included in Attachment B.
Pursuant to Water Code section 13385, subdivision (e), civil liability, at a minimum, must be assessed at a level that recovers the economic benefit, if any, derived from the acts that constitute the violation. The Enforcement Policy states that the total liability shall be at least 10% higher than the economic benefit, “so that liabilities are not construed as the cost of doing business and the assessed liability provides a meaningful deterrent to future violations.” Therefore, the minimum total liability associated with the economic benefit is $875.60 ($796 + $79.60), rounded to $876.
Step 8 – Other Factors as Justice May Require
The Central Valley Water Board may adjust the potential liability amount under this step, but only if express findings are made to justify the adjustment. For purposes of settlement, the Prosecution Team is not adjusting the base liability by any factors including staff costs.
Step 9 – Maximum and Minimum Liability Amounts
The maximum and minimum amounts for the discharge violations must be determined for comparison to the liability amount being proposed.
Maximum Liability: Pursuant to Water Code section 13385, subsection (c), the maximum liability is $10,000 for each day in which the violation occurs and, where there is a discharge, up to $10 per gallon for each gallon discharged over 1,000 gallons. The Discharger discharged 423,304 gallons of raw untreated sewage on 2 separate occasions to waters of the United States. Thus, the combined maximum liability for all violations at $10 per gallon and $10,000 per day is $4,233,040 as shown in Table B below. #25..
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Draft Attachment A A-15
City of Modesto SSO
Stanislaus County
Table A: Summary of the Total Calculated Base Penalty
Date Spill Volume (Gallons
Evaluated)
Max.
Per
Gallon
Liability
Max. Per
Day
Liability
Total
Calculated
Base Penalty
10/24-25/21 210,654 $10 $10,000 $2,106,540
10/30/21 210,650 $10 $10,000 $2,106,500
Total Maximum Liability $4,213,040
Minimum Liability: The minimum liability is calculated as the economic benefit plus 10%.
The minimum liability is $876.
Step 10 – Final Liability Amount
The final liability amount consists of the added amounts for each violation, with any allowed adjustments, provided the amounts are within the statutory minimum and maximum amounts. Using the Penalty Calculation Methodology, as described above, the proposed penalty is $360,095, which is within the maximum and minimum liability amounts. #25..
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Attachment B
#25..
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Attachment C: Supplemental Environmental Project (SEP)
1. Project Title: Bridge Housing for Modesto’s Unsheltered Population - Water Use Facilities.
2. Geographical Area of Interest: 402 9th Street, Modesto, California 95351, as depicted in Figure 1 below.
3. Name of Responsible Entity: City of Modesto (City)
4. Contact Information:
William Wong
City of Modesto, Director of Utilities
1010 10th Street
Modesto, CA 95354
Ph: (209) 577-5395
[email protected]
5. Project Goals and Description: The project will provide sanitary and shelterrelated units for the unhoused population in Modesto. The City’s unsheltered community tends to reside in City parks, trails, public spaces (adjacent to public roads), rivers (Tuolumne River and Dry Creek), and structurally unsafe hand-dug caves. While there are restrooms in some park locations, many of these areas have no access to appropriate sanitary facilities. The bridge housing project underway at 402 9th Street will create a living environment with up to 42 cabins that will provide temperature-controlled shelter space and will provide meals and sanitary facilities such as restrooms, showers, and laundry facilities. This SEP will focus on installing restrooms, showers, laundry units, and associated water and sewer infrastructure for this bridge housing project (SEP Units).
The City has partnered with the County of Stanislaus (County), who will oversee the maintenance and upkeep of the SEP Units located at 402 9th Street, Modesto, California.
6. Estimated Cost of Project Completion: The entire settlement amount of $325,000 will be allocated towards installation of the SEP Units. The SEP Units are funded entirely by the City and not funded by any other source. The total cost of construction for the entire bridge housing project is approximately $3.1 million, which includes the SEP Units. Of the $3.1 million, approximately $2.7 million is funded by a grant from the Department of Health Care Services (DHCS). The SEP Units are not funded by the DHCS grant.
#25..
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Attachment C: Supplemental Environmental Project C-2
City of Modesto SSO
Stanislaus County
7. Environmentally Beneficial: The bridge housing project will provide support to the unsheltered community to relocate from public spaces such as areas around the Tuolumne River and Dry Creek, which may be negatively impacted by trash, human waste, drug paraphernalia, and other pollution. Installation of sanitary facilities will help eliminate surface water pollution in these water bodies and protect water quality. Additionally, the City has experienced sanitary sewer overflows discharging into Dry Creek, so encouraging the unsheltered community away from public spaces like Dry Creek will reduce unsheltered communities’ potential exposure to raw sewage from spills.
Overall, the installation and availability of sanitary facilities will help reduce contamination of the City’s rivers, prevent further pollution, and improve the public health of individuals experiencing homelessness as demonstrated by multiple agencies across the state, including the local Central Valley Regional Water Board 2020 Homelessness Project6 and as demonstrated by the Water Education Foundation’s study on the connection between sanitary facilities and California water quality.
7 Thus, the project will improve, protect, and reduce risks to public health and the environment. The project will benefit disadvantaged communities as it will directly benefit the unhoused community in Modesto.
Compliance with SEP Criteria
a. Above and Beyond Discharger’s Obligations: The City of Modesto has no obligation to provide emergency shelter for the unsheltered community on City-owned property. The City voluntarily agrees to undertake the SEP in settlement of an enforcement action to offset civil penalties. The SEP is not commenced until after the stipulated order is in effect (SEP Policy, section III.3.)
b. No Benefit to the Water Board Functions, Members, or Staff: This project would not benefit any Water Board functions, members, or staff. c. Nexus to the Violation: The SEP Policy requires that a SEP have a nexus to the alleged violation. (SEP Policy, section VIII.F.) This SEP has a nexus to the location of the alleged violation because the water quality benefits of this SEP are designed to improve the water quality of the receiving waters at issue in the alleged violations (Tuolumne River and Dry Creek).
6 Central Valley Regional Water Board 2020 Homelessness Project, available at https://www.waterboards.ca.gov/centralvalley/water_issues/homeless/. 7 Water Institute Foundation, “Can Providing Bathrooms to Homeless Protect California’s Water Quality” (June 27, 2019), available at https://www.watereducation.org/western-water/can-providingbathrooms-homeless-protect-californias-water-quality. #25..
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Attachment C: Supplemental Environmental Project C-3
City of Modesto SSO
Stanislaus County
d. SEP Category: The SEP Policy provides for seven categories of SEPs. (SEP Policy, section V.) This SEP falls under the “Public Health” and “Pollution Prevention” categories.
e. Project Maintenance: The City has partnered with the County, who will oversee the maintenance and upkeep of the project, via an executed operating agreement with Modesto BHBH LP, a qualified site operator.
Through this operating agreement, the site operator will maintain the SEP Units to ensure they are kept in adequate condition throughout the duration of this project. The City, County, and site operator will continue to hold regular meetings throughout the duration of the project to ensure agreement responsibilities are being met.
f. Documented Support: Ongoing collaboration between the City and County in support of this project.
g. Project Milestones, Schedule, and Budget: The City expects the SEP Units to be completed by January 31, 2025, which is within thirty-six (36) months, as recommended by the State Water Board’s SEP Policy.
Bridge housing project milestones schedule:
§ April 30, 2024: County received Board of Supervisor approval for an Agreement with a Construction and Project Management firm to oversee the construction of the project.
§ July 26, 2024: Conclude pre-design week.
§ July 30, 2024: County to take Operating Agreement to Board of Supervisors.
§ August 26, 2024: Submit construction plan to City for planning and permit review.
§ September 15, 2024: Final permits issued by City.
SEP milestones schedule:
§ September 10, 2024: Stipulated Order presented to City Council. § October 14, 2024: Begin construction of SEP units after Stipulated Order is entered by Central Valley Water Board or its delegee. § By October 30, 2024: Preliminary site preparation estimated to be complete, including rough-in of site sewer and rough-in of domestic water.
§ By November 11, 2024: City sewer tie-in estimated to be complete. #25..
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Attachment C: Supplemental Environmental Project C-4
City of Modesto SSO
Stanislaus County
§ By November 30, 2024: Initial underground work estimated to be complete.
§ December 18, 2024: Tie in SEP Unit utilities.
§ December 31, 2024: SEP Units estimated to be complete. § January 13, 2025: Final City inspections.
§ January 17, 2025: Certificate of Occupancy issued by City. § January 31, 2025: Occupancy.
h. Final Post-Project Accounting of Expenditures: The City will submit a final, post-project accounting of expenditures to the Central Valley Water Board.
Reports to the Water Board
i. Monthly Report: The City will submit monthly progress reports documenting progress made on the SEP. The monthly reports will be due on the last day of the month following the end of each month, beginning with October 2024. Monthly progress reports shall summarize project expenditures and describe the work completed during the preceding quarter.
ii. Final Report: Following SEP completion, the City will submit a Final Report documenting distribution of funds. The Final Report shall be submitted to the Central Valley Water Board no later than January 31, 2025.
#25..
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Attachment C: Supplemental Environmental Project C-5
City of Modesto SSO
Stanislaus County
Table C-1 Project Proposal Budget
*Underground work consists of underground potable water and sewer line piping installed from the wet units to the public connections of the site. This includes underground distribution of water and sewer from the point of underground piping to the units containing the restrooms, shower, laundry, and the Will Scott trailer that will contain a staff-only restroom.
**There will be a total of five wet units that will require this underground work. One wet unit is a staff only restroom located in a Will Scott trailer, three self-contained units that include a restroom and shower, and one laundry unit. 402 9th Street Project Budget SEP Grant Budget
SITE IMPROVEMENTS
Water Tie-In Location On-Site (Labor) $ 30,000
Sewer Tie-In Location On-Site (Labor) $ 30,000
SUBTOTAL SITE IMPROVEMENTS: $ 60,000
UNDERGROUND WORK*
Potable Water Backflow (Material) $ 30,000
Underground Water Distribution (Labor) $ 40,000
Underground Sewer Distribution (Labor) $ 30,000
SUBTOTAL UNDERGROUND: $ 100,000
MODULAR WET UNIT WITH INSTALLATION
Placement and Assembly of Wet Units on Site**
(Labor) $ 19,000
Connection of the units to the sewer and water
pipe locations (Labor) $ 15,000
Restroom/Laundry Units** (Material) $ 131,000
SUBTOTAL MODULAR UNIT PLACEMENT: $ 165,000
TOTAL SEP PROJECT BUDGET: $ 325,000
#25..
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Attachment C: Supplemental Environmental Project
City of Modesto SSO
Stanislaus County
Figure C-1: Supplemental Environmental – SEP Units (Circled) #25..
- 1073 -
Attachment C: Supplemental Environmental Project (SEP)
1. Project Title: Bridge Housing for Modesto’s Unsheltered Population - Water Use Facilities.
2. Geographical Area of Interest: 402 9th Street, Modesto, California 95351, as depicted in Figure 1 below.
3. Name of Responsible Entity: City of Modesto (City)
4. Contact Information:
William Wong
City of Modesto, Director of Utilities
1010 10th Street
Modesto, CA 95354
Ph: (209) 577-5395
[email protected]
5. Project Goals and Description: The project will provide sanitary and shelterrelated units for the unhoused population in Modesto. The City’s unsheltered community tends to reside in City parks, trails, public spaces (adjacent to public roads), rivers (Tuolumne River and Dry Creek), and structurally unsafe hand-dug caves. While there are restrooms in some park locations, many of these areas have no access to appropriate sanitary facilities. The bridge housing project underway at 402 9th Street will create a living environment with up to 42 cabins that will provide temperature-controlled shelter space and will provide meals and sanitary facilities such as restrooms, showers, and laundry facilities. This SEP will focus on installing restrooms, showers, laundry units, and associated water and sewer infrastructure for this bridge housing project (SEP Units).
The City has partnered with the County of Stanislaus (County), who will oversee the maintenance and upkeep of the SEP Units located at 402 9th Street, Modesto, California.
6. Estimated Cost of Project Completion: The entire settlement amount of $325,000 will be allocated towards installation of the SEP Units. The SEP Units are funded entirely by the City and not funded by any other source. The total cost of construction for the entire bridge housing project is approximately $3.1 million, which includes the SEP Units. Of the $3.1 million, approximately $2.7 million is funded by a grant from the Department of Health Care Services (DHCS). The SEP Units are not funded by the DHCS grant.
#25..
- 1074 -
Attachment C: Supplemental Environmental Project C-2
City of Modesto SSO
Stanislaus County
7. Environmentally Beneficial: The bridge housing project will provide support to the unsheltered community to relocate from public spaces such as areas around the Tuolumne River and Dry Creek, which may be negatively impacted by trash, human waste, drug paraphernalia, and other pollution. Installation of sanitary facilities will help eliminate surface water pollution in these water bodies and protect water quality. Additionally, the City has experienced sanitary sewer overflows discharging into Dry Creek, so encouraging the unsheltered community away from public spaces like Dry Creek will reduce unsheltered communities’ potential exposure to raw sewage from spills.
Overall, the installation and availability of sanitary facilities will help reduce contamination of the City’s rivers, prevent further pollution, and improve the public health of individuals experiencing homelessness as demonstrated by multiple agencies across the state, including the local Central Valley Regional Water Board 2020 Homelessness Project6 and as demonstrated by the Water Education Foundation’s study on the connection between sanitary facilities and California water quality.
7 Thus, the project will improve, protect, and reduce risks to public health and the environment. The project will benefit disadvantaged communities as it will directly benefit the unhoused community in Modesto.
Compliance with SEP Criteria
a. Above and Beyond Discharger’s Obligations: The City of Modesto has no obligation to provide emergency shelter for the unsheltered community on City-owned property. The City voluntarily agrees to undertake the SEP in settlement of an enforcement action to offset civil penalties. The SEP is not commenced until after the stipulated order is in effect (SEP Policy, section III.3.)
b. No Benefit to the Water Board Functions, Members, or Staff: This project would not benefit any Water Board functions, members, or staff. c. Nexus to the Violation: The SEP Policy requires that a SEP have a nexus to the alleged violation. (SEP Policy, section VIII.F.) This SEP has a nexus to the location of the alleged violation because the water quality benefits of this SEP are designed to improve the water quality of the receiving waters at issue in the alleged violations (Tuolumne River and Dry Creek).
6 Central Valley Regional Water Board 2020 Homelessness Project, available at https://www.waterboards.ca.gov/centralvalley/water_issues/homeless/. 7 Water Institute Foundation, “Can Providing Bathrooms to Homeless Protect California’s Water Quality” (June 27, 2019), available at https://www.watereducation.org/western-water/can-providingbathrooms-homeless-protect-californias-water-quality. #25..
- 1075 -
Attachment C: Supplemental Environmental Project C-3
City of Modesto SSO
Stanislaus County
d. SEP Category: The SEP Policy provides for seven categories of SEPs. (SEP Policy, section V.) This SEP falls under the “Public Health” and “Pollution Prevention” categories.
e. Project Maintenance: The City has partnered with the County, who will oversee the maintenance and upkeep of the project, via an executed operating agreement with Modesto BHBH LP, a qualified site operator.
Through this operating agreement, the site operator will maintain the SEP Units to ensure they are kept in adequate condition throughout the duration of this project. The City, County, and site operator will continue to hold regular meetings throughout the duration of the project to ensure agreement responsibilities are being met.
f. Documented Support: Ongoing collaboration between the City and County in support of this project.
g. Project Milestones, Schedule, and Budget: The City expects the SEP Units to be completed by January 31, 2025, which is within thirty-six (36) months, as recommended by the State Water Board’s SEP Policy.
Bridge housing project milestones schedule:
§ April 30, 2024: County received Board of Supervisor approval for an Agreement with a Construction and Project Management firm to oversee the construction of the project.
§ July 26, 2024: Conclude pre-design week.
§ July 30, 2024: County to take Operating Agreement to Board of Supervisors.
§ August 26, 2024: Submit construction plan to City for planning and permit review.
§ September 15, 2024: Final permits issued by City.
SEP milestones schedule:
§ September 10, 2024: Stipulated Order presented to City Council. § October 14, 2024: Begin construction of SEP units after Stipulated Order is entered by Central Valley Water Board or its delegee. § By October 30, 2024: Preliminary site preparation estimated to be complete, including rough-in of site sewer and rough-in of domestic water.
§ By November 11, 2024: City sewer tie-in estimated to be complete. #25..
- 1076 -
Attachment C: Supplemental Environmental Project C-4
City of Modesto SSO
Stanislaus County
§ By November 30, 2024: Initial underground work estimated to be complete.
§ December 18, 2024: Tie in SEP Unit utilities.
§ December 31, 2024: SEP Units estimated to be complete. § January 13, 2025: Final City inspections.
§ January 17, 2025: Certificate of Occupancy issued by City. § January 31, 2025: Occupancy.
h. Final Post-Project Accounting of Expenditures: The City will submit a final, post-project accounting of expenditures to the Central Valley Water Board.
Reports to the Water Board
i. Monthly Report: The City will submit monthly progress reports documenting progress made on the SEP. The monthly reports will be due on the last day of the month following the end of each month, beginning with October 2024. Monthly progress reports shall summarize project expenditures and describe the work completed during the preceding quarter.
ii. Final Report: Following SEP completion, the City will submit a Final Report documenting distribution of funds. The Final Report shall be submitted to the Central Valley Water Board no later than January 31, 2025.
#25..
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Attachment C: Supplemental Environmental Project C-5
City of Modesto SSO
Stanislaus County
Table C-1 Project Proposal Budget
*Underground work consists of underground potable water and sewer line piping installed from the wet units to the public connections of the site. This includes underground distribution of water and sewer from the point of underground piping to the units containing the restrooms, shower, laundry, and the Will Scott trailer that will contain a staff-only restroom.
**There will be a total of five wet units that will require this underground work. One wet unit is a staff only restroom located in a Will Scott trailer, three self-contained units that include a restroom and shower, and one laundry unit. 402 9th Street Project Budget SEP Grant Budget
SITE IMPROVEMENTS
Water Tie-In Location On-Site (Labor) $ 30,000
Sewer Tie-In Location On-Site (Labor) $ 30,000
SUBTOTAL SITE IMPROVEMENTS: $ 60,000
UNDERGROUND WORK*
Potable Water Backflow (Material) $ 30,000
Underground Water Distribution (Labor) $ 40,000
Underground Sewer Distribution (Labor) $ 30,000
SUBTOTAL UNDERGROUND: $ 100,000
MODULAR WET UNIT WITH INSTALLATION
Placement and Assembly of Wet Units on Site**
(Labor) $ 19,000
Connection of the units to the sewer and water
pipe locations (Labor) $ 15,000
Restroom/Laundry Units** (Material) $ 131,000
SUBTOTAL MODULAR UNIT PLACEMENT: $ 165,000
TOTAL SEP PROJECT BUDGET: $ 325,000
#25..
- 1078 -
Attachment C: Supplemental Environmental Project
City of Modesto SSO
Stanislaus County
Figure C-1: Supplemental Environmental – SEP Units (Circled) #25..
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1 MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF MODESTO AND
COUNTY OF STANISLAUS REGARDING BRIDGE HOUSING PROGRAM
This Memorandum of Understanding Regarding Bridge Housing Program (this “MOU” or “Agreement”) is entered into as of ___________, 2024 (the “Effective Date”), between the City of Modesto, a California charter city (“City”) and the County of Stanislaus (“County”), each individually referred to as a “Party” and collectively referred to as the “Parties”.
WHEREAS, as part of its efforts to reduce homelessness in the community, the City desires to facilitate the establishing of bridge housing sites throughout the City of Modesto; and WHEREAS, bridge housing, often referred to as non-congregate shelter options, is typically the first level of housing for individuals who are transitioning out of homelessness, and generally consists of small temporary manufactured homes; and
WHEREAS, BHRS desires to host a 42-unit bridge housing site on its property (the “Bridge Housing Site”), and BHRS is experienced in operating other programs for individuals who are homeless or at risk of homelessness; and
WHEREAS, on August 27, 2024, the City Council approved Supplemental Environmental Project Agreement (“SEP”) in the amount of $325,000 to be utilized for the development located at 402 9th Street referred to as (“Dignity Village”) for the supplies and infrastructure related to the wet units or (“SEP Units”); and
WHEREAS, the County has a contract with Dignity Moves for the construction and installation of this project including the SEP units; and
WHEREAS, the Parties desire to enter into this MOU to establish the duties and responsibilities of each Party with regard to the supplies, construction, and installation of the infrastructure as outlined in the SEP Scope of Work is attached hereto as Exhibit A.
NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Parties hereby agree as follows:
1. Term of Agreement.
The term of this Agreement shall commence on the later of September 30, 2024 or on the day after the completion of the Regional Water Board’s required 30 day public comment period for review of the SEP Agreement and shall terminate at the issuance of the certificate of completion.
2. Reimbursement.
The City will reimburse BHRS not to exceed three hundred twenty five thousand dollars ($325,000) for the performance of the work set forth in Exhibit A, attached hereto and incorporated herein. The County shall submit invoices to the City not more than once per month. Each invoice #25..
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2 shall identify the items or labor for which reimbursement is sought, the amount of reimbursement requested, and appropriate supporting documentation.
3. Bridge Housing Site.
A. Location. The Bridge Housing Site, as further specified herein, on the vacant lot located at 402 9th Street, Modesto, California 95351 (the “Property”). The Property is owned by the City of Modesto and leased for this project to Modesto BHBH LP.
B. Site Plan. The Bridge Housing Site shall consist of twelve (42) sleeping units, and one (1) restroom/ laundry trailer, and 1 communal office trailer. The Bridge Housing Site will also include necessary water, sewer, and electricity connections. The site plan for the Bridge Housing Site is attached hereto as Exhibit B, and incorporated herein by reference (the “Site Plan”).
C. Construction of Improvements. BHRS, or its designee, shall be responsible for installing and constructing the Bridge Housing Site as shown in the Site Plan, with such adjustments as deemed necessary by the City. The BHRS shall construct the Bridge Housing Site in accordance with all applicable laws and regulations, including to the extent applicable, the California Building Codes.
D. Authority for Use. BHRS warrants and represents that it has the full right, capacity, power and authority to enter into and carry out the terms of this Agreement. BHRS explicitly represents and warrants that it has the full right to use the Property for the purposes set forth herein. There are no liens, encumbrances, mortgages, covenants, conditions, reservations, restrictions, easements or other matters affecting the Property that would prohibit the Property from being used in the manner specified by this Agreement.
4. Insurance
A. Types. BHRS shall provide at its own expense and maintain at all times, the following insurance with insurance companies licensed in the State of California and shall provide evidence of such insurance to the City as may be required by the Risk Manager of the City.
BHRS shall submit evidence of insurance electronically via the Pacific Insurance Network Systems (PINS). The policies or certificates thereof shall provide that thirty (30) days prior to cancellation or material change in the policy, notices of same shall be given to the Risk Manager of the City by registered mail, return receipt requested, for all of the following stated insurance policies:
1) Worker’s Compensation in compliance with the statutes of the State of California, plus employer’s liability with a minimum limit of liability of $1,000,000.
2) General Liability insurance with a minimum limit of liability per occurrence of $1,000,000 for bodily injury and property damage. This insurance shall indicate on the certificate of insurance the following #25..
- 1081 -
3 coverage and indicate the policy aggregate limit applying to: premises and operations; broad form contractual; independent contractors and subcontractors; products and completed operations as applicable. 3) Automobile Liability insurance with a minimum limit of liability per occurrence of $1,000,000 for bodily injury and property damage. This insurance shall cover any automobile for bodily injury and property damage.
4) Property. BHRS shall maintain property insurance covering all risks of loss caused by or occurring in conjunction with the BHRS’s use of the Property and the operation of a business thereon including flood (if required) for 100% of the replacement value of the Property, the Bridge Housing Site, and any improvements, naming the City as loss payee as its interests may appear.
B. Terms. Upon failure of the BHRS to furnish, deliver or maintain such insurance and certificates as above provided, this Agreement, at the election of the City, may be forthwith declared suspended, or terminated. Failure of the BHRS to obtain and/or maintain any required insurance shall not relieve the BHRS from any liability under this Agreement, nor shall the insurance requirements be construed to conflict with or otherwise limit the obligations of the BHRS concerning indemnification. The City and its agents, officers, employees, and volunteers shall be named as an additional insured on all insurance policies required herein, except Worker’s Compensation.
C. Subrogation. The Worker’s Compensation insurer shall agree to waive all rights of subrogation against the City and its agents, officers, employees and volunteers for losses arising from work performed by BHRS.
D. Primary. The BHRS’s insurance policy(ies) shall include a provision that the coverage is primary as respects the City; shall include no special limitations to coverage provided to additional insured, and shall be placed with insurer(s) with acceptable Best’s rating of A: VII or with approval of the Risk Manager. The BHRS must deliver certificates evidencing existence of the insurance listed above to the City prior to the time the contract is signed.
E. Endorsements. BHRS shall provide City with separate endorsements evidencing proof of the City’s additional insured status as to both the general and auto liability insurance policies. In addition, BHRS shall provide City with a Workers’ Compensation subrogation waiver by way of a separate endorsement. All endorsements referenced above must include the applicable policy number.
F. Other. For any claims related to this project, the BHRS’s insurance shall be primary insurance as respects the City its officers, officials, employees, and volunteers. Any insurance or self-insurance maintained by the City, its officers, officials, employees or volunteers shall be excess of the BHRS’s insurance and shall not contribute with it. #25..
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4 5. Indemnification
BHRS shall indemnify, defend (with counsel reasonably acceptable to the City) and hold the City, its officers, officials, employees, and agents (“City Indemnitees”) harmless from and against any and all liabilities, losses, damages, fines, deficiencies, penalties, claims, demands, suits, actions, causes of action, legal or administrative proceedings, judgments, costs and expenses (including without limitation reasonable attorneys’ fees and court costs) (all of the foregoing, collectively “Claims”) arising from or in connection with any of the following: (i) BHRS’s operation or management of the Property and Bridge Housing Site, (ii) any work or thing done by BHRS on or in the Property, (iii) the condition of the Bridge Housing Site, including improvements initially installed by City but accepted by the BHRS, (iv) any breach or default by the BHRS in the performance of any covenant or agreement to be performed by the BHRS pursuant to the terms of this Agreement, (v) any negligence of the BHRS, or any of its agents, contractors, subcontractors, employees, or licensees, (vi) any accident, injury or damage caused by BHRS , or any of its agents, contractors, subcontractors, employees, or licensees to any person in or on the Property, and (vii) the furnishing of labor or materials by the BHRS or its contractors, subcontractors, employees, or agents.
In the event any such action or proceeding is brought against the City by reason of any such Claim set forth in this Section, the BHRS, upon notice from the City, covenants to defend such action or proceeding by counsel reasonably satisfactory to the City. If an insurer under insurance required to be maintained by the BHRS hereunder shall undertake to defend the City under a reservation of rights with respect to ultimate coverage and the City shall reasonably deem it necessary to retain independent counsel with respect to such matter, the BHRS shall pay the reasonable fees of such counsel.
The obligations of the BHRS under this Section shall not apply to any Claim or other matter that arises as a result of the sole negligence or willful misconduct of the City Indemnitees. This Section shall survive the expiration or earlier termination of this Agreement.
6. Assumption of Risk and Waiver.
Except to the extent such matter is attributable to the sole negligence or willful misconduct of City, City shall not be liable to BHRS or its officers, employees, departments, officials, representatives, inspectors, contractors, consultants and agents for any damage or Claims arising out of the activities contemplated by this Agreement, including but not limited to the construction and installation of the Bridge Housing Site and related improvements.
7. Termination
This MOU may also be terminated in advance of its expiration date if the parties agree in writing.
The MOU may also be terminated if one Party breaches a term of this Agreement, or otherwise fails to perform its material responsibilities under this Agreement, after receiving notice of such #25..
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5 breach or failure from another Party, and the non-performing Party fails to correct the breach within the reasonable cure period stated in the notice (which shall not be less than 14 days).
8. Notices
Any notices required or permitted hereunder shall be in writing and may be personally delivered, or delivered via the U.S. Postal Services, first class postage prepaid, or by a reputable overnight delivery service (such as U.S. Express Mail, Priority Mail, Federal Express, UPS, or DHL), addressed as follows or to such other place as each Party may designate by subsequent written notice to each other:
For the City of Modesto:
Attn: ____________
1010 10th Street
Modesto, CA 95354
For the Stanislaus County:
Attn: ____________
________________
________________
9. Miscellaneous
A. Further Assurances. The Parties shall cooperate with each other and execute such instruments or documents and take such other actions as may reasonably be requested from time to time in order to carry out, evidence or confirm their rights or obligations under this MOU.
B. Modification. No provision of this Agreement shall be amended, modified, or waived other than by an instrument in writing signed by an authorized representative of each Party.
C. Enforceability. This MOU constitutes the legal, valid and binding obligation of each Party, enforceable against such Party, and its successors and assigns, in accordance with its terms, and, once executed and delivered, cannot be invalidated pursuant to any subsequent action of a Party, as applicable.
D. Waivers. A waiver of any breach of any provision of this MOU shall not constitute or operate as a waiver of any other breach of such provision or of any other provisions, nor shall any failure to enforce any provision operate as a waiver of such provision or of any other provisions. No waiver shall be valid unless in writing and signed by the waiving Party.
E. Governing Law. This MOU shall be governed by, and construed in accordance with, the laws of the State of California, excluding choice of law rules. Venue for any dispute arising out of this Agreement shall be in the Superior Court of Stanislaus County. #25..
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6 F. Independent Parties. The Parties to this Agreement shall be independent parties, and no Party shall be an employee of another Party. Except as may be authorized in writing, no Party shall have any authority, express or implied, to act on behalf of or bind another Party in any capacity whatsoever as an agent.
G. Binding Agreement. This MOU is intended to be, and shall be construed to be, binding upon the Parties and all successors and successors-in-interest of each party, including all officers, agents and employees. Notwithstanding the foregoing, BHRS shall not assign its rights or obligations under this MOU without the prior written consent of City.
H. Partial Invalidity. If any one or more of the terms, provisions, covenants or conditions of this MOU is declared invalid, unenforceable, void or voidable, in whole or in part, for any reason by a court of competent jurisdiction and the finding or order or decree of which becomes final, none of the remaining terms, provisions, covenants or conditions of this MOU shall be affected thereby, and each provision of this MOU shall be valid and enforceable to the fullest extent permitted by law.
I. Counterparts. This MOU may be executed in one or more counterparts, each of which shall constitute an original, but all of which together shall constitute one and the same MOU. [Signatures Follow on the Next Page]
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7 County: CITY:
Stanislaus County City of Modesto
By: __________________________ By:
Joseph P. Lopez, City Manager
Title: __________________________
ATTEST:
______________________________
Diane Nayares-Perez, City Clerk
APPROVED AS TO FORM
Jose Sanchez, City Attorney
APPROVED AS TO RISK
MANAGEMENT
Risk Manager
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8 EXHIBIT A
SEP Scope of Work
(Installation of restrooms, showers, and laundry units and associated infrastructure) *Underground work consists of underground potable water and sewer line piping installed from the wet units to the public connections of the site. This includes underground distribution of water and sewer from the point of underground piping to the units containing the restrooms, shower, laundry, and the Will Scott trailer that will contain a staff only restroom.
**There will be a total of five wet units that will require this underground work. One wet unit is a staff only restroom located in a Will Scott trailer, three self-contained units that include a restroom and shower, and one laundry unit. 402 9th Street Project Budget SEP Grant Budget
SITE IMPROVEMENTS
Water Tie-In Location On-Site (Labor) $ 30,000
Sewer Tie-In Location On-Site (Labor) $ 30,000
SUBTOTAL SITE IMPROVEMENTS: $ 60,000
UNDERGROUND WORK*
Potable Water Backflow (Material) $ 30,000
Underground Water Distribution (Labor) $ 40,000
Underground Sewer Distribution (Labor) $ 30,000
SUBTOTAL UNDERGROUND: $ 100,000
MODULAR WET UNIT WITH INSTALLATION
Placement and Assembly of Wet Units on
Site** (Labor) $ 19,000
Connection of the units to the sewer and
water pipe locations (Labor) $ 15,000
5 Restroom/Laundry Units** (Material) $ 131,000
SUBTOTAL MODULAR UNIT PLACEMENT: $ 165,000
TOTAL SEP PROJECT BUDGET: $ 325,000
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9 Exhibit B
Site Plan
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OFFICE OF THE CITY CLERK
NOTICE OF SPECIAL MEETING
Please take notice that a special Closed Session meeting of the Council of the City of Modesto has been called pursuant to Section 2-1.02 of the Modesto Municipal Code to be convened on TUESDAY, SEPTEMBER 10, 2024 AT 4:30 PM
and after the regularly scheduled meeting in the Tenth Street Place, Chambers Conference Room, Basement Level, 1010 Tenth Street, Modesto, California.
Any and all of the following agenda items are subject to action being taken by the Modesto City Council.
The business to be considered at said City Council meeting shall consist of a Closed Session concerning the following:
CLOSED SESSION
CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION
Four Cases (Pursuant to Section 54956.9(d)(1) of the Government Code) Name of Case: City of Modesto, et al. v. The Dow Chemical Company, et al. (PCE)
Superior Court of the State of California
Case No: CGC-98-999345 and CGC-98-999643
City of Camden, et al. v. Tyco Fire Products LP,
U.S. District Court for the District of South Carolina
Case No.: 2:24-cv-02321-RMG
City of Camden, et al. v. BASF Corportation, individually and as successor in interest to Ciba Inc.
U.S. District Court for the District of South Carolina
Case No.: 2:24-cv-03174-RMG
City of Modesto v. Kimberly Soranno
Superior Court of California, County of Stanislaus
Case No.: CV-22-002099
BY ORDER OF THE CHAIR
/S
Diane Nayares-Perez, City Clerk
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Posted pursuant to Government Code Section 54956 on the bulletin board at Tenth Street Place on at by
date time signature
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