Modesto City Council
December 10, 2024

Tuolumne River Regional Park Picnic Area B Renovations
Bid Tabulation November 12, 2024
Project Title: Tuolumne River Regional Park Picnic Area B Renovations Project ID #: 2025-07
Vault ID #: 19-D-0395
Account #: 101432, 101478
Bid Opening: 11/12/2024 at 11:00 AM Designer: Ken Peterson Basis of Award: By Base Bid Design Manager: Ken Peterson Project Description: The project includes installation of a new paved picnic area, site furnishings, irrigation, and landscaping.

Item # Item Description Units Quantity Unit Price Extension Apparent Low Bidder
Sinclair General Engineering Construction, Inc.
(209) 847-6100, Fax (209) 847-6101 P.O. Box 1453 Oakdale CA 95361 Base Bid
1 Mobilization and Demobilization (Max 5% of LS 1 $3,000.00 $3,000.00 Total Base Bid)
2 Water Pollution Control Plan (WPCP) LS 1 $6,586.00 $6,586.00 3 Site Preparations LS 1 $10,040.00 $10,040.00
4 Temporary Fencing LS 1 $8,663.00 $8,663.00
5 Clearing and Grubbing SF 8,420 $0.73 $6,146.60
6 Demolition LS 1 $24,700.00 $24,700.00
7 Earthwork & Grading SF 6,319 $5.16 $32,606.04
8 4" Pedestrian Concrete Pavement SF 3,475 $10.10 $35,097.50 9 5" Vehicular Concrete Pavement SF 2,836 $11.60 $32,897.60 10 Playground Ramp LS 1 $2,156.00 $2,156.00
11 Playground Curb LF 118 $45.00 $5,310.00
12 Organic Mulch CY 5 $196.00 $980.00
13 Picnic Tables EA 12 $1,595.00 $19,140.00
14 ADA Picnic Tables EA 3 $1,667.00 $5,001.00
15 Serving Table EA 1 $2,007.00 $2,007.00
16 Barbecue Grill EA 1 $1,800.00 $1,800.00
17 Trash Receptacles EA 4 $2,100.00 $8,400.00
18 Irrigation LS 1 $28,400.00 $28,400.00
19 Container Planting (Trees) EA 8 $425.00 $3,400.00
20 Soil Preparations and Hydroseed SF 21,812 $0.90 $19,630.80 21 Landscape Establishment and EA 3 $1,426.00 $4,278.00 Maintenance (Monthly)
22 Park Bench EA 2 $2,443.00 $4,886.00
Subtotal: $265,125.54
Bid Alternate 1
101 Clearing and Grubbing SF 20,458 $0.50 $10,229.00
102 4" Pedestrian Concrete Pavement SF 2,293 $15.00 $34,395.00 103 Picnic Tables EA 12 $1,595.00 $19,140.00
104 ADA Picnic Tables EA 2 $2,007.00 $4,014.00
105 Serving Table EA 1 $1,667.00 $1,667.00
106 Barbecue Grill EA 1 $1,800.00 $1,800.00
107 Trash Receptacles EA 4 $2,100.00 $8,400.00
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Tuolumne River Regional Park Picnic Area B Renovations
Item # Item Description Units Quantity Unit Price Extension 108 Soil Preparations and Hydroseed SF -2,293 $0.90 ($2,063.70) Subtotal: $77,581.30
Total: $342,706.84
Percent From Engineer's Estimate: -11.40%
Westside Landscape & Concrete, Inc.
(209) 427-5778 27107 CA-33 Newman CA 95360
Base Bid
1 Mobilization and Demobilization (Max 5% of LS 1 $6,221.00 $6,221.00 Total Base Bid)
2 Water Pollution Control Plan (WPCP) LS 1 $3,846.00 $3,846.00 3 Site Preparations LS 1 $7,698.00 $7,698.00
4 Temporary Fencing LS 1 $4,203.00 $4,203.00
5 Clearing and Grubbing SF 8,420 $0.76 $6,399.20
6 Demolition LS 1 $24,189.28 $24,189.28
7 Earthwork & Grading SF 6,319 $1.54 $9,731.26
8 4" Pedestrian Concrete Pavement SF 3,475 $17.00 $59,075.00 9 5" Vehicular Concrete Pavement SF 2,836 $18.00 $51,048.00 10 Playground Ramp LS 1 $6,354.00 $6,354.00
11 Playground Curb LF 118 $44.57 $5,259.26
12 Organic Mulch CY 5 $321.40 $1,607.00
13 Picnic Tables EA 12 $1,884.16 $22,609.92
14 ADA Picnic Tables EA 3 $2,315.66 $6,946.98
15 Serving Table EA 1 $1,894.00 $1,894.00
16 Barbecue Grill EA 1 $1,932.00 $1,932.00
17 Trash Receptacles EA 4 $2,694.00 $10,776.00
18 Irrigation LS 1 $15,720.00 $15,720.00
19 Container Planting (Trees) EA 8 $294.37 $2,354.96
20 Soil Preparations and Hydroseed SF 21,812 $0.38 $8,288.56 21 Landscape Establishment and EA 3 $4,198.33 $12,594.99 Maintenance (Monthly)
22 Park Bench EA 2 $4,000.00 $8,000.00
Subtotal: $276,748.41
Bid Alternate 1
101 Clearing and Grubbing SF 20,458 $0.76 $15,548.08
102 4" Pedestrian Concrete Pavement SF 2,293 $17.00 $38,981.00 103 Picnic Tables EA 12 $1,884.16 $22,609.92
104 ADA Picnic Tables EA 2 $2,315.66 $4,631.32
105 Serving Table EA 1 $1,894.00 $1,894.00
106 Barbecue Grill EA 1 $1,932.00 $1,932.00
107 Trash Receptacles EA 4 $2,694.00 $10,776.00
108 Soil Preparations and Hydroseed SF -2,293 $0.38 ($871.34) Subtotal: $95,500.98
Total: $372,249.39
Percent From Engineer's Estimate: -3.76%
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Tuolumne River Regional Park Picnic Area B Renovations
Item # Item Description Units Quantity Unit Price Extension Platinum Dirt Worx LLC
(209) 550-1199 P.O. Box 112 Waterford CA 95386
Base Bid
1 Mobilization and Demobilization (Max 5% of LS 1 $12,000.00 $12,000.00 Total Base Bid)
2 Water Pollution Control Plan (WPCP) LS 1 $7,500.00 $7,500.00 3 Site Preparations LS 1 $8,500.00 $8,500.00
4 Temporary Fencing LS 1 $3,000.00 $3,000.00
5 Clearing and Grubbing SF 8,420 $1.53 $12,882.60
6 Demolition LS 1 $20,000.00 $20,000.00
7 Earthwork & Grading SF 6,319 $2.84 $17,945.96
8 4" Pedestrian Concrete Pavement SF 3,475 $13.46 $46,773.50 9 5" Vehicular Concrete Pavement SF 2,836 $18.72 $53,089.92 10 Playground Ramp LS 1 $7,000.00 $7,000.00
11 Playground Curb LF 118 $80.50 $9,499.00
12 Organic Mulch CY 5 $400.00 $2,000.00
13 Picnic Tables EA 12 $1,500.00 $18,000.00
14 ADA Picnic Tables EA 3 $2,000.00 $6,000.00
15 Serving Table EA 1 $2,500.00 $2,500.00
16 Barbecue Grill EA 1 $4,500.00 $4,500.00
17 Trash Receptacles EA 4 $2,375.00 $9,500.00
18 Irrigation LS 1 $29,000.00 $29,000.00
19 Container Planting (Trees) EA 8 $562.50 $4,500.00
20 Soil Preparations and Hydroseed SF 21,812 $0.36 $7,852.32 21 Landscape Establishment and EA 3 $1,833.33 $5,499.99 Maintenance (Monthly)
22 Park Bench EA 2 $2,500.00 $5,000.00
Subtotal: $292,543.29
Bid Alternate 1
101 Clearing and Grubbing SF 20,458 $1.14 $23,322.12
102 4" Pedestrian Concrete Pavement SF 2,293 $11.84 $27,149.12 103 Picnic Tables EA 12 $1,500.00 $18,000.00
104 ADA Picnic Tables EA 2 $1,500.00 $3,000.00
105 Serving Table EA 1 $2,000.00 $2,000.00
106 Barbecue Grill EA 1 $4,500.00 $4,500.00
107 Trash Receptacles EA 4 $2,375.00 $9,500.00
108 Soil Preparations and Hydroseed SF -2,293 $0.87 ($1,994.91) Subtotal: $85,476.33
Total: $378,019.62
Percent From Engineer's Estimate: -2.27%
CLS/Cervantes Landscape Services, Inc.
(209) 277-9861 P.O. Box 321 Patterson CA 95363
Base Bid
1 Mobilization and Demobilization (Max 5% of LS 1 $4,500.00 $4,500.00 Total Base Bid)
2 Water Pollution Control Plan (WPCP) LS 1 $3,500.00 $3,500.00 3 Site Preparations LS 1 $3,000.00 $3,000.00
4 Temporary Fencing LS 1 $5,500.00 $5,500.00
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Tuolumne River Regional Park Picnic Area B Renovations
Item # Item Description Units Quantity Unit Price Extension 5 Clearing and Grubbing SF 8,420 $1.00 $8,420.00
6 Demolition LS 1 $48,000.00 $48,000.00
7 Earthwork & Grading SF 6,319 $1.50 $9,478.50
8 4" Pedestrian Concrete Pavement SF 3,475 $18.00 $62,550.00 9 5" Vehicular Concrete Pavement SF 2,836 $22.00 $62,392.00 10 Playground Ramp LS 1 $4,500.00 $4,500.00
11 Playground Curb LF 118 $40.00 $4,720.00
12 Organic Mulch CY 5 $120.00 $600.00
13 Picnic Tables EA 12 $2,000.00 $24,000.00
14 ADA Picnic Tables EA 3 $2,000.00 $6,000.00
15 Serving Table EA 1 $1,500.00 $1,500.00
16 Barbecue Grill EA 1 $2,000.00 $2,000.00
17 Trash Receptacles EA 4 $1,600.00 $6,400.00
18 Irrigation LS 1 $18,000.00 $18,000.00
19 Container Planting (Trees) EA 8 $450.00 $3,600.00
20 Soil Preparations and Hydroseed SF 21,812 $0.75 $16,359.00 21 Landscape Establishment and EA 3 $850.00 $2,550.00
Maintenance (Monthly)
22 Park Bench EA 2 $1,800.00 $3,600.00
Subtotal: $301,169.50
Bid Alternate 1
101 Clearing and Grubbing SF 20,458 $1.00 $20,458.00
102 4" Pedestrian Concrete Pavement SF 2,293 $20.00 $45,860.00 103 Picnic Tables EA 12 $2,000.00 $24,000.00
104 ADA Picnic Tables EA 2 $2,000.00 $4,000.00
105 Serving Table EA 1 $1,500.00 $1,500.00
106 Barbecue Grill EA 1 $2,000.00 $2,000.00
107 Trash Receptacles EA 4 $1,600.00 $6,400.00
108 Soil Preparations and Hydroseed SF -2,293 $0.75 ($1,719.75) Subtotal: $102,498.25
Total: $403,667.75
Percent From Engineer's Estimate: 4.36%
Frontline General Engineering Construction, Inc.
(510) 954-0739 4448 W. Pine Haven Drive Tracy CA 95304
Base Bid
1 Mobilization and Demobilization (Max 5% of LS 1 $35,273.17 $35,273.17 Total Base Bid)
2 Water Pollution Control Plan (WPCP) LS 1 $2,504.24 $2,504.24 3 Site Preparations LS 1 $3,238.40 $3,238.40
4 Temporary Fencing LS 1 $12,853.38 $12,853.38
5 Clearing and Grubbing SF 8,420 $1.15 $9,683.00
6 Demolition LS 1 $23,243.80 $23,243.80
7 Earthwork & Grading SF 6,319 $3.07 $19,399.33
8 4" Pedestrian Concrete Pavement SF 3,475 $10.61 $36,869.75 9 5" Vehicular Concrete Pavement SF 2,836 $16.43 $46,595.48 10 Playground Ramp LS 1 $2,754.81 $2,754.81
11 Playground Curb LF 118 $111.53 $13,160.54
12 Organic Mulch CY 5 $497.00 $2,485.00
13 Picnic Tables EA 12 $2,058.90 $24,706.80
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Tuolumne River Regional Park Picnic Area B Renovations
Item # Item Description Units Quantity Unit Price Extension 14 ADA Picnic Tables EA 3 $2,311.13 $6,933.39
15 Serving Table EA 1 $3,348.58 $3,348.58
16 Barbecue Grill EA 1 $4,253.38 $4,253.38
17 Trash Receptacles EA 4 $2,034.84 $8,139.36
18 Irrigation LS 1 $27,477.65 $27,477.65
19 Container Planting (Trees) EA 8 $905.49 $7,243.92
20 Soil Preparations and Hydroseed SF 21,812 $1.18 $25,738.16 21 Landscape Establishment and EA 3 $5,409.60 $16,228.80 Maintenance (Monthly)
22 Park Bench EA 2 $2,648.68 $5,297.36
Subtotal: $337,428.30
Bid Alternate 1
101 Clearing and Grubbing SF 20,458 $0.30 $6,137.40
102 4" Pedestrian Concrete Pavement SF 2,293 $12.84 $29,442.12 103 Picnic Tables EA 12 $1,736.90 $20,842.80
104 ADA Picnic Tables EA 2 $1,935.46 $3,870.92
105 Serving Table EA 1 $3,062.37 $3,062.37
106 Barbecue Grill EA 1 $3,287.64 $3,287.64
107 Trash Receptacles EA 4 $2,034.84 $8,139.36
108 Soil Preparations and Hydroseed SF -2,293 $1.18 ($2,705.74) Subtotal: $72,076.87
Total: $409,505.17
Percent From Engineer's Estimate: 5.87%
Anaba Construction Inc
(510) 826-9443 1552 Lenay Court Manteca CA 95337
Base Bid
1 Mobilization and Demobilization (Max 5% of LS 1 $4,300.00 $4,300.00 Total Base Bid)
2 Water Pollution Control Plan (WPCP) LS 1 $6,500.00 $6,500.00 3 Site Preparations LS 1 $3,200.00 $3,200.00
4 Temporary Fencing LS 1 $2,500.00 $2,500.00
5 Clearing and Grubbing SF 8,420 $1.99 $16,755.80
6 Demolition LS 1 $10,724.00 $10,724.00
7 Earthwork & Grading SF 6,319 $1.99 $12,574.81
8 4" Pedestrian Concrete Pavement SF 3,475 $19.50 $67,762.50 9 5" Vehicular Concrete Pavement SF 2,836 $19.50 $55,302.00 10 Playground Ramp LS 1 $4,500.00 $4,500.00
11 Playground Curb LF 118 $70.00 $8,260.00
12 Organic Mulch CY 5 $540.00 $2,700.00
13 Picnic Tables EA 12 $2,900.00 $34,800.00
14 ADA Picnic Tables EA 3 $3,200.00 $9,600.00
15 Serving Table EA 1 $3,400.00 $3,400.00
16 Barbecue Grill EA 1 $1,400.00 $1,400.00
17 Trash Receptacles EA 4 $650.00 $2,600.00
18 Irrigation LS 1 $11,500.00 $11,500.00
19 Container Planting (Trees) EA 8 $430.00 $3,440.00
20 Soil Preparations and Hydroseed SF 21,812 $1.40 $30,536.80 21 Landscape Establishment and EA 3 $2,100.00 $6,300.00 Maintenance (Monthly)
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Tuolumne River Regional Park Picnic Area B Renovations
Item # Item Description Units Quantity Unit Price Extension 22 Park Bench EA 2 $2,590.00 $5,180.00
Subtotal: $303,835.91
Bid Alternate 1
101 Clearing and Grubbing SF 20,458 $1.20 $24,549.60
102 4" Pedestrian Concrete Pavement SF 2,293 $18.40 $42,191.20 103 Picnic Tables EA 12 $2,700.00 $32,400.00
104 ADA Picnic Tables EA 2 $3,100.00 $6,200.00
105 Serving Table EA 1 $2,900.00 $2,900.00
106 Barbecue Grill EA 1 $1,400.00 $1,400.00
107 Trash Receptacles EA 4 $650.00 $2,600.00
108 Soil Preparations and Hydroseed SF -2,293 $1.40 ($3,210.20) Subtotal: $109,030.60
Total: $412,866.51
Percent From Engineer's Estimate: 6.74%
The Design Build, Inc.
(916) 712-1314 1930 Del Paso Road, Suite 121 B Sacramento CA 95834 Base Bid
1 Mobilization and Demobilization (Max 5% of LS 1 $16,300.00 $16,300.00 Total Base Bid)
2 Water Pollution Control Plan (WPCP) LS 1 $10,300.00 $10,300.00 3 Site Preparations LS 1 $9,100.00 $9,100.00
4 Temporary Fencing LS 1 $1,500.00 $1,500.00
5 Clearing and Grubbing SF 8,420 $0.59 $4,967.80
6 Demolition LS 1 $94,841.00 $94,841.00
7 Earthwork & Grading SF 6,319 $1.50 $9,478.50
8 4" Pedestrian Concrete Pavement SF 3,475 $16.00 $55,600.00 9 5" Vehicular Concrete Pavement SF 2,836 $25.00 $70,900.00 10 Playground Ramp LS 1 $1,500.00 $1,500.00
11 Playground Curb LF 118 $43.00 $5,074.00
12 Organic Mulch CY 5 $100.00 $500.00
13 Picnic Tables EA 12 $2,230.00 $26,760.00
14 ADA Picnic Tables EA 3 $2,260.00 $6,780.00
15 Serving Table EA 1 $1,650.00 $1,650.00
16 Barbecue Grill EA 1 $980.00 $980.00
17 Trash Receptacles EA 4 $2,600.00 $10,400.00
18 Irrigation LS 1 $26,595.00 $26,595.00
19 Container Planting (Trees) EA 8 $1,250.00 $10,000.00 20 Soil Preparations and Hydroseed SF 21812 $0.45 $9,815.40 21 Landscape Establishment and EA 3 $2,500.00 $7,500.00 Maintenance (Monthly)
22 Park Bench EA 2 $5,000.00 $10,000.00
Subtotal: $390,541.70
Bid Alternate 1
101 Clearing and Grubbing SF 20,458 $0.75 $15,343.50
102 4" Pedestrian Concrete Pavement SF 2,293 $19.00 $43,567.00 103 Picnic Tables EA 12 $2,280.00 $27,360.00
104 ADA Picnic Tables EA 2 $2,400.00 $4,800.00
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Tuolumne River Regional Park Picnic Area B Renovations
Item # Item Description Units Quantity Unit Price Extension 105 Serving Table EA 1 $1,500.00 $1,500.00
106 Barbecue Grill EA 1 $1,500.00 $1,500.00
107 Trash Receptacles EA 4 $1,260.00 $5,040.00
108 Soil Preparations and Hydroseed SF -2,293 $3.50 ($8,025.50) Subtotal: $91,085.00
Total: $481,626.70
Percent From Engineer's Estimate: 24.52%
Engineer's Estimate
Base Bid
1 Mobilization and Demobilization (Max 5% of LS 1 $9,140.50 $9,140.50 Total Base Bid)
2 Water Pollution Control Plan (WPCP) LS 1 $5,000.00 $5,000.00 3 Site Preparations LS 1 $5,000.00 $5,000.00
4 Temporary Fencing LS 1 $3,500.00 $3,500.00
5 Clearing and Grubbing SF 8,420 $0.50 $4,210.00
6 Demolition LS 1 $10,000.00 $10,000.00
7 Earthwork & Grading SF 6,319 $1.00 $6,319.00
8 4" Pedestrian Concrete Pavement SF 3,475 $15.50 $53,862.50 9 5" Vehicular Concrete Pavement SF 2,836 $18.25 $51,757.00 10 Playground Ramp LS 1 $7,500.00 $7,500.00
11 Playground Curb LF 118 $135.00 $15,930.00
12 Organic Mulch CY 5 $195.00 $975.00
13 Picnic Tables EA 12 $1,900.00 $22,800.00
14 ADA Picnic Tables EA 3 $1,900.00 $5,700.00
15 Serving Table EA 1 $1,500.00 $1,500.00
16 Barbecue Grill EA 1 $1,750.00 $1,750.00
17 Trash Receptacles EA 4 $2,200.00 $8,800.00
18 Irrigation LS 1 $10,000.00 $10,000.00
19 Container Planting (Trees) EA 8 $5,000.00 $40,000.00 20 Soil Preparations and Hydroseed SF 21,812 $1.50 $32,718.00 21 Landscape Establishment and EA 3 $2,500.00 $7,500.00 Maintenance (Monthly)
22 Park Bench EA 2 $1,500.00 $3,000.00
Subtotal: $306,962.00
Bid Alternate 1
101 Clearing and Grubbing SF 20,458 $0.50 $10,229.00
102 4" Pedestrian Concrete Pavement SF 2293 $15.00 $34,395.00 103 Picnic Tables EA ,12 $1,900.00 $22,800.00
104 ADA Picnic Tables EA 2 $1,900.00 $3,800.00
105 Serving Table EA 1 $1,500.00 $1,500.00
106 Barbecue Grill EA 1 $1,750.00 $1,750.00
107 Trash Receptacles EA 4 $2,200.00 $8,800.00
108 Soil Preparations and Hydroseed SF -2,293 $1.50 ($3,439.50) Subtotal: $79,834.50
Total: $386,796.50
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CITY OF MODESTO

COUNCIL AGENDA REPORT
DATE OF MEETING:

December 10, 2024
Date: November 19, 2024
TO: Mayor and City Council
THROUGH: Joseph P. Lopez, City Manager
FROM: Jeremy Rogers, Director of Parks, Recreation and Neighborhoods SUBJECT: Award Construction Contract for the Tuolumne River Regional Park River Pavilion and Learning Theater Project
CONTACT: Nathan Houx, Parks Planning and Development Manager [email protected], 209-571-5526
DESCRIPTION:

Consider approving the Plans and Specifications for Tuolumne River Regional Park River (TRRP) Pavilion and Learning Theater Project, accepting the Bid and Awarding a Construction Contract to Westside Landscape & Concrete, Inc. of Newman, CA., for a total amount not to exceed $597,159. (Funding Source: Various Funds)
STRATEGIC PLAN ELEMENT:

This item is consistent with the following 2020-2025 Strategic Plan Area of Focus: Quality of Life and Governance and Service Delivery.

BACKGROUND:

The California Outdoor Environmental Education Facilities (OEEF) Grant Program is funded by The California Clean Water, Clean Air, Safe Neighborhood Parks, and Coastal Protection Act of 2002 (Proposition 40). OEEF funds were made available on a competitive basis to aid local agencies and community-based organizations with regard to the development of outdoor environmental education facilities.

On August 8, 2017, by Resolution No. 2017-317, Council authorized the submittal of an application in the amount of $500,000 to the OEEF Grant Program for the Tuolumne River Regional Park (TRRP) River Pavilion Project. Subsequently, on October 2, 2018, by Resolution No. 2018-427, Council accepted the OEEF Grant in the amount of $500,000 to fund the construction of the TRRP River Pavilion Project.

The TRRP River Pavilion and Learning Theater project is located in the Legion Park Area of TRRP and will include the design, permitting, bidding and development of a large group picnic pavilion, outdoor learning classroom, river educational and safety signage, and native landscaping adjacent to the existing parking lot along Legion Park Drive. #15..
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City Council, December 10, 2024
Award Construction Contract for the Tuolumne River Regional Park River Pavilion and Learning Theater Project

DISCUSSION:

The project was advertised for bids on PlanetBids on September 23, 2024. Bids were publicly opened on October 15, 2024, pursuant to City Charter Section 1307, and five bids were received, and two bids were deemed non-responsive. Westside Landscape & Concrete, Inc., of Newman, CA., was determined to be the lowest and responsible bidder. The bid tabulation is attached, and a summary of the bids is shown below:

The bid analysis is:

Number of responsive bids received 3
Number of bids within 10% of engineer’s estimate 0
Number of bids above the engineer’s estimate 3
Number of bids below the engineer’s estimate 0
Percent low bid is above the engineer’s estimate 23.8%
Westside Landscape & Concrete, Inc., of Newman, CA., was 23.8% above the engineer’s estimate. The next lowest bid was 40.15% above the engineer’s estimate. The highest responsive bid was 45.08% above the engineer’s estimate. Bidder competition and participation was evident as the City received three responsive bids.

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 TRRP River Pavilion and Learning Theater Project, to Westside Landscape & Concrete, Inc., of Newman, CA., conforms to the Modesto Municipal Code because the City complied with the formal bid procedures and Westside Landscape & Concrete, Inc., was the lowest responsive and responsible bidder.

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 10% for construction contracts up to $10,000,000. Due to budgetary constraints, staff requests the Engineering Services Director’s Authority to issue change orders of 8% ($44,234) 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.

FISCAL IMPACT:

Funding for this project is budgeted in Capital Improvement Project (CIP) account #101135 (TRRP River Pavilion). The project will require a budget adjustment allocating $64,002 of Parks and Air Quality Capital Facilities Fees (CFF) to fully fund the project. The project’s revenue and expense budget shall be as outlined below:
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City Council, December 10, 2024
Award Construction Contract for the Tuolumne River Regional Park River Pavilion and Learning Theater Project

Funding Sources
OEEF Grant $ 500,000
Parks CFF $ 27,500
TRRP CIP Fund $ 107,500
Parks & Air Quality CFF $ 64,002
Project Funding Sources $ 699,002
Project Budget
Construction $ 552,925
Construction Contingency (8%) $ 44,234
Construction Administration – City Staff (8%) $ 44,234
Bid/Design Support During Construction (6%) $ 33,176
Engineering/Design/Admin (previously spent/committed) $ 24,433 Total Estimated Project Cost $ 699,002
COMMITTEE RECOMMENDATION:

This item was reviewed by the Safety and Communities Committee on November 18, 2024, and the Committee recommended forwarding the item to Council for approval.

CEQA/NEPA REQUIREMENTS:

City staff prepared a Finding of Conformance (SCH No. 2014042081), Initial Study Environmental Checklist C&ED No. 2021-02; and Notice of Exemption No. EA/PR&N 2024-06 and the project is categorically exempt from CEQA due to the fact that it is a minor alteration to an existing facility involving a negligible expansion of use beyond the current use.

RECOMMENDED COUNCIL ACTION:

Staff Recommendations:

Resolution approving the Plans and Specifications for the Tuolumne River Regional Park (TRRP) Pavilion and Learning Theater Project, accepting the Bid and Awarding a Construction Contract to Westside Landscape & Concrete, Inc. of Newman, CA., in the amount of $552,925 authorizing $44,234 for contingency (if needed), for a total amount not to exceed $597,159, and authorizing the City Manager, or his designee, to execute the Agreement.

Resolution amending the Fiscal Year 2024-25 Capital Improvement Program budget to fund Project #101135 (TRRP River Pavilion) for a total amount not to exceed $64,002 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.

Approved by:

Jeremy Rogers, Director of Parks, Recreation and
Neighborhoods Manager
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City Council, December 10, 2024
Award Construction Contract for the Tuolumne River Regional Park River Pavilion and Learning Theater Project

Joseph P. Lopez, City Manager
Attachments:

1. Resolutions (2)

2. Construction Contract & Financial Interest Disclosure Form– Westside Landscape & Concrete, Inc.

3. Bid Results
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12/10/2024/PRN/NHoux/Item XX 1 2024-XX

MODESTO CITY COUNCIL
RESOLUTION NO. 2024-

RESOLUTION APPROVING THE PLANS AND SPECIFICATIONS FOR THE

TUOLUMNE RIVER REGIONAL PARK (TRRP) PAVILION & LEARNING

THEATER PROJECT, ACCEPTING THE BID AND AWARDING A

CONSTRUCTION CONTRACT TO WESTSIDE LANDSCAPE & CONCRETE, INC. OF NEWMAN, CA., IN THE AMOUNT OF $552,925 AUTHORIZING $44,234 FOR CONTINGENCY (IF NEEDED), FOR A TOTAL AMOUNT NOT TO EXCEED $597,159, AND AUTHORIZING THE CITY MANAGER, OR HIS

DESIGNEE, TO EXECUTE THE AGREEMENT
WHEREAS, the California Outdoor Environmental Education Facilities (OEEF) Grant Program, funded by The California Clean Water, Clean Air, Safe Neighborhood Parks, and Coastal Protection Act of 2002 (Proposition 40), made grant funds available on a competitive basis to aid local agencies and community-based organizations with regard to the development of outdoor environmental education facilities, and WHEREAS, on August 8, 2017, by Resolution No. 2017-317 Council authorized the submittal of an application in the amount of $500,000 to the OEEF Grant Program for the Tuolumne River Regional Park (TRRP) River Pavilion Project and subsequently, on October 2, 2018, by Resolution No. 2018-427, Council accepted the OEEF Grant in the amount of $500,000 to fund the construction of the TRRP River Pavilion Project, and WHEREAS, the TRRP River Pavilion & Learning Theater project is located in the Legion Park Area of TRRP and will include the design, permitting, bidding and development of a large group picnic pavilion, outdoor learning classroom, river educational and safety signage, and native landscaping adjacent to the existing parking lot along Legion Park Drive, and
WHEREAS, the project was advertised for bids on September 23, 2024, and WHEREAS, bids were publicly opened on October 15, 2024, pursuant to City #15..
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12/10/2024/PRN/NHoux/Item XX 2 2024-XX
Charter Section 1307, and five bids were received, and two bids were deemed nonresponsive, and WHEREAS, Westside Landscape & Concrete, Inc. of Newman, 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 Tuolumne River Regional Park River Pavilion & Learning Theater Project, to Westside Landscape & Concrete, Inc., of Newman, CA, conforms to Modesto Municipal Code, 8-3.203, and WHEREAS, staff recommends awarding the contract to Westside Landscape & Concrete, Inc., of Newman, CA.

NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Modesto that it hereby approves the plans and specifications for the Tuolumne River Regional Park River Pavilion & Learning Theater Project, accepts the Bid and awards a construction contract to Westside Landscape & Concrete, Inc., of Newman, CA, in the amount of $552,925 plus $44,234 in contingency (if needed), for a total amount not to exceed $597,159.

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. #15..
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12/03/2024/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 3rd day of December 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
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12/10/2024/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 #101135 (TRRP RIVER PAVILION) FOR A TOTAL AMOUNT NOT TO EXCEED $64,002 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 develop the Tuolumne River Regional Park River Pavilion & Learning Theater, and
WHEREAS, Parks & Air Quality Capital Facility Fund (CFF) funding of $64,002 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 101135 – TRRP River Pavilion, in a total amount of $64,002 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 101135 (TRRP River Pavilion) in an amount not to exceed $64,002 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. #15..
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12/03/2024/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 3rd day of December 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
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Bid Tabulation Tuesday, October 29, 2024
Project Title: River Pavilion & Learning Theater
Project ID #: 2025-06
Fund #: 101135
Vault ID #: 19-D-0394
Bid Opening: 10/15/2024 at 11:00 AM
Basis of Award: By Blind Bid Designer: City of Modesto
Design Manager: Ken Peterson
Project Description: The construction of the project includes installation of a covered picnic pavilion, an outdoor classroom learning theater space, concrete pathways, lighting, irrigation, and native landscaping.

Item # Item Description Units Quantity Unit Price Extension Low Bidder
Westside Landscape & Concrete, Inc.
(209) 427-5778 27107 CA-33, Newman, CA 95360
Base Bid
1 Mobilization and Demobilization LS 1 $8,719.00 $8,719.00 (Max 5% of Total Base Bid)
2 Site Preparation LS 1 $13,341.00 $13,341.00
3 Erosion Control LS 1 $5,426.00 $5,426.00
4 Temporary Fencing LS 1 $9,553.00 $9,553.00
5 Clearing and Grubbing LS 1 $16,763.00 $16,763.00
6 Demolition LS 1 $22,520.00 $22,520.00
7 Earthwork and Grading LS 1 $20,647.00 $20,647.00
8 4” Pedestrian Concrete Pavement SF 3285 $16.04 $52,691.40 9 5” Vehicular Concrete Pavement SF 2944 $18.56 $54,640.64 10 6” Vertical Concrete Curb LF 22 $108.00 $2,376.00
11 ADA Ramp EA 1 $5,200.00 $5,200.00
12 Learning Theater Seating Units EA 25 $1,817.57 $45,439.25 13 Information Kiosk EA 1 $8,380.00 $8,380.00
14 Striping and Signage (ADA) LS 1 $2,771.00 $2,771.00
15 Picnic Table EA 7 $1,935.14 $13,545.98
16 ADA Picnic Table EA 2 $2,039.28 $4,078.56
17 Service Table EA 1 $2,868.63 $2,868.63
18 Barbeque Grill EA 1 $2,534.52 $2,534.52
19 Trash Receptacles EA 3 $3,519.84 $10,559.52
20 Irrigation System LS 1 $21,414.00 $21,414.00
21 Tree and Shrub Landscaping LS 1 $14,428.00 $14,428.00 22 Hydroseeding SF 3030 $1.50 $4,545.00
23 Landscape Establishment and Maintenance EA 1 $4,483.00 $4,483.00 Period (Monthly)
Subtotal: $346,924.50
Bid Alternate 3
301 Shade Structure LS 1 $206,000.00 $206,000.00
Subtotal: $206,000.00
Total: $552,924.50
Percent From Engineer's Estimate: 23.80%
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Frontline General Engineering Construction, Inc.
(510) 954-0739 4448 W. Pine Haven Drive, Tracy, CA 95304 Base Bid
1 Mobilization and Demobilization LS 1 $16,754.22 $16,754.22 (Max 5% of Total Base Bid)
2 Site Preparation LS 1 $3,634.97 $3,634.97
3 Erosion Control LS 1 $14,106.98 $14,106.98
4 Temporary Fencing LS 1 $7,557.19 $7,557.19
5 Clearing and Grubbing LS 1 $14,294.52 $14,294.52
6 Demolition LS 1 $22,986.04 $22,986.04
7 Earthwork and Grading LS 1 $45,389.83 $45,389.83
8 4” Pedestrian Concrete Pavement SF 3285 $15.24 $50,063.40 9 5” Vehicular Concrete Pavement SF 2944 $15.74 $46,338.56 10 6” Vertical Concrete Curb LF 22 $269.15 $5,921.30
11 ADA Ramp EA 1 $2,830.11 $2,830.11
12 Learning Theater Seating Units EA 25 $2,165.90 $54,147.50 13 Information Kiosk EA 1 $23,981.21 $23,981.21
14 Striping and Signage (ADA) LS 1 $4,203.42 $4,203.42
15 Picnic Table EA 7 $2,457.01 $17,199.07
16 ADA Picnic Table EA 2 $2,899.99 $5,799.98
17 Service Table EA 1 $4,288.80 $4,288.80
18 Barbeque Grill EA 1 $3,410.47 $3,410.47
19 Trash Receptacles EA 3 $2,572.76 $7,718.28
20 Irrigation System LS 1 $36,681.39 $36,681.39
21 Tree and Shrub Landscaping LS 1 $14,802.28 $14,802.28 22 Hydroseeding SF 3030 $2.87 $8,696.10
23 Landscape Establishment and Maintenance EA 1 $8,053.18 $8,053.18 Period (Monthly)
Subtotal: $418,858.80
Bid Alternate 3
301 Shade Structure LS 1 $207,123.01 $207,123.01
Subtotal: $207,123.01
Total: $625,981.81
Percent From Engineer's Estimate: 40.15%
Joe's Landscaping & Concrete
(408) 767-1949 P.O. Box 883, Newman, CA 95360
Base Bid
1 Mobilization and Demobilization LS 1 $20,000.00 $20,000.00 (Max 5% of Total Base Bid)
2 Site Preparation LS 1 $13,500.00 $13,500.00
3 Erosion Control LS 1 $6,400.00 $6,400.00
4 Temporary Fencing LS 1 $7,200.00 $7,200.00
5 Clearing and Grubbing LS 1 $7,132.00 $7,132.00
6 Demolition LS 1 $13,330.00 $13,330.00
7 Earthwork and Grading LS 1 $13,500.00 $13,500.00
8 4” Pedestrian Concrete Pavement SF 3285 $26.00 $85,410.00 9 5” Vehicular Concrete Pavement SF 2944 $29.00 $85,376.00 10 6” Vertical Concrete Curb LF 22 $135.00 $2,970.00
11 ADA Ramp EA 1 $9,500.00 $9,500.00
12 Learning Theater Seating Units EA 25 $3,000.00 $75,000.00 #15..
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13 Information Kiosk EA 1 $12,500.00 $12,500.00
14 Striping and Signage (ADA) LS 1 $2,750.00 $2,750.00
15 Picnic Table EA 7 $3,000.00 $21,000.00
16 ADA Picnic Table EA 2 $3,750.00 $7,500.00
17 Service Table EA 1 $885.00 $885.00
18 Barbeque Grill EA 1 $2,800.00 $2,800.00
19 Trash Receptacles EA 3 $2,500.00 $7,500.00
20 Irrigation System LS 1 $12,500.00 $12,500.00
21 Tree and Shrub Landscaping LS 1 $6,105.00 $6,105.00
22 Hydroseeding SF 3030 $1.00 $3,030.00
23 Landscape Establishment and Maintenance EA 1 $3,200.00 $3,200.00 Period (Monthly)
Subtotal: $419,088.00
Bid Alternate 3
301 Shade Structure LS 1 $228,900.00 $228,900.00
Subtotal: $228,900.00
Total: $647,988.00
Percent From Engineer's Estimate: 45.08%
Anaba Construction (The determination of a non-responsive bid is made by City) (510) 826-9443 1552 Lenay Ct., Manteca, CA 95337
Base Bid
1 Mobilization and Demobilization LS 1 $19,000.00 $19,000.00 (Max 5% of Total Base Bid)
2 Site Preparation LS 1 $11,700.00 $11,700.00
3 Erosion Control LS 1 $4,043.00 $4,043.00
4 Temporary Fencing LS 1 $4,600.00 $4,600.00
5 Clearing and Grubbing LS 1 $8,400.00 $8,400.00
6 Demolition LS 1 $6,000.00 $6,000.00
7 Earthwork and Grading LS 1 $15,000.00 $15,000.00
8 4” Pedestrian Concrete Pavement SF 3285 $32.00 $105,120.00 9 5” Vehicular Concrete Pavement SF 2944 $32.00 $94,208.00 10 6” Vertical Concrete Curb LF 22 $250.00 $5,500.00
11 ADA Ramp EA 1 $9,500.00 $9,500.00
12 Learning Theater Seating Units EA 25 $850.00 $21,250.00 13 Information Kiosk EA 1 $1,200.00 $1,200.00
14 Striping and Signage (ADA) LS 1 $3,200.00 $3,200.00
15 Picnic Table EA 7 $3,900.00 $27,300.00
16 ADA Picnic Table EA 2 $3,900.00 $7,800.00
17 Service Table EA 1 $4,890.00 $4,890.00
18 Barbeque Grill EA 1 $1,900.00 $1,900.00
19 Trash Receptacles EA 3 $890.00 $2,670.00
20 Irrigation System LS 1 $34,500.00 $34,500.00
21 Tree and Shrub Landscaping LS 1 $45,300.00 $45,300.00 22 Hydroseeding SF 3030 $4.00 $12,120.00
23 Landscape Establishment and Maintenance EA 1 $4,300.00 $4,300.00 Period (Monthly)
Subtotal: $449,501.00
Bid Alternate 3
301 Shade Structure LS 1 $221,000.00 $221,000.00
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Subtotal: $221,000.00
Total: $670,501.00
Percent From Engineer's Estimate: 50.12%
Steel Concrete (The determination of a non-responsive bid is made by City) (916) 790-7206, [email protected], Sacramento CA Base Bid
1 Mobilization and Demobilization LS 1 $123,600.00 $123,600.00 (Max 5% of Total Base Bid)
2 Site Preparation LS 1 $0.00 $0.00
3 Erosion Control LS 1 $0.00 $0.00
4 Temporary Fencing LS 1 $0.00 $0.00
5 Clearing and Grubbing LS 1 $0.00 $0.00
6 Demolition LS 1 $0.00 $0.00
7 Earthwork and Grading LS 1 $0.00 $0.00
8 4” Pedestrian Concrete Pavement SF 3285 $0.00 $0.00
9 5” Vehicular Concrete Pavement SF 2944 $0.00 $0.00
10 6” Vertical Concrete Curb LF 22 $0.00 $0.00
11 ADA Ramp EA 1 $0.00 $0.00
12 Learning Theater Seating Units EA 25 $0.00 $0.00
13 Information Kiosk EA 1 $0.00 $0.00
14 Striping and Signage (ADA) LS 1 $0.00 $0.00
15 Picnic Table EA 7 $0.00 $0.00
16 ADA Picnic Table EA 2 $0.00 $0.00
17 Service Table EA 1 $0.00 $0.00
18 Barbeque Grill EA 1 $0.00 $0.00
19 Trash Receptacles EA 3 $0.00 $0.00
20 Irrigation System LS 1 $0.00 $0.00
21 Tree and Shrub Landscaping LS 1 $0.00 $0.00
22 Hydroseeding SF 3030 $0.00 $0.00
23 Landscape Establishment and Maintenance EA 1 $0.00 $0.00 Period (Monthly)
Subtotal: $123,600.00
Bid Alternate 3
301 Shade Structure LS 1 $0.00 $0.00
Subtotal: $0.00
Total: $123,600.00
Percent From Engineer's Estimate: -72.33%
Engineer's Estimate
Base Bid
1 Mobilization and Demobilization LS 1 $12,673.13 $12,673.13 (Max 5% of Total Base Bid)
2 Site Preparation LS 1 $5,000.00 $5,000.00
3 Erosion Control LS 1 $7,500.00 $7,500.00
4 Temporary Fencing LS 1 $6,000.00 $6,000.00
5 Clearing and Grubbing LS 1 $4,132.00 $4,132.00
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6 Demolition LS 1 $10,000.00 $10,000.00
7 Earthwork and Grading LS 1 $8,264.00 $8,264.00
8 4” Pedestrian Concrete Pavement SF 3285 $13.50 $44,347.50 9 5” Vehicular Concrete Pavement SF 2944 $16.00 $47,104.00 10 6” Vertical Concrete Curb LF 22 $75.00 $1,650.00
11 ADA Ramp EA 1 $7,500.00 $7,500.00
12 Learning Theater Seating Units EA 25 $2,500.00 $62,500.00 13 Information Kiosk EA 1 $16,800.00 $16,800.00
14 Striping and Signage (ADA) LS 1 $1,500.00 $1,500.00
15 Picnic Table EA 7 $1,900.00 $13,300.00
16 ADA Picnic Table EA 2 $1,900.00 $3,800.00
17 Service Table EA 1 $1,500.00 $1,500.00
18 Barbeque Grill EA 1 $1,750.00 $1,750.00
19 Trash Receptacles EA 3 $1,600.00 $4,800.00
20 Irrigation System LS 1 $10,000.00 $10,000.00
21 Tree and Shrub Landscaping LS 1 $5,000.00 $5,000.00
22 Hydroseeding SF 3030 $0.50 $1,515.00
23 Landscape Establishment and Maintenance EA 1 $2,000.00 $2,000.00 Period (Monthly)
Subtotal: $278,635.63
Bid Alternate 3
301 Shade Structure LS 1 $168,000.00 $168,000.00
Subtotal: $168,000.00
Total: $446,635.63
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CITY OF MODESTO

COUNCIL AGENDA REPORT
DATE OF MEETING:

December 10, 2024
Date: November 19, 2024
TO: Mayor and City Council
THROUGH: Joseph P. Lopez, City Manager
FROM: Jeremy Rogers, Director of Parks, Recreation and Neighborhoods SUBJECT: Award Construction Contract for The Awesome Spot Playground, Phase 1A CONTACT: Nathan Houx, Parks Planning and Development Manager, [email protected], 209-571-5526
DESCRIPTION:

Consider approving the Plans and Specifications for The Awesome Spot Playground, Phase 1A, accepting the Bid and Awarding a Construction Contract to Westside Landscape & Concrete, Inc. of Newman, CA., for a total amount not to exceed $812,755. (Funding Source: Various Funds)
STRATEGIC PLAN ELEMENT:

This item is consistent with the following 2020-2025 Strategic Plan Area of Focus: Quality of Life and Governance and Service Delivery.

BACKGROUND:

In 2015, the community rallied together in support of designing an all-inclusive playground at Beyer Park. The desire was to build a playground that would be the first of its kind in the region, providing accessibility to people of all ages with a wide range of physical abilities to be able to play together side-by-side.

Since that time, the project has been officially titled “The Awesome Spot Playground” (TASP) and construction documents were completed with the help of local design professionals. On July 14, 2022, the TASP team held a groundbreaking event for Phase 1 of construction.

TASP team asked the City of Modesto to purchase play equipment elements for Phase 1 of the playground. On September 27, 2022, by Resolution No. 2022-397, and on July 11, 2023, by Resolution No. 2023-350, Council approved the purchases of various playground equipment for TASP with American Rescue Plan Act (ARPA) funds.

During the 2022-2023 State of California budget process, the City of Modesto requested that our state lobbyist discuss TASP with State legislators with the goal of obtaining funding for construction of the project. During the State of California Budget Act of 2023, the State approved a line item in the budget to allocate $400,000 to the City of Modesto for TASP and on #16..
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City Council, December 10, 2024
Award Construction Contract for The Awesome Spot Playground, Phase 1A

February 6, 2024, by Resolution No. 2024-043, Council approved the application and accepted the specified grant funds from the Budget Act of 2023.

To further assist with the efforts of TASP, on June 4, 2024, by Resolution No. 2024-194, Council approved additional ARPA funding to TASP for Phase 1A in the amount of $600,000.

DISCUSSION:

The project was advertised for bids on October 7, 2024. Bids were publicly opened on October 22, 2024, pursuant to City Charter Section 1307, and five bids were received, and one bid was deemed non-responsive. Westside Landscape & Concrete, Inc., of Newman, 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 responsive bids received 4
Number of bids within 10% of engineer’s estimate 2
Number of bids above the engineer’s estimate 2
Number of bids below the engineer’s estimate 2
Percent low bid is below the engineer’s estimate -13.62% Westside Landscape & Concrete, Inc., of Newman, CA., was 13.62% below the engineer’s estimate. The next lowest bid was 0.12% below the engineer’s estimate. The highest bid was

37.42% above the engineer’s estimate. Bidder competition and participation was evident as the City received four responsive bids.

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 Awesome Spot Playground, Phase 1A, to Westside Landscape & Concrete, Inc., of Newman, CA., conforms to the Modesto Municipal Code because the City complied with the formal bid procedures and Westside Landscape & Concrete, Inc., was the lowest responsive and responsible bidder.

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 10% for construction contracts up to $10,000,000. Staff is requesting the Engineering Services Director’s Authority to issue change orders of 10% ($73,887) 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. #16..
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City Council, December 10, 2024
Award Construction Contract for The Awesome Spot Playground, Phase 1A

FISCAL IMPACT:

Funding for this project is budgeted in Capital Improvement Program (CIP) account #100984 (Awesome Spot Playground). The project’s revenue and expense budget shall be as outlined below:

Funding Sources
Budget Act of 2023 Specified Grant $ 400,000
Parks Fund $ 107,000
Miscellaneous Public Donations $ 8,250
General Funds Savings $ 77,763
ARPA Funding $ 1,100,000
Total Cost $ 1,693,013
Project Budget
Construction $ 738,868
Construction Contingency (10%) $ 73,887
Construction Administration – City Staff (20%) $ 147,774 Bid/Design Support During Construction (8%) $ 61,709
Construction (previously spent/committed) $ 652,333
Engineering/Design/Admin (previously spent/committed) $ 18,442 Total Cost $ 1,693,013
COMMITTEE RECOMMENDATION:

This item was reviewed by the Safety and Communities Committee on November 18, 2024, and the Committee recommended forwarding the item to Council for approval.

CEQA/NEPA REQUIREMENTS:

City staff prepared a Notice of Exemption No. EA/PR&N 2022-01 and determined the project is categorically exempt from CEQA due to the fact that it is a replacement of an existing facility which has substantially the same purpose, is located at the same site.

RECOMMENDED COUNCIL ACTION:

Staff Recommendations:

Resolution approving the Plans and Specifications for The Awesome Spot Playground, Phase 1A, accepting the Bid and Awarding a Construction Contract to Westside Landscape & Concrete, Inc. of Newman, CA., in the amount of $738,868 authorizing $73,887 for contingency (if needed), for a total amount not to exceed $812,755 and authorizing the City Manager, or his designee, to execute the Agreement.

Approved by:

Jeremy Rogers, Director of Parks, Recreation and
Neighborhoods
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City Council, December 10, 2024
Award Construction Contract for The Awesome Spot Playground, Phase 1A

Joseph P. Lopez, City Manager
Attachments:

1. Resolution

2. Construction Contract & Financial Interest Disclosure Form – Westside Landscape & Concrete, Inc.

3. Bid Results
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12/10/2024/PRN/NHoux/Item XX 1 2024-XX

MODESTO CITY COUNCIL
RESOLUTION NO. 2024-

RESOLUTION APPROVING THE PLANS AND SPECIFICATIONS FOR THE AWESOME SPOT PLAYGROUND, PHASE 1A, ACCEPTING THE BID AND

AWARDING A CONSTRUCTION CONTRACT TO WESTSIDE LANDSCAPE & CONCRETE, INC. OF NEWMAN, CA., IN THE AMOUNT OF $738,868 AUTHORIZING $73,887 FOR CONTINGENCY (IF NEEDED), FOR A TOTAL AMOUNT NOT TO EXCEED $812,755 AND AUTHORIZING THE CITY

MANAGER, OR HIS DESIGNEE, TO EXECUTE THE AGREEMENT
WHEREAS, in 2015, the community rallied together in support of designing an all-inclusive playground at Beyer Park with the desire to build a playground that would be the first of its kind in the region, providing accessibility to people of all ages with a wide range of physical abilities to be able to play together side-by-side, and WHEREAS, the project has been officially titled “The Awesome Spot Playground” (TASP) and construction documents were completed with the help of local design professionals, with a groundbreaking event for Phase 1 of construction held on July 14, 2022, and
WHEREAS, TASP team asked the City of Modesto to purchase play equipment elements for Phase 1 of the playground and on September 27, 2022, by Resolution No. 2022-397, and on July 11, 2023, by Resolution No. 2023-350, Council approved the purchases of various playground equipment for TASP with American Rescue Plan Act (ARPA) funds, and
WHEREAS, on February 6, 2024, by Resolution No. 2024-043, Council approved the application and accepted the specified grant funds for The Awesome Spot Playground from the State of California Budget Act of 2023, in the amount of $400,000, and WHEREAS, to further assist with the efforts of TASP, on June 4, 2024, by Resolution No. 2024-194, Council approved additional ARPA funding to TASP for #16..
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12/10/2024/PRN/NHoux/Item XX 2 2024-XX
Phase 1A in the amount of $600,000, and
WHEREAS, the project was advertised for bids on October 7, 2024, and WHEREAS, bids were publicly opened on October 22, 2024, pursuant to City Charter Section 1307, and five bids were received and one bid was deemed nonresponsive, and WHEREAS, Westside Landscape & Concrete, Inc. of Newman, 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 Awesome Spot Playground, Phase 1A, to Westside Landscape & Concrete, Inc., of Newman, CA, conforms to Modesto Municipal Code, 8-3.203, and
WHEREAS, staff recommends awarding the contract to Westside Landscape & Concrete, Inc., of Newman, CA.

NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Modesto that it hereby approves the plans and specifications for The Awesome Spot Playground, Phase 1A, accepts the Bid and awards a construction contract to Westside Landscape & Concrete, Inc., of Newman, CA, in the amount of $738,868 plus $73,887 in contingency (if needed), for a total amount not to exceed $812,755.

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. #16..
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The foregoing resolution was introduced at a regular meeting of the Council of the City of Modesto held on the 3rd day of December 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
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Bid Tabulation Wednesday, October 23, 2024
Project Title: The Awesome Spot Playground Phase 1
Project ID #: 2025-10
Fund #: 100984
Vault ID #: 19-D-0396
Bid Opening: 10/22/2024 at 11:00 AM
Basis of Award: By Base Bid Designer: Westwood Professional Services Design Manager: Jason Ortega
Project Description: Installation of decorative fencing and gates, concrete mowbands, concrete walkways, concrete stairs, picnic tables, water fountain, and sport field netting.

Item # Item Description Units Quantity Unit Price Extension Apparent Low Bidder
Westside Landscape & Concrete, Inc.
(209) 427-5778 27107 CA-33, Newman, CA 95360
Base Bid
1 Water Pollution Control Plan (WPCP) LS 1 $15,456.09 $15,456.09 2 Clearing and Grubbing LS 1 $15,801.00 $15,801.00
3 Earthwork and Grading LS 1 $35,792.68 $35,792.68
4 Irrigation Sleeves LF 250 $43.14 $10,785.00
5 Concrete Mow Curb (9" Width) LF 218 $101.10 $22,039.80 6 4" Concrete Flatwork - Natural SF 3448 $17.00 $58,616.00 7 4" Concrete Flatwork - Harvest Gold SF 2147 $17.00 $36,499.00 8 4" Concrete Flatwork - Adobe SF 1100 $17.00 $18,700.00 9 6" Concrete Flatwork - Natural SF 1515 $20.00 $30,300.00 10 6" Concrete Flatwork - Natural (Maintenance SF 4477 $20.00 $89,540.00 Pathway)
11 Stairs with Handrails LS 1 $16,379.43 $16,379.43
12 Concrete Steps at Rubber Surfacing LF 44 $420.00 $18,480.00 13 Monolithic Play Edge LF 176 $145.71 $25,644.96
Subtotal: $394,033.96
Percent From Engineer's Estimate: -13.62%
Bid Alternate 1
101 Sport Field Netting LS 1 $18,500.00 $18,500.00
102 30' Tall Pole EA 5 $10,500.00 $52,500.00
103 Savanna Safari Fencing LF 209 $74.16 $15,499.44
104 Drinking Fountain EA 1 $13,000.00 $13,000.00
Subtotal: $99,499.44
Bid Alternate 2
201 4' Montage II Gate LS 1 $12,363.75 $12,363.75
202 4' Montage II Double Swing Gate LS 1 $15,000.00 $15,000.00 203 4' Montage II Fence LF 902 $152.56 $137,609.12
204 Concrete Mow Curb (12" Width) at 4' LF 902 $57.66 $52,009.32 Montage II Fence
Subtotal: $216,982.19
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Bid Alternate 3
301 Trash / Recycling Receptables EA 6 $2,781.50 $16,689.00 302 Picnic Tables EA 1 $3,170.00 $3,170.00
303 ADA Picnic Tables EA 3 $2,831.00 $8,493.00
Subtotal: $28,352.00
Total: $738,867.59
Construction Contingency - 10 % $73,886.76
Joe's Landscaping & Concrete
(408) 767-1949 P.O. Box 883, Newman, CA, 95360
Base Bid
1 Water Pollution Control Plan (WPCP) LS 1 $7,400.00 $7,400.00 2 Clearing and Grubbing LS 1 $8,753.50 $8,753.50
3 Earthwork and Grading LS 1 $18,555.50 $18,555.50
4 Irrigation Sleeves LF 250 $45.00 $11,250.00
5 Concrete Mow Curb (9" Width) LF 218 $135.00 $29,430.00 6 4" Concrete Flatwork - Natural SF 3448 $25.00 $86,200.00 7 4" Concrete Flatwork - Harvest Gold SF 2147 $25.00 $53,675.00 8 4" Concrete Flatwork - Adobe SF 1100 $25.00 $27,500.00 9 6" Concrete Flatwork - Natural SF 1515 $26.00 $39,390.00 10 6" Concrete Flatwork - Natural (Maintenance SF 4477 $26.00 $116,402.00 Pathway)
11 Stairs with Handrails LS 1 $24,500.00 $24,500.00
12 Concrete Steps at Rubber Surfacing LF 44 $300.00 $13,200.00 13 Monolithic Play Edge LF 176 $110.00 $19,360.00
Subtotal: $455,616.00
Percent From Engineer's Estimate: -0.12%
Bid Alternate 1
101 Sport Field Netting LS 1 $22,561.00 $22,561.00
102 30' Tall Pole EA 5 $12,228.40 $61,142.00
103 Savanna Safari Fencing LF 209 $100.00 $20,900.00
104 Drinking Fountain EA 1 $15,222.82 $15,222.82
Subtotal: $119,825.82
Bid Alternate 2
201 4' Montage II Gate LS 1 $5,100.00 $5,100.00
202 4' Montage II Double Swing Gate LS 1 $7,500.00 $7,500.00 203 4' Montage II Fence LF 902 $149.66 $134,993.32
204 Concrete Mow Curb (12" Width) at 4' LF 902 $115.00 $103,730.00 Montage II Fence
Subtotal: $251,323.32
Bid Alternate 3
301 Trash / Recycling Receptables EA 6 $3,260.86 $19,565.16 302 Picnic Tables EA 1 $3,500.00 $3,500.00
303 ADA Picnic Tables EA 3 $3,700.00 $11,100.00
Subtotal: $34,165.16
Total: $860,930.30
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Anaba Construction (The determination of a non-responsive bid is made by City) (510) 826-9443 1552 Lenay Ct., Manteca, CA 95337
Base Bid
1 Water Pollution Control Plan (WPCP) LS 1 $6,500.00 $6,500.00 2 Clearing and Grubbing LS 1 $13,000.00 $13,000.00
3 Earthwork and Grading LS 1 $20,500.00 $20,500.00
4 Irrigation Sleeves LF 250 $45.00 $11,250.00
5 Concrete Mow Curb (9" Width) LF 218 $91.00 $19,838.00 6 4" Concrete Flatwork - Natural SF 3448 $25.00 $86,200.00 7 4" Concrete Flatwork - Harvest Gold SF 2147 $25.00 $53,675.00 8 4" Concrete Flatwork - Adobe SF 1100 $25.00 $27,500.00 9 6" Concrete Flatwork - Natural SF 1515 $25.00 $37,875.00 10 6" Concrete Flatwork - Natural (Maintenance SF 4477 $25.00 $111,925.00 Pathway)
11 Stairs with Handrails LS 1 $30,000.00 $30,000.00
12 Concrete Steps at Rubber Surfacing LF 44 $454.55 $20,000.20 13 Monolithic Play Edge LF 176 $210.00 $36,960.00
Subtotal: $475,223.20
Percent From Engineer's Estimate: 4.18%
Bid Alternate 1
101 Sport Field Netting LS 1 $24,500.00 $24,500.00
102 30' Tall Pole EA 5 $9,500.00 $47,500.00
103 Savanna Safari Fencing LF 209 $175.00 $36,575.00
104 Drinking Fountain EA 1 $6,500.00 $6,500.00
Subtotal: $115,075.00
Bid Alternate 2
201 4' Montage II Gate LS 1 $6,900.00 $6,900.00
202 4' Montage II Double Swing Gate LS 1 $8,900.00 $8,900.00 203 4' Montage II Fence LF 902 $120.00 $108,240.00
204 Concrete Mow Curb (12" Width) at 4' LF 902 $110.00 $99,220.00 Montage II Fence
Subtotal: $223,260.00
Bid Alternate 3
301 Trash / Recycling Receptables EA 6 $2,500.00 $15,000.00 302 Picnic Tables EA 1 $4,500.00 $4,500.00
303 ADA Picnic Tables EA 3 $5,400.00 $16,200.00
Subtotal: $35,700.00
Total: $849,258.20
Frontline General Engineering Construction, Inc.
(510) 954-0739 4448 W. Pine Haven Drive, Tracy, CA 95304 Base Bid
1 Water Pollution Control Plan (WPCP) LS 1 $18,661.37 $18,661.37 2 Clearing and Grubbing LS 1 $41,909.51 $41,909.51
3 Earthwork and Grading LS 1 $55,534.34 $55,534.34
4 Irrigation Sleeves LF 250 $67.14 $16,785.00
5 Concrete Mow Curb (9" Width) LF 218 $170.33 $37,131.94 6 4" Concrete Flatwork - Natural SF 3448 $15.80 $54,478.40 7 4" Concrete Flatwork - Harvest Gold SF 2147 $19.11 $41,029.17 8 4" Concrete Flatwork - Adobe SF 1100 $26.98 $29,678.00 9 6" Concrete Flatwork - Natural SF 1515 $25.83 $39,132.45 #16..
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10 6" Concrete Flatwork - Natural (Maintenance SF 4477 $16.88 $75,571.76 Pathway)
11 Stairs with Handrails LS 1 $36,713.60 $36,713.60
12 Concrete Steps at Rubber Surfacing LF 44 $229.55 $10,100.20 13 Monolithic Play Edge LF 176 $157.55 $27,728.80
Subtotal: $484,454.54
Percent From Engineer's Estimate: 6.20%
Bid Alternate 1
101 Sport Field Netting LS 1 $27,357.48 $27,357.48
102 30' Tall Pole EA 5 $15,185.99 $75,929.95
103 Savanna Safari Fencing LF 209 $220.20 $46,021.80
104 Drinking Fountain EA 1 $16,663.03 $16,663.03
Subtotal: $165,972.26
Bid Alternate 2
201 4' Montage II Gate LS 1 $5,103.14 $5,103.14
202 4' Montage II Double Swing Gate LS 1 $7,300.94 $7,300.94 203 4' Montage II Fence LF 902 $188.21 $169,765.42
204 Concrete Mow Curb (12" Width) at 4' LF 902 $33.25 $29,991.50 Montage II Fence
Subtotal: $212,161.00
Bid Alternate 3
301 Trash / Recycling Receptables EA 6 $3,669.66 $22,017.96 302 Picnic Tables EA 1 $3,899.77 $3,899.77
303 ADA Picnic Tables EA 3 $2,700.29 $8,100.87
Subtotal: $34,018.60
Total: $896,606.40
JPB Designs, Inc.
(916) 549-6259 6021 Keats Circle, Orangevale, CA 95662
Base Bid
1 Water Pollution Control Plan (WPCP) LS 1 $10,000.00 $10,000.00 2 Clearing and Grubbing LS 1 $25,000.00 $25,000.00
3 Earthwork and Grading LS 1 $30,000.00 $30,000.00
4 Irrigation Sleeves LF 250 $200.00 $50,000.00
5 Concrete Mow Curb (9" Width) LF 218 $65.00 $14,170.00 6 4" Concrete Flatwork - Natural SF 3448 $30.00 $103,440.00 7 4" Concrete Flatwork - Harvest Gold SF 2147 $33.00 $70,851.00 8 4" Concrete Flatwork - Adobe SF 1100 $33.00 $36,300.00 9 6" Concrete Flatwork - Natural SF 1515 $39.00 $59,085.00 10 6" Concrete Flatwork - Natural (Maintenance SF 4477 $39.00 $174,603.00 Pathway)
11 Stairs with Handrails LS 1 $5,000.00 $5,000.00
12 Concrete Steps at Rubber Surfacing LF 44 $800.00 $35,200.00 13 Monolithic Play Edge LF 176 $75.00 $13,200.00
Subtotal: $626,849.00
Percent From Engineer's Estimate: 37.42%
Bid Alternate 1
101 Sport Field Netting LS 1 $30,000.00 $30,000.00
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102 30' Tall Pole EA 5 $7,000.00 $35,000.00
103 Savanna Safari Fencing LF 209 $140.00 $29,260.00
104 Drinking Fountain EA 1 $10,000.00 $10,000.00
Subtotal: $104,260.00
Bid Alternate 2
201 4' Montage II Gate LS 1 $7,500.00 $7,500.00
202 4' Montage II Double Swing Gate LS 1 $6,700.00 $6,700.00 203 4' Montage II Fence LF 902 $175.00 $157,850.00
204 Concrete Mow Curb (12" Width) at 4' LF 902 $65.00 $58,630.00 Montage II Fence
Subtotal: $230,680.00
Bid Alternate 3
301 Trash / Recycling Receptables EA 6 $4,500.00 $27,000.00 302 Picnic Tables EA 1 $4,000.00 $4,000.00
303 ADA Picnic Tables EA 3 $5,000.00 $15,000.00
Subtotal: $46,000.00
Total: $1,007,789.00
Engineer's Estimate
Base Bid
1 Water Pollution Control Plan (WPCP) LS 1 $2,500.00 $2,500.00 2 Clearing and Grubbing LS 1 $100,000.00 $100,000.00
3 Earthwork and Grading LS 1 $50,000.00 $50,000.00
4 Irrigation Sleeves LF 250 $4.00 $1,000.00
5 Concrete Mow Curb (9" Width) LF 218 $25.00 $5,450.00
6 4" Concrete Flatwork - Natural SF 3448 $18.00 $62,064.00 7 4" Concrete Flatwork - Harvest Gold SF 2147 $20.00 $42,940.00 8 4" Concrete Flatwork - Adobe SF 1100 $20.00 $22,000.00 9 6" Concrete Flatwork - Natural SF 1515 $22.00 $33,330.00 10 6" Concrete Flatwork - Natural (Maintenance SF 4477 $25.00 $111,925.00 Pathway)
11 Stairs with Handrails LS 1 $10,000.00 $10,000.00
12 Concrete Steps at Rubber Surfacing LF 44 $200.00 $8,800.00 13 Monolithic Play Edge LF 176 $35.00 $6,160.00
Subtotal: $456,169.00
Bid Alternate 1
101 Sport Field Netting LS 1 $50,000.00 $50,000.00
102 30' Tall Pole EA 5 $3,000.00 $15,000.00
103 Savanna Safari Fencing LF 209 $150.00 $31,350.00
104 Drinking Fountain EA 1 $10,000.00 $10,000.00
Subtotal: $106,350.00
Bid Alternate 2
201 4' Montage II Gate LS 1 $5,000.00 $5,000.00
202 4' Montage II Double Swing Gate LS 1 $10,000.00 $10,000.00 203 4' Montage II Fence LF 902 $200.00 $180,400.00
204 Concrete Mow Curb (12" Width) at 4' LF 902 $30.00 $27,060.00 Montage II Fence
Subtotal: $222,460.00
Bid Alternate 3
301 Trash / Recycling Receptables EA 6 $3,000.00 $18,000.00 302 Picnic Tables EA 1 $3,000.00 $3,000.00
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303 ADA Picnic Tables EA 3 $3,000.00 $9,000.00
Subtotal: $30,000.00
Total: $814,979.00
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CITY OF MODESTO

COUNCIL AGENDA REPORT
DATE OF MEETING:

December 10, 2024
Date: November 18, 2024
TO: Mayor and City Council
THROUGH: Joseph P. Lopez, City Manager
FROM: Bill Sandhu, Director of Public Works
SUBJECT: Purchase Order Increase for Three Police Responders with Napa Ford CONTACT: Larry Devereaux, Fleet Manager, [email protected], 209-342-2214 DESCRIPTION:

Consider approving the price increase of Purchase Order 216608 for Napa Ford, Napa, CA by $50,404 for three Ford Police Responder Pickups for a revised total amount not to exceed $216,968. (Funding Source: Fleet Replacement Fund)
STRATEGIC PLAN ELEMENT:

This action supports the City of Modesto 2020-2025 Strategic Plan Area of Focus: Governance and Service Delivery: “Build community trust in City government through responsive, transparent and efficient service delivery; Goal H: achieve long-term financial sustainability.

BACKGROUND:

On October 26, 2021, the Purchasing Division issued Request for Bid (RFB) 2122-30 for four Ford Police Responders on the City’s website under commodity codes1. Prospective bidders were notified online and via email of the bid opportunity. Thirteen companies chose to download the RFB document. On November 23, 2021, bids were formally opened in the City Clerk’s office and broadcast via Microsoft Teams Livestream. Four vendors chose to respond, there were no local bids received. Based on providing the lowest responsive and responsible bid, City staff recommended awarding the four Ford Responders to Napa Ford, Napa, CA for a total cost not to exceed $166,564.

On January 11, 2022, by Resolution 2022-015, Council approved the purchase of four Police Responder Pickups from Napa Ford, Napa, CA, not to exceed $166,564.

DISCUSSION:

After the Purchase Order was issued to Napa Ford on January 18, 2022, it was expected that this order would be accepted and placed in the order bank with Ford Motor Company; however, the order was not received by Ford during the order bank window and was not placed in the manufacturing schedule from the factory. Unfortunately, the industry-wide parts supply chain 1 07048-Trucks (One-ton capacity and less)
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Purchase Order Increase for Three Ford Responders with Napa Ford

experienced significant delays exacerbating the delay. Three of the four Responders did not make the first order bank; therefore, one was received on February 24, 2023, at the original price and the remaining three were delayed. Since then, the Finance Department, Purchasing Division and Public Works Fleet staff worked with the dealership to determine the status of the Purchase Order.

The order has been fulfilled through Ford Motor Company and delivered to the dealership.

Unfortunately, due to the delay in receiving the vehicles, prices have increased by an additional $50,404 for a new cost of $216,968, which is an increase in cost of 40 percent.

Modesto Municipal Code Section 8-3.203 generally requires all purchases which meet or exceed $100,000 for material, equipment, or contractual services to be formally bid. However, exceptions to the formal bidding process are granted in MMC 8-3.204(f) “Where the Purchasing Manager, in his or her discretion, determines that it is appropriate to amend the services or goods provided under an existing agreement to include additional similar goods or services, of limited quantity or scope, in order to increase efficiency and avoid delays or disruptions to City projects or services.” The cost increase over the original bid is in alignment with current pricing, compared to the listed price on the California Department of General Services (DGS) website, through a competitively bid process. It is the recommendation from staff to increase the purchase order to continue the order and delivery of the law enforcement vehicles.

Qty Description Quoted Price Revised Price Price Increase CA DGS Price 1 Police Responder Super Crew 4x4 $38,595.40 $38,595.40 0 $ 53,084.00 3 Police Responder Super Crew 4x4 $38,595.40 $53,633.00 $15,037.60 $ 53,084.00 Paint (roof & doors)
Doc Fees $ 500.00
Sales Tax $3,036.79 $4,767.47 $1,730.68 $ 4,711.21
Tire Recycling Fee $8.75 $8.75 $ 8.75
Environmental Fee $33.00 33.00
Each Responder $41,640.94 $58,442.22 $16,801.28 $ 58,303.96 Responders $66,563.80 $16,967.60 $50,403.84
FISCAL IMPACT:

The anticipated cost increase of $50,404 will be absorbed within the current Public Works Fleet Replacement Fund in account 5409-53246-57003 budget.

COMMITTEE RECOMMENDATION:

This item was presented to Finance Committee on November 13, 2024, and was recommended to forward to Council for approval. Since being approved at committee, the not to exceed amount was increased to $216,968 due to a calculation error and the number of vehicles originally awarded was changed to 4.

RECOMMENDED COUNCIL ACTION:

Staff Recommendations:

Resolution approving the increase of Purchase Order 216608 with Napa Ford, Napa, CA for three Ford Police Responder pickups by $50,404 from $166,564 for a revised total amount not to #17..
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Purchase Order Increase for Three Ford Responders with Napa Ford

exceed $216,968, and authorizing the Purchasing Manager, or her designee, to execute the Purchase Order price increase.

Approved by:

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

1. Resolution

2. Purchase Order 216608

3. Napa Ford Invoice

4. Napa Ford Price Breakdown
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1 2024-?

MODESTO CITY COUNCIL
RESOLUTION NO. 2024-
RESOLUTION APPROVING THE INCREASE OF PURCHASE ORDER 216608

WITH NAPA FORD, NAPA, CA FOR THREE FORD POLICE RESPONDER PICKUPS BY $50,404 FROM $166,564 FOR A REVISED TOTAL AMOUNT NOT TO EXCEED $216,968, AND AUTHORIZING THE PURCHASING MANAGER,

OR HER DESIGNEE, TO EXECUTE THE PURCHASE ORDER PRICE

INCREASE
WHEREAS, Ford Police Responder vehicles are used in daily law enforcement activities citywide by the Modesto Police Department; and WHEREAS, on October 26, 2021, the Purchasing Division issued Request for Bid (RFB) 2122-30 for Four Ford Police Responders on the City’s website under commodity codes 07048-Trucks (One-ton capacity and less); and
WHEREAS, thirteen companies chose to download the RFB document, four vendors chose to submit a bid, there was no local bid received; and WHEREAS, on November 23, 2021, bids were formally opened in the City Clerk’s office and Napa Ford, Napa, CA, was the only responsive and responsible bidder, and City staff recommended awarding the purchase of three Ford Police Responders to Napa Ford, Napa, CA for a total cost not to exceed $166,564; and WHEREAS, on January 11, 2022, by Resolution 2022-015, Council approved the purchase of the four Police Responders from Napa Ford, Napa, CA; and WHEREAS, after the purchase order was issued to Napa Ford on January 18, 2022, it was expected that this order would be accepted and placed in the order bank with Ford Motor Company. Three of the four Responders did not make the first order bank; therefore, one was received on February 24, 2023, at the original price and the remaining three were delayed; and
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WHEREAS, due to the delay in receiving the vehicles, prices increased by an additional $50,404 for a new cost of $216,968, which is an increase in cost of 40 percent; and
WHEREAS, Modesto Municipal Code Section 8-3.203 generally requires all purchases which meet or exceed $100,000 for material, equipment, or contractual services to be formally bid. However, exceptions to the formal bidding process are granted in MMC 8-3.204(f) “where the Purchasing Manager, in his or her discretion, determines that it is appropriate to amend the services or goods provided under an existing agreement to include additional similar goods or services, of limited quantity or scope, in order to increase efficiency and avoid delays or disruptions to City projects or services.”; and
WHEREAS, the cost increase over the original bid is in alignment with current pricing compared to the listed price on the California Department of General Services (DGS) website, and it is the recommendation from staff to increase the purchase order to continue the order and delivery of the law enforcement vehicles; and WHEREAS, the Finance Committee considered this item on November 13, 2024, and was recommended to forward to Council for approval; however, since being approved at committee, the not to exceed amount was increased to $216,968 due to a calculation error and the number of vehicles originally awarded was changed to 4.

NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Modesto that it hereby approves the price increase of Purchase Order 216608 for Napa Ford, Napa, CA by $50,404 for three Ford Police Responder vehicles for a total amount not to exceed $216,968.
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BE IT FURTHER RESOLVED that the Purchasing Manager, or her designee, is hereby authorized to increase the Purchase Order.

The foregoing resolution was introduced at a regular meeting of the Council of the City of Modesto held on the 10th day of December 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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PURCHASE ORDER
City of Modesto
Purchasing Division
1010 Tenth St.,Suite 5300
Modesto, CA, 95354
Tel: (209) 577-5405 Fax: (209) 544-8821
Purchase Order No: 216608
Deliver By : 15-JAN-2022
FOB :

Terms : Net 30
Buyer : Kimberly Presson
Requestor : Cynthia Sypolt
Issue Date : 18-JAN-2022
Page : 1 of 2 Revision:

Vendor: Ship To: Invoice To:

NAPA FORD LINCOLN
570 SOSCOL AVE
NAPA,CA, 94559POL_SPACE?>
PW.Fleet Services Administration
1609 8th Street
Modesto, CA 95354
City of Modesto Accounts Payable
PO Box 642
Modesto, CA 95353

Vendor Contact: Email: Fax:

LINE QTY UOM ITEM - DESCRIPTION UNIT PRICE EXTENDED PRICE 1 4 Each NEW AND UNUSED - FORD POLICE RESPONDER
SUPERCREW 4X4 (BLACK AND WHITE) PER
SPECIFICATION AFY 21/22, LINES 11-14
38,593.0000 154,372.00
2 4 Each SALES TAXFY 21/22, LINES 11-14 3,039.1900 12,156.76 3 4 Each TIRE RECYCLING FEEFY 21/22, LINES 11-14 8.7500 35.00 Note to Supplier: RESO #2022-16
SALES TAX: $ 0.00

IMPORTANT INSTRUCTIONS

1. EMAIL INVOICE PROMPTLY TO [email protected].

2. INVOICE EACH PURCHASE ORDER SEPARATELY.

3. ALL ITEMS F.O.B DESTINATION UNLESS OTHERWISE SPECIFIED.

4. CITY RESALE PERMIT NO.SRAM 28-043875.

5. ORDER SUBJECT TO CONDITIONS SET FORTH ON FACE OF ORDER AND ATTACHED TERMS AND CONDITIONS.

TOTAL: $ 166,563.76

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PURCHASE ORDER-TERMS & CONDITIONS

1.PAYMENTS: Payments shall be made upon submission of itemized invoices in duplicate at the prices stipulated herein for supplies delivered and accepted or services rendered and accepted, less deductions, if any, as herein provided. Payment for partial deliveries may be made whenever amounts due so warrant or when requested by the Vendor and approved by the Purchasing Manager.

2.INSPECTION: All materials and workmanship are subject to inspection and test by the City for compliance with specifications as included herein, within a reasonable time after delivery. In the event articles or services are detective or not in conformity with this order, the City shall have the rights to either reject the items or require correction. Defective articles or services shall be removed from City premises and/or corrected by and at the expense of the Vendor. Failure to inspect and accept or reject shall not relieve the Vendor from responsibility for compliance with specifications. Final acceptance shall be conclusive except as regards to latent defects, fraud, or such gross mistakes as amount to fraud.

3.RESPONSIBILITY: Unless otherwise specified, the Vendor shall be responsible for all items covered by this Purchase Order until delivered at the designated delivery point and the Vendor shall bear all risks as to items rejected or requiring correction after notice of such rejection or correction is given.

4.SHIPMENT: All items F.O.B. Destination unless otherwise specified. When authorized, freight to be prepaid. Do not ship collect. Original receipted freight bill must accompany invoice. Shipment must be made within the time stated on Purchase Order, failing which City reserves the right to purchase elsewhere and Charge Vendor with any loss incurred, unless delay in making shipment is due to unforeseeable causes beyond the control, and without the fault or negligence of the Vendor.

5.CHANGES: This Purchase Order may at any time, by written order, be changed in regard to the materials or service to be furnished, quantities ordered, unit price, discount, delivery point or arrange¬ments, terms or any other matters affecting a valid order. In the event such change causes an Increase or decrease in the cost of performance hereunder, and equitable adjustment will be made for the cost thereof, subject to the approval of the Purchasing Manager, and written notice given therefore.

6.WARRANTY: Notwithstanding any other provisions of the order, Vendor warrants that the materials, supplies or other services furnished shall be of the most suitable grade and exactly as specified in this order. Such warranty shall include the following:
performance, workmanship, labor, materials, seller's design or engineering contributions. If a defect is discovered In any item of materials, supplies or services covered in this order, Vendor shall correct at its expense, including transportation/freight, such defects as are reported within one year of final acceptance. Upon expiration of the applicable warranty period. all such liability shall terminate except for fraud, or such gross mistakes as amount to fraud, latent defects or specific failure to comply with the terms of this order.

7.DISCOUNT: In connection with any discount offered, time will be computed from date of delivery to carrier when delivery and acceptance are at point of origin, or from date of delivery and acceptance if at destination or from date correct Invoice is received by City if invoice date is later than date of delivery.

8.INSURANCE: All orders where work, maintenance, or service is performed on City property require appropriate insurance and indemnification. Services will be suspended without proper insurance certificates being on file with the City. Contact the City Purchasing Office to verify the type and amount of insurance required.

9.EXEMPTIONS: The City is exempt from payment of Federal Excise Tax. All invoices shall be exclusive of such excise lax. If purchase is not subject to Sales Tax, the statement tor resale will appear in body of Purchase Order.

10.INFRINGEMENT: Vendor agrees to protect. indemnify and save harmless the City as buyer, its agents, officers, employees, and volunteers from any claim, loss or damage from infringement of trademarks patents, copyrights and unfair competition action with respect to this Purchase Order.

11.INDEMNITY: The Vendor 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 Vendor, or its agents, officers, employees, or volunteers relating to or during the performance of its obligations under this Agreement. Vendor'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 Vendor to procure and maintain a policy of insurance. In the indemnity clause contained herein Vendor agrees to defend, indemnify and hold City harmless from the negligence of its employees, among other risks. With reference to the foregoing, the parties agree that all risk of loss, including but not limited to damages, property losses and defense of third party suits, arising out of or relating to the operation of City owned vehicles by Vendor's employees is apportioned to Vendor in accordance with the provisions contained in Indemnity.

12.GOVERNING LAW: This Purchase Order shall be deemed made in, governed by, performed in, and construed and enforced in accordance with the laws of the State of California, U.S.A., without giving effect to its conflicts of laws, provisions or principles.

13.LIABILITY: The City shall not be responsible for any damage that may accrue by reason of the death or injury of the person of the Vendor's officers, agents, employees, invitees, or licensees, or be set up at any time because of personal injury or damage to property sustained by any other person or persons, which may have been caused or contributed to, approximately or remotely, by reason of or in the course of performance of the Purchase Order. The Vendor shall assume full responsibility for the defense of any claim arising under the Purchase Order and the Vendor shall save, keep, and bear harmless the City, all officers and employees thereof, from all damages, costs, or expenses because of personal injury or property damage based on the performance of this Purchase Order or asserted against It.

14.DISPUTES: All disputes concerning questions of fact which may arise under this Purchase Order, and not disposed of by mutual consent, shall be decided by the Purchasing Manager.

15.OFFER AND ACCEPTANCE: Vendor represents its acceptance to provide products and/or services as follows: City's offer to purchase products and/or services is expressly conditioned upon Vendor's assent to the terms and conditions set forth in City's purchase order documents, specifications, supporting data, and these articles. Vendor agrees that Vendor's Order Acknowledgment terms and conditions received prior to, during, or after order placement by City are hereby rejected. City purchase orders signed by the City's Purchasing Manager or his/her designated agent and issued to Vendor constitute written notification to Vendor of City's rejection of any and all of Vendor Order Acknowledgments, counter offers and changes to the City's terms and conditions.

16.CANCELLATION: The City reserves the right to cancel the order with the vendor upon failure to meet contractual expectations and/or obligations, as recommended by the Purchasing Manager or his/her designee. Either party may terminate the contract in its unilateral discretion for any or no reason by providing at least sixty(60) days written notice of its desire to terminate.

17.ASSIGNMENT: Neither this purchase order nor any portion thereof shall be subcontracted or assigned without the written consent of the City in each and every instance.

18.MISCELLANEOUS: Time is of the essence in each and every provision of this purchase order. #17..
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Qty Description Quoted Price Revised Price Price Increase CA DGS Price 3 Police Responder SuperCrew 4x4 $38,593.00 $53,633.00 $15,040.00 $ 53,084.00 Paint (roof & doors)
Doc Fees $ 500.00
Sales Tax $3,039.19 $4,767.47 $1,728.28 $ 4,711.21
Tire Recyclinbg Fee $8.75 $8.75 $ 8.75
Evr Fee $33.00 33.003
Each Responder $41,640.94 $58,442.22 $16,801.28 $ 58,303.96 Three (3) Responders $124,922.82 $175,326.66 $50,403.84 Tracy Ford PO#216609
Ordered 1-15-2022
IFB 2122-30 (4) Ford Police Responders - Napa Ford - Received (1) 2-24-2023 at original quoted price Council : 1-11-2022
RESO #2022-16 PO#216608
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CITY OF MODESTO

COUNCIL AGENDA REPORT
DATE OF MEETING:

December 10, 2024
Date: November 20, 2024
TO: Mayor and City Council
THROUGH: Joseph P. Lopez, City Manager
FROM: William Wong, Director of Utilities
SUBJECT: Lease Extension for the Property Located at 131 9th Street, Modesto CONTACT: Cristian Ciotau, Engineering Division Manager
[email protected], 209-571-5175
DESCRIPTION:

Consider approving a three-month extension of the lease with Juana Monreal and Jose Solis, individuals doing business as Liz Andrews Furniture, for the City-owned property located at 131 9th Street. (Funding Source: Wastewater Fund)
STRATEGIC PLAN ELEMENT:

The recommended action supports the 2020-2025 City’s Strategic Plan Initiatives, Goal D:

Provide safe, efficient, and reliable infrastructure through proactive community investment, maintenance, and sustainability efforts.

BACKGROUND:

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

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

On March 1, 2016, by Resolution No. 2016-125, Council approved an Agreement with Carollo for Engineering Design Services for the River Trunk Realignment Project. The scope of the Agreement included the design of a major lift station and force-mains (River Trunk Pump Station - Project No. 1), the gravity sewer crossing under Beard Brook Park and gravity system along Colorado Avenue (River Trunk Gravity System – Project No. 2), and a pump station for the Shackelford Crossing (River Trunk Shackelford – Project No. 3). #18..
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City Council, December 10, 2024
Lease Extension for the Property Located at 131 9th Street, Modesto

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

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

Currently, the Liz Andrews Furniture Store is located on the property and has a Lease that expires on December 31, 2024; as the new property owner, the City has taken over the Lease.

DISCUSSION:

The Liz Andrews Furniture Store is in the process of relocating to a new site and has recently requested the Lease be extended for an additional three months in order to facilitate a smooth transition to their new location.

The proposed Amendment will extend the term of the Lease through March 31, 2025.

Extension of the Lease will not interfere with or delay the planned River Trunk Pump Station Project. Staff anticipates that the Project will be put out to bid in the Summer 2025, with construction to begin in Fall 2025.

FISCAL IMPACT:

Revenue associated with this Lease is being accounted for in the following Capital Improvement Project:
100646 – River Trunk Realignment
At the current rent of $3,535 per month, the lease extension will result in an additional $10,605 in revenue to offset the Project’s expenses.

COMMITTEE RECOMMENDATION:

There has been no Committee action taken on this item due to the need to approve the Lease extension prior to December 31, 2024.

CEQA/NEPA REQUIREMENTS:

Environmental review for the River Trunk Realignment Project has been provided through the 2017 Wastewater Master Plan Environmental Impact Report (EIR) (SCH # 2016062033) certified by Council on January 28, 2020. Extension of the lease is exempt from further environmental review.
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City Council, December 10, 2024
Lease Extension for the Property Located at 131 9th Street, Modesto

RECOMMENDED COUNCIL ACTION:

Staff Recommendations:

Resolution approving a three-month extension of the lease with Juana Monreal and Jose Solis, individuals doing business as Liz Andrews Furniture, for City-owned property located at 131 9th Street, and authorizing the City Manager, or his designee, to execute the lease amendment.

Approved by:

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

1. Resolution

2. Lease Agreement

3. Lease Agreement – First Amendment

4. Lease Agreement – Second Amendment

5. Lease Agreement –Third Amendment
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12/10/2024/Utilities/CCiotau/Item X 1 2024-XX

MODESTO CITY COUNCIL
RESOLUTION NO. 2024-XX

RESOLUTION APPROVING A THREE-MONTH EXTENSION OF THE LEASE

WITH JUANA MONREAL AND JOSE SOLIS, INDIVIDUALS DOING

BUSINESS AS LIZ ANDREWS FURNITURE, FOR CITY-OWNED PROPERTY LOCATED AT 131 9TH STREET, AND AUTHORIZING THE CITY MANAGER,

OR HIS DESIGNEE, TO EXECUTE THE LEASE AMENDMENT
WHEREAS, the City previously approved a recommended plan to address the failing River Trunk facility by moving forward with final design of the River Trunk Realignment Project, and
WHEREAS, the Realignment Project consists of several components, including a new River Trunk Pump Station with dual force mains, and WHEREAS, after evaluating multiple options, the City determined that the triangular piece of property at the southwest corner of B Street and 9th Street was the best location for the planned pump station, and
WHEREAS, this property was large enough to adequately construct, operate, and maintain the facilities required for the pump station, and WHEREAS, on July 11, 2023, by Resolution No. 2023-357, Council approved the purchase of the property located at 131 9th Street, Modesto, California (the “Property”), and completed the purchase in the fall of 2023, and
WHEREAS, the Property had an existing tenant, the Liz Andrews Furniture Store, with a Lease expiring on December 31, 2024, and
WHEREAS, the Liz Andrews Furniture Store will be relocating to a new site.

However, the Liz Andrews Furniture Store recently requested the Lease be extended for three additional months, until March 31, 2025, in order to facilitate a smooth relocation, and
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12/10/2024/Utilities/CCiotau/Item X 2 2024-XX
WHEREAS, the rental amount will remain $3,535 for the three month extension, and
WHEREAS, extension of the Lease will not interfere with or delay the planned pump station.

NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Modesto that it hereby authorizes a three month extension of the Lease with Juana Monreal and Jose Solis, individuals doing business as Liz Andrews Furniture, for City-owned property at 131 9th Street.

BE IT FURTHER RESOLVED that the City Manager, or his designee, is authorized to execute the Lease Amendment, in a form approved by the City Attorney. #18..
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12/10/2024/Utilities/CCiotau/Item X 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 December, 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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COMMERCIAL LEASE AMENDMENT
131 9th Street
This COMMERCIAL LEASE AMENDMENT (this “Amendment”), dated as of _________, 2024 (the “Effective Date”), is entered into by and between the City of Modesto, a California charter city (hereafter the “City” or “Lessor”) and Juana Monreal and Jose Solis, individuals doing business as Liz Andrews Furniture (the “Lessee”). City and Tenant are hereafter collectively referred to as the “Parties.”

RECITALS
A. Stanislaus Distributing Company previously entered into that certain commercial lease dated August 1, 2008 with Lessee (the “Lease”) for the property located at 131 9th Street, Modesto, California (the “Property”).

B. Addenda to the Lease were executed on November 16, 2018 and February 28, 2020.

C. The City is the successor-in-interest to the Stanislaus Distributing Company under the Lease. Varni Brothers Corporation is the successor-in-interest to Juana Monreal and Jose Solis under the Lease.

D. The term of the Lease ends on December 31, 2024. Lessee has requested a three-month extension of the term of the Lease to provide additional time for the Lessee to relocate.

E. The Parties desire to temporarily extend the term of the Lease pursuant to the terms and conditions contained herein.

NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Lessor and the Lessee hereby agree as follows:

1. Recitals. The above recitals are true and correct, and are incorporated into this Amendment by reference.

2. Term Extension. The Lease is hereby amended to extend the term of the Lease through March 31, 2025. Lessee must remove all personal property from, and vacate, the Property by this date. Tenant shall have absolutely no right to holdover and retain possession of the Property after March 31, 2025.

3. No Relocation Benefits. Lessee acknowledges that Lessee has no existing legal right to occupy the Property after December 31, 2024, and that Lessor is voluntarily agreeing to extend the term of the Lease an additional three months. Lessee acknowledges and agrees that it is a “post-acquisition tenant” under applicable law for the purposes of this Amendment, and Lessee is not entitled to receive any payments under either the State or Federal Uniform Relocation Assistance Act (Government Code Section 7260 et seq. or 42 USC Section 4601 et seq.) upon the expiration of the Lease.
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4. Waiver. Lessee understands and acknowledges that Lessor, and its officers, officials, agents, employees, and consultants (collectively, “Lessor Parties”) may be conducting inspections and testing of the Property during the term of the Lease, and that such activity may cause minor damage to the Property. Lessee hereby waives, releases, and discharges forever the Lessor Parties from all present and future liability, loss, cost, claim, demand, action, suit, legal or administrative proceeding, penalty, deficiency, fine, damage and expense (including, without limitation, reasonable attorneys’ fees and costs of litigation) (all of the foregoing collectively “Claims”) of any kind or nature whatsoever, arising out of or in any way connected with Lessor Parties entry upon of the Property, and related inspection and testing thereof, except and to the extent caused solely by the gross negligence or willful misconduct of any of the Lessor Indemnitees. The provisions of this Section shall survive the expiration or termination of the Lease.

5. Effect of Amendment. Except as explicitly provided by this Amendment, all of the terms and condition of the Lease, as previously modified by prior addenda, shall remain in full force and effect.

IN WITNESS WHEREOF, CITY OF MODESTO, a municipal corporation, has authorized the execution of this Amendment to Commercial Lease in duplicate by its City Manager and attestation by its City Clerk under authority of Resolution No. , adopted by the Council of the City of Modesto on the ___ day of ___________, 2024, and JUANA MONREAL and JOSE SOLIS have caused this Agreement to be duly executed as of the Effective date. #18..
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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, DECEMBER 10, 2024 AT 4:45 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
Two Cases (Pursuant to Section 54956.9(a) of the Government Code) Name of case(s): Josh Hauselmann v. City of Modesto
California Workers Compensation Appeals Board
Nos. ADJ18827281
John Heilman v. City of Modesto
California Workers Compensation Appeals Board
Nos. ADJ8940740

BY ORDER OF THE CHAIR
/S
Diane Nayares-Perez, City Clerk
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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