8, 2018, by Resolution No. 2018-303, Council approved the agreement with WMCC to manage and operate the Center. On February 11, 2020, by Resolution No. 2020-079, Council approved the First Amendment to the Agreement to provide access and use of the Center outside regular business hours and authorized WMCC to schedule and coordinate Center usage by the KingKennedy Memorial Center Board of Directors, National Association for the Advancement of Colored People (NAACP) Modesto Stanislaus Branch 1048, and The Women’s Auxiliary, a Modesto community connection for community services.
On April 6, 2021, by Resolution No. 2021-110, Council approved the application for grant funds to renovate Dr. Martin Luther King Jr. Park (MLK Park) with construction of a gymnasium/multipurpose room, outdoor amphitheater stage, baseball field, basketball court, fitness stations, restrooms, safety lighting and walking paths. The MLK Park Renovation Project will require the closure of the Center during a period of construction.
On July 11, 2023, by Resolution No. 2023-353, Council approved the Second Amendment to the Agreement for a one (1) year extension to allow time for the preparation of a Request for Proposal (RFP) for operation of the facility prior to MLK Park renovations and KKMC closure.
DISCUSSION:
The closure of MLK Park and Center was tentatively scheduled for February 2025. City Staff were in the process of postponing the RFP process until renovations and Center closure were completed and reopened, to avoid entering a new agreement during construction and resulting facility closure. In September 2024, the City reviewed the scope of work and dedicated resources required for current projects. As a result, the timeline for current projects was amended for construction start dates to take place in chronological order to ensure proper resources and staff support would be available. The adjusted tentative schedule for the MLK Park renovations project is July 2025 through December 2026.
City staff propose to amend the current KKMC Operations Agreement with WMCC to a monthto-month basis until July 1, 2025, when construction is slated to begin for the MLK Park renovations project. The agreement with WMCC will conclude and the agency will vacate the KKMC of all property, personnel, and equipment. The RFP process for the KKMC Operations Agreement will also begin in conjunction with the facility’s closure for construction. This will provide agencies and community groups ample time to submit proposals for Center operations, provide staff enough time to thoroughly vet submissions and provide continuous programming to the surrounding community throughout the process.
This Third Amendment will not change the WMCC’s monthly rent payment to the City of $1,250 per month.
FISCAL IMPACT:
This amendment maintains the monthly rent paid by WMCC of $1,250 per month and generates $15,000 in annual revenue for the Recreation Division operating budget.
COMMITTEE RECOMMENDATION:
This item was reviewed by the Safety and Communities Committee on December 9, 2024, and the Committee recommended forwarding the item to Council for approval. #15..
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City Council, January 28, 2025
Third Amendment to the Agreement for the Operation of the King-Kennedy Memorial Center
RECOMMENDED COUNCIL ACTION:
Staff Recommendations:
Resolution approving the Third Amendment to the Agreement for the Operation of the KingKennedy Memorial Center with the West Modesto Community Collaborative to amend the Agreement to a month-to-month basis until July 1, 2025, and authorizing the City Manager, or his designee, to execute the Amendment.
Approved by:
Jeremy Rogers
Parks, Recreation and Neighborhoods Director
Joseph P. Lopez, City Manager
Attachments:
1. Resolution
2. Third Amendment to Operations Agreement
3. Second Amendment to Operations Agreement
4. First Amendment to Operations Agreement
5. Operations Agreement
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01/28/25/PRN/JRogers/Item XX 1 2025-XX
MODESTO CITY COUNCIL
RESOLUTION NO. 2025-
RESOLUTION APPROVING THE THIRD AMENDMENT TO THE
AGREEMENT FOR THE OPERATION OF THE KING-KENNEDY MEMORIAL
CENTER WITH THE WEST MODESTO COMMUNITY COLLABORATIVE TO AMEND THE AGREEMENT TO A MONTH-TO-MONTH BASIS UNTIL JULY 1, 2025, AND AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE, TO
EXECUTE THE AMENDMENT
WHEREAS, in 1968, the King-Kennedy Memorial Center (“Center”) was constructed for community programming and engagement, and WHEREAS, from 1968 to 2008, the City operated, staffed, and offered community programming at the Center, and
WHEREAS, in 2008, Council, by Resolution No. 2008-081, approved an agreement with West Modesto Community Collaborative (“WMCC”) to manage and operate the Center, and
WHEREAS, WMCC provides mental health services, community engagement, after school programming, summer camps, intervention programs and other services information to West Modesto, and
WHEREAS, on August 8, 2018, by Resolution No. 2018-303, Council approved a new agreement with WMCC to manage and operate the Center, and WHEREAS, on February 11, 2020, by Resolution No. 2020-079, Council approved the First Amendment to the Agreement to provide access and use of Center outside of regular business hours and authorized WMCC to schedule and coordinate Center usage by the King-Kennedy Memorial Center Board of Directors, and WHEREAS, on April 6, 2021, by Resolution No. 2021-110, Council approved the application for grant funds to renovate Dr. Martin Luther King Jr. Park (“MLK Park”) #15..
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01/28/25/PRN/JRogers/Item XX 2 2025-XX
with construction of a gymnasium/multipurpose room near the Center resulting in the closure of MLK Park and Center during construction, and WHEREAS, on July 11, 2023, by Resolution No. 2023-353, Council approved the Second Amendment to the Agreement for a one (1) year extension to allow time for the preparation of a Request for Proposal (RFP) for operation of the facility prior to MLK Park renovations and KKMC closure, and
WHEREAS, the timeline for current projects was amended for construction start dates to take place in chronological order to ensure proper resources and staff support would be available, and
WHEREAS, City staff propose to amend the current KKMC Operations Agreement with WMCC to a month-to-month basis until July 1, 2025, when construction is slated to begin for the MLK Park renovations project, and WHEREAS, the RFP process for the KKMC Operations Agreement will begin in conjunction with the facility’s closure for construction to provide agencies and community groups ample time to submit proposals for Center operations.
NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Modesto that it hereby approves the Third Amendment to the Agreement for the Operation of the King-Kennedy Memorial Center with the West Modesto Community Collaborative to amend the Agreement to a month-to-month basis until July 1, 2025.
BE IT FURTHER RESOLVED that the City Manager, or his designee, is hereby authorized to execute the Amendment, in a form approved by the City Attorney. #15..
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01/28/25/PRN/JRogers/Item XX 3 2025-XX
The foregoing resolution was introduced at a regular meeting of the Council of the City of Modesto held on the 28th day of January, 2025, 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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Third Amendment to KKMC Operating Agreement
THIRD AMENDMENT TO AGREEMENT FOR THE OPERATION OF THE
KING-KENNEDY MEMORIAL CENTER
THIS THIRD AMENDMENT TO THE AGREEMENT, made and
entered into in the City of Modesto, State of California, this 8th day of August 2024, by and between the CITY OF MODESTO, a municipal corporation of the State of California, hereinafter referred to as "CITY", and the Stanislaus Multi Cultural Community Health Coalition, a California non-profit agency, D.B.A. West Modesto Community Collaborative, hereinafter referred to as "AGENCY".
R E C I T A L S
WHEREAS, on August 8, 2018, by Resolution No. 2018-303, Council approved the Agreement (“AGREEMENT”) for the Operation of the King-Kennedy Memorial Center to operate and provide community service programming at the KingKennedy Memorial Center, hereinafter referred to as “Facility”; and WHEREAS, Section 16 of the AGREEMENT provides that the
AGREEMENT may be modified by a written amendment by the parties; and WHEREAS, on February 11, 2020, by Resolution No. 2020-079, Council approved the First Amendment to the Agreement (“FIRST AMENDMENT”) to provide access and use of Facility outside regular business hours, and authorize AGENCY to schedule and coordinate Facility use by King-Kennedy Memorial Center Board of Directors, NAACP Modesto Stanislaus Branch 1048, and The Women’s Auxiliary, A Modesto Community Connection; and
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Third Amendment to KKMC Operating Agreement
WHEREAS, on July 11, 2023, by Resolution No. 2023-353, Council approved the Second Amendment to the Agreement (“SECOND AMENDMENT”) to extend the agreement term one (1) year to provide time for the City to issue a Request for Qualifications for operation of the Facility; and
WHEREAS, the City received a grant for Dr. Martin Luther King Jr. Park renovations and construction with facility closure is anticipated to begin July 2025; and WHEREAS, the AGREEMENT is set to expire on August 8, 2024, and AGENCY and CITY desire to extend the AGREEMENT on a month-to-month basis until July 1, 2025, for King-Kennedy Memorial Center and Dr. Martin Luther King Jr. Park renovations and construction.
NOW, THEREFORE, the parties mutually agree to amend the AGREEMENT as follows:
1. Section 2 “TERM OF AGREEMENT” is amended to read as follows:
“This Agreement shall commence of August 8, 2018 (“Effective Date”) and continue for a period of six (6) years and continue thereafter on a month-to-month basis until July 1, 2025. The CITY also retains the right to terminate this Agreement, as provided in Section 12.”
2. Section 3 “COMPENSATION” is amended to read as follows:
“AGENCY shall pay to the CITY, for its right to use and operate the FACILITY under this Agreement, the sum of ONE THOUSAND DOLLARS ($1000.00) per month that the facility is in operation. On each anniversary of the Effective Date, #15..
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Third Amendment to KKMC Operating Agreement
the monthly rent payment shall increase by FIFTY DOLLARS ($50.00) per year, for years one (1) through six (6). The subsequent months shall have no rent payment increase.
In advance of the first day of each month during the term hereof, these sums shall be payable without notice or demand and without any deduction, offset, or abatement in lawful money of the United States to the CITY at the address stated herein for notices or to such other person so such other places as the CITY may designate in writing.”
3. Except as modified and amended by this THIRD AMENDMENT to AGREEMENT, all other provisions of the AGREEMENT together with the FIRST AMENDMENT and SECOND AMENDMENT, including all exhibits pertaining thereto, shall remain unchanged and in full force and effect.
IN WITNESS WHEREOF, the CITY OF MODESTO, a municipal
corporation, has authorized the execution of this Third Amendment to Agreement in duplicate by its City Manager and attested by its City Clerk under authority of Resolution No. 2025-____, adopted by the Council of the City of Modesto on the ____ day of ____________, 2025 and West Modesto Community Collaborative, has caused this Third Amendment to Agreement to be duly executed.
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Second Amendment to KKMC Operating Agreement
1 SECOND AMENDMENT TO AGREEMENT FOR THE OPERATION OF THE
KING-KENNEDY MEMORIAL CENTER
THIS SECOND AMENDMENT TO THE AGREEMENT, made and
entered into in the City of Modesto, State of California, this ___ day of ______________ 2023, by and between the CITY OF MODESTO, a municipal corporation of the State of California, hereinafter referred to as "CITY", and the Stanislaus Multi Cultural Community Health Coalition, a California non-profit agency, D.B.A. West Modesto Community Collaborative, hereinafter referred to as "AGENCY".
R E C I T A L S
WHEREAS, on August 8, 2018, by Resolution No. 2018-303, Council approved the Agreement (“AGREEMENT”) for the Operation of the King-Kennedy Memorial Center to operate and provide community service programming at the KingKennedy Memorial Center, hereinafter referred to as “Facility”; and WHEREAS, on February 11, 2020, by Resolution No. 2020-079, Council approve the First Amendment to the Agreement (“FIRST AMENDMENT”) to provide access and use of Facility outside regular business hours, and authorize AGENCY to schedule and coordinate Facility use by King-Kennedy Memorial Center Board of Directors, NAACP Modesto Stanislaus Branch 1048, and The Women’s Auxiliary, A Modesto Community Connection.
WHEREAS, the AGREEMENT is set to expire on August 8, 2023 and AGENCY and CITY desire to extend the AGREEMENT one (1) year to provide time for DocuSign Envelope ID: A013B066-F82E-4E93-9C31-3FAC5B247101 11th July
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Second Amendment to KKMC Operating Agreement
2 the City to issue a Request for Qualifications for operation of the Facility and amend the AGENCY’s Scope of Services.
NOW, THEREFORE, the parties mutually agree as follows:
1. Section 2. TERM OF AGREEMENT. is amended to read as follows:
“This Agreement shall commence of August 1, 2018 (“Effective Date”) and continue for a period of three (3) years followed by three (3), one-year renewal options for a total length not exceeding six (6) years from Effective Date. The CITY also retains the right to terminate this Agreement, as provided in Section
12.”
2. Section 3. COMPENSATION. is amended to read as follows:
“ AGENCY shall pay to the CITY, for its right to use and operate the FACILITY under this Agreement, the sum of ONE THOUSAND DOLLARS ($1000.00) per month. On each anniversary of the Effective Date, the monthly rent payment shall increase by FIFTY DOLLARS ($50.00) per month, pursuant to the following schedule:
Year 2: $1,050.00 per month
Year 3: $1,100.00 per month
Year 4: $1,150.00 per month
Year 5: $1,200.00 per month
Year 6: $1,250.00 per month
In advance of the first day of each month during the term hereof, these sums shall be payable without notice or demand and without any deduction, DocuSign Envelope ID: A013B066-F82E-4E93-9C31-3FAC5B247101 #15..
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Second Amendment to KKMC Operating Agreement
3 offset, or abatement in lawful money of the United States to the CITY at the address stated herein for notices or to such other person so such other places as the CITY may designate in writing.”
3. Exhibit D – GENERAL INFORMATION shall be amended to read as follows:
“1. Agency understands and agrees to abide by the Parks, Recreation and Neighborhoods (PRN) Facility Use Rules and Regulations.
2. Agency’s regular business hours shall be as follows:
Monday – Friday 8:00 AM – 5:00 PM
Any change to regular business hours must be approved by City with a minimum of 2 weeks’ notice and public posting.
Agency shall be responsible for the scheduling and management of facility usage by the King-Kennedy Memorial Center Board of Directors, NAACP Modesto Stanislaus Branch 1048, and The Women’s Auxiliary, A Modesto Community Connection. The usage of the facility by these nonprofit organizations will be considered Agency use and will be covered by the Agency’s insurance and staffed and secured by Agency personnel.
Agency use of the facility outside normal operating hours for their own purposes, will be permitted for the conducting of Community Services only. All such usage by the Agency shall be covered by Agency’s insurance and staffed and secured by Agency personnel.
Agency shall be responsible for the scheduling and management of all facility usage outside normal operating hours by all other person(s) or organizations. All such usage shall be insured by Agency or by user and staffed and secured by Agency personnel.
Agency shall allow City usage of the facility outside normal operating hours for City Functions.
Agency shall submit hours for Community Service programs to City Representative on a quarterly basis. Agency shall post for public display and perform outreach activities for Community Services at the Facility and provide, at a minimum, program marketing publications detailing programs, services, events, and hours of operations. Agency may, be shall not be limited to, listing activities on Agency website.
DocuSign Envelope ID: A013B066-F82E-4E93-9C31-3FAC5B247101 #15..
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Second Amendment to KKMC Operating Agreement
4 3. City reserves the right to sublease any or part of the Facility. Prior to the execution of a sublease, the City agrees to meet with Agency and a prospective lessee to coordinate activities as the facility. If the sublease results in a reduction of program space available to Agency, City and Agency shall meet to discuss whether this Agreement should be amended to provide for an adjustment of a proportional reduction in the minimum Community Services programmatic requirements imposed by this Agreement. An adjustment shall be set forth in writing and signed by the City and Agency. City Manager, or his designee, or, if applicable, City Council approval, shall be required to approve reductions in the required Community Services Program. At City’s sole discretion, City may approve or request requests form Agency to sublease a portion of the Facility.
4. Agency shall not be required to provide services at the Facility on City holidays and other holidays as listed below:
New Year’s Day
Martin Luther King Day
President’s Day
Memorial Day
Cesar Chavez Day
Juneteenth
Independence Day
Labor Day
Thanksgiving Day
Day After Thanksgiving Day
Christmas Day
Agency shall have the right to close the facility during regular business hours as needed.
5. Agency shall cooperate with City in the conduct of any evaluation of Agency’s services. Agency recognizes and agrees that an evaluation of the Agency’s services may be completed after the expiration of the term of this Agreement.
6. Agency will provide reports to the City on the due dates specified in EXHIBIT B. The reports shall be provided in a format specified by city and contain performance measurement results, workload data, budget expense and revenue data, and adequate narration to describe and support measurement data. The City will provide the reporting templates to Agency.”
DocuSign Envelope ID: A013B066-F82E-4E93-9C31-3FAC5B247101 #15..
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Second Amendment to KKMC Operating Agreement
5 4. Except as modified and amended by this SECOND AMENDMENT to AGREEMENT, all other provisions of the AGREEMENT and the FIRST AMENDMENT, including all exhibits pertaining thereto, shall remain unchanged and in full force and effect.
DocuSign Envelope ID: A013B066-F82E-4E93-9C31-3FAC5B247101 #15..
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Second Amendment to KKMC Operating Agreement
6 IN WITNESS WHEREOF, the CITY OF MODESTO, a municipal
corporation, has authorized the execution of this Second Amendment to Agreement in duplicate by its City Manager and attested by its City Clerk under authority of Resolution No. 2023-____, adopted by the Council of the City of Modesto on the ____ day of ____________, 2023 and West Modesto Community Collaborative, has caused this Second Amendment to Agreement to be duly executed.
Signatures on Following Page
DocuSign Envelope ID: A013B066-F82E-4E93-9C31-3FAC5B247101 353
11th
July
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CITY OF MODESTO,
a municipal corporation
BY: ____________________________
JOSEPH P. LOPEZ, City Manager
ATTEST:
(Seal)
BY: ____________________________
DIANE NAYARES-PEREZ, CMC,
City Clerk
________________________________
BY: ____________________________
By _____________________________
Name Title
BY: ____________________________
By _____________________________
Name Title
APPROVED AS TO FORM:
BY: ____________________________
JOSE M. SANCHEZ, City Attorney
APPROVED AS TO FORM:
BY: ____________________________
JOE F. RODRIGUEZ, Risk Manager
Federal ID # ___________
DocuSign Envelope ID: A013B066-F82E-4E93-9C31-3FAC5B247101 West Modesto Community Collaborative
31-1751288
Perfecto Munoz 08/19/23
Jocelyn Cooper President BOD
8/28/2023
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CITY OF MODESTO
COUNCIL AGENDA REPORT
DATE OF MEETING:
January 28, 2025
Date: December 23, 2024
TO: Mayor and City Council
THROUGH: Joseph P. Lopez, City Manager
FROM: William Wong, Director of Utilities
SUBJECT: Construction Contract with Mid Cal Pipeline & Utilities, Inc.
Bret Harte Neighborhood Strengthen & Replace Water Mains Phase 1B Project CONTACT: Edgar Vargas, Senior Civil Engineer, [email protected], 209-577-5424 DESCRIPTION:
Consider approving the Plans and Specifications for the Bret Harte Neighborhood Strengthen & Replace Water Mains Phase 1B Project, accepting the Bid and Awarding a Construction Contract to Mid Cal Pipeline & Utilities, Inc., of Merced, CA in the amount of $1,731,369, authorizing 15% in contingency (if needed), for a total amount not to exceed $1,991,075, and approving an Agreement with Siegfried Engineering, of Modesto, CA, for Engineering Support During Construction in the amount of $29,800, plus $2,980 in additional services (if needed), for a total amount not to exceed $32,780. (Funding Source: Water Fund) STRATEGIC PLAN ELEMENT:
The recommended action supports the 2020-2025 City of Modesto Strategic Plan Initiatives, Goal D: Provide safe, efficient, and reliable infrastructure through proactive community investment, maintenance, and sustainability efforts.
BACKGROUND:
The existing water mains in the Bret Harte Neighborhood are aging, undersized steel mains which are prone to leaking and low pressures. The Bret Harte Neighborhood Strengthen & Replace Water Mains Phase 1B Project will replace approximately 3,720 linear feet of existing water mains on Butte Ave from Seattle St to Crows Landing Rd, On Seattle St from Butte Ave to Glenn Ave, and on Glenn Ave from Dallas St to Crows Landing Rd.
This project will upgrade the existing system with City standard water mains, valves and fire hydrants. The result of this work will be improved system reliability for the residents along with increased water pressure and fire flows.
On November 29, 2022, the Engineering Division of the Utilities Department entered into a Consultant Agreement, executed by the City Manager, with Siegfried Engineering, Inc., of Modesto, CA to provide Engineering Services for the Bret Harte Neighborhood Strengthen & #16..
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City Council Meeting, January 28, 2025
Construction Contract with Mid Cal Pipeline & Utilities, Inc.
Bret Harte Neighborhood Strengthen & Replace Water Mains Phase 1B Project
Replace Project in the amount of $44,500 for the identified scope of services, plus $4,450 for additional services (if needed), for a total amount not to exceed $48,950.
DISCUSSION:
The project was advertised for bids on October 18, 2024. Bids were publicly opened on November 19, 2024, pursuant to City Charter Section 1307 and Mid Cal Pipeline & Utilities, of Merced, CA, was the responsible bidder with the lowest responsive bid.
Bid Analysis:
Number of Bids Received 10
Number of Bids within 10% of Engineer’s Estimate 6
Number of Bids above the Engineer’s Estimate 2
Number of Bids below the Engineer’s Estimate 8
Percent Low Bid is Below the Engineer’s Estimate 23.22% Mid Cal Pipeline & Utilities, of Merced, CA, was 23.22% below the Engineer’s Estimate. The next lowest bid was 12.99% below the Engineer’s Estimate. Six of the ten bids were within 10% of the Engineer’s Estimate, where eight of the ten bids were below the Engineer’s Estimate. The highest bid was 36.20% above the Engineer’s Estimate. Bidder competition and participation was evident as the City received ten 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 follow the formal bid procedures. The award of a Contract for the construction of the Bret Harte Neighborhood Strengthen & Replace Water Mains Phase 1B to Mid Cal Pipeline & Utilities, of Merced, CA, conforms to the Modesto Municipal Code because the City complied with the formal bid procedures and Mid Cal Pipeline & Utilities, was the lowest responsive and responsible bidder.
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.
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 of this dollar value. However, after reviewing the plans and specifications, and given the nature of this project where unforeseen conditions may exist when dealing with existing construction, and other unaccounted for issues may arise, it is likely that this project could exceed the Director’s Authority of 10% ($173,137) of the Construction Contract amount of $1,731,369. Therefore, Staff is requesting that the Director’s authority to issue change orders be increased to 15% ($259,706) of the Construction Contract amount.
Staff is also proposing to hire Siegfried Engineering, Inc., the Engineer-of-Record, to provide Engineering Support During Construction to ensure construction of the infrastructure meets the original design described in the plans and specifications. #16..
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City Council Meeting, January 28, 2025
Construction Contract with Mid Cal Pipeline & Utilities, Inc.
Bret Harte Neighborhood Strengthen & Replace Water Mains Phase 1B Project
Modesto Municipal Code Section 8-3.203 generally requires all purchases, which meet or exceed $100,000 for material, equipment, or contractual services to follow formal bid procedures.
However, exceptions to the formal bidding process are granted in the Modesto Municipal Code Section 8-3.204(d) “Where the Purchasing Manager, in his or her discretion, determines that a process other than the formal bid procedure set forth in Section 8-3.203 will result in procurement for the City at the lowest possible cost commensurate with the desired quality”.
Here, hiring a different engineering firm would require that firm to become familiar with the project and interpret engineering plans prepared by Siegfried Engineering, which would create inefficiencies and is not a best practice in the field of engineering.
Staff, therefore, recommends that entering into a Consultant Agreement with Siegfried Engineering for Engineering Support During Construction should be exempt from the formal bidding procedures in accordance with Modesto Municipal Code 8-3.204(d).
FISCAL IMPACT:
The total estimated cost for the Construction Phase of this Project is $2,316,992. Expenses associated with this effort are housed in the following Capital Improvement Program Project:
101450 – Bret Harte S&R Water Mains
ANTICIPATED CONSTRUCTION EXPENDITURES:
Construction Contract – Mid Cal Pipeline & Utilities $1,731,369 Construction Contingency (15%) $259,706
Construction Administration – City Staff (10%) $173,137 City Construction Forces $50,000
Engineering/Design/Administration – City Staff $70,000
Engineering Support During Construction – Siegfried Engineering $32,780 TOTAL ANTICIPATED CONSTRUCTION EXPENDITURES: $2,316,992 To fund the Bret Harte Neighborhood Strengthen & Replace Water Mains Phase 1B Project, a budget adjustment in the amount of $678,500 from Water Fund Reserves will be necessary.
COMMITTEE RECOMMENDATION
This item was considered by the Finance Committee at the meeting held on December 16, 2024, where it was recommended that it be forwarded to Council for approval.
CEQA/NEPA REQUIREMENTS:
Environmental review has been provided through a Categorical Exemption under CEQA Section 15301 Class 1(b)(c); 15303 (d).
RECOMMENDED COUNCIL ACTION:
Staff Recommendations:
Resolution approving the Plans and Specifications for the Bret Harte Neighborhood Strengthen & Replace Water Mains Phase 1B Project, accepting the Bid and Awarding a Construction Contract to Mid Cal Pipeline & Utilities, of Merced, CA in the amount of $1,731,369, authorizing the Director of Engineering Services to approve Change Orders up to the cumulative amount of $259,706, #16..
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City Council Meeting, January 28, 2025
Construction Contract with Mid Cal Pipeline & Utilities, Inc.
Bret Harte Neighborhood Strengthen & Replace Water Mains Phase 1B Project
15% of the original contract price, for a total payment amount not to exceed $1,991,075 and authorizing the City Manager, or his designee, to execute the Contract.
Resolution approving an Engineering Support during Construction Agreement with Siegfried Engineering, of Modesto, CA, for the Bret Harte Neighborhood Strengthen & Replace Water Mains Phase 1B Project in the amount of $29,800, plus $2,980 in additional services, if needed, for a total amount not to exceed $32,780 and authorizing the City Manager, or his designee, to execute the Agreement.
Resolution amending the Fiscal Year 2024-25 Capital Improvement Program Budget in the amount of $678,500 to be transferred into the Project from Water Fund Reserves to fund the Bret Harte Neighborhood Strengthen & Replace Water Mains Phase 1B Project and authorizing the City Manager, or his designee, to implement the provision of the Resolution.
Approved by:
William Wong, Director of Utilities
Joseph P. Lopez, City Manager
Attachments:
1. Resolutions (3)
2. Construction Contract – Mid Cal Pipeline & Utilities
3. Bid Results
4. Engineering Support during Construction Agreement and Exhibits – Siegfried Engineering
5. Bid Waiver
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1/28/2024/Utilities/EVargas/Item X 1 2025-XX
MODESTO CITY COUNCIL
RESOLUTION NO. 2025-XX
RESOLUTION APPROVING THE PLANS AND SPECIFICATIONS FOR THE
BRET HARTE NEIGHBORHOOD STRENGTHEN & REPLACE WATER
MAINS PHASE 1B PROJECT, ACCEPTING THE BID AND AWARDING A
CONSTRUCTION CONTRACT TO MID CAL PIPELINE & UTILITIES, OF MERCED, CA IN THE AMOUNT OF $1,731,369, AUTHORIZING THE
DIRECTOR OF ENGINEERING SERVICES TO APPROVE CHANGE ORDERS UP TO THE CUMULATIVE AMOUNT OF $259,706, 15% OF THE ORIGINAL
CONTRACT PRICE, FOR A TOTAL PAYMENT AMOUNT NOT TO EXCEED $1,991,075 AND AUTHORIZING THE CITY MANAGER, OR HIS DESIGNEE,
TO EXECUTE THE CONTRACT
WHEREAS, the existing water mains in the Bret Harte Neighborhood are aging, undersized steel mains which are prone to leaks and low pressure, and WHEREAS, this project will upgrade approximately 3,720 linear feet of water mains, and the associated valves and fire hydrants and
WHEREAS, the result of this work will be improved system reliability, along with increased water pressure and fire flows, and
WHEREAS, the project was advertised for bids on October 18, 2024, and WHEREAS, on November 19, 2024, bids were publicly opened, pursuant to City Charter Section 1307, and ten bids were received, and
WHEREAS, Mid Cal Pipeline & Utilities, of Merced, CA, was 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 follow the formal bid procedures, and
WHEREAS, the award of a Contract for the construction of the Bret Harte Neighborhood Strengthen & Replace Water Mains Phase 1B Project to Mid Cal Pipeline #16..
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1/28/2024/Utilities/EVargas/Item X 2 2025-XX
& Utilities, of Merced, CA, conforms to the Modesto Municipal Code because the City complied with the formal bid procedures and Mid Cal Pipeline & Utilities was the lowest responsive and responsible bidder, and
WHEREAS, the City’s “Change Order Approval Policy” establishes a Contract change order authority of 10% for Construction Contracts of this dollar value. However, after reviewing the plans and specifications, and given the nature of this project where unforeseen conditions may exist when dealing with existing construction, and other unaccounted for issues may arise, the City Council desires to increase the Director’s authority to issue change orders of up to 15% ($259,706) of the Construction Contract amount.
NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Modesto that it hereby approves the plans and specifications for the Bret Harte Neighborhood Strengthen & Replace Water Mains Phase 1B Project, accepts the bid of $1,731,369, authorizes the Director of Engineering Services to approve Change Orders up to the cumulative amount of $259,706, 15% of the original Contract price, for a total payment amount not to exceed $1,991,075, and awards a Construction Contract to Mid Cal Pipeline & Utilities, of Merced, CA.
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. #16..
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1/28/2024/Utilities/EVargas/Item X 3 2025-XX
The foregoing resolution was introduced at a regular meeting of the Council of the City of Modesto held on the 28th day of January, 2025, 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:
DIANA NAYARES-PEREZ, CMC,
City Clerk
(SEAL)
APPROVED AS TO FORM:
BY: ____________________________________
JOSE M. SANCHEZ, City Attorney
#16..
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1/28/2024/Utilities/EVargas/Item X 1 2025-XX
MODESTO CITY COUNCIL
RESOLUTION NO. 2025-XX
RESOLUTION APPROVING AN ENGINEERING SUPPORT DURING
CONSTRUCTION AGREEMENT WITH SIEGFRIED ENGINEERING, OF
MODESTO, CA, FOR THE BRET HARTE NEIGHBORHOOD STRENGTHEN & REPLACE WATER MAINS PHASE 1B PROJECT IN THE AMOUNT OF
$29,800, PLUS $2,980 IN ADDITIONAL SERVICES, IF NEEDED, FOR A TOTAL AMOUNT NOT TO EXCEED $32,780 AND AUTHORIZING THE CITY
MANAGER, OR HIS DESIGNEE, TO EXECUTE THE AGREEMENT
WHEREAS, Siegfried Engineering is the Engineer-of-Record for the Bret Harte Neighborhood Strengthen & Replace Water Mains Phase 1B Project, and WHEREAS, Engineering Support During Construction will be needed from Siegfried Engineering to ensure construction of the facilities meets the original design described in the plans and specifications, 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 follow formal bid procedures, and
WHEREAS, exceptions to the formal bidding process are granted in the Modesto Municipal Code Section 8-3.204(d) “Where the Purchasing Manager, in his or her discretion, determines that a process other than the formal bid procedure set forth in Section 8-3.203 will result in procurement for the City at the lowest possible cost commensurate with the desired quality”, and
WHEREAS, hiring a different engineering firm would require that firm to become familiar with the project and interpret engineering plans prepared by Siegfried Engineering, which would create inefficiencies and is not a best practice in the field of engineering; Staff, therefore recommends an Agreement with Siegfried Engineering for Engineering Support During Construction Services in the amount of $29,800, plus $2,980 #16..
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1/28/2024/Utilities/EVargas/Item X 2 2025-XX
in additional services, if needed, for a total amount not to exceed $32,780 be exempt from the formal bidding procedures in accordance with Modesto Municipal Code 8-3.204(d).
NOW, THEREFORE BE IT RESOLVED by the Council of the City of Modesto that it hereby approves an Engineering Support During Construction Services Agreement with Siegfried Engineering for the Bret Harte Neighborhood Strengthen & Replace Water Mains Phase 1B Project in the amount of $29,800, plus $2,980 for additional services, if needed, for a total amount not to exceed $32,780.
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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1/28/2024/Utilities/EVargas/Item X 3 2025-XX
The foregoing resolution was introduced at a regular meeting of the Council of the City of Modesto held on the 28th day of January 2025, 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
#16..
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1/28/2024/Utilities/EVargas/Item X 1 2025-XX
MODESTO CITY COUNCIL
RESOLUTION NO. 2025-XX
RESOLUTION AMENDING THE FISCAL YEAR 2024-25 CAPITAL
IMPROVEMENT PROGRAM BUDGET IN THE AMOUNT OF $678,500 TO BE
TRANSFERRED INTO THE PROJECT FROM WATER FUND RESERVES TO
FUND THE BRET HARTE NEIGHBORHOOD STRENGTHEN & REPLACE
WATER MAINS PHASE 1B PROJECT AND AUTHORIZING THE CITY
MANAGER, OR HIS DESIGNEE, TO IMPLEMENT THE PROVISIONS OF THE
RESOLUTION
WHEREAS, certain budgetary transactions are necessary in the amount of $678,500, in order to fund the Bret Harte Neighborhood Strengthen & Replace Water Mains Phase 1B Project, and
WHEREAS, the Fiscal Year 2024-25 Capital Improvement Program Budget must be amended.
NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Modesto that it hereby approves the amendment of the Fiscal Year 2024-25 Capital Improvement Program Budget in the amount of $678,500.
BE IT FURTHER RESOLVED that the City Manager, or his designee, is hereby authorized to implement the provisions of this resolution. #16..
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1/28/2024/Utilities/EVargas/Item X 2 2025-XX
The foregoing resolution was introduced at a regular meeting of the Council of the City of Modesto held on the 28th day of January 2025, 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:
DIANA NAYARES-PEREZ, CMC
City Clerk
(SEAL)
APPROVED AS TO FORM:
BY: ____________________________________
JOSE M. SANCHEZ, City Attorney
#16..
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1 City of Modesto
Bret Harte Neighborhood Strength & Replace
Water Mains – Phase 1B (Glenn Ave. & Seattle St.)
CONTRACT
This Agreement, made and entered into in the City of Modesto, County of Stanislaus, State of California, this ______ day of _____________, 2025, by and between the City of Modesto, a municipal corporation of the State of California, hereinafter called City, and MID CAL PIPELINE & Utilities, Inc., an S Corporation, hereinafter called Contractor, R E C I T A L S :
WHEREAS, the City Manager of the City of Modesto, authorized the call for bids, approved the Plans and Specifications prepared under the direction of the Director of Utilities Department for the BRET HARTE NEIGHBORHOOD STRENGTH & REPLACE WATER MAINS – PHASE 1B (GLENN AVE. & SEATTLE ST.) project and directed the City Clerk to advertise for sealed bids for doing said work and providing that bids be submitted on the 19th day of November 2024; and
WHEREAS, the City Clerk, thereafter duly and regularly caused a notice to be published in the manner and for the time prescribed by law; and WHEREAS, Contractor, pursuant to the provisions of said notice duly filed a bid with the City Clerk, a true copy of which is now on file in the office of the City Clerk of the City of Modesto, and is hereby referred to and by this reference made a part hereof as fully as if set forth at length herein; and
WHEREAS, all bids received pursuant to said notice were opened and examined and publicly declared at the time specified in said advertisement for bids and at a regular meeting of the City Council held on the ______ day of ____________, 2025 by Resolution 2025-____ the Council found and declared the bid of Contractor to be the lowest responsive bid and thereupon awarded a Contract to Contractor to do the Work referred to in the aforementioned Plans and Specifications.
#16..
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2 City of Modesto
Bret Harte Neighborhood Strength & Replace
Water Mains – Phase 1B (Glenn Ave. & Seattle St.)
NOW, THEREFORE, the parties hereto mutually agree as follows:
1. SCOPE OF WORK, hereinafter called the Work.
a. Contractor shall furnish all labor, materials and equipment necessary to complete the Work as specified in the Plans and Specifications entitled THE BRET HARTE NEIGHBORHOOD STRENGTH & REPLACE WATER MAINS – PHASE 1B (GLENN AVE. & SEATTLE ST.), City of Modesto, Utilities Department, Project Number 2025-01, and in strict accordance with the conditions of the complete Contract Documents. All incidental Work not included in the Contract Documents or specified herein which is necessary to complete the Work so as to provide the system described, or shown, shall be furnished and installed as part of this Agreement at no additional cost to the City. The Work shall be complete and ready for service as described in the Contract Documents to the satisfaction of the Director of Utilities.
b. Contractor shall do and perform the Work contemplated hereby in a good and workmanlike manner under the direction of and to the satisfaction of the Director of Utilities of the City of Modesto.
c. Contractor shall do and perform the Work contemplated hereby and shall furnish all labor, materials, tools and equipment therefore at the prices herein specified to, wit:
CONTRACTOR’S BID
Item
No.
Item Description Unit of
Measure
Estimated
Quantity
Unit Price Total Price
1 Mobilization/Demobilization LS 1 $100,000.00 $100,000.00 2 Allowance for Stanislaus County
Encroachment Permit
LS 1 $2,000.00 $2,000.00
3 Water Pollution Control Plan
(WPCP)
LS 1 $10,000.00 $10,000.00
#16..
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3 City of Modesto
Bret Harte Neighborhood Strength & Replace
Water Mains – Phase 1B (Glenn Ave. & Seattle St.)
4 Traffic Control/Handling, Signage
and Permitting
LS 1 $18,000.00 $18,000.00
6 Potholing LS 1 $20,000.00 $20,000.00
7 Sawcut Existing Pavement LF 3720 $8.00 $29,760.00
8 Remove Existing Pavement SF 17490 $2.00 $34,980.00
9 Remove and Replace Gravel Swale SF 92 $50.00 $4,600.00 10 Remove and Reconstruct Concrete
Curb
LF 10 $300.00 $3,000.00
11 Remove and Reconstruct Concrete
Sidewalk
SF 76 $50.00 $3,800.00
12 Remove and Reconstruct Stamped
Concrete Median
SF 32 $150.00 $4,800.00
13 Remove and Reconstruct Existing
AC Dike
LF 61 $175.00 $10,675.00
14 6-inch DR18 PVC Pipe (C900) LF 160 $111.00 $17,760.00 15 8-inch DR14 PVC Pipe (C900) LF 1310 $121.00 $158,510.00 16 12-inch DR18 PVC Pipe (C900) LF 615 $151.00 $92,865.00 17 12-inch DR14 PVC Pipe (C900) LF 1635 $161.00 $263,235.00 18 6-inch Gate Valve EA 6 $2,000.00 $12,000.00
19 8-inch Gate Valve EA 7 $2,500.00 $17,500.00
20 12-inch Gate Valve EA 12 $4,800.00 $57,600.00
21 Fire Hydrant Assembly EA 6 $10,000.00 $60,000.00
22 Class II Aggregate Base CY 405 $100.00 $40,500.00
23 Hot Mix Asphalt TONS 380 $290.00 $110,200.00
24 1-inch Water Service, Including
Meter Box
EA 86 $2,200.00 $189,200.00
25 1.5-inch Water Service, Including
Meter Box
EA 2 $3,000.00 $6,000.00
26 2-inch Water Service, Including
Meter Box
EA 1 $4,000.00 $4,000.00
27 Restore Traffic Striping, Markings,
and Signage
LS 1 $47,000.00 $47,000.00
28 Underground Boring of Water
Services (On Private Property)
LF 4515 $63.00 $284,445.00
29 Water Service Reconnection (On
Private Property)
EA 85 $700.00 $59,500.00
30 Type II Slurry Seal SF 40722 $1.30 $52,938.60
31 Abandonment of Water Lines,
Valves, and Services
LS 1 $11,500.00 $11,500.00
TOTAL BID $1,731,368.60
#16..
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4 City of Modesto
Bret Harte Neighborhood Strength & Replace
Water Mains – Phase 1B (Glenn Ave. & Seattle St.)
2. CONTRACT DOCUMENTS. The complete Agreement between the parties consists of the documents listed below, including any addenda to these documents. The documents are complementary and provide for a complete work; if a discrepancy exists, the governing rank of the documents is set forth, in descending order:
a. Executed and signed, written Agreement;
b. Section 00800 Amendments and Supplements to the General Provisions c. All other sections of the Project Specifications;
d. Project Plans;
e. City Standard Details; current edition
f. City Standard Specifications; current edition
g. Revised State Standard Specifications;
h. State Standard Specifications;
i. Revised State Standard Plans;
j. State Standard Plans; and
k. All required Bonds.
All documents specified above are intended to operate so that any component of the Work called for in one and not mentioned in any other, or vice versa, is to be executed the same as if mentioned in all of the documents. The listed documents comprise the Contract Documents.
3. COMMENCEMENT AND COMPLETION OF THE WORK. The Work
contemplated herein shall be commenced on the date specified in the Notice to Proceed for this Agreement. Completion of the work shall comply with the Specification. The Notice to Proceed shall not be issued until the Director of Utilities receives and has on file:
a. Proofs of insurance (approved by City Risk Manager), #16..
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5 City of Modesto
Bret Harte Neighborhood Strength & Replace
Water Mains – Phase 1B (Glenn Ave. & Seattle St.)
b. Bonds (approved by the City Attorney),
c. City of Modesto Business License, and
d. Executed Agreement.
Contractor will not be held responsible for failure to complete the Work within the specified time if delay is due to matters beyond its reasonable control. Contractor shall make all good faith attempts to overcome or to minimize such matters, and to finish the Work in the shortest reasonable amount of time.
4. PAYMENT. Payment for the Work to be done under this Agreement shall be at the price set forth in Section 1 hereof, and in accordance with the Contract Documents, which are incorporated herein by this reference.
5. INDEMNITY. The Contractor shall hold the City, its agents, officers, employees, and volunteers, harmless from and save, defend and indemnify them against any and all claims, losses, liabilities, judgments or damages from every cause, including but not limited to injury to person or property or wrongful death, including reasonable costs and expenses of defense of any judicial or administrative action, arising directly or indirectly out of any negligent or intentional act or omission of Contractor, or its agents, officers, employees, or volunteers relating to or during the performance of its obligations under this Agreement. This provision does not apply to claims, loss, liability, damage or expense arising from (a) the sole negligence or willful misconduct of the City, or (b) the active negligence of the City.
Contractor's obligation to defend, indemnify, and hold the City, its agents, officers, and employees harmless under the provisions of this paragraph is not limited to or restricted by any requirement in this Agreement for Contractor to procure and maintain a policy of insurance.
#16..
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6 City of Modesto
Bret Harte Neighborhood Strength & Replace
Water Mains – Phase 1B (Glenn Ave. & Seattle St.)
6. INSURANCE. During the term of this Agreement, Contractor shall maintain in full force and effect at its own cost and expense the insurance coverage as set forth in Exhibit A, attached hereto and incorporated herein, and shall otherwise comply with the other provisions of Exhibit A. Contractor is responsible for uploading updated insurance documentation to the City’s “PINS Advantage” program.
a. Subcontractors
Contractor shall require and verify that all subcontractors maintain insurance for the duration of the project and through acceptance by City Council.
7. BONDS. The Contractor shall furnish City the following separate surety bonds:
a. Performance Bond. Within 5 business days after receipt of the Notice of Award and prior to commencement of Work, the Contractor shall furnish a separate surety bond in an amount equal to one hundred percent (100%) of the Agreement price, shall be for the faithful performance of the Agreement, shall be approved by City, and shall be secured from a surety or sureties satisfactory to City.
b. Payment Bond. Within 5 business days after receipt of the Notice of Award and prior to commencement of Work, the Contractor shall furnish a separate surety bond in an amount at least equal to one hundred percent (100%) of the Agreement price as security for the payment of all persons for furnishing materials, provisions, or other supplies, or items, used in, upon, for, or about the performance of the Work contracted to be done; or for performing any work or labor thereon of any kind, and for the payment of amounts due under the Unemployment Insurance Code with respect to such work or labor in connection with this Agreement, and for the payment of a reasonable attorney's fee to be fixed by the court in case suit is brought upon the bond.
#16..
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7 City of Modesto
Bret Harte Neighborhood Strength & Replace
Water Mains – Phase 1B (Glenn Ave. & Seattle St.)
c. Warranty Bond. Prior to issuance of a Notice of Completion for the contracted work, Contractor shall file with the City a Warranty Bond or equivalent security in the amount of ten percent (10%) of the estimated cost of the contracted work to guaranty and warranty the contracted work for a period of one (1) year following City Council acceptance thereof against any defective work or labor done, or defective materials furnished.
8. COMPLIANCE WITH ALL LAWS. Contractor hereby agrees that it and all subcontractors, if any, in the performance of the work described, designated and shown upon the Contract Documents herein referred to, will comply with all federal, state, county and municipal laws, rules and regulations which may be applicable to the work herein contracted for, whether now in existence or hereafter adopted.
9. TERMINATION OF AGREEMENT.
Termination by City for Default of Contractor
Should Contractor default in the performance of this Agreement or materially breach any of its provisions, at its option, City may terminate this Agreement by giving written notification to Contractor. The termination date shall be the effective date of the notice. For the purposes of this section, material breach of this Agreement shall include, but not be limited to, any of the following: failure to perform required services or duties, willful destruction of City's property by Contractor, dishonesty or theft. Such termination shall be in accordance with the Contract Documents.
If this Agreement is terminated, Contractor shall cease all its work on the project as of the termination date and shall see to it that its employees, subcontractors and agents are notified of such termination and cease their work.
The Contractor understands and agrees that City may, in City's sole discretion, refuse to pay Contractor for that portion of Contractor's services which were #16..
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8 City of Modesto
Bret Harte Neighborhood Strength & Replace
Water Mains – Phase 1B (Glenn Ave. & Seattle St.)
performed by Contractor on the project prior to the termination date and which remain unacceptable and/or not useful to City as of the termination date.
Termination by City for Convenience
The City may terminate the Contractor's performance under the Agreement, either in whole or in part, at its own discretion or when conditions encountered during the Work make it impossible or impracticable to proceed, or when the City is prevented from proceeding with the Agreement by act of God, by law, or by official action of a public authority, or upon a determination that such termination is in the best interest and convenience of the City, or whenever the City is prohibited from completing the Work for any reason. The City shall provide no less than ten (10) days written notice of its intent to terminate the Agreement for convenience, and shall endeavor to provide the Contractor with consultation with the City prior to termination.
A. Upon receipt of a written Notice of Termination pursuant to this section, the Contractor shall:
1. Cease its work as directed in the Notice of Termination as of the termination date and see to it that its employees, subcontractors and agents are notified of such termination and act as specified in the Notice of Termination;
2. Terminate all orders and Subcontractors except as
necessary to complete any portion of the Work that is not terminated;
3. If directed in writing by the City to do so, assign all right, title and interest in subcontracts and materials in progress to City, in which case the City will have the right at its #16..
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9 City of Modesto
Bret Harte Neighborhood Strength & Replace
Water Mains – Phase 1B (Glenn Ave. & Seattle St.)
discretion to settle, or pay any or all claims arising out of the termination of such subcontractors, but in no event shall recovery by any Contractor or subcontractor include lost profits for portions of the Work not completed or
undertaken, including materials not delivered;
4. Deliver or otherwise make available to the City all data, drawings, specifications, reports, estimates, summaries and such other information and material as may have been
accumulated by the Contractor in performing the Work
whether completed or in process;
5. Settle outstanding liabilities and claims, subject to the approval of City;
6. Complete performance of such part of the Work as has not been terminated;
7. Take such other actions as may be necessary, or as may be directed by the City for the protection and preservation of the Work and/or property related to the Work;
8. If City so requests, and at City's cost, Contractor shall provide sufficient oral or written status reports to make City reasonably aware of the status of Contractor's work on the project.
B. City will pay Contractor an amount based on the percentage of work completed in accordance with the Notice of Termination. The final payment to the Contractor after termination for convenience shall be limited to amounts due and owing under #16..
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10 City of Modesto
Bret Harte Neighborhood Strength & Replace
Water Mains – Phase 1B (Glenn Ave. & Seattle St.)
the Agreement at time of termination, including the following:
1. Any actual costs incurred by the Contractor for restocking charges;
2. The agreed upon price of protecting the Work in any
manner, if any, as directed by the City;
3. The cost of settling and paying valid claims arising out of the termination of the Work such as subcontract
agreements or contracts for materials;
4. The Agreement price allocable to the portion of the Work properly performed or goods supplied by the Contractor as of the date of termination, as determined in accordance with the Notice of Termination, reduced by any sums
previously paid to the Contractor.
C. The City shall have the right to withhold any portion or the whole of the final payment under this provision in the event there are any outstanding Claims for compensation asserted either by the City against the Contractor or by any third party against the City or the Contractor which arise out of the Contractor's work.
Authorization to Terminate Agreement
Termination of the Agreement may be invoked by the City Manager, or his/her designee, subject to the right of the Contractor to appeal the City Manager, or his/her designee’s, decision to the City Council. The Contractor shall appeal by notifying the City Clerk in writing within ten (10) business days of receipt of notification from City to terminate the Agreement. In the event that termination of this Agreement is upheld by the City Council, any valid claims for delay shall be retroactive to the date of termination selected by the City #16..
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11 City of Modesto
Bret Harte Neighborhood Strength & Replace
Water Mains – Phase 1B (Glenn Ave. & Seattle St.)
Manager, or his/her designee.
10. NOTICES. Any notice, payment or instrument required or permitted by this Agreement to be given to either party shall be deemed to have been received when personally delivered, or one calendar week following deposit of the same in any United States Post Office, registered or certified mail, postage prepaid, addressed as follows:
Contractor: Mid Cal Pipeline & Utilities, Inc.
Attn: Joseph Fausone, President
PO Box 2406
Merced, CA 95341
Phone (209) 383-7437
City: City of Modesto
Director of Utilities
P.O. Box 642
Modesto, CA 95353
Phone (209) 577-5444, Fax (209) 522-1780
Each party may change its address for delivery of notice by delivering written notice of such change of address to the other party.
11. WORKFORCE REQUIREMENTS. Contractor included both a signed Local Hire Certification as well as a Skilled and Trained Workforce Certification with its bid, and such certifications are incorporated herein by reference. Contractor shall comply with all applicable requirements, including record keeping requirements, of Articles 7 and 8 of Chapter 3 of the Modesto Municipal Code.
12. EXECUTION OF AGREEMENT. The undersigned signatory(ies) for Contractor warrant(s) and represent(s) that he/she/they is/are legally competent to execute the Agreement and has/have full authority to execute this Agreement.
13. DISPUTE RESOLUTION. All claims, controversies, or disputes arising out of or relating to this Agreement, including its performance by either party, shall be finally resolved by arbitration in accordance with the Contract Documents. #16..
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12 City of Modesto
Bret Harte Neighborhood Strength & Replace
Water Mains – Phase 1B (Glenn Ave. & Seattle St.)
14. MISCELLANEOUS. Time is of the essence of this Agreement. #16..
- 608 -
13 City of Modesto
Bret Harte Neighborhood Strength & Replace
Water Mains – Phase 1B (Glenn Ave. & Seattle St.)
IN WITNESS WHEREOF, the City of Modesto, a municipal corporation, has authorized the execution of this Agreement in duplicate by its City Manager and attestation by its City Clerk under authority of Resolution No. 2025-________ adopted by the Council of the City of Modesto on the _____ day of ___________, 2025, and Contractor has caused this Agreement to be duly executed.
CITY OF MODESTO, MID CAL PIPELINE & UTILITIES, INC.,
A California municipal corporation A S Corporation
By _____________________________ By ________________________________ JOSEPH P. LOPEZ, City Manager Name Title
By ________________________________
Name Title
Federal ID #
ATTEST:
(Seal)
By
DIANE NAYARES-PEREZ, CMC, City Clerk
APPROVED AS TO FORM:
By ________________________________
JOSE M. SANCHEZ, City Attorney
APPROVED AS TO FORM:
By _____________________________________
MATTHEW BRALEY, RISK MANAGER
Revised 11/5/2024
* Corporations - signature of two (2) officers
required or one (1) officer plus corporate seal.
Partnership - signature of a partner required
Sole Proprietorship -
signature of proprietor
required
#16..
- 609 -
City of Modesto
Bret Harte Neighborhood Strength & Replace
Water Mains – Phase 1B (Glenn Ave. & Seattle St.)
Exhibit A:
Insurance Requirements for Construction Contracts
Contractor shall procure and maintain for the duration of the contract, and for 5 years thereafter, insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder and the results of that work by the Contractor, their agents, representatives, employees or subcontractors.
MINIMUM SCOPE AND LIMIT OF INSURANCE
Coverage shall be at least as broad as:
1. Commercial General Liability (CGL): Insurance Services Office Form CG 00 01 covering CGL on an “occurrence” basis, including products and completed operations, property damage, bodily injury and personal & advertising injury with limits no less than $5,000,000 per occurrence. If a general aggregate limit applies, either the general aggregate limit shall apply separately to this project/location (ISO CG 25 03 or 25 04) or the general aggregate limit shall be twice the required occurrence limit.
2. Automobile Liability: Insurance Services Office Form CA 0001 covering Code 1 (any auto), with limits no less than $5,000,000 per accident for bodily injury and property damage.
3. Workers’ Compensation: as required by the State of California, with Statutory Limits, and Employer’s Liability Insurance with limit of no less than $1,000,000 per accident for bodily injury or disease.
4. Builder’s Risk (Course of Construction) insurance utilizing an “All Risk” (Special Perils) coverage form, with limits equal to the completed value of the project and no coinsurance penalty provisions is / is not required.
5. Professional Liability (if Design/Build), with limits no less than $2,000,000 per occurrence or claim, and $2,000,000 policy aggregate.
6. Contractors’ Pollution Legal Liability and/or Asbestos Legal Liability and/or Errors and Omissions (if project involves environmental hazards) with limits no less than $1,000,000 per occurrence or claim, and $2,000,000 policy aggregate.
If the contractor maintains broader coverage and/or higher limits than the minimums shown above, the City requires and shall be entitled to the broader coverage and/or the higher limits maintained by the Contractor. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the City. #16..
- 610 -
City of Modesto
Bret Harte Neighborhood Strength & Replace
Water Mains – Phase 1B (Glenn Ave. & Seattle St.)
Umbrella or Excess Coverage
The Contractor may use Umbrella or Excess Policies to provide the liability limits as required in this agreement. This form of insurance will be acceptable provided that all of the Primary and Umbrella or Excess Policies shall provide all of the insurance coverages herein required, including, but not limited to, primary and non-contributory, additional insured, Self-Insured Retentions (SIRs), indemnity, and defense requirements. The Umbrella or Excess policies shall be provided on a true “following form” or broader coverage basis, with coverage at least as broad as provided on the underlying Commercial General Liability insurance. No insurance policies maintained by the Additional Insureds, whether primary or excess, and which also apply to a loss covered hereunder, shall be called upon to contribute to a loss until the Contractor’s primary and excess liability policies are exhausted.
The insurance policies are to contain, or be endorsed to contain, the following provisions:
Additional Insured Status
The City, its officers, officials, employees, agents, and volunteers are to be covered as additional insureds on the CGL policy with respect to liability arising out of work or operations performed by or on behalf of the Contractor including materials, parts, or equipment furnished in connection with such work or operations. General liability coverage can be provided in the form of an endorsement to the Contractor’s insurance with coverage equal to ISO form CG 2010. For completed operations, a separate endorsement equal to ISO form CG 2037 is required
Primary Coverage
The Additional Insured coverage under the Contractor’s policy shall be “primary and noncontributory” and will not seek contribution from the City’s insurance or self-insurance and shall be at least as broad as CG 20 01 04 13. The City of Modesto does not accept endorsements limiting the Contractor’s insurance coverage to the sole negligence of the Named Insured.
Builder’s Risk (Course of Construction) Insurance
Contractor may submit evidence of Builder’s Risk insurance in the form of Course of Construction coverage. Such coverage shall name the Entity as a loss payee as their interest may appear. If the project does not involve new or major reconstruction, at the option of the Entity, an Installation Floater may be acceptable. For such projects, a Property Installation Floater shall be obtained that provides for the improvement, remodel, modification, alteration, conversion or adjustment to existing buildings, structures, processes, machinery and equipment. The Property Installation Floater shall provide property damage coverage for any building, structure, machinery or equipment damaged, impaired, broken, or destroyed during the performance of the Work, including during transit, installation, and testing at the Entity’s site. #16..
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City of Modesto
Bret Harte Neighborhood Strength & Replace
Water Mains – Phase 1B (Glenn Ave. & Seattle St.)
Claims Made Policies
If any coverage required is written on a claims-made coverage form:
1. The retroactive date must be shown, and this date must be before the execution date of the contract or the beginning of contract work.
2. Insurance must be maintained and evidence of insurance must be provided for at least five (5) years after completion of contract work.
3. If coverage is cancelled or non-renewed, and not replaced with another claims-made policy form with a retroactive date prior to the contract effective, or start of work date, the Contractor must purchase extended reporting period coverage for a minimum of five (5) years after completion of contract work.
4. A copy of the claims reporting requirements must be submitted to the Entity for review.
5. If the services involve lead-based paint or asbestos identification/remediation, the Contractors Pollution Liability policy shall not contain lead-based paint or asbestos exclusions. If the services involve mold identification/remediation, the Contractors Pollution Liability policy shall not contain a mold exclusion, and the definition of Pollution shall include microbial matter, including mold.
Notice of Cancellation
Each insurance policy required above shall provide that coverage shall not be canceled, except with notice to the City.
Waiver of Subrogation
Contractor hereby grants to City a waiver of any right to subrogation which any insurer of said Contractor may acquire against the City by virtue of the payment of any loss under such insurance. Contractor agrees to obtain any endorsement that may be necessary to affect this waiver of subrogation, but this provision applies regardless of whether or not the City has received a waiver of subrogation endorsement from the insurer.
Self-Insured Retentions
All Self-insured retentions must be disclosed to Risk Management for approval and shall not reduce the limits of liability. The City may require the Contractor to purchase coverage with a lower retention or provide proof of ability to pay losses and related investigations, claim administration, and defense expenses within the retention. Any and all deductibles and SIRs shall be the sole responsibility of Contractor or subcontractor who procured such insurance and shall not apply to the Indemnified Additional Insured Parties. #16..
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City of Modesto
Bret Harte Neighborhood Strength & Replace
Water Mains – Phase 1B (Glenn Ave. & Seattle St.)
Acceptability of Insurers
Insurance is to be placed with insurers with a current A.M. Best’s rating of no less than A:VII, unless otherwise acceptable to the City.
Verification of Coverage
Contractor shall furnish the City with original certificates and amendatory endorsements or copies of the applicable policy language effecting coverage required by this clause and a copy of the Declarations and Endorsements Pages of the CGL and any Excess policies listing all policy endorsements. All certificates and endorsements are to be received and approved by the City’s Risk Manager before work commences. However, failure to obtain the required documents prior to the work beginning shall not waive the Contractor’s obligation to provide them. The City reserves the right to require complete, certified copies of all required insurance policies, including endorsements required by these specifications, at any time. City reserves the right to obtain a full certified copy of any insurance policy and endorsements. Failure to exercise this right shall not constitute a waiver of right to exercise later.
Duration of Coverage
CGL & Excess liability policies for any construction related work, including, but not limited to, maintenance, service, or repair work, shall continue coverage for a minimum of 5 years for Completed Operations liability coverage. Such Insurance must be maintained and evidence of insurance must be provided for at least five (5) years after completion of the contract of work.
Special Risks or Circumstances
City reserves the right to modify these requirements, including limits, based on the nature of the risk, prior experience, insurer, coverage, or other special circumstances.
Certificate Holder Address
Proper address for mailing certificates, endorsements and notices shall be:
City of Modesto
Attn: Risk Management
1010 10th Street
Modesto, CA 95354
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Bid Tabulation Wednesday, November 20, 2024
Project Title: Bret Harte Neighborhood S&R - Phase 1B (Glenn Ave. & Seattle St.)
Project ID #: 2025-001
Account #: 101450
Vault ID #: 08-D-01037
Bid Opening: 11/19/2024 at 11:00 AM
Basis of Award: By Base Bid Designer: Siegfried Engineering Design Manager: Edgar Vargas
Project Description: This project will replace approximately 3,720 LF of aged existing water mains within the Bret Harte Neighborhood. Water main replacement will take place on Butte Ave from Seattle St to Crows Landing Rd; On Seattle St from Butte Ave to Glenn Ave; and on Glenn Ave from Dallas St to Crows Landing Rd. Existing water mains in the area are old, undersized steel mains which are prone to leaking and low pressures. This project will replace the existing system with City standard water mains, valves and fire hydrants to improve system reliability, flows and pressure.
Item # Item Description Units Quantity Unit Price Extension Apparent Low Bidder
Mid Cal Pipeline & Utilities, Inc.
(209) 383-7473 P.O. Box 2406, Merced, CA 95344
Base Bid
1 Mobilization/Demobilization LS 1 $100,000.00 $100,000.00 2 Allowance for Stanislaus County Encroachment LS 1 $2,000.00 $2,000.00 Permit
3 Water Pollution Control Plan (WPCP) LS 1 $10,000.00 $10,000.00 4 Traffic Control/Handling, Signage, and LS 1 $18,000.00 $18,000.00 Permitting
5 Shoring, Bracing, and Sheeting LS 1 $5,000.00 $5,000.00 6 Potholing LS 1 $20,000.00 $20,000.00
7 Sawcut Existing Pavement LF 3720 $8.00 $29,760.00
8 Remove Existing Pavement SF 17490 $2.00 $34,980.00
9 Remove and Replace Gravel Swale SF 92 $50.00 $4,600.00 10 Remove and Reconstruct Concrete Curb LF 10 $300.00 $3,000.00 11 Remove and Reconstruct Concrete Sidewalk SF 76 $50.00 $3,800.00 12 Remove and Reconstruct Stamped Concrete SF 32 $150.00 $4,800.00 Median
13 Remove and Reconstruct Existing AC Dike LF 61 $175.00 $10,675.00 14 6-inch DR18 PVC Pipe (C900) LF 160 $111.00 $17,760.00 15 8-inch DR14 PVC Pipe (C900) LF 1310 $121.00 $158,510.00 16 12-inch DR18 PVC Pipe (C900) LF 615 $151.00 $92,865.00 17 12-inch DR14 PVC Pipe (C900) LF 1635 $161.00 $263,235.00 18 6-inch Gate Valve EA 6 $2,000.00 $12,000.00
19 8-inch Gate Valve EA 7 $2,500.00 $17,500.00
20 12-inch Gate Valve EA 12 $4,800.00 $57,600.00
21 Fire Hydrant Assembly EA 6 $10,000.00 $60,000.00
22 Class II Aggregate Base CY 405 $100.00 $40,500.00
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23 Hot Mix Asphalt TONS 380 $290.00 $110,200.00
24 1-inch Water Service, Including Meter Box EA 86 $2,200.00 $189,200.00 25 1.5-inch Water Service, Including Meter Box EA 2 $3,000.00 $6,000.00 26 2-inch Water Service, Including Meter Box EA 1 $4,000.00 $4,000.00 27 Restore Traffic Striping, Markings, and Signage LS 1 $47,000.00 $47,000.00 28 Underground Boring of Water Services (On LF 4515 $63.00 $284,445.00 Private Property)
29 Water Service Reconnection (On Private EA 85 $700.00 $59,500.00 Property)
30 Type II Slurry Seal SF 40722 $1.30 $52,938.60
31 Abandonment of Water Lines, Valves, and LS 1 $11,500.00 $11,500.00 Services
Total: $1,731,368.60
Percent From Engineer's Estimate: -23.22%
United Pavement Maintenance Inc.
(209) 883-4345 PO Box 1017, Hughson, CA 95326
Base Bid
1 Mobilization/Demobilization LS 1 $138,900.00 $138,900.00 2 Allowance for Stanislaus County Encroachment LS 1 $2,000.00 $2,000.00 Permit
3 Water Pollution Control Plan (WPCP) LS 1 $18,045.00 $18,045.00 4 Traffic Control/Handling, Signage, and LS 1 $131,200.00 $131,200.00 Permitting
5 Shoring, Bracing, and Sheeting LS 1 $20,000.00 $20,000.00 6 Potholing LS 1 $31,500.00 $31,500.00
7 Sawcut Existing Pavement LF 3720 $3.50 $13,020.00
8 Remove Existing Pavement SF 17490 $2.50 $43,725.00
9 Remove and Replace Gravel Swale SF 92 $57.00 $5,244.00 10 Remove and Reconstruct Concrete Curb LF 10 $500.00 $5,000.00 11 Remove and Reconstruct Concrete Sidewalk SF 76 $190.80 $14,500.80 12 Remove and Reconstruct Stamped Concrete SF 32 $250.00 $8,000.00 Median
13 Remove and Reconstruct Existing AC Dike LF 61 $197.00 $12,017.00 14 6-inch DR18 PVC Pipe (C900) LF 160 $155.00 $24,800.00 15 8-inch DR14 PVC Pipe (C900) LF 1310 $112.00 $146,720.00 16 12-inch DR18 PVC Pipe (C900) LF 615 $142.00 $87,330.00 17 12-inch DR14 PVC Pipe (C900) LF 1635 $157.00 $256,695.00 18 6-inch Gate Valve EA 6 $1,520.00 $9,120.00
19 8-inch Gate Valve EA 7 $2,250.00 $15,750.00
20 12-inch Gate Valve EA 12 $4,895.00 $58,740.00
21 Fire Hydrant Assembly EA 6 $9,825.00 $58,950.00
22 Class II Aggregate Base CY 405 $176.00 $71,280.00
23 Hot Mix Asphalt TONS 380 $535.00 $203,300.00
24 1-inch Water Service, Including Meter Box EA 86 $2,450.00 $210,700.00 25 1.5-inch Water Service, Including Meter Box EA 2 $4,175.00 $8,350.00 26 2-inch Water Service, Including Meter Box EA 1 $4,475.00 $4,475.00 27 Restore Traffic Striping, Markings, and Signage LS 1 $19,800.00 $19,800.00 28 Underground Boring of Water Services (On LF 4515 $35.00 $158,025.00 Private Property)
29 Water Service Reconnection (On Private EA 85 $1,025.00 $87,125.00 Property)
30 Type II Slurry Seal SF 40722 $1.17 $47,644.74
31 Abandonment of Water Lines, Valves, and LS 1 $50,000.00 $50,000.00 #16..
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Services
Total: $1,961,956.54
Percent From Engineer's Estimate: -12.99%
Rolfe Construction
(209) 358-5548 3573 Southern Pacific Ave., Atwater, CA 95301 Base Bid
1 Mobilization/Demobilization LS 1 $140,000.00 $140,000.00 2 Allowance for Stanislaus County Encroachment LS 1 $2,000.00 $2,000.00 Permit
3 Water Pollution Control Plan (WPCP) LS 1 $65,000.00 $65,000.00 4 Traffic Control/Handling, Signage, and LS 1 $65,000.00 $65,000.00 Permitting
5 Shoring, Bracing, and Sheeting LS 1 $55,000.00 $55,000.00 6 Potholing LS 1 $42,000.00 $42,000.00
7 Sawcut Existing Pavement LF 3720 $8.00 $29,760.00
8 Remove Existing Pavement SF 17490 $3.00 $52,470.00
9 Remove and Replace Gravel Swale SF 92 $128.00 $11,776.00 10 Remove and Reconstruct Concrete Curb LF 10 $1,100.00 $11,000.00 11 Remove and Reconstruct Concrete Sidewalk SF 76 $350.00 $26,600.00 12 Remove and Reconstruct Stamped Concrete SF 32 $750.00 $24,000.00 Median
13 Remove and Reconstruct Existing AC Dike LF 61 $241.00 $14,701.00 14 6-inch DR18 PVC Pipe (C900) LF 160 $165.00 $26,400.00 15 8-inch DR14 PVC Pipe (C900) LF 1310 $92.00 $120,520.00 16 12-inch DR18 PVC Pipe (C900) LF 615 $140.00 $86,100.00 17 12-inch DR14 PVC Pipe (C900) LF 1635 $135.00 $220,725.00 18 6-inch Gate Valve EA 6 $2,154.00 $12,924.00
19 8-inch Gate Valve EA 7 $2,928.00 $20,496.00
20 12-inch Gate Valve EA 12 $4,991.00 $59,892.00
21 Fire Hydrant Assembly EA 6 $14,607.00 $87,642.00
22 Class II Aggregate Base CY 405 $130.00 $52,650.00
23 Hot Mix Asphalt TONS 380 $250.00 $95,000.00
24 1-inch Water Service, Including Meter Box EA 86 $1,822.00 $156,692.00 25 1.5-inch Water Service, Including Meter Box EA 2 $8,777.00 $17,554.00 26 2-inch Water Service, Including Meter Box EA 1 $16,404.00 $16,404.00 27 Restore Traffic Striping, Markings, and Signage LS 1 $31,044.00 $31,044.00 28 Underground Boring of Water Services (On LF 4515 $46.00 $207,690.00 Private Property)
29 Water Service Reconnection (On Private EA 85 $874.00 $74,290.00 Property)
30 Type II Slurry Seal SF 40722 $2.50 $101,805.00
31 Abandonment of Water Lines, Valves, and LS 1 $43,000.00 $43,000.00 Services
Total: $1,970,135.00
Percent From Engineer's Estimate: -12.63%
Knife River Construction
(209) 948-0302 P.O. Box 6099, Stockton, CA 95206
Base Bid
1 Mobilization/Demobilization LS 1 $118,100.00 $118,100.00 2 Allowance for Stanislaus County Encroachment LS 1 $2,000.00 $2,000.00 #16..
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Permit
3 Water Pollution Control Plan (WPCP) LS 1 $61,000.00 $61,000.00 4 Traffic Control/Handling, Signage, and LS 1 $128,500.00 $128,500.00 Permitting
5 Shoring, Bracing, and Sheeting LS 1 $26,000.00 $26,000.00 6 Potholing LS 1 $76,000.00 $76,000.00
7 Sawcut Existing Pavement LF 3720 $6.00 $22,320.00
8 Remove Existing Pavement SF 17490 $0.85 $14,866.50
9 Remove and Replace Gravel Swale SF 92 $41.00 $3,772.00 10 Remove and Reconstruct Concrete Curb LF 10 $480.00 $4,800.00 11 Remove and Reconstruct Concrete Sidewalk SF 76 $100.00 $7,600.00 12 Remove and Reconstruct Stamped Concrete SF 32 $213.00 $6,816.00 Median
13 Remove and Reconstruct Existing AC Dike LF 61 $92.00 $5,612.00 14 6-inch DR18 PVC Pipe (C900) LF 160 $136.00 $21,760.00 15 8-inch DR14 PVC Pipe (C900) LF 1310 $165.00 $216,150.00 16 12-inch DR18 PVC Pipe (C900) LF 615 $212.00 $130,380.00 17 12-inch DR14 PVC Pipe (C900) LF 1635 $231.00 $377,685.00 18 6-inch Gate Valve EA 6 $2,900.00 $17,400.00
19 8-inch Gate Valve EA 7 $3,500.00 $24,500.00
20 12-inch Gate Valve EA 12 $5,700.00 $68,400.00
21 Fire Hydrant Assembly EA 6 $6,300.00 $37,800.00
22 Class II Aggregate Base CY 405 $58.00 $23,490.00
23 Hot Mix Asphalt TONS 380 $230.00 $87,400.00
24 1-inch Water Service, Including Meter Box EA 86 $3,200.00 $275,200.00 25 1.5-inch Water Service, Including Meter Box EA 2 $5,000.00 $10,000.00 26 2-inch Water Service, Including Meter Box EA 1 $12,300.00 $12,300.00 27 Restore Traffic Striping, Markings, and Signage LS 1 $17,000.00 $17,000.00 28 Underground Boring of Water Services (On LF 4515 $26.00 $117,390.00 Private Property)
29 Water Service Reconnection (On Private EA 85 $557.00 $47,345.00 Property)
30 Type II Slurry Seal SF 40722 $1.25 $50,902.50
31 Abandonment of Water Lines, Valves, and LS 1 $61,000.00 $61,000.00 Services
Total: $2,073,489.00
Percent From Engineer's Estimate: -8.04%
D. A. Wood Construction Inc.
(209) 491-4970 P.O. Box 1810, Empire, CA 95319
Base Bid
1 Mobilization/Demobilization LS 1 $100,000.00 $100,000.00 2 Allowance for Stanislaus County Encroachment LS 1 $2,000.00 $2,000.00 Permit
3 Water Pollution Control Plan (WPCP) LS 1 $17,500.00 $17,500.00 4 Traffic Control/Handling, Signage, and LS 1 $45,000.00 $45,000.00 Permitting
5 Shoring, Bracing, and Sheeting LS 1 $9,500.00 $9,500.00 6 Potholing LS 1 $35,000.00 $35,000.00
7 Sawcut Existing Pavement LF 3720 $5.00 $18,600.00
8 Remove Existing Pavement SF 17490 $4.00 $69,960.00
9 Remove and Replace Gravel Swale SF 92 $20.00 $1,840.00 10 Remove and Reconstruct Concrete Curb LF 10 $245.00 $2,450.00 #16..
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11 Remove and Reconstruct Concrete Sidewalk SF 76 $228.00 $17,328.00 12 Remove and Reconstruct Stamped Concrete SF 32 $330.00 $10,560.00 Median
13 Remove and Reconstruct Existing AC Dike LF 61 $72.00 $4,392.00 14 6-inch DR18 PVC Pipe (C900) LF 160 $140.00 $22,400.00 15 8-inch DR14 PVC Pipe (C900) LF 1310 $141.00 $184,710.00 16 12-inch DR18 PVC Pipe (C900) LF 615 $175.00 $107,625.00 17 12-inch DR14 PVC Pipe (C900) LF 1635 $182.00 $297,570.00 18 6-inch Gate Valve EA 6 $3,500.00 $21,000.00
19 8-inch Gate Valve EA 7 $4,500.00 $31,500.00
20 12-inch Gate Valve EA 12 $6,000.00 $72,000.00
21 Fire Hydrant Assembly EA 6 $6,400.00 $38,400.00
22 Class II Aggregate Base CY 405 $146.00 $59,130.00
23 Hot Mix Asphalt TONS 380 $425.00 $161,500.00
24 1-inch Water Service, Including Meter Box EA 86 $3,025.00 $260,150.00 25 1.5-inch Water Service, Including Meter Box EA 2 $4,385.00 $8,770.00 26 2-inch Water Service, Including Meter Box EA 1 $8,300.00 $8,300.00 27 Restore Traffic Striping, Markings, and Signage LS 1 $35,000.00 $35,000.00 28 Underground Boring of Water Services (On LF 4515 $80.00 $361,200.00 Private Property)
29 Water Service Reconnection (On Private EA 85 $750.00 $63,750.00 Property)
30 Type II Slurry Seal SF 40722 $1.36 $55,381.92
31 Abandonment of Water Lines, Valves, and LS 1 $81,200.00 $81,200.00 Services
Total: $2,203,716.92
Percent From Engineer's Estimate: -2.27%
Soracco, Inc.
(209) 267-4030 903 E Lodi, Lodi, CA 95240
Base Bid
1 Mobilization/Demobilization LS 1 $150,000.00 $150,000.00 2 Allowance for Stanislaus County Encroachment LS 1 $2,000.00 $2,000.00 Permit
3 Water Pollution Control Plan (WPCP) LS 1 $3,540.00 $3,540.00 4 Traffic Control/Handling, Signage, and LS 1 $76,700.00 $76,700.00 Permitting
5 Shoring, Bracing, and Sheeting LS 1 $29,500.00 $29,500.00 6 Potholing LS 1 $47,200.00 $47,200.00
7 Sawcut Existing Pavement LF 3720 $3.00 $11,160.00
8 Remove Existing Pavement SF 17490 $4.00 $69,960.00
9 Remove and Replace Gravel Swale SF 92 $88.50 $8,142.00 10 Remove and Reconstruct Concrete Curb LF 10 $147.50 $1,475.00 11 Remove and Reconstruct Concrete Sidewalk SF 76 $59.00 $4,484.00 12 Remove and Reconstruct Stamped Concrete SF 32 $118.00 $3,776.00 Median
13 Remove and Reconstruct Existing AC Dike LF 61 $177.00 $10,797.00 14 6-inch DR18 PVC Pipe (C900) LF 160 $171.10 $27,376.00 15 8-inch DR14 PVC Pipe (C900) LF 1310 $159.30 $208,683.00 16 12-inch DR18 PVC Pipe (C900) LF 615 $188.80 $116,112.00 17 12-inch DR14 PVC Pipe (C900) LF 1635 $177.00 $289,395.00 18 6-inch Gate Valve EA 6 $3,540.00 $21,240.00
19 8-inch Gate Valve EA 7 $4,130.00 $28,910.00
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20 12-inch Gate Valve EA 12 $5,310.00 $63,720.00
21 Fire Hydrant Assembly EA 6 $16,520.00 $99,120.00
22 Class II Aggregate Base CY 405 $118.00 $47,790.00
23 Hot Mix Asphalt TONS 380 $285.00 $108,300.00
24 1-inch Water Service, Including Meter Box EA 86 $4,720.00 $405,920.00 25 1.5-inch Water Service, Including Meter Box EA 2 $6,490.00 $12,980.00 26 2-inch Water Service, Including Meter Box EA 1 $10,620.00 $10,620.00 27 Restore Traffic Striping, Markings, and Signage LS 1 $29,677.00 $29,677.00 28 Underground Boring of Water Services (On LF 4515 $30.00 $135,450.00 Private Property)
29 Water Service Reconnection (On Private EA 85 $1,000.00 $85,000.00 Property)
30 Type II Slurry Seal SF 40722 $1.30 $52,938.60
31 Abandonment of Water Lines, Valves, and LS 1 $59,000.00 $59,000.00 Services
Total: $2,220,965.60
Percent From Engineer's Estimate: -1.50%
R & R Pacific Construction
(530) 219-2070 433 Second St, Woodland, CA 95695
Base Bid
1 Mobilization/Demobilization LS 1 $220,000.00 $220,000.00 2 Allowance for Stanislaus County Encroachment LS 1 $2,000.00 $2,000.00 Permit
3 Water Pollution Control Plan (WPCP) LS 1 $14,000.00 $14,000.00 4 Traffic Control/Handling, Signage, and LS 1 $93,000.00 $93,000.00 Permitting
5 Shoring, Bracing, and Sheeting LS 1 $8,549.16 $8,549.16 6 Potholing LS 1 $35,000.00 $35,000.00
7 Sawcut Existing Pavement LF 3720 $1.00 $3,720.00
8 Remove Existing Pavement SF 17490 $2.00 $34,980.00
9 Remove and Replace Gravel Swale SF 92 $20.00 $1,840.00 10 Remove and Reconstruct Concrete Curb LF 10 $400.00 $4,000.00 11 Remove and Reconstruct Concrete Sidewalk SF 76 $150.00 $11,400.00 12 Remove and Reconstruct Stamped Concrete SF 32 $260.00 $8,320.00 Median
13 Remove and Reconstruct Existing AC Dike LF 61 $35.00 $2,135.00 14 6-inch DR18 PVC Pipe (C900) LF 160 $200.00 $32,000.00 15 8-inch DR14 PVC Pipe (C900) LF 1310 $200.00 $262,000.00 16 12-inch DR18 PVC Pipe (C900) LF 615 $225.00 $138,375.00 17 12-inch DR14 PVC Pipe (C900) LF 1635 $225.00 $367,875.00 18 6-inch Gate Valve EA 6 $3,000.00 $18,000.00
19 8-inch Gate Valve EA 7 $3,500.00 $24,500.00
20 12-inch Gate Valve EA 12 $5,500.00 $66,000.00
21 Fire Hydrant Assembly EA 6 $12,500.00 $75,000.00
22 Class II Aggregate Base CY 405 $250.00 $101,250.00
23 Hot Mix Asphalt TONS 380 $350.00 $133,000.00
24 1-inch Water Service, Including Meter Box EA 86 $2,350.00 $202,100.00 25 1.5-inch Water Service, Including Meter Box EA 2 $6,750.00 $13,500.00 26 2-inch Water Service, Including Meter Box EA 1 $11,500.00 $11,500.00 27 Restore Traffic Striping, Markings, and Signage LS 1 $20,000.00 $20,000.00 28 Underground Boring of Water Services (On LF 4515 $25.00 $112,875.00 Private Property)
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29 Water Service Reconnection (On Private EA 85 $1,000.00 $85,000.00 Property)
30 Type II Slurry Seal SF 40722 $0.72 $29,319.84
31 Abandonment of Water Lines, Valves, and LS 1 $108,000.00 $108,000.00 Services
Total: $2,239,239.00
Percent From Engineer's Estimate: -0.69%
West Valley Construction Co Inc
(408) 371-5510 PO Box 5639, San Jose, CA 95150
Base Bid
1 Mobilization/Demobilization LS 1 $86,000.00 $86,000.00 2 Allowance for Stanislaus County Encroachment LS 1 $2,000.00 $2,000.00 Permit
3 Water Pollution Control Plan (WPCP) LS 1 $3,050.00 $3,050.00 4 Traffic Control/Handling, Signage, and LS 1 $144,000.00 $144,000.00 Permitting
5 Shoring, Bracing, and Sheeting LS 1 $7,500.00 $7,500.00 6 Potholing LS 1 $108,000.00 $108,000.00
7 Sawcut Existing Pavement LF 3720 $3.85 $14,322.00
8 Remove Existing Pavement SF 17490 $1.75 $30,607.50
9 Remove and Replace Gravel Swale SF 92 $9.50 $874.00
10 Remove and Reconstruct Concrete Curb LF 10 $275.00 $2,750.00 11 Remove and Reconstruct Concrete Sidewalk SF 76 $80.00 $6,080.00 12 Remove and Reconstruct Stamped Concrete SF 32 $265.00 $8,480.00 Median
13 Remove and Reconstruct Existing AC Dike LF 61 $125.00 $7,625.00 14 6-inch DR18 PVC Pipe (C900) LF 160 $250.00 $40,000.00 15 8-inch DR14 PVC Pipe (C900) LF 1310 $145.00 $189,950.00 16 12-inch DR18 PVC Pipe (C900) LF 615 $180.00 $110,700.00 17 12-inch DR14 PVC Pipe (C900) LF 1635 $220.00 $359,700.00 18 6-inch Gate Valve EA 6 $3,550.00 $21,300.00
19 8-inch Gate Valve EA 7 $4,200.00 $29,400.00
20 12-inch Gate Valve EA 12 $5,800.00 $69,600.00
21 Fire Hydrant Assembly EA 6 $6,200.00 $37,200.00
22 Class II Aggregate Base CY 405 $50.00 $20,250.00
23 Hot Mix Asphalt TONS 380 $365.00 $138,700.00
24 1-inch Water Service, Including Meter Box EA 86 $3,350.00 $288,100.00 25 1.5-inch Water Service, Including Meter Box EA 2 $4,800.00 $9,600.00 26 2-inch Water Service, Including Meter Box EA 1 $13,700.00 $13,700.00 27 Restore Traffic Striping, Markings, and Signage LS 1 $38,800.00 $38,800.00 28 Underground Boring of Water Services (On LF 4515 $70.50 $318,307.50 Private Property)
29 Water Service Reconnection (On Private EA 85 $700.00 $59,500.00 Property)
30 Type II Slurry Seal SF 40722 $1.25 $50,902.50
31 Abandonment of Water Lines, Valves, and LS 1 $35,300.00 $35,300.00 Services
Total: $2,252,298.50
Percent From Engineer's Estimate: -0.11%
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Flowline Contractors, Inc.
(916) 383-7525 6560 Asher Lane, Sacramento, CA 95828
Base Bid
1 Mobilization/Demobilization LS 1 $91,682.00 $91,682.00 2 Allowance for Stanislaus County Encroachment LS 1 $2,000.00 $2,000.00 Permit
3 Water Pollution Control Plan (WPCP) LS 1 $16,275.00 $16,275.00 4 Traffic Control/Handling, Signage, and LS 1 $45,099.00 $45,099.00 Permitting
5 Shoring, Bracing, and Sheeting LS 1 $38,879.00 $38,879.00 6 Potholing LS 1 $141,500.00 $141,500.00
7 Sawcut Existing Pavement LF 3720 $7.50 $27,900.00
8 Remove Existing Pavement SF 17490 $1.75 $30,607.50
9 Remove and Replace Gravel Swale SF 92 $16.50 $1,518.00 10 Remove and Reconstruct Concrete Curb LF 10 $240.00 $2,400.00 11 Remove and Reconstruct Concrete Sidewalk SF 76 $67.00 $5,092.00 12 Remove and Reconstruct Stamped Concrete SF 32 $86.00 $2,752.00 Median
13 Remove and Reconstruct Existing AC Dike LF 61 $107.00 $6,527.00 14 6-inch DR18 PVC Pipe (C900) LF 160 $212.00 $33,920.00 15 8-inch DR14 PVC Pipe (C900) LF 1310 $161.00 $210,910.00 16 12-inch DR18 PVC Pipe (C900) LF 615 $234.00 $143,910.00 17 12-inch DR14 PVC Pipe (C900) LF 1635 $223.00 $364,605.00 18 6-inch Gate Valve EA 6 $2,655.00 $15,930.00
19 8-inch Gate Valve EA 7 $3,388.00 $23,716.00
20 12-inch Gate Valve EA 12 $5,050.00 $60,600.00
21 Fire Hydrant Assembly EA 6 $10,089.00 $60,534.00
22 Class II Aggregate Base CY 405 $111.00 $44,955.00
23 Hot Mix Asphalt TONS 380 $374.00 $142,120.00
24 1-inch Water Service, Including Meter Box EA 86 $3,792.00 $326,112.00 25 1.5-inch Water Service, Including Meter Box EA 2 $6,387.00 $12,774.00 26 2-inch Water Service, Including Meter Box EA 1 $11,726.00 $11,726.00 27 Restore Traffic Striping, Markings, and Signage LS 1 $40,998.00 $40,998.00 28 Underground Boring of Water Services (On LF 4515 $29.00 $130,935.00 Private Property)
29 Water Service Reconnection (On Private EA 85 $1,090.00 $92,650.00 Property)
30 Type II Slurry Seal SF 40722 $1.51 $61,490.22
31 Abandonment of Water Lines, Valves, and LS 1 $229,106.00 $229,106.00 Services
Total: $2,419,222.72
Percent From Engineer's Estimate: 7.29%
Argonaut Constructors, Inc.
(707) 542-4862 PO Box 639, Santa Rosa, CA 95407
Base Bid
1 Mobilization/Demobilization LS 1 $58,000.00 $58,000.00 2 Allowance for Stanislaus County Encroachment LS 1 $2,000.00 $2,000.00 Permit
3 Water Pollution Control Plan (WPCP) LS 1 $20,000.00 $20,000.00 4 Traffic Control/Handling, Signage, and LS 1 $91,000.00 $91,000.00 Permitting
5 Shoring, Bracing, and Sheeting LS 1 $9,900.00 $9,900.00 #16..
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6 Potholing LS 1 $45,000.00 $45,000.00
7 Sawcut Existing Pavement LF 3720 $3.00 $11,160.00
8 Remove Existing Pavement SF 17490 $2.50 $43,725.00
9 Remove and Replace Gravel Swale SF 92 $105.00 $9,660.00 10 Remove and Reconstruct Concrete Curb LF 10 $1,300.00 $13,000.00 11 Remove and Reconstruct Concrete Sidewalk SF 76 $500.00 $38,000.00 12 Remove and Reconstruct Stamped Concrete SF 32 $1,500.00 $48,000.00 Median
13 Remove and Reconstruct Existing AC Dike LF 61 $195.00 $11,895.00 14 6-inch DR18 PVC Pipe (C900) LF 160 $240.00 $38,400.00 15 8-inch DR14 PVC Pipe (C900) LF 1310 $240.00 $314,400.00 16 12-inch DR18 PVC Pipe (C900) LF 615 $295.00 $181,425.00 17 12-inch DR14 PVC Pipe (C900) LF 1635 $295.00 $482,325.00 18 6-inch Gate Valve EA 6 $4,000.00 $24,000.00
19 8-inch Gate Valve EA 7 $4,600.00 $32,200.00
20 12-inch Gate Valve EA 12 $6,500.00 $78,000.00
21 Fire Hydrant Assembly EA 6 $15,500.00 $93,000.00
22 Class II Aggregate Base CY 405 $195.00 $78,975.00
23 Hot Mix Asphalt TONS 380 $265.00 $100,700.00
24 1-inch Water Service, Including Meter Box EA 86 $5,500.00 $473,000.00 25 1.5-inch Water Service, Including Meter Box EA 2 $7,100.00 $14,200.00 26 2-inch Water Service, Including Meter Box EA 1 $14,500.00 $14,500.00 27 Restore Traffic Striping, Markings, and Signage LS 1 $27,000.00 $27,000.00 28 Underground Boring of Water Services (On LF 4515 $132.00 $595,980.00 Private Property)
29 Water Service Reconnection (On Private EA 85 $600.00 $51,000.00 Property)
30 Type II Slurry Seal SF 40722 $1.00 $40,722.00
31 Abandonment of Water Lines, Valves, and LS 1 $30,000.00 $30,000.00 Services
Total: $3,071,167.00
Percent From Engineer's Estimate: 36.20%
Engineer's Estimate
Base Bid
1 Mobilization/Demobilization LS 1 $50,000.00 $50,000.00 2 Allowance for Stanislaus County Encroachment LS 1 $2,000.00 $2,000.00 Permit
3 Water Pollution Control Plan (WPCP) LS 1 $10,000.00 $10,000.00 4 Traffic Control/Handling, Signage, and Permitting LS 1 $50,000.00 $50,000.00 5 Shoring, Bracing, and Sheeting LS 1 $20,000.00 $20,000.00 6 Potholing LS 1 $100,000.00 $100,000.00
7 Sawcut Existing Pavement LF 3720 $3.00 $11,160.00
8 Remove Existing Pavement SF 17490 $5.00 $87,450.00
9 Remove and Replace Gravel Swale SF 92 $10.00 $920.00
10 Remove and Reconstruct Concrete Curb LF 10 $250.00 $2,500.0000 11 Remove and Reconstruct Concrete Sidewalk SF 76 $35.00 $2,660.00 12 Remove and Reconstruct Stamped Concrete SF 32 $375.00 $12,000.00 Median
13 Remove and Reconstruct Existing AC Dike LF 61 $140.00 $8,540.00 14 6-inch DR18 PVC Pipe (C900) LF 160 $180.00 $28,800.00 15 8-inch DR14 PVC Pipe (C900) LF 1310 $150.00 $196,500.00 16 12-inch DR18 PVC Pipe (C900) LF 615 $185.00 $113,775.00 #16..
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17 12-inch DR14 PVC Pipe (C900) LF 1635 $200.00 $327,000.00 18 6-inch Gate Valve EA 6 $3,000.00 $18,000.00
19 8-inch Gate Valve EA 7 $4,000.00 $28,000.00
20 12-inch Gate Valve EA 12 $5,000.00 $60,000.00
21 Fire Hydrant Assembly EA 6 $15,000.00 $90,000.00
22 Class II Aggregate Base CY 405 $100.00 $40,500.00
23 Hot Mix Asphalt TON 380 $250.00 $95,000.00
24 1-inch Water Service, Including Meter Box EA 86 $4,000.00 $344,000.00 25 1.5-inch Water Service, Including Meter Box EA 2 $4,500.00 $9,000.00 26 2-inch Water Service, Including Meter Box EA 1 $5,700.00 $5,700.00 27 Restore Traffic Striping, Markings, and Signage LS 1 $40,000.00 $40,000.00 28 Underground Boring of Water Services (On LF 4515 $75.00 $338,625.00 Private Property)
29 Water Service Reconnection (On Private EA 85 $1,200.00 $102,000.00 Property)
30 Type II Slurry Seal SF 40722 $1.00 $40,722.00
31 Abandonment of Water Lines, Valves, and LS 1 $20,000.00 $20,000.00 Services
Total: $2,254,852.00
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ENGINEERING SUPPORT DURING CONSTRUCTION AGREEMENT
BRET HARTE NEIGHBORHOOD
STRENGTHEN AND REPLACE WATER MAINS PHASE 1B
THIS AGREEMENT, made and entered into in the City of Modesto, State of California, this ___ day of , 2025, (“Effective Date”) by and between the CITY OF MODESTO, a municipal corporation of the State of California, hereinafter referred to as "City", and SIEGFRIED ENGINEERING, a California corporation, hereinafter referred to as "Consultant".
This Agreement is made with regard to the following recitals:
A. The City has determined that Engineering Support During Construction is necessary for the Bret Harte Neighborhood Strengthen and Replace Water Mains Phase 1B Project.
B. Consultant represents that it is qualified, willing and able to provide Engineering Support During Construction for the Bret Harte Neighborhood Strengthen and Replace Water Mains Phase 1B Project.
NOW, THEREFORE, in consideration of this agreement, and the mutual promises, covenants, and stipulations hereinafter contained, the parties agree as follows:
1. SCOPE OF SERVICES.
Consultant shall undertake and complete the preparation of the scope of work as set forth and described in the documents attached hereto and referred to as Exhibit "A" or "project". The Consultant shall perform the services as described in Exhibit "A" in a manner compatible with the standards of its profession, and shall produce a fully complete project that is acceptable to City.
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2. TERM OF AGREEMENT.
This Agreement is effective as of the date first written above and will continue in effect until City's acceptance of and payment for all services authorized by City and performed by Consultant, unless terminated earlier in accordance with the provisions of the termination clause in this Agreement.
Consultant shall undertake and complete the preparation of the scope of work as set forth and described in the documents commonly referred to as “project” attached hereto as Exhibit "A" and made a part hereof. City hereby gives Consultant notice to proceed with the preparation of the project in the manner described in Exhibit "A", as of the Effective Date of this agreement. Consultant shall diligently proceed with the preparation of the project and agrees to complete said preparation within the time period set forth in Exhibit "A".
3. COMPENSATION.
Consultant agrees to accept a sum not to exceed TWENTY-NINE THOUSAND EIGHT HUNDRED AND 00/100 DOLLARS ($29,800) (maximum compensation) as full remuneration for performing all services and furnishing all staffing and materials for Modesto in accordance with Exhibit "A" attached hereto and for performance by Consultant of all of its duties and obligations under this Agreement, except that additional services may be compensated as described below.
The Compensation shall be paid pursuant in the manner and at the times set forth below:
City shall pay Consultant on a time and materials basis for Consultant’s actual costs for all work called for in Exhibit “A” to this Agreement. All work to be performed under this Agreement shall be billed at the hourly rates set forth in Exhibit “B” attached hereto, #16..
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Consultant shall submit monthly invoices to City which include detailed tasks, hours worked, and billable rates for all work completed, and detailed receipts for any out-of-pocket costs paid by Consultant in connection with work performed on this project.
Additional services may be authorized by the City Manager in an amount up to, but not to exceed 10% of the agreed maximum compensation, or TWO THOUSAND NINE HUNDRED EIGHTY AND 00/100 DOLLARS ($2,980). In the event that additional services are deemed necessary, the Consultant shall provide a written request to the City Manager indicating the reason for additional work, scope and cost of such work. The City Manager shall provide a written response to the request, either approving or denying the additional expenditure. If additional services are requested and approved, they will be billed at the hourly rates set forth in Exhibit “B” and may not exceed the amount requested and approved in writing by the City Manager. In that event, the new total compensation shall not exceed THIRTY-TWO THOUSAND SEVEN HUNDRED EIGHTY AND 00/100 DOLLARS ($32,780). If additional services in excess of this amount are deemed necessary by City Staff, an amendment to this Agreement will be required and must be approved by the City Council prior to commencing the work, as provided in Paragraph 9 of this agreement.
4. OBLIGATIONS OF CONSULTANT.
Throughout the term of this Agreement, Consultant shall possess, or secure all licenses, permits, qualifications and approvals legally required to conduct business.
Consultant warrants that it has all of the necessary professional capabilities and experience, as well as all tools, instrumentalities, facilities and other resources necessary to provide the City with the services contemplated by this Agreement. Consultant further warrants that it will follow the best current, generally accepted and professional practices to make findings, render opinions, #16..
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prepare factual presentations, and provide professional advice and recommendations regarding this project.
5. PERFORMANCE BY KEY EMPLOYEE.
Consultant has represented to City that Adam Merrill, will be the person primarily responsible for the performance of the services referred to in this Agreement. City has entered into this Agreement in reliance on that representation by Consultant. Consultant therefore agrees that ten percent (10%) or more of the time to be devoted to the project that is the subject of this Agreement will be that of the above-named person.
6. OWNERSHIP OF DOCUMENTS/TITLE TO DATA.
Ownership of Documents
All reports, drawings, designs, graphics, working papers and other incidental work or materials furnished hereunder shall become and remain the property of the City, and may be used by City as it may require without any additional cost to City. No reports shall be used by the Consultant for purposes other than this contract without the express prior written consent of City.
Title to Data
If, as a part of the agreement, Consultant is required to produce data such as, but not limited to, drawings, plans, specifications, calculations, models, flow diagrams, visual aids and other related materials, the originals of all such data generated under this agreement will be delivered to City upon the completion or termination of services under the contract.
All materials, documents, data or information obtained from the City data files or any City medium furnished to Consultant in the performance of this Agreement will at all times remain the property of the City. Such data or information may not be used or copied for #16..
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direct or indirect use by Consultant after termination of this Agreement without written consent of the City.
7. NEWS AND INFORMATION RELEASE.
Consultant agrees that it will not issue any news releases in connection with either the award of this Agreement, or any subsequent amendment of or efforts under this Agreement, without first obtaining review and approval of said news releases from City through the City Manager.
8. INTEREST OF CONTRACTOR.
Consultant warrants that it presently has no interest and shall not acquire any interest, direct or indirect, which would conflict in any manner or degree with the performance of services required to be performed under this Agreement. Consultant warrants that, in performance of this Agreement, Consultant shall not employ any person having any such interest. Consultant agrees to file a Statement of Economic Interests with the City Clerk at the start and end of this contract if so required at the option of City.
9. AMENDMENTS.
Both parties to this Agreement understand that it may become desirable or necessary during the execution of this Agreement, for City or Consultant to modify the scope of services provided for under this Agreement. Any material extension or change in the scope of work shall be discussed with City and the change and cost shall be memorialized in a written amendment to the original contract prior to the performance of the additional work.
Until a change order is so executed, City will not be responsible to pay any charges Consultant may incur in performing such additional services, and Consultant shall not be required to perform any such additional services. #16..
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10. INDEPENDENT CONTRACTOR.
All acts of Consultant, its agents, officers, and employees and all others acting on behalf of Consultant relating to the performance of this Agreement, shall be performed as independent contractors and not as agents, officers, or employees of City. Consultant, by virtue of this Agreement, has no authority to bind or incur any obligation on behalf of City.
Consultant has no authority or responsibility to exercise any rights or power vested in the City.
No agent, officer, or employee of the City is to be considered an employee of Consultant. It is understood by both Consultant and City that this Agreement shall not under any circumstances be construed or considered to create an employer-employee relationship or a joint venture.
Consultant, its agents, officers and employees are and, at all times during the terms of this Agreement, shall represent and conduct themselves as independent contractors and not as employees of City.
Consultant shall determine the method, details and means of performing the work and services to be provided by Consultant under this Agreement. Consultant shall be responsible to City only for the requirements and results specified in this Agreement, and, except as expressly provided in this Agreement, shall not be subjected to City's control with respect to the physical action or activities of the Consultant in fulfillment of this Agreement. Consultant has control over the manner and means of performing the services under this Agreement.
Consultant is permitted to provide services to others during the same period service is provided to City under this Agreement. If necessary, Consultant has the responsibility for employing other persons or firms to assist Consultant in fulfilling the terms and obligations under this Agreement.
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If in the performance of this Agreement any third persons are employed by Consultant, such persons shall be entirely and exclusively under the direction, supervision, and control of Consultant. All terms of employment including hours, wages, working conditions, discipline, hiring, and discharging or any other term of employment or requirement of law shall be determined by the Consultant.
It is understood and agreed that as an independent contractor and not an employee of City neither the Consultant or Consultant's assigned personnel shall have any entitlement as a City employee, right to act on behalf of the City in any capacity whatsoever as an agent, or to bind the City to any obligation whatsoever.
It is further understood and agreed that Consultant must issue W-2 forms or other forms as required by law for income and employment tax purposes for all of Consultant's personnel.
As an independent contractor, Consultant hereby indemnifies and holds City harmless from any and all claims that may be made against City based upon any contention by any third party that an employer-employee relationship exists by reason of this Agreement.
11. ASSIGNMENT.
Neither this Agreement nor any portion thereof shall be subcontracted or assigned without the express prior written consent of the City in each and every instance.
12. PATENT/COPYRIGHT MATERIALS.
Unless otherwise expressly provided in the contract, Consultant shall be solely responsible for obtaining the right to use any patented or copyrighted materials in the performance of this Agreement. Consultant shall furnish a warranty of such right to use to City at the request of City.
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13. NOTICES.
Notice required by this Agreement shall be given in writing and shall be deemed given and effective upon receipt provided that such are delivered in accordance with the provisions of this Section. Notices shall be delivered either by: (a) personal delivery (including delivery by an overnight courier service which obtains confirmation of receipt); or (b) by facsimile, provided that such transmission is followed by delivery by an overnight courier service which obtains confirmation of receipt; or (c) postage prepaid, return receipt requested, certified mail; or (d) by electronic transmission subject to reasonable proof that the notice was both transmitted and received. Each such notice shall be sent to the parties at the address respectively set forth below or to such other address as a party may designate by written notice given in accordance with the provisions of this Section:
FOR CONSULTANT: Name: Siegfried Engineering
Address: 100 Sycamore Avenue, #100
Modesto, CA 95354
Attention: Adam Merrill
Phone: (209) 762-3580
Email: [email protected]
FOR CITY: Name: City of Modesto
Address: 1010 10th Street
Suite 4600
Modesto, CA 95354
Attention: Edgar Vargas
Phone: (209) 577-5424
Email: [email protected]
14. INSURANCE REQUIREMENTS.
Insurance. During the term of this Agreement, Contractor shall maintain in full force and effect at its own cost and expense the insurance coverage as set forth in the attached Exhibit (C) to this Agreement and shall otherwise comply with the other provisions of #16..
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Exhibit (C) to this Agreement. The city utilizes a software program “PINS Advantage” where vendor is responsible for uploading and maintaining updated insurance.
15. TERMINATION OF AGREEMENT.
Termination by City for Default of Consultant
Should Consultant default in the performance of this Agreement or materially breach any of its provisions, at its option, City may terminate this Agreement by giving written notification to Consultant. The termination date shall be the effective date of the notice. For the purposes of this section, material breach of this Agreement shall include, but not be limited to, any of the following: failure to perform required services or duties, willful destruction of City's property by Consultant, dishonesty or theft.
Termination by City for Convenience
The City may also terminate the Consultant's performance under the Agreement, either in whole or in part, at its own discretion, or when conditions encountered during the Work make it impossible or impracticable to proceed, or when the City is prevented from proceeding with the Agreement by act of God, by law, or by official action of a public authority, or upon a determination by the City that such termination is in the best interest and convenience of the City, or whenever the City is prohibited from completing the Work for any reason. The City shall provide no less than ten (10) calendar days written notice of its intent to terminate the Agreement for convenience, and shall endeavor to provide the Consultant with consultation with the City prior to termination.
Post-Termination Procedure
Upon receipt of a written notice of termination pursuant to either of the foregoing paragraphs, the Consultant shall:
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a. Cease its work as directed in the notice of termination as of the termination date and see to it that its employees, subconsultants and agents are notified of such termination and act as specified in the notice of termination;
b. Terminate all orders and Subcontractors except as necessary to complete any portion of the Work that is not terminated; c. If directed in writing by the City to do so, assign all right, title and interest in subcontracts and materials in progress to City, in which case the City will have the right at its discretion to settle, or pay any or all claims arising out of the termination of such subconsultants, but in no event shall recovery by any Consultant or subconsultant include lost profits for portions of the Work not completed or undertaken, including materials not delivered; d. Deliver or otherwise make available to the City all data, drawings, specifications, reports, estimates, summaries and such other information and material as may have been accumulated by the Consultant in performing the Work whether completed or in process; e. Settle outstanding liabilities and claims, subject to the approval of City;
f. Complete performance of such part of the Work as has not been terminated;
g. Take such other actions as may be necessary, or as may be directed by the City for the protection and preservation of the Work and/or #16..
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property related to the Work;
h. If City so requests, and at City's cost, Consultant shall provide sufficient oral or written status reports to make City reasonably aware of the status of Consultant's work on the project. i. The Consultant understands and agrees that City may, in City's sole discretion, refuse to pay Consultant for that portion of Consultant's services which were performed by Consultant on the project prior to the termination date and which remain
unacceptable and/or not useful to City as of the termination date.
City will pay Consultant an amount based on the percentage of satisfactory work completed in accordance with the notice of termination. The final payment to the Consultant after termination for convenience shall be limited to amounts due and owing under the Agreement at time of termination, including the following:
a. The cost of settling and paying valid claims arising out of the termination of the Work such as subconsultant agreements or contracts for materials;
b. The Agreement price allocable to the portion of the Work properly performed or goods supplied to the work site by the Consultant as of the date of termination, as determined in accordance with the notice of termination, reduced by any sums previously paid to the Consultant.
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Authorization to Terminate Agreement
Termination of the Agreement may be invoked by the City Manager, or his/her designee, subject to the right of the Consultant to appeal the City Manager, or his/her designee’s, decision to the City Council. The Consultant shall appeal by notifying the City Clerk in writing within ten (10) calendar days of receipt of written notification from City of termination of the Agreement. In the event that termination of this Agreement is upheld by the City Council, any cessation of payment of delay claims, extended claims, Eichleay claims, or any other claims for delay shall be retroactive to the date of termination selected by the City Manager, or his/her designee.
16. CERTIFIED PAYROLL REQUIREMENT.
For consultants performing field work on public works contracts on which prevailing wages are required: The Consultant shall comply with the provisions of Section 1776 of the California Labor Code, regarding payroll records, and shall require its subconsultants and subcontractors to comply with that section as may be required by law.
17. INDEMNITY.
The Consultant shall hold the City, its agents, officers, employees, and volunteers, harmless from and save, defend and indemnify them against any and all claims, losses, liabilities, judgments or damages from every cause, including but not limited to injury to person or property or wrongful death, including reasonable costs and expenses of defense of any judicial or administrative action, arising directly or indirectly out of any negligent or intentional act or omission of Consultant, or its agents, officers, employees, or volunteers relating to or during the performance of its obligations under this Agreement. #16..
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Consultant's obligation to defend, indemnify, and hold the City, its agents, officers, and employees harmless under the provisions of this paragraph is not limited to or restricted by any requirement in this Agreement for Consultant to procure and maintain a policy of insurance.
18. DISPUTE RESOLUTION.
All claims, controversies, or disputes arising out of, or relating to the formation of this Agreement, or the breach, termination execution, enforcement, interpretation, or validity of this Agreement, including the determination of the scope or applicability of this contract provision shall be determined by binding arbitration in Modesto, California by one arbitrator, except as otherwise specified in this Agreement. The American Arbitration Association shall administer the arbitration under its Arbitration Rules then in effect, subject to the modifications of those rules contained in this paragraph. This agreement to arbitrate shall be specifically enforceable under the prevailing law of any court having jurisdiction, and the award rendered by the arbitrator may be entered in any court having jurisdiction. The appropriate venue for any arbitration or court proceeding relating to or arising out of this provision shall be in Stanislaus County, California.
This paragraph is not intended to and does not waive the claim filing requirements found in California Government Code section 900 et seq. In the event that a timely and legally sufficient, arbitrable claim is filed by Consultant with City, and the claim is rejected in whole or in part by City, this paragraph shall result in the conclusive, final, and binding resolution of all the issues presented in the claim by Consultant so long as any issues presented by the claim are arbitrable. Claims rejected by City or by operation of law, shall be submitted by Consultant to arbitration pursuant to the Arbitration Rules of the American Arbitration #16..
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Association within ninety (90) days after mailing of the written rejection by City to Consultant.
Otherwise, the claim or claims shall be deemed waived in their entirety.
The “fast track’ rules of the American Arbitration Association shall apply to any claim or counterclaim less than ONE HUNDRED FIFTY THOUSAND AND 00/100 ($150,000.00) DOLLARS. In arbitration not proceeding under the “fast track” rules, the arbitrator shall have the power to order that depositions be taken and other discovery be made.
Both City and Consultant shall have the right, upon written notice, to take no more than three (3) depositions of the other as a matter of right in an arbitration proceeding under the “fast track” rules.
Whether or not City and Consultant may be engaged in interstate commerce, any controversy or dispute mentioned above shall be determined by, and the parties shall be bound by, the substantive law of the State of California, and not the Federal Arbitration Act at 9 USC Section 1 et seq.
The arbitrator may grant any remedy or relief deemed by the arbitrator just and equitable under the circumstances, whether or not such relief could be awarded in a court of law. The arbitrator shall be empowered to award monetary sanctions against a party for failure of cooperation in the arbitration. The arbitrator shall, in written award, allocate all the costs of the arbitration, including the fees of the arbitrator and the reasonable attorney fees of the prevailing party, against the party who did not prevail. The prevailing party shall be the party in whose favor the majority of the central issues in the case are resolved.
Notwithstanding anything in this provision to the contrary, the arbitrator shall have no power to award punitive damages or other damages not measured by the party’s actual damages (excluding litigation costs and fees) against any party. This limitation of the #16..
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arbitrator’s powers under this Agreement shall not operate as an exclusion of the issue of punitive damages from this Agreement to Arbitrate sufficient to vest jurisdiction in a court with respect to that issue.
Consultant shall include in all subcontracts a specification whereby the subcontractor consents to being joined in an arbitration between City and Consultant involving the work of the subcontractor to be joined. Consultant’s failure to do so shall be a breach of this Agreement.
The parties hereby waive any rights provided by Title 9.2 of the California Code of Civil Procedure, Section 1296. The arbitrator’s award shall be deemed final, conclusive and binding to the fullest extent allowed by California law.
19. ENTIRE AGREEMENT.
This Agreement and its exhibits contain the entire understanding between Consultant and City. Additional or new terms contained in this Agreement which vary from Consultant's proposal are controlling and are deemed accepted by Consultant by shipment of any article or other commencement of performance hereunder. All previous proposals, offers and communications relative to this Agreement, whether oral or written, are hereby superseded except to the extent that they have been incorporated into this Agreement. No future waiver of or exception to any of the terms, conditions, and provisions of this Agreement shall be considered valid unless specifically agreed to in writing by all the parties.
20. PARTIAL INVALIDITY.
If any provision in this Agreement is held by a court of competent jurisdiction to be invalid, void, or unenforceable, the remaining provisions shall nevertheless continue in full force without being impaired or invalidated in any way. #16..
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21. WAIVER.
The waiver by any party to this Agreement of a breach of any provision hereof shall be in writing and shall not operate or be construed as a waiver of any other or subsequent breach hereof unless specifically stated in writing.
22. AUDIT.
The City's duly authorized representative shall have access at all reasonable times to all reports, contract records, contract documents, contract files, and personnel necessary to audit and verify Consultant's charges to City under this Agreement.
Consultant agrees to retain reports, records, documents, and files related to charges under this Agreement for a period of four (4) years following the date of final payment for Consultant services. City's representative shall have the right to reproduce any of the aforesaid documents.
23. GOVERNING LAW.
This Agreement shall be governed according to the laws of the State of California.
24. HEADINGS NOT CONTROLLING.
Headings used in the Agreement are for reference purposes only and shall not be considered in construing this Agreement.
25. COMPLIANCE WITH LAWS.
Consultant shall insure compliance with all safety and hourly requirements for employees, in accordance with federal, state, and county safety and health regulations and laws. Consultant shall fully comply with all applicable federal, state, and local laws, ordinances, regulations and permits.
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26. CITY BUSINESS LICENSE.
Consultant will have a City of Modesto business license.
IN WITNESS WHEREOF, the City of Modesto, a municipal corporation, has authorized the execution of this Agreement in duplicate by its City Manager and attestation by its City Clerk under authority of Resolution No. 2025- __ , adopted by the Council of the City of Modesto on the __ day of , 2025, and Siegfried Engineering has caused this agreement to be duly executed in duplicate as of the Effective Date. #16..
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Stockton San Jose Sacramento Modesto
3428 Brookside Rd. 111 N. Market St., #300 1164 National Dr. #20 100 Sycamore Ave, #100 Stockton, CA 95219 San Jose, CA 95113 Sacramento, CA 95834 Modesto, CA 95354 t: 209.943.2021 t: 408.754.2021 t: 916.520.2777 t: 209.762.3580 F:\22projects\22282 City of Modesto Bret Harte Water Line\Working Documents\Contracts and Proposals\22282 City of Modesto Water Line Design Support During Construction V1.docx October 15, 2024
Edgar Vargas
City of Modesto, Utilities Department
1010 10th Street, #2100
Modesto, CA 95354
RE: BRET HARTE NEIGHBORHOOD – WATER LINE REPLACMENT FOR CITY OF MODESTO
PROPOSAL FOR PROFESSIONAL DESIGN SERVICES
Dear Edgar;
We appreciate the opportunity to continue working on this project. The City has asked we add design support during construction to our scope therefore a task was added to account for this. We ask for our budget to be adjusted to cover the additional coordination meetings, review time and overall effort.
I. Scope of Work
Siegfried Engineering, Inc. (Siegfried) will provide civil engineering services to City of Modesto (Client) for the Bret Harte Neighborhood Water Line Replacement (Project) in Modesto, California including the following services:
Task 1 – Design Support During Construction
1. Attend pre‐construction meeting & up to six construction progress meetings.
2. Review and respond to contractor inquiries during construction, including Requests for Information (RFI).
3. Review and approve contractor submittals and shop drawings.
4. Provide on-site field support services to assist the City with engineering design & coordination of field activities. Will attend site meetings through substantial completion, as requested.
5. Prepare record drawings based on marked‐up as‐built plans provided by the contractor.
DELIVERABLES:
• Approved Submittals (PDF file)
• RFI Responses (PDF file)
• Record Drawings (Mylar hard copy, CAD & PDF files)
II. Fee Proposal
Task Description Total
1 Design Support During Construction $29,800
TOTAL ADDED FEE $29,800
If you have any questions regarding this proposal, please do not hesitate to call me directly.
Sincerely,
____________________________
Adam K. Merrill, P.E., QSD, QSP
CE 76826
SIEGFRIED
EXHIBIT A
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DESIGN.
INNOVATION.
SUCCESS.
CONTACT INFORMATION
» Stockton (corporate office)
3428 Brookside Road,
Stockton, CA 95219
t | 209.943.2021
f | 209.942.0214
» Modesto
100 Sycamore Avenue,
Suite 100
Modesto, CA 95354
t | 209.762.3580
» Sacramento
1164 National Drive,
Suite 20
Sacramento CA, 95834
t | 916.520.2777
» San Jose
111 North Market Street,
Suite 300
San Jose, CA 95113
t | 408.754.2021
Siegfried Office - Stockton, CA
Professional Classification Hourly Rate
Managing Principal ................................................................................................$280 Principal ................................................................................................................$250 Design Principal.....................................................................................................$240 Senior Associate.....................................................................................................$221 Associate ...............................................................................................................$196 Project Engineer.....................................................................................................$186 Engineer II .............................................................................................................$171 Engineer I ..............................................................................................................$152 Associate Engineer Technician ...............................................................................$194 Lab Technician ......................................................................................................$157 Project Landscape Architect...................................................................................$184 Landscape Architect II ...........................................................................................$158 Landscape Architect I ............................................................................................$132 Project Land Surveyor ............................................................................................$186 Surveyor II .............................................................................................................$169 Surveyor I ..............................................................................................................$148 Survey Crew, 2 Person ...........................................................................................$301 Survey Crew, 1 Person ...........................................................................................$199 Survey Party Chief..................................................................................................$227 Instrumentman ......................................................................................................$193 Chainmen/Rodman................................................................................................$163 BIM Manager.........................................................................................................$167 Senior Technician ..................................................................................................$148 Technician III .........................................................................................................$132 Technician II ..........................................................................................................$112 Technician I ...........................................................................................................$ 97 Expert Witness .......................................................................................................$427 Clerical ..................................................................................................................$ 86 Reimbursable Expenses
Printing, Copying, Materials, Etc...................................................................Cost + 10% Mileage..................In accordance with Federal Standard Mileage Reimbursement Rates
CHARGE RATE SCHEDULE
Notes
1. Instrumentman and Chainmen rates apply to services requiring Prevailing Wage Rates for work performed at the job site.
2. These rates are effective 8/1/2024 and are subject to periodic adjustments.
CIVIL ■ STRUCTURAL ■ GEOTECHNICAL ■ SURVEY ■ LANDSCAPE ■ PARTNERING ■ ATHLETICS 3428 Brookside Road, Stockton, CA 95219 ■ t | 209.943.2021 f | 209.942.0214 ■ siegfriedeng.com
EXHIBIT B
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1 Exhibit C:
Insurance Requirements for Professional Services
Contractor shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder and the results of that work by the Contractor, his agents, representatives, employees or subcontractors.
MINIMUM SCOPE AND LIMIT OF INSURANCE
Coverage shall be at least as broad as:
1. Commercial General Liability (CGL): Insurance Services Office Form CG 00 01 covering CGL on an “occurrence” basis, including products and completed operations, property damage, bodily injury and personal & advertising injury with limits no less than $1,000,000 per occurrence. If a general aggregate limit applies, either the general aggregate limit shall apply separately to this project/location (ISO CG 25 03 or 25 04) or the general aggregate limit shall be twice the required occurrence limit.
2. Automobile Liability: ISO Form Number CA 00 01 covering any auto (Code 1), or if Contractor has no owned autos, hired, (Code 8) and non-owned autos (Code 9), with limit no less than $1,000,000 per accident for bodily injury and property damage.
3. Workers’ Compensation: as required by the State of California, with Statutory Limits, and Employer’s Liability Insurance with limit of no less than $1,000,000 per accident for bodily injury or disease. (Not required if consultant provides written verification it has no employees)
4. Professional Liability (Errors and Omissions) Insurance appropriates to the Consultant’s profession, with limit no less than $2,000,000 per occurrence or claim, $2,000,000 aggregate.
If the contractor maintains broader coverage and/or higher limits than the minimums shown above, the City of Modesto requires and shall be entitled to the broader coverage and/or the higher limits maintained by the contractor. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the City of Modesto.
Umbrella or Excess Coverage
The Contractor may use Umbrella or Excess Policies to provide the liability limits as required in this agreement.
This form of insurance will be acceptable provided that all of the Primary and Umbrella or Excess Policies shall provide all of the insurance coverages herein required, including, but not limited to, primary and noncontributory, additional insured, Self-Insured Retentions (SIRs), indemnity, and defense requirements. The Umbrella or Excess policies shall be provided on a true “following form” or broader coverage basis, with coverage at least as broad as provided on the underlying Commercial General Liability insurance. No insurance policies maintained by the Additional Insureds, whether primary or excess, and which also apply to a loss covered hereunder, shall be called upon to contribute to a loss until the Contractor’s primary and excess liability policies are exhausted.
The insurance policies are to contain, or be endorsed to contain, the following provisions:
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2 Additional Insured Status
The City of Modesto, its officers, officials, employees, and volunteers are to be covered as additional insureds on the CGL policy with respect to liability arising out of work or operations performed by or on behalf of the Contractor including materials, parts, or equipment furnished in connection with such work or operations.
General liability coverage can be provided in the form of an endorsement to the Contractor’s insurance with coverage equal to ISO form CG 2010. If Completed Operations endorsement is required, a separate endorsement equal to ISO form CG 2037 is required.
Primary Coverage
The Additional Insured coverage under the Contractor’s policy shall be “primary and non-contributory” and will not seek contribution from the City’s insurance or self-insurance and shall be at least as broad as CG 20 01 04 13. The City of Modesto does not accept endorsements limiting the Contractor’s insurance coverage to the sole negligence of the Named Insured.
Notice of Cancellation
Each insurance policy required above shall provide that coverage shall not be canceled, except with notice to the City of Modesto.
Waiver of Subrogation
Contractor hereby grants to City of Modesto a waiver of any right to subrogation which any insurer of said Contractor may acquire against the City of Modesto by virtue of the payment of any loss under such insurance.
Contractor agrees to obtain any endorsement that may be necessary to affect this waiver of subrogation, but this provision applies regardless of whether or not the City of Modesto has received a waiver of subrogation endorsement from the insurer.
Self-Insured Retentions
All Self-insured retentions must be disclosed to Risk Management for approval and shall not reduce the limits of liability. The City of Modesto may require the Contractor to purchase coverage with a lower retention or provide proof of ability to pay losses and related investigations, claim administration, and defense expenses within the retention. Any and all deductibles and SIRs shall be the sole responsibility of Contractor or subcontractor who procured such insurance and shall not apply to the Indemnified Additional Insured Parties.
Acceptability of Insurers
Insurance is to be placed with insurers with a current A.M. Best’s rating of no less than A:VII, unless otherwise acceptable to the City of Modesto.
Claims Made Policies (applicable to Professional Liability only) If any of the required policies provide claims-made coverage:
1. The Retroactive Date must be shown and must be before the date of the contract or the beginning of contract work.
2. Insurance must be maintained, and evidence of insurance must be provided for at least five (5) years after completion of the contract of work.
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3 3. If coverage is canceled or non-renewed, and not replaced with another claims-made policy form with a Retroactive Date prior to the contract effective date, the Contractor must purchase “extended reporting” coverage for a minimum of five (5) years after completion of work.
Verification of Coverage
Contractor shall furnish the City of Modesto with original certificates and amendatory endorsements or copies of the applicable policy language effecting coverage required by this clause and a copy of the Declarations and Endorsements Pages of the CGL and any Excess policies listing all policy endorsements. All certificates and endorsements are to be received and approved by the City of Modesto Risk Services before work commences.
However, failure to obtain the required documents prior to the work beginning shall not waive the Contractor’s obligation to provide them. The City of Modesto reserves the right to require complete, certified copies of all required insurance policies, including endorsements required by these specifications, at any time. City reserves the right to obtain a full certified copy of any insurance policy and endorsements. Failure to exercise this right shall not constitute a waiver of right to exercise later.
Subcontractors
Contractors shall require and verify that all subcontractors, or other parties hired for this work, purchase and maintain coverage for indemnity and insurance requirements as least as broad as specified in this agreement to the extent they apply to the scope of the subcontractor’s work with the same certificate of insurance requirements and naming as additional insureds all parties to this contract.
Special Risks or Circumstances
City of Modesto reserves the right to modify these requirements, including limits, based on the nature of the risk, prior experience, insurer, coverage, or other special circumstances.
Certificate Holder Address
Proper address for mailing certificates, endorsements and notices shall be:
City of Modesto
Attn: Risk Management
1010 10th Street
Modesto, CA 95354
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CITY OF MODESTO
COUNCIL AGENDA REPORT
DATE OF MEETING:
January 28, 2025
Date: December 24, 2024
TO: Mayor and City Council
THROUGH: Joseph P. Lopez, City Manager
FROM: William Wong, Director of Utilities
SUBJECT: Amended and Restated Agreement with Stanislaus County West Modesto Sewer Infrastructure Project
Spencer/Marshall Neighborhood - County Area 7
CONTACT: Miguel Alvarez, Associate Engineer
[email protected], 209-577-5348
DESCRIPTION:
Consider approving an Amended and Restated Memorandum of Agreement with Stanislaus County for the West Modesto Sewer Infrastructure Project: Spencer/Marshall Neighborhood – County Area 7. (Funding Source: Wastewater Fund)
STRATEGIC PLAN ELEMENT:
The recommended action supports the 2020-2025 City of Modesto Strategic Plan Initiatives, Goal D: Provide safe, efficient, and reliable infrastructure through proactive community investment, maintenance, and sustainability efforts.
BACKGROUND:
The Spence/Marshall Neighborhood – County Area 7 is an unincorporated, disadvantaged community comprised of approximately 114 parcels that rely solely on septic systems for the treatment of domestic wastewater.
The City owns and operates a sanitary sewer system adjacent to this area and is prepared to provide wastewater service to the Spencer/Marshall Neighborhood – County Area 7 in collaboration with Stanislaus County in an effort to lessen or eliminate the need for septic systems in the areas adjacent the City and to mitigate health and environmental hazards that can be caused by untreated wastewater.
On September 3, 2019, by Resolution No. 2019-398, Council approved an Agreement with Stanislaus County for Engineering Review and Construction Inspection Services Relating to the West Modesto County Area 7 Sewer Infrastructure Project. #17..
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City Council Meeting, January 28, 2025
Amended and Restated Agreement with Stanislaus County
West Modesto Sewer Infrastructure Project
Spencer/Marshall Neighborhood – County Area 7
DISCUSSION:
Under the Amended and Restated Agreement, the County and City will agree to expand the County Project to include the City’s Septic to Sewer Program, contingent upon the County’s ability to secure appropriate funding for the Project and Program.
The County will be responsible for the design and construction of the improvements in the public right-of-way at no cost to the City and upon completion of the Project the County will transfer ownership of the infrastructure to the City to maintain and operate. Once connected, these property owners will pay the City’s sewer fees.
The City Program will cover the costs associated with the on-site (private property) improvements consisting of installing service laterals and the abandonment and/or removal of septic tanks. Property owners will be required to sign a Right of Entry Agreement acknowledging that their participation in the Program is voluntary and that they agree to hold harmless the State of California, City, and other Authorized Parties against any and all claims, except claims that arise as a result of gross negligence or willful misconduct.
City Staff will also commit to providing engineering and construction administration services for both the Project and Program.
FISCAL IMPACT:
The County Area 7 – Septic to Sewer Program expenses will be housed in the following MultiYear Project:
101641 Septic to Sewer – Area 7
ANTICIPATED PROGRAM EXPENDITURES
Construction $2,040,000
Construction Administration – City Staff $48,966
Connection and Permit Fees $520,540
Engineering Support During Construction – City Staff $84,000 $2,693,506
A budget adjustment in the amount of $2,693,506 will be necessary from Wastewater Reserves to fund the Construction Phase of the Septic to Sewer Program - County Area 7.
Reimbursement for the Project and Program will be facilitated by the County. The County will be responsible for submitting a grant application to the State Water Resources Control Board for financing through the Clean Water State Revolving Fund and entering into the subsequent funding agreement.
COMMITTEE RECOMMENDATION:
The original Agreement dated September 3, 2019, was considered by the Economic Development Committee at the meeting held on August 7, 2019, where it was recommended that it be forwarded to Council for approval.
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City Council Meeting, January 28, 2025
Amended and Restated Agreement with Stanislaus County
West Modesto Sewer Infrastructure Project
Spencer/Marshall Neighborhood – County Area 7
CEQA/NEPA REQUIREMENTS:
The County will be conducting the environmental review and preparing the necessary reports in support of the Project and Program.
RECOMMENDED COUNCIL ACTION:
Staff Recommendations:
Resolution approving an Amended and Restated Memorandum of Agreement with Stanislaus County for the West Modesto Sewer Infrastructure Project: Spencer/Marshall Neighborhood – County Area 7 and authorizing the City Manager, or his designee, to execute the Agreement.
Resolution approving an Amendment to the Fiscal Year 2024-25 Multi-Year Program Budget in the amount of $2,693,506 from Wastewater Reserves to fund the Construction Phase of the Septic to Sewer Program – County Area 7 and authorizing the City Manager, or his designee, to implement the provisions of the Resolution.
Approved by:
William Wong, Director of Utilities
Joseph P. Lopez, City Manager
Attachments:
1. Resolutions (2)
2. Agreement with Stanislaus County
West Modesto Sewer Infrastructure Project
Spencer/Marshall Neighborhood – County Area 7
3. Amended and Restated Agreement with Stanislaus County West Modesto Sewer Infrastructure Project
Spencer/Marshall Neighborhood – County Area 7 & attachment A #17..
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01/28/2025/Utilities/MAlvarez/Item X 1 2025-XX
MODESTO CITY COUNCIL
RESOLUTION NO. 2025-XX
RESOLUTION APPROVING AN AMENDED AND RESTATED
MEMORANDUM OF AGREEMENT WITH STANISLAUS COUNTY FOR THE
WEST MODESTO SEWER INFRASTRUCTURE PROJECT:
SPENCER/MARSHALL NEIGHBORHOOD – COUNTY AREA 7 AND
AUTHORIZING THE CITY MANAGER, OR HIS DESIGNEE, TO EXECUTE
THE AGREEMENT
WHEREAS, the Spence/Marshall Neighborhood – County Area 7 is an unincorporated, disadvantaged community comprised of approximately 114 parcels that rely solely on septic systems for the treatment of domestic wastewater, and WHEREAS, the City owns and operates a sanitary sewer system adjacent to this area and is prepared to provide wastewater service to the Spencer/Marshall Neighborhood – County Area 7 in collaboration with Stanislaus County in an effort to lessen or eliminate the need for septic systems in the areas adjacent the City and to mitigate health and environmental hazards that can be caused by untreated wastewater, and
WHEREAS, on September 3, 2019, by Resolution No. 2019-398, Council approved an Agreement with Stanislaus County for Engineering Review and Construction Inspection Services Relating to the West Modesto County Area 7 Sewer Infrastructure Project; and
WHEREAS, under the Amended and Restated Agreement, the County and City will agree to expand the County Project to include the City’s Septic to Sewer Program; Contingent upon the County’s ability to secure appropriate funding for the Project and Program, and
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01/28/2025/Utilities/MAlvarez/Item X 2 2025-XX
WHEREAS, the County will be responsible for the design and construction of the improvements in the public right-of-way at no cost to the City and upon completion of the Project the County will transfer ownership of the infrastructure to the City to maintain and operate, and
WHEREAS, the City Program will cover the costs associated with the on-site (private property) improvements consisting of installing service laterals and the abandonment and/or removal of septic tanks, and
WHEREAS, reimbursement for the Project and Program will be facilitated by the County, and
WHEREAS, the County will be responsible for submitting a grant application to the State Water Resources Control Board for financing through the Clean Water State Revolving Fund and entering into the subsequent funding agreement.
NOW, THEREFORE BE IT RESOLVED by the Council of the City of Modesto that it hereby approves an Amended and Restated Memorandum of Agreement with Stanislaus County for the West Modesto Sewer Infrastructure Project: Spencer/Marshall Neighborhood – County Area 7.
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. #17..
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01/28/2025/Utilities/MAlvarez/Item X 3 2025-XX
The foregoing resolution was introduced at a regular meeting of the Council of the City of Modesto held on the 28th day of January 2025, 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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01/28/2025/Utilities/MAlvarez/Item X 1 2025-XX
MODESTO CITY COUNCIL
RESOLUTION NO. 2025-XX
RESOLUTION APPROVING AN AMENDMENT TO THE FISCAL YEAR 2024- 25 MULTI-YEAR PROGRAM BUDGET IN THE AMOUNT OF $2,693,506
FROM WASTEWATER RESERVES TO FUND THE CONSTRUCTION PHASE OF THE SEPTIC TO SEWER PROGRAM – COUNTY AREA 7 AND
AUTHORIZING THE CITY MANAGER, OR HIS DESIGNEE, TO IMPLEMENT
THE PROVISIONS OF THE RESOLUTION
WHEREAS, certain budgetary transactions are necessary in the amount of $2,693,506, in order to fund the Septic to Sewer Program - Spencer/Marshall Neighborhood – County Area 7, and
WHEREAS, the Fiscal Year 2024-25 Multi-Year Program Budget must be amended.
NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Modesto that it hereby approves the amendment of the Fiscal Year 2024-25 Multi-Year Program Budget in the amount of $2,693,506.
BE IT FURTHER RESOLVED that the City Manager, or his designee, is hereby authorized to implement the provisions of this resolution. #17..
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01/28/2025/Utilities/MAlvarez/Item X 2 2025-XX
The foregoing resolution was introduced at a regular meeting of the Council of the City of Modesto held on the 28th day of January 2025, 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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WEST MODESTO SEWER INFRASTRUCTURE PROJECT
SPENCER/MARSHALL NEIGHBORHOOD
AGREEMENT
This Agreement (“Agreement”) is entere, intp betwpen City of Modesto (“City”) and Stanislaus County (“County”) as of ‘E12O19 (“Effective Date”). (The City and County are collectively referred to herein as “The Parties”.)
RECITALS
WHEREAS, the Spencer/Marshall Community (County Area 7) is. an unincorporated, disadvantaged community located on the west side side of the City of Modesto with approximately 114, primarily residential, parcels that rely on septic systems for treatment of sewage (“Spencer/Marshall Community”);and WHEREAS, the Spencer/Marshall Community’s septic systems are failing and pose a threat to the public health and ground water; and WHEREAS, City owns and operates a sanitary sewer system adjacent to Spencer/Marshall Community and is willing to provide sewer services to theSpencer/Marshall Community; and WHEREAS, the County will prepare preliminary plans for the construction of a sanitary sewer system for the Spencer/Marshall Community (the “West Modesto — County Area 7 Sewer Infrastructure Project” or the “Project”), which will be connected to the City of Modesto’s sewer system; and
WHEREAS, prior to Project’s construction, the City will review and approve Project plans and specifications; and
WHEREAS, County will submit a grant application to the State Water Resources Control Board (“SWRCB”) for financing through the Clean Water State Revolving Fund and will enter into a “Grant Agreement” for funding necessary to construct Project Improvements (the “Grant”); and
WHEREAS, the terms of the Grant require certain continuing obligations with respect to the Project; and
WHEREAS, this Agreement is contingent upon County’s ability to secure appropriate funding for the construction of this project; and #17..
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WHEREAS, the Parties have agreed that upon completion of the project the County will transfer ownership of the Project to the City and the City will maintain and operate the Project; and
NOW THEREFORE, the parties agree as follows:
AGREEMENT
1. Recitals. The above Recitals and are incorporated hereto as though fully set forth herein.
2. Scope of Work. The Parties agree that the construction of the Project improvements will conform to the plans and specifications approved by the County and the City. County will be the official Construction Manager for this project. However, the Parties will jointly inspect the construction of the Project.
3. City’s Responsibilities. City will inspect the Project during construction for conformance with the plans and specifications and for conformance with City standards. The scope of City’s services consists of:
a. During the design phase, the City will review Project plans, specifications, flow calculation connection fees and other project related materials. The Citywill coordinate plan review process with various relevant City departments and staff. The City shall facilitate Project’s design by ensuring that the proposed City water improvements do not conflict with proposed projectimprovements. If any potential conflicts are identified during plan reviewprocess, the City shall immediately inform the County and assist the County with designing appropriate solution.
b. As necessary, City will supply to the County various information or documentation required for the Grant application.
c. Construction Inspection: City and County shall jointly inspect the construction of project improvements. City’s inspections will focus on theconstruction of the sewer system and associated facilities. d. Upon Project’s completion, on annual basis the City will provide the County with a count of parcels that have connected to the constructed project improvements.
4. County’s Responsibilities. County shall be responsible for all phases of project design. Prior to Project’s construction, the County will allow the City to review improvements plans and related documents. Upon completion of final design, theCounty will advertise the Project, conduct bid opening, award constructioncontract, and manage construction of project improvements. #17..
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5. County’s Costs. County will design and construct the Project at no cost to the City.
6. City’s Costs. County will reimburse City for “Construction Inspection” services described above. The City has estimated the total cost for the above-mentioned services to be $48,966.
7. City Acceptance of the Proiect. Once Project is constructed, County will file a Notice of Completion and submit a copy to the City. Within 60 days of the completion of the final inspection of the Project, City shall accept the County’s transfer of ownership of the Project improvements.
8. Connection Fees. Upon completion of the improvements, County will pre-pay the sewer connection fees for approximately 114 parcels as detailed in Attachment A.
The actual number of parcels serviced by this project is contingent on the Grant amount. The total estimated connection fees for the Project are shown in Attachment A and are estimated to be $408,330. This amount will satisfy all connection fees related to the 114 parcels, including the sewer sub-trunk fee, the Waste Water Capacity Charge (WWCC) and the Outside Service Agreement fee. By entering into this agreement, the City acknowledges that information in the Attachment A has been reviewed to City’s satisfaction and the total estimate shown above is consistent with the latest City requirements and charges. City shall verify information shown in the Attachment A and provide County with any creditsfor non-residential parcels. The actual pre-payment amount for the total connection fees shall be based on the actual numbers of parcels served with sanitary sewer. For the purposes of this agreement, the sewer connection fee rates shall be considered adopted by the City Council and are as shown in the Attachment A.
9. Grant Eligibility. The City certified that sewer service rates for Project’s community are at least 2.0% of the Project’s community median household income.
10. Project Access. The Parties agree to ensure that the SWRCB, the Governor of the State, or any authorized representative of the foregoing, will have safe andsuitable access to the Project site at all reasonable times during Project construction and thereafter for the term of the County’s Obligation under theGrant. The Parties acknowledge that, except for a subset of archeological records, the Project records and locations are public records, including all of the submission accompanying the application, all of the following documents, and all reports,disbursement requests, and supporting documentation submitted under the Grant:
a. The Project improvement plans and specifications, which are the basis for the construction contract to be awarded by the County.
b. Waste Discharge Requirement Order No. R-5-2017-0064. #17..
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11. Project Completion; Initiation of Operation. Upon Completion of Construction of the Project, the City agrees to expeditiously initiate System Operations.
12. Continuous Use of Project: Lease or Disposal of Project. The City agrees that, except as provided in the Grant, it will not abandon, substantially discontinue use of, lease, or dispose of the Project or any significant part or portion thereof during the useful life of the Project without prior written approval of the State Water Board. Such approval may be conditioned as determined to be appropriate by the State Water Board.
13. As Needed Reports. The Parties agree to expeditiously provide, during the term of Grant, such reports, data, and information as may be reasonably required by the State Water Board, including but not limited to material necessary or appropriate for evaluation of the State Water Pollution Control Revolving Fund Small Community Grant Fund Program or to fulfill any reporting requirements of the federal government.
14. As Needed Records. The Parties agree, during the term of Grant, to establish such accounts and maintain such records as may be necessary for the State to fulfill federal reporting requirements, including any and all reporting requirements under federal tax statutes or regulations.
15. Keeping of Records. The Parties shall maintain separate books, records and other material relative to the Project. The Parties shall also retain such books, records, and other material for themselves and for each contractor or subcontractor who performed work on this project for a minimum of thirty-six (36) years after Project Completion. The Parties shall require that such books, records, and other material be subject at all reasonable times (at a minimum during normal business hours) toinspection, copying, and audit by the SWRCB, the Bureau of State Audits, the Governor, or any authorized representatives of the aforementioned, and shall allow interviews during normal business hours of any employees who might reasonably have information related to such records. The Parties agree to include a similar right regarding audit, interviews, and records retention in anysubcontract related to the performance of this Grant. The provisions of this sectionshall survive the term of this Agreement.
16. Audit. (a) The SWRCB, at its option, may call for an audit of financial information relative to the Project, where the SWRCB determines that an audit is desirable to assure program integrity or where such an audit becomes necessary because of federal requirements. Where such an audit is called for, the audit shall be performed by a certified public accountant independent of the audited Party and at the shared cost of the Parties. The audit shall be in the form required by the #17..
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SWRCB; (b) Audit disallowances will be paid by the responsible party and returned to the SWRCB.
17. Accounting and Auditing Standards. The County and City will maintain separate Project accounts in accordance with generally accepted accounting principles. The City shall comply with “Standards for Audit of Governmental Organizations, Programs, Activities and Functions” promulgated by the U.S. General Accounting Office. (40 CFR § 35.3135, subd. (I).)
18. No Sale, Lease or Private Operation of the Project. The City will not sell or otherwise disposed of, in whole or in part, any portion of the Project to any personwho is not a Governmental Unit during its useful life. The Project will not be leased to any person or entity that is not a Governmental Unit during its useful life. The City will not enter any contract or arrangement or cause or permit any contract or arrangement to be entered (to the extent of its reasonable control) with persons or entities that are not Governmental Units if that contract or arrangement wouldconfer on such persons or entities any right to use the Project on a basis different from the right of members of the general public. The contracts or arrangements contemplated by the preceding sentence include but are not limited to management contracts, take or pay contracts or put or pay contracts, and capacity guarantee contracts. The economic useful life of the Project, commencing at Project Completion, is at least thirty years.
19. Indemnity.
a. Each Party mutually agrees, pursuant to Government Code section 894.5, to indemnify, hold harmless, and defend the other Party, its boards and commissions, officers, agents, employees, and volunteers (collectively, the “indemnified Parties”) in an amount equal to its proportionate share ofliability on a comparative fault basis. This indemnity obligation shall exist with respect to any claim, loss, liability, damage, lawsuit, cost or expense that arises out of, or is any way related to, the performance of services pursuant to this Agreement. This indemnity obligation extends, without limitation, to any injury, death, loss, or damage which occurs in the performance of the Agreement and that is sustained by a third-party, agent, or contractor of a Party. Each Party executing this Agreement certifies that it has adequate selfinsured retention of funds to meet any obligation arising from this Agreement, and it shall continue to maintain such funds throughout theTerm of this Agreement. Notwithstanding the foregoing, nothing herein shall be construed to require any Party to indemnify any other Party from any claim arising from the sole negligence or willful misconduct of another Party.
Nothing in this section shall be construed as authorizing an award of attorney fees in any action on or to enforce the terms of this Agreement. This indemnity shall apply to all claims and liability regardless of whether any #17..
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insurance policies are applicable. Any policy limits shall not act as a limitation upon the amount of indemnification to be provided.
b. At its sole discretion, the indemnified Party may participate at its own expense in the defense of any claim, action or proceeding, but such participation shall not relieve the indemnitor of any obligation imposed by this Agreement. The Parties shall notify each other promptly of any claim, action or proceeding and cooperate fully in the defense. The Parties agree todefend themselves from any claim, action or proceeding arising out of the concurrent acts or omissions of each Party. In such cases, the Parties agree to retain their own legal counsel, bear their own defense costs, and waive their right to seek reimbursement of such costs. Where a trial verdict or arbitration award allocates or determines the comparative fault of the Parties, the Parties may seek reimbursement and/or reallocation of defense costs, settlement payments, judgments and awards, consistent with such comparative fault. The provisions of this section shall survive the termination of this Agreement.
20. Amendments. This Agreement may be amended or provisions contained herein may be altered, changed, or amended for the Project only by mutual written agreement signed and approved by the respective approving authorities of City and County. No oral understanding or agreement, not incorporated herein, shall be binding on any of the parties hereto.
21. Notices. Any notice which may be required under this Agreement shall be in writing and shall be given by personal service, first-class mail, certified or registered mail return receipt requested, or overnight delivery to the addresses set forth below:
Stanislaus County: City of Modesto:
David Leamon, Director William Wong, Director
Department of Public Works Utilities Department
1716 Morgan Road 1010 10th Street, Suite 4500Modesto CA 95358 Modesto, California 95354 All notices and other communications shall be deemed communicated as of actual receipt or after the second business day after the notice has been dispatched. The parties may change their respective address by giving notice ofsuch change to the other party in the manner provided in this Section.
22. Necessary Documents. As may become necessary for the construction and delivery of the Project, through City and County cooperation, the StanislausCounty Director of Public Works and City’s Authorized Representative areauthorized to administer and execute, by mutual written consent, all documents #17..
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necessary to complete the Project, provided that such actions do not exceed the authority of this Agreement.
23. Enforceable Provisions. Should any of this Agreement be determined to be unenforceable, invalid, or beyond the authority of either of the Parties to enter and carry out, such determination shall not affect the validity of the remainder of this Agreement, which shall continue in full force and effect; provided that the remainder of this Agreement can, absent the excised portion, be reasonably interpreted to give effect to the intentions of the Parties.
24. Termination. This Agreement may be terminated only by mutual written agreement signed and approved by the respective approving authorities of City and County.
25. Counterpart. This Agreement may be executed and delivered in any number of counterparts, each of which so executed and delivered shall be deemed to be an original and all of which shall constitute one and the same instrument. [SIGNATURES ON FOLLOWING PAGE]
#17..
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IN WITNESS WHEREOF, the City of Modesto, a municipal corporation, has authorized the execution of this Agreement in duplicate by its City Manaer andattestation by its City Clerk under authority of,Resolution No. oi’1- adopted by the Council of the City of Modesto on the
day of
2019, and County has
authorized the execution of this Agreement in duplicate by the Director of the Department of Public Works under authority of Resolution No. 2019—0485 ,adopted by the Board of Supervisors of Stanislaus County on the 30th day of July ,2019.
CITY OF MODESTO
a municipal corporation
By:
ios9Lopez
CiManager
COUNTY OF STANISLAUS
a political subdivision of the
Terrance Withrow
Chairman of the Board of Supervisors
ATTEST:
ATTEST:
Elizabeth A. King
Clerk of the Board of Supervisors of the
County of Stanislaus, State of California
By:Dep Clerk
David Leamon
Director of Public Works
APPROVED AS TO FORM:
Adam U. Lindgren, City Attorney
Ju M. S
Cit’Attor1icy
APPROVED AS TO FORM:Thomas ,County Counsel
By: 1
Todd Jame
Deputy County Counsel
Stephanie Loi
City Clerk
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ATTACHMENT A
West Modesto Sewer
Spencer/Matshall Ave Community (County Area 7) Project
Estimated Connection Fees
Acres Sub- Use WWCC OSA Fee No. APN # Address (APN ÷ Dwellings Size Trunk Total Fees Code Fee* $211 1/2RW) Fee 1 030-004-002 113 SpencerAve 0.31 SF 1 4 $200 $2,643 $211 $3,054 2 030-004-003 121 SpencerAve 0.39 Vacant 1 4 $251 $2,643 $211 $3,1053 030-004-004 127 SpencerAve 1.20 Vacant 1 4 $775 $2,643 $211 $3,629 4 030-004-005 207 SpencerAve 1.68 SF 1 4 $1,083 $2,643 $211 $3,937 5 030-004-006 211 SpencerAve 0.19 SF 1 4 $124 $2,643 $211 $2,9786 030-004-007 215 SpencerAve 0.18 SF 1 4 $119 $2,643 $211 $2,973 7 030-004-008 221 SpencerAve 0.19 SF 1 4 $122 $2,643 $211 $2,976 8 030-004-009 227 Spencer Ave 1.39 MS 1 - 6 $895 $2,643 $211 $3,7499 030-004-010 301 SpencerAve 1.01 MS 5 6 $653 $10,755 $211 $11,619 10 030-004-013 323 SpencerAve 0.89 MF 2 6 $575 $4,302 $211 $5,08811 030-004-014 333 SpencerAve 0.87 SF 1 4 $559 $2,643 $211 $3,41312 030-004-015 337 SpencerAve 0.84 MS 1 6 $541 $2,643 $211 $3,39513 030-004-016 311 SpencerAve 0.88 SF 1 4 $569 $2,643 $211 $3,42314 030-004-017 319 SpencerAve 0.89 SF 1 4 $575 $2,643 $211 $3,42915 - 030-005-001 523 — Maze Blvd 1.82 MF 2 6 $1,172 $4,302 $211 $5,685 16 030-005-002 527 — Maze Blvd 0.23 SF 1 4 $148 $2,643 $211 $3,00217 030-005-003 531 — Maze Blvd 1.49 SF 1 - 4 $959 $2,643 $211 $3,81318 030-005-004 539 — MazeBlvd 1.49 SF 1 4 $963 $2,643 $211 $3,81719 030 005 005 541 —Maze Blvd 055 SF 1 4 $355 $2 643 $211 $3 209 20 030-005-006 545 — Maze Blvd 0.55 - SF - 1 4 $356 $2,643 $211 $3,21021 030-005-007 601 - Maze Blvd - 0.22 SF - 1 - 4 $141 - $2,643 $211 $2,99522 030-005-008 606 Maze Blvd 0.36 Vacant 1 4 $229 $2,643 $211 $3,083 23 030-005-009 114 SpencerAve 0.21 SF 1 4 $138 $2,643 $211 $2,99224 030-005-010 118 SpencerAve 0.22 SF 1 4 $141 $2,643 $211 $2,995 25 030-005-011 128 SpencerAve 0.95 SF 1 4 $610 $2,643 $211 $3,46426 030-005-012 204 SpencerAve 0.94 SF 1 - 4 $603 $2,643 $211 $3,45727 030-005-013 214 Spencer Ave - 0.50 SF 1 4 $321 $2,643 $211 $3,17528 030-005-014 220 Spencer Ave 0.47 SF - 1 -- 4 $304 $2,643 $211 $3,15829 030-005-015 226 SpencerAve 1.02 SF 1 4 $658 $2,643 $211 $3,51230 030-005-016 230 SpencerAve 3.80 MS 3 6 $2,448 $6,453 $211 $9,11231 030-005-017 304 SpencerAve 0.21 SF 1 4 $134 $2,643 $211 $2,98832 030-005-018 320 Spencer Ave 1.34 MS 1 6 $866 $2,643 $211 $3,720 33 030-005-020 611 Truman Ave 0.21 SF - 1 - 4 $138 -- $2,643 $211 $2,99234 030-005-021 617 Truman Ave - 0.45 SF 1 4 $291 $2,643 $211 $3,14535 030-005-022 326 SpencerAve 0.23 SF 1 4 $150 $2,643 $211 $3,00436 030-005-023 330 SpencerAve 0.32 SF 1 4 $205 $2,643 $211 $3,05937 030-005-024 603 Truman Ave 0.21 SF 1 4 $137 $2,643 $211 $2,991 38 030-005-026 533 Truman Ave 2.24 MS 1 6 $1,445 $2,643 $211 $4,29939 030-008-003 41S SpencerAve 1.53 MS 2 6 $987 $4,302 $211 $5,500 1 of 3
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ATTACHMENT A
West Modesto Sewer
Spencer/Matshall Ave Community (County Area 7) Project
Estimated Connection Fees
Acres Sub- Use WXAJCC OSA Fee No. APN Address (APN + Dwellings Size Trunk Total Fees — 1/2 RW) Code Fee Fee* $211
0.16 1.02
4041424344
45 46474849
50 515253545556575859
60616263
646566
67 68
69 70
7172
73 7475
7677
030-008-004030-008-005030-008-006030-008-015030-008-016 030-009-002030-009-003030-009-004030-009-005030-009-006 030-009-007
030-009-008030-009-009030-009-010030-009-011030-009-012030-009-013030-009-014030-009-015030-009-017 030-009-018030-009-019
030-009-020
030-009-021
030-009-022
030-009-023
030-009-024030-009-025
030-009-026
030-009-027030-009-028030-009-030030-009-031
030-009-032030-009-033030-009-034
030-009-035030-009-036
417
503511
409405
404408416
500504508
512516600604
608612616529617613
609
605601
517513509505
501
417
413401400404408412
418500
Spencer Ave SF 1
Spencer Ave - MS 4
Spencer Ave 1.01 MS 2SpencerAve 0.30 SF 1Spencer Ave 1.24 SF 1 Marshall Ave 0.30 SF 1
Marshall Ave 0.59 SF 1Marshall Ave 0.34 SF 1 -Marshall Ave 0.34 SF 1 Marshall Ave 0.33 SF 1
Marshall Ave 0.32 SF 1
Marshall Ave 0.32 SF IMarshall Ave 0.44 SF I
Marshall Ave 0.33 SF 1
Marshall Ave 0.34 SF 1Marshall Ave 0.34 SF 1Marshall Ave 0.33 SF 1Marshall Ave 0.35 SF 1 California Ave 1.69 Church 2
Marshall Ave 0.33 SF 1Marshall Ave 0.31 MS 3
Marshall Ave 0.31 SF 1Marshall Ave 0.31 SF 1Marshall Ave 0.31 SF 1Marshall Ave 0.32 SF 1Marshall Ave 0.40 MS 2 Marshall Ave 0.31 SF 1
Marshall Ave - 0.31 SF 1
Marshall Ave 0.32 MS 1Marshall Ave 0.29 SF 1
Marshall Ave 0.28 SF 1
Marshall Ave 0.41 SF 1
Spencer Ave 0.40 SF 1Spencer Ave 0.28 SF 1Spencer Ave 0.28 MS 1 Spencer Ave 0.28 MS 1
Spencer Ave 0.29 MS 2Spencer Ave 0.38 SF 1
46 6
44 444
444
4444
4 44
64644
44 644
6 444
4 4
66 6
$105
$655$654$191$798
$190$381$220
$220$210$209
$209$286$216$216
$216$216$224
$1,089
$213$203
$203
$203$203
$208$259$197$197
$206$190$178$266$257$178$178$178
$190$244
$2,643$8,604$4,302
$2,643$2,643
$2,643$2,643$2,643
$2,643$2,643$2,643$2,643$2,643$2,643$2,643$2,643
$2,643$2,643$4,302$2,643$6,453$2,643$2,643
$2,643
$2,643$4,302$2,643
$2,643
$2,643
$2,643 - $2,643$2,643$2,643$2,643$2,643$2,643
$4,302$2,643
$211$211$211$211$211
$211
$211$211$211$211$211$211$211
$211$211
$211$211$211$211$211
$211$211$211$211
$211$211$211
$211 - $211$211$211$211$211
$211$211$211
$211$211
$2,959$9,470$5,167
$3,045 - $3,652
$3,044
$3,235$3,074
$3,074$3,064$3,063$3,063$3,140
$3,070
$3,070$3,070
$3,070
$3,078$5,602$3,067$6,867$3,057$3,057
$3,057$3,062$4,772$3,051$3,051$3,060$3,044
$3,032
$3,120$3,111
$3,032
$3,032$3,032
$4,703$3,098
2 of 3
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ATTACHMENT A
West Modesto Sewer
Spencer/Matshall Ave Community (County Area 7) Project
Estimated Connection Fees
Acres Sub- Use WWCC OSA Fee No. APN # Address (APN + Dwellings Size Trunk Total Fees — Code Fee* $211 1/2RW) Fee 78 030-009-037 504 SpencerAve 0.29 SF 1 4 $188 $2,643 $211 $3,042 79 030-009-038 508 SpencerAve 0.29 SF 1 4 $188 $2,643 $211 $3,042 80 030-009-039 512 SpencerAve 0.29 SF 1 4 $188 $2,643 $211 $3,042 81 030-009-040 516 SpencerAve 0.41 SF 1 4 $262 $2,643 $211 $3,11682 030-009-041 600 SpencerAve 0.32 SF 1 4 $203 $2,643 $211 $3,05783 030-009-042 604 SpencerAve 0.31 SF 1 4 $203 $2,643 $211 $3,057 84 030-009-043 608 SpencerAve 0.31 SF 1 4 $203 $2,643 $211 $3,05785 030-009-044 612 SpencerAve 0.31 SF 1 4 $203 $2,643 $211 $3,057 86 030-009-045 616 SpencerAve 0.33 SF 1 4 $213 $2,643 $211 $3,067 87 030-009.046 700 SpencerAve 0.39 SF 1 4 $254 $2,643 $211 $3,108 88 030-009-047 704 SpencerAve 0.39 SF 1 4 $254 $2,643 $211 $3,10889 030-009-048 712 SpencerAve 0.39 SF 1 4 $254 $2,643 $211 $3,108 90 030-009-049 716 SpencerAve 0.56 SF 1 4 $361 $2,643 $211 $3,215 91 030-009-052 701 Marshall Ave 0.36 SF 1 4 $234 $2,643 $211 — $3,088 92 030-009-053 705 MarshallAve 0.36 SF 1 4 $234 $2,643 $211 $3,08893 030-009.054 607 CaliforniaAve 0.50 — SF 1 4 $325 $2,643 $211 $3,179 94 030-009-055 713 Marshall Ave 0.36 SF 1 4 $231 $2,643 $211 $3,085 95 030-009-056 409 Marshall Ave 0.28 SF 1 4 $178 $2,643 $211 $3,03296 030 009 057 405 Marshall Ave 028 SF 1 4 $178 $2643 $211 $3032 97 030-009-058 - 400W Marshall Ave 0.43 SF 1 4 $275 $2,643 $211 $3,12998 030-010-005 420 Spruce Street 0.20 SF 1 4 $132 $2,643 $211 $2,98699 030-010-006 422 Spruce Street 0.18 SF 1 4 $119 $2,643 $211 $2,973 100 030-010-007 426 Spruce Street 0.28 MS 2 6 $180 $4,302 $211 $4,693 101 030-010-008 428 Spruce Street 0.21 SF 1 4 $132 $2,643 $211 $2,986 102 030-010-009 430 Spruce Street 0.28 MS 3 6 $180 $6,453 $211 $6,844 103 030-010-013 433 Spruce Street 0.16 SF 1 4 $106 $2,643 $211 $2,960104 030-010-014 431 Spruce Street 0.16 SF 1 4 $106 $2,643 $211 $2,960 105 030-010-015 429 Spruce Street 0.16 SF 1 4 $106 $2,643 $211 $2,960106 030-010-016 427 Spruce Street 0.15 SF 1 - 4 $99 $2,643 $211 $2,953 107 030-010-017 425 Spruce Street 0.18 SF 1 4 $118 $2,643 $211 $2,972 108 030-010-018 423 Spruce Street 0.20 MF 4 6 $126 $8,604 $211 $8,941 109 030-010-019 413 Spruce Street 0.16 SF 1 4 $105 $2,643 $211 $2,959 110 030-010-021 401 Spruce Street 0.20 SF 1 4 $129 $2,643 $211 $2,983111 030-010-022 505 SMartinLutherKinDr 0.33 SF 1 4 $214 $2,643 $211 $3,068112 030-010-033 409 Spruce Street 0.17 SF 1 4 $107 $2,643 $211 $2,961 113 030-010-034 411 Spruce Street 0.17 SF 1 4 $107 $2,643 $211 $2,961114 030-010-036 414 Spruce Street 0.23 SF 1 4 $146 $2,643 $211 $3,000
59.28 138 114 $38,238 $346,038 $24,054 $408,330
*WWCC fee rate for Single Family (SF) = $2,643 4-inch service: 93 Assuming one service per APN, Sub-Trunk *WWCC fee rate for Multi Family (MF) = $2,151 6-inch service: 21 Fee was calculated using $645/Acre. 3 of 3
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AMENDED AND RESTATED MEMORANDUM OF AGREEMENT
For the West Modesto Sewer Infrastructure Project
Spencer/Marshall Neighborhood
This Agreement (“Agreement”) is entered into between City of Modesto (“City”) and Stanislaus County (“County”) as of ______________, 2025 (“Effective Date”). (The City and County are collectively referred to herein as “The Parties”.)
RECITALS
WHEREAS, the Spencer/Marshall Community (County Area 7) is an unincorporated, disadvantaged community located on the west side of the City of Modesto with approximately 114, primarily residential, parcels that rely on septic systems for treatment of sewage (“Spencer/Marshall Community”); and WHEREAS, the Spencer/Marshall Community’s septic systems are failing and pose a threat to the public health and ground water; and
WHEREAS, City owns and operates a sanitary sewer system adjacent to Spencer/ Marshall Community and is willing to provide sewer services to the Spencer/ Marshall Community; and
WHEREAS, the County will prepare preliminary plans for the construction of sanitary sewer system improvements within public right-of-way for the Spencer/ Marshall Community (the “West Modesto – County Area 7 Sewer Infrastructure Project” or the “Project”), which will be connected to the City of Modesto’s sewer system; and
WHEREAS, the City will implement its City Septic to Sewer Program (the “Program”) for on-site (private property) improvements consisting of installing sewer service laterals, abandonment/removal of septic tanks, inspection, and associated work within the Spencer/Marshall Community.
WHEREAS, County will submit a finance application to the State Water Resources Control Board (“SWRCB”) for financing through the Clean Water State Revolving Fund and will enter into a “Financing Agreement” for both Project and Program costs.
WHEREAS, the terms of the Grant require certain continuing obligations with respect to both the Project and Program; and
WHEREAS, this Agreement is contingent upon County’s ability to secure #17..
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appropriate funding for the Project and Program; and
WHEREAS, the Parties have agreed that upon completion of the Project the County will transfer ownership of the Project to the City and the City will maintain and operate the Project; and
WHEREAS, the City and County previously entered into that certain West Modesto Sewer Infrastructure Project Spencer/Marshall Neighborhood agreement dated September 3, 2019 (the “Prior Agreement”), and this Agreement is intended to, and shall, replace the Prior Agreement; and NOW THEREFORE, the Parties agree as follows:
AGREEMENT
1. Recitals. The above Recitals are incorporated hereto as though fully set forth herein.
2. Scope of Work. The Parties agree that the construction of the Project improvements will conform to the plans and specifications designed by the County and approved by the Parties. County will be the official Construction Manager for the Project.
Parties agree that work performed as part of the Program will conform to County requirements. City will be the official Construction Manager for the Program.
3. City’s Responsibilities. City responsibilities for the Project consists of:
a. During the design phase, the City will review Project plans, specifications, flow calculation connection fees and other project related materials. The City will coordinate plan review process with various relevant City departments and staff. The City shall facilitate Project’s design by ensuring that proposed City improvements do not conflict with proposed Project improvements. If any potential conflicts are identified during plan review process, the City shall immediately inform the County and assist the County with designing appropriate solution.
b. The City agrees to submit to the County all documentation and certifications necessary for final budget approval process under the Financing Agreement. The City acknowledges that no funds for construction work will be reimbursable prior to the County’s receipt of final budget approval from the State Water Board under the Financing #17..
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Agreement, and that no costs incurred prior to the Eligible Work Start Date established in the Financing Agreement are eligible.
c. As necessary, the City will assist the County with various information or documents, attend staff and public Outreach meetings, establish costs, and develop Right of the Entry Agreements, required for the Grant application. d. Construction Inspection: City and County shall jointly inspect the construction of the Project improvements. City’s inspections will focus on the construction of the sewer system and associated facilities. City will invoice the County for inspection fees on a monthly basis. City has estimated the total cost for the above-mentioned services to be $48,966.
City will administer the Program in accordance with all term and conditions of the Financing Agreement, including but not limited to those set forth in Attachment B. The City agrees to complete all work according to the deadlines set forth in the Financing Agreement . Prior to start of work the City shall obtain a Right of Entry Agreement signed by the property owner allowing work to be performed on the property. The City will hire the contractor(s) who will perform the construction work of installing sewer lateral, demolishing the septic tank and the associated work needed to complete the sewer connection. The City will front all costs as shown in Attachment A including cost to pay the contractor performing work.
City will invoice County on a monthly basis for each parcel. Each invoice will indicate a detailed list of approved Program City Costs for the month, total overall to date, and indication if the parcel has been connected to the public sewer system. Program Sewer Connection Fees to be invoiced in accordance with Grant Agreement.
4. County’s Responsibilities. County shall be responsible for all phases of the Project.
Prior to Project’s construction, the County will allow the City to review improvements plans and related documents. Upon completion of final design, the County will advertise the Project, conduct bid opening, award construction contract, and manage construction of Project improvements. County to reimburse City for Project construction inspection services.
County to reimburse City on a monthly basis for invoiced approved Program City Costs and Program Sewer Connection Fees.
County will administer the Project in accordance with all term and conditions of the Financing Agreement, including but not limited to those set forth in Attachment B. The #17..
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County agrees to complete all work according to the deadlines set forth in the Financing Agreement
5. County’s Costs. County will design and construct the Project portion in the Public Right of Way at no cost to the City.
6. City’s Costs. City will assist with the design phase of the Project as described in section
3.a and 3.b at no cost to the County.
7. City Acceptance of the Project. Once Project improvements are constructed, County will file a Notice of Completion and submit a copy to the City. Within 60 days of completion of the final inspection of the Project, City shall accept the County’s transfer of ownership of the Project improvements.
8. Sewer Connection Fees. The actual number of parcels serviced is contingent on the Grant amount. The total estimated Program Sewer Connection Fees are shown in Attachment A and are estimated to be four hundred five thousand, five hundred sixteen dollars ($405,516) . This amount will satisfy all sewer connection fees related to the 112 parcels, including the Sub-Trunk Fee, the Wastewater Capacity Charge (WWCC) Fee, Outside Service Agreement Fee, and Notary Fee. 2 parcels are currently vacant and do not qualify for grant funding.
By entering into this Agreement, the City acknowledges that information in the Attachment A has been reviewed to City’s satisfaction and the total estimate as shown above is consistent with the latest City requirements and charges. City shall verify information shown in the Attachment A and provide County with any credits for non-residential parcels. The actual pre-payment amount for the total connection fees shall be based on the actual numbers of parcels served with sanitary sewer. For the purposes of this Agreement, the sewer connection fee rates shall be considered adopted by the City Council and are as shown in the Attachment A.
9. Grant Eligibility. The City certified that sewer service rates for Project’s community are at least 2.0% of the Project’s community median household income.
10. Project Access. The Parties agree to ensure that the State Water Resources Control Board (SWRCB), the Governor of the State, or any authorized representative of the foregoing, will have safe and suitable access to the Project site at all reasonable times #17..
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during Project construction and thereafter for the term of the County’s Obligation under the Grant. The Parties acknowledge that, except for a subset of archeological records, the Project records and locations are public records, including all of the submission accompanying the application, all of the following documents, and all reports, disbursement requests, and supporting documentation submitted under the Grant:
a. The Project improvement plans and specifications, which are the basis for the construction contract to be awarded by the County.
b. Waste Discharge Requirement Order No. R5-2022-0034.
11. Project Completion. Upon Completion of Construction of the Project, the City agrees to expeditiously initiate System Operations.
12. Continuous Use of Project: Lease or Disposal of Project. The City agrees that, except as provided in the Grant, it will not abandon, substantially discontinue use of, lease, or dispose of the Project or any significant part or portion thereof during the useful life of the Project without prior written approval of the State Water Board. Such approval may be conditioned as determined to be appropriate by the State Water Board.
13. As Needed Reports. The Parties agree to expeditiously provide, during the term of Grant, such reports, data, and information as may be reasonably required by the State Water Board, including but not limited to material necessary or appropriate for evaluation of the State Water Pollution Control Revolving Fund Small Community Grant Fund Program or to fulfill any reporting requirements of the federal government.
14. As Needed Records. The Parties agree, during the term of Grant, to establish such accounts and maintain such records as may be necessary for the State to fulfill federal reporting requirements, including any and all reporting requirements under federal tax statutes or regulations.
15. Keeping of Records. The Parties shall maintain separate books, records and other material relative to the Project. The Parties shall also retain such books, records, and other material for themselves and for each contractor or subcontractor who performed work on this project for a minimum of thirty‐six (36) years after Project Completion. The Parties shall require that such books, records, and other material be subject at all reasonable times (at a minimum during normal business hours) to #17..
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inspection, copying, and audit by the SWRCB, the Bureau of State Audits, the Governor, or any authorized representatives of the aforementioned, and shall allow interviews during normal business hours of any employees who might reasonably have information related to such records. The Parties agree to include a similar right regarding audit, interviews, and records retention in any subcontract related to the performance of this Grant. The provisions of this section shall survive the term of this Agreement.
16. Audit. (a) The SWRCB, at its option, may call for an audit of financial information relative to the Project, where the SWRCB determines that an audit is desirable to assure program integrity or where such an audit becomes necessary because of federal requirements. Where such an audit is called for, the audit shall be performed by a certified public accountant independent of the audited Party and at the shared cost of the Parties. The audit shall be in the form required by the SWRCB; (b) Audit disallowances will be paid by the responsible Party and returned to the SWRCB.
17. Accounting and Auditing Standards. The County and City will maintain separate Project accounts in accordance with generally accepted accounting principles. The City shall comply with "Standards for Audit of Governmental Organizations, Programs, Activities and Functions" promulgated by the U.S. General Accounting Office. (40 CFR § 35.3135, subd. (I).)
18. No Sale, Lease or Private Operation of the Project. The City will not sell or otherwise disposed of, in whole or in part, any portion of the Project to any person who is not a Governmental Unit during its useful life. The Project will not be leased to any person or entity that is not a Governmental Unit during its useful life. The City will not enter any contract or arrangement or cause or permit any contract or arrangement to be entered (to the extent of its reasonable control) with persons or entities that are not Governmental Units if that contract or arrangement would confer on such persons or entities any right to use the Project on a basis different from the right of members of the general public. The contracts or arrangements contemplated by the preceding sentence include but are not limited to management contracts, take or pay contracts or put or pay contracts, and capacity guarantee contracts. The economic useful life of the Project, commencing at Project Completion, is at least thirty (30) years.
19. Defense and Indemnification.
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a.
To the extent permitted by law, the City shall defend, indemnify, and hold harmless County and its officers, employees, agents, representatives, or subcontractors from and against all claims, damages, losses, judgments, liabilities, expenses, and other costs arising out of or resulting from the active negligence or wrongful acts of the City.
b. To the extent permitted by law, the County shall defend, indemnify, and hold harmless City and its officers, employees, agents, representatives, or subcontractors from and against all claims, damages, losses, judgments, liabilities, expenses, and other costs arising out of or resulting from the active negligence or wrongful acts of the County.
c. At its sole discretion, the indemnified Party may participate at its own expense in the defense of any claim, action or proceeding, but such participation shall not relieve the indemnitor of any obligation imposed by this Agreement. The Parties shall notify each other promptly of any claim, action or proceeding and cooperate fully in the defense. The Parties agree to defend themselves from any claim, action or proceeding arising out of the concurrent acts or omissions of each Party. In such cases, the Parties agree to retain their own legal counsel, bear their own defense costs, and waive their right to seek reimbursement of such costs. Where a trial verdict or arbitration award allocates or determines the comparative fault of the Parties, the Parties may seek reimbursement and/or reallocation of defense costs, settlement payments, judgments, and awards, consistent with such comparative fault. The provisions of this section shall survive the termination of this Agreement.
20. Amendments. This Agreement may be amended, or provisions contained herein may be altered, changed, or amended for the Project only by mutual written agreement signed and approved by the respective approving authorities of City and County. No oral understanding or agreement, not incorporated herein, shall be binding on any of the parties hereto.
21. Notices. Any notice which may be required under this Agreement shall be in writing and shall be given by personal service, first‐class mail, certified or registered mail return receipt requested, or overnight delivery to the addresses set forth below:
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Stanislaus County: City of Modesto:
David Leamon, Director William Wong, Director
Department of Public Works Utilities Department
1716 Morgan Road 1010 10th Street, Suite 4500
Modesto CA 95358 Modesto, California 95354
All notices and other communications shall be deemed communicated as of actual receipt or after the second business day after the notice has been dispatched. The parties may change their respective address by giving notice of such change to the other party in the manner provided in this Section.
22. Necessary Documents. As may become necessary for the construction and delivery of the Project, through City and County cooperation, the Stanislaus County Director of Public Works and City’s Authorized Representative are authorized to administer and execute, by mutual written consent, all documents necessary to complete the Project, provided that such actions do not exceed the authority of this Agreement.
23. Enforceable Provisions. Should any of this Agreement be determined to be unenforceable, invalid, or beyond the authority of either of the Parties to enter and carry out, such determination shall not affect the validity of the remainder of this Agreement, which shall continue in full force and effect; provided that the remainder of this Agreement can, absent the excised portion, be reasonably interpreted to give effect to the intentions of the Parties.
24. Termination. This Agreement may be terminated only by mutual written agreement signed and approved by the respective approving authorities of City and County.
25. Counterpart. This Agreement may be executed and delivered in any number of counterparts, each of which so executed and delivered shall be deemed to be an original and all of which shall constitute one and the same instrument.
26. Waiver of Default. Waiver of any default by either party to this Agreement shall not be deemed to be waiver of any subsequent default. Waiver or breach of any provision of this Agreement shall not be deemed to be a waiver of any other or subsequent breach and shall not be construed to be a modification of the terms of this Agreement unless this Agreement is modified as provided herein.
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27. Nondiscrimination.
a. Non-Discrimination. During the performance of this Agreement, City and its officers employees, agents, representatives or subcontractors shall not unlawfully discriminate in violation of any Federal, State or local law, rule or regulation against any employee, applicant for employment or person receiving services under this Agreement because of race, religious creed, color, national origin, ancestry, physical or mental disability including perception of a disability, medical condition, genetic information, pregnancy related condition, marital status, gender/sex, sexual orientation, gender identity, gender expression, age (over 40), political affiliation or belief, or military and veteran status. Contractor and its officers, employees, agents, representatives or subcontractors shall comply with all applicable Federal, State and local laws and regulations related to non-discrimination and equal opportunity, including without limitation the County’s non-discrimination policy; the Fair Employment and Housing Act (Government Code sections 12900 et seq.); California Labor Code sections 1101, and 1102; the Federal Civil Rights Act of 1964 (P.L. 88- 352), as amended; and all applicable regulations promulgated in the California Code of Regulations or the Code of Federal Regulations. b. City shall include the non-discrimination and compliance provisions of this clause in all subcontracts to perform work under this Agreement. c. City shall provide a system by which recipients of service shall have the opportunity to express and have considered their views, grievances, and complaints regarding City’s delivery of services.
28. Severability. If any portion of this Agreement or application thereof to any person or circumstance shall be declared invalid by a court of competent jurisdiction or if it is found in contravention of any federal, state or county statute, ordinance or regulation; the remaining provisions of this Agreement or the application thereof shall not be invalidated thereby and shall remain in full force and effect to the extent that the provisions of this Agreement are severable.
29. Entire Agreement. This Agreement supersedes any and all other agreements, either oral or in writing, between any of the parties herein with respect to the subject matter hereof and contains all the agreements between the parties with respect to such matter. Each party acknowledges that no representations, inducements, promises or agreements, oral or otherwise, have been made by any party, or anyone acting on #17..
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behalf of any party, which are not embodied herein, and that no other agreement, statement or promise not contained in this Agreement shall be valid or binding.
30. Authorized Signatures. The person signing this Agreement (“Signatory”) represents and warrants that he or she is duly authorized and has legal capacity to execute this Agreement. Signatory represents and warrants that the execution and delivery of the Agreement and the performance of Contractor’s obligations hereunder has been duly authorized and that the Agreement is a valid and legal agreement binding on Contractor and enforceable in accordance with its terms.
31. Electronic Signatures. Each party agrees that the electronic signatures (whether digital or encrypted) of the parties included in this Agreement are intended to authenticate this writing and to have the same force and effect as manual signatures.
Electronic signature means any electronic sound, symbol, or process attached to or logically associated with a record and executed and adopted by a party with the intent to sign such record (including facsimile or email electronic signatures) pursuant to the California Uniform Electronic Transactions Act (Cal. Civ. Code § 1633.1 et seq.) as amended from time to time.
32. Term. This Agreement will commence on the Effective Date and shall remain in full force and effect through the term of the Financing Agreement. [SIGNATURES ON FOLLOWING PAGE]
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Attachment B
The City agrees to comply with all applicable terms, provisions, conditions, and commitments established in the Financing Agreement, including all incorporated documents, as of the Eligible Work Start Date established in the Financing Agreement and continuing thereafter for the term of Financing Agreement, including but not limited to the following:
1. The City represents, warrants, and covenants each of the following:
a. The City agrees to fulfill all assurances, declarations, representations, and commitments in its application, accompanying documents, and communications filed in support of any request for funding from the County through the Financing Agreement.
b. The execution, delivery, and performance by City of this Agreement, including all incorporated documents, do not violate any provision of any law or regulation in effect as of the date of execution of this Agreement by the City, or result in any breach or default under any contract, obligation, indenture, or other instrument to which City is a party or by which City is bound as of the date of execution of this Agreement by the City.
c. There are, as of the date of execution of this Agreement by the City, no pending or, to City’s knowledge, threatened actions, claims, investigations, suits, or proceedings before any governmental authority, court, or administrative agency that materially affect the financial condition or operations of the City, the City’s Revenues, and/or the Project or Program.
d. There are no proceedings, actions, or offers by a public entity to acquire by purchase or the power of eminent domain any of the real or personal property related to or necessary for the Project or Program.
e. The City has sufficient real or personal property rights necessary for the purposes of this Agreement, not subject to third party revocation, which rights extend at least through the term of the Financing Agreement, except as disclosed to the County.
The City has disclosed all proceedings, actions, or offers of which the City has knowledge or belief that may in any way affect the City’s ability to access or legally possess all of the property necessary for the purpose of this Agreement, including any proceedings, actions, or offers to lease, purchase, or acquire by eminent domain any of the real or personal property related to or necessary for the Project. f. The City and its principals, contractors, and subcontractors, to the best of the City’s knowledge and belief, are not presently debarred, suspended, proposed for debarment, declared ineligible, or otherwise excluded from participation in any work overseen, directed, funded, or administered by the State Water Board #17..
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program; nor have they engaged or permitted the performance of services covered by this Agreement from parties that are debarred or suspended or otherwise excluded from or ineligible for participation in any work overseen, directed, funded, or administered by the State Water Board program.
g. The City has no conflicting or Material Obligations
h. The City is duly organized and existing and in good standing under the laws of the State of California. City must at all times maintain its current legal existence and preserve and keep in full force and effect its legal rights and authority. Within the preceding ten years, the City has not failed to demonstrate compliance with state or federal audit disallowances.
i. Any financial statements or other financial documentation of City previously delivered as of the date(s) set forth in such financial statements or other financial documentation: (a) are materially complete and correct; (b) present fairly the financial condition of the City; and (c) have been prepared in accordance with GAAP.
Since the date(s) of such financial statements or other financial documentation, there has been no material adverse change in the financial condition of the City, nor have any assets or properties reflected on such financial statements or other financial documentation been sold, transferred, assigned, mortgaged, pledged or encumbered, except as previously disclosed in writing by City and approved in writing by the State Water Board.
j. The City is current in its continuing disclosure obligations associated with its material debt, if any.
k. The City’s governing board is not prohibited, limited, or constrained in any way from adopting, requiring, or utilizing a project labor agreement that includes all taxpayer protection provisions of Public Contract Code section 2500.
2. The City must, to the extent permitted by law, fix, prescribe and collect rates, fees and charges for the System during each Fiscal Year which are reasonable, fair, and nondiscriminatory and which will be sufficient to generate Revenues in the amounts necessary to cover Operations and Maintenance Costs, and must ensure that Net Revenues are in an amount necessary to meet its obligations under the Financing Agreement. The City may make adjustments from time to time in such fees and charges and may make such classification thereof as it deems necessary, but shall not reduce the rates, fees and charges then in effect unless the Net Revenues from such reduced rates, fees, and charges will at all times be sufficient to meet the requirements of this section.
3. The City shall sufficiently and properly staff, operate, and maintain the facility and structures constructed or improved as part of the Project throughout the term of this Agreement and the Financing Agreement, consistent with the purposes of this Agreement #17..
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and the Financing Agreement. The City assumes all operations and maintenance costs of the facilities and structures; the State Water Board shall not be liable for any cost of such maintenance, management or operation.
4. The City and County will procure and maintain or cause to be maintained insurance on the System/Project with responsible insurers, or as part of a reasonable system of self insurance, in such amounts and against such risks (including damage to or destruction of the System/Project) as are usually covered in connection with systems similar to the System/Project. Such insurance may be maintained by a self-insurance plan so long as such plan provides for (i) the establishment by the City and County of a separate segregated selfinsurance fund in an amount determined (initially and on at least an annual basis) by an independent insurance consultant experienced in the field of risk management employing accepted actuarial techniques and (ii) the establishment and maintenance of a claims processing and risk management program. In the event of any damage to or destruction of the System/Project caused by the perils covered by such insurance, the net proceeds thereof shall be applied to the reconstruction, repair or replacement of the damaged or destroyed portion of the System/Project. The City and County must begin such reconstruction, repair or replacement as expeditiously as possible, and must pay out of such net proceeds all costs and expenses in connection with such reconstruction, repair or replacement so that the same must be completed and the System/Project must be free and clear of all claims and liens. City and County agree that for any policy of insurance concerning or covering the construction of the Project, they will cause, and will require its contractors and subcontractors to cause, a certificate of insurance to be issued showing the State Water Board, its officers, agents, employees, and servants as additional insured; and must provide the State Water Board with a copy of all such certificates prior to the commencement of construction of the Project.
5. No work that is subject to California Environmental Quality Act (CEQA) or the National Environmental Policy Act (NEPA) may proceed under this Agreement until the State Water Board has provided approval to proceed under the Financing Agreement. Upon receipt and review of the County’s environmental documents, the State Water Board shall make the appropriate environmental findings before determining whether to approve construction or implementation funding for the Project under the Financing Agreement. Providing approval for such construction or implementation funding is fully discretionary. The State Water Board may require changes in the scope of work or additional mitigation as a condition to providing construction or implementation funding to the County under the Financing Agreement. City and County shall not perform any work subject to CEQA and/or NEPA before the State Water Board completes its environmental review and specifies any changes in scope or additional mitigation that may be required in the Financing Agreement.
Proceeding with work subject to CEQA and/or NEPA without approval by the State Water Board shall constitute a breach of a material provision of this Agreement. If this Project includes modification of a river or stream channel, the City or County must fully mitigate environmental impacts resulting from the modification. The City or County must provide documentation that the environmental impacts resulting from such modification will be fully mitigated considering all of the impacts of the modification and any mitigation, #17..
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environmental enhancement, and environmental benefit resulting from the Project, and whether, on balance, any environmental enhancement or benefit equals or exceeds any negative environmental impacts of the Project. The City and County agree to comply with all environmental special conditions in the Financing Agreement.
6. The City acknowledges that notwithstanding any other provision of this Agreement, if the State Water Board determines that an Event of Default has occurred under the Financing Agreement, the City may be required, upon demand, to immediately return any grant or principal forgiveness amounts received by the County from the Financing Agreement and pay interest at the highest legal rate on all of the foregoing.
7. The City must immediately notify the County of any discovery of any potential tribal cultural resource, archaeological or historical resource, or human remains in the Program area.
Should a potential tribal cultural resource or archaeological or historical resource be discovered during construction or implementation, the City must ensure that all work in the area of the find will cease until a qualified archaeologist has evaluated the situation and made recommendations regarding preservation of the resource, and it has been determined, in accordance with the terms and conditions of the Financing Agreement, what actions should be taken to protect and preserve the resource. The City must implement appropriate actions as directed by the State Water Board. If there are any applicable provisions of a mitigation, monitoring and reporting program adopted for the Project and Program, the City shall comply with such provisions. In the event of the discovery of human remains during construction of the Program, the City shall cease construction and take other action required by any applicable laws, which may include but are not limited to Health and Safety Code, section 7050.5 and Public Resources Code, section 5097.98.
8. The City must notify the County promptly of the occurrence of any of the following events:
a. Bankruptcy, insolvency, receivership or similar event of the City, or actions taken in anticipation of any of the foregoing;
b. Change of ownership of the Project (no change of ownership may occur without written consent of the State Water Board);
c. Loss, theft, damage, or impairment to Project or Program; d. Events of Default, except as otherwise set forth in this section; e. A proceeding or action by a public entity to acquire the Project by power of eminent domain.
f. Any litigation pending or threatened with respect to the Project, Program, or the City’s technical, managerial or financial capacity or the City’s continued existence, or any judgment or court order relating to such litigation that has a material effect on the Project, Program, or the System;
g. Consideration of dissolution, or disincorporation;
h. Enforcement actions by or brought on behalf of the State Water Board or Regional Water Board.
i. The discovery of a false statement of fact or representation made in this Agreement or in the application to the State Water Board for the Financing Agreement, or in any #17..
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certification, report, or request for reimbursement made pursuant to this Agreement, by the City, its employees, agents, or contractors; j. Any substantial change in scope of the Project or Program. The City must undertake no substantial change in the scope of the Project or Program until prompt written notice of the proposed change has been provided to the County and the State Water Board has given written approval pursuant to the terms of the Financing Agreement for the change, which may require formal amendment of the Financing Agreement; k. Any circumstance, combination of circumstances, or condition, which is expected to or does delay Completion of Construction for a period of ninety (90) days or more; l. Cessation of all major construction work on the Project or Program where such cessation of work is expected to or does extend for a period of thirty (30) days or more;
m. The City must promptly notify the County of the discovery of any unexpected endangered or threatened species, as defined in the federal Endangered Species Act.
Should a federally protected species be unexpectedly encountered during implementation of the Project or Program, the City agrees to promptly notify the County. This notification is in addition to the City’s obligations under the federal Endangered Species Act;
n. Any Project monitoring, demonstration, or other implementation activities; o. Any public or media event publicizing the accomplishments and/or results of the Project or Program, and provide the opportunity for attendance and participation by state representatives with at least ten (10) working days’ notice; p. Any event requiring notice to the County pursuant to any other provision of this Agreement;
q. The award of the prime construction contract for the Program; and the initiation of construction of the Program; and
r. Completion of Construction, and Project Completion.
9. The City shall prevent fraud, waste, and the abuse of any funding received through the Financing Agreement, and shall cooperate in any investigation of such activities that are suspected in connection with the Financing Agreement. The City understands that discovery of any evidence of misrepresentation or fraud related to reimbursement requests, invoices, proof of payment of invoices, or other supporting information, including but not limited to double or multiple billing for time, services, or any other eligible cost, may result in an administrative action by the State Water Board and/or referral to the Attorney General’s Office or the applicable District Attorney’s Office for appropriate action.
The City further understands that any suspected occurrences of false claims, misrepresentation, fraud, forgery, theft or any other misuse of funds may result in withholding of reimbursements and/or require the immediate repayment of all funds under the Financing Agreement. A person who knowingly makes or causes to be made any false statement, material misrepresentation, or false certification in any submittal may be subject to a civil penalty, criminal fine, or imprisonment. (Wat. Code, § 13490 et seq.)
10. The City is prohibited from requesting disbursement amounts that represent City’s markups to costs invoiced or otherwise requested by consultants or contractors. #17..
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11. Where construction contractors are used, the City must not authorize construction to begin until each contractor has furnished a performance bond in favor of the City in the following amounts: faithful performance (100%) of contract value; labor and materials (100%) of contract value. This requirement shall not apply to any contract for less than $25,000.00.
12. The City must adhere to any applicable State law or local ordinance for competitive bidding and applicable labor laws. The City must not award a construction contract until a summary of bids and identification of the selected lowest responsible bidder is submitted to the County, and the County has received written approval under the Financing Agreement. The City must provide a full explanation if the City is proposing to award a construction contract to anyone other than the lowest responsible bidder.
13. The City must, at all times, comply with and require its contractors and subcontractors to comply with all applicable federal and State laws, rules, guidelines, regulations, and requirements and with provisions of the adopted environmental mitigation plan, if any, for the useful life of the Project.
14. The City certifies that it, its owners, officers, directors, agents, representatives, and employees are in compliance with applicable State and federal conflict of interest laws and will remain in compliance for the useful life of the Project. Any service provider or contractor with which the City contracts must not have any role or relationship with the City, that, in effect, substantially limits the City's ability to exercise its rights, including cancellation rights, under the contract, based on all the facts and circumstances. The City agrees that it will provide its adopted conflict of interest codes if requested.
15. The City must not contract or allow subcontracting with excluded parties. The City must not contract with any party who is debarred or suspended or otherwise excluded from or ineligible for participation in any work overseen, directed, funded, or administered by the State Water Board program for which this funding is authorized. For any work related to this Agreement, the City must not contract with any individual or organization on the State Water Board’s List of Disqualified Businesses and Persons that is identified as debarred or suspended or otherwise excluded from or ineligible for participation in any work overseen, directed, funded, or administered by the State Water Board program for which funding under the Financing Agreement is authorized. The State Water Board’s List of Disqualified Businesses and Persons is located at
http://www.waterboards.ca.gov/water_issues/programs/enforcement/fwa/dbp.shtml
16. The City and County agree that review or approval of Project plans and specifications by the State Water Board is for administrative purposes only, including conformity with application and eligibility criteria, and expressly not for the purposes of design defect review or construction feasibility, and does not relieve the City or County of their responsibility to properly plan, design, construct, operate, and maintain the Project and Program. #17..
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17. Throughout the useful life of the Project, City agrees that the State Water Board shall have the right to inspect the Project area to ascertain compliance with the Financing Agreement.
18. The City must not make any pledge of or place any lien on the Project or Project assets except upon consent of the State Water Board.
19. The City must comply with Government Code section 11135 and the implementing regulations (Cal. Code Regs, tit. 2, § 11140 et seq.), including, but not limited to, ensuring that no person is unlawfully denied full and equal access to the benefits of, or unlawfully subjected to discrimination in the operation of, the Project on the basis of sex, race, color, religion, ancestry, national origin, ethnic group identification, age, mental disability, physical disability, medical condition, genetic information, marital status, or sexual orientation as such terms are defined under California law, for as long as the City retains ownership or possession of the Project. If Project Funds are used to acquire or improve real property, the City must include a covenant of nondiscrimination running with the land in the instrument effecting or recording the transfer of such real property. The City must comply with the federal American with Disabilities Act of 1990 and implementing regulations as required by Government Code section 11135(b). The City’s obligations under this section shall survive the term of this Agreement. During the performance of this Agreement, the City and its contractors and subcontractors must not unlawfully discriminate, harass, or allow harassment against any employee or applicant for employment because of sex, race, color, ancestry, religious creed, national origin, sexual orientation, physical disability (including HIV and AIDS), mental disability, medical condition (cancer), age (over 40), marital status, denial of family care leave, or genetic information, gender, gender identity, gender expression, or military and veteran status. The City, its contractors, and subcontractors must ensure that the evaluation and treatment of their employees and applicants for employment are free from such discrimination and harassment. The City, its contractors, and subcontractors must comply with the provisions of the Fair Employment and Housing Act and the applicable regulations promulgated thereunder. (Gov. Code, §12990, subds. (a)- (f) et seq.;Cal. Code Regs., tit. 2, § 7285 et seq.) Such regulations are incorporated into this Agreement by reference and made a part hereof as if set forth in full. The City, its contractors, and subcontractors must give written notice of their obligations under this clause to labor organizations with which they have a collective bargaining or other agreement. The City must include the nondiscrimination and compliance provisions of this clause in all subcontracts to perform work under this Agreement.
20. If applicable, the City agrees to be bound by all applicable provisions of State Labor Code regarding prevailing wages. If applicable, the City must monitor all agreements subject to reimbursement from the County through the Financing Agreement to ensure that the applicable prevailing wage provisions of the State Labor Code are being met. Division of Industrial Relations (DIR) requirements may be found at: http://www.dir.ca.gov/lcp.asp.
For more information, please refer to DIR’s Public Works Manual at:
http://www.dir.ca.gov/dlse/PWManualCombined.pdf.
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21. The City agrees that only licensed professionals will be used to perform services for the Program where such services are called for. All technical reports required pursuant to this Agreement that involve planning, investigation, evaluation, design, or other work requiring interpretation and proper application of engineering, architectural, or geologic sciences, shall be prepared by or under the direction of persons registered to practice in California pursuant to Business and Professions Code, sections 5536.1, 6735, 7835, and 7835.1. As required by these laws, completed technical reports must bear the signature(s) and seal(s) of the registered professional(s) in a manner such that all work can be clearly attributed to the professional responsible for the work.
22. City represents that, as applicable, it complies and covenants to maintain compliance with the following with respect to all Project and Program costs for the term of this Agreement:
a. The California Environmental Quality Act (CEQA), as set forth in Public Resources Code 21000 et seq. and in the CEQA Guidelines at Title 14, Division 6, Chapter 3, Section 15000 et seq.
b. Water Conservation requirements, including regulations in Division 3 of Title 23 of the California Code of Regulations.
c. Monthly Water Diversion Reporting requirements, including requirements set forth in Water Code section 5103.
d. Public Works Contractor Registration with Department of Industrial Relations requirements, including requirements set forth in Sections 1725.5 and 1771.1 of the Labor Code.
e. Volumetric Pricing & Water Meters requirements, including the requirements of Water Code sections 526 and 527.
f. Urban Water Management Plan requirements, including the Urban Water Management Planning Act (Water Code, § 10610 et seq.).
g. Urban Water Demand Management requirements, including the requirements of Section 10608.56 of the Water Code.
h. Delta Plan Consistency Findings requirements, including the requirements of Water Code section 85225 and California Code of Regulations, title 23, section 5002. i. Agricultural Water Management Plan Consistency requirements, including the requirements of Water Code section 10852.
j. Charter City Project Labor Requirements, including the requirements of Labor Code section 1782 and Public Contract Code section 2503.
k. The City agrees that it will, at all times, comply with and require its contractors and subcontractors to comply with directives or orders issued pursuant to Division 7 of the Water Code.
l. Regulations in Division 4 of Title 22 of the California Code of Regulations, including but not limited to California Waterworks Standards in Chapter 16, and Lead and Copper regulations in Chapter 17.5.
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23. Federal Cross-Cutters. The City acknowledges, warrant compliance with, and covenants to continuing compliance with the following federal terms and conditions with respect to all Program and Project costs for the term of this Agreement and the useful life of the Project:
a. Unless the County has obtained a waiver from USEPA on file with the State Water Board or unless this Project is not a project for the construction, alteration, maintenance or repair of a public water system or treatment work, the City shall not purchase “iron and steel products” produced outside of the United States on this Program or Project. Unless the County has obtained a waiver from USEPA on file with the State Water Board or unless this Project is not a project for the construction, alteration, maintenance or repair of a public water system or treatment work, the City hereby certifies that all “iron and steel products” used in the Project or Program were or will be produced in the United States. For purposes of this section, the term "iron and steel products" means the following products made primarily of iron or steel: lined or unlined pipes and fittings, manhole covers and other municipal castings, hydrants, tanks, flanges, pipe clamps and restraints, valves, structural steel, reinforced precast concrete, and construction materials. “Steel” means an alloy that includes at least 50 percent iron, between .02 and 2 percent carbon, and may include other elements.
b. The City agrees to comply with the Davis-Bacon provisions incorporated by reference in the Financing Agreement. The City must include in full the Wage Rate Requirements (Davis-Bacon) language incorporated by reference in the Financing Agreement in all construction contracts and subcontracts. c. The City shall notify the County of public or media events publicizing the accomplishment of significant events related to this Project and Program, and provide the opportunity for attendance and participation by federal representatives and the State Water Board with at least ten (10) working days’ notice. d. The City shall comply with the Disadvantaged Business Enterprises (DBE) requirements in 40 CFR § 33.301 for the Program and require its contractors and subcontractors on the Program to comply. 40 CFR § 33.301 requires the use of good faith efforts to utilize DBE’s whenever procuring construction, equipment, services, and supplies. The City must report DBE utilization to the County on the DBE Utilization Report, State Water Board Form DBE UR334, for the County to submit under the Financing Agreement. The City must submit such reports to the County annually within ten (10) calendar days following October 1 until such time as the "Notice of Completion" is issued.
e. The City shall comply with applicable USEPA general terms and conditions found at https://www.epa.gov/grants/epa-general-terms-and-conditions-effective-october-1- 2022-or-later.
f. The City represents and warrants that it and its principals are not excluded or disqualified from participating in this transaction as such terms are defined in Parts 180 and 1532 of Title 2 of the Code of Federal Regulations (2 CFR). If the City is excluded after execution of this Agreement, the City shall notify the County and the State Water Board within ten (10) days, and shall inform the County and State Water Board of the City’s exclusion prior to any request by the County for amendment of the Financing Agreement. The City shall comply with Subpart C of Part 180 of 2 CFR, #17..
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as supplemented by Subpart C of Part 1532 of 2 CFR. Such compliance is a condition precedent to the receipt of any funding for the Program or Project. When entering into a covered transaction as defined in Parts 180 and 1532 of 2 CFR, the City shall require the other party to the covered transaction to comply with Subpart C of Part 180 of 2 CFR, as supplemented by Subpart C of Part 1532 of 2 CFR. g. To the extent applicable, the City shall disclose to the County and the State Water Board any potential conflict of interest consistent with USEPA’s Final Financial Assistance Conflict of Interest Policy at https://www.epa.gov/grants/epas-finalfinancial-assistance-conflict-interest-policy. A conflict of interest may result in disallowance of costs.
h. USEPA and the State Water Board have the right to reproduce, publish, use and authorize others to reproduce, publish and use copyrighted works or other data developed under this Agreement.
i. The City agrees that any reports, documents, publications or other materials developed for public distribution supported by funding from the Financing Agreement shall contain the Acknowledgment statement set forth in the Financing Agreement.
j. The City acknowledges that it is encouraged to follow guidelines established under Section 508 of the Rehabilitation Act, codified at 36 CFR Part 1194, with respect to enabling individuals with disabilities to participate in its programs supported by the Financing Agreement.
k. The City, its employees, contractors and subcontractors and their employees warrants that it will not engage in severe forms of trafficking in persons, procure a commercial sex act during the term of this Agreement, or use forced labor in the performance of this Agreement. The City must include this provision in its contracts and subcontracts for the Project and Program. The City must inform the County and the State Water Board immediately of any information regarding a violation of the foregoing. The City understands that failure to comply with this provision may subject the State Water Board to loss of federal funds. The City agrees to compensate the State Water Board for any such funds lost due to its failure to comply with this condition, or the failure of its contractors or subcontractors to comply with this condition.
l. The City certifies to the best of its knowledge and belief that:
i. No federal appropriated funds have been paid or will be paid, by or on behalf of the City, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any federal contract, the making of any federal grant, the making of any federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any federal contract, grant, loan, or cooperative agreement. ii. If any funds other than federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress in connection with this Agreement or the Financing Agreement, the City shall complete and submit #17..
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Standard Form-LLL, “Disclosure Form to Report Lobbying,” in accordance with its instructions, and notify the County and State Water Board. m. The City shall require this certification from all parties to any contract or agreement that the City enters into and under which the City incurs costs for which it seeks reimbursement from the County under this Agreement.
n. The City must comply with the following federal non-discrimination requirements:
i. Title VI of the Civil Rights Act of 1964, which prohibits discrimination based on race, color, and national origin, including limited English proficiency (LEP). ii. Section 504 of the Rehabilitation Act of 1973, which prohibits discrimination against persons with disabilities.
iii. The Age Discrimination Act of 1975, which prohibits age discrimination. iv. Section 13 of the Federal Water Pollution Control Act Amendments of 1972, which prohibits discrimination on the basis of sex.
v. 40 CFR Part 7, as it relates to the foregoing.
vi. Executive Order 13798, including, to the greatest extent practicable and to the extent permitted by law, the requirement to respect and protect the freedom of persons and organizations to engage in political and religious speech.
vii. All applicable federal civil rights regulations, including statutory and national policy requirements (2 CFR section 200.300).
Where the City contracts for program management, construction management, feasibility studies, preliminary engineering, design, engineering, surveying, mapping, or architectural related services, the City shall ensure that any such contract is negotiated in the same manner as a contract for architectural and engineering services is negotiated under chapter 11 of title 40, United States Code, or an equivalent State qualifications-based requirement as determined by the State Water Board.
o. The City certifies that it has developed and is implementing a fiscal sustainability plan for the Project that includes an inventory of critical assets that are a part of the Project, an evaluation of the condition and performance of inventoried assets or asset groupings, a certification that the City has evaluated and will be implementing water and energy conservation efforts as part of the plan, and a plan for maintaining, repairing, and, as necessary, replacing the Project and a plan for funding such activities.
p. Executive Order No. 11246. The City shall include in its contracts and subcontracts related to the Project or Program the following provisions:
"During the performance of this contract, the contractor agrees as follows:"(a) The contractor will not discriminate against any employee or applicant for employment because of race, creed, color, or national origin. The contractor will take affirmative action to ensure that applicants are employed, and that employees are treated #17..
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during employment, without regard to their race, creed, color, or national origin.
Such action shall include, but not be limited to the following: employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided by the contracting officer setting forth the provisions of this nondiscrimination clause. "(b) The contractor will, in all solicitations or advertisements for employees placed by or on behalf of the contractor, state that all qualified applicants will receive consideration for employment without regard to race, creed, color, or national origin.
"(c) The contractor will send to each labor union or representative of workers with which he has a collective bargaining agreement or other contract or understanding, a notice, to be provided by the agency contracting officer, advising the labor union or workers' representative of the contractor's commitments under Section 202 of Executive Order No. 11246 of September 24, 1965, and shall post copies of the notice in conspicuous places available to employees and applicants for employment. "(d) The contractor will comply with all provisions of Executive Order No. 11246 of Sept. 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor.
"(e) The contractor will furnish all information and reports required by Executive Order No. 11246 of September 24, 1965, and by the rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his books, records, and accounts by the contracting agency and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations, and orders.
"(f) In the event of the contractor's noncompliance with the nondiscrimination clauses of this contract or with any of such rules, regulations, or orders, this contract may be cancelled, terminated or suspended in whole or in part and the contractor may be declared ineligible for further Government contracts in accordance with procedures authorized in Executive Order No. 11246 of Sept 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in Executive Order No. 11246 of September 24, 1965, or by rule, regulation, or order of the Secretary of Labor, or as otherwise provided by law.
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"(g) The contractor will include the provisions of Paragraphs (1) through (7) in every subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to Section 204 of Executive Order No. 11246 of Sept. 24, 1965, so that such provisions will be binding upon each subcontractor or vendor. The contractor will take such action with respect to any subcontract or purchase order as the contracting agency may direct as a means of enforcing such provisions including sanctions for noncompliance: Provided, however, That in the event the contractor becomes involved in, or is threatened with, litigation with a subcontractor or vendor as a result of such direction by the contracting agency, the contractor may request the United States to enter into such litigation to protect the interests of the United States."
q. The City agrees to comply with the requirements of USEPA’s Program for Utilization of Small, Minority and Women’s Business Enterprises.
r. Procurement Prohibitions under Section 306 of the Clean Air Act and Section 508 of the Clean Water Act, including Executive Order 11738, Administration of the Clean Air Act and the Federal Water Pollution Control Act with Respect to Federal Contracts, Grants, or Loans; 42 USC § 7606; 33 USC § 1368. The City may not procure goods, services, or materials from suppliers excluded under the federal System for Award Management: sam.gov
s. Uniform Relocation and Real Property Acquisition Policies Act, Pub. L. 91-646, as amended; 42 USC §§4601-4655. The City must comply with the Act’s implementing regulations at 49 CFR 24.101 through 24.105.
t. The City agrees that if its network or information system is connected to USEPA networks to transfer data using systems other than the Environmental Information Exchange Network or USEPA’s Central Data Exchange, it will ensure that any connections are secure.
u. All geospatial data created pursuant to this Agreement that is submitted by the City or County to the State Water Board for use by USEPA or that is submitted directly to USEPA must be consistent with Federal Geographic Data Committee endorsed standards. Information on these standards may be found at www.fgdc.gov v. The City certifies that no funding received through the Financing Agreement will be used on:
i. Video surveillance or telecommunications equipment produced by Huawei Technologies Company or ZTE Corporation (or any subsidiary or affiliate of such entities), telecommunications equipment produced by Hytera Communications Corporation, Hangzhou Hikvision Digital Technology #17..
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Company, or Dahua Technology Company (or any subsidiary or affiliate of such entities);
ii. Telecommunications or video surveillance services produced by such entities; iii. Telecommunications or video surveillance equipment or services produced or provided by an entity that the Secretary of Defense, in consultation with the Director of the National Intelligence or the Director of the Federal Bureau of Investigation, reasonably believes to be an entity owned or controlled by, or otherwise connected to, the government of a covered foreign country; or iv. Other telecommunications or video surveillance services or equipment in violation of 2 CFR 200.216.
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No. APN # Address Acres (APN
+ 1/2 RW)
Use
Code Dwelling Size Sub-Trunk Fee WWCC Fee*
OSA Fee
$211 Notary
Stanislaus
Building
Permit
On-site Lateral
Construction and Tank
Demo Cost
Encroachment
Permit
Septic to Sewer
Staff
Implementation
Cost
Total Fees
1 030-004-002 113 Spencer Ave 0.31 SF 1 4 $200 $2,643 $211 $35 $716 $15,000 $245 $750 $19,800 2 030-004-005 207 Spencer Ave 1.68 SF 1 4 $1,083 $2,643 $211 $35 $716 $15,000 $245 $750 $20,683 3 030-004-006 211 Spencer Ave 0.19 SF 1 4 $124 $2,643 $211 $35 $716 $15,000 $245 $750 $19,724 4 030-004-007 215 Spencer Ave 0.18 SF 1 4 $119 $2,643 $211 $35 $716 $15,000 $245 $750 $19,719 5 030-004-008 221 Spencer Ave 0.19 SF 1 4 $122 $2,643 $211 $35 $716 $15,000 $245 $750 $19,722 6 030-004-009 227 Spencer Ave 1.39 MS 1 6 $895 $2,643 $211 $35 $716 $15,000 $245 $750 $20,495 7 030-004-010 301 Spencer Ave 1.01 MS 5 6 $653 $10,755 $211 $35 $1,948 $75,000 $245 $750 $89,597 8 030-004-013 323 Spencer Ave 0.89 MF 2 6 $575 $4,302 $211 $35 $1,024 $30,000 $245 $750 $37,142 9 030-004-014 333 Spencer Ave 0.87 SF 1 4 $559 $2,643 $211 $35 $716 $15,000 $245 $750 $20,159 10 030-004-015 337 Spencer Ave 0.84 MS 1 6 $541 $2,643 $211 $35 $716 $15,000 $245 $750 $20,141 11 030-004-016 311 Spencer Ave 0.88 SF 1 4 $569 $2,643 $211 $35 $716 $15,000 $245 $750 $20,169 12 030-004-017 319 Spencer Ave 0.89 SF 1 4 $575 $2,643 $211 $35 $716 $15,000 $245 $750 $20,175 13 030-005-001 523 Maze Blvd 1.82 MF 2 6 $1,172 $4,302 $211 $35 $1,024 $30,000 $245 $750 $37,739 14 030-005-002 527 Maze Blvd 0.23 SF 1 4 $148 $2,643 $211 $35 $716 $15,000 $245 $750 $19,748 15 030-005-003 531 Maze Blvd 1.49 SF 1 4 $959 $2,643 $211 $35 $716 $15,000 $245 $750 $20,559 16 030-005-004 539 Maze Blvd 1.49 SF 1 4 $963 $2,643 $211 $35 $716 $15,000 $245 $750 $20,563 17 030-005-005 541 Maze Blvd 0.55 SF 1 4 $355 $2,643 $211 $35 $716 $15,000 $245 $750 $19,955 18 030-005-006 545 Maze Blvd 0.55 SF 1 4 $356 $2,643 $211 $35 $716 $15,000 $245 $750 $19,956 19 030-005-007 601 Maze Blvd 0.22 SF 1 4 $141 $2,643 $211 $35 $716 $15,000 $245 $750 $19,741 20 030-005-008 606 Maze Blvd 0.36 SF 1 4 $229 $2,643 $211 $35 $716 $15,000 $245 $750 $19,829 21 030-005-009 114 Spencer Ave 0.21 SF 1 4 $138 $2,643 $211 $35 $716 $15,000 $245 $750 $19,738 22 030-005-010 118 Spencer Ave 0.22 SF 1 4 $141 $2,643 $211 $35 $716 $15,000 $245 $750 $19,741 23 030-005-011 128 Spencer Ave 0.95 SF 1 4 $610 $2,643 $211 $35 $716 $15,000 $245 $750 $20,210 24 030-005-012 204 Spencer Ave 0.94 SF 1 4 $603 $2,643 $211 $35 $716 $15,000 $245 $750 $20,203 25 030-005-013 214 Spencer Ave 0.50 SF 1 4 $321 $2,643 $211 $35 $716 $15,000 $245 $750 $19,921 26 030-005-014 220 Spencer Ave 0.47 SF 1 4 $304 $2,643 $211 $35 $716 $15,000 $245 $750 $19,904 27 030-005-015 226 Spencer Ave 1.02 SF 1 4 $658 $2,643 $211 $35 $716 $15,000 $245 $750 $20,258 28 030-005-016 230 Spencer Ave 3.80 MS 3 6 $2,448 $6,453 $211 $35 $1,332 $45,000 $245 $750 $56,474 29 030-005-017 304 Spencer Ave 0.21 SF 1 4 $134 $2,643 $211 $35 $716 $15,000 $245 $750 $19,734 30 030-005-018 320 Spencer Ave 1.34 MS 1 6 $866 $2,643 $211 $35 $716 $15,000 $245 $750 $20,466 31 030-005-020 611 Truman Ave 0.21 SF 1 4 $138 $2,643 $211 $35 $716 $15,000 $245 $750 $19,738 32 030-005-021 617 Truman Ave 0.45 SF 1 4 $291 $2,643 $211 $35 $716 $15,000 $245 $750 $19,891 33 030-005-022 326 Spencer Ave 0.23 SF 1 4 $150 $2,643 $211 $35 $716 $15,000 $245 $750 $19,750 34 030-005-023 330 Spencer Ave 0.32 SF 1 4 $205 $2,643 $211 $35 $716 $15,000 $245 $750 $19,805 35 030-005-024 603 Truman Ave 0.21 SF 1 4 $137 $2,643 $211 $35 $716 $15,000 $245 $750 $19,737 36 030-005-026 533 Truman Ave 2.24 MS 1 6 $1,445 $2,643 $211 $35 $716 $15,000 $245 $750 $21,045 37 030-008-003 415 Spencer Ave 1.53 MS 2 6 $987 $4,302 $211 $35 $1,024 $30,000 $245 $750 $37,554 38 030-008-004 417 Spencer Ave 0.16 SF 1 4 $105 $2,643 $211 $35 $716 $15,000 $245 $750 $19,705 39 030-008-005 503 Spencer Ave 1.02 MS 4 6 $655 $8,604 $211 $35 $1,640 $60,000 $245 $750 $72,140 40 030-008-006 511 Spencer Ave 1.01 MS 2 6 $654 $4,302 $211 $35 $1,024 $30,000 $245 $750 $37,221 41 030-008-015 409 Spencer Ave 0.30 SF 1 4 $191 $2,643 $211 $35 $716 $15,000 $245 $750 $19,791 42 030-008-016 405 Spencer Ave 1.24 SF 1 4 $798 $2,643 $211 $35 $716 $15,000 $245 $750 $20,398 43 030-009-002 404 Marshall Ave 0.30 SF 1 4 $190 $2,643 $211 $35 $716 $15,000 $245 $750 $19,790 44 030-009-003 408 Marshall Ave 0.59 SF 1 4 $381 $2,643 $211 $35 $716 $15,000 $245 $750 $19,981 45 030-009-004 416 Marshall Ave 0.34 SF 1 4 $220 $2,643 $211 $35 $716 $15,000 $245 $750 $19,820 46 030-009-005 500 Marshall Ave 0.34 SF 1 4 $220 $2,643 $211 $35 $716 $15,000 $245 $750 $19,820 47 030-009-006 504 Marshall Ave 0.33 SF 1 4 $210 $2,643 $211 $35 $716 $15,000 $245 $750 $19,810 48 030-009-007 508 Marshall Ave 0.32 SF 1 4 $209 $2,643 $211 $35 $716 $15,000 $245 $750 $19,809 49 030-009-008 512 Marshall Ave 0.32 SF 1 4 $209 $2,643 $211 $35 $716 $15,000 $245 $750 $19,809 50 030-009-009 516 Marshall Ave 0.44 SF 1 4 $286 $2,643 $211 $35 $716 $15,000 $245 $750 $19,886 51 030-009-010 600 Marshall Ave 0.33 SF 1 4 $216 $2,643 $211 $35 $716 $15,000 $245 $750 $19,816 52 030-009-011 604 Marshall Ave 0.34 SF 1 4 $216 $2,643 $211 $35 $716 $15,000 $245 $750 $19,816 53 030-009-012 608 Marshall Ave 0.34 SF 1 4 $216 $2,643 $211 $35 $716 $15,000 $245 $750 $19,816 54 030-009-013 612 Marshall Ave 0.33 SF 1 4 $216 $2,643 $211 $35 $716 $15,000 $245 $750 $19,816 55 030-009-014 616 Marshall Ave 0.35 SF 1 4 $224 $2,643 $211 $35 $716 $15,000 $245 $750 $19,824 56 030-009-015 529 California Ave 1.69 Church 2 6 $1,089 $4,302 $211 $35 $1,024 $30,000 $245 $750 $37,656 57 030-009-017 617 Marshall Ave 0.33 SF 1 4 $213 $2,643 $211 $35 $716 $15,000 $245 $750 $19,813 58 030-009-018 613 Marshall Ave 0.31 MS 3 6 $203 $6,453 $211 $35 $1,332 $45,000 $245 $750 $54,229 59 030-009-019 609 Marshall Ave 0.31 SF 1 4 $203 $2,643 $211 $35 $716 $15,000 $245 $750 $19,803 60 030-009-020 605 Marshall Ave 0.31 SF 1 4 $203 $2,643 $211 $35 $716 $15,000 $245 $750 $19,803 61 030-009-021 601 Marshall Ave 0.31 SF 1 4 $203 $2,643 $211 $35 $716 $15,000 $245 $750 $19,803 62 030-009-022 517 Marshall Ave 0.32 SF 1 4 $208 $2,643 $211 $35 $716 $15,000 $245 $750 $19,808 63 030-009-023 513 Marshall Ave 0.40 MS 2 6 $259 $4,302 $211 $35 $1,024 $30,000 $245 $750 $36,826 64 030-009-024 509 Marshall Ave 0.31 SF 1 4 $197 $2,643 $211 $35 $716 $15,000 $245 $750 $19,797 65 030-009-025 505 Marshall Ave 0.31 SF 1 4 $197 $2,643 $211 $35 $716 $15,000 $245 $750 $19,797 66 030-009-026 501 Marshall Ave 0.32 MS 1 6 $206 $2,643 $211 $35 $716 $15,000 $245 $750 $19,806 67 030-009-027 417 Marshall Ave 0.29 SF 1 4 $190 $2,643 $211 $35 $716 $15,000 $245 $750 $19,790 68 030-009-028 413 Marshall Ave 0.28 SF 1 4 $178 $2,643 $211 $35 $716 $15,000 $245 $750 $19,778 69 030-009-030 401 Marshall Ave 0.41 SF 1 4 $266 $2,643 $211 $35 $716 $15,000 $245 $750 $19,866 70 030-009-031 400 Spencer Ave 0.40 SF 1 4 $257 $2,643 $211 $35 $716 $15,000 $245 $750 $19,857 71 030-009-032 404 Spencer Ave 0.28 SF 1 4 $178 $2,643 $211 $35 $716 $15,000 $245 $750 $19,778 72 030-009-033 408 Spencer Ave 0.28 MS 1 6 $178 $2,643 $211 $35 $716 $15,000 $245 $750 $19,778 73 030-009-034 412 Spencer Ave 0.28 MS 1 6 $178 $2,643 $211 $35 $716 $15,000 $245 $750 $19,778 74 030-009-035 418 Spencer Ave 0.29 MS 2 6 $190 $4,302 $211 $35 $1,024 $30,000 $245 $750 $36,757 75 030-009-036 500 Spencer Ave 0.38 SF 1 4 $244 $2,643 $211 $35 $716 $15,000 $245 $750 $19,844 76 030-009-037 504 Spencer Ave 0.29 SF 1 4 $188 $2,643 $211 $35 $716 $15,000 $245 $750 $19,788 77 030-009-038 508 Spencer Ave 0.29 SF 1 4 $188 $2,643 $211 $35 $716 $15,000 $245 $750 $19,788 Program Sewer Connection Fees Program City Costs
ATTACHMENT A
West Modesto Sewer
Spencer/Matshall Ave Community (County Area 7) Project
1 of 2
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No. APN # Address Acres (APN
+ 1/2 RW)
Use
Code Dwelling Size Sub-Trunk Fee WWCC Fee*
OSA Fee
$211 Notary
Stanislaus
Building
Permit
On-site Lateral
Construction and Tank
Demo Cost
Encroachment
Permit
Septic to Sewer
Staff
Implementation
Cost
Total Fees
Program Sewer Connection Fees Program City Costs
ATTACHMENT A
West Modesto Sewer
Spencer/Matshall Ave Community (County Area 7) Project
78 030-009-039 512 Spencer Ave 0.29 SF 1 4 $188 $2,643 $211 $35 $716 $15,000 $245 $750 $19,788 79 030-009-040 516 Spencer Ave 0.41 SF 1 4 $262 $2,643 $211 $35 $716 $15,000 $245 $750 $19,862 80 030-009-041 600 Spencer Ave 0.32 SF 1 4 $203 $2,643 $211 $35 $716 $15,000 $245 $750 $19,803 81 030-009-042 604 Spencer Ave 0.31 SF 1 4 $203 $2,643 $211 $35 $716 $15,000 $245 $750 $19,803 82 030-009-043 608 Spencer Ave 0.31 SF 1 4 $203 $2,643 $211 $35 $716 $15,000 $245 $750 $19,803 83 030-009-044 612 Spencer Ave 0.31 SF 1 4 $203 $2,643 $211 $35 $716 $15,000 $245 $750 $19,803 84 030-009-045 616 Spencer Ave 0.33 SF 1 4 $213 $2,643 $211 $35 $716 $15,000 $245 $750 $19,813 85 030-009-046 700 Spencer Ave 0.39 SF 1 4 $254 $2,643 $211 $35 $716 $15,000 $245 $750 $19,854 86 030-009-047 704 Spencer Ave 0.39 SF 1 4 $254 $2,643 $211 $35 $716 $15,000 $245 $750 $19,854 87 030-009-048 712 Spencer Ave 0.39 SF 1 4 $254 $2,643 $211 $35 $716 $15,000 $245 $750 $19,854 88 030-009-049 716 Spencer Ave 0.56 SF 1 4 $361 $2,643 $211 $35 $716 $15,000 $245 $750 $19,961 89 030-009-052 701 Marshall Ave 0.36 SF 1 4 $234 $2,643 $211 $35 $716 $15,000 $245 $750 $19,834 90 030-009-053 705 Marshall Ave 0.36 SF 1 4 $234 $2,643 $211 $35 $716 $15,000 $245 $750 $19,834 91 030-009-054 607 California Ave 0.50 SF 1 4 $325 $2,643 $211 $35 $716 $15,000 $245 $750 $19,925 92 030-009-055 713 Marshall Ave 0.36 SF 1 4 $231 $2,643 $211 $35 $716 $15,000 $245 $750 $19,831 93 030-009-056 409 Marshall Ave 0.28 SF 1 4 $178 $2,643 $211 $35 $716 $15,000 $245 $750 $19,778 94 030-009-057 405 Marshall Ave 0.28 SF 1 4 $178 $2,643 $211 $35 $716 $15,000 $245 $750 $19,778 95 030-009-058 400 Marshall Ave 0.43 SF 1 4 $275 $2,643 $211 $35 $716 $15,000 $245 $750 $19,875 96 030-010-005 420 Spruce Street 0.20 SF 1 4 $132 $2,643 $211 $35 $716 $15,000 $245 $750 $19,732 97 030-010-006 422 Spruce Street 0.18 SF 1 4 $119 $2,643 $211 $35 $716 $15,000 $245 $750 $19,719 98 030-010-007 426 Spruce Street 0.28 MS 2 6 $180 $4,302 $211 $35 $1,024 $30,000 $245 $750 $36,747 99 030-010-008 428 Spruce Street 0.21 SF 1 4 $132 $2,643 $211 $35 $716 $15,000 $245 $750 $19,732 100 030-010-009 430 Spruce Street 0.28 MS 3 6 $180 $6,453 $211 $35 $1,332 $45,000 $245 $750 $54,206 101 030-010-013 433 Spruce Street 0.16 SF 1 4 $106 $2,643 $211 $35 $716 $15,000 $245 $750 $19,706 102 030-010-014 431 Spruce Street 0.16 SF 1 4 $106 $2,643 $211 $35 $716 $15,000 $245 $750 $19,706 103 030-010-015 429 Spruce Street 0.16 SF 1 4 $106 $2,643 $211 $35 $716 $15,000 $245 $750 $19,706 104 030-010-016 427 Spruce Street 0.15 SF 1 4 $99 $2,643 $211 $35 $716 $15,000 $245 $750 $19,699 105 030-010-017 425 Spruce Street 0.18 SF 1 4 $118 $2,643 $211 $35 $716 $15,000 $245 $750 $19,718 106 030-010-018 423 Spruce Street 0.20 MF 4 6 $126 $8,604 $211 $35 $1,640 $60,000 $245 $750 $71,611 107 030-010-019 413 Spruce Street 0.16 SF 1 4 $105 $2,643 $211 $35 $716 $15,000 $245 $750 $19,705 108 030-010-021 401 Spruce Street 0.20 SF 1 4 $129 $2,643 $211 $35 $716 $15,000 $245 $750 $19,729 109 030-010-022 505 S Martin Luther Kin Dr 0.33 SF 1 4 $214 $2,643 $211 $35 $716 $15,000 $245 $750 $19,814 110 030-010-033 409 Spruce Street 0.17 SF 1 4 $107 $2,643 $211 $35 $716 $15,000 $245 $750 $19,707 111 030-010-034 411 Spruce Street 0.17 SF 1 4 $107 $2,643 $211 $35 $716 $15,000 $245 $750 $19,707 112 030-010-036 414 Spruce Street 0.23 SF 1 4 $146 $2,643 $211 $35 $716 $15,000 $245 $750 $19,746
57.69 136 $37,212 $340,752 $23,632 $3,920 $87,584 $2,040,000 $27,440 $84,000 $2,644,540 4-inch service: 91
6-inch service: 21
*WWCC fee rate for Single Family (SF) = $2,643
*WWCC fee rate for Multi Family (MF) = $2,151 Assuming one service per APN, Sub-Trunk Fee was calculated using $645/Acre. 2 of 2
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CITY OF MODESTO
COUNCIL AGENDA REPORT
DATE OF MEETING:
January 28, 2025
Date: December 24, 2024
TO: Mayor and City Council
THROUGH: Joseph P. Lopez, City Manager
FROM: William Wong, Director of Utilities
SUBJECT: Amended and Restated Agreement with Stanislaus County West Modesto Sewer Infrastructure Project
Rouse/Colorado Neighborhood - County Area 9
CONTACT: Miguel Alvarez, Associate Engineer
[email protected], 209-577-5348
DESCRIPTION:
Consider approving an Amended and Restated Memorandum of Agreement with Stanislaus County for the West Modesto Sewer Infrastructure Project: Rouse/Colorado Neighborhood - County Area 9. (Funding Source: Wastewater Fund)
STRATEGIC PLAN ELEMENT:
The recommended action supports the 2020-2025 City of Modesto Strategic Plan Initiatives, Goal D: Provide safe, efficient, and reliable infrastructure through proactive community investment, maintenance, and sustainability efforts.
BACKGROUND:
The Rouse/Colorado Neighborhood - County Area 9 is an unincorporated, disadvantaged community comprised of approximately 342 parcels that rely solely on septic systems for the treatment of domestic wastewater.
The City owns and operates a sanitary sewer system adjacent to this area and is prepared to provide wastewater service to the Rouse/Colorado Neighborhood - County Area 9 in collaboration with Stanislaus County in an effort to lessen or eliminate the need for septic systems in the areas adjacent the City and to mitigate health and environmental hazards that can be caused by untreated wastewater.
On March 7, 2023, by Resolution No. 2023-94, Council approved an Agreement with Stanislaus County for Engineering Review and Construction Inspection Services Relating to the West Modesto County Area 9 Sewer Infrastructure Project.
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City Council Meeting, January 28, 2025
Amended and Restated Agreement with Stanislaus County
West Modesto Sewer Infrastructure Project
Rouse/Colorado Neighborhood - County Area 9
DISCUSSION:
Under the Amended and Restated Agreement, the County and City will agree to expand the County Project to include the City’s Septic to Sewer Program, contingent upon the County’s ability to secure appropriate funding for the Project and Program.
The County will be responsible for the design and construction of the improvements in the public right-of-way at no cost to the City and upon completion of the Project the County will transfer ownership of the infrastructure to the City to maintain and operate. Once connected, the owners of these properties will pay the City’s sewer fees.
The City Program will cover the costs associated with the on-site (private property) improvements consisting of installing service laterals and the abandonment and/or removal of septic tanks. Property owners will be required to sign a Right of Entry Agreement acknowledging that their participation in the Program is voluntary and that they agree to hold harmless the State of California, City, and other Authorized Parties against any and all claims, except claims that arise as a result of gross negligence or willful misconduct.
City Staff will also commit to providing engineering and construction administration services for both the Project and Program.
FISCAL IMPACT:
The County Area 9 – Septic to Sewer Program expenses will be housed in the following MultiYear Project:
101642 Septic to Sewer – Area 9
ANTICIPATED PROGRAM EXPENDITURES
Construction $6,390,000
Construction Administration – City Staff $225,000
Connection and Permit Fees $1,564,759
Engineering Support During Construction – City Staff $247,500 $8,427,259
A budget adjustment in the amount of $8,427,259 will be necessary from Wastewater Reserves to fund the Construction Phase of the Septic to Sewer Program - County Area 9.
Reimbursement for the Project and Program will be facilitated by the County. The County will be responsible for submitting a grant application to the State Water Resources Control Board for financing through the Clean Water State Revolving Fund and entering into the subsequent funding agreement.
COMMITTEE RECOMMENDATION:
The original Agreement dated March 7, 2023, was considered by the Economic Development Committee at the meeting held on February 6, 2023, where it was recommended that it be forwarded to Council for approval.
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City Council Meeting, January 28, 2025
Amended and Restated Agreement with Stanislaus County
West Modesto Sewer Infrastructure Project
Rouse/Colorado Neighborhood - County Area 9
CEQA/NEPA REQUIREMENTS:
The County will be conducting the environmental review and preparing the necessary reports in support of the Project and Program.
RECOMMENDED COUNCIL ACTION:
Staff Recommendations:
Resolution approving an Amended and Restated Memorandum of Agreement with Stanislaus County for the West Modesto Sewer Infrastructure Project: Rouse/Colorado Neighborhood – County Area 9 and authorizing the City Manager, or his designee, to execute the Agreement.
Resolution approving an Amendment to the Fiscal Year 2024-25 Multi-Year Program Budget in the amount of $8,427,259 from Wastewater Reserves to fund the Construction Phase of the Septic to Sewer Program – County Area 9 and authorizing the City Manager, or his designee, to implement the provisions of the Resolution.
Approved by:
William Wong, Director of Utilities
Joseph P. Lopez, City Manager
Attachments:
1. Resolutions (2)
2. Agreement with Stanislaus County
West Modesto Sewer Infrastructure Project
Rouse/Colorado Neighborhood - County Area 9
3. Amended and Restated Agreement with Stanislaus County West Modesto Sewer Infrastructure Project
Rouse/Colorado Neighborhood - County Area 9 & attachment A. #18..
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01/28/2025/Utilities/MAlvarez/Item X 1 2025-XX
MODESTO CITY COUNCIL
RESOLUTION NO. 2025-XX
RESOLUTION APPROVING AN AMENDED AND RESTATED
MEMORANDUM OF AGREEMENT WITH STANISLAUS COUNTY FOR THE
WEST MODESTO SEWER INFRASTRUCTURE PROJECT:
ROUSE/COLORADO NEIGHBORHOOD – COUNTY AREA 9 AND
AUTHORIZING THE CITY MANAGER, OR HIS DESIGNEE, TO EXECUTE
THE AGREEMENT
WHEREAS, the Rouse/Colorado Neighborhood – County Area 9 is an unincorporated, disadvantaged community comprised of approximately 342 parcels that rely solely on septic systems for the treatment of domestic wastewater, and WHEREAS, the City owns and operates a sanitary sewer system adjacent to this area and is prepared to provide wastewater service to the Rouse/Colorado Neighborhood – County Area 9 in collaboration with Stanislaus County in an effort to lessen or eliminate the need for septic systems in the areas adjacent the City and to mitigate health and environmental hazards that can be caused by untreated wastewater, and WHEREAS, on March 7, 2023, by Resolution No. 2023-94, Council approved an Agreement with Stanislaus County for Engineering Review and Construction Inspection Services Relating to the West Modesto County Area 9 Sewer Infrastructure Project; and WHEREAS, under the Amended and Restated Agreement, the County and City will agree to expand the County Project to include the City’s Septic to Sewer Program; Contingent upon the County’s ability to secure appropriate funding for the Project and Program, and
WHEREAS, the County will be responsible for the design and construction of the improvements in the public right-of-way at no cost to the City and upon completion of #18..
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01/28/2025/Utilities/MAlvarez/Item X 2 2025-XX
the Project the County will transfer ownership of the infrastructure to the City to maintain and operate, and
WHEREAS, the City Program will cover the costs associated with the on-site (private property) improvements consisting of installing service laterals and the abandonment and/or removal of septic tanks, and
WHEREAS, reimbursement for the Project and Program will be facilitated by the County, and
WHEREAS, the County will be responsible for submitting a grant application to the State Water Resources Control Board for financing through the Clean Water State Revolving Fund and entering into the subsequent funding agreement.
NOW, THEREFORE BE IT RESOLVED by the Council of the City of Modesto that it hereby approves an Amended and Restated Memorandum of Agreement with Stanislaus County for the West Modesto Sewer Infrastructure Project: Rouse/Colorado Neighborhood – County Area 9.
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. #18..
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01/28/2025/Utilities/MAlvarez/Item X 3 2025-XX
The foregoing resolution was introduced at a regular meeting of the Council of the City of Modesto held on the 28th day of January 2025, 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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01/28/2025/Utilities/MAlvarez/Item X 1 2025-XX
MODESTO CITY COUNCIL
RESOLUTION NO. 2025-XX
RESOLUTION APPROVING AN AMENDMENT TO THE FISCAL YEAR 2024- 25 MULTI-YEAR PROGRAM BUDGET IN THE AMOUNT OF $8,427,259
FROM WASTEWATER RESERVES TO FUND THE CONSTRUCTION PHASE OF THE SEPTIC TO SEWER PROGRAM – COUNTY AREA 9 AND
AUTHORIZING THE CITY MANAGER, OR HIS DESIGNEE, TO IMPLEMENT
THE PROVISIONS OF THE RESOLUTION
WHEREAS, certain budgetary transactions are necessary in the amount of $8,427,259, in order to fund the Septic to Sewer Program – Rouse/Colorado Neighborhood – County Area 9, and
WHEREAS, the Fiscal Year 2024-25 Multi-Year Program Budget must be amended.
NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Modesto that it hereby approves the amendment of the Fiscal Year 2024-25 Multi-Year Program Budget in the amount of $8,427,259.
BE IT FURTHER RESOLVED that the City Manager, or his designee, is hereby authorized to implement the provisions of this resolution. #18..
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01/28/2025/Utilities/MAlvarez/Item X 2 2025-XX
The foregoing resolution was introduced at a regular meeting of the Council of the City of Modesto held on the 28th day of January 2025, 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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AMENDED AND RESTATED MEMORANDUM OF AGREEMENT
For the West Modesto Sewer Infrastructure Project
Rouse/Colorado Neighborhood
This Agreement (“Agreement”) is entered into between City of Modesto (“City”) and Stanislaus County (“County”) as of ______________, 2025 (“Effective Date”). (The City and County are collectively referred to herein as “The Parties”.)
RECITALS
WHEREAS, the Rouse/Colorado Community (County Area 9) is an unincorporated, disadvantaged community located on the west side of the City of Modesto with approximately 342, primarily residential, parcels that rely on septic systems for treatment of sewage (“Rouse/Colorado Community”); and WHEREAS, the Rouse/Colorado Community’s septic systems are failing and pose a threat to the public health and ground water; and
WHEREAS, City owns and operates a sanitary sewer system adjacent to Rouse/Colorado Community and is willing to provide sewer services to the Rouse/Colorado Community; and
WHEREAS, the County will prepare preliminary plans for the construction of sanitary sewer system improvements within public right-of-way for the Rouse/ Colorado Community (the “West Modesto – County Area 9 Sewer Infrastructure Project” or the “Project”), which will be connected to the City of Modesto’s sewer system; and
WHEREAS, the City will implement its City Septic to Sewer Program (the “Program”) for on-site (private property) improvements consisting of installing sewer service laterals, abandonment/removal of septic tanks, inspection, and associated work within the Rouse/Colorado Community.
WHEREAS, County will submit a financing application to the State Water Resources
Control Board (“SWRCB”) for financing through the Clean Water State Revolving Fund and will enter into a “Financing Agreement” for both Project and Program costs.
WHEREAS, the terms of the Grant require certain continuing obligations with respect to both the Project and Program; and
WHEREAS, this Agreement is contingent upon County’s ability to secure #18..
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appropriate funding for the Project and Program; and
WHEREAS, the Parties have agreed that upon completion of the Project the County will transfer ownership of the Project to the City and the City will maintain and operate the Project; and
WHEREAS, the City and County previously entered into that certain West Modesto Sewer Infrastructure Project Rouse/Colorado Neighborhood agreement dated March 7, 2023 (the “Prior Agreement”), and this Agreement is intended to, and shall, replace the Prior Agreement; and
NOW THEREFORE, the Parties agree as follows:
AGREEMENT
1. Recitals. The above Recitals are incorporated hereto as though fully set forth herein.
2. Scope of Work. The Parties agree that the construction of the Project improvements will conform to the plans and specifications designed by the County and approved by the Parties. County will be the official Construction Manager for the Project.
Parties agree that work performed as part of the Program will conform to County requirements. City will be the official Construction Manager for the Program.
3. City’s Responsibilities. City responsibilities for the Project consists of:
a. During the design phase, the City will review Project plans, specifications, flow calculation connection fees and other project related materials. The City will coordinate plan review process with various relevant City departments and staff. The City shall facilitate Project’s design by ensuring that proposed City improvements do not conflict with proposed Project improvements. If any potential conflicts are identified during plan review process, the City shall immediately inform the County and assist the County with designing appropriate solution.
b. The City agrees to submit to the County all documentation and certifications necessary for final budget approval process under the Financing Agreement. The City acknowledges that no funds for construction work will be reimbursable prior to the County’s receipt of final budget approval from the State Water Board under the Financing #18..
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Agreement, and that no costs incurred prior to the Eligible Work Start Date established in the Financing Agreement are eligible.
c. As necessary, the City will assist the County with various information or documents, attend staff and public Outreach meetings, establish costs, and develop Right of the Entry Agreements, required for the Grant application. d. Construction Inspection: City and County shall jointly inspect the construction of the Project improvements. City’s inspections will focus on the construction of the sewer system and associated facilities. City will invoice the County for inspection fees on a monthly basis. City has estimated the total cost for the above-mentioned services to be $225,000.
City will administer the Program in accordance with all term and conditions of the Financing Agreement, including but not limited to those set forth in Attachment B. The City agrees to complete all work according to the deadlines set forth in the Financing Agreement. Prior to start of work the City shall obtain a Right of Entry Agreement signed by the property owner allowing work to be performed on the property. The City will hire the contractor(s) who will perform the construction work of installing sewer lateral, demolishing the septic tank and the associated work needed to complete the sewer connection. The City will front all costs as shown in Attachment A including cost to pay the contractor performing work.
City will invoice County on a monthly basis for each parcel. Each invoice will indicate a detailed list of approved Program City Costs for the month, total overall to date, and indication if the parcel has been connected to the public sewer system. Program Sewer Connection Fees to be invoiced in accordance with Grant Agreement.
4. County’s Responsibilities. County shall be responsible for all phases of the Project.
Prior to Project’s construction, the County will allow the City to review improvements plans and related documents. Upon completion of final design, the County will advertise the Project, conduct bid opening, award construction contract, and manage construction of Project improvements. County to reimburse City for Project construction inspection services.
County to reimburse City on a monthly basis for invoiced approved Program City Costs and Program Sewer Connection Fees.
County will administer the Project in accordance with all term and conditions of the Financing Agreement, including but not limited to those set forth in Attachment B. The #18..
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County agrees to complete all work according to the deadlines set forth in the Financing Agreement.
5. County’s Costs. County will design and construct the Project portion in the Public Right of Way at no cost to the City.
6. City’s Costs. City will assist with the design phase of the Project as described in section
3.a and 3.b at no cost to the County.
7. City Acceptance of the Project. Once Project improvements are constructed, County will file a Notice of Completion and submit a copy to the City. Within 60 days of completion of the final inspection of the Project, City shall accept the County’s transfer of ownership of the Project improvements.
8. Sewer Connection Fees. The actual number of parcels serviced is contingent on the Grant amount. The total estimated Program Sewer Connection Fees are shown in Attachment A and are estimated to be one million, two hundred eighteen thousand, sixty dollars and forty-nine cents ($1,218,060.49). This amount will satisfy all sewer connection fees related to the 331 parcels, including the Sub-Trunk Fee, the Wastewater Capacity Charge (WWCC) Fee, Outside Service Agreement Fee, and Notary Fee. 11 parcels are currently vacant and do not qualify for grant funding.
By entering into this Agreement, the City acknowledges that information in the Attachment A has been reviewed to City’s satisfaction and the total estimate as shown above is consistent with the latest City requirements and charges. City shall verify information shown in the Attachment A and provide County with any credits for non-residential parcels. The actual pre-payment amount for the total connection fees shall be based on the actual numbers of parcels served with sanitary sewer. For the purposes of this Agreement, the sewer connection fee rates shall be considered adopted by the City Council and are as shown in the Attachment A.
9. Grant Eligibility. The City certified that sewer service rates for Project’s community are at least 2.0% of the Project’s community median household income.
10. Project Access. The Parties agree to ensure that the State Water Resources Control Board (SWRCB), the Governor of the State, or any authorized representative of the #18..
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foregoing, will have safe and suitable access to the Project site at all reasonable times during Project construction and thereafter for the term of the County’s Obligation under the Grant. The Parties acknowledge that, except for a subset of archeological records, the Project records and locations are public records, including all of the submission accompanying the application, all of the following documents, and all reports, disbursement requests, and supporting documentation submitted under the Grant:
a. The Project improvement plans and specifications, which are the basis for the construction contract to be awarded by the County.
b. Waste Discharge Requirement Order No. R5-2022-0034.
11. Project Completion. Upon Completion of Construction of the Project, the City agrees to expeditiously initiate System Operations.
12. Continuous Use of Project: Lease or Disposal of Project. The City agrees that, except as provided in the Grant, it will not abandon, substantially discontinue use of, lease, or dispose of the Project or any significant part or portion thereof during the useful life of the Project without prior written approval of the State Water Board. Such approval may be conditioned as determined to be appropriate by the State Water Board.
13. As Needed Reports. The Parties agree to expeditiously provide, during the term of Grant, such reports, data, and information as may be reasonably required by the State Water Board, including but not limited to material necessary or appropriate for evaluation of the State Water Pollution Control Revolving Fund Small Community Grant Fund Program or to fulfill any reporting requirements of the federal government.
14. As Needed Records. The Parties agree, during the term of Grant, to establish such accounts and maintain such records as may be necessary for the State to fulfill federal reporting requirements, including any and all reporting requirements under federal tax statutes or regulations.
15. Keeping of Records. The Parties shall maintain separate books, records and other material relative to the Project. The Parties shall also retain such books, records, and other material for themselves and for each contractor or subcontractor who performed work on this project for a minimum of thirty‐six (36) years after Project Completion. The Parties shall require that such books, records, and other material #18..
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be subject at all reasonable times (at a minimum during normal business hours) to inspection, copying, and audit by the SWRCB, the Bureau of State Audits, the Governor, or any authorized representatives of the aforementioned, and shall allow interviews during normal business hours of any employees who might reasonably have information related to such records. The Parties agree to include a similar right regarding audit, interviews, and records retention in any subcontract related to the performance of this Grant. The provisions of this section shall survive the term of this Agreement.
16. Audit. (a) The SWRCB, at its option, may call for an audit of financial information relative to the Project, where the SWRCB determines that an audit is desirable to assure program integrity or where such an audit becomes necessary because of federal requirements. Where such an audit is called for, the audit shall be performed by a certified public accountant independent of the audited Party and at the shared cost of the Parties. The audit shall be in the form required by the SWRCB; (b) Audit disallowances will be paid by the responsible Party and returned to the SWRCB.
17. Accounting and Auditing Standards. The County and City will maintain separate Project accounts in accordance with generally accepted accounting principles. The City shall comply with "Standards for Audit of Governmental Organizations, Programs, Activities and Functions" promulgated by the U.S. General Accounting Office. (40 CFR § 35.3135, subd. (I).)
18. No Sale, Lease or Private Operation of the Project. The City will not sell or otherwise disposed of, in whole or in part, any portion of the Project to any person who is not a Governmental Unit during its useful life. The Project will not be leased to any person or entity that is not a Governmental Unit during its useful life. The City will not enter any contract or arrangement or cause or permit any contract or arrangement to be entered (to the extent of its reasonable control) with persons or entities that are not Governmental Units if that contract or arrangement would confer on such persons or entities any right to use the Project on a basis different from the right of members of the general public. The contracts or arrangements contemplated by the preceding sentence include but are not limited to management contracts, take or pay contracts or put or pay contracts, and capacity guarantee contracts. The economic useful life of the Project, commencing at Project Completion, is at least thirty (30) years.
19. Defense and Indemnification.
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a. To the extent permitted by law, the City shall defend, indemnify, and hold harmless County and its officers, employees, agents, representatives, or subcontractors from and against all claims, damages, losses, judgments, liabilities, expenses, and other costs arising out of or resulting from the active negligence or wrongful acts of the City.
b. To the extent permitted by law, the County shall defend, indemnify, and hold harmless City and its officers, employees, agents, representatives, or subcontractors from and against all claims, damages, losses, judgments, liabilities, expenses, and other costs arising out of or resulting from the active negligence or wrongful acts of the County.
c. At its sole discretion, the indemnified Party may participate at its own expense in the defense of any claim, action or proceeding, but such participation shall not relieve the indemnitor of any obligation imposed by this Agreement. The Parties shall notify each other promptly of any claim, action or proceeding and cooperate fully in the defense. The Parties agree to defend themselves from any claim, action or proceeding arising out of the concurrent acts or omissions of each Party. In such cases, the Parties agree to retain their own legal counsel, bear their own defense costs, and waive their right to seek reimbursement of such costs. Where a trial verdict or arbitration award allocates or determines the comparative fault of the Parties, the Parties may seek reimbursement and/or reallocation of defense costs, settlement payments, judgments, and awards, consistent with such comparative fault. The provisions of this section shall survive the termination of this Agreement.
20. Amendments. This Agreement may be amended, or provisions contained herein may be altered, changed, or amended for the Project only by mutual written agreement signed and approved by the respective approving authorities of City and County. No oral understanding or agreement, not incorporated herein, shall be binding on any of the parties hereto.
21. Notices. Any notice which may be required under this Agreement shall be in writing and shall be given by personal service, first‐class mail, certified or registered mail return receipt requested, or overnight delivery to the addresses set forth below:
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Stanislaus County: City of Modesto:
David Leamon, Director William Wong, Director
Department of Public Works Utilities Department
1716 Morgan Road 1010 10th Street, Suite 4500
Modesto CA 95358 Modesto, California 95354
All notices and other communications shall be deemed communicated as of actual receipt or after the second business day after the notice has been dispatched. The parties may change their respective address by giving notice of such change to the other party in the manner provided in this Section.
22. Necessary Documents. As may become necessary for the construction and delivery of the Project, through City and County cooperation, the Stanislaus County Director of Public Works and City’s Authorized Representative are authorized to administer and execute, by mutual written consent, all documents necessary to complete the Project, provided that such actions do not exceed the authority of this Agreement.
23. Enforceable Provisions. Should any of this Agreement be determined to be unenforceable, invalid, or beyond the authority of either of the Parties to enter and carry out, such determination shall not affect the validity of the remainder of this Agreement, which shall continue in full force and effect; provided that the remainder of this Agreement can, absent the excised portion, be reasonably interpreted to give effect to the intentions of the Parties.
24. Termination. This Agreement may be terminated only by mutual written agreement signed and approved by the respective approving authorities of City and County.
25. Counterpart. This Agreement may be executed and delivered in any number of counterparts, each of which so executed and delivered shall be deemed to be an original and all of which shall constitute one and the same instrument.
26. Waiver of Default. Waiver of any default by either party to this Agreement shall not be deemed to be waiver of any subsequent default. Waiver or breach of any provision of this Agreement shall not be deemed to be a waiver of any other or subsequent breach and shall not be construed to be a modification of the terms of this Agreement unless this Agreement is modified as provided herein.
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27. Nondiscrimination.
a. Non-Discrimination. During the performance of this Agreement, City and its officers employees, agents, representatives or subcontractors shall not unlawfully discriminate in violation of any Federal, State or local law, rule or regulation against any employee, applicant for employment or person receiving services under this Agreement because of race, religious creed, color, national origin, ancestry, physical or mental disability including perception of a disability, medical condition, genetic information, pregnancy related condition, marital status, gender/sex, sexual orientation, gender identity, gender expression, age (over 40), political affiliation or belief, or military and veteran status. Contractor and its officers, employees, agents, representatives or subcontractors shall comply with all applicable Federal, State and local laws and regulations related to non-discrimination and equal opportunity, including without limitation the County’s non-discrimination policy; the Fair Employment and Housing Act (Government Code sections 12900 et seq.); California Labor Code sections 1101, and 1102; the Federal Civil Rights Act of 1964 (P.L. 88- 352), as amended; and all applicable regulations promulgated in the California Code of Regulations or the Code of Federal Regulations. b. City shall include the non-discrimination and compliance provisions of this clause in all subcontracts to perform work under this Agreement. c. City shall provide a system by which recipients of service shall have the opportunity to express and have considered their views, grievances, and complaints regarding City’s delivery of services.
28. Severability. If any portion of this Agreement or application thereof to any person or circumstance shall be declared invalid by a court of competent jurisdiction or if it is found in contravention of any federal, state or county statute, ordinance or regulation; the remaining provisions of this Agreement or the application thereof shall not be invalidated thereby and shall remain in full force and effect to the extent that the provisions of this Agreement are severable.
29. Entire Agreement. This Agreement supersedes any and all other agreements, either oral or in writing, between any of the parties herein with respect to the subject matter hereof and contains all the agreements between the parties with respect to such matter. Each party acknowledges that no representations, inducements, promises or agreements, oral or otherwise, have been made by any party, or anyone acting on #18..
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behalf of any party, which are not embodied herein, and that no other agreement, statement or promise not contained in this Agreement shall be valid or binding.
30. Authorized Signatures. The person signing this Agreement (“Signatory”) represents and warrants that he or she is duly authorized and has legal capacity to execute this Agreement. Signatory represents and warrants that the execution and delivery of the Agreement and the performance of Contractor’s obligations hereunder has been duly authorized and that the Agreement is a valid and legal agreement binding on Contractor and enforceable in accordance with its terms.
31. Electronic Signatures. Each party agrees that the electronic signatures (whether digital or encrypted) of the parties included in this Agreement are intended to authenticate this writing and to have the same force and effect as manual signatures.
Electronic signature means any electronic sound, symbol, or process attached to or logically associated with a record and executed and adopted by a party with the intent to sign such record (including facsimile or email electronic signatures) pursuant to the California Uniform Electronic Transactions Act (Cal. Civ. Code § 1633.1 et seq.) as amended from time to time.
32. Term. This Agreement will commence on the Effective Date and shall remain in full force and effect through the term of the Financing Agreement. [SIGNATURES ON FOLLOWING PAGE]
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Attachment B
The City agrees to comply with all applicable terms, provisions, conditions, and commitments established in the Financing Agreement, including all incorporated documents, as of the Eligible Work Start Date established in the Financing Agreement and continuing thereafter for the term of Financing Agreement, including but not limited to the following:
1. The City represents, warrants, and covenants each of the following:
a. The City agrees to fulfill all assurances, declarations, representations, and commitments in its application, accompanying documents, and communications filed in support of any request for funding from the County through the Financing Agreement.
b. The execution, delivery, and performance by City of this Agreement, including all incorporated documents, do not violate any provision of any law or regulation in effect as of the date of execution of this Agreement by the City, or result in any breach or default under any contract, obligation, indenture, or other instrument to which City is a party or by which City is bound as of the date of execution of this Agreement by the City.
c. There are, as of the date of execution of this Agreement by the City, no pending or, to City’s knowledge, threatened actions, claims, investigations, suits, or proceedings before any governmental authority, court, or administrative agency that materially affect the financial condition or operations of the City, the City’s Revenues, and/or the Project or Program.
d. There are no proceedings, actions, or offers by a public entity to acquire by purchase or the power of eminent domain any of the real or personal property related to or necessary for the Project or Program.
e. The City has sufficient real or personal property rights necessary for the purposes of this Agreement, not subject to third party revocation, which rights extend at least through the term of the Financing Agreement, except as disclosed to the County.
The City has disclosed all proceedings, actions, or offers of which the City has knowledge or belief that may in any way affect the City’s ability to access or legally possess all of the property necessary for the purpose of this Agreement, including any proceedings, actions, or offers to lease, purchase, or acquire by eminent domain any of the real or personal property related to or necessary for the Project. f. The City and its principals, contractors, and subcontractors, to the best of the City’s knowledge and belief, are not presently debarred, suspended, proposed for debarment, declared ineligible, or otherwise excluded from participation in any work overseen, directed, funded, or administered by the State Water Board #18..
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program; nor have they engaged or permitted the performance of services covered by this Agreement from parties that are debarred or suspended or otherwise excluded from or ineligible for participation in any work overseen, directed, funded, or administered by the State Water Board program.
g. The City has no conflicting or Material Obligations
h. The City is duly organized and existing and in good standing under the laws of the State of California. City must at all times maintain its current legal existence and preserve and keep in full force and effect its legal rights and authority. Within the preceding ten years, the City has not failed to demonstrate compliance with state or federal audit disallowances.
i. Any financial statements or other financial documentation of City previously delivered as of the date(s) set forth in such financial statements or other financial documentation: (a) are materially complete and correct; (b) present fairly the financial condition of the City; and (c) have been prepared in accordance with GAAP.
Since the date(s) of such financial statements or other financial documentation, there has been no material adverse change in the financial condition of the City, nor have any assets or properties reflected on such financial statements or other financial documentation been sold, transferred, assigned, mortgaged, pledged or encumbered, except as previously disclosed in writing by City and approved in writing by the State Water Board.
j. The City is current in its continuing disclosure obligations associated with its material debt, if any.
k. The City’s governing board is not prohibited, limited, or constrained in any way from adopting, requiring, or utilizing a project labor agreement that includes all taxpayer protection provisions of Public Contract Code section 2500.
2. The City must, to the extent permitted by law, fix, prescribe and collect rates, fees and charges for the System during each Fiscal Year which are reasonable, fair, and nondiscriminatory and which will be sufficient to generate Revenues in the amounts necessary to cover Operations and Maintenance Costs, and must ensure that Net Revenues are in an amount necessary to meet its obligations under the Financing Agreement. The City may make adjustments from time to time in such fees and charges and may make such classification thereof as it deems necessary, but shall not reduce the rates, fees and charges then in effect unless the Net Revenues from such reduced rates, fees, and charges will at all times be sufficient to meet the requirements of this section.
3. The City shall sufficiently and properly staff, operate, and maintain the facility and structures constructed or improved as part of the Project throughout the term of this Agreement and the Financing Agreement, consistent with the purposes of this Agreement #18..
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and the Financing Agreement. The City assumes all operations and maintenance costs of the facilities and structures; the State Water Board shall not be liable for any cost of such maintenance, management or operation.
4. The City and County will procure and maintain or cause to be maintained insurance on the System/Project with responsible insurers, or as part of a reasonable system of self insurance, in such amounts and against such risks (including damage to or destruction of the System/Project) as are usually covered in connection with systems similar to the System/Project. Such insurance may be maintained by a self-insurance plan so long as such plan provides for (i) the establishment by the City and County of a separate segregated selfinsurance fund in an amount determined (initially and on at least an annual basis) by an independent insurance consultant experienced in the field of risk management employing accepted actuarial techniques and (ii) the establishment and maintenance of a claims processing and risk management program. In the event of any damage to or destruction of the System/Project caused by the perils covered by such insurance, the net proceeds thereof shall be applied to the reconstruction, repair or replacement of the damaged or destroyed portion of the System/Project. The City and County must begin such reconstruction, repair or replacement as expeditiously as possible, and must pay out of such net proceeds all costs and expenses in connection with such reconstruction, repair or replacement so that the same must be completed and the System/Project must be free and clear of all claims and liens. City and County agree that for any policy of insurance concerning or covering the construction of the Project, they will cause, and will require its contractors and subcontractors to cause, a certificate of insurance to be issued showing the State Water Board, its officers, agents, employees, and servants as additional insured; and must provide the State Water Board with a copy of all such certificates prior to the commencement of construction of the Project.
5. No work that is subject to California Environmental Quality Act (CEQA) or the National Environmental Policy Act (NEPA) may proceed under this Agreement until the State Water Board has provided approval to proceed under the Financing Agreement. Upon receipt and review of the County’s environmental documents, the State Water Board shall make the appropriate environmental findings before determining whether to approve construction or implementation funding for the Project under the Financing Agreement. Providing approval for such construction or implementation funding is fully discretionary. The State Water Board may require changes in the scope of work or additional mitigation as a condition to providing construction or implementation funding to the County under the Financing Agreement. City and County shall not perform any work subject to CEQA and/or NEPA before the State Water Board completes its environmental review and specifies any changes in scope or additional mitigation that may be required in the Financing Agreement.
Proceeding with work subject to CEQA and/or NEPA without approval by the State Water Board shall constitute a breach of a material provision of this Agreement. If this Project includes modification of a river or stream channel, the City or County must fully mitigate environmental impacts resulting from the modification. The City or County must provide documentation that the environmental impacts resulting from such modification will be fully mitigated considering all of the impacts of the modification and any mitigation, #18..
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environmental enhancement, and environmental benefit resulting from the Project, and whether, on balance, any environmental enhancement or benefit equals or exceeds any negative environmental impacts of the Project. The City and County agree to comply with all environmental special conditions in the Financing Agreement.
6. The City acknowledges that notwithstanding any other provision of this Agreement, if the State Water Board determines that an Event of Default has occurred under the Financing Agreement, the City may be required, upon demand, to immediately return any grant or principal forgiveness amounts received by the County from the Financing Agreement and pay interest at the highest legal rate on all of the foregoing.
7. The City must immediately notify the County of any discovery of any potential tribal cultural resource, archaeological or historical resource, or human remains in the Program area.
Should a potential tribal cultural resource or archaeological or historical resource be discovered during construction or implementation, the City must ensure that all work in the area of the find will cease until a qualified archaeologist has evaluated the situation and made recommendations regarding preservation of the resource, and it has been determined, in accordance with the terms and conditions of the Financing Agreement, what actions should be taken to protect and preserve the resource. The City must implement appropriate actions as directed by the State Water Board. If there are any applicable provisions of a mitigation, monitoring and reporting program adopted for the Project and Program, the City shall comply with such provisions. In the event of the discovery of human remains during construction of the Program, the City shall cease construction and take other action required by any applicable laws, which may include but are not limited to Health and Safety Code, section 7050.5 and Public Resources Code, section 5097.98.
8. The City must notify the County promptly of the occurrence of any of the following events:
a. Bankruptcy, insolvency, receivership or similar event of the City, or actions taken in anticipation of any of the foregoing;
b. Change of ownership of the Project (no change of ownership may occur without written consent of the State Water Board);
c. Loss, theft, damage, or impairment to Project or Program; d. Events of Default, except as otherwise set forth in this section; e. A proceeding or action by a public entity to acquire the Project by power of eminent domain.
f. Any litigation pending or threatened with respect to the Project, Program, or the City’s technical, managerial or financial capacity or the City’s continued existence, or any judgment or court order relating to such litigation that has a material effect on the Project, Program, or the System;
g. Consideration of dissolution, or disincorporation;
h. Enforcement actions by or brought on behalf of the State Water Board or Regional Water Board.
i. The discovery of a false statement of fact or representation made in this Agreement or in the application to the State Water Board for the Financing Agreement, or in any #18..
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certification, report, or request for reimbursement made pursuant to this Agreement, by the City, its employees, agents, or contractors; j. Any substantial change in scope of the Project or Program. The City must undertake no substantial change in the scope of the Project or Program until prompt written notice of the proposed change has been provided to the County and the State Water Board has given written approval pursuant to the terms of the Financing Agreement for the change, which may require formal amendment of the Financing Agreement; k. Any circumstance, combination of circumstances, or condition, which is expected to or does delay Completion of Construction for a period of ninety (90) days or more; l. Cessation of all major construction work on the Project or Program where such cessation of work is expected to or does extend for a period of thirty (30) days or more;
m. The City must promptly notify the County of the discovery of any unexpected endangered or threatened species, as defined in the federal Endangered Species Act.
Should a federally protected species be unexpectedly encountered during implementation of the Project or Program, the City agrees to promptly notify the County. This notification is in addition to the City’s obligations under the federal Endangered Species Act;
n. Any Project monitoring, demonstration, or other implementation activities; o. Any public or media event publicizing the accomplishments and/or results of the Project or Program, and provide the opportunity for attendance and participation by state representatives with at least ten (10) working days’ notice; p. Any event requiring notice to the County pursuant to any other provision of this Agreement;
q. The award of the prime construction contract for the Program; and the initiation of construction of the Program; and
r. Completion of Construction, and Project Completion.
9. The City shall prevent fraud, waste, and the abuse of any funding received through the Financing Agreement, and shall cooperate in any investigation of such activities that are suspected in connection with the Financing Agreement. The City understands that discovery of any evidence of misrepresentation or fraud related to reimbursement requests, invoices, proof of payment of invoices, or other supporting information, including but not limited to double or multiple billing for time, services, or any other eligible cost, may result in an administrative action by the State Water Board and/or referral to the Attorney General’s Office or the applicable District Attorney’s Office for appropriate action.
The City further understands that any suspected occurrences of false claims, misrepresentation, fraud, forgery, theft or any other misuse of funds may result in withholding of reimbursements and/or require the immediate repayment of all funds under the Financing Agreement. A person who knowingly makes or causes to be made any false statement, material misrepresentation, or false certification in any submittal may be subject to a civil penalty, criminal fine, or imprisonment. (Wat. Code, § 13490 et seq.)
10. The City is prohibited from requesting disbursement amounts that represent City’s markups to costs invoiced or otherwise requested by consultants or contractors. #18..
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11. Where construction contractors are used, the City must not authorize construction to begin until each contractor has furnished a performance bond in favor of the City in the following amounts: faithful performance (100%) of contract value; labor and materials (100%) of contract value. This requirement shall not apply to any contract for less than $25,000.00.
12. The City must adhere to any applicable State law or local ordinance for competitive bidding and applicable labor laws. The City must not award a construction contract until a summary of bids and identification of the selected lowest responsible bidder is submitted to the County, and the County has received written approval under the Financing Agreement. The City must provide a full explanation if the City is proposing to award a construction contract to anyone other than the lowest responsible bidder.
13. The City must, at all times, comply with and require its contractors and subcontractors to comply with all applicable federal and State laws, rules, guidelines, regulations, and requirements and with provisions of the adopted environmental mitigation plan, if any, for the useful life of the Project.
14. The City certifies that it, its owners, officers, directors, agents, representatives, and employees are in compliance with applicable State and federal conflict of interest laws and will remain in compliance for the useful life of the Project. Any service provider or contractor with which the City contracts must not have any role or relationship with the City, that, in effect, substantially limits the City's ability to exercise its rights, including cancellation rights, under the contract, based on all the facts and circumstances. The City agrees that it will provide its adopted conflict of interest codes if requested.
15. The City must not contract or allow subcontracting with excluded parties. The City must not contract with any party who is debarred or suspended or otherwise excluded from or ineligible for participation in any work overseen, directed, funded, or administered by the State Water Board program for which this funding is authorized. For any work related to this Agreement, the City must not contract with any individual or organization on the State Water Board’s List of Disqualified Businesses and Persons that is identified as debarred or suspended or otherwise excluded from or ineligible for participation in any work overseen, directed, funded, or administered by the State Water Board program for which funding under the Financing Agreement is authorized. The State Water Board’s List of Disqualified Businesses and Persons is located at
http://www.waterboards.ca.gov/water_issues/programs/enforcement/fwa/dbp.shtml
16. The City and County agree that review or approval of Project plans and specifications by the State Water Board is for administrative purposes only, including conformity with application and eligibility criteria, and expressly not for the purposes of design defect review or construction feasibility, and does not relieve the City or County of their responsibility to properly plan, design, construct, operate, and maintain the Project and Program. #18..
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17. Throughout the useful life of the Project, City agrees that the State Water Board shall have the right to inspect the Project area to ascertain compliance with the Financing Agreement.
18. The City must not make any pledge of or place any lien on the Project or Project assets except upon consent of the State Water Board.
19. The City must comply with Government Code section 11135 and the implementing regulations (Cal. Code Regs, tit. 2, § 11140 et seq.), including, but not limited to, ensuring that no person is unlawfully denied full and equal access to the benefits of, or unlawfully subjected to discrimination in the operation of, the Project on the basis of sex, race, color, religion, ancestry, national origin, ethnic group identification, age, mental disability, physical disability, medical condition, genetic information, marital status, or sexual orientation as such terms are defined under California law, for as long as the City retains ownership or possession of the Project. If Project Funds are used to acquire or improve real property, the City must include a covenant of nondiscrimination running with the land in the instrument effecting or recording the transfer of such real property. The City must comply with the federal American with Disabilities Act of 1990 and implementing regulations as required by Government Code section 11135(b). The City’s obligations under this section shall survive the term of this Agreement. During the performance of this Agreement, the City and its contractors and subcontractors must not unlawfully discriminate, harass, or allow harassment against any employee or applicant for employment because of sex, race, color, ancestry, religious creed, national origin, sexual orientation, physical disability (including HIV and AIDS), mental disability, medical condition (cancer), age (over 40), marital status, denial of family care leave, or genetic information, gender, gender identity, gender expression, or military and veteran status. The City, its contractors, and subcontractors must ensure that the evaluation and treatment of their employees and applicants for employment are free from such discrimination and harassment. The City, its contractors, and subcontractors must comply with the provisions of the Fair Employment and Housing Act and the applicable regulations promulgated thereunder. (Gov. Code, §12990, subds. (a)- (f) et seq.;Cal. Code Regs., tit. 2, § 7285 et seq.) Such regulations are incorporated into this Agreement by reference and made a part hereof as if set forth in full. The City, its contractors, and subcontractors must give written notice of their obligations under this clause to labor organizations with which they have a collective bargaining or other agreement. The City must include the nondiscrimination and compliance provisions of this clause in all subcontracts to perform work under this Agreement.
20. If applicable, the City agrees to be bound by all applicable provisions of State Labor Code regarding prevailing wages. If applicable, the City must monitor all agreements subject to reimbursement from the County through the Financing Agreement to ensure that the applicable prevailing wage provisions of the State Labor Code are being met. Division of Industrial Relations (DIR) requirements may be found at: http://www.dir.ca.gov/lcp.asp.
For more information, please refer to DIR’s Public Works Manual at:
http://www.dir.ca.gov/dlse/PWManualCombined.pdf.
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21. The City agrees that only licensed professionals will be used to perform services for the Program where such services are called for. All technical reports required pursuant to this Agreement that involve planning, investigation, evaluation, design, or other work requiring interpretation and proper application of engineering, architectural, or geologic sciences, shall be prepared by or under the direction of persons registered to practice in California pursuant to Business and Professions Code, sections 5536.1, 6735, 7835, and 7835.1. As required by these laws, completed technical reports must bear the signature(s) and seal(s) of the registered professional(s) in a manner such that all work can be clearly attributed to the professional responsible for the work.
22. City represents that, as applicable, it complies and covenants to maintain compliance with the following with respect to all Project and Program costs for the term of this Agreement:
a. The California Environmental Quality Act (CEQA), as set forth in Public Resources Code 21000 et seq. and in the CEQA Guidelines at Title 14, Division 6, Chapter 3, Section 15000 et seq.
b. Water Conservation requirements, including regulations in Division 3 of Title 23 of the California Code of Regulations.
c. Monthly Water Diversion Reporting requirements, including requirements set forth in Water Code section 5103.
d. Public Works Contractor Registration with Department of Industrial Relations requirements, including requirements set forth in Sections 1725.5 and 1771.1 of the Labor Code.
e. Volumetric Pricing & Water Meters requirements, including the requirements of Water Code sections 526 and 527.
f. Urban Water Management Plan requirements, including the Urban Water Management Planning Act (Water Code, § 10610 et seq.).
g. Urban Water Demand Management requirements, including the requirements of Section 10608.56 of the Water Code.
h. Delta Plan Consistency Findings requirements, including the requirements of Water Code section 85225 and California Code of Regulations, title 23, section 5002. i. Agricultural Water Management Plan Consistency requirements, including the requirements of Water Code section 10852.
j. Charter City Project Labor Requirements, including the requirements of Labor Code section 1782 and Public Contract Code section 2503.
k. The City agrees that it will, at all times, comply with and require its contractors and subcontractors to comply with directives or orders issued pursuant to Division 7 of the Water Code.
l. Regulations in Division 4 of Title 22 of the California Code of Regulations, including but not limited to California Waterworks Standards in Chapter 16, and Lead and Copper regulations in Chapter 17.5.
23. Federal Cross-Cutters. The City acknowledges, warrant compliance with, and covenants to continuing compliance with the following federal terms and conditions with respect to all Program and Project costs for the term of this Agreement and the useful life of the Project:
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a. Unless the County has obtained a waiver from USEPA on file with the State Water Board or unless this Project is not a project for the construction, alteration, maintenance or repair of a public water system or treatment work, the City shall not purchase “iron and steel products” produced outside of the United States on this Program or Project. Unless the County has obtained a waiver from USEPA on file with the State Water Board or unless this Project is not a project for the construction, alteration, maintenance or repair of a public water system or treatment work, the City hereby certifies that all “iron and steel products” used in the Project or Program were or will be produced in the United States. For purposes of this section, the term "iron and steel products" means the following products made primarily of iron or steel: lined or unlined pipes and fittings, manhole covers and other municipal castings, hydrants, tanks, flanges, pipe clamps and restraints, valves, structural steel, reinforced precast concrete, and construction materials. “Steel” means an alloy that includes at least 50 percent iron, between .02 and 2 percent carbon, and may include other elements.
b. The City agrees to comply with the Davis-Bacon provisions incorporated by reference in the Financing Agreement. The City must include in full the Wage Rate Requirements (Davis-Bacon) language incorporated by reference in the Financing Agreement in all construction contracts and subcontracts. c. The City shall notify the County of public or media events publicizing the accomplishment of significant events related to this Project and Program, and provide the opportunity for attendance and participation by federal representatives and the State Water Board with at least ten (10) working days’ notice. d. The City shall comply with the Disadvantaged Business Enterprises (DBE) requirements in 40 CFR § 33.301 for the Program and require its contractors and subcontractors on the Program to comply. 40 CFR § 33.301 requires the use of good faith efforts to utilize DBE’s whenever procuring construction, equipment, services, and supplies. The City must report DBE utilization to the County on the DBE Utilization Report, State Water Board Form DBE UR334, for the County to submit under the Financing Agreement. The City must submit such reports to the County annually within ten (10) calendar days following October 1 until such time as the "Notice of Completion" is issued.
e. The City shall comply with applicable USEPA general terms and conditions found at https://www.epa.gov/grants/epa-general-terms-and-conditions-effective-october-1- 2022-or-later.
f. The City represents and warrants that it and its principals are not excluded or disqualified from participating in this transaction as such terms are defined in Parts 180 and 1532 of Title 2 of the Code of Federal Regulations (2 CFR). If the City is excluded after execution of this Agreement, the City shall notify the County and the State Water Board within ten (10) days, and shall inform the County and State Water Board of the City’s exclusion prior to any request by the County for amendment of the Financing Agreement. The City shall comply with Subpart C of Part 180 of 2 CFR, as supplemented by Subpart C of Part 1532 of 2 CFR. Such compliance is a condition precedent to the receipt of any funding for the Program or Project. When entering into a covered transaction as defined in Parts 180 and 1532 of 2 CFR, the City shall #18..
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require the other party to the covered transaction to comply with Subpart C of Part 180 of 2 CFR, as supplemented by Subpart C of Part 1532 of 2 CFR. g. To the extent applicable, the City shall disclose to the County and the State Water Board any potential conflict of interest consistent with USEPA’s Final Financial Assistance Conflict of Interest Policy at https://www.epa.gov/grants/epas-finalfinancial-assistance-conflict-interest-policy. A conflict of interest may result in disallowance of costs.
h. USEPA and the State Water Board have the right to reproduce, publish, use and authorize others to reproduce, publish and use copyrighted works or other data developed under this Agreement.
i. The City agrees that any reports, documents, publications or other materials developed for public distribution supported by funding from the Financing Agreement shall contain the Acknowledgment statement set forth in the Financing Agreement.
j. The City acknowledges that it is encouraged to follow guidelines established under Section 508 of the Rehabilitation Act, codified at 36 CFR Part 1194, with respect to enabling individuals with disabilities to participate in its programs supported by the Financing Agreement.
k. The City, its employees, contractors and subcontractors and their employees warrants that it will not engage in severe forms of trafficking in persons, procure a commercial sex act during the term of this Agreement, or use forced labor in the performance of this Agreement. The City must include this provision in its contracts and subcontracts for the Project and Program. The City must inform the County and the State Water Board immediately of any information regarding a violation of the foregoing. The City understands that failure to comply with this provision may subject the State Water Board to loss of federal funds. The City agrees to compensate the State Water Board for any such funds lost due to its failure to comply with this condition, or the failure of its contractors or subcontractors to comply with this condition.
l. The City certifies to the best of its knowledge and belief that:
i. No federal appropriated funds have been paid or will be paid, by or on behalf of the City, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any federal contract, the making of any federal grant, the making of any federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any federal contract, grant, loan, or cooperative agreement. ii. If any funds other than federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress in connection with this Agreement or the Financing Agreement, the City shall complete and submit Standard Form-LLL, “Disclosure Form to Report Lobbying,” in accordance with its instructions, and notify the County and State Water Board. #18..
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m. The City shall require this certification from all parties to any contract or agreement that the City enters into and under which the City incurs costs for which it seeks reimbursement from the County under this Agreement.
n. The City must comply with the following federal non-discrimination requirements:
i. Title VI of the Civil Rights Act of 1964, which prohibits discrimination based on race, color, and national origin, including limited English proficiency (LEP). ii. Section 504 of the Rehabilitation Act of 1973, which prohibits discrimination against persons with disabilities.
iii. The Age Discrimination Act of 1975, which prohibits age discrimination. iv. Section 13 of the Federal Water Pollution Control Act Amendments of 1972, which prohibits discrimination on the basis of sex.
v. 40 CFR Part 7, as it relates to the foregoing.
vi. Executive Order 13798, including, to the greatest extent practicable and to the extent permitted by law, the requirement to respect and protect the freedom of persons and organizations to engage in political and religious speech.
vii. All applicable federal civil rights regulations, including statutory and national policy requirements (2 CFR section 200.300).
Where the City contracts for program management, construction management, feasibility studies, preliminary engineering, design, engineering, surveying, mapping, or architectural related services, the City shall ensure that any such contract is negotiated in the same manner as a contract for architectural and engineering services is negotiated under chapter 11 of title 40, United States Code, or an equivalent State qualifications-based requirement as determined by the State Water Board.
o. The City certifies that it has developed and is implementing a fiscal sustainability plan for the Project that includes an inventory of critical assets that are a part of the Project, an evaluation of the condition and performance of inventoried assets or asset groupings, a certification that the City has evaluated and will be implementing water and energy conservation efforts as part of the plan, and a plan for maintaining, repairing, and, as necessary, replacing the Project and a plan for funding such activities.
p. Executive Order No. 11246. The City shall include in its contracts and subcontracts related to the Project or Program the following provisions:
"During the performance of this contract, the contractor agrees as follows:"(a) The contractor will not discriminate against any employee or applicant for employment because of race, creed, color, or national origin. The contractor will take affirmative action to ensure that applicants are employed, and that employees are treated during employment, without regard to their race, creed, color, or national origin.
Such action shall include, but not be limited to the following: employment, #18..
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upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided by the contracting officer setting forth the provisions of this nondiscrimination clause. "(b) The contractor will, in all solicitations or advertisements for employees placed by or on behalf of the contractor, state that all qualified applicants will receive consideration for employment without regard to race, creed, color, or national origin.
"(c) The contractor will send to each labor union or representative of workers with which he has a collective bargaining agreement or other contract or understanding, a notice, to be provided by the agency contracting officer, advising the labor union or workers' representative of the contractor's commitments under Section 202 of Executive Order No. 11246 of September 24, 1965, and shall post copies of the notice in conspicuous places available to employees and applicants for employment. "(d) The contractor will comply with all provisions of Executive Order No. 11246 of Sept. 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor.
"(e) The contractor will furnish all information and reports required by Executive Order No. 11246 of September 24, 1965, and by the rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his books, records, and accounts by the contracting agency and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations, and orders.
"(f) In the event of the contractor's noncompliance with the nondiscrimination clauses of this contract or with any of such rules, regulations, or orders, this contract may be cancelled, terminated or suspended in whole or in part and the contractor may be declared ineligible for further Government contracts in accordance with procedures authorized in Executive Order No. 11246 of Sept 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in Executive Order No. 11246 of September 24, 1965, or by rule, regulation, or order of the Secretary of Labor, or as otherwise provided by law.
"(g) The contractor will include the provisions of Paragraphs (1) through (7) in every subcontract or purchase order unless exempted by rules, regulations, or orders of the #18..
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Secretary of Labor issued pursuant to Section 204 of Executive Order No. 11246 of Sept. 24, 1965, so that such provisions will be binding upon each subcontractor or vendor. The contractor will take such action with respect to any subcontract or purchase order as the contracting agency may direct as a means of enforcing such provisions including sanctions for noncompliance: Provided, however, That in the event the contractor becomes involved in, or is threatened with, litigation with a subcontractor or vendor as a result of such direction by the contracting agency, the contractor may request the United States to enter into such litigation to protect the interests of the United States."
q. The City agrees to comply with the requirements of USEPA’s Program for Utilization of Small, Minority and Women’s Business Enterprises.
r. Procurement Prohibitions under Section 306 of the Clean Air Act and Section 508 of the Clean Water Act, including Executive Order 11738, Administration of the Clean Air Act and the Federal Water Pollution Control Act with Respect to Federal Contracts, Grants, or Loans; 42 USC § 7606; 33 USC § 1368. The City may not procure goods, services, or materials from suppliers excluded under the federal System for Award Management: sam.gov
s. Uniform Relocation and Real Property Acquisition Policies Act, Pub. L. 91-646, as amended; 42 USC §§4601-4655. The City must comply with the Act’s implementing regulations at 49 CFR 24.101 through 24.105.
t. The City agrees that if its network or information system is connected to USEPA networks to transfer data using systems other than the Environmental Information Exchange Network or USEPA’s Central Data Exchange, it will ensure that any connections are secure.
u. All geospatial data created pursuant to this Agreement that is submitted by the City or County to the State Water Board for use by USEPA or that is submitted directly to USEPA must be consistent with Federal Geographic Data Committee endorsed standards. Information on these standards may be found at www.fgdc.gov v. The City certifies that no funding received through the Financing Agreement will be used on:
i. Video surveillance or telecommunications equipment produced by Huawei Technologies Company or ZTE Corporation (or any subsidiary or affiliate of such entities), telecommunications equipment produced by Hytera Communications Corporation, Hangzhou Hikvision Digital Technology Company, or Dahua Technology Company (or any subsidiary or affiliate of such entities);
ii. Telecommunications or video surveillance services produced by such entities; #18..
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iii. Telecommunications or video surveillance equipment or services produced or provided by an entity that the Secretary of Defense, in consultation with the Director of the National Intelligence or the Director of the Federal Bureau of Investigation, reasonably believes to be an entity owned or controlled by, or otherwise connected to, the government of a covered foreign country; or iv. Other telecommunications or video surveillance services or equipment in violation of 2 CFR 200.216.
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No. APN # Address Lateral
(Y/N)
Connected
(Y/N) APN (SF) 1/2 RW (SF)
APN +
1/2 RW
(SF)
Acres (APN
+ 1/2 RW)
Use
Code
Dwelling
Confirm Size Sub-Trunk Fee WWCC Fee OSA Fee Notary Stanislaus Building Permit On-site Lateral
Construction and
Tank Demo Cost
Stanislaus County
Encoachment
Permit
Septic to Sewer
Staff
Implementation
Cost
1 037-029-001 809 Colorado Ave Y N 9091 1212 10303 0.237 SF 1 4 $153 $2,643 $235 $35 $716 $15,000 $245 $750 2 037-029-002 807 Colorado Ave Y N 7527 1000 8527 0.196 SF 1 4 $126 $2,643 $235 $35 $716 $15,000 $245 $750 3 037-029-003 805 Colorado Ave Y N 6561 1001 7562 0.174 SF 1 4 $112 $2,643 $235 $35 $716 $15,000 $245 $750 4 037-029-007 703 Colorado Ave Y N 25402 6061 31463 0.722 SF 1 4 $466 $2,643 $235 $35 $716 $15,000 $245 $750 5 037-029-011 701 Adkinson Way N N 7138 1765 8903 0.204 SF 1 4 $132 $2,643 $235 $35 $716 $15,000 $245 $750 702
706
710
714
718
722
728
7 037-029-036 715 Colorado Ave Y N 24811 2009 26820 0.616 SF 1 4 $397 $2,643 $235 $35 $716 $15,000 $245 $750 8 037-029-037 709 Colorado Ave Y N 24252 1960 26212 0.602 SF 1 4 $388 $2,643 $235 $35 $716 $15,000 $245 $750 9 037-029-055 721 Colorado Ave Y N 58455 3403 61858 1.420 SF 1 6 $916 $2,643 $235 $35 $716 $15,000 $245 $750 10 037-029-057 705 Adkinson Way N N 4710 0 4710 0.108 SF 1 4 $70 $2,643 $235 $35 $716 $15,000 $245 $750 709
713
717
721
725
12 037-030-002 1406 South Ave N N 38269 4953 43222 0.992 V-R1 1 4 $640 $2,643 $235 $35 $716 $15,000 $245 $750 13 037-030-003 1324 South Ave N N 13226 1710 14936 0.343 SF 1 4 $221 $2,643 $235 $35 $716 $15,000 $245 $750 14 037-030-004 1318 South Ave N N 11518 1498 13016 0.299 SF 1 4 $193 $2,643 $235 $35 $716 $15,000 $245 $750 15 037-030-006 1310 South Ave N N 6916 1497 8413 0.193 SF 1 4 $125 $2,643 $235 $35 $716 $15,000 $245 $750 16 037-030-008 512 Leon Ave N N 8639 1200 9839 0.226 SF 1 4 $146 $2,643 $235 $35 $716 $15,000 $245 $750 17 037-030-009 518 Leon Ave N N 22795 3543 26338 0.605 MF 2 6 $390 $4,302 $235 $35 $1,024 $30,000 $245 $750 18 037-030-010 520 Leon Ave N N 11411 1124 12535 0.288 SF 1 4 $186 $2,643 $235 $35 $716 $15,000 $245 $750 522
524
526
528
530
21 037-030-013 602 Leon Ave N N 24205 2373 26578 0.610 MF 2 6 $394 $4,302 $235 $35 $1,024 $30,000 $245 $750 22 037-030-014 604 Leon Ave N N 22787 3781 26568 0.610 SF 1 4 $393 $2,643 $235 $35 $716 $15,000 $245 $750 620
624
628
630
1305 Rouse Ave N N
1421
1419
541 Sutter Ave
25 037-030-018 531 Sutter Ave N N 49280 2365 51645 1.186 SF 1 4 $765 $2,643 $235 $35 $716 $15,000 $245 $750 527
529
27 037-030-020 523 Sutter Ave N N 41827 1263 43090 0.989 SF 1 4 $638 $2,643 $235 $35 $716 $15,000 $245 $750 28 037-030-021 612 Leon Ave N N 10485 1099 11584 0.266 MF 2 6 $172 $4,302 $235 $35 $1,024 $30,000 $245 $750 616
614
30 037-030-024 519 Sutter Ave N N 11618 2554 14172 0.325 SF 1 4 $210 $2,643 $235 $35 $716 $15,000 $245 $750 31 037-030-025 1422 South Ave N N 11143 7634 18777 0.431 SF 1 4 $278 $2,643 $235 $35 $716 $15,000 $245 $750 32 037-030-026 1418 South Ave N N 8796 1804 10600 0.243 SF 1 4 $157 $2,643 $235 $35 $716 $15,000 $245 $750 33 037-030-028 504 Leon Ave N N 5829 4664 10493 0.241 SF 1 4 $155 $2,643 $235 $35 $716 $15,000 $245 $750 34 037-030-031 600 S Alturas Ave N N 6130 1366 7496 0.172 SF 1 4 $111 $2,643 $235 $35 $716 $15,000 $245 $750 35 037-030-032 604 S Alturas Ave N N 7017 2036 9053 0.208 SF 1 4 $134 $2,643 $235 $35 $716 $15,000 $245 $750 36 037-030-033 610 S Alturas Ave N N 7159 1870 9029 0.207 SF 1 4 $134 $2,643 $235 $35 $716 $15,000 $245 $750 37 037-030-034 616 S Alturas Ave N N 6894 1800 8694 0.200 SF 1 4 $129 $2,643 $235 $35 $716 $15,000 $245 $750 38 037-030-035 624 S Alturas Ave N N 6894 1804 8698 0.200 SF 1 4 $129 $2,643 $235 $35 $716 $15,000 $245 $750 39 037-030-036 628 S Alturas Ave N N 6894 1800 8694 0.200 SF 1 4 $129 $2,643 $235 $35 $716 $15,000 $245 $750 40 037-030-037 634 S Alturas Ave N N 6894 1800 8694 0.200 SF 1 4 $129 $2,643 $235 $35 $716 $15,000 $245 $750 41 037-030-038 638 S Alturas Ave N N 6894 1800 8694 0.200 SF 1 4 $129 $2,643 $235 $35 $716 $15,000 $245 $750 42 037-030-039 642 S Alturas Ave N N 6894 1800 8694 0.200 SF 1 4 $129 $2,643 $235 $35 $716 $15,000 $245 $750 43 037-030-040 646 S Alturas Ave N N 6894 1800 8694 0.200 SF 1 4 $129 $2,643 $235 $35 $716 $15,000 $245 $750 44 037-030-041 1309 Rouse Ave N N 8622 6605 15227 0.350 SF 1 4 $225 $2,643 $235 $35 $716 $15,000 $245 $750 45 037-030-042 605 S Alturas Ave N N 6569 6322 12891 0.296 SF 1 4 $191 $2,643 $235 $35 $716 $15,000 $245 $750 46 037-030-043 611 S Alturas Ave N N 7237 1930 9167 0.210 SF 1 4 $136 $2,643 $235 $35 $716 $15,000 $245 $750 47 037-030-044 615 S Alturas Ave N N 6864 1827 8691 0.200 SF 1 4 $129 $2,643 $235 $35 $716 $15,000 $245 $750 48 037-030-045 617 S Alturas Ave N N 6864 1830 8694 0.200 SF 1 4 $129 $2,643 $235 $35 $716 $15,000 $245 $750 49 037-030-046 621 S Alturas Ave N N 6864 1830 8694 0.200 SF 1 4 $129 $2,643 $235 $35 $716 $15,000 $245 $750 50 037-030-047 635 S Alturas Ave N N 6864 1830 8694 0.200 SF 1 4 $129 $2,643 $235 $35 $716 $15,000 $245 $750 51 037-030-048 645 S Alturas Ave N N 13727 3660 17387 0.399 SF 1 4 $257 $2,643 $235 $35 $716 $15,000 $245 $750 52 037-030-049 649 S Alturas Ave N N 6864 1830 8694 0.200 MF 2 6 $129 $4,302 $235 $35 $1,024 $30,000 $245 $750 53 037-030-050 651 S Alturas Ave N N 8563 6847 15410 0.354 MF 2 6 $228 $4,302 $235 $35 $1,024 $30,000 $245 $750 54 037-030-051 651 Sutter Ave N N 15432 8730 24162 0.555 Store 1 6 $358 $2,643 $235 $35 $716 $15,000 $245 $750 55 037-030-052 641 Sutter Ave N N 6864 1830 8694 0.200 SF 1 4 $129 $2,643 $235 $35 $716 $15,000 $245 $750 56 037-030-053 637 Sutter Ave N N 6864 1830 8694 0.200 SF 1 4 $129 $2,643 $235 $35 $716 $15,000 $245 $750 57 037-030-054 631 Sutter Ave N N 6864 1830 8694 0.200 SF 1 4 $129 $2,643 $235 $35 $716 $15,000 $245 $750 58 037-030-055 627 Sutter Ave N N 6864 1831 8695 0.200 SF 1 4 $129 $2,643 $235 $35 $716 $15,000 $245 $750 59 037-030-056 623 Sutter Ave N N 6864 1830 8694 0.200 SF 1 4 $129 $2,643 $235 $35 $716 $15,000 $245 $750 60 037-030-057 617 Sutter Ave N N 6864 1830 8694 0.200 SF 1 4 $129 $2,643 $235 $35 $716 $15,000 $245 $750 61 037-030-058 611 Sutter Ave N N 6864 1834 8698 0.200 SF 1 4 $129 $2,643 $235 $35 $716 $15,000 $245 $750 62 037-030-059 1420 Elsie St N N 6937 6416 13353 0.307 SF 1 4 $198 $2,643 $235 $35 $716 $15,000 $245 $750 63 037-030-060 508 Leon Ave N N 12070 2208 14278 0.328 MS 2 6 $211 $4,302 $235 $35 $1,024 $30,000 $245 $750 64 037-031-003 1224 Rouse Ave N N 41397 1649 43046 0.988 SF 1 4 $637 $2,643 $235 $35 $716 $15,000 $245 $750 65 037-031-004 1220 Rouse Ave N N 8150 825 8975 0.206 SF 1 4 $133 $2,643 $235 $35 $716 $15,000 $245 $750 66 037-031-005 1210 Rouse Ave N N 39726 1982 41708 0.957 SF 1 4 $618 $2,643 $235 $35 $716 $15,000 $245 $750 67 037-031-008 1114 Rouse Ave Y N 19330 5155 24485 0.562 MS 2 6 $363 $4,302 $235 $35 $1,024 $30,000 $245 $750 68 037-031-009 708 Colorado Ave Y N 13657 1500 15157 0.348 SF 1 4 $224 $2,643 $235 $35 $716 $15,000 $245 $750 69 037-031-010 712 Colorado Ave Y N 44886 2400 47286 1.086 SF 1 6 $700 $2,643 $235 $35 $716 $15,000 $245 $750 70 037-031-011 718 Colorado Ave Y N 211156 6602 217758 4.999 MS 2 6 $3,224 $4,302 $235 $35 $1,024 $30,000 $245 $750 71 037-031-012 727 Sutter Ave N N 106067 3659 109726 2.519 Church 1 6 $1,625 $2,643 $235 $35 $716 $15,000 $245 $750 803 20625
805
73 037-031-014 723 Sutter Ave N N 42214 1320 43534 0.999 MF 2 6 $645 $4,302 $235 $35 $1,024 $30,000 $245 $750 74 037-031-015 719 Sutter Ave N N 42255 1320 43575 1.000 SF 1 4 $645 $2,643 $235 $35 $716 $15,000 $245 $750 75 037-031-017 701 Sutter Ave N N 9127 6977 16104 0.370 SF 1 4 $238 $2,643 $235 $35 $716 $15,000 $245 $750 76 037-031-022 707 Sutter Ave N N 37462 2750 40212 0.923 Indust. 1 6 $595 $2,643 $235 $35 $716 $15,000 $245 $750 1306
1304
78 037-031-026 1330 Rouse Ave N N 19974 2995 22969 0.527 SF 1 4 $340 $2,643 $235 $35 $716 $15,000 $245 $750 1408
1412
80 037-031-028 1118 Rouse Ave N N 9,793 1799 11592 0.266 SF 1 4 $172 $2,643 $235 $35 $716 $15,000 $245 $750 81 037-032-001 805 S Sutter Ave N N 20235 1649 21884 0.502 SF 1 4 $324 $2,643 $235 $35 $716 $15,000 $245 $750 82 037-032-006 1401 Figaro Ave N N 11558 1314 12872 0.296 SF 1 4 $191 $2,643 $235 $35 $716 $15,000 $245 $750 83 037-032-008 1321 Figaro Ave N N 17609 0 17609 0.404 SF 1 4 $261 $2,643 $235 $35 $716 $15,000 $245 $750 84 037-032-010 1205 Figaro Ave N N 119126 12510 131636 3.022 MS 4 6 $1,949 $8,604 $235 $35 $1,640 $60,000 $245 $750 812
810
86 037-032-012 822 Colorado Ave N N 35113 8140 43253 0.993 SF 1 4 $640 $2,643 $235 $35 $716 $15,000 $245 $750 87 037-032-013 902 Colorado Ave Y N 10914 5240 16154 0.371 MF 3 6 $239 $6,453 $235 $35 $1,332 $45,000 $245 $750 88 037-032-014 1118 Figaro Ave N N 8702 1198 9900 0.227 SF 1 4 $147 $2,643 $235 $35 $716 $15,000 $245 $750 89 037-032-015 1124 Figaro Ave N N 40730 2632 43362 0.995 SF 1 4 $642 $2,643 $235 $35 $716 $15,000 $245 $750 90 037-032-016 1206 Figaro Ave N N 15518 1000 16518 0.379 SF 1 4 $245 $2,643 $235 $35 $716 $15,000 $245 $750 91 037-032-017 1210 Figaro Ave N N 12253 1000 13253 0.304 SF 1 4 $196 $2,643 $235 $35 $716 $15,000 $245 $750 92 037-032-018 1214 Figaro Ave N N 7253 1000 8253 0.189 SF 1 4 $122 $2,643 $235 $35 $716 $15,000 $245 $750 21036 1051
N N 2201
N N 22087
N N 23532 0 23532
22809 26337
N
N N
N N
23182
8602
N N 11977
54386 10085 64471
N N
N N 19105 1520
20981
3528
7503 1099
N N
54707 2
$716 $750
$750
$750
$750
$750
$1,024
$15,000
$30,000
$30,000
$750
$750
$750
$750
$750
$750
$1,024
$1,024
$1,024
6 $2,564
$1,948
$1,024
$1,024
$1,948
$1,024
ATTACHMENT A
West Modesto Sewer County Area 9
(includes Colorado Subphase)
6 037-029-033 Adkinson Way 0.507 MS 7 6 $327 $15,057 $235 11 037-029-058 Adkinson Way 0.540 MS 5 6 $348 $10,755 $235 19 037-030-011 Leon Ave N 12615 1240 13855 0.318 MF 2 6 $205 $4,302 $235 20 037-030-012 Leon Ave 0.605 MS 2 6 $390 $4,302 $235
23 037-030-016
Leon Ave
1.480 MS 5 6 $955 $10,755 $235
26 037-030-019 Sutter Ave 0.197 SF 1 4 $127 $2,643 $235
1.401 MF 2 6 $904 $4,302 $235
Elsie St
24 037-030-017 49063 61040
29 037-030-022 Leon Ave 0.532 MS 2 6 $343 $4,302 $235
72 037-031-013 Sutter Ave 0.473 MF 2 6 $305 $4,302 $235 77 037-031-025 Rouse Ave N N 49387 5320 1.256 MS $810 $4,302 $235 79 037-031-027 Rouse Ave 1.470 MS 2 6 $948 $4,302 $235 $30,000 39991 3299 43290
54745 9302 64047
85 037-032-011 Colorado Ave Y N 0.994 SF 1 6 $641 $2,643 $235 $35 $716 $15,000 $245 $750 $105,000
$75,000
$30,000
$30,000
$75,000
$30,000
$30,000
$35
$35
$245
$245
$245
$245
$245
$245
$245
$245
$245
$245
$245
$35
$35
$35
$35
$35
$35
$35
$35
$35
Program Sewer Connection Fees Program City Costs
#18..
- 745 -
1220
1222
907 Leon Ave
94 037-032-020 1302 Figaro AveNN 9073 4538 13611 0.312 MF26 $202 $4,302 $235 $35 $1,024 $30,000 $245 $750 1310
1306
96 037-032-022 1320 Figaro AveNN 8809 1213 10022 0.230 MS26 $148 $4,302 $235 $35 $1,024 $30,000 $245 $750 1322
1324
98 037-032-024 1402 Figaro AveNN 10443 1439 11882 0.273 SF14 $176 $2,643 $235 $35 $716 $15,000 $245 $750 99 037-032-025 1408 Figaro AveNN 7943 1097 9040 0.208 SF14 $134 $2,643 $235 $35 $716 $15,000 $245 $750 100 037-032-028 911 S Sutter AveNN 5666 997 6663 0.153 SF14 $99 $2,643 $235 $35 $716 $15,000 $245 $750 101 037-032-029 913 S Sutter AveNN 5668 1155 6823 0.157 SF14 $101 $2,643 $235 $35 $716 $15,000 $245 $750 102 037-032-031 1407 Pelton AveNN 108660 10866 0.249 SF14 $161 $2,643 $235 $35 $716 $15,000 $245 $750 103 037-032-033 911 Leon AveNN 4757 1001 5758 0.132 SF14 $85 $2,643 $235 $35 $716 $15,000 $245 $750 104 037-032-034 913 Leon AveNN 6731 1499 8230 0.189 SF14 $122 $2,643 $235 $35 $716 $15,000 $245 $750 105 037-032-035 917 Leon AveNN 7210 1001 8211 0.188 SF14 $122 $2,643 $235 $35 $716 $15,000 $245 $750 106 037-032-036 919 Leon AveNN 11942 2142 14084 0.323 SF14 $209 $2,643 $235 $35 $716 $15,000 $245 $750 107 037-032-037 920 Colorado AveYN 13286 1253 14539 0.334 SF14 $215 $2,643 $235 $35 $716 $15,000 $245 $750 108 037-032-038 916 Colorado AveYN 13287 1100 14387 0.330 SF14 $213 $2,643 $235 $35 $716 $15,000 $245 $750 109 037-032-039 912 Colorado AveYN 13292 1100 14392 0.330 MF26 $213 $4,302 $235 $35 $1,024 $30,000 $245 $750 110 037-032-040 906 Colorado AveYN 15456 1699 17155 0.394 SF16 $254 $2,643 $235 $35 $716 $15,000 $245 $750 1305
1301
1309
112 037-032-042 1317 Figaro AveNN 14000 2099 16099 0.370 SF14 $238 $2,643 $235 $35 $716 $15,000 $245 $750 113 037-032-046 922 Leon AveNN 8862 2561 11423 0.262 MF26 $169 $4,302 $235 $35 $1,024 $30,000 $245 $750 114 037-032-047 1409 Pelton AveNN 325890 32589 0.748 MS56 $483 $10,755 $235 $35 $1,948 $75,000 $245 $750 115 037-033-001 915 Sutter AveNN 4608 1490 6098 0.140 MF16 $90 $2,643 $235 $35 $716 $15,000 $245 $750 116 037-033-002 1421 Pelton AveNN 4916 5147 10063 0.231 SF14 $149 $2,643 $235 $35 $716 $15,000 $245 $750 117 037-033-003 1417 Pelton AveNN 3284 1231 4515 0.104 SF14 $67 $2,643 $235 $35 $716 $15,000 $245 $750 118 037-033-004 1413 Pelton AveNN 6251 1503 7754 0.178 SF14 $115 $2,643 $235 $35 $716 $15,000 $245 $750 119 037-033-005 1405 Pelton AveNN 6751 1620 8371 0.192 SF14 $124 $2,643 $235 $35 $716 $15,000 $245 $750 120 037-033-006 1403 Pelton AveNN 6251 1500 7751 0.178 SF14 $115 $2,643 $235 $35 $716 $15,000 $245 $750 121 037-033-007 1401 Pelton AveNN 6251 1500 7751 0.178 MF26 $115 $4,302 $235 $35 $1,024 $30,000 $245 $750 122 037-033-008 1323 Pelton AveNN 6251 1500 7751 0.178 SF14 $115 $2,643 $235 $35 $716 $15,000 $245 $750 123 037-033-009 1319 Pelton AveNN 6251 1500 7751 0.178 SF14 $115 $2,643 $235 $35 $716 $15,000 $245 $750 124 037-033-010 1315 Pelton AveNN 6260 1502 7762 0.178 SF14 $115 $2,643 $235 $35 $716 $15,000 $245 $750 125 037-033-011 1309 Pelton AveNN 9377 2250 11627 0.267 SF14 $172 $2,643 $235 $35 $716 $15,000 $245 $750 126 037-033-012 1305 Pelton AveNN 5501 1320 6821 0.157 SF14 $101 $2,643 $235 $35 $716 $15,000 $245 $750 127 037-033-013 1301 Pelton AveNN 4309 5854 10163 0.233 SF14 $150 $2,643 $235 $35 $716 $15,000 $245 $750 128 037-033-014 1217 Pelton AveN
N 8071 6737 14808 0.340 MF26 $219 $4,302 $235 $35 $1,024 $30,000 $245 $750 129 037-033-015 1213 Pelton AveNN 6198 1489 7687 0.176 SF14 $114 $2,643 $235 $35 $716 $15,000 $245 $750 130 037-033-016 1209 Pelton AveNN 6251 1501 7752 0.178 SF14 $115 $2,643 $235 $35 $716 $15,000 $245 $750 131 037-033-017 1205 Pelton AveNN 6251 1496 7747 0.178 SF14 $115 $2,643 $235 $35 $716 $15,000 $245 $750 132 037-033-018 1201 Pelton AveNN 6251 1500 7751 0.178 SF14 $115 $2,643 $235 $35 $716 $15,000 $245 $750 133 037-033-019 1123 Pelton AveNN 6251 1503 7754 0.178 SF14 $115 $2,643 $235 $35 $716 $15,000 $245 $750 134 037-033-020 1119 Pelton AveNN 6251 1495 7746 0.178 MF26 $115 $4,302 $235 $35 $1,024 $30,000 $245 $750 135 037-033-021 1115 Pelton AveNN 9377 2250 11627 0.267 MF26 $172 $4,302 $235 $35 $1,024 $30,000 $245 $750 136 037-033-022 1109 Pelton AveNN 6251 1500 7751 0.178 MF26 $115 $4,302 $235 $35 $1,024 $30,000 $245 $750 137 037-033-023 1105 Pelton AveNN 6251 1500 7751 0.178 SF14 $115 $2,643 $235 $35 $716 $15,000 $245 $750 138 037-033-024 1101 Pelton AveNN 6148 6265 12413 0.285 SF14 $184 $2,643 $235 $35 $716 $15,000 $245 $750 139 037-033-025 1102 Pelton AveNN 6237 6520 12757 0.293 Store26 $189 $4,302 $235 $35 $1,024 $30,000 $245 $750 140 037-033-026 1106 Pelton AveNN 6253 1498 7751 0.178 SF14 $115 $2,643 $235 $35 $716 $15,000 $245 $750 141 037-033-027 1110 Pelton AveNN 9379 2250 11629 0.267 SF14 $172 $2,643 $235 $35 $716 $15,000 $245 $750 142 037-033-028 1116 Pelton AveNN 6253 1500 7753 0.178 SF14 $115 $2,643 $235 $35 $716 $15,000 $245 $750 143 037-033-029 1120 Pelton AveNN 6253 1503 7756 0.178 SF14 $115 $2,643 $235 $35 $716 $15,000 $245 $750 144 037-033-030 1124 Pelton AveNN 6253 1500 7753 0.178 SF14 $115 $2,643 $235 $35 $716 $15,000 $245 $750 145 037-033-031 1202 Pelton AveNN 6253 1500 7753 0.178 SF14 $115 $2,643 $235 $35 $716 $15,000 $245 $750 146 037-033-032 1206 Pelton AveNN 6253 1500 7753 0.178 SF14 $115 $2,643 $235 $35 $716 $15,000 $245 $750 147 037-033-033 1210 Pelton AveNN 6253 1498 7751 0.178 MF26 $115 $4,302 $235 $35 $1,024 $30,000 $245 $750 148 037-033-034 1214 Pelton AveNN 6253 1500 7753 0.178 SF14 $115 $2,643 $235 $35 $716 $15,000 $245 $750 149 037-033-035 1218 Pelton AveNN 7875 6838 14713 0.338 SF14 $218 $2,643 $235 $35 $716 $15,000 $245 $750 150 037-033-036 1302 Pelton AveNN 4781 6106 10887 0.250 SF14 $161 $2,643 $235 $35 $716 $15,000 $245 $750 151 037-033-037 1306 Pelton AveNN 5002 1198 6200 0.142 SF14 $92 $2,643 $235 $35 $716 $15,000 $245 $750 152 037-033-038 1310 Pelton AveNN 9379 2250 11629 0.267 SF14 $172 $2,643 $235 $35 $716 $15,000 $245 $750 153 037-033-039 1316 Pelton AveNN 6253 1500 7753 0.178 SF14 $115 $2,643 $235 $35 $716 $15,000 $245 $750 154 037-033-040 1320 Pelton AveNN 9379 2250 11629 0.267 MF26 $172 $4,302 $235 $35 $1,024 $30,000 $245 $750 1404NN
1402NN
1400NN
156 037-033-042 1408 Pelton AveNN 6253 1500 7753 0.178 SF14 $115 $2,643 $235 $35 $716 $15,000 $245 $750 157 037-033-043 1412 Pelton AveNN 9379 2250 11629 0.267 MF26 $172 $4,302 $235 $35 $1,024 $30,000 $245 $750 158 037-033-044 1416 Pelton AveNN 6252 1500 7752 0.178 SF14 $115 $2,643 $235 $35 $716 $15,000 $245 $750 159 037-033-046 1423 Faustina AveNN 9948 7338 17286 0.397 SF14 $256 $2,643 $235 $35 $716 $15,000 $245 $750 160 037-033-047 1415 Faustina AveNN 6250 1500 7750 0.178 SF1 4 $115 $2,643 $235 $35 $716 $15,000 $245 $750
161 037-033-048 1411 Faustina AveNN 9423 2261 11684 0.268 SF14 $173 $2,643 $235 $35 $716 $15,000 $245 $750 162 037-033-049 1405 Faustina AveNN 6250 1503 7753 0.178 SF14 $115 $2,643 $235 $35 $716 $15,000 $245 $750 163 037-033-050 1401 Faustina AveNN 6250 1498 7748 0.178 SF14 $115 $2,643 $235 $35 $716 $15,000 $245 $750 164 037-033-051 1323 Faustina AveNN 6250 1500 7750 0.178 SF14 $115 $2,643 $235 $35 $716 $15,000 $245 $750 165 037-033-052 1319 Faustina AveNN 6250 1500 7750 0.178 SF14 $115 $2,643 $235 $35 $716 $15,000 $245 $750 166 037-033-053 1315 Faustina AveNN 6250 1503 7753 0.178 SF14 $115 $2,643 $235 $35 $716 $15,000 $245 $750 167 037-033-054 1311 Faustina AveNN 6250 1500 7750 0.178 SF14 $115 $2,643 $235 $35 $716 $15,000 $245 $750 168 037-033-055 1307 Faustina AveNN 6250 1498 7748 0.178 SF14 $115 $2,643 $235 $35 $716 $15,000 $245 $750 169 037-033-056 1303 Faustina AveNN 6866 6593 13459 0.309 SF14 $199 $2,643 $235 $35 $716 $15,000 $245 $750 170 037-033-057 1015 Leon AveNN 7925 6855 14780 0.339 SF14 $219 $2,643 $235 $35 $716 $15,000 $245 $750 171 037-033-058 1205 Faustina AveNN 9375 2250 11625 0.267 MF26 $172 $4,302 $235 $35 $1,024 $30,000 $245 $750 172 037-033-059 1203 Faustina AveNN 12500 3003 15503 0.356 SF14 $230 $2,643 $235 $35 $716 $15,000 $245 $750 173 037-033-060 1125 Faustina AveNN 9375 2248 11623 0.267 SF14 $172 $2,643 $235 $35 $716 $15,000 $245 $750 174 037-033-061 1119 Faustina AveNN 9375 2250 11625 0.267 MS26 $172 $4,302 $235 $35 $1,024 $30,000 $245 $750 175 037-033-063 1113 Faustina AveNN 6250 1503 7753 0.178 SF14 $115 $2,643 $235 $35 $716 $15,000 $245 $750 176 037-033-065 1109 Faustina AveNN 6250 1498 7748 0.178 SF14 $115 $2,643 $235 $35 $716 $15,000 $245 $750 177 037-033-066 1105 Faustina AveNN 6250 1500 7750 0.178 SF14 $115 $2,643 $235 $35 $716 $15,000 $245 $750 178 037-033-067 1016 Colorado AveNN 6177 6483 12660 0.291 SF14 $187 $2,643 $235 $35 $716 $15,000 $245 $750 179 037-034-001 1422 Faustina AveNN 7110 6653 13763 0.316 SF14 $204 $2,643 $235 $35 $716 $15,000 $245 $750 180 037-034-002 1418 Faustina AveNN 6253 1500 7753 0.178 SF14 $115 $2,643 $235 $35 $716 $15,000 $245 $750 181 037-034-003 1414 Faustina AveNN 6253 1500 7753 0.178 SF14 $115 $2,643 $235 $35 $716 $15,000 $245 $750 182 037-034-004 1410 Faustina AveNN 6253 1500 7753 0.178 SF14 $115 $2,643 $235 $35 $716 $15,000 $245 $750 183 037-034-005 1406 Faustina AveNN 6253 1500 7753 0.178 SF14 $115 $2,643 $235 $35 $716 $15,000 $245 $750 184 037-034-006 1402 Faustina AveNN 6253 1500 7753 0.178 SF14 $115 $2,643 $235 $35 $716 $15,000 $245 $750 185 037-034-007 1324 Faustina AveNN 6253 1500 7753 0.178 SF14 $115 $2,643 $235 $35 $716 $15,000 $245 $750 186 037-034-008 1320 Faustina AveNN 6253 1500 7753 0.178 SF14 $115 $2,643 $235 $35 $716 $15,000 $245 $750 187 037-034-009 1316 Faustina AveNN 6253 1500 7753 0.178 SF14 $115 $2,643 $235 $35 $716 $15,000 $245 $750 188 037-034-010 1312 Faustina AveNN 6253 1500 7753 0.178 SF14 $115 $2,643 $235 $35 $716 $15,000 $245 $750 189 037-034-011 1308 Faustina AveNN 6270 1504 7774 0.178 SF14 $115 $2,643 $235 $35 $716 $15,000 $245 $750 190 037-034-012 1302 Faustina AveNN 6607 6542 13149 0.302 SF14 $195 $2,643 $235 $35 $716 $15,000 $245 $750 191 037-034-013 1218 Faustina AveNN 8152 6905 15057 0.346 SF14 $223 $2,643 $235 $35 $716 $15,000 $245 $750 192 037-034-014 1214 Faustina AveNN 6253 1500 7753 0.178 SF 14 $115 $2,643 $235 $35 $716 $15,000 $245 $750
193 037-034-015 1210 Faustina AveNN 6253 1500 7753 0.178 SF14 $115 $2,643 $235 $35 $716 $15,000 $245 $750 194 037-034-016 1206 Faustina AveNN 6253 1500 7753 0.178 SF14 $115 $2,643 $235 $35 $716 $15,000 $245 $750 195 037-034-017 1202 Faustina AveNN 6253 1500 7753 0.178 SF14 $115 $2,643 $235 $35 $716 $15,000 $245 $750 196 037-034-018 1124 Faustina AveNN 6253 1500 7753 0.178 SF14 $115 $2,643 $235 $35 $716 $15,000 $245 $750 197 037-034-019 1120 Faustina AveNN 6253 1500 7753 0.178 MF26 $115 $4,302 $235 $35 $1,024 $30,000 $245 $750 198 037-034-020 1116 Faustina AveNN 6253 1500 7753 0.178 SF14 $115 $2,643 $235 $35 $716 $15,000 $245 $750 199 037-034-021 1112 Faustina AveNN 7611 1826 9437 0.217 SF14 $140 $2,643 $235 $35 $716 $15,000 $245 $750 200 037-034-022 1106 Faustina AveNN 7816 1875 9691 0.222 MS26 $143 $4,302 $235 $35 $1,024 $30,000 $245 $750 201 037-034-023 1102 Faustina AveNN 6202 6445 12647 0.290 SF14 $187 $2,643 $235 $35 $716 $15,000 $245 $750 202 037-034-024 1110 Colorado AveYN 6482 2249 8731 0.200 SF14 $129 $2,643 $235 $35 $716 $15,000 $245 $750 203 037-034-025 1101 Avalon AveNN 6730 5264 11994 0.275 SF14 $178 $2,643 $235 $35 $716 $15,000 $245 $750 204 037-034-026 1111 Avalon AveNN 9671 1825 11496 0.264 MF26 $170 $4,302 $235 $35 $1,024 $30,000 $245 $750 205 037-034-027 1117 Avalon AveNN 6625 1250 7875 0.181 SF14 $117 $2,643 $235 $35 $716 $15,000 $245 $750 206 037-034-028 1121 Avalon AveNN 8316 1569 9885 0.227 SF14 $146 $2,643 $235 $35 $716 $15,000 $245 $750 207 037-034-029 1201 Avalon AveNN 6625 1248 7873 0.181 SF14 $117 $2,643 $235 $35 $716 $15,000 $245 $750 208 037-034-030 1205 Avalon AveNN 6625 1252 7877 0.181 SF14 $117 $2,643 $235 $35 $716 $15,000 $245 $750 209 037-034-031 1211 Avalon AveNN 6625 1250 7875 0.181 SF14 $117 $2,643 $235 $35 $716 $15,000 $245 $750 9088 4220 13308
12505
70030
$750
$1,332
17404
NN 59918 10112
3000
0.306 MS2
Figaro Ave
6 $245 $750
0.455
$197 $4,302 $235
19804
93 037-032-019
36 $293 $6,453 $235
$135 $2,643 $235
$245 $750
$245
$35
$35
$750
0.356 MS
N 9134
Figaro Ave
Figaro Ave
155056 $35 $750
$1,037 $6,453 $235
$6,453 $235
6 $1,332
$45,000
$30,000
MS
MS3
4 $230
1.608
$1,024
$1,332
$716
$45,000
$45,000
0.210 SF13$15,000
$245
$245
1108
$35
037-032-041 $35 N N111
037-032-023 Figaro Ave
95 8026
NN
2400
155 037-033-041 Pelton Ave
97N
037-032-021
#18..
- 746 -
210 037-034-032 1215 Avalon Ave
NN 6625 1250 7875 0.181 SF14 $117 $2,643 $235 $35 $716 $15,000 $245 $750 211 037-034-033 1223 Avalon AveNN 6933 5346 12279 0.282 SF14 $182 $2,643 $235 $35 $716 $15,000 $245 $750 212 037-034-034 1115 S Leon AveNN 6666 2247 8913 0.205 SF14 $132 $2,643 $235 $35 $716 $15,000 $245 $750 213 037-034-035 1114 S Leon AveNN 6432 6235 12667 0.291 SF14 $188 $2,643 $235 $35 $716 $15,000 $245 $750 214 037-034-036 1307 Avalon AveNN 6625 1250 7875 0.181 SF14 $117 $2,643 $235 $35 $716 $15,000 $245 $750 215 037-034-037 1311 Avalon AveNN 6625 1250 7875 0.181 SF14 $117 $2,643 $235 $35 $716 $15,000 $245 $750 216 037-034-038 1315 Avalon AveNN 6625 1250 7875 0.181 SF14 $117 $2,643 $235 $35 $716 $15,000 $245 $750 217 037-034-040 1401 Avalon AveNN 6625 1250 7875 0.181 SF14 $117 $2,643 $235 $35 $716 $15,000 $245 $750 218 037-034-041 1405 Avalon AveNN 9938 1875 11813 0.271 SF14 $175 $2,643 $235 $35 $716 $15,000 $245 $750 219 037-034-042 1409 Avalon AveNN 9938 1875 11813 0.271 SF14 $175 $2,643 $235 $35 $716 $15,000 $245 $750 220 037-034-043 1415 Avalon AveNN 7922 1495 9417 0.216 SF14 $139 $2,643 $235 $35 $716 $15,000 $245 $750 221 037-034-044 1123 Sutter AveNN 6717 2287 9004 0.207 SF14 $133 $2,643 $235 $35 $716 $15,000 $245 $750 222 037-034-045 1423 Avalon AveNN 6726 5278 12004 0.276 SF14 $178 $2,643 $235 $35 $716 $15,000 $245 $750 223 037-035-001 1424 Avalon AveNN 6663 6283 12946 0.297 SF14 $192 $2,643 $235 $35 $716 $15,000 $245 $750 224 037-035-002 1418 Avalon AveNN 13254 2498 15752 0.362 SF14 $233 $2,643 $235 $35 $716 $15,000 $245 $750 225 037-035-003 1412 Avalon AveNN 6627 1252 7879 0.181 SF14 $117 $2,643 $235 $35 $716 $15,000 $245 $750 226 037-035-004 1406 Avalon AveNN 10603 2000 12603 0.289 SF14 $187 $2,643 $235 $35 $716 $15,000 $245 $750 227 037-035-005 1402 Avalon AveNN 6627 1248 7875 0.181 SF14 $117 $2,643 $235 $35 $716 $15,000 $245 $750 228 037-035-006 1320 Avalon AveNN 9278 1750 11028 0.253 MS26 $163 $4,302 $235 $35 $1,024 $30,000 $245 $750 229 037-035-007 1316 Avalon AveNN 6627 1252 7879 0.181 SF14 $117 $2,643 $235 $35 $716 $15,000 $245 $750 230 037-035-008 1312 Avalon AveNN 6627 1248 7875 0.181 SF14 $117 $2,643 $235 $35 $716 $15,000 $245 $750 231 037-035-009 1310 Avalon AveNN 6627 1252 7879 0.181 SF14 $117 $2,643 $235 $35 $716 $15,000 $245 $750 232 037-035-010 1306 Avalon AveNN 5937 1120 7057 0.162 SF14 $104 $2,643 $235 $35 $716 $15,000 $245 $750 233 037-035-011 1302 Avalon AveNN 5964 1125 7089 0.163 SF14 $105 $2,643 $235 $35 $716 $15,000 $245 $750 234 037-035-012 1224 Avalon AveNN 6627 1250 7877 0.181 SF14 $117 $2,643 $235 $35 $716 $15,000 $245 $750 235 037-035-013 1220 Avalon AveNN 6627 1250 7877 0.181 SF14 $117 $2,643 $235 $35 $716 $15,000 $245 $750 236 037-035-014 1216 Avalon AveNN 7646 1442 9088 0.209 SF14 $135 $2,643 $235 $35 $716 $15,000 $245 $750 237 037-035-015 1212 Avalon AveNN 7953 1500 9453 0.217 SF14 $140 $2,643 $235 $35 $716 $15,000 $245 $750 238 037-035-016 1208 Avalon AveNN 6627 1250 7877 0.181 SF14 $117 $2,643 $235 $35 $716 $15,000 $245 $750 239 037-035-017 1204 Avalon AveNN 6627 1248 7875 0.181 SF14 $117 $2,643 $235 $35 $716 $15,000 $245 $750 240 037-035-018 1124 Avalon AveNN 6627 1252 7879 0.181 SF14 $117 $2,643 $235 $35 $716 $15,000 $245 $750 241 037-035-019 1120 Avalon AveNN 6627 1248 7875 0.181 SF14 $117 $2,643 $235 $35 $716 $15,000 $245 $750 242 037-035-020 1116 Avalon AveNN 6627 1252 7879 0.181 SF14 $117 $2,643 $235 $35 $716 $15,000 $245 $750 243 037-035-021 1112 Avalon AveNN 6627 1248 7875 0.181 SF14 $117 $2,643 $235 $35 $716 $15,000 $245 $750 244 037-035-022 1106 Avalon AveNN 6627 1252 7879 0.181 SF14 $117 $2,643 $235 $35 $716 $15,000 $245 $750 245 037-035-029 1205 Garden Ave
YN 6,624 1750 8374 0.192 SF
14 $124 $2,643 $235 $35 $716 $15,000 $245 $750
246 037-035-037 1317 Garden Ave
YN 6,626 1750 8376 0.192 SF
14 $124 $2,643 $235 $35 $716 $15,000 $245 $750
247 037-035-038 1321 Garden Ave
YN 6,626 2198 8824 0.203 SF
14 $131 $2,643 $235 $35 $716 $15,000 $245 $750
248 037-035-041 1409 Garden Ave
YN 8,321 1750 10071 0.231 SF
14 $149 $2,643 $235 $35 $716 $15,000 $245 $750
249 037-035-050 1406 Garden Ave
YN 6,626 1750 8376 0.192 SF
14 $124 $2,643 $235 $35 $716 $15,000 $245 $750
250 037-035-055 1306 Garden Ave
YN 6,428 4018 10446 0.240 SF
14 $155 $2,643 $235 $35 $716 $15,000 $245 $750
251 037-035-069 1206 Garden Ave
YN 15,207 1750 16957 0.389 SF
14 $251 $2,643 $235 $35 $716 $15,000 $245 $750
501NN
503NN
505NN
507NN
509NN
511NN
513NN
1220 South AveNN
253 037-039-006 520 Colorado AveYN 13127 1320 14447 0.332 MF26 $214 $4,302 $235 $35 $1,024 $30,000 $245 $750 254 037-039-009 526 Colorado AveYN 7412 1650 9062 0.208 SF14 $134 $2,643 $235 $35 $716 $15,000 $245 $750 255 037-039-010 534 Colorado AveYN 22122 1320 23442 0.538 MF26 $347 $4,302 $235 $35 $1,024 $30,000 $245 $750 256 037-039-011 550 Colorado AveYN 24610 2474 27084 0.622 SF14 $401 $2,643 $235 $35 $716 $15,000 $245 $750 257 037-039-012 606 Colorado AveYN 25045 2519 27564 0.633 SF14 $408 $2,643 $235 $35 $716 $15,000 $245 $750 258 037-039-013 608 Colorado AveYN 20605 2101 22706 0.521 SF14 $336 $2,643 $235 $35 $716 $15,000 $245 $750 259 037-039-014 610 Colorado AveYN 21258 2145 23403 0.537 SF14 $347 $2,643 $235 $35 $716 $15,000 $245 $750 260 037-039-015 612 Colorado AveYN 21340 2141 23481 0.539 MS26 $348 $4,302 $235 $35 $1,024 $30,000 $245 $750 261 037-039-016 620 Colorado AveYN 54627 5494 60121 1.380 SF16 $890 $2,643 $235 $35 $716 $15,000 $245 $750 262 037-039-017 628 Colorado AveYN 6222 1650 7872 0.181 SF14 $117 $2,643 $235 $35 $716 $15,000 $245 $750 263 037-039-019 1117 Rouse AveNN 7355 825 8180 0.188 SF14 $121 $2,643 $235 $35 $716 $15,000 $245 $750 264 037-039-020 1121 Rouse AveNN 8311 929 9240 0.212 SF14 $137 $2,643 $235 $35 $716 $15,000 $245 $750 265 037-039-021 1201 Rouse AveNN 7506 750 8256 0.190 SF14 $122 $2,643 $235 $35 $716 $15,000 $245 $750 266 037-039-022 1205 Rouse AveNN 36063 7125 43188 0.991 MS56 $639 $10,755 $235 $35 $1,948 $75,000 $245 $750 267 037-039-023 1223 Rouse AveNN 4694 6053 10747 0.247 MF26 $159 $4,302 $235 $35 $1,024 $30,000 $245 $750 627
625
269 037-039-025 623 Leon AveNN 7842 1080 8922 0.205 MF26 $132 $4,302 $235 $35 $1,024 $30,000 $245 $750 270 037-039-026 621 Leon AveNN 7264 998 8262 0.190 SF14 $122 $2,643 $235 $35 $716 $15,000 $245 $750 271 037-039-027 615 Leon AveNN 40968 2642 43610 1.001 SF14 $646 $2,643 $235 $35 $716 $15,000 $245 $750 272 037-039-028 611 Leon AveNN 20171 1320 21491 0.493 SF14 $318 $2,643 $235 $35 $716 $15,000 $245 $750 273 037-039-029 609 Leon AveNN 20814 1320 22134 0.508 SF14 $328 $2,643 $235 $35 $716 $15,000 $245 $750 274 037-039-030 605 Leon AveN
N 7999 1098 9097 0.209 SF14 $135 $2,643 $235 $35 $716 $15,000 $245 $750 275 037-039-031 601 Leon AveNN 33445 1568 35013 0.804 SF14 $518 $2,643 $235 $35 $716 $15,000 $245 $750 276 037-039-032 527 Leon AveNN 41020 2642 43662 1.002 SF14 $647 $2,643 $235 $35 $716 $15,000 $245 $750 277 037-039-033 523 Leon AveNN 15542 1000 16542 0.380 SF14 $245 $2,643 $235 $35 $716 $15,000 $245 $750 278 037-039-034 519 Leon AveNN 8727 1773 10500 0.241 MF26 $155 $4,302 $235 $35 $1,024 $30,000 $245 $750 279 037-039-035 517 Leon AveNN 36102 1889 37991 0.872 SF14 $563 $2,643 $235 $35 $716 $15,000 $245 $750 280 037-039-036 515 Leon AveNN 20532 1323 21855 0.502 SF14 $324 $2,643 $235 $35 $716 $15,000 $245 $750 281 037-039-037 1113 Rouse AveNN 9122 1028 10150 0.233 MF26 $150 $4,302 $235 $35 $1,024 $30,000 $245 $750 282 037-039-038 632 Colorado AveYN 8757 4452 13209 0.303 SF14 $196 $2,643 $235 $35 $716 $15,000 $245 $750 283 037-039-041 518 Colorado AveYN 19687 1980 21667 0.497 SF16 $321 $2,643 $235 $35 $716 $15,000 $245 $750 284 037-040-010 518 Roselawn AveNN 38955 3961 42916 0.985 MS26 $635 $4,302 $235 $35 $1,024 $30,000 $245 $750 285 037-040-011 520 Roselawn AveNN 39463 3961 43424 0.997 SF14 $643 $2,643 $235 $35 $716 $15,000 $245 $750 286 037-040-012 528 Roselawn AveNN 39468 3961 43429 0.997 SF14 $643 $2,643 $235 $35 $716 $15,000 $245 $750 287 037-040-016 917 Rouse AveNN 16884 1926 18810 0.432 SF14 $279 $2,643 $235 $35 $716 $15,000 $245 $750 1005N
1009N
1011N
289 037-040-018 629 Colorado AveYN 9359 4566 13925 0.320 SF14 $206 $2,643 $235 $35 $716 $15,000 $245 $750 290 037-040-019 627 Colorado AveYN 7344 1740 9084 0.209 MF26 $135 $4,302 $235 $35 $1,024 $30,000 $245 $750 291 037-040-020 625 Colorado AveYN 18057 3958 22015 0.505 SF16 $326 $2,643 $235 $35 $716 $15,000 $245 $750 292 037-040-022 615 Colorado AveYN 108820 10882 0.250 SF14 $161 $2,643 $235 $35 $716 $15,000 $245 $750 293 037-040-025 603 Colorado AveYN 19912 1980 21892 0.503 MF26 $324 $4,302 $235 $35 $1,024 $30,000 $245 $750 294 037-040-026 531 Colorado AveYN 19918 1981 21899 0.503 MF26 $324 $4,302 $235 $35 $1,024 $30,000 $245 $750 295 037-040-028 507 Colorado AveYN 32592 3598 36190 0.831 SF16 $536 $2,643 $235 $35 $716 $15,000 $245 $750 296 037-040-031 607 Colorado AveYN 10350 1985 12335 0.283 SF14 $183 $2,643 $235 $35 $716 $15,000 $245 $750 297 037-040-055 605 Colorado AveYN 40364 1980 42344 0.972 SF16 $627 $2,643 $235 $35 $716 $15,000 $245 $750 298 037-040-033 611 Colorado AveYN 9030 1981 11011 0.253 MF26 $163 $4,302 $235 $35 $1,024 $30,000 $245 $750 299 037-041-002 816 South AveNN 11050 2476 13526 0.311 SF14 $200 $2,643 $235 $35 $716 $15,000 $245 $750 300 037-041-003 810 South AveNN 15208 1952 17160 0.394 MF26 $254 $4,302 $235 $35 $1,024 $30,000 $245 $750 301 037-041-004 806 South AveNN 11704 1500 13204 0.303 SF14 $196 $2,643 $235 $35 $716 $15,000 $245 $750 302 037-041-005 802 South AveNN 11724 1502 13226 0.304 MF26 $196 $4,302 $235 $35 $1,024 $30,000 $245 $750 303 037-041-006 722 South AveNN 11713 1500 13213 0.303 MF26 $196 $4,302 $235 $35 $1,024 $30,000 $245 $750 304 037-041-007 718 South AveNN 11718 1499 13217 0.303 SF14 $196 $2,643 $235 $35 $716 $15,000 $245 $750 305 037-041-008 502 S Sunset BlNN 37710 12116 49826 1.144 MF26 $738 $4,302 $235 $35 $1,024 $30,000 $245 $750 306 037-041-009 514 S Sunset BlNN 8925 1800 10725 0.246 SF14 $159 $2,643 $235 $35 $716 $15,000 $245 $750 307 037-041-010 520 S Sunset BlNN 19715 1976 21691 0.498 MF26 $321 $4,302 $235 $35 $1,024 $30,000 $245 $750 308 037-041-011 524 S Sunset BlNN 19718 1985 21703 0.498 MF26 $321 $4,302 $235 $35 $1,024 $30,000 $245 $750 309 037-041-012 526 Sunset AveNN 19704 1980 21684 0.498 SF14 $321 $2,643 $235 $35 $716 $15,000 $245 $750 310 037-041-013 528 S Sunset BlNN 19718 1981 21699 0.498 SF14 $321 $2,643 $235 $35 $716 $15,000 $245 $750 311 037-041-014 532 Sunset AveNN 39411 3961 43372 0.996 SF14 $642 $2,643 $235 $35 $716 $15,000 $245 $750 312 037-041-015 604 SunsetNN 39400 3961 43361 0.995 SF14 $642 $2,643 $235 $35 $716 $15,000 $245 $750 313 037-041-016 608 S Sunset BlNN 19693 1980 21673 0.498 SF14 $321 $2,643 $235 $35 $716 $15,000 $245 $750 314 037-041-017 612 S Sunset BlNN 19696 1981 21677 0.498 MF26 $321 $4,302 $235 $35 $1,024 $30,000 $245 $750 315 037-041-018 616 S Sunset BlNN 19688 1980 21668 0.497 SF14 $321 $2,643 $235 $35 $716 $15,000 $245 $750 316 037-041-019 620 S Sunset BlNN 19690 1976 21666 0.497 SF14 $321 $2,643 $235 $35 $716 $15,000 $245 $750 317 037-041-020 626 S Sunset BlNN 39361 3964 43325 0.995 SF14 $642 $2,643 $235 $35 $716 $15,000 $245 $750 318 037-041-021 715 RouseNN 28975 7694 36669 0.842 SF14 $543 $2,643 $235 $35 $716 $15,000 $245 $750 319 037-041-022 719 Rouse AveNN 9014 2325 11339 0.260 SF14 $168 $2,643 $235 $35 $716 $15,000 $245 $750 321 037-041-023 725 Rouse AveNN 9859 1125 10984 0.252 SF14 $163 $2,643 $235 $35 $716 $15,000 $245 $750 322 037-041-024 809 Rouse AveNN 9857 1125 10982 0.252 SF14 $163 $2,643 $235 $35 $716 $15,000 $245 $750 323 037-041-026 619 Roselawn AveNN 19898 1981 21879 0.502 SF14 $324 $2,643 $235 $35 $716 $15,000 $245 $750 324 037-041-027 615 Roselawn AveNN 19893 1980 21873 0.502 SF14 $324 $2,643 $235 $35 $716 $15,000 $245 $750 325 037-041-029 525 Roselawn AveNN 12875 2555 15430 0.354 SF14 $228 $2,643 $235 $35 $716 $15,000 $245 $750 N
44777 2622 47399
Leon Ave 18168
Leon Ave
N 15416 2752
$1,024
0.998
0.417 $269 6 $750MS26 $750
$1,948 $75,000 $245
6 $4,302 $235
037-040-017 Rouse Ave 1.088 MS2
268
$702 $4,302 $235
$1,024
$750
037-039-001 MS5
$245
$643 $10,755 $235
037-039-024
252 43457
$30,000
$30,000 $245
$35
$35
$35
288
31483 11974
N
#18..
- 747 -
326 037-041-030 515 Roselawn Ave N N 9089 1798 10887 0.250 SF 1 4 $161 $2,643 $235 $35 $716 $15,000 $245 $750 513
511
328 037-041-032 621 Roselawn Ave N N 19892 1980 21872 0.502 SF 1 4 $324 $2,643 $235 $35 $716 $15,000 $245 $750 329 037-041-033 623 Roselawn Ave N N 19891 1980 21871 0.502 SF 1 4 $324 $2,643 $235 $35 $716 $15,000 $245 $750 330 037-041-034 627 Roselawn Ave N N 19896 6668 26564 0.610 MS 2 6 $393 $4,302 $235 $35 $1,024 $30,000 $245 $750 331 037-041-035 519 Roselawn Ave N N 40376 3122 43498 0.999 SF 1 4 $644 $2,643 $235 $35 $716 $15,000 $245 $750 4,882,377 838,772 5,721,149 131 426 $ 84,714.49 $ 1,044,246.00 $ 77,550.00 $ 11,550.00 $ 265,848.00 $ 6,390,000.00 $ 80,850.00 $ 247,500.00 037-041-031 Roselawn Ave N N 13649 0.382 MS 2 6 $247 $4,302 $235 $1,024 $750 *WWCC fee rate for Single Family (SF) = $2,643
*WWCC fee rate for Multi Family (MF) = $2,151 Assuming one service per APN, Sub-Trunk Fee was calculated using $645/Acre. 327 3005 16654 $35 $30,000 $245
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