Modesto City Council
April 8, 2025

CML 5059 (261) Downtown Signal Coordination G Street and H Street Bid Tabulation Wednesday, January 22, 2025
Project Title: Downtown Signal Coordination G Street and H Street Project ID #: 2025-14
Vault ID #: 25-D-0258
Account #: 101318
Bid Opening: 1/21/2025 at 11:00 AM Designer: Max Navarro Basis of Award: By Base Bid Design Manager: Max Navarro Project Description: Project will upgrade software & hardware along G Street and H Street. Project will connect fiber optic cable into each traffic cabinet along G Street and H Street allowing for improved traffic management and signal performance.

Item # Item Description Units Quantity Unit Price Extension Apparent Low Bidder
Bear Electrical Solutions, LLC.
(408) 449-5178 P.O. Box 924, Alviso CA 95002
Base Bid

1. Traffic Control, Barricades, and Other Related Fees LS 1 $161,000.00 $161,000.00

2. Clearing, Grubbing, and Mobilization LS 1 $51,500.00 $51,500.00

3. Conduit Installation LF 6,075 $81.00 $492,075.00

4. Fiber Optic Cable Installation - 96 Strand LF 10,875 $6.00 $65,250.00

5. Fiber Optic Cable Installation - 12 Strand LF 1,020 $13.00 $13,260.00

6. Pull Box EA 17 $5,500.00 $93,500.00

7. Hub Cabinet EA 2 $19,500.00 $39,000.00

8. Fusion Splice - 12 Strand Fiber EA 14 $4,500.00 $63,000.00

9. Fusion Splice - 96 Strand Fiber EA 3 $7,000.00 $21,000.00

10. Water Pollution Control Plan (WPCP) LS 1 $3,000.00 $3,000.00

11. Restoration LS 1 $173,500.00 $173,500.00
Total Base Bid: $1,176,085.00
Percent From Engineer's Estimate: -35.53%
Bullert Industrial Electric, Inc.
(530) 364-2166 7630 Avianca Drive, Redding, CA 96002
Base Bid

1. Traffic Control, Barricades, and Other Related Fees LS 1 $120,000.00 $120,000.00

2. Clearing, Grubbing, and Mobilization LS 1 $180,000.00 $180,000.00

3. Conduit Installation LF 6,075 $145.00 $880,875.00

4. Fiber Optic Cable Installation - 96 Strand LF 10,875 $15.00 $163,125.00

5. Fiber Optic Cable Installation - 12 Strand LF 1,020 $17.00 $17,340.00

6. Pull Box EA 17 $3,100.00 $52,700.00

7. Hub Cabinet EA 2 $77,000.00 $154,000.00

8. Fusion Splice - 12 Strand Fiber EA 14 $5,500.00 $77,000.00

9. Fusion Splice - 96 Strand Fiber EA 3 $30,000.00 $90,000.00

10. Water Pollution Control Plan (WPCP) LS 1 $3,000.00 $3,000.00

11. Restoration LS 1 $69,000.00 $69,000.00
Total Base Bid: $1,807,040.00
Percent From Engineer's Estimate: -0.94%
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CML 5059 (261) Downtown Signal Coordination G Street and H Street Item # Item Description Units Quantity Unit Price Extension Engineer's Estimate
Base Bid

1. Traffic Control, Barricades, and Other Related Fees LS 1 $100,000.00 $100,000.00

2. Clearing, Grubbing, and Mobilization LS 1 $30,000.00 $30,000.00

3. Conduit Installation LF 6,075 $125.00 $759,375.00

4. Fiber Optic Cable Installation - 96 Strand LF 10,875 $25.00 $271,875.00

5. Fiber Optic Cable Installation - 12 Strand LF 1,020 $25.00 $25,500.00

6. Pull Box EA 17 $3,500.00 $59,500.00

7. Hub Cabinet EA 2 $20,000.00 $40,000.00

8. Fusion Splice - 12 Strand Fiber EA 14 $23,500.00 $329,000.00

9. Fusion Splice - 96 Strand Fiber EA 3 $65,000.00 $195,000.00

10. Water Pollution Control Plan (WPCP) LS 1 $7,000.00 $7,000.00

11. Restoration LS 1 $7,000.00 $7,000.00
Total Base Bid: $1,824,250.00
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CITY OF MODESTO

COUNCIL AGENDA REPORT
DATE OF MEETING:

April 8, 2025
Date: March 18, 2025
TO: Mayor and City Council
THROUGH: Joseph P. Lopez, City Manager
FROM: William Wong, Director of Utilities
SUBJECT: Construction Contract with United Pavement Maintenance, Inc.

Coffee Road Strengthen & Replace Water Mains Project
CONTACT: Edgar Vargas, Senior Civil Engineer, [email protected], 209-577-5424 DESCRIPTION:

Consider approving the Plans and Specifications for the Coffee Road Strengthen & Replace Water Mains Project, accepting the Bid and awarding a Construction Contract to United Pavement Maintenance, Inc., of Hughson, CA in the amount of $2,338,210, authorizing 20% in contingency (if needed), for a total payment amount not to exceed $2,805,852. (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 along Coffee Road, from East Fairmont Avenue to Brighton Avenue and in the surrounding area are aging, undersized steel pipes that are prone to leaks and low water pressure. To address this, the Coffee Road Strengthen & Replace Water Mains Project will replace approximately 6,455 linear feet of these outdated mains to meet current City of Modesto standards along the following streets:

Coffee Road East Fairmont Avenue to Brighton Avenue
Ramona Avenue East Fairmont Avenue to Edison Avenue
El Vecino Avenue East Fairmont Avenue to Edison Avenue
El Terino Avenue East Fairmont Avenue to Edison Avenue
Multnomah Drive El Terino Avenue to Coffee Road
Chehalem Drive El Terino Avenue to Coffee Road
Edison Avenue El Vecino Avenue to El Terino Avenue
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City Council Meeting, April 8, 2025
Construction Contract with United Pavement Maintenance, Inc.

Coffee Road Strengthen & Replace Water Mains Project

The Project will also include the replacement of water valves and fire hydrants within the area to bring them up to current standards. These upgrades will improve system reliability by enhancing water pressure and increasing fire flow capacity for residents.

DISCUSSION:

The project was advertised for bids on January 16, 2025; Bids were publicly opened on February 25, 2025, pursuant to City Charter Section 1307.

Bid Analysis:

Number of Bids Received 9
Number of Bids within 10% of Engineer’s Estimate 5
Number of Bids Above the Engineer’s Estimate 7
Number of Bids Below the Engineer’s Estimate 2
Percent Low Bid is Below the Engineer’s Estimate 4.00%
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 Coffee Road Strengthen & Replace Water Mains Project to United Pavement Maintenance, Inc., of Hughson, CA, conforms to the Modesto Municipal Code because the City complied with the formal bid procedures and United Pavement Maintenance, Inc., was the lowest responsive and responsible bidder.

The City’s “Change Order Approval Policy” enacted by Council Resolution No. 1994-443 on July 19, 1994, revised on July 9, 2019, by Council Resolution No. 2019-326, and revised a second time on September 12, 2023, by Council Resolution No. 2023-405 established a Contract Change Order authority of 10% for Construction Contracts 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% ($233,821) of the Construction Contract amount of $2,338,210. Therefore, staff is requesting that the Director’s authority to issue change orders be increased to 20% ($467,642) of the Construction Contract amount.

While the contingency policy is utilized for each Construction Contract awarded by the City, it is not written into the contract, nor is it a guaranteed amount included in the final compensation to the contractor.

FISCAL IMPACT:

The total estimated cost for the Construction Phase of this Project is $3,189,673. Expenses associated with this effort are housed in the following Capital Improvement Program Project:
101331 – Coffee Road Water Main Upgrade

ANTICIPATED CONSTRUCTION EXPENDITURES
Construction Contract – United Pavement Maintenance, Inc. $2,338,210 Construction Contingency (20%) $467,642
Construction Administration – City Staff (10%) $233,821 #28..
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City Council Meeting, April 8, 2025
Construction Contract with United Pavement Maintenance, Inc.

Coffee Road Strengthen & Replace Water Mains Project

City Construction Forces $50,000
Engineering/Design/Administration – City Staff $100,000 TOTAL $3,189,673
To fund the Coffee Road Strengthen & Replace Water Mains Project, a budget adjustment in the amount of $2,040,000 from Water Fund Reserves will be necessary.

COMMITTEE RECOMMENDATION
This item was considered by the Economic Development Committee at the meeting held on January 22, 2025, 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 Coffee Road Strengthen & Replace Water Mains Project, accepting the Bid and awarding a Construction Contract to United Pavement Maintenance Inc., of Hughson, CA in the amount of $2,338,210, authorizing the Director of Engineering Services to approve Change Orders up to the cumulative amount of $467,642, 20% of the original contract price, for a total payment amount not to exceed $2,805,852 and authorizing the City Manager, or his designee, to execute the Contract.

Resolution amending the Fiscal Year 2024-25 Capital Improvement Program Budget in the amount of $2,040,000 to fund the Construction Phase of the Coffee Road Strengthen & Replace Water Mains 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 (2)

2. Construction Contract – United Pavement Maintenance, Inc.

3. Bid Results
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4/8/2025/Utilities/EVargas/Item X 1 2025-XX

MODESTO CITY COUNCIL
RESOLUTION NO. 2025-XX

RESOLUTION APPROVING THE PLANS AND SPECIFICATIONS FOR THE

COFFEE ROAD STRENGTHEN & REPLACE WATER MAINS PROJECT,

ACCEPTING THE BID AND AWARDING A CONSTRUCTION CONTRACT TO UNITED PAVEMENT MAINTENANCE INC., OF HUGHSON, CA IN THE AMOUNT OF $2,338,210, AUTHORIZING THE DIRECTOR OF ENGINEERING

SERVICES TO APPROVE CHANGE ORDERS UP TO THE CUMULATIVE
AMOUNT OF $467,642, 20% OF THE ORIGINAL CONTRACT PRICE, FOR A TOTAL PAYMENT AMOUNT NOT TO EXCEED $2,805,852 AND

AUTHORIZING THE CITY MANAGER, OR HIS DESIGNEE, TO EXECUTE

THE CONTRACT
WHEREAS, the existing water mains along Coffee Road, from East Fairmont Avenue to Brighton Avenue and in the surrounding area are aging, undersized steel mains which are prone to leaks and low water pressure, and
WHEREAS, this project will upgrade approximately 6,455 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 January 16, 2025, and WHEREAS, on February 25, 2025, bids were publicly opened, pursuant to City Charter Section 1307, and nine bids were received, and
WHEREAS, United Pavement Maintenance, Inc., of Hughson, 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
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4/8/2025/Utilities/EVargas/Item X 2 2025-XX
WHEREAS, the award of a Contract for the construction of the Coffee Road Strengthen & Replace Water Mains Project to United Pavement Maintenance, Inc., of Hughson, CA, conforms to the Modesto Municipal Code because the City complied with the formal bid procedures and United Pavement Maintenance, Inc. was the lowest responsive and responsible bidder.

NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Modesto that it hereby approves the plans and specifications for the Coffee Road Strengthen & Replace Water Mains Project, accepts the bid of $2,338,210, authorizes the Director of Engineering Services to approve Change Orders up to the cumulative amount of $467,642, 20% of the original Contract price, for a total payment amount not to exceed $2,805,852, and awards a Construction Contract to United Pavement Maintenance, Inc., of Hughson, 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. #28..
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4/8/2025/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 8th day of April 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
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4/8/2025/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 $2,040,000 TO

FUND THE CONSTRUCTION PHASE OF THE COFFEE ROAD STRENGTHEN & REPLACE WATER MAINS PROJECT AND AUTHORIZING THE CITY

MANAGER, OR HIS DESIGNEE, TO IMPLEMENT THE PROVISION OF THE

RESOLUTION
WHEREAS, certain budgetary transactions are necessary in the amount of $2,040,000, in order to fund the Coffee Road Strengthen & Replace Water Mains 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 $2,040,000.

BE IT FURTHER RESOLVED that the City Manager, or his designee, is hereby authorized to implement the provisions of this resolution. #28..
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4/8/2025/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 8th day of April 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
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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 United Pavement Maintenance, 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 COFFEE ROAD STRENGTH & REPLACE WATER MAINS project and directed the City Clerk to advertise for sealed bids for doing said work and providing that bids be submitted on the on the 25th day of February 2025; 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.

NOW, THEREFORE, the parties hereto mutually agree as follows:
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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 COFFEE ROAD STRENGTHEN & REPLACE WATER MAINS, City of Modesto, Utilities Department, Project Number 2025-08, 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 $106,770.00 $106,770.00 2 Water Pollution Control Plan
(WPCP)
LS 1 $19,042.00 $19,042.00
3 Traffic Control/Handling, Signage,
and Permitting
LS 1 $51,000.00 $51,000.00
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4 Sawcut and Pavement Removal LS 1 $33,425.00 $33,425.00 5 Shoring, Bracing, and Sheeting LS 1 $10,000.00 $10,000.00 6 Restore Traffic Striping, Markings,
and Signage
LS 1 $29,925.00 $29,925.00
7 Potholing LS 1 $30,758.00 $30,758.00
8 Abandonment of Water Mains,
Valves, and Services
LS 1 $60,025.00 $60,025.00
9 10-inch PVC Pipe (DR18) LF 1,480 $174.00 $257,520.00
10 10-inch Gate Valve EA 13 $3,890.00 $50,570.00
11 8-inch PVC Pipe (DR18) LF 2,725 $137.00 $373,325.00
12 8-inch PVC Pipe (DR14) LF 970 $160.00 $155,200.00
13 8-inch Gate Valve EA 26 $2,590.00 $67,340.00
14 6-inch PVC Pipe (DR18) LF 875 $113.00 $98,875.00
15 6-inch Gate Valve (Non-Hydrant) EA 2 $1,842.00 $3,684.00 16 4-inch PVC Pipe (DR18) LF 320 $104.00 $33,280.00
17 4-inch PVC Pipe (DR14) LF 85 $109.00 $9,265.00
18 4-inch Gate Valve EA 4 $1,445.00 $5,780.00
19 Fire Hydrant Assembly (including
6-inch Gate Valve)
EA 20 $11,636.00 $232,720.00
20 Remove, Dispose, and Abandon
Existing Fire Hydrant Assembly
EA 13 $1,356.00 $17,628.00
21 1-inch Water Service (including
Meter Box)
EA 102 $2,378.00 $242,556.00
22 2-inch Water Service (including
Meter Box)
EA 5 $4,352.00 $21,760.00
23 Underground Boring of Water
Services (On Private Property)
LF 2,440 $32.00 $78,080.00
24 Water Service Reconnection (On
Private Property)
EA 59 $833.00 $49,147.00
25 Curb and Gutter Replacement LF 295 $85.00 $25,075.00 26 Sidewalk Replacement SF 1,105 $22.00 $24,310.00
27 Hot Mix Asphalt TON 695 $270.00 $187,650.00
28 Class II Aggregate Base CY 1,270 $50.00 $63,500.00
TOTAL BID $2,338,210.00
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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), #28..
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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.
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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.
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7 City of Modesto
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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 #28..
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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 #28..
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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 #28..
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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 #28..
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11 City of Modesto
Coffee Road
Strengthen & Replace Water Mains
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: United Pavement Maintenance, Inc.

Attn: Rodolfo Ruvalcaba, President
PO Box 1017
Hughson, CA 95326
Phone (209) 883-4345, Fax (209) 542-7069
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. #28..
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12 City of Modesto
Coffee Road
Strengthen & Replace Water Mains

14. MISCELLANEOUS. Time is of the essence of this Agreement. #28..
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13 City of Modesto
Coffee Road
Strengthen & Replace Water Mains
IN WITNESS WHEREOF, the City of Modesto, a municipal corporation, has authorized the execution of this Agreement by its City Manager and attestation by its City Clerk under authority of Resolution No. 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, UNITED PAVEMENT MAINTENANCE, INC.,
A California municipal corporation An 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
#28..
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City of Modesto
Coffee Road
Strengthen & Replace Water Mains
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. #28..
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City of Modesto
Coffee Road
Strengthen & Replace Water Mains
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. #28..
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City of Modesto
Coffee Road
Strengthen & Replace Water Mains
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. #28..
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City of Modesto
Coffee Road
Strengthen & Replace Water Mains
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
#28..
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Bid Tabulation Wednesday, February 26, 2025
Project Title: Coffee Road Strengthen & Replace Water Mains Project Project ID #: 2025-08
Account #: 101331
Vault ID #: 08-D-1029
Bid Opening: 2/25/2025 at 11:00 AM
Basis of Award: By Base Bid Designer: Edgar Vargas
Design Manager: Edgar Vargas
Project Description: This project will provide funding to replace approximately 6,455 LF of aged existing water mains within the Coffee Road Area generally bounded by Ramona Avenue on the East, Briggsmore Avenue on the North, Coffee Road on the West, and Locke Road on the South. Existing water mains in this 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 hydrants to improve system reliability, flows and pressures.

Item # Item Description Units Quantity Unit Price Extension Apparent Low Bidder
United Pavement Maintenance Inc.
(209) 883-4345 PO Box 1017, Hughson, CA 95326
Base Bid
1 Mobilization/Demobilization LS 1 $106,770.00 $106,770.00 2 Water Pollution Control Plan (WPCP) LS 1 $19,042.00 $19,042.00 3 Traffic Control/Handling, Signage, and LS 1 $51,000.00 $51,000.00 Permitting
4 Sawcut and Pavement Removal LS 1 $33,425.00 $33,425.00 5 Shoring, Bracing, and Sheeting LS 1 $10,000.00 $10,000.00 6 Restore Traffic Striping, Markings, and LS 1 $29,925.00 $29,925.00 Signage
7 Potholing LS 1 $30,758.00 $30,758.00
8 Abandonment of Water Mains, Valves, and LS 1 $60,025.00 $60,025.00 Services
9 10-in PVC Pipe (DR18) LF 1480 $174.00 $257,520.00
10 10-in Gate Valve EA 13 $3,890.00 $50,570.00
11 8-in PVC Pipe (DR18) LF 2725 $137.00 $373,325.00
12 8-in PVC Pipe (DR14) LF 970 $160.00 $155,200.00
13 8-in Gate Valve EA 26 $2,590.00 $67,340.00
14 6-in PVC Pipe (DR18) LF 875 $113.00 $98,875.00
15 6-in Gate Valve (Non Hydrant) EA 2 $1,842.00 $3,684.00 16 4-in PVC Pipe (DR18) LF 320 $104.00 $33,280.00
17 4-in PVC Pipe (DR14) LF 85 $109.00 $9,265.00
18 4-in Gate Valve EA 4 $1,445.00 $5,780.00
19 Fire Hydrant Assembly (Including 6-inch EA 20 $11,636.00 $232,720.00 Gate Valve)
20 Remove, Abandon, and Dispose Existing EA 13 $1,356.00 $17,628.00 Fire Hydrant Assembly
21 1-in Water Service (Including Meter Box) EA 102 $2,378.00 $242,556.00 #28..
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22 2-in Water Service (Including Meter Box) EA 5 $4,352.00 $21,760.00 23 Underground Boring of Water Services (On LF 2440 $32.00 $78,080.00 Private Property)
24 Water Service Reconnection (On Private EA 59 $833.00 $49,147.00 Property)
25 Curb and Gutter Replacement LF 295 $85.00 $25,075.00 26 Sidewalk Replacement SF 1105 $22.00 $24,310.00
27 Hot Mix Asphalt TON 695 $270.00 $187,650.00
28 Class II Aggregate Base CY 1270 $50.00 $63,500.00
Total: $2,338,210.00
Percent From Engineer's Estimate: -4.00%
Rolfe Construction
(209) 358-5548 3573 Southern Pacific Ave., Atwater, CA 95301 Base Bid
1 Mobilization/Demobilization LS 1 $122,404.00 $122,404.00 2 Water Pollution Control Plan (WPCP) LS 1 $25,664.00 $25,664.00 3 Traffic Control/Handling, Signage, and LS 1 $25,860.00 $25,860.00 Permitting
4 Sawcut and Pavement Removal LS 1 $29,380.00 $29,380.00 5 Shoring, Bracing, and Sheeting LS 1 $14,404.00 $14,404.00 6 Restore Traffic Striping, Markings, and LS 1 $33,353.00 $33,353.00 Signage
7 Potholing LS 1 $24,284.00 $24,284.00
8 Abandonment of Water Mains, Valves, and LS 1 $78,260.00 $78,260.00 Services
9 10-in PVC Pipe (DR18) LF 1480 $120.00 $177,600.00
10 10-in Gate Valve EA 13 $4,129.00 $53,677.00
11 8-in PVC Pipe (DR18) LF 2725 $97.00 $264,325.00
12 8-in PVC Pipe (DR14) LF 970 $87.00 $84,390.00
13 8-in Gate Valve EA 26 $2,603.00 $67,678.00
14 6-in PVC Pipe (DR18) LF 875 $83.00 $72,625.00
15 6-in Gate Valve (Non Hydrant) EA 2 $2,226.00 $4,452.00 16 4-in PVC Pipe (DR18) LF 320 $122.00 $39,040.00
17 4-in PVC Pipe (DR14) LF 85 $171.00 $14,535.00
18 4-in Gate Valve EA 4 $1,517.00 $6,068.00
19 Fire Hydrant Assembly (Including 6-inch EA 20 $15,323.00 $306,460.00 Gate Valve)
20 Remove, Abandon, and Dispose Existing EA 13 $1,566.00 $20,358.00 Fire Hydrant Assembly
21 1-in Water Service (Including Meter Box) EA 102 $2,120.00 $216,240.00 22 2-in Water Service (Including Meter Box) EA 5 $7,853.00 $39,265.00 23 Underground Boring of Water Services (On LF 2440 $105.00 $256,200.00 Private Property)
24 Water Service Reconnection (On Private EA 59 $1,056.00 $62,304.00 Property)
25 Curb and Gutter Replacement LF 295 $115.00 $33,925.00 26 Sidewalk Replacement SF 1105 $27.00 $29,835.00
27 Hot Mix Asphalt TON 695 $200.00 $139,000.00
28 Class II Aggregate Base CY 1270 $80.00 $101,600.00
Total: $2,343,186.00
Percent From Engineer's Estimate: -3.80%
#28..
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D. A. Wood Construction Inc.
(209) 491-4970 693 Shepard Court, Oakdale, CA 95361
Base Bid
1 Mobilization/Demobilization LS 1 $42,000.00 $42,000.00 2 Water Pollution Control Plan (WPCP) LS 1 $35,000.00 $35,000.00 3 Traffic Control/Handling, Signage, and LS 1 $30,000.00 $30,000.00 Permitting
4 Sawcut and Pavement Removal LS 1 $8,500.00 $8,500.00
5 Shoring, Bracing, and Sheeting LS 1 $5,000.00 $5,000.00 6 Restore Traffic Striping, Markings, and LS 1 $26,000.00 $26,000.00 Signage
7 Potholing LS 1 $35,000.00 $35,000.00
8 Abandonment of Water Mains, Valves, and LS 1 $70,000.00 $70,000.00 Services
9 10-in PVC Pipe (DR18) LF 1480 $155.00 $229,400.00
10 10-in Gate Valve EA 13 $5,400.00 $70,200.00
11 8-in PVC Pipe (DR18) LF 2725 $92.00 $250,700.00
12 8-in PVC Pipe (DR14) LF 970 $129.00 $125,130.00
13 8-in Gate Valve EA 26 $3,385.00 $88,010.00
14 6-in PVC Pipe (DR18) LF 875 $213.00 $186,375.00
15 6-in Gate Valve (Non Hydrant) EA 2 $2,780.00 $5,560.00 16 4-in PVC Pipe (DR18) LF 320 $106.00 $33,920.00
17 4-in PVC Pipe (DR14) LF 85 $350.00 $29,750.00
18 4-in Gate Valve EA 4 $2,215.00 $8,860.00
19 Fire Hydrant Assembly (Including 6-inch EA 20 $8,225.00 $164,500.00 Gate Valve)
20 Remove, Abandon, and Dispose Existing EA 13 $350.00 $4,550.00 Fire Hydrant Assembly
21 1-in Water Service (Including Meter Box) EA 102 $3,110.00 $317,220.00 22 2-in Water Service (Including Meter Box) EA 5 $5,220.00 $26,100.00 23 Underground Boring of Water Services (On LF 2440 $124.00 $302,560.00 Private Property)
24 Water Service Reconnection (On Private EA 59 $560.00 $33,040.00 Property)
25 Curb and Gutter Replacement LF 295 $80.00 $23,600.00 26 Sidewalk Replacement SF 1105 $20.00 $22,100.00
27 Hot Mix Asphalt TON 695 $375.00 $260,625.00
28 Class II Aggregate Base CY 1270 $30.00 $38,100.00
Total: $2,471,800.00
Percent From Engineer's Estimate: 1.48%
Soracco, Inc.
(209) 267-4030 903 E Lodi Ave, Lodi, CA 95240
Base Bid
1 Mobilization/Demobilization LS 1 $140,606.00 $140,606.00 2 Water Pollution Control Plan (WPCP) LS 1 $15,340.00 $15,340.00 3 Traffic Control/Handling, Signage, and LS 1 $88,500.00 $88,500.00 Permitting
4 Sawcut and Pavement Removal LS 1 $21,600.00 $21,600.00 5 Shoring, Bracing, and Sheeting LS 1 $27,600.00 $27,600.00 6 Restore Traffic Striping, Markings, and LS 1 $29,000.00 $29,000.00 Signage
7 Potholing LS 1 $36,000.00 $36,000.00
#28..
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8 Abandonment of Water Mains, Valves, and LS 1 $54,000.00 $54,000.00 Services
9 10-in PVC Pipe (DR18) LF 1480 $156.00 $230,880.00
10 10-in Gate Valve EA 13 $8,320.00 $108,160.00
11 8-in PVC Pipe (DR18) LF 2725 $144.00 $392,400.00
12 8-in PVC Pipe (DR14) LF 970 $154.00 $149,380.00
13 8-in Gate Valve EA 26 $2,640.00 $68,640.00
14 6-in PVC Pipe (DR18) LF 875 $132.00 $115,500.00
15 6-in Gate Valve (Non Hydrant) EA 2 $2,160.00 $4,320.00 16 4-in PVC Pipe (DR18) LF 320 $120.00 $38,400.00
17 4-in PVC Pipe (DR14) LF 85 $180.00 $15,300.00
18 4-in Gate Valve EA 4 $1,800.00 $7,200.00
19 Fire Hydrant Assembly (Including 6-inch EA 20 $13,200.00 $264,000.00 Gate Valve)
20 Remove, Abandon, and Dispose Existing EA 13 $2,004.00 $26,052.00 Fire Hydrant Assembly
21 1-in Water Service (Including Meter Box) EA 102 $2,520.00 $257,040.00 22 2-in Water Service (Including Meter Box) EA 5 $4,680.00 $23,400.00 23 Underground Boring of Water Services (On LF 2440 $54.00 $131,760.00 Private Property)
24 Water Service Reconnection (On Private EA 59 $960.00 $56,640.00 Property)
25 Curb and Gutter Replacement LF 295 $81.40 $24,013.00 26 Sidewalk Replacement SF 1105 $19.80 $21,879.00
27 Hot Mix Asphalt TON 695 $276.00 $191,820.00
28 Class II Aggregate Base CY 1270 $84.00 $106,680.00
Total: $2,646,110.00
Percent From Engineer's Estimate: 8.64%
Mid Cal Pipeline & Utilities, Inc.
(209) 383-7473 P.O. Box 2406, Merced, CA 95341
Base Bid
1 Mobilization/Demobilization LS 1 $100,000.00 $100,000.00 2 Water Pollution Control Plan (WPCP) LS 1 $20,000.00 $20,000.00 3 Traffic Control/Handling, Signage, and LS 1 $65,000.00 $65,000.00 Permitting
4 Sawcut and Pavement Removal LS 1 $100,000.00 $100,000.00 5 Shoring, Bracing, and Sheeting LS 1 $25,000.00 $25,000.00 6 Restore Traffic Striping, Markings, and LS 1 $35,000.00 $35,000.00 Signage
7 Potholing LS 1 $45,000.00 $45,000.00
8 Abandonment of Water Mains, Valves, and LS 1 $75,000.00 $75,000.00 Services
9 10-in PVC Pipe (DR18) LF 1480 $140.00 $207,200.00
10 10-in Gate Valve EA 13 $4,000.00 $52,000.00
11 8-in PVC Pipe (DR18) LF 2725 $110.00 $299,750.00
12 8-in PVC Pipe (DR14) LF 970 $130.00 $126,100.00
13 8-in Gate Valve EA 26 $2,500.00 $65,000.00
14 6-in PVC Pipe (DR18) LF 875 $200.00 $175,000.00
15 6-in Gate Valve (Non Hydrant) EA 2 $2,000.00 $4,000.00 16 4-in PVC Pipe (DR18) LF 320 $100.00 $32,000.00
17 4-in PVC Pipe (DR14) LF 85 $110.00 $9,350.00
18 4-in Gate Valve EA 4 $1,700.00 $6,800.00
19 Fire Hydrant Assembly (Including 6-inch EA 20 $12,000.00 $240,000.00 #28..
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Gate Valve)
20 Remove, Abandon, and Dispose Existing EA 13 $2,000.00 $26,000.00 Fire Hydrant Assembly
21 1-in Water Service (Including Meter Box) EA 102 $2,200.00 $224,400.00 22 2-in Water Service (Including Meter Box) EA 5 $5,000.00 $25,000.00 23 Underground Boring of Water Services (On LF 2440 $50.00 $122,000.00 Private Property)
24 Water Service Reconnection (On Private EA 59 $800.00 $47,200.00 Property)
25 Curb and Gutter Replacement LF 295 $350.00 $103,250.00 26 Sidewalk Replacement SF 1105 $80.00 $88,400.00
27 Hot Mix Asphalt TON 695 $290.00 $201,550.00
28 Class II Aggregate Base CY 1270 $100.00 $127,000.00
Total: $2,647,000.00
Percent From Engineer's Estimate: 8.68%
DSS Company dba Knife River Construction
(209) 948-0302 P.O. Box 6099, Stockton, CA 95206
Base Bid
1 Mobilization/Demobilization LS 1 $166,500.00 $166,500.00 2 Water Pollution Control Plan (WPCP) LS 1 $68,500.00 $68,500.00 3 Traffic Control/Handling, Signage, and LS 1 $125,495.00 $125,495.00 Permitting
4 Sawcut and Pavement Removal LS 1 $39,000.00 $39,000.00 5 Shoring, Bracing, and Sheeting LS 1 $36,000.00 $36,000.00 6 Restore Traffic Striping, Markings, and LS 1 $43,210.00 $43,210.00 Signage
7 Potholing LS 1 $68,250.00 $68,250.00
8 Abandonment of Water Mains, Valves, and LS 1 $172,000.00 $172,000.00 Services
9 10-in PVC Pipe (DR18) LF 1480 $183.00 $270,840.00
10 10-in Gate Valve EA 13 $4,500.00 $58,500.00
11 8-in PVC Pipe (DR18) LF 2725 $144.00 $392,400.00
12 8-in PVC Pipe (DR14) LF 970 $136.00 $131,920.00
13 8-in Gate Valve EA 26 $3,100.00 $80,600.00
14 6-in PVC Pipe (DR18) LF 875 $247.00 $216,125.00
15 6-in Gate Valve (Non Hydrant) EA 2 $2,600.00 $5,200.00 16 4-in PVC Pipe (DR18) LF 320 $278.00 $88,960.00
17 4-in PVC Pipe (DR14) LF 85 $224.00 $19,040.00
18 4-in Gate Valve EA 4 $2,300.00 $9,200.00
19 Fire Hydrant Assembly (Including 6-inch EA 20 $7,600.00 $152,000.00 Gate Valve)
20 Remove, Abandon, and Dispose Existing EA 13 $1,200.00 $15,600.00 Fire Hydrant Assembly
21 1-in Water Service (Including Meter Box) EA 102 $3,000.00 $306,000.00 22 2-in Water Service (Including Meter Box) EA 5 $4,700.00 $23,500.00 23 Underground Boring of Water Services (On LF 2440 $38.00 $92,720.00 Private Property)
24 Water Service Reconnection (On Private EA 59 $492.00 $29,028.00 Property)
25 Curb and Gutter Replacement LF 295 $100.00 $29,500.00 26 Sidewalk Replacement SF 1105 $18.00 $19,890.00
27 Hot Mix Asphalt TON 695 $253.00 $175,835.00
28 Class II Aggregate Base CY 1270 $55.00 $69,850.00
#28..
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Total: $2,905,663.00
Percent From Engineer's Estimate: 19.30%
Flowline Contractors, Inc.
(916) 383-7525 6560 Asher Lane, Sacramento, CA 95828
Base Bid
1 Mobilization/Demobilization LS 1 $36,457.00 $36,457.00 2 Water Pollution Control Plan (WPCP) LS 1 $10,633.00 $10,633.00 3 Traffic Control/Handling, Signage, and LS 1 $72,654.00 $72,654.00 Permitting
4 Sawcut and Pavement Removal LS 1 $56,113.00 $56,113.00 5 Shoring, Bracing, and Sheeting LS 1 $22,825.00 $22,825.00 6 Restore Traffic Striping, Markings, and LS 1 $30,019.00 $30,019.00 Signage
7 Potholing LS 1 $141,246.00 $141,246.00
8 Abandonment of Water Mains, Valves, and LS 1 $100,826.00 $100,826.00 Services
9 10-in PVC Pipe (DR18) LF 1480 $204.00 $301,920.00
10 10-in Gate Valve EA 13 $4,626.00 $60,138.00
11 8-in PVC Pipe (DR18) LF 2725 $158.00 $430,550.00
12 8-in PVC Pipe (DR14) LF 970 $163.00 $158,110.00
13 8-in Gate Valve EA 26 $3,234.00 $84,084.00
14 6-in PVC Pipe (DR18) LF 875 $242.00 $211,750.00
15 6-in Gate Valve (Non Hydrant) EA 2 $2,591.00 $5,182.00 16 4-in PVC Pipe (DR18) LF 320 $318.00 $101,760.00
17 4-in PVC Pipe (DR14) LF 85 $207.00 $17,595.00
18 4-in Gate Valve EA 4 $2,141.00 $8,564.00
19 Fire Hydrant Assembly (Including 6-inch EA 20 $8,880.00 $177,600.00 Gate Valve)
20 Remove, Abandon, and Dispose Existing EA 13 $2,318.00 $30,134.00 Fire Hydrant Assembly
21 1-in Water Service (Including Meter Box) EA 102 $3,558.00 $362,916.00 22 2-in Water Service (Including Meter Box) EA 5 $9,630.00 $48,150.00 23 Underground Boring of Water Services (On LF 2440 $34.00 $82,960.00 Private Property)
24 Water Service Reconnection (On Private EA 59 $681.00 $40,179.00 Property)
25 Curb and Gutter Replacement LF 295 $127.00 $37,465.00 26 Sidewalk Replacement SF 1105 $55.00 $60,775.00
27 Hot Mix Asphalt TON 695 $299.00 $207,805.00
28 Class II Aggregate Base CY 1270 $115.00 $146,050.00
Total: $3,044,460.00
Percent From Engineer's Estimate: 25.00%
Mozingo Construction
(209) 848-0160 751 Wakefield Court, Oakdale, CA 95361
Base Bid
1 Mobilization/Demobilization LS 1 $65,000.00 $65,000.00 2 Water Pollution Control Plan (WPCP) LS 1 $25,000.00 $25,000.00 3 Traffic Control/Handling, Signage, and LS 1 $75,229.00 $75,229.00 Permitting
4 Sawcut and Pavement Removal LS 1 $26,000.00 $26,000.00 5 Shoring, Bracing, and Sheeting LS 1 $112,000.00 $112,000.00 6 Restore Traffic Striping, Markings, and LS 1 $56,000.00 $56,000.00 #28..
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Signage
7 Potholing LS 1 $128,000.00 $128,000.00
8 Abandonment of Water Mains, Valves, and LS 1 $160,000.00 $160,000.00 Services
9 10-in PVC Pipe (DR18) LF 1480 $200.00 $296,000.00
10 10-in Gate Valve EA 13 $4,800.00 $62,400.00
11 8-in PVC Pipe (DR18) LF 2725 $139.00 $378,775.00
12 8-in PVC Pipe (DR14) LF 970 $142.00 $137,740.00
13 8-in Gate Valve EA 26 $3,600.00 $93,600.00
14 6-in PVC Pipe (DR18) LF 875 $260.00 $227,500.00
15 6-in Gate Valve (Non Hydrant) EA 2 $3,000.00 $6,000.00 16 4-in PVC Pipe (DR18) LF 320 $112.00 $35,840.00
17 4-in PVC Pipe (DR14) LF 85 $175.00 $14,875.00
18 4-in Gate Valve EA 4 $2,600.00 $10,400.00
19 Fire Hydrant Assembly (Including 6-inch EA 20 $11,000.00 $220,000.00 Gate Valve)
20 Remove, Abandon, and Dispose Existing EA 13 $1,500.00 $19,500.00 Fire Hydrant Assembly
21 1-in Water Service (Including Meter Box) EA 102 $4,533.00 $462,366.00 22 2-in Water Service (Including Meter Box) EA 5 $15,000.00 $75,000.00 23 Underground Boring of Water Services (On LF 2440 $55.00 $134,200.00 Private Property)
24 Water Service Reconnection (On Private EA 59 $1,200.00 $70,800.00 Property)
25 Curb and Gutter Replacement LF 295 $150.00 $44,250.00 26 Sidewalk Replacement SF 1105 $35.00 $38,675.00
27 Hot Mix Asphalt TON 695 $554.00 $385,030.00
28 Class II Aggregate Base CY 1270 $10.00 $12,700.00
Total: $3,372,880.00
Percent From Engineer's Estimate: 38.48%
West Valley Construction Co Inc
(408) 371-5510 PO Box 5639, San Jose, CA 95150
Base Bid
1 Mobilization/Demobilization LS 1 $45,000.00 $45,000.00 2 Water Pollution Control Plan (WPCP) LS 1 $17,800.00 $17,800.00 3 Traffic Control/Handling, Signage, and LS 1 $348,000.00 $348,000.00 Permitting
4 Sawcut and Pavement Removal LS 1 $53,000.00 $53,000.00 5 Shoring, Bracing, and Sheeting LS 1 $18,800.00 $18,800.00 6 Restore Traffic Striping, Markings, and LS 1 $28,500.00 $28,500.00 Signage
7 Potholing LS 1 $146,500.00 $146,500.00
8 Abandonment of Water Mains, Valves, and LS 1 $94,600.00 $94,600.00 Services
9 10-in PVC Pipe (DR18) LF 1480 $175.00 $259,000.00
10 10-in Gate Valve EA 13 $4,800.00 $62,400.00
11 8-in PVC Pipe (DR18) LF 2725 $135.00 $367,875.00
12 8-in PVC Pipe (DR14) LF 970 $110.00 $106,700.00
13 8-in Gate Valve EA 26 $3,250.00 $84,500.00
14 6-in PVC Pipe (DR18) LF 875 $325.00 $284,375.00
15 6-in Gate Valve (Non Hydrant) EA 2 $2,650.00 $5,300.00 16 4-in PVC Pipe (DR18) LF 320 $300.00 $96,000.00
17 4-in PVC Pipe (DR14) LF 85 $135.00 $11,475.00
#28..
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18 4-in Gate Valve EA 4 $2,425.00 $9,700.00
19 Fire Hydrant Assembly (Including 6-inch EA 20 $9,350.00 $187,000.00 Gate Valve)
20 Remove, Abandon, and Dispose Existing EA 13 $3,500.00 $45,500.00 Fire Hydrant Assembly
21 1-in Water Service (Including Meter Box) EA 102 $3,000.00 $306,000.00 22 2-in Water Service (Including Meter Box) EA 5 $7,850.00 $39,250.00 23 Underground Boring of Water Services (On LF 2440 $45.00 $109,800.00 Private Property)
24 Water Service Reconnection (On Private EA 59 $1,350.00 $79,650.00 Property)
25 Curb and Gutter Replacement LF 295 $230.00 $67,850.00 26 Sidewalk Replacement SF 1105 $45.00 $49,725.00
27 Hot Mix Asphalt TON 695 $555.00 $385,725.00
28 Class II Aggregate Base CY 1270 $67.50 $85,725.00
Total: $3,395,750.00
Percent From Engineer's Estimate: 39.42%
Engineer's Estimate
Base Bid
1 Mobilization/Demobilization LS 1 $50,000.00 $50,000.00 2 Water Pollution Control Plan (WPCP) LS 1 $10,000.00 $10,000.00 3 Traffic Control/Handling, Signage, and LS 1 $20,000.00 $20,000.00 Permitting
4 Sawcut and Pavement Removal LS 1 $16,700.00 $16,700.00 5 Shoring, Bracing, and Sheeting LS 1 $7,500.00 $7,500.00 6 Restore Traffic Striping, Markings, and LS 1 $8,000.00 $8,000.00 Signage
7 Potholing LS 1 $15,000.00 $15,000.00
8 Abandonment of Water Mains, Valves, and LS 1 $35,000.00 $35,000.00 Services
9 10-in PVC Pipe (DR18) LF 1480 $170.00 $251,600.00
10 10-in Gate Valve EA 13 $3,500.00 $45,500.00
11 8-in PVC Pipe (DR18) LF 2725 $140.00 $381,500.00
12 8-in PVC Pipe (DR14) LF 970 $150.00 $145,500.00
13 8-in Gate Valve EA 26 $3,000.00 $78,000.00
14 6-in PVC Pipe (DR18) LF 875 $120.00 $105,000.00
15 6-in Gate Valve (Non Hydrant) EA 2 $2,500.00 $5,000.00 16 4-in PVC Pipe (DR18) LF 320 $110.00 $35,200.00
17 4-in PVC Pipe (DR14) LF 85 $120.00 $10,200.00
18 4-in Gate Valve EA 4 $2,000.00 $8,000.00
19 Fire Hydrant Assembly (Including 6-inch EA 20 $9,000.00 $180,000.00 Gate Valve)
20 Remove, Abandon, and Dispose Existing EA 13 $2,500.00 $32,500.00 Fire Hydrant Assembly
21 1-in Water Service (Including Meter Box) EA 102 $2,500.00 $255,000.00 22 2-in Water Service (Including Meter Box) EA 5 $3,500.00 $17,500.00 23 Underground Boring of Water Services (On LF 2440 $50.00 $122,000.00 Private Property)
24 Water Service Reconnection (On Private EA 59 $800.00 $47,200.00 Property)
25 Curb and Gutter Replacement LF 295 $150.00 $44,250.00 26 Sidewalk Replacement SF 1105 $100.00 $110,500.00
27 Hot Mix Asphalt TON 695 $300.00 $208,500.00
#28..
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28 Class II Aggregate Base CY 1270 $150.00 $190,500.00
Total: $2,435,650.00

#28..
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CITY OF MODESTO

COUNCIL AGENDA REPORT
DATE OF MEETING:

April 8, 2025
Date: February 25, 2025
TO: Mayor and City Council
THROUGH: Joseph P. Lopez, City Manager
FROM: Jessica Hill, Director, Community and Economic Development SUBJECT: 2800 Sisk Road; Rezone from Planned Development Zone P-D (179) to Mixed Use Highway (MU-H) Zone
CONTACT: Edwin Borquez, Associate Planner, [email protected] , 209-571-5516 DESCRIPTION:

Hearing to consider approving a proposed rezone from Planned Development Zone P-D (179) to Mixed Use Highway (MU-H) Zone, on property located at 2800 Sisk Road (Assessor Parcel Number 005-037-025). (Funding Source: Application Fee)
STRATEGIC PLAN ELEMENT:

This item is consistent with the 2020-2025 Strategic Plan’s Area of Focus: Economic Vitality, Goal III.B, Quality of Life. Policy III.B.1, Infill Incentives. Approval of the Rezone will allow for a more diverse number of permitted land uses, which in turn will drive economic vitality.

BACKGROUND:

The property is 5.3 acres and developed with a retail hardware store (former Orchard Supply Hardware ) and associated off-street parking. The property was originally rezoned from Low Density Residential (R-1) and Highway Frontage (H-1) Zone (a designation now more closely aligned with the Highway Commercial (C-3) Zone), to its current Planned Development Zone P-D (179) on February 6, 1978, by City Council Ordinance 1708-CS and Resolution No. 78- 161.

The Planned Development Zone P-D (179) allows for the following land uses:

1. A hardware, farm supply, and home improvement center.

2. An off-street parking area.

In November 2018, Orchard Supply Hardware closed. Due to the limited permitted land uses of the P-D Zone, the building has remained vacant and unoccupied. This has resulted in various Code Enforcement issues and difficulties maintaining the property. #29..
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City Council, April 8, 2025
2800 Sisk Road; Rezone from Planned Development Zone P-D (179) to Mixed Use Highway (MU-H) Zone

No new development is proposed at this time. However, the rezone would allow for various uses as permitted by the Mixed-Use Highway (MU-H) Zone.

DISCUSSION:

The Mixed-Use Highway (MU-H) Zone is intended to promote and guide the development of Highway Commercial (C-3) uses as well as multi-family residential development on infill lots or portions of lots in areas that are currently developed with General Commercial or Highway Commercial uses. The MU-H zone is intended for areas located adjacent to streets that are more than two (2) travel lanes in each direction. The MU-H Zone allows the same uses as the Highway Commercial (C-3) Zone, but also allows multi-family residential. The allowable density for multifamily residential development is 22 to 45 dwelling units per acre.

Zone Change Findings
(a) The requested change will not be detrimental to the public health, safety, or welfare.

The rezoning of 5.3 acres (south of W. Rumble Road and east of Sisk Road and California State Route 99) from Planned Development Zone P-D (179) to Mixed Use Highway (MU-H) will not be detrimental to the public health, safety, or welfare, as the rezone would allow for uses compatible with existing commercial and multifamily residential uses to the north, east, and south of the project site. (b) The requested change will result in an orderly planned use of land.

The rezone will allow for redevelopment of the site for uses as permitted by the Mixed-Use Highway (MU-H) zone, including Highway Commercial (C-3) Zone uses and multi-family development at densities consistent with the Medium-High Density Residential (R-3) Zone.
(c) The requested change is in accordance with the community’s objectives as set forth in the General Plan and any applicable specific plans.

The site is designated as Commercial (C) in the Land Use Element of the City’s General Plan which provides for commercial development, and Policy III.E.3 of the General Plan encourages residential infill development along major transportation corridors, in support of the City’s Housing Element.

FISCAL IMPACT:

City expenditures related to the review of the project are funded by application fees.

COMMITTEE RECOMMENDATION:

This matter comes to the Council on recommendation from the Planning Commission. The Planning Commission considered this project at its February 24, 2025, meeting, and voted to recommend approval to the Council, on a 6-0-1 vote.

CEQA/NEPA REQUIREMENTS:

The City of Modesto has prepared an Initial Study (IS) which analyzed the potential environmental effects of the proposed rezone and on the basis of this analysis, the City finds #29..
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City Council, April 8, 2025
2800 Sisk Road; Rezone from Planned Development Zone P-D (179) to Mixed Use Highway (MU-H) Zone

that the project will not have a significant effect on the environment and a Negative Declaration (ND) has been prepared.

In accordance with Section 15105 of the CEQA Guidelines, the IS/ND was released for a 20- day public review and comment period which commenced on February 3, 2025, and concluded on February 23, 2025.

RECOMMENDED COUNCIL ACTION:

Staff Recommendations:

Resolution adopting a Negative Declaration for a rezone of 5.3 acres from Planned Development Zone P-D(179) to Mixed Use Highway (MU-H) zone, property located at 2800 Sisk Road.

Motion introducing and waiving the first reading of an Ordinance amending Section 13-3-8 of the Zoning Map of the City of Modesto to rezone 5.3-acres from Planned Development Zone P-D(179) to Mixed-Use Highway (MU-H) Zone, property located at 2800 Sisk Road. (Fernandez).

Approved by:

Jessica Hill, Director of Community and Economic
Development
Joseph P. Lopez, City Manager
Attachments:

1. City Council Resolution, Adoption of Negative Declaration for Rezone from Planned Development Zone P-D(179) to MU-H

2. Ordinance, Rezone from Planned Development Zone P-D(179) to MU-H

3. Planning Commission Resolution No. 2025-07

4. Initial Study Negative Declaration EA No. C&ED 2025-36

5. Financial Interest Disclosure Form

6. Levine Disclosure
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04/08/2025/C&EDD/JHill 1 2025-

MODESTO CITY COUNCIL
RESOLUTION NO. 2025-

RESOLUTION ADOPTING A NEGATIVE DECLARATION FOR A REZONE OF

5.3 ACRES FROM PLANNED DEVELOPMENT (P-D 179) ZONE TO MIXEDUSE HIGHWAY (MU-H) ZONE, PROPERTY LOCATED AT 2800 SISK ROAD WHEREAS, a verified application for an amendment to Section 13-3-8 of the Zoning Map was filed by Jonathan Fernandez, to reclassify from Planned Development Zone, P-D (179), to Mixed-Use Highway, located at 2800 Sisk Road, and WHEREAS, Section 15070 of the CEQA Guidelines relating to Initial Study/Negative Declaration provides for a lead agency to prepare an Initial Study on any proposed project to analyze whether the project may cause any significant effect on the environment; and
WHEREAS, the City’s Community & Economic Development Department has prepared an Initial Study/Negative Declaration, Environmental Assessment No.

EA/C&ED 2025-36 as provided for by CEQA; and
WHEREAS, a 20-day public review period for the proposed Initial Study/Negative Declaration began on February 3, 2025, and ended on February 23, 2025; and
WHEREAS, the received no public comments on the Initial Study/Negative Declaration and therefore no changes to the document were necessary as a result; and WHEREAS, said matter was considered by the Planning Commission at a duly noticed public hearing which was held on February 24, 2025, whereupon the Planning Commission considered the Initial Study/Negative Declaration and recommended that the City Council adopt the Initial Study/Negative Declaration; and #29..
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04/08/2025/C&EDD/JHill 2 2025-
WHEREAS, said matter was considered by the City Council at a duly noticed public hearing which was held on April 8, 2025, at 5:30 p.m., in the Tenth Street Place Chambers located at 1010 10th Street, Modesto, California.

NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Modesto that the Council has reviewed and considered Environmental Assessment No. EA/C&ED 2025-36, copies of which are on file with the Community and Economic Development Department, Third Floor, 1010 Tenth Street, Modesto, California, and are attached hereto as Exhibit “A” and incorporated herein as reference, and based on the substantial evidence included in said Initial Study makes the following findings:

1. The Initial Study/Negative Declaration prepared for the proposed project found that the proposed rezone could not have a significant effect on the environment.

2. The Initial Study/Negative Declaration reflects the independent judgment of the lead agency.

3. The Initial Study/Negative Declaration, EA/C&ED 2025-36, provides the substantial evidence to support findings 1-2, noted above.

BE IT FURTHER RESOLVED that the property owner and developer shall, at their sole expense, defend, indemnify and hold harmless the City of Modesto, its agents, officers, directors and employees, from and against all claims, actions, damages, losses, or expenses of every type and description, including but not limited to payment of attorneys’ fees and costs, by reason of, or arising out of, this development approval. The obligation to defend, indemnify and hold harmless shall include but is not limited to any action to arbitrate, attack, review, set aside, void or annul this development approval on #29..
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04/08/2025/C&EDD/JHill 3 2025-
any grounds whatsoever. The City of Modesto shall promptly notify the developer of any such claim, action, or proceeding.

BE IT FURTHER RESOLVED by the Council of the City of Modesto that the Community & Economic Development Director is hereby authorized and directed to file a notice of approval or determination within five (5) business days with the Stanislaus County Clerk pursuant to Section 21152 of the Public Resources Code. #29..
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04/08/2025/C&EDD/JHill 4 2025-
The foregoing resolution was introduced at a regular meeting of the Council of the City of Modesto held on the 8th day of April, 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 City Clerk
(SEAL)
APPROVED AS TO FORM:

By: ______________________________________
JOSE M. SANCHEZ, City Attorney
#29..
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–1–
ORDINANCE NO. -C.S.

AN ORDINANCE AMENDING SECTION 13-3-8 OF THE
ZONING MAP OF THE CITY OF MODESTO TO REZONE 5.3-
ACRES FROM PLANNED DEVELOPMENT ZONE P-D (179)

TO MIXED USE HIGHWAY (MU-H) ZONE, PROPERTY
LOCATED AT 2800 SISK ROAD (FERNANDEZ)
WHEREAS, a verified application for an amendment to Section 13-3-8 of the Zoning Map was filed by Jonathan Fernandez on November 7, 2024, to rezone a 5.3-acre property from Planned Development Zone P-D (179) to Mixed Use Highway (MU-H) Zone, property located at 2800 Sisk Road, and
WHEREAS, after a public hearing held on February 24, 2025, it was found and determined by the Planning Commission that the requested zone change will not be detrimental to the public health, safety or welfare because the rezone will allow for the redevelopment of the site into commercial or multi-family residential uses compatible with surrounding existing commercial and multi-family residential uses to the north, east, and south of the project site, the requested zone change will result in an orderly planned use of land because the rezone will allow for redevelopment of the site for uses as permitted by the Mixed-Use Highway (MU-H) zone, including Highway Commercial (C-3) Zone uses and multi-family development at densities consistent with the Medium-High Density Residential (R-3) Zone, and the requested zone change is in accordance with the community objectives as set forth in the Modesto Urban Area General Plan and any applicable specific plans(s) because the site is designated as Commercial (C) in the Land Use Element of the City’s General Plan which provides for commercial development, and Policy III.E.3 of the General Plan encourages residential infill development along major transportation corridors, in support of the City’s Housing Element, and #29..
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–2–
WHEREAS, by Resolution No. 2025-07, adopted on February 24, 2025, the Planning Commission recommended to the Council that the application of Jonathan Fernandez to amend Section 13-3-8 of the Zoning Map to rezone the hereinafter described property from Planned Development Zone P-D (179) to Mixed Use Highway (MU-H) Zone, be approved.

NOW, THEREFORE, the Council of the City of Modesto does ordain as follows:

SECTION 1. After a public hearing held on April 8, 2025, in the Tenth Street Place Chambers located at 1010 10th Street, Modesto, California, this Council finds and determines as follows:

1. The requested change will not be detrimental to the public health, safety or welfare because the proposed rezone will allow for the redevelopment of the site into commercial or multi-family residential uses compatible with surrounding existing commercial and multi-family residential uses to the north, east, and south of the project site.

2. The requested change will result in an orderly planned use of land because the proposed rezone will allow for redevelopment of the site for uses as permitted by the Mixed-Use Highway (MU-H) zone, including Highway Commercial (C-3) Zone uses and multi-family development at densities consistent with the Medium-High Density Residential (R-3) Zone.

3. The requested change is in accordance with the community’s objectives as set forth in the General Plan and any applicable specific plan(s) because the site is designated as Commercial (C) in the Land Use Element of the City’s General Plan which provides for commercial development, and Policy III.E.3 of the General Plan encourages residential infill development along major transportation corridors, in support of the City’s Housing Element.

SECTION 2. ZONING CHANGE. Section 13-3-8 of the Zoning Map is hereby amended to rezone the following described property from Planned Development Zone P-D (179) to Mixed Use Highway (MU-H) Zone:

P-D (179) to MU-H
#29..
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–3–
Parcel 1
The land referred to herein below is situated in the City of Modesto, County of Stanislaus, state of California and described as follows:

All of Parcel ‘1’ as shown on that Parcel Map recorded on March 28, 1978, in Volume 26 of Parcel Maps, page 103, Stanislaus County Records, being a portion of the Northwest ¼ of Section 13, Township 3 South, Range 8 East, Mount Diablo Base and Meridian, in the County of Stanislaus, State of California.

Including also the Easterly one-half of the Sisk Road right-of-way immediately adjacent to the above description.

Totaling 5.3 acres, more or less.

APN 005-037-025
SECTION 3. ZONING MAP. Section 13-3-8 of the Zoning Map of the City of Modesto is amended to appear as set forth on the map attached hereto, which is hereby made a part of this ordinance by reference.

SECTION 4. EFFECTIVE DATE. This ordinance shall go into effect and be in full force and operation from and after thirty (30) days after its final passage and adoption.

SECTION 5. PUBLICATION. At least two (2) days prior to its final adoption, copies of this ordinance shall be posted in at least three (3) prominent and distinct locations in the City; and a notice shall be published once in The Modesto Bee, the official newspaper of the City of Modesto, setting forth the title of this ordinance, the date of its introduction and the places where this ordinance is posted.
#29..
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–4–
The foregoing ordinance was introduced at a regular meeting of the Council of the City of Modesto held on the 8th day of April, 2025, by Councilmember , who moved its introduction and passage to print, which motion being duly seconded by Councilmember , was upon roll call carried and ordered printed and published by the following vote:

AYES: Councilmembers:

NOES: Councilmembers:

ABSENT: Councilmembers:

APPROVED:

SUE ZWAHLEN, Mayor
ATTEST:

By:

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

By:

JOSE M. SANCHEZ, City Attorney
APPROVED AS TO DESCRIPTION:

By:

Community & Economic Development
Department, Planning Division
#29..
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–5–

FINAL ADOPTION CLAUSE
The foregoing ordinance, having been published as required by the Charter of the City of Modesto, and coming on for final consideration at the regular meeting of the Council of the City of Modesto held on the April ___, 2025, Councilmember ______________moved its final adoption, which motion being duly seconded by Councilmember ________________, was upon roll call carried and the ordinance adopted by the following vote:

AYES: Councilmembers:

NOES: Councilmembers:

ABSENT: Councilmembers:

APPROVED:

SUE ZWAHLEN, Mayor
ATTEST: ____________________________
DIANE NAYARES-PEREZ, City Clerk
Effective Date: _________________, 2025
#29..
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RZN-24-003

PLANNING COMMISSION
RESOLUTION NO. 2025-07

A RESOLUTION RECOMMENDING TO CITY COUNCIL AN AMENDMENT
TO SECTION 13-3-8 OF THE ZONING MAP TO REZONE 5.3-ACRES FROM PLANNED DEVELOPMENT ZONE P-D (179) TO MIXED USE HIGHWAY (MUH) ZONE, PROPERTY LOCATED AT 2800 SISK ROAD. (FERNANDEZ) WHEREAS, a verified application for an amendment to Section 13-3-8 of the Zoning Map was filed by Jonathan Fernandez on November 7th, 2024, to rezone a 5.3-acre property from Planned Development Zone P-D (179) to Mixed Use Highway (MU-H) Zone, property located south of W. Rumble Road and east of Sisk Road and California State Highway 99, described as follows:

P-D (179) to MU-H
Parcel 1
The land referred to herein below is situated in the City of Modesto, County of Stanislaus, state of California and described as follows:

All of Parcel ‘1’ as shown on that Parcel Map recorded on March 28, 1978, in Volume 26 of Parcel Maps, page 103, Stanislaus County Records, being a portion of the Northwest ¼ of Section 13, Township 3 South, Range 8 East, Mount Diablo Base and Meridian, in the County of Stanislaus, State of California.

Including also the Easterly one-half of the Sisk Road right-of-way immediately adjacent to the above description.

Totaling 5.3 acres, more or less.

APN 005-037-025
WHEREAS, P-D (179) only allows A hardware, farm supply, and home improvement center and an off-street parking area; and
WHEREAS, a public hearing was held by the Planning Commission on February 24, 2025, in Chambers, 1010 Tenth Street, Modesto, California, at which hearing evidence both oral and documentary was received and considered; and
WHEREAS, the Planning Commission certifies it has received and reviewed the Initial Study (IS)/Negative Declaration (ND), EA No. C&ED 2025-36, for the project which analyzed the potential environmental effects of the project, and on the basis of this analysis, finds that the project will not have a significant effect on the environment.

NOW, THEREFORE, BE IT RESOLVED by the Planning Commission that it hereby finds and determines as follows:

1. The proposed change will not be detrimental to the public health, safety, or welfare because the rezone will allow for the redevelopment of the site into commercial or #29..
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Res. No. 2025-07 Page 2
RZN-24-003
multi-family residential uses compatible with surrounding existing commercial and multi-family residential uses to the north, east, and south of the project site.

2. The proposed change will result in an orderly planned use of land because the rezone will allow for redevelopment of the site for uses as permitted by the MixedUse Highway (MU-H) zone, including Highway Commercial (C-3) Zone uses and multi-family development at densities consistent with the Medium-High Density Residential (R-3) Zone.

3. The proposed change is in accordance with the community’s objectives as set forth in the General Plan and any applicable specific plan(s) because the site is designated as Commercial (C) in the Land Use Element of the City’s General Plan which provides for commercial development, and Policy III.E.3 of the General Plan encourages residential infill development along major transportation corridors, in support of the City’s Housing Element.

4. An Initial Study (IS), EA No. C&ED 2025-36, was prepared by the City of Modesto that analyzed the potential environmental effects of the proposed rezone of the project site. On the basis of this analysis, the City finds that the project will not have a significant effect on the environment and a Negative Declaration (ND) has been prepared.

BE IT FURTHER RESOLVED by the Planning Commission that it recommends to the City Council that the application by Jonathan Fernandez to amend Section 13-3-8 of the Zoning Map to rezone 5.3 acres located at 2800 Sisk Road, south W. Rumble Road and east of Sisk Road and California State Highway 99, from Planned Development Zone P-D (179) to Mixed Use Highway (MU-H), be approved.

The foregoing resolution was introduced at the regular meeting of the Planning Commission held on the 24th day of February 2025, by Commissioner Arroyo, who moved its adoption, which motion was seconded by Commissioner Russell and carried by the following vote:

Ayes: Arroyo, Goriel, Grewal, Hauslemann, Russell, Shanks Noes: None

Absent: Black
Recused: None
BY ORDER OF THE PLANNING COMMISSION OF THE CITY OF MODESTO.

Original, signed copy on file in CEDD
Tristan Osborn, AICP, Secretary
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