STATE OF CALIFORNIA
PARTICIPATING ADDENDUM NUMBER 7-25-51-01
FACILITIES MAINTENANCE, REPAIR AND OPERATIONS (MRO)
AND INDUSTRIAL SUPPLIES
Commonwealth of Kentucky NASPO ValuePoint
Master Agreement Number MA 758 2500000414
Fastenal Company (Contractor)
This Participating Addendum Number 7-25-51-01 is entered into between the State of California, Department of General Services (hereafter referred to as “State” or “DGS”) and Fastenal Company (hereafter referred to as “Contractor”) under the lead state of Commonwealth of Kentucky NASPO ValuePoint Master Agreement Number MA 758 2500000414.
1. SCOPE
A. This Participating Addendum covers the purchase of Facilities Maintenance, Repair, and Operations (MRO) and Industrial Supplies under the Commonwealth of Kentucky NASPO ValuePoint Master Agreement. The Commonwealth of Kentucky NASPO ValuePoint Master Agreement is hereby incorporated by reference. Product categories included under this Participating Addendum are identified in Section 5 (Available Products and Services).
B. This Participating Addendum is available for use by California state agencies and local governments. A local government is defined as any city, county, city and county, district, or other local governmental body, school district or corporation empowered to expend public funds. The State Agency Listing (https://www.ca.gov/agenciesall/) provides a comprehensive list of state agencies.
C. Each local government is to make its own determination whether this Participating Addendum and the Commonwealth of Kentucky NASPO ValuePoint Master Agreement are consistent with its procurement policies and regulations.
2. TERM
A. The term of this Participating Addendum shall begin January 1, 2025, or upon signature approval by the State whichever occurs later, and will end August 31, 2026, or upon termination by the State, whichever occurs first.
B. Lead state amendments to extend the NASPO ValuePoint Master Agreement term date are not automatically incorporated into this Participating Addendum.
Extension(s) to the term of this Participating Addendum will be through a written amendment upon mutual agreement between the State and the Contractor. #2..
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C. Order placement and execution shall be on or before the expiration of this Participating Addendum. However, delivery of products may be up to 120 days after the Participating Addendum expiration date.
3. TERMS AND CONDITIONS/INCORPORATION OF DOCUMENTS
A. Terms and conditions listed below are hereby incorporated by reference and made a part of this Participating Addendum as if attached herein and shall apply to the purchase of goods or services made under this Participating Addendum. 1) General Provisions – Non-Information Technology Goods (DGS PD-401 NonIT Goods), effective 6/21/2022 B. Terms can be viewed on the DGS Procurement Division website (https://www.dgs.ca.gov/PD/Resources/Page-Content/Procurement-DivisionResources-List-Folder/Required-Language-for-Solicitations-and-Contracts).
4. ORDER OF PRECEDENCE
A. In the event of any inconsistency between the articles, attachments, or provisions which constitute this agreement, the following descending order of precedence shall apply:
1) California Participating Addendum Number 7-25-51-01
2) Commonwealth of Kentucky NASPO ValuePoint Master Agreement Number MA 758 2500000414
5. AVAILABLE PRODUCTS AND SERVICES
Product offerings from the Commonwealth of Kentucky NASPO ValuePoint Master Agreement number MA 758 2500000414 are allowed under this Participating Addendum.
6. RESTRICTIONS/DISALLOWED PRODUCTS AND SERVICES (STATE
AGENCIES ONLY)
A. The following restrictions apply to state agency purchases under this Participating Addendum:
1) Products restricted in the Commonwealth of Kentucky NASPO ValuePoint Master Agreement.
2) Product categories that are available on mandatory California statewide contracts cannot be purchased from this Participating Addendum by state agencies without an exemption. State agencies are responsible for obtaining a mandatory statewide contract exemption from DGS prior to issuing a purchase order.
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7. ENVIRONMENTALLY PREFERABLE PURCHASING REQUIREMENTS
Contractor shall comply with all applicable laws and regulations for the products offered in this agreement.
A. Public Contract Code (PCC) Sections 12400-12404 requires DGS, Procurement Division to provide state agencies with information and assistance regarding environmentally preferable purchasing. This information is available in the DGS EPP Best Practices Manual (https://www.dgs.ca.gov/PD/Resources/Find-EPPGoods-and-Services).
B. PCC 12201 (c) requires state agencies to purchase recycled products instead of nonrecycled products, if all the following requirements are met:
1) Fitness and quality of the products are equal.
2) Recycled products are available at no more than ten (10) percent greater total cost than nonrecycled products.
3) One of the following situations applies:
a) A state agency uses a leveraged procurement agreement through which both recycled and nonrecycled products are available.
b) A state agency is awarding a contract using Section 14838.5 of the Government Code and receives offers for both recycled and nonrecycled products.
c) A state agency awards a contract without soliciting multiple offers based on a determination that the price is fair and reasonable.
B. PCC 12404 requires manufacturers, vendors, or other nongovernmental entities contracting with DGS to certify in writing that any environmental claims they make concerning their products and services are consistent with the Federal Trade Commission’s Guidelines for the Use of Environmental Marketing Terms.
By signing this agreement, Contractor certifies compliance with PCC Section 12404.
C. State agencies are required to report purchases made within the product categories in the California Department of Resources Recycling and Recovery’s State Agency Buy Recycled Campaign (SABRC) per Public Contract Code Sections 12200-12217. PCC Section 12205 (b) (1) requires all businesses to certify the minimum percentage, if not the exact percentage, of post-consumer recycled content (PCRC) in the products being offered or sold to the state regardless of whether the product meets the requirements of PCC Section 12209. Contractor will be required to complete and return a Recycled-Content Certification form (https://www.calrecycle.ca.gov/contracts/forms) upon request by the state agency.
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C. Public Resources Code (PRC) Sections 42290 - 42298 requires that manufacturers of regulated plastic bags (thickness of 0.75 mil or greater) sold in California:
1) Ensure plastic bags contain at least ten (10) percent PCRC by weight. 2) Or ensure that at least thirty (30) percent of the weight of the material used in all of its plastic products intended for sale in this state is recycled plastic postconsumer material.
3) All plastic trash bags offered for sale must identify the thickness (mil), the PCRC percentage, and the manufacturer’s name in the catalog product description.
D. Manufacturers and suppliers of plastic trash bags must be compliant with California Plastic Trash Bag laws. Refer to CalRecycle Recycle Content Plastic Trash Bag Program (https://www.calrecycle.ca.gov/buyrecycled/trashbags/) for a list of compliant manufacturers and suppliers. Manufacturers or wholesalers that fail to comply with this law are ineligible for award of any state contract.
8. PRICING
A. Contractor’s pricing is outlined in the Kentucky NASPO ValuePoint Master Agreement Number MA 758 2500000414.
B. Contractor shall notify the State Contract Administrator of any amendments and pricing adjustments approved and executed by the Commonwealth of Kentucky.
C. Contractor shall provide Contractor’s catalog link to the State Contract Administrator.
9. AUTHORIZED RESELLERS
A. Contractor may use State-approved Authorized Resellers under this Participating Addendum for sales and service functions as defined herein. 1) Authorized Resellers must accept purchase orders and accept payment from ordering agencies for products and services offered under this Participating Addendum.
2) Authorized Resellers are responsible for sending a copy of all purchase orders and invoices to the Contractor for compliance with quarterly usage reporting and administrative fee requirements.
3) All purchase documents to Authorized Resellers shall reference the Participating Addendum Number and Contractor Name.
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B. Contractor shall be responsible for successful performance and compliance with all requirements in accordance with the terms and conditions under this Participating Addendum, even if work is performed by Authorized Resellers. All State policies, guidelines, and requirements shall apply to Authorized Resellers.
C. Contractor will be the sole point of contact with regard to Participating Addendum contractual matters, reporting, and administrative fee requirements.
D. Subject to the approval of the State, Authorized Resellers may be added on a quarterly basis during the term of the Participating Addendum. Contractors shall notify the State in writing of any deleted Authorized Resellers or changes to current Authorized Resellers’ information at any time.
E. Contractor will be required to submit Authorized Reseller requests, in a format specified by the State, to the State Contract Administrator for approval.
F. State-approved Authorized Resellers will be posted on the State’s Cal eProcure website.
10. SUBCONTRACTORS
A. Nothing contained in this Participating Addendum or otherwise, shall create any contractual relation between the State and any subcontractors, and no subcontract shall relieve Contractor of its responsibilities and obligations hereunder. Contractor agrees to be as fully responsible to the State for the acts and omissions of its subcontractors and of persons either directly or indirectly employed by any of them as it is for the acts and omissions of persons directly employed by the Contractor. Contractor's obligation to pay its subcontractors is an independent obligation from the State's obligation to make payments to the Contractor.
B. Contractor shall perform the work contemplated with resources available within its own organization and no portion of the work shall be subcontracted except for subcontractors listed on the Bidder Declaration (GSPD-05-105) provided to ordering agencies at the time an order is quoted.
C. As the prime Contractor, Contractor is responsible for reports and fees required by the terms and conditions of the NASPO ValuePoint Master Agreement and Participating Addendum.
D. Any subcontract in excess of $25,000, entered into as a result of this Participating Addendum, shall contain all the provisions stipulated in this Participating Addendum to be applicable to subcontractors. #2..
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11. ORDERING AGENCY RESPONSIBILITIES
A. State agency and local government use of this Participating Addendum is optional.
B. State agencies and local governments must follow the ordering procedures outlined within the User Instructions guide, administered by the State Contract Administrator, to execute orders against this Participating Addendum. User Instructions are posted on the State’s Cal eProcure website.
C. All purchase orders executed under this Participating Addendum shall include the Participating Addendum Number 7-25-51-01.
12. DELIVERY
A. Delivery shall occur as negotiated between ordering agency and Contractor and included in the purchase order, or as otherwise stipulated in the Kentucky NASPO ValuePoint Master Agreement.
B. Free On Board (F.O.B.) Destination, freight prepaid by the Contractor, to the ordering agency’s receiving point. Additional shipping charges for oversized or overweight items must be presented to and approved by the ordering agency prior to purchase.
13. INVOICING AND PAYMENT
A. Payment will be made in accordance with General Provisions – Non-Information Technology Goods Paragraph 30 (Required Payment Date).
B. Invoices shall be sent to the address identified in the ordering agency’s purchase order. The Participating Addendum Number and ordering agency purchase order number shall appear on each invoice for all purchases placed under this Participating Addendum.
C. Contractor will accept the State of California credit card (CAL-Card) for payment of invoices.
14. USAGE REPORTING
A. Contractor shall submit usage reports on a quarterly basis to the State Contract Administrator for all California entity purchases using the report template attached hereto as Attachment A. The report is due even when there is no activity.
B. The State Contract Administrator reserves the right to modify Attachment A and require Contractor to provide additional order information during the course of this Participating Addendum.
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C. The report shall be an Excel spreadsheet transmitted electronically to the DGS Cooperatives mailbox ([email protected]).
D. Any report that does not follow the required format or that excludes information will be deemed incomplete. Contractor will be responsible for submitting corrected reports within five (5) business days of the date of written notification from the State.
E. Tax must not be included in the report, even if it is on the purchase order.
F. Reports are due for each quarter as follows:
Reporting Period Due Date
January 1 to March 31 April 30
April 1 to June 30 July 31
July 1 to September 30 October 31
October 1 to December 31 January 31
G. Failure to meet reporting requirements and submit the reports on a timely basis shall constitute grounds for suspension of this Participating Addendum.
H. Time extensions may be approved only if all due reports have been submitted to the State.
15. ADMINISTRATIVE FEE
A. Contractor is required to remit to DGS an administrative fee amount equal to
1.25% of the sales for the quarterly reporting period less freight, taxes, returned products and credits. (For example, if the net sales for the reporting quarter totals $100,000.00, the incentive fee due to DGS would be $1,250.00.) B. The administrative fee shall not be included as an adjustment to Contractor’s NASPO ValuePoint Master Agreement pricing.
C. The administrative fee shall not be invoiced or charged to the ordering agency.
D. Payment of the administrative fee is due irrespective of payment status from ordering agencies.
E. Payment may be made in the form of an electronic payment using the LPA Payment Portal website (https://www.dgs.ca.gov/PD/Services/PageContent/Procurement-Division-Services-List-Folder/Access-LPA-PaymentPortal) or by submitting a check payable to the State of California, Department of General Services.
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F. Administrative fee payments made by check must include the Participating Addendum Number on the check and be submitted to the following address:
Department of General Services
Procurement Division
Attn: MAPS Payment Processing
707 Third Street, 2nd Floor
West Sacramento, CA 95605
G. Administrative fee payments are due for each quarter as follows:
Reporting Period Due Date
January 1 to March 31 April 30
April 1 to June 30 July 31
July 1 to September 30 October 31
October 1 to December 31 January 31
H. Failure to meet administrative fee requirements and submit fees on a timely basis shall constitute grounds for suspension of this Participating Addendum.
16. CONTRACT MANAGEMENT
A. The primary Contractor Contract Manager for this Participating Addendum shall be as follows:
Contractor Contract Manager
Name: Zach Wise
Phone: (833) 790- 9932
Email [email protected]
Address: Fastenal Company
Attn: Zach Wise
2001 Theurer Blvd
Winona, MN 55987
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B. The State Contract Administrator for this Participating Addendum shall be as follows:
State Contract Administrator
Name: Yolanda Tutt
Phone: (279) 946-8401
Email [email protected]
Address: State of California
Department of General Services
Procurement Division
707 Third Street, 2nd Floor, MS 2-202
West Sacramento, CA 95605
C. Should the contact information for either party change, the party will provide written notice with updated information no later than ten (10) business days after the change.
17. TERMINATION OF AGREEMENT
The State may terminate this Participating Addendum at any time upon thirty (30) days prior written notice to the Contractor. Upon termination or other expiration of this Participating Addendum, each party will assist the other party in orderly termination of the Participating Addendum and the transfer of all assets, tangible, and intangible, as may facilitate the orderly, non-disrupted business continuation of each party. This provision shall not relieve the Contractor of the obligation to perform under any purchase order or other similar ordering document executed prior to the termination becoming effective.
18. AMENDMENT
No amendment or variation of the terms of this Participating Addendum shall be valid unless made in writing, signed by the parties, and approved as required. No oral understanding or agreement not incorporated in the Participating Addendum is binding on any of the parties.
19. NEWS RELEASES
Unless otherwise exempted, news releases, endorsements, advertising, and social media content pertaining to this Participating Addendum shall not be made without prior written approval from the State.
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20. EXECUTIVE ORDER N-6-22 – RUSSIA SANCTIONS
On March 4, 2022, Governor Gavin Newsom issued Executive Order N-6-22 (the EO) regarding Economic Sanctions against Russia and Russian entities and individuals. “Economic Sanctions” refers to sanctions imposed by the U.S. government in response to Russia’s actions in Ukraine, as well as any sanctions imposed under state law. The EO directs state agencies to terminate contracts with, and to refrain from entering any new contracts with, individuals or entities that are determined to be a target of Economic Sanctions. Accordingly, should the State determine Contractor is a target of Economic Sanctions or is conducting prohibited transactions with sanctioned individuals or entities, that shall be grounds for termination of this Participating Addendum. The State shall provide Contractor advance written notice of such termination, allowing Contractor at least thirty (30) calendar days to provide a written response. Termination shall be at the sole discretion of the State.
21. GENERATIVE ARTIFICIAL INTELLIGENCE (GENAI) REPORTING The State of California seeks to realize the potential benefits of GenAI, through the development and deployment of GenAI tools, while balancing the risks of these new technologies.
Upon request by an ordering agency, Contractor must complete a GenAI Reporting and Fact Sheet (STD 1000) to identify if their solution or service includes, or makes available, any GenAI including, GenAI from third parties or subcontractors.
During the term of the contract, Contractor must notify the State in writing if their services or any work under this contract includes, or makes available, any previously unreported GenAI technology, including GenAI from third parties or subcontractors.
Contractor shall immediately complete the GenAI Reporting and Factsheet (STD 1000) to notify the State of any new or previously unreported GenAI technology.
At the direction of the State, Contractor shall discontinue the use of any new or previously undisclosed GenAI technology that materially impacts functionality, risk or contract performance, until use of such GenAI technology has been approved by the State.
Failure to disclose GenAI use to the State and submit the GenAI Reporting and Factsheet (STD 1000) may be considered a breach of the contract by the State at its sole discretion and the State may consider such failure to disclose GenAI and/or failure to submit the GenAI Reporting and Factsheet (STD 1000) as grounds for the immediate termination of the contract. The State is entitled to seek any and all relief to which it may be entitled to as a result of such non-disclosure.
The State reserves the right to amend the contract, without additional cost, to incorporate GenAI Special Provisions into the contract at its sole discretion and/or terminate any contract that presents an unacceptable level of risk to the State. #2..
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If Contractor identifies GenAI in their solution, a copy of the STD 1000 must be submitted to the State Contract Administrator.
22. AGREEMENT
A. This Participating Addendum and the Master Agreement together with its exhibits and/or amendments, set forth the entire agreement between the parties with respect to the subject matter of all previous communications, representations, or agreements, whether oral or written, with respect to the subject matter hereof. Terms and conditions inconsistent with, contrary or in addition to the terms and conditions of this Participating Addendum and the Master Agreement, together with its exhibits and/or amendments, shall not be added to or incorporated into this Participating Addendum or the Master Agreement and its exhibits and/or amendments, by any subsequent purchase order or otherwise, and any such attempts to add or incorporate such terms and conditions are hereby rejected. The terms and conditions of this Participating Addendum and the Master Agreement and its exhibits and/or amendments shall prevail and govern in the case of any such inconsistent or additional terms.
B. By signing this Participating Addendum, Contractor agrees to offer the same products/services available on the Kentucky NASPO ValuePoint Master Agreement Number MA 758 2500000414, at prices equal to or lower than the prices on that agreement.
IN WITNESS WHEREOF, the parties have executed this Participating Addendum as of the date of execution by both parties below.
STATE OF CALIFORNIA
Department of General Services
CONTRACTOR
Fastenal Company
Agency Name Contractor Name
12/13/2024
Authorized Signature Date Signed Authorized Signature Date Signed Julie Matthews, MAU2 Supervisor William Drazkowski, Executive VP Printed Name/Title of Person Signing Printed Name/Title of Person Signing 707 Third Street
West Sacramento, CA 95605
2001 Theurer Blvd.
Winona, MN 55987
Address Address
Julie Matthews 12/16/2024 Digitally signed by Julie Matthews Date: 2024.12.16 10:54:14 -08'00'
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CITY OF MODESTO
COMMITTEE AGENDA REPORT
DATE OF MEETING:
April 21, 2025
Date: March 28, 2025
TO: Finance Committee
Rosa Escutia-Braaton, Chair
David Wright, Vice Chair
Nick Bavaro, Member
THROUGH: Joseph P. Lopez, City Manager
FROM: Dameon D. Booker, Chief Information Officer
SUBJECT: Purchase Agreement with Nynox Solutions for an AI Powered Search Engine CONTACT: Dameon D. Booker, Chief Information Officer,
[email protected], 209-571-5229
DESCRIPTION:
Consider an Agreement with Nynox Solutions, Princeton, NJ, to implement and support an AIpowered search engine for a total amount not to exceed $255,000 over three (3) years and forwarding to Council for approval. (Funding Source: Information Technology Fund) STRATEGIC PLAN ELEMENT:
This item advances the City of Modesto 2020–2025 Strategic Plan Area: to improve digital services and accessibility by enhancing user experience and access to information across City platforms.
BACKGROUND:
In 2024, City of Modesto staff identified a critical need to modernize the City's website search experience. The current solution produces 4,000–8,000 results per query across more than 22,000 pages and 3,000 PDFs, leading to irrelevant and unhelpful results.
To address this, staff contacted three (3) vendors to evaluate next-generation search capabilities:
OpenAI did not respond to the City's outreach after multiple attempts. Oracle proposed a licensing and hosting plan requiring third-party training/maintenance support estimated at $100,000 annually, excluding setup. #3..
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Purchase Agreement with Nynox Solutions for an AI Powered Search Engine
Nynox Solutions provided the most responsive and cost-effective proposal, including setup and training.
Nynox’s SmartSearch platform dynamically adapts to evolving content, offers Artificial Intelligence (AI) powered contextual results, and aligns with the City’s digital transformation goals.
DISCUSSION:
Staff recommends entering into a two (2) year agreement, with a one (1) year extension option, with Nynox Solutions for SmartSearch implementation. This includes:
One-time initial setup and training ($75,000)
Annual support and licensing ($60,000 per year)
The total contract value will not exceed $255,000 over the three (3) year term.
Key benefits of SmartSearch include:
Accurate, AI-enhanced results that reduce resident frustration Fewer support calls to City departments
Enhanced digital equity and access for all residents improving the website visitor experience
The SmartSearch solution will be implemented in a phased approach in FY 2024–25 with full deployment and staff training completed by the fourth quarter (Q4) of 2025.
After soliciting proposals from Nynox, Oracle, and OpenAI, we recommend proceeding with Nynox. Based on City staff’s review, Nynox offers a complete solution with a $75,000 setup and $60,000 annual support, providing in-house management of both implementation and maintenance, making it the most financially and operationally sustainable option.
In accordance with Modesto Municipal Code 8-3.204(a), “Exceptions to Formal Bidding Requirements,” Agreements for Professional Services are exempt from the bidding requirements of Modesto Municipal Code 8-3.203 if competitive quotations or proposals have been sought informally from at least three (3) qualified entities. The approval to implement and support an AI-powered search engine to NyNox Solutions conforms to Modesto Municipal Code 8-3.204, subsection (a) as Nynox will be providing professional services and at least three (3) informal proposals were obtained.
FISCAL IMPACT:
The total cost of the three-year agreement is estimated to be $255,000, to be paid in annual installments as follows:
YEAR AMOUNT
1 (2024–25) Implementation + Annual support and licensing $135,000 2 (2025–26) Annual support and licensing $60,000
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Purchase Agreement with Nynox Solutions for an AI Powered Search Engine
3 (2026–27) Annual support and licensing $60,000
TOTAL $255,000
This expenditure will be fully funded using the Information Technology Fund. There are sufficient funds available in the current Fiscal Year 2024-25 operating budget for implementation and the costs related for annual support and licensing are included as part of the proposed Fiscal Year 2025-26 Information Technology Fund operating budget.
RECOMMENDED COMMITTEE ACTION:
Staff Recommendations:
Motion recommending an Agreement with Nynox Solutions, Princeton, NJ, to implement and support an AI-powered search engine for a total amount not to exceed $255,000 over three years and forwarding to Council for approval.
Approved by:
Dameon Booker, CIO
Joseph P. Lopez, City Manager
Attachments:
1. Nynox SOW
2. Exhibit A – Smart Search Proposal/Pricing
3. Bid Waiver
4. Financial Interest Disclosure
5. CA Levine Act
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City of Modesto
SmartSearch Engine Integration
Scope of Work (SOW)
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CITY OF MODESTO
SmartSearch Engine Integration
Scope of Work
April 8, 2025 | Version 2.0
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SmartSearch Engine Integration
Scope of Work (SOW)
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DOCUMENT CONTROL
Authors Name Title Date
Prepared Win Pe COO 03/27/2025
RELEASE INFORMATION
Document Name Scope of Work (SOW) – City of Modesto SmartSearch Engine
Integration
Version Date
Released
Pages Affected Remarks
1.0 03/27/2025 All Initial Release
2.0 04/08/2025 Few Pages Final Release
CONTACT DETAILS
Matthew Adebayo – Chief Executive Officer Win Pe – Chief Operating Officer Telephone Email Telephone Email
+1 609 865-5703 [email protected] +61 0418 266 718 [email protected] Nynox Solutions North America 33-2459643. The material contained in this document, including all attachments, is the copyright of Nynox Solutions.
Table of Contents
1. INTRODUCTION ............................................................................................................................6 Commented [AM1]: This is a public record
Commented [MA2R2]: Understood and
accepted
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2. BACKGROUND .............................................................................................................................6
3. SCOPE OF SERVICES..................................................................................................................6
3.1 Planning & Requirements ......................................................................................................6
3.2 Infrastructure Setup................................................................................................................6
3.3 Data Collection & Processing................................................................................................6
3.4 SmartSearch Engine Development .......................................................................................7
3.5 Integration & Implementation ................................................................................................7
3.6 Testing & Quality Assurance .................................................................................................7
3.7 Deployment & Go-Live............................................................................................................7
3.8 Maintenance & Support..........................................................................................................7
4. OUT OF SCOPE.............................................................................................................................8
5. PROJECT TIMELINE.....................................................................................................................8
6. PROJECT MANAGEMENT............................................................................................................9
6.1 Project Governance Structure ...............................................................................................9
6.2 Project Phases ........................................................................................................................9
6.3 Communication Plan ............................................................................................................10
7. PROJECT DELIVERABLES........................................................................................................10
8. CHANGE MANAGEMENT...........................................................................................................12
8.1 Change Request Process.....................................................................................................12
8.2 Change Review Board ..........................................................................................................13
8.3 Change Request Timeline ....................................................................................................13
9. PROJECT RISKS.........................................................................................................................13
9.1 Flexibility and Scope Management .....................................................................................13
9.2 Cost and Scope Management..............................................................................................14
9.3 Key Risk Factors...................................................................................................................14
10. ASSUMPTIONS AND RESPONSIBILITIES ..............................................................................14
10.1 Planning and Administration .............................................................................................14
10.2 Project Management Responsibility .................................................................................15
10.3 Technical Responsibilities.................................................................................................15
11. IMPLEMENTATION APPROACH..............................................................................................16 #3..
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11.1 Implementation Methodology ............................................................................................17
11.2 Quality Assurance Approach.............................................................................................17
12. TECHNICAL SPECIFICATIONS................................................................................................17
12.1 Search Engine Architecture...............................................................................................17
12.2 Performance Requirements ...............................................................................................17
12.3 Integration Requirements...................................................................................................18
13. ACCEPTANCE CRITERIA.........................................................................................................18
13.1 Functional Acceptance Criteria .........................................................................................18
13.2 Acceptance Testing Process .............................................................................................18
13.3 Acceptance Sign-off ...........................................................................................................19
14. SERVICE LEVEL AGREEMENTS.............................................................................................19
14.1 System Availability .............................................................................................................19
14.2 Performance Metrics...........................................................................................................19
14.3 Support Response Times...................................................................................................19
15.4 Monitoring and Reporting ..................................................................................................19
15. INTELLECTUAL PROPERTY RIGHTS .....................................................................................20
15.1 Ownership............................................................................................................................20
15.2 Licensing Terms..................................................................................................................20
15.3 IP Indemnification ...............................................................................................................20
16. DATA SECURITY AND PRIVACY.............................................................................................20
16.1 Data Protection Measures..................................................................................................20
16.2 Compliance Requirements.................................................................................................20
16.3 Data Handling Procedures .................................................................................................21
16.4 Security Auditing ................................................................................................................21
17. WARRANTY...............................................................................................................................21
17.1 Service Warranty.................................................................................................................21
17.2 Software Warranty ..............................................................................................................21
17.3 Exclusions ...........................................................................................................................21
17.4 Third-Party Components....................................................................................................21
18. DISASTER RECOVERY AND BUSINESS CONTINUITY .........................................................22 #3..
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18.1 Backup and Recovery.........................................................................................................22
18.2 Business Continuity ...........................................................................................................22
18.3 Disaster Recovery Testing.................................................................................................22
19. PRICING AND SUBSCRIPTION PLANS...................................................................................22
19.1 Implementation Cost...........................................................................................................22
19.2 Ongoing Support.................................................................................................................23
19.3 Optional Add-Ons ...............................................................................................................23
20. PAYMENT TERMS.....................................................................................................................24
20.1 Implementation Fees ..........................................................................................................24
20.2 Subscription Fees...............................................................................................................24
20.3 Optional Add-Ons ...............................................................................................................25
20.4 Payment Methods ...............................................................................................................25
20.5 Late Payments.....................................................................................................................25
21. SIGNATORY PAGE ...................................................................................................................25
1. INTRODUCTION
This Scope of Work (SOW) outlines the services for implementing SmartSearch Engine, an AIpowered contextual search solution, to be provided by Nynox Solutions (Nynox) for the City of Modesto (CoM) main website modestogov.com. The objective is to deliver precise, context-aware search results utilizing advanced Generative AI. By integrating SmartSearch directly with the city's #3..
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main website, it will enhance citizen engagement, improve access to critical information, and streamline service delivery. This intelligent search will reduce frustration, minimize response times, and empower residents with quick, accurate answers to their needs — whether it's finding local resources, accessing permits, or getting real-time city updates.
2. BACKGROUND
The City of Modesto seeks to ensure that its citizens receive the most relevant information instantly, enhancing discovery, engagement, and their overall experience when accessing the City's website.
The current search functionality lacks contextual understanding and often returns irrelevant results, leading to citizen frustration and increased call volumes to city departments for information that should be readily accessible online.
3. SCOPE OF SERVICES
Nynox shall provide the following services for integrating SmartSearch Engine into City of Modesto main website modestogov.com:
3.1 Planning & Requirements
Conduct thorough requirement gathering sessions with key stakeholders Document search functionality requirements and success metrics Define specific use cases and user journeys
Create detailed technical specifications
Establish performance benchmarks
3.2 Infrastructure Setup
Set up Nynox-Managed Infrastructure
Configure hosting environments (development, testing, production) Establish network connectivity and security protocols Set up monitoring and alerting systems
Configure backup and recovery mechanisms
3.3 Data Collection & Processing
Inventory and analyze existing website content
Develop content extraction and indexing strategy
Implement data cleansing and normalization procedures Create and optimize vector embeddings for AI search
Establish metadata tagging conventions
3.4 SmartSearch Engine Development
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Develop core search algorithm customized to CoM requirements Implement contextual understanding capabilities
Create natural language processing interface
Build relevance ranking system with municipal focus
Develop result filtering and categorization features
3.5 Integration & Implementation
Integrate SmartSearch with modestogov.com
Implement search UI/UX elements
Configure search result display templates
Enable analytics and reporting features
3.6 Testing & Quality Assurance
Conduct functional testing across multiple devices and browsers Perform performance and load testing
Execute security and vulnerability assessments
Conduct user acceptance testing
Verify analytics and reporting accuracy
3.7 Deployment & Go-Live
Develop detailed deployment plan
Execute production deployment
Conduct post-deployment validation
Monitor system performance
Address any immediate issues
3.8 Maintenance & Support
Provide ongoing system monitoring
Implement regular updates and improvements
Conduct periodic performance reviews
Provide technical support
Review and optimize search patterns
4. OUT OF SCOPE
The following items are specifically excluded from this SOW:
Set up infrastructure for Self-Hosted Infrastructure
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Data extraction or indexing from external websites linked from the main website Development of new content for the City of Modesto website Training of end-users (citizens) on search functionality Integration with internal city systems not directly connected to the website Custom mobile application development
Offline search capabilities
Historical content archiving older than 7 years
Support for non-standard or end-of-life browsers
Print-optimized search results
5. PROJECT TIMELINE
Nynox shall undertake the services according to the following indicative timescales subject to further analysis and requirements:
Activity Week No. Detailed Activities
Planning & Design 1
- Project kickoff
- Requirements gathering
- Technical planning
- Environment setup
Development 2-3
- Core search development
- Integration with website
- UI implementation
- Initial data collection and indexing
Testing (Nynox) 4
- Internal QA testing
- Performance testing
- Security testing
- Bug fixes
Testing (CoM) 5
- User acceptance testing
- Stakeholder reviews
- Final adjustments
Cut-over & Go-live 5
- Production deployment
- Go-live verification
- Initial performance monitoring
Hypercare 6+ - Post-launch support
- Performance optimization
6. PROJECT MANAGEMENT
Nynox and City of Modesto shall take an approach to project implementations that empower CoM to acquire knowledge and actively participate in key decisions through every phase of the engagement. #3..
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The implementation is flexible and dynamic, allowing for quick, iterative releases that will enable CoM to realize rapid time to value.
A core objective of the approach in implementation will be to achieve City's services readiness and end-user adoption, while ensuring risk management and proper project management discipline throughout.
6.1 Project Governance Structure
The project will utilize the following governance structure:
6.1.1 Executive Steering Committee
Meeting Frequency: Monthly
Participants: Project Sponsors, Project Directors, Key Stakeholders Purpose: Strategic oversight, issue escalation, major decision approval
6.1.2 Project Management Team
Meeting Frequency: Weekly
Participants: Project Managers from Nynox and CoM, Team Leads Purpose: Tactical oversight, progress tracking, risk management
6.1.3 Technical Working Group
Meeting Frequency: Bi-weekly
Participants: Technical Leads, Subject Matter Experts Purpose: Technical decision-making, standards alignment, architecture validation
6.1.4 Implementation Team
Meeting Frequency: Daily stand-ups
Participants: All project team members
Purpose: Day-to-day coordination, issue identification, task management
6.2 Project Phases
The key project phases include:
1. Planning & Design
2. Development (Build)
3. Testing
4. Deployment
5. Hypercare
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During the Planning & Design phases, Nynox will collaborate with City of Modesto to map out the key use cases and make fundamental decisions about search design to optimize overall performance and user experience.
Business requirements are broken down into discrete pieces of functionality called User Stories, and the User Stories are prioritized to ensure the most critical functionality is delivered first. Development is split into phases called 'Sprints', and progress is measured over each sprint to identify as early as possible any risk of missing the final deadline. During the development, or the build phase, agile principles are applied where practical, aiming to improve the quality of the end product by involving the business throughout the process.
6.3 Communication Plan
Communication
Type Frequency Format Participants Owner
Status Reports Weekly Written report with
dashboard Project Team, Stakeholders Nynox PM
Executive Updates Monthly Presentation Executive Sponsors, Steering Committee
Nynox PM, CoM
PM
Team Meetings Daily Stand-up Implementation Team Nynox Team Lead
Technical Reviews Weekly Working session Technical Team Nynox Technical Lead
Risk Reviews Bi-weekly Meeting Project Management Team Nynox PM, CoM PM
User Testing
Feedback As needed Report Project Team CoM Testing Lead
7. PROJECT DELIVERABLES
The project deliverables, with noted responsibility, are listed below and are aligned with the project phases:
Project Phase Deliverables (Responsibility) Milestone
Planning
- Project Kick Off (Nynox)
- RACI Log (Nynox)
- Requirements Document (CoM)
- User Stories (Nynox)
- Project Plan (Nynox)
- Communication Plan (Nynox)
- Project Start (Kick Off)
Design & Refinement
- Evaluate data system's access,
integration, and storage requirements
(Nynox)
- Define Output format (CoM)
- Acceptance of User Stories,
Design and Implementation Plan
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Project Phase Deliverables (Responsibility) Milestone
- Baseline existing search results &
performance (Nynox & CoM)
- Set up Nynox accounts for system access
- Design Document (Nynox)
- Data flow between system components
(Nynox)
- Implementation Plan (Nynox)
- RAID Log (Nynox)
- Technical Architecture Document (Nynox)
- Security Design Document (Nynox)
Development/ Build
Sprints (1-x)
- Set up SmartSearch website (Nynox)
- Data Collection & system training (Nynox)
- Redirect website endpoints to
SmartSearch (Nynox)
- Set up incremental refresh (Nynox)
- Sprint Reviews (Nynox)
- Sprint Testing (CoM)
- Test Issue Tracker (CoM logs issues)
- Test Plan (CoM)
- Test Objectives Definition and/or Test
Search Queries Creation (CoM)
- RAID Log (Nynox)
- Developed Features (Nynox)
- Sprint Reviews Sprints (1-x)
Delivery of each Sprint
- Acceptance of Sprint
Deliverables
Test (UAT - CoM IT)
- Documented UAT results (CoM),
- Test Issues logged (in Test Issue Tracker)
(CoM),
- Test Issues resolution notes (in Test
Issue Tracker) (Nynox),
- UAT Acceptance/ sign-off (CoM),
- User Story Acceptance (CoM)
- Performance Test Results (Nynox)
- Security Test Results (Nynox)
- UAT Acceptance
Deployment
- Documentation to approve deployment
(CoM)
- Deployment Plan (Nynox)
- Rollback Plan (Nynox)
- Go-Live Checklist (Nynox)
- Production Deployment Report (Nynox)
- Go/ No Go Decision,
- Production deployment
Hypercare
- Track system: Uptime, errors, usage &
workload (Nynox)
- Post implementation support for issue
resolution (Nynox)
- Review search phrases weekly / fine tune
SmartSearch model (Nynox)
- Throughout project duration
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Project Phase Deliverables (Responsibility) Milestone
- Optimize performance as required
(Nynox)
- Review usage stats (Nynox)
- Conduct admin user training (Nynox)
- Daily Project Delivery team meetings
(Nynox + CoM)
- Weekly Project Status (Nynox)
- RAID Log (Nynox + CoM)
- Team meeting recordings (Nynox)
- Daily Test Meetings (CoM + Nynox)
- Performance Reports (Nynox)
- Tuning Recommendations (Nynox)
Close
- Project Close (Nynox)
- Lessons Learned Document (Nynox &
CoM)
- Knowledge Transfer Documentation
(Nynox)
- Final Project Report (Nynox)
- Transition to Operations Plan (Nynox)
- Project Closure Approval
8. CHANGE MANAGEMENT
8.1 Change Request Process
Should the need arise for a Change Order, Nynox and CoM will work collaboratively to agree on the scope, details and prioritization of the change.
In the event of a Change Order, Nynox will provide an addendum to this SOW, including:
Summary of change
Rationale for the change
Estimated work effort and proposed resource allocation with corresponding cost Impact assessment on timeline, scope, and budget
Dependencies and risks introduced by the change
Implementation approach for the change
City of Modesto will provide formal sign off for the Change, ahead of Nynox commencing the work.
8.2 Change Review Board
A Change Review Board (CRB) will be established to evaluate and approve all change requests. The CRB will include:
CoM Project Manager
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Nynox Project Manager
CoM Technical Lead
Nynox Technical Lead
Additional stakeholders as needed based on the nature of the change
8.3 Change Request Timeline
Activity Timeframe
Change Request
Submission As needed
Initial Impact
Assessment Within 3 business days
Detailed Analysis Within 5 business days for simple changes; 10 business days for complex changes
Change Approval
Date
Assess impact on the current scope of work and determine when change needs to be approved (specific date) without impacting on the on-going project nor cause major delays.
CRB Review Weekly or as needed
Change
Implementation As scheduled following approval
9. PROJECT RISKS
9.1 Flexibility and Scope Management
The agile nature of the implementation means that requirements can be re-prioritized during the course of the project. Throughout the project, the project team must be able to react quickly and adjust the course. Time, scope, and resources will be closely monitored and managed throughout the engagement. The project team will collaboratively decide how to re-allocate time, edit scope and reassign resources should the project require this.
9.2 Cost and Scope Management
The price estimate for this project has been provided based on the information reviewed to date. The parties acknowledge that certain objectives and deliverables may require intermediate steps that are not identified or performed until the services have progressed to a certain point. As a result, the timeline and scope of services may need to be adjusted during the term of this SOW based on such unknowns. If necessary, the project delivery team, including CoM will agree on a change order in the event of a significant change that impacts cost.
9.3 Key Risk Factors
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Risk Probability Impact Mitigation Strategy
Data quality issues in existing
website content Medium High Early content audit; develop data cleansing procedures Integration complexity with
existing website Medium High Conduct detailed technical discovery; plan for additional integration time User adoption challenges Low Low Engage stakeholders early; develop training materials; implement feedback mechanisms
Performance issues with
large data volumes Low High Implement robust performance testing; design for scalability Security vulnerabilities Low High Conduct security assessments; implement security best practices
Staff availability constraints Medium Medium Identify key resources; establish backup personnel; document knowledge
Scope creep High Medium Implement robust change management process; prioritize requirements
Technology limitations Low Medium Conduct technical feasibility assessment; identify alternatives
Timeline delays Medium Medium Build buffer into project plan; identify acceleration options
Budget constraints Low High Regular budget tracking; early identification of potential overruns
10. ASSUMPTIONS AND RESPONSIBILITIES
10.1 Planning and Administration
Nynox project delivery team will work remotely.
CoM will provide the required access to the relevant systems in a timely manner. CoM will be responsible for the review, acceptance, and sign-off of all deliverables in a timely manner.
CoM will ensure active participation in activities as and when required throughout the duration of the project.
CoM will ensure that skilled, knowledgeable, and accountable CoM project representatives attend all meetings, discussions, workshops, planning, and training sessions as required throughout the project where practical. These may include requirement workshops, daily project meetings, sprint reviews, training, and testing sessions. CoM will provide a single point of contact who will be responsible for coordinating CoM resources and making decisions on behalf of CoM.
Nynox will provide a dedicated Project Manager who will be responsible for overall project delivery.
All project documentation will be maintained in a shared project repository accessible to both Nynox and CoM team members.
Regular status meetings will be held as defined in the Communication Plan. Approvals for deliverables will be provided within 5 business days unless otherwise agreed. #3..
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10.2 Project Management Responsibility
Unless otherwise agreed, the City of Modesto and Nynox will jointly manage the activities of the project throughout the duration of the engagement.
Specifically, Nynox will primarily focus on managing the activities of the Nynox implementation team, whilst CoM will focus on managing the activities related to the project. Nynox will also be responsible for the following Project Management Office activities throughout the duration of the project unless otherwise agreed:
o Preparation and distribution of monthly status reports throughout the lifecycle of the project.
o Communication of planned actions and activities for the following week. o Maintenance of a Risk and Issues log to communicate any risks and issues that may arise during the lifecycle of the project and to initiate any escalations required. o Delivery of a resource tracking schedule to CoM on a monthly basis for the duration of the project.
o Facilitation of all project meetings and workshops.
o Management of the change control process.
o Coordination of all project activities and dependencies. o Tracking of project progress against the agreed schedule. o Escalation of issues and risks as appropriate.
10.3 Technical Responsibilities
10.3.1 Nynox Responsibilities
Provide all technical expertise required for SmartSearch implementation Configure and maintain all Nynox-managed infrastructure Design and implement the search algorithm and AI components Develop and test all integration components
Provide technical documentation for all implemented components Troubleshoot and resolve technical issues
Implement security best practices for all developed components Provide knowledge transfer to CoM technical staff where applicable
10.3.2 CoM Responsibilities
Provide access to website infrastructure and relevant systems Provide information about existing website architecture Make available technical resources for integration activities Participate in technical design reviews
Review and approve technical specifications
Provide test data and test scenarios
Conduct user acceptance testing
Identify and communicate technical issues
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11. IMPLEMENTATION APPROACH
To successfully implement SmartSearch within the 6-week timeline, Nynox will deploy a crossfunctional team with expertise in AI, data engineering, web development, analytics, and customer support. Below is a breakdown of the required team members and their responsibilities across each phase.
Role Responsibilities Estimated
Effort
Project Manager Oversee implementation, manage timelines, and communicate with the customer 50%
AI/ML Engineer Implement vector embeddings, fine-tune the search model, and optimize LLM responses. 75%
Data Engineer Set up and manage the vector database, data pipelines, and API integrations. 50%
Backend
Developer
Build and optimize search indexing, API endpoints, and
authentication. 50%
Frontend
Developer
Implement search UI/UX on the customer's website, ensure seamless integration 50%
DevOps Engineer Handle deployment, monitoring, and infrastructure setup. 50% QA Engineer Perform testing (functionality, security, performance) and fix issues before go-live. 25%
Information
Architect Design taxonomy, metadata structure, and content organization 25% UX Designer Create user-friendly query results presentation 25%
11.1 Implementation Methodology
Nynox will utilize an agile implementation methodology with two-week sprints. Each sprint will include:
Sprint planning
Daily stand-ups
Sprint review
Sprint retrospective
Continuous integration and testing
11.2 Quality Assurance Approach
Nynox will implement a comprehensive quality assurance approach including:
Automated testing for core functionality
Performance testing to ensure search speed meets requirements Security testing to identify and address vulnerabilities User acceptance testing to validate user experience
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Code reviews to maintain code quality
Continuous integration and deployment pipeline
12. TECHNICAL SPECIFICATIONS
12.1 Search Engine Architecture
The SmartSearch Engine will be implemented using a modern, scalable architecture consisting of the following components:
Frontend Interface: Responsive search UI integrated with modestogov.com API Layer: RESTful APIs for search queries and administration Semantic Understanding Layer: AI-based natural language processing Vector Database: For efficient similarity search and embeddings storage Content Indexing Engine: For fast document retrieval
Analytics Engine: For tracking search metrics and performance Administration Portal: For managing search configuration and tuning
12.2 Performance Requirements
The SmartSearch Engine will meet the following performance requirements:
Search Response Time: < 500ms for 95% of queries
Indexing Latency: < 15 minutes for new content
Availability: 99.9% uptime (excluding scheduled maintenance) Concurrency: Support for 500 simultaneous users
Scalability: Ability to handle 100,000 indexed documents Browser Compatibility: Support for Chrome, Firefox, Safari, Edge (latest 2 versions) Mobile Compatibility: Responsive design for all major mobile devices
12.3 Integration Requirements
SmartSearch will integrate with the following systems:
City of Modesto website (modestogov.com) via JavaScript integration Web analytics platform for tracking search metrics
Content Management System for content indexing
Authentication system (if applicable)
13. ACCEPTANCE CRITERIA
13.1 Functional Acceptance Criteria
The SmartSearch implementation will be considered accepted when it meets the following criteria:
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1. Search functionality is fully integrated with modestogov.com
2. Search results are relevant to user queries as determined by UAT
3. All agreed features and functions are implemented and functioning correctly
4. System performs according to the defined performance requirements
5. All critical and high-priority issues identified during testing are resolved
6. Analytics and reporting features are functioning correctly
13.2 Acceptance Testing Process
The acceptance testing process will include:
1. Preparation:
o Test plan development
o Test case creation
o Test environment setup
2. Execution:
o Functional testing
o Performance testing
o User acceptance testing
o Security testing
3. Evaluation:
o Issue tracking and resolution
o Regression testing
o Final acceptance review
13.3 Acceptance Sign-off
Final acceptance will require formal sign-off from:
CoM Project Manager
CoM IT Director
CoM Website Manager
Additional stakeholders as identified by CoM
14. SERVICE LEVEL AGREEMENTS
14.1 System Availability
Production system will maintain 99.9% availability measured monthly, excluding scheduled maintenance windows
Scheduled maintenance will be limited to off-peak hours and communicated at least 72 hours in advance
Emergency maintenance will be communicated as soon as possible
14.2 Performance Metrics
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Search response time will not exceed 500ms for 95% of queries System will support at least 500 concurrent users without performance degradation Indexing of new content will complete within 15 minutes of publication
14.3 Support Response Times
Issue Severity Initial Response Resolution Target Escalation Timeline Critical 1 hour 4 hours 2 hours to management
High 4 hours 8 hours 8 hours to management
Medium 8 hours 3 business days 2 business days to management Low 16 hours 5 business days 4 business days to management
15.4 Monitoring and Reporting
System monitoring will be continuous (24/7/365)
Performance reports will be provided monthly
Incident reports will be provided within 48 hours of resolution Usage analytics will be provided monthly
15. INTELLECTUAL PROPERTY RIGHTS
15.1 Ownership
Nynox retains ownership of all pre-existing intellectual property and the SmartSearch Engine technology
CoM retains ownership of all content, data, and customizations specific to CoM implementation Nynox grants CoM a perpetual, non-exclusive license to use the SmartSearch Engine for the duration of the subscription
15.2 Licensing Terms
SmartSearch Engine is licensed on a subscription basis License permits use on modestogov.com domain ONLY
Additional domains or usage beyond agreed limits will require additional licensing
15.3 IP Indemnification
Nynox warrants that the SmartSearch Engine does not infringe on any third-party intellectual property rights and will indemnify, defend, and holdharmless CoM against any claims of infringement, of any nature whatsoever, related to the SmartSearch Engine, except to the extent the claim is based on CoM’s modifications to the SmartSearch Engine.
16. DATA SECURITY AND PRIVACY
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16.1 Data Protection Measures
Nynox will implement the following data protection measures:
All data will be encrypted in transit and at rest
Access to data will be limited to authorized personnel only Multi-factor authentication for all administrative access Regular security audits and vulnerability assessments Timely application of security patches and updates
16.2 Compliance Requirements
The implementation will comply with:
City of Modesto security policies and standards
NIST Cybersecurity Framework
OWASP security best practices
Applicable state and federal regulations
Industry standard security protocols
16.3 Data Handling Procedures
No personally identifiable information (PII) will be collected without explicit consent Search query logs will be anonymized for analytics purposes Data retention periods will comply with CoM policies
Data access will be logged and monitored
Data breach notification procedures will be established
16.4 Security Auditing
Regular penetration testing will be conducted
Vulnerability scanning will be performed monthly
Security audit reports will be provided upon request
Security incidents will be reported immediately
17. WARRANTY
17.1 Service Warranty
Nynox warrants that all services will be performed in a professional manner consistent with industry standards and practices. Services that do not meet this standard will be re-performed at no additional cost to CoM.
17.2 Software Warranty
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Nynox warrants that the SmartSearch Engine will substantially conform to the specifications outlined in this SOW for a period of 90 days following acceptance. Nynox will promptly correct any defects identified during this warranty period at no additional cost to CoM.
17.3 Exclusions
The warranty does not cover:
Issues resulting from CoM's modification of the system Issues resulting from changes to CoM's website not coordinated with Nynox Performance issues resulting from infrastructure not under Nynox's control Issues resulting from force majeure events
17.4 Third-Party Components
For third-party components, Nynox will pass through any warranties provided by the third-party vendors to the extent possible.
18. DISASTER RECOVERY AND BUSINESS CONTINUITY
18.1 Backup and Recovery
Nynox will implement the following backup and recovery measures:
Daily incremental backups of all data
Weekly full backups
Geo-redundant storage of backups
Verification of backup integrity monthly
Recovery time objective (RTO) of 4 hours
Recovery point objective (RPO) of 1 hour
18.2 Business Continuity
Nynox will maintain a business continuity plan that includes:
Redundant infrastructure components
Geographic distribution of critical systems
Failover mechanisms for critical services
Regular testing of failover procedures
Alternate communication channels
Escalation procedures for service disruptions
18.3 Disaster Recovery Testing
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Nynox will conduct disaster recovery testing:
Annually for full system recovery
Quarterly for critical component recovery
Test results will be provided to CoM upon request
19. PRICING AND SUBSCRIPTION PLANS
The deployment of SmartSearch includes a one-time implementation cost, covering setup, integration, testing, and deployment, followed by an ongoing subscription plan for continuous use, maintenance, and support. This ensures that the solution remains optimized, up-to-date, and scalable as the organization evolves. Below is a breakdown of the pricing structure, including implementation, base plans and optional add-ons for additional functionality.
Nynox offers flexible pricing based on the website size, search volume and additional features.
19.1 Implementation Cost
Based on the proposed scope of work, the estimated implementation cost is going to be $75,000.00 USD.
This implementation cost includes:
Requirements gathering and analysis
System design and architecture
Development and customization
Integration with modestogov.com
Testing and quality assurance
Data migration and indexing
Deployment and go-live support
Project management
19.2 Ongoing Support
Based on the proposed scope of work, ongoing monthly services will be $5,000.00 USD / Month.
Monthly recurring costs include:
System monitoring and maintenance
Infrastructure hosting and management
Security updates and patches
Performance optimization
Content indexing and updates
Technical support (standard business hours)
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Monthly performance reports
Quarterly system reviews
19.3 Optional Add-Ons
Add-On Description Price
Analytics*
Basic: Search volume, most
searched topics, zero result queries
(INCLUDED)
From $299 to
$699/month
*These are example descriptions;
deliverables of applicable tiers will be
defined during the client assessment
phase of the project.
Standard: Click through rates, top
clicked resources, common followup searches
Advanced: AI driven topic
clustering, resident sentiment
analysis, usage heatmaps by
demographics
Impact/Well Being: Search to
action conversion, accessibility
tracking, AI recommendations for
resource allocation
Personalized Recommendations
AI-driven content/product
recommendations based on user
behavior.
$149/month
Real-Time Crawling Instant indexing of new content
instead of scheduled updates. $199/month
API Access Custom integration into internal
applications.
From $499/month per
integration (plus
implementation costs)
Extended Support Hours 24/7 support coverage with
guaranteed response times $999/month
Multi-language Support Support for additional languages beyond English
$299/month per
language
Custom UI Elements Specialized search interfaces for
specific departments or functions
From $199/month per
custom interface
Enhanced Security
Additional security measures
including advanced encryption and
access controls
$399/month
* Custom pricing available for additional requirements.
20. PAYMENT TERMS
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20.1 Implementation Fees
Implementation fees will be invoiced according to the following schedule:
50% upon contract signing
20% upon completion of development phase
20% upon completion of user acceptance testing
10% upon final acceptance and project closure
20.2 Subscription Fees
Monthly subscription fees will be invoiced monthly in advance First month's subscription fee will be invoiced upon go-live Subscription fees are due within 30 days of invoice date
20.3 Optional Add-Ons
Optional add-ons will be invoiced monthly in advance along with the base subscription Implementation costs for add-ons will be invoiced upon completion of the add-on implementation
20.4 Payment Methods
Payments can be made by electronic funds transfer or check Credit card payments are accepted for monthly subscription fees only All invoices are payable in US dollars
20.5 Late Payments
Payments received after the due date will incur a late fee of 1.5% per month Nynox reserves the right to suspend services for payments more than 60 days overdue
21. SIGNATORY PAGE
This Statement of Work is executed and constitute an agreement by:
___________________________ ___________________________ City of Modesto Nynox
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___________________________ ___________________________ Name and Title Name and Title
Date: / / 2025 Date: / / 2025
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www.nynox.solutions
SmartSearch
AI-Powered Search
February 7th, 2025
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www.nynox.solutions
Introduction
Nynox is pleased to present this proposal for implementing SmartSearch, our AIpowered contextual search solution for the City of Modesto (CoM) main website Modestogov.com.
Our SmartSearch Solution revolutionizes search capabilities by intelligently crawling website content, structuring it within a high-performance vector database, and utilizing advanced Generative AI to deliver precise, context-aware search results. This ensures users receive the most relevant information instantly, enhancing discovery, engagement, and overall experience.
By integrating SmartSearch directly with the city's main website, we will enhance citizen engagement, improve access to critical information, and streamline service delivery. Our intelligent search will reduce frustration, minimize response times, and empower residents with quick, accurate answers to their needs— whether it’s finding local resources, accessing permits, or getting real-time city updates.
Solution Overview
Our SmartSearch Solution is designed to revolutionize how users interact with content by delivering fast, accurate, and context-aware search results. Powered by advanced AI and Generative AI models, our solution enables seamless discovery of information, improving engagement and user experience.
With AI-Powered Search, we go beyond simple keyword matching to truly understand the intent behind queries, providing the most relevant results. RealTime Indexing ensures search results are always up to date, reflecting the latest content as soon as it’s available.
To maximize speed and efficiency, our vector database storage structures and retrieves information in a way that enhances performance and precision.
Organizations can further tailor their search environment with a customizable search experience, ensuring alignment with their unique branding and data needs.
Gain deep visibility into user interactions with analytics & insights, enabling decisions to optimize content and improve search relevance. Built for scale, our #3..
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solution is scalable & secure, supporting businesses as they grow with enterprise-grade security measures.
With SmartSearch, businesses and organizations can offer a frictionless, intelligent search experience that enhances discovery, engagement, and efficiency.
Key Features & Benefits:
• Enhanced Accuracy: By using AI to contextually analyze user search queries, SmartSearch ensures that the results are highly relevant and accurate, reducing the time users spend sifting through irrelevant information.
• High Confidence Results: The vector search mechanism ensures that only results with a high level of confidence are returned, improving user trust and satisfaction with the search outcomes.
• Improved User Experience: The combination of contextual analysis and vector search provides a seamless and intuitive search experience, making it easier for users to find exactly what they need. • Advanced Analytics: The system includes robust analytics capabilities, allowing clients to gain insights into user behaviors, search patterns, and content quality. This data can be used to continuously improve search experience and site content and performance.
• Scalability: SmartSearch is designed to handle large volumes of data and queries efficiently, making it suitable for businesses of all sizes. • Implementation Efficiency: SmartSearch is designed to be non-invasive, requiring at most extremely minor changes to the front-end website and no changes at all to the back-end systems.
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Proposed Scope of Work
Initial Implementation
The implementation of SmartSearch will be conducted in a phased approach to ensure smooth deployment, minimal disruption, and optimal search performance.
The process includes defining search requirements, setting up infrastructure, testing, analytics, and ongoing support to guarantee the best possible experience for users. Below is a high-level breakdown of the key implementation stages, delivered in 3 phases.
Assessment
01 Week 1
Deliverables:
• Scope Assessment
• Evaluate data
system’s access,
integration, and
storage
requirements.
• Define Output format
• Baseline existing
search results &
performance
• Set up Nynox
accounts for system
access.
Implementation
Week 2-5
02 Deliverables:
• Set up SmartSearch
w/ website
• Data Collection &
system training
• Redirect website
endpoints to
SmartSearch
• Set up incremental
refresh
• System Integration
Test (SIT)
• User Acceptance Test
(UAT)
• Go - Live.
Post Implementation
03 Deliverables:
• Track system: Uptime,
errors, usage &
workload
• Post implementation
support for issue
resolution
• Review search phrases
weekly / fine tune
SmartSearch model
• Optimize performance
as required
• Review usage stats
• Conduct admin user
training
Week 6+
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On-going Support
Nynox will provide monthly ongoing support services post implementation to:
• Support SmartSearch related issues
• Maintain and monitor the system
• Assist Modesto’s trained admins
• Analyze search phrases monthly and continuously fine tune the SmartSearch model
• Improve / Optimize SmartSearch performance as required • Manage ongoing SmartSearch version upgrades
Implementation Approach
To successfully implement SmartSearch within the 6-week timeline, we will deploy a cross-functional team with an expertise in AI, data engineering, web development, analytics, and customer support. Below is a breakdown of the required team members and their responsibilities across each phase.
Role Responsibilities Estimated Effort
Project Manager Oversee
implementation, manage
timelines, and
communicate with the
customer
50%
AI/ML Engineer Implement vector
embeddings, fine-tune
the search model, and
optimize LLM
responses.
75%
Data Engineer Set up and manage the
vector database, data
pipelines, and API
integrations.
50%
Backend Developer Build and optimize
search indexing, API
endpoints, and
authentication.
50%
Frontend Developer Implement search UI/UX
on the customer’s
50%
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website, ensure
seamless integration
DevOps Engineer Handle deployment,
monitoring, and
infrastructure setup.
50%
QA Engineer Perform testing
(functionality, security,
performance) and fix
issues before go-live.
25%
With this team, Nynox will follow a structured yet flexible implementation approach, ensuring that the CoM is actively involved in key decisions throughout the process. By leveraging iterative releases, the CoM can quickly realize value while maintaining adaptability to evolving requirements. The focus is on business readiness, seamless system integration, and end-user adoption, supported by strong project management and risk mitigation strategies.
The key project phases include:
1. Assessment
2. Implementation (Build) + Testing
3. Deployment & Hypercare
During the assessment phase, Nynox will evaluate the project scope, ensuring a clear understanding of the data to be included in SmartSearch. This includes determining data access, integration methods, and authentication processes to facilitate seamless connectivity. Scraping options and content storage solutions will be explored to optimize data retrieval and management. Additionally, the team will establish an agreed-upon output format and baseline the current search performance to measure improvements. To enable system access, Nynox accounts will be set up, ensuring smooth collaboration and implementation.
During the implementation phase, Nynox will set up SmartSearch with the new site details, ensuring a seamless integration process. Data collection will be conducted, followed by AI model training to enhance search accuracy. The existing site endpoint will be modified to redirect to SmartSearch, and incremental refresh mechanisms will be established to maintain up-to-date content.
System Integration Testing (SIT) will be performed by Nynox to validate system functionality, followed by User Acceptance Testing (UAT) to ensure alignment with business requirements. The team will then prepare for the cutover, leading #3..
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to a smooth transition and successful Go-Live. Post-launch, hyper-care period will be in place to monitor system performance, address any issues, and provide ongoing support for a stable and optimized search experience. *NOTE* Additional details such as Project Timeline and Deliverables Assumptions and Responsibilities will be reflected in a statement of work post proposal approval.
Pricing and Subscription Plans
The deployment of Smart Search includes a one-time implementation cost, covering setup, integration, testing, and deployment, followed by an ongoing subscription plan for continuous use, maintenance, and support. This ensures that your solution remains optimized, up-to-date, and scalable as your organization evolves. Below is a breakdown of the pricing structure, including implementation, base plans and optional add-ons for additional functionality.
We offer flexible pricing based on your website size, search volume and additional features.
Implementation Cost
Based on the proposed scope of work, the estimated implementation cost is going to be $75,000.00 USD
Licensing Fee & Ongoing Support
Based on the proposed scope of work, ongoing monthly services will be $5,000.00 USD / Month
*note* - Monthly occurring costs also include Basic Analytics (see additional options Optional Add-Ons)
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Optional Add-Ons
Add-On Description Price
Analytics*
*These are example
descriptions; deliverables
of applicable tiers will be
defined during the client
assessment phase of the
project.
Basic: Search volume, most searched
topics, zero result queries (INCLUDED)
Standard: click through rates, top clicked
resources, common follow-up searches
Advanced: AI driven topic clustering,
resident sentiment analysis, usage
heatmaps by demographics
Impact/Well Being: Search to action
conversion, accessibility tracking, AI
recommendations for resource allocation
From $299 to
$699/month
Personalized
Recommendations
AI-driven content/product
recommendations based on user
behavior.
$149/month
Real-Time
Crawling
Instant indexing of new content instead
of scheduled updates.
$199/month
API Access Custom integration into internal
applications.
From
$499/month
per integration
(plus
implementation
costs)
*Custom pricing available for additional requirements.
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ROI & Public Impact
Implementing Smart Search in a city environment brings significant benefits to both residents and government agencies. By making public services more accessible, improving engagement, and leveraging AI-driven insights, cities can enhance the efficiency and effectiveness of their digital initiatives. Below are key areas where this solution positively impacts community well-being and operational efficiency.
• Higher Community Engagement. Residents can quickly find relevant city services, emergency assistance, and public resources, improving access to critical information.
• Improved Digital Inclusivity. AI-powered search ensures all residents, including non-English speakers and those with disabilities, can access city services seamlessly.
• Better Service Delivery. Reduces frustration by guiding residents to the right department, resources, or self-service options, decreasing the burden on city helplines.
• Proactive Issue Detection. Tracks emerging trends in resident concerns (e.g., housing, healthcare, transportation) so city officials can respond faster.
• Optimized Resource Allocation. Analytics-driven insights help prioritize funding and staffing based on real-time community needs. • Enhanced Resident Satisfaction. A frictionless, AI-powered search experience improves trust and confidence in the city’s digital services.
Thank you from the Nynox Team
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CITY OF MODESTO
COMMITTEE AGENDA REPORT
DATE OF MEETING:
April 21, 2025
Date: April 2, 2025
TO: Finance Committee
Rosa Escutia-Braaton, Chair
David Wright, Vice-Chair
Nick Bavaro, Member
THROUGH: Joseph P. Lopez, City Manager
FROM: Dameon Booker, Chief Information Officer
SUBJECT: ESRI Small Government Enterprise Agreement Renewal CONTACT: James Dotson, Information Technology Manager
[email protected], 209-571-5508
DESCRIPTION:
Consider renewing the Agreement with Environmental Systems Research Institute, Inc. (ESRI) for the Small Government Enterprise License Agreement (SGEA) at $180,400 annually for a combined total amount not to exceed $541,200 over a three-year term and forwarding to Council for approval. (Funding Source: Information Technology Fund) STRATEGIC PLAN ELEMENT:
The recommended action supports the City’s 2020-2025 Strategic Plan Initiatives: Build community trust in city government through responsive, transparent, and efficient service delivery.
BACKGROUND:
The ESRI Geographical Information Systems (GIS) platform is the core mapping and spatial data software used by the Information Technology Department GIS division to provide and support mapping data and services to every City department. The ESRI GIS system is the industry standard software system that provides accurate spatial and visual geographical data worldwide.
The City Information Technology Department originally began purchasing individual and disparate ESRI ArcGIS product line application licenses in 1997. Over the years, the City has purchased and accumulated a total of 25 “concurrent licenses” as of 2023. Concurrent licenses allow a specific number of users to access the software simultaneously.
On February 14, 2017, by Resolution No. 2017-53, Council approved the purchase of a Real Time Crime Center Dashboard Software Solution for the Modesto Police Department (MPD). In the purchase of this software, additional costs were associated with system components supporting this Dashboard. This included the purchase of professional services and licenses for the installation and deployment of the entire ESRI ArcGIS Enterprise stack and including 250 Named #4..
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Finance Committee, April 21,2025
ESRI Small Government Enterprise Agreement Renewal
User Licenses. Different than the concurrent license model, the named user licenses were specifically needed for employee access to this new system supporting MPD.
On March 13, 2018, by Resolution No. 2018-117, Council approved the purchase of an enterprise license and the implementation of a Computerized Maintenance Management System (CMMS) with Lucity, Inc. initially supporting the Utilities Department. Additional costs were associated with other system components for this CMMS project and included the purchase of a department enterprise license for ESRI ArcGIS including 140 Named User Licenses. Again, this is similar to the purchase noted above supporting MPD, but these licenses were needed for this different CMMS. As demonstrated through these purchases of software solutions, the ESRI ArcGIS is a core component of other City information systems that depend on the ESRI ArcGIS mapping platform. Because of this, any information systems purchased that are dependent on this mapping platform will require additional named (user) licenses.
With a projected annual licensing cost increase beginning in 2023, the three (3) disparate ESRI legacy licensing agreements were combined into one ESRI Small Municipal and County Government Enterprise Agreement (SGEA) which guaranteed no price increase for two (2) years.
In addition to the fixed pricing, benefits were seen in the City’s standard licensing count. The City IT department’s primary ESRI deployment received 1,000 Creators/Viewers named licenses. In addition to this standard SGEA licensing, the ESRI Public Safety Named User Program, gave the Police Department access to 1,000 additional Creator user types at no extra cost. As shown, this provided the City an increased number of licenses through the combined SGEA.
DISCUSSION:
Renewing the ESRI SGEA is essential for maintaining efficient operations across City departments. ESRI’s ArcGIS software supports asset management, infrastructure planning, and service optimization, ensuring proactive maintenance, efficient waste collection, and tracking of water and wastewater operations.
GIS assists Public Safety through crime mapping, emergency response coordination, and enabling data-driven decision-making that improves resource allocation and service delivery.
Additionally, GIS enhances other operations-based applications by providing GIS layers consisting of City assets and boundary locations. Additionally, this technology supports internal and external web applications to track such things as City boundaries, locations of City assets, and district planning and zoning.
This SGEA is built to scale, providing the flexibility to allocate additional licenses, applications, extensions, and add-ons without incurring unplanned expenses. Centralized software license management through the ESRI portal simplifies administration by enabling easy product licensing, installation, technical support requests, and portfolio management. This streamlined approach increases operational efficiencies and enhances the accessibility of GIS tools for all City supported functions. Additionally, this renewal agreement establishes secured pricing for three (3) years, offering financial predictability and simplifies the City’s budget planning.
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, MMC 8-3.204(b) provides that a purchase may be exempted from the City’s formal bidding requirement where the Purchasing Agency’s requirements can be met solely by a single article or process. ESRI is the sole-source provider of ESRI products and related maintenance #4..
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Finance Committee, April 21,2025
ESRI Small Government Enterprise Agreement Renewal
services in the U.S. commercial, state, and local government marketplace. Therefore, staff recommends the SGEA of this Agreement to ESRI should be exempt from the formal bidding procedures in accordance with Modesto Municipal Code 8-3.204(b), since ESRI is the Sole Provider of Software.
FISCAL IMPACT:
Years one (1) through three (3) being budgeted in an operating cost center within the IT Fund as a part of the annual budget development process and reimbursed two (2) years in arrears as part of the IT Internal Service Fund (ISF) allocation. The expenses are included as part of the Fiscal Year 2025-26 proposed operating budget.
Year 1 Year 2 Year 3 Total
Subscription Fees $180,400 $180,400 $180,400 $541,200
RECOMMENDED COMMITTEE ACTION:
Staff Recommendations:
Motion recommending the Small Government Enterprise License Agreement renewal with Environmental Systems Research Institute, Inc. (ESRI) for a term of three years in the amount not to exceed $541,200 and forwarding to Council for approval.
Approved by:
Dameon Booker, Chief Information Officer
Joseph P. Lopez, City Manager
Attachments:
1. Agreement
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Quotation # Q-539002
Date: January 9, 2025
Environmental Systems Research Institute, Inc.
380 New York St
Redlands, CA 92373-8100
Phone: (909) 793-2853
DUNS Number: 06-313-4175 CAGE Code: 0AMS3
Customer # 155697 Contract #
City of Modesto
Information Technology
1010 10th St Ste 5500
Modesto, CA 95354-0875
To expedite your order, please attach a copy of ATTENTION: James Dotson this quotation to your purchase order. PHONE: 2095775358 Quote is valid from: 1/9/2025 To: 4/9/2025 EMAIL: [email protected] Material Qty Term Unit Price Total
193209 1 Year 1 $180,400.00 $180,400.00
Populations of 150,001 to 250,000 Small Government Enterprise Agreement Annual Subscription 193209 1 Year 2 $180,400.00 $180,400.00
Populations of 150,001 to 250,000 Small Government Enterprise Agreement Annual Subscription 193209 1 Year 3 $180,400.00 $180,400.00
Populations of 150,001 to 250,000 Small Government Enterprise Agreement Annual Subscription Subtotal: $541,200.00
Sales Tax: $0.00
Estimated Shipping and Handling (2 Day Delivery): $0.00 Contract Price Adjust: $0.00
Total: $541,200.00
Esri may charge a fee to cover expenses related to any customer requirement to use a proprietary vendor management, procurement, or invoice program.
For questions contact:
Corey Welsh
Email:
[email protected]
Phone:
(916) 448-2412 x1736
The items on this quotation are subject to and governed by the terms of this quotation, the most current product specific scope of use document found at https://assets.esri.com/content/dam/esrisites/media/legal/product-specific-terms-of-use/e300.pdf, and your applicable signed agreement with Esri. If no such agreement covers any item quoted, then Esri’s standard terms and conditions found at https://go.esri.com/MAPS apply to your purchase of that item. If any item is quoted with a multi-year payment schedule, then unless otherwise stated in this quotation, Customer is required to make all payments without right of cancellation. Third-party data sets included in a quotation as separately licensed items will only be provided and invoiced if Esri is able to provide such data and will be subject to the applicable third-party's terms and conditions. If Esri is unable to provide any such data set, Customer will not be responsible for any further payments for the data set. US Federal government entities and US government prime contractors authorized under FAR 51.1 may purchase under the terms of Esri’s GSA Federal Supply Schedule. Supplemental terms and conditions found at https://www.esri.com/en-us/legal/terms/state-supplemental apply to some US state and local government purchases. All terms of this quotation will be incorporated into and become part of any additional agreement regarding Esri’s offerings. Acceptance of this quotation is limited to the terms of this quotation. Esri objects to and expressly rejects any different or additional terms contained in any purchase order, offer, or confirmation sent to or to be sent by buyer. Unless prohibited by law, the quotation information is confidential and may not be copied or released other than for the express purpose of system selection and purchase/license. The information may not be given to outside parties or used for any other purpose without consent from Esri. Delivery is FOB Origin for customers located in the USA.
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Esri Use Only:
Cust. Name
Cust. #
PO #
Esri Agreement #
SMALL ENTERPRISE AGREEMENT
COUNTY AND MUNICIPALITY GOVERNMENT
(E214-6)
This Agreement is by and between the organization identified in the Quotation ("Customer") and Environmental Systems Research Institute, Inc. ("Esri").
This Agreement sets forth the terms for Customer's use of Products and incorporates by reference (i) the Quotation and (ii) the Master Agreement. Should there be any conflict between the terms and conditions of the documents that comprise this Agreement, the order of precedence for the documents shall be as follows: (i) the Quotation, (ii) this Agreement, and (iii) the Master Agreement. This Agreement shall be governed by and construed in accordance with the laws of the state in which Customer is located without reference to conflict of laws principles, and the United States of America federal law shall govern in matters of intellectual property. The modifications and additional rights granted in this Agreement apply only to the Products listed in Table A.
Table A
List of Products
Uncapped Quantities (annual subscription)
ArcGIS Enterprise Software and Extensions
ArcGIS Enterprise (Advanced and Standard)
ArcGIS Monitor
ArcGIS Enterprise Extensions: ArcGIS 3D Analyst, ArcGIS Spatial Analyst, ArcGIS Geostatistical Analyst, ArcGIS
Network Analyst, ArcGIS Data Reviewer
ArcGIS Online User Types
ArcGIS Online Viewer User Types
Capped Quantities (annual subscription)
ArcGIS Online User Types ArcGIS Enterprise User Types
ArcGIS Online Contributor User Type 50 ArcGIS Enterprise Contributor User Type 50 ArcGIS Online Mobile Worker User Type 175 ArcGIS Enterprise Mobile Worker User Type 175 ArcGIS Online Creator User Type 175 ArcGIS Enterprise Creator User Type 175 ArcGIS Online Professional User Type 50 ArcGIS Enterprise Professional User Type 50 ArcGIS Online Professional Plus User Type 50 ArcGIS Enterprise Professional Plus User Type 50 ArcGIS Pro (Add-on Apps) for ArcGIS Online Creator or
Professional User Type
ArcGIS Pro (Add-on Apps) for ArcGIS Enterprise
Creator or Professional User Type
ArcGIS 3D Analyst, ArcGIS Data Reviewer,
ArcGIS Geostatistical Analyst, ArcGIS Network
Analyst, ArcGIS Publisher, ArcGIS Spatial
Analyst, ArcGIS Workflow Manager, ArcGIS
Image Analyst
50 each
ArcGIS 3D Analyst, ArcGIS Data Reviewer,
ArcGIS Geostatistical Analyst, ArcGIS Network
Analyst, ArcGIS Publisher, ArcGIS Spatial
Analyst, ArcGIS Workflow Manager, ArcGIS
Image Analyst
50 each
ArcGIS Online Apps and Other ArcGIS Enterprise Apps
ArcGIS Location Sharing for ArcGIS Online 50 ArcGIS Location Sharing for ArcGIS Enterprise 50 ArcGIS Online Service Credits 125,000
Other Benefits
Number of Esri User Conference registrations provided annually 5 Number of Tier 1 Help Desk individuals authorized to call Distributor 5 Five percent (5%) discount on all individual commercially available instructor-led training classes at Esri facilities purchased outside this Agreement
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Customer may accept this Agreement by signing and returning the whole Agreement with (i) the Quotation attached, (ii) a purchase order, or (iii) another document that matches the Quotation and references this Agreement ("Ordering Document"). ADDITIONAL OR CONFLICTING TERMS IN CUSTOMER'S PURCHASE
ORDER OR OTHER DOCUMENT WILL NOT APPLY, AND THE TERMS OF THIS AGREEMENT WILL GOVERN. This Agreement is effective as of the date of Esri's receipt of an Ordering Document, unless otherwise agreed to by the parties ("Effective Date").
Term of Agreement: Three (3) years
This Agreement supersedes any previous agreements, proposals, presentations, understandings, and arrangements between the parties relating to the licensing of the Products. Except as provided in Article 4— Product Updates, no modifications can be made to this Agreement.
Accepted and Agreed:
(Customer)
By:
Authorized Signature
Printed Name:
Title:
Date:
CUSTOMER CONTACT INFORMATION
Contact: Telephone:
Address: Fax:
City, State, Postal Code: E-mail:
Country:
Quotation Number (if applicable):
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1.0—ADDITIONAL DEFINITIONS
In addition to the definitions provided in the Master
Agreement, the following definitions apply to this
Agreement:
"Case" means a failure of the Software or Online
Services to operate according to the Documentation
where such failure substantially impacts operational
or functional performance.
"Deploy", "Deployed" and "Deployment" mean to
redistribute and install the Products and related
Authorization Codes within Customer's
organization(s).
"Fee" means the fee set forth in the Quotation.
"Maintenance" means Tier 2 Support, Product
updates, and Product patches provided to Customer
during the Term of Agreement.
"Master Agreement" means the applicable master
agreement for Esri Products incorporated by this
reference that is (i) found at https://www.esri.com/enus/legal/terms/full-master-agreement and available in the installation process requiring acceptance by
electronic acknowledgment or (ii) a signed Esri
master agreement or license agreement that
supersedes such electronically acknowledged
master agreement.
"Product(s)" means the products identified in
Table A—List of Products and any updates to the list
Esri provides in writing.
"Quotation" means the offer letter and quotation
provided separately to Customer.
"Technical Support" means the technical
assistance for attempting resolution of a reported
Case through error correction, patches, hot fixes,
workarounds, replacement deliveries, or any other
type of Product corrections or modifications.
"Tier 1 Help Desk" means Customer's point of
contact(s) to provide all Tier 1 Support within
Customer's organization(s).
"Tier 1 Support" means the Technical Support
provided by the Tier 1 Help Desk.
"Tier 2 Support" means the Esri Technical Support
provided to the Tier 1 Help Desk when a Case
cannot be resolved through Tier 1 Support.
2.0—ADDITIONAL GRANT OF LICENSE
2.1 Grant of License. Subject to the terms and
conditions of this Agreement, Esri grants to
Customer a personal, nonexclusive,
nontransferable license solely to use, copy, and
Deploy quantities of the Products listed in
Table A—List of Products for the Term of
Agreement (i) for the applicable Fee and (ii) in
accordance with the Master Agreement.
2.2 Consultant Access. Esri grants Customer the
right to permit Customer's consultants or
contractors to use the Products exclusively for
Customer's benefit. Customer will be solely
responsible for compliance by consultants and
contractors with this Agreement and will ensure
that the consultant or contractor discontinues
use of Products upon completion of work for
Customer. Access to or use of Products by
consultants or contractors not exclusively for
Customer's benefit is prohibited. Customer may
not permit its consultants or contractors to install
Software or Data on consultant, contractor, or
third-party computers or remove Software or
Data from Customer locations, except for the
purpose of hosting the Software or Data on
Contractor servers for the benefit of Customer.
3.0—TERM, TERMINATION, AND EXPIRATION
3.1 Term. This Agreement and all licenses
hereunder will commence on the Effective Date
and continue for the duration identified in the
Term of Agreement, unless this Agreement is
terminated earlier as provided herein. Customer
is only authorized to use Products during the
Term of Agreement. For an Agreement with a
limited term, Esri does not grant Customer an
indefinite or a perpetual license to Products.
3.2 No Use upon Agreement Expiration or
Termination. All Product licenses, all
Maintenance, and Esri User Conference
registrations terminate upon expiration or
termination of this Agreement.
3.3 Termination for a Material Breach. Either party
may terminate this Agreement for a material
breach by the other party. The breaching party
will have thirty (30) days from the date of written
notice to cure any material breach.
3.4 Termination for Lack of Funds. For an
Agreement with government or government-
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owned entities, either party may terminate this
Agreement before any subsequent year if
Customer is unable to secure funding through
the legislative or governing body's approval
process.
3.5 Follow-on Term. If the parties enter into
another agreement substantially similar to this
Agreement for an additional term, the effective
date of the follow-on agreement will be the day
after the expiration date of this Agreement.
4.0—PRODUCT UPDATES
4.1 Future Updates. Esri reserves the right to
update the list of Products in Table A—List of
Products by providing written notice to
Customer. Customer may continue to use all
Products that have been Deployed, but support
and upgrades for deleted items may not be
available. As new Products are incorporated into
the standard program, they will be offered to
Customer via written notice for incorporation into
the Products schedule at no additional charge.
Customer's use of new or updated Products
requires Customer to adhere to applicable
additional or revised terms and conditions in the
Master Agreement.
4.2 Product Life Cycle. During the Term of
Agreement, some Products may be retired or
may no longer be available to Deploy in the
identified quantities. Maintenance will be subject
to the individual Product Life Cycle Support
Status and Product Life Cycle Support Policy,
which can be found at
https://support.esri.com/en/otherresources/product-life-cycle. Updates for Products in the mature and retired phases may
not be available. Customer may continue to use
Products already Deployed, but Customer will
not be able to Deploy retired Products.
5.0—MAINTENANCE
The Fee includes standard maintenance benefits
during the Term of Agreement as specified in the
most current applicable Esri Maintenance and
Support Program document (found at
https://www.esri.com/enus/legal/terms/maintenance). At Esri's sole discretion, Esri may make patches, hot fixes, or
updates available for download. No Software other
than the defined Products will receive Maintenance.
Customer may acquire maintenance for other
Software outside this Agreement.
a. Tier 1 Support
1. Customer will provide Tier 1 Support
through the Tier 1 Help Desk to all
Customer's authorized users.
2. The Tier 1 Help Desk will be fully trained in
the Products.
3. At a minimum, Tier 1 Support will include
those activities that assist the user in
resolving how-to and operational questions
as well as questions on installation and
troubleshooting procedures.
4. The Tier 1 Help Desk will be the initial point
of contact for all questions and reporting of a
Case. The Tier 1 Help Desk will obtain a full
description of each reported Case and the
system configuration from the user. This
may include obtaining any customizations,
code samples, or data involved in the Case.
5. If the Tier 1 Help Desk cannot resolve the
Case, an authorized Tier 1 Help Desk
individual may contact Tier 2 Support. The
Tier 1 Help Desk will provide support in such
a way as to minimize repeat calls and make
solutions to problems available to
Customer’s organization.
6. Tier 1 Help Desk individuals are the only
individuals authorized to contact Tier 2
Support. Customer may change the Tier 1
Help Desk individuals by written notice to
Esri.
b. Tier 2 Support
1. Tier 2 Support will log the calls received
from Tier 1 Help Desk.
2. Tier 2 Support will review all information
collected by and received from the Tier 1
Help Desk including preliminary documented
troubleshooting provided by the Tier 1 Help
Desk when Tier 2 Support is required.
3. Tier 2 Support may request that Tier 1 Help
Desk individuals provide verification of
information, additional information, or
answers to additional questions to
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supplement any preliminary information
gathering or troubleshooting performed by
Tier 1 Help Desk.
4. Tier 2 Support will attempt to resolve the
Case submitted by Tier 1 Help Desk.
5. When the Case is resolved, Tier 2 Support
will communicate the information to Tier 1
Help Desk, and Tier 1 Help Desk will
disseminate the resolution to the user(s).
6.0—ENDORSEMENT AND PUBLICITY
This Agreement will not be construed or interpreted
as an exclusive dealings agreement or Customer's
endorsement of Products. Either party may publicize
the existence of this Agreement.
7.0—ADMINISTRATIVE REQUIREMENTS
7.1 OEM Licenses. Under Esri's OEM or Solution
OEM programs, OEM partners are authorized to
embed or bundle portions of Esri products and
services with their application or service. OEM
partners' business model, licensing terms and
conditions, and pricing are independent of this
Agreement. Customer will not seek any discount
from the OEM partner or Esri based on the
availability of Products under this Agreement.
Customer will not decouple Esri products or
services from the OEM partners' application or
service.
7.2 Annual Report of Deployments. At each
anniversary date and ninety (90) calendar days
prior to the expiration of this Agreement,
Customer will provide Esri with a written report
detailing all Deployments. Upon request,
Customer will provide records sufficient to verify
the accuracy of the annual report.
8.0—ORDERING, ADMINISTRATIVE
PROCEDURES, DELIVERY, AND
DEPLOYMENT
8.1 Orders, Delivery, and Deployment
a. Upon the Effective Date, Esri will invoice
Customer and provide Authorization Codes to
activate the nondestructive copy protection
program that enables Customer to download,
operate, or allow access to the Products. If this
is a multi-year Agreement, Esri may invoice the
Fee up to thirty (30) calendar days before the
annual anniversary date for each year.
b. Undisputed invoices will be due and payable
within thirty (30) calendar days from the date of
invoice. Esri reserves the right to suspend
Customer's access to and use of Products if
Customer fails to pay any undisputed amount
owed on or before its due date. Esri may charge
Customer interest at a monthly rate equal to the
lesser of one percent (1.0%) per month or the
maximum rate permitted by applicable law on
any overdue fees plus all expenses of collection
for any overdue balance that remains unpaid
ten (10) days after Esri has notified Customer of
the past-due balance.
c. Esri's federal ID number is 95-2775-732.
d. If requested, Esri will ship backup media to the
ship-to address identified on the Ordering
Document, FOB Destination, with shipping
charges prepaid. Customer acknowledges that
should sales or use taxes become due as a
result of any shipments of tangible media, Esri
has a right to invoice and Customer will pay any
such sales or use tax associated with the receipt
of tangible media.
8.2 Order Requirements. Esri does not require
Customer to issue a purchase order. Customer
may submit a purchase order in accordance with
its own process requirements, provided that if
Customer issues a purchase order, Customer
will submit its initial purchase order on the
Effective Date. If this is a multi-year Agreement,
Customer will submit subsequent purchase
orders to Esri at least thirty (30) calendar days
before the annual anniversary date for each
year.
a. All orders pertaining to this Agreement will be
processed through Customer's centralized point
of contact.
b. The following information will be included in
each Ordering Document:
(1) Customer name; Esri customer number, if
known; and bill-to and ship-to addresses
(2) Order number
(3) Applicable annual payment due
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9.0—MERGERS, ACQUISITIONS, OR
DIVESTITURES
If Customer is a commercial entity, Customer will
notify Esri in writing in the event of (i) a
consolidation, merger, or reorganization of Customer
with or into another corporation or entity;
(ii) Customer's acquisition of another entity; or (iii) a transfer or sale of all or part of Customer's
organization (subsections i, ii, and iii, collectively
referred to as "Ownership Change"). There will be
no decrease in Fee as a result of any Ownership
Change.
9.1 If an Ownership Change increases the
cumulative program count beyond the maximum
level for this Agreement, Esri reserves the right
to increase the Fee or terminate this Agreement
and the parties will negotiate a new agreement.
9.2 If an Ownership Change results in transfer or
sale of a portion of Customer's organization, that
portion of Customer's organization will transfer
the Products to Customer or uninstall, remove,
and destroy all copies of the Products.
9.3 This Agreement may not be assigned to a
successor entity as a result of an Ownership
Change unless approved by Esri in writing in
advance. If the assignment to the new entity is
not approved, Customer will require any
successor entity to uninstall, remove, and
destroy the Products. This Agreement will
terminate upon such Ownership Change.
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CITY OF MODESTO
COMMITTEE AGENDA REPORT
DATE OF MEETING:
April 21, 2025
Date: March 28, 2025
TO: Finance Committee
Rosa Escutia-Braaton, Chair
David Wright, Vice Chair
Nick Bavaro, Member
THROUGH: Joseph P. Lopez, City Manager
FROM: Bill Sandhu, Public Works Director
DeAnna Christensen, Director of Finance
SUBJECT: Equipment Parts and Service Agreements – Altec, Keyes, and Bonander CONTACT: Patrick Crowley, Senior Public Works Manager, [email protected], 209-342-2274
DESCRIPTION:
Consider Agreements for the purchase of Equipment and Vehicle Parts and Repair Services with Altec Industries, Inc., Dixon, CA; Keyes Truck Center, Keyes, CA; and Bonander Truck and Trailer, Turlock, CA for a total amount not to exceed $1,010,000 over five years and forwarding to Council for approval. (Funding Source: Fleet Fund, Outside Service Agreements) STRATEGIC PLAN ELEMENT:
These items support the City of Modesto 2020-2025 Strategic Plan Area of Focus: Governance and Service Delivery; “build community trust in City government through responsive, transparent, and efficient service Delivery”; Goal H: “achieve long-term financial sustainability.” BACKGROUND:
Public Works Fleet Services Division (Fleet) maintains and services approximately 1,580 vehicles, heavy equipment, buses, fire trucks, trailers, and other miscellaneous equipment citywide.
Additionally, Fleet has contract maintenance services with Stanislaus Regional Transit Authority (StanRTA) for countywide transit buses and five fire districts.
Each vehicle or piece of equipment has numerous parts to make the unit function safely and efficiently. Components can fail or break on any piece of equipment. Oftentimes it is impossible to predict these failures, and preparing a list of parts that will be required in any given Fiscal Year is not feasible. Downtime for any piece of equipment means that a crew or individual cannot perform their job duties, adversely impacts operations, and impacts service delivery to the community.
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Finance Committee, April 21, 2025
Equipment and Vehicle Parts Agreements – Altec, Keyes, and Bonander
An authorized agreement is necessary to provide efficient, effective and timely repairs to provide the equipment necessary to support public services for the community and provide the ability to execute repairs, purchase components, and utilize repair services. Establishing these new agreements will allow Fleet to obtain the parts required to maintain and repair vehicles and equipment in a timely manner and the repair services will provide additional support for in-house mechanics, reducing downtime for equipment and staff.
DISCUSSION:
The vehicle maintenance and repair services provided by Public Works Fleet Division have increased noticeably with the quantity of trailers (including specialized trailers), medium and heavy-duty vehicles, including specialized engines. New fleet vehicles have also been added to the City’s inventory with the addition or increase of City programs funded through Measure H which required the purchase of new equipment, which amounted to well over one hundred new vehicles in the past fiscal year. This, combined with aging equipment and industry price escalations for labor, parts and materials, has had a significant impact on budgets and vehicle availability.
Altec Industries, Inc. (Altec) and Keyes Truck Center (Keyes) Altec Industries, Inc. (Altec)
Altec is the authorized Altec dealer and distributor of specialized equipment, including parts and service. There are no other retailers or dealers currently authorized by Altec to distribute ALTEC original equipment manufacturer (OEM) parts; this is a sole source provider of service and parts for Altec equipment and vehicles. The City owns, operates, and maintains a variety of vehicles providing Altec equipment to the Forestry, Electrical, Water, and Wastewater Divisions. They also specialize in accessories and maintenance for maintaining vehicles serving utilities, telecommunications, tree care, lights and signs. Based on historical spending, staff estimates the cost for parts and service agreements with Altec at $25,000 annually, not to exceed $125,000 over five years.
Keyes Truck Center (Keyes)
Keyes Truck Center is the local authorized OEM Freightliner, RIZON, and Battle Motors dealer and service provider. Currently Public Works Fleet Services supports various City Departments with 33 Freightliner vehicles. Based on historical spending, staff estimates the cost for parts and service agreements with Keyes at $57,000 annually, not to exceed $285,000 over five years.
Modesto Municipal Code Section 8-3.203 generally requires all purchases that meet or exceed $100,000 for material, equipment, or contractual services to be formally bid. However, exceptions to the formal bidding process are granted in MMC 8-3.204(d) “Where the Purchasing Manager, in her discretion, determines that a process other than the formal bid procedure set for in Section 8-
3.203 will result in a procurement for the City at the lowest possible cost commensurate with the desired quality.” MMC 8-3.204(d) also provides that a purchase may be exempted where the Purchasing Manager, in her discretion, determines that a process other than the formal bid procedure set forth in Section 8-3.203 will result in a procurement for the City at the lowest possible cost commensurate with the desired quality. Altec and Keyes should be exempt from the formal bidding procedure in accordance with Modesto Municipal Code 8-3.204(d) since they are the original equipment manufacturer and the only vendor that is able to service the equipment.
Therefore, these purchases qualify for exemption from the formal bidding procedures. #5..
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Finance Committee, April 21, 2025
Equipment and Vehicle Parts Agreements – Altec, Keyes, and Bonander
Bonander Truck and Trailer (Bonander)
Bonander is a local firm that specializes in Western Star, Detroit, and GMC trucks, service, and parts. They have the ability to provide replacement parts for this equipment, critical services, repair and replacement parts in a timely manner. The ability to execute these repairs and to purchase components utilizing an authorized agreement will provide improved efficiency and minimize downtown of the equipment. Based on historical spending, staff estimates the cost for parts and service agreements with Bonander at $120,000 annually, not to exceed $600,000 over five years.
Modesto Municipal Code Section 8-3.203 generally requires all purchases that meet or exceed $100,000 for material, equipment, or contractual services to be formally bid. However, exceptions to the formal bidding process are granted in MMC 8-3.204(d) “Where the Purchasing Manager, in her discretion, determines that a process other than the formal bid procedure set for in Section 8-
3.203 will result in a procurement for the City at the lowest possible cost commensurate with the desired quality.” MMC 8-3.204(d) also provides that a purchase may be exempted where the Purchasing Manager, in her discretion, determines that a process other than the formal bid procedure set forth in Section 8-3.203 will result in a procurement for the City at the lowest possible cost commensurate with the desired quality. The parts and service agreement with Bonander has been evaluated by Purchasing and determined the to be result in a procurement for the City at the lowest possible cost commensurate with the desired service and parts as required by Fleet to provide timely and adequate service for critical vehicles for the City.
Therefore, these purchases qualify for exemption from the formal bidding procedures.
FISCAL IMPACT:
Sufficient funds are budgeted in Fiscal Year (FY) 2024-25 to cover the cost for these agreements.
The primary funding source for these agreements will be the Fleet Fund (5400), and secondary funding sources will include outside service agreements such as fire service contracts and StanRTA.
Below is a summary of the last five years of spending for the three vendors, which includes both parts and services.
Expenditures Altec Keyes Bonander Totals
2021 $ 19,050 - $ 16,031 $35,081
2022 $ 14,316 $ 24,644 $ 9,693 $48,653
2023 $ 20,581 $ 22,770 $ 20,314 $63,665
2024 $ 15,043 $ 48,640 $ 88,642 $152,325
2025 (year to date) $ 19,860 $ 25,613 $ 112,448 $157,921 Sub-Total $ 88,850 $ 121,667 $ 247,128 $457,645
Projected spending over the next five years for both the parts and service agreements for all three vendors is below. The pricing increase over the next five-year period includes estimated increased costs for labor and materials. These anticipated increases have been evaluated based upon the increased age of the City’s fleet, increasing labor rates, and the increased costs of replacement parts due in part impacted from global pressures on the purchase price of part procurements.
Spending across all three vendors is not anticipated to exceed $1,010,000 over five years. #5..
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Finance Committee, April 21, 2025
Equipment and Vehicle Parts Agreements – Altec, Keyes, and Bonander
Expenditures Altec Keyes Bonander Totals
Year 1 $ 25,000 $ 57,000 $ 120,000 $202,000
Year 2 $ 25,000 $ 57,000 $ 120,000 $202,000
Year 3 $ 25,000 $ 57,000 $ 120,000 $202,000
Year 4 $ 25,000 $ 57,000 $ 120,000 $202,000
Year 5 $ 25,000 $ 57,000 $ 120,000 $202,000
Sub-Total $ 125,000 $ 285,000 $ 600,000 $1,010,000
RECOMMENDED COMMITTEE ACTION:
Staff Recommendations:
Motion recommending Agreements for the purchase of Equipment and Vehicle Parts and Repair Services with Altec Industries, Inc., Dixon, CA; Keyes Truck Center, Keyes, CA; and Bonander Truck and Trailer, Turlock, CA for an estimated annual spend of $202,000, and a total amount not to exceed $1,010,000 over five years and forwarding to Council for approval.
Approved by:
Bill Sandhu, Public Works Director
DeAnna Christensen, Director of Finance
Joseph P. Lopez, City Manager
Attachments:
1. Parts Agreement 290209 – Altec Industries
2. Service Agreement 290207 – Altec Industries
3. Pricing Schedule - Altec Industries
4. Sole Source Letter - Altec Industries
5. Parts Agreement 284421 – Keyes Truck Center
6. Parts Agreement 284421 – Keyes - Parts Pricing Schedule
7. Service Agreement 283666 – Keyes Truck Center
8. Service Agreement 283666 – Keyes - Service Pricing Schedule
9. Parts Agreement 285282 – Bonander
10. Parts Agreement 285282 – Bonander - Parts Pricing Schedule
11. Service Agreement 284301 – Bonander
12. Service Agreement 284301 – Bonander - Service Pricing Schedule #5..
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1 ALTEC INDUSTRIES INC ANNUAL PURCHASE AGREEMENT – PARTS ONLY AGREEMENT # 290208
This agreement, hereinafter called AGREEMENT, made and entered into in the City of Modesto, 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 Altec Industries Inc., an Alabama Corporation, hereinafter called VENDOR,
W I T N E S E T H:
WHEREAS, the Modesto City Council adopted Resolution No. 2025-___ authorizing an agreement for the purchase of fire fleet materials, supplies or equipment described herein (the “GOODS”) to VENDOR, attached hereto as Exhibit “A” and made a part hereof, and WHEREAS, the VENDOR provided a sole source letter that best meets the CITY needs, attached hereto as Exhibit “B” and made a part hereof, and WHEREAS, the CITY and VENDOR shall enter into an agreement for the purchase of Parts as detailed at https://www.altec.com/altec-connect/, and
NOW, THEREFORE, the parties hereto mutually agree as follows:
1. TERM OF AGREEMENT: The term of the AGREEMENT shall be for a period of TWO YEARS with THREE one-year extension options at the sole discretion of City, for a total of up to five years.
Year one: MAY 1, 2025 THROUGH APRIL 30, 2026
Year two: MAY 1, 2026 THROUGH APRIL 30, 2027
Year three: MAY 1, 2027 THROUGH APRIL 30, 2028
Year four: MAY 1, 2028 THROUGH APRIL 30, 2029
Year five: MAY 1, 2029 THROUGH APRIL 30, 2030
2. PRICING:
A. Per the aforementioned Council Resolution, the annual estimated amount of the AGREEMENT is $12,500. The total amount paid by CITY to VENDOR over the full term of the AGREEMENT shall not exceed $62,500.
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2 B. Pricing during AGREEMENT Year one shall be as set forth as detailed at https://www.altec.com/altecconnect/.
C. Price increases for subsequent years two, three, four and five shall be updated annually on or about February 1st of each year. Additional price increases may be required in line with current market trends.
Current pricing for parts can be found at https://www.altec.com/altec-connect/.
3. USAGE: Vendor shall provide whatever quantities may be required during the term of this Agreement. No minimum or maximum quantities are guaranteed or implied by CITY.
4. ORDERING: Vendor shall deliver GOODS to the location specified within CITY’s purchase order. Unless otherwise specified by the Purchasing Division, no GOODS may be delivered to CITY unless a purchase order has been provided by CITY to VENDOR.
5. PAYMENT: All invoices shall be paid in full by CITY after completion and acceptance of the GOODS by the City, and receipt of a properly prepared invoice submitted by VENDOR via email to [email protected] . As specified by the Purchasing Division, every invoice must reference this AGREEMENT number or CITY’s purchase order number. VENDOR will be paid by CITY “Net 30 terms via CITY’s ePay Program”.
6. AMENDMENTS: No changes to this AGREEMENT shall be effective unless mutual agreement of the parties or the sole discretion of the City.
7. TERMINATION:
A. In the event either party fails to perform under this AGREEMENT or breaches any condition contained herein, the other party shall notify in writing the breaching party of the non-performance. Within 30 days after receipt of notification, the breaching party shall correct any non-performance to the reasonable satisfaction of the non-breaching party. Failure to correct any non-performance shall allow the non-breaching party to terminate this AGREEMENT for cause.
B. CITY may terminate this AGREEMENT for convenience upon thirty (30) days prior notice to VENDOR by CITY’s authorized employee.
8. INSPECTION: All GOODS are subject to inspection and test by the City for compliance with specifications as included herein, within a reasonable time after delivery. In the event GOODS are defective or not in conformity with this AGREEMENT or CITY’s purchase order, the CITY shall have the rights to either reject the GOODS or require correction. Defective articles or services shall be removed from CITY premises and/or corrected by and at the expense of VENDOR; provided that should the VENDOR fail, neglect or refuse to do so, the CITY shall thereupon have the right to purchase in the open market, in lieu thereof, a corresponding quantity of any such items. In the event that the VENDOR fails to make prompt delivery as specified for any item, the same conditions as to the rights of the CITY to purchase in the open market and to reimbursement set forth above shall apply, except when delivery is delayed by fire, strike, freight embargo, or Act of God or the government. Cost of inspection or deliveries or offers for delivery, which do not meet specifications, will be borne by the Bidder. Final acceptance shall be conclusive except as regards to latent defects, fraud, or such gross mistakes as amount to fraud. #5..
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3 9. RESPONSIBILITY: Unless otherwise specified, the VENDOR shall be responsible for all GOODS until delivered at CITY’s designated delivery point and shall bear all risks as to items rejected or requiring correction after notice of such rejection or correction is given.
10. SHIPMENT: Unless otherwise authorized by CITY’s Purchasing Division, GOODS shall be delivered F.O.B. Destination Freight Prepaid, and noted as a separate line item on the invoice. VENDOR may not collect freight collect or charge shipping expenses otherwise to CITY. Shipment must be made within the time stated on Purchase Order, failing which CITY reserves the right to purchase elsewhere and charge VENDOR with any loss incurred, unless delay in making shipment is due to unforeseeable causes beyond the control and without the fault or negligence of VENDOR.
11. CHANGES: A purchase order may at any time, by written order of the CITY, be changed in regard to the GOODS to be furnished, quantities ordered, unit price, discount, delivery point or arrangements, terms or any other matters affecting a valid PO. In the event such change causes an increase or decrease in the cost of performance hereunder, and equitable adjustment will be made for the cost thereof, subject to the approval of the Purchasing Manager, and written notice given therefore.
12. WARRANTY: Notwithstanding any other provisions of the purchase order, VENDOR will facilitate all warranties for the GOODS that are offered by the manufacturer. GOODS shall be of the most suitable grade as specified in this AGREEMENT, VENDOR’s own marketing materials and in the purchase order.
Moreover, VENDOR warrants and represents that GOODS shall comply with warranties of merchantability and fitness for a particular purpose. If a defect is discovered in any GOODS covered in this AGREEMENT, VENDOR shall help facilitate resolution through the manufacuturer, , including transportation/freight..
13. INSURANCE: Any purchase order where work, maintenance, or service is performed on CITY property requires appropriate insurance. VENDOR shall ensure proper insurance certificates are on file with the CITY prior to performing onsite work. Contact CITY’s Purchasing Division to verify the type of insurance required.
14. TAX EXEMPTIONS: The CITY is exempt from payment of federal excise tax. All invoices shall be exclusive of such excise tax. Moreover, if the CITY’s purchase is not subject to sales tax, the statement for resale will appear in the body of the purchase order.
15. INDEMNITIES:
A. VENDOR agrees to protect, indemnify and save harmless CITY and its agents, officers, employees, and volunteers from any claim, loss or damage from VENDOR’s, or the GOODs’, infringement of trademarks, patents, copyrights and unfair competition action with to any third party.
B. VENDOR shall hold the CITY and 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, to the extent arising out of any negligent act or omission or willful misconduct of VENDOR, or its agents, officers, employees, or subcontractors relating to or during the performance of its obligations under this AGREEMENT. VENDOR’s obligation to defend, indemnify, and hold the city, its agents, officers, and employees harmless under the provisions of this paragraph is not limited to or restricted by any requirement for VENDOR to procure and maintain a policy of insurance VENDOR. #5..
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4 16. GOVERNING LAW: This AGREEMENT shall be deemed made in, governed by, performed in, and construed and enforced in accordance with the laws of the State of California, U.S.A., without giving effect to its conflicts of law provisions or principles.
17. VENUE: Venue for any dispute or claim arising or related to this AGREEMENT its performance, breach, or interpretation (including issues about its validity or enforceability), shall be exclusively in the Superior Court of Stanislaus County or the United States District Court for the Eastern District of California.
18. ATTORNEYS’ FEES. If a party to this AGREEMENT brings any action, including an action for declaratory relief, to enforce or interpret the provision of this AGREEMENT, the prevailing party shall be entitled to reasonable attorneys’ fees in addition to any other relief to which that party may be entitled. The court may set such fees in the same action or in a separate action brought for that purpose.
19. LIMITATION OF LIABILITY: The CITY shall not be responsible for any damage that may accrue by reason of the death or injury of the person of the Vendor’s officers, agents, employees, invitees, or licensees, or be set up at any time because of personal injury or damage to property sustained by any other person or persons, which may have been caused or contributed to, approximately or remotely, by reason of or in the course of performance of the Purchase Order, except to the extent caused by the negligence or willful misconduct of the CITY. The Vendor shall assume full responsibility for the defense of any claims arising under the Purchase Order and the Vendor shall save, keep, and bear harmless the City, all officers and employees thereof, from all damages, costs, or expenses because of personal injury or property damage based on the performance of this Purchase Order or asserted against it, except to the extent caused by the negligence or willful misconduct of the CITY..
20. NOTICES: Any notice, payment or instrument required or permitted by this AGREEMENT to be given or delivered 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: Altec Industries Inc
Attn: General Counsel
210 Iverness Center Dr
Birmingham, AL 35242
CITY: City of Modesto
Nani Hollingsworth, Assistant Buyer
P.O. Box 642
Modesto, CA 95353
Phone: (209) 577-5296
Email: [email protected]
Either party may change its address for delivery of notice by delivering written notice of such change of address to the other party.
21. ASSIGNMENT: Neither this AGREEMENT nor any portion hereof shall be subcontracted or assigned without the written consent of the City in each and every instance.
22. MISCELLANEOUS: Time is of the essence in each and every provision of this AGREEMENT. #5..
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5 23. ENTIRE AGREEMENT: This AGREEMENT and its exhibits contain the entire understanding between VENDOR and CITY. Additional or new terms contained in this AGREEMENT which vary from VENDOR’S bid are controlling and are deemed accepted by VENDOR by provision of any GOODS or other commencement of performance hereunder. The terms and conditions of the IFB, attached hereto as Exhibit C, are incorporated herein. In the event of a conflict between the IFB and this AGREEMENT, this AGREEMENT shall control. All previous bids, 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 or exception to any of the terms, conditions, and provisions of this AGREEMENT shall be considered valid unless specifically agreed to in writing by the parties.
24. 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.
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 Altec Industries, Inc. has caused this AGREEMENT to be duly executed as of the Effective Date.
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1 AGREEMENT# 290207 – FOR FLEET SERVICES
This agreement, hereinafter called AGREEMENT, made and entered into in the City of Modesto, 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 Altec Industries Inc, an Alabama Corporation, hereinafter called CONTRACTOR.
W I T N E S E T H:
WHEREAS, the Modesto City Council adopted Resolution No. 2025-______ authorizing the Award of Bid and agreement for FLEET SERVICES to CONTRACTOR, attached hereto as Exhibit “A” and made a part hereof, and
WHEREAS, the CONTRACTOR provided a sole source letter that best meets the CITY needs, attached hereto as Exhibit “B” and made a part hereof, and WHEREAS, the CITY and CONTRACTOR shall enter into an agreement for SHOP RATE SERVICE as described in Price Schedule, attached hereto as Exhibit “C” and made a part hereof (hereinafter called Price Schedule).
NOW, THEREFORE, the parties hereto mutually agree as follows:
1. THE WORK:
a) CONTRACTOR shall furnish all labor, materials, equipment, fuel, tools, licenses, bonds and #5..
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2 insurance necessary to perform and complete the required work and in strict accordance with the conditions of the complete AGREEMENT.
b) CONTRACTOR shall do and perform the work contemplated hereby in a good workmanlike manner under the direction of and to the satisfaction of the CITY Representative. c) CONTRACTOR shall maintain proper insurance with the CITY for the duration of the AGREEMENT.
d) CONTRACTOR shall maintain a CITY business license for the duration of the AGREEMENT.
e) CONTRACTOR shall furnish said services at the following AGREEMENT rates for an estimated annual amount $12,500. The total amount paid by CITY to CONTRACTOR over the full term of the AGREEMENT shall not exceed $62,500. Unless the services provided are for a lump sum or flat fee, fees for work performed by CONTRACTOR on an hourly basis shall not exceed the amounts shown on Bid attached hereto as Exhibit B.
AGREEMENT PRICING
Listed in Exhibit C
2. CITY REPRESENTATIVE:
CITY Representative is: Patrick Crowley, Fleet Manager, 209-342-2214, [email protected]
Purchasing Representative: Nani Hollingsworth, Assistant Buyer, 209-577-5296, [email protected]
The CITY Representative is not authorized to commit the CITY to changes in specifications, requirements, or scope of work, changes in price(s), period of performance or delivery date(s) or method of shipment. Changes of a contractual or business nature shall be effective only by written change to the AGREEMENT, issued by the City of Modesto, Purchasing Division. #5..
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3 3. CONTRACTOR CONTACT: Altec Service
John Denny, Area Service Manager
325 Industrial Way
Dixon, CA 95620
530-304-9666
[email protected]
4. TERM OF AGREEMENT:
The term of the AGREEMENT shall be for a period of two years, with three one-year extension options at the sole discretion of CITY, for a total of up to five years.
Year 1: MAY 1, 2025 through APRIL 30, 2026
Year 2: MAY 1, 2026 through APRIL 30, 2027
Year 3: MAY 1, 2027 through APRIL 30, 2028
Year 4: MAY 1, 2028 through APRIL 30, 2029
Year 5: MAY 1, 2029 through APRIL 30, 2030
Price increases for any subsequent AGREEMENT years two, three, four and five shall be updated annually on or about February 1st of each year. Additional price increases may be required in line with current market trends. Current pricing for parts can be found at: https://www.altech.com/altec-connect/.
Price adjustments for diesel fuel fluctuations may be considered. A thirty (30) day written notice is required for consideration. Any price adjustment shall be negotiated through the Purchasing Division, and approved at the sole discretion of the CITY.
The index used to determine price adjustments on diesel fuel shall come from the Energy Information Administration Website: HTTPS://WWW.EIA.GOV/PETROLEUM/GASDIESEL/, California data
5. LIABILITY INSURANCE:
The CONTRACTOR shall provide, at its own expense, and maintain at all times the following insurance with insurance companies licensed in the State of California and shall provide evidence of such insurance to the CITY as may be required by the City Clerk of the CITY. The policies or certificates thereof shall provide that, at least 30 days prior to cancellation or material change in the policy, notices of same shall be given #5..
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4 to the Risk Manager of the CITY via PINS Advantage Insurance Program, for all of the following stated insurance policies.
a. General Liability - insurance with a minimum limit of liability per occurrence of $1,000,000 for bodily injury and property damage. If Commercial General Liability Insurance or other form with a general aggregate limit is used, either the general aggregate limity shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit. Vendor must show proof of Garage Liability with a minimum limit of liability per occurrence of $1,000,000 and Garage Keeper’s Liability with a minimum of $75,000 coverage.The insurance shall indicate on the certificate of insurance the following coverage and indicate the policy aggregate limit applying to: premises and operations; broad form contractual; independent contractors and subcontractors; products and completed operations; and/or professional liability. b. Automobile Liability – insurance with a minimum limit of liability per occurrence of $1,000,000 for bodily injury and property damage and transportation related pollution liability. This insurance shall cover any automobile for bodily injury and property damage.
c. Workers' Compensation - in compliance with the statutes of the State of California, plus employer's liability with a minimum limit of liability of $1,000,000 per accident for bodily injury or disease.
If at any time any of said policies shall be unsatisfactory to the CITY, as to form or substance or if a company issuing such policy shall be unsatisfactory to the CITY, the CONTRACTOR shall promptly obtain a new policy, submit the same to the CITY’s Risk Manager for approval and submit a certificate thereof as hereinabove provided. Upon failure of the CONTRACTOR to furnish, deliver or maintain such insurance and certificates as above provided, this AGREEMENT, at the election of the CITY, may be forthwith declared suspended, or terminated. Failure of the CONTRACTOR to obtain and/or maintain any required insurance shall not relieve the CONTRACTOR from any liability under this Agreement, nor shall the insurance requirements be construed to conflict with or otherwise limit the obligations of the CONTRACTOR concerning indemnification.
The CITY, its agents, officers, employees, and volunteers shall be named as an additional insured on all insurance policies required herein, except Workers' Compensation. #5..
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5 The Workers' Compensation insurer shall agree to waive all rights of subrogation against the CITY, its agents, officers, employees, and volunteers for losses arising from work performed by CONTRACTOR for the CITY.
The CONTRACTOR’s insurance policy(ices) shall include a provision that the coverage is primary as respects the CITY; shall include no special limitations to coverage provided to additional insured; and, shall be placed with insurer(s) with acceptable Best's rating of A-:VII or with approval of the CITY’s Risk Manager.
For any claims related to this AGREEMENT, the CONTRACTOR’s insurance coverage shall be primary insurance as respects CITY, its officers, officials, employees, and volunteers. Any insurance or self-insurance maintained by CITY, its officers, officials, employees, or volunteers shall be excess of the CONTRACTOR’s insurance and shall not contribute with it.
6. PAYMENT:
CONTRACTOR shall invoice CITY not less than once per month based on the cost for services performed and reimbursable costs incurred prior to the invoice date. All invoices shall be paid in full the following payment terms within thirty days after completion and acceptance of the Services by the CITY, and receipt of a properly prepared invoice, CITY will pay CONTRACTOR [TO BE DETERMINED BY IFB RESPONSE IN FINAL AGREEMENT, EITHER “Net 30 terms via CITY’s ePay Program” or “Net 45 Days via manual check”.]. The CITY is exempt from payment of Federal Excise Tax, and all invoices shall be exclusive of such excise tax.
Invoice to: City of Modesto
Attn: Accounts Payable
P.O. Box 642
Modesto, CA 95353
Email to: [email protected]
At a minimum, invoices shall state the following:
This AGREEMENT number 290207
CITY department/division name and address
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6 Billing period
Service hours worked day and week
Unit price, extended price, sales tax and total
7. INDEMNITY: The CONTRACTOR shall hold the CITY, its agents, officials, 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, to the extent arising out of any negligent act or omission or willful misconduct of CONTRACTOR, or its agents, officials, officers, employees, or volunteers relating to or during the performance of its obligations under this AGREEMENT. CONTRACTOR’s obligation to defend, indemnify, and hold the CITY, its agents, officials, 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.
8. VENUE & GOVERNING LAW:
Venue for any dispute or claim arising or related to this AGREEMENT its performance, breach, or interpretation (including issues about its validity or enforceability), shall be exclusively in the Superior Court of Stanislaus County or the United States District Court for the Eastern District of California This AGREEMENT shall be deemed made in, governed by, performed in, and construed and enforced in accordance with the laws of the State of California, without giving effect to its conflicts of laws provisions or principles.
9. ATTORNEYS’ FEES: If a party to this AGREEMENT brings any action, including an action for declaratory relief, to enforce or interpret the provision of this AGREEMENT, the prevailing party shall be entitled to reasonable attorneys’ fees in addition to any other relief to which that party may be entitled. The court may set such fees in the same action or in a separate action brought for that purpose. #5..
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7 10. COMMENCEMENT AND COMPLETION OF THE WORK:
The work contemplated herein shall be commenced as immediately after the agreement administrator receives and has on file:
Proofs of insurance (approved by CITY Risk Manager); and Executed Agreement;
a. Resolution No.2025-_______;
b. CONTRACTOR Bid submittal;
11. TERMINATION OF SERVICES:
Termination for Default: In the event either party fails to perform under this AGREEMENT or breaches any condition contained herein, the other party shall notify in writing the breaching party of the nonperformance. Within 10 days after receipt of notification, the breaching party shall correct any nonperformance to the reasonable satisfaction of the non-breaching party, or such other time as may be identified in the notice. Failure to correct any non-performance shall allow the non-breaching party to terminate this AGREEMENT for cause.
Termination by City for Convenience: The City may also terminate this AGREEMENT the Contractor's performance under the Agreement, either in whole or in part, at its own discretion and without cause.
Post-Termination Procedure
Upon receipt of a written notice of termination pursuant to either of the foregoing paragraphs, the CONTRACTOR shall:
a. 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; b. Terminate all orders and subcontracts except as necessary to complete any portion of the SERVICES that are not terminated;
c. If directed in writing by the CITY to do so, assign all right, title and #5..
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8 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, but in no event shall recovery by any CONTRACTOR or subcontractor include lost profits for portions of the SERVICES 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 CONTRACTOR in performing the SERVICES 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 SERVICES 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 SERVICES and/or property related to the SERVICES;
h. 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 SERVICES.
i. CONTRACTOR understands and agrees that CITY may, in CITY’s sole discretion, refuse to pay CONTRACTOR for that portion of CONTRACTOR's SERVICES which were performed by CONTRACTOR on the project prior to the termination date and which remain unacceptable and/or not useful to CONTRACTOR as of the termination date.
CITY will pay CONTRACTOR for SERVICES actually completed prior to the receipt of the termination notice or otherwise completed in accordance with the notice of termination. The final #5..
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9 payment to the CONTRACTOR 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 SERVICES such as subcontractor agreements or contracts for materials; b. The AGREEMENT price allocable to the portion of the SERVICES properly performed or goods supplied to the work site 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 for such SERVICES.
12. COMPLIANCE WITH ALL LAWS:
CONTRACTOR hereby agrees that CONTRACTOR and its subcontractors, if any, in the performance of the SERVICES described herein, 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.
13. FAILURE TO PERFORM SATISFACTORY WORK: It is agreed and understood that if the CONTRACTOR fails to perform the SERVICES as specified herein, CITY's representative may:
a. Consent to accept such unsatisfactory service with an appropriate adjustment in contract price, based on established cost factors,
b. Have such required work done by CITY forces or otherwise, and charge the cost thereof to the CONTRACTOR, or
c. Recommend termination of AGREEMENT between said the CONTRACTOR and the City of Modesto.
Those discrepancies and deficiencies in the SERVICES that remains uncorrected after the date set for correction may be the necessary justification for a billing adjustment in the month following the occurrence. #5..
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10 Unless otherwise negotiated, billing adjustments for this incomplete or uncorrected work shall be permanent retention of 100% of the estimated monthly cost for the SERVICES not corrected or completed.
14. ASSIGNMENT OF RIGHTS: The CONTRACTOR offers and agrees, and will require all subcontractors and suppliers to agree, to assign to the CITY all rights, title, and interest in and to all causes of action it and they may have under Section 4 of the Clayton Act (15 United States code, Section 15) or under the Cartwright Act (Business and Professions Code, Section 16700 et seq.), arising from the acquisition of goods, services, or materials pursuant to this AGREEMENT or any allowed subcontract. The assignment made by CONTRACTOR and all assignments made by subcontractors and suppliers shall be made and become effective at the time the CITY makes final payment to The CONTRACTOR, without further acknowledgment by the parties (Government Code, Sections 4550-4554).
15. CITY PROCESS/PROCEDURE APPROVALS: CITY approval of any process or procedure shall not relieve CONTRACTOR of its responsibility to furnish the required SERVICES meeting all specifications contained herein.
16. CONTRACTOR'S RESPONSIBILITY FOR DAMAGES: If CONTRACTOR damages any property belonging to the CITY or a third party, the CONTRACTOR will be required to make repairs immediately, at CONTRACTOR’s sole cost and expense, to the satisfaction of the CITY. In the event that CONTRACTOR fails to perform the necessary repairs, the CITY may either retain from the money due to CONTRACTOR an amount sufficient to repair the damage or perform the repairs and send an invoice to the CONTRACTOR for such costs, which shall be paid within thirty (30) days.
17. NOTICES:
Any notice, payment or instrument required or permitted by this AGREEMENT to be given or delivered 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:
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11 CONTRACTOR: Altec Industries Inc
Attn: General Counsel
210 Iverness Center Dr
Birmingham, AL 35242
CITY: City of Modesto
Purchasing Division
P.O. Box 642
Modesto, CA 95353
Each party may change its address for delivery of notice by delivering written notice of such change of address to the other party.
18. SIGNATORY(IES) FOR CONTRACTOR:
Each signatory for CONTRACTOR below warrants and represents that it is legally competent to, and have full authority to, execute the AGREEMENT.
19. QUANTITIES: No minimum or maximum is guaranteed or implied.
20. FUNDING: All annual extensions are based upon continuous funding for that purpose by the City Council. Failure to fund any annual extension shall result in an immediate termination of the AGREEMENT without redress.
21. OTHER GOVERNMENT/PUBLICLY FUNDED AGENCIES: If mutually agreeable to all parties, the issuance of any resultant contract/purchase order referencing these specifications and modified by mutual agreement between all parties may be extended to other government or publicly funded agencies. It shall be understood that all terms and conditions as specified herein shall apply.
22. NON-DISCRIMINATION:
a. During the performance of this AGREEMENT, CONTRACTOR and any allowed subcontractors shall not unlawfully discriminate against any employee or applicant for employment because of race, color, ancestry, religion, sex, national origin, marital status, age, medical condition (cancer related), physical handicap (including AIDS), sexual orientation, or any other basis prohibited by Federal or California law. Equal employment opportunity extends, but is not limited to recruitment, compensation, benefits, layoff, termination, #5..
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12 and all other conditions of employment. The CONTRACTOR and any allowed subcontractors shall ensure that the evaluation and treatment of their employees and applicants for employment are free of such discrimination.
The CONTRACTOR and any allowed subcontractors shall comply with the provisions of the Fair Employment and Housing Act (Government Code, Section 12900 et seq.) and the applicable regulations promulgated thereunder (California Administrative Code, Title 2, and Section 7285.0 et seq.). The applicable regulations of the Fair Employment and Housing Commission implementing Government Code, Section 12900, set forth in Chapter 5 of Division 4 of Title 2 of the California Administrative Code are incorporated into this contract by reference and made a part hereof as if set forth in full. b. The CONTRACTOR and any allowed subcontractors shall give written notice of their obligations under this clause to labor organizations with which they have a collective bargaining or other agreement.
c. The CONTRACTOR shall include the nondiscrimination and compliance provisions of this clause in any allowed subcontracts to perform SERVICES. d. The Contractor shall permit access by representatives of the Department of Fair Employment and Housing and the CITY upon reasonable notice at any time during the normal business hours, but in no case less than 24 hours notice, to such of its books, records, accounts, other sources of information and its facilities as said Department or CITY shall require to ascertain compliance with this AGREEMENT. e. By executing this AGREEMENT, CONTRACTOR certifies that it shall follow and be in compliance with the Americans with Disabilities Act of 1990, the applicable administrative requirements promulgated in response thereto, and any other applicable Federal laws and regulations relating to handicap discrimination and participation, and will continue to do so for at least the duration of the AGREEMENT and any extensions thereof.
23. CONTRACTOR LICENSES & PERMITS: CONTRACTOR warrants and represents that it possesses and shall maintain all licenses, and shall secure and maintain all necessary permits, necessary to perform the SERVICES.
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13 24. RECORDS: All final versions of reports, data, maps, models, charts, studies, surveys, photographs, memoranda, plans, studies, specifications, records, files, or any other documents or materials, in electronic or any other form, that CONTRACTOR prepares or obtains pursuant to this Agreement and that relate to the matters covered hereunder shall be the property of the CITY. CONTRACTOR hereby agrees to deliver those documents to the CITY upon termination of the AGREEMENT, and the CITY may use, reuse or otherwise dispose of the documents without CONTRACTOR’s permission. It is understood and agreed that the documents and other materials, including but not limited to those described above, prepared pursuant to this AGREEMENT are prepared specifically for the City and are not necessarily suitable for any future or other use.
25. FACILITIES AND EQUIPMENT: Except as set forth herein, CONTRACTOR shall, at its sole cost and expense, provide all facilities and equipment that may be necessary to perform the services required by this AGREEMENT. CITY shall make available to CONTRACTOR only the facilities and equipment listed in EXHIBIT “B” and “C”, and only under the terms and conditions set forth herein.
26. INDEPENDENT CONTRACTOR; NOT AGENT: At all times during the term of this AGREEMENT, CONTRACTOR shall be an independent contractor and shall not be an employee of CITY. CITY shall have the right to control CONTRACTOR only insofar as the results of CONTRACTOR’s services rendered pursuant to this AGREEMENT. Except as City may specify in writing, CONTRACTOR shall have no authority, express or implied, to act on behalf of CITY in any capacity whatsoever as an agent. CONTRACTOR shall have no authority, express or implied, pursuant to this AGREEMENT to bind City to any obligation whatsoever.
27. DRUG FREE WORKPLACE: CONTRACTOR certifies that it is following and in compliance with Sections 8350 - 8355 of Chapter 5.5 of the Government Code, Drug Free Workplace Act whereby each person or organization awarded a contract/purchase order or grant for the procurement of any property or service from any state agency (city) shall certify to the contracting or granting agency that it will provide a drug free workplace.
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14 28. ASSIGNMENT:
Neither this AGREEMENT nor any SERVICES hereunder shall be subcontracted or assigned by CONTRACTOR without the prior written consent of the CITY in each and every instance.
29. 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.
30. HEADINGS NOT CONTROLLING:
Headings used in the Agreement are for reference purposes only and shall not be considered in construing this AGREEMENT.
31. MISCELLANEOUS:
Time is of the essence in CONTRACTOR’s performance under each provision of this AGREEMENT.
32. ENTIRE AGREEMENT:
This Agreement and its exhibits contain the entire understanding between CONTRACTOR and CITY. Additional or new terms contained in this AGREEMENT which vary from CONTRACTOR’S bid are controlling and are deemed accepted by CONTRACTOR by performance of any SERVICES or other commencement of performance hereunder. The terms and conditions of the IFB, attached hereto as Exhibit C, are incorporated herein. In the event of a conflict between the IFB and this AGREEMENT, this AGREEMENT shall control. All previous bids, 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 or exception to any of the terms, conditions, and provisions of this AGREEMENT shall be considered valid unless specifically agreed to in writing by the parties.
33. PARTIAL INVALIDITY:
If any provision in this AGREEMENT is held by a court of competent jurisdiction to be #5..
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15 invalid, void, or unenforceable, the remaining provisions shall nevertheless continue in full force without being impaired or invalidated in any way.
IN WITNESS WHEREOF, the CITY OF MODESTO, a municipal corporation, has authorized the execution of this Agreement 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 _____________________has caused this Agreement to be duly executed.
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Exhibit C
Altec Industries, Inc.
SHOP AND MOBILE SERVICE LABOR RATES
TYPE HOURLY RATE
SHOP SERVICE $175
MOBILE SERVICE (TRAVEL) $190
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Altec Industries, Inc.
210 Inverness Center Drive
Birmingham, AL 35242
Monday, February 10, 2025
Nani Hollingsworth
Dear Nani,
Altec is proud to provide products and services that help crews work SAFER & SMARTER.
Altec is committed to bringing you the services and products you need as the provider for Altec OEM parts and accessories. There are no other retailers or dealers currently authorized by Altec to distribute ALTEC OEM parts. ANSI Standards for aerial devices and other Altec manufactured products contain the following requirement or its equivalent:
ANSI A92.2 2009
8.9 Parts. When parts or components are replaced
they shall be identical in specification and function
to the original aerial device parts or components or
shall provide an equal or greater factor of safety.
Altec does not review or approve parts from outside its supply chain. Purchasing replacement parts for Altec units from another source may void the warranty supported by Altec Industries, Inc. Altec denies responsibility for determining if such parts meet the requirement above, and would demand such proof prior to considering any warranty claims submitted. Altec expressly disclaims any and all: warranties, implied warranties of fitness for a particular purpose, liabilities, including liability for property damage, personal injury or death, for any externally sourced part(s), or due to failure of said part(s).
For additional assistance with Parts, Tools, & Accessories, Shop Service, or Mobile Service/Technical Support, please call 1-877-GO ALTEC.
Sincerely,
John Denny
Area Service Manager
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1 KEYES TRUCK CENTER ANNUAL PURCHASE AGREEMENT – PARTS ONLY AGREEMENT # 284421
This agreement, hereinafter called AGREEMENT, made and entered into in the City of Modesto, 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 Keyes Truck Center hereinafter called
VENDOR,
W I T N E S E T H:
WHEREAS, the Modesto City Council adopted Resolution No. 2025-___ authorizing the Award of Bid and agreement for the fleet materials, supplies or equipment described herein (the “GOODS”) to VENDOR, attached hereto as Exhibit “A” and made a part hereof, and WHEREAS, the VENDOR provided a Schedule for Parts Discount that best meets the CITY needs, attached hereto as Exhibit “B” and made a part hereof, and
NOW, THEREFORE, the parties hereto mutually agree as follows:
1. TERM OF AGREEMENT: The term of the AGREEMENT shall be for a period of TWO YEARS with THREE one-year extension options at the sole discretion of City, for a total of up to five years.
Year one: MAY 1, 2025 THROUGH APRIL 30, 2026
Year two: MAY 1, 2026 THROUGH APRIL 30, 2027
Year three: MAY 1, 2027 THROUGH APRIL 30, 2028
Year four: MAY 1, 2028 THROUGH APRIL 30, 2028
Year five: MAY 1, 2029 THROUGH APRIL 30, 2030
2. PRICING:
A. Per the aforementioned Council Resolution, the annual estimated amount of the AGREEMENT is $28,500. The total amount paid by CITY to VENDOR over the full term of the AGREEMENT shall not exceed $142,500.
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2 B. Pricing during AGREEMENT Year one shall be as set forth in Exhibit B Pricing Schedule, attached hereto and made a part hereof by this reference.
C. Pricing shall remain firm for the first year of the AGREEMENT.
D. Price increases for each subsequent AGREEMENT years two, three, four, and five, shall be negotiated in good faith by the parties, but in no instance may exceed the net percentage increase during the prior 12 month period in the Federal Bureau of Labor Statistics’ Consumer Price Index (CPI) for West Urban Area. Requests for price increases in any renewal year shall be submitted by VENDOR in writing at least 60 days prior to the annual anniversary date of the AGREEMENT.
3. USAGE: Vendor shall provide whatever quantities may be required during the term of this Agreement. No minimum or maximum quantities are guaranteed or implied by CITY.
4. ORDERING: Vendor shall deliver GOODS to the location specified within CITY’s purchase order. Unless otherwise specified by the Purchasing Division, no GOODS may be delivered to CITY unless a purchase order has been provided by CITY to VENDOR.
5. PAYMENT: All invoices shall be paid in full by CITY after completion and acceptance of the GOODS by the City, and receipt of a properly prepared invoice submitted by VENDOR via email to [email protected] . As specified by the Purchasing Division, every invoice must reference this AGREEMENT number or CITY’s purchase order number. VENDOR will be paid by CITY via the following payment method, Net 45 Days via manual check.
6. AMENDMENTS: No changes to this AGREEMENT shall be effective unless mutual agreement of the parties or the sole discretion of the CITY.
7. TERMINATION:
A. In the event either party fails to perform under this AGREEMENT or breaches any condition contained herein, the other party shall notify in writing the breaching party of the non-performance. Within 30 days after receipt of notification, the breaching party shall correct any non-performance to the reasonable satisfaction of the non-breaching party. Failure to correct any non-performance shall allow the non-breaching party to terminate this AGREEMENT for cause.
B. CITY may terminate this AGREEMENT for convenience upon thirty (30) days prior notice to VENDOR by CITY’s authorized employee.
8. INSPECTION: All GOODS are subject to inspection and test by the City for compliance with specifications as included herein, within a reasonable time after delivery. In the event GOODS are defective or not in conformity with this AGREEMENT or CITY’s purchase order, the CITY shall have the rights to either reject the GOODS or require correction. Defective articles or services shall be removed from CITY premises and/or corrected by and at the expense of VENDOR; provided that should the VENDOR fail, neglect or refuse to do so, the CITY shall thereupon have the right to purchase in the open market, in lieu thereof, a corresponding quantity of any such items. CITY may deduct from any moneys due or that may there after come due to VENDOR, or send an invoice to the VENDOR which shall be paid within thirty (30) days, the difference between the prices named in the contract or purchase order and the actual cost thereof to the CITY. In the event that the VENDOR fails to make prompt delivery as specified for any item, the same conditions as to the rights of the CITY to purchase in the open market and to reimbursement set forth #5..
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3 above shall apply, except when delivery is delayed by fire, strike, freight embargo, or Act of God or the government. Cost of inspection or deliveries or offers for delivery, which do not meet specifications, will be borne by the Bidder. Failure by CITY to inspect and accept or reject shall not relieve the VENDOR from responsibility for compliance with specifications. Final acceptance shall be conclusive except as regards to latent defects, fraud, or such gross mistakes as amount to fraud.
9. RESPONSIBILITY: Unless otherwise specified, the VENDOR shall be responsible for all GOODS until delivered at CITY’s designated delivery point and shall bear all risks as to items rejected or requiring correction after notice of such rejection or correction is given.
10. SHIPMENT: Unless otherwise authorized by CITY’s Purchasing Division, GOODS shall be delivered F.O.B. Destination Freight Prepaid and Included in Price of GOODS. VENDOR may not collect freight collect or charge shipping expenses otherwise to CITY. Original receipted freight bill must accompany the invoice. Shipment must be made within the time stated on Purchase Order, failing which CITY reserves the right to purchase elsewhere and charge VENDOR with any loss incurred, unless delay in making shipment is due to unforeseeable causes beyond the control and without the fault or negligence of VENDOR.
11. CHANGES: A purchase order may at any time, by written order of the CITY, be changed in regard to the GOODS to be furnished, quantities ordered, unit price, discount, delivery point or arrangements, terms or any other matters affecting a valid PO. In the event such change causes an increase or decrease in the cost of performance hereunder, and equitable adjustment will be made for the cost thereof, subject to the approval of the Purchasing Manager, and written notice given therefore.
12. WARRANTY: Notwithstanding any other provisions of the purchase order, VENDOR warranties for the GOODS shall extend for 90 days after delivery thereof to CITY, shall meet or exceed all original manufacturer warranties, and that GOODS shall be of the most suitable grade as specified in this AGREEMENT, VENDOR’s own marketing materials and in the purchase order. Moreover, VENDOR warrants and represents that GOODS shall comply with warranties of merchantability and fitness for a particular purpose. If a defect is discovered in any GOODS covered in this AGREEMENT, VENDOR shall correct at its expense, including transportation/freight, such defects as are reported within one year of final acceptance.
13. INSURANCE: Any purchase order where work, maintenance, or service is performed on CITY property requires appropriate insurance. VENDOR shall ensure proper insurance certificates are on file with the CITY prior to performing onsite work. Contact CITY’s Purchasing Division to verify the type of insurance required.
14. TAX EXEMPTIONS: The CITY is exempt from payment of federal excise tax. All invoices shall be exclusive of such excise tax. Moreover, if the CITY’s purchase is not subject to sales tax, the statement for resale will appear in the body of the purchase order.
15. INDEMNITIES:
A. VENDOR agrees to protect, indemnify and save harmless CITY and its agents, officers, employees, and volunteers from any claim, loss or damage from VENDOR’s, or the GOODs’, infringement of trademarks, patents, copyrights and unfair competition action with to any third party.
B. VENDOR shall hold the CITY and 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 #5..
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4 every cause, including but not limited to injury to person or property or wrongful death, including reasonable costs and expenses of defense of any judicial or administrative action, arising directly or indirectly out of any negligent or intentional act or omission of VENDOR, or its agents, officers, employees, or subcontractors relating to or during the performance of its obligations under this AGREEMENT.
VENDOR’s obligation to defend, indemnify, and hold the city, its agents, officers, and employees harmless under the provisions of this paragraph is not limited to or restricted by any requirement for VENDOR to procure and maintain a policy of insurance VENDOR.
16. GOVERNING LAW: This AGREEMENT shall be deemed made in, governed by, performed in, and construed and enforced in accordance with the laws of the State of California, U.S.A., without giving effect to its conflicts of law provisions or principles.
17. VENUE: Venue for any dispute or claim arising or related to this AGREEMENT its performance, breach, or interpretation (including issues about its validity or enforceability), shall be exclusively in the Superior Court of Stanislaus County or the United States District Court for the Eastern District of California.
18. ATTORNEYS’ FEES. If a party to this AGREEMENT brings any action, including an action for declaratory relief, to enforce or interpret the provision of this AGREEMENT, the prevailing party shall be entitled to reasonable attorneys’ fees in addition to any other relief to which that party may be entitled. The court may set such fees in the same action or in a separate action brought for that purpose.
19. LIMITATION OF LIABILITY: The CITY shall not be responsible for any damage that may accrue by reason of the death or injury of the person of the Vendor’s officers, agents, employees, invitees, or licensees, or be set up at any time because of personal injury or damage to property sustained by any other person or persons, which may have been caused or contributed to, approximately or remotely, by reason of or in the course of performance of the Purchase Order. The Vendor shall assume full responsibility for the defense of any claims arising under the Purchase Order and the Vendor shall save, keep, and bear harmless the City, all officers and employees thereof, from all damages, costs, or expenses because of personal injury or property damage based on the performance of this Purchase Order or asserted against it.
20. NOTICES: Any notice, payment or instrument required or permitted by this AGREEMENT to be given or delivered 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: Keyes Truck Center
C Costa, Parts Manager
4845 N. Golden State Blvd
Keyes, CA 95328
209-526-3126
[email protected]
CITY: City of Modesto
Purchasing Division
P.O. Box 642
Modesto, CA 95353
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5 Either party may change its address for delivery of notice by delivering written notice of such change of address to the other party.
21. ASSIGNMENT: Neither this AGREEMENT nor any portion hereof shall be subcontracted or assigned without the written consent of the City in each and every instance.
22. MISCELLANEOUS: Time is of the essence in each and every provision of this AGREEMENT.
23. ENTIRE AGREEMENT: This AGREEMENT and its exhibits contain the entire understanding between VENDOR and CITY. Additional or new terms contained in this AGREEMENT which vary from VENDOR’S bid are controlling and are deemed accepted by VENDOR by provision of any GOODS or other commencement of performance hereunder. The terms and conditions of the IFB, attached hereto as Exhibit C, are incorporated herein. In the event of a conflict between the IFB and this AGREEMENT, this AGREEMENT shall control. All previous bids, 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 or exception to any of the terms, conditions, and provisions of this AGREEMENT shall be considered valid unless specifically agreed to in writing by the parties.
24. 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.
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 Altec Industries, Inc. has caused this AGREEMENT to be duly executed as of the Effective Date. #5..
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6 #5..
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1 Exhibit B
Price Schedule
Keyes Truck Center
Service Price Unit
Shop Rates $205.00 Per Hour
Laptop Connection $95.00 Per Connection
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1 AGREEMENT# 286366 – FOR FLEET SERVICES
This agreement, hereinafter called AGREEMENT, made and entered into in the City of Modesto, 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 Keyes Truck Center, hereinafter called CONTRACTOR.
W I T N E S E T H:
WHEREAS, the Modesto City Council adopted Resolution No. 2025-______ authorizing the Award of Bid and agreement for FLEET SERVICES to CONTRACTOR, attached hereto as Exhibit “A” and made a part hereof, and
WHEREAS, the CITY and CONTRACTOR shall enter into an agreement for SHOP RATE SERVICE as described in Price Schedule, attached hereto as Exhibit “B” and made a part hereof (hereinafter called Price Schedule).
NOW, THEREFORE, the parties hereto mutually agree as follows:
1. THE WORK:
a) CONTRACTOR shall furnish all labor, materials, equipment, fuel, tools, licenses, bonds and insurance necessary to perform and complete the required work, and in strict accordance with the conditions of the complete AGREEMENT.
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2 b) CONTRACTOR shall do and perform the work contemplated hereby in a good workmanlike manner under the direction of and to the satisfaction of the CITY Representative. c) CONTRACTOR shall maintain proper insurance with the CITY for the duration of the AGREEMENT.
d) CONTRACTOR shall maintain a CITY business license for the duration of the AGREEMENT.
e) CONTRACTOR shall furnish said services at the following AGREEMENT rates for an estimated annual amount $28,500. The total amount paid by CITY to CONTRACTOR over the full term of the AGREEMENT shall not exceed $142,500. Unless the services provided are for a lump sum or flat fee, fees for work performed by CONTRACTOR on an hourly basis shall not exceed the amounts shown on Bid attached hereto as Exhibit B.
AGREEMENT PRICING
Listed in Exhibit B
2. CITY REPRESENTATIVE:
CITY Representative is: Patrick Crowley, Fleet Manager, 209-342-2214, [email protected]
Purchasing Representative: Nani Hollingsworth, Assistant Buyer, 209-577-5296, [email protected]
The CITY Representative is not authorized to commit the CITY to changes in specifications, requirements, or scope of work, changes in price(s), period of performance or delivery date(s) or method of shipment. Changes of a contractual or business nature shall be effective only by written change to the AGREEMENT, issued by the City of Modesto, Purchasing Division. #5..
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3 3. CONTRACTOR CONTACT: Keyes Truck Center
Paul Tuttle, Service Manager
4845 N. Golden State Blvd.
Keyes, CA 95328
209-581-1625
[email protected]
4. TERM OF AGREEMENT:
The term of the AGREEMENT shall be for a period of two years, with three one-year extension options at the sole discretion of CITY, for a total of up to five years.
Year 1: MAY 1, 2025 through APRIL 30, 2026
Year 2: MAY 1, 2026 through APRIL 30, 2027
Year 3: MAY 1, 2027 through APRIL 30, 2028
Year 4: MAY 1, 2028 through APRIL 30, 2029
Year 5: MAY 1, 2029 through APRIL 30, 2030
Pricing as set forth in Section 1.e. above shall remain firm for the first two years of the AGREEMENT.
Price increases for any subsequent AGREEMENT years following the second year, shall not exceed the percentage change in the Consumer Price Index (CPI) for the City of Modesto West Urban Area in any one AGREEMENT year, and shall be negotiated through the Purchasing Division. Requests for price increases shall be submitted by CONTRACTOR in writing, ninety (90) days prior to the annual anniversary date of the AGREEMENT to be effective for the subsequent year.
Price adjustments for diesel fuel fluctuations may be considered. A thirty (30) day written notice is required for consideration. Any price adjustment shall be negotiated through the Purchasing Division, and approved at the sole discretion of the CITY.
The index used to determine price adjustments on diesel fuel shall come from the Energy Information Administration Website: HTTPS://WWW.EIA.GOV/PETROLEUM/GASDIESEL/, California data
5. LIABILITY INSURANCE:
The CONTRACTOR shall provide, at its own expense, and maintain at all times the following insurance with insurance companies licensed in the State of California and shall provide evidence of such #5..
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4 insurance to the CITY as may be required by the City Clerk of the CITY. The policies or certificates thereof shall provide that, at least 30 days prior to cancellation or material change in the policy, notices of same shall be given to the Risk Manager of the CITY via PINS Advantage Insurance Program, for all of the following stated insurance policies.
a. General Liability - insurance with a minimum limit of liability per occurrence of $1,000,000 for bodily injury and property damage. If Commercial General Liability Insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit. Vendor must show proof of Garage Liability with a minimum limit of liability per occurrence of $1,000,000 and Garage Keeper’s Liability with a minimum of $75,000 coverage. The insurance shall indicate on the certificate of insurance the following coverage and indicate the policy aggregate limit applying to: premises and operations; broad form contractual; independent contractors and subcontractors; products and completed operations; and/or professional liability. b. Automobile Liability – insurance with a minimum limit of liability per occurrence of $1,000,000 for bodily injury and property damage and transportation related pollution liability. This insurance shall cover any automobile for bodily injury and property damage.
c. Workers' Compensation - in compliance with the statutes of the State of California, plus employer's liability with a minimum limit of liability of $1,000,000 per accident for bodily injury or disease.
If at any time any of said policies shall be unsatisfactory to the CITY, as to form or substance or if a company issuing such policy shall be unsatisfactory to the CITY, the CONTRACTOR shall promptly obtain a new policy, submit the same to the CITY’s Risk Manager for approval and submit a certificate thereof as hereinabove provided. Upon failure of the CONTRACTOR to furnish, deliver or maintain such insurance and certificates as above provided, this AGREEMENT, at the election of the CITY, may be forthwith declared suspended, or terminated. Failure of the CONTRACTOR to obtain and/or maintain any required insurance shall not relieve the CONTRACTOR from any liability under this Agreement, nor shall the insurance requirements be construed to conflict with or otherwise limit the obligations of the CONTRACTOR concerning indemnification. #5..
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5 The CITY, its agents, officers, employees, and volunteers shall be named as an additional insured on all insurance policies required herein, except Workers' Compensation.
The Workers' Compensation insurer shall agree to waive all rights of subrogation against the CITY, its agents, officers, employees, and volunteers for losses arising from work performed by CONTRACTOR for the CITY.
The CONTRACTOR’s insurance policy(ices) shall include a provision that the coverage is primary as respects the CITY; shall include no special limitations to coverage provided to additional insured; and, shall be placed with insurer(s) with acceptable Best's rating of A:VII or with approval of the CITY’s Risk Manager.
For any claims related to this AGREEMENT, the CONTRACTOR’s insurance coverage shall be primary insurance as respects CITY, its officers, officials, employees, and volunteers. Any insurance or self-insurance maintained by CITY, its officers, officials, employees, or volunteers shall be excess of the CONTRACTOR’s insurance and shall not contribute with it.
6. PAYMENT:
CONTRACTOR shall invoice CITY not less than once per month based on the cost for services performed and reimbursable costs incurred prior to the invoice date. All invoices shall be paid in full the following payment terms within thirty days after completion and acceptance of the Services by the CITY, and receipt of a properly prepared invoice, CITY will pay CONTRACTOR Net 45 Days via manual check.
Invoice to: City of Modesto
Attn: Accounts Payable
P.O. Box 642
Modesto, CA 95353
Email to: [email protected]
At a minimum, invoices shall state the following:
This AGREEMENT number 286366
CITY department/division name and address
Billing period
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6 Service hours worked day and week
Unit price, extended price, sales tax and total
7. INDEMNITY: The CONTRACTOR shall hold the CITY, its agents, officials, 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, officials, officers, employees, or volunteers relating to or during the performance of its obligations under this AGREEMENT. CONTRACTOR’s obligation to defend, indemnify, and hold the CITY, its agents, officials, 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.
8. VENUE & GOVERNING LAW:
Venue for any dispute or claim arising or related to this AGREEMENT its performance, breach, or interpretation (including issues about its validity or enforceability), shall be exclusively in the Superior Court of Stanislaus County or the United States District Court for the Eastern District of California This AGREEMENT shall be deemed made in, governed by, performed in, and construed and enforced in accordance with the laws of the State of California, without giving effect to its conflicts of laws provisions or principles.
9. ATTORNEYS’ FEES: If a party to this AGREEMENT brings any action, including an action for declaratory relief, to enforce or interpret the provision of this AGREEMENT, the prevailing party shall be entitled to reasonable attorneys’ fees in addition to any other relief to which that party may be entitled. The court may set such fees in the same action or in a separate action brought for that purpose.
10. COMMENCEMENT AND COMPLETION OF THE WORK:
The work contemplated herein shall be commenced as immediately after the agreement administrator receives and has on file:
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7 Proofs of insurance (approved by CITY Risk Manager); and Executed Agreement;
a. Resolution No.2025-_______;
b. CONTRACTOR Bid submittal;
c. Contractor’s City of Modesto business license
11. TERMINATION OF SERVICES:
Termination for Default: In the event either party fails to perform under this AGREEMENT or breaches any condition contained herein, the other party shall notify in writing the breaching party of the nonperformance. Within 10 days after receipt of notification, the breaching party shall correct any nonperformance to the reasonable satisfaction of the non-breaching party, or such other time as may be identified in the notice. Failure to correct any non-performance shall allow the non-breaching party to terminate this AGREEMENT for cause.
Termination by City for Convenience: The City may also terminate this AGREEMENT the Contractor's performance under the Agreement, either in whole or in part, at its own discretion and without cause.
Post-Termination Procedure
Upon receipt of a written notice of termination pursuant to either of the foregoing paragraphs, the CONTRACTOR shall:
a. 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; b. Terminate all orders and subcontracts except as necessary to complete any portion of the SERVICES that are 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 #5..
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8 of the termination of such, but in no event shall recovery by any CONTRACTOR or subcontractor include lost profits for portions of the SERVICES 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 CONTRACTOR in performing the SERVICES 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 SERVICES 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 SERVICES and/or property related to the SERVICES;
h. 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 SERVICES.
i. CONTRACTOR understands and agrees that CITY may, in CITY’s sole discretion, refuse to pay CONTRACTOR for that portion of CONTRACTOR's SERVICES which were performed by CONTRACTOR on the project prior to the termination date and which remain unacceptable and/or not useful to CONTRACTOR as of the termination date.
CITY will pay CONTRACTOR for SERVICES actually completed prior to the receipt of the termination notice or otherwise 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 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 #5..
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9 SERVICES such as subcontractor agreements or contracts for materials; b. The AGREEMENT price allocable to the portion of the SERVICES properly performed or goods supplied to the work site 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 for such SERVICES.
12. COMPLIANCE WITH ALL LAWS:
CONTRACTOR hereby agrees that CONTRACTOR and its subcontractors, if any, in the performance of the SERVICES described herein, 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.
13. FAILURE TO PERFORM SATISFACTORY WORK: It is agreed and understood that if the CONTRACTOR fails to perform the SERVICES as specified herein, CITY's representative may:
a. Consent to accept such unsatisfactory service with an appropriate adjustment in contract price, based on established cost factors,
b. Have such required work done by CITY forces or otherwise, and charge the cost thereof to the CONTRACTOR, or
c. Recommend termination of AGREEMENT between said the CONTRACTOR and the City of Modesto.
Those discrepancies and deficiencies in the SERVICES that remains uncorrected after the date set for correction may be the necessary justification for a billing adjustment in the month following the occurrence.
Unless otherwise negotiated, billing adjustments for this incomplete or uncorrected work shall be permanent retention of 100% of the estimated monthly cost for the SERVICES not corrected or completed.
14. ASSIGNMENT OF RIGHTS: The CONTRACTOR offers and agrees, and will require all subcontractors and suppliers to agree, to assign to the CITY all rights, title, and interest in and to all causes of #5..
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10 action it and they may have under Section 4 of the Clayton Act (15 United States code, Section 15) or under the Cartwright Act (Business and Professions Code, Section 16700 et seq.), arising from the acquisition of goods, services, or materials pursuant to this AGREEMENT or any allowed subcontract. The assignment made by CONTRACTOR and all assignments made by subcontractors and suppliers shall be made and become effective at the time the CITY makes final payment to The CONTRACTOR, without further acknowledgment by the parties (Government Code, Sections 4550-4554).
15. CITY PROCESS/PROCEDURE APPROVALS: CITY approval of any process or procedure shall not relieve CONTRACTOR of its responsibility to furnish the required SERVICES meeting all specifications contained herein.
16. CONTRACTOR'S RESPONSIBILITY FOR DAMAGES: If CONTRACTOR damages any property belonging to the CITY or a third party, the CONTRACTOR will be required to make repairs immediately, at CONTRACTOR’s sole cost and expense, to the satisfaction of the CITY. In the event that CONTRACTOR fails to perform the necessary repairs, the CITY may either retain from the money due to CONTRACTOR an amount sufficient to repair the damage or perform the repairs and send an invoice to the CONTRACTOR for such costs, which shall be paid within thirty (30) days.
17. NOTICES:
Any notice, payment or instrument required or permitted by this AGREEMENT to be given or delivered 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: Keyes Truck Center
4845 N. Golden State Blvd
Keyes, CA 95328
CITY: City of Modesto
Purchasing Division
P.O. Box 642
Modesto, CA 95353
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11 Each party may change its address for delivery of notice by delivering written notice of such change of address to the other party.
18. SIGNATORY(IES) FOR CONTRACTOR:
Each signatory for CONTRACTOR below warrants and represents that it is legally competent to, and have full authority to, execute the AGREEMENT.
19. QUANTITIES: No minimum or maximum is guaranteed or implied.
20. FUNDING: All annual extensions are based upon continuous funding for that purpose by the City Council. Failure to fund any annual extension shall result in an immediate termination of the AGREEMENT without redress.
21. OTHER GOVERNMENT/PUBLICLY FUNDED AGENCIES: If mutually agreeable to all parties, the issuance of any resultant contract/purchase order referencing these specifications and modified by mutual agreement between all parties may be extended to other government or publicly funded agencies. It shall be understood that all terms and conditions as specified herein shall apply.
22. NON-DISCRIMINATION:
a. During the performance of this AGREEMENT, CONTRACTOR and any allowed subcontractors shall not unlawfully discriminate against any employee or applicant for employment because of race, color, ancestry, religion, sex, national origin, marital status, age, medical condition (cancer related), physical handicap (including AIDS), sexual orientation, or any other basis prohibited by Federal or California law. Equal employment opportunity extends, but is not limited to recruitment, compensation, benefits, layoff, termination, and all other conditions of employment. The CONTRACTOR and any allowed subcontractors shall ensure that the evaluation and treatment of their employees and applicants for employment are free of such discrimination.
The CONTRACTOR and any allowed subcontractors shall comply with the provisions of the Fair Employment and Housing Act (Government Code, Section 12900 et seq.) and the applicable regulations promulgated thereunder (California Administrative Code, Title 2, and Section 7285.0 et seq.). The applicable regulations of the Fair Employment and Housing Commission implementing Government Code, Section 12900, set forth in #5..
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12 Chapter 5 of Division 4 of Title 2 of the California Administrative Code are incorporated into this contract by reference and made a part hereof as if set forth in full. b. The CONTRACTOR and any allowed subcontractors shall give written notice of their obligations under this clause to labor organizations with which they have a collective bargaining or other agreement.
c. The CONTRACTOR shall include the nondiscrimination and compliance provisions of this clause in any allowed subcontracts to perform SERVICES. d. The Contractor shall permit access by representatives of the Department of Fair Employment and Housing and the CITY upon reasonable notice at any time during the normal business hours, but in no case less than 24 hours notice, to such of its books, records, accounts, other sources of information and its facilities as said Department or CITY shall require to ascertain compliance with this AGREEMENT. e. By executing this AGREEMENT, CONTRACTOR certifies that it shall follow and be in compliance with the Americans with Disabilities Act of 1990, the applicable administrative requirements promulgated in response thereto, and any other applicable Federal laws and regulations relating to handicap discrimination and participation, and will continue to do so for at least the duration of the AGREEMENT and any extensions thereof.
23. CONTRACTOR LICENSES & PERMITS: CONTRACTOR warrants and represents that it possesses and shall maintain all licenses, and shall secure and maintain all necessary permits, necessary to perform the SERVICES.
24. RECORDS: All final versions of reports, data, maps, models, charts, studies, surveys, photographs, memoranda, plans, studies, specifications, records, files, or any other documents or materials, in electronic or any other form, that CONTRACTOR prepares or obtains pursuant to this Agreement and that relate to the matters covered hereunder shall be the property of the CITY. CONTRACTOR hereby agrees to deliver those documents to the CITY upon termination of the AGREEMENT, and the CITY may use, reuse or otherwise dispose of the documents without CONTRACTOR’s permission. It is understood and agreed that the #5..
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13 documents and other materials, including but not limited to those described above, prepared pursuant to this AGREEMENT are prepared specifically for the City and are not necessarily suitable for any future or other use.
25. FACILITIES AND EQUIPMENT: Except as set forth herein, CONTRACTOR shall, at its sole cost and expense, provide all facilities and equipment that may be necessary to perform the services required by this AGREEMENT. CITY shall make available to CONTRACTOR only the facilities and equipment listed in EXHIBIT “B” and “C”, and only under the terms and conditions set forth herein.
26. INDEPENDENT CONTRACTOR; NOT AGENT: At all times during the term of this AGREEMENT, CONTRACTOR shall be an independent contractor and shall not be an employee of CITY. CITY shall have the right to control CONTRACTOR only insofar as the results of CONTRACTOR’s services rendered pursuant to this AGREEMENT. Except as City may specify in writing, CONTRACTOR shall have no authority, express or implied, to act on behalf of CITY in any capacity whatsoever as an agent. CONTRACTOR shall have no authority, express or implied, pursuant to this AGREEMENT to bind City to any obligation whatsoever.
27. DRUG FREE WORKPLACE: CONTRACTOR certifies that it is following and in compliance with Sections 8350 - 8355 of Chapter 5.5 of the Government Code, Drug Free Workplace Act whereby each person or organization awarded a contract/purchase order or grant for the procurement of any property or service from any state agency (city) shall certify to the contracting or granting agency that it will provide a drug free workplace.
28. ASSIGNMENT:
Neither this AGREEMENT nor any SERVICES hereunder shall be subcontracted or assigned by CONTRACTOR without the prior written consent of the CITY in each and every instance.
29. 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.
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14 30. HEADINGS NOT CONTROLLING:
Headings used in the Agreement are for reference purposes only and shall not be considered in construing this AGREEMENT.
31. MISCELLANEOUS:
Time is of the essence in CONTRACTOR’s performance under each provision of this AGREEMENT.
32. ENTIRE AGREEMENT:
This Agreement and its exhibits contain the entire understanding between CONTRACTOR and CITY. Additional or new terms contained in this AGREEMENT which vary from CONTRACTOR’S bid are controlling and are deemed accepted by CONTRACTOR by performance of any SERVICES or other commencement of performance hereunder. The terms and conditions of the IFB, attached hereto as Exhibit C, are incorporated herein. In the event of a conflict between the IFB and this AGREEMENT, this AGREEMENT shall control. All previous bids, 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 or exception to any of the terms, conditions, and provisions of this AGREEMENT shall be considered valid unless specifically agreed to in writing by the parties.
33. 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.
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15 IN WITNESS WHEREOF, the CITY OF MODESTO, a municipal corporation, has authorized the execution of this Agreement 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 _____________________has caused this Agreement to be duly executed.
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EXHIBIT B
KEYES TRUCK CENTER
PRICING SCHEDULE
• 10%-30% DISCOUNT – depending on the brand purchased
• In addition, there is a monthly variable monthly discount when parts are ordered online.
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1 BONANDER AUTO, TRUCK & TRAILER, INC. ANNUAL PURCHASE AGREEMENT – PARTS ONLY AGREEMENT # 285282
This agreement, hereinafter called AGREEMENT, made and entered into in the City of Modesto, 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 Bonander Auto, Truck & Trailer, Inc, a California Corporation, hereinafter called VENDOR,
W I T N E S E T H:
WHEREAS, the Modesto City Council adopted Resolution No. 2025-___ authorizing the Award of Bid and agreement for the fleet materials, supplies or equipment described herein (the “GOODS”) to VENDOR, attached hereto as Exhibit “A” and made a part hereof, and WHEREAS, the VENDOR provided a Schedule for Parts Discount that best meets the CITY needs, attached hereto as Exhibit “B” and made a part hereof, and
NOW, THEREFORE, the parties hereto mutually agree as follows:
1. TERM OF AGREEMENT: The term of the AGREEMENT shall be for a period of TWO YEARS with THREE one-year extension options at the sole discretion of City, for a total of up to five years.
Year one: MAY 1, 2025 THROUGH APRIL 30, 2026
Year two: MAY 1, 2026 THROUGH APRIL 30, 2027
Year three: MAY 1, 2027 THROUGH APRIL 30, 2028
Year four: MAY 1, 2028 THROUGH APRIL 30, 2029
Year five: MAY 1, 2029 THROUGH APRIL 30, 2030
2. PRICING:
A. Per the aforementioned Council Resolution, the annual estimated amount of the AGREEMENT is $60,000. The total amount paid by CITY to VENDOR over the full term of the AGREEMENT shall not exceed $300,000.
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2 B. Pricing during AGREEMENT Year one shall be as set forth in Exhibit B Pricing Schedule, attached hereto and made a part hereof by this reference.
C. Pricing shall remain firm for the first year of the AGREEMENT.
D. Price increases for each subsequent AGREEMENT years two, three, four, and five, shall be negotiated in good faith by the parties, but in no instance may exceed the net percentage increase during the prior 12 month period in the Federal Bureau of Labor Statistics’ Consumer Price Index (CPI) for West Urban Area. Requests for price increases in any renewal year shall be submitted by VENDOR in writing at least 60 days prior to the annual anniversary date of the AGREEMENT.
3. USAGE: Vendor shall provide whatever quantities may be required during the term of this Agreement. No minimum or maximum quantities are guaranteed or implied by CITY.
4. ORDERING: Vendor shall deliver GOODS to the location specified within CITY’s purchase order. Unless otherwise specified by the Purchasing Division, no GOODS may be delivered to CITY unless a purchase order has been provided by CITY to VENDOR.
5. PAYMENT: All invoices shall be paid in full by CITY after completion and acceptance of the GOODS by the City, and receipt of a properly prepared invoice submitted by VENDOR via email to [email protected] . As specified by the Purchasing Division, every invoice must reference this AGREEMENT number or CITY’s purchase order number. VENDOR will be paid by CITY via the following payment method Net 30 terms via CITY’s ePay Program.
6. AMENDMENTS: No changes to this AGREEMENT shall be effective unless mutual agreement of the parties or the sole discretion of the CITY.
7. TERMINATION:
A. In the event either party fails to perform under this AGREEMENT or breaches any condition contained herein, the other party shall notify in writing the breaching party of the non-performance. Within 30 days after receipt of notification, the breaching party shall correct any non-performance to the reasonable satisfaction of the non-breaching party. Failure to correct any non-performance shall allow the non-breaching party to terminate this AGREEMENT for cause.
B. CITY may terminate this AGREEMENT for convenience upon thirty (30) days prior notice to VENDOR by CITY’s authorized employee.
8. INSPECTION: All GOODS are subject to inspection and test by the City for compliance with specifications as included herein, within a reasonable time after delivery. In the event GOODS are defective or not in conformity with this AGREEMENT or CITY’s purchase order, the CITY shall have the rights to either reject the GOODS or require correction. Defective articles or services shall be removed from CITY premises and/or corrected by and at the expense of VENDOR; provided that should the VENDOR fail, neglect or refuse to do so, the CITY shall thereupon have the right to purchase in the open market, in lieu thereof, a corresponding quantity of any such items. CITY may deduct from any moneys due or that may there after come due to VENDOR, or send an invoice to the VENDOR which shall be paid within thirty (30) days, the difference between the prices named in the contract or purchase order and the actual cost thereof to the CITY. In the event that the VENDOR fails to make prompt delivery as specified for any item, the same conditions as to the rights of the CITY to purchase in the open market and to reimbursement set forth above shall apply, except when delivery is delayed by fire, strike, freight embargo, or Act of God or the #5..
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3 government. Cost of inspection or deliveries or offers for delivery, which do not meet specifications, will be borne by the Bidder. Failure by CITY to inspect and accept or reject shall not relieve the VENDOR from responsibility for compliance with specifications. Final acceptance shall be conclusive except as regards to latent defects, fraud, or such gross mistakes as amount to fraud.
9. RESPONSIBILITY: Unless otherwise specified, the VENDOR shall be responsible for all GOODS until delivered at CITY’s designated delivery point and shall bear all risks as to items rejected or requiring correction after notice of such rejection or correction is given.
10. SHIPMENT: Unless otherwise authorized by CITY’s Purchasing Division, GOODS shall be delivered F.O.B. Destination Freight Prepaid and Included in Price of GOODS. VENDOR may not collect freight collect or charge shipping expenses otherwise to CITY. Original receipted freight bill must accompany the invoice. Shipment must be made within the time stated on Purchase Order, failing which CITY reserves the right to purchase elsewhere and charge VENDOR with any loss incurred, unless delay in making shipment is due to unforeseeable causes beyond the control and without the fault or negligence of VENDOR.
11. CHANGES: A purchase order may at any time, by written order of the CITY, be changed in regard to the GOODS to be furnished, quantities ordered, unit price, discount, delivery point or arrangements, terms or any other matters affecting a valid PO. In the event such change causes an increase or decrease in the cost of performance hereunder, and equitable adjustment will be made for the cost thereof, subject to the approval of the Purchasing Manager, and written notice given therefore.
12. WARRANTY: Notwithstanding any other provisions of the purchase order, VENDOR warranties for the GOODS shall extend for 90 days after delivery thereof to CITY, shall meet or exceed all original manufacturer warranties, and that GOODS shall be of the most suitable grade as specified in this AGREEMENT, VENDOR’s own marketing materials and in the purchase order. Moreover, VENDOR warrants and represents that GOODS shall comply with warranties of merchantability and fitness for a particular purpose. If a defect is discovered in any GOODS covered in this AGREEMENT, VENDOR shall correct at its expense, including transportation/freight, such defects as are reported within one year of final acceptance.
13. INSURANCE: Any purchase order where work, maintenance, or service is performed on CITY property requires appropriate insurance. VENDOR shall ensure proper insurance certificates are on file with the CITY prior to performing onsite work. Contact CITY’s Purchasing Division to verify the type of insurance required.
14. TAX EXEMPTIONS: The CITY is exempt from payment of federal excise tax. All invoices shall be exclusive of such excise tax. Moreover, if the CITY’s purchase is not subject to sales tax, the statement for resale will appear in the body of the purchase order.
15. INDEMNITIES:
A. VENDOR agrees to protect, indemnify and save harmless CITY and its agents, officers, employees, and volunteers from any claim, loss or damage from VENDOR’s, or the GOODs’, infringement of trademarks, patents, copyrights and unfair competition action with to any third party.
B. VENDOR shall hold the CITY and 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 #5..
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4 indirectly out of any negligent or intentional act or omission of VENDOR, or its agents, officers, employees, or subcontractors relating to or during the performance of its obligations under this AGREEMENT. VENDOR’s obligation to defend, indemnify, and hold the city, its agents, officers, and employees harmless under the provisions of this paragraph is not limited to or restricted by any requirement for VENDOR to procure and maintain a policy of insurance VENDOR.
16. GOVERNING LAW: This AGREEMENT shall be deemed made in, governed by, performed in, and construed and enforced in accordance with the laws of the State of California, U.S.A., without giving effect to its conflicts of law provisions or principles.
17. VENUE: Venue for any dispute or claim arising or related to this AGREEMENT its performance, breach, or interpretation (including issues about its validity or enforceability), shall be exclusively in the Superior Court of Stanislaus County or the United States District Court for the Eastern District of California.
18. ATTORNEYS’ FEES. If a party to this AGREEMENT brings any action, including an action for declaratory relief, to enforce or interpret the provision of this AGREEMENT, the prevailing party shall be entitled to reasonable attorneys’ fees in addition to any other relief to which that party may be entitled. The court may set such fees in the same action or in a separate action brought for that purpose.
19. LIMITATION OF LIABILITY: The CITY shall not be responsible for any damage that may accrue by reason of the death or injury of the person of the Vendor’s officers, agents, employees, invitees, or licensees, or be set up at any time because of personal injury or damage to property sustained by any other person or persons, which may have been caused or contributed to, approximately or remotely, by reason of or in the course of performance of the Purchase Order. The Vendor shall assume full responsibility for the defense of any claims arising under the Purchase Order and the Vendor shall save, keep, and bear harmless the City, all officers and employees thereof, from all damages, costs, or expenses because of personal injury or property damage based on the performance of this Purchase Order or asserted against it.
20. NOTICES: Any notice, payment or instrument required or permitted by this AGREEMENT to be given or delivered 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: Bonander Truck & Trailer
Derrick Russell
4520 N Golden State Blvd
Ph. 209-634-5834
[email protected]
CITY: City of Modesto
Purchasing Division
P.O. Box 642
Modesto, CA 95353
Either party may change its address for delivery of notice by delivering written notice of such change of address to the other party.
21. ASSIGNMENT: Neither this AGREEMENT nor any portion hereof shall be subcontracted or assigned without the written consent of the City in each and every instance. #5..
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5 22. MISCELLANEOUS: Time is of the essence in each and every provision of this AGREEMENT.
23. ENTIRE AGREEMENT: This AGREEMENT and its exhibits contain the entire understanding between VENDOR and CITY. Additional or new terms contained in this AGREEMENT which vary from VENDOR’S bid are controlling and are deemed accepted by VENDOR by provision of any GOODS or other commencement of performance hereunder. The terms and conditions of the IFB, attached hereto as Exhibit C, are incorporated herein. In the event of a conflict between the IFB and this AGREEMENT, this AGREEMENT shall control. All previous bids, 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 or exception to any of the terms, conditions, and provisions of this AGREEMENT shall be considered valid unless specifically agreed to in writing by the parties.
24. 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.
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 Bonander Truck and Trailer has caused this AGREEMENT to be duly executed as of the Effective Date.
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EXHIBIT B
BONANDER AUTO TRUCK & TRAILER
PRICING SCHEDULE
35-40% DISCOUNT
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1 BONANDER AUTO, TRUCK & TRAILER, INC. ANNUAL
AGREEMENT #284301 – FOR FLEET SERVICES
This agreement, hereinafter called AGREEMENT, made and entered into in the City of Modesto, 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 Bonander Auto, Truck & Trailer, Inc., a California Corporation, hereinafter called CONTRACTOR.
W I T N E S E T H:
WHEREAS, the Modesto City Council adopted Resolution No. 2025-______ authorizing the Award of Bid and agreement for FLEET SERVICES to CONTRACTOR, attached hereto as Exhibit “A” and made a part hereof, and
WHEREAS, the CITY and CONTRACTOR shall enter into an agreement for SHOP RATE SERVICE as described in Price Schedule, attached hereto as Exhibit “B” and made a part hereof (hereinafter called Price Schedule).
NOW, THEREFORE, the parties hereto mutually agree as follows:
1. THE WORK:
a) CONTRACTOR shall furnish all labor, materials, equipment, fuel, tools, licenses, bonds and insurance necessary to perform and complete the required work as specified in Exhibit “B”, and in strict #5..
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2 accordance with the conditions of the complete AGREEMENT. b) CONTRACTOR shall do and perform the work contemplated hereby in a good workmanlike manner under the direction of and to the satisfaction of the CITY Representative. c) CONTRACTOR shall maintain proper insurance with the CITY for the duration of the AGREEMENT.
d) CONTRACTOR shall maintain a CITY business license for the duration of the AGREEMENT.
e) CONTRACTOR shall furnish said services at the following AGREEMENT rates for an estimated annual amount $60,000. The total amount paid by CITY to CONTRACTOR over the full term of the AGREEMENT shall not exceed $300,000. Unless the services provided are for a lump sum or flat fee, fees for work performed by CONTRACTOR on an hourly basis shall not exceed the amounts shown on Bid attached hereto as Exhibit B.
AGREEMENT PRICING
Listed in Exhibit B
2. CITY REPRESENTATIVE:
CITY Representative is: Patrick Crowley, Fleet Manager, 209-342-2214, [email protected]
Purchasing Representative: Nani Hollingsworth, Assistant Buyer, 209-577-5296, [email protected]
The CITY Representative is not authorized to commit the CITY to changes in specifications, requirements, or scope of work, changes in price(s), period of performance or delivery date(s) or method of shipment. Changes of a contractual or business nature shall be effective only by written change to the AGREEMENT, issued by the City of Modesto, Purchasing Division. #5..
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3 3. CONTRACTOR CONTACT:
Bonander Truck & Trailer
Derrick Russell
4520 N Golden State Blvd
Ph. 209-634-5834
[email protected]
4. TERM OF AGREEMENT:
The term of the AGREEMENT shall be for a period of two years, with three one-year extension options at the sole discretion of CITY, for a total of up to five years.
Year 1: MAY 1, 2025 through APRIL 30, 2026
Year 2: MAY 1, 2026 through APRIL 30, 2027
Year 3: MAY 1, 2027 through APRIL 30, 2028
Year 4: MAY 1, 2028 through APRIL 30, 2029
Year 5: MAY 1, 2029 through APRIL 30, 2030
Pricing as set forth in Section 1.e. above shall remain firm for the first two years of the AGREEMENT.
Price increases for any subsequent AGREEMENT years following the second year, shall not exceed the percentage change in the Consumer Price Index (CPI) for the City of Modesto West Urban Area in any one AGREEMENT year, and shall be negotiated through the Purchasing Division. Requests for price increases shall be submitted by CONTRACTOR in writing, ninety (90) days prior to the annual anniversary date of the AGREEMENT to be effective for the subsequent year.
Price adjustments for diesel fuel fluctuations may be considered. A thirty (30) day written notice is required for consideration. Any price adjustment shall be negotiated through the Purchasing Division, and approved at the sole discretion of the CITY.
The index used to determine price adjustments on diesel fuel shall come from the Energy Information Administration Website: HTTPS://WWW.EIA.GOV/PETROLEUM/GASDIESEL/, California data
5. LIABILITY INSURANCE:
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4 The CONTRACTOR shall provide, at its own expense, and maintain at all times the following insurance with insurance companies licensed in the State of California and shall provide evidence of such insurance to the CITY as may be required by the City Clerk of the CITY. The policies or certificates thereof shall provide that, at least 30 days prior to cancellation or material change in the policy, notices of same shall be given to the Risk Manager of the CITY via PINS Advantage Insurance Program, for all of the following stated insurance policies.
a. General Liability - insurance with a minimum limit of liability per occurrence of $1,000,000 for bodily injury and property damage. If Commercial General Liability Insurance or other form with a general aggregate limit is used, either the general aggregate limity shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit. Vendor must show proof of Garage Liability with a minimum limit of liability per occurrence of $1,000,000 and Garage Keeper’s Liability with a minimum of $75,000 coverage.The insurance shall indicate on the certificate of insurance the following coverage and indicate the policy aggregate limit applying to: premises and operations; broad form contractual; independent contractors and subcontractors; products and completed operations; and/or professional liability. b. Automobile Liability – insurance with a minimum limit of liability per occurrence of $1,000,000 for bodily injury and property damage and transportation related pollution liability. This insurance shall cover any automobile for bodily injury and property damage.
c. Workers' Compensation - in compliance with the statutes of the State of California, plus employer's liability with a minimum limit of liability of $1,000,000 per accident for bodily injury or disease.
If at any time any of said policies shall be unsatisfactory to the CITY, as to form or substance or if a company issuing such policy shall be unsatisfactory to the CITY, the CONTRACTOR shall promptly obtain a new policy, submit the same to the CITY’s Risk Manager for approval and submit a certificate thereof as hereinabove provided. Upon failure of the CONTRACTOR to furnish, deliver or maintain such insurance and certificates as above provided, this AGREEMENT, at the election of the CITY, may be forthwith declared suspended, or terminated. Failure of the CONTRACTOR to obtain and/or maintain any required insurance shall #5..
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5 not relieve the CONTRACTOR from any liability under this Agreement, nor shall the insurance requirements be construed to conflict with or otherwise limit the obligations of the CONTRACTOR concerning indemnification.
The CITY, its agents, officers, employees, and volunteers shall be named as an additional insured on all insurance policies required herein, except Workers' Compensation.
The Workers' Compensation insurer shall agree to waive all rights of subrogation against the CITY, its agents, officers, employees, and volunteers for losses arising from work performed by CONTRACTOR for the CITY.
The CONTRACTOR’s insurance policy(ices) shall include a provision that the coverage is primary as respects the CITY; shall include no special limitations to coverage provided to additional insured; and, shall be placed with insurer(s) with acceptable Best's rating of A:VII or with approval of the CITY’s Risk Manager.
For any claims related to this AGREEMENT, the CONTRACTOR’s insurance coverage shall be primary insurance as respects CITY, its officers, officials, employees, and volunteers. Any insurance or self-insurance maintained by CITY, its officers, officials, employees, or volunteers shall be excess of the CONTRACTOR’s insurance and shall not contribute with it.
6. PAYMENT:
CONTRACTOR shall invoice CITY not less than once per month based on the cost for services performed and reimbursable costs incurred prior to the invoice date. All invoices shall be paid in full the following payment terms within thirty days after completion and acceptance of the Services by the CITY, and receipt of a properly prepared invoice, CITY will pay CONTRACTOR [TO BE DETERMINED BY IFB RESPONSE IN FINAL AGREEMENT, EITHER “Net 30 terms via CITY’s ePay Program” or “Net 45 Days via manual check”.]. The CITY is exempt from payment of Federal Excise Tax, and all invoices shall be exclusive of such excise tax.
Invoice to: City of Modesto
Attn: Accounts Payable
P.O. Box 642
Modesto, CA 95353
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6 Email to: [email protected]
At a minimum, invoices shall state the following:
This AGREEMENT #284301
CITY department/division name and address
Billing period
Service hours worked day and week
Unit price, extended price, sales tax and total
7. INDEMNITY: The CONTRACTOR shall hold the CITY, its agents, officials, 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, officials, officers, employees, or volunteers relating to or during the performance of its obligations under this AGREEMENT. CONTRACTOR’s obligation to defend, indemnify, and hold the CITY, its agents, officials, 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.
8. VENUE & GOVERNING LAW:
Venue for any dispute or claim arising or related to this AGREEMENT its performance, breach, or interpretation (including issues about its validity or enforceability), shall be exclusively in the Superior Court of Stanislaus County or the United States District Court for the Eastern District of California This AGREEMENT shall be deemed made in, governed by, performed in, and construed and enforced in accordance with the laws of the State of California, without giving effect to its conflicts of laws provisions or principles.
9. ATTORNEYS’ FEES: If a party to this AGREEMENT brings any action, including an action for declaratory relief, to enforce or interpret the provision of this AGREEMENT, the prevailing party shall #5..
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7 be entitled to reasonable attorneys’ fees in addition to any other relief to which that party may be entitled. The court may set such fees in the same action or in a separate action brought for that purpose.
10. COMMENCEMENT AND COMPLETION OF THE WORK:
The work contemplated herein shall be commenced as immediately after the agreement administrator receives and has on file:
Proofs of insurance (approved by CITY Risk Manager); and Executed Agreement;
a. Resolution No.2025-_______;
b. Contractor’s City of Modesto business license
11. TERMINATION OF SERVICES:
Termination for Default: In the event either party fails to perform under this AGREEMENT or breaches any condition contained herein, the other party shall notify in writing the breaching party of the nonperformance. Within 10 days after receipt of notification, the breaching party shall correct any nonperformance to the reasonable satisfaction of the non-breaching party, or such other time as may be identified in the notice. Failure to correct any non-performance shall allow the non-breaching party to terminate this AGREEMENT for cause.
Termination by City for Convenience: The City may also terminate this AGREEMENT the Contractor's performance under the Agreement, either in whole or in part, at its own discretion and without cause.
Post-Termination Procedure
Upon receipt of a written notice of termination pursuant to either of the foregoing paragraphs, the CONTRACTOR shall:
a. 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; b. Terminate all orders and subcontracts except as necessary to complete any portion #5..
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8 of the SERVICES that are 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, but in no event shall recovery by any CONTRACTOR or subcontractor include lost profits for portions of the SERVICES 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 CONTRACTOR in performing the SERVICES 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 SERVICES 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 SERVICES and/or property related to the SERVICES;
h. 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 SERVICES.
i. CONTRACTOR understands and agrees that CITY may, in CITY’s sole discretion, refuse to pay CONTRACTOR for that portion of CONTRACTOR's SERVICES which were performed by CONTRACTOR on the project prior to the termination date and which remain unacceptable and/or not useful to CONTRACTOR as of the termination date.
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9 CITY will pay CONTRACTOR for SERVICES actually completed prior to the receipt of the termination notice or otherwise 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 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 SERVICES such as subcontractor agreements or contracts for materials; b. The AGREEMENT price allocable to the portion of the SERVICES properly performed or goods supplied to the work site 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 for such SERVICES.
12. COMPLIANCE WITH ALL LAWS:
CONTRACTOR hereby agrees that CONTRACTOR and its subcontractors, if any, in the performance of the SERVICES described herein, 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.
13. FAILURE TO PERFORM SATISFACTORY WORK: It is agreed and understood that if the CONTRACTOR fails to perform the SERVICES as specified herein, CITY's representative may:
a. Consent to accept such unsatisfactory service with an appropriate adjustment in contract price, based on established cost factors,
b. Have such required work done by CITY forces or otherwise, and charge the cost thereof to the CONTRACTOR, or
c. Recommend termination of AGREEMENT between said the CONTRACTOR and the City of Modesto.
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10 Those discrepancies and deficiencies in the SERVICES that remains uncorrected after the date set for correction may be the necessary justification for a billing adjustment in the month following the occurrence.
Unless otherwise negotiated, billing adjustments for this incomplete or uncorrected work shall be permanent retention of 100% of the estimated monthly cost for the SERVICES not corrected or completed.
14. ASSIGNMENT OF RIGHTS: The CONTRACTOR offers and agrees, and will require all subcontractors and suppliers to agree, to assign to the CITY all rights, title, and interest in and to all causes of action it and they may have under Section 4 of the Clayton Act (15 United States code, Section 15) or under the Cartwright Act (Business and Professions Code, Section 16700 et seq.), arising from the acquisition of goods, services, or materials pursuant to this AGREEMENT or any allowed subcontract. The assignment made by CONTRACTOR and all assignments made by subcontractors and suppliers shall be made and become effective at the time the CITY makes final payment to The CONTRACTOR, without further acknowledgment by the parties (Government Code, Sections 4550-4554).
15. CITY PROCESS/PROCEDURE APPROVALS: CITY approval of any process or procedure shall not relieve CONTRACTOR of its responsibility to furnish the required SERVICES meeting all specifications contained herein.
16. CONTRACTOR'S RESPONSIBILITY FOR DAMAGES: If CONTRACTOR damages any property belonging to the CITY or a third party, the CONTRACTOR will be required to make repairs immediately, at CONTRACTOR’s sole cost and expense, to the satisfaction of the CITY. In the event that CONTRACTOR fails to perform the necessary repairs, the CITY may either retain from the money due to CONTRACTOR an amount sufficient to repair the damage or perform the repairs and send an invoice to the CONTRACTOR for such costs, which shall be paid within thirty (30) days.
17. NOTICES:
Any notice, payment or instrument required or permitted by this AGREEMENT to be given or delivered to either party shall be deemed to have been received when personally delivered, or one calendar #5..
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11 week following deposit of the same in any United States Post Office, registered or certified mail, postage prepaid, addressed as follows:
CONTRACTOR: Bonander Truck & Trailer
Derrick Russell
4520 N Golden State Blvd
Turlock, CA 95382
Ph. 209-634-5834
[email protected]
CITY: City of Modesto
Purchasing Division
P.O. Box 642
Modesto, CA 95353
Each party may change its address for delivery of notice by delivering written notice of such change of address to the other party.
18. SIGNATORY(IES) FOR CONTRACTOR:
Each signatory for CONTRACTOR below warrants and represents that it is legally competent to, and have full authority to, execute the AGREEMENT.
19. QUANTITIES: No minimum or maximum is guaranteed or implied.
20. FUNDING: All annual extensions are based upon continuous funding for that purpose by the City Council. Failure to fund any annual extension shall result in an immediate termination of the AGREEMENT without redress.
21. OTHER GOVERNMENT/PUBLICLY FUNDED AGENCIES: If mutually agreeable to all parties, the issuance of any resultant contract/purchase order referencing these specifications and modified by mutual agreement between all parties may be extended to other government or publicly funded agencies. It shall be understood that all terms and conditions as specified herein shall apply.
22. NON-DISCRIMINATION:
a. During the performance of this AGREEMENT, CONTRACTOR and any allowed subcontractors shall not unlawfully discriminate against any employee or applicant for employment because of race, color, #5..
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12 ancestry, religion, sex, national origin, marital status, age, medical condition (cancer related), physical handicap (including AIDS), sexual orientation, or any other basis prohibited by Federal or California law. Equal employment opportunity extends, but is not limited to recruitment, compensation, benefits, layoff, termination, and all other conditions of employment. The CONTRACTOR and any allowed subcontractors shall ensure that the evaluation and treatment of their employees and applicants for employment are free of such discrimination.
The CONTRACTOR and any allowed subcontractors shall comply with the provisions of the Fair Employment and Housing Act (Government Code, Section 12900 et seq.) and the applicable regulations promulgated thereunder (California Administrative Code, Title 2, and Section 7285.0 et seq.). The applicable regulations of the Fair Employment and Housing Commission implementing Government Code, Section 12900, set forth in Chapter 5 of Division 4 of Title 2 of the California Administrative Code are incorporated into this contract by reference and made a part hereof as if set forth in full. b. The CONTRACTOR and any allowed subcontractors shall give written notice of their obligations under this clause to labor organizations with which they have a collective bargaining or other agreement.
c. The CONTRACTOR shall include the nondiscrimination and compliance provisions of this clause in any allowed subcontracts to perform SERVICES. d. The Contractor shall permit access by representatives of the Department of Fair Employment and Housing and the CITY upon reasonable notice at any time during the normal business hours, but in no case less than 24 hours notice, to such of its books, records, accounts, other sources of information and its facilities as said Department or CITY shall require to ascertain compliance with this AGREEMENT. e. By executing this AGREEMENT, CONTRACTOR certifies that it shall follow and be in compliance with the Americans with Disabilities Act of 1990, the applicable administrative requirements promulgated in response thereto, and any other applicable Federal laws and regulations relating to handicap discrimination and participation, and will continue to do so for at least the duration of the AGREEMENT and any extensions thereof.
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13 23. CONTRACTOR LICENSES & PERMITS: CONTRACTOR warrants and represents that it possesses and shall maintain all licenses, and shall secure and maintain all necessary permits, necessary to perform the SERVICES.
24. RECORDS: All final versions of reports, data, maps, models, charts, studies, surveys, photographs, memoranda, plans, studies, specifications, records, files, or any other documents or materials, in electronic or any other form, that CONTRACTOR prepares or obtains pursuant to this Agreement and that relate to the matters covered hereunder shall be the property of the CITY. CONTRACTOR hereby agrees to deliver those documents to the CITY upon termination of the AGREEMENT, and the CITY may use, reuse or otherwise dispose of the documents without CONTRACTOR’s permission. It is understood and agreed that the documents and other materials, including but not limited to those described above, prepared pursuant to this AGREEMENT are prepared specifically for the City and are not necessarily suitable for any future or other use.
25. FACILITIES AND EQUIPMENT: Except as set forth herein, CONTRACTOR shall, at its sole cost and expense, provide all facilities and equipment that may be necessary to perform the services required by this AGREEMENT. CITY shall make available to CONTRACTOR only the facilities and equipment listed in EXHIBIT “B” and “C”, and only under the terms and conditions set forth herein.
26. INDEPENDENT CONTRACTOR; NOT AGENT: At all times during the term of this AGREEMENT, CONTRACTOR shall be an independent contractor and shall not be an employee of CITY. CITY shall have the right to control CONTRACTOR only insofar as the results of CONTRACTOR’s services rendered pursuant to this AGREEMENT. Except as City may specify in writing, CONTRACTOR shall have no authority, express or implied, to act on behalf of CITY in any capacity whatsoever as an agent. CONTRACTOR shall have no authority, express or implied, pursuant to this AGREEMENT to bind City to any obligation whatsoever.
27. DRUG FREE WORKPLACE: CONTRACTOR certifies that it is following and in compliance with Sections 8350 - 8355 of Chapter 5.5 of the Government Code, Drug Free Workplace Act whereby each person or organization awarded a contract/purchase order or grant for the procurement of any property or service from #5..
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14 any state agency (city) shall certify to the contracting or granting agency that it will provide a drug free workplace.
28. ASSIGNMENT:
Neither this AGREEMENT nor any SERVICES hereunder shall be subcontracted or assigned by CONTRACTOR without the prior written consent of the CITY in each and every instance.
29. 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.
30. HEADINGS NOT CONTROLLING:
Headings used in the Agreement are for reference purposes only and shall not be considered in construing this AGREEMENT.
31. MISCELLANEOUS:
Time is of the essence in CONTRACTOR’s performance under each provision of this AGREEMENT.
32. ENTIRE AGREEMENT:
This Agreement and its exhibits contain the entire understanding between CONTRACTOR and CITY. Additional or new terms contained in this AGREEMENT which vary from CONTRACTOR’S bid are controlling and are deemed accepted by CONTRACTOR by performance of any SERVICES or other commencement of performance hereunder. The terms and conditions of the IFB, attached hereto as Exhibit C, are incorporated herein. In the event of a conflict between the IFB and this AGREEMENT, this AGREEMENT shall control. All previous bids, 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 or exception to any of the terms, conditions, and provisions of this AGREEMENT shall be considered valid unless specifically agreed to in writing by the parties. #5..
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15 33. 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.
IN WITNESS WHEREOF, the CITY OF MODESTO, a municipal corporation, has authorized the execution of this Agreement 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 _____________________has caused this Agreement to be duly executed.
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1 Exhibit B
Price Schedule
Bonander Auto Truck & Trailer
Service Price Unit
Shop Rates 185.00 Per Hour
Parts Discount 35-40%
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CITY OF MODESTO
COMMITTEE AGENDA REPORT
DATE OF MEETING:
April 21, 2025
April 1, 2025
TO: Finance Committee
Rosa Escutia-Braaton, Chair
David Wright, Vice Chair
Nick Bavaro, Member
THROUGH: Joseph P. Lopez, City Manager
FROM: Bill Sandhu, Director of Public Works
SUBJECT: First Amendment to Agreement for the Purchase of Software Programming and License with Carahsoft Technology Corp.
CONTACT: Rosene Nguyen, Integrated Waste Manager, [email protected], 209-577-5453
DESCRIPTION:
Consider the First Amendment to Agreement with Carahsoft Technology Corp., of Reston, Virginia, increasing the Agreement amount by $49,867 to a revised total amount not to exceed $243,232 over the term of the original Agreement and forwarding to Council for approval. (Funding Source: Solid Waste Management Fund)
STRATEGIC PLAN ELEMENT:
The recommended action supports the City’s 2020-2025 Strategic Plan Initiative: Quality of Life Goals and Strategies; “engage partners across the community to ensure the safety, resilience, and attractiveness of Modesto”; Goal D: “Provide safe, efficient, and reliable infrastructure through proactive community investment, maintenance, and sustainability efforts.” BACKGROUND:
The Solid Waste Division is responsible for solid waste code enforcement throughout the City of Modesto, including illegal dumping in the public right of way, service violations, contamination, and other waste-related violations. Further, staff must maintain records on all waste collection, levels of service, inspections and route reviews, disposal sites, edible food recovery, waivers, shared containers, self-haul options, and related outreach and education, as required by the State of California’s waste enforcement agency, the Department of Resources, Recycling, and Recovery (CalRecycle).
This data is stored in numerous locations on the Solid Waste Shared Drive using both Microsoft Access and Excel. These databases are cumbersome and prone to errors and lost data. Access is used to store all data related to code enforcement and commercial customers but is not #6..
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Finance Committee, April 21, 2025
First Amendment to Agreement for the Purchase of Software Programming and License with Carahsoft Technology Corp.
supported by the City of Modesto Information and Technology Department. When an error occurs, the database must be manually re-booted, and staff are unable to access or enter new data until complete. Staff are also limited by the number and complexity of reports that can be generated through Access or Excel and by the total number of cases that can be entered. Each year has its own database, meaning that repeat violations may not be noticed and addressed appropriately.
On June 4, 2024, by Resolution No. 2024-185, Council approved an Agreement for the Purchase of Software Programming and License under the competitive bidding process for NASPO ValuePoint through the State of Utah with Carahsoft Technology Corp. of Reston, Virginia for a total amount not to exceed $193,365.
DISCUSSION:
The Solid Waste Division purchased a cloud-based software system for tracking of data and code enforcement needs. City staff met with Carahsoft and Salesforce staff regularly since purchasing to customize the functions of the software. In that time, both parties identified areas where the original contract did not fully address the City’s needs. This requested amendment includes six new templates as well as data loading and additional project management that are critical to the final product. Rebidding at this stage of the project would require the team currently working on and familiar with the project to stop. The City would incur the financial burden of bringing another team or vendor up to speed on the work that has already been completed to resume the project. Not only is this not cost effective, but this would also further extend the timeline of the 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 be formally bid. However, exceptions to the formal bidding process are granted in MMC 8-3.204(f) “Where the Purchasing Manager, in his or her discretion, determines that it is appropriate to amend the services or goods provided under an existing agreement to include additional similar goods or services, of limited quantity or scope, in order to increase efficiency and avoid delays or disruptions to City projects or services.
Task 1: Data Loading (12 Data Sources)
The proposed First Amendment includes data loading from twelve existing sources that City staff currently maintain into the final customized software. This task will consolidate data and input it in the new database, providing staff with relevant data needed to begin using the software immediately upon completion of development.
Task 2: New Template Creation (6 Templates)
Six additional templates will enable staff to include the following procedures and all corresponding documents in the software:
Commercial Waivers (includes Multi-Family Dwellings)
Shared Container Contracts
Additional Violation Notices
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Finance Committee, April 21, 2025
First Amendment to Agreement for the Purchase of Software Programming and License with Carahsoft Technology Corp.
Task 3: Project Management
Project management includes client review meetings, project oversight, execution, office administration, invoicing, coordinating work between the software architect and designer, and coordinating and reporting on the progress of the project to the City.
FISCAL IMPACT:
The original approved Agreement cost was $193,365 which included a one-time development of customized software that meets the needs of the Solid Waste Division in the amount of $125,312 and one year of subscription to the provided software for $68,053. Funding was allocated from the Solid Waste Management Fund and from Senate Bill (SB) 1383 Implementation grant provided by CalRecycle. The First Amendment will increase the Agreement total by $49,867. Funding will be allocated from the Solid Waste Management Fund.
Table 1. First Amendment Cost Estimate per Task:
Task Description Cost Estimate
Task 1 – Data Loading (12 Data Sources) $ 26,134
Task 2 – New Template Creation (6 Templates) $ 16,000
Task 3 – Project Management $ 7,733
Grand Total $ 49,867
RECOMMENDED COMMITTEE ACTION:
Staff Recommendations:
Motion recommending the First Amendment to Agreement with Carahsoft Technology Corp., of Reston, Virginia, increasing the Agreement amount by $49,867 to a revised total amount not to exceed $243,232 over the term of the original Agreement; and forwarding to Council for approval.
Approved by:
Bill Sandhu, Public Works Director
Joseph P. Lopez, City Manager
Attachments:
1. First Amendment
2. Original Signed Agreement (with all Exhibits)
3. Bid Waiver
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carahsoftCARAHSOFT TECHNOLOGY CORP.’S
Statement of Work for
City Of Modesto
Q# [53005689]
Contract NASPO Cloud Solutions CA
February 27, 2025
SOLUTION PROVIDED BY
FOR
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Executive Summary
Change Order to Public Works Waste Management Solution for Data Loading and New Template Creation.
Statement of Work
Change Order to Public Works Waste Management Solution
Data loading (98 hours)
• 12 data sources
o Code Database (inspections/cases)
o Residential Route Inspections (Bertolotti)
o Residential Route Inspections (Gilton)
o Residential Accounts GSW Bills (placeholder accounts) o City Billed Accounts
o GSW Adu List
o BDS Residential Customer Database
o BDS ADU List
o Commercial Accounts Database (5 tabs incl. Waivers)
o Box-Compactor List
o Compactor Customer List - Bertolotti
o Small Bin Compactors
• Data analysis
• Field mapping
• Object and field updates
• Initial data load
• Final data load
New template creation (60 hours)
• Six (6) new templates
• Design working sessions
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Project Management (29 hours)
• Management of data loading and template creation tasks • Client review meetings
• Reporting
Terms
• Terms of this change order are based on the original agreement executed in July of 2024 for "Public Works Waste Management Solution" SOW ID #42407762 • All project activities will be conducted remotely
• There will be no travel expenses associated with this SOW Project Resource Rate Table
• As a change order to the agreement executed in July 2024, this agreement reflects the same rate card from 2024. Subsequent projects would reflect the 2025 rate card.
Project Team
• Salesforce Developer
• Project Manager
Client Responsibilities
• Provide a list of requested enhancements/issues and prioritize with the Summit consultant.
• Provide a single point of contact to coordinate with Summit consultant. • Respond to requests for information on a timely basis. Delays in request for information could prevent Summit from completing the work in a timely manner.
User Acceptance Testing
• Client is responsible for all User Acceptance Testing activities. • Client is responsible for performing User Acceptance Testing, on a timely basis. • User testing must be completed within the time frames detailed in the project timeline.
Any delays could lead to a change order through Carahsoft and a corresponding increase in costs to the Client.
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Not Included
• Custom development or code, including Apex, Visualforce, JavaScript or other coded solutions
• The project software licensing requirements for the Salesforce products and any thirdparty solutions are not included in this proposal. All software licenses, associated yearly renewals, and setup services are the sole responsibility of the Client. Any missing software licenses for products that are deemed necessary for this project may result in additional services scope and will necessitate a Change Order through Carahsoft to implement a work around.
Assumptions
Project assumptions are foreseeable events or situations we can expect during the implementation.
• Scope is based on information provided to date as included in this SOW. • All estimates assume work to be done in a production environment unless explicitly stated otherwise. Working in a sandbox environment may be done at Client’s request but adds 10-20% to any estimates and may require a change order through Carahsoft.
Implementation Services
The pricing described below is based on the information available at the time of signing and the assumptions, dependencies and constraints, and roles and responsibilities of the Parties, as stated in this change order.
Terms
Payment to Carahsoft in full, Due on Receipt
Service Investment
Data Loading (12 data sources) $26,133.33
New template creation (6 templates) $16,000
Project Management $7,733.33
Total $49,866.66
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Signatures
By signing below and accepting contractual terms and conditions, including Definitions, Payment Terms, Confidentiality, Limitation of Liability, Indemnification and Non-Solicitation provisions, Client understands and acknowledges that both parties accept this Change Order as presented.
IN WITNESS WHEREOF, this Agreement has been acknowledged, accepted, agreed to, and executed by the parties hereto through their duly authorized officers on the date(s) set forth below.
ACKNOWLEDGED, ACCEPTED AND AGREED TO:
Carahsoft Technology Corporation “Carahsoft” City of Modesto – “Client” Name: \fullname1 {“textsize”:”small”,”width”:”172”}\ Name: \fullname2 {“textsize”:”small” ,”width”:”172”}\ Title: \title1 {“textsize”:”small” ,”width”:”172”}\ Title: \title2 {“textsize”:”small” ,”width”:”172”}\ Signature: Signature:
\signature1 {“size”:”large”}\ \signature2 {“size”:”large”}\ Date: \date1 {“textsize”:”small” ,”width”:”172”}\ Date: \date2 {“textsize”:”small” ,”width”:”172”}\
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CITY OF MODESTO
COMMITTEE AGENDA REPORT
DATE OF MEETING:
April 21, 2025
Date: March 12, 2025
TO: Finance Committee:
Rosa Escutia-Braaton, Chair
David Wright, Vice-Chair
Nick Bavaro, Member
THROUGH: Joseph P. Lopez, City Manager
FROM: Bill Sandhu, Director of Public Works
SUBJECT: First Amendment Tree Pruning and Removal Services Contract CONTACT: Mike Johnson, Forestry Manager, [email protected], 209-342-4566 DESCRIPTION:
Consider the First Amendment with Greentek Services, LLC, Oroville, CA, for Tree Pruning and Removal Services increasing the Agreement amount by $300,000 and Rumble Tree, Inc., Modesto, CA for Tree Pruning and Removal Services increasing the Agreement amount by $1,594,350 and forwarding to Council for approval. (Funding Source: Measure H Fund) STRATEGIC PLAN ELEMENT:
This item is consistent with the following 2020-2025 Strategic Plan Area of Focus: Quality of Life, “engage partners across the community to ensure the safety, resilience, and attractiveness of Modesto”; Goal B: “Increase pride in Modesto’s diverse neighborhoods and business districts through beautification efforts and by investing in community assets and amenities”; and Governance and Service Delivery, “build community trust in City government through responsive, transparent and efficient service delivery”, Goal I: “promote trust and engagement between the community and the City.”
BACKGROUND:
In recent years, the demand for tree pruning and removal services within the City’s urban forest exceeded the City Forestry Division’s available time and resources. Staff’s difficulty in providing these services raises safety concerns as there is a significant backlog of trees that need to be trimmed or removed (well over 20,000) and stumps that need to be ground (at least 3,000).
On June 6, 2023, by Resolution 2023-266, Council approved the Fiscal Year (FY) 2023-2024 budget, which included $1,550,000 of Measure H funding for tree maintenance. This much needed funding and the significant demand for tree pruning and removal services created the need for new agreements with multiple professional service providers. This will enable the City to better manage trees and catch up on the significant backlog of tree related citizen requests, #7..
- 496 -
Finance Committee, April 21, 2025
First Amendment Tree Pruning
and Removal Services Contract
increase efficiency in response to weather related damage, reduce the risks of vegetation fires and increase public safety throughout the City.
On October 10, 2023, by Resolution 2023-455, Council approved the Agreements for Tree Pruning and Removal Services with West Coast Arborists, Inc., Anaheim, CA; Greentek Services, LLC, Oroville, CA; and Rumble Tree, Inc., Modesto, CA in a total amount between all Agreements combined not to exceed $10,320,000 over five years.
On June 4, 2024, by Resolution 2024-190, Council approved the FY 2024-25 budget, which included an adjustment request for Measure H funding in an amount of $550,000 in additional funding for outside contractors (Pruning, Removal, and Stump Grinding) calling out GreenTek Services, LLC and Rumble Tree, Inc., and an adjustment request for Measure H funding in the amount of $1,094,350 for reforestation of City trees, calling out Rumble Tree Service. Over the next five years Rumble Tree will assist in replanting trees at "open locations" while also conducting tree and stump removal operations in other areas identified. Breaking this down over a five-year span would average 230 new trees planted each year in identified areas.
DISCUSSION:
These agreements will continue to assist the Forestry Division in catching up with deferred tree maintenance that has built up over the past decade providing for a safer environment and healthier urban forest for the citizens of Modesto. Many trees in Modesto’s urban forest are experiencing limb and tree failure due to extended pruning cycles, defects within the trees, storms, drought, vandalism, disease, and lack of young tree training. These agreements will directly impact the trees throughout the City, improving the health and safety for residents and visitors alike.
With aging trees and challenges of keeping up with the backlog, there has been an increase of service requests. In addition to aging trees, the size and geographic location of some of the trees, state mandated maintenance, and occupant needs, have magnified the need to apply more regularly scheduled maintenance. Staff is requesting additional funding to the current agreements to provide services for those requests.
Modesto Municipal Code Section 8-3.203 generally requires all purchases, which meet or exceed $100,000 for material, equipment, or contractual services to be formally bid. However, exceptions to the formal bidding process are granted in MMC 8-3.204(f) “Where the Purchasing Manager, in her discretion, determines that it is appropriate to amend the services or goods provided under an existing agreement to include additional similar good or services, of limited quantity or scope, in order to increase efficiency and avoid delays or disruptions to City projects or services.” The City has determined that an increase in Agreement funding is required to ensure adequate funding allowance to cover the increased demand for services.
FISCAL IMPACT:
The proposed increase of $1,844,350 is due in part of overspending caused by an unexpected increase in maintenance needs and to ensure sufficient funds are budgeted in FY 2024-25 to cover the cost for this amendment. The two increased agreements will have a combined estimated annual amount of $1,277,870, resulting in a combined estimated five-year not to exceed total of $6,389,350. Funding for the agreements is budgeted as outlined below:
#7..
- 497 -
Finance Committee, April 21, 2025
First Amendment Tree Pruning
and Removal Services Contract
Tree Pruning Services – GreenTek Services, LLC
Maintenance funding is budgeted in the Measure H fund, tree maintenance services will be procured, as needed.
FUND TOTAL
0160 – Measure H – Public Works
(Cost Center: 56041)
$695,000
ESTIMATED ANNUAL AMOUNT $695,000
FIVE YEAR TOTAL NOT TO EXCEED $3,475,000
Tree Removal and Stump Grinding Services - Rumble Tree, Inc.
Maintenance funding is budgeted in the Measure H fund and Public Works cost centers, tree maintenance services will be procured, as needed.
FUND TOTAL
0160 – Measure H – Public Works
(Cost Center: 56041)
$382,870
4100 – Water Fund
(Cost Center: 45050)
$100,000
4210 – Wastewater Fund
(Cost Centers: 44313, 44211)
$100,000
ESTIMATED ANNUAL AMOUNT $582,870
FIVE YEAR TOTAL NOT TO EXCEED $2,914,350
RECOMMENDED COMMITTEE ACTION:
Staff Recommendations:
Motion recommending the First Amendments with Greentek Services, LLC, Oroville, CA, for Tree Pruning and Removal Services increasing the Agreement amount by $300,000 to a new total amount over five years of $3,475,000 and Rumble Tree, Inc., Modesto, CA for Tree Pruning and Removal Services increasing the Agreement amount by $1,594,350 for a new total over five years of $2,914,350 and forwarding to Council for approval. #7..
- 498 -
Finance Committee, April 21, 2025
First Amendment Tree Pruning
and Removal Services Contract
Approved by:
Bill Sandhu, Director of Public Works
Joseph P. Lopez, City Manager
Attachments:
1. GreenTek Services– First Amendment
2. Rumble Tree – First Amendment
3. GreenTek Services – Original Agreement
4. Rumble Tree - Original Agreement
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FIRST AMENDMENT TO ANNUAL AGREEMENT
WITH GREENTEK SERVICES, LLC FOR TREE PRUNING AND REMOVAL
SERVICES
This First Amendment to the Annual Agreement for Tree Pruning And Removal Services (“First Amendment”) is entered into between the CITY OF MODESTO, a municipal corporation of the State of California (hereinafter the “CITY”) and GREENTEK SERVICES, LLC, a California corporation (hereinafter “CONTRACTOR”) as of ________________, 2025 (the “Effective Date”).
RECITALS
This First Amendment is made with regard to the following recitals:
WHEREAS, CITY and CONTRACTOR previously entered into an Agreement for Tree Pruning And Removal Services on the 10th day of October 2023 (the “Original Agreement”).
WHEREAS, CITY and CONTRACTOR desire to amend the Original Agreement to increase compensation by $300,000.
NOW, THEREFORE, in consideration of this First Amendment, and the mutual promises, covenants, and stipulations contained in the Original Agreement and this First Amendment, the parties agree as follows:
1. Section 1, “SCOPE OF WORK”, subsection “f”, of the Original Agreement shall be deleted in its entirety and replaced with the following:
“CONTRACTOR shall furnish said services at the following agreement rates, estimated amount of $695,000 annually, for a total amount not to exceed $3,475,000 over five (5) years.”
2. Except as modified and amended by this First Amendment, all other provisions of the Original Agreement, shall remain unchanged and in full force and effect. #7..
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IN WITNESS WHEREOF, the City of Modesto, a municipal corporation, has authorized the execution of this First Amendment by its City Manager and attestation by its City Clerk under the authority of Resolution No. 2025-_____ on the _______ day of ______________, 2025, and GREENTEK SERVICES, LLC has caused this First Amendment to be duly executed as of the Effective Date.
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FIRST AMENDMENT TO ANNUAL AGREEMENT
WITH RUMBLE TREE, INC. FOR TREE PRUNING AND REMOVAL SERVICES This First Amendment to the Annual Agreement for Tree Pruning and Removal Services (“First Amendment”) is entered into between the CITY OF MODESTO, a municipal corporation of the State of California (hereinafter the “CITY”) and RUMBLE TREE, INC., a California corporation (hereinafter “CONTRACTOR”) as of _________________, 2025 (the “Effective Date”).
RECITALS
This First Amendment is made with regard to the following recitals:
WHEREAS, CITY and CONTRACTOR previously entered into an Agreement for Tree Pruning And Removal Services on the 10th day of October 2023 (the “Original Agreement”).
WHEREAS, CITY and CONTRACTOR desire to amend the Original Agreement to increase compensation by $1,594,350.
NOW, THEREFORE, in consideration of this First Amendment, and the mutual promises, covenants, and stipulations contained in the Original Agreement and this First Amendment, the parties agree as follows:
1. Section 1, “SCOPE OF WORK”, subsection “f”, of the Original Agreement shall be replaced in its entirety with the following:
“CONTRACTOR shall furnish said services at the following agreement rates, estimated annual amount of $582,870, for a total amount not to exceed $2,914,350 over five (5) years.”
2. Except as modified and amended by this First Amendment, all other provisions of the Original Agreement, shall remain unchanged and in full force and effect.
IN WITNESS WHEREOF, the City of Modesto, a municipal corporation, has authorized the execution of this First Amendment by its City Manager and attestation by its City #7..
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Clerk under the authority of Resolution No. 2025-_______ on the _________ day of _______________, 2025, and RUMBLE TREE, INC. has caused this First Amendment to be duly executed as of the Effective Date.
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CITY OF MODESTO
COMMITTEE AGENDA REPORT
DATE OF MEETING:
April 21, 2025
Date: March 25, 2025
TO: Finance Committee
Rosa Escutia-Braaton, Chair
David Wright, Vice-Chair
Nick Bavaro, Member
THROUGH: Joseph P. Lopez, City Manager
FROM: William Wong, Director of Utilities
SUBJECT: Stanislaus Elementary School 1,2,3-TCP Mitigation Project Final Initial Study/Mitigated Negative Declaration
CONTACT: Jim Alves, Senior Civil Engineer, [email protected], 209-571-5557 DESCRIPTION:
Consider a Final Initial Study/Mitigated Negative Declaration for the Stanislaus Elementary School 1,2,3-TCP Mitigation Project in accordance with the California Environmental Quality Act and forwarding to Council for approval. (Funding Source: Water Fund) STRATEGIC PLAN ELEMENT:
The recommended action supports the 2020-2025 City’s Strategic Plan Initiatives, Goal D:
Provide safe, efficient, and reliable infrastructure through proactive community investment, maintenance, and sustainability efforts.
BACKGROUND:
Stanislaus Elementary School is located at 1931 Kiernan Ave, about one mile outside of Modesto City limits within Stanislaus County. The School’s sole source of potable water is groundwater provided by a single well located on site and serving approximately 400 students and staff members. In the Spring of 2019 the Stanislaus Union School District was issued a compliance order (DER-19R-006) by Stanislaus County’s Department of Environmental Services notifying them that the School’s water system was in violation of the California Safe Drinking Water Act for containing levels of 1,2,3 Trichloropropane (1,2,3 TCP) above the maximum contaminate level allowed by the California Health and Safety Code and the California Code of Regulations and that they would need to seek out and implement a viable long-term water system solution or risk facing citations, penalties and the suspension or revoking of their drinking water permit.
In 2022 the School District, through Self-Help Enterprises, approached City staff about the City’s willingness to be considered as a potential supplier of water services in a Feasibility Study that was being conducted by their engineering consultant, Ardurra. The study included a Technical #8..
- 526 -
Finance Committee, April 21, 2025
Stanislaus Elementary School 1,2,3-TCP Mitigation Project Final Initial Study/Mitigated Negative Declaration
Memorandum prepared by West Yost Associates in 2023 summarizing a hydraulic evaluation of the City water systems ability to provide for the current and future projected needs of the school along with meeting fire flow requirements. The Study concluded that establishing City service could be a viable long-term water system solution.
DISCUSSION:
The School District is in the process of having a new school designed to replace the existing Stanislaus Elementary School, which is scheduled to be demolished upon completion of the new facility. The water project will be extending a new water main into undeveloped areas to serve the School. As the parcel where the current and future school is located will not be annexed into the City at this time, Staff is working with Stanislaus Local Agency Formation Commission (LAFCO) on the necessary approvals.
Self-Help, in coordination with the School District, has secured grant funding to cover the design cost and is in the process of applying for construction phase grant funding on behalf of the City.
There is no local match requirement associated with the anticipated grant funding. The project’s design is currently 90% complete.
Other alternatives considered to serve the School included onsite groundwater treatment and drilling a new well, neither of which were deemed long-term solutions. The School is located within the City’s General Plan boundary and is included in the City’s 2017 Water System Master Plan future service area.
FISCAL IMPACT:
There is no direct fiscal impact associated with approving the Final Initial Study/Mitigated Negative Declaration (IS/MND).
CEQA/NEPA REQUIREMENTS:
The California Environmental Quality Act requires that State and local agencies disclose and evaluate the significant environmental impacts of proposed projects and adopt all feasible mitigation measures to reduce or eliminate those impacts.
A Notice of Availability and Intent to Adopt the Final IS/MND, prepare by Ardurra on behalf of the City, was circulated to all Stakeholders within the project area as well as Public and State Agencies through the State Clearinghouse, a division of the Governor’s Office of Planning and Research.
The Draft IS/MND was made available for public review for 30 days beginning on December 29, 2024, and ending on January 28, 2025. Comment letters were received from the following agencies and are included along with responses to comments in the Final IS/MND:
Central Valley Regional Water Quality Control Board
County of Stanislaus, Planning and Community Development Department County of Stanislaus, Public Works Department
The Final IS/MND was prepared in compliance with the California Environmental Quality Act Guidelines, California Code of Regulations Title 14, § 15000. #8..
- 527 -
Finance Committee, April 21, 2025
Stanislaus Elementary School 1,2,3-TCP Mitigation Project Final Initial Study/Mitigated Negative Declaration
RECOMMENDED COMMITTEE ACTION:
Staff Recommendations:
Motion recommending the approval of the Final Initial Study/Mitigated Negative Declaration for the Stanislaus Elementary School 1,2,3-TCP Mitigation Project in accordance with the California Environmental Quality Act and forwarding to Council for approval.
Approved by:
William Wong, Director of Utilities
Joseph P. Lopez, City Manager
Attachments:
1. Final Initial Study/Mitigated Negative Declaration
2. Final Initial Study/Mitigated Negative Declaration – Appendices parts 1-3
3. Final Initial Study/Mitigated Negative Declaration – Response to Comments
4. Mitigation Monitoring and Reporting Program
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TABLE OF CONTENTS
I. PURPOSE ............................................................................................................................................................... 1 DEFINITIONS ........................................................................................................................................................ 3 II. PROJECT DESCRIPTION ................................................................................................................................ 1 III. FINDINGS / DETERMINATION .................................................................................................................... 18 IV. WITHIN THE SCOPE ANALYSIS OF THIS DOCUMENT ......................................................................................... 19 V. CURRENCY OF THE MASTER EIR DOCUMENT ................................................................................................... 20 VI. ENVIRONMENTAL ANALYSIS ...................................................................................................................... 21
1. AESTHETICS/ VISUAL RESOURCES .................................................................................................................. 21
2. AGRICULTURE AND FORESTRY RESOURCES ................................................................................................... 24
3. AIR QUALITY ................................................................................................................................................... 28
4. BIOLOGICAL RESOURCES ............................................................................................................................... 36
5. CULTURAL RESOURCES .................................................................................................................................. 45
6. ENERGY .......................................................................................................................................................... 50
7. GEOLOGY AND SOILS ..................................................................................................................................... 53
8. GREENHOUSE GAS EMISSIONS ...................................................................................................................... 59
9. HAZARDS AND HAZARDOUS MATERIALS ....................................................................................................... 64
10. HYDROLOGY AND WATER QUALITY ............................................................................................................. 71
11. LAND USE AND PLANNING ........................................................................................................................... 81
12. MINERAL RESOURCES .................................................................................................................................. 83
13. NOISE ........................................................................................................................................................... 84
14. POPULATION AND HOUSING ....................................................................................................................... 90
15. PUBLIC SERVICES ......................................................................................................................................... 91
16. RECREATION ................................................................................................................................................ 94
17. TRANSPORTATION ....................................................................................................................................... 96
18. TRIBAL CULTURAL RESOURCES [TO BE COMPLETED PER CONSULTATION SCHEDULE] ............................. 100
19. UTILITIES AND SERVICES ............................................................................................................................ 102
20. WILDFIRE ................................................................................................................................................... 107
21. MANDATORY FINDINGS OF SIGNIFICANCE ................................................................................................ 110 VII. REPORT PREPRATION .................................................................................................................................... 113
7.1 CITY OF MODESTO ..................................................................................................................................... 113
7.2 AGENCIES OF PERSONS CONTACTED ......................................................................................................... 113 VIII. REFERENCES ................................................................................................................................................. 114 IX. APPENDICIES ................................................................................................................................................... 118 #8..
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STANISLAUS ELEMENTARY SCHOOL 1,2,3-TCP MITIGATION PROJECT FINAL INITIAL STUDY/ MITIGATED NEGATIVE DECLARATION SCH #2024121117
FIGURES
Figure 1- Regional Location ................................................................................................................................... 10 Figure 2A- Water Improvements Local Vicinity Map ............................................................................................. 11 Figure 3A- Stanislaus County Land Use Map ......................................................................................................... 12 Figure 3B- City of Modesto General Plan Land Use Map....................................................................................... 13 Figure 4- Proposed Improvements within City of Modesto Water and Wastewater Master Plans....................... 14 Figure 5- Photo Location Map ............................................................................................................................... 15 Figure 6- Site Photos.............................................................................................................................................. 16 Figure 7- Farmland Adjacent to the Project Alignment ......................................................................................... 27 Figure 8: Noise Measurements.............................................................................................................................. 89 Figure 9:- Existing and Proposed Utilities............................................................................................................ 106 TABLES
TABLE 1: SURROUNDING LAND USES ...................................................................................................................... 1 TABLE 2: EXISTING DIVERSE USES WITHIN THE LOCAL VICINITY OF THE PROJECT ALIGNMENT............................. 2 TABLE 3: WELL 02 1,2,3-TCP MONITORING RESULTS .............................................................................................. 4 TABLE 4: PROJECT ALIGNMENT ............................................................................................................................... 6 TABLE 5: FEDERAL AND STATE POLLUTANT STANDARDS ...................................................................................... 28 TABLE 6: SAN JOAQUIN VALLEY AIR POLLUTION CONTROL DISTRICT ATTAINMENT STATUS................................ 30 TABLE 7: SJVAPCD AIR QUALITY SIGNIFICANCE THRESHOLDS ............................................................................... 30 TABLE 8: CONSTRUCTION RELATED REGIONAL POLLUTANT EMISSIONS............................................................... 33 TABLE 9: FEDERAL CONFORMITY ANALYSIS AND DE MINIMUS THRESHOLDS....................................................... 33 TABLE 10: POTENTIALLY OCCURRING SENSITIVE BIOLOGICAL RESOURCES .......................................................... 40 TABLE 11:CULTURAL RESOURCES WITHIN ONE-HALF MILE OF THE PROJECT LOCATION ..................................... 48 TABLE 12: PROJECT RELATED GREEHOUS GAS EMISSIONS....................................................................... 61 TABLE 13: PROJECT CONSISTENCY WITH CARB SCOPING PLAN POLICIES AND MEASURES .............. 62 TABLE 14: CONSISTENCY WITH MODESTO HAZARDOUS WASTE APPLICABLE GP MITIGATING POLICIES ............. 67 TABLE 15: RECEIVING WATERS 303(d) CONTAMINATION AND BENEFICAL USES.................................................. 74 TABLE 16: CONSISTENCY WITH MODESTO GP FLOODWAY AND WATER QUALITY APPLICABLE MITIGATING POLICIES................................................................................................................................................................. 75 TABLE 17: CONSTRUCTION EQUIPMENT VIBRATION SOURCE LEVELS .................................................................. 87 MITIGATION MONITORING AND REPORTING PROGRAM (Separate Cover) #8..
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STANISLAUS ELEMENTARY SCHOOL 1,2,3-TCP MITIGATION PROJECT FINAL INITIAL STUDY/ MITIGATED NEGATIVE DECLARATION SCH #2024121117 APPENDICIES (Separate Cover)
APPENDIX A: Air Quality and Greenhouse Gas Impact Study/Energy (Ganddini 2024) APPENDIX B: Biological Resources (ELMT 2024)
APPENDIX C: Cultural/Archaeological/Tribal/ Paleontological Resources Report (BCR Consulting 2023) and HPIR (BCR Consulting LLC, 2024)
APPENDIX D: Soils and Geotechnical (Universal Engineering Services 2023) APPENDIX E: Noise Study (Ganddini 2023)
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STANISLAUS ELEMENTARY SCHOOL 1,2,3-TCP MITIGATION PROJECT FINAL INITIAL STUDY/ MITIGATED NEGATIVE DECLARATION SCH #2024121117 CITY OF MODESTO PAGE 1
November 2024
City of Modesto
Initial Study/ Mitigated Negative Declaration Environmental Checklist I. PURPOSE
The purpose of this Initial Study/Mitigated Negative Declaration (IS/MND) is to evaluate and disclose to the public the level of significance of anticipated temporary and permanent physical changes in the environmental from constructing new water mains in Kiernan Avenue, Dale Road, and Tully Road, which are needed to extend the City of Modesto’s water system to the school and to supply potable water to the Stanislaus Elementary School. The extension of the City’s existing water system is considered a Project under the California Environmental Quality Act (CEQA) because it requires discretionary approval and permits and does not meet the definition of an exemption under CEQA Statute and Guidelines (Public Resources Code 21000-21189 and California Code of Regulations, Title 14, Division 6, Chapter 3, Sections 15000-15387).
The school’s existing water supply is from a well that has been contaminated with 1, 2, 3 Trichloropropane (1,2, 3 TCP), which is harmful to humans. Due to presence of 1,2,3-TCP in Well 02, the Stanislaus Elementary School must be served from an alternative water source pursuant to state regulations. The intended purpose of this IS/MND document is to evaluate environmental impacts from the construction of approximately 12,000 linear feet of 12-inch potable water pipeline for potable water supply to the school and is referred to as the “Project” in this document. The objectives of the Project are summarized as follows:
- Replacement of well water serving Stanislaus Elementary School with a source of drinking water that meets water quality standards;
- Sufficient hydraulic capacity to meet 4,000 gallons per minute (gpm) fire flow requirements while maintaining a 20-pounds per square inch (psi) residual pressure at the School; and, - Consistency with identified future improvements approved in the City’s General Plan and Master Plans.
This document is written to inform decision makers and the public on the environmental impacts from all phases of implementation of the Project pursuant to CEQA Statute and Guidelines. Levels of significance of environmental impacts are identified within Section 5.0 of this document according to the CEQA thresholds of significance that are found in Appendix G of the CEQA Guidelines (California Code of Regulations, Title 14, Division 6, Chapter 3, Sections 15000-15387). In this regard, the City of Modesto, as the Lead Agency, as well as Trustee and Responsible Agencies will utilize information in this document during their evaluation of the Project for discretionary approvals and permits. This document was circulated for 30-day public review and copies were made available to the public to inform stakeholders and interested parties on the potential environmental impacts of the Project and the levels of significant impacts that may result from implementation of the Project.
As the Lead Agency, the City of Modesto will use the information in this document as a basis for findings on whether the Project should require an EIR, Mitigated Negative Declaration, or Negative Declaration for compliance with CEQA as well as whether to approve the Project as proposed. This document and the City’s findings on the Project will provide an administrative record for decision making the Project. This document includes environmental analysis of all Project phases, including construction and long-term operations and maintenance, and is intended to fully disclose all reasonably anticipated impacts from the Project. Previously, this Project was considered conceptually as part of the City’s approved Water Master Plan (SCH# 2016082069); this IS/MND analyzes environmental impacts of the most feasible design alternative for Project implementation involving a location and metrics that were not specifically evaluated in the City’s Water Master Plan or General Plan for environmental impacts pursuant to the CEQA Checklist, Appendix G of the CEQA Guidelines.
This document is an IS/MND, including an Initial Study (IS) and a Mitigated Negative Declaration (MND) that have been prepared pursuant to the CEQA Statute (Public Resources Code 21000-21189) and CEQA Guidelines (California Code of Regulations, Title 14, Division 6, Chapter 3, Sections 15000-15387) to evaluate and fully #8..
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disclose to the public and decision makers, the reasons why the Project will have less than significant impacts with the incorporation of mitigation measures. As a first step in CEQA compliance, an Initial Study (IS) was prepared to describe all anticipated phases of the Project and to analyze impacts resulting from the Project implementation pursuant to Section 15063 (d) of the CEQA Guidelines. The IS utilizes the CEQA Environmental Checklist found in Appendix G of the most recent CEQA Guidelines as the foundation for environmental analysis and includes systematic discussion of existing conditions and impacts from short-term construction, long-term operation and maintenance, cumulative impacts, as well as potential for growth inducement resulting from Project Implementation. The IS incorporates by reference pertinent technical information and conclusions from the Environmental Impact Report (SCH# 201404081) that was prepared for the City of Modesto’s most recent General Plan, Water Master Plan (SCH# 201608269) and the Geotechnical Report for the Stanislaus Elementary School Expansion. The IS identifies where no impacts are anticipated, based on previously certified environmental reports, and where no further analysis is needed. Technical studies have been prepared for the Project documenting level of impacts from Project implementation on Air Quality, Greenhouse Gases, Energy, Noise, Cultural Resources and Biological Resources. Potentially significant environmental impacts resulting from Project implementation have been quantified and/or described qualitatively in these technical reports, which are appended to this IS/MND. Mitigation measures have been proposed for each potentially significant Project impact identified in the IS. The IS describes the effectiveness of mitigation measures for the Project. Furthermore, the mitigation measures for that have been identified in the IS to reduce Project impacts have been incorporated in the Mitigation Monitoring and Reporting Program (MMRP) for the Project pursuant to Public Resources Code, Section 21081.6. The MMRP identifies timing and responsible parties for implementation and will be used by the City and the Project contractor during construction to track implementation of mitigation measures and best management practices that are identified as required to reduce potentially significant impacts to less than significance.
The analysis in the IS concludes that a Mitigated Negative Declaration is the appropriate level of environmental review for CEQA compliance on the Project and that all potentially significant impacts will be mitigated to less than significance with the incorporation of best management practices, engineering standards, and mitigation measures for the Project listed in the MMRP, pursuant to the provisions of the California Environmental Quality Act (CEQA), Public Resources Code 21000, et seq. and State and Local CEQA Guidelines. The City of Modesto is the Project applicant and lead agency for CEQA. The City will utilize the information in this document for decisionmaking, to approve or deny the Project based on the Initial Study and other Project information in the administrative record.
Decision to Prepare a Mitigated Negative Declaration
The Project Description (Section II) describes the proposed installation of 12,000 linear feet of potable water pipeline and existing well abandonment, which would provide drinking water to the Stanislaus Union Elementary School, replacing water service via Well #2, for the school located at 1931 Kiernan Avenue, Modesto, CA, 95356.
The Project involves extension of the City of Modesto Water Division’s Service area to include the school and will not result in cumulative or growth inducing impacts due to consistency with the City’s approved General Plan and Water Master Plan. The Project is ineligible for a CEQA exemption. Section VI of this document identifies potentially significant effects on Aesthetics, Agriculture and Forestry Resources, Biological Resources, Cultural Resources, Energy, Geology and Soils, Hazards and Hazardous Materials, Hydrology and Water Quality, Noise, Transportation, Public Services, Utilities and Services, and Wildfire which require implementation of Projectspecific mitigation measures. Mitigation measures that have been proposed for the Project, to reduce potentially significant impacts to less than significant levels, will be implemented during Project construction; and as a result, this IS/MND indicates Project consistency with CEQA Guidelines §15070, that a mitigated negative declaration is appropriate when:
a. The Project Initial Study identifies potentially significant effects, but: Revisions to the Project plan were made that would avoid, or reduce the effects to a point where clearly no significant effects would occur, and
b. There is no substantial evidence that the Project, as revised, may have a significant effect on the environment.
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DEFINITIONS
Environmental Checklist Terminology
dŚĞ/ŶŝƟĂů^ƚƵĚLJŝƐďĂƐĞĚŽŶƚŚĞ
ŶǀŝƌŽŶŵĞŶƚĂůŚĞĐŬůŝƐƚ&ŽƌŵǁŝƚŚŝŶ^ĞĐƟŽŶϭϱϬϲϯ;ĚͿ;ϯͿŽĨƚŚĞ^ƚĂƚĞ Y
Guidelines (CEQA 2022), also referred to as “Appendix G Checklist” or the “Environmental Checklist” for CEQA compliance, which ŝƐŝŶĐůƵĚĞĚŝŶ^ĞĐƟŽŶ/s͘ŽĨƚŚŝƐƌĞƉŽƌƚ͘dŚĞƌĞƐƉŽŶƐĞƐƚŽƋƵĞƐƟŽŶƐĂďŽƵƚƚŚĞƉƌŽƉŽƐĞĚProject, ĨŽƵŶĚŝŶ^ĞĐƟŽŶIV.͕ŝŶĚŝĐĂƚĞůĞƐƐ ƚŚĂŶƐŝŐŶŝĮĐĂŶƚĞŶǀŝƌŽŶŵĞŶƚĂůŝŵƉĂĐƚƐǁŝƚŚŵŝƟŐĂƟŽŶĂƌĞĂŶƟĐŝƉĂƚĞĚĨƌŽŵ Project ŝŵƉůĞŵĞŶƚĂƟŽŶ͘Therefore, ^ĞĐƟŽŶ/// of this document, indicates the conclusion of the environmental analysis for the Project and the
ŶǀŝƌŽŶŵĞŶƚĂů ĞƚĞƌŵŝŶĂƟŽŶ ŽĨ >ĞƐƐ ƚŚĂŶ ^ŝŐŶŝĮĐĂŶƚǁŝƚŚDŝƟŐĂƟŽŶ for the Project can be applied to CEQA clearance for decision making. The standard Appendix G Environmental Checklist has been ƵƐĞĚƚŽĞǀĂůƵĂƚĞŝŵƉĂĐƚƐĂŶĚŝŶĐůƵĚĞƐĂŶĞdžƉůĂŶĂƟŽŶĨŽƌĞĂĐŚĂŶƐǁĞƌǁŝƚŚŝŶ^ĞĐƟŽŶs/͘dŚĞĨŽůůŽǁŝŶŐ ƚĞƌŵŝŶŽůŽŐLJŝƐƵƐĞĚƚŽĚĞƐĐƌŝďĞƚŚĞůĞǀĞůŽĨƐŝŐŶŝĮĐĂŶĐĞŽĨProject-related impacts.
Area of Potential Effects: The footprint of development (both horizontal and vertical) where direct impacts from the Project will occur and the Local Vicinity where indirect impacts from a Project could occur.
Impact: A physical change in the environment on a sensitive or regulated resource.
Less Than Significant Impact: Level of changes in the environment when there is potential for an impact based on the location of resources or the location or nature of the Project; however, the extent of the change is not expected to exceed thresholds of significance identified in the Appendix G Checklist and other agency standards.
Less Than Significant Impact with Mitigation: The level of changes in the environment with the implementation of a Project, which includes application of mitigation measures or avoidance measures, standard conditions, best management practices, applicable codes and ordinances, and regulations, intended to reduce changes in the environment from a Project when a Project has the potential to significantly change the environment, and impacts are reduced to below thresholds of significance of Appendix G and other agency standards.
Local Vicinity: The area and parcels surrounding a Project Location where direct or indirect impacts from Project implementation may occur.
Mitigation: Feasible measures that could be applied to Project design and construction to minimize significant adverse impacts, which are tailored to specific circumstances of a particular Project and place. Mitigation requirements on a Project, restricts Project-related activities beyond what is expected from standard application of ordinances and are intended to tailor characteristics of a Project and Project activities to a particular location.
No Impact: Level of changes from a Project when there are either no pertinent resources that could be affected or the characteristics of the Project clearly indicate no changes to the environment could occur from a Project.
Potentially Significant Impacts: The noticeable changes from a Project resulting in inconsistency with established regulations or damage to pertinent environmental resources.
Project: An action or series of actions requiring discretionary approval, triggering CEQA review, for discretionary approval by an agency.
Project Site/Project Area: The physical footprint of construction and areas where disturbance and construction activities will occur throughout Project construction.
Threshold of Significance: A guideline or standard established for public health, safety, welfare, protection of natural resources or stewardship of the environment.
Significant: Noticeable and/or exceeding regulations. Substantial or potentially substantial adverse change to any of the physical conditions within the area affected by the Project.
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II. PROJECT DESCRIPTION
A. Title: Stanislaus Elementary School 1,2,3- TCP Mitigation Project B. Address or Location: City of Modesto, CA and unincorporated Stanislaus County, CA 95356; x Kiernan Avenue, between Tully Road and Dale Road, approximately 12,000 linear feet (LF); x Dale Road, between Kiernan Avenue and existing “dead-end” connection point, approximately 570 LF; x Tully Road, between the northeastern corner of Kiernan Avenue and Tully Road intersection and existing “dead-end” connection point, approximately 850 LF;
x Stanislaus Elementary School 1931 Kieran Avenue, Modesto, CA 9535; Unincorporated Stanislaus County.
C. Lead Agency: City of Modesto
City of Modesto Public Works, Utilities Department
1010 Tenth Street, Third Floor
Modesto, CA 95354
D. City Contact Person: Jim Alves, Senior Civil Engineer City of Modesto
City of Modesto Public Works, Utilities Department
1010 Tenth Street, Third Floor
Modesto, CA 95354
209.571.5557
[email protected]
E. Current General Plan Designation(s): Public right-of-way; Agriculture (General Agriculture AG 40 Acre)
F. Current Zoning Classification(s): Public right-of-way; AG-40
G. Surrounding Land Uses:
The surrounding land uses are primarily agricultural fields and Urban Commercial. See Table 1:
Surrounding Land Uses and Table 2: Existing Diverse Uses Within the Local Vicinity of the Project Alignment below.
TABLE 1: SURROUNDING LAND USES
WATER IMPROVEMENTS
Land Use Stanislaus County General Plan City of Modesto General Plan
Zoning
Project
>ŽĐĂƟŽŶ
County and City Right-ofWay; Stanislaus Elementary
School
General Agriculture (Deciduous
Fruits and Nuts)
sŝůůĂŐĞZĞƐŝĚĞŶƟĂů;sZͿKiernan / Carver North
Comprehensive Planning
District
AG-40
North Large-scale agriculture General Agriculture (Deciduous Fruits and Nuts, Field Crops) sŝůůĂŐĞZĞƐŝĚĞŶƟĂů;sZͿ AG-40 South Large-scale agriculture;
Kaiser Permanente
Modesto Medical Center
Community Commercial; Urban
Vacant; Urban Industrial;
General Agriculture (Pasture,
Deciduous Fruits and Nuts)
sŝůůĂŐĞZĞƐŝĚĞŶƟĂů;sZͿ͖
Business Park (BP); Mixed
Use (MU)
AG 10;
Modesto
East Large-scale agriculture General Agriculture (Deciduous Fruits and Nuts, Field Crops) Business Park (BP) AG-40
West Large-scale agriculture General Agriculture (Deciduous Fruits and Nuts) Business Park (BP) AG-40
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Source: (1) Stanislaus County GIS, Updated May 2023. (2) Modesto General Plan EIR, 2019.
TABLE 2: EXISTING DIVERSE USES WITHIN THE LOCAL VICINITY OF THE PROJECT ALIGNMENT Item
No.1
Establishment Diverse Use2
Type
Zoning
(Stanislaus
County GP)
Land Use (City of
Modesto GP)
Distance from Project Alignment
(miles)
Adjacent to Dale Road
2 Smallcakes Decadent Coffee Café City of
Modesto
MU4 0.13 mi from Dale Road existing “deadend” connection point 3 Residence Inn by Marriot
Modesto North
-- City of
Modesto
MU 0.13 mi from Dale Road existing “deadend” connection point 4 El Rio Memory Care Community Senior Care City of
Modesto
BP5 0.22 mi from Dale Road existing “deadend” connection point 5 Kaiser Permanente Modesto
Medical Center & Emergency
Center (w Helipad)
Hospital City of
Modesto
BP 0.3 mi from Dale Road existing “deadend” connection point 6 Courtyard by Marriot Modesto
North
-- City of
Modesto
MU 0.21 mi from Dale Road existing “deadend” connection point 7 Kinsley Yard Luxury Apartments Housing City of
Modesto
BP 0.32 mi 0.22 mi from Dale Road
existing “dead-end” connection point
18 Arco Gas Station Gas Station City of
Modesto
BP 0.13 mi from Dale Road existing “deadend” connection point Adjacent to Kiernan Avenue
1 Grover Ornamental Nursery &
Landscape Services
Other retail A-2-40 VR3 0.01 mi from Kieran Avenue ROW
8 Westra RV Storage Other retail A-2-40 VR 0.02 mi from Kieran Avenue ROW 9 Darby’s Pet Paradise Other retail A-2-40 VR 0.02 mi from Kieran Avenue ROW 10 Unitarian Universalist Fellowship
of Stanislaus
Place of
Worship
A-2-10 VR 0.02 mi from Kieran Avenue ROW
14 Stanislaus Elementary School Education
facility
A-2-40 VR Portion of Project Site
17 Derrell’s Mini Storage Industrial A-2-40 BP 0.3 mi from Tully Road and Kieran Avenue intersection
19 Central Valley Cresent Office
Building
A-2-40 VR 0.02 mi from Kieran Avenue ROW
20 Electrical substation Industrial A-2-40 VR 0.02 mi from Kieran Avenue ROW Adjacent to Tully Road
11 Modesto Landmark Missionary
Baptist Church
Place of
Worship
A-2-10 VR 0.02 mi from Tully Road ROW
12 Hindu Temple of Modesto A-2-10 VR 0.02 mi from Tully Road ROW 13 Big Valley Grace Community
Church
City of
Modesto
VR 0.2 mi from Tully Road existing “deadend” connection point 15 Big Valley Christian High School Education
Facility
City of
Modesto
MU 0.9 mi from Tully Road existing “deadend” connection point 16 Modesto Fire Station 11 Fire Station City of
Modesto
VR 0.6 mi from Tully Road existing “deadend” connection point Reference: Figure 2A: Water Improvements Local Vicinity Map.
Source: City of Modesto General Plan Master EIR, 2019.
Google Maps, 2023.
Stanislaus County General Plan & ALUC EIR, 2016.
Note: (1) Item Number Corresponds with Figure 2A: Water Improvements Local Vicinity Map (2) Diverse Use Business Types are defined as publicly available businesses and entities providing goods or services intended to meet daily needs. Diverse Uses are intended to meet daily needs and is publicly available. Automated facilities such as ATMs or vending machines are not included (USGBC). (3) Village Residential: land-use designation that provides for the development of urban “villages” defined by mixed-use Compact, pedestrian- and transit-oriented development (Modesto GP EIR, 2019). (4) Mixed- Use: designation describe areas within City Limits that are generally developed (as of January 1, 1995) and contain a mixture of all of some residential, commercial, office, and institutional (Modesto GP EIR, 2019). (5) Business Park
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H. Project Description:
Stanislaus Union School District (SUSD)
BACKGROUND
The Project is proposed to extend the City’s water service to the north to connect Stanislaus Elementary School directly to the City of Modesto’s existing potable water system. Currently, Stanislaus Elementary School is reliant on groundwater extraction as a primary source of potable water. In the northeastern corner and along the eastern property line of Stanislaus Elementary School, SUSD has one active well (Well 02), PS Code 5000249-004, one inactive well (Well 01), PS Code CA5000249-001, an 8000 gallon (gal) static tank with a usable capacity of 7,435- gal, distribution piping, and appurtenances.
Well 01 is inactive and disconnected from the distribution system; however, Well 02 has provided water for the SUSD service area since 2008. Well 02 is located in the northeastern corner of the SUSD service area boundary.
Well 02 is approximately 335 feet deep and is capable of achieving a production rate of 100 gallons per minute and averaging 1,405,033 gallons of water during 2020 through 2022. The existing distribution system consists of 2-inch to 8-inch diameter pipe, gate valve, 800-gallon static tank, and fire hydrant, which services the all the buildings on the school’s property.
According to the State Water Resources Control Board (SWRCB), Division of Drinking Water (DDW), the Stanislaus Union School District (SUSD), Water System No. CA5000249, is a non-transient non-community public water system at the Stanislaus Elementary School (School), serving approximately 390 students and staff through one service connection. DDW regulates the water system under Domestic Water Supply Permit No. 5000249-08-09- 155, issued by the Stanislaus County Department of Environmental Resources (Environmental Health) on October 15th, 2008.
The school’s water comes from groundwater extracted by Well 02; however, Well 02 is currently contaminated with 1,2,3- Trichloropropane (TCP). 1,2,3-TCP, is a manmade chemical commonly used in pesticides by local farmers; contamination of drinking water wells due to past land uses has led to widespread contamination of drinking water wells in the Central Valley. In 1992, the State of California added 1,2,3-TCP to their list of chemicals known to cause cancer; seven years later, the State established a drinking water notification level for the chemical.
On May 24th, 2019, the Stanislaus County Division of Environmental Health, who ensure acceptable water quality standards are being met through regular monitoring practices, issued compliance order (No. DER-19R-006), indicating that SUSD currently violates California Health and Safety Code (CHSC), Section 116555(a)(1)1 , and
California Code of Regulations (CCR) Title 22, Section 64444, Maximum Contaminant Levels (MCL)- Organic Chemicals2
. Violations are based on samples collected from Well 02 between 2018 and 2023. Stanislaus Elementary School’s groundwater supply is nine times the allowable maximum contamination level (MCL) of 0.005 μg/L (See Table 3: Well 02 1,2,3-TCP Monitoring Results); as a result, the school needs to take additional measures to provide safe drinking water to their customers, compliant with primary drinking water standards. 1 CHSC, Section 116555(a)(1): requires all public water systems to comply with primary drinking water standards. Primary drinking water standards include maximum levels of contaminants, specific treatment standards, and monitoring and reporting requirements in accordance with regulations from the State Water Board (Stanislaus County, Division of Environmental Health, Compliance Order No. DER-19R-006, 2019) 2 CCR, Title 22, Section 64445.1(c)(5)(B): indicates that a water system is in violation, if any sample would cause the running average to exceed the maximum contamination level (MCL) (Stanislaus County, Division of Environmental Health, Compliance Order No. DER-19R-006, 2019)
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TABLE 3: WELL 02 1,2,3-TCP MONITORING RESULTS
Sampling Date Detected Level (μg/L) MCL (μg/L) % of MCL 05-04-2023 0.033 0.005 660
02-09-2023 0.046 0.005 920
11-18-2022 0.052 0.005 1040
08-04-2022 0.063 0.005 1260
05-11-2022 0.054 0.005 1080
02-08-2022 0.045 0.005 900
11-16-2021 0.035 0.005 700
08-12-2021 0.027 0.005 540
05-11-2021 0.030 0.005 600
02-09-2021 0.022 0.005 440
11-12-2020 0.028 0.005 560
08-12-2020 0.023 0.005 460
05-12-2020 0.017 0.005 340
02-13-2020 0.048 0.005 960
11-13-2019 0.015 0.005 300
08-13-2019 0.019 0.005 380
05-15-2019 0.016 0.005 320
02-14-2019 0.014 0.005 280
11-13-2018 0.013 0.005 260
08-16-2018 0.011 0.005 220
06-11-2018 0.009 0.005 180
03-06-2018 0.006 0.005 120
03-02-2018 0.006 0.005 120
02-13-2018 0.007 0.005 140
As a result, the City of Modesto Utilities Department proposes to extend water infrastructure and its water service to include Stanislaus Elementary School, which is located on the north side of Kiernan Avenue and north of the northern City Limits boundary within Modesto’s approved Sphere of Influence; and the northwestern corner of Tully Road, just north of the City of Modesto’s approved Sphere of Influence, but within the City’s Water Master Plan area. The Project would mitigate 1,2,3-Trichloropropane (1,2,3-TCP) contamination within Stanislaus Elementary School’s groundwater supply. The proposed Project is a joint effort between the City of Modesto Utilities Department, State of California, Water Resources Control Board, and Self-Help Enterprises. The Project is consistent with approved planning goals and polices within the City of Modesto General Plan (2019), and the City’s Water System Master Plan (2019).
CITY OF MODESTO WATER MASTER PLAN
The City of Modesto’s Water Master Plan (WMP) establishes an improvement plan for water service to its 76,000 existing service connections and future development outlined in the City’s General Plan. Key objectives within the City’s Water Master Plan consistent with the proposed Project include the following:
- To clearly define the City’s long-term supply needs (from both groundwater and the Modesto irrigation District’s (MID’s) surface water supplies) and identify the associated infrastructure required to deliver these supplies to existing and future customers;
- To ensure adequate water infrastructure and services are available to serve new growth within the General Plan, the City’s Sphere of Influence (SOI), and the outlying service areas; - To provide transmissions and distribution pipelines to safely and reliably convey water throughout the water system; and
- To provide safe and reliable drinking water that meets regulatory water quality requirements.
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Water improvements proposed by the Project are consistent with the City of Modesto’s planned improvements within the Water Mater Plan Study Area (See Figure 4: Proposed Improvements within City of Modesto Water Master Plan). Proposed improvements within the City’s WMP, support the buildout of the City’s Sphere of Influence, which consist of the extension of 12-inch-diameter or larger water mains, fire hydrants, and valves, within the Project Location (Modesto Water Master Plan DEIR (SCH# 2016082069), 2019).
ENVIRONMENTAL SETTING
PROJECT LOCATION
The Project is within northwest unincorporated Stanislaus County in central San Joaquin Valley, “Central Valley” south and east of the Stanislaus River (See Figure 1: Regional Location Map). Portions of the Project are within city limits, unincorporated County of Stanislaus; The Project is within the Study Area of the City’s Water Master Plan. The Project is in an area that gently slopes from northeast to southwest, which occupies an east/west oriented right-of-way alignment between Sections 1 (Township 3 South, Range 8 East) and 36 (Township 2 South, Range 8 East), and Sections 6 (Township 3 South, Range 9 East) and 31 (Township 2 South, Range 9 East) Mt.
Diablo Base and Meridian. The alignment continues briefly south before terminating on Dale Road at the western end and continues briefly both south and north along Tully Road before terminating at the eastern end. It is depicted on the United States Geological Survey (USGS) Salida, California (1987) 7.5-minute topographic quadrangle.
Other cities near the Project within Stanislaus County include the City of Riverbank, approximately 5 miles east, and the City of Ripon, approximately 6.3 miles northwest. Regionally, the Project is accessible via US Highway 99 (I-99), approximately 4.1 miles west of the proposed alignment; and State Route 219 (SR-219), also known as Kiernan Avenue, where a portion of the Project Alignment is proposed. Since 1960, Stanislaus County has experienced an influx in population induced by growth pressures from the San Francisco Bay Area, resulting in nine (9) incorporated cities that make up more land area than unincorporated Stanislaus County areas. However, despite growth of urban areas, Stanislaus County remains the sixth most productive agricultural county in California; in 2015, approximately $3.9 billion in revenue was generated as result of Stanislaus County’s agricultural sector (Modesto GP EIR, 2019). This area has historically been in use for agriculture accordant with historic land use in the surrounding Central Valley. The County’s climate and gently sloping terrain make this area ideal for agricultural production for primarily deciduous fruits & nuts. The Project is located in the northwestern service area of the Stanislaus Union School District. The school district serves residents primarily within unincorporated Stanislaus County and north Modesto.
The Project will be constructed in public-right-of-way outside of travel lanes and outside of the center median for Kiernan Avenue, either within or adjacent to existing paved street areas, to the north of the Kiernan/ Carver North Comprehensive Planning District (CPD), and north of the City Limits of Modesto (See Figure 3B: City of Modesto General Plan Land Use Map). The Project proposes a 12-inch service pipe extending from the proposed water main within the Kiernan Avenue public right-of-way to the southeastern corner of Stanislaus Elementary School Property (APN 004-068-008) for water delivery to the existing school. The Project also proposes water mains connecting with the City’s existing water system within public rights-of-way for Dale Road; and Tully Road, in addition to Kiernan Avenue. These areas where the Project will be constructed are collectively referred to as the “Project Site” for CEQA analysis and as summarized as follows:
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TABLE 4: PROJECT ALIGNMENT
Public
ROW
Length
(LF1)
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ŽŶƐƚƌƵĐƟŽŶ
>Ăƚͬ>ŽŶŐ͖
ůĞǀĂƟŽŶ Area of Disturbance
Tully
Road
~ 850 North ĨƌŽŵĞdžŝƐƟŶŐ͞ĚĞĂĚĞŶĚ͟ĐŽŶŶĞĐƟŽŶƉŽŝŶƚ,
extending east at the
southern perimeter of
Kiernan Avenue’s eastbound
ůĂŶĞƐ͖ĂŶĚĐŽŶƟŶƵŝŶŐnorth
from Kiernan Avenue’s
eastbound lane and
ƚĞƌŵŝŶĂƟŶŐŝŶƚŚĞ
northeastern corner of
Kiernan Ave. & Tully Road
ŝŶƚĞƌƐĞĐƟŽŶ͘
Beginning of proposed alignment:
>ĂƟƚƵĚĞϯϳ͘ϳϭϬϰϳϯ °N/Longitude
121.013059°W; 22-ϮϱŌD^>
Open Trenching: 6-Ōdžϴ-Ō
for 12,000 linear feet
Jack and Bore Pits:
5 Jacking Pits: 12-ŌǁŝĚĞdž
10-ŌůŽŶŐdžϭϱ-ŌĚĞĞƉ
5 Receiving Pits: 12-ŌǁŝĚĞ
Kieran x 24-ŌůŽŶŐdžϭϱ-ŌĚĞĞƉ
Avenue
~
10,730
West from Tully Road and
<ŝĞƌĂŶǀĞŶƵĞŝŶƚĞƌƐĞĐƟŽŶ͘
---
Dale
Road
~570 South from Kiernan Avenue
ĂŶĚĂůĞZŽĂĚŝŶƚĞƌƐĞĐƟŽŶ
ƚŽĞdžŝƐƟŶŐ͞ĚĞĂĚ-end”
ĐŽŶŶĞĐƟŽŶƉŽŝŶƚ͘
End of Proposed Alignment͗>ĂƟƚƵĚĞ
37.710636 °N/Longitude -
121.050073°W; 22-ϮϱŌD^>
Reference: See Figure 2A: Water Improvements Local Vicinity Map Notes: 1) LF= Linear Feet
2) Average dimensions of trenching are 6-feet wide by 8-feet deep. 3) AMSL= Above Mean Sea Level
Tully Road is a divided two-lane County public right-of-way, classified as a minor arterial (MA) under the Stanislaus County circulation element (Stanislaus County GP, Figure II-1 Road Circulation Diagram). Tully Road is a two (2)- lane road with a center median contain turn pockets, driveway and bicycle access, and on-street parking.
Kiernan Avenue is a divided eight-lane highway with dedicated right turns and bike lanes in both directions.
Kiernan Avenue is a CALTRANS right-of-way also known as State Route 219 (SR-219) and classified as a Principal Arterial (OPA) under the Stanislaus County circulation element (Stanislaus County GP, Figure II-1 Road Circulation Diagram). Kiernan Avenue contains an unvegetated center median, bicycle lanes, turn pockets, and pedestrian access along developed portions of the right-of-way.
Dale Road is a divided four lane arterial within the Project alignment. Dale Road is a City public right-ofway, classified as a minor arterial (MA) under the Stanislaus County circulation element (Stanislaus County GP, Figure II-1 Road Circulation Diagram). Dale Road contains paved and unpaved pedestrian access along northbound and southbound lanes, and bicycle lanes.
LOCAL VICINITY
The Project is surrounded by agriculture, orchards, and low-density structures consisting of low- to mid-rise residential, commercial, industrial, institutional land uses. (Figure 2A: Water Improvements Local Vicinity Map, Figure 3A: Stanislaus County Land Use Map, Table 1: Surrounding Land Uses, and Table 2: Existing Diverse Uses within the Local Vicinity of the Project Alignment). There is a PG&E substation at the southwest corner of Kiernan Avenue and Tully Road. Stanislaus Elementary School is on the north side of Kiernan Avenue approximately 6,300 feet east of Dale Road. The closest natural landmarks to the Project are the Stanislaus River (approximately 2.8 miles north) and the Sierra Nevada Mountain Range in the East (approximately 15 miles) and the Coastal Mountains in the west (approximately 18 miles); due to distance, these natural landmarks are not visible from the Project Site.
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November 2024
Existing infrastructure in the Local Vicinity follows the north/south and east west street grid established by existing roadways and includes buried sewer and 12-inch potable water pipeline, communication conduit and manmade culverts along the north and south sides of Kiernan Avenue. The unpaved median in Kiernan Avenue also serves for surface water detention. There are storm drain inlets located on the west and east side of Dale Road, near the Kiernan Avenue and Dale Road intersection. Overhead 12,000-volt and 69,000-volt electrical lines are along the south side of Kiernan Avenue, west side of Tully Road, and Dale Road. A surficial concrete-lined, irrigation system, consisting of canals and laterals, surrounding the Project in the Local Vicinity convey water from the Stanislaus River for agriculture in the local vicinity. Within the Kiernan Avenue public right-of-way, a 30-inch irrigation line runs north and south. The terrain in the Local Vicinity is flat or gently sloping toward the southwest.
PROJECT DESCRIPTION
The proposed Project is the consolidation of Stanislaus Union School District (SUSD) service area (Water System No. CA5000249) with the City of Modesto, through an extension of water service, and the abandonment of the existing Well 02. Stanislaus Elementary School is one of six schools located within SUSD (five (5) elementary schools; one (1) junior high school); however, Stanislaus Elementary School is the only school currently being serviced by Water System No. CA5000249 since it is the only school within the district located outside of Modesto’s Water System and City Limits.
PROPOSED WATER IMPROVEMENTS
Water improvements will construct a total of approximately 12,000 linear feet of 12-inch potable water pipeline along Tully Road; Kiernan Avenue; and Dale Road. See Table 4: Project Alignment. The pipeline will extend from the existing dead-end 12- inch potable water main along Tully Road, approximately 700 feet south from the Tully Road and Kiernan Avenue intersection. From the existing connection point, the potable water pipeline will continue north towards Kiernan Avenue. At the southeastern corner of the Kiernan Avenue and Tully Road intersection, a 12-inch cross connection with valves & blind flange will be installed for the pipeline to extend east along Kiernan Avenue and north along Tully Road. The pipeline will extend north for approximately 150 LF along Tully Road, terminating in the northeastern corner of the Kiernan Avenue and Tully Road intersection, where a fire hydrant will be installed to ensure proper fire flow is maintained throughout the City’s service area. The pipeline will be stubbed north of the fire hydrant for future extension and will also extend west towards Dale Road along the southside of Kiernan Avenue. The Project will install twelve (12) additional fire hydrants on the south side of Kiernan Avenue right-of-way. The pipeline will connect to another proposed 12-inch cross connection with values & blind flanges and connect with the existing dead-end 12- inch potable water main along Dale Road, approximately 570 feet from the Dale Road and Kiernan Avenue intersection. See Figure 2A- Water Improvements Local Vicinity Map.
Due to the connection to two existing dead-end 12-inch pipelines along Tully Road and Dale Road, the proposed water improvements will meet fire flow requirements (33 psi at 4,000 gpm); meet the City’s operational and performance criteria; and result in high pipeline turnover rates which benefit water quality within the distribution system. The entire alignment will be buried underground using open trench construction as well as jack and bore construction to avoid direct impacts to existing utilities and structures. Temporary areas of disturbance as a result of trenching are anticipated to be 4-feet wide and 8-feet deep along the entire 12,000 linear feet of Project Alignment, consisting of approximately 1.1 acres. Jack and bore construction will consist of not more than a total of 5 jack and bore locations, each, including two pits3 , one entry (jacking) and one exit pit. Jacking pits are approximately 12-ft wide by 10-ft long by 15-ft deep and receiving pits that are approximately 12-feet wide by 204-feet long x 15-feet deep, resulting in approximately 0.03 acres of disturbance. As a result, earthwork quantities are approximately 3,348 cubic yards (CY) of export and 4,680 CY of import. 3 For the purposes of noise, air quality/GHG, and traffic modeling, assumptions to were made about the location of jacking and receiving pits based on a “worst-case scenario”. Under “worst-case” conditions, boring locations are located closest to sensitive receptors adjacent to the Project Alignment: one (1) along the east side of Dale Road, approximately 150 feet from sensitive receptors; three (3) along the north side of Kiernan Avenue, bordering the southern perimeter of Stanislaus Elementary School, approximately 50 ft from the closest sensitive receptors; and one (1) along the west side of Tully Road, approximately 50 ft from the closest sensitive receptors.
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One service pipe will be located near the southeastern corner of the Stanislaus Elementary School property line, which will be installed using jack and bore construction. Following the installation of the Project Alignment, the existing Well 02 is intended to be abandoned. Abandonment and permanent sealing of SUSD Well 02 will occur separately from the Project in accordance with requirements set forth by the Environmental Resources Department of Stanislaus County.
PROJECT OBJECTIVES
Due to presence of 1,2,3-TCP in Well 02, the Stanislaus Elementary School’s water system needs additional water services. Therefore, the intended outcome of the proposed Project is the following:
- Provide Stanislaus Elementary School with a source of drinking water that meets water quality standards; - Provide sufficient hydraulic capacity to meet 4,000 gallons per minute (gpm) fire flow requirements while maintaining a 20-pounds per square inch (psi) residual pressure at the School; - Build a Project that is consistent with the City’s 2017 Water Master Plan (WMP) identified future improvements.
To achieve these objectives, the Project proposes to extend the City of Modesto’s Water system to the school and stop the extraction of contaminated groundwater from Well 02.
PROJECT ELEMENTS
CONSTRUCTION ACTIVITIES
Project construction is anticipated to begin in the third quarter of 2025 and conclude in the second quarter of 2026, lasting for approximately eleven months. Construction activities will occur between 7:30AM and 4:30PM, Monday through Friday; weekend work will be avoided when feasible, however, weekend or night work might occur to accommodate traffic. The installation rate of the water and sewer mains are expected to average 100 feet per day.
Construction activities will involve approximately six to eight crew members4 at any one time for a total of 16 people on the job. Crew members will get to the construction site utilizing personal vehicles, approximately 16 vehicles at any one time, accessing the construction site via local roadways (Carver Road, Dale Road, Tully Road, etc.) or regional transportation routes (State Route (SR) 99; SR 219 (Kiernan Avenue); SR 108). Personal vehicles will be parked along the Public right-of-way, adjacent to the Project Alignments within the roadway, shoulder or the streets, or in a designated laydown yard on the Stanislaus Elementary School property. Temporary fencing will be constructed around each work area to secure construction sites and prevent theft/ vandalism that has the potential to occur overnight, concluding daily construction activities. In addition to fencing, active construction will either be backfilled or covered with trench plates at the end of each day. Water for construction and potable water during construction activities will be supplied by the City of Modesto’s water system.
CONSTRUCTION EQUIPMENT
During Project implementation, construction activities will involve the utilization of various diesel-powered equipment along various segments of the Project Alignment for the duration of Project construction. Potential equipment on-site during construction includes one (1) scraper, five (5) tractors/ loaders/ backhoes, one (1) offhighway trucks, one (1) plate compactor, one (1) excavator, one (1) other material handling equipment, one (1) paving equipment, one (1) other construction equipment, two (2) pumps, one (1) skid steer loaders, one (1) surfacing equipment, one (1) rubber tiered dozer, and one (1) crane. During temporary Project construction, equipment will be kept at a designated laydown yard or the Project contractor’s own facilities. 4 The number of construction crew members is an assumption based on the scale of the proposed Project and type of infrastructure being implemented.
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STANISLAUS ELEMENTARY SCHOOL 1,2,3-TCP MITIGATION PROJECT CITY OF MODESTO PAGE 9
November 2024
STAGING
Staging areas will be located inside existing public right-of-way along various locations of the Project Alignment or on adjacent parcels. These staging locations will depend on the portion of the alignment under construction.
Staging will also be located within a portion of the Stanislaus Elementary School parking lot.
SCHEDULE AND PHASING
The Project Construction is not anticipated to be phased. As mentioned above, the contractor will lay approximately 100 feet of pipeline per day for approximately eight months until the entire Project Alignment has been implemented. Utility potholing and determining locations of existing “dead-end” connections will occur prior to open trench construction and excavation.
LONG-TERM OPERATIONS AND MAINTENANCE
The proposed Project Alignment is anticipated to be operational for 50 or more years following initial construction. The City will operate and manage the potable water conveyance pipeline to Stanislaus Elementary School, serving approximately 360 students and staff. The City of Modesto does not anticipate additional staffing needs for long-term operation and maintenance of the proposed Project. Monthly worker trips over the lifetime of the proposed Project will be required to conduct routine inspections and ensure proper long-term maintenance. Since a portion of the proposed Project will occur within the CALTRANS right-of-way (Kiernan Avenue), the City will establish a long-term maintenance agreement with CALTRANS pursuant to a parallel encroachment policy exception for an arterial.
I. Lead Agency:
The City of Modesto will be the Lead Agency for the proposed Project, pursuant to the State Guidelines for Implementation of CEQA Section 15050. Actions that would be required from the City of Modesto include, but are not limited to the following:
- Stanislaus Union School District water service area, Water System No. CA5000249, and the City of Modesto’s Water Service Area will be consolidated with a Boundary Service Agreement between City of Modesto and the Stanislaus School District that includes a condition that the School District will waive its right to contest future annexation.
- Plan check, review, and inspection of the proposed pipeline to ensure water conveyance pipelines are designed according to the City of Modesto’s Design Standards - Adoption of the Project-specific CEQA Initial Study/ Mitigated Negative Declaration J. Other Public Agencies Whose Approval is Required:
x State Water Resources Control Board, Division of Drinking Water (DDW) x Stanislaus County for Tully Avenue rehabilitation after Project construction x Pacific Gas and Electric (PG&E)
x City of Modesto Utilities Dept Engineering Services Division x City of Modesto Engineering Dept.
x City of Modesto Utilities Department Water Operations Division x Encroachment Permit from CALTRANS
x Stanislaus Union School District
FINAL INITIAL STUDY/ MITIGATED NEGATIVE DECLARATION SCH #2024121117 #8..
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City of Modesto
Stanislaus Elementary School 1,2,3-TCP Mitigation Project #8..
- 547 -
¬«
¬«
¬«
¬«
¬«
¬«
¬«
¬«
¬«
¬«
¬«
¬«
¬« Kiernan Avenue
Carver Road Carver Road
Kiernan Avenue
Dale Road Dale Road Bangs Ave Bangs Ave Pelandale Ave Pelandale Ave Claratina Ave Tully Road Tully Road
Irrigation Ditch
Modesto Main Canal
(east-west)
Lateral Number Six
Lateral Number Six
Lateral Number One
"
"
"
"
"
"
"
"
"
"
"
"
" 1
2 3
4 5 6
" 7
8 10
9" 14
11 "
12 "
17 15
13 13
16 Morrow Road Morrow Road
Dale Road
Carver Road
18 "
19 "
20 "
Source: Esri, Maxar, Earthstar Geographics, and the GIS User Community Figure 2. Water Improvements
Local Vicinity Map
City of Modesto
Stanislaus Elementary School 123-TCP Mitigation Project 0 0.25 0.5 0.75 1 0.125
Mile
¯
Connection Point to Existing Pipeline
Project
Stanislaus Elementary School Property Site
Business Locations *Numbers correspond withTable 2 in IS/MND "
A-2-40 (General Agriculture 40 AC)
City of Modesto & City Limits Hydrological Flowlines
A-2-10 (General Agriculture 10 AC)
City of Modesto Sphere of Influence
¬« Fire Hydrant
¬«
#8..
- 548 -
¬«
¬«
¬« ¬« ¬« ¬« ¬« ¬« ¬« ¬« ¬« ¬« ¬« Kiernan Avenue
Carver Road Carver Road
Kiernan Avenue
Dale Road Dale Road Bangs Ave Bangs Ave Pelandale Ave Pelandale Ave Claratina Ave Tully Road Tully Road Tully Road
Morrow Road Morrow Road
Source: Esri, Maxar, Earthstar Geographics, and the GIS User Community Figure 3A. Stanislaus County Land Use Map
City of Modesto
Stanislaus Elementary School 123-TCP Mitigation Project 0 0.25 0.5 0.75 1 0.125
Mile ¯
¬« Fire Hydrant
ProjectHydrological FlowlinesModesto City Limits Modesto Sphere of InfluenceP| PASTUREF | FIELD CROPS D | DECIDUOUS FRUITS AND NUTSS | SEMIAGRICULTURAL AND INCIDENTAL TO AGRICULTUREUC | URBAN COMMERCIALUI | URBAN INDUSTRIALUR | URBAN RESIDENTIALUV | URBAN VACANTStanislaus Elementary School Property Site Connection Point to Existing Pipeline
Irrigation Ditch Modesto Main Canal (east-west)
Lateral Number Six
Lateral Number Six
Lateral Number One
¬«
#8..
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Figure 3B. City of Modesto General Plan
Land Use Map
City of Modesto
Stanislaus Elementary School 123-TCP Mitigation Project ¯
Source: City of Modesto General Plan, 2019
PROJECT
#8..
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Kiernan Avenue
Carver Road Carver Road
Kiernan Avenue
Kaiser Permanente
Modesto
Medical Center
Dale Road Dale Road Bangs Ave Bangs Ave Pelandale Ave Pelandale Ave Claratina Ave Tully Road Tully Road
s!
ä"
Tully Road
Dale Road
Bangs Ave
Pelandale Ave
American Ave.
Esri, HERE, Garmin, (c) OpenStreetMap contributors, and the GIS user community, Sources: Esri, HERE,Garmin, Intermap, increment P Corp., GEBCO, USGS, FAO, NPS, NRCAN, GeoBase, IGN, Kadaster NL,Ordnance Survey, Esri Japan, METI, Esri China (Hong Kong), (c) OpenStreetMap contributors, and the GISUser Community Figure 4: Proposed Improvements within City of
Modesto Water and Wastewater Master Plans
City of Modesto
Stanislaus Elementary School 123-TCP Mitigation Project 0 0.15 0.3 0.45 0.6 0.075
Miles
¯
Legend
Hydrological FlowlinesCity of Modesto & City Limits
Existing Stanislaus Elementary School Property Site
Proposed Water Pipelines
Water & Wastewater Master Plan Study Area
s! Propsoed Future Well
Proposed Sewer Service Pipeline Improvement
ä" Proposed Sewer Lift Station Improvement
Lateral Number Six
Lateral Number Six
Lateral Number One
Irrigation Ditch
Modesto Main Canal
(east-west)
City of Modesto Sphere of Influence
#8..
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¬«
¬«
¬«
¬«
¬«
¬«
¬«
¬«
¬«
¬«
¬«
¬«
¬« Kiernan Avenue
Carver Road
Carver Road
Kiernan Avenue
Dale Road Dale Road Bangs Ave Bangs Ave Pelandale Ave Pelandale Ave Claratina Ave Tully Road Tully Road
Irrigation Ditch
Modesto Main Canal
(east-west)
Lateral Number Six
Lateral Number Six
Lateral Number One
1,23,4
Morrow Road
Dale Road
Carver Road
%2%2
American Ave.
5 6
7 8
9 10,11
12 %2
%2
%2
Source: Esri, Maxar, Earthstar Geographics, and the GIS User Community Figure 5. Photo Location Map
City of Modesto
Stanislaus Elementary School 123-TCP Mitigation Project 0 0.25 0.5 0.75 1 0.125
Mile
¯
Connection Point to Existing Pipeline
Project
Stanislaus Elementary School Property Site
Photo Location
City of Modesto & City Limits
City of Modesto Sphere of Influence
Hydrological Flowlines
%2
#
Note: Boring Locations are based on "worst-case conditions" for the purposes of Air Quality/GHG and Noise modeling.
Boring Location (Entry & Receiving Pits)
¬
« Proposed Fire Hydrant
#8..
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City of Modesto
Stanislaus Elementary School 1,2,3-TCP Mitigation Project Figure 6A. Site Photos
\
Photo 1: Looking West
towards the existing SUSDowned Well 02 near the
eastern property line of
Stanislaus Elementary
School.
Photo 2: Looking
Northwest at two
tanks south of Well
02 near the eastern
property line of
Stanislaus
Elementary School.
Photo 3: Looking
East towards Well
02 above ground
appurtenances
near the eastern
property line of the
School.
Photo 4: Looking
Northeast towards Well
02 above ground
appurtenances near the
eastern property line of
the School.
Photo 5: Looking
Northwest at the static
tank located along the
eastern property line of
Stanislaus Elementary
School.
Photo 6: Looking East at on-going
construction within the parcel on the east
side of Tully Road.
\
#8..
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City of Modesto
Stanislaus Elementary School 1,2,3-TCP Mitigation Project Figure 6B. Site Photos
Photo 7: Looking East from
the southwestern corner
of intersection of Bangs
Ave and Carver Road.
Photo 8: Looking East along Carver
Road towards the agricultural land
uses along the eastern perimeter of
the ROW.
Photo 9: Looking East along
Carver Road towards the
agricultural land uses along the
eastern perimeter of the ROW.
Photo 10: Looking South from
the southern perimeter of
Stanislaus Elementary School
property line, towards
intersection.
Photo 11: Looking South towards the
intersection near the southwestern corner
of Stanislaus Elementary School.
Photo 12: Looking Northeast towards
the buildings directly north of Stanislaus
Elementary School drop-off line and
parking lot.
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STANISLAUS ELEMENTARY SCHOOL 1,2,3-TCP MITIGATION PROJECT CITY OF MODESTO PAGE 18
November 2024
III. FINDINGS / DETERMINATION
ENVIRONMENTAL FACTORS POTENTIALLY AFFECTED:
The environmental factors checked below would be potentially affected by this Project, involving at least one impact that is a "Potentially Significant Impact" as indicated by the checklist on the following pages. ĞƐƚŚĞƟĐƐ (short-term) Agriculture & Forestry
Resources Air Quality
Biological Resources Cultural Resources Energy
Geology & Soils Greenhouse Gas Emissions Hazards & Hazardous Materials
Hydrology & Water Quality Land Use & Planning Mineral Resources Noise WŽƉƵůĂƟŽŶΘHousing Public Services
ZĞĐƌĞĂƟŽŶ dƌĂŶƐƉŽƌƚĂƟŽŶ Tribal Cultural Resources
hƟůŝƟĞƐΘ^ĞƌǀŝĐĞ^LJƐƚĞŵƐ tŝůĚĮƌĞ Mandatory Findings of ^ŝŐŶŝĮĐĂŶĐĞ
DETERMINATION (To be completed by the Lead Agency):
On the basis of this initial evaluation:
/ĮŶĚƚŚĂƚƚŚĞƉƌŽƉŽƐĞĚProject Kh>EKdŚĂǀĞĂƐŝŐŶŝĮĐĂŶƚĞīĞĐƚŽŶƚŚĞĞŶǀŝƌŽŶŵĞŶƚ͕ĂŶĚĂE 'd/s
DECLARATION will be prepared.
/ĮŶĚƚŚĂƚĂůƚŚŽƵŐŚƚŚĞƉƌŽƉŽƐĞĚProject ĐŽƵůĚŚĂǀĞĂƐŝŐŶŝĮĐĂŶƚĞīĞĐƚŽŶƚŚĞĞŶǀŝƌŽŶŵĞŶƚ͕ƚŚĞƌĞǁŝůůŶŽƚďĞ ĂƐŝŐŶŝĮĐĂŶƚĞīĞĐƚŝŶƚŚŝƐĐĂƐĞďĞĐĂƵƐĞƌĞǀŝƐŝŽŶƐŝŶƚŚĞProject have been made by or agreed to by the Project proponent. A MITIGATED NEGATIVE DECLARATION will be prepared. /ĮŶĚƚŚĂƚƚŚĞƉƌŽƉŽƐĞĚProject DzŚĂǀĞĂƐŝŐŶŝĮĐĂŶƚĞīĞĐƚŽŶƚŚĞĞŶǀŝƌŽŶŵĞŶƚ͕ĂŶĚĂŶ Es/ZKED
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IMPACT REPORT is required.
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___
Project Manager, Jim Alves P.E. City of Modesto Senior Civil Engineer Date
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IV. WITHIN THE SCOPE ANALYSIS OF THIS DOCUMENT
The Master EIR allows projects to be found within the scope of the MASTER EIR if certain criteria are met. If the following statements are found to be true for all 20 impact categories included in this Initial Study, then the proposed Project is addressed by the Master EIR analysis and is within the scope of the Master EIR. Any “No” response must be discussed.
YES NO
(1) The lead agency for subsequent projects shall be the City of Modesto or a responsible agency identified in the Master EIR.
(2) City policies that reduce, avoid, or mitigate environmental effects will continue to be in effect and, therefore, would be applied to subsequent projects where appropriate. The policies are described in the list of policies in place as “mitigating policies” attached to the Initial Study template. Project impacts would be mitigated to a less-than-significant level using the Master EIR’s mitigating policies only. (3) Federal, State, regional, and Stanislaus County regulations do not change in a manner that is less restrictive on development than current law (i.e., would not offer the same level of protection assumed under the Master EIR).
(4) No specific information concerning the known or potential presence of significant resources is identified in future reports, or through formal or informal input was received from responsible or trustee agencies or other qualified sources.
(5) The Project will occur within the boundaries of the City’s planning area as established in the Urban Area General Plan.
(6) Implementation of the Project will comply with all appropriate mitigating policies contained and enumerated in the 2019 Urban Area General Plan Master EIR.
Discussion:
(1) The Lead Agency for the proposed Project is the City of Modesto. (2) City policies that would reduce, avoid, or mitigate environmental effects will continue to be in effect and therefore, would be applied to the proposed Project where appropriate. However, Project impacts would be mitigated to a less-than-significant level using proposed Mitigation Measures, which have been tailored to be specific to the Project and will not conflict with existing City policies. (3) Federal, State, regional, and Stanislaus County regulations do not create less restrictive assumptions than what is assumed in the Master EIR.
(4) No specific information concerning the known or potential presence of significant resources is identified in any reports prepared for the proposed Project, or through formal or informal input received from responsible or trustee agencies or other qualified sources. (5) The proposed Project will occur within the boundaries of the City’s planning area as established in the Urban Area General Plan.
(6) Implementation of the proposed Project will comply with all appropriate mitigating policies and numerated in the 2019 Urban Area General Plan Master EIR. A list of relevant policies are attached to this document.
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V. CURRENCY OF THE MASTER EIR DOCUMENT
The Master EIR should be reviewed on a regular basis to determine its currency, and whether additional analysis / mitigation should be incorporated into the Master EIR via a Supplemental or Subsequent EIR (CEQA Section 21157.6). Staff has reviewed Sections 1 through 20 of this document in light of the criteria listed below to determine whether the Master EIR is current. The analyses contained within the Master EIR are current as long as the following circumstances have not changed. Any “no” response must be explained.
YES NO
(1) Certification of the Urban Area General Plan Master EIR occurred less than five (5) years prior to the filing of the application for this subsequent Project.
(2) The proposed Project is described in the Master EIR and its approval will not affect the adequacy of the Master EIR for any subsequent Project because the City can make the following findings:
(a) No substantial changes have occurred with respect to the circumstances under which the Master EIR was certified;
(b) No new information, which was not known and could not have been known at the time the Master EIR was certified as complete, has become available; and, I Policies that require site-specific mitigation, and avoidance or other mitigation of impacts as a prerequisite to future development, remain in full force and effect.
Discussion:
(1) The General Plan Master EIR (SCH# 201404081) was last certified on March 5, 2019. The analysis contained in the Master EIR is adequate for subsequent Projects, as documented in the discussion below2)The Project is consistent with the analysis contained in the Master EIR. This is documented in the discussion of the 20 individual evaluation topics within this initial study. (2) There have been no substantive changes to the Urban Area General Plan since the Master EIR was certified that would create additional significant environmental effects that were not analyzed by the Master EIR.
(3) There has been no new information that would affect the adequacy of the analysis contained in the Master EIR.
(4) All policies contained in the Master EIR that require site-specific mitigation or avoidance of impacts remain in effect and will be applied to the Project as appropriate.
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VI. ENVIRONMENTAL ANALYSIS
This Initial Study, in accordance with Section 21157.1(b) of the Public Resources Code, discloses whether the proposed Project may cause any Project-specific significant effect(s) to the environment that was not examined in the Final Master EIR for the Urban Area General Plan, and whether new or additional mitigation measures or alternatives may be required as a result. The Initial Study thereby documents whether or not the Project is “within the scope” of the Master EIR.
Pursuant to Public Resources Code Section 21157.1, no new environmental document or findings are necessary for Projects that are determined to be within the scope of the Master EIR. Adoption of the findings specified in Section III.1, above, after completion of the Initial Study fulfills the City’s obligation in that situation. All environmental effects cited reflect 2040 conditions resulting from the Urban Area General Plan, as identified in the Master EIR.
The environmental impact analysis in the Master EIR for the Urban Area General Plan is organized in twenty subject / topical areas. The following analysis is based on the impact analyses contained in Chapter V of the Master EIR. For ease of reference, the sections are numbered in the same order as the analyses in Chapter V.
1. AESTHETICS/ VISUAL RESOURCES
Issues
Potentially
Significant
Impact
Less than
Significant
Impact with
Mitigation
Incorporated
Less than
Significant
Impact No Impact
I. AESTHETICS. Except as provided in Public Resources Code Section 21099, would the Project:
a) Have a substantial adverse effect on a scenic
vista?
b) Substantially damage scenic resources,
including, but not limited to, trees, rock
outcroppings, and historic buildings within a
state scenic highway?
c) In nonurbanized areas, substantially degrade the
existing visual character or quality of public
views of the site and its surroundings? (Public
views are those that are experienced from
publicly accessible vantage point). If the Project
is in an urbanized area, would the Project
conflict with applicable zoning and other
regulations governing scenic quality?
d) Create a new source of substantial light or glare
which would adversely affect day or nighttime
views in the area?
REGULATORY COMPLIANCE
California Scenic Highway Program
In 1963, the State’s Legislature passed the California’s Scenic Highway Program to protect scenic highway corridors from changes that would impact the visual aesthetics of lands surrounding highways. The program is managed by California’s Department of Transportation (Caltrans), who have taken “responsibility for the protection and enhancement of California’s natural scenic beauty by identifying those portions of the State highway system which, together with adjacent scenic corridors, require special conservation treatment” (CA DOT 2022). Caltrans coordinates with local government agencies, communities, and citizens to comply with the California Scenic Highway Program and preserve the State’s scenic resources.
DISCUSSION
a) Have a substantial adverse effect on a scenic vista? RESPONSE:
No Impact. Visually prominent features surrounding the Project Alignment consist of orchards, agricultural fields, low density, low to medium profile buildings, and commercial and industrial facilities. According to the City of Modesto’s FINAL INITIAL STUDY/ MITIGATED NEGATIVE DECLARATION SCH #2024121117 #8..
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General Plan, there are no designated scenic vistas or state scenic highways in the UAGP5 planning area (Modesto GP EIR, 2019). The proposed Project will install approximately 12,000 linear feet of potable water main using open trench excavation and jack and bore construction. As a result, the pipeline will be located approximately 6 feet underground within the paved public right-of-way. The only above-ground improvements are the thirteen (13) proposed fire hydrants.
One is within the northeastern corner of the Kiernan Avenue and Tully Road intersection, on the north side of the Project and 12 new fire hydrants will be installed along the south side of Kiernan Avenue. The fire hydrants will be installed and painted with Caterpillar Yellow Polyurethane high duty industrial enamel pursuant to the City of Modesto’s Standard Specifications (Section 2.16 Permit Construction Notes, B. Water (5); Section 6.05 Design, H. Fire Hydrants). The fire hydrants are a standard above ground appurtenance that are not anticipated to detract from scenic vista. After construction is complete, areas disturbed during construction will be returned to pre-project conditions and the fire hydrants will remain to provide adequate fire flow to the Project Location. Underground or above ground Project components are not anticipated to have substantial adverse impacts to scenic resources including designated scenic vistas or viewports.
For the reasons above, no impact on existing scenic vistas are anticipated as a result of the proposed Project. No Mitigation Measures are needed.
b) Substantially damage scenic resources, including, but not limited to, trees, rock outcroppings, and historic buildings within a state scenic highway?
RESPONSE:
No Impact. See Response 1, a) above. The closest scenic resource to the Project Location is Stanislaus River, located approximately 2.8 miles north of the UAGP planning area; and the closest state-designated highway is Interstate 5 (I-5), approximately 23 miles west of the Project Location. Due to the Project’s Location in relation to the closest state scenic highway, no impacts are anticipated. Therefore, no Mitigation Measures are needed.
c) In nonurbanized areas, substantially degrade the existing visual character or quality of public viewsof the site and its surroundings? (Public views are those that are experiencedfrom publicly accessible vantage point). If the Project is in an urbanized area, would the Project conflict with applicable zoning and other regulations governing scenic quality? RESPONSE:
Less than Significant Impact. The Project Location is relatively flat and surrounded by a mixture of agricultural and lowto mid-rise land uses. Public views of the Project Location and surrounding area consist of paved streets and the adjacent land and structures associated primarily with local agriculture (i.e. orchards, vacant parcels, commercial businesses, industrial operations, utilities, and institutional facilities). State Highway CA-219 (Kiernan Avenue) and the utilities along this route are visually prominent in this area due to the width of the CA-219 right-of-way, accommodating eight-lanes and a center median. The connecting east-west street grid combined with flat topography restrict public views to the view corridors created by existing arterials: Tully Road, and Dale Road and the front setbacks of adjacent parcels.
Project plans indicate that permanently modified public views are not anticipated because the Project is a buried pipeline and above ground appurtenances consisting of thirteen (13) fire hydrants within existing developed public right-of-way.
The Project will return surfaces of the public right-of-way to pre-project conditions once construction is complete; and utilize the fire hydrants for future fire suppression. The Project Alignment does not conflict with existing land use designations or requirements in the City’s Zoning Code, General Plan, Design Guidelines, and improvement programs.
Temporary impacts related to open trench construction, staging within public right-of-way and on adjacent parcels would only occur during construction and will be intermittent based on construction activities.
As a result, less than significant impacts are anticipated to occur to the existing visual character or quality of public views of the site and its surroundings. No Mitigation Measures are needed.
d) Create a new source of substantial light or glare which would adversely affect day or nighttime viewsin the area? RESPONSE:
5 UAGP is the Urban Area General Plan. As defined by the City of Modesto’s General Plan, the UAGP is defined by three subareas within Modesto’s planning area: 1) the Downtown Area, 2) the Baseline Developed Area, 3) the Planned Urbanized Area. The Project Location is located within the Planned Urbanized Area, near the northernmost boundary of the General Plan area.
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Less than Significant with Mitigation Incorporated. See Response 1, a) through c). Construction will occur during daytime hours (7:30AM- 4:30AM) on weekdays and may include weekend or night work to avoid traffic. During Project construction, equipment and vehicles with reflective surfaces resulting in new temporary sources of light and glare will be used according to agency standards. Construction is subject to an approved encroachment permit, which includes a Traffic Control Plan incorporating signage, lighting, detours and barriers, incorporating CALTRANS, City of Modesto, and County standards for safety. Due to the potential for nighttime construction, Mitigation Measure MM AES-01:
Construction Lighting Plan and MM AES-02: Coordination with Private Landowners is proposed to require that the City Engineer shall verify that plans and specifications for the Project show temporary construction lighting shielded and focused down on active areas of construction as well as downlit/shielded to reduce spillover onto the active right-of-way and adjacent properties; and coordination with private landowners occurs at least four (4) weeks prior to construction activities. The contractor is responsible for implementation and proper use of approved lighting throughout construction.
Since, the Project will construct underground infrastructure and fire hydrants that do not propose new permanent sources of substantial light or glare and do not involve substantive changes to City of Modesto operations and maintenance, less than significant long-term impacts are anticipated.
Potentially significant temporary impacts from to nighttime construction will be reduced to less than significance with the implementation of Mitigation Measure MM AES-01: Construction Lighting Plan and MM AES-02: Coordination with Private Landowners, which will be implemented throughout the duration of construction activities.
MITIGATION MEASURES
MM AES-01: Construction Lighting Plan- Prior to Project approval, the City of Modesto Utilities Department shall verify that Plans and Specifications for the Project show temporary lighting measures prior to and throughout nighttime construction activities (dusk to dawn) which minimize lighting on adjacent parcels. Plans and Specifications for the Project shall include directing light sources away from residential properties and structures that may be occupied on a 24-hour basis such as hotels. City inspectors shall verify that uplighting is minimized to the maximum extent by angling light sources down and fitting light sources with covered bulbs, shields, and dimmers and temporary boundary fencing around active areas of construction throughout the duration of nighttime construction.
MM AES-02: Coordination with Private Landowners- At least four (4) weeks prior to the start of construction, the City and the contractor shall coordinate with private owners and obtain written landowner approval for construction activities on private property in the form of a signature on the plan sheet showing the proposed work. Restoration work on private property shall be agreed upon approved by the landowner and the City in advance of construction. Restoration shall be certified by the landowner and the City upon completion as adequately meeting the City’s private landowner’s requirements.
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2. AGRICULTURE AND FORESTRY RESOURCES
Issues
Potentially
Significant
Impact
Less than
Significant
Impact with
Mitigation
Incorporated
Less than
Significant
Impact No Impact
AGRICULTURE AND FORESTRY RESOURCES. In determining whether impacts to agricultural resources are significant environmental effects, lead agencies may refer to the California Agricultural Land Evaluation and Site Assessment Model (1997) prepared by the California Dept. of Conservation as an optional model to use in assessing impacts on agriculture and farmland.
In determining whether impacts to forest resources, including timberland, are significant environmental effects, lead agencies may refer to information compiled by the California Department of Forestry and Fire Protection regarding the state’s inventory of forest land, including the Forest and Range Assessment Project and the Forest Legacy Assessment Project; and forest carbon measurement methodology provided in Forest Protocols adopted by the California Air Resources Board. Would the Project:
a) Convert Prime Farmland, Unique Farmland, or
Farmland of Statewide Importance (Farmland),
as shown on the maps prepared pursuant to the
Farmland Mapping and Monitoring Program of
the California Resources Agency, to nonagricultural use? b) Conflict with existing zoning for agricultural use,
or a Williamson Act contract?
c) Conflict with existing zoning for, or cause
rezoning of, forest land (as defined in Public
Resources Code Section 12220(g)), timberland
(as defined by Public Resources Code
Section 4526), or timberland zoned Timberland
Production (as defined by Government Code
Section 51104(g))?
d) Result in the loss of forest land or conversion of
forest land to non-forest use?
e) Involve other changes in the existing
environment which, due to their location or
nature, could result in conversion of Farmland,
to non-agricultural use or conversion of forest
land to non-forest use?
REGULATORY COMPLIANCE
The California Land Conservation Act or Williamson Act
The California Land Conservation Act or Williamson Act was established after World War II in response to increasing conservation pressures on agricultural lands. The Act allows local agencies to contract with private landowners, allowing reduced property tax in exchange for restricting use of land for agriculture or open space only. In 1965, Assembly Bill 1227 was enacted to establish a contract process to manage the rate of conservation of agricultural lands to urban uses. In determining whether impacts to agricultural resources are significant environmental effects, lead agencies may refer to the California Agricultural Land Evaluation and Site Assessment Model (1997) prepared by the California Department of Conservation as an optional model to use in assessing the quality of agricultural land and level of impacts on agriculture and environmental effects, lead agencies may refer to information compiled by the California Department of Forestry and Fire Protection regarding the state’s inventory of forest land, including the Forest and Range Assessment Project; and the forest carbon measurement methodology providing in Forest Protocols adopted by the California Air Resources Board.
Natural Resource Conservation Service (NRCS)
NRCS offers technical and financial assistance to farmers and ranchers under the 2014 Farm Bill. Established in 1935 as the Soils Conservation Service Agency, within the United States Department of Agriculture, NRCS provides technical and financial support for soils and related natural resource conservation on private lands. NRCS maintains a web database of soils maps.
NRCS soil maps for land surrounding the Project indicate fertile soils conducive to farming.
DISCUSSION
a) Convert Prime Farmland, Unique Farmland, or Farmland of Statewide Importance (Farmland), as shownon the maps prepared pursuant to the Farmland Mapping and Monitoring Program of the California Resources Agency, to nonagricultural use? FINAL INITIAL STUDY/ MITIGATED NEGATIVE DECLARATION SCH #2024121117 #8..
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RESPONSE:
Less than Significant Impact. Agriculture is the County’s leading sector for economic growth, generating over $3.8 billion in 2015 (Stanislaus County GP EIR, 2016; Modesto GP EIR, 2019) and comprising significant acreage in use as farmland within Stanislaus County. As such, the County and City of Modesto have deployed various polices aiding in the conservation and protection of agricultural land and operations. Policies include buffers around adjacent agricultural land uses, support for the continuation of agricultural uses, and ensuring land use compatibility enables continuation of agricultural uses through minimization of conflict. In 2016, the City’s current General Plan reported that the County contained approximately 249,967 acres of Prime Farmland, 33,172 acres of Farmland of Statewide Importance, 116,210 acres of Unique Farmland, and 26,029 acres of Farmland of Local Importance (California Department of Conservation, 2016; Modesto GP EIR, 2019).
The Project is proposed for construction within existing developed areas, primarily paved public right-of-way, as shown on the Department of Conservation Farmland Mapping and Monitoring Program’s California Important Farmland Finder Website (CA Department of Conservation, 2015; See Figure 7. Farmland Adjacent to the Project Alignment). Therefore, the Project will not directly convert Prime Farmland, Unique Farmland, or Farmland of Statewide Importance to alternative uses. The Project will be implemented within the existing right-of-way, and avoiding the median and travel lanes, and on a portion of Assessor’s Parcel Number (APN) 004-068-008 designated as Urban and Built-Up Land6 , within
the Stanislaus Elementary School property boundaries (Modesto GP EIR- Figure V-4-1: Important Farmland Within City of Modesto Planning Area). The pipeline will directly serve Stanislaus Elementary School with potable water, replacing the groundwater well at this site; therefore, a service pipe will connect to the school’s infrastructure on the southeastern corner of School’s property and be installed using jack and bore construction beneath Kiernan Avenue.
The Project is located adjacent to agricultural land uses and will be implemented within existing road rights-of-way and urban/ built up land with no direct impacts on agriculture. The Project will implement BMPs and mitigation measures during construction so that there will be no indirect impacts on adjacent farmland. The Project does not propose to convert agricultural land uses to developed land uses. Due to consistency between the Project and the General Plan and Water Master Plan, the Project is not considered growth inducing and will not result in significant indirect impacts on Farmland. The Project is a planned extension of water services that supports the planned buildout of the approved General Plan and City of Modesto Water Master Plan.
For these reasons, Project impacts on Farmland are considered to be less than significant and Project implementation will not result in conversion of agricultural land.
b) Conflict with existing zoning for agricultural use, or a Williamson Act contract? RESPONSE:
Less than Significant with Mitigation Incorporated. See Response 2, a). According to the City of Modesto’s Water Master Plan, Figure 5-2: Williamson Act Contracts, the Project Alignment is adjacent to land designated under the Williamson Act Contract along the south side of Kiernan Avenue (APN 046-006-002, -032); the north side of Kiernan Avenue (APN 046-069-042; and 003-009-036, -046); west side of Tully Road (APN 046-006-011); and east side of Tully Road (APN 046- 006-012) (See Figure 7. Farmland Adjacent to the Project Alignment). The 12,000 linear feet of potable water main will stay within the bounds of the public right-of-way and will implement BMPs to confine construction impacts within the developed right-of-way with less than significant impacts on the surrounding areas. Staging areas will be located along various portions of the Project Alignment and will not occur outside of the public right-of-way. However, to avoid and minimize conflicts between agricultural production and non-agricultural uses during Project construction, Mitigation Measure MM AG-01: Buffer and Setback Guidelines will be implemented, which will require the Project contractor to implement a 6-foot-high fence; litter control and other maintenance standards such as post-construction sweeping, clean-up drips and leaks, etc. pursuant to Mitigation Measure MM HYDRO-02: StormwaterBMPs throughout Project Construction.
With the implementation of mitigation measures, the Project will not conflict with existing zoning for agricultural use or a Williamson Act contract (See Figure 2A. Water Improvements Local Vicinity Map; Figure 7. Farmland Adjacent to the 6 According to the Department of Conservation, Urban Built-Up Land is land that is occupied by structures with a building density of at least 1 unit to 1.5 acres, or approximately 6 structures to a 10-acre parcel. This land is used for residential, industrial, commercial, construction, institutional, public administration, railroad and other transportation yards, cemeteries, airports, golf courses, sanitary landfills, sewage treatment, water control structures, and other developed purposes (CA Department of Conservation, n.d.) FINAL INITIAL STUDY/ MITIGATED NEGATIVE DECLARATION SCH #2024121117 #8..
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Project Alignment) and Mitigation Measure MM AG-01: Buffer and Setback Guidelines and MM HYDRO-02: Stormwater BMPs throughout Project Construction implemented during construction activities.
c) Conflict with existing zoning for, or cause rezoning of, forest land (as defined in Public ResourcesCode Section 12220(g)), timberland (as defined by Public Resources Code Section 4526), or timberland zoned Timberland Production (as defined by Government Code Section 51104(g))?
RESPONSE:
No Impact. According to the Stanislaus County GP EIR, Stanislaus County does not include lands zoned for forestland or timberland; therefore, no impacts on these resources would occur. As a result, no impacts to timberland, or timberland zoned Timberland Production are anticipated. No Mitigation Measures are needed.
d) Result in the loss of forest land or conversion of forest land to non-forest use? RESPONSE:
No Impact. According to the Stanislaus County GP EIR, Stanislaus County does not include forestland; therefore, no impacts on these resources are anticipated. No Mitigation Measures are needed.
e) Involve other changes in the existing environment which, due to their location or nature, could result in conversion of Farmland, to non-agricultural use or conversion of forest land to non-forest use RESPONSE:
No Impact. The Project is located within paved right-of-way that is maintained by CALTRANS (Kiernan Avenue), County (Tully Road), and City (Dale Road). The Project is proposed to carry out city plans outlined in the City General Plan and Water Master Plan. Changes associated with construction will occur entirely within the public right-of-way, which will be returned to preconstruction conditions upon completion of construction with the exception of a fire hydrants that will be installed with the Project. Fire hydrants are standard city infrastructure which will be used for future fire suppression associated with the planned buildout of the approved local land use plans. Therefore, localized changes due to Project implementation will not result in Farmland or forest land conversion to non-agricultural or non-forest use. Likewise, there will be no indirect impacts in this regard due to Project consistency with the applicable Water Master Plan document. Therefore, no impact is anticipated, and no additional Mitigation Measures are needed.
MITIGATION MEASURE
MM AG-01: Buffer and Setback Guidelines- Throughout Project construction and earthworks, the City Inspectors shall verify that Project contractor incorporates and implements the following measures where portions of the Project Alignment and the adjoining agricultural operation share a common parcel line:
- Buffer: Establish a 6-foot-high chain link fence with a shade cloth between construction activities within the public right-of-way and agricultural land uses;
- Refuse Disposal and Containers: Refuse containers with fastened lids shall be placed and used in areas of active construction and staging. Refuse containers shall be emptied and the refuse removed from the construction areas and disposed of off-site at an appropriate disposal site at the end of each day. - Site Inspections: At the beginning and end of each day, the Project contractor shall conduct a site inspection so that all debris is removed from the Project Site.
See Mitigation Measure MM HYDRO-02: Stormwater BMPs throughout Project Construction in Section 10) Hydrology and Water Quality.
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Kiernan Avenue
Carver Road
Dale Road Dale Road Bangs Ave Pelandale Ave Pelandale Ave Claratina Ave Tully Road Tully Road
Morrow Road
American Ave.
Bangs Ave
APN 046-006-002
APN 046-006-024
APN 046-006-025
APN 046-006-032
APN 046-006-021 APN
046-006-026
Carver Road APN
046-006-023
Tully Road APN 046-006-011 APN 046-006-012
APN 046-069-042
APN 003-009-036
APN
003-009-046
Source: Esri, Maxar, Earthstar Geographics, and the GIS User Community Figure 7. Farmland Adjacent to the Project Alignment
City of Modesto
Stanislaus Elementary School 123-TCP Mitigation Project 0 0.25 0.5 0.75 1 0.125
Mile
¯
Legend
¬« Fire Hydrant
ProjectHydrological FlowlinesPrime FarmlandGrazing LandVacant or Disturbed Land Rural Residential LandSemi-agricultural and Rural Commercial LandUrban and Built-Up LandModesto City Limits Modesto Sphere of Influence Stanislaus Elementary School Property Site Connection Point to Existing Pipeline Irrigation Ditch
Modesto Main Canal
(east-west)
Lateral Number Six
Lateral Number Six
Lateral Number One
Source: CA Department of Conservation,
Williamson Act Enrollment Finder, 2022
Williamson Act Contract Land (CA DOC 2022)
¬«
¬«
¬«
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3. AIR QUALITY
Issues
Potentially
Significant
Impact
Less than
Significant
Impact with
Mitigation
Incorporated
Less than
Significant
Impact No Impact
AIR QUALITY. Where available, the significance criteria established by the applicable air quality management district or air pollution control district may be relied upon to make the following determinations. Would the Project:
a) Conflict with or obstruct implementation of the
applicable air quality plan?
b) Result in a cumulatively considerable net
increase of any criteria pollutant for which the
Project region is non-attainment under an
applicable federal or state ambient air quality
standard?
c) Expose sensitive receptors to substantial
pollutant concentrations?
d) Result in other emissions (such as those leading
to odors) adversely affecting a substantial
number of people?
REGULATORY COMPLIANCE
Federal and State Ambient Air Quality Standards
The Federal Clean Air Act was first implemented by the U.S. Environmental Protection Agency (EPA) in 1970 to enforce federal ambient air quality standards (NAAQS) for six criteria air pollutants, which include particulate matter of aerodynamic radius of 10 micrometers or less (PM 10), particulate matter of aerodynamic radius of 2.5 micrometers of less (PM 2.5), carbon monoxide (CO), nitrogen dioxide (NO2), ground-level ozone, and lead. Federal standards are designed to protect public health and the environment with a reasonable margin of safety (Reference Table 5: Federal and State Pollutant Standards).
TABLE 5: FEDERAL AND STATE POLLUTANT STANDARDS
Air Pollutant
ŽŶĐĞŶƚƌĂƟŽŶͬǀĞƌĂŐŝŶŐdŝŵĞ
DŽƐƚZĞůĞǀĂŶƚ
īĞĐƚ
California Standards
Federal Primary Standards
Ozone (O3)
0.09 ppm/1-hour
0.07 ppm/8-hour
0.070 ppm/8-hour
(a) Decline in pulmonary
ĨƵŶĐƟŽŶĂŶĚůŽĐĂůŝnjĞĚůƵŶŐ
edema in humans and animals;
(b) Risk to public health implied
ďLJĂůƚĞƌĂƟŽŶƐŝŶƉƵůŵŽŶĂƌLJ
morphology and host defense
in animals;
(c) Increased mortality risk;
(d) Risk to public health implied
ďLJĂůƚĞƌĞĚĐŽŶŶĞĐƟǀĞƟƐƐƵĞ
metabolism and altered
pulmonary morphology in
ĂŶŝŵĂůƐĂŌĞƌůŽŶŐ-term
exposures and pulmonary
ĨƵŶĐƟŽŶĚĞĐƌĞŵĞŶƚƐŝŶ
chronically exposed humans;
;ĞͿsĞŐĞƚĂƟŽŶĚĂŵĂŐĞ͖ĂŶĚ
(f) Property damage.
Carbon Monoxide (CO)
20.0 ppm/1-hour
9.0 ppm/8-hour
35.0 ppm/1-hour
9.0 ppm/8-hour
;ĂͿŐŐƌĂǀĂƟŽŶŽĨĂŶŐŝŶĂ
pectoris and other aspects of
coronary heart disease;
(b) Decreased exercise
tolerance in persons with
peripheral vascular disease and
lung disease;
(c) Impairment of central
ŶĞƌǀŽƵƐƐLJƐƚĞŵĨƵŶĐƟŽŶƐ͖ĂŶĚ
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November 2024
(d) Possible increased risk to
fetuses.
Nitrogen Dioxide (NO2)
0.18 ppm/1-hour
0.03 ppm/annual
100 ppb/1-hour
0.053 ppm/annual
;ĂͿWŽƚĞŶƟĂůƚŽĂŐŐƌĂǀĂƚĞ
chronic respiratory disease and
respiratory symptoms in
ƐĞŶƐŝƟǀĞŐƌŽƵƉƐ͖
(b) Risk to public health implied
by pulmonary and extrapulmonary biochemical and
cellular changes and pulmonary
structural changes; and
;ĐͿŽŶƚƌŝďƵƟŽŶƚŽĂƚŵŽƐƉŚĞƌŝĐ
ĚŝƐĐŽůŽƌĂƟŽŶ͘
Sulfur
Dioxide
(SO2)
0.25 ppm/1-hour
0.04 ppm/24-hour
75 ppb/1-hour
0.14 ppm/annual
;ĂͿƌŽŶĐŚŽĐŽŶƐƚƌŝĐƟŽŶ
accompanied by symptoms
which may include wheezing,
shortness of breath and chest
ƟŐŚƚŶĞƐƐ͕ĚƵƌŝŶŐĞdžĞƌĐŝƐĞŽƌ
ƉŚLJƐŝĐĂůĂĐƟǀŝƚLJŝŶƉĞƌƐŽŶƐǁŝƚŚ
asthma.
^ƵƐƉĞŶĚĞĚWĂƌƟĐƵůĂƚĞDĂƩĞƌ
(PM10) 50 μg/m3/24-hour
20 μg/m3/annual
150 μg/m3/24-hour
;ĂͿ
džĂĐĞƌďĂƟŽŶŽĨƐLJŵƉƚŽŵƐŝŶ
ƐĞŶƐŝƟǀĞƉĂƟĞŶƚƐǁŝƚŚ
respiratory or cardiovascular
disease;
(b) Declines in pulmonary
ĨƵŶĐƟŽŶŐƌŽǁƚŚŝŶĐŚŝůĚƌĞŶ͖
(c) Increased risk of premature
death from heart or lung
diseases in elderly.
^ƵƐƉĞŶĚĞĚWĂƌƟĐƵůĂƚĞDĂƩĞƌ
(PM2.5) 12 μg/m3 / annual 35 μg/m3/24-hour
12 μg/m3/annual
Sulfates 25 μg/m3/24-hour No Federal Standards
;ĂͿĞĐƌĞĂƐĞŝŶǀĞŶƟůĂƚŽƌLJ
ĨƵŶĐƟŽŶ͖
;ďͿŐŐƌĂǀĂƟŽŶŽĨĂƐƚŚŵĂƟĐ
symptoms;
;ĐͿŐŐƌĂǀĂƟŽŶŽĨĐĂƌĚŝŽpulmonary disease;
;ĚͿsĞŐĞƚĂƟŽŶĚĂŵĂŐĞ͖
;ĞͿĞŐƌĂĚĂƟŽŶŽĨǀŝƐŝďŝůŝƚLJ͖
(f) property damage.
Lead 1.5 μg/m3/30-day 0.15 μg/m3/3-monthrolling ;ĂͿ>ĞĂƌŶŝŶŐĚŝƐĂďŝůŝƟĞƐ͖(b) Impairment of blood ĨŽƌŵĂƟŽŶĂŶĚŶĞƌǀĞ
ĐŽŶĚƵĐƟŽŶ͘
sŝƐŝďŝůŝƚLJZĞĚƵĐŝŶŐWĂƌƟĐůĞƐ
džƟŶĐƟŽŶĐŽĞĸĐŝĞŶƚ of 0.23
per kilometer-visibility of 10
miles orŵŽƌĞĚƵĞƚŽƉĂƌƟĐůĞƐ
when humidity is lessthan 70
percent.
No Federal Standards
Visibility impairment on days
ǁŚĞŶƌĞůĂƟǀĞŚƵŵŝĚŝƚLJŝƐůĞƐƐ
than 70 percent.
Source : https://ww2.arb.ca.gov/sites/default/files/2020-07/aaqs2.pdf The California Air Resources Board (CARB) and the EPA designate air basin boundaries across the state for the purpose of regulating air quality pursuant to the Clean Air Act through monitoring, permitting, and establishing standards for criteria pollutants. California air quality standards (CAAQS) that are established by CARB and air quality monitoring provides feedback on the effectiveness of the State Implementation Plan (SIP) for attainment of NAAQS and CAAQS pursuant to the Clean Air Act. Section 176(c) of the Federal Clean Air Act specifically prohibits federal participation in any project that is in conflict with the SIP. Air basins exceeding established standards are designated as “nonattainment” areas. If there is inadequate or inconclusive data to make a definitive attainment designation, they are considered “unclassified.” National nonattainment areas are further designated as marginal, moderate, serious, severe, or extreme according to the extent of deviation from standards. Each standard has unique criteria for attainment, based on specific air quality statistics related to levels of probable health risk and potential environmental damage (CARB). Table 6: San Joaquin Valley Air Pollution Control District Attainment Status displays the current attainment standards of SJVAPCD.
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TABLE 6 : SAN JOAQUIN VALLEY AIR POLLUTION CONTROL DISTIRCT ATTAINMENT STATUS Pollutant State Status &ĞĚĞƌĂůƩĂŝŶŵĞŶƚ^ƚĂƚƵƐ
Ozone- One hour No Federal Standard EŽŶĂƩĂŝŶŵĞŶƚͬ^ĞǀĞƌ Ozone- Eight hour EŽŶĂƩĂŝŶŵĞŶƚͬ
džƚƌĞŵĞ EŽŶĂƩĂŝŶŵĞŶƚ
PM10 ƩĂŝŶŵĞŶƚ EŽŶĂƩĂŝŶŵĞŶƚ
PM2.5 EŽŶĂƩĂŝŶŵĞŶƚ EŽŶĂƩĂŝŶŵĞŶƚ
Carbon Monoxide (CO) ƩĂŝŶŵĞŶƚͬhŶĐůĂƐƐŝĮĞĚ ƩĂŝŶŵĞŶƚͬhŶĐůĂƐƐŝĮĞĚ Nitrogen Monoxide (NO) ƩĂŝŶŵĞŶƚͬhŶĐůĂƐƐŝĮĞĚ ƩĂŝŶŵĞŶƚ Sulfur Dioxide (SO2) ƩĂŝŶŵĞŶƚͬhŶĐůĂƐƐŝĮĞĚ ƩĂŝŶŵĞŶƚ
Lead EŽĞƐŝŐŶĂƟŽŶͬůĂƐƐŝĮĐĂƟŽŶ ƩĂŝŶŵĞŶƚ
,LJĚƌŽŐĞŶ^ƵůĮĚĞ No Federal Standard hŶĐůĂƐƐŝĮĞĚ
Sulfates No Federal Standard ƩĂŝŶŵĞŶƚ
sŝƐŝďŝůŝƚLJZĞĚƵĐŝŶŐWĂƌƟĐůĞƐ No Federal Standard hŶĐůĂƐƐŝĮĞĚ Vinyl Chloride No Federal Standard ƩĂŝŶŵĞŶƚ
Source: SJVAPCD 2020.
San Joaquin Valley Air Pollution Control District
The Project is within the San Joaquin Valley Air Pollution Control District (SJVAPCD) Jurisdiction. The District extends over eight counties within California’s Central Valley region (approximately 250 miles long). SJVAPCD’s responsibilities as an Air Pollution Control District are to protect public health while developing effective, active air pollution controls for economic prosperity and growth opportunities with the Central Valley. SJVAPCD regulates air quality in the basin by monitoring and reporting levels of ten criteria air pollutants within its jurisdiction and by setting standards for achieving compliance with state and federal air quality regulations for each criteria pollutant in addition to their own significance thresholds (See Table 7: SJVAPCD Air Quality Significance Thresholds and Table 5: Federal and State Pollutant Standards). SJVAPCD operates a total of 38 air monitoring stations throughout San Joaquin Valley. Air monitoring sites are operated in collaboration with California Air Resources Board (CARB), the National Park Services, and tribal nations (Valley Air District 2022).
TABLE 7 : SJVAPCD AIR QUALITY SIGNIFICANCE THRESHOLDS
ŝƌYƵĂůŝƚLJdŚƌĞƐŚŽůĚƐŽĨ^ŝŐŶŝĮĐĂŶĐĞ
Pollutant/ Precursor ŽŶƐƚƌƵĐƟŽŶ
ŵŝƐƐŝŽŶƐ KƉĞƌĂƟŽŶĂů
ŵŝƐƐŝŽŶƐ
WĞƌŵŝƩĞĚ
ƋƵŝƉŵĞŶƚĂŶĚĐƟǀŝƟĞƐ Non-WĞƌŵŝƩĞĚ
ƋƵŝƉŵĞŶƚĂŶĚĐƟǀŝƟĞƐ
Emissions (tons/ year) Emissions (tons/year) Emissions (tons/ year) CO 100 100 100
NOx 10 10 10
ROG 10 10 10
SOx 27 27 27
PM10 15 15 15
PM2.5 15 15 15
ŝƌYƵĂůŝƚLJdŚƌĞƐŚŽůĚƐŽĨ^ŝŐŶŝĮĐĂŶĐĞ– Toxic Air Containments Carcinogens Maximally Exposed Individual risk equals or exceeds 20 in one million Non-Carcinogens Acute: Hazard index equals or exceeds 1 for the Maximally Exposed Individual Chronic: Hazard Index equals or exceeds 1 for the Maximally Exposed Individual Source: http://www.valleyair.org/transportation/ceqa_idx.htm SJVAPCD regulations target activities known to contribute to high levels of criteria pollutant emissions. Source pollutants are grouped into two categories, either point source or non-point source and are regulated through discretionary review and approvals. The SJVAPCD process allows for review of proposed activities and conditional approval incorporating emissions reduction measures to achieve pollutant attainment and maintenance of air quality standards of the SIP adopted by the State Air Resources Board (ARB) and U.S. EPA. Projects that propose to construct, modify, or operate a facility that may emit pollutants from a stationary source into the atmosphere, must obtain an Authority to Construct, and thereafter a Permit to Operate from the District, which may require implementation of BMPs or conditions of approval with projects to target specific criteria pollutants and reduce emissions. Likewise, local agencies work cooperatively with SJVAPCD through the discretionary entitlement process to incorporate BMPs and conditions of approval for construction activities and long-term operations.
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Pursuant to U.S Environmental Protection Agency’s (EPA) health-based national air quality standards (NAAQS) established by the Clean Air Act for criteria pollutants, the District has adopted 650 rules that have significantly reduced emission levels to comply with EPA’s NAAQS standards and the SIP. Rules that are typically applicable to infrastructure projects include but are not limited to the following:
District Rule 4101 Visible Emissions- This rule prohibits the emissions of visible air contaminants to the atmosphere. The rule prohibits the discharge into the atmosphere from any single source of emission, any air contaminant, other than uncombined water vapor, for a period or periods aggregating more than three (3) minutes in any one hour which is as dark or darker in shade as that designated as No. 1 on the Ringelmann Chart.
Rule 4102 Nuisance- The purpose of this rule is to protect the health and safety of the public. The rule prohibits anyone from discharging air contaminants or other materials which cause injury, detriment, nuisance or annoyance to any considerable number of persons or to the public or which endanger the comfort, repose, health or safety of any such person or the public or which cause or have a natural tendency to cause injury or damage to business or property. The provisions of this rule do not apply to odors emanating from agricultural operations in the growing of crops or raising of fowl or animals.
Rule 4601 Architectural Coatings- The purpose of this rule is to limit VOC emissions from architectural coatings by regulating the storage, cleanup, and labeling requirements. Painting Practices: The rule requires that all containers containing architectural coatings (including any volatile material used for thinning or cleanup) be closed when not in use. The rule also sets limits on the number of VOCs in architectural coating and prohibits thinning such that the limits would be exceeded.
Rule 4641, Cutback, Slow Cure, and Emulsified Asphalt, Paving and Maintenance Operations- This rule limits VOC emissions by restricting the application and manufacturing of cutback asphalt8, slow cure asphalt, or emulsified asphalt.
Rule 4702 Internal Combustion Engines (Certified Equipment for Internal Combustion Engines)- This rule requires stationary engines to meet certain exhaust limits for NOx and CO, but these limits are not applicable to standby engines as long as they are used fewer than 200 hours per year (e.g., for testing during non-emergencies).
District Regulation II (Permits)- District Regulation II (Permits) applies to permitted emission sources and includes rules such as SJVAPCD permit requirements (Rule 2010), New and Modified Stationary Source Review (Rule 2201), and implementation of Emission Reduction Credit Banking (Rule 2301). Many industrial projects and some commercial projects require SJVAPCD permits. Rule 2010 states that “any person who plans to or does operate, construct, alter, or replace any [permanent] source of emission of air contaminants” must obtain approval of the Air Pollution Control Officer and receive an Authority to Construct and a Permit to Operate.
District Regulation II ensures that stationary source emissions will be reduced or mitigated to below the SJVAPCD’s significance thresholds. However, the Lead Agency can, and should, make an exception to this determination if special circumstances suggest that the emissions from any permitted or exempt source may cause a significant air quality impact.
For example, if a source may emit objectionable odors, then odor impacts on nearby receptors should be considered a potentially significant air quality impact.
SJVAPCD implementation of New Source Review (NSR) ensures that there is no net increase in emissions above specified thresholds from New and Modified Stationary Sources for all nonattainment pollutants and their precursors. Furthermore, in general, permitted sources emitting more than the NSR Offset Thresholds for any criteria pollutant must offset all emission increases in excess of the thresholds. However, under certain circumstances, the SJVAPCD may be precluded by state law or other SJVAPCD rule requirements from requiring a stationary source to offset emissions increases.
District Regulation VIII (Fugitive PM10 Prohibition)- The purpose of Regulation VIII (Reg. VIII) is to reduce ambient concentrations of fine particulate matter (PM10) by requiring actions to prevent, reduce or mitigate anthropogenic fugitive dust emissions. Reg. VIII requires property owners, contractors, developers, equipment operators, farmers and public agencies to control fugitive dust emissions from specified outdoor fugitive dust sources.
District Rule 9510 (Indirect Source Review)- District Rule 9510 (ISR) is intended to reduce a project’s impact on air quality through project design elements or mitigation by payments of applicable off-site mitigation fees. Compliance with Rule 9510 will reduce construction exhaust NOx and PM10 emissions by 20 percent and 45 percent respectively. Compliance with Rule FINAL INITIAL STUDY/ MITIGATED NEGATIVE DECLARATION SCH #2024121117 #8..
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9510 will reduce operational emissions of NOx and PM10 emissions by 33.3 percent and 50 percent respectively. Individual development projects would be subject to ISR requirements.
The ISR rule also applies to any transportation or transit project where construction exhaust emissions equal or exceed two (2.0) tons NOx or two (2.0) tons of PM10. For projects subject to District Rule 9510, the SJVAPCD recommends that demonstration of compliance with District Rule 9510, including payment of all applicable fees before issuance of the first building permit, be made a condition of project approval.
It should be noted that although compliance with District Rule 9510 substantially reduces project specific impacts on air quality, it may not be sufficient to reduce project specific emissions to less than significant levels.
District Rule 9410 (Employer Based Trip Reduction)- The eTRIP Rule (Rule 9410, Employer Based Trip Reduction), requires larger employers to establish an Employer Trip Reduction Implementation Plan (eTRIP). An eTRIP is a set of measures that encourages employees to use alternative transportation and ridesharing for their morning and evening commutes. Each measure contributes to a workplace where it is easier for employees to choose to use ridesharing or alternative transportation. Through this rule, single-occupancy vehicle trips are reduced, thus reducing emissions of oxides of nitrogen (NOx), volatile organic compounds (VOC) and particulate matter (PM).
EXISTING CONDITONS
The nearest air monitoring station to the Project is the Modesto Monitoring Station (Modesto Station). The Modesto Station is located approximately 4.89 miles southeast of the Project at 814 14th Street, Modesto. Data was also taken from the Turlock – S Minaret Street Monitoring Station (Turlock Station) located approximately 18.21 miles southeast of the Project at 900 S Minaret Street, Turlock, since the monitoring stations closest to the Project Site do not monitor all criteria pollutants.
During the 2020 to 2022 monitoring period the following occurred at the Modesto Station each year, the State 1-hour concentration standard for ozone was exceeded between one and three days; State 8-hour ozone standard has been exceeded between five and 13 days each year over the past three years at the Modesto Station; the Federal 8-hour ozone standard was exceeded between four and 13 days each year over the past three years;. the State 24-hour concentration standards for PM10 was exceeded between 38 and 80 days each year over the last three years. Over the past three years at the Modesto Station, the Federal 24-hour standards for PM10 were exceeded by only seven days in 2020; and the Federal 24-hour standard for PM2.5 was exceeded between ten and 25 days each year.
DISCUSSION
The responses within this section are based on the Air Quality, Global Climate Change, and Energy Impact Analysis, received December 14th, 2023, revised October 4, 2024, for the Stanislaus Elementary School 1,2,3-TCP Mitigation Project by Ganddini Group (Appendix A). The study was performed to address the possibility of regional/local air quality impacts and global climate change impacts for short-term Project construction and long-term operations7 The study provides calculated emissions estimates generated from latest CalEEMod computer model for evaluation of Project consistency with local (SJVAPCD) and national NAAQ standards that have been established for achieving healthful air. a) Conflict with or obstruct implementation of the applicable air quality plan? RESPONSE:
Less than Significant Impact with Mitigation Incorporated.
Short-term Construction Emissions
Construction-related criteria pollutant emissions for the construction of the proposed Project are shown below in Table 8:
Construction Related Regional Pollutant Emissions. Based on anticipated Project construction, none of the analyzed criteria pollutants would exceed the SJVAPCD regional emissions thresholds. Project construction will contribute to PM10 an PM2.5 emissions during construction due to dust earthwork and pavement demolition and restoration as well as from diesel equipment use. Since the Project is located in a non-attainment area for PM10 and PM2.5, Mitigation Measure MM AQ-01 is recommended to implement dust control and implement equipment idling restrictions that will reduce the contribution of PM10 and PM2.5 from the Project.
7 Air quality/GHG, modeling, assumptions were based on a “worst-case scenario”. Under “worst-case” conditions, including earthwork associated with up to five (5) jack and bore locations ; therefore, air quality/ GHG modeling over estimated emissions related to Project construction.
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TABLE 8: CONSTRUCTION RELATED REGIONAL POLLUTANT EMISSIONS Activity Pollutant Emissions (pounds/day)
ROG NOx CO SO2 PM10 PM2.5
Maximum Daily Emissions1 0.31 2.79 3.15 0.01 0.34 0.20
SJVAPCD Thresholds 10 10 100 27 15 15
Exceeds Thresholds? No No No No No No
Source: CalEEMod Version 2022.1.1.13
Notes: See Appendix A (Air Quality Global Greenhouse Gas Emissions, Energy Impact Analysis, Ganddini, 2024) (1) Includes both on-site and off-site emissions. On -site grading PM-10 and PM-2.5 emissions show compliance with SCAQMD Rule 403 for fugitive dust.
Project emissions that were generated by CalEEMod were also compared with Federal conformity de minimus standards and are presented in Table 9: Federal Conformity Analysis and De Minimus Thresholds in tons per year (tpy) for the SJVAB. Table 9 shows that Project-related construction emissions would be less than the de minimus thresholds for all pollutants; the Project is therefore exempt from performing a comprehensive Air Quality Conformity Analysis and would be considered to be in conformity with the SIP, with less than significant impacts pursuant to federal standards from 40 CFR 93.153.
TABLE 9: FEDERAL CONFORMITY ANALYSIS AND DE MINIMUS THRESHOLDS Activity Pollutant Emissions (pounds/day)
ROG NOx CO SO2 PM10 PM2.5
De Minimus Threshold 1 0.31 2.79 3.15 0.01 0.34 0.20
SJVAPCD Thresholds2 10 100 100 100 100 70
Exceeds Thresholds? No No No No No No
Source: CalEEMod Version 2022.1.1.28
Notes: See Appendix A (Air Quality Global Greenhouse Gas Emissions, Energy Impact Analysis, Ganddini, 2024) (1) Federal General Conformity thresholds obtained from 40 CFR 93.153; (2) Includes both on-site and off-site emissions. On-site PM2.5 and PM-10 emissions show compliance with SJVAPCD Regulation VIII for fugitive dust.
Long-term Operational Emissions
To conduct routine inspections and ensure proper long-term maintenance, the long-term operation of the Project will require a minimal number of monthly worker trips. Additional staffing needs for long-term operation and maintenance of the proposed Project are not anticipated. Therefore, operational emissions associated with the proposed Project would be negligible and would not be anticipated to exceed SJVAPCD regional thresholds or de minimus thresholds for federal conformity. Operation of the proposed Project would result in a less than significant regional air quality impact.
The proposed Project is that of the installation of a new water pipeline and additional City staffing needs for the long-term operation and maintenance of the Project are not anticipated. The operation of the Project is anticipated to include only monthly worker trips in order to conduct routine inspections and ensure proper long-term maintenance. Therefore, as the Project operation includes only a negligible amount of monthly maintenance trips, The Project will not generate measurable long-term traffic; therefore no CO “hot spot” modeling was not necessary, and no significant long-term air quality impact is anticipated to local air quality with the on-going use of the proposed Project.
As a result of the reasons above, the Project does not anticipate significant impacts to applicable air quality plans. No Mitigation Measures are needed.
b) Result in a cumulatively considerable net increase of any criteria pollutant for which the Project region is nonattainment under an applicable federal or state ambient air quality standard? RESPONSE:
Less than Significant Impact. See Section 3. a). As stated in the SJVAPCD Guidance for Assessing and Mitigating Air Quality Impacts, when assessing whether there is a new significant cumulative effect, the Lead Agency shall consider whether the incremental effects of the Project are cumulatively considerable. “Cumulatively considerable” means that the incremental effects of an individual Project are significant when viewed in connection with the effects of past Projects, the effects of other current Projects, and the effects of probable future Projects [CCR §15064(h)(1)]. Per CEQA Guidelines §15064(h)(3) a Lead Agency may determine that a Project’s incremental contribution to a cumulative effect is not FINAL INITIAL STUDY/ MITIGATED NEGATIVE DECLARATION SCH #2024121117 #8..
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cumulatively considerable if the Project will comply with the requirements in a previously approved plan or mitigation program, including, but not limited to an air quality attainment or maintenance plan that provides specific requirements that will avoid or substantially lessen the cumulative problem within the geographic area in which the Project is located.
Any proposed development Project within the jurisdiction of SJVAPCD that would individually have a significant air quality impact would also be considered to have a significant cumulative air quality impact. Therefore, if a Project is significant based on the SJVAPCD thresholds of significance for criteria pollutants, then it is also cumulatively significant.
The proposed Project does not exceed SJVAPCD or federal air quality thresholds. The Project will contribute dust and diesel emissions during construction within an air basin that is in non-attainment status for PM10 and PM2.5. As a result, the Project would result in a less than significant cumulative impact for operational emissions. Mitigation Measure MMAQ-01 is proposed to reduce dust and equipment emissions by implementing appropriate dust control best management practices, such as regular sweeping of track-out areas, covered haul loads and cover stockpiles, as well as check equipment idling so that equipment that is not actively in use is not left idling more than 5 minutes. Therefore, less than significant short-term impacts are expected.
c) Expose sensitive receptors to substantial pollutant concentrations? RESPONSE:
Less than Significant Impact.
Short-term Construction Emissions
Regulation of exposure to substantial pollutant concentrations targets health effects from criteria pollutant emissions.
The applicable significance thresholds that are established for regional compliance with the state and federal ambient air quality standards are intended to protect public health from both acute and long-term health impacts form pollutant exposure. Because Project-related short-term and long-term emissions of criteria pollutants would be below the applicable thresholds, the Project would not expose sensitive receptors to substantial pollutant concentrations.
Therefore, significant adverse impacts as a result of Project construction are not anticipated.
Long-term Operational Emissions
Long-term operation of the proposed Project includes only monthly worker for routine inspections and maintenance, which would be substantially similar to existing conditions. Therefore, regional emissions of criteria pollutants during operation of the Project would be anticipated to be below the applicable thresholds and would not contribute toward significant exposure to pollutants or incrementally to cumulatively significant pollutant levels and nonattainment of the ambient air quality standards. Therefore, significant adverse impacts to sensitive receptors as a result of substantial pollutant concentrations is not anticipated.
As a result, less than significant impacts are anticipated. No Mitigation Measures are needed.
d) Result in other emissions (such as those leading to odors) adversely affecting a substantial number of people? RESPONSE:
Less than Significant Impact.
Short-term Construction Emissions
Potential sources that may emit odors during construction activities include the application of materials such as asphalt pavement. The Project would not be a permanent source of odor emissions and the objectionable odors that may be produced during the construction process are short-term in nature; the odor emissions are expected to cease upon the drying or hardening of the odor-producing materials. Due to the short-term nature and limited amounts of odorproducing materials being utilized, no significant impact related to odors would occur during the construction of the proposed Project. Diesel exhaust and VOCs that would be emitted during construction of the Project, may be objectionable to some; however, emissions would disperse rapidly from the Project Site and therefore should not reach an objectionable level at the nearest sensitive receptors.
Long-term Operational Emissions
The proposed Project is the consolidation of Stanislaus Union School District (SUSD) service area (Water System No.
CA5000249) with the City of Modesto, through an extension of water and wastewater services. The proposed Project is neither a generator of odor emissions nor is it a sensitive receiver of existing odor emissions. Therefore, per the guidance FINAL INITIAL STUDY/ MITIGATED NEGATIVE DECLARATION SCH #2024121117 #8..
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identified in the SJVAPCD Guidance for Assessing and Mitigating Air Quality Impacts, no significant impact related to odors would occur during the on-going operations of the proposed Project.
As a result, less than significant impacts are anticipated from the proposed Project; no Mitigation Measures are needed.
MITIGATION MEASURE
MM AQ-01: Dust Control and Construction Emissions- Throughout Project construction the contractor shall implement appropriate dust control best management practices, such as regular sweeping of track-out areas, covered haul loads and covered stockpiles, as well as check equipment idling so that equipment that is not actively in use is not left idling more than 5 minutes.
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4. BIOLOGICAL RESOURCES
Issues
Potentially
Significant
Impact
Less than
Significant
Impact with
Mitigation
Incorporated
Less than
Significant
Impact No Impact
IV. BIOLOGICAL RESOURCES – Would the Project:
a) Have a substantial adverse effect, either directly
or through habitat modifications, on any species
identified as a candidate, sensitive, or special
status species in local or regional plans, policies,
or regulations, or by the California Department
of Fish and Game or U.S. Fish and Wildlife
Service?
b) Have a substantial adverse effect on any riparian
habitat or other sensitive natural community
identified in local or regional plans, policies,
regulations or by the California Department of
Fish and Game or U.S. Fish and Wildlife Service?
c) Have a substantial adverse effect on state or
federally protected wetlands (including, but not
limited to, marsh, vernal pool, coastal, etc.)
through direct removal, filling, hydrological
interruption, or other means?
d) Interfere substantially with the movement of
any native resident or migratory fish or wildlife
species or with established native resident or
migratory wildlife corridors, or impede the use
of native wildlife nursery sites?
e) Conflict with any local policies or ordinances
protecting biological resources, such as a tree
preservation policy or ordinance?
f) Conflict with the provisions of an adopted
Habitat Conservation Plan, Natural Community
Conservation Plan, or other approved local,
regional, or state habitat conservation plan
REGULATORY COMPLIANCE
Federal Endangered Species Act
The Endangered Species Act (ESA) was enacted in 1973 and establishes protections for fish, wildlife, and plants that are listed as threatened or endangered along with the ecosystems these species depend on (16 U.S.C. 1531-1544) (USFWS 2023). The U.S. Fish and Wildlife Service (USFWS) and National Marine Fisheries Services (NMFS) share the responsibility for implementing the ESA. Generally, USFSW oversees terrestrial and freshwater species, while the NMFS manages marine and anadromous species. USFWS was consulted regarding federally listed species and Critical Habitat occurring within proximity with the Project. Correspondence from USFWS dated October 8, 2024, can be found in Appendix B and includes Information for Planning and Consultation with USFW (IPaC) regarding biological resources under jurisdiction of USFWS, threatened, endangered, proposed and candidate species and critical habitat, that may be affected by the proposed Project. The species list fulfills the requirements of the U.S. Fish and Wildlife Service (Service) under section 7(c) of the Endangered Species Act (Act) of 1973, as amended (16 U.S.C. 1531 et seq.) and has been incorporated into Table 10: Potentially Occurring Sensitive Biological Resources.
Migratory Bird Treaty Act
The Migratory Bird Treaty Act (MBTA) of 1918 establishes a conservation treaty intended to promote the sustainability of populations of protected migratory bird species. The MBTA prohibits killing, capture, selling, trading, and transport of protected migratory bird species without prior authorization by the Department of Interior U.S. Fish and Wildlife (USFWS 2023). In addition, the MBTA makes it unlawful to remove nests, eggs, and feathers from any of the species protected under the act.
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Migratory bird species that are protected by law depend on the bird family and species included in the four international treaties (Canada in 1916; Mexico in 1936; Japan in 1972; Russia in 1976). This list can be found under Title 50 Part 10.13 (10.13 list), which was last updated in 2020 to incorporate current scientific information on taxonomy and natural distribution. The MBTA applies to almost all avian species that are native to California. A migratory bird species is included on the list if it meets on one more of the following criteria:
1. It occurs in the United States or U.S. territories as the result of natural biological or ecological processes and is currently, or was previously listed as, a species or part of a family protected by one of the four international treaties or their amendments.
2. Revised taxonomy results in it being newly split from a species that was previously on the list, and the new species occurs in the United States or U.S. territories as the result of natural biological or ecological processes.
3. New evidence exists for its natural occurrence in the United States or U.S. territories resulting from natural distributional changes and the species occurs in a protected family.
The Migratory Bird Treaty Reform Act amends the MBTA so that nonnative birds or birds that have been introduced by humans to the United States or its territories are excluded from protection under the MBTA.
California Fish and Game Code
The California Fish and Game Code is composed of various statues that aid in the protection of biological resources, including Native Plant Protection Act (NPPA) of 1977 and the California Endangered Species Act (CESA) (California Fish and Game Code Sections 2050-2098). The NPPA designated plants as rare or endangered and prohibits the take of any such plants, unless authorized in limited circumstances by the Fish and Game Commission. CESA prohibits public agencies from approving projects that could jeopardize species listed under CESA as engendered or threatened.
In addition, California Fish and Game Code protects native and migratory birds including nests and eggs in addition to protecting various mammals (Section 4700), amphibians (Section 5050), and fish species (Section 5515). For this reason, California Fish and Game Code requires that California Department of Fish and Wildlife be notified of lake or streambed alteration activities. If activities are determined to adversely affect existing fish and wildlife resources by CDFW, a streambed alteration agreement must be authorized to ensure the protection of biological resources and water quality.
Stanislaus County General Plan
The Conservation/Open Space Element of the Stanislaus County General Plan is a framework designed to safeguard and manage the natural resources and open spaces located within the County. It encompasses the identification and mapping of key natural resources, including wildlife habitats, water bodies, and agricultural lands. The plan outlines strategies for sustainable resource management, prioritizing environmental protection with policies to maintain water and air quality and control pollution. A significant focus is placed on preserving open spaces for ecological values, including zoning regulations that support conservation and designating areas specifically for this purpose. Additionally, the plan emphasizes public access to these spaces to ensure sustainability and recreational opportunities and ongoing monitoring and adaptive management to address evolving environmental challenges.
City of Modesto General Plan
There are eight (8) habitat types identified within the City’s plan area: Valley Foothill Riparian, Riverine, Fresh Emergent Wetland and Vernal Pool, Grassland, Pasture, Cropland, Orchard-Vinyard, and Urban. Most of these are associated with the Stanislaus River. The most applicable habitat types to the Project are Cropland, Orchard-Vineyard, and Urban, which have the capacity to provide habitat for nesting, foraging and dispersal of species of rodents, birds, raptors, and deer that have adapted to urban and disturbed environments. The City of Modesto General Plan requires biological assessments of development to determine impacts and appropriate mitigation measures for biological resources within the boundaries of its plan area. The Project is consistent with the General Plan and Water Master Plan regarding the permanent location and size of the water mains within the arterial streets where the Project will be implemented and would not require substantive changes from existing city operations and maintenance of the water system. For this reason, the discussion in this section focuses on temporary, short-term construction impacts.
DISCUSSION
The responses within this section are based on the Biological Resources Assessment for the “Proposed Stanislaus Elementary School Waterline Improvements Project” conducted by ELMT Consulting dated December 11th, 2023, and revised on October FINAL INITIAL STUDY/ MITIGATED NEGATIVE DECLARATION SCH #2024121117 #8..
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5, 2024 (Appendix B). The report includes a field habitat assessment conducted on December 5th, 2023, by Project Biologist Jacob H. Llyod Davies, to document baseline conditions and assess the potential for special-status8 plant and wildlife species to occur within the proposed Project Location that could pose a constraint to implementation of the Project. Standard field guides and texts were reviewed for specific habitat requirements of special-status and non-special-status biological resources, as well as the following resources:
- Google Earth Pro historic aerial imagery (1985-2023); - United States Department of Agriculture (USDA) Natural Resource Conservation Service (NRCS), Soil Survey3; - query of the CDFW’s QuickView Tool in the Biogeographic Information and Observation System (BIOS); - CNDDB Rarefind 5, the California Native Plant Society’s (CNPS) Electronic - Inventory of Rare and Endangered Vascular Plants of California, Calflora Database, - Compendia of special-status species published by CDFW; - the United States Fish and Wildlife Service (USFWS) species listings; - USFWS Critical Habitat designations for Threatened and Endangered Species; and - USFWS Endangered Species Profiles.
a) Have a substantial adverse effect, either directly or through habitat modifications, on any species identifiedas a candidate, sensitive, or special status species in local or regional plans, policies, or regulations, or by the California Department of Fish and Game or U.S. Fish and Wildlife Service? RESPONSE:
Less than Significant with Mitigation Incorporated. Based on the literature review of the California Natural Diversity Database (CNDDB) and California Native Plant Society’s (CPNS) Electronic Inventory, there are no areas within proximity of the Project with habitat that has been designated for conservation or regulatory protections; furthermore, no specialstatus plant species or special-status plant communities are recorded within the Salida quadrangle where the Project is located. The Project is proposed within existing paved right-of-way and based on a field survey and database review of the areas surrounding the Project have no habitat under conservation due to association with candidate, sensitive or special status species that have been identified pursuant to local or regional plans, policies or regulations pertaining to the Project location. According to the Stanislaus County General Plan and the City of Modesto General Plan, the closest sensitive habitat is north and upstream from the Project along the Stanislaus River. The Project will implement BMPs to eliminate off-site/indirect impacts on Riparian and Riverine habitats and will have no potential to impact these areas.
Project implementation will not result in either direct or indirect impacts to habitat that is identified as sensitive or associated with candidate, sensitive or special status species in local or regional plans or by CDFW or USFWS. The Project is not located within federally designated Critical Habitat. The nearest Critical Habitat designation is located approximately 7 miles to the southeast for conservancy fairy shrimp (Branchinecta conservation) associated with vernal pools and will not be impacted by the Project.
Due to the location of the Project within mapped agricultural, Orchard and Cropland, preliminary research identified nineteen (24) special-status wildlife species, as having potential to occur within proximity of the Project, within the Salida USGS 7.5-minute quadrangle. (See Table 10: Potentially Occurring Sensitive Biological Resources). Areas that are adjacent to the Project have the potential to support threatened, endangered, proposed and candidate species pursuant to Section 7(C) of the Endangered Species Act of 1973 and the MBTA.
The Status of wildlife species at the Project Location is described in the following paragraphs:
8 As used in this report, “special-status” refers to plant and wildlife species that are federally and State listed, proposed, or candidates; plant species that have been designated with a California Native Plant Society Rare Plant Rank; wildlife species that are designated by the CDFW as fully protected, species of special concern, or watch list species; and specially protected natural vegetation communities as designated by the CDFW.
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Fish, Amphibians, Reptiles
No fish, amphibians, reptiles, or hydrogeomorphic features (e.g., perennial creeks, ponds, lakes, reservoirs) that would provide suitable habitat for fish were observed on or within the vicinity of the site during field surveys. Therefore, no fish are expected to occur and are presumed absent.
Birds
Bird species, which are adapted to Urban, Cropland, and Orchards were detected during the field investigation and include Cooper’s hawk (Accipiter cooperii), California scrub-jay (Aphelocoma california), red-tailed hawk (Buteo jamaicensis), killdeer (Charadrius vociferans), yellow-rumped warbler (Setophaga coronate), European starling (Sturnus vulgaris), and white-crowned sparrow (Zonotrichia leucophrys). Cooper’s hawk is a special-status wildlife species listed on the California Watch List that was observed foraging near the Project location during the field survey, although not included in the research results of the CNDDB Salida quadrangle as potentially occurring at the Project Site. Research for the Project indicates Swainson’s hawk may occur in this area; however, it was not observed during the field survey.
The Swainson’s hawk (Buteo swainsoni) is listed as a California state threatened species under the California Endangered Species Act. While perching opportunities are present along the existing roadways, no suitable foraging or nesting habitat is present for these species where active construction or staging for the Project will occur. Suitable foraging and nesting habitat occurs within the active agricultural lands and ornamental landscaping in the surrounding area; Fish and Game Code sections 3503, 3503.5, 3515, 4150 and 4152 are applicable to the Project and mitigation measures are proposed to prevent take and provide protection to nongame birds, migratory birds, birds of prey, their nests, and eggs that may be in areas that are adjacent to the Project. Due to the likelihood of nesting birds and birds of prey adjacent the Project area, all future potential activities that may incur a direct or indirect take to nongame birds within proximity must be implemented for avoidance, minimization, and/or mitigation of potentially significant impacts. Therefore, Mitigation Measure MM BIO-01: Pre-construction Bird and Wildlife Clearance Surveys, Training, Monitoring, and Inspections includes preconstruction surveys, daily site inspections, and monitoring if needed. In addition, MM BIO-02: Swainson’s hawk requires preconstruction surveys consistent CDFW accepted protocol for Swainson’s hawk. Proposed areas of disturbance for construction within paved and developed areas, would not result in direct significant impacts consisting of the removal of foraging or nesting habitat for local avian species beyond perching opportunities.
Surrounding agriculture and ornamental landscaping provide viable nesting habitat for year-round and seasonal avian residents, as well as migrating songbirds that could occur in the area that are adapted to routine disturbance. In addition, suitable nesting opportunities for raptors occur throughout adjacent areas, and disturbed land surrounding the site has the potential to provide suitable nesting opportunities for ground-nesting species such as killdeer, which was observed in adjacent to the Project Location. Nesting birds and some raptors are protected pursuant to the Migratory Bird Treaty Act (MBTA) and California Fish and Game Code (Sections 3503, 3503.5, 3511, and 3513) which prohibit the take, possession, or destruction of migratory birds, their nests, or eggs. California Fish and Game Codes protects the nests of any bird. Construction within proximity of active nests, is a potentially significant impact of the Project. Therefore, Mitigation Measures MM BIO-01 Pre-construction Bird and Wildlife Clearance Surveys, Monitoring, and Inspections and MM BIO-02 Swainson’s hawk will be conducted by the City’s Biologist. Pre-construction surveys will be provided (15) fifteen and (3) three days prior to any vegetation removal or ground disturbing activities to ensure that no nesting birds or raptors will be disturbed during construction t
. Implementation of MM BIO-01 Pre-construction Bird and Wildlife Clearance Surveys, Monitoring, and Inspections and MM BIO-02 Swainson’s hawk will reduce potentially significant impacts to less than significance.
Mammals
The Project is proposed within developed right-of-way and will not directly change foraging or cover habitat for local mammalian species; however, mammals may utilize agriculture and landscaped areas for foraging in adjacent areas, which may be temporarily and indirectly impacted by noise and increased activity from Project construction. Trash generated during construction may attract mammals that are accustom to high levels of human activity. Likewise, staging, stockpiles and temporary trenches could contribute to entrapment if not properly secured. No mammalian species were detected during the field investigation. Common mammalian species that may be expected to occur include coyote (Canis latrans), opossum (Didelphis virginiana), and raccoon (Procyon lotor). In addition, local bat species such as western red bat (Lasiurus frantzii) that are adapted to routine disturbance may utilize surrounding agriculture and ornamental landscaping for roosting purposes. Project impacts are less than significant with the implementation of Mitigation Measure MM BIO-01: Pre-construction Bird and Wildlife Clearance Surveys, Training, Monitoring, and Inspections, which will require daily routine inspections by the contractor and handling by the City’s biologist should wildlife be encountered during construction.
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TABLE 10: POTENTIALLY OCCURRING SENSITIVE BIOLOGICAL RESOURCES Scientific Name
Common Name
Status Habitat Observed
On-Site
Potential to Occur
Acipenser
medirostris pop.
1 green sturgeonsouthern DPS
Fed: THR
CA: None
San Joaquin and Delta River systems. Spawn primarily in the upper mainstem of the Sacramento River but can also be
found spawning in the Yuba and Feather Rivers. Remain in freshwater for a few years, then migrate to saltwater to feed, grow, and mature. Adults enter San Francisco Bay
between mid-February and early May and migrate
upstream to spawn. Congregate in bays and estuaries in
Washington, Oregon, and California in the summer and fall, and northern Vancouver Island, B.C. in the winter and
spring.
No Presumed Absent.
There is no suitable
habitat present within
or adjacent to the
Project Location.
Actinemys
marmorata
Northwestern
pond turtle
Fed:
Proposed
THR
CA: None
Inhabits a variety of aquatic environments, primarily in the western United States and northern Baja California,
Mexico.
Their preferred habitats include slow-moving freshwater bodies such as ponds, lakes, marshes, and streams with
abundant vegetation and basking sites. These turtles are often found in areas with muddy or sandy bottoms, where aquatic plants thrive, providing both food and cover. They rely on open, sunny spots for basking to regulate their body temperature but also need nearby hiding places like logs, overhanging banks, or dense vegetation for protection
from predators. Terrestrial environments near water are equally important for nesting and overwintering, as females lay their eggs in well-drained, open soil away from aquatic habitats. This species thrives in areas with a balance of aquatic and terrestrial features.
No Presumed Absent.
There is no suitable
habitat present within
or adjacent to the
Project Location.
Agelaius tricolor
tricolored
blackbird
Fed:
None
CA: THR;
SSC
Range is limited to the coastal areas of the Pacific coast of North America, from Northern California to upper Baja
California. Can be found in a wide variety of habitat
including annual grasslands, wet and dry vernal pools and other seasonal wetlands, agricultural fields, cattle feedlots, and dairies. Occasionally forage in riparian scrub habitats along marsh borders. Basic habitat requirements for
breeding include open accessible water, protected nesting substrate (freshwater marsh dominated by cattails, willows, and bulrushes [Schoenoplectus sp.]), and either flooded or thorny or spiny vegetation and suitable foraging space
providing adequate insect prey
No Presumed Absent.
There is no suitable
habitat present within
or adjacent to the
Project Location.
Ambystoma
californiense
pop. 1 California
tiger
salamandercentral
California DPS
Fed: THR
CA: THR;
WL
Can be found in annual grasslands and oak woodlands
with hot, dry summers and cool, rainy winters. Reside
underground throughout most of the year in abandoned
small mammal burrows. Require ephemeral pools for
breeding.
No Presumed Absent.
There is no suitable
habitat present within
or adjacent to the
Project Location.
Bombus
caliginosus
obscure bumble
bee
Fed:
None
CA: None
Colonial species found along the western coast between
British Columbia, Canada, and California. Inhabits native grasslands, coastal scrub, and open woodland with high
flowering plant diversity and successional flower
availability. This species typically nests underground, often utilizing abandoned rodent burrows, and prefers welldrained soils that are easy to excavate for nesting.
No Presumed Absent.
There is no suitable
habitat present within
or adjacent to the
Project Location.
Bombus crotchii
Crotch bumble
bee
Fed:
None CA:
CE
Colonial species that lives almost exclusively from coastal California east towards the Sierra-Cascade Crest and can be found uncommonly in western Nevada and south
No Presumed Absent.
There is no suitable
habitat present within
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Scientific Name
Common Name
Status Habitat Observed
On-Site
Potential to Occur
through Baja California. Inhabits grassland and scrub
habitats in hotter and drier climates than most other
bumblebee species and is only capable of tolerating a
narrow range of climatic conditions. This species usually nests underground, often in abandoned rodent dens
or adjacent to the
Project Location.
Bombus
pensylvanicus
American
bumble bee
Fed:
None
CA: None
Prefers farmlands, meadows, grasslands, and open fields.
Nests below grass or underground. Feeds on pollen of a
wide variety of flowering plants including vetches, clovers, goldenrods, and many crop species.
No Presumed Absent.
There is no suitable
habitat present within
or adjacent to the
Project Location.
Branchinecta
lynchi
Vernal pool fairy
shrimp
Fed: THR
CA: None
Associated with vernal pools. Can be found in association with other ephemeral habits including alkali pools,
seasonal drainages, stock ponds, vernal swales, and rock outcrops.
No Presumed Absent.
There is no suitable
habitat present within
or adjacent to the
Project Location.
Buteo swainsoni
Swainson’s hawk
Fed:
None CA:
THR
Typical habitat is open desert, grassland, or cropland
containing scattered, large trees or small groves. Breeds in stands with few trees in juniper-sage flats, riparian areas, and in oak savannah in the Central Valley. Forages in
adjacent grassland or suitable grain or alfalfa fields or livestock pastures.
No Low. Suitable perching
opportunities are
present within the
Project Location and
suitable foraging
habitat is present in
the surrounding area.
No suitable nesting
opportunities are
present. This species is
only expected to occur
on-site incidentally
while foraging nearby.
Danaus
plexippus
Monarch
butterfly
Fed:
Candidate
CA: None
Wide range of habitats due to its migratory nature.
Monarchs are found in open fields, meadows, prairies, and along roadsides where milkweed plants grow, which are
crucial for egg-laying and caterpillar development. In their summer breeding grounds, they prefer areas rich in
nectar-producing flowers, such as wildflowers, and warm climates that support their growth. During migration,
monarchs often stop in coastal areas, forests, and urban gardens. Their overwintering habitat, however, is more
specialized: in North America, they gather in dense fir and pine forests in the mountains of central Mexico, seeking cool, humid microclimates that help them conserve
energy. These diverse habitats, both in breeding and
overwintering, are vital to the monarch's survival.
No Presumed Absent.
There is no suitable
habitat present within
or adjacent to the
Project Location.
Desmocerus
californicus
dimorphus
valley elderberry
longhorn beetle
Fed: THR
CA: None
Found only within the valley floor and lower foothill region within riparian and foothill oak communities in the Central Valley, of California. Dependent on elderberry as host
plant.
No Presumed Absent.
There is no suitable
habitat present within
or adjacent to the
Project Location.
Entosphenus
tridentatus
pacific lamprey
Fed:
None CA:
SSC
Spend most of their lives in freshwater streams before
entering the ocean as adults. Young lamprey burrow in
muddy bottoms of backwater pools and eddies. Spawn in
medium and large-sized, low-gradient rivers and streams.
No Presumed Absent.
There is no suitable
habitat present within
or adjacent to the
Project Location.
Hysterocarpus
traskii traskii
Sacramento-San
Joaquin tule
perch
Fed:
None
CA: None
Found in deep waters of low-elevation lakes, streams, and estuarine environments. Require cool, well-oxygenated
water. Occupy deep pools with complex vegetative cover.
No Presumed Absent.
There is no suitable
habitat present within
or adjacent to the
Project Location.
Lavinia
exilicauda
Fed:
None
Inhabits warm, lowland waters, including clear streams, turbid sloughs, lakes, and reservoirs. Generally found in No Presumed Absent.
There is no suitable
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Scientific Name
Common Name
Status Habitat Observed
On-Site
Potential to Occur
exilicauda
Sacramento
hitch
CA: SSC pools or runs among aquatic vegetation associated with streams.
habitat present within
or adjacent to the
Project Location.
Lepidurus
packardi
Vernal pool
tadpole shrimp
Fed: END
CA: SSC
Is an aquatic crustacean that inhabits temporary
freshwater environments, particularly seasonal vernal
pools in California's Central Valley. These pools form
during the rainy season and are characterized by shallow, ephemeral water bodies that dry up during the warmer
months. Tadpole shrimp are well-adapted to these
unpredictable conditions, thriving in pools with muddy or clay-rich substrates. They rely on the short-lived nature of these pools, which limits predation by fish and other
aquatic predators. The species is typically found in areas where the pools have little to no vegetation, though algae and microorganisms serve as their primary food sources.
No Presumed Absent.
There is no suitable
habitat present within
or adjacent to the
Project Location.
Lytta moesta
moestan blister
beetle
Fed:
None
CA: None
General habitat appears to be grasslands and vernal pools, but details are lacking. Adults are thought to feed primarily on legumes in the genera Lupinus and Trifolium but have also been documented feeding on non-native Erodium
species. Juveniles are thought to parasitize solitary bee species.
No Presumed Absent.
There is no suitable
habitat present within
or adjacent to the
Project Location.
Mustela frenata
xanthogenys San
Joaquin longtailed weasel
Fed:
None
CA: None
Occurs in woodlands, thickets, and open areas such as
farmland, usually near a water source. Uses abandoned
mammal burrows to den, preferably under stumps or
beneath rock piles.
No Presumed Absent.
There is no suitable
habitat present within
or adjacent to the
Project Location.
Mylopharodon
conocephalus
hardhead
Fed:
None
CA: SSC
Found at low to mid-elevations in relatively undisturbed large stream habitat with high water clarity. Limited to well-oxygenated streams and reservoir surface waters.
Common in small aggregations in pools and runs during
the day. Primarily bottomfeed but can feed on drifting
material and insects at the water’s surface.
No Presumed Absent.
There is no suitable
habitat present within
or adjacent to the
Project Location.
Oncorhynchus
mykiss irideus
pop. 11
steelhead –
central valley
DPS
Fed:
None
CA: SSC
Occurs primarily in tailwaters of dammed rivers,
undammed creeks and four hatchery-supported systems
of Battle Creek, and the Feather, American, and
Mokelumne Rivers.
No Presumed Absent.
There is no suitable
habitat present within
or adjacent to the
Project Location.
Oncorhynchus
tshawytscha
pop. 13 Chinook
salmon-central
valley fall/late
fall-run ESU
Fed:
None
CA: SSC
Spend early life growing and feeding in freshwater
streams, estuaries, and associated wetlands. Adults live in coastal oceanic areas. This population includes naturally spawned spring-run individuals, originating from the
Sacramento River and its tributaries, as well as the Feather River Hatchery program.
No Presumed Absent.
There is no suitable
habitat present within
or adjacent to the
Project Location.
Phrynosoma
blainvillii coast
horned lizard
Fed:
None
CA: SSC
Occurs in a wide variety of vegetation types including
coastal sage scrub, annual grassland, chaparral, oak
woodland, riparian woodland and coniferous forest. In
inland areas, this species is restricted to areas with
pockets of open microhabitat, created by disturbance (i.e. fire, floods, roads, grazing, fire breaks). The key elements of such habitats are loose, fine soils with a high sand fraction; an abundance of native ants or other insects; and open areas with limited overstory for basking and low, but relatively dense shrubs for refuge.
No Presumed Absent.
There is no suitable
habitat present within
or adjacent to the
Project Location.
Pogonichthys
macrolepidotus
Sacramento
splittail
Fed:
None
CA: SSC
Primarily inhabits slow-moving or still waters, such as lakes, large rivers, and reservoirs. Dense aquatic
vegetation is required to provide shelter, breeding
grounds, and forage. Capable of tolerating a range of
turbidity and temperature variations, but prefer clearer, No Presumed Absent.
There is no suitable
habitat present within
or adjacent to the
Project Location.
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Scientific Name
Common Name
Status Habitat Observed
On-Site
Potential to Occur
warmer waters. Often found in deeper waters with
substrates composed of mud, sand, or gravel.
Rhaphiomidas
trochilus San
Joaquin Valley
giant flowerloving fly
Fed:
None
CA: None
Inhabits arid or semi-arid environments such as deserts and scrublands characterized by low vegetation and open spaces. Adapted to high temperatures and low humidity.
Presumed to be a generalist nectivore preferring large, brightly colored flowers. Larvae likely develop in sandy soils.
No Presumed Absent.
There is no suitable
habitat present within
or adjacent to the
Project Location.
Spea hammondii
Western
spadefoot
Fed:
Proposed
THR
CA: SSC
Prefers open areas with sandy or gravelly soils, in a variety of habitats including mixed woodlands, grasslands, coastal sage scrub, chaparral, sandy washed, lowlands, river
floodplains, alluvial fans, playas, alkali flats, foothills, and mountains. Rainpools which do not contain bullfrogs, fish, or crayfish are necessary for breeding.
No Presumed Absent.
There is no suitable
habitat present within
or adjacent to the
Project Location.
Source: (ELMT, 2023). See Appendix B
Notes:
U.S. Fish and Wildlife
Service (Fed) -
Federal
END- Federal
Endangered
THR- Federal
Threatened
California Department of Fish and Wildlife (CA) -
California
END- California Endangered
THR- California Threatened
Candidate- Candidate for listing
under the California
Endangered Species Act
FP- California Fully Protected
SSC- Species of Special Concern
WL- Watch List
California Native Plant Society
(CNPS)
California Rare Plant Rank
1B Plants Rare, Threatened, or
Endangered in California and
Elsewhere
2B Plants Rare, Threatened, or
Endangered in California, But More
Common Elsewhere
3 Plants About Which More
Information is Needed – A Review
List
4 Plants of Limited Distribution – A
Watch List
CNPS Threat Ranks
0.1- Seriously threatened in
California
0.2- Moderately threatened in
California
0.3- Not very threatened in
California
b) Have a substantial adverse effect on any riparian habitat or othersensitive natural community identified in local or regional plans, policies, regulations or by the California Department of Fish and Game or U.S. Fish and Wildlife Service? RESPONSE:
Less Than Significant Impact. Upon the review of USFWS NWI and USGS National Hydrology, one (1) riverine resource within proximity of the Project was mapped as occurring roughly adjacent to the north of a portion of Kiernan Avenue near the location where the Project will be implemented; however, this feature occurs outside of the limits of disturbance for construction and mitigation measures MM HYDRO-01: Local SWPPP and MM HYDRO-02: Stormwater BMPs Throughout Project Construction. will be implemented to eliminate erosion and water quality impacts outside of active construction and staging areas. No impacts to this feature will occur. In addition, several blueline streams and riverine resources are also mapped in the surrounding area, all of which correlate to a network of canals that support irrigation for local agriculture.
No impacts are anticipated to occur to riparian habitat or other sensitive natural communities in local or regional plans, policies, regulations or by the California Department of Fish Game or U.S. Fish and Wildlife Service. Chapter 15 of the City of Modesto’s Municipal Code requires compliance with the Clean Water Act through water quality management and erosion control for all construction. The contractor will be required to implement a Local Storm Water Pollution Prevention Plan including BMPs throughout construction to reduce impacts on riparian habitat and other sensitive offsite and downstream resources. The long-term operation and maintenance of the Project will not result in substantive changes to the existing maintenance currently implemented by the city. Therefore, significant impacts will not result from Project implementation.
c) Have a substantial adverse effect on state or federally protected wetlands (including, but not limited to, marsh, vernal pool, coastal, etc.) through direct removal, filling, hydrological interruption, or other means? RESPONSE:
No Impact. No jurisdictional drainage and/or wetland features were found where the Project will be constructed.
According to field investigation and review of USFWS National Wetland Inventory (NWI) and Environmental Protection Agency (EPA) Water Program “My Waters” data layers for the Project, in addition to one (1) riverine resource mapped of Kiernan Avenue, there are several blueline streams and riverine resources are also mapped in the Local Vicinity, all of FINAL INITIAL STUDY/ MITIGATED NEGATIVE DECLARATION SCH #2024121117 #8..
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which correlate to a network of canals that support irrigation for local agriculture. Since the City of Modesto requires implementation of a Local SWPPP, no impacts to Corps, Regional Board, or CDFW jurisdictional features will occur due to project implementation. Regulatory approvals will not be required, and no further surveys are recommended for jurisdictional delineation of state or federally protected wetlands.
As a result, no impacts are anticipated; therefore, no Mitigation Measures are needed.
d) Interfere substantially with the movement of any native resident or migratory fish or wildlife species or with established native resident or migratory wildlife corridors, or impede the use of native wildlife nursery sites? RESPONSE:
No Impact. The proposed Project has not been mapped as occurring within any recognized wildlife corridor or linkage.
According to CDFW, the nearest mapped wildlife corridor to the site occurs approximately 1.75 miles to the north and upstream within and along the Stanislaus River, beyond existing development and active agriculture. No impacts to any mapped wildlife corridors will occur from Project implementation. The site does occur in proximity to a variety of land uses that provide movement and stopover opportunities for local wildlife; Project activities will be confined to developed land and will implement mitigation measures MM BIO-01: Pre-construction Bird and Wildlife Clearance Surveys, Training, Monitoring, and Inspections, therefore less than significant impacts to suitable migratory or stopover habitat are expected to occur.
No Mitigation Measures are needed.
e) Conflict with any local policies or ordinancesprotecting biological resources, such as a tree preservation policy or ordinance?
RESPONSE:
No Impact. The proposed Project does not anticipate the removal of trees due to Project activities. Therefore, conflicts with local tree preservation policies or ordinances are not anticipated. Therefore, no impacts are anticipated. No Mitigation Measures are needed.
f) Conflict with the provisions of an adopted Habitat Conservation Plan, Natural Community Conservation Plan, or other approved local, regional, or state habitat conservation plan? RESPONSE:
No Impact. The Project Alignment does not occur within or adjacent to any areas designated for conservation. Therefore, project implementation will not result in impacts to areas covered under the Conservation/Open Space Element of the Stanislaus County General Plan.
MITIGATION MEASURE
MM BIO-01: Pre-construction Bird and Wildlife Clearance Surveys, Training, Monitoring, and Inspections a) Migratory Birds and Birds of Prey Survey and Report: Pre-construction clearance surveys shall be conducted fifteen (15) days and three (3) days prior to construction, for nesting migratory birds, raptors, and birds of prey, by the City’s Qualified Biologist. A negative survey report from the City’s Qualified Biologist shall be on file with the City prior to the start of any vegetation removal or ground disturbing activities so that no nesting birds, including birds of prey or raptors, will be disturbed during construction. The City’s Biologist conducting the clearance survey should document a negative survey with a brief letter report indicating that no impacts to active avian nests will occur and copies of the report kept on file in the construction management office for the Project and at City Hall. If there is a lapse in construction longer than 7 days, pre-construction surveys and reports shall be repeated by the City’s Qualified Biologist and kept on file with the City and construction management office. b) Crew Training: Crew training shall be provided by the City’s Qualified Biologist prior to construction to inform construction staff of the types of birds and wildlife that may be encountered during construction and the appropriate next steps that should be taken to avoid take. c) Active Nests: If an active avian nest is discovered, construction activities should stay outside of a no-disturbance buffer established by the City’s Qualified Biologist. The size of the no-disturbance buffer will be determined by the City’s Qualified Biologist and will depend on the level of noise and/or surrounding anthropogenic disturbances, line of sight between the nest and the construction activity, type and duration of construction activity, ambient noise, FINAL INITIAL STUDY/ MITIGATED NEGATIVE DECLARATION SCH #2024121117 #8..
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species habituation, and topographical barriers. These factors will be evaluated on a case-by-case basis when developing buffer distances. Limits of construction to avoid an active nest will be established and installed by the City’s Qualified Biologist in the field with flagging, fencing, or other appropriate barriers; and construction personnel will be instructed on the sensitivity of nest areas.
d) Monitoring and Inspections: The contractor shall inspect construction and materials staging/stockpiles daily at the start and end of each day for wildlife and verify that storage areas are covered and secured, and that debris/refuse is removed from the job site daily. If wildlife is encountered within construction and staging areas, the contractor shall immediately contact the City’s Qualified Biologist to determine and implement appropriate handling, establishment of a buffer, and next steps for passive relocation and entrapment prevention. A biological monitor should be present to delineate the boundaries of buffer areas and to monitor any type of wildlife present near construction so that active nests, protected species, and nesting behavior are not adversely affected by the construction activity. Once the young have fledged and left the nest, or the nest otherwise becomes inactive or wildlife is protected under natural conditions, construction activities within the buffer area can occur. If wildlife is encountered within construction areas or within buffers, the City’s Qualified Biologist shall be immediately notified to determine and implement the appropriate next steps.
MM BIO-02: Swainson’s hawk:
a) Swainson’s hawk: Prior to start of construction, a preconstruction Swainson’s Hawk survey shall be conducted within a minimum of a half-mile radius around the Project in accordance with the five-period schedule, provided by the Swanson’s Hawk Technical Advisory Committee, as follows:
• January to March 20- One (1) Survey, All Day
• March 20 to April 5- Three (3) Surveys, Sunrise to 1000 / 1600 to Sunset • April 5 to April 20- Three (3) Surveys, Sunrise to 1200 / 1630 to Sunset • April 21 to June 10- Monitoring
• June 10 to July 30- Three (3) Surveys, Sunrise to 1200 / 1600 to Sunset b) Swainson’s hawkNests: If an occupied nest of the SWHA is found and may be impacted by construction, the City’s Biologist should consult with CDFW and demonstrate compliance with CESA. In addition, the City’s Biologist shall establish an adequate buffer between construction activities and the active nests that will prevent disruption of the nests until the young have fledged the nests.
5. CULTURAL RESOURCES
Issues
Potentially
Significant
Impact
Less than
Significant
Impact with
Mitigation
Incorporated
Less than
Significant
Impact No Impact
V. CULTURAL RESOURCES. Would the Project:
a) Cause a substantial adverse change in the
significance of a historical resource pursuant to
§ 15064.5?
b) Cause a substantial adverse change in the
significance of an archaeological resource
pursuant to § 15064.5?
c) Disturb any human remains, including those
interred outside of dedicated cemeteries?
REGULATORY COMPLIANCE
California Public Resources Code 15064.5
The following regulations are applicable to cultural resources that could be found at the Project location:
California Code of Regulations Title 14 Subsection 15064.5 generally defines historically significant cultural resources as any object, building, structure, site, area, place, record, or manuscript which is:
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x A resource listed or eligible for listing by the State Historical Resources Commission, for listing in the California Register of Historical Resources (CRHR)
x A resource included in a local register of historical resources, as defined in section 5020.1(k) of the Public Resources Code, or identified as significant in an historical resource survey meeting the requirements section 5024.1(g), (listed as historical by local ordinance)
x A resource a lead agency determines to be historically significant.
California Code of Regulations §15064.5 relating to historical resources pertains to environmental changes impacting any object, building, structure, site, area, place, record, or manuscript associated with:
x Events that have made a significant contribution to the broad patterns of California's history and cultural heritage. x The lives of persons important in our past.
x The distinctive characteristics of a type, period, region, or method of construction, or represents the work of an important creative individual, or possesses high artistic values. x Resources which have yielded, or may be likely yield, information important in prehistory or history.
Properties that are listed in or eligible for listing in the National Register of Historic Places pursuant to Section 106 of the National Historic Preservation Act are considered eligible for listing in the CRHR and thus are significant historical resources for the purpose of CEQA (PRC Section 5024.1(d)(1)).
Section 106 of the National Historic Preservation Act
The NHPA establishes the federal government policy on historic preservation and the programs, including the National Register, through which this policy is implemented. Under the NHPA, significant cultural resources (referred to as historic properties) include any prehistoric or historic district, site, building, structure, or object included in, or determined eligible for inclusion in, the National Register. Historic properties also include resources determined to be National Historic Landmarks. National Historic Landmarks are nationally significant historic places designated by the Secretary of the Interior because they possess exceptional value or quality in illustrating or interpreting United States heritage. A property is considered historically significant if it meets one of the National Register criteria and retains sufficient historic integrity to convey its significance. This act also established the Advisory Council on Historic Preservation, an independent agency responsible for implementing Section 106 of NHPA by developing procedures to protect cultural resources included in, or eligible for inclusion in, the National Register.
Eligibility for the National Register rests on two factors: significance and integrity. In order to be eligible for inclusion in the National Register, a property must meet one or more of the significance criteria listed below (36 C.F.R. § 60.4) and retain integrity:
- Criterion A—Association with “events that have made a significant contribution to the broad patterns of our history.”
- Criterion B—Association with “the lives of persons significant in our past.” - Criterion C—Resources “that embody the distinctive characteristics of a type, period, or method of construction, or that represent the work of a master, or that possess high artistic values, or that represent a significant and distinguishable entity whose components may lack individual distinction.” - Criterion D—Resources “that have yielded, or may be likely to yield, information important to history or prehistory.” In addition to being significant under one or more of these criteria, National Register eligibility (as well as California Register of Historical Resources requires that a resource retain sufficient integrity to convey its significance. Integrity is evaluated through consideration of characteristics that existed during a resource’s period of significance. Integrity is evaluated with regard to the retention of seven elements:
- Location—The place where the resource was constructed - Design—The combination of elements that create the form, plans, space, structure, and style of the resource - Setting—The physical environment of the resource, including the landscape and spatial relationship of the buildings - Materials—The physical elements that were combined or deposited during a particular period of time and in a particular pattern of configuration to form the resource - Workmanship—The physical evidence of the crafts of a particular culture or people during any given period of history
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CEQA Section 21083.2
CEQA Section 21083.2 requires that the CEQA Lead Agency determine whether a project may have a significant effect on unique archaeological resources. A unique archaeological resource is defined in as an archaeological artifact, object, or site about which it can be clearly demonstrated that there is a high probability that it:
x Contains information needed to answer important scientific research questions, and there is demonstrable public interest in that information;
x Has a special or particular quality, such as being the oldest of its type or the best available example of its type; or x Is directly associated with a scientifically recognized important prehistoric or historic event or person.
California Health and Safety Code Section 8100
Section 8100 of the California Health and Safety Code defines a cemetery as six or more human burials at one location.
Disturbance of Native American cemeteries is a felony (Health and Safety Code Section 7052). Section 7050.5 of the Health and Safety Code requires that if human remains are found during construction or excavation, the activities be stopped until the county coroner can determine if the remains are Native American. If the remains are determined to be Native American, the coroner must then contact the Native American Heritage Commission, pursuant to PRC Section 5097.
DISCUSSION
The following responses are based on a Cultural Resources Assessment conducted by BCR Consulting LLC, dated December 14th, 2023. An HPIR was prepared for the Project and is dated October 7, 2024 (See Appendix C). Conclusions and recommendations are based on research, a cultural resources records search, a Sacred Lands File search, and intensive-level pedestrian cultural resources field survey. David Brunzell M.A., R.P.A, acted as Principal Investigator, provided Project oversight, and authorized the technical report with contributions from BCR Consulting Staff Archeologist Doug Kazmier, B.A., and BCR Consulting Archeological Crew Chief Nicholas Sheptuk, B.A. Central Information Center (CCIC) staff completed the cultural resources records search through its archive at California State University, Stanislaus. Mr. Kazimer completed the field survey.
a) Cause a substantial adverse change in the significance of a historical resource pursuant to § 15064.5? RESPONSE:
Less than Significant Impact. Public Resources Code, Section 5024.1; 14 CCR 15064.5 defines historical resources are resources listed or eligible for listing on the California Register of Historical Resources” (CRHR). Based on research and a field survey described in the following paragraphs, there are no known historical resources that could be impacted by the Project.
Natural Setting
The elevation of the Project Alignment ranges from approximately 86 to 95 feet above mean sea level (AMSL)The Project Location is underlain with local geologic units composed of Quaternary deposits from the Pleistocene Modesto Formation. These deposits do not appear to be a source of prehistoric tool materials.
Cultural Setting
Human groups began to settle in this regional between 9,500- 11,500 year before the present. The Project Location is situated within the traditional boundaries of the Northern Yokuts. This tribe used perennial water sources for trade routes. The Yokuts formed “true tribes” and an array of unique dialects. The first people to established contact with the Yokuts were the Europeans. The Mexican era (1821-1848) saw little notable cultural exchange between Mexicans and Yokuts, although an 1833 malaria epidemic devastated the local native population (Wallace 1978:460). In the American era the Anglo settlement, occurred after California’s annexation into the United States and disrupted Yokuts influence.
Mining and ranching represented the early historical focus of the San Joaquin Valley, although abundant natural water, a mild climate, and arable land soon led to the successful development of agriculture. The resulting diversion of local water and escalating land values transformed the physical and economic character of the area and has allowed it to remain one of the world’s most productive agricultural regions to this day (Preston 1981).
To determine whether cultural resources may be found during construction of the Project, research was conducted by the Central California Information Center (CCIC) at California State University, Stanislaus on November 7th, 2023. This included a review of all recorded historic and prehistoric cultural as well as a review of known cultural resources, and survey and excavation reports generated from projects located within one half-mile of proposed construction. Data from FINAL INITIAL STUDY/ MITIGATED NEGATIVE DECLARATION SCH #2024121117 #8..
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the CCIC revealed that 11 cultural resource studies have taken place resulting in 13 cultural resources recorded within one-half mile radius of the Project. See Table 11: Cultural Resources within One-Half Mile of the Project Location.
TABLE 11: CULTURAL RESOURCES WITHIN ONE-HALF MILE OF THE PROJECT LOCATION USGS 7.5 Min
Quad
Primary No. ZĞƐŽƵƌĐĞĞƐĐƌŝƉƟŽŶ Within Project Studies Within OneHalf Mile Salida,
California
(1987)
P-50-0075 MID Lateral 0.5 Miles SSE) ST-3697*, 3879,
4054*, 4749, 4829,
5470, 5900, 6306,
7244*, 7725, 8007*
P-50-1918 Bangs #1 (0.35 Miles SW
P-50-1925 Chappell Ditch Adjacent North
P-50-2002 Modesto Main/ La Grange MID Old
Canal
0.25 miles N
P-50-2024 Fluence Property 0.3 miles E
P-50-2025 5024 Tunson Rd., Modesto 0.3 Miles E
P-50-2026 : 907 Kiernan Rd. (SR 219), Modesto 0.3 Miles E P-50-2165 Essa Property Adjacent W
P-50-2166 Kumar Property 0.2 miles N
P-50-2167 Harrell Property 0.2 miles N
P-50-2259 10-STA-219 EA Adjacent S
P-50-2260 1348 Kiernan Ave. Adjacent S
P-50-2301 1349 Bangs Ave. 0.4 miles S
Source: BCR Consulting, 2023
Notes: * Occurred Within the Project Area.
Following research, a field survey was conducted by Mr. Kazmier on December 10th, 2023 by walking parallel transects spaced approximately 15 meters apart long both sides of the Project Alignment. No cultural resources (including prehistoric or historic archeological or historic architectural resources) were found at the surface. The Project Alignment has been subject to disturbances from construction and maintenance of roads, drainage, and other infrastructure. As well as agricultural activities and the dumping of modern refuse. The conclusions from the field survey indicate adverse effects to any historical resources under CEQA or Section 106 of the NHPA are unlikely; therefore, cultural resources work, or monitoring is not recommended for the Project. There is potential to uncover buried resources during earthwork. Therefore, Mitigation Measure MM-CUL-01, Worker Environmental Awareness Training, is proposed Impacts are anticipated to be less than significant. No Mitigation Measures are needed.
b) Cause a substantial adverse change in the significance of an archaeological resource pursuant to § 15064.5? RESPONSE:
Less than Significant with Mitigation Incorporated. Section identifies archaeological resources and Native American burials in archaeological sites, in addition to historic structures, as important cultural resources requiring protection from disturbance, vandalism, or inadvertent destruction, all of which are considered potentially significant impacts.
While the records search and field survey did not identify cultural resources within the Project Site and the Project Site has been previously disturbed, ground-disturbing activities involving deeper cuts, if proposed by the Project, have the potential to discover buried deposits not observed on the surface; therefore, Mitigation Measure MM CUL-02: Cultural Resources Discovery will be implemented to ensure ground-disturbing activities do not cause significant impacts to archeological resources pursuant to Section 15064.5 or Section 106 of the NHPA.
With the implementation of Mitigation Measure MM CUL-01: Cultural ResourcesDiscovery less than significant impacts are anticipated.
c) Disturb any human remains, including those interred outside of dedicated cemeteries? RESPONSE:
Less than Significant with Mitigation Incorporated. The Project Location has not been used as a cemetery; therefore, the likelihood of discovering human remains at the Project Location is relatively low. However, in the unlikely event that FINAL INITIAL STUDY/ MITIGATED NEGATIVE DECLARATION SCH #2024121117 #8..
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human reman are discovered during earth works, Mitigation Measure MM CUL-03: Human Remains is proposed and shall be implemented by the Project contractor to result in less than significant impact.
MITIGATION MEASURES
MM CUL-01: Worker Environmental Awareness Training (WEAP). Prior to the initiation of ground-disturbing activities, the City shall hire a Qualified Archaeologist according U.S. Secretary of the Interior Professional Qualifications Standards for Archaeology to write and prepare a WEAP training program. The City may provide personnel to deliver the WEAP training to field personnel regarding archaeological resources and the possibility of buried prehistoric or historic cultural deposits. If any subsurface cultural resources are encountered during Project construction activities within 50 feet of the encounter shall be halted and the City and the City’s qualified archeologist shall be called to examine these materials, determine their significance, and implement the appropriate next steps such as:
a) Preservation in place, or
b) Excavation, recovery, and curation by qualified professionals.
MM CUL-02: Cultural Resources Discovery. In the event that field personnel encounter buried cultural materials, work in the immediate vicinity of the find should cease and a qualified archaeologist shall be called to assess the significance of the find.
The qualified archaeologist shall have the authority to stop or divert construction excavation as necessary. If the qualified archaeologist finds that any cultural resources present meet eligibility requirements for listing on the California Register or the National Register, plans for the treatment, evaluation, and mitigation of impacts to the find will need to be developed.
Prehistoric or historic cultural materials that may be encountered during ground-disturbing activities include:
- historic artifacts such as glass bottles and fragments, cans, nails, ceramic and pottery fragments, and other metal objects;
- historic structural or building foundations, walkways, cisterns, pipes, privies, and other structural elements; - prehistoric flaked-stone artifacts and debitage (waste material), consisting of obsidian, basalt, and or cryptocrystalline silicates;
- groundstone artifacts, including mortars, pestles, and grinding slabs; - dark, greasy soil that may be associated with charcoal, ash, bone, shell, flaked stone, groundstone, and fire affected rocks.
MM CUL-03: Human Remains: If human remains are encountered during the undertaking, State Health and Safety Code Section 7050.5 states that no disturbance shall occur until the County Coroner has made a determination of origin and disposition pursuant to Public Resources Code Section 5097.98. The County Coroner must be notified of the find immediately.
If the remains are determined to be prehistoric, the Coroner will notify the Native American Heritage Commission (NAHC), which will determine and notify a Most Likely Descendant (MLD). With the permission of the landowner or his/her authorized representative, the MLD may inspect the site of the discovery. The MLD shall complete the inspection within 48 hours of notification by the NAHC.
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6. ENERGY
Issues
Potentially
Significant Impact
Less than
Significant Impact
with Mitigation
Incorporated
Less than
Significant Impact No Impact
ENERGY. Would the Project:
a) Result in potentially significant
environmental impact due to
wasteful, inefficient, or
unnecessary consumption of
energy resources, during Project
construction or operation?
b) Conflict with or obstruct a state or
local plan for renewable energy or
energy efficiency?
REGULATORY COMPLIANCE
California Energy Commission
dŚĞĂůŝĨŽƌŶŝĂ
ŶĞƌŐLJŽŵŵŝƐƐŝŽŶ;
ͿŝƐĂƉůĂŶŶŝŶŐĂŶĚ ƉŽůŝĐLJĂŐĞŶĐLJ ƌĞƐƉŽŶƐŝďůĞĨŽƌĨŽƌĞĐĂƐƟŶŐĨƵƚƵƌĞĞŶĞƌŐLJŶĞĞĚƐ͕ ƉƌŽŵŽƟŶŐĞŶĞƌŐLJĞĸĐŝĞŶĐLJ͕ŵĂŝŶƚĂŝŶŝŶŐĞŶĞƌŐLJĚĂƚĂ͕ĚĞǀĞůŽƉŝŶŐĞŶĞƌŐLJƚĞĐŚŶŽůŽŐLJ͕ƉƌŽŵŽƟŶŐƌĞŶĞǁĂďůĞĞŶĞƌŐŝĞƐ͕ĂŶĚ planning for energLJĞŵĞƌŐĞŶĐŝĞƐƚŚƌŽƵŐŚŽƵƚĂůŝĨŽƌŶŝĂ͘dŚĞdŝƚůĞϮϰƵŝůĚŝŶŐ ŶĞƌŐLJ
ĸĐŝĞŶĐLJ^ƚĂŶĚĂƌĚƐǁĞƌĞĚĞǀĞůŽƉĞĚďLJ
the CEC and are updated periodically (SJ 2035 GP DEIR).
GreenBuilding Standards Code
dŚĞ'ƌĞĞŶƵŝůĚŝŶŐ^ƚĂŶĚĂƌĚƐ;Ăů'ƌĞĞŶͿǁĂƐĮƌƐƚĂĚŽƉƚĞĚŝŶϮϬϬϵ͘dŚĞƵŝůĚŝŶŐ^ƚĂŶĚĂƌĚƐĂƌĞƵƉĚĂƚĞĚĞǀĞƌLJƚŚƌĞĞLJĞĂƌƐ ĂŶĚƉĞƌƚĂŝŶƚŽƐƵƐƚĂŝŶĂďůĞƉƌĂĐƟĐĞƐĨŽƌƌĞƐŝĚĞŶƟĂůĂŶĚĐŽŵŵĞƌĐŝĂůĐŽŶƐƚƌƵĐƟŽŶƉƌŽũĞĐƚƐŝŶĂůŝĨŽƌŶŝĂ͘WƵƌƐƵĂŶƚƚŽĂů'ƌĞĞŶ, ĐŽŶƐƚƌƵĐƟon projects must meet a mandatory set of minimum requirements and extensive voluntary measures. The Code ĐŽǀĞƌƐ ƉůĂŶŶŝŶŐ ĂŶĚ ĚĞƐŝŐŶ͕ ĞŶĞƌŐLJ ĞĸĐŝĞŶĐLJ͕ ǁĂƚĞƌ ĞĸĐŝĞŶĐLJ ĂŶĚ ĐŽŶƐĞƌǀĂƟŽŶ͕ ŵĂƚĞƌŝĂůƐ ĐŽŶƐĞƌǀĂƟŽŶ ĂŶĚ ƌĞƐŽƵƌĐĞ ĞĸĐŝĞŶĐLJ͕ĂŶĚŝŶĚŽŽƌĞŶǀŝƌŽŶŵĞntal quality.
DISCUSSION
a) ZĞƐƵůƚŝŶƉŽƚĞŶƟĂůůLJƐŝŐŶŝĮĐĂŶƚĞŶǀŝƌŽŶŵĞŶƚĂůŝŵƉĂĐƚĚƵĞƚŽǁĂƐƚĞĨƵů͕ŝŶĞĸĐŝĞŶƚ͕ŽƌƵŶŶĞĐĞƐƐĂƌLJĐŽŶƐƵŵƉƟŽŶŽĨĞŶĞƌŐLJ ƌĞƐŽƵƌĐĞƐ͕ĚƵƌŝŶŐWƌŽũĞĐƚĐŽŶƐƚƌƵĐƟŽŶŽƌŽƉĞƌĂƟŽŶ͍
RESPONSE:
>ĞƐƐƚŚĂŶ^ŝŐŶŝĮĐĂŶƚǁŝƚŚDŝƟŐĂƟŽŶ/ŶĐŽƌƉŽƌĂƚĞĚ͘DŽĚĞƐƚŽ/ƌƌŝŐĂƟŽŶŝƐƚƌŝĐƚ;D/ͿƉƌŽǀŝĚĞƐƚŚĞŝƚLJŽĨDŽĚĞƐƚŽǁŝƚŚ energy resources. MID owns and operates approximately 1,800 miles of power lines throughout their service area (MID ϮϬϭϳ͖DŽĚĞƐƚŽ'W
/Z͕ϮϬϭϵͿ͘ƚƚŚĞWƌŽũĞĐƚ>ŽĐĂƟŽŶ͕D/ŵĂŝŶƚĂŝŶƐϭϮ,000-volt and 68,000-volt electrical power lines along the south side of Kiernan Avenue as well as 12,000-volt power lines along the west side of Tully Road. Within the Local Vicinity of the proposed Projecƚ͕ĂƉƉƌŽdžŝŵĂƚĞůLJϮϱŌĨƌŽŵƚŚĞdƵůůLJZŽĂĚĂŶĚ<ŝĞƌŶĂŶǀĞŶƵĞŝŶƚĞƌƐĞĐƟŽŶ͕D/ ŽƉĞƌĂƚĞƐĂŶĞůĞĐƚƌŝĐĂůƐƵďƐƚĂƟŽŶƚŚĂƚƐĞƌǀŝĐĞƐƐƵƌƌŽƵŶĚŝŶŐůĂŶĚƵƐĞƐ͘ The proposed Project will extend the service boundary of the City’s potable water system and is intended to implement ƚŚĞŝƚLJ͛ƐĮƌĞŇŽǁƐƚĂŶĚĂƌĚƐĂŶĚĚĞůŝǀĞƌĐůĞĂŶƉŽƚĂďůĞǁĂƚĞƌƚŽ^ƚĂŶŝƐůĂƵƐ ůĞŵĞŶƚĂƌLJ^ĐŚŽŽů͘dŚĞWƌŽũĞĐƚǁŽƵůĚŶŽƚ
ĐŽŶŇŝĐƚǁŝƚŚƚŚĞƉůĂŶŶĞĚďƵŝůĚŽƵƚŽĨƚŚĞŝƚLJ͛ƐtĂƚĞƌDĂƐƚĞƌWůĂŶĂŶĚƐĐŚŽŽůĂĐƟǀŝƟĞƐǁŽƵůĚŶŽƚŝŶĐƌĞĂƐĞďĞĐĂƵƐĞŽĨ ƚŚĞWƌŽũĞĐƚ͘dŚĞƌĞĨŽƌĞ͕ƚŚĞWƌŽũĞĐƚŝƐŶŽƚĂŶƟĐŝƉĂƚĞĚƚŽŐĞŶĞƌĂƚĞƐŝŐŶŝĮĐĂŶƚĞŶĞƌŐLJĚĞŵĂŶĚƐďĞLJŽŶĚĞdžŝƐƟŶŐďĂƐĞůŝŶĞ ĐŽŶƐƵŵƉƟŽŶůĞǀĞůƐĂŶĚĨŽƌĞĐĂƐƟŶŐƉƌŽũĞĐƟŽŶƐ͘dŚĞϭϮ͕ϬϬϬůŝŶĞĂƌĨĞĞƚŽĨƉŽƚĂďůĞǁĂƚĞƌŵĂŝŶǁŝůůĐŽŶŶĞĐƚƚŽƚŚĞŝƚLJ͛Ɛ ĞdžŝƐƟŶŐǁĂƚĞƌŝŶĨƌĂƐƚƌƵĐƚƵƌĞĂŶĚǁŽƵůĚďĞŵĂŝŶƚĂŝŶĞĚǁŝƚŚƚŚĞŝƚLJ͛ƐĞdžŝƐƟŶŐŵĂŝŶƚĞŶĂŶĐĞƌĞƐŽƵƌĐĞƐ͘&ŽƌƚŚĞƐĞƌĞĂƐŽŶƐ͕ ĂĚĚŝƟŽŶĂůƐŽƵƌĐĞƐŽĨƉŽǁĞƌĂƌĞŶŽƚƌĞƋƵŝƌĞĚĨŽƌƚŚĞproposed Project. The looped structure of the proposed alignment ǁŝůůĂůůŽǁ ƚŚĞƉŝƉĞůŝŶĞ ƚŽŵĂŝŶƚĂŝŶĮƌĞŇŽǁ ƌĞƋƵŝƌĞŵĞŶƚƐ;ϰϬϬ0 ŐƉŵĂƚϯϯƉƐŝͿ͘WƌŽũĞĐƚĐŽŶƐƚƌƵĐƟŽŶǁŝůů ƚĞŵƉŽƌĂƌŝůLJ increase use of diesel-powered equipment for trenching and jack and bore ĐŽŶƐƚƌƵĐƟŽŶ͘,ŽǁĞǀĞƌ͕ůŽŶŐ-ƚĞƌŵŽƉĞƌĂƟŽŶ ĂŶĚŵĂŝŶƚĞŶĂŶĐĞŝƐĂŶƟĐŝƉĂƚĞĚƚŽƌĞƐƵůƚŝŶĂŵŝŶŝŵĂůŶƵŵďĞƌŽĨĚĂŝůLJǁŽƌŬĞƌƚƌŝƉƐƚŽĐŽŶĚƵĐƚƌŽƵƟŶĞŝŶƐƉĞĐƟŽŶƐ͘Energy from long-ƚĞƌŵ ŽƉĞƌĂƟŽŶ ǁŝůů ŝŶĐůƵĚĞ ƚƌĂŶƐƉŽƌƚĂƟŽŶ ĞŶĞƌŐLJ ĚĞŵĂŶĚƐ ;ĞŶĞƌŐLJ ĐŽŶƐƵŵĞĚ ďLJ ĞŵƉůŽLJĞĞ ĂŶĚ ƉĂƚƌŽŶ ǀĞŚŝĐůĞƐĂĐĐĞƐƐŝŶŐƚŚĞWƌŽũĞĐƚ^ŝƚĞͿĂŶĚĨĂĐŝůŝƟĞƐĞŶĞƌŐLJĚĞŵĂŶĚƐ;ĞŶĞƌŐLJĐŽŶƐƵŵĞĚďLJďƵŝůĚŝŶŐĂŶĚƐŝƚĞŵĂŝŶƚĞŶĂŶĐĞ ĂĐƟǀŝƟĞƐͿ͘dŚĞƌĞĨŽƌĞ͕ƚŚĞŝŶĐƌĞĂƐĞŝŶƉƌŽũĞĐƚŐĞŶĞƌĂƚĞĚƚƌŝƉƐŝƐŵŝŶŝŵĂůĂŶĚƚŚĞƉƌŽũĞĐƚ͛ƐƚƌĂŶƐƉŽƌƚĂƟŽŶĂŶĚŽƉĞƌĂƟŽnal ĞŶĞƌŐLJĐŽŶƐƵŵƉƟŽŶǁŽƵůĚŶŽƚďĞĐŽŶƐŝĚĞƌĞĚŝŶĞĸĐŝĞŶƚ͕ǁĂƐƚĞĨƵů͕ŽƌŽƚŚĞƌǁŝƐĞƵŶŶĞĐĞƐƐĂƌLJ͘ FINAL INITIAL STUDY/ MITIGATED NEGATIVE DECLARATION SCH #2024121117 #8..
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STANISLAUS ELEMENTARY SCHOOL 1,2,3-TCP MITIGATION PROJECT CITY OF MODESTO PAGE 51
November 2024
Using the CalEEMod data input for the air quality and greenhouse gas analyses (Appendix AͿ͕ƚŚĞWƌŽũĞĐƚ͛ƐĐŽŶƐƚƌƵĐƟŽŶ ƉŚĂƐĞǁŽƵůĚĐŽŶƐƵŵĞĞůĞĐƚƌŝĐŝƚLJĂŶĚĨŽƐƐŝůĨƵĞůƐĂƐĂƐŝŶŐůĞĞŶĞƌŐLJĚĞŵĂŶĚ͕ƚŚĂƚŝƐ͕ŽŶĐĞĐŽŶƐƚƌƵĐƟŽŶŝƐĐŽŵƉůĞƚĞĚƚŚĞŝƌ ƵƐĞǁŽƵůĚĐĞĂƐĞ͘Z͛ƐϮϬϭϳ
ŵŝƐƐŝŽŶƐ&ĂĐƚŽƌƐdĂďůĞƐƐŚŽǁƚŚĂƚŽŶĂǀĞƌĂŐĞ͕ĂŐŐƌĞŐĂƚĞĨƵĞůĐŽŶƐƵŵƉƟŽŶ;gasoline and diesel fuel) would be approximately 18.5 hp-hr-ŐĂů͖ĐŽŶƐƵŵŝŶŐĂŶĞƐƟŵĂƚĞĚϭϬϱ͕ϳϴϮŐĂůůŽŶƐŽĨĚŝĞƐĞůĨƵĞůƚŚƌŽƵŐŚŽƵƚ WƌŽũĞĐƚĐŽŶƐƚƌƵĐƟŽŶ͘/ŶĂĚĚŝƟŽŶ͕ƚŚĞĐŽŶƐƚƌƵĐƟŽŶǁŽƌŬĞƌƚƌŝƉƐǁŝůůƌĞƐƵůƚŝŶĂŶĞƐƟŵĂƚĞĚϯ͕ϭϲϳŐĂůůŽŶƐŽĨĨƵĞůǁŚŝĐŚǁŝůů ďĞĐŽŶƐƵŵĞĚĨŽƌĐŽŶƐƚƌƵĐƟŽŶǁŽƌŬĞƌƚƌŝƉƐ;ďĂƐĞĚϴϮ͕ϵϰϰsDdͿ͖ĂŶĞƐƟŵĂƚĞĚϮ͕ϰϮϵŐĂůůŽŶƐŽĨĨƵĞůǁŽƵůĚďĞĐŽŶƐƵŵĞĚ for vendor and hauling trips (based on 15,154 VMT) (Ganddini, 2023). /ŶĂĚĚŝƟŽŶ͕ ƚŚĞWƌŽũĞĐƚǁŝůůĐŽŵƉůLJǁŝƚŚĂůŝĨŽƌŶŝĂŝƌZĞƐŽƵƌĐĞƐŽĂƌĚ;ZͿĂĚŽƉƚĞĚŝĚůŝŶŐ ƌĞŐƵůĂƟŽŶĨŽƌŽŶ-road diesel-ĨƵĞůĞĚ ĞƋƵŝƉŵĞŶƚ ǁĞŝŐŚŝŶŐ ŵŽƌĞ ƚŚĂŶ ϭϬ͕ϬϬϬ ƉŽƵŶĚƐ͘ dŚĞ ƌĞŐƵůĂƟŽŶƐ ŝŶĚŝĐĂƚĞ ƚŚĂƚ ŚĞĂǀLJ ĚƵƚLJ ǀĞŚŝĐůĞƐ ĂƌĞ prohibited from idling morĞƚŚĂŶĮǀĞ;ϱͿŵŝŶƵƚĞƐŝŶĂŶLJŽŶĞůŽĐĂƟŽŶ;^ƚĂŶŝƐůĂƵƐŽƵŶƚLJ'W /Z͕ϮϬϭϲͿ͘ŽŵƉůŝĂŶĐĞǁŝƚŚ
ƚŚĞĞdžŝƐƟŶŐƌĞŐƵůĂƟŽŶǁŝůůďĞŝŵƉůĞŵĞŶƚĞĚǁŝƚŚƚŚĞWƌŽũĞĐƚĂƐDŝƟŐĂƟŽŶDĞĂƐƵƌĞMM EN-Ϭϭ͗/ĚůŝŶŐZĞŐƵůĂƟŽŶĨŽƌKŶRoad Disel-Fueled Equipment to reduce impactƐ ƚŽ ůĞƐƐ ƚŚĂŶ ƐŝŐŶŝĮĐĂŶĐĞ ĚƵƌŝŶŐ ĚŝĞƐĞů-powered equipment use ƚŚƌŽƵŐŚŽƵƚĐŽŶƐƚƌƵĐƟŽŶĂĐƟǀŝƟĞƐ͘
&ŽƌƚŚĞƌĞĂƐŽŶƐĂďŽǀĞ͕ƚŚĞƉƌŽƉŽƐĞĚWƌŽũĞĐƚŝƐĂŶƟĐŝƉĂƚĞĚŚĂǀĞůĞƐƐƚŚĂŶƐŝŐŶŝĮĐĂŶƚŝŵƉĂĐƚƐƚŽĞŶĞƌŐLJƌĞƐŽƵƌĐĞƐĚƵƌŝŶŐ WƌŽũĞĐƚ ĐŽŶƐƚƌƵĐƟŽŶ ĂŶĚ ůŽŶŐ-ƚĞƌŵ ŽƉĞƌĂƟŽŶ ǁŝƚŚ ƚŚĞ ŝŵƉůĞŵĞŶƚĂƟŽŶ ŽĨ DŝƟŐĂƟŽŶ DĞĂƐƵƌĞ MM EN-01: Idling ZĞŐƵůĂƟŽŶĨŽƌKŶ-Road Disel-Fueled Equipment.
b) ŽŶŇŝĐƚǁŝƚŚŽƌŽďƐƚƌƵĐƚĂƐƚĂƚĞŽƌůŽĐĂůƉůĂŶĨŽƌƌĞŶĞǁĂďůĞĞŶĞƌŐLJŽƌĞŶĞƌŐLJĞĸĐŝĞŶĐLJ͍ RESPONSE:
No Impact. See Response 6, a). Plans for the Project indicate consistency with state and local plans for sustainability including the CALTRANS, Stanislaus, and City of Modesto Climate Change Vulnerability Assessments. Reference ^ĞĐƟŽŶ
8. Greenhouse Gas Emissions ĨŽƌŵŽƌĞŝŶĨŽƌŵĂƟŽŶ͘
dŚĞƐƚĂŶĚĂƌĚĂƉƉůŝĐĂƟŽŶŽĨƚŚĞŝƚLJ͛ƐƉůĂŶƌĞǀŝĞǁprocesses will result in compliance with state and local development ƐƚĂŶĚĂƌĚƐŝŵƉůĞŵĞŶƟŶŐĞŶĞƌŐLJĞĸĐŝĞŶĐLJƌĞƋƵŝƌĞŵĞŶƚƐ͘dŚĞWƌŽũĞĐƚĚŽĞƐŶŽƚƉƌŽƉŽƐĞƚŽĚŝƐƌƵƉƚĞůĞĐƚƌŝĐĂůƐƵďƐƚĂƟŽŶƐ or transmission lines, as mapped by the California Energy Commission ĂŶĚ ĂůŝĨŽƌŶŝĂ KĸĐĞ ŽĨ ŵĞƌŐĞŶĐLJ ^ĞƌǀŝĐĞƐ͘
Therefore, the Project remains complaint with the City’s Climate Change Vulnerability Assessment since these “infrastructure assets”9 will not be disrupted.
TŚĞWƌŽũĞĐƚǁŝůůƌĞŵĂŝŶĐŽŵƉůŝĂŶƚǁŝƚŚĨĞĚĞƌĂůƚƌĂŶƐƉŽƌƚĂƟŽŶƌĞŐƵůĂƟŽŶƐƐŝŶĐĞƚŚĞWƌŽũĞĐƚŝƐĂůƌĞĂĚLJǁŝƚŚŝŶĂĚĞǀĞůŽƉĞĚ area and will ĂǀŽŝĚŝŵƉĂĐƚƐŽŶ<ŝĞƌŶĂŶǀĞŶƵĞǁŝƚŚũĂĐŬĂŶĚďŽƌĞĐŽŶƐƚƌƵĐƟŽŶ͘>ŽĐĂůƌŽĂĚǁĂLJƐƚŚĂƚǁŝůůďĞƚĞŵƉŽƌĂƌŝůLJ ĚŝƐƚƵƌďĞĚĚƵƌŝŶŐĐŽŶƐƚƌƵĐƟŽŶǁŝƚŚŝŶĂůĞZŽĂĚĂŶĚdƵůůLJZŽĂĚǁŝůůďĞƌĞƐƚŽƌĞĚƚŽƉƌĞ-ƉƌŽũĞĐƚĐŽŶĚŝƟŽŶƐŽƌďĞƩĞƌƵƉŽŶ ĐŽŵƉůĞƟŽŶŽĨƚŚĞWƌŽũĞĐƚ͘dŚerefore, to the Project will not ŝŶƚĞƌĨĞƌĞǁŝƚŚŝŶƚĞƌŵŽĚĂůƚƌĂŶƐƉŽƌƚĂƟŽŶƉůĂŶƐŽƌƉƌŽũĞĐƚƐ proposed pursuant to the ISTEA. ZĞŐĂƌĚŝŶŐWĂǀůĞLJ;ϭϰϵϯͿƌĞŐƵůĂƟŽŶƐ͕ĂŶŝŶĚŝǀŝĚƵĂůƉƌŽũĞĐƚĚŽĞƐŶŽƚŚĂǀĞƚŚĞĂďŝůŝƚLJ ƚŽĐŽŵƉůLJŽƌĐŽŶŇŝĐƚǁŝƚŚƚŚĞƐĞƌĞŐƵůĂƟŽŶƐďĞĐĂƵƐĞƚŚĞLJĂƌĞŝŶƚĞŶĚĞĚĨŽƌĂŐĞŶĐŝĞƐĂŶĚƚŚĞŝƌĂĚŽƉƟŽŶŽĨƉƌŽĐĞĚƵƌĞƐ ĂŶĚƉƌŽƚŽĐŽůƐĨŽƌƌĞƉŽƌƟŶŐĂŶĚĐĞƌƟĨLJŝŶŐ','ĞŵŝƐƐŝŽŶƌĞĚƵĐƟŽŶƐĨƌŽŵŵŽďŝůĞƐŽƵƌĐĞƐ͘dŚĞǀĞŚŝĐůĞƐ and equipment associated with the proposed Project ĐŽŶƐƚƌƵĐƟŽŶĂŶĚůŽŶŐ-term maintenance would be required to comply with federal ĂŶĚƐƚĂƚĞĨƵĞůĞĸĐŝĞŶĐLJƐƚĂŶĚĂƌĚƐ͖ŚŽǁĞǀĞƌ͕ĂƐƐƚĂƚĞĚƉƌĞǀŝŽƵƐůLJƚŚĞProject requires a minimal number of vehicle trips ĚƵƌŝŶŐŽƉĞƌĂƟŽŶ͘
ZĞŐĂƌĚŝŶŐƚŚĞ^ƚĂƚĞ͛ƐZĞŶĞǁĂďůĞ
ŶĞƌŐLJWŽƌƞŽůŝŽ^ƚĂŶĚĂƌĚƐ͕ĂƐĂƉƉůŝĐĂďůĞ͕ƚŚĞProject would be required to meet or exceed the energy standards established in the California Green Building Standards Code, Title 24, Part 11 (CALGreen).
CALGreen Standards. These standards ƌĞƋƵŝƌĞ ƚŚĂƚ ŶĞǁ ďƵŝůĚŝŶŐƐ ƌĞĚƵĐĞ ǁĂƚĞƌ ĐŽŶƐƵŵƉƟŽŶ͕ ĞŵƉůŽLJ ďƵŝůĚŝŶŐ ĐŽŵŵŝƐƐŝŽŶŝŶŐƚŽŝŶĐƌĞĂƐĞďƵŝůĚŝŶŐƐLJƐƚĞŵĞĸĐŝĞŶĐŝĞƐ͕ĚŝǀĞƌƚĐŽŶƐƚƌƵĐƟŽŶǁĂƐƚĞĨƌŽŵůĂŶĚĮůůƐ͕ĂŶĚŝŶƐƚĂůůůŽǁƉŽůůƵƚĂŶƚĞŵŝƫŶŐĮŶŝƐŚŵĂƚĞƌŝĂůƐ͘ 9 Infrastructure assets are structures that provide various services to the Modesto community members. Structures consist of the Modesto Airport; bridges; major roads, highways, and truck routes (Kiernan Avenue, Dale Road, and Tully Road); Electric vehicle charging stations; biking and hiking trails; evacuation routes; railways and train stations; transit facilities; single access roads; communications facilities; electrical substations and transmissions lines; power plants; natural gas pipelines; dams and reservoirs; flood control infrastructure; parks and open space; solid waste facilities; and water and wastewater infrastructure.
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MM EN-Ϭϭ͗/ĚůŝŶŐZĞŐƵůĂƟŽŶĨŽƌKŶ-Road Disel-Fueled Equipment. Throughout Project construction, on-road diesel-fueled equipment weighing more than 10,000 pounds must comply with CARB ĂĚŽƉƚĞĚŝĚůŝŶŐƌĞŐƵůĂƟŽn which states that heavy ĚƵƚLJ ǀĞŚŝĐůĞƐĂƌĞ ƉƌŽŚŝďŝƚĞĚĨƌŽŵ ŝĚůŝŶŐŵŽƌĞ ƚŚĂŶ ĮǀĞ;ϱͿŵŝŶƵƚĞƐ ŝŶĂŶLJ ŽŶĞ ůŽĐĂƟŽŶ͘dŚŝƐ ƌĞŐƵůĂƟŽŶǁŝůů ďĞĞŶĨŽƌĐĞĚ ƚŚƌŽƵŐŚŽƵƚWƌŽũĞĐƚĐŽŶƐƚƌƵĐƟŽŶďLJƚŚĞWƌŽũĞĐƚĐŽŶƚƌĂĐƚŽƌĂŶĚŝŶƐƉĞĐƟŽŶƐďLJƚŚĞŝƚLJŽĨDŽĚĞƐƚŽ ŶŐŝŶĞĞƌŝŶŐĞƉĂƌƚŵĞŶƚ
ĂŶĚͬŽƌƚŚĞhƟůŝƟĞƐĞƉĂƌƚŵĞŶƚ.
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DISCUSSION
The responses within these sections are based on technical reports outlining the baseline conditions of the soil composition. Specifically, the IS/MND used the following resources:
- Appendix C: Cultural Resources Assessment, Stanislaus Elementary School 1,2,3-TCP Mitigation Project, Modesto, Stanislaus County, California, prepared by BCR Consulting LLC on December 14th, 2023. - Appendix D: Soils and Geotechnical Investigation, Stanislaus Elementary School 1,2,3-TCP Mitigation Project, Modesto, Stanislaus County, California, prepared by Universal Engineering Services on June 1st, 2023. a) Directly or indirectly cause potential substantial adverse effects, including the risk of loss, injury, or death involving:
i. Rupture of a knownearthquake fault, as delineated on the most recent Alquist-Priolo Earthquake Fault Zoning Map, issued by the State Geologist for the area or based on other substantial evidence of a known fault? Referto Division of Mines and Geology Special Publication 42.
RESPONSE:
No Impact. Fault areas classified under the Alquisto-Priolo fault zones are considered the highest risk fault; however, the Project Area does not contain Alquisto-Priolo designated fault zones or potentially active faults within or near the Project (Modesto Water Master Plan, 2019). According to the Department of Conservation, Fault Activity Map of California, the Project Area is not located near a mapped fault line (CA DOC, 2015). The closest fault lines are Vernalis Fault, approximately 21 miles east and the Great Valley Fault, approximately 17.9 miles west of the Project.
The Vernalis Fault and Great Valley Fault are Quaternary faults that have been inactive for the last 11,700-700,000 years (USGS, n.d.; Modesto Water Master Plan, 2019- Table 9-1. Regional Faults in Proximity to the Study Area).
Since the Project Location is not within mapped fault zones or within the confines of active fault traces or their associated Alquist- Priolo Fault Zones, it is unlikely for the potential for ground displacement, directly affecting the Project, to occur. In addition, during a site reconnaissance conducted by the Geotechnical Engineer and a review of aerial photographs, no indication of surface rupture or fault-related surface disturbances were observed.
For these reasons, no impact is anticipated in association with fault rupture. This includes the risk of loss, injury, or death, which are not anticipated to occur at the Project Location. Therefore, no Mitigation Measures are needed.
ii. Strong seismic ground shaking?
RESPONSE:
Less than Significant Impact. See Response 7, a) i). The Project Location is not mapped within any seismic hazard zones and there are no published maps available on the CGS website that cover the construction area. Historic ground shaking has occurred within the Project Area with the closest earthquake occurred on December 23rd, 1985, with a magnitude of 2,5 and the epicenter located approximately 6.7 miles northwest of the site (Universal Engineering, 2023). Other notable events include a 3.5 magnitude earthquake on February 2nd, 1979, located 9.1 miles southwest of the Project Location.
All of California is subject to potential seismic activity, and areas within proximity of fault zones are subject to regulations minimizing risk associated with ground shaking. The Project Area is subject to ground shaking, as is all areas of California. Due to its geographic location and the state’s overall susceptibility to earthquakes and there is nothing unique about the location of the Project that would make it more susceptible to strong seismic ground shaking. The severity of shaking is dependent on proximity with active faults and the estimated maximum ground acceleration of the fault. The Project is located more than 17 miles from fault lines. The Project will be implemented according to applicable engineering standards for safety and resilience regarding seismicity and pipe bed reinforcements that apply to the Project location. The Project will comply with the Modesto Engineering & Transportation Department Standard Specifications, which include guidelines for water main design. These are applicable to the Project and will be implemented through design review and inspections performed by the City.
As a result, less than significant impacts from strong seismic ground shaking are anticipated. No Mitigation Measures are needed.
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iii. Seismic-related ground failure, including liquefaction? RESPONSE:
Less than Significant Impact. Reference Response 7, a) i) and ii). Liquefaction, as defined by the California Department of Conservation, is “the transformation of granular materials from a solid state into a liquefied state as a consequence of increased pore-water pressure” (CA Department of Conservation 2023). Additionally, liquefaction is anticipated in areas where the groundwater is less than 30 feet from the surface.
According to the California Department of Conservation, Earthquake Zones of Required Investigation Map, the City of Modesto is not within areas identified as having high susceptibility to liquefaction or landslide potential (CA DOC n.d.). Low liquefaction potential at the Project Site is a result of the Project being underlain with primarily Alluvial Fan Deposits (Qf) (CA DOC, 2015). These deposits consist of gravel, sand, and small pieces of sediment like silt, which result as a product of flowing water interacting with hills or mountains dating back to the Pleistocene-age (National Geographic 2022). In addition to preliminary research, a Geotechnical Engineer performed liquefaction analysis on borings based on the Liquefaction Potential Index (LPI). The LPI in combination with the seismic settlements for soil conditions, indicated the Project Location has low potential for liquefaction during seismic events (Universal Engineering Services, 2023). The Project will undergo design review and inspection for compliance with the City’s Engineering Standards.
For these reasons, the proposed Project is not highly susceptible to seismic-related ground failure, including liquefaction. Impacts are anticipated to be less than significant, and no Mitigation Measures are needed.
iv. Landslides?
RESPONSE:
Less than Significant Impact. See Response 7, a) i) through iii) above. According to the Department of Conservation, Landslide Inventory Map, the Project Area is not highly susceptible to landslides (CA Department of Conservation, 2015). The Project Site is relatively flat and does not contain slopes. The highest point of elevation to the Project Location is west near the Coastal Mountains (approximately 18 miles from the Project). Construction will require earthworks including open trench construction and jacking/receiving pits, that have the potential to create temporary steep slopes subject to failure. However, these slopes are subject to temporary reinforcements pursuant to CAL-OSHA standards for building and utility trenching operations (29 CRF Section 1926.650; 29 CRF Section 1926.625), the California Division of Industrial Safety, and City of Modesto’s Standard Specifications, Chapter 8.
Utility, Excavation, and Trench Section.
As a result of the implementation of Standard Specifications (Modesto, 2014) and Engineering Specifications Design Guidelines and Standard Provisions (Modesto, 2021), from the City of Modesto and the Project Location’s relatively flat topography, potential impacts from landslides over throughout temporary Project construction and long-term operational use of the proposed Project Components is anticipated to be less than significant. No Mitigation Measures are needed.
b) Result in substantial soil erosion or the loss of topsoil? RESPONSE:
Less than Significant with Mitigation Incorporated. See Response 7, a) i) through iv) above. Project construction will require open cut trenching for the pipeline approximately 6-feet deep, which will temporarily disturb stable ground surface pavement within the public right-of-way leaving soils susceptible to erosion during active construction. Jack and bore, will be implemented in five locations along the Project Alignment during construction, other processes such as truck traffic, equipment access, and materials hauling may also temporarily disrupt topsoil resulting in dust and erosion.
Therefore, soil erosion and potential loss of some topsoil may occur during construction, especially during high winds and rains. However, the Project will implement the City’s Standard Specifications, Chapter 15. Erosion and Sediment Control Standards throughout Project construction. Chapter 15 of the City’s Erosion and Sediment Control standards require dust control compliant with City of Modesto and SJVAPCD, stockpile management, stabilization of entrance and egress from construction site, site cleanup, inspection, etc. In addition, the Project will incorporate recommendations from the geotechnical engineer to ensure loss of topsoil does not occur throughout Project construction and earthwork activities pursuant to MM GEO-01: Site Clearing, MM GEO-02: Stripping, MM GEO-03: Discing, MM GEO- 04: Aeration for Soils with High Moisture Content, MM GEO-05: Existing Pavement, MM GEO-06: Scarification and Compaction, MM GEO-07: Engineered Fill Construction, MM GEO-08: Excavation and Fill Slopes, MM GEO-09: Monitoring during FINAL INITIAL STUDY/ MITIGATED NEGATIVE DECLARATION SCH #2024121117 #8..
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Excavation, MM GEO-01: Utility Backfill Trench, and MM GEO-11: Pavement Design. Mitigation measures specify site clearing procedures; removal processes for existing pavement; backfill and engineering fill requirements; appropriate trenching procedures; and required monitoring by a Geotechnical Engineers’ representative.
Therefore, substantial erosion or the loss of topsoil will be mitigated to less than significant levels with the incorporation of the City’s Standard Specifications (Modesto, 2014) and the Engineering Department Design Guidelines and General Provisions (Modesto, 2021), as well as recommendations from the Geotechnical Engineer pursuant to Mitigation Measures MM GEO-01 through MM GEO-11. As a result, less than significant impacts are anticipated. c) Be located on a geologic unit or soil that is unstable, or that would become unstable as a result of the Project, and potentially result in on- or off-site landslide, lateral spreading, subsidence, liquefaction or collapse? RESPONSE:
Less than Significant Impact. According to the Department of Conservation, Geologic Map of California, the Project Area is underlain with a geologic composition comprised of alluvial fan deposits from the Pleistocene- Holocene age (approximately 2,580,000 to 11,700 years ago) (CA DOC, 2015). The Project Location is located within the Great Valley geomorphic province of California, a 500-mile, northwest rending structural trough, generally constrained to the west by the Cost Ranges and the east by the foothills of the Sierra Nevada Range (Norris and Webb, 1990). The Project Location and surrounding areas are flat and level and will be subject to disturbance during earthwork accordant with CAL-OSHA standards for safety and engineering standards established by the City Engineer and inspectors. Monitoring and inspections throughout construction-related ground disturbances that can alter soil stability, will ensure the Project is compliant with the City’s Standard Specifications (Modesto, 2014), Chapter 15. Erosion and Sediment Control Standards; as well as Engineering Specifications Design Guidelines and Standard Provisions (Modesto, 2021) to ensure trench and backfill are stable throughout construction.
For these reasons, less than significant impact is anticipated from geologic units or soils that are unstable resulting in potential on- or off-site landslide, lateral spreading, subsidence, liquefaction or collapse. Therefore, no Mitigation Measures are needed.
d) Be located on expansive soil, as definedin Table 18-1-B of the Uniform Building Code (1994), creating substantial direct or indirect risks to life or property?
RESPONSE:
Less than Significant Impact. See Response 7, a) through c). Expansive soils undergo shrinking and swelling with changes in moisture. These characteristics are attributed to higher clay content within the soil. As expansive soils dry, the clay causes soils to shrink; when the moisture is reintroduced, the soils swell up. Developing infrastructure on low expansive potential is preferred since the soil will not change its volume depending on the moisture and will therefore provide a foundation that is more static. The Project is located within public right-of-way that have likely been filled with Class II aggregate base; upon the competition of earthworks, the Project contractor will likely reuse existing fill, but the trench bed and backfill will be engineered fill. The Geotechnical Engineer performed testing and revealed the soils are not expansive; therefore, Mitigation Measures are not considered necessary for the Project (Universal Engineering Services, 2023). The Project will be implemented using engineered fill per City of Modesto standards and will not be highly susceptible to risk to life and property.
For these reasons above, the Project will not increase the potential for direct and indirect risks to life and property due to expansive soils, nor will the Project increase exposure to expansive soil hazards. Therefore, less than significant impacts are anticipated, and no Mitigation Measures are needed.
e) Have soils incapable of adequately supporting the use of septic tanks or alternative wastewaterdisposal systems where sewers are not available for the disposal of wastewater? RESPONSE:
No Impact. Septic tanks or alternative wastewater disposal systems are not proposed with the Project. The Project will implement a potable water infrastructure extension and does not propose any changes to exiting septic or alternative wastewater disposal systems. Therefore, no impacts are anticipated; no Mitigation Measures are needed.
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f) Directly or indirectly destroy a unique paleontological resource or site or unique geologic feature? RESPONSE:
Less than Significant with Mitigation Incorporated. The geologic units underlying the Project area are mapped as alluvial deposits dating from the Quaternary - specifically, the Pleistocene Modesto Formation (Rapp et al. 1977, A mineral land classification study of the Stanislaus River area, San Joaquin and Stanislaus counties, California). Quaternary alluvial units are considered to be fossiliferous and highly paleontologically sensitive. According to a letter received form the Western Science Center on November 20th, 2023, the Project Area nor the Local Vicinity (within a one-mile radius), does not contain any fossil localities. However, the Quaternary alluvial units similar to those under the Project Alignment have produced large quantities of fossils. Therefore, any fossil specimen recovered from the Project would be scientifically significant. As a result, the Project proposed Mitigation Measure MM PALEO-01: Paleontological Monitoring to ensure significant impacts do not occur throughout ground disturbing activities.
MITIGATION MEASURES
The following Mitigation Measures are recommendations made by the Geotechnical Engineering based on the Geotechnical Engineering and Geologic Hazards Investigation, Appendix D.
MM GEO-01: Site Clearing. Prior to site grading, the Contractor shall clear all construction areas of existing structures including all asphalt concrete pavements, rubble, deleterious debris, if any, and any other surface and subsurface items designated for removal to expose undisturbed firm and stable native soils. This work shall be verified by the City Inspector.
Where practical, the clearing should extend a minimum of five feet beyond the limits of the proposed structure areas of the site. Existing underground utilities to be abandoned should be completely removed, including existing trench backfill.
Depressions from removal of underground structures (e.g., foundations, utilities, etc.) should be cleaned of loose soil and properly backfilled pursuant to MM GEO-10: Utility Trench Backfill.
MM GEO-02: Stripping. After completion of clearing operations, the Contractor shall remove any remaining vegetation and organically contaminated topsoil should be removed by stripping. Materials form stripping may be stockpiled for later use or disposed of off-site and should not be used in general fill construction, but may be used in non-structural areas, provided they are kept at least five feet from structural areas, moisture conditions and compacted. Compliance shall be verified by the City or County Inspector.
MM GEO-03: Discing. Depending on site conditions and quantity of organics at time of grading, discing may be suitable in lieu of stripping. However, the decision must be made by a licensed Geotechnical Engineer at the time of earthwork construction. Discing operation, if approve, should be observed by the Geotechnical Engineer’s representative and be continuous until the organics are adequately mixed into the surface soils to provide a compactable mixture of soil containing minor amounts of organic matter. Pockets or concentrations of organics will not be allowed. Compliance shall be verified by the Inspector.
MM GEO- 04: Aeration for Soils with High Moisture Content. Upon the discovery of high moisture content within subgrade soils and excavated soils, considerable aeration to reach a moisture content that will permit the specified degree of compaction to be achieved shall be implemented by the Contractor and verified by Inspector. Aeration may include deep ripping to the top of the hardpan, mixing wetter soils with drier soils onsite, and/or windrows to dry the existing subgrade soils and the Project schedule should allow for adequate drying of the subgrade to achieve compactable moisture content.
MM GEO-05: Existing Pavement. Existing Pavement and flatworks (asphalt concrete and concrete) that are not incorporated into the new design should be broken up and removed from the site. Alternatively, pulverized asphalt and Portland cement concrete rubble may be used as fill by the Contractor as verified by the Inspector provided it is processes into fragments less than three inches in largest dimension, is mixed with soil or aggregate base to form a compactable mixture, and its use is approved by the Owner.
MM GEO-06: Scarification and Compaction. Compaction of all subgrade soils should be performed using a heavy, selfpropelled, sheepsfoot compactor capable of achieving the required compaction and must be performed by the Contractor in the presence of the Geotechnical Engineers’ representative. It is recommended that construction bid documents contain unit price (price per cubic pard) for additional excavation due to unstable wet soil or the presence of unsuitable materials and replacement with engineered fill.
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MM GEO-07: Engineered Fill Construction. If imported fill materials are required for the Project, imported fill materials should be granular materials with a Plasticity Index of 15 or less; an expansion Index of 20 or less; an organic content less than four percent; do not contain particles greater than three inches in maximum dimension, and shall be within a compactable moisture content. The Geotechnical Engineer must approve the imported fill three days prior to being transported on the Project Site and the contract must have appropriate documentation that the imported fill is clean of known contamination per DTSC and within acceptable corrosion limits.
MM GEO-08: Excavation and Fill Slopes. Permanent excavation and fill slopes should be constructed by the Contractor and verified by the Inspector as no steeper than two horizontals to one vertical (2H:1V) and should be vegetated as soon as practical following grading to minimize erosion in addition to the implementation of the following erosion control measures pursuant to MM HYDRO-01: Local SWPPP and MM HYDRO-02: StormwaterBMPs Throughout Project Construction.
MM GEO-09: Monitoring during Excavation. Throughout earthworks and excavation activities, the Geotechnical Engineer’s representative shall be present on a regular basis during all earthwork operations to observe and test the engineered fill and to verify compliance with Geotechnical Engineer recommendations as well as Project plans and specifications.
MM GEO-10: Utility Trench Backfill. Utility trench backfill shall be mechanically compacted by the Contractor and verified by the Inspector as engineered fill. Bedding and initial backfill around and over the pipe should conform to the pipe manufacturers recommendations for the pipe materials selected and applicable sections of the governing agency standards.
On-site soils shall be used as trench backfill. Utility backfills should be placed in thin lift, thoroughly moisture conditioned to at least the optimum moisture content, and compacted to at least 90 percent of the maximum dry density as determined by ASTM D1557. Within the upper six inches of pavement subgrade soil compaction of untreated soils should be increased to at least 95 percent relative compaction at less than the optimum moisture content. The lift thickness will depend on the type of compaction equipment used to backfill utility trenches.
MM GEO-11: Pavement Design. New pavements should match adjacent pavement sections and be constructed in accordance with design requirements of the applicable jurisdiction, Kiernan Avenue (CalTrans) Tully Road (County of Stanislaus) Dale Road (City of Modesto). Recommended construction per the Project Geotechnical Engineer is as follows:
PAVEMENT DESIGN ALTERNATIVES
Traffic
Index (TI)
Pavement Use Pavement Subgrades
R-value= 40
Type A
Asphalt Concrete (inches)
Class 2 Aggregate Base (inches)
4.5 Automobile Parking 2 ½ * 4.0
6.0 Entry-Exit Drives, Truck Traffic
and Fire Lanes
37.0 3 ½ * 6.0
Notes: *= Asphalt concrete thickness includes CALTRANS factor for safety.
The upper six inches of pavement subgrade soils should be compacted to at least 95 percent relative compaction at no less than the optimum moisture content (ASTM D1577). Pavement subgrades should be proof-rolled with a fully loaded, water truck to placement of aggregate base to identify soft/unstable areas that may require removal and re-compaction. In addition, there should be at least six inches of PCC pavement in areas subject to heavy wheel loading; and supported on at least four inches of compacted Class 2 aggregate base on the prepared subgrade.
MM PALEO-01: Paleontological Monitoring. Prior to the initiation of earthworks and ground distributing activities, the City of Modesto Utilities Department is responsible for hiring a qualitied paleontologist and developing a paleontological resource mitigation program that will be put in place to monitor, salvage, and curate any recovered fossils from the study area. The City Utilities Department will verify that paleontological monitoring is implemented during earthwork in native soils.
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8. GREENHOUSE GAS EMISSIONS
Issues
Potentially
Significant Impact
Less than
Significant Impact
with Mitigation
Incorporated
Less than
Significant Impact No Impact
VIII. GREENHOUSE GAS EMISSIONS. Would the Project:
a) Generate greenhouse gas
emissions, either directly or
indirectly, that may have a
significant impact on the
environment?
b) Conflict with an applicable plan,
policy or regulation adopted for
the purpose of reducing the
emissions of greenhouse gases?
REGULATORY COMPLIANCE
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GHG Emissions
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(3) ŶĂůLJnjĞƌĞĂƐŽŶĂďůĞĂůƚĞƌŶĂƟǀĞƐ͕ŝŶĐůƵĚŝŶŐƚŚŽƐĞƚŚĂƚǁŽƵůĚƌĞĚƵĐĞ','ĞŵŝƐƐŝŽŶƐƌĞůĂƟǀĞƚŽďĂƐĞůŝŶĞĐŽŶĚŝƟŽŶƐ͕ ĂŶĚŝĚĞŶƟĨLJĂǀĂŝůĂďůĞŵŝƟŐĂƟŽŶŵĞĂƐƵƌĞƐƚŽĂǀŽŝĚ͕ŵŝŶŝŵŝnjĞ͕ŽƌĐŽŵƉĞŶƐĂƚĞĨŽƌĐůŝŵĂƚĞĞīĞĐƚƐ͘
CARB
Scoping Plan
The CARB Board approved a Climate Change Scoping Plan in December 2008. The Scoping Plan outlines the State’s strategy ƚŽĂĐŚŝĞǀĞƚŚĞϮϬϮϬŐƌĞĞŶŚŽƵƐĞŐĂƐĞŵŝƐƐŝŽŶƐůŝŵŝƚ͘dŚĞ^ĐŽƉŝŶŐWůĂŶ͞ƉƌŽƉŽƐĞƐĂĐŽŵƉƌĞŚĞŶƐŝǀĞƐĞƚŽĨĂĐƟŽŶƐĚĞƐŝŐŶĞĚƚŽ reduce overall greenhouse gas emissions in California, improve our environment, reduce our dependence on oil, diversify our energy sources, save energy, create new jobs, and enhance public health” (California Air Resources Board 2008). The measures in the Scoping Plan have been in place since 2012. dŚŝƐ ^ĐŽƉŝŶŐ WůĂŶ ĐĂůůƐ ĨŽƌ ĂŶ ͞ĂŵďŝƟŽƵƐ ďƵƚ ĂĐŚŝĞǀĂďůĞ͟ ƌĞĚƵĐƟŽŶ ŝŶ ĂůŝĨŽƌŶŝĂ͛Ɛ ŐƌĞĞŶŚŽƵƐĞ ŐĂƐ ĞŵŝƐƐŝŽŶƐ͕ ĐƵƫŶŐ approximately 30 percent from business-as-usual emission levels projected for 2020, or about 10 percent from today’s levels.
On a per-capita basis, that means reducing annual emissions of 14 tons of carbon dioxide for every man, woman and child in California down to about 10 tons per person by 2020.
CALTRANS
Climate Change Vulnerability Assessment
dŚĞ>dZE^ůŝŵĂƚĞŚĂŶŐĞsƵůŶĞƌĂďŝůŝƚLJƐƐĞƐƐŵĞŶƚŚĞůƉƐƚŽďĞƩĞƌƵŶĚĞƌƐƚĂŶĚƚŚĞǀƵůŶĞƌĂďŝůŝƟĞƐŽĨĂůŝĨŽƌŶŝĂ͛Ɛ^ƚĂƚĞ Highway System as a result of changing climate and increases in severe weather events. The following study has three main ŽďũĞĐƟǀĞƐ͗
- Understand the types of weather-related and longer-term climate change events that will likely occur with greater frequency and intensity in future years;
- Conduct a vulnerability assessment to determine those Caltrans assets vulnerable to various climate-ŝŶŇƵĞŶĐĞĚ natural hazards; and
- ĞǀĞůŽƉĂŵĞƚŚŽĚƚŽƉƌŝŽƌŝƟnjĞĐĂŶĚŝĚĂƚĞƉƌŽũĞĐƚƐĨŽƌĂĐƟŽŶƐƚŚĂƚĂƌĞƌĞƐƉŽŶƐŝǀĞƚŽĐůŝŵĂƚĞĐŚĂŶŐĞĐŽŶĐĞƌŶƐ͕ǁŚĞŶ ĮŶĂŶĐŝĂůƌĞƐŽƵƌĐĞƐďĞĐŽŵĞĂǀĂŝůĂďůĞ͘
Stanislaus County
Regional Sustainability Toolbox
dŚĞŽƵŶƚLJŽĨ^ƚĂŶŝƐůĂƵƐĚĞǀĞůŽƉĞĚƚŚĞ^ƚĂŶŝƐůĂƵƐZĞŐŝŽŶĂů^ƵƐƚĂŝŶĂďŝůŝƚLJdŽŽůďŽdž;Z^dͿŝŶĐŽůůĂďŽƌĂƟŽŶǁŝƚŚĂůůŶŝŶĞŽĨƚŚĞ ŵƵŶŝĐŝƉĂůŝƟĞƐǁŝƚŚŝŶƚŚĞŽƵŶƚLJ͘dŚĞZ^dŝŶĐůƵĚĞƐŵƵůƟƉůĞƉůĂŶŶŝŶŐƚŽŽůƐƚŽĂĐŚŝĞǀĞĂŶŽǀĞƌĂůůƌĞĚƵĐƟŽŶŝŶ'ƌĞĞŶŚŽƵƐĞ'ĂƐ Emissions.
^ĂŶ:ŽĂƋƵŝŶŝƌWŽůůƵƟŽŶŽŶƚƌŽůŝƐƚƌŝĐƚ
dŚĞ^:sWĚŽĞƐŶŽƚŚĂǀĞĂŶĂĚŽƉƚĞĚƚŚƌĞƐŚŽůĚŽĨƐŝŐŶŝĮĐĂŶĐĞĨŽƌ','ĞŵŝƐƐŝŽŶƐ͖ŚŽǁĞǀĞƌ͕ƚŚĞ^:sWŚĂƐĂĚŽƉƚĞĚƚŚĞ Guidance for Valley Land-use Agencies in Addressing GHG Emission Impacts for New Projects under CEQA (December 17, 2009) and District Policy – ĚĚƌĞƐƐŝŶŐ','
ŵŝƐƐŝŽŶ/ŵƉĂĐƚƐĨŽƌ^ƚĂƟŽŶĂƌLJ^ŽƵƌĐĞWƌŽũĞĐƚƐhŶĚĞƌ
YtŚĞŶ^ĞƌǀŝŶŐĂƐƚŚĞ
Lead Agency (December 17, 2009).
City of Modesto
Climate Change Vulnerability Assessment
The City of Modesto’s Climate Change Vulnerability Assessment (CCVA) was adopted pursuant to State of California ƌĞƋƵŝƌĞŵĞŶƚƐ ĨŽƌ ĂĚĚƌĞƐƐŝŶŐ ĐůŝŵĂƚĞ ĐŚĂŶŐĞ ǀƵůŶĞƌĂďŝůŝƟĞƐ ĂŶĚ ĐůŝŵĂƚĞ ĐŚĂŶŐĞ ƌĞƐŝůŝĞŶĐLJ ĂƐ ƉĂƌƚ ŽĨ ƚŚĞ 'ĞŶĞƌĂů WůĂŶ (Modesto CCVA, 2022). The Climate ChanŐĞsƵůŶĞƌĂďŝůŝƚLJƐƐĞƐƐŵĞŶƚůŽŽŬƐƚŽŝĚĞŶƟĨLJĞdžƉŽƐƵƌĞ ƚŽĐƵƌƌĞŶƚĂŶĚƉƌŽũĞĐƚĞĚ ĐůŝŵĂƚĞĐŚĂŶŐĞŚĂnjĂƌĚƐ;ŝ͘Ğ͕͘ĂŐƌŝĐƵůƚƵƌĂůĂŶĚĞĐŽƐLJƐƚĞŵ ƉĞƐƚ͕ĂŝƌƋƵĂůŝƚLJ͕ĚƌŽƵŐŚƚ͕ĞdžƚƌĞŵĞŚĞĂƚ͕ŇŽŽĚŝŶŐ͕ ŚƵŵĂŶŚĞĂůƚŚ ŚĂnjĂƌĚƐ͕ ƐĞǀĞƌĞ ǁĞĂƚŚĞƌ͕ ĞƚĐ͘Ϳ͖ ŝĚĞŶƟĨLJ ƐĞŶƐŝƟǀŝƟĞƐ ĂŶĚ ƉŽƚĞŶƟĂů ŝŵƉĂĐƚƐ͖ ĂƐƐĞƐƐ ĂĚĂƉƟǀĞ ĐĂƉĂĐŝƚLJ͖ ĂŶĚ ƉƌŝŽƌŝƟnjĞ vulnerability scoring.
DISCUSSION
dŚĞƌĞƐƉŽŶƐĞƐǁŝƚŚŝŶƚŚŝƐƐĞĐƟŽŶĂƌĞďĂƐĞĚŽŶ Appendix A- Air Quality, Global Climate Change, and Energy Impact Analysis for the Stanislaus Elementary School 1,2,3-dWDŝƟŐĂƟŽŶWƌŽũĞĐƚĚĂƚĞĚĞĐĞŵďĞƌϭϰth, conducted by Ganddini. Results from the study are based on modeling from CalEEMod Version 2022.1.1.21, which was used to calculate the GHG emissions from #8..
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ƚŚĞĐŽŶƐƚƌƵĐƟŽŶŽĨƚŚĞƉƌŽƉŽƐĞĚWƌŽũĞĐƚ͘dŚĞĐŽŶƐƚƌƵĐƟŽŶ-related GHG emissions were included in the analysis and were based on a 30-LJĞĂƌĂŵŽƌƟnjĂƟŽŶƌĂƚĞ͘
a) 'ĞŶĞƌĂƚĞŐƌĞĞŶŚŽƵƐĞŐĂƐĞŵŝƐƐŝŽŶƐ͕ĞŝƚŚĞƌĚŝƌĞĐƚůLJŽƌŝŶĚŝƌĞĐƚůLJ͕ƚŚĂƚŵĂLJŚĂǀĞĂƐŝŐŶŝĮĐĂŶƚŝŵƉĂĐƚŽŶƚŚĞĞŶǀŝƌŽŶŵĞŶƚ͍ RESPONSE:
>ĞƐƐƚŚĂŶ^ŝŐŶŝĮĐĂŶƚ/ŵƉĂĐƚ͘dŚĞƉƌŽƉŽƐĞĚWƌŽũĞĐƚŝƐƚŚĂƚŽĨƚŚĞŝŶƐƚĂůůĂƟŽŶŽĨĂƉƉƌŽdžŝŵĂƚĞůLJϭϮ͕ϬϬϬůŝŶĞĂƌĨĞĞƚŽĨϭϮŝŶĐŚĚŝĂŵĞƚĞƌƉŝƉĞ͘dŚĞƌĞĨŽƌĞ͕ƚŚĞƉƌŽƉŽƐĞĚWƌŽũĞĐƚŚĂƐƚŚĞƉŽƚĞŶƟĂůƚŽŐĞŶĞƌĂƚĞ','ĞŵŝƐƐŝŽŶƐĨƌŽŵŵŽďŝůĞƐŽƵƌĐĞƐ ĂŶĚ ĐŽŶƐƚƌƵĐƟŽŶĞƋƵŝƉŵĞŶƚ͘ ,ŽǁĞǀĞƌ͕ ŝƚ ƐŚŽƵůĚbe noted that mobile sources were not included in the analysis as ĂĚĚŝƟŽŶĂůƐƚĂĸŶŐŶĞĞĚƐĨŽƌůŽŶŐ-ƚĞƌŵŽƉĞƌĂƟŽŶĂŶĚŵĂŝŶƚĞŶĂŶĐĞŽĨƚŚĞƉƌŽƉŽƐĞĚWƌŽũĞĐƚĂƌĞŶŽƚĂŶƟĐŝƉĂƚĞĚĂŶĚŽŶůLJ a minimal number of daily worker trips will ďĞŶĞĞĚĞĚĨŽƌƌŽƵƟŶĞŝŶƐƉĞĐƟŽŶƐĂŶĚŵĂŝŶƚĞŶĂŶĐĞ͘dŚĞƌĞĨŽƌĞ͕ĂĚĚŝƟŽŶĂů ǀĞŚŝĐůĞƚƌŝƉƐĂŶĚĞŵŝƐƐŝŽŶƐĂƐƐŽĐŝĂƚĞĚǁŝƚŚƚŚĞŽƉĞƌĂƟŽŶŽĨƚŚĞƉƌŽƉŽƐĞĚWƌŽũĞĐƚǁŽƵůĚďĞŶĞŐůŝŐŝďůĞ͘ Based on the parameters above, GHG emissions were calculated for the proposed Project and (without credit for any ƌĞĚƵĐƟŽŶƐĨƌŽŵƐƵƐƚĂŝŶĂďůĞĚĞƐŝŐŶ͕ĂŶĚͬŽƌƌĞŐƵůĂƚŽƌLJƌĞƋƵŝƌĞŵĞŶƚƐͿĂŶĚĂƌĞĂŶƟĐŝƉĂƚĞĚƚŽďĞϮϯ͘ϭDdKϮĞ;ĂŵŽƌƟnjĞĚ over 30-years) for ProjecƚĐŽŶƐƚƌƵĐƟŽŶ͘^ĞĞTable 12: Project-Related Greenhouse Gas Emissions below.
TABLE 12: PROJECT-RELATED GREENHOUSE GAS EMISSSIONS
Category
Greenhouse Gas Emissions (Metric Tons/Year)
Bio-CO2 NonBio-CO2 CO2 CH4 N2O CO2e
ŽŶƐƚƌƵĐƟŽŶ
ŵŝƐƐŝŽŶƐ1 0.00 23.00 23.00 0.00 0.00 23.10
Total Emissions 0.00 23.00 23.00 0.00 0.00 23.10
Source: Appendix A- Air Quality, Greenhouse Gas, Energy Technical Memorandum, Ganddini 2024.
Notes: CalEEMod Version 2022.1.1.14
(1) ŽŶƐƚƌƵĐƟŽŶ','ĞŵŝƐƐŝŽŶƐKϮĞďĂƐĞĚŽŶĂϯϬ-LJĞĂƌĂŵŽƌƟnjĂƟŽŶƌĂƚĞ͘ Since the City of Modesto ĚŽĞƐŶŽƚŚĂǀĞƚŚƌĞƐŚŽůĚƐŽĨƐŝŐŶŝĮĐĂŶĐĞ͕ƉƌŽũĞĐƚƐĐŽŵƉůLJŝŶŐǁŝƚŚĂŶĂƉƉƌŽǀĞĚ','ĞŵŝƐƐŝŽŶƐ ƌĞĚƵĐƟŽŶƉůĂŶŽƌ','ŵŝƟŐĂƟŽŶƉƌŽŐƌĂŵthat ĂǀŽŝĚƐŽƌƐƵďƐƚĂŶƟĂůůLJ ƌĞĚuces GHG emissions within the geographic ĂƌĞĂŝŶǁŚŝĐŚƚŚĞWƌŽũĞĐƚŝƐůŽĐĂƚĞĚǁŽƵůĚďĞĚĞƚĞƌŵŝŶĞĚƚŽŚĂǀĞĂůĞƐƐƚŚĂŶƐŝŐŶŝĮĐĂŶƚŝŶĚŝǀŝĚƵĂůĂŶĚĐƵŵƵůĂƟǀĞŝŵƉĂĐƚ for GHG emissions; therefore, the Project and its GHG emissions have been compared to the goals of the CARB Scoping Plan under CEQA. The Project is consistent with the CARB Scoping Plan as shown within Table 13: Project Consistency with CARB Scoping Plan Policies and Measures͖ƚŚĞƌĞĨŽƌĞ͕ƚŚĞWƌŽũĞĐƚĂŶƟĐŝƉĂƚĞƐůĞƐƐƚŚĂŶƐŝŐŶŝĮĐĂŶƚŝŵƉĂĐƚƐ͘ Under NEPA, a Project’s GHG emissions is set forth by the CEQ Guidance Document. Since the guidance document does ŶŽƚƉƌŽǀŝĚĞĂŶƵŵĞƌŝĐĂůƚŚƌĞƐŚŽůĚ͕ƚŚĞŽĚĞŽĨ&ĞĚĞƌĂůZĞŐƵůĂƟŽŶƐdŝƚůĞϰϬ͕ŚĂƉƚĞƌϭ͕^ƵďĐŚĂƉƚĞƌ͕WĂƌƚϵϴŝŶĐůƵĚĞƐ ŵĂŶĚĂƚŽƌLJ','ƌĞƉŽƌƟŶŐƌĞƋƵŝƌĞŵĞŶƚƐĐŽŶƐŝƐƟŶŐŽĨϮϱ͕ϬϬϬDdKĞƉĞƌLJĞĂƌƚŽĂƐƐĞƐƐƉƌŽũĞĐƚƐ͘Therefore, a threshold ŽĨϮϱ͕ϬϬϬDdKϮĞƉĞƌLJĞĂƌǁĂƐƵƟůŝnjĞĚƚŽĂƐƐĞƐƐƚŚĞŝŵƉĂĐƚƐŽĨƚŚĞGHG ĞŵŝƐƐŝŽŶƐŝŶƌĞůĂƟŽŶƚŽE W͘The proposed
Project’s GHG emissions do not exceed the threshold of 25,000 MTCO2e per year; as a result, the Project is less than ƐŝŐŶŝĮĐĂŶƚƉƵƌƐƵĂŶƚƚŽE
W͘
TŚĞWƌŽũĞĐƚŝƐĐŽŶƐŝƐƚĞŶƚǁŝƚŚ
Y'ƵŝĚĞůŝŶĞƐ^ĞĐƟŽŶϭϱϬϲϰŚ;ϯͿ10 the City, as lead agency, has determined that the WƌŽũĞĐƚ͛ƐĐŽŶƚƌŝďƵƟŽŶƚŽĐƵŵƵůĂƟǀĞ','ĞŵŝƐƐŝŽŶƐĂŶĚŐůŽďĂůĐůŝŵĂƚĞĐŚĂŶŐĞǁŽƵůĚďĞůĞƐƐƚŚĂŶƐŝŐŶŝĮĐĂŶƚŝĨƚŚĞWƌŽũĞĐƚ is consistent with the applicable regulatory plans and policies to reduce GHG emissions.
ƐĂƌĞƐƵůƚ͕ƚŚĞWƌŽũĞĐƚĚŽĞƐŶŽƚĂŶƟĐŝƉĂƚĞƐŝŐŶŝĮĐĂŶƚŝŵƉĂĐƚƐ͕ůĞƐƐƚŚĂŶƐŝŐŶŝĮĐĂŶƚŝŵƉĂĐƚƐ ĂƌĞĂŶƟĐŝƉĂƚĞĚ͘EŽDŝƟŐĂƟŽŶ Measures are needed.
10 The State CEQA Guidelines were amended in response to SB 97. In particular, the State CEQA Guidelines were amended to specify that compliance with a GHG emissions reduction program renders a cumulative impact insignificant. Per State CEQA Guidelines Section 15064(h)(3), a project’s incremental contribution to a cumulative impact can be found not cumulatively considerable if the project will comply with an approved plan or mitigation program that provides specific requirements that will avoid or substantially lessen the cumulative problem within the geographic area of the project. To qualify, such a plan or program must be specified in law or adopted by the public agency with jurisdiction over the affected resources through a public review process to implement, interpret, or make specific the law enforced or administered by the public agency. Examples of such programs include a “water quality control plan, air quality attainment or maintenance plan, integrated waste management plan, habitat conservation plan, natural community conservation plan, [and] plans or regulations for the reduction of greenhouse gas emissions.” #8..
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b) ŽŶŇŝĐƚǁŝƚŚĂŶĂƉƉůŝĐĂďůĞƉůĂŶ͕ƉŽůŝĐLJŽƌƌĞŐƵůĂƟŽŶĂĚŽƉƚĞĚĨŽƌƚŚĞƉƵƌƉŽƐĞŽĨƌĞĚƵĐŝŶŐƚŚĞĞŵŝƐƐŝŽŶƐŽĨŐƌĞĞŶŚŽƵƐĞ gases?
RESPONSE:
>ĞƐƐƚŚĂŶ^ŝŐŶŝĮĐĂŶƚ/ŵƉĂĐƚ. At a level of 23.1 MTCO2e per year, the Project's GHG emissions would be in compliance ǁŝƚŚƚŚĞƌĞĚƵĐƟŽŶŐŽĂůƐŽĨƚŚĞZ^ĐŽƉŝŶŐWůĂŶ͕-32 and SB-32. Furthermore, the Project will comply with applicable Green Building Standards and the City of Modesto’s policies regarding sustainability (as dictated by the City's General WůĂŶͿ͘'ŝǀĞŶ ƚŚĞWƌŽũĞĐƚ͛ƐĐŽŶƐŝƐƚĞŶĐLJǁŝƚŚ ƚŚĞZ^ĐŽƉŝŶŐWůĂŶ͕ ƚŚĞWƌŽũĞĐƚǁŽƵůĚŶŽƚĐŽŶŇŝĐƚǁŝƚŚĂŶLJĂƉƉůŝĐĂďůĞ ƉůĂŶ͕ ƉŽůŝĐLJ͕ Žƌ ƌĞŐƵůĂƟŽŶ ŽĨ ĂŶ ĂŐĞŶĐLJ ĂĚŽƉƚĞĚ ĨŽr the purpose of reducing the emissions of GHGs. Given this consistency, it is concluded thĂƚƚŚĞWƌŽũĞĐƚ͛ƐŝŶĐƌĞŵĞŶƚĂůĐŽŶƚƌŝďƵƟŽŶƚŽŐƌĞĞŶŚŽƵƐĞŐĂƐĞŵŝƐƐŝŽŶƐĂŶĚƚŚĞŝƌĞīĞĐƚƐŽŶ ĐůŝŵĂƚĞĐŚĂŶŐĞǁŽƵůĚŶŽƚďĞĐƵŵƵůĂƟǀĞůLJĐŽŶƐŝĚĞƌĂďůĞ͘
/ŵƉĂĐƚƐĂƌĞĐŽŶƐŝĚĞƌĞĚƚŽďĞůĞƐƐƚŚĂŶƐŝŐŶŝĮĐĂŶƚ͖ŶŽDŝƟŐĂƟŽŶDĞĂƐƵƌĞƐĂƌĞŶĞĞĚĞĚ͘ TABLE 13: PROJECT CONSISTENCY WITH CARB SCOPING PLAN POLICIES AND MEASURES 2008 Scoping Plan Measures to Reduce Greenhouse Gas Emissions Project Compliance with Measure California Light-Duty Vehicle Greenhouse Gas Standards – Implement adopted standards and planned second phase of the program. Align zero- ĞŵŝƐƐŝŽŶǀĞŚŝĐůĞ͕ĂůƚĞƌŶĂƟǀĞĂŶĚƌĞŶĞǁĂďůĞĨƵĞůĂŶĚǀĞŚŝĐůĞ technology programs with long-term climate change goals.
EŽŽŶŇŝĐƚ͘dŚĞƐĞĂƌĞZĞŶĨŽƌĐĞĚƐƚĂŶĚĂƌĚƐ͖ǀĞŚŝĐůĞƐƚŚĂƚĂĐĐĞƐƐ the Project (that are required to comply with the standards) will comply with the strategy.
ŶĞƌŐLJ
ĸĐŝĞŶĐLJ– DĂdžŝŵŝnjĞĞŶĞƌŐLJĞĸĐŝĞŶĐLJďƵŝůĚŝŶŐĂŶĚĂƉƉůŝĂŶĐĞ ƐƚĂŶĚĂƌĚƐ͖ƉƵƌƐƵĞĂĚĚŝƟŽŶĂůĞĸĐŝĞŶĐLJŝŶĐůƵĚŝŶŐŶĞǁƚĞĐŚŶŽůŽŐŝĞƐ͕ ƉŽůŝĐLJ͕ĂŶĚŝŵƉůĞŵĞŶƚĂƟŽŶŵĞĐŚĂŶŝƐŵƐ͘WƵƌƐƵĞĐŽŵƉĂƌĂďůĞ ŝŶǀĞƐƚŵĞŶƚŝŶĞŶĞƌŐLJĞĸĐŝĞŶĐLJĨƌŽŵĂůůƌĞƚĂŝůƉƌŽǀŝĚĞƌƐŽĨelectricity in California.
EŽŽŶŇŝĐƚ͘dŚĞWƌŽũĞĐƚǁŝůůďĞĐŽŵƉůŝĂŶƚǁŝƚŚĂŶLJĂƉƉůŝĐĂďůĞ ƉŽƌƟŽŶƐŽĨƚŚĞĐƵƌƌĞŶƚdŝƚůĞϮϰƐƚĂŶĚĂƌĚƐ͘
Low Carbon Fuel Standard – Develop and adopt the Low Carbon Fuel Standard.
EŽŽŶŇŝĐƚ͘dŚĞƐĞĂƌĞZĞŶĨŽƌĐĞĚƐƚĂŶĚĂƌĚƐ͖ǀĞŚŝĐůĞƐƚŚĂƚĂĐĐĞƐƐ the Project (that are required to comply with the standards) will comply with the strategy.
sĞŚŝĐůĞ
ĸĐŝĞŶĐLJDĞĂƐƵƌĞƐ– Implement light-ĚƵƚLJǀĞŚŝĐůĞĞĸĐŝĞŶĐLJ measures.
EŽŽŶŇŝĐƚ͘dŚĞƐĞĂƌĞZĞŶĨŽƌĐĞĚƐƚĂŶĚĂƌĚƐ͖ǀĞŚŝĐůĞƐƚŚĂƚĂĐĐĞƐƐ the Project (that are required to comply with the standards) will comply with the strategy.
Medium/Heavy-Duty Vehicles – Adopt medium and heavy-duty vehicle ĞĸĐŝĞŶĐLJŵĞĂƐƵƌĞƐ͘
EŽŽŶŇŝĐƚ͘dŚĞƐĞĂƌĞZĞŶĨŽƌĐĞĚƐƚĂŶĚĂƌĚƐ͖ǀĞŚŝĐůĞƐƚŚĂƚĂĐĐĞƐƐ the Project (that are required to comply with the standards) will comply with the strategy.
Green Building Strategy –
džƉĂŶĚƚŚĞƵƐĞŽĨŐƌĞĞŶďƵŝůĚŝŶŐƉƌĂĐƟĐĞƐƚŽ
ƌĞĚƵĐĞƚŚĞĐĂƌďŽŶĨŽŽƚƉƌŝŶƚŽĨĂůŝĨŽƌŶŝĂ͛ƐŶĞǁĂŶĚĞdžŝƐƟŶŐŝŶǀĞŶƚŽƌLJ of buildings.
EŽŽŶŇŝĐƚ͘dŚĞĂůŝĨŽƌŶŝĂ'ƌĞĞŶƵŝůĚŝŶŐ^ƚĂŶĚĂƌĚƐŽĚĞ;ƉƌŽƉŽƐĞĚ Part 11, Title 24) was adopted as part of the California Building Standards Code in the CCR. Part 11 establishes voluntary standards, ƚŚĂƚĂƌĞŵĂŶĚĂƚŽƌLJŝŶƚŚĞϮϬϭϵĞĚŝƟŽŶŽĨƚŚĞŽĚĞ͕ŽŶ planning and ĚĞƐŝŐŶĨŽƌƐƵƐƚĂŝŶĂďůĞƐŝƚĞĚĞǀĞůŽƉŵĞŶƚ͕ĞŶĞƌŐLJĞĸĐŝĞŶĐLJ;ŝŶĞdžĐĞƐƐ ŽĨƚŚĞĂůŝĨŽƌŶŝĂ
ŶĞƌŐLJŽĚĞƌĞƋƵŝƌĞŵĞŶƚƐͿ͕ǁĂƚĞƌĐŽŶƐĞƌǀĂƟŽŶ͕
ŵĂƚĞƌŝĂůĐŽŶƐĞƌǀĂƟŽŶ͕ĂŶĚŝŶƚĞƌŶĂůĂŝƌĐŽŶƚĂŵŝŶĂŶƚƐ͘/ŶĂĚĚŝƟŽŶ͕ƚŚĞ ϮϬϮϮĞĚŝƟŽŶŽĨƚŚĞŽĚĞƚŽŽŬĞīĞĐƚ January 1, 2023. The Project is ƚŚĞŝŶƐƚĂůůĂƟŽŶŽĨĂǁĂƚĞƌƉŝƉĞůŝŶĞ͕ŚŽǁĞǀĞƌ͕ŝƚWƌŽũĞĐƚǁŝůůďĞƐƵďũĞĐƚ ƚŽĂŶLJĂƉƉůŝĐĂďůĞƉŽƌƟŽŶƐŽĨƚŚĞƐĞŵĂŶĚĂƚŽƌLJƐƚĂŶĚĂƌĚƐ͘ ,ŝŐŚ'ůŽďĂůtĂƌŵŝŶŐWŽƚĞŶƟĂů'ĂƐĞƐ– Adopt measures to reduce high ŐůŽďĂůǁĂƌŵŝŶŐƉŽƚĞŶƟĂůŐĂƐĞƐ͘
EŽŽŶŇŝĐƚ͘ZŝĚĞŶƟĮĞĚĮǀĞŵĞĂƐƵƌĞƐƚŚĂƚƌĞĚƵĐĞ,& ĞŵŝƐƐŝŽŶƐĨƌŽŵǀĞŚŝĐƵůĂƌĂŶĚĐŽŵŵĞƌĐŝĂůƌĞĨƌŝŐĞƌĂƟŽŶƐLJƐƚĞŵƐ͖ vehicles that access the Project that are required to comply with the measures will comply with the strategy.
Recycling and Waste – ZĞĚƵĐĞŵĞƚŚĂŶĞĞŵŝƐƐŝŽŶƐĂƚůĂŶĚĮůůƐ͘/ŶĐƌĞĂƐĞ ǁĂƐƚĞĚŝǀĞƌƐŝŽŶ͕ĐŽŵƉŽƐƟŶŐ͕ĂŶĚĐŽŵŵĞƌĐŝĂůƌĞĐLJĐůŝŶŐ͘DŽǀĞƚŽǁĂƌĚ zero waste.
EŽŽŶŇŝĐƚ͘dŚĞƐƚĂƚĞŝƐĐƵƌƌĞŶƚůLJĚĞǀĞůŽƉŝŶŐĂƌĞŐƵůĂƟŽŶƚŽƌĞĚƵĐĞ ŵĞƚŚĂŶĞĞŵŝƐƐŝŽŶƐĨƌŽŵŵƵŶŝĐŝƉĂůƐŽůŝĚǁĂƐƚĞůĂŶĚĮůůƐ͘dŚĞWƌŽũĞĐƚ will be required to comply with local programs, such as City and/or ŽƵŶƚLJƌĞĐLJĐůŝŶŐĂŶĚǁĂƐƚĞƌĞĚƵĐƟŽŶƉƌŽŐƌĂŵƐ͕ǁŚŝch comply, with ƚŚĞϳϱƉĞƌĐĞŶƚƌĞĚƵĐƟŽŶƌĞƋƵŝƌĞĚďLJϮϬϮϬƉĞƌϯϰϭ͘
Water – ŽŶƟŶƵĞĞĸĐŝĞŶĐLJƉƌŽŐƌĂŵƐĂŶĚƵƐĞĐůĞĂŶĞƌĞŶĞƌŐLJƐŽƵƌĐĞƐ to move and treat water.
EŽŽŶŇŝĐƚ͘dŚĞWƌŽũĞĐƚŝƐƚŚĞŝŶƐƚĂůůĂƟŽŶŽĨĂŶĞǁǁĂƚĞƌƉŝƉĞůŝŶĞ and will comply with all applicable City ordinances and CAL Green requirements.
ϮϬϭϳ^ĐŽƉŝŶŐWůĂŶZĞĐŽŵŵĞŶĚĞĚĐƟŽŶƐƚŽZĞĚƵĐĞ','
ŵŝƐƐŝŽŶƐ WƌŽũĞĐƚŽŵƉůŝĂŶĐĞǁŝƚŚZĞĐŽŵŵĞŶĚĞĚĐƟŽŶ
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STANISLAUS ELEMENTARY SCHOOL 1,2,3-TCP MITIGATION PROJECT CITY OF MODESTO PAGE 63
November 2024
Implement Mobile Source Strategy: Further increase GHG stringency on all light-ĚƵƚLJǀĞŚŝĐůĞƐďĞLJŽŶĚĞdžŝƐƟŶŐĚǀĂŶĐĞĚůĞĂŶĂƌ ƌĞŐƵůĂƟŽŶƐ͘
EŽŽŶŇŝĐƚ͘dŚĞƐĞĂƌĞZĞŶĨŽƌĐĞĚƐƚĂŶĚĂƌĚƐ͖ǀĞŚŝĐůĞƐƚŚĂƚĂĐĐĞƐƐ the Project (that are required to comply with the standards) will comply with the strategy.
Implement Mobile Source Strategy: At least 1.5 million zero emission and plug-in hybrid light-duty electric vehicles by 2025 and at least 4.2 million zero emission and plug-in hybrid light-duty electric vehicles by 2030.
EŽŽŶŇŝĐƚ͘dŚĞƐĞĂƌĞZĞŶĨŽƌĐĞĚƐƚĂŶĚĂƌĚƐ͖ǀĞŚŝĐůĞƐƚŚĂƚĂĐĐĞƐƐ the Project (that are required to comply with the standards) will comply with the strategy.
/ŵƉůĞŵĞŶƚDŽďŝůĞ^ŽƵƌĐĞ^ƚƌĂƚĞŐLJ͗/ŶŶŽǀĂƟǀĞůĞĂŶdƌĂŶƐŝƚ͗dƌĂŶƐŝƟŽŶ to a suite of to-be-ĚĞƚĞƌŵŝŶĞĚŝŶŶŽǀĂƟǀĞĐůĞĂŶƚƌĂŶƐŝƚŽƉƟŽŶƐ͘ Assumed 20 percent of new urban buses purchased beginning in 2018 ǁŝůůďĞnjĞƌŽĞŵŝƐƐŝŽŶďƵƐĞƐǁŝƚŚƚŚĞƉĞŶĞƚƌĂƟŽŶŽĨnjĞro-emission technology ramped up to 100 percent of new sales in 2030. Also, new ŶĂƚƵƌĂůŐĂƐďƵƐĞƐ͕ƐƚĂƌƟŶŐŝŶϮϬϭϴ͕ĂŶĚĚŝĞƐĞůďƵƐĞƐ͕ƐƚĂƌƟŶŐŝŶϮϬϮϬ͕ ŵĞĞƚƚŚĞŽƉƟŽŶĂůŚĞĂǀLJ-duty low-NOX standard.
EŽŽŶŇŝĐƚ͘dŚĞƐĞĂƌĞZĞŶĨŽƌĐĞĚƐƚĂŶĚĂƌĚƐ͖ǀĞŚŝĐůĞƐƚŚĂƚĂĐĐĞƐƐ the Project (that are required to comply with the standards) will comply with the strategy.
/ŵƉůĞŵĞŶƚDŽďŝůĞ^ŽƵƌĐĞ^ƚƌĂƚĞŐLJ͗>ĂƐƚDŝůĞĞůŝǀĞƌLJ͗EĞǁƌĞŐƵůĂƟŽŶ that would result in the use of low NOX or cleaner engines and the deployment of increasing numbers of zero-emission trucks primarily for class 3-7 last mile delivery trucks in California. This measure assumes ZEVs comprise 2.5 percent of new Class 3–ϳƚƌƵĐŬƐĂůĞƐŝŶůŽĐĂůŇĞĞƚƐ ƐƚĂƌƟŶŐŝŶϮϬϮϬ͕ŝŶĐƌĞĂƐŝŶŐƚŽϭϬƉĞƌĐĞŶƚŝŶϮϬϮϱĂŶĚƌĞŵĂŝŶŝŶŐŇĂƚ through 2030.
EŽŽŶŇŝĐƚ͘dŚĞƐĞĂƌĞZĞŶĨŽƌĐĞĚƐƚĂŶĚĂƌĚƐ͖ǀĞŚŝĐůĞƐƚŚĂƚĂĐĐĞƐƐ the Project (that are required to comply with the standards) will comply with the strategy.
Implement SB 350 by 2030: Establish annual targets for statewide ĞŶĞƌŐLJĞĸĐŝĞŶĐLJƐĂǀŝŶŐƐĂŶĚĚĞŵĂŶĚƌĞĚƵĐƟŽŶƚŚĂƚǁŝůůĂĐŚŝĞǀĞĂ ĐƵŵƵůĂƟǀĞĚŽƵďůŝŶŐŽĨƐƚĂƚĞǁŝĚĞĞŶĞƌŐLJĞĸĐŝĞŶĐLJƐĂǀŝŶŐƐŝŶĞůĞĐƚƌŝĐŝƚLJ and natural gas end uses by 2030.
EŽŽŶŇŝĐƚ͘dŚĞWƌŽũĞĐƚŝƐƚŚĞŝŶƐƚĂůůĂƟŽŶŽĨĂǁĂƚĞƌƉŝƉĞůŝŶĞ͘ However, ƚŚĞWƌŽũĞĐƚǁŝůůďĞĐŽŵƉůŝĂŶƚǁŝƚŚĂŶLJĂƉƉůŝĐĂďůĞƉŽƌƟŽŶƐ of the current Title 24 standards.
LJϮϬϭϵ͕ĚĞǀĞůŽƉƌĞŐƵůĂƟŽŶƐĂŶĚƉƌŽŐƌĂŵƐƚŽƐƵƉƉŽƌƚŽƌŐĂŶŝĐǁĂƐƚĞ ůĂŶĚĮůůƌĞĚƵĐƟŽŶŐŽĂůƐŝŶƚŚĞ^>WĂŶĚ^ϭϯϴϯ͘
EŽŽŶŇŝĐƚ͘dŚĞƉƌŽũĞĐƚǁŝůůďĞƌĞƋƵŝƌĞĚƚŽĐŽŵƉůLJǁŝƚŚůŽĐĂů ƉƌŽŐƌĂŵƐ͕ƐƵĐŚĂƐŝƚLJĂŶĚͬŽƌŽƵŶƚLJƌĞĐLJĐůŝŶŐĂŶĚǁĂƐƚĞƌĞĚƵĐƟŽŶ ƉƌŽŐƌĂŵƐ͕ǁŚŝĐŚĐŽŵƉůLJ͕ǁŝƚŚƚŚĞϳϱƉĞƌĐĞŶƚƌĞĚƵĐƟŽŶƌĞƋƵŝƌĞĚďLJ 2020 per AB 341.
ϮϬϮϮ^ĐŽƉŝŶŐWůĂŶWƌŝŽƌŝƚLJ<ĞLJĐƟŽŶƐĂŶĚZĞĐŽŵŵĞŶĚĂƟŽŶƐ WƌŽũĞĐƚŽŵƉůŝĂŶĐĞǁŝƚŚZĞĐŽŵŵĞŶĚĞĚĐƟŽŶƐ 100 percent of light-duty vehicle sales are ZEVs by 2035. EŽƚƉƉůŝĐĂďůĞ͘dŚŝƐĂĐƟŽŶŝƐŝŶƌĞŐĂƌĚƚŽǀĞŚŝĐůĞƐĂůĞƐ͕ǁŝƚŚĂŶĂŝŵ to have 100 percent of light-duty vehicle sales be ZEVs by 2035. The proposed Project would not interfere with such policymaking.
VMT per capita reduced 25 percent below 2019 levels by 2030 and 30 percent below 2019 levels by 2045.
EŽŽŶŇŝĐƚ͘dŚĞWƌŽũĞĐƚǁŽƵůĚŶŽƚƌĞƐƵůƚŝŶĂŶƵŶŵŝƟŐĂƚĞĚŝŵƉĂĐƚƚŽ sDd͘ĚĚŝƟŽŶĂůƐƚĂĸŶŐŶĞĞĚƐĨŽƌůŽŶŐ-ƚĞƌŵŽƉĞƌĂƟŽŶĂŶĚ ŵĂŝŶƚĞŶĂŶĐĞŽĨƚŚĞƉƌŽƉŽƐĞĚWƌŽũĞĐƚĂƌĞŶŽƚĂŶƟĐŝƉĂƚĞĚĂŶĚŽŶůLJĂ ŵŝŶŝŵĂůŶƵŵďĞƌŽĨĚĂŝůLJǁŽƌŬĞƌƚƌŝƉƐĂƌĞĂŶƟĐŝƉĂƚĞĚƚŽĐŽŶĚuct ƌŽƵƟŶĞŝŶƐƉĞĐƟŽŶƐĂŶĚĞŶƐƵƌĞƉƌŽƉĞƌůŽŶŐ-term maintenance. dŚĞƌĞĨŽƌĞ͕ƚŚĞĂĚĚŝƟŽŶĂůǀĞŚŝĐůĞƚƌŝƉƐĨƌŽŵƚŚĞĞdžŝƐƟŶŐŽƉĞƌĂƟŽŶƐ ĂƐƐŽĐŝĂƚĞĚǁŝƚŚƚŚĞŽƉĞƌĂƟŽŶŽĨƚŚĞƉƌŽƉŽƐĞĚWƌŽũĞĐƚǁŽƵůĚďĞ minimal.
ůůĞůĞĐƚƌŝĐĂƉƉůŝĂŶĐĞƐŝŶŶĞǁĐŽŶƐƚƌƵĐƟŽŶďĞŐŝŶŶŝŶŐϮϬϮϲ;ƌĞƐŝĚĞŶƟĂůͿ and 2029 (commercial).
EŽƚƉƉůŝĐĂďůĞ͘dŚŝƐĂĐƟŽŶŝƐŝŶƌĞŐĂƌĚƚŽƌĞƐŝĚĞŶƟĂůĂŶĚĐŽŵŵĞƌĐŝĂů ĂƉƉůŝĂŶĐĞƐĂŶĚƚŚĞƉƌŽƉŽƐĞĚWƌŽũĞĐƚŝƐĂǁĂƚĞƌƉŝƉĞůŝŶĞŝŶƐƚĂůůĂƟŽŶ Project and would not interfere with such policymaking. &ŽƌĞdžŝƐƟŶŐƌĞƐŝĚĞŶƟĂůďƵŝůĚŝŶŐƐ͕ϴϬƉĞƌĐĞŶƚŽĨĂƉƉůŝĂŶĐĞƐĂůĞƐĂƌĞ electric by 2030 and 100 percent of appliance sales are electric by 2035 ;ĂƉƉůŝĂŶĐĞƐƌĞƉůĂĐĞĚĂƚĞŶĚŽĨůŝĨĞͿ͘&ŽƌĞdžŝƐƟŶŐĐŽŵŵĞƌĐŝĂůďƵŝůĚŝŶŐƐ͕ 80 percent of appliance sales are electric by 2030 and 100 percent of appliance sales are electric by 2045 (appliances replaced at end of life) EŽƚƉƉůŝĐĂďůĞ͘dŚŝƐĂĐƟŽŶŝƐŝŶƌĞŐĂƌĚƚŽĂƉƉůŝĂŶĐĞƐĂůĞƐĂŶĚƚŚĞ ƉƌŽƉŽƐĞĚWƌŽũĞĐƚŝƐĂǁĂƚĞƌƉŝƉĞůŝŶĞŝŶƐƚĂůůĂƟŽŶWƌŽũĞĐƚĂŶĚǁŽƵůĚ not interfere with such policymaking.
Source: Appendix A (Ganddini, 2023); CARB Scoping Plan (2008, 2017, & 2022) #8..
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9. HAZARDS AND HAZARDOUS MATERIALS
Issues
Potentially
Significant Impact
Less than Significant
Impact with
Mitigation
Incorporated
Less than Significant
Impact No Impact
IX. HAZARDS AND HAZARDOUS MATERIALS. Would the Project:
a) Create a significant hazard
to the public or the
environment through the
routine transport, use, or
disposal of hazardous
materials?
b) Create a significant hazard
to the public or the
environment through
reasonably foreseeable
upset and accident
conditions involving the
release of hazardous
materials into the
environment?
c) Emit hazardous emissions or
handle hazardous or acutely
hazardous materials,
substances, or waste within
one-quarter mile of an
existing or proposed school?
d) Be located on a site which is
included on a list of
hazardous materials sites
compiled pursuant to
Government Code
§ 65962.5 and, as a result,
would it create a significant
hazard to the public or the
environment?
e) For a Project located within
an airport land use plan or,
where such a plan has not
been adopted, within two
miles of a public airport or
public use airport, would the
Project result in a safety
hazard or excessive noise for
people residing or working
in the Project area?
f) Impair implementation of or
physically interfere with an
adopted emergency
response plan or emergency
evacuation plan?
g) Expose people or structures,
either directly or indirectly,
to a significant risk of loss,
injury or death involving
wildland fires?
REGULATORY COMPLIANCE
U.S. Environmental Protection Agency (EPA)
The EPA provides federal regulations regarding the adequate hazardous waste management. The EPA was given authority by Congress to develop the Resource Conservation and Recovery (RCRA) program through the RCRA Act. The Act created the #8..
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framework from the proper management of hazardous and non-hazardous solid waste. Under RCRA, the EPA regulates hazardous waste from generation to disposal, referred to as “cradle to grave.” Over the years, the EPA has led several hazardous waste initiatives to meet growing challenges that come with hazardous waste management. The EPA has created standards, exclusions, and exemptions for certain types of wastes including Universal Waste, Household Hazardous Waste, Pharmaceutical hazardous waste, etc.
California Department of Toxic Substances Control (DTSC) California Department of Toxic Substances Control (DTSC) has primary responsibility for regulating hazardous materials in California under authority of Resource Conservation and Recovery Act and the California Health and Safety Code and California Hazardous Waste Control Law. Other entities with responsibility for hazardous materials regulation include:
Regional Water Quality Control Board – under authority of the Porter Cologne Water Quality Control Act of 1969 California Department of Pesticide Regulations, Department of Food and Agriculture, and the Department of Public Health – under authority of California Code of Regulations Title 3 and Title 22 California Department of Industrial Relations, Division of OSHA – under authority of California Code of Regulations Title 8
California Air Toxic “Hot Spots” (AB 2588) Program – under authority of the California Safety Code & SJVAPCD Air Toxics Program
In addition to various regulations, the DTSC also provides an Emergency Response Unit (ERU). The ERU is in place to issue “statewide response to actual and potential released of hazardous substances that pose an acute threat to public health and/ or the environment” (DTSC 2022).
California Division of Occupational Safety and Health (CAL-OSHA) CAL-OSHA enforces worker safety requirements, which contains standards specifically for hazardous waste operations, emergency response, safety, and preparedness. CAL-OSHA standards must be implemented during general industry and construction activities.
National Pollutant Discharge Elimination System
The National Pollutant Discharge Elimination System (NPDES) is a permit program led and managed by the U.S. Environmental Protection Agency Office of Wastewater Management in coordination with EPA regional offices. The NPDES permit program ensures water quality is not degraded by the discharge of stormwater from construction Projects. The NPDES General Construction Permit applies to Projects that plan to disturb more than one acre or lore of land during construction.
Compliance with permitting requirements called for a Storm Water Pollution Prevention Plan (SWPPP).
CertifiedUnified Program Agency (CUPA)
The Certified Unified Program Agency (CUPA) is a program that consolidates the administrative requirements, permit, inspections, and enforcement activities of multiple environmental and emergency response programs. California Environmental Protection Agency and other state agencies set the standards for the Program, while local governments enforce their standards via CUPAs. Stanislaus’s CUPA is part of the Environmental Health Department, which was an action approved by the State for Stanislaus. This department administers/ oversees the Hazardous Waste Management Plan, Underground Storage Tank Program, Above Ground Storage Tank Program, California Accidental Release Prevention Program, Household Hazardous Waste Collection Program, Medical Waste Program, Hazardous Materials Disclosure Program (including Hazardous Materials Business Plans) (Stanislaus County GP EIR, 2016).
Stanislaus County Local Hazard Mitigation Plan
The Stanislaus County Local Hazard Mitigation Plan (LHMP) is intended to reduce impacts to hazards for prevention of negative public health and the environmental implications. The LHMP establishes plans for disasters in order to improve response times and outcomes in the event disaster occurs. The LHMP results in direct benefits (reduced loss of life; reduced loss of property and essential services; reduce economic hardships; reduced construction costs; increased cooperation and communication within the community through the planning processes; and expedited post-disaster funding) and indirect benefits (disaster resilience; environmental quality; economic vitality; and improved quality of life) (Stanislaus County LHMP 2017).
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The basic elements involved in our Hazard Mitigation Plan include:
- Prerequisite - This section addresses the formal adoption of the plan by each governing body to demonstrate the commitment of the community and elected officials to the County's goal of becoming disaster-resistant. - Community Profile - This section provides the history and background of the County, including population trends and the demographic and economic conditions that have shaped the area. - Planning Process - This section identifies the planning process, the Planning Team members, the meetings held as part of the planning process, documents the outreach efforts, and the review and incorporation of existing plans, reports, and other appropriate information.
- Risk Assessment - This section describes the process through which the Planning Team and our local partners identified, screened, and selected the hazards to be profiled. The hazard analysis includes the description, location, extent, and probability of future events for each hazard. - Mitigation Plan/Strategy - The mitigation strategy section provides a plan for reducing the potential losses identified in the vulnerability analysis. Mitigation goals and potential actions to minimize the risks and losses associated with each hazard will be described along with a strategy for implementation. - Plan Maintenance - This section describes the method and schedule for monitoring, evaluating and updating the plan to ensure that the LHMP remains an active and applicable document.
Stanislaus County Emergency Operations Plan
The Stanislaus County Emergency Operations Plan (EOP) is a plan for response to potential disasters within County Limits.
The EOP addresses the planned response to emergency situations and recovery efforts throughout the County. In order to adequately address such issues, the EOP establishes the following:
- Establishes the emergency management organization required to mitigate any significant emergency or disaster affecting Stanislaus County.
- Identifies the roles and responsibilities required to protect the health and safety of Stanislaus County residents, public and private property, and the environmental effects of natural, man-made, and technological emergencies and disasters.
- Establishes the operational concepts associated with a field response to emergencies, the Stanislaus County Emergency Operations Center (EOC) activities, and the recovery process.
The Stanislaus County Emergency Operations Center (EOC) serves the Stanislaus Operational Area for coordination and communications between the Stanislaus County Operational Area Member Jurisdictional EOCs and the Inland Region. The EOC also coordinates with local mutual aid coordinators including fire, law enforcement, emergency management, publicworks, and medical-health specific resources.
City of Modesto Fire Department
The City’s Fire Department responds to emergencies related to hazardous materials within City Limits and provides review and approval on individual projects that would generate and/or transport hazardous waste. Depending on project requirements, approvals may require a hazardous material transportation program. City policies for hazardous waste management are outlined in the City’s General Plan and discussed in the following section. The City Fire Department reviews and approves hazardous materials transportation programs pursuant to UAGP Policy VI.M.4.
DISCUSSION
a) Create a significant hazard to the public or the environment through the routine transport, use, or disposal of hazardous materials?
RESPONSE:
Less than Significant Impact. As defined by the California Health and Safety Code Section 25501, “hazardous material” is any materials with “quantity, concentration, or physical or chemical characteristics” that “poses a significant or potential hazard to human health and safety or to the environmental of released into the workplace or the environment” (CHSC Section 25501). Within Modesto City Limits and the Urban Area General Plan (UAGP), hazardous materials come from groundwater point source pollution (Leaking Underground Storage Tanks, Superfund Sites (the “Modesto Groundwater Contamination” site), etc.); and nonpoint source pollution (animal wastes, solvents, household chemicals, etc.) (Modesto EIR GP, 2019).
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Response to human-induced and natural hazards within City Limits is the City’s primary duty. The City’s municipal code is intended to protect the health, safety, and welfare of its population. Stanislaus County is one of California’s leading agricultural producers. Hazardous Materials associated within agricultural and livestock production include pesticide use and other potentially hazardous chemicals. However, Stanislaus County and the City of Modesto have established Hazardous Waste Management Plans that mitigate potential upsets during routine transport, use, and disposal of hazardous materials. The Hazardous Waste Management Plans indicate the Best Management Practices and procedures needed prior to, during, and upon disposal of hazardous materials, and are established by the Stanislaus County Hazardous Material Division of the Department of Environmental Resources. BMPs include waste must be in its original container, no leaking, waste per visit must not exceed 15 gallons or 125 lbs, and discard must occur completely empty containers into the trash.
Project construction will involve the use of heavy equipment and chemicals including the transport of diesel fuel for construction equipment to and from the Project. As a result, the Project will comply with Modesto General Plan Policy HM-3 (See Table 14: Consistency with Modesto Hazardous Waste Policies and Mitigation Measures), which indicates the Project will comply with all Federal, State, and Local Regulations pertaining to transport, use, or disposal of hazardous materials via enforcement of the County’s Hazardous Waste Management Plan and City of Modesto’s plan check and review process. See Regulatory Compliance above. In addition, due to the consistency with Modesto’s General Plan Policies and Proposed Mitigation Measures as shown in Table 14: Consistency with Modesto Hazardous Waste Policies and Mitigation Measures below, the Project displays conformance with the approved General Plan.
Upon the completion of Project construction, the Project does not anticipate the use of hazardous materials at the Project Location. As a result of the reasons above, less than significant impacts related to a significant hazard to the public or the environment through the routine transport, use, or disposal of hazardous materials. No Mitigation Measures are needed.
TABLE 14: CONSISTENCY WITH MODESTO HAZARDOUS WASTE APPLICABLE GP MITIGATING POLICIES City of Modesto Policies for Hazardous Materials Management Project Compliance HM-ϯ͘ŽŵƉůLJǁŝƚŚĂůůĞdžŝƐƟŶŐĨĞĚĞƌĂůĂŶĚƐƚĂƚĞůĂǁƐǁŚŝĐŚƌĞŐƵůĂƚĞƚŚĞ ŐĞŶĞƌĂƟŽŶ͕ƚƌĂŶƐƉŽƌƚĂƟŽŶ͕ƐƚŽƌĂŐĞ͕ĂŶĚĚŝƐƉŽƐĂůŽĨŚĂnjĂƌĚŽƵƐŵĂƚĞƌŝĂůƐ͘ (Policy VI.M.1)
Throughout Project ĐŽŶƐƚƌƵĐƟŽŶ͕ ƚŚĞ Project will comply with ƌĞŐƵůĂƟŽŶƐŽŶŚĂnjĂƌĚŽƵƐǁĂƐƚĞ͕ĚŝƐƉŽƐĂů͕ĂŶĚƐƚŽƌĂŐĞƉƵƌƐƵĂŶƚƚŽ the County of Stanislaus Hazardous Waste Management Plan enforced via the City of Modesto’s plan check and review process ĂŶĚ ŝŶ ĐŽŽƌĚŝŶĂƟŽŶ ǁŝƚŚ ^ƚĂŶŝƐůĂƵƐ hW͘ dŚĞ ŝƚLJ of Modesto, CALTRANS, and State plan check, review process and on-site ŝŶƐƉĞĐƟŽŶƐǁŝůůĞŶƐƵƌĞ ƚŚĞ WůĂŶ ƉůĂŶƐ ĂŶĚ ĂĐƟǀŝƟĞƐ ĂƌĞ ĐŽŵƉůŝĂŶƚ prior to the issuance of building permits.
HM-ϱ͘/ŶƚŚĞĞǀĞŶƚƚŚĂƚƐŝƚĞŝŶƐƉĞĐƟŽŶŽƌĐŽŶƐƚƌƵĐƟŽŶĂĐƟǀŝƟĞƐƵŶĐŽǀĞƌ ĐŚĞŵŝĐĂůĐŽŶƚĂŵŝŶĂƟŽŶ͕ƵŶĚĞƌŐƌŽƵŶĚƐƚŽƌĂŐĞƚĂŶŬƐ͕ĂďĂŶĚŽŶĞĚĚƌƵŵƐ͕ ŽƌŽƚŚĞƌŚĂnjĂƌĚŽƵƐŵĂƚĞƌŝĂůƐŽƌǁĂƐƚĞƐĂƚĂƉĂƌĐĞů͕ƚŚĞŝŶƐƉĞĐƟŽŶƌĞƉŽƌƚ ƉƌĞƉĂƌĞƌƐŚĂůůƐŽŶŽƟĨLJƚŚĞŝƚLJ͘dŚĞŝƚLJƐŚĂůůŶŽƟĨLJƚŚĞŽƵŶƚLJ,ĞĂůƚŚ ^ĞƌǀŝĐĞƐ ĞƉĂƌƚŵĞŶƚ͘ hŶĚĞƌ ƚŚĞ ĚŝƌĞĐƟŽŶ ŽĨ ƚŚĞƐĞ ĂŐĞŶĐŝĞƐ͕ Ă ƐŝƚĞ ƌĞŵĞĚŝĂƟŽŶƉůĂŶǁŽƵůĚďĞƉƌĞƉĂƌĞĚďLJƚŚĞproject applicant.
The plan would (1) specify measures to be taken to protect workers and ƚŚĞƉƵďůŝĐĨƌŽŵĞdžƉŽƐƵƌĞƚŽƉŽƚĞŶƟĂůƐŝƚĞŚĂnjĂƌĚƐĂŶĚ;ϮͿĐĞƌƟĨLJƚŚĂƚƚŚĞ ƉƌŽƉŽƐĞĚƌĞŵĞĚŝĂƟŽŶŵĞĂƐƵƌĞƐǁŽƵůĚĐůĞĂŶƵƉƚŚĞǁĂƐƚĞƐ͕ĚŝƐƉŽƐĞƚŚĞ wastes, and protect public health in accordance with federal, state, and ůŽĐĂůƌĞƋƵŝƌĞŵĞŶƚƐ͘WĞƌŵŝƫŶŐŽƌǁŽƌŬŝŶƚŚĞĂƌĞĂƐŽĨƉŽƚĞŶƟĂůŚĂnjĂƌĚ ƐŚĂůůŶŽƚƉƌŽĐĞĞĚƵŶƟůƚŚĞƐŝƚĞƌĞŵĞĚŝĂƟŽŶƉůĂŶŝƐŽŶĮůĞǁŝƚŚƚŚĞŝƚLJ͘ If a parcel is found to be contaminated to a level that prohibits the ƉƌŽƉŽƐĞĚ ƵƐĞ͕ ƚŚĞ ƉŽƚĞŶƟĂů ĨŽƌ ƌĞĚƵĐƟŽŶ ŽĨ ƚŚĞ ŚĂnjĂƌĚ ƐŚŽƵůĚ ďĞ ĞǀĂůƵĂƚĞĚ͘^ŝƚĞƌĞŵĞĚŝĂƟŽŶŝƐƚŚĞŽƌĞƟĐĂůůLJĐĂƉĂďůĞŽĨƌĞŵŽǀŝŶŐŚĂnjĂƌĚƐ ƚŽůĞǀĞůƐƐƵĸĐŝĞŶƚůLJůŽǁƚŽĂůůŽǁĂŶLJƵƐĞĂƚ ƚŚĞƐŝƚĞ͘/ŶƉƌĂĐƟĐĞ͕ďŽƚŚƚŚĞ ƚĞĐŚŶŝĐĂůĨĞĂƐŝďŝůŝƚLJŽĨƚŚĞƌĞŵĞĚŝĂƟŽŶĂŶĚŝƚƐĐŽƐƚ;ĮŶĂŶĐŝĂůĨĞĂƐŝďŝůŝƚLJͿ should be evaluated in order to determine the overall feasibility of ůŽĐĂƟŶŐĂƐƉĞĐŝĮĐƵƐĞŽŶĂƐƉĞĐŝĮĐƐŝƚĞ͘/ŶƐŽŵĞĐĂƐĞƐ͕ŝƚŵĂLJ ƌĞƋƵŝƌĞ ƌĞƐƚƌŝĐƟŽŶ ƚŽŝŶĚƵƐƚƌŝĂůƵƐĞŽƌĂƵƐĞ ƚŚĂƚŝŶǀŽůǀĞƐĐŽŵƉůĞƚĞƉĂǀŝŶŐĂŶĚ covering of the parcel.
The Project will implement the following policy (HM-5) into Project ^ƉĞĐŝĮĐĂƟŽŶƐĨŽƌProject conformance to the City’s General Plan and minimize impacts during Project ĐŽŶƐƚƌƵĐƟŽŶŝŶƚŚĞƵŶůŝŬĞůLJĞǀĞŶƚŽĨ discoveries that involve hazardous materials. However, pursuant to DŝƟŐĂƟŽŶDĞĂƐƵƌĞMM HAZ-03: Hazardous Materials Manifest and Plan in the unlikely event of hazardous materials discovery, the Project ĐŽŶƚƌĂĐƚŽƌǁŝůůŶŽƟĨLJƚŚĞŝƚLJŽĨDŽĚĞƐƚŽ͘
These discoveries are not likely during Project ĐŽŶƐƚƌƵĐƟŽŶ͕ƐŝŶĐĞƚŚĞ pipeline will be laid in the public right-of-way within areas comprised ŽĨĞŶŐŝŶĞĞƌĞĚĮůůƐ͘ĐĐŽƌĚŝŶŐƚŽ
Ŷǀŝ^ƚŽƌĂŶĚ'ĞŽdƌĂĐŬĞƌ͕ŵĂŶĂŐĞĚ
by the Department of Toxic Substances and California State Water Resources Control Board, the Project Alignment does not contain ƐŝƚĞƐŽĨŬŶŽǁŶĐŽŶƚĂŵŝŶĂƟŽŶ͘^ŝƚĞŽĨŬŶŽǁŶĐŽŶƚĂŵŝŶĂƟŽŶĂĚũĂĐĞŶƚ to the Project Area will be avoided if possible.
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/Ŷ ĂĐĐŽƌĚĂŶĐĞ ǁŝƚŚ K^, ƌĞƋƵŝƌĞŵĞŶƚƐ͕ ĂŶLJ ĂĐƟǀŝƚLJ ƉĞƌĨŽƌŵĞĚ Ăƚ Ă ĐŽŶƚĂŵŝŶĂƚĞĚ ƐŝƚĞ ƐŚĂůů ďĞ ƉƌĞĐĞĚĞĚ ďLJ ƉƌĞƉĂƌĂƟŽŶ ŽĨ Ă ƐĞƉĂƌĂƚĞ ƐŝƚĞ health and safety plan (prepared by the project ĂƉƉůŝĐĂŶƚĂŶĚĮůĞĚǁŝƚŚ ƚŚĞŝƚLJͿĨŽƌƚŚĞƉƌŽƚĞĐƟŽŶŽĨǁŽƌŬĞƌƐĂŶĚƚŚĞƉƵďůŝĐ͘ůůƌĞƉŽƌƚƐ͕ƉůĂŶƐ͕ ĂŶĚ ŽƚŚĞƌ ĚŽĐƵŵĞŶƚĂƟŽŶ ƐŚĂůů ďĞĂĚĚĞĚ ƚŽ ƚŚĞ ĂĚŵŝŶŝƐƚƌĂƟǀĞ ƌĞĐŽƌĚ͘ (Policy VI.M.3)
HM-7. WƌŝŽƌ ƚŽ ƚŚĞŝƐƐƵĂŶĐĞ ŽĨĂůů ďƵŝůĚŝŶŐ ƉĞƌŵŝƚƐ͕ŝĚĞŶƟĨLJ ƚŚĞƐŝƚĞŝŶ ƌĞůĂƟŽŶ ƚŽ Ăůů ŽŵƉƌĞŚĞŶƐŝǀĞ
ŶǀŝƌŽŶŵĞŶƚĂů ZĞƐƉŽŶƐĞ͕ ŽŵƉĞŶƐĂƟŽŶ
ĂŶĚ >ŝĂďŝůŝƚLJ /ŶĨŽƌŵĂƟŽŶ ^LJƐƚĞŵ ƐŝƚĞƐ ĂŶĚ ƚŽ ŬŶŽǁŶ Žƌ ƐƵƐƉĞĐƚĞĚ uncontrolled or abandoned hazardous waste sites. All projects within Ϯ͕ϬϬϬĨĞĞƚŽĨƚŚĞƐĞĨĂĐŝůŝƟĞƐƐŚŽƵůĚĐŽŶĚƵĐƚŚĂnjĂƌĚŽƵƐŵĂƚĞƌŝĂůƐƐƚƵĚŝĞƐ ĂƐŶĞĐĞƐƐĂƌLJƚŽŝĚĞŶƟĨLJƚŚĞƚLJƉĞĂŶĚĞdžƚĞŶƚŽĨĐŽŶƚĂŵŝŶĂƟŽŶ͕ŝĨĂŶLJ͕ĂŶĚ the extent of risk to human health and public safety. If necessary, a ƌĞŵĞĚŝĂů ĂĐƟŽŶ program should be developed and implemented as in UAGP Policy VI.M.3. (Policy VI.M.5)
The Project involves the abandonment of Well 02 with known ĐŽŶƚĂŵŝŶĂƟŽŶ ŽĨ ϭ͕Ϯ͕ϯ-TCP. Prior to and during the abandonment process, the Project ƐŚĂůůŝŵƉůĞŵĞŶƚĂƌĞŵĞĚŝĂůĂĐƟŽŶƉƌŽŐƌĂŵƚŽ ƌĞŵŽǀĞ ŐƌŽƵŶĚǁĂƚĞƌ ĐŽŶƚĂŵŝŶĂƟŽŶ ŽĨ ϭ͘Ϯ͘ϯ-dW͘ ZĞŵĞĚŝĂƟŽŶ ĞīŽƌƚƐƐŚĂůůďĞĐŽŶĚƵĐƚĞĚŝŶĐŽŽƌĚŝŶĂƟŽŶǁŝƚŚƚŚĞ^ƚĂƚĞĞƉĂƌƚŵĞŶƚ of Drinking Water, City of Modesto, and Self-Help Enterprises ƉƵƌƐƵĂŶƚ ƚŽ DŝƟŐĂƟon Measure MM HAZ-01: Abandonment of Contaminated Well 02͘dŚĞƉƌŽƉŽƐĞĚDŝƟŐĂƟŽŶDĞĂƐƵƌĞǁŝůůĞŶƐƵƌĞ that grounĚǁĂƚĞƌ ĐŽŶƚĂŵŝŶĂƟŽŶ ĂŶĚ ƉŽƚĞŶƟĂů ƉůƵŵĞƐ ĚŽ ŶŽƚ migrate under other areas within the City of Modesto by deploying ŐƌŽƵŶĚǁĂƚĞƌĞdžƚƌĂĐƟŽŶŵĞƚŚŽĚƐ;ŝ͘Ğ͕͘͘ ŽdžŝĚĂƟŽŶ ƌĞĚƵĐƟŽŶ͕ ŝŶ-situ ĐŚĞŵŝĐĂůƌĞĚƵĐƟŽŶ͕ĞƚĐ͘Ϳ͘
b) Create a significant hazard to the public or the environment through reasonably foreseeable upset and accident conditions involving the release of hazardous materials into the environment? RESPONSE:
Less than Significant with Mitigation Incorporated. The handling, use, and disposal of small quantities of hazardous materials during Project construction is regulated through the standard application and compliance with the City’s Municipal Code via plan check and inspection process. Likewise, the location of the Project does not involve substantial foreseeable risk from upset and accidents under existing conditions. However, due to the use of small quantities of hazardous materials, the Project will implement Mitigation Measure MM HAZ-03: Hazardous Materials Manifest and Plan. As a result, impacts during construction of the Project are considered to be less than significant with mitigation incorporated.
According to the Stanislaus County’s Local Hazard Mitigation Plan (LHMP) 2017, the Project Location is not located within a high-risk for wildland fire, flooding, or earthquakes (Stanislaus County LHMP 2017). As shown within the LHMP, higher risk areas are located outside of City Limits, primarily east and west of the City of Modesto (approximately 15 and 18 miles away from the Project). The Project Area is located within the New Melones Dam Inundation Zone (Stanislaus LHMP; 2016 Stanislaus County- Dam Inundation Hazard). However, this is not elevated at the Project Location or Project Vicinity beyond what is associated with existing and planned land use within Dam Inundation Zones; therefore, the City of Modesto anticipates and considers this existing hazard within planning documents including the City’s General Plan and Water Master Plan.
An existing hazardous waste facility and site adjacent to the Project Alignment, according to GeoTracker and EnviStor, is located at the Dale Road and Kiernan Avenue intersection is an inactive cleanup program site from the Kaiser Permanente Modesto Hospital that was under investigation but has remained inactive and considered complete since 2004. The closest active LUST Clean Up Site to the Project Location is approximately 10 miles from the Project Area within southeast Modesto located on 150 North Riverside Dr., Modesto, CA 95354. The active LUST Clean-Up Site contains gasoline, MTBE, and other fuel oxygenates; however, the site has been eligible for closure since July 20th, 2023, and is not upgradient from the Project; therefore no related impacts are expected.
Project construction involves installation of a new water main within engineered fill for existing roads and the abandonment of Well 02, which is currently contaminated with 1,2,3-TCP. It is not anticipated that construction of the water mains within engineered fill for existing roads would encounter contaminated soils; likewise, the contractor is required to implement CAL-OSHA standards for safe materials handling; therefore, no impacts related to pipeline construction are anticipated.
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November 2024
For the reasons above, impacts related to a significant hazard to the public or the environment through reasonably foreseeable upset and accident conditions involving the release of hazardous materials into the environment is anticipated being less than significant due to proposed Mitigation Measure MM HAZ-02: Hazardous Materials Manifest and Plan.
c) Emit hazardous emissions or handle hazardous or acutely hazardous materials, substances, or waste within one-quarter mile of an existing or proposed school?
RESPONSE:
Less than Significant with Mitigation Incorporated. A portion of the Project will be installed within the Stanislaus Elementary School property lines. Other education facilities closest to the Project Alignment include Big Valley Christian High School, approximately 0.9 miles from the Tully Road existing “dead-end” connection point.
The extension of a service pipe and Well 02 abandonment will take place within the southeastern corner of the elementary school within areas of fill from the original construction of the school, which are not anticipated to be contaminated; and open trench construction as well as jack and bore11 construction are proposed along the Kiernan Avenue right-of-way directly in front of the southern property line of Stanislaus Elementary School; construction activities are subject to CAL-OSHA standards for worker safety in regard to hazardous materials and will take place during the school’s nonoperating hours, when students are not on campus. The proposed Project will incorporate Mitigation Measure MM HAZ-01: Coordination with SUSD and significant impacts related to the emissions or handle of hazardous or acutely hazardous materials, substances, or waste within one-quarter miles of an existing or proposed school.
For the reasons above, less than significant impacts with proposed Mitigation Measures are anticipated to existing educational facilities.
d) Be located on a site which is included on a list of hazardous materials sites compiledpursuant to Government Code § 65962.5 and, as a result, would it create a significant hazard to the public or the environment? RESPONSE:
No Impact. Government Code section 65962.5 is an updated list of Hazardous Waste Substances, also referred to as the Cortese List. The California Department of Toxic Substances Control Publishes the list as the EnviroStor Website (DTSC Cortese List 2022).
Based on a preliminary search on the EnviroStor Website, utilizing the City name, Zip Code, and County, three results were found. None of the results were located at the Project Location or adjacent land use addresses. Since the Project Location is not included on the Cortese List of sites that have known or potential contamination and is not located where facilities permitted to treat, store, or dispose of hazardous waste, no impacts are anticipated with the Project regarding Government Code section 65962.5. For this reason, mitigation measures are not required.
e) For a Project located within an airport land use plan or, where such a plan has not been adopted, within twomiles of a public airport or public use airport, would the Project result in a safety hazard or excessive noise for people residing or working in the Project area?
RESPONSE:
No Impact. The closest airport to the Project Location is Modesto City-County Airport, approximately 9 miles southeast of the Project Location. Since the closest airport is over two (2) miles from a public airport or public use airport, the Project will not result in impacts to a safety hazards or excessive noise for people working or residing in the Project Area. No Mitigation Measures are needed.
f) Impair implementation of or physically interfere with an adopted emergency response plan or emergency evacuation plan?
11 As mentioned within the Project Description, “worst-case” conditions for air quality/ GHG, noise, and traffic modeling anticipate boring locations are located closest to sensitive receptors adjacent to the Project Alignment: one (1) along the east side of Dale Road, approximately 150 feet from sensitive receptors; three (3) along the north side of Kiernan Avenue, bordering the southern perimeter of Stanislaus Elementary School, approximately 50 ft from the closest sensitive receptors; and one (1) along the west side of Tully Road, approximately 50 ft from the closest sensitive receptors.
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RESPONSE:
Less than Significant with Mitigation Incorporated. According to the City of Modesto Water Master Plan, Figure 11-1.
City of Modesto Emergency Evacuation Routes, Kiernan Avenue is an established evacuation route. As a result, the Project will implement a Traffic Control Plan that maintains emergency access along Kiernan Avenue pursuant to Modesto and CALTRANS Encroachment Permit Standards and Regulations as well as Mitigation Measure MM TRAF-01: Traffic Control Plan that will ensure emergency access is maintained in accordance with the adopted 2010 Multi-Jurisdictional Hazard Mitigation Plan.
The closest fire stations to the Project Location are Modesto Fire Station 11, approximately 0.6 miles south of the Tully Road “dead-end” connection point, and Salida Fire Station 13, approximately 1.5 miles north of Tully Road and Kiernan intersection. In addition, Kaiser Permanente Modesto Hospital is located approximately 0.33 miles from the designated evacuation route. As a result, the Traffic Control Plan will be reviewed by the Modesto Fire Department, Salida Fire Protection District, and Kaiser Permanente Modesto Hospital, a critical emergency facility, to ensure appropriate measures are taken to maintain access to excavation routes as well as Kaiser Permanente Modesto Hospital under emergency conditions. Long-term operation of the Project will not differ substantively from existing conditions.
Therefore, the impact related to interference with an adopted emergency response plan or emergency evacuation plan during Project construction with the implementation of Mitigation Measure MM TRAF-01: Traffic Control Plan would result in less than significant impact.
g) Expose people or structures, eitherdirectly or indirectly, to a significant risk of loss, injury or death involving wildland fires?
RESPONSE:
Less than Significant Impact. Project implementation will not result in permanently increased population, activity, or structures at the Project Area and in the Local Vicinity. The Project will not substantively affect inspection frequencies in the long term. Construction will temporarily increase activity and population from the construction crew during work hours. Due to the scope of the Project, approximately 18 workers are expected during construction, and this is not expected to result in significantly elevated exposure to risk of people or structures either directly or indirectly involving wildland fires as described in responses a) through f) and Section 20, Wildland Fire.
MITIGATION MEASURES
MM HAZ-01: Coordination with Stanislaus Union School District. Prior to start of Project construction, the Contractor shall provide the construction schedule to the Stanislaus Union School District, specifically Stanislaus Elementary School so that construction occurs when the school site is not in use. The contractor shall coordinate with the school district on an ongoing basis during construction and shall keep records of this coordination at the Project Site for review by the grading and building inspectors.
MM HAZ-02: Hazardous Materials Manifest and Plan. Prior to the issuance of permits, the contractor shall provide a manifest of construction materials and a plan for proper handling, disposal, contingency, and emergency response to the City of Modesto Engineering Department, Stanislaus Consolidated Fire Protection District, and Stanislaus County for verification of adequate contingency measures for storage, use, and handling of potentially hazardous materials used, stored, and handled onsite during construction. Contractor compliance shall be monitored throughout construction. In the unlikely event of hazardous materials discovery within the Project Area, the Contractor shall notify the City of Modesto, as well as coordinate with Stanislaus Consolidated Fire Protection District and Stanislaus County.
See Mitigation Measure MM TRAF-01: Traffic Control Plan in Section 17) Transportation.
FINAL INITIAL STUDY/ MITIGATED NEGATIVE DECLARATION SCH #2024121117 #8..
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outreach, voluntary efforts, partnerships with stakeholders, etc.) to monitor water quality and to reduce pollutant discharges into waterways. Regulated waterways under the CWA include lakes, streams, creeks, rivers as well as groundwater and recharge basins. The CWA contains several provisions protecting water quality, including Sections 303(c)(2)(B), 303(d), 305(b), 401, 402(p), and 404, and the Toxics Rule:
Section 303(c)(2)(B) establishes water quality standards and designated beneficial uses within various water bodies (e.g., drinking water, recreation, biological preservation, etc.). This Section of the CWA requires the State to review and update standards for designated uses.
Section 303(d) of the Clean Water Act pertains to impaired waters. The State is required to submit a list of waters that do not meet water quality standards and are impaired due to pollutants. The State must develop Total Maximum Daily Loads (TMDLs) for these water bodies, which establishes a maximum threshold of a pollutant allowed within a waterbody.
Section 401 gives the State the authority to issue water quality certifications for federal licenses to conduct activities including, but not limited to Federal Permits and construction or operation of large facilities by an individual permittee, which may result in any discharge into surface waters. Individual permits can be issued for projects that exceed the approved threshold of the National Pollutant Discharge Elimination System (NPDES) Permit issued to the local agency. As a result, prior to the issuance of a permit that might result in a discharge to navigable waters, the State must certify that the activity will comply with State water quality standards, either through an individual permit issued for a specific project or verification by the local agency that a project conforms with the general permit issued to the local agency (city or county) for a specific activity identified via plan check and discretionary approval.
Section 402(p) of the Clean Water Act pertains to National Pollutant Discharge Elimination System (NPDES) program. This section focuses on regulating point source stormwater discharges associated with industrial activity, requiring industrial facilities to obtain permits for their stormwater discharges.
Section 404 of the Clean Water Act regulates discharge of fill materials into “Waters of the United States”, including wetlands.
The Army Corps of Engineers (Corps) is responsible for the issuance of the Section 404 permit if any project proposes to fill wetlands or “waters of the United States.”
Toxic Rules of the Clean Water Act includes various regulations related to toxic substances within water bodies. The EPA establishes thresholds for toxic pollutants discharges into navigable waters.
National Pollutant Discharge Elimination System (NPDES) The National Pollutant Discharge Elimination System (NPDES) is a permit program led and managed by the U.S. Environmental Protection Agency Office of Wastewater Management in coordination with EPA regional offices. However, while the EPA retains oversight authority, responsibility for implementation is delegated to the State via Water Quality Control Board and Regional Water Quality Control Boards. The State agencies require local agencies (e.g., Cities and Counties) to develop a National Pollutant Discharge Elimination System Program for local level by the local agencies via the discretionary permit process. The NPDES stormwater permitting program is a permitting system for the discharge of any pollutant into surface waters (Modesto Water Master Plan, 2019).
The State Water Quality Control Board established the NPDES permit program and issues discretionary permits for Municipal General Construction NPDES) to private entities and local agencies under authority of the CWA. Approved Municipal permit programs are implemented by individual local agencies and co permittees (e.g., counties, cities, and special districts); local agencies may also be required to submit application for individual 401 permits under certain circumstances as discussed above. The City of Modesto’s NPDES General Construction Permit applies to projects that plan to disturb more than one acre of land during Project construction. This permit requires project Applicants to prepare and implement a Storm Water Pollution Prevention Plan (SWPPP). According to the City of Modesto’s 2014 Standard Specifications, a Project that disturbs less than one (1) acre shall develop a Local SWPPP or Erosion Control Plan and implement stormwater Best Management Practices (BMPs) during construction inclusive of erosion control, spill prevention, response procedures, nature and location of chemical utilized and stored during Project construction, and methods to prevent adverse impacts of any discharge of chemicals, substances, or materials.
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Federal Emergency Management Agency
The Federal Emergency Management Agency (FEMA) is a Federal agency that oversees floodplains and the National Flood Insurance Program (NFIP), adopted under the National Flood Insurance Act of 1968. FEMA provides flood management protections set forth by their adopted standards. In addition, FEMA has developed the National Flood Hazard Layer (NFHL) to assist local jurisdictions with flood potential on the identification of land uses at risk. According to the FEMA flood map, various locations along the Project Alignment are identified as regulatory floodways and Zone AE, high- risk flood zones.
Porter-Cologne Water Quality Control Act
The Porter-Cologne Water Quality Act protects the waters of the state for the use and enjoyment of the people. The Act regulates activities that foreseeably degrade water quality within the state, to attain the highest reasonable water quality and to protect beneficial uses of surface water bodies, wetland and groundwater. The Porter-Cologne Water Quality Act is administered in a regional level, within the framework of the State Water Resources Control Board (SWRCB) and nine Regional Water Quality Control Boards (RWQCB) across the state of California. Under the Act, each RWQBC must formulate and adopt their own water quality control plan that establishes water quality objectives to ensure the reasonable protection of beneficial uses and prevention of nuisance either from point source or non-point source discharges (CA.gov 2023).
Delta Protection Act
The Delta Protection Act was enacted in 1992, “declaring the Delta a natural resource of statewide, national, and international significance, containing irreplaceable resources” (California Delta Protection Commission). The Act recognizes the preservation and protection of this resource for cultural, recreational, and agricultural uses for California residents.
Regulations under the California Code of Regulations, Title XIV, Division 9, are enforced by the State of California Delta Protection Commission and ensure potential threats from urban encroachment do not impact agriculture, wildlife habitat, and recreation uses.
Central Valley Regional Water Quality Control Board
The Central Valley Regional Water Quality Control Board (RWQCB) regulates water quality within Stanislaus County and is given water permitting authority by the U.S. EPA. The primary responsibly of the Regional Board is to protect the quality of the waters within the Region for all beneficial uses through the formulation and adoption of water quality plans which are tailored for specific groundwater or surface water basins. In addition, the Regional Water Quality Control Board enforces regulations for industrial, domestic, and agricultural water discharges contained within the Porter-Cologne Water Quality Control Act.
The Central Valley RWQCB is the largest and most diverse region in California. The Region spans from northern Los Angeles to the Oregon Border, approximately 60,000 square miles, and composes nearly 40 percent of the state.
DISCUSSION
Water quality control measures are regulated by permits issued by the State Water Resources Control Board (SWRCB) Order No. 2009-009-DWQ, National Pollutant Discharge Elimination System (NPDES) Construction General Permit No. CAS000002, and the Central Valley Regional Water Quality Control Board Order No. R5-2008-0092 City of Modesto NPDES Stormwater Quality Control Measures and Modesto City Ordinance Chapter 10, Title 5: Stormwater Management and Discharge Controls (Modesto Standard Specifications, 2014).
a) Violate any waterquality standards or waste discharge requirements or otherwise substantially degrade surface or ground waterquality?
RESPONSE:
Less than Significant with Mitigation Incorporated. Surface waters throughout the Local Vicinity include rivers, a surficial concrete-lined irrigation system, with open irrigation canals and laterals, as well as a developed storm drain system including drainage ditches, swales, and the City’s improved storm drain structures to the south of Stanislaus Elementary School, along Kiernan Avenue. These drainage features are for a combination of agricultural irrigation and storm water management and generally flow from northeast to southwest.
Water used for irrigation is primarily from the Stanislaus River, Tuolumne River, and the Sacramento- San Joaquin Delta for agriculture in the Local Vicinity (See Table 15: Receiving Waters 303(d) Contamination and Beneficial Uses. Receiving waters closest irrigation components to the Project Area consist of Stanislaus River, approximately 2.8 miles north of Stanislaus Elementary School; concrete-lined channel traversing east-west through the City of Modesto (Lateral Number FINAL INITIAL STUDY/ MITIGATED NEGATIVE DECLARATION SCH #2024121117 #8..
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One, stemming from Modesto Main Channel, owned and maintained by Modesto Irrigation District) approximately 1.3 miles south from Stanislaus Elementary School feeding into both the Stanislaus River and Tuolumne River. The Stanislaus River is generally upstream from the Project; however hydrologically connected to the Project Area via irrigation canals in the Local Vicinity.
The existing storm drain system includes channels in the roadway median and shoulders of Kiernan Avenue as well as the developed storm drain structures in Dale Road and Tully Road including catch basins at the roadway surfaces and underground pipes. Developed parcels contribute storm runoff via inlets, which discharge to the underground storm drain systems in Dale Road and Tully Road. Surface water flows consist of runoff during and after rain events, which sheet flow over streets and undeveloped parcels, and discharge into adjacent components of the storm drain system along each side of the road and into the City’s and County’s existing improved drainage system.
Impacts from pollutants in surface waters in the Local Vicinity are typically from pollutants combining with storm runoff during and after precipitation. In the Local Vicinity, this includes pollutants from agricultural and domestic land uses, as well as industrial processes. Surface water degradation occurs more frequently within the Tuolumne River than the Stanislaus River due to upstream agricultural return flows and gas well wastes (Stanislaus County 2016). See Table 15:
Receiving Waters 303(d) Contamination and Beneficial Useswhich outlines the list of pollutants in excess of the standards established to protect the beneficial uses of water bodies in accordance with Section 30(d) of the Federal Clean Water Act.
TABLE 15: RECEIVING WATERS 303(d) CONTAMINATION AND BENEFICAL USES Receiving Waters ^ĞĐƟŽŶϯϬϯ;ĚͿ͕ĂƚĞŐŽƌLJϱ>ŝƐƟŶŐƐ͗ŽŶƚĂŵŝŶĂŶƚ ĞƐŝŐŶĂƚĞĚĞŶĞĮĐŝĂůhƐĞƐ Stanislaus River
Goodwin Dam to San Joaquin River
Chlorpyrifos,
DDE (Dichlorodiphenyl-dichloroethylene),
DDT (Dichlorodiphenyl-trichloroethane),
Diuron,
ůĞĐƚƌŝĐĂůŽŶĚƵĐƟǀŝƚLJ͕
Escherichia coli (E. coli) ,
'ƌŽƵƉWĞƐƟĐŝĚĞƐ͕
Mercury,
Temperature, water,
Toxaphene
AGR, IND, PROC, REC1, REC2,
WARM, WILD, COLD, NAV, SPWN,
POW
Tuolumne River
New Don Pedron Dam to San
Joaquin River
Chlorpyrifos,
Diazinon
'ƌŽƵƉWĞƐƟĐŝĚĞƐ͕
Mercury,
Temperature, water,
Unknown Toxicity
AGR, REC1, REC2, WARM, COLD,
SPWN,
Source: Modesto GP EIR, 2019; Table 12-1: beneficial Uses for Water Bodies Potentially Proposed Program; Table 12-2. Section 303(d) Category 5 Listing for Water Body Segments Potentially Affected by the Proposed Project Note: The Project Site is located in the San Jacinto River Watershed basin. It’s ultimate end point of runoff is at Lake Elsinore and settles and remains in Lake Elsinore. However, there are extremely rare instances in case of emergencies, there is an overflow/ highpoint a quarter way up in Temescal Canyon that spills into the Santa Ana River. Which connects to the Pacific. (1) AGR= Agricultural Supply- uses of water for farming, horticulture, or ranching, including but not limited to, irrigation, stock watering, or support of vegetation for range grazing (CA Waterboards).
(2) IND= Industrial Service Supply- use of water for industrial activities that do not depend primarily on water quality, including, but not limited to, mining, cooling water supply, hydraulic conveyance, gravel washing, fire protection, and oil well repressurization (CA Waterboards). (3) MUN= Municipal and Domestic Supply- use of water for community, military, or individual water supply systems, including, but not limited to, drinking water supply (CA Waterboards).
(4) PROC= Industrial Process Supply- use of water for industrial activities that depend primarily on water quality (CA Waterboards). (5) REC1= Water Contact Recreation- uses of water for recreational activities involving body contact with water where ingestion of water is reasonably possible (CA Waterboards); REC2= Noncontact Water Recreation- use of water for recreational activities involving proximity to water, but not normally involving contact with water where water ingestion is reasonably possible (CA Waterboards). (6) WARM= Warm Freshwater Habitat- uses of water that supports warm water ecosystems including, but not limited to, preservation or enhancement of aquatic habitats, vegetation, fish, or wildlife, including invertebrates (CA Waterboards). (7) WILD= Wildlife Habitat- uses of water that supports wildlife habitats, including, but not limited to, the preservation and enhancement of vegetation and prey species used by wildlife, such as waterfowl (CA Waterboards). (8) COLD= Cold freshwater habitat (Modesto GP EIR, 2019) (9) NAV= Navigation (Modesto GP EIR, 2019)
(10) SPWN= spawning, reproduction and/or early development (Modesto GP EIR, 2019) (11) POW= power (Modesto GP EIR, 2019)
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The primary receiving water bodies, Tuolumne River and Stanislaus River, are natural riverbeds. However, manmade, irrigation canals or sloughs feed into the Stanislaus and Tuolumne River west of the Project Location and are heavily relied upon for local agricultural uses. Non-point sources of pollution due to agriculture and urban runoff contribute heavily to the accumulation of pollution within these receiving waters that degrade water quality.
Project construction is anticipated to result in approximately 0.03 acres of disturbance due to proposed open trench and jack and bore construction activities. Construction activities are anticipated to impact less than one acre and would therefore not trigger requirements for an NPDES Construction Permit under the County’s Storm Water Management Program. The City of Modesto will require the contractor to prepare and implement a Local Stormwater Pollution Prevention Plan (SWPPP) pursuant to Chapter 15, Erosion & Sediment Control Standards for Construction Activities of the City of Modesto’s Municipal Code; therefore, Mitigation Measure MM HYDRO-01: Local SWPPP is included in the MMRP for the Project to reduce impacts on pollutants from construction entering the City’s storm water system. The SWPPP must comply with City Standard Specification No. 2.12 Pre-construction Requirements, which include Best Management Practices listed in MM HYDRO-02. Project consistency with the City’s Standard Specifications will result in consistency with applicable General Plan mitigating polices during construction. Mitigation Measure MM HYDRO-02:
StormwaterBMPs throughout Project Construction Requires that the Project will be compliant with the goals and policies of the City’s General Plan and Water Master Plan. See Table 16: Consistency with Modesto GP Floodway and Water Quality Applicable Mitigating Policies. BMPs will be enforced through the standard application and plan check review and inspection from the City of Modesto’s water quality management processes (Local SWPPP) and are the responsibility of the contractor and City Engineer.
For the reasons above, the Project impacts related to violation of any water quality standard or waste discharge requirements or otherwise substantially degrade surface or ground water quality are less than significant with the implementation of Mitigation Measures MM HYDRO-01: Local SWPPP and MM HYDRO-02: StormwaterBMPs throughout Project Construction.
TABLE 16: CONSISTENCY WITH MODESTO GP FLOODWAY AND WATER QUALITY APPLICABLE MITIGATING
POLICIES
City of Modesto General Plan DŝƟŐĂƟŶŐ WŽůŝĐŝĞƐ Project Compliance FWQ-11 & SD-10. ŽŶƐƚƌƵĐƟŽŶĂĐƟǀŝƟĞƐƐŚĂůůĐŽŵƉůLJǁŝƚŚƚŚĞƌĞƋƵŝƌĞŵĞŶƚƐŽĨ the City’s Stormwater Management Plan under its municipal NPDES stormwater permit, and the State Water Resources Control Board’s General Permit for ŝƐĐŚĂƌŐĞƐŽĨ^ƚŽƌŵtĂƚĞƌƐƐŽĐŝĂƚĞĚǁŝƚŚŽŶƐƚƌƵĐƟŽŶĐƟǀŝƚLJ͘;WŽůŝĐLJs/͘'͘ϯͿ Throughout Project ĐŽŶƐƚƌƵĐƟŽŶ͕ as implemented by the
ŽŶƚƌĂĐƚŽƌĂŶĚǀĞƌŝĮĞĚďLJƚŚĞŝƚLJ
ŶŐŝŶĞĞƌ͕the Project will
comply with requirements of the City’s Stormwater
DĂŶĂŐĞŵĞŶƚWůĂŶƚŚƌŽƵŐŚƚŚĞĂĚŽƉƟŽŶŽĨƚŚĞ>ŽĐĂů^tWWW ƉƵƌƐƵĂŶƚŝƚLJ^ƚĂŶĚĂƌĚ^ƉĞĐŝĮĐĂƟŽŶƐ͘
FWQ-13 & SD-12. Ensure that new development complies with the City of Modesto’s Stormwater Management Program: Guidance Manual for New Development Stormwater Quality Control Measures. (Policy VI.G.5) The Project will ensure compliance with the City of
DŽĚĞƐƚŽ͛Ɛ^ƚŽƌŵǁĂƚĞƌDĂŶĂŐĞŵĞŶƚWƌŽŐƌĂŵďLJĂĚŽƉƟŶŐĂ
Local SWPPP during Project ĐŽŶƐƚƌƵĐƟŽŶĂŶĚŝŵƉůĞŵĞŶƟŶŐ ƚŚĞ ŝƚLJ ŽĨ DŽĚĞƐƚŽ͛Ɛ ĞƐƚ DĂŶĂŐĞŵĞŶƚ WƌĂĐƟĐĞƐ ĨŽƌ ĐŽŶƐƚƌƵĐƟŽŶ ĂŶĚ ƌĞŶŽǀĂƟŽŶƐ͖ ĂŶĚ ,ĞĂǀLJ
ƋƵŝƉŵĞŶƚ ĂŶĚ
ĂƌƚŚDŽǀŝŶŐĐƟǀŝƟĞƐƉƵƌƐƵĂŶƚƚŽDŝƟŐĂƟŽŶDĞĂƐƵƌĞs MM
HYDRO-01: Local SWPPP and MM HYDRO-02: Stormwater
BMPs throughout Project ŽŶƐƚƌƵĐƟŽŶ, implemented by the ŽŶƚƌĂĐƚŽƌĂŶĚǀĞƌŝĮĞĚďLJƚŚĞŝƚLJ
ŶŐŝŶĞĞƌ.
FWQ- 15, -16 & SD-14. Design development projects to preserve and, where ƉŽƐƐŝďůĞ͕ĐƌĞĂƚĞŽƌƌĞƐƚŽƌĞĂƌĞĂƐƚŚĂƚƉƌŽǀŝĚĞŝŵƉŽƌƚĂŶƚǁĂƚĞƌƋƵĂůŝƚLJďĞŶĞĮƚƐ͕ ƐƵĐŚĂƐƌŝƉĂƌŝĂŶĐŽƌƌŝĚŽƌƐ͕ǁĞƚůĂŶĚƐĂŶĚďƵīĞƌƐ͘DŝŶŝŵŝnjĞĚŝƐƚƵƌďĂŶĐĞŽĨŶĂƚƵƌĂů water bodies or natural drainage systems that might result from development, ŝŶĐůƵĚŝŶŐƌŽĂĚĐŽŶƐƚƌƵĐƟŽŶ͘;WŽůŝĐLJs/͘'͘ϳͿ
SD-15. Integrate Low Impact Development principles into proposed development projects’ design. Low Impact Development is a storm water ŵĂŶĂŐĞŵĞŶƚ ĂŶĚ ůĂŶĚ ĚĞǀĞůŽƉŵĞŶƚ ƐƚƌĂƚĞŐLJ ƚŚĂƚ ƉƌŽŵŽƚĞƐ ĐŽŶƐĞƌǀĂƟŽŶ ĂŶĚ use of natural on-site features combined with engineered small-scale hydrologic devices. In designing development projects, minimize the amount of impervious surface in order to maximize on-ƐŝƚĞ ŝŶĮůƚƌĂƟŽŶ ŽĨ ƐƚŽƌŵǁĂƚĞƌ ƌƵŶŽī ĂŶĚ ŵŝŶŝŵŝnjĞƚŚĞƉŽƚĞŶƟĂůĨŽƌƐƚŽƌŵǁĂƚĞƌƌƵŶŽīĨƌŽŵƚŚĞƐŝƚĞ͘;WŽůŝĐLJVI.G.8) The Project ǁŝůůƌĞƚƵƌŶƚŽĞdžŝƐƟŶŐĐŽŶĚŝƟŽŶƐĂƐǀĞƌŝĮĞĚďLJƚŚĞ City, County and CALTRANS; therefore, long-term impacts to ƐƵƌĨĂĐĞǁĂƚĞƌƐŽƌƐƚŽƌŵǁĂƚĞƌŝƐŶŽƚĂŶƟĐŝƉĂƚĞĚĂƐĂƌĞƐƵůƚŽĨ the Project.
Ɛ ŵĞŶƟŽŶĞĚ ĂďŽǀĞ͕ ƚŚĞ Project will implement BMPs
ƉƵƌƐƵĂŶƚƚŽDŝƟŐĂƟŽŶDĞĂƐƵƌĞMM HYDRO-02: Stormwater
BMPs throughout Project ŽŶƐƚƌƵĐƟŽŶ to minimize impacts on surface or groundwater quality.