The construction of the Virginia Corridor has been completed in phases, and Phases 1 through 6 are complete. Phase 7 will be continuing the corridor from Woodrow Avenue to West Union Avenue.
The Virginia Corridor Phase 7, project was initially advertised for bids on August 15, 2024, with bids being opened publicly on September 24, 2024. In reviewing the bids submitted for the Virginia Corridor Phase 7 project, staff identified an error in the bid documents that necessitated the rejection of all received bids. On November 11, 2024, by Resolution No. 2024-420, Council authorized the rejection of the prior bids received for the Virginia Corridor Phase 7 Project and approved re-issuing the project at a future date.
DISCUSSION:
Following the rejection of the bids in late 2024, staff worked with the design team to value engineer the project design with the goal of bringing the overall cost of the project down to the project budget. Staff and the design consultant team were able to identify items in the original project that lowered the estimated cost to ensure the bids would be within the project budget.
The project was re-advertised for bids in OpenGov on May 13, 2025. Bids were publicly opened on June 17, 2025, pursuant to City Charter Section 1307, and four (4) bids were received.
Andrew M. Jordan Inc. dba A & B Construction of Oakland, CA, was determined to be the responsible bidder with the lowest responsive bid of $8,559,197. The bid tabulation is attached, and a summary of the responsive bids is below:
The bid analysis is:
Number of bids received 4
Number of bids within 10% of engineer’s estimate 2
Number of bids above the engineer’s estimate 3
Number of bids below the engineer’s estimate 1
Percent low bid is below the engineer’s estimate 5%
Andrew M. Jordan Inc. dba A & B Construction of Oakland, CA, was 5% below the engineer’s estimate. The next lowest bid was 5.51% above the engineer’s estimate. Bidder competition and participation was evident as the City received four (4) responsive bids.
Modesto Municipal Code Section 8-3.203 generally requires all purchases which meet or exceed $100,000 for material, equipment, or contractual services to be formally bid. The award of contract for the construction of the Rebid Virginia Corridor Phase 7 Project, to Andrew M.
Jordan Inc. dba A & B Construction of Oakland, CA, conforms to the Modesto Municipal Code because the City complied with the formal bid procedures and Andrew M. Jordan Inc. dba A & B Construction of Oakland, CA, was the lowest responsive and responsible bidder.
The City’s “Change Order Approval Policy” enacted by Council Resolution No. 1994-443 on July 19, 1994, revised on July 9, 2019, by Council Resolution No. 2019-326, and revised a second time on September 12, 2023, by Council Resolution No. 2023-405, established a contract change order authority of 10% for construction contracts up to $10,000,000. Due to budgeting constraints, staff is requesting the Engineering Services Director’s Authority to issue change orders of 8% ($684,736) of the construction contract amount. Staff believes this amount is sufficient to complete the project due to the project size and simplicity and staff will endeavor to #27..
- 2273 -
City Council, July 22, 2025
Award Construction Contract for the Rebid Virginia Corridor Phase 7 Project
keep the project within this budgeted amount. If change orders that exceed this amount are needed staff will return to City Council for additional change order authority and funding.
While the contingency policy is utilized for each construction contract awarded by the City, it is not written into each contract, nor is it a guaranteed amount included in the final compensation to the contractor. Prior to bidding a project, staff works diligently to ensure that all projects and bid packages contain well-defined scopes of work and that all projects stay within budget.
Considering the size and complexity of the project, staff recommends utilizing consultants to provide Construction Management and Inspection Services. In accordance with Administrative Directive 3.1, Selection Procedures for Professional Consultants Who Provide Architectural and Engineering Services for Capital Projects, a Request for Qualifications and Proposals (RFQ/P) was initiated. On April 22, 2024, a Request for Proposals (RFP) was issued for the Virginia Corridor Phase 7 Project, to the City’s four prequalified firms who provide Construction Management and Inspection Services. Staff received proposals from three firms.
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. However, staff proceeded with the RFP process pursuant to Administrative Directive 3.1 and three proposals were received as part of this solicitation. TRC Engineers, Inc. was selected as the most qualified firm for the Virginia Corridor Phase 7 Project.
Therefore, staff is requesting approval of an agreement with TRC Engineers, Inc., of Rancho Cordova, CA, in the amount of $798,261, plus $79,826 in additional services (if needed), for a total amount not to exceed $878,087.
FISCAL IMPACT:
Funding for this project is budgeted in Capital Improvement Project (CIP) account #100813 (Virginia Corridor Ph 7). The project will require a budget adjustment allocating $892,520 of Water Division Funding that will fund the relocation of a 16” water line that needs to move to accommodate the bridge piers at Standiford Avenue. In addition, $244,005 of FY 25-26 Local Transportation Funds, which were allocated by Stanislaus Council of Governments (StanCOG) on June 18, 2025, and $276,532 of Measure H Reserves/Carryover, will also need to be allocated to fully fund the project. The project’s revenue and expense budget shall be as outlined below:
FUNDING SOURCES
Department of Transportation Grant $ 442,650
California Urban Greening Grant $ 3,193,401
LTF – Non-Motorized Fund $ 2,616,207
Parks & Air Quality Capital Facility Fee Fund $ 3,500,000 Measure L Funding $ 200,000
Water Division Funding $ 892,520
Additional Non-Motorized LTF Funding $ 244,005
Measure H Reserves/Carryover $ 276,532
Project Funding Sources $ 11,365,315
#27..
- 2274 -
City Council, July 22, 2025
Award Construction Contract for the Rebid Virginia Corridor Phase 7 Project
ESTIMATED CONSTRUCTION EXPENSES
Construction $ 8,559,197
Construction Contingency (8%) $ 684,736
Construction Management & Inspections Services $ 798,261 Construction Management & Inspections Services Contingency (10%) $ 79,826 Construction Administration – City Staff (1%) $ 85,592
Design Support During Construction and Permitting (1.5%) $ 128,388 MID Utility Relocation (Completed) $ 237,315
Engineering/Design/Admin (previously spent/committed) $ 792,000 Total Estimated Project Cost $ 11,365,315
COMMITTEE RECOMMENDATION:
On January 13, 2025, this project was one of several park construction projects presented to the Safety & Communities Committee for consideration to minimize the time between bidding and Council award. The Committee approved the item to be forwarded to Council for approval.
CEQA/NEPA REQUIREMENTS:
A Programmatic Categorical Exclusion (PCE) was approved by Caltrans on July 23, 2005, which covered the entire Virginia Corridor Rails-to-Trails project along the former Union Pacific Railroad right-of-way, for 4.2-miles from the Needham/9th Street to Bangs Avenue. The project description and elements that were assessed for the entire project have not changed, and a revalidation of the PCE was approved by Caltrans on September 21, 2009.
RECOMMENDED COUNCIL ACTION:
Staff Recommendations:
Resolution approving the Plans and Specifications for the Rebid Virginia Corridor Phase 7 Project, accepting the Bid and Awarding a Construction Contract to Andrew M. Jordan Inc. dba A & B Construction of Oakland, CA, in the amount of $8,559,197, authorizing $684,736 for contingency (if needed), for a total payment amount not to exceed $9,243,933, and authorizing the City Manager, or his designee, to execute the Agreement.
Resolution approving the Agreement with TRC Engineering, Inc, of Rancho Cordova, CA, for Construction Management and Inspection Services for the Virginia Corridor Phase 7 Project in the amount of $798,261, plus $79,826 in additional services, if needed, for a total amount not to exceed $878,087 and authorizing the City Manager, or his designee, to execute the Agreement.
Resolution amending the Fiscal Year 2025-26 Capital Improvement Program budget to fund Project #100813 (Virginia Corridor Ph 7) in an amount not to exceed $1,136,525 in transfers, revenue, and to budget expenditures to fund the project, and authorizing the City Manager, or his designee, to implement the provisions of this resolution.
Resolution amending the Fiscal Year 2025-26 Measure H Spending Plan to appropriate funding to Capital Improvement Program budget to fund Project #100813 (Virginia Corridor Ph 7) in an amount not to exceed $276,532 in transfers, revenue, and to budget expenditures to fund the project, and authorizing the City Manager, or his designee, to implement the provisions of this resolution.
#27..
- 2275 -
City Council, July 22, 2025
Award Construction Contract for the Rebid Virginia Corridor Phase 7 Project
Approved by:
Toby Wells, Director of Engineering Services/City
Engineer
Joseph P. Lopez, City Manager
Attachments:
1. Resolutions (4)
2. Construction Contract – A & B Construction
3. Financial Interest Disclosure Form – A & B Construction
4. Construction Bid Results
5. Construction Management & Inspection Services Agreement – TRC Engineering, Inc.
6. Financial Interest Disclosure Form – TRC Engineering, Inc.
7. Levine Act Form - TRC Engineering
#27..
- 2276 -
07/22/2025/ESD/NHoux/Item XX 1 2025-XX
MODESTO CITY COUNCIL
RESOLUTION NO. 2025-XX
RESOLUTION APPROVING THE PLANS AND SPECIFICATIONS FOR THE REBID VIRGINIA CORRIDOR PHASE 7 PROJECT, ACCEPTING THE BID AND AWARDING A CONSTRUCTION CONTRACT TO ANDREW M. JORDAN INC. DBA A & B CONSTRUCTION OF OAKLAND, CA, IN THE AMOUNT OF $8,559,197, AUTHORIZING $684,736 FOR CONTINGENCY (IF NEEDED), FOR A TOTAL PAYMENT AMOUNT NOT TO EXCEED $9,243,933, AND
AUTHORIZING THE CITY MANAGER, OR HIS DESIGNEE, TO EXECUTE
THE AGREEMENT
WHEREAS, the Virginia Corridor Trail is the result of conversion of the original Tidewater Southern/Union Pacific Railroad Corridor into a Class I bicycle and pedestrian trail with the long-term plan for the corridor is to provide a Class I trail extending from Modesto Junior College’s East Campus at the southern terminus to Kiernan Ave at the northern terminus (approximately 5 miles); and
WHEREAS, the Virginia Corridor Trail has become a well-loved addition to Modesto, receiving a very high rate of use year-round; and WHEREAS, the construction of the Virginia Corridor has been completed in phases, and Phases 1 through 6 are complete; Phase 7 will be continuing the corridor from Woodrow Avenue to West Union Avenue; and
WHEREAS, the Virginia Corridor Phase 7, project was initially advertised for bids on August 15, 2024, with bids being opened publicly on September 24, 2024.
However, in reviewing the bids submitted for the Virginia Corridor Phase 7 project, staff identified an error in the bid documents that necessitated the rejection of all received bids; and
WHEREAS, on November 11, 2024, by Resolution No. 2024-420, Council authorized the rejection of the prior bids received for the Virginia Corridor Phase 7 #27..
- 2277 -
07/22/2025/ESD/NHoux/Item XX 2 2025-XX
Project and approved re-issuing the project at a future date; and WHEREAS, following the rejection of the bids in late 2024, staff worked with the design team to value engineer the project design with the goal of bringing the overall cost of the project down to the project budget and the team were able to identify items in the original project that lowered the estimated cost to ensure the bids would be within the project budget; and
WHEREAS, the project was re-advertised for bids on May 13, 2025; and WHEREAS, bids were publicly opened on June 17, 2025, pursuant to City Charter Section 1307, and four bids were received; and
WHEREAS, Andrew M. Jordan Inc. dba A & B Construction of Oakland, CA, was determined to be the responsible bidder with the lowest responsive bid; and WHEREAS, Modesto Municipal Code Section 8-3.203 generally requires all purchases, which meet or exceed $100,000 for material, equipment, or contractual services to be formally bid; and
WHEREAS, the award of contract for the construction of the Rebid Virginia Corridor Phase 7 Project, to Andrew M. Jordan Inc. dba A & B Construction of Oakland, CA, conforms to Modesto Municipal Code, 8-3.203; and
WHEREAS, staff recommends awarding a construction contract to Andrew M.
Jordan Inc. dba A & B Construction of Oakland, CA.
NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Modesto that it hereby approves the plans and specifications for the Rebid Virginia Corridor Phase 7 Project, accepts the Bid and awards a construction contract to Andrew M. Jordan Inc. dba A & B Construction of Oakland, CA, in the amount of $8,559,197, authorizing #27..
- 2278 -
07/22/2025/ESD/NHoux/Item XX 3 2025-XX
$684,736 for contingency (if needed), for a total payment amount not to exceed $9,243,933.
BE IT FURTHER RESOLVED that the City Manager, or his designee, is hereby authorized to execute the contract, in a form approved by the City Attorney. #27..
- 2279 -
07/22/2025/ENG/NHoux/Item XX 4 2025-XX
The foregoing resolution was introduced at a regular meeting of the Council of the City of Modesto held on the 22nd day of July 2025, by Councilmember , who moved its adoption, which motion being duly seconded by Councilmember , was upon roll call carried and the resolution adopted by the following votes:
AYES: Councilmembers:
NOES: Councilmembers:
ABSENT: Councilmembers:
ATTEST: ________________________________
DIANE NAYARES-PEREZ, CMC,
City Clerk
(SEAL)
APPROVED AS TO FORM:
BY: _____________________________________
JOSE M. SANCHEZ, City Attorney
#27..
- 2280 -
07/22/2025/ESD/NHoux/Item XX 1 2025-XXX
MODESTO CITY COUNCIL
RESOLUTION NO. 2025-XX
RESOLUTION APPROVING THE AGREEMENT WITH TRC ENGINEERING,
INC, OF RANCHO CORDOVA, CA, FOR CONSTRUCTION MANAGEMENT AND INSPECTION SERVICES FOR THE VIRGINIA CORRIDOR PHASE 7 PROJECT IN THE AMOUNT OF $798,261, PLUS $79,826 IN ADDITIONAL SERVICES, IF NEEDED, FOR A TOTAL AMOUNT NOT TO EXCEED $878,087
AND AUTHORIZING THE CITY MANAGER, OR HIS DESIGNEE, TO
EXECUTE THE AGREEMENT
WHEREAS, due to the size and complexity of the Virginia Corridor Phase 7 Project, staff recommends utilizing a consultant to provide Construction Management and Inspection Services; and
WHEREAS, in accordance with Administrative Directive 3.1, Selection Procedures for Professional Consultants Who Provide Architectural and Engineering Services for Capital Projects, a Request for Qualifications and Proposals (RFQ/P) was initiated; and
WHEREAS, on April 22, 2024, a Request for Proposals (RFP) was issued for the Virginia Corridor Phase 7 Project, to the City’s four prequalified firms who provide Construction Management and Inspection Services, and staff received proposals from three firms; and
WHEREAS, 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; however, staff proceeded with the RFP process pursuant to Administrative Directive 3.1 and three proposals were received as part of this solicitation; and #27..
- 2281 -
07/22/2025/ESD/NHoux/Item XX 2 2025-XXX
WHEREAS, TRC Engineers, Inc. was selected as the most qualified firm for the Virginia Corridor Phase 7 Project.
NOW, THEREFORE BE IT RESOLVED, by the Council of the City of Modesto that it hereby approves an Agreement with TRC Engineers, Inc., in the amount of $798,261, plus $79,826 in additional services (if needed), for a total amount not to exceed $878,087, for Construction Management and Inspection Services for the Virginia Corridor Phase 7 Project.
BE IT FURTHER RESOLVED, that the City Manager, or his designee, is hereby authorized to execute the agreement in a form approved by the City Attorney. #27..
- 2282 -
07/22/2025/ESD/NHoux/Item XX 3 2025-XXX
The foregoing resolution was introduced at a regular meeting of the Council of the City of Modesto held on the 22nd day of July 2025, by Councilmember , who moved its adoption, which motion being duly seconded by Councilmember , was upon roll call carried and the resolution adopted by the following votes:
AYES: Councilmembers:
NOES: Councilmembers:
ABSENT: Councilmembers:
ATTEST: ________________________________
DIANE NAYARES-PEREZ, CMC,
City Clerk
(SEAL)
APPROVED AS TO FORM:
BY: _____________________________________
JOSE M. SANCHEZ, City Attorney
#27..
- 2283 -
07/22/2025/ESD/NHoux/Item XX 1 2025-XX
MODESTO CITY COUNCIL
RESOLUTION NO. 2025-XX
RESOLUTION AMENDING THE FISCAL YEAR 2025-26 CAPITAL
IMPROVEMENT PROGRAM BUDGET TO FUND PROJECT #100813
(VIRGINIA CORRIDOR PH 7) IN AN AMOUNT NOT TO EXCEED $1,136,525 IN
TRANSFERS, REVENUE, AND TO BUDGET EXPENDITURES TO FUND THE
PROJECT, AND AUTHORIZING THE CITY MANAGER, OR HIS DESIGNEE,
TO IMPLEMENT THE PROVISIONS OF THIS RESOLUTION
WHEREAS, the City plans to construct the Phase 7 of the Virginia Corridor Project; and
WHEREAS, Water Division funding of $892,520, must be allocated to fund a portion of the project; and
WHEREAS, FY25-26 Local Transportation Funds (LTF) of $244,005, must be allocated to fund a portion of the project; and
WHEREAS, the Fiscal Year 2025-2026 Capital Improvement Budget must be amended to fund Project 100813 – Virginia Corridor Ph 7, in a total amount of $1,136,525, to establish transfers, recognize revenue, and increase expenditures.
NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Modesto that it hereby approves the amendments of the Fiscal Year 2025-2026 Capital Improvement Program Budget to fund project 100813 (Virginia Corridor Ph 7) in an amount not to exceed $1,136,525, in transfers, revenue and to budget expenditures to fund the project.
BE IT FURTHER RESOLVED that the City Manager, or his designee, is hereby authorized to take the necessary steps to implement the provisions of this resolution. #27..
- 2284 -
07/22/2025/ENG/NHoux/Item XX 2 2025-XX
The foregoing resolution was introduced at a regular meeting of the Council of the City of Modesto held on the 22nd day of July 2025, by Councilmember , who moved its adoption, which motion being duly seconded by Councilmember , was upon roll call carried and the resolution adopted by the following votes:
AYES: Councilmembers:
NOES: Councilmembers:
ABSENT: Councilmembers:
ATTEST: ________________________________
DIANE NAYARES-PEREZ, CMC,
City Clerk
(SEAL)
APPROVED AS TO FORM:
BY: _____________________________________
JOSE M. SANCHEZ, City Attorney
#27..
- 2285 -
07/22/2025/ESD/NHoux/Item XX 1 2025-XX
MODESTO CITY COUNCIL
RESOLUTION NO. 2025-XX
RESOLUTION AMENDING THE FISCAL YEAR 2025-26 MEASURE H
SPENDING PLAN TO APPROPRIATE FUNDING TO CAPITAL
IMPROVEMENT PROGRAM BUDGET TO FUND PROJECT #100813
(VIRGINIA CORRIDOR PH 7) IN AN AMOUNT NOT TO EXCEED $276,532 IN
TRANSFERS, REVENUE, AND TO BUDGET EXPENDITURES TO FUND THE
PROJECT, AND AUTHORIZING THE CITY MANAGER, OR HIS DESIGNEE,
TO IMPLEMENT THE PROVISIONS OF THIS RESOLUTION
WHEREAS, the City plans to construct the Phase 7 of the Virginia Corridor Project; and
WHEREAS, Measure H funding of $276,532, must be allocated to fund a portion of the project; and
WHEREAS, the Fiscal Year 2025-2026 Capital Improvement Budget must be amended to fund Project 100813 – Virginia Corridor Ph 7, in a total amount of $276,532, to establish transfers, recognize revenue, and increase expenditures.
NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Modesto that it hereby approves the amendments of the Fiscal Year 2025-2026 Capital Improvement Program Budget to fund project 100813 (Virginia Corridor Ph 7) in an amount not to exceed $276.532, in transfers, revenue and to budget expenditures to fund the project.
BE IT FURTHER RESOLVED that the City Manager, or his designee, is hereby authorized to take the necessary steps to implement the provisions of this resolution. #27..
- 2286 -
07/22/2025/ENG/NHoux/Item XX 2 2025-XX
The foregoing resolution was introduced at a regular meeting of the Council of the City of Modesto held on the 22nd day of July 2025, by Councilmember , who moved its adoption, which motion being duly seconded by Councilmember , was upon roll call carried and the resolution adopted by the following votes:
AYES: Councilmembers:
NOES: Councilmembers:
ABSENT: Councilmembers:
ATTEST: ________________________________
DIANE NAYARES-PEREZ, CMC,
City Clerk
(SEAL)
APPROVED AS TO FORM:
BY: _____________________________________
JOSE M. SANCHEZ, City Attorney
#27..
- 2287 -
-1- City of Modesto
Rebid Virginia Corridor Phase 7
CONTRACT
This Agreement, made and entered into in the City of Modesto, County of Stanislaus, State of California, this 22nd day of July 2025, by and between the City of Modesto, a municipal corporation of the State of California, hereinafter called City, and Andrew M Jordan Inc dba A & B Construction, a California Corporation, hereinafter called Contractor, RECITALS :
WHEREAS, the City Manager of the City of Modesto, authorized the call for bids, approved the Plans and Specifications prepared under the direction of the Director of Engineering Services Department for the REBID VIRGINIA CORRIDOR PHASE 7 project and directed the City Clerk to advertise for sealed bids for doing said work and providing that bids be submitted on the 17th day of June, 2025; and
WHEREAS, the City Clerk, thereafter duly and regularly caused a notice to be published in the manner and for the time prescribed by law; and WHEREAS, Contractor, pursuant to the provisions of said notice duly filed a bid with the City Clerk, a true copy of which is now on file in the office of the City Clerk of the City of Modesto, and is hereby referred to and by this reference made a part hereof as fully as if set forth at length herein; and
WHEREAS, all bids received pursuant to said notice were opened and examined and publicly declared at the time specified in said advertisement for bids and at a regular meeting of the City Council held on the 22nd day of July, 2025 by Resolution 2025-____ the Council found and declared the bid of Contractor to be the lowest responsive bid and thereupon awarded a Contract to Contractor to do the Work referred to in the aforementioned Plans and Specifications.
NOW, THEREFORE, the parties hereto mutually agree as follows:
#27..
- 2288 -
-2- City of Modesto
Rebid Virginia Corridor Phase 7
1. SCOPE OF WORK, hereinafter called the Work.
a. Contractor shall furnish all labor, materials and equipment necessary to complete the Work as specified in the Plans and Specifications entitled REBID VIRGINIA CORRIDOR PHASE 7, City of Modesto, Engineering Services Department, Project Number 2025-23, and in strict accordance with the conditions of the complete Contract Documents. All incidental Work not included in the Contract Documents or specified herein which is necessary to complete the Work so as to provide the system described, or shown, shall be furnished and installed as part of this Agreement at no additional cost to the City. The Work shall be complete and ready for service as described in the Contract Documents to the satisfaction of the Director of Engineering Services.
b. Contractor shall do and perform the Work contemplated hereby in a good and workmanlike manner under the direction of and to the satisfaction of the Director of Engineering Services of the City of Modesto.
c. Contractor shall do and perform the Work contemplated hereby and shall furnish all labor, materials, tools and equipment therefore at the prices herein specified to, wit:
CONTRACTOR’S BID
Item
No.
Item Description Unit of
Measure
Estimated
Quantity
Unit Price
(Figures)
Total Price
(Figures)
1. Mobilization (Max 5% of Total Bid) LS 1 $427,000.00 $427,000.00
2. Construction Site Management LS 1 $38,511.68 $38,511.68
3. Monument Preservation LS 1 $44,712.68 $44,712.68
4. Site Demolition LS 1 $341,000.00 $341,000.00
5. Street Sweeping LS 1 $20,000.00 $20,000.00
6. Stormwater Pollution Prevention
Plan (SWPPP)
LS 1 $63,467.71 $63,467.71
#27..
- 2289 -
-3- City of Modesto
Rebid Virginia Corridor Phase 7
Item
No.
Item Description Unit of
Measure
Estimated
Quantity
Unit Price
(Figures)
Total Price
(Figures)
7. Temporary Traffic Control LS 1 $163,478.03 $163,478.03
8. Roadway Excavation CY 2,450 $105.57 $258,646.50
9. Hot Mix Asphalt (Type A) SF 37,365 $4.23 $158,053.95
10. Aggregate Base (Class II) SF 45,920 $4.45 $204,344.00
11. Minor Concrete - Curb and Gutter LF 305 $112.48 $34,306.40
12. Minor Concrete - Curb Ramp SF 305 $53.28 $16,250.40
13. Minor Concrete - Driveway SF 795 $27.98 $22,244.10
14. Minor Concrete - Extruded Median
Curb
LF 215 $57.91 $12,450.65
15. Minor Concrete - 8" Median Curb LF 375 $86.41 $32,403.75
16. Minor Concrete - Sidewalk SF 650 $51.27 $33,325.50
17. Minor Concrete - Stamped Concrete SF 495 $33.22 $16,443.90
18. Barrier Fencing LF 170 $277.82 $47,229.40
19. Striping and Pavement Markings LS 1 $68,669.98 $68,669.98
20. Install Sign EA 59 $683.59 $40,331.81
21. Relocate Sign EA 5 $186.43 $932.15
22. Detectable Warning Surface SF 192 $61.61 $11,829.12
23. Drainage Inlet EA 6 $5,455.69 $32,734.14
24. Drain Pipe (6" PVC Pipe) LF 150 $193.68 $29,052.00
25. 30"x1/2" Wall Steel Pipe Casing LF 102 $2,132.23 $217,487.46
26. 16" Ductile Iron Pipe LF 660 $408.16 $269,385.60
27. 10" Ductile Iron Pipe LF 105 $842.27 $88,438.35
28. 16" - 45 Degree Bend EA 3 $4,849.94 $14,549.82
29. 16" - Butterfly Valve EA 3 $13,741.50 $41,224.50
30. 10" - 90 Degree Bend EA 1 $6,466.59 $6,466.59
31. 10" - Gate Valve EA 1 $10,508.20 $10,508.20
32. 10" x 8" Reducer EA 1 $7,274.91 $7,274.91
33. Air Release Valve EA 1 $13,256.50 $13,256.50
34. Thrust Block EA 6 $2,263.30 $13,579.80
35. Abandon Water Valve EA 3 $3,637.45 $10,912.35
36. Abandon Pipe LF 640 $74.37 $47,596.80
#27..
- 2290 -
-4- City of Modesto
Rebid Virginia Corridor Phase 7
Item
No.
Item Description Unit of
Measure
Estimated
Quantity
Unit Price
(Figures)
Total Price
(Figures)
37. Adjust Utility Cover to Grade EA 7 $2,413.42 $16,893.94
38. Structure Excavation (Bridge) CY 491 $173.60 $85,237.60
39. Structure Excavation (Retaining
Wall)
CY 35 $254.25 $8,898.75
40. Structure Backfill (Bridge) CY 438 $150.00 $65,700.00
41. Structure Backfill (Retaining Wall) CY 28 $621.78 $17,409.84
42. Mechanically Stabilized
Embankment
SF 6,849 $123.67 $847,015.83
43. Structure Concrete (Bridge Footing) CY 137 $1,110.73 $152,170.01
44. Structure Concrete (Bridge) CY 205 $2,600.00 $533,000.00
45. Structure Concrete (Retaining Wall) CY 16 $2,800.00 $44,800.00
46. Bar Reinforcing Steel (Bridge) LB 51,250 $2.18 $111,725.00
47. Bar Reinforcing Steel (Retaining
Wall)
LB 1,245 $2.00 $2,490.00
48. Furnish and Install Prefabricated
Steel Truss Bridge (Weathering
Steel)
EA 3 $402,000.00 $1,206,000.00
49. Minor Concrete (Gutter) LF 434 $93.09 $40,401.06
50. Miscellaneous Metal (Bridge) LB 1,186 $20.66 $24,502.76
51. Anti-Graffiti Coating SF 2,726 $4.72 $12,866.72
52. Cable Railing LF 449 $70.85 $31,811.65
53. Concrete Paving (Pedestrian) Color
A (includes Agg Base, Reinf)
SF 4,260 $42.33 $180,325.80
54. Concrete Paving (Pedestrian) Color
B (includes Agg Base, Reinf)
SF 455 $53.62 $24,397.10
55. Decomposed Granite Shoulder SF 8,020 $4.02 $32,240.40
56. Concrete Mowband LF 780 $60.22 $46,971.60
57. Precast Monument Column With
Wing
EA 5 $10,544.20 $52,721.00
58. Removable Bollard EA 17 $1,788.57 $30,405.69
59. Trash/Recycling Receptacle EA 8 $4,676.10 $37,408.80
60. Virginia Corridor Medallion at
Precast Monuments and Benches
EA 17 $297.40 $5,055.80
#27..
- 2291 -
-5- City of Modesto
Rebid Virginia Corridor Phase 7
Item
No.
Item Description Unit of
Measure
Estimated
Quantity
Unit Price
(Figures)
Total Price
(Figures)
61. Chain Link Gate EA 2 $3,263.23 $6,526.46
62. Split Rail Fence LF 930 $230.72 $214,569.60
63. Split Rail Fence (Modified) LF 550 $296.50 $163,075.00
64. Post and Cable Fence LF 1,275 $71.29 $90,894.75
65. Wood Fence LF 75 $149.36 $11,202.00
66. Wood Headerboard LF 6,135 $6.50 $39,877.50
67. Bench EA 6 $5,693.05 $34,158.30
68. Drinking Fountain EA 1 $20,296.98 $20,296.98
69. Domestic Water Piping LS 1 $56,154.11 $56,154.11
70. Sanitary Sewer LS 1 $27,814.11 $27,814.11
71. Landscape Soil Preparation SF 12,000 $0.45 $5,400.00
72. Import Topsoil CY 1,327 $66.00 $87,582.00
73. Irrigation LS 1 $185,333.00 $185,333.00
74. Trees, 15-Gallon EA 267 $244.00 $65,148.00
75. Shrubs and Groundcovers, 1-Gallon EA 704 $26.00 $18,304.00
76. Non-Irrigated Hydroseed SF 129,855 $0.22 $28,568.10
77. Jute Netting SF 4,350 $1.85 $8,047.50
78. Bark Mulch SF 15,000 $0.81 $12,150.00
79. Concrete Shoulder at Bridge SF 1,410 $25.29 $35,658.90
80. Landscape Maintenance (Monthly) EA 4 $5,422.00 $21,688.00
81. Site Electrical LS 1 $958,200.61 $958,200.61
TOTAL BID $8,559,197.00
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-6- City of Modesto
Rebid Virginia Corridor Phase 7
2. CONTRACT DOCUMENTS. The complete Agreement between the parties consists of the documents listed below, including any addenda to these documents. The documents are complementary and provide for a complete work; if a discrepancy exists, the governing rank of the documents is set forth, in descending order:
a. Executed and signed, written Agreement;
b. Section 008000 Amendments and Supplements to the General Provisions c. All other sections of the Project Specifications;
d. Project Plans;
e. City Standard Details; current edition
f. City Standard Specifications; current edition
g. Revised State Standard Specifications;
h. State Standard Specifications;
i. Revised State Standard Plans;
j. State Standard Plans; and
k. All required Bonds.
All documents specified above are intended to operate so that any component of the Work called for in one and not mentioned in any other, or vice versa, is to be executed the same as if mentioned in all of the documents. The listed documents comprise the Contract Documents.
3. COMMENCEMENT AND COMPLETION OF THE WORK. The Work
contemplated herein shall be commenced on the date specified in the Notice to Proceed for this Agreement. Completion of the work shall comply with the Specification. The Notice to Proceed shall not be issued until the Director of Engineering Services receives and has on file:
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-7- City of Modesto
Rebid Virginia Corridor Phase 7
a. Proofs of insurance (approved by City Risk Manager), b. Bonds (approved by the City Attorney),
c. City of Modesto Business License, and
d. Executed Agreement.
Contractor will not be held responsible for failure to complete the Work within the specified time if delay is due to matters beyond its reasonable control. Contractor shall make all good faith attempts to overcome or to minimize such matters, and to finish the Work in the shortest reasonable amount of time.
4. PAYMENT. Payment for the Work to be done under this Agreement shall be at the price set forth in Section 1 hereof, and in accordance with the Contract Documents, which are incorporated herein by this reference.
5. INDEMNITY. The Contractor shall hold the City, its agents, officers, employees, and volunteers, harmless from and save, defend and indemnify them against any and all claims, losses, liabilities, judgments or damages from every cause, including but not limited to injury to person or property or wrongful death, including reasonable costs and expenses of defense of any judicial or administrative action, arising directly or indirectly out of any negligent or intentional act or omission of Contractor, or its agents, officers, employees, or volunteers relating to or during the performance of its obligations under this Agreement. This provision does not apply to claims, loss, liability, damage or expense arising from (a) the sole negligence or willful misconduct of the City, or (b) the active negligence of the City.
Contractor's obligation to defend, indemnify, and hold the City, its agents, officers, and employees harmless under the provisions of this paragraph is not limited to or restricted by any requirement in this Agreement for Contractor to procure and maintain a policy of insurance.
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-8- City of Modesto
Rebid Virginia Corridor Phase 7
6. INSURANCE. During the term of this Agreement, Contractor shall maintain in full force and effect at its own cost and expense the insurance coverage as set forth in Exhibit A, attached hereto and incorporated herein, and shall otherwise comply with the other provisions of Exhibit A. Contractor is responsible for uploading updated insurance documentation to the City’s “PINS Advantage” program.
a. Subcontractors
Contractor shall require and verify that all subcontractors maintain insurance as required by Exhibit A for the duration of the project and through acceptance by City Council.
7. BONDS. The Contractor shall furnish City the following separate surety bonds:
a. Performance Bond. Within 5 business days after receipt of the Notice of Award and prior to commencement of Work, the Contractor shall furnish a separate surety bond in an amount equal to one hundred percent (100%) of the Agreement price, shall be for the faithful performance of the Agreement, shall be approved by City, and shall be secured from a surety or sureties satisfactory to City.
b. Payment Bond. Within 5 business days after receipt of the Notice of Award and prior to commencement of Work, the Contractor shall furnish a separate surety bond in an amount at least equal to one hundred percent (100%) of the Agreement price as security for the payment of all persons for furnishing materials, provisions, or other supplies, or items, used in, upon, for, or about the performance of the Work contracted to be done; or for performing any work or labor thereon of any kind, and for the payment of amounts due under the Unemployment Insurance Code with respect to such work or labor in connection with this Agreement, and for the payment of a reasonable attorney's fee to be fixed by the court in case #27..
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Rebid Virginia Corridor Phase 7
suit is brought upon the bond.
c. Warranty Bond. Prior to issuance of a Notice of Completion for the contracted work, Contractor shall file with the City a Warranty Bond or equivalent security in the amount of ten percent (10%) of the estimated cost of the contracted work to guaranty and warranty the contracted work for a period of one (1) year following City Council acceptance thereof against any defective work or labor done, or defective materials furnished.
8. COMPLIANCE WITH ALL LAWS. Contractor hereby agrees that it and all subcontractors, if any, in the performance of the work described, designated and shown upon the Contract Documents herein referred to, will comply with all federal, state, county and municipal laws, rules and regulations which may be applicable to the work herein contracted for, whether now in existence or hereafter adopted.
9. TERMINATION OF AGREEMENT.
Termination by City for Default of Contractor
Should Contractor default in the performance of this Agreement or materially breach any of its provisions, at its option, City may terminate this Agreement by giving written notification to Contractor. The termination date shall be the effective date of the notice. For the purposes of this section, material breach of this Agreement shall include, but not be limited to, any of the following: failure to perform required services or duties, willful destruction of City's property by Contractor, dishonesty or theft. Such termination shall be in accordance with the Contract Documents.
If this Agreement is terminated, Contractor shall cease all its work on the project as of the termination date and shall see to it that its employees, subcontractors and agents are notified of such termination and cease their work.
The Contractor understands and agrees that City may, in City's sole #27..
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-10- City of Modesto
Rebid Virginia Corridor Phase 7
discretion, refuse to pay Contractor for that portion of Contractor's services which were performed by Contractor on the project prior to the termination date and which remain unacceptable and/or not useful to City as of the termination date.
Termination by City for Convenience
The City may terminate the Contractor's performance under the Agreement, either in whole or in part, at its own discretion or when conditions encountered during the Work make it impossible or impracticable to proceed, or when the City is prevented from proceeding with the Agreement by act of God, by law, or by official action of a public authority, or upon a determination that such termination is in the best interest and convenience of the City, or whenever the City is prohibited from completing the Work for any reason. The City shall provide no less than ten (10) days written notice of its intent to terminate the Agreement for convenience, and shall endeavor to provide the Contractor with consultation with the City prior to termination.
A. Upon receipt of a written Notice of Termination pursuant to this section, the Contractor shall:
1. Cease its work as directed in the Notice of Termination as of the termination date and see to it that its employees, subcontractors and agents are notified of such termination and act as specified in the Notice of Termination;
2. Terminate all orders and Subcontractors except as
necessary to complete any portion of the Work that is not terminated;
3. If directed in writing by the City to do so, assign all right, title and interest in subcontracts and materials in progress #27..
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-11- City of Modesto
Rebid Virginia Corridor Phase 7
to City, in which case the City will have the right at its discretion to settle, or pay any or all claims arising out of the termination of such subcontractors, but in no event shall recovery by any Contractor or subcontractor include lost profits for portions of the Work not completed or
undertaken, including materials not delivered;
4. Deliver or otherwise make available to the City all data, drawings, specifications, reports, estimates, summaries and such other information and material as may have been
accumulated by the Contractor in performing the Work
whether completed or in process;
5. Settle outstanding liabilities and claims, subject to the approval of City;
6. Complete performance of such part of the Work as has not been terminated;
7. Take such other actions as may be necessary, or as may be directed by the City for the protection and preservation of the Work and/or property related to the Work;
8. If City so requests, and at City's cost, Contractor shall provide sufficient oral or written status reports to make City reasonably aware of the status of Contractor's work on the project.
B. City will pay Contractor an amount based on the percentage of work completed in accordance with the Notice of Termination. The final payment to the #27..
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Rebid Virginia Corridor Phase 7
Contractor after termination for convenience shall be limited to amounts due and owing under the Agreement at time of termination, including the following:
1. Any actual costs incurred by the Contractor for restocking charges;
2. The agreed upon price of protecting the Work in any
manner, if any, as directed by the City;
3. The cost of settling and paying valid claims arising out of the termination of the Work such as subcontract
agreements or contracts for materials;
4. The Agreement price allocable to the portion of the Work properly performed or goods supplied by the Contractor as of the date of termination, as determined in accordance with the Notice of Termination, reduced by any sums
previously paid to the Contractor.
C. The City shall have the right to withhold any portion or the whole of the final payment under this provision in the event there are any outstanding Claims for compensation asserted either by the City against the Contractor or by any third party against the City or the Contractor which arise out of the Contractor's work.
Authorization to Terminate Agreement
Termination of the Agreement may be invoked by the City Manager, or his/her designee, subject to the right of the Contractor to appeal the City Manager, or his/her designee’s, decision to the City Council. The Contractor shall appeal by notifying the City Clerk in writing within ten (10) business days of receipt of notification from City to terminate the Agreement. In the event that termination of this Agreement is upheld by the City Council, any #27..
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-13- City of Modesto
Rebid Virginia Corridor Phase 7
valid claims for delay shall be retroactive to the date of termination selected by the City Manager, or his/her designee.
10. NOTICES. Any notice, payment or instrument required or permitted by this Agreement to be given to either party shall be deemed to have been received when personally delivered, or one calendar week following deposit of the same in any United States Post Office, registered or certified mail, postage prepaid, addressed as follows:
Contractor: Andrew M Jordan Inc dba A & B Construction
Attn: Andrew M Jordan, President
225 3rd Street
Oakland, CA 94607
Phone (510) 999-6000, Fax (510) 982-3636
City: City of Modesto
Director of Engineering Services
P.O. Box 642
Modesto, CA 95353
Phone (209) 577-5444, Fax (209) 577-4302
Each party may change its address for delivery of notice by delivering written notice of such change of address to the other party.
11. WORKFORCE REQUIREMENTS. Contractor included both a signed Local Hire Certification as well as a Skilled and Trained Workforce Certification with its bid, and such certifications are incorporated herein by reference. Contractor shall comply with all applicable requirements, including record keeping requirements, of Articles 7 and 8 of Chapter 3 of the Modesto Municipal Code.
12. EXECUTION OF AGREEMENT. The undersigned signatory(ies) for Contractor warrant(s) and represent(s) that he/she/they is/are legally competent to execute the Agreement and has/have full authority to execute this Agreement. #27..
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-14- City of Modesto
Rebid Virginia Corridor Phase 7
13. DISPUTE RESOLUTION. All claims, controversies, or disputes arising out of or relating to this Agreement, including its performance by either party, shall be finally resolved by arbitration in accordance with the Contract Documents.
14. MISCELLANEOUS. Time is of the essence of this Agreement. #27..
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Exhibit A -1 City of Modesto
Rebid Virginia Corridor Phase 7
Exhibit A:
Insurance Requirements for Construction Contracts
Contractor shall procure and maintain for the duration of the contract, and for 5 years thereafter, insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder and the results of that work by the Contractor, their agents, representatives, employees, or subcontractors.
MINIMUM SCOPE AND LIMIT OF INSURANCE
Coverage shall be at least as broad as:
1. Commercial General Liability (CGL): Insurance Services Office Form CG 00 01 covering CGL on an “occurrence” basis, including products and completed operations, property damage, bodily injury and personal & advertising injury with limits no less than $5,000,000 per occurrence. If a general aggregate limit applies, either the general aggregate limit shall apply separately to this project/location (ISO CG 25 03 or 25 04) or the general aggregate limit shall be twice the required occurrence limit.
2. Automobile Liability: Insurance Services Office Form CA 0001 covering Code 1 (any auto), with limits no less than $5,000,000 per accident for bodily injury and property damage.
3. Workers’ Compensation: as required by the State of California, with Statutory Limits, and Employer’s Liability Insurance with limit of no less than $1,000,000 per accident for bodily injury or disease.
4. Builder’s Risk (Course of Construction) insurance, utilizing an “All Risk” (Special Perils) coverage form, with limits equal to the completed value of the project and no coinsurance penalty provisions, is not required.
5. Professional Liability, with limits no less than $2,000,000 per occurrence or claim (and $2,000,000 policy aggregate), is not required.
6. Contractors’ Pollution Legal Liability and/or Asbestos Legal Liability and/or Errors and Omissions insurance, with limits no less than $2,000,000 per occurrence or claim (and $2,000,000 policy aggregate), is required.
If the contractor maintains broader coverage and/or higher limits than the minimums shown above, the City requires and shall be entitled to the broader coverage and/or the higher limits maintained by the Contractor. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the City. #27..
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Exhibit A -2 City of Modesto
Rebid Virginia Corridor Phase 7
Umbrella or Excess Coverage
The Contractor may use Umbrella or Excess Policies to provide the liability limits as required in this agreement. This form of insurance will be acceptable provided that all of the Primary and Umbrella or Excess Policies shall provide all of the insurance coverages herein required, including, but not limited to, primary and non-contributory, additional insured, Self-Insured Retentions (SIRs), indemnity, and defense requirements. The Umbrella or Excess policies shall be provided on a true “following form” or broader coverage basis, with coverage at least as broad as provided on the underlying Commercial General Liability insurance. No insurance policies maintained by the Additional Insureds, whether primary or excess, and which also apply to a loss covered hereunder, shall be called upon to contribute to a loss until the Contractor’s primary and excess liability policies are exhausted.
The insurance policies are to contain, or be endorsed to contain, the following provisions:
Additional Insured Status
The City of Modesto, its officers, officials, employees, agents, and volunteers are to be covered as additional insureds on the CGL policy with respect to liability arising out of work or operations performed by or on behalf of the Contractor including materials, parts, or equipment furnished in connection with such work or operations. General liability coverage can be provided in the form of an endorsement to the Contractor’s insurance with coverage equal to ISO form CG 2010. For completed operations, a separate endorsement equal to ISO form CG 2037 is required.
Primary Coverage
The Additional Insured coverage under the Contractor’s policy shall be “primary and noncontributory” and will not seek contribution from the City’s insurance or self-insurance and shall be at least as broad as CG 20 01 04 13. The City of Modesto does not accept endorsements limiting the Contractor’s insurance coverage to the sole negligence of the Named Insured.
Builder’s Risk (Course of Construction) Insurance
Contractor may submit evidence of Builder’s Risk insurance in the form of Course of Construction coverage. Such coverage shall name the Entity as a loss payee as their interest may appear. If the project does not involve new or major reconstruction, at the option of the Entity, an Installation Floater may be acceptable. For such projects, a Property Installation Floater shall be obtained that provides for the improvement, remodel, modification, alteration, conversion or adjustment to existing buildings, structures, processes, machinery and equipment. The Property Installation Floater shall provide property damage coverage for any building, structure, machinery, or equipment damaged, impaired, broken, or destroyed during the performance of the Work, including during transit, installation, and testing at the Entity’s site. #27..
- 2304 -
Exhibit A -3 City of Modesto
Rebid Virginia Corridor Phase 7
Claims Made Policies
If any coverage required is written on a claims-made coverage form:
1. The retroactive date must be shown, and this date must be before the execution date of the contract or the beginning of contract work.
2. Insurance must be maintained and evidence of insurance must be provided for at least five (5) years after completion of contract work.
3. If coverage is cancelled or non-renewed, and not replaced with another claims-made policy form with a retroactive date prior to the contract effective, or start of work date, the Contractor must purchase extended reporting period coverage for a minimum of five (5) years after completion of contract work.
4. A copy of the claims reporting requirements must be submitted to the Entity for review.
5. If the services involve lead-based paint or asbestos identification/remediation, the Contractors Pollution Liability policy shall not contain lead-based paint or asbestos exclusions. If the services involve mold identification/remediation, the Contractors Pollution Liability policy shall not contain a mold exclusion, and the definition of Pollution shall include microbial matter, including mold.
Notice of Cancellation
Each insurance policy required above shall provide that coverage shall not be canceled, except with notice to the City.
Waiver of Subrogation
Contractor hereby grants to City a waiver of any right to subrogation which any insurer of said Contractor may acquire against the City by virtue of the payment of any loss under such insurance. Contractor agrees to obtain any endorsement that may be necessary to affect this waiver of subrogation, but this provision applies regardless of whether or not the City has received a waiver of subrogation endorsement from the insurer.
Self-Insured Retentions
All Self-insured retentions must be disclosed to Risk Management for approval and shall not reduce the limits of liability. The City may require the Contractor to purchase coverage with a lower retention or provide proof of ability to pay losses and related investigations, claim administration, and defense expenses within the retention. Any and all deductibles and SIRs shall be the sole responsibility of Contractor or subcontractor who procured such insurance and shall not apply to the Indemnified Additional Insured Parties. #27..
- 2305 -
Exhibit A -4 City of Modesto
Rebid Virginia Corridor Phase 7
Acceptability of Insurers
Insurance is to be placed with insurers with a current A.M. Best’s rating of no less than A:VII, unless otherwise acceptable to the City.
Verification of Coverage
Contractor shall furnish the City with original certificates and amendatory endorsements or copies of the applicable policy language effecting coverage required by this clause and a copy of the Declarations and Endorsements Pages of the CGL and any Excess policies listing all policy endorsements. All certificates and endorsements are to be received and approved by the City’s Risk Management Division before work commences. However, failure to obtain the required documents prior to the work beginning shall not waive the Contractor’s obligation to provide them. The City reserves the right to require complete, certified copies of all required insurance policies, including endorsements required by these specifications, at any time. City reserves the right to obtain a full certified copy of any insurance policy and endorsements. Failure to exercise this right shall not constitute a waiver of right to exercise later.
Duration of Coverage
CGL & Excess liability policies for any construction related work, including, but not limited to, maintenance, service, or repair work, shall continue coverage for a minimum of 5 years for Completed Operations liability coverage. Such Insurance must be maintained and evidence of insurance must be provided for at least five (5) years after completion of the contract of work.
Special Risks or Circumstances
City reserves the right to modify these requirements, including limits, based on the nature of the risk, prior experience, insurer, coverage, or other special circumstances.
Certificate Holder Address
Proper address for mailing certificates, endorsements and notices shall be:
City of Modesto
Attn: Risk Management
1010 10th Street
Modesto, CA 95354
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- 2308 -
Rebid Virginia Corridor Phase 7
Bid Tabulation Wednesday, June 18, 2025
Project Title: Rebid Virginia Corridor Phase 7
Project ID #: 2025-23
Vault ID #: 19-D-0377
Account #: 100813
Bid Opening: 6/17/2025 at 11:00 AM Designer: Mark Thomas Inc.
Basis of Award: Base Bid Design Manager: Ken Peterson
Project Description: This project consists of construction of a 0.5 mile Class I Trail, with a large pedestrian bridge over Standiford Avenue, from north of Woodrow Avenue to the intersection at West Union Avenue.
Item # Item Description Units Quantity Unit Price Extension Apparent Low Bidder
Andrew M. Jordan Inc. dba A & B Construction
(510) 999-6000, Fax (510) 982-3636 225 3rd Street, Oakland, CA 94607 Base Bid
1. Mobilization (Max 5% of Total Bid) LS 1 $427,000.00 $427,000.00
2. Construction Site Management LS 1 $38,511.68 $38,511.68
3. Monument Preservation LS 1 $44,712.68 $44,712.68
4. Site Demolition LS 1 $341,000.00 $341,000.00
5. Street Sweeping LS 1 $20,000.00 $20,000.00
6. Stormwater Pollution Prevention Plan LS 1 $63,467.71 $63,467.71 (SWPPP)
7. Temporary Traffic Control LS 1 $163,478.03 $163,478.03
8. Roadway Excavation CY 2,450 $105.57 $258,646.50
9. Hot Mix Asphalt (Type A) SF 37,365 $4.23 $158,053.95
10. Aggregate Base (Class II) SF 45,920 $4.45 $204,344.00
11. Minor Concrete - Curb and Gutter LF 305 $112.48 $34,306.40
12. Minor Concrete - Curb Ramp SF 305 $53.28 $16,250.40
13. Minor Concrete - Driveway SF 795 $27.98 $22,244.10
14. Minor Concrete - Extruded Median Curb LF 215 $57.91 $12,450.65
15. Minor Concrete - 8" Median Curb LF 375 $86.41 $32,403.75
16. Minor Concrete - Sidewalk SF 650 $51.27 $33,325.50
17. Minor Concrete - Stamped Concrete SF 495 $33.22 $16,443.90
18. Barrier Fencing LF 170 $277.82 $47,229.40
19. Striping and Pavement Markings LS 1 $68,669.98 $68,669.98
20. Install Sign EA 59 $683.59 $40,331.81
21. Relocate Sign EA 5 $186.43 $932.15
22. Detectable Warning Surface SF 192 $61.61 $11,829.12
23. Drainage Inlet EA 6 $5,455.69 $32,734.14
24. Drain Pipe (6" PVC Pipe) LF 150 $193.68 $29,052.00
25. 30"x1/2" Wall Steel Pipe Casing LF 102 $2,132.23 $217,487.46
26. 16" Ductile Iron Pipe LF 660 $408.16 $269,385.60
27. 10" Ductile Iron Pipe LF 105 $842.27 $88,438.35
28. 16" - 45 Degree Bend EA 3 $4,849.94 $14,549.82
29. 16" - Butterfly Valve EA 3 $13,741.50 $41,224.50
30. 10" - 90 Degree Bend EA 1 $6,466.59 $6,466.59
31. 10" - Gate Valve EA 1 $10,508.20 $10,508.20
32. 10" x 8" Reducer EA 1 $7,274.91 $7,274.91
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Rebid Virginia Corridor Phase 7
Item # Item Description Units Quantity Unit Price Extension
33. Air Release Valve EA 1 $13,256.50 $13,256.50
34. Thrust Block EA 6 $2,263.30 $13,579.80
35. Abandon Water Valve EA 3 $3,637.45 $10,912.35
36. Abandon Pipe LF 640 $74.37 $47,596.80
37. Adjust Utility Cover to Grade EA 7 $2,413.42 $16,893.94
38. Structure Excavation (Bridge) CY 491 $173.60 $85,237.60
39. Structure Excavation (Retaining Wall) CY 35 $254.25 $8,898.75
40. Structure Backfill (Bridge) CY 438 $150.00 $65,700.00
41. Structure Backfill (Retaining Wall) CY 28 $621.78 $17,409.84
42. Mechanically Stabilized Embankment SF 6,849 $123.67 $847,015.83
43. Structure Concrete (Bridge Footing) CY 137 $1,110.73 $152,170.01
44. Structure Concrete (Bridge) CY 205 $2,600.00 $533,000.00
45. Structure Concrete (Retaining Wall) CY 16 $2,800.00 $44,800.00
46. Bar Reinforcing Steel (Bridge) LB 51,250 $2.18 $111,725.00
47. Bar Reinforcing Steel (Retaining Wall) LB 1,245 $2.00 $2,490.00
48. Furnish and Install Prefabricated Steel EA 3 $402,000.00 $1,206,000.00 Truss Bridge (Weathering Steel)
49. Minor Concrete (Gutter) LF 434 $93.09 $40,401.06
50. Miscellaneous Metal (Bridge) LB 1,186 $20.66 $24,502.76
51. Anti-Graffiti Coating SF 2,726 $4.72 $12,866.72
52. Cable Railing LF 449 $70.85 $31,811.65
53. Concrete Paving (Pedestrian) Color A SF 4,260 $42.33 $180,325.80 (includes Agg Base, Reinf)
54. Concrete Paving (Pedestrian) Color B SF 455 $53.62 $24,397.10 (includes Agg Base, Reinf)
55. Decomposed Granite Shoulder SF 8,020 $4.02 $32,240.40
56. Concrete Mowband LF 780 $60.22 $46,971.60
57. Precast Monument Column With Wing EA 5 $10,544.20 $52,721.00
58. Removable Bollard EA 17 $1,788.57 $30,405.69
59. Trash/Recycling Receptacle EA 8 $4,676.10 $37,408.80
60. Virginia Corridor Medallion at Precast EA 17 $297.40 $5,055.80 Monuments and Benches
61. Chain Link Gate EA 2 $3,263.23 $6,526.46
62. Split Rail Fence LF 930 $230.72 $214,569.60
63. Split Rail Fence (Modified) LF 550 $296.50 $163,075.00
64. Post and Cable Fence LF 1,275 $71.29 $90,894.75
65. Wood Fence LF 75 $149.36 $11,202.00
66. Wood Headerboard LF 6,135 $6.50 $39,877.50
67. Bench EA 6 $5,693.05 $34,158.30
68. Drinking Fountain EA 1 $20,296.98 $20,296.98
69. Domestic Water Piping LS 1 $56,154.11 $56,154.11
70. Sanitary Sewer LS 1 $27,814.11 $27,814.11
71. Landscape Soil Preparation SF 12,000 $0.45 $5,400.00
72. Import Topsoil CY 1,327 $66.00 $87,582.00
73. Irrigation LS 1 $185,333.00 $185,333.00
74. Trees, 15-Gallon EA 267 $244.00 $65,148.00
75. Shrubs and Groundcovers, 1-Gallon EA 704 $26.00 $18,304.00
76. Non-Irrigated Hydroseed SF 129,855 $0.22 $28,568.10
77. Jute Netting SF 4,350 $1.85 $8,047.50
78. Bark Mulch SF 15,000 $0.81 $12,150.00
79. Concrete Shoulder at Bridge SF 1,410 $25.29 $35,658.90 #27..
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Rebid Virginia Corridor Phase 7
Item # Item Description Units Quantity Unit Price Extension
80. Landscape Maintenance (Monthly) EA 4 $5,422.00 $21,688.00
81. Site Electrical LS 1 $958,200.61 $958,200.61
Total: $8,559,197.00
Percent From Engineer's Estimate: -5.00%
George Reed, Inc.
(209) 523-0734 P.O. Box 4760, Modesto, CA 95352
Base Bid
1. Mobilization (Max 5% of Total Bid) LS 1 $474,000.00 $474,000.00
2. Construction Site Management LS 1 $100,000.00 $100,000.00
3. Monument Preservation LS 1 $25,000.00 $25,000.00
4. Site Demolition LS 1 $170,000.00 $170,000.00
5. Street Sweeping LS 1 $75,000.00 $75,000.00
6. Stormwater Pollution Prevention Plan LS 1 $40,000.00 $40,000.00 (SWPPP)
7. Temporary Traffic Control LS 1 $135,000.90 $135,000.90
8. Roadway Excavation CY 2,450 $30.00 $73,500.00
9. Hot Mix Asphalt (Type A) SF 37,365 $9.00 $336,285.00
10. Aggregate Base (Class II) SF 45,920 $6.00 $275,520.00
11. Minor Concrete - Curb and Gutter LF 305 $90.00 $27,450.00
12. Minor Concrete - Curb Ramp SF 305 $25.00 $7,625.00
13. Minor Concrete - Driveway SF 795 $35.00 $27,825.00
14. Minor Concrete - Extruded Median Curb LF 215 $26.00 $5,590.00
15. Minor Concrete - 8" Median Curb LF 375 $55.00 $20,625.00
16. Minor Concrete - Sidewalk SF 650 $24.00 $15,600.00
17. Minor Concrete - Stamped Concrete SF 495 $52.00 $25,740.00
18. Barrier Fencing LF 170 $222.65 $37,850.50
19. Striping and Pavement Markings LS 1 $66,850.00 $66,850.00
20. Install Sign EA 59 $550.00 $32,450.00
21. Relocate Sign EA 5 $850.00 $4,250.00
22. Detectable Warning Surface SF 192 $115.00 $22,080.00
23. Drainage Inlet EA 6 $2,300.00 $13,800.00
24. Drain Pipe (6" PVC Pipe) LF 150 $78.00 $11,700.00
25. 30"x1/2" Wall Steel Pipe Casing LF 102 $1,700.00 $173,400.00
26. 16" Ductile Iron Pipe LF 660 $329.00 $217,140.00
27. 10" Ductile Iron Pipe LF 105 $420.00 $44,100.00
28. 16" - 45 Degree Bend EA 3 $2,400.00 $7,200.00
29. 16" - Butterfly Valve EA 3 $15,000.00 $45,000.00
30. 10" - 90 Degree Bend EA 1 $960.00 $960.00
31. 10" - Gate Valve EA 1 $6,100.00 $6,100.00
32. 10" x 8" Reducer EA 1 $600.00 $600.00
33. Air Release Valve EA 1 $10,000.00 $10,000.00
34. Thrust Block EA 6 $270.00 $1,620.00
35. Abandon Water Valve EA 3 $5,000.00 $15,000.00
36. Abandon Pipe LF 640 $54.00 $34,560.00
37. Adjust Utility Cover to Grade EA 7 $2,700.00 $18,900.00
38. Structure Excavation (Bridge) CY 491 $160.00 $78,560.00
39. Structure Excavation (Retaining Wall) CY 35 $150.00 $5,250.00
40. Structure Backfill (Bridge) CY 438 $180.00 $78,840.00
41. Structure Backfill (Retaining Wall) CY 28 $200.00 $5,600.00 #27..
- 2311 -
Rebid Virginia Corridor Phase 7
Item # Item Description Units Quantity Unit Price Extension
42. Mechanically Stabilized Embankment SF 6,849 $255.00 $1,746,495.00
43. Structure Concrete (Bridge Footing) CY 137 $1,350.00 $184,950.00
44. Structure Concrete (Bridge) CY 205 $4,350.00 $891,750.00
45. Structure Concrete (Retaining Wall) CY 16 $5,000.00 $80,000.00
46. Bar Reinforcing Steel (Bridge) LB 51,250 $2.90 $148,625.00
47. Bar Reinforcing Steel (Retaining Wall) LB 1,245 $2.90 $3,610.50
48. Furnish and Install Prefabricated Steel EA 3 $390,000.00 $1,170,000.00 Truss Bridge (Weathering Steel)
49. Minor Concrete (Gutter) LF 434 $50.00 $21,700.00
50. Miscellaneous Metal (Bridge) LB 1,186 $20.00 $23,720.00
51. Anti-Graffiti Coating SF 2,726 $72.50 $197,635.00
52. Cable Railing LF 449 $110.00 $49,390.00
53. Concrete Paving (Pedestrian) Color A SF 4,260 $33.00 $140,580.00 (includes Agg Base, Reinf)
54. Concrete Paving (Pedestrian) Color B SF 455 $28.00 $12,740.00 (includes Agg Base, Reinf)
55. Decomposed Granite Shoulder SF 8,020 $5.10 $40,902.00
56. Concrete Mowband LF 780 $12.00 $9,360.00
57. Precast Monument Column With Wing EA 5 $8,500.00 $42,500.00
58. Removable Bollard EA 17 $2,000.00 $34,000.00
59. Trash/Recycling Receptacle EA 8 $4,500.00 $36,000.00
60. Virginia Corridor Medallion at Precast EA 17 $580.00 $9,860.00 Monuments and Benches
61. Chain Link Gate EA 2 $3,263.00 $6,526.00
62. Split Rail Fence LF 930 $202.00 $187,860.00
63. Split Rail Fence (Modified) LF 550 $296.00 $162,800.00
64. Post and Cable Fence LF 1,275 $33.15 $42,266.25
65. Wood Fence LF 75 $150.00 $11,250.00
66. Wood Headerboard LF 6,135 $10.00 $61,350.00
67. Bench EA 6 $4,300.00 $25,800.00
68. Drinking Fountain EA 1 $8,000.00 $8,000.00
69. Domestic Water Piping LS 1 $7,500.00 $7,500.00
70. Sanitary Sewer LS 1 $7,500.00 $7,500.00
71. Landscape Soil Preparation SF 12,000 $0.45 $5,400.00
72. Import Topsoil CY 1,327 $66.00 $87,582.00
73. Irrigation LS 1 $185,333.00 $185,333.00
74. Trees, 15-Gallon EA 267 $244.00 $65,148.00
75. Shrubs and Groundcovers, 1-Gallon EA 704 $26.00 $18,304.00
76. Non-Irrigated Hydroseed SF 129,855 $0.22 $28,568.10
77. Jute Netting SF 4,350 $1.85 $8,047.50
78. Bark Mulch SF 15,000 $0.81 $12,150.00
79. Concrete Shoulder at Bridge SF 1,410 $14.77 $20,825.70
80. Landscape Maintenance (Monthly) EA 4 $5,422.00 $21,688.00
81. Site Electrical LS 1 $922,015.00 $922,015.00
Total: $9,506,302.45
Percent From Engineer's Estimate: 5.51%
#27..
- 2312 -
Rebid Virginia Corridor Phase 7
Item # Item Description Units Quantity Unit Price Extension United Pavement Maintenance, Inc.
(209) 883-4345 PO Box 1017, Hughson, CA 95326
Base Bid
1. Mobilization (Max 5% of Total Bid) LS 1 $482,545.00 $482,545.00
2. Construction Site Management LS 1 $132,000.00 $132,000.00
3. Monument Preservation LS 1 $28,804.00 $28,804.00
4. Site Demolition LS 1 $371,017.00 $371,017.00
5. Street Sweeping LS 1 $88,000.00 $88,000.00
6. Stormwater Pollution Prevention Plan LS 1 $39,279.00 $39,279.00 (SWPPP)
7. Temporary Traffic Control LS 1 $378,000.00 $378,000.00
8. Roadway Excavation CY 2,450 $80.00 $196,000.00
9. Hot Mix Asphalt (Type A) SF 37,365 $3.50 $130,777.50
10. Aggregate Base (Class II) SF 45,920 $3.96 $181,843.20
11. Minor Concrete - Curb and Gutter LF 305 $130.00 $39,650.00
12. Minor Concrete - Curb Ramp SF 305 $70.00 $21,350.00
13. Minor Concrete - Driveway SF 795 $35.00 $27,825.00
14. Minor Concrete - Extruded Median Curb LF 215 $100.00 $21,500.00
15. Minor Concrete - 8" Median Curb LF 375 $110.00 $41,250.00
16. Minor Concrete - Sidewalk SF 650 $30.00 $19,500.00
17. Minor Concrete - Stamped Concrete SF 495 $45.00 $22,275.00
18. Barrier Fencing LF 170 $222.65 $37,850.50
19. Striping and Pavement Markings LS 1 $57,500.00 $57,500.00
20. Install Sign EA 59 $632.50 $37,317.50
21. Relocate Sign EA 5 $172.50 $862.50
22. Detectable Warning Surface SF 192 $80.00 $15,360.00
23. Drainage Inlet EA 6 $7,500.00 $45,000.00
24. Drain Pipe (6" PVC Pipe) LF 150 $200.00 $30,000.00
25. 30"x1/2" Wall Steel Pipe Casing LF 102 $2,180.00 $222,360.00
26. 16" Ductile Iron Pipe LF 660 $310.00 $204,600.00
27. 10" Ductile Iron Pipe LF 105 $400.00 $42,000.00
28. 16" - 45 Degree Bend EA 3 $5,000.00 $15,000.00
29. 16" - Butterfly Valve EA 3 $14,000.00 $42,000.00
30. 10" - 90 Degree Bend EA 1 $5,000.00 $5,000.00
31. 10" - Gate Valve EA 1 $10,000.00 $10,000.00
32. 10" x 8" Reducer EA 1 $3,500.00 $3,500.00
33. Air Release Valve EA 1 $4,800.00 $4,800.00
34. Thrust Block EA 6 $1,000.00 $6,000.00
35. Abandon Water Valve EA 3 $2,500.00 $7,500.00
36. Abandon Pipe LF 640 $55.00 $35,200.00
37. Adjust Utility Cover to Grade EA 7 $1,500.00 $10,500.00
38. Structure Excavation (Bridge) CY 491 $184.00 $90,344.00
39. Structure Excavation (Retaining Wall) CY 35 $172.00 $6,020.00
40. Structure Backfill (Bridge) CY 438 $207.00 $90,666.00
41. Structure Backfill (Retaining Wall) CY 28 $230.00 $6,440.00
42. Mechanically Stabilized Embankment SF 6,849 $180.00 $1,232,820.00
43. Structure Concrete (Bridge Footing) CY 137 $1,552.00 $212,624.00
44. Structure Concrete (Bridge) CY 205 $5,000.00 $1,025,000.00
45. Structure Concrete (Retaining Wall) CY 16 $5,750.00 $92,000.00
46. Bar Reinforcing Steel (Bridge) LB 51,250 $2.00 $102,500.00 #27..
- 2313 -
Rebid Virginia Corridor Phase 7
Item # Item Description Units Quantity Unit Price Extension
47. Bar Reinforcing Steel (Retaining Wall) LB 1,245 $3.20 $3,984.00
48. Furnish and Install Prefabricated Steel EA 3 $500,000.00 $1,500,000.00 Truss Bridge (Weathering Steel)
49. Minor Concrete (Gutter) LF 434 $100.00 $43,400.00
50. Miscellaneous Metal (Bridge) LB 1,186 $23.00 $27,278.00
51. Anti-Graffiti Coating SF 2,726 $83.00 $226,258.00
52. Cable Railing LF 449 $126.00 $56,574.00
53. Concrete Paving (Pedestrian) Color A SF 4,260 $45.00 $191,700.00 (includes Agg Base, Reinf)
54. Concrete Paving (Pedestrian) Color B SF 455 $60.00 $27,300.00 (includes Agg Base, Reinf)
55. Decomposed Granite Shoulder SF 8,020 $5.10 $40,902.00
56. Concrete Mowband LF 780 $100.00 $78,000.00
57. Precast Monument Column With Wing EA 5 $8,000.00 $40,000.00
58. Removable Bollard EA 17 $2,500.00 $42,500.00
59. Trash/Recycling Receptacle EA 8 $3,500.00 $28,000.00
60. Virginia Corridor Medallion at Precast EA 17 $500.00 $8,500.00 Monuments and Benches
61. Chain Link Gate EA 2 $3,263.23 $6,526.46
62. Split Rail Fence LF 930 $202.13 $187,980.90
63. Split Rail Fence (Modified) LF 550 $295.75 $162,662.50
64. Post and Cable Fence LF 1,275 $33.15 $42,266.25
65. Wood Fence LF 75 $149.36 $11,202.00
66. Wood Headerboard LF 6,135 $8.37 $51,349.95
67. Bench EA 6 $5,000.00 $30,000.00
68. Drinking Fountain EA 1 $17,000.00 $17,000.00
69. Domestic Water Piping LS 1 $25,000.00 $25,000.00
70. Sanitary Sewer LS 1 $25,000.00 $25,000.00
71. Landscape Soil Preparation SF 12,000 $0.45 $5,400.00
72. Import Topsoil CY 1,327 $66.00 $87,582.00
73. Irrigation LS 1 $185,333.00 $185,333.00
74. Trees, 15-Gallon EA 267 $244.00 $65,148.00
75. Shrubs and Groundcovers, 1-Gallon EA 704 $26.00 $18,304.00
76. Non-Irrigated Hydroseed SF 129,855 $0.22 $28,568.10
77. Jute Netting SF 4,350 $1.85 $8,047.50
78. Bark Mulch SF 15,000 $0.81 $12,150.00
79. Concrete Shoulder at Bridge SF 1,410 $40.00 $56,400.00
80. Landscape Maintenance (Monthly) EA 4 $5,422.00 $21,688.00
81. Site Electrical LS 1 $1,062,657.00 $1,062,657.00
Total: $10,337,041.86
Percent From Engineer's Estimate: 14.73%
Viking Construction Company, Inc.
(916) 852-5530 PO Box 1508, Rancho Cordova, CA 95741
Base Bid
1. Mobilization (Max 5% of Total Bid) LS 1 $550,000.00 $550,000.00
2. Construction Site Management LS 1 $100,000.00 $100,000.00
3. Monument Preservation LS 1 $2,500.00 $2,500.00
4. Site Demolition LS 1 $350,000.00 $350,000.00
5. Street Sweeping LS 1 $30,000.00 $30,000.00
#27..
- 2314 -
Rebid Virginia Corridor Phase 7
Item # Item Description Units Quantity Unit Price Extension
6. Stormwater Pollution Prevention Plan LS 1 $200,000.00 $200,000.00 (SWPPP)
7. Temporary Traffic Control LS 1 $250,000.00 $250,000.00
8. Roadway Excavation CY 2,450 $200.00 $490,000.00
9. Hot Mix Asphalt (Type A) SF 37,365 $5.50 $205,507.50
10. Aggregate Base (Class II) SF 45,920 $4.00 $183,680.00
11. Minor Concrete - Curb and Gutter LF 305 $185.00 $56,425.00
12. Minor Concrete - Curb Ramp SF 305 $135.00 $41,175.00
13. Minor Concrete - Driveway SF 795 $75.00 $59,625.00
14. Minor Concrete - Extruded Median Curb LF 215 $225.00 $48,375.00
15. Minor Concrete - 8" Median Curb LF 375 $165.00 $61,875.00
16. Minor Concrete - Sidewalk SF 650 $85.00 $55,250.00
17. Minor Concrete - Stamped Concrete SF 495 $45.00 $22,275.00
18. Barrier Fencing LF 170 $450.00 $76,500.00
19. Striping and Pavement Markings LS 1 $75,000.00 $75,000.00
20. Install Sign EA 59 $350.00 $20,650.00
21. Relocate Sign EA 5 $350.00 $1,750.00
22. Detectable Warning Surface SF 192 $75.00 $14,400.00
23. Drainage Inlet EA 6 $2,500.00 $15,000.00
24. Drain Pipe (6" PVC Pipe) LF 150 $150.00 $22,500.00
25. 30"x1/2" Wall Steel Pipe Casing LF 102 $1,900.00 $193,800.00
26. 16" Ductile Iron Pipe LF 660 $365.00 $240,900.00
27. 10" Ductile Iron Pipe LF 105 $465.00 $48,825.00
28. 16" - 45 Degree Bend EA 3 $2,650.00 $7,950.00
29. 16" - Butterfly Valve EA 3 $16,500.00 $49,500.00
30. 10" - 90 Degree Bend EA 1 $1,050.00 $1,050.00
31. 10" - Gate Valve EA 1 $6,750.00 $6,750.00
32. 10" x 8" Reducer EA 1 $660.00 $660.00
33. Air Release Valve EA 1 $11,000.00 $11,000.00
34. Thrust Block EA 6 $300.00 $1,800.00
35. Abandon Water Valve EA 3 $5,500.00 $16,500.00
36. Abandon Pipe LF 640 $60.00 $38,400.00
37. Adjust Utility Cover to Grade EA 7 $1,000.00 $7,000.00
38. Structure Excavation (Bridge) CY 491 $300.00 $147,300.00
39. Structure Excavation (Retaining Wall) CY 35 $250.00 $8,750.00
40. Structure Backfill (Bridge) CY 438 $200.00 $87,600.00
41. Structure Backfill (Retaining Wall) CY 28 $200.00 $5,600.00
42. Mechanically Stabilized Embankment SF 6,849 $275.00 $1,883,475.00
43. Structure Concrete (Bridge Footing) CY 137 $1,600.00 $219,200.00
44. Structure Concrete (Bridge) CY 205 $3,685.00 $755,425.00
45. Structure Concrete (Retaining Wall) CY 16 $2,750.00 $44,000.00
46. Bar Reinforcing Steel (Bridge) LB 51,250 $4.00 $205,000.00
47. Bar Reinforcing Steel (Retaining Wall) LB 1,245 $4.00 $4,980.00
48. Furnish and Install Prefabricated Steel EA 3 $400,000.00 $1,200,000.00 Truss Bridge (Weathering Steel)
49. Minor Concrete (Gutter) LF 434 $135.00 $58,590.00
50. Miscellaneous Metal (Bridge) LB 1,186 $15.00 $17,790.00
51. Anti-Graffiti Coating SF 2,726 $1.50 $4,089.00
52. Cable Railing LF 449 $110.00 $49,390.00
53. Concrete Paving (Pedestrian) Color A SF 4,260 $75.00 $319,500.00 (includes Agg Base, Reinf)
#27..
- 2315 -
Rebid Virginia Corridor Phase 7
Item # Item Description Units Quantity Unit Price Extension
54. Concrete Paving (Pedestrian) Color B SF 455 $90.00 $40,950.00 (includes Agg Base, Reinf)
55. Decomposed Granite Shoulder SF 8,020 $7.00 $56,140.00
56. Concrete Mowband LF 780 $135.00 $105,300.00
57. Precast Monument Column With Wing EA 5 $17,500.00 $87,500.00
58. Removable Bollard EA 17 $2,000.00 $34,000.00
59. Trash/Recycling Receptacle EA 8 $4,000.00 $32,000.00
60. Virginia Corridor Medallion at Precast EA 17 $1,000.00 $17,000.00 Monuments and Benches
61. Chain Link Gate EA 2 $2,500.00 $5,000.00
62. Split Rail Fence LF 930 $225.00 $209,250.00
63. Split Rail Fence (Modified) LF 550 $325.00 $178,750.00
64. Post and Cable Fence LF 1,275 $55.00 $70,125.00
65. Wood Fence LF 75 $200.00 $15,000.00
66. Wood Headerboard LF 6,135 $5.00 $30,675.00
67. Bench EA 6 $5,000.00 $30,000.00
68. Drinking Fountain EA 1 $10,000.00 $10,000.00
69. Domestic Water Piping LS 1 $10,000.00 $10,000.00
70. Sanitary Sewer LS 1 $10,000.00 $10,000.00
71. Landscape Soil Preparation SF 12,000 $1.00 $12,000.00
72. Import Topsoil CY 1,327 $125.00 $165,875.00
73. Irrigation LS 1 $200,000.00 $200,000.00
74. Trees, 15-Gallon EA 267 $215.00 $57,405.00
75. Shrubs and Groundcovers, 1-Gallon EA 704 $18.00 $12,672.00
76. Non-Irrigated Hydroseed SF 129,855 $0.16 $20,776.80
77. Jute Netting SF 4,350 $1.00 $4,350.00
78. Bark Mulch SF 15,000 $1.00 $15,000.00
79. Concrete Shoulder at Bridge SF 1,410 $40.00 $56,400.00
80. Landscape Maintenance (Monthly) EA 4 $2,500.00 $10,000.00
81. Site Electrical LS 1 $978,000.00 $978,000.00
Total: $11,041,480.30
Percent From Engineer's Estimate: 22.54%
Engineer's Estimate
Base Bid
1. Mobilization (Max 5% of Total Bid) LS 1 $350,000.00 $350,000.00
2. Construction Site Management LS 1 $150,000.00 $150,000.00
3. Monument Preservation LS 1 $35,000.00 $35,000.00
4. Site Demolition LS 1 $225,000.00 $225,000.00
5. Street Sweeping LS 1 $50,000.00 $50,000.00
6. Stormwater Pollution Prevention Plan LS 1 $50,000.00 $50,000.00 (SWPPP)
7. Temporary Traffic Control LS 1 $100,000.00 $100,000.00
8. Roadway Excavation CY 2,450 $130.00 $318,500.00
9. Hot Mix Asphalt (Type A) SF 37,365 $4.65 $173,747.25
10. Aggregate Base (Class II) SF 45,920 $4.82 $221,334.40
11. Minor Concrete - Curb and Gutter LF 305 $90.00 $27,450.00
12. Minor Concrete - Curb Ramp SF 305 $55.00 $16,775.00
13. Minor Concrete - Driveway SF 795 $35.00 $27,825.00
14. Minor Concrete - Extruded Median Curb LF 215 $80.00 $17,200.00 #27..
- 2316 -
Rebid Virginia Corridor Phase 7
Item # Item Description Units Quantity Unit Price Extension
15. Minor Concrete - 8" Median Curb LF 375 $90.00 $33,750.00
16. Minor Concrete - Sidewalk SF 650 $35.00 $22,750.00
17. Minor Concrete - Stamped Concrete SF 495 $35.00 $17,325.00
18. Barrier Fencing LF 170 $160.00 $27,200.00
19. Striping and Pavement Markings LS 1 $45,000.00 $45,000.00
20. Install Sign EA 59 $800.00 $47,200.00
21. Relocate Sign EA 5 $650.00 $3,250.00
22. Detectable Warning Surface SF 192 $70.00 $13,440.00
23. Drainage Inlet EA 6 $5,500.00 $33,000.00
24. Drain Pipe (6" PVC Pipe) LF 150 $200.00 $30,000.00
25. 30"x1/2" Wall Steel Pipe Casing LF 102 $2,000.00 $204,000.00
26. 16" Ductile Iron Pipe LF 660 $450.00 $297,000.00
27. 10" Ductile Iron Pipe LF 105 $400.00 $42,000.00
28. 16" - 45 Degree Bend EA 3 $5,000.00 $15,000.00
29. 16" - Butterfly Valve EA 3 $15,000.00 $45,000.00
30. 10" - 90 Degree Bend EA 1 $5,000.00 $5,000.00
31. 10" - Gate Valve EA 1 $12,000.00 $12,000.00
32. 10" x 8" Reducer EA 1 $4,000.00 $4,000.00
33. Air Release Valve EA 1 $12,000.00 $12,000.00
34. Thrust Block EA 6 $2,500.00 $15,000.00
35. Abandon Water Valve EA 3 $2,500.00 $7,500.00
36. Abandon Pipe LF 640 $65.00 $41,600.00
37. Adjust Utility Cover to Grade EA 7 $1,500.00 $10,500.00
38. Structure Excavation (Bridge) CY 491 $200.00 $98,200.00
39. Structure Excavation (Retaining Wall) CY 35 $200.00 $7,000.00
40. Structure Backfill (Bridge) CY 438 $250.00 $109,500.00
41. Structure Backfill (Retaining Wall) CY 28 $500.00 $14,000.00
42. Mechanically Stabilized Embankment SF 6,849 $150.00 $1,027,350.00
43. Structure Concrete (Bridge Footing) CY 137 $850.00 $116,450.00
44. Structure Concrete (Bridge) CY 205 $2,000.00 $410,000.00
45. Structure Concrete (Retaining Wall) CY 16 $2,000.00 $32,000.00
46. Bar Reinforcing Steel (Bridge) LB 51,250 $4.00 $205,000.00
47. Bar Reinforcing Steel (Retaining Wall) LB 1,245 $10.00 $12,450.00
48. Furnish and Install Prefabricated Steel EA 3 $500,000.00 $1,500,000.00 Truss Bridge (Weathering Steel)
49. Minor Concrete (Gutter) LF 434 $100.00 $43,400.00
50. Miscellaneous Metal (Bridge) LB 1,186 $40.00 $47,440.00
51. Anti-Graffiti Coating SF 2,726 $13.00 $35,438.00
52. Cable Railing LF 449 $75.00 $33,675.00
53. Concrete Paving (Pedestrian) Color A SF 4,260 $40.00 $170,400.00 (includes Agg Base, Reinf)
54. Concrete Paving (Pedestrian) Color B SF 455 $60.00 $27,300.00 (includes Agg Base, Reinf)
55. Decomposed Granite Shoulder SF 8,020 $6.00 $48,120.00
56. Concrete Mowband LF 780 $80.00 $62,400.00
57. Precast Monument Column With Wing EA 5 $6,000.00 $30,000.00
58. Removable Bollard EA 17 $1,750.00 $29,750.00
59. Trash/Recycling Receptacle EA 8 $3,500.00 $28,000.00
60. Virginia Corridor Medallion at Precast EA 17 $350.00 $5,950.00 Monuments and Benches
61. Chain Link Gate EA 2 $2,500.00 $5,000.00
#27..
- 2317 -
Rebid Virginia Corridor Phase 7
Item # Item Description Units Quantity Unit Price Extension
62. Split Rail Fence LF 930 $230.00 $213,900.00
63. Split Rail Fence (Modified) LF 550 $270.00 $148,500.00
64. Post and Cable Fence LF 1,275 $60.00 $76,500.00
65. Wood Fence LF 75 $70.00 $5,250.00
66. Wood Headerboard LF 6,135 $6.00 $36,810.00
67. Bench EA 6 $6,500.00 $39,000.00
68. Drinking Fountain EA 1 $15,000.00 $15,000.00
69. Domestic Water Piping LS 1 $20,000.00 $20,000.00
70. Sanitary Sewer LS 1 $10,000.00 $10,000.00
71. Landscape Soil Preparation SF 12,000 $0.60 $7,200.00
72. Import Topsoil CY 1,327 $90.00 $119,430.00
73. Irrigation LS 1 $200,000.00 $200,000.00
74. Trees, 15-Gallon EA 267 $300.00 $80,100.00
75. Shrubs and Groundcovers, 1-Gallon EA 704 $25.00 $17,600.00
76. Non-Irrigated Hydroseed SF 129,855 $0.25 $32,463.75
77. Jute Netting SF 4,350 $1.50 $6,525.00
78. Bark Mulch SF 15,000 $1.00 $15,000.00
79. Concrete Shoulder at Bridge SF 1,410 $30.00 $42,300.00
80. Landscape Maintenance (Monthly) EA 4 $6,000.00 $24,000.00
81. Site Electrical LS 1 $1,055,400.00 $1,055,400.00
Total: $9,010,148.40
#27..
- 2318 -
-1- City of Modesto
Virgina Corridor Phase 7 Rebid
CONSTRUCTION MANAGEMENT AND INSPECTIONS SERVICES AGREEMENT FOR VIRGINIA CORRIDOR PHASE 7 REBID
THIS AGREEMENT, made and entered into in the City of Modesto, State of California, this ____ day of __________, 2025, (“Effective Date”) by and between the CITY OF MODESTO, a municipal corporation of the State of California, hereinafter referred to as "CITY", and TRC ENGINEERS, INC., a California corporation, hereinafter referred to as "CONSULTANT".
This Agreement is made with regard to the following recitals:
A. The CITY has determined that Construction Management and Inspections Services should be performed for the VIRGINIA CORRIDOR PHASE 7 REBID project.
B. CONSULTANT represents that it is qualified, willing and able to provide the services to prepare said document(s).
NOW, THEREFORE, in consideration of this agreement, and the mutual promises, covenants, and stipulations hereinafter contained, the parties agree as follows:
1. SCOPE OF SERVICES.
CONSULTANT shall undertake and complete the preparation of the scope of work as set forth and described in the documents attached hereto and referred to as Exhibit "A" or "project". The CONSULTANT shall perform the services as described in Exhibit "A" in a manner compatible with the standards of its profession, and shall produce a fully complete project that is acceptable to CITY.
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2. TERM OF AGREEMENT.
This Agreement is effective as of the date first written above and will continue in effect until CITY’s acceptance of and payment for all services authorized by CITY and performed by CONSULTANT, unless terminated earlier in accordance with the provisions of the termination clause in this Agreement.
CONSULTANT shall undertake and complete the preparation of the scope of work as set forth and described in the documents commonly referred to as “project” attached hereto as Exhibit "A" and made a part hereof. CITY hereby gives CONSULTANT notice to proceed with the preparation of the project in the manner described in Exhibit "A", as of the Effective Date of this agreement. CONSULTANT shall diligently proceed with the preparation of the project and agrees to complete said preparation within the time period set forth in Exhibit "A".
3. COMPENSATION.
CONSULTANT agrees to accept a sum not to exceed SEVEN
HUNDRED NINTY-EIGHT THOUSAND TWO HUNDRED SIXTY AND 76/100 DOLLARS ($798,260.76) (maximum compensation) as full remuneration for performing all services and furnishing all staffing and materials for CITY in accordance with Exhibit "A" attached hereto and for performance by CONSULTANT of all of its duties and obligations under this Agreement, except that additional services may be compensated as described below.
The Compensation shall be paid pursuant in the manner and at the times set forth below:
CITY shall pay CONSULTANT on a time and materials basis for CONSULTANT’s actual costs for all work called for in Exhibit “A” to this Agreement. All #27..
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work to be performed under this Agreement shall be billed at the hourly rates set forth in Exhibit “B” attached hereto, CONSULTANT shall submit monthly invoices to City which include detailed tasks, hours worked, and billable rates for all work completed, and detailed receipts for any out-of-pocket costs paid by CONSULTANT in connection with work performed on this project.
Additional services may be authorized by the City Manager in an amount up to, but not to exceed 10% of the agreed maximum compensation, or SEVENTY-NINE THOUSAND EIGHT HUNDRED TWENTY-SIX AND 08/100 DOLLARS ($79,826.08). In the event that additional services are deemed necessary, the CONSULTANT shall provide a written request to the City Manager indicating the reason for additional work, scope and cost of such work. The City Manager shall provide a written response to the request, either approving or denying the additional expenditure. If additional services are requested and approved, they will be billed at the hourly rates set forth in Exhibit “B” and may not exceed the amount requested and approved in writing by the City Manager. In that event, the new total compensation shall not exceed EIGHT HUNDRED SEVENTY-EIGHT THOUSAND EIGHTY-SIX AND 84/100 DOLLARS ($878,086.84). If additional services in excess of this amount are deemed necessary by City Staff, an amendment to this Agreement will be required and must be approved by the City Council prior to commencing the work, as provided in Paragraph 9 of this agreement.
4. OBLIGATIONS OF CONSULTANT.
Throughout the term of this Agreement, CONSULTANT shall possess, or secure all licenses, permits, qualifications and approvals legally required to conduct business.
CONSULTANT represents that it has all of the necessary professional capabilities and experience, as well as all tools, instrumentalities, facilities and other resources necessary to #27..
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provide the CITY with the services contemplated by this Agreement. CONSULTANT further represents that it will follow the current, generally accepted and professional practices to make findings, render opinions, prepare factual presentations, and provide professional advice and recommendations regarding this project.
5. PERFORMANCE BY KEY EMPLOYEE.
CONSULTANT has represented to CITY that BEN OREJEL,
RESIDENT ENGINEER, will be the person primarily responsible for the performance of the services referred to in this Agreement. CITY has entered into this Agreement in reliance on that representation by CONSULTANT. CONSULTANT therefore agrees FIFTY percent (50%) or more of the time to be devoted to the project that is the subject of this Agreement will be that of the above-named person.
6. OWNERSHIP OF DOCUMENTS/TITLE TO DATA.
Ownership of Documents
All reports, drawings, designs, graphics, working papers and other incidental work or materials furnished hereunder shall become and remain the property of the CITY, and may be used by CITY as it may require without any additional cost to CITY.
However, in the event City modifies any materials furnished to City by Consultant, without Contractor’s involvement or consent, then Consultant shall not be responsible for the materials.
No reports shall be used by the CONSULTANT for purposes other than this contract without the express prior written consent of CITY.
Title to Data
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If, as a part of the agreement, CONSULTANT is required to produce data such as, but not limited to, drawings, plans, specifications, calculations, models, flow diagrams, visual aids and other related materials, the originals of all such data generated under this agreement will be delivered to CITY upon the completion or termination of services under the Agreement.
All materials, documents, data or information obtained from the CITY data files or any CITY medium furnished to CONSULTANT in the performance of this Agreement will at all times remain the property of the CITY. Notwithstanding anything to the contrary in this Agreement, data and materials are not intended nor shall they be construed to include Consultant’s pre-existing intellectual property secured, developed, written, or produced by Consultant prior to the execution of this Agreement or developed concurrently with this Agreement but not specifically for this Agreement; Consultant shall retain all right, title and interest in any such pre-existing intellectual property. Such data or information may not be used or copied for direct or indirect use by CONSULTANT after termination of this Agreement without written consent of the CITY.
7. NEWS AND INFORMATION RELEASE.
CONSULTANT agrees that it will not issue any news releases in connection with either the award of this Agreement, or any subsequent amendment of or efforts under this Agreement, without first obtaining review and approval of said news releases from CITY through the City Manager.
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8. CONFLICT OF INTEREST.
CONSULTANT warrants that it presently has no interest and shall not acquire any interest, direct or indirect, which would create a “conflict of interest”, as that term is defined in the Political Reform Act (Gov. Code § 81000 et seq), for the CONSULTANT in the performance of this AGREEMENT. CONSULTANT warrants that, in performance of this AGREEMENT, CONSULTANT shall not employ any person having any such interest.
CONSULTANT understands that, if this AGREEMENT is made in violation of Government Code § 1090 et seq., the entire AGREEMENT is void and CONSULTANT will not be entitled to any compensation for services performed. CONSULTANT agrees to file a Statement of Economic Interests with the City Clerk at the start and end of this AGREEMENT if so, required at the option of CITY.
9. AMENDMENTS.
Both parties to this Agreement understand that it may become desirable or necessary during the execution of this Agreement, for CITY or CONSULTANT to modify the scope of services provided for under this Agreement. Any material extension or change in the scope of work shall be discussed with CITY and the change and cost shall be memorialized in a written amendment to the original contract prior to the performance of the additional work.
Until a change order is so executed, CITY will not be responsible to pay any charges CONSULTANT may incur in performing such additional services, and CONSULTANT shall not be required to perform any such additional services.
10. INDEPENDENT CONTRACTOR.
All acts of CONSULTANT, its agents, officers, and employees and all others acting on behalf of CONSULTANT relating to the performance of this Agreement, shall #27..
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be performed as independent contractors and not as agents, officers, or employees of CITY.
CONSULTANT, by virtue of this Agreement, has no authority to bind or incur any obligation on behalf of City. CONSULTANT has no authority or responsibility to exercise any rights or power vested in the CITY. No agent, officer, or employee of the CITY is to be considered an employee of CONSULTANT. It is understood by both CONSULTANT and CITY that this Agreement shall not under any circumstances be construed or considered to create an employeremployee relationship or a joint venture.
CONSULTANT, its agents, officers and employees are and, at all times during the terms of this Agreement, shall represent and conduct themselves as independent contractors and not as employees of CITY.
CONSULTANT shall determine the method, details and means of performing the work and services to be provided by CONSULTANT under this Agreement.
CONSULTANT shall be responsible to CITY only for the requirements and results specified in this Agreement, and, except as expressly provided in this Agreement, shall not be subjected to CITY's control with respect to the physical action or activities of the CONSULTANT in fulfillment of this Agreement. CONSULTANT has control over the manner and means of performing the services under this Agreement. CONSULTANT is permitted to provide services to others during the same period service is provided to City under this Agreement. If necessary, CONSULTANT has the responsibility for employing other persons or firms to assist CONSULTANT in fulfilling the terms and obligations under this Agreement.
If in the performance of this Agreement any third persons are employed by CONSULTANT, such persons shall be entirely and exclusively under the direction, supervision, and control of Consultant. All terms of employment including hours, wages, working #27..
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conditions, discipline, hiring, and discharging or any other term of employment or requirement of law shall be determined by the CONSULTANT.
It is understood and agreed that as an independent contractor and not an employee of CITY neither the CONSULTANT or CONSULTANT 's assigned personnel shall have any entitlement as a CITY employee, right to act on behalf of the CITY in any capacity whatsoever as an agent, or to bind the CITY to any obligation whatsoever.
It is further understood and agreed that CONSULTANT must issue W-2 forms or other forms as required by law for income and employment tax purposes for all of CONSULTANT's personnel.
As an independent contractor, CONSULTANT hereby indemnifies and holds CITY harmless from any and all claims that may be made against CITY based upon any contention by any third party that an employer-employee relationship exists by reason of this Agreement.
11. ASSIGNMENT.
Neither this Agreement nor any portion thereof shall be subcontracted or assigned without the express prior written consent of the CITY in each and every instance and such approval shall not be unreasonably withheld.
12. PATENT/COPYRIGHT MATERIALS.
Unless otherwise expressly provided in the Agreement, CONSULTANT shall be solely responsible for obtaining the right to use any patented or copyrighted materials in the performance of this Agreement. CONSULTANT shall furnish a warranty of such right to use to CITY at the request of CITY.
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13. NOTICES.
Notice required by this Agreement shall be given in writing and shall be deemed given and effective upon receipt provided that such are delivered in accordance with the provisions of this Section. Notices shall be delivered either by: (a) personal delivery (including delivery by an overnight courier service which obtains confirmation of receipt); or (b) by facsimile, provided that such transmission is followed by delivery by an overnight courier service which obtains confirmation of receipt; or (c) postage prepaid, return receipt requested, certified mail; or (d) by electronic transmission subject to reasonable proof that the notice was both transmitted and received. Each such notice shall be sent to the parties at the address respectively set forth below or to such other address as a party may designate by written notice given in accordance with the provisions of this Section:
FOR CONSULTANT: Name: TRC Engineers, Inc.
Address: 10680 White Rock Road, Suite 100
Rancho Cordova, CA 95670
Attention: Dustin Rath, Vice President, Principal-in-Charge Phone: (916) 826-4429
E-mail: [email protected]
FOR CITY: Name: City of Modesto
Address: P.O. Box 642
Modesto, CA 95353
Attention: Pete Kambel, Senior Civil Engineer
Phone: (209) 577-5444
E-mail: [email protected]
14. INSURANCE REQUIREMENTS.
During the term of this Agreement, CONSULTANT shall maintain in full force and effect at its own cost and expense the insurance coverage as set forth in Exhibit C, attached hereto and incorporated herein, and shall otherwise comply with the other provisions of #27..
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Exhibit C. CONSULTANT is responsible for uploading updated insurance documentation to the City’s “PINS Advantage” program.
15. TERMINATION OF AGREEMENT.
Termination by CITY for Default of CONSULTANT
Should CONSULTANT default in the performance of this Agreement or materially breach any of its provisions, at its option, CITY may terminate this Agreement by giving written notification to CONSULTANT provided that Consultant has not commenced to cure the breach or non-conforming Services within a reasonable amount of time, not to exceed seven (7) business days, of Consultant’s notice of such breach or non-conformance. The termination date shall be the effective date of the notice. For the purposes of this section, material breach of this Agreement shall include, but not be limited to, any of the following:
failure to perform required services or duties, willful destruction of CITY's property by CONSULTANT, dishonesty or theft.
Termination by City for Convenience
TheCITY may also terminate theCONSULTANT 's performance underthe Agreement, eitherin whole orin part, at its own discretion, or when conditions encountered during the Work make it impossible orimpracticable to proceed, or when theCITY is prevented fromproceeding with the Agreement by act of God, by law, or by official action of a public authority, or upon a determination by the CITY that such termination is in the best interest and convenience of the CITY, or whenever the CITY is prohibited from completing the Work for any reason. TheCITY shall provide no lessthan ten (10) calendar days written notice of its intent to terminate the Agreement for convenience, and shall endeavor to provide the CONSULTANT with consultation with the CITY prior to termination.
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Post-Termination Procedure
Upon receipt of a written notice of termination pursuant to either of the foregoing paragraphs, the CONSULTANT shall:
a. Cease its work as directed in the notice of termination as of the termination date and see to it that its employees, subconsultants and agents are notified of such termination and act as specified in the notice of termination;
b. Terminate all orders and Subconsultants except as necessary to complete any portion of the Work that is not terminated; c. If directed in writing by the CITY to do so, assign all right, title and interest in subcontracts and materials in progress to CITY and upon full compensation therefor, in which case the CITY will have the right at its discretion to settle, or pay any or all claims arising out of the termination of such subconsultants, but in no event shall recovery by any CONSULTANT or
subconsultant include lost profits for portions of the Work not completed or undertaken, including materials not delivered; d. Deliver or otherwise make available to the CITY all data, drawings, specifications, reports, estimates,summaries and such other information and material as may have been accumulated by the CONSULTANT in performing the Work whether completed or in process and that Consultant has been fully compensated for; e. Settle outstanding liabilities and claims, subject to the approval of #27..
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CITY;
f. Complete performance of such part of the Work as has not been terminated;
g. Take such other actions as may be necessary, or as may be directed by the CITY for the protection and preservation of the Work and/or property related to the Work;
h. If CITY so requests, and at CITY's cost, CONSULTANT shall provide sufficient oral or written status reports to make CITY reasonably aware of the status of CONSULTANT 's work on the project.
i. The CONSULTANT understands and agrees that CITY may, in CITY's sole discretion, refuse to pay CONSULTANT for that portion of CONSULTANT's services which were performed by CONSULTANT on the project prior to the termination date and which remain unacceptable and/or not useful to CITY as of the termination date.
CITY will pay CONSULTANT an amount based on the percentage of satisfactory work completed in accordance with the notice of termination. The final payment to the CONSULTANT after termination for convenience shall be limited to amounts due and owing under the Agreement at time of termination, including the following:
a. The cost of settling and paying valid claims arising out of the termination of the Work such as subconsultant agreements or contracts for materials;
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b. The Agreement price allocable to the portion of the Work properly performed or goods supplied to the work site by the CONSULTANT as of the date of termination, as determined in accordance with the notice of termination, reduced by any sums previously paid to the CONSULTANT.
Authorization to Terminate Agreement
Termination of the Agreement may be invoked by the City Manager, or his/her designee, subject to the right of the CONSULTANT to appeal the City Manager, or his/her designee’s, decision to the City Council. The CONSULTANT shall appeal by notifying the City Clerk in writing within ten (10) calendar days of receipt of written notification from City of termination of the Agreement. In the event that termination of this Agreement is upheld by the City Council, any cessation of payment of delay claims, extended claims, Eichleay claims, or any other claims for delay shall be retroactive to the date of termination selected by the City Manager, or his/her designee.
16. CERTIFIED PAYROLL REQUIREMENT.
If CONSULTANT is performing “public works” as defined in Labor Code section 1720(a), CONSULTANT shall pay all workers, and shall ensure its subcontractors pay all of their workers, engaged in performing the services described in Exhibit “A” not less than the general prevailing rate of per diem wages for work of a similar character in the locality in which the services described in Exhibit “A” are to be performed, and not less than the general prevailing rate of per diem wages for holiday and overtime work as provided in the California Labor Code. In accordance with California Labor Code Section 1773.2, the City has obtained the general prevailing wages in the locality in which the services described in Exhibit A are to be #27..
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performed for each craft or type of work needed to be as published by the State of California Department of Industrial Relations, Division of Labor Statistics and Research, a copy of which is on file in the CITY’s Purchasing Department and shall be made available on request.
CONSULTANT must comply with all applicable laws and regulations that apply to wages earned in performance of the services described in Exhibit “A”, including those set forth in Labor Code section 1770 et. seq.
17. INDEMNITY.
If CONSULTANT is Design Professional performing design professional services, as defined in California Civil Code section2782.8, CONSULTANT agrees to indemnify, defend, and hold harmless the CITY, its officers, officials, agents and employees, from and against any and all claims, demands, costs, or liability that arise out of, or pertain to, or relate to the negligence, recklessness, or willful misconduct of CONSULTANT and its employees, officials, officers, agents or agents in the performance of services under this Agreement, but this indemnity does not apply to liability for damages arising from the gross negligence, or willful misconduct of the CITY. The CITY agrees that in no event shall the cost to defend charged to the CONSULTANT exceed that CONSULTANT’s proportionate percentage of fault. However, notwithstanding the previous sentence, in the event one or more defendants is unable to pay its share of defense costs due to bankruptcy or dissolution of the business, the CONSULTANT shall meet and confer with other parties regarding unpaid defense costs. This duty to indemnify shall not be waived or modified by contractual Agreement or acts of the parties.
If CONSULTANT is not a Design Professional performing Design Professional Services, the CONSULTANT shall hold the CITY, its officers, officials, agents and #27..
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employees harmless from and save, defend and indemnify them against any and all claims, losses, liabilities, judgments or damages from every cause, including but not limited to injury to person or property or wrongful death, including reasonable costs and expenses of defense of any judicial or administrative action, to the extent caused arising out of, or pertaining to, or relating to any negligent or intentional act or omission of CONSULTANT, or its agents, officers, officials, employees, or volunteers relating to or during the performance of its obligations under this Agreement, except for claims arising from the gross negligence of the CITY. To the fullest extent permitted under applicable law, Neither Party shall be liable to the Other Party for special, indirect, consequential, punitive, or exemplary damages.
CONSULTANT's obligation to defend, indemnify, and hold the CITY, its agents, officers, and employees harmless under the provisions of this paragraph is not limited to or restricted by any requirement in this Agreement for CONSULTANT to procure and maintain a policy of insurance.
In the event that CONSULTANT or any employee, agent, or subcontractor of CONSULTANT providing services under this Agreement is determined by a court of competent jurisdiction or the California Public Employees Retirement System (PERS) to be eligible for enrollment in PERS as an employee of CITY, CONSULTANT shall indemnify, defend, and hold harmless CITY for the payment of any employee and/or employer contributions for PERS benefits on behalf of CONSULTANT or its employees, agents, or subcontractors, as well as for the payment of any penalties and interest on such contributions, which would otherwise be the responsibility of CITY.
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18. DISPUTE RESOLUTION.
Venue for all claims, controversies, or disputes arising out of, or relating to the formation of this Agreement, or the breach, termination execution, enforcement, interpretation, or validity of this Agreement, including the determination of the scope or applicability of this contract provision shall be in the Superior Court of Stanislaus County or the United States District Court for the Eastern District of California.
19. ATTORNEY’S 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. ENTIRE AGREEMENT.
This Agreement and its exhibits contain the entire understanding between CONSULTANT and CITY. Additional or new terms contained in this Agreement which vary from CONSULTANT's proposal are controlling and are deemed accepted by CONSULTANT by shipment of any article or other commencement of performance hereunder. All previous proposals, offers and communications relative to this Agreement, whether oral or written, are hereby superseded except to the extent that they have been incorporated into this Agreement. No future waiver of or exception to any of the terms, conditions, and provisions of this Agreement shall be considered valid unless specifically agreed to in writing by all the parties. #27..
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20. PARTIAL INVALIDITY.
If any provision in this Agreement is held by a court of competent jurisdiction to be invalid, void, or unenforceable, the remaining provisions shall nevertheless continue in full force without being impaired or invalidated in any way.
21. WAIVER.
The waiver by any party to this Agreement of a breach of any provision hereof shall be in writing and shall not operate or be construed as a waiver of any other or subsequent breach hereof unless specifically stated in writing.
22. AUDIT.
The CITY's duly authorized representative shall have access at all reasonable times to all reports, contract records, contract documents, contract files, and personnel necessary to audit and verify CONSULTANT's charges to City under this Agreement.
Notwithstanding the foregoing, City’s right to audit shall not extend to Consultant’s overhead, markups, profit/loss information, fixed rates, unit prices, prices expressed as percentages or any trade secrets.
CONSULTANT agrees to retain reports, records, documents, and files related to charges under this Agreement for a period of four (4) years following the date of final payment for CONSULTANT services. CITY's representative shall have the right to reproduce any of the aforesaid documents.
23. GOVERNING LAW.
This Agreement shall be governed according to the laws of the State of California.
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24. HEADINGS NOT CONTROLLING.
Headings used in the Agreement are for reference purposes only and shall not be considered in construing this Agreement.
25. COMPLIANCE WITH LAWS.
CONSULTANT shall insure compliance with all safety and hourly requirements for employees, in accordance with federal, state, and county safety and health regulations and laws. CONSULTANT shall fully comply with all applicable federal, state, and local laws, ordinances, regulations and permits.
26. CITY BUSINESS LICENSE.
Consultant will have a City of Modesto business license.
IN WITNESS WHEREOF, the City of Modesto, a municipal corporation, has authorized the execution of this Agreement in duplicate by its City Manager and attestation by its City Clerk under authority of Resolution No. 2025- , adopted by the Council of the City of Modesto on the___ day of ______, 2025, and TRC ENGINEERS, INC. has caused this agreement to be duly executed in duplicate as of the Effective Date. (Signatures on next page)
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City of Modesto| Virginia Corridor Phase 7 Project RFQ 2024-07 10680 White Rock Road T 916.826.4429
Suite 100 TRCcompanies.com
Rancho Cordova, CA 95670
EXHIBIT "A"
July 2, 2025
Peter Kambel, Senior Civil Engineer
City of Modesto
1010 Tenth Street, Suite 4600
Modesto, CA 95353
Subject: Scope of Services | Virginia Corridor Phase 7 Rebid RFQ 2024-07 Dear Mr. Kambel,
Thank you for the opportunity to submit our proposal to provide construction management and Inspection services for the Virgina Corridor Phase 7 Rebid. TRC is excited to continue our ongoing relationship with the City of Modesto and continuing to deliver high-quality projects. Our proposal is based on our review of project plans and special provisions, as well as our experience in delivering similar projects for the City.
Project Understanding
Based on our review of the project documents, we understand that this project will include but not limited to the following:
• Pedestrian bridge crossing over Standford Avenue
• The project will involve a 10’ wide bicycle/pedestrian pathway bordered by landscaping • Trail lighting
• MSE retaining wall
We understand that the successful completion of this project will require experienced inspection and project management staff knowledgeable about this type of work and that is what TRC provides. In addition to providing expert staff, through our value-added approach to our work, we will identify any opportunities to expedite project delivery and reduce the overall cost of the project.
Scope of Services
We acknowledge the Scope of Services provided as part of this RFP and commit to deliver those services as defined and as further described below.
Task 1 Project Oversight
Task 2 Documentation and Document Control
Task 3 Quality Control, Inspection and Testing
Task 4 Materials testing
Task 5 Contract Administration
Task 6 Construction Management/Coordination
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City of Modesto | Virginia Corridor Phase 7 Project RFQ 2024-07 Task 7 Schedule and conduct construction, frequency to be determined, weekly or monthly meetings • Pre-Construction Meeting Agenda, Run meeting
• Pre-Construction Jobsite Documentation and Project Setup • Daily Field Inspection and documentation of work completed, issues identification and resolution • RFI/ PCO Review and recommendation
• WSWD
• Perform EEO Reviews for Labor compliance if required
• Review Contractors progress payment, compile, and present monthly pay estimates with City Pay sheets, updated Qty/budget tracking spreadsheet to City staff for final review and payment.
Task 8 Start-up, Closeout and Acceptance
From our recent experience with the City of Modesto, we understand the value of coordinating with the design team. While all the elements of this project are important,understanding that this is an interactive and iterative process that involves strong technical skills, a clear understanding of the City’s expectations, and the ability to implement those expectations during the construction phase. We will continue to bring that level of service by delivering a completed project to the city that accomplishes their goals.
Sr Project Manager/Supervising Construction Inspector, Justin Wehling, will lead our team. Justin has extensive experience managing high-profile projects in the city right-of-way. Justin will provide oversight of the project to ensure focus is on the most important technical and political elements of the project.
Resident engineer, Ben Orejel, will provide Project support with his extensive knowledge providing both inspection and OE work for many structure projects in the past. Ben will be responsible for review of DIR, Tracking of project Qty's and Monthly pay estimates.
Inspector Clint Pittman will provide daily field inspection for this project that includes the Construction of bridge abutments, convert approximately 0.75 miles of the old UPRR Corridor into a Class 1 bicycle path. 10’ wide bicycle/ pedestrian pathway bordered by landscaping with benches, lighting, and a pedestrian bridge crossing over Standford Avenue. Clint will also coordinate with our proposed sub consultant partner, Terracon Consultants, Inc. who will provide materials testing support.
Knowing our past success working within the city of Modesto, TRC believes our team will be a seamless addition to the City's existing resources. We will assist in taking your project from design to completion concentrating on the following efforts to minimize cost and schedule impacts
Should you have any questions regarding our proposal, please feel free to contact Justin Wehling directly at (916) 826-4429, or by email at [email protected].
Respectfully submitted,
TRC Engineers, Inc.
Justin Wehling,
Sr Project Manager
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Revised 6/20/25
Cost of Services Worksheet June 20, 2025
Project Schedule
Sep Oct Nov Dec Jan Feb Mar Apr May Jun Jul Aug Sep
Calendar days 30 31 30 31 31 28 31 30 31 30 31 31 30 Estimated Prof. Svcs NTP: September 1, 2025 Work days 220 21 23 17 17 22 19 22 21 22 21 21 23 19 Estimated Substantial PHASE 1: PRE-CONSTRUCTION 114 Completion (Construction): September 30, 2026 PHASE 2: CONSTRUCTION 214 242 242 312 270 312 298 312 298 298 326 PHASE 3: POST CONSTRUCTION 110 Estimated Manhours: 3,348 15 Position Name Rate Sep Oct Nov Dec Jan Feb Mar Apr May Jun Jul Aug Sep Hours Project Manager Justin Wehling $ 220.03 10 10 $ 2,200.30 Project Engineer/ OE Ben Orejel $ 220.73 80 80 $ 17,658.40 Inspector Clint Pitman $ 186.81 24 24 $ 4,483.44
$ 24,342.14
$ 24,342.14
Project Manager Justin Wehling $220.03 4 4 4 4 4 4 4 4 4 4 4 44 $ 9,681.32 Project Engineer/ OE Ben Orejel $220.73 60 68 68 88 76 88 84 88 84 84 92 880 $ 194,242.40 Inspector ST Clint Pitman $186.81 120 136 136 176 152 176 168 176 168 168 184 1,760 $ 328,785.60 Inspector OT Clint Pitman $263.86 30 34 34 44 38 44 42 44 42 42 46 440 $ 116,098.40 $ 648,807.72
Subconsultant: Materials Testing Terracon $75,048.00 NTE $ 75,048.00 Subconsultant Markup 5% $ 3,752.40
$ 78,800.40
$ 727,608.12
Project Manager Justin Wehling $220.03 10 10 $ 2,200.30 Project Engineer/ OE Ben Orejel $220.03 60 60 $ 13,201.80 Inspector Clint Pitman $186.81 40 40 $ 7,472.40
$ 22,874.50
$ 22,874.50
Vehicles (Hourly) Allowance $7.00 114 214 242 242 312 270 312 298 312 298 298 326 110 3,348 $ 23,436.00 $ 23,436.00
$ 23,436.00
$ 798,260.76
Notes and Assumptions:
* Denotes employees/classifications that are subject to prevailing wage.
Full set of Inspector Bill Rates: Name ST
Construction Manager (Group 2) Day
Ben Orejel Day
Day
Night *Clint Pitman
Justin Wehling
• Fees are based on 220 day construction duration with professional services NTP anticipated in 8/ 2025. • Should the actual schedule require more or less professional services than proposed adjustments to this estimate may be required. • Client will be billed only for hours worked. Night work and Overtime will be billed at a pro-rata adjusted rate. 3% annual escalation effective every July 1st. • Unless otherwise noted, above rates are straight-time rates. Overtime, rain, holidays and potential time extensions or delays may result in additional professional services. • Wages for inspection subject to Calif. Labor Code Section 1772. Rates are based on DIR Prevailing Wage Determination NC-63-3-9-2024-1 TRC will pay and bill accordingly. $ 220.03
$ 220.73
2025 2026
TOTAL OF CONTRACT
SUBTOTAL: SUBCONSULTANTS
SUBTOTAL PHASE 2: CONSTRUCTION:
PHASE 3: POST CONSTRUCTION
SUBTOTAL: LABOR
Modesto | Construction Management and
Inspection Services for RFP 2024-07 Virginia Corridor Phase 7 SUBTOTAL PHASE 3: POST CONSTRUCTION:
ODC's
SUBTOTAL ODC's:
SUBTOTAL: LABOR
SUBTOTAL PHASE 1: PRE-CONSTRUCTION:
Totals
PHASE 1: PRE-CONSTRUCTION
PHASE 2: CONSTRUCTION
SUBTOTAL: LABOR
OT DT NPW
331.1 441.47 $ 220.73
251.67 328.7 $ 220.03
$ 186.81
$ 206.08 292.76 379.44 N/A
263.86 342.31 $ 171.16
TRC Engineers, Inc.
Exhibit B #27..
2339
Exhibit C - 1 City of Modesto
Virginia Corridor Phase 7 Rebid
EXHIBIT C – Insurance Requirements for Professional Services Consultant shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder and the results of that work by the Consultant his agents, representatives, employees or subconsultants.
MINIMUM SCOPE AND LIMIT OF INSURANCE
Coverage shall be at least as broad as:
1. Commercial General Liability (CGL): Insurance Services Office Form CG 00 01 covering CGL on an “occurrence” basis, including products and completed operations, property damage, bodily injury and personal & advertising injury with limits no less than $1,000,000 per occurrence. If a general aggregate limit applies, either the general aggregate limit shall apply separately to this project/location (ISO CG 25 03 or 25 04) or the general aggregate limit shall be twice the required occurrence limit.
2. Automobile Liability: ISO Form Number CA 00 01 covering any auto (Code 1), or if Contractor has no owned autos, hired, (Code 8) and non-owned autos (Code 9), with limit no less than $1,000,000 per accident for bodily injury and property damage.
3. Workers’ Compensation: as required by the State of California, with Statutory Limits, and Employer’s Liability Insurance with limit of no less than $1,000,000 per accident for bodily injury or disease.
(Not required if consultant provides written verification, it has no employees)
4. Professional Liability (Errors and Omissions) Insurance appropriates to the Consultant’s profession, with limit no less than $2,000,000 per occurrence or claim, $2,000,000 aggregate.
If the consultant maintains broader coverage and/or higher limits than the minimums shown above, the City of Modesto requires and shall be entitled to the broader coverage and/or the higher limits maintained by the consultant. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the City of Modesto.
Umbrella or Excess Coverage
The Consultant may use Umbrella or Excess Policies to provide the liability limits as required in this agreement. This form of insurance will be acceptable provided that all of the Primary and Umbrella or Excess Policies shall provide all of the insurance coverages herein required, including, but not limited to, primary and non-contributory, additional insured, Self-Insured Retentions (SIRs), indemnity, and defense requirements. The Umbrella or Excess policies shall be provided on a true “following form” or broader coverage basis, with coverage at least as broad as provided on the underlying Commercial General Liability insurance. No insurance policies maintained by the Additional Insureds, whether primary or excess, and which also apply to a loss covered hereunder, shall be called upon to contribute to a loss until the Consultant’s primary and excess liability policies are exhausted.
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- 2340 -
Exhibit C - 2 City of Modesto
Virginia Corridor Phase 7 Rebid
The insurance policies are to contain, or be endorsed to contain, the following provisions:
Additional Insured Status
The City of Modesto, its officers, officials, employees, are to be covered as additional insureds on the CGL policy with respect to liability arising out of work or operations performed by or on behalf of the Consultant including materials, parts, or equipment furnished in connection with such work or operations. General liability coverage can be provided in the form of an endorsement to the Consultant’s insurance with coverage equal to ISO form CG 2010. If Completed Operations endorsement is required, a separate endorsement equal to ISO form CG 2037 is required.
Primary Coverage
The Additional Insured coverage under the Consultant’s policy shall be “primary and noncontributory” and will not seek contribution from the City’s insurance or self-insurance and shall be at least as broad as CG 20 01 04 13. The City of Modesto does not accept endorsements limiting the Consultant’s insurance coverage to the sole negligence of the Named Insured.
Notice of Cancellation
Each insurance policy required above shall provide that coverage shall not be canceled, except with notice to the City of Modesto.
Waiver of Subrogation
Except for Professional Liability Insurance Consultant hereby grants to City of Modesto a waiver of any right to subrogation which any insurer of said Consultant may acquire against the City of Modesto by virtue of the payment of any loss under such insurance. Consultant agrees to obtain any endorsement that may be necessary to affect this waiver of subrogation, but this provision applies regardless of whether or not the City of Modesto has received a waiver of subrogation endorsement from the insurer.
Self-Insured Retentions
All Self-insured retentions must be disclosed to Risk Management for approval and shall not reduce the limits of liability. The City of Modesto may require the Consultant to purchase coverage with a lower retention or provide proof of the ability to pay losses and related investigations, claim administration, and defense expenses within the retention. Any and all deductibles and SIRs shall be the sole responsibility of consultant or subconsultant who procured such insurance and shall not apply to the Indemnified Additional Insured Parties.
Acceptability of Insurers
Insurance is to be placed with insurers with a current A.M. Best’s rating of no less than A:VII, unless otherwise acceptable to the City of Modesto.
Claims Made Policies (applicable to Professional Liability only) If any of the required policies provide claims-made coverage:
#27..
- 2341 -
Exhibit C - 3 City of Modesto
Virginia Corridor Phase 7 Rebid
1. The Retroactive Date must be shown and must be before the date of the contract or the beginning of contract work.
2. Insurance must be maintained, and evidence of insurance must be provided for at least five (5) years after completion of the contract of work.
If coverage is canceled or non-renewed and not replaced with another claims-made policy form with a Retroactive Date prior to the contract effective date, the Consultant must purchase “extended reporting” coverage for a minimum of five (5) years after completion of work.
Verification of Coverage
Consultant shall furnish the City of Modesto with original certificates and amendatory endorsements or copies of the applicable policy language affecting coverage required by this clause and a copy of the Declarations and Endorsements Pages of the CGL and any Excess policies listing all policy endorsements. All certificates and endorsements are to be received and approved by the City of Modesto Risk Services before work commences. However, failure to obtain the required documents prior to the work beginning shall not waive the Consultant’s obligation to provide them. The City of Modesto reserves the right to require redacted copies of Declaration Pages of all required insurance policies, including endorsements required by these specifications, at any time.. Failure to exercise this right shall not constitute a waiver of right to exercise later.
Subconsultants
Consultants shall require and verify that all subconsultants, or other parties hired for this work, purchase and maintain coverage for indemnity and insurance requirements as least as broad as specified in this agreement to the extent they apply to the scope of the subconsultant’s work with the same certificate of insurance requirements and naming as additional insureds all parties to this contract.
Special Risks or Circumstances
City of Modesto reserves the right to modify these requirements, including limits, based on the nature of the risk, prior experience, insurer, coverage, or other special circumstances and Consultants shall be reimbursed for any increased premiums for such added coverage.
Certificate Holder Address
Proper address for mailing certificates, endorsements and notices shall be:
City of Modesto
Attn: Risk Management
1010 10th Street
Modesto, CA 95354
#27..
- 2342 -
FINANCIAL INTEREST DISCLOSURE FORM
Any contract award to result from this RFP process and Proposer’s submission of a Proposal therewith will require approval by a majority vote of the City of Modesto’s City Council. In order to have full transparency in any City of Modesto commercial actions, the City Council may not approve an agreement between the City and the Proposer until all persons with a direct or indirect financial interest of greater than $2,000 in the Proposer are identified by name.
Proposer must therefore complete this Financial Interest Disclosure Form, listing by name all parties that have a material financial interest in the agreement, contract or development right.
PLEASE NOTE, any Council action that requires a Financial Interest Disclosure cannot be considered by the City Council until the required reporting is made. That means that City Council agenda items without the disclosure will be removed from the Council agenda.
Financial Interest Disclosure to City of Modesto
Proposer shall identify any person with a financial interest in the Proposer by name, below.
For the purposes of this disclosure, a “Financial Interest” shall have the meaning contained in Modesto Municipal Code section 2-10.02.
Persons having an aggregate economic interest in the Proposer less than two thousand dollars ($2,000.00) at all times prior to final Council action of the proposed contract are not required to be listed on the Financial Interest Disclosure.
Notwithstanding the foregoing, a Financial Interest Disclosure is not required for a Proposer meeting the financial criteria for listing on the New York or the Pacific Stock exchanges unless it is reasonably foreseeable that a City Council decision will increase or decrease that entity's gross revenues or expenses by one million dollars ($1,000,000) or more and the requirements of Modesto Municipal Code Section 2-
10.03(h) are satisfied.
It is the legal obligation of all applicants for approval of an agreement or of an application for development rights to verify in writing, under penalty of perjury, that the identity of each person having a material financial interest in the Proposer is true, correct and complete. By signing below, the applicant understands that this information is provided under penalty of perjury, and that intentionally supplying misinformation or deception may result in either invalidation of the agreement or application, or criminal prosecution for misdemeanor violation of the Modesto Municipal Code, or both. Negligent provision of misinformation shall be grounds for invalidation. In accordance with the Modesto Municipal Code, each applicant has a continuing obligation to maintain the truth, accuracy and completeness of the financial interest disclosure information provided below until after final consideration by the City Council of any matter arising out of or relating to the agreement or application.
#27..
- 2343 -
Print Names of Persons Having a Financial Interest in Proposer Receiving this Agreement:
First Name, Last Name
First Name, Last Name
First Name, Last Name
First Name, Last Name
First Name, Last Name
First Name, Last Name
First Name, Last Name
First Name, Last Name
First Name, Last Name
First Name, Last Name
First Name, Last Name
First Name, Last Name
First Name, Last Name
First Name, Last Name
First Name, Last Name
By signing this document, I agree to the information contained within.
Proposer Company Name:
Name of Proposer Signatory:
Signature of Proposer Representative:
N/A
TRC Engineers, Inc.
Lincoln Leaman, PE
#27..
- 2344 -
California Levine Act Disclosure
California City
if
and for . .
-
ity
1. ity
contract?
___ YES ___ 2.
ity
___ YES ___
#27..
- 2345 -
may
ity _________________ _____________________________ Date _____________________________ TRC Engineers, Inc.
April 15, 2025
#27..
- 2346 -
CITY OF MODESTO
COUNCIL AGENDA REPORT
DATE OF MEETING:
July 22, 2025
Date: May 5, 2025
TO: Mayor and City Council
THROUGH: Joseph P. Lopez, City Manager
FROM: Jessica Hill, Director of Community and Economic Development Toby Wells, Director of Engineering/City Engineer
SUBJECT: Formation of City of Modesto Community Facilities District No. 2025-2 (Village One Triangle) and Final Map and Subdivision Improvement Agreement of The Crossings Phase I Subdivision
CONTACT: Edgar Garcia, Community Development Manager
[email protected], 209-577-5211
DESCRIPTION:
Hearing to consider establishing City of Modesto Community Facilities District (CFD) No. 2025-2 (Village One Triangle), authorizing the levy of special taxes therein, calling a special election; declaring the results of the July 22, 2025, special election, and approving the Subdivision Improvement Agreement (SIA) and Final Map of The Crossings Phase I Subdivision of roughly
29.94 acres consisting of 164 residential lots, two (2) landscape lots, and one (1) park lot located east of Claus Road and north of East Briggsmore Avenue APN # 014-026-017. (Funding: Developer Fees)
STRATEGIC PLAN ELEMENT:
The recommended action supports the City Council’s 2025-2026 Strategic Plan, Goal D:
Provide Safe, Efficient, and Reliable Infrastructure through proactive community investment, maintenance and sustainability efforts.
BACKGROUND:
In 1982, the Mello-Roos Community Facilities Act of 19821 (Act) was adopted by the State of California as a method for financing infrastructure improvements and services associated with new developments. The Act allows infrastructure improvements and services to be funded through a special tax paid by property owners.
The Village One Specific Plan Area adopted on October 16, 1990, and approved by Resolution No. 90-828A, encompasses approximately 1,784 net acres and is bounded by Oakdale Road, 1 Mello Roos Act of 1982 5533-55368
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- 2347 -
City Council, July 22, 2025
Formation of City of Modesto Community Facilities District No. 2025-2 (Village One Triangle) and Final Map and Subdivision Improvement Agreement of The Crossings Phase I Subdivision
Sylvan Ave, Floyd Avenue, Roselle Avenue, East Briggsmore Avenue, Claus Road, and the railroad crossing along North Santa Fe Avenue. The Village One Specific Plan includes two additional Community Facilities Districts: Village One CFD No. 1996-1 and Village One #2 CFD No. 2004-1, with the proposed Village One Triangle CFD No. 2025-2 completing the development within the Village One Specific Plan area.
On July 14, 2022, D.R. Horton Bay, Inc. submitted an application for Vesting Tentative Subdivision Map of the southerly 257-acre portion of Village One Precise Plan Area No. 35 located east of Claus Road and north of East Briggsmore Avenue. The applicant proposed 527 residential lots and five (5) landscape lots and one (1) park lot. The application included an amendment to the Land Use Element of the General Plan from Business CommercialResidential (BCR) to Residential (R) and the Land Use Diagram of the Village One Specific Plan from Business Park (BP) to Village Residential (VR). The application included a Final Development Plan and Vesting Tentative Subdivision Map (“VTSM”) of the southerly 257-acre portion of Village One Precise Plan Area No. 35 located east of Claus Road and north of East Briggsmore Avenue to divide the area into single-family residential lots of 3,400 square feet to 7,000 square feet, resulting in an overall project density of 6.2 dwelling units per acre. On March 7, 2024, City Ordinance No. 3777-C.S. was made effective by City Council to adopt Precise Plan No. 35 within the Village One Specific Plan Area. On September 16, 2024, The City of Modesto Planning Commission approved resolution 2024-13 which approved amendments to the Final Development Plan for “The Crossings”.
On January 23, 2024, the City Council approved the Final Development Plan for The Crossings which consisted of 527 single-family residential lots, five landscaped lots and one park on the property located east of Claus Road and north of Briggsmore Ave. Additional improvements proposed include: installation of two-lane roundabouts at the intersections of Claus Road/Merle Avenue and at the intersection of E. Briggsmore Avenue/Held Drive, two internal roundabouts within the subdivision, new sidewalks, bicycle infrastructure, and a High-Intensity Activated Crosswalk (HAWK) pedestrian crossing signal at the intersection of Claus Road /Merle Avenue.
On April 21, 2025, by Resolution No. 2025-18 the City of Modesto Planning Commission approved an amendment to the Final Development Plan for the Crossings to allow for modifications to the allowed residential architectural styles.
On June 2, 2025, the Planning Commission approved the Final Development Plan for The Crossings Phase II which added 24 additional single-family residential lots to be included in the initial formation. Totaling 551 single-family residential lots for The Crossings Phases I and II.
On August 15 2022, DR Horton Bay Inc submitted an application and formation deposit to form a Community Facilities District (CFD) to fund the neccesary facilities required by the proposed housing subdivision which was entitled through the process mentioned above. D.R. Horton Bay, Inc., has also requested the City Council to approve the Subdivision Improvement Agreement and The Crossings Phase I Final Map (FM2024-00317) of 164 residential lots, two (2) landscape lots, one (1) park lot, public road right-of-way dedications, and public utility and tree planting easements, and is subject to be recorded with Stanislaus County Recorders Office.
DISCUSSION:
On June 10, 2025, by Resolution No. 2025-196, the City Council adopted the Resolution of Intention to Form CFD No. 2025-2 (Village One Triangle). The initial boundaries will consist of #28..
- 2348 -
City Council, July 22, 2025
Formation of City of Modesto Community Facilities District No. 2025-2 (Village One Triangle) and Final Map and Subdivision Improvement Agreement of The Crossings Phase I Subdivision
APN 014-026-034, 014-026- 038 and 014-026-040 (Initial Parcels) totaling approximately 85.76 owned by the applicant. The recorded initial boundary map also identifies the future annexation area that will annex to CFD No. 2025-2 as they are ready to develop. The boundary map was recorded in the Book of Maps of Assessment and Community Facilities Districts in the Office of the County Recorder of Stanislaus County in Book No. 7, at Page 56 as Instrument No. DOC2025-0030383 on June 23, 2025.
The City Council will conduct a public hearing to consider a resolution declaring the formation of CFD No. 2025-2 (Attachment 1), calling a special election (Attachment 2), declaring results of the special election (Attachment 3) and the introduction of an Ordinance authorizing the levy of the special taxes (Attachment 4). The public hearing is a protest hearing wherein any interested person, including taxpayers, property owners, and registered voters residing withing the proposed boundaries may appear and be heard on any matter relating to the establishment of CFD No. 2025-2, the proposed facilities and services, the proposed rate and method of apportionment, and the manner of collection of the special taxes. Such protest may be made orally or in writing. A majority protest exists if 50% or more of the registered voters, or six registered voters, whichever is more, residing within the proposed CFD boundary or the owners of one-half or more of the area of the land in the proposed CFD boundary provides a protest against the formation of the CFD. For future annexations the unanimous written consent of the property owners via a signed Unanimous Consent to Annex, Waiver and Declaration of Landowner will be obtained without the need for a public hearing or election.
The Council will then ask the City Clerk to conduct the election for CFD No. 2025-2. Because all the impacted landowners2 signed a waiver of the election code time requirements, the election can be held on July 22, 2025, and is not required to comply with certain formalities. However, because there are less than twelve (12) registered voters within the Proposed Boundaries, each Landowner will receive one (1) vote for each acre of land, or portion thereof, which Landowner owns withing the Proposed Boundaries. It is anticipated that the City Clerk will certify that at least two-thirds (2/3) of the votes cast at the election were in favor of forming CFD No. 2024-1.
The portion of the forming parcels for CFD 2025-2 is 85.76 acres, and accordingly the property owner will be allotted a total of 86 votes.
The Owner is not seeking bonding authorization for CFD No. 2025-2, just for the authority for the One-Time Facilities Special Tax and an Annual Maintenance Special Tax. Concurrently, with the proceedings to form CFD No. 2025-2, the Owner is pursuing proceedings under the state-wide BOLD Program for the formation of a second community facilities district over the property to finance fees and additional facilities with the levy of an annual facilities special tax which will secure bonded indebtedness. Additionally, the City may enter into an acquisition and shortfall agreement with the developer for infrastructure improvements within CFD No. 2025-2.
This agreement accounts for the Developer completing certain improvements and be reimbursed provided that the improvements are acceptable to the City.
The California Municipal Finance Authority3 (CMFA) is a joint powers agency, of which the City is a member. CFMA administers the BOLD Program4.Under the BOLD Program, bonds are 2 DR Horton Bay Inc. is the sole owner of the forming parcels according to a certification by the Stanislaus County Assessor’s Office dated June 16, 2025.
3 California Municipal Finance Authority
4 CMFA Bold Financing
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- 2349 -
City Council, July 22, 2025
Formation of City of Modesto Community Facilities District No. 2025-2 (Village One Triangle) and Final Map and Subdivision Improvement Agreement of The Crossings Phase I Subdivision
issued by a community facilities district formed by CMFA (BOLD CFD) under the Mello-Roos Act. The City Council previously approved participation in the BOLD program by Resolution No. 2020-223, and this prior action is sufficient to approve participation in the BOLD program in partnership with CMFA. CMFA works in partnership with City staff to ensure the program is meeting the City’s objectives. CMFA and its consultant team will form and approve the BOLD CFD CMFA will issue bonds on behalf of the BOLD CFD and levy and collect the special taxes each year. Using the BOLD Program for bonds alleviates local agency staff time constraints.
The One-Time Facilities Special Tax is imposed and levied prior to issuance of a building permit as determined by the City The annual maintenance special tax is only levied- and collected on the property tax rolls of developed property within the CFD with single family detached property being considered developed following the recordation of a final map. Single family attached and other property types are considered developed after building permit issuance The maximum special tax rates for CFD No. 2025-2 are as follows:
Maximum Special Tax Rates Fiscal Year 2025-26
Special Tax
Category
Maximum One-Time
Facilities Special Tax
Fiscal Year 2025-26
Maximum Annual
Maintenance
Special Tax
Fiscal Year 2025-26
Single Family
Detached per
Residential Unit
$22,495 $1,589
Single Family
Attached per
Residential Unit
$22,495 $1,589
Other Property per
Acre
$145,314 $10,259
The CFD Administrator will allocate the above maximum taxes to successor parcels as provided in the RMA. The City has conditionally established an annual appropriations limit of $12,400,000 for the special tax levy. On July 1, 2026, and on each July thereafter, all figures shown in the table above shall be increased by the annual Escalation Factor. In any Fiscal Year, the annual Escalation Factor will be the greater of either, the percentage increase, in the construction cost index for the San Francisco region for the prior twelve (12) month period as published in the Engineering News Record, or four percent (4.0%).
CFD No. 2025-2 will not include any bonding authority. The Rate and Method of Apportionment (RMA) that identifies the maximum special tax rates for the parcel types within CFD No. 2025-2, as well as a description of how the special taxes are calculated and collected, is described in Attachment 7. Only three parcels are requesting to be part of the initial CFD No. 2025-2 boundaries and only those three parcels will be subject to levy and collection of the special taxes until additional properties annex to CFD No. 2025-2 in the future.
The facilities and services to be funded by the CFD special taxes, include but are not limited to bike trail improvements, Claus Road Improvements, roundabout intersections, canal crossing improvements, and rail crossing improvements. The services will encompass maintenance for #28..
- 2350 -
City Council, July 22, 2025
Formation of City of Modesto Community Facilities District No. 2025-2 (Village One Triangle) and Final Map and Subdivision Improvement Agreement of The Crossings Phase I Subdivision
landscaped lots, tree pruning, masonry wall maintenance, neighborhood park maintenance, storm drain basin maintenance and other services described further in Attachment 6.
The infrastructure improvements for this project have not been completed. As required by Section 66462 of the California Subdivision Map Act5 and Section 4-4.605 of the Modesto Municipal Code6, the owner, D.R. Horton Bay, Inc. will execute a Subdivision Improvement Agreement specifying that all improvements will be completed within 24 months from the date of Final Map recordation. The Subdivision Improvement Agreement requires the owner furnish and supply the City a payment bond and performance bond which provide security for completion of the public improvements.
The Final Map has been checked and certified by the Secretary of the Planning Commission, City Surveyor and the City Engineer and must be approved by Council prior to transmitting the map to the County Recorder. Pursuant to the Subdivision Map Act, Section 66440, the Final Map contains a certificate for execution by the City Clerk certifying that the Council approved the map and accepted, on behalf of the public, any real property offered for dedication for public use and in conformity with the terms of the offer of dedication. When the public improvements required by the Subdivision Improvement Agreement have been completed and approved by staff, a notice of completion and will be presented to Council which accepts the public improvements. As required by the Subdivision Improvement Agreement, the owner will file a warranty bond guaranteeing the work for 1-year after Council accepts the improvements.
FISCAL IMPACT:
The formation of CFD No. 2025-2 is paid through a developer deposit. There is no General Fund impact.
All Map check fees for the map will be collected prior to recordation.
The Faithful Performance and Payment securities as required by the Modesto Municipal Code Section 4-4.605 will be in place with the City Clerk’s Office:
A Faithful Performance security is required to secure faithful performance of the improvements. This security is required in an amount of 100% of the estimated cost of improvements to be performed.
A Payment security is required to ensure the payment of the contractor, his/her subcontractors and to persons renting equipment or furnishing labor or materials to them for said improvements. This security is required in an amount of 50% of the estimated cost of improvements to be performed.
A Warranty security is required to guarantee and warrant subdivision improvements for a period of one (1) year following completion and acceptance thereof against any defective work done, or defective materials furnished. This security is required prior to approval of the improvements in an amount of 10% of the estimated cost of improvements to be performed.
The City Engineer has determined that the required security is sufficient to cover the cost of said improvements, engineering, inspection, fees and incidental expenses. The securities on file 5 California Subdivision Map Act 66462
6 Modesto Municipal Code Section 4-4.605
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- 2351 -
City Council, July 22, 2025
Formation of City of Modesto Community Facilities District No. 2025-2 (Village One Triangle) and Final Map and Subdivision Improvement Agreement of The Crossings Phase I Subdivision
with the City Clerk’s Office are based on the total Engineer’s Estimate of $13,599,984 for the value of all improvements to be constructed for The Crossings Phase I Subdivision.
COMMITTEE RECOMMENDATION:
The intention to form the Community Facilities District No. 2025-2 (Village One Triangle) was presented to the Economic Development Committee on May 5, 2025, and was recommended to forward to the City Council for approval.
The Final Map for The Crossings Phase 1 did not go to Committee, as it is common practice that Final Maps, which are certified by the Secretary of the Planning Commission, do not go before a Council Committee.
CEQA/NEPA REQUIREMENTS:
This action is exempt from CEQA under Section 15268(b)(3), which exempts ministerial actions.
RECOMMENDED COUNCIL ACTION:
Staff Recommendations:
Resolution declaring the formation of the City of Modesto Community Facilities District No. 2025-2 (Village One Triangle), conditionally authorizing the levy of special taxes therein, and conditionally establishing an annual appropriations limit of $12,400,000.
Resolution of the City Council of the City of Modesto, California, acting as the legislative body of the City of Modesto Community Facilities District No. 2025-2 (Village One Triangle), calling for a special election.
Resolution declaring the results of July 22, 2025, special election and approving certain related actions pertaining to City of Modesto Community Facilities District No. 2025-2 (Village One Triangle).
Motion introducing an ordinance authorizing the levy of special taxes within the City of Modesto held within City of Modesto Community Facilities District No. 2025-2 (Village One Triangle).
Resolution approving the Final Map and Subdivision Improvement Agreement for The Crossings Phase I subdivision, and authorizing the City Manager, or designee, to execute the Subdivision Improvement Agreement with the Owner, D.R. Horton Bay Inc., a Delaware Corporation, and authorizing the City Clerk to certify the Final Map and record with the Stanislaus County Recorder’s Office.
Approved by:
Jessica Hill, Director of Community and
Economic Development
Toby Wells, Director of Engineering/
City Engineer
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- 2352 -
City Council, July 22, 2025
Formation of City of Modesto Community Facilities District No. 2025-2 (Village One Triangle) and Final Map and Subdivision Improvement Agreement of The Crossings Phase I Subdivision
Joseph P. Lopez, City Manager
Attachments:
1. Resolution- Formation of CFD 2025-2
2. Resolution- Calling a Special Election
3. Resolution- Declaring Results of a Special Election
4. Ordinance- Authorizing Special Taxes
5. Resolution- Final Map and Subdivision Improvement Agreement approval
6. List of Facilities and Services
7. Rate and Method of Apportionment
8. Proposed Boundary Map for CFD 2025-2 (Village One Triangle)
9. Certificate of City Clerk
10. Concurrence for CFD No. 2025-2
11. Acquisition and Shortfall Agreement
12. Subdivision Improvement Agreement
13. Final Map Draft
14. Engineer’s Estimate
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07/22/2025/CED/EGarcia/Item X1 2025-XX
MODESTO CITY COUNCIL
RESOLUTION NO. 2025- XX
RESOLUTION DECLARING THE FORMATION OF CITY OF MODESTO
COMMUNITY FACILITIES DISTRICT NO. 2025-2 (VILLAGE ONE
TRIANGLE), CONDITIONALLY AUTHORIZING THE LEVY OF SPECIAL
TAXES THEREIN, AND CONDITIONALLY ESTABLISHING AN ANNUAL APPROPRIATIONS LIMIT OF $12,400,000
WHEREAS, on June 10, 2024, pursuant to a petition filed by DR Horton Bay Inc. (the “Petitioner”) this City Council adopted Resolution No. 2025-196 (the “Resolution of Intention”), stating its intention to form City of Modesto Community Facilities District No. 2025-2 (Village One Triangle) (the “Community Facilities District”), and designate certain property within the Fairview Specific Plan as future annexation to the Community Facilities District (the “Future Annexation Area”), all pursuant to the Mello-Roos Community Facilities Act of 1982, as amended (the “Act”); and WHEREAS, a copy of the Resolution of Intention, setting forth (a) the description of the proposed boundaries of the Community Facilities District and the Future Annexation Area for the Community Facilities District, (b) the description of the proposed facilities and services to be financed by the Community Facilities District, (c) the rate and method of apportionment of the annual maintenance special taxes and onetime facilities special tax proposed to be levied within the Community Facilities District, and (d) setting a public hearing to consider this matter, is on file with the City Clerk and is incorporated herein by reference; and
WHEREAS, the City Clerk has confirmed that a notice was published and mailed as required by law relative to the intention of the City to form the Community Facilities District at a public hearing to be held on June 22, 2025; and WHEREAS, there has been filed with the City Clerk a report containing a #28..
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07/22/2025/CED/EGarcia/Item X2 2025-XX
description of the facilities and services necessary to meet the needs of the Community Facilities District and an estimate of the cost of such facilities and services as required by Section 53321.5 of the Government Code (the “Report”); and WHEREAS, the City Council has held a public hearing on this same date as required by law to determine whether it should proceed with the formation of the Community Facilities District, the designation of the Future Annexation Area, and the authorization of the rate and method of apportionment of special taxes to be levied within the Community Facilities District for the purposes described in the aforesaid resolution; and
WHEREAS, at said hearing all persons desiring to be heard on all matters pertaining to the Community Facilities District were heard, and a full and fair hearing was held; and
WHEREAS, at the public hearing evidence was presented to the City Council on the matters before it, and there was not precluded by a majority protest of the type described in Government Code Sections 53324 and 53339.6, and the City Council is sufficiently advised as to all matters relating to the formation of the Community Facilities District, the designation of the Future Annexation Area, and the levy of special taxes; and WHEREAS, there have been fewer than twelve (12) registered voters residing in the proposed boundaries of the Community Facilities District for the statutory period, and the qualified electors in the Community Facilities District are the landowners the Community Facilities District; and
WHEREAS, on the basis of all of the foregoing, the City Council has determined at this time to proceed with the establishment of the Community Facilities District and to #28..
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07/22/2025/CED/EGarcia/Item X3 2025-XX
call an election therein to authorize (i) the levy of special taxes pursuant to the rate and method of apportionment of special tax, as set forth in the Rate and Method of Apportionment of Special Tax (the “Rate and Method”) attached hereto as Attachment A, and (ii) the establishment of an appropriations limit of $12,400,000 for the Community Facilities District; and
WHEREAS, by Resolution No. 2020-223, the City Council previously approved participation in the BOLD Program, for the formation of a second community facilities district over the property by California Municipal Finance Authority to finance fees and additional facilities with the levy of an annual facilities special tax which will secure bonded indebtedness; and
WHEREAS, pursuant to Sections 53313.5 and 53314.9 of the Act, there has been submitted to this City Council an Acquisition and Shortfall Agreement, by and between the City, acting on behalf of the District, and developers (the “Acquisition and Shortfall Agreement”), relating to the construction, acquisition, payment and reimbursement of the Facilities (as defined herein) and facilities under the BOLD Program, and this City Council, with the aid of its staff, has reviewed said document and found it to be in proper order.
NOW, THEREFORE, BE IT RESOLVED that the Council of the City of Modesto hereby finds and determines as follows:
SECTION 1. The above recitals are true and correct.
SECTION 2. A community facilities district designated “City of Modesto Community Facilities District No. 2025-2 (Village One Triangle)” is hereby established pursuant to the Act. The City Council hereby finds and determines that all prior #28..
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proceedings taken with respect to the establishment of the Community Facilities District were valid and in conformity with the requirements of law, including the Act. This finding is made in accordance with the provisions of Section 53325.1(b) of the Act.
SECTION 3. The boundaries of the Community Facilities District, including the Future Annexation Area to the Community Facilities District, are established as shown on the map designated “Map of Proposed Boundaries and Future Annexation Area of the City of Modesto Community Facilities District No. 2025-2 (Village One Triangle),” which map is on file in the office of the City Clerk and, pursuant to Sections 3111 and 3113 of the Streets and Highways Code, was recorded in the Book of Maps of Assessment and Community Facilities Districts in the Office of the County Recorder of Stanislaus County in Book No. 7, at Page 56 as Instrument No. DOC-2025-0030383.
SECTION 4. The facilities and services authorized to be paid for within the Community Facilities District are services or facilities, as the case may be, which the City is authorized by law to construct, acquire, own and operate, or to provide, as set forth in Appendix A to the Resolution of Intention (the “Facilities and Services”), including all costs associated with the creation of the Community Facilities District and administering the Community Facilities District and any debt obligations of the Community Facilities District (collectively, the “Incidental Expenses”). The City Council hereby finds that the Facilities and Services are necessary to meet increased demands put upon the City as a result of the new development within the Community Facilities District, and when annexed, the Future Annexation Area.
SECTION 5. It is the intention of the City Council, subject to the approval of the qualified electors within the Community Facilities District, to levy the proposed special #28..
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07/22/2025/CED/EGarcia/Item X5 2025-XX
taxes at the rates set forth in the Rate and Method on all non-exempt property within the Community Facilities District sufficient to pay for all or a portion of (i) the Facilities, (ii) the Services, and (iii) the Incidental Expenses.
The description of the Facilities and Services may be modified upon the annexation of property into the Community Facilities District, provided such modified description shall only apply to such annexed areas.
The City expects to incur, and in certain cases has already incurred, Incidental Expenses in connection with the creation of the Community Facilities District, the levying and collecting of the facilities special taxes, the provision of the Services, the completion and inspection of the Facilities and the annual administration of the Community Facilities District. The Rate and Method is described in detail on Attachment A hereto and incorporated herein by this reference, and the City Council hereby finds that the Rate and Method contains sufficient detail to allow each landowner within the Community Facilities District to estimate the maximum amount that may be levied against each parcel. As described in greater detail in the Report, which is incorporated by reference herein, the special taxes are based generally on area of each parcel of real property within the Community Facilities District (except to the extent that certain single family detached lots may be taxed at the same rate regardless of land area) and, accordingly, is hereby determined to be reasonable. The special taxes are apportioned to each parcel on the foregoing basis pursuant to Section 53325.3 of the Act, and such special taxes are not on or based upon the ownership of real property.
Under no circumstances shall the special taxes against any parcel used for private residential purposes be increased by more than 10% as a consequence of delinquency or #28..
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07/22/2025/CED/EGarcia/Item X6 2025-XX
default by the owner of any other parcel or parcels within the Community Facilities District, or from the Future Annexation Area, when annexed.
The City’s Community Development Manager, located at 1010 Tenth Street, Modesto, California 95353, telephone number (209) 577-5211, will be responsible for preparing annually, or authorizing a designee to prepare, a current roll of special tax levy obligations by assessor’s parcel number and will be responsible for estimating future special tax levies pursuant to Section 53340.2 of the Act.
SECTION 6. In the event that a portion of the property within the Community Facilities District shall become for any reason exempt, wholly or partially, from the levy of the special taxes specified in the Rate and Method, the City Council shall, on behalf of the Community Facilities District, increase the levy (to the extent necessary and permitted by law and these proceedings) upon the remaining property within the Community Facilities District, or within the Future Annexation Area, when annexed, if applicable, which is not exempt in order to prevent the Community Facilities District from defaulting on any of its other obligations or liabilities. The amount of the special taxes will be set in accordance with the Rate and Method.
Pursuant to Section 53340 of the Act, and except as provided in Section 53317.3 of the Act or in the Rate and Method, properties of entities of the state, federal, and local governments shall be exempt from the levy of the special taxes.
SECTION 7. Upon recordation of a notice of special tax lien pursuant to Section 3114.5 of the Streets and Highways Code, a continuing lien to secure each levy of the special taxes shall attach to all non-exempt real property in the Community Facilities District, and when annexed, the Future Annexation Area, and this lien shall continue in #28..
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07/22/2025/CED/EGarcia/Item X7 2025-XX
force and effect until the special tax obligation is prepaid and permanently satisfied and the lien canceled in accordance with law or until collection of the special tax by the Community Facilities District ceases.
SECTION 8. The City may accept advances of funds or work-in-kind from any source, including, but not limited to, the Petitioner and other private persons or private entities, for any authorized purpose, including, but not limited to, paying any cost incurred by it in creating the Community Facilities District.
The City may enter into an agreement with the person or entity advancing the funds or work-in-kind, to repay all or a portion of the funds advanced, or to reimburse the person or entity for the value, or cost, whichever is less, of the work-in-kind, as determined by the City, with or without interest.
The form of the Acquisition and Shortfall Agreement presented at this meeting and on file with the City Clerk be and is hereby approved, with such changes as may be approved by the Mayor, City Manager or Finance Director, said officer’s execution thereof to evidence approval of the changes. The Mayor, City Manager or Finance Director is hereby authorized and directed to execute the Acquisition and Shortfall Agreement on behalf of the Community Facilities District with such execution to be attested to by the City Clerk.
SECTION 9. Written protests against the establishment of the Community Facilities District or the designation of the Future Annexation Area have not been filed by one-half or more registered voters within the boundaries of the Community Facilities District, or the Future Annexation Area, as applicable, or by the property owners of onehalf (1/2) or more of the area of land within the Community Facilities District or the #28..
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Future Annexation Area, as applicable. The City Council hereby finds that the proposed special taxes have not been precluded by a majority protest pursuant to Section 53324 of the Act.
SECTION 10. Subject to voter approval required by the Act, the annual appropriations limit of $12,400,000 (as defined in Section 8(h) of Article XIII B of the California Constitution) of the Community Facilities District is hereby established through the Rate and Method of Apportionment, as adjusted for changes in the cost of living and changes in population.
SECTION 11. An election will be called for the Community Facilities District on the propositions of levying the special taxes on the property within the Community Facilities District and establishing the appropriations limit of $12,400,000 for the Community Facilities District pursuant to Section 53325.7 of the Act. The City Clerk shall conduct the election.
SECTION 12. Pursuant to and in compliance with the provisions of Government Code Section 50075.1, and the provisions of Article 1.5 (commencing with Section 53410) of Chapter 3 of Part 1 of Division 2 of Title 5 of the Government Code, the City Council hereby establishes the following accountability measures pertaining to the levy by the Community Facilities District of the special taxes:
a. Such special taxes shall be levied for the specific purposes set forth in Section 4 hereof.
b. The proceeds of the levy of such special taxes shall be applied only to the specific purposes set forth in Sections 4 and 5 hereof. c. The District shall establish accounts into which the proceeds of such #28..
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special taxes shall be deposited.
d. The City Manager or Finance Director will provide for such accounting and reporting for the special taxes as required by law. e. The City Manager, or his or her designee, acting for and on behalf of the Community Facilities District, shall annually file a report with the City Council as required pursuant to Government Code Sections 50075.3 and 53411.
SECTION 13. Pursuant to Section 53339.7(a) of the Act, the City Council provides for the annexation of all or a portion of the Future Annexation Area to the Community Facilities District without additional hearings or further action from the City Council. The Future Annexation Area will be annexed into the Community Facilities District only at such time as the Community Facilities District receives unanimous written approval to be annexed from the owner or owners of each parcel or parcels of the portion of the Future Annexation Area proposed to be annexed at that time. Annexations to the Community Facilities District may modified descriptions of facilities and services and/or modified special tax rates as set forth in a modified or separate Rate and Method at the time of annexation.
SECTION 14. The preparation of the Report is hereby ratified. The Report, as submitted, is hereby approved and is made a part of the record of the public hearing regarding the formation of the Community Facilities District, and is ordered to be kept on file with the transcript of these proceedings and open for public inspection. This City Council now finds and determines that all proceedings up to and including the adoption of this resolution were and are valid and in conformity with the requirements of the Act. #28..
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07/22/2025/CED/EGarcia/Item X10 2025-XX
The foregoing resolution was introduced at a regular meeting of the Council of the City of Modesto held on the 22nd day of July, 2025, by Councilmember ____________, who moved its adoption, which motion being duly seconded by Councilmember ___________, was upon roll call carried and the resolution adopted by the following vote:
AYES: Councilmembers:
NOES: Councilmembers:
ABSTAIN: Councilmembers:
ABSENT: Councilmembers:
ATTEST:
DIANE NAYARES-PEREZ,
CMC City Clerk
APPROVED AS TO FORM:
By:
JOSE M. SANCHEZ, City Attorney
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APPENDIX A
RATE AND METHOD OF APPORTIONMENT OF SPECIAL TAX
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CFD No. 2025-2 (Village One Triangle) 1 June 10, 2025
CITY OF MODESTO
COMMUNITY FACILITIES DISTRICT NO. 2025-2
(VILLAGE ONE TRIANGLE)
RATE AND METHOD OF APPORTIONMENT OF SPECIAL TAXES
Special Taxes applicable to each Assessor’s Parcel in the City of Modesto Community Facilities District No. 2025-2 (Village One Triangle) shall be levied and collected according to the tax liability determined by the City or its designee, through the application of the appropriate amount or rate for Taxable Property, as described below. All of the property in the CFD, unless exempted by law or by the provisions of Section H below, shall be taxed for the purposes, to the extent, and in the manner herein provided, including property subsequently annexed to the CFD.
A. DEFINITIONS
The terms hereinafter set forth have the following meanings:
“Acre” or “Acreage” means the land area of an Assessor’s Parcel as shown on an Assessor’s Parcel Map, or if the land area is not shown on an Assessor’s Parcel Map, the land area shown on the applicable Final Map or other Development Plan. “Act” means the Mello-Roos Community Facilities Act of 1982, as amended, being Chapter 2.5, (commencing with Section 53311), Part 1, Division 2 of Title 5 of the California Government Code.
“Administrative Expenses” means any or all of the following: the expenses of the City in carrying out its duties with respect to the CFD, including, but not limited to, the levy and collection of Special Taxes, the fees and expenses of its counsel, charges levied by the County in connection with the levy and collection of Special Taxes, costs related to property owner inquiries regarding the Special Taxes, costs associated with appeals or requests for interpretation associated with the Special Taxes and this RMA, costs associated with foreclosure and collection of delinquent Special Taxes, and all other costs and expenses of the City in any way related to the establishment or administration of the CFD.
“Administrator” means the person or firm designated by the City to administer the Special Taxes according to this RMA.
“Annual Maintenance Special Tax” means a special tax levied in any Fiscal Year to pay the Maintenance Special Tax Requirement, as defined below. #28..
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CFD No. 2025-2 (Village One Triangle) 2 June 10, 2025
“Assessor’s Parcel” or “Parcel” means a lot or parcel shown on an Assessor’s Parcel Map with an assigned Assessor’s Parcel number.
“Assessor’s Parcel Map” means an official map of the County Assessor designating parcels by Assessor’s Parcel Number.
“Assessor’s Parcel Number” means a unique number assigned to an Assessor’s Parcel by the County Assessor for purposes of identifying a property. “Authorized Facilities” means the public facilities authorized to be funded by the CFD as set forth in the documents adopted by the City Council when the CFD was formed. “Authorized Services” means the public services authorized to be funded by the CFD as set forth in the documents adopted by the City Council when the CFD was formed. “Base Annual Maintenance Special Tax” means the applicable Annual Maintenance Special Tax initially identified in Table 1 of Section C, as may be adjusted pursuant to Section D herein.
“Base One-Time Facilities Special Tax” means the applicable One-Time Facilities Special Tax initially identified in Table 1 of Section C, as may be adjusted pursuant to Section D herein.
“Base Special Taxes” means, collectively, the Base Annual Maintenance Special Tax and the Base One-Time Facilities Special Tax.
“Building Permit” means a permit that allows for vertical construction of a building or buildings, which shall not include a separate permit issued for construction of the foundation thereof.
“CFD” means the City of Modesto Community Facilities District No. 2025-2 (Village One Triangle).
“CFD Formation” means the date on which the Resolution of Formation to form the CFD was adopted by the City Council.
“City” means the City of Modesto.
“City Council” means the City Council of the City of Modesto, acting as the legislative body of the CFD.
“County” means the County of Stanislaus.
“Developed Property” means, in any Fiscal Year, the following:
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CFD No. 2025-2 (Village One Triangle) 3 June 10, 2025
For purposes of levying the Annual Maintenance Special Tax:
• for Single Family Detached Property, all Parcels for which a Final Map was recorded prior to June 30 of the preceding Fiscal Year but not prior to June 30, 2024;
• for Single Family Attached Property, all Parcels for which a Building Permit was issued prior to June 30 of the preceding Fiscal Year but not prior to June 30, 2024;
• for Other Property, all parcels for which a Building Permit was issued prior to June 30 of the preceding Fiscal Year but not prior to June 30, 2024.
For purposes of levying the One-Time Facilities Special Tax: all Parcels for which a Building Permit was issued prior to June 30 of the preceding Fiscal Year but not prior to June 30, 2024.
“Development Class” means, individually, Developed Property and Undeveloped Property.
“Development Plan” means a condominium plan, apartment plan, site plan or other development plan that identifies such information as the type of structure, the acreage, the square footage, and/or the number of Units that will be developed on Single Family Attached Property or Other Property.
“Escalation Factor” means, in any Fiscal Year, the greater of (i) the percentage increase, if any, in the construction cost index for the San Francisco region for the prior twelve (12) month period as published in the Engineering News Record or other comparable source if the Engineering News Record is discontinued or otherwise not available, or (ii) four percent (4.0%).
“Expected Maximum Annual Maintenance Special Tax Revenues” means the aggregate Annual Maintenance Special Tax that can be levied based on application of the Base Annual Maintenance Special Tax to the Expected Land Uses. The Expected Maximum Annual Maintenance Special Tax Revenues at CFD Formation are shown in Attachment 1 and may be revised pursuant to Sections D and E below. Updates to Attachment 1 shall be maintained internally by the Administrator and shall not require recordation of an amended RMA.
“Expected Maximum One-Time Facilities Special Tax Revenues” means the aggregate One-Time Facilities Special Tax that can be levied based on application of the Base OneTime Facilities Special Tax to the Expected Land Uses. The Expected Maximum OneTime Facilities Special Tax Revenues at CFD Formation are shown in Attachment 1 and may be revised pursuant to Sections D and E below. Updates to Attachment 1 shall be #28..
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CFD No. 2025-2 (Village One Triangle) 4 June 10, 2025
maintained internally by the Administrator and shall not require recordation of an amended RMA.
“Final Map” means a final map, or portion thereof, approved by the City pursuant to the Subdivision Map Act (California Government Code Section 66410 et seq) that creates Single Family Detached Lots. The term “Final Map” shall not include any large-lot subdivision map, Assessor’s Parcel Map, or subdivision map or portion thereof, that does not create Single Family Detached Lots, including Assessor’s Parcels that are designated as remainder parcels.
“Fiscal Year” means the period starting July 1 and ending on the following June 30. “Future Annexation Area” means that geographic area that, at the time of CFD Formation, was considered potential annexation area for the CFD and which was, therefore, identified as “future annexation area” on the recorded CFD boundary map. Such designation does not mean that any or all of the Future Annexation Area will annex into the CFD, but should property designated as Future Annexation Area choose to annex, the annexation may be processed pursuant to the streamlined annexation procedures provided in the Act.
“Land Use Category” means the categories of land use identified in Table 1 in Section C below.
“Maintenance Special Tax Requirement” means the amount of revenue needed in any Fiscal Year to pay for: (i) Authorized Services, (ii) establishment of reserves, (iii) Administrative Expenses, and (iv) amounts needed to cure any delinquencies in the payment of Annual Maintenance Special Taxes which have occurred in prior Fiscal Years. “Maximum Annual Maintenance Special Tax” means the greatest amount of Annual Maintenance Special Tax that can be levied on an Assessor’s Parcel in any Fiscal Year determined in accordance with Sections C and D below.
“Maximum Annual Maintenance Special Tax Revenues” means, for a particular Tax Zone in any Fiscal Year, the aggregate revenues that can be generated if the Maximum Annual Maintenance Special Tax is levied on all Parcels of Taxable Property in that Tax Zone.
“Maximum One-Time Facilities Special Tax” means the greatest amount of One-Time Facilities Special Tax that can be levied on an Assessor’s Parcel in any Fiscal Year determined in accordance with Sections C and D below.
“Maximum Special Taxes” means, collectively, the Maximum One-Time Facilities Special Tax and Maximum Annual Maintenance Special Tax. “One-Time Facilities Special Tax” means a special tax levied on Taxable Property to pay the One-Time Facilities Special Tax Requirement.
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CFD No. 2025-2 (Village One Triangle) 5 June 10, 2025
“One-Time Facilities Special Tax Requirement” means, for a Parcel of Taxable Property in the CFD, the amount needed to pay the Parcel’s share of the cost of Authorized Facilities as determined by the City, which amount shall not exceed the Maximum One-Time Facilities Special Tax assigned to the Parcel pursuant to this RMA. “Other Property” means any Parcel of Developed Property in the CFD that is not Single Family Attached Property, Single Family Detached Property, Owners Association Property, or Public Property.
“Owners Association” means a homeowners association or property owners association that provides services to, and collects assessments, fees, dues, or charges from, property within the CFD.
“Owners Association Property” means any property within the boundaries of the CFD that is owned in fee or through easement by the Owners Association, not including any such property that is located directly under a residential structure. “Proportionately” means, for each Development Class, that the ratio of the actual Annual Maintenance Special Tax levied in any Fiscal Year to the Maximum Annual Maintenance Special Tax authorized to be levied in that Fiscal Year is equal for all parcels assigned to the Development Class.
“Public Property” means any property within the boundaries of the CFD that is owned by the federal government, State of California, County, City, or other public agency. “Required Annual Maintenance Special Tax Revenues” means the lowest amount of Maximum Annual Maintenance Special Tax Revenues in a Tax Zone that must be available to the City in any Fiscal Year, although the actual amount levied in any Fiscal Year may be less that then Maximum Annual Maintenance Special Tax Revenues. The Required Annual Maintenance Services Revenues for Tax Zone 1 for Fiscal Year 2025- 26 is $880,306, which amount shall be adjusted on July 1, 2026 and each July 1 thereafter by the Escalation Factor. The Required Annual Maintenance Revenues will also be adjusted, as needed, based on Section E below.
“Required One-Time Facilities Special Tax Revenues” means the minimum amount of aggregate One-Time Facilities Special Tax Revenues to be generated from Taxable Property within a particular Tax Zone. The Required One-Time Special Revenues for Tax Zone 1 for Fiscal Year 2025-26 is $12,462,230 which amount shall be adjusted on July 1, 2026 and each July 1 thereafter by the Escalation Factor. The Required One-Time Facilities Special Tax Revenues will also be adjusted, as needed, based on Section E below. “RMA” means this Rate and Method of Apportionment of Special Taxes. “SFD Unit” means a residential dwelling unit that does not share a common wall with another residential dwelling unit.
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CFD No. 2025-2 (Village One Triangle) 6 June 10, 2025
“Single Family Attached Property” means, in any Fiscal Year, all Parcels of Developed Property for which a Building Permit was issued for construction of a residential structure consisting of two or more Units that share common walls and are offered as for-sale Units, including such residential structures that meet the statutory definition of a condominium contained in Civil Code Section 1351.
“Single Family Detached Lot” means an individual residential lot, identified and numbered on a recorded Final Map, on which a Building Permit has been or is permitted to be issued for construction of an SFD Unit without further subdivision of the lot and for which no further subdivision of the lot is anticipated pursuant to an approved Tentative Map.
“Single Family Detached Property” means, in any Fiscal Year, all Parcels of Developed Property for which a Building Permit was issued or will be issued for construction of an SFD Unit.
“Special Taxes” means, collectively, the One-Time Facilities Special Tax and the Annual Maintenance Special Tax.
“Tax Zone” means a mutually exclusive geographic area within which Special Taxes may be levied pursuant to this RMA. All property in the CFD at CFD Formation is within Tax Zone 1. Additional Tax Zones may be created when property is annexed into the CFD, and the amount of each Special Tax will be identified for property within the new Tax Zone at the time of such annexation. The Assessor’s Parcels included within a new Tax Zone established when such Parcels are annexed to the CFD shall be identified by Assessor’s Parcel number in the Unanimous Approval Form that is signed by the owner(s) of the Parcels at the time of annexation.
“Tax Zone 1” means the property included in the CFD at CFD Formation and any property that is subsequently annexed into Tax Zone 1.
“Taxable Property” means all Assessor’s Parcels within the boundaries of the CFD that are not exempt from the Special Tax pursuant to law or Section H below. “Tentative Map” means a tentative map or substantial conformance exhibit for property in the CFD, including any adjustments or amendments thereto. “Unanimous Approval Form” means the form executed by the record owner of fee title to the Parcel or Parcels included within the Future Annexation Area and annexed into the CFD that constitutes the property owner’s approval and unanimous vote in favor of annexing the property into the CFD and authorizes the levy of Special Taxes against his/her Parcel or Parcels pursuant to this RMA.
“Undeveloped Property” means, in any Fiscal Year, all Parcels of Taxable Property within the CFD that are not Developed Property.
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CFD No. 2025-2 (Village One Triangle) 7 June 10, 2025
“Unit” means (i) for Single Family Detached Property, an SFD Unit and (ii) for Single Family Attached Property, an individual residential unit within a duplex, triplex, fourplex, townhome, or condominium structure.
B. DATA FOR ADMINISTRATION OF THE SPECIAL TAXES
Each Fiscal Year, the Administrator shall: (i) determine the Tax Zone within which each Parcel of Taxable Property is located; (ii) categorize each Parcel of Taxable Property according to its Development Class; (iii) for Developed Property, categorize each Parcel as Single Family Detached Property, Single Family Attached Property, or Other Property; (iv) for Parcels of Single Family Attached Property, determine the number of Units on each Parcel; (v) for Other Property, determine the Acreage of each Parcel; and (vi) determine the Maintenance Special Tax Requirement for the Fiscal Year.
In any Fiscal Year, if it is determined that: (i) a parcel map for property in the CFD was recorded after January 1 of the prior Fiscal Year (or any other date after which the Assessor will not incorporate the newly-created Parcels into the then current tax roll), (ii) because of the date the parcel map was recorded, the Assessor does not yet recognize the new Parcels created by the parcel map, and (iii) one or more of the newly-created Parcels is in a different Development Class than other Parcels created by the subdivision, the Administrator shall calculate the Special Taxes for the property affected by recordation of the parcel map by determining the Special Taxes that apply separately to the property within each Development Class, then applying the sum of the individual Special Taxes to the Parcel that was subdivided by recordation of the parcel map.
C. MAXIMUM SPECIAL TAXES
1. Developed Property
The Maximum Special Taxes for Parcels of Developed Property in Tax Zone 1 shall be the greater of (i) the Base Special Taxes set forth in Table 1 below, or (ii) the Maximum Special Taxes determined pursuant to Section D below. For property that annexes into the CFD, different maximum special tax rates may be established by creating a separate Tax Zone for such annexed property. Alternatively, property may be annexed into Tax Zone 1 or another Tax Zone that was established prior to the annexation, and such property shall be subject to the Maximum Special Taxes applicable to that Tax Zone.
Table 1
Base Special Taxes for Developed Property
Tax Zone 1
Land Use
Category
Base One-Time Facilities
Special Tax
(Fiscal Year 2025-26)*
Base Annual Maintenance
Special Tax
(Fiscal Year 2025-26)*
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CFD No. 2025-2 (Village One Triangle) 8 June 10, 2025
Single Family
Detached Property
$22,495 per
Residential Unit
$1,589 per
Residential Unit
Single Family
Attached Property
$22,495 per
Residential Unit
$1,589 per
Residential Unit
Other Property $145,314 per Acre $10,259 per Acre
* Beginning July 1, 2026 and each July 1 thereafter, the Maximum Special Taxes shall be adjusted by the Escalation Factor.
2. Undeveloped Property
The Maximum Annual Maintenance Special Tax for Undeveloped Property in all Land Use Categories in Tax Zone 1 is $10,259 per Acre for Fiscal Year 2025-26, which amount shall be increased on July 1, 2026 and each July 1 thereafter by an amount equal to the Escalation Factor.
D. CHANGES TO THE MAXIMUM SPECIAL TAXES
1. Land Use Changes
The Expected Maximum Annual Maintenance Special Tax Revenues and Expected Maximum One-Time Facilities Special Tax Revenues shown in Attachment 1 were originally calculated based on the Expected Land Uses in Tax Zone 1 at the time of CFD Formation. Attachment 1 is subject to modification upon annexation of property into the CFD and the occurrence of Land Use Changes, as described below. The Administrator shall review all Land Use Changes and compare the revised land uses to the Expected Land Uses within the affected Tax Zone to evaluate the impact on the Expected Maximum Annual Maintenance Special Tax Revenues and Expected One-Time Facilities Special Tax Revenues in the Tax Zone.
If a Land Use Change is proposed or identified that will result in a change in the Expected Maximum Annual Maintenance Special Tax Revenues and Expected Maximum One-Time Facilities Special Tax Revenues within a Tax Zone, Steps 1 through 3 below must be applied:
Step 1: By reference to Attachment 1 (which shall be updated by the Administrator each time property is annexed into the CFD and each time a Land Use Change has been processed according to this Section D), the Administrator shall identify the Expected Maximum Annual Maintenance Special Tax Revenues and Expected Maximum One-Time Facilities Special Tax Revenues for the affected Tax Zone prior to the Land Use Change.
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CFD No. 2025-2 (Village One Triangle) 9 June 10, 2025
Step 2: The Administrator shall calculate the Expected Maximum Annual Maintenance Special Tax Revenues and Expected Maximum One-Time Facilities Special Tax Revenues that could be collected from Taxable Property in the affected Tax Zone after the Land Use Change.
Step 3: If the revenues calculated in Step 2 are higher than that determined in Step 1, no further action is needed, and the Administrator shall update Attachment 1 to show the revised Expected Maximum Annual Maintenance Special Tax Revenues and Expected Maximum One-Time Facilities Special Tax Revenues for the affected Tax Zone and for the CFD as a whole.
If the revenues calculated in Step 2 are less than those calculated in Step 1, and the Administrator determines that the Expected Maximum Annual Maintenance Special Tax Revenues and Expected Maximum One-Time Facilities Special Tax Revenues for the affected Tax Zone are less than the Required Annual Maintenance Special Tax Revenues and Required One-Time Facilities Special Tax Revenues for that Tax Zone, then the Administrator shall:
i. Identify all remaining Parcels of Undeveloped Property in the affected Tax Zone (the “Adjustment Property”);
ii. Determine the number of Residential Units and Acres of Other Property, if applicable, that are expected on the Adjustment Property after the Land Use Change;
iii. Increase the Base Annual Maintenance Special Tax and Base One-Time Facilities Special Tax proportionately for each Land Use Category expected on the Adjustment Property until, when applied to the Expected Land Uses on the Adjustment Property, the Maximum Annual Maintenance Special Tax Revenues and Maximum One-Time Facilities Special Tax Revenues that can be collected within the Tax Zone are equal to the Required Annual Maintenance Special Tax Revenues and Required One-Time
Special Tax Revenues for that Tax Zone. The amounts calculated shall thereafter be the Maximum Annual Maintenance Special Tax and Maximum One-Time Facilities Special Tax for each Unit and/or Acre of Other Property, if applicable, when the Adjustment Property becomes Developed Property, which
amount shall be increased by the Escalation Factor. The Administrator shall update Attachment 1 to reflect the Expected Land Uses, Maximum Special Taxes, Expected Maximum
Annual Maintenance Special Tax Revenues, and Expected
Maximum One-Time Facilities Special Tax Revenues for the Adjustment Property.
#28..
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CFD No. 2025-2 (Village One Triangle) 10 June 10, 2025
For purposes of this Step 3.b, a landowner may make a request to the City and the Administrator that the Adjustment Property include only particular Parcels that are under his/her ownership. If such a request is made, the Administrator will calculate the Maximum Special Taxes that would apply to the identified Parcels, and the City shall review the Maximum Special Taxes to determine if the request should be approved based on existing City policies and special tax rates on comparable land uses within the CFD.
The duties imposed on the Administrator to review Land Use Changes and to make the calculations set forth above, are intended only to facilitate administration of the Special Taxes and to better assure the sufficiency of tax capacity to pay for Authorized Facilities and Authorized Services. Such duties are not intended to give any developer, subdivider, or owner of property any right to receive notice of the potential impact of Land Use Changes on the Special Taxes applicable to a Parcel; and each developer, subdivider, or owner of property in the CFD shall be responsible for understanding the impact thereof on the Special Taxes applicable to such property.
Pursuant to this Section D, the Administrator may from time to time update Attachment 1 to reflect revised Expected Maximum Annual Maintenance Special Tax Revenues and Expected Maximum One-Time Facilities Special Tax Revenues. Such update shall be maintained internally by the Administrator and shall not require recordation of an amended RMA.
2. Conversion of a Parcel to a Taxable Land Use
If, in any Fiscal Year, a Parcel of Public Property or Owners Association Property that had been exempt from the Special Taxes is converted to a Land Use Category, such Parcel shall be subject to the levy of the Special Taxes. The Maximum Special Taxes for each such Parcel shall be determined based on the applicable Land Use Category and Tax Zone for the Parcel, as determined by the City and the Administrator.
E. ANNEXATIONS
If, in any Fiscal Year, a property owner within the Future Annexation Area wants to annex property into the CFD, the Administrator shall apply the following steps as part of the annexation:
Step 1: Working with City staff, the Administrator shall determine the following for the area being annexed: (i) the Expected Land Uses and (ii) the Tax Zone into which the property is to be annexed.
Step 2: The Administrator shall prepare an updated Attachment 1 to reflect the annexed property and identify the revised Expected Land Uses, Tax Zones, and Expected Maximum Annual Maintenance Special Tax Revenues and Maximum One-Time Facilities Special Tax Revenues. #28..
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CFD No. 2025-2 (Village One Triangle) 11 June 10, 2025
After the annexation is complete, the application of this RMA shall be based on the adjusted Expected Land Uses, Expected Maximum Annual Maintenance Special Tax Revenues, and Expected Maximum OneTime Facilities Special Tax Revenues, as applicable, including the newly annexed property.
Step 3: The Administrator shall ensure that a Notice of Special Tax Lien is recorded against all Parcels that are annexed to the CFD.
F. METHOD OF LEVY OF THE SPECIAL TAXES
1. One-Time Facilities Special Tax
Prior to issuance of a Building Permit for a Parcel of Taxable Property, the One-Time Facilities Special Tax shall be levied on the Parcel in the amount of the One-Time Facilities Special Tax Requirement for the Parcel, as determined by the City.
2. Annual Maintenance Special Tax
Each Fiscal Year, the Administrator shall determine the Maintenance Special Tax Requirement for that Fiscal Year. The Annual Maintenance Special Tax shall then be levied on all Parcels of Taxable Property as follows:
Step 1: The Annual Maintenance Special Tax shall be levied Proportionately on each Parcel of Developed Property within the CFD up to 100% of the Maximum Annual Maintenance Special Tax for each Parcel for such Fiscal Year.
Step 2: If additional revenue is needed after Step 1, the Annual Maintenance Special Tax shall be levied Proportionately on each Assessor’s Parcel of Undeveloped Property within the CFD, up to 100% of the Maximum Annual Maintenance Special Tax for each Parcel of Undeveloped Property for such Fiscal Year.
G. COLLECTION OF SPECIAL TAXES
The One-Time Facilities Special Tax shall be collected prior to a Building Permit being issued for any residential or non-residential structure on Taxable Property and shall be immediately delinquent if not so paid.
The Annual Maintenance Special Tax shall be collected in the same manner and at the same time as ordinary ad valorem property taxes, provided, however, that the City may directly bill, collect at a different time or in a different manner, and/or collect delinquent Annual Maintenance Special Taxes through foreclosure or other available methods. The #28..
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CFD No. 2025-2 (Village One Triangle) 12 June 10, 2025
Annual Maintenance Special Tax will continue to be levied and collected unless and until the City determines that Annual Maintenance Special Tax revenues are no longer needed to pay for Authorized Services.
H. EXEMPTIONS
No Special Taxes shall be levied on Public Property or Owners Association Property, as defined herein. Notwithstanding the foregoing, if in any Fiscal Year, a Parcel of Public Property is converted to private use, such Parcel may be subject to the levy of Special Taxes. In such case, the City shall determine the appropriate Maximum Special Taxes for the Parcel based on the land uses to be constructed on the Parcel.
I. INTERPRETATION OF SPECIAL TAX FORMULA
The City reserves the right to make minor administrative and technical changes to this document that do not materially affect the rate and method of apportioning Special Taxes.
In addition, the interpretation and application of any section of this document shall be left to the City’s discretion. Interpretations may be made by the City by ordinance or resolution for purposes of clarifying any vagueness or ambiguity in this RMA. #28..
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ATTACHMENT 1
City of Modesto
Community Facilities District No. 2025-2
(Village One Triangle)
Expected Maximum Special Tax Revenues
Tax Zone 1
One-Time Facilities Special Tax Annual Maintenance Special Tax Land
Use
Categor
y
Expected
Land Uses
Base One-Time
Facilities
Special Tax
(FY 2025-26) *
Expected
Maximum
One-Time
Facilities Special
Tax Revenues
(FY 2025-26) *
Base Annual
Maintenance
Special Tax
(FY 2025-26) *
Expected
Maximum Annual
Maintenance
Special
Tax Revenues
Single Family (FY 2025-26) *
Detached
Property
554
Residential
Units
$22,495 per
Residential Unit $12,462,230
$1,589 per
Residential Unit $880,306
Single Family
Attached
Property
0 Residential
Units
$22,495 per
Residential Unit $0
$1,589 per
Residential Unit $0
Other Property 0 Acres
$145,314 per
Acre $0 $10,259 per Acre $0
$12,462,230 $880,306
* Beginning July 1, 2026 and each July 1 thereafter, all dollar figures shown above shall be adjusted by the Escalation Factor.
#28..
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07/22/2025/CED/EGarcia/Item # 1 2025-xxx
MODESTO CITY COUNCIL
RESOLUTION NO. 2025-XXX
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MODESTO,
CALIFORNIA, ACTING AS THE LEGISLATIVE BODY OF THE CITY OF MODESTO COMMUNITY FACILITIES DISTRICT NO. 2025-2 (VILLAGE ONE
TRIANGLE), CALLING FOR A SPECIAL ELECTION
WHEREAS, the City Council (the “City Council”) of the City of Modesto (the “City”), has heretofore adopted Resolution No. 2025-196 (the “Resolution of Intention”), stating the City Council’s intention to establish City of Modesto Community Facilities District No. 2025-2 (Village One Triangle) (the “Community Facilities District”), pursuant to the Mello-Roos Community Facilities Act of 1982, as amended, commencing with Section 53311 of the Government Code of the State of California (the “Act”); and WHEREAS, on July 22, 2025, the City Council held a public hearing as required by law and the Act on all matters pertaining to the formation of the Community Facilities District, the special taxes relating to the Community Facilities District (the “Special Taxes”), including the special tax for certain facilities (the “One-Time Facilities Special Tax”) and the special tax for certain services (the “Annual Maintenance Special Tax”) within the Community Facilities District, the description of the authorized facilities (the “Facilities”) and the authorized services (the “Services”); and WHEREAS, at said hearing all persons not exempt from the special taxes of the Community Facilities District desiring to be heard on all matters pertaining to the Community Facilities District were heard and a full and fair hearing was held, and such matters were not precluded by a majority protest; and
WHEREAS, following said public hearing, the City Council adopted its resolution establishing the Community Facilities District, authorizing the levy of the #28..
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07/22/2025/CEDD/EGarcia/Item # 2 2025-xxx
Special Taxes within the Community Facilities District to fund the Facilities and Services and establishing an appropriations limit (the “Resolution of Formation”); and WHEREAS, the map of the boundaries of the Community Facilities District, including Improvement Area No. 1 and the Future Annexation Area (the “Map”) has been recorded in the Office of the County Recorder of Stanislaus County, California in Book 7, Page 56 of the Book of Maps of Assessment and Community Facilities Districts, as Document Number DOC-2025-0030383; and
WHEREAS, pursuant to the provisions of the Resolution of Formation and this Resolution, the City Council wishes to present to the qualified electors of the Community Facilities District propositions for the levy of the Special Taxes on property within the Community Facilities District and the establishment of an annual appropriations limit for the Community Facilities District as defined by subdivision (h) of Section 8 of Article XIIIB of the California Constitution.
NOW, THEREFORE, BE IT RESOLVED that the Council of the City of Modesto, acting as the legislative body of the City of Modesto Community Facilities District No. 2025-2 (Village One Triangle), hereby finds and determines as follows:
SECTION 1. The above recitals are true and correct and are incorporated herein by reference.
SECTION 2. Pursuant to the Act the propositions to authorize the levy of special taxes within the Community Facilities District and establish an appropriations limit of the Community Facilities District shall be combined into one ballot proposition and submitted to the qualified electors of the Community Facilities District as provided herein.
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07/22/2025/CEDD/EGarcia/Item # 3 2025-xxx
SECTION 3. The City Council has heretofore found that fewer than twelve (12) persons have been registered to vote within the territory of the Community Facilities District for the ninety (90) days preceding the close of the public hearing heretofore held by the City Council for the purposes of these proceedings. Accordingly, the vote shall be by the land owners of the Community Facilities District, and each owner of record at the close of such public hearing, or the authorized representative thereof, shall have one (1) vote for each acre or portion of an acre that he or she owns within the Community Facilities District.
SECTION 4. The date of the election shall be July 22, 2025, and the City Clerk shall conduct the election. The election shall be conducted by personally delivered or mailed ballots and in accordance with the provisions of law regulating elections of the City insofar as such provisions are determined by the City Clerk to be applicable. The voted ballots shall be returned to the City Clerk no later than 5:30 p.m. on July 22, 2025; provided that if all of the qualified electors have voted prior to such time, the election may be closed by the City Clerk.
SECTION 5. The form of the ballot for the election is attached hereto as Attachment A and by this reference incorporated herein. The City Clerk shall cause to be delivered to each of the qualified electors of the Community Facilities District a ballot in said form. Each ballot shall indicate the number of votes to be voted by the respective elector based upon the number of acres of land owned by such elector as set forth above.
The identification envelope for return of the ballot shall been closed with the ballot, shall have the postage prepaid and shall contain (a) the name and address of the landowner, (b) a declaration, under penalty of perjury, stating that the elector is the owner of record, or #28..
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07/22/2025/CEDD/EGarcia/Item # 4 2025-xxx
the authorized representative thereof, and is the person whose name appears on the identification envelope, (c) the printed name, signature and address of the elector, (d) the date of signing and place of execution of the declaration described above and (e) a notice that the envelope contains an official ballot and is to be opened only by the canvassing board. Analysis and arguments with respect to the ballot proposition are hereby waived.
SECTION 6. The City Clerk shall accept the ballots of the qualified electors in the office of the City Clerk to and including 5:30 p.m. on July 22, 2025, whether said ballots shall be personally delivered or received by mail.
SECTION 7. There is on file with the City Clerk a written instrument executed by each qualified elector of the Community Facilities District requesting a shortening of the time for the special election in order to expedite the process of formation of the Community Facilities District and waiving any requirement for analysis and arguments in connection therewith.
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07/22/2025/CEDD/EGarcia/Item # 5 2025-xxx
The foregoing resolution was introduced at a regular meeting of the Council of the City of Modesto held on the 22nd day of July, 2025, by Councilmember ____________, who moved its adoption, which motion being duly seconded by Councilmember ___________, was upon roll call carried and the resolution adopted by the following vote:
AYES: Councilmembers:
NOES: Councilmembers:
ABSTAIN: Councilmembers:
ABSENT: Councilmembers:
ATTEST:
DIANE NAYARES-PEREZ,
CMC City Clerk
APPROVED AS TO FORM:
By:
JOSE M. SANCHEZ, City Attorney
#28..
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07/22/2025/CED/EGarcia/Item # 6 2025-xxx
ATTACHMENT A
FORM OF OFFICIAL BALLOT
CITY OF MODESTO
COMMUNITY FACILITIES DISTRICT NO. 2025-2 (VILLAGE ONE TRIANGLE)
SPECIAL ELECTION
SPECIAL TAX AND APPROPRIATIONS LIMIT
July 22, 2025
NUMBER OF VOTES ENTITLED TO BE CAST: ___
(VOTER MAY REMOVE AND RETAIN THIS STUB)
--------------------------------------------------------------------------------------------------------------------- This ballot is for a special, landowner election. You must return this ballot in the enclosed envelop to the office of the City Clerk of the City of Modesto no later than 5:30 p.m. on July 22, 2025, either by mail or in person. The City Clerk’s offices are located at 1010 Tenth Street, Modesto, California 95353.
INSTRUCTIONS TO VOTERS
To vote, make a mark (x) in the voting area to the right of the word “YES” or “NO.” All distinguishing marks or erasures are forbidden and make the ballot void. If you wrongly mark, tear or deface this ballot, telephone the Office of the City Clerk of the City of Modesto for instructions as soon as possible at (209) 577-5200, Monday through Friday, between the hours of 9:00 a.m. and noon.
MARK YOUR CHOICE IN THIS MANNER ONLY:
MEASURE SUBMITTED TO VOTE OF VOTERS:
Shall the City of Modesto Community Facilities Disttict No. 2025-2 (Village One Triangle) (the “CFD”) be authorized to levy special taxes in order to finance certain facilities and services and shall the annual appropriations limit of the CFD be established in the amount of $12,400,000 all as specified in the Resolution entitled “A Resoluiton Declaring the Formation of City of Modesto Community Facilities District No. 2025-2 (Village One Triangle), Conditionally Authorizing the Levy of Special Taxes Therein, and Conditionally Establishing an Annual Appropriations Limit” adopted by the City Council of the City of Modesto on July 22, 2025?
YES
NO
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07/22/2025/CED/EGarcia/Item # 1 2025-xxx
MODESTO CITY COUNCIL
RESOLUTION NO. 2025-XXX
RESOLUTION DECLARING THE RESULTS OF JULY 22, 2025, SPECIAL
ELECTION AND APPROVING CERTAIN RELATED ACTIONS PERTAINING TO CITY OF MODESTO COMMUNITY FACILITIES DISTRICT NO. 2025-2 (VILLAGE ONE TRIANGLE)
WHEREAS, this City Council, acting as the legislative body of the City of Modesto Community Facilities District No. 2025-2 (Village One Triangle) (the “Community Facilities District”), called and duly held an election within the Community Facilities District pursuant to resolutions adopted by the City Council on July 22, 2025, for the purpose of presenting to the qualified electors within the Community Facilities District a proposition (the “Proposition”) for (a) the levy of special taxes in accordance with the rate and method of apportionment of special tax set forth in the resolution forming the Community Facilities District, and (b) the establishment of an appropriations limit for the Community Facilities District; and
WHEREAS, a Certificate of the City Clerk as to the Results of the Canvass of the Election Returns has been presented to City Council, a copy of which is attached hereto as Attachment A.
NOW, THEREFORE, BE IT RESOLVED that the Council of the City of Modesto, acting as the legislative body of the City of Modesto Community Facilities District No. 2025-2 (Village One Triangle), hereby finds and determines as follows:
SECTION 1. The above recitals are true and correct and are incorporated herein by reference.
SECTION 2. Two-thirds or more of the votes of the qualified electors of the Community Facilities District at the special election held on July 22, 2025 were cast in #28..
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07/22/2025/CEDD/EGarcia/Item # 2 2025-xxx
favor of the Proposition, and the Proposition carried. The City Council, acting as the legislative body of the Community Facilities District, is hereby authorized to take the necessary steps to levy the special taxes authorized by the Proposition.
SECTION 3. The City Clerk is hereby authorized and directed to execute and cause to be recorded in the office of the County Recorder of Stanislaus County a notice of special tax lien in the form required by law, said recording to occur no later than fifteen days following adoption of this Resolution.
The foregoing resolution was introduced at a regular meeting of the Council of the City of Modesto held on the 22nd day of July, 2025, by Councilmember ____________, who moved its adoption, which motion being duly seconded by Councilmember ___________, was upon roll call carried and the resolution adopted by the following vote:
AYES: Councilmembers:
NOES: Councilmembers:
ABSTAIN: Councilmembers:
ABSENT: Councilmembers:
ATTEST:
DIANE NAYARES-PEREZ,
CMC City Clerk
APPROVED AS TO FORM:
By:
JOSE M. SANCHEZ, City Attorney
#28..
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07/22/2025/CED/EGarcia/Item # 3 2025-xxx
ATTACHMENT A
CERTIFICATE OF CITY CLERK
AS TO RESULTS OF THE CANVAS OF ELECTION RETURNS
STATE OF CALIFORNIA )
) ss.
COUNTY OF STANISLAUS )
As City Clerk of the City of Modesto, I do hereby certify that I have examined the returns of the special election for City of Modesto Community Facilities District No. 2025-2 (Village One Triangle) (the “Community Facilities District”). With my concurrence, the election was conducted on July 22, 2025. On or prior to said date I had mailed or personally delivered, or caused to be mailed or personally delivered, a ballot to the landowner listed on the latest equalized assessment roll prepared by the Stanislaus County Assessor prior to July 22, 2025 or otherwise known by me to own the property within the boundaries of the Community Facilities District. The landowner was given one vote for each acre, or portion thereof, that the landowner owns within the Community Facilities District.
I further certify that the results of said election and the number of votes cast for and against the Proposition are as follows:
YES:____________
NO: ____________
TOTAL NUMBER OF VOTES CAST:________
Dated this ______ day of July 22, 2025.
____________________________________
Diane Nayares-Perez,
City Clerk of the City of Modesto
#28..
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ORDINANCE NO. _____
AN ORDINANCE AUTHORIZING THE LEVY OF SPECIAL TAXES WITHIN
THE CITY OF MODESTO HELD WITHIN CITY OF MODESTO COMMUNITY FACILITIES DISTRICT NO. 2025-2 (VILLAGE ONE TRIANGE)
The Council of the City of Modesto does ordain as follows:
WHEREAS, on June 10, 2025, this City Council adopted Resolution No. 2025-196 stating its intention to form City of Modesto Community Facilities District No. 2025-2 (Village One Triangle) (the “Community Facilities District”), and designate certain property for future annexation to the Community Facilities District (the “Future Annexation Area”), pursuant to the Mello-Roos Community Facilities Act of 1982, as amended (the “Act”) in order to finance certain facilities and services and incidental expenses to be incurred in connection with financing the foregoing; and WHEREAS, the City Council has held a noticed public hearing concerning the establishment of the Community Facilities District, including the designation the Future Annexation Area, as required by the Act; and
WHEREAS, subsequent to said hearing, the City Council adopted resolutions entitled “A Resolution Declaring the Formation of City of Modesto Community Facilities District No. 2025-2 (Village One Triangle), Conditionally Authorizing the Levy of Special Taxes Therein, and Conditionally Establishing an Annual Appropriations Limit of $12,400,000” (the “Resolution of Formation”), and Resolution of the City Council of the City of Modesto, California, acting as the Legislative Body of the City of Modesto Community Facilities District No. 2025-2 (Village One Triangle), Calling a Special Election,” which resolutions established the Community Facilities District, authorized the #28..
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2 levy of special taxes therein, and called an election within the Community Facilities District on the propositions of (a) the levy of special taxes in accordance with the rate and method of apportionment of special tax set forth in the Resolution of Formation (the “Special Taxes”), and (b) the establishment of an appropriations limit for the Community Facilities District (the “Proposition”); and
WHEREAS, an election was held on July 22, 2025, within the Community Facilities District at which the qualified electors approved by more than a two-thirds vote the Proposition.
NOW, THEREFORE, the Council of the City of Modesto, acting as the legislative body of the City of Modesto Community Facilities District No. 2025-2 (Village One Triangle), DOES ORDAIN as follows:
SECTION 1. The above recitals are true and correct and are incorporated herein by reference.
SECTION 2. By the passage of this Ordinance, the City Council authorizes and levies special taxes within the Community Facilities District at the rates and in accordance with the methods of apportionment set forth in Attachment A to the Resolution of Formation and which, for reference purposes, is attached hereto as Attachment A and incorporated by this reference, or as may be modified or amended from time to time by a resolution of change or resolution of annexation adopted pursuant to the provisions of the Act (the “Rate and Method”).
By passage of this Ordinance, the City Council authorizes the levy of a special tax for any approved future annexations in accordance with the then-existing Rate and Method. #28..
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3 SECTION 3. The City’s Community Development Manager shall be responsible for annually preparing, or causing the preparation of, the current roll of special tax levy obligations by assessor’s parcel number on non-exempt property within the Community Facilities District. The City Council or, to the maximum extent permitted by law, the City’s Community Development Manager is authorized to determine the specific special taxes to be levied on each parcel of land in the Community Facilities District, in the manner and as provided in the Rate and Method. In connection with the foregoing, the Administrator of the Infrastructure Financing Program of the City shall take any and all steps necessary in order to deliver to the Stanislaus County Tax Collector, on or before the date specified in Section 53340, a certified list of all parcels subject to the Annual Maintenance Special Tax (as defined in the Rate and Method) levies, including the amount of each such tax to be levied on each parcel for the applicable tax year. The special taxes to be levied shall not exceed the maximum rates set forth in the Rate and Method, but the special taxes may be levied at lower rates.
SECTION 4. Properties of entities of the state, federal or other local governments shall be exempt from the above-referenced special taxes only to the extent set forth in the Rate and Method, and otherwise shall be subject to tax consistent with the provisions of Section 53317.3 of the Act in effect as of the date of adoption of this Ordinance.
SECTION 5. All of the collections of the special taxes shall be used only as provided for in the Act and the Resolution of Formation and any resolution of change or resolution of annexation adopted from time to time by the City Council. The special taxes shall be levied only so long as needed to accomplish the purposes described in the #28..
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4 Resolution of Formation and the Rate and Method, and to be described in any resolution of change or resolution of annexation adopted from time to time by the City Council.
SECTION 6. The Annual Maintenance Special Tax shall be collected in the same manner as ordinary ad valorem taxes are collected and shall be subject to the same penalties and the same procedure and sale in cases of delinquency as provided for ad valorem taxes as such collection procedure may be modified by law or this City Council from time to time. Notwithstanding the foregoing, the City’s Community Development Manager may collect, or cause to be collected, one or more installments of such special taxes by means of direct billing of the property owners within the Community Facilities District if, in the judgment of the City’s Community Development Manager, such means of collection will reduce the burden of administering the Community Facilities District or is otherwise appropriate in the circumstances. In such event, such special taxes shall become delinquent if not paid when due as set forth in any such respective billing to the property owners.
The One-Time Facilities Special Tax shall be collected at the times as provided in the Rate and Method.
SECTION 7. This Ordinance relating to the levy of the special tax takes effect and shall be in force immediately after the date of final passage pursuant to Government Code Section 36937(a).
SECTION 8. At least two (2) days prior to its final adoption, copies of this Ordinance shall be posted in at least three (3) prominent and distinct locations in the City; and a notice shall be published once in The Modesto Bee, the official newspaper of the City of Modesto, setting forth the title of this Ordinance, the date of its introduction and the places where this Ordinance is posted.
#28..
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5 #28..
- 2391 -
6 The foregoing Ordinance was introduced at a regular meeting of the Council of the City of Modesto held on the 22nd day of July, 2025, by Councilmember ____________, who moved its introduction and passage to print, its which motion being duly seconded by Councilmember ___________, was upon roll call carried and ordered printed and published by the following vote:
AYES: Councilmembers:
NOES: Councilmembers:
ABSTAIN: Councilmembers:
ABSENT: Councilmembers:
APPROVED:
SUE ZWAHLEN, Mayor
ATTEST:
By:
DIANE NAYARES-PEREZ, CMC City Clerk
APPROVED AS TO FORM:
By:
JOSE M. SANCHEZ, City Attorney
#28..
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7 FINAL ADOPTION CLAUSE
The foregoing ordinance, having been published as required by the Charter of the City of Modesto, and coming on for final consideration at the regular meeting of the Council of the City of Modesto held on the _____ day of ___________, 2025, Councilmember ____________ moved its final adoption, which motion being duly seconded by Councilmember ______________, was upon roll carried and the ordinance adopted by the following vote:
AYES: Councilmembers:
NOES: Councilmembers:
ABSTAIN: Councilmembers:
ABSENT: Councilmembers:
APPROVED:
SUE ZWAHLEN, Mayor
ATTEST:
By:
DIANE NAYARES-PEREZ, City Clerk
Effective Date: [date of adoption]
#28..
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07/22/2025/CED/EGarcia/Item X 1 2025-XX
MODESTO CITY COUNCIL
RESOLUTION NO. 2025-XX
RESOLUTION APPROVING THE FINAL MAP AND SUBDIVISION
IMPROVEMENT AGREEMENT FOR THE CROSSINGS PHASE I
SUBDIVISION, AND AUTHORIZING THE CITY MANAGER, OR DESIGNEE,
TO EXECUTE THE SUBDIVISION IMPROVEMENT AGREEMENT WITH
THE OWNER, D.R. HORTON BAY INC., A DELAWARE CORPORATION, AND
AUTHORIZING THE CITY CLERK TO CERTIFY THE FINAL MAP AND RECORD WITH THE STANISLAUS COUNTY RECORDER’S OFFICE
WHEREAS, the Village One Specific Plan was adopted by the City Council on October 16, 1990; and
WHEREAS, Precise Plan Area No. 35 within the Village One Specific Plan was adopted by the City Council and make effective on March 7, 2024 by Ordinance No. 3777-C.S.; and
WHEREAS, D.R. Horton Bay, Inc., A Delaware Corporation (“SUBDIVIDER”), is in possession of a tract of land situated in the City of Modesto, County of Stanislaus, consisting of 29.94 acres, known as The Crossings Phase I Subdivision (“SUBDIVISION”), in Precise Plan Area No. 35 within the Village One Specific Plan Area; and
WHEREAS, a tentative subdivision map of the SUBDIVISION (TSM22-002) was approved by the City of Modesto Planning Commission on January 23, 2024, with conditions of approval as noted in Planning Commission Resolution Number 2024-24; and
WHEREAS, the public improvements required by the Planning Commission conditions of approval have not been completed; and
#28..
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07/22/2025/CED/EGarcia/Item X 2 2025-XX
WHEREAS, as required by Section 66462 of the California Subdivision Map Act and Section 4-4.605 of the Modesto Municipal Code by previous action, a subdivision improvement agreement is required between the City and SUBDIVIDER; and WHEREAS, following a public hearing and special election on April 06, 2004, by Resolution 2004-199, Council approved the establishment of Community Facilities District No. 2004-1, Village One No. 2, which SUBDIVISION is a part of; and WHEREAS, the Secretary of the Planning Commission of the City of Modesto and the City Engineer have certified that the final map of said tract substantially conforms to the approved tentative subdivision map; and WHEREAS, the City Engineer of the City of Modesto has certified that the final map of said SUBDIVISION meets all of the provisions of the California Subdivision Map Act and the provisions of the Modesto Municipal Code relating to subdivisions, and the City Surveyor has determined that the map is technically correct; and WHEREAS, the SUBDIVIDER has furnished securities as set forth in Section 4-
4.605 of the Modesto Municipal Code, which shall secure the obligations set forth in Section 66499.3 of the Government Code of the State of California. Said securities are in forms acceptable to the City Attorney and in the amounts required by the City Engineer.
NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Modesto that it hereby approves the Final Map and Subdivision Improvement Agreement for the Crossings Phase I subdivision.
BE IT FURTHER RESOLVED that the City Manager, or designee, is authorized to execute the Subdivision Improvement Agreement with the Owner, D.R. Horton Bay Inc., a Delaware Corporation in a form approved by the City Attorney. #28..
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07/22/2025/CED/EGarcia/Item X 3 2025-XX
BE IT FURTHER RESOLVED that the City Clerk be authorized to certify the map of said tract on behalf of the City of Modesto after the fees required by the Modesto Municipal Code in amounts determined by the City Engineer have been paid.
The foregoing resolution was introduced at a regular meeting of the Council of the City of Modesto held on the 22nd day of July, 2025, by Councilmember ____________, who moved its adoption, which motion being duly seconded by Councilmember ___________, was upon roll call carried and the resolution adopted by the following vote :
AYES: Councilmembers:
NOES: Councilmembers:
ABSENT: Councilmembers:
ATTEST: _______________________________
DIANE NAYARES-PEREZ, CMC City Clerk
(SEAL)
APPROVED AS TO FORM:
BY: ___________________________________
JOSE M. SANCHEZ, City Attorney
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CITY OF MODESTO
COMMUNITY FACILITIES DISTRICT NO. 2025-2
(VILLAGE ONE TRIANGLE)
LIST OF FACILITIES
The types of Facilities and Services proposed to be financed by Community Facilities District No. 2025-2 (CFD) are as follows:
Authorized Facilities:
The CFD shall be authorized to finance all or any part of the costs of acquisition, construction and improvement of the following facilities (the “Facilities”):
Bike Trail
Road Improvements
Roundabout Intersections
MID Crossing Improvements
Rail Crossing Improvements
The Facilities shall include all hard and soft costs associated with the improvements, including the costs of acquisition of land and rights-of-way, the costs of design, engineering and planning, the costs of environmental or traffic studies, surveys or other reports, costs related to landscaping and irrigation, soils testing, permits, plan check, and inspection fees, insurance, legal and related overhead costs, coordination and supervision and any other costs or appurtenances related to any of the foregoing. The CFD may also fund, and the special taxes may also be used to directly pay for, the purchase, construction, expansion, improvement or rehabilitation of any of the Facilities, and to reimburse the City or any third parties for advances made to purchase, construct, expand, improve or rehabilitate any of the Facilities. #28..
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LIST OF SERVICES
Maintenance of the Neighborhood Park(s), arterial road parkway, median and roundabout landscaping, tree pruning, connector street parkway, median landscaping, bike trails, masonry walls, central basin and storm drain facilities.
The services to be provided include, but are not limited to, litter and debris removal, pruning, staking, fertilizing, plant replacement and restoration, fire and weed control, erosion control, trimming of vegetation, and storm drain system maintenance. Authorized services shall also include the following: (i) related reserves for the replacement of plants and materials, replacement of storm water treatment filters and other storm drainage facilities, and (ii) a sinking fund for services that could not otherwise be funded in a given fiscal year.
The services to be financed by the CFD are in addition to those provided in the territory of the CFD before the date of creation of the CFD and will not supplant services already available within that territory when the CFD was created.
Administrative Expenses
The administrative expenses to be funded by the CFD include the direct and indirect expenses incurred by the City in carrying out its duties with respect to the CFD including, but not limited to, the levy and collection of special taxes, fees and expenses of attorneys, any fees of the County of Stanislaus related to the CFD or the collection of special taxes, an allocable share of the salaries of the City staff related thereto, and expenses incurred by the City in undertaking action to foreclose on properties for which the payment of special taxes is delinquent, and all other costs and expenses of the City in any way related to the CFD.
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CFD No. 2025-2 (Village One Triangle) 1 June 10, 2025
CITY OF MODESTO
COMMUNITY FACILITIES DISTRICT NO. 2025-2
(VILLAGE ONE TRIANGLE)
RATE AND METHOD OF APPORTIONMENT OF SPECIAL TAXES
Special Taxes applicable to each Assessor’s Parcel in the City of Modesto Community Facilities District No. 2025-2 (Village One Triangle) shall be levied and collected according to the tax liability determined by the City or its designee, through the application of the appropriate amount or rate for Taxable Property, as described below. All of the property in the CFD, unless exempted by law or by the provisions of Section H below, shall be taxed for the purposes, to the extent, and in the manner herein provided, including property subsequently annexed to the CFD.
A. DEFINITIONS
The terms hereinafter set forth have the following meanings:
“Acre” or “Acreage” means the land area of an Assessor’s Parcel as shown on an Assessor’s Parcel Map, or if the land area is not shown on an Assessor’s Parcel Map, the land area shown on the applicable Final Map or other Development Plan.
“Act” means the Mello-Roos Community Facilities Act of 1982, as amended, being Chapter 2.5, (commencing with Section 53311), Part 1, Division 2 of Title 5 of the California Government Code.
“Administrative Expenses” means any or all of the following: the expenses of the City in carrying out its duties with respect to the CFD, including, but not limited to, the levy and collection of Special Taxes, the fees and expenses of its counsel, charges levied by the County in connection with the levy and collection of Special Taxes, costs related to property owner inquiries regarding the Special Taxes, costs associated with appeals or requests for interpretation associated with the Special Taxes and this RMA, costs associated with foreclosure and collection of delinquent Special Taxes, and all other costs and expenses of the City in any way related to the establishment or administration of the CFD.
“Administrator” means the person or firm designated by the City to administer the Special Taxes according to this RMA.
“Annual Maintenance Special Tax” means a special tax levied in any Fiscal Year to pay the Maintenance Special Tax Requirement, as defined below.
“Assessor’s Parcel” or “Parcel” means a lot or parcel shown on an Assessor’s Parcel Map with an assigned Assessor’s Parcel number.
“Assessor’s Parcel Map” means an official map of the County Assessor designating parcels by Assessor’s Parcel Number.
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CFD No. 2025-2 (Village One Triangle) 2 June 10, 2025
“Assessor’s Parcel Number” means a unique number assigned to an Assessor’s Parcel by the County Assessor for purposes of identifying a property. “Authorized Facilities” means the public facilities authorized to be funded by the CFD as set forth in the documents adopted by the City Council when the CFD was formed. “Authorized Services” means the public services authorized to be funded by the CFD as set forth in the documents adopted by the City Council when the CFD was formed. “Base Annual Maintenance Special Tax” means the applicable Annual Maintenance Special Tax initially identified in Table 1 of Section C, as may be adjusted pursuant to Section D herein. “Base One-Time Facilities Special Tax” means the applicable One-Time Facilities Special Tax initially identified in Table 1 of Section C, as may be adjusted pursuant to Section D herein. “Base Special Taxes” means, collectively, the Base Annual Maintenance Special Tax and the Base One-Time Facilities Special Tax.
“Building Permit” means a permit that allows for vertical construction of a building or buildings, which shall not include a separate permit issued for construction of the foundation thereof. “CFD” means the City of Modesto Community Facilities District No. 2025-2 (Village One Triangle).
“CFD Formation” means the date on which the Resolution of Formation to form the CFD was adopted by the City Council.
“City” means the City of Modesto.
“City Council” means the City Council of the City of Modesto, acting as the legislative body of the CFD.
“County” means the County of Stanislaus.
“Developed Property” means, in any Fiscal Year, the following:
For purposes of levying the Annual Maintenance Special Tax:
• for Single Family Detached Property, all Parcels for which a Final Map was recorded prior to June 30 of the preceding Fiscal Year but not prior to June 30, 2024; • for Single Family Attached Property, all Parcels for which a Building Permit was issued prior to June 30 of the preceding Fiscal Year but not prior to June 30, 2024; • for Other Property, all parcels for which a Building Permit was issued prior to June 30 of the preceding Fiscal Year but not prior to June 30, 2024. #28..
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CFD No. 2025-2 (Village One Triangle) 3 June 10, 2025
For purposes of levying the One-Time Facilities Special Tax: all Parcels for which a Building Permit was issued prior to June 30 of the preceding Fiscal Year but not prior to June 30, 2024.
“Development Class” means, individually, Developed Property and Undeveloped Property. “Development Plan” means a condominium plan, apartment plan, site plan or other development plan that identifies such information as the type of structure, the acreage, the square footage, and/or the number of Units that will be developed on Single Family Attached Property or Other Property. “Escalation Factor” means, in any Fiscal Year, the greater of (i) the percentage increase, if any, in the construction cost index for the San Francisco region for the prior twelve (12) month period as published in the Engineering News Record or other comparable source if the Engineering News Record is discontinued or otherwise not available, or (ii) four percent (4.0%). “Expected Maximum Annual Maintenance Special Tax Revenues” means the aggregate Annual Maintenance Special Tax that can be levied based on application of the Base Annual Maintenance Special Tax to the Expected Land Uses. The Expected Maximum Annual Maintenance Special Tax Revenues at CFD Formation are shown in Attachment 1 and may be revised pursuant to Sections D and E below. Updates to Attachment 1 shall be maintained internally by the Administrator and shall not require recordation of an amended RMA. “Expected Maximum One-Time Facilities Special Tax Revenues” means the aggregate OneTime Facilities Special Tax that can be levied based on application of the Base One-Time Facilities Special Tax to the Expected Land Uses. The Expected Maximum One-Time Facilities Special Tax Revenues at CFD Formation are shown in Attachment 1 and may be revised pursuant to Sections D and E below. Updates to Attachment 1 shall be maintained internally by the Administrator and shall not require recordation of an amended RMA. “Final Map” means a final map, or portion thereof, approved by the City pursuant to the Subdivision Map Act (California Government Code Section 66410 et seq) that creates Single Family Detached Lots. The term “Final Map” shall not include any large-lot subdivision map, Assessor’s Parcel Map, or subdivision map or portion thereof, that does not create Single Family Detached Lots, including Assessor’s Parcels that are designated as remainder parcels. “Fiscal Year” means the period starting July 1 and ending on the following June 30. “Future Annexation Area” means that geographic area that, at the time of CFD Formation, was considered potential annexation area for the CFD and which was, therefore, identified as “future annexation area” on the recorded CFD boundary map. Such designation does not mean that any or all of the Future Annexation Area will annex into the CFD, but should property designated as Future Annexation Area choose to annex, the annexation may be processed pursuant to the streamlined annexation procedures provided in the Act.
“Land Use Category” means the categories of land use identified in Table 1 in Section C below. “Maintenance Special Tax Requirement” means the amount of revenue needed in any Fiscal Year to pay for: (i) Authorized Services, (ii) establishment of reserves, (iii) Administrative #28..
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CFD No. 2025-2 (Village One Triangle) 4 June 10, 2025
Expenses, and (iv) amounts needed to cure any delinquencies in the payment of Annual Maintenance Special Taxes which have occurred in prior Fiscal Years. “Maximum Annual Maintenance Special Tax” means the greatest amount of Annual Maintenance Special Tax that can be levied on an Assessor’s Parcel in any Fiscal Year determined in accordance with Sections C and D below.
“Maximum Annual Maintenance Special Tax Revenues” means, for a particular Tax Zone in any Fiscal Year, the aggregate revenues that can be generated if the Maximum Annual Maintenance Special Tax is levied on all Parcels of Taxable Property in that Tax Zone. “Maximum One-Time Facilities Special Tax” means the greatest amount of One-Time Facilities Special Tax that can be levied on an Assessor’s Parcel in any Fiscal Year determined in accordance with Sections C and D below.
“Maximum Special Taxes” means, collectively, the Maximum One-Time Facilities Special Tax and Maximum Annual Maintenance Special Tax.
“One-Time Facilities Special Tax” means a special tax levied on Taxable Property to pay the One-Time Facilities Special Tax Requirement.
“One-Time Facilities Special Tax Requirement” means, for a Parcel of Taxable Property in the CFD, the amount needed to pay the Parcel’s share of the cost of Authorized Facilities as determined by the City, which amount shall not exceed the Maximum One-Time Facilities Special Tax assigned to the Parcel pursuant to this RMA.
“Other Property” means any Parcel of Developed Property in the CFD that is not Single Family Attached Property, Single Family Detached Property, Owners Association Property, or Public Property.
“Owners Association” means a homeowners association or property owners association that provides services to, and collects assessments, fees, dues, or charges from, property within the CFD.
“Owners Association Property” means any property within the boundaries of the CFD that is owned in fee or through easement by the Owners Association, not including any such property that is located directly under a residential structure.
“Proportionately” means, for each Development Class, that the ratio of the actual Annual Maintenance Special Tax levied in any Fiscal Year to the Maximum Annual Maintenance Special Tax authorized to be levied in that Fiscal Year is equal for all parcels assigned to the Development Class.
“Public Property” means any property within the boundaries of the CFD that is owned by the federal government, State of California, County, City, or other public agency. “Required Annual Maintenance Special Tax Revenues” means the lowest amount of Maximum Annual Maintenance Special Tax Revenues in a Tax Zone that must be available to #28..
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CFD No. 2025-2 (Village One Triangle) 5 June 10, 2025
the City in any Fiscal Year, although the actual amount levied in any Fiscal Year may be less that then Maximum Annual Maintenance Special Tax Revenues. The Required Annual Maintenance Services Revenues for Tax Zone 1 for Fiscal Year 2025-26 is $880,306, which amount shall be adjusted on July 1, 2026 and each July 1 thereafter by the Escalation Factor. The Required Annual Maintenance Revenues will also be adjusted, as needed, based on Section E below. “Required One-Time Facilities Special Tax Revenues” means the minimum amount of aggregate One-Time Facilities Special Tax Revenues to be generated from Taxable Property within a particular Tax Zone. The Required One-Time Special Revenues for Tax Zone 1 for Fiscal Year 2025-26 is $12,462,230 which amount shall be adjusted on July 1, 2026 and each July 1 thereafter by the Escalation Factor. The Required One-Time Facilities Special Tax Revenues will also be adjusted, as needed, based on Section E below.
“RMA” means this Rate and Method of Apportionment of Special Taxes. “SFD Unit” means a residential dwelling unit that does not share a common wall with another residential dwelling unit.
“Single Family Attached Property” means, in any Fiscal Year, all Parcels of Developed Property for which a Building Permit was issued for construction of a residential structure consisting of two or more Units that share common walls and are offered as for-sale Units, including such residential structures that meet the statutory definition of a condominium contained in Civil Code Section 1351.
“Single Family Detached Lot” means an individual residential lot, identified and numbered on a recorded Final Map, on which a Building Permit has been or is permitted to be issued for construction of an SFD Unit without further subdivision of the lot and for which no further subdivision of the lot is anticipated pursuant to an approved Tentative Map. “Single Family Detached Property” means, in any Fiscal Year, all Parcels of Developed Property for which a Building Permit was issued or will be issued for construction of an SFD Unit. “Special Taxes” means, collectively, the One-Time Facilities Special Tax and the Annual Maintenance Special Tax.
“Tax Zone” means a mutually exclusive geographic area within which Special Taxes may be levied pursuant to this RMA. All property in the CFD at CFD Formation is within Tax Zone 1.
Additional Tax Zones may be created when property is annexed into the CFD, and the amount of each Special Tax will be identified for property within the new Tax Zone at the time of such annexation. The Assessor’s Parcels included within a new Tax Zone established when such Parcels are annexed to the CFD shall be identified by Assessor’s Parcel number in the Unanimous Approval Form that is signed by the owner(s) of the Parcels at the time of annexation. “Tax Zone 1” means the property included in the CFD at CFD Formation and any property that is subsequently annexed into Tax Zone 1.
“Taxable Property” means all Assessor’s Parcels within the boundaries of the CFD that are not exempt from the Special Tax pursuant to law or Section H below. #28..
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CFD No. 2025-2 (Village One Triangle) 6 June 10, 2025
“Tentative Map” means a tentative map or substantial conformance exhibit for property in the CFD, including any adjustments or amendments thereto.
“Unanimous Approval Form” means the form executed by the record owner of fee title to the Parcel or Parcels included within the Future Annexation Area and annexed into the CFD that constitutes the property owner’s approval and unanimous vote in favor of annexing the property into the CFD and authorizes the levy of Special Taxes against his/her Parcel or Parcels pursuant to this RMA.
“Undeveloped Property” means, in any Fiscal Year, all Parcels of Taxable Property within the CFD that are not Developed Property.
“Unit” means (i) for Single Family Detached Property, an SFD Unit and (ii) for Single Family Attached Property, an individual residential unit within a duplex, triplex, fourplex, townhome, or condominium structure.
B. DATA FOR ADMINISTRATION OF THE SPECIAL TAXES
Each Fiscal Year, the Administrator shall: (i) determine the Tax Zone within which each Parcel of Taxable Property is located; (ii) categorize each Parcel of Taxable Property according to its Development Class; (iii) for Developed Property, categorize each Parcel as Single Family Detached Property, Single Family Attached Property, or Other Property; (iv) for Parcels of Single Family Attached Property, determine the number of Units on each Parcel; (v) for Other Property, determine the Acreage of each Parcel; and (vi) determine the Maintenance Special Tax Requirement for the Fiscal Year.
In any Fiscal Year, if it is determined that: (i) a parcel map for property in the CFD was recorded after January 1 of the prior Fiscal Year (or any other date after which the Assessor will not incorporate the newly-created Parcels into the then current tax roll), (ii) because of the date the parcel map was recorded, the Assessor does not yet recognize the new Parcels created by the parcel map, and (iii) one or more of the newly-created Parcels is in a different Development Class than other Parcels created by the subdivision, the Administrator shall calculate the Special Taxes for the property affected by recordation of the parcel map by determining the Special Taxes that apply separately to the property within each Development Class, then applying the sum of the individual Special Taxes to the Parcel that was subdivided by recordation of the parcel map.
C. MAXIMUM SPECIAL TAXES
1. Developed Property
The Maximum Special Taxes for Parcels of Developed Property in Tax Zone 1 shall be the greater of (i) the Base Special Taxes set forth in Table 1 below, or (ii) the Maximum Special Taxes determined pursuant to Section D below. For property that annexes into the CFD, different maximum special tax rates may be established by creating a separate Tax Zone for such annexed property. Alternatively, property may be annexed into Tax Zone 1 or another Tax Zone that was established prior to the annexation, and such property shall be subject to the Maximum Special Taxes applicable to that Tax Zone.
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CFD No. 2025-2 (Village One Triangle) 7 June 10, 2025
Table 1
Base Special Taxes for Developed Property
Tax Zone 1
Land Use
Category
Base One-Time Facilities
Special Tax
(Fiscal Year 2025-26)*
Base Annual Maintenance
Special Tax
(Fiscal Year 2025-26)*
Single Family
Detached Property
$22,495 per
Residential Unit
$1,589 per
Residential Unit
Single Family
Attached Property
$22,495 per
Residential Unit
$1,589 per
Residential Unit
Other Property $145,314 per Acre $10,259 per Acre
* Beginning July 1, 2026 and each July 1 thereafter, the Maximum Special Taxes shall be adjusted by the Escalation Factor.
2. Undeveloped Property
The Maximum Annual Maintenance Special Tax for Undeveloped Property in all Land Use Categories in Tax Zone 1 is $10,259 per Acre for Fiscal Year 2025-26, which amount shall be increased on July 1, 2026 and each July 1 thereafter by an amount equal to the Escalation Factor.
D. CHANGES TO THE MAXIMUM SPECIAL TAXES
1. Land Use Changes
The Expected Maximum Annual Maintenance Special Tax Revenues and Expected Maximum One-Time Facilities Special Tax Revenues shown in Attachment 1 were originally calculated based on the Expected Land Uses in Tax Zone 1 at the time of CFD Formation. Attachment 1 is subject to modification upon annexation of property into the CFD and the occurrence of Land Use Changes, as described below. The Administrator shall review all Land Use Changes and compare the revised land uses to the Expected Land Uses within the affected Tax Zone to evaluate the impact on the Expected Maximum Annual Maintenance Special Tax Revenues and Expected One-Time Facilities Special Tax Revenues in the Tax Zone.
If a Land Use Change is proposed or identified that will result in a change in the Expected Maximum Annual Maintenance Special Tax Revenues and Expected Maximum One-Time Facilities Special Tax Revenues within a Tax Zone, Steps 1 through 3 below must be applied:
Step 1: By reference to Attachment 1 (which shall be updated by the Administrator each time property is annexed into the CFD and each time a Land Use Change has been processed according to this Section D), the Administrator shall identify the Expected Maximum Annual Maintenance Special Tax Revenues and Expected Maximum One-Time Facilities Special Tax Revenues for the affected Tax Zone prior to the Land Use Change.
Step 2: The Administrator shall calculate the Expected Maximum Annual Maintenance Special Tax Revenues and Expected Maximum One-Time Facilities Special #28..
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CFD No. 2025-2 (Village One Triangle) 8 June 10, 2025
Tax Revenues that could be collected from Taxable Property in the affected Tax Zone after the Land Use Change.
Step 3: If the revenues calculated in Step 2 are higher than that determined in Step 1, no further action is needed, and the Administrator shall update Attachment 1 to show the revised Expected Maximum Annual Maintenance Special Tax Revenues and Expected Maximum One-Time Facilities Special Tax Revenues for the affected Tax Zone and for the CFD as a whole.
If the revenues calculated in Step 2 are less than those calculated in Step 1, and the Administrator determines that the Expected Maximum Annual Maintenance Special Tax Revenues and Expected Maximum One-Time Facilities Special Tax Revenues for the affected Tax Zone are less than the Required Annual Maintenance Special Tax Revenues and Required One-Time Facilities Special Tax Revenues for that Tax Zone, then the Administrator shall:
i. Identify all remaining Parcels of Undeveloped Property in the affected Tax Zone (the “Adjustment Property”);
ii. Determine the number of Residential Units and Acres of Other Property, if applicable, that are expected on the Adjustment Property after the Land Use Change;
iii. Increase the Base Annual Maintenance Special Tax and Base One-Time Facilities Special Tax proportionately for each Land Use Category expected on the Adjustment Property until, when applied to the Expected Land Uses on the Adjustment Property, the Maximum Annual Maintenance Special Tax Revenues and Maximum One-Time Facilities Special Tax Revenues that can be collected within the Tax Zone are equal to the Required Annual Maintenance Special Tax Revenues and Required One-Time Special Tax Revenues for that Tax Zone. The amounts calculated shall thereafter be the Maximum Annual Maintenance Special Tax and Maximum One-Time Facilities Special Tax for each Unit and/or Acre of Other Property, if applicable, when the Adjustment Property becomes Developed Property, which amount shall be increased by the Escalation Factor. The Administrator shall update Attachment 1 to reflect the Expected Land Uses, Maximum Special Taxes, Expected Maximum Annual Maintenance Special Tax Revenues, and Expected Maximum One-Time Facilities Special Tax Revenues for the Adjustment Property.
For purposes of this Step 3.b, a landowner may make a request to the City and the Administrator that the Adjustment Property include only particular Parcels that are under his/her ownership. If such a request is made, the Administrator will calculate the Maximum Special Taxes that would apply to the identified Parcels, and the City shall review the Maximum Special Taxes to determine if the request should be approved based on existing City policies and special tax rates on comparable land uses within the CFD.
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CFD No. 2025-2 (Village One Triangle) 9 June 10, 2025
The duties imposed on the Administrator to review Land Use Changes and to make the calculations set forth above, are intended only to facilitate administration of the Special Taxes and to better assure the sufficiency of tax capacity to pay for Authorized Facilities and Authorized Services.
Such duties are not intended to give any developer, subdivider, or owner of property any right to receive notice of the potential impact of Land Use Changes on the Special Taxes applicable to a Parcel; and each developer, subdivider, or owner of property in the CFD shall be responsible for understanding the impact thereof on the Special Taxes applicable to such property.
Pursuant to this Section D, the Administrator may from time to time update Attachment 1 to reflect revised Expected Maximum Annual Maintenance Special Tax Revenues and Expected Maximum One-Time Facilities Special Tax Revenues. Such update shall be maintained internally by the Administrator and shall not require recordation of an amended RMA.
2. Conversion of a Parcel to a Taxable Land Use
If, in any Fiscal Year, a Parcel of Public Property or Owners Association Property that had been exempt from the Special Taxes is converted to a Land Use Category, such Parcel shall be subject to the levy of the Special Taxes. The Maximum Special Taxes for each such Parcel shall be determined based on the applicable Land Use Category and Tax Zone for the Parcel, as determined by the City and the Administrator.
E. ANNEXATIONS
If, in any Fiscal Year, a property owner within the Future Annexation Area wants to annex property into the CFD, the Administrator shall apply the following steps as part of the annexation:
Step 1: Working with City staff, the Administrator shall determine the following for the area being annexed: (i) the Expected Land Uses and (ii) the Tax Zone into which the property is to be annexed.
Step 2: The Administrator shall prepare an updated Attachment 1 to reflect the annexed property and identify the revised Expected Land Uses, Tax Zones, and Expected Maximum Annual Maintenance Special Tax Revenues and Maximum OneTime Facilities Special Tax Revenues. After the annexation is complete, the application of this RMA shall be based on the adjusted Expected Land Uses, Expected Maximum Annual Maintenance Special Tax Revenues, and Expected Maximum One-Time Facilities Special Tax Revenues, as applicable, including the newly annexed property.
Step 3: The Administrator shall ensure that a Notice of Special Tax Lien is recorded against all Parcels that are annexed to the CFD.
F. METHOD OF LEVY OF THE SPECIAL TAXES
1. One-Time Facilities Special Tax
Prior to issuance of a Building Permit for a Parcel of Taxable Property, the One-Time Facilities Special Tax shall be levied on the Parcel in the amount of the One-Time Facilities Special Tax Requirement for the Parcel, as determined by the City.
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CFD No. 2025-2 (Village One Triangle) 10 June 10, 2025
2. Annual Maintenance Special Tax
Each Fiscal Year, the Administrator shall determine the Maintenance Special Tax Requirement for that Fiscal Year. The Annual Maintenance Special Tax shall then be levied on all Parcels of Taxable Property as follows:
Step 1: The Annual Maintenance Special Tax shall be levied Proportionately on each Parcel of Developed Property within the CFD up to 100% of the Maximum Annual Maintenance Special Tax for each Parcel for such Fiscal Year.
Step 2: If additional revenue is needed after Step 1, the Annual Maintenance Special Tax shall be levied Proportionately on each Assessor’s Parcel of Undeveloped Property within the CFD, up to 100% of the Maximum Annual Maintenance Special Tax for each Parcel of Undeveloped Property for such Fiscal Year.
G. COLLECTION OF SPECIAL TAXES
The One-Time Facilities Special Tax shall be collected prior to a Building Permit being issued for any residential or non-residential structure on Taxable Property and shall be immediately delinquent if not so paid.
The Annual Maintenance Special Tax shall be collected in the same manner and at the same time as ordinary ad valorem property taxes, provided, however, that the City may directly bill, collect at a different time or in a different manner, and/or collect delinquent Annual Maintenance Special Taxes through foreclosure or other available methods. The Annual Maintenance Special Tax will continue to be levied and collected unless and until the City determines that Annual Maintenance Special Tax revenues are no longer needed to pay for Authorized Services.
H. EXEMPTIONS
No Special Taxes shall be levied on Public Property or Owners Association Property, as defined herein. Notwithstanding the foregoing, if in any Fiscal Year, a Parcel of Public Property is converted to private use, such Parcel may be subject to the levy of Special Taxes. In such case, the City shall determine the appropriate Maximum Special Taxes for the Parcel based on the land uses to be constructed on the Parcel.
I. INTERPRETATION OF SPECIAL TAX FORMULA
The City reserves the right to make minor administrative and technical changes to this document that do not materially affect the rate and method of apportioning Special Taxes. In addition, the interpretation and application of any section of this document shall be left to the City’s discretion.
Interpretations may be made by the City by ordinance or resolution for purposes of clarifying any vagueness or ambiguity in this RMA.
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ATTACHMENT 1
City of Modesto
Community Facilities District No. 2025-2
(Village One Triangle)
Expected Maximum Special Tax Revenues
Tax Zone 1
One-Time Facilities Special Tax Annual Maintenance Special Tax Land Use
Category
Expected
Land Uses
Base One-Time
Facilities
Special Tax
(FY 2025-26) *
Expected Maximum
One-Time
Facilities Special
Tax Revenues
(FY 2025-26) *
Base Annual
Maintenance
Special Tax
(FY 2025-26) *
Expected Maximum
Annual Maintenance
Special
Tax Revenues
(FY 2025-26) *
Single Family
Detached Property
554
Residential Units
$22,495 per
Residential Unit $12,462,230
$1,589 per
Residential Unit $880,306
Single Family
Attached Property
0 Residential Units
$22,495 per
Residential Unit $0
$1,589 per
Residential Unit $0
Other Property 0 Acres $145,314 per Acre $0 $10,259 per Acre $0 $12,462,230 $880,306
* Beginning July 1, 2026 and each July 1 thereafter, all dollar figures shown above shall be adjusted by the Escalation Factor. #28..
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200' 400' SCALE: 1"=400' 0' 800'
VILLAGE ONE TRIANGLE
APN 014-026-038
APN 014-026-034
APN 014-026-025
APN 014-026-032
APN 014-026-033
APN 014-026-003
(NOT A PART OF CFD OR
FUTURE ANNEXATION AREA)
APN
014-026-035
FUTURE
ANNEXATION AREA
FUTURE ANNEXATION AREA CLAUS ROAD
BRIGGSMORE AVENUE
M.I.D. LATERAL NO. 3
B.N.S.F. RAILROAD SANTA FE AVENUE
MILNES ROAD NOT TO SCALE VICINITY MAP PROJECT SITE E BRIGGSMORE AVE MERLE AVE FLOYD AVE SANTA FE AVE DEWITT RD PARKER RD HELD DR 3 4 2 8 B r o o k s i d e R o a d , S t o c k t o n , C a l i f o r n i a 9 5 2 1 9 2 0 9 - 9 4 3 - 2 0 2 1 w w w . s i e g f r i e d e n g . c o m F x : 2 0 9 - 9 4 2 - 0 2 1 4 CIVIL ENGINEERING STRUCTURAL ENGINEERING SURVEYING PLANNING PROPOSED BOUNDARIES AND FUTURE ANNEXATION AREA OF CITY OF MODESTO COMMUNITY FACILITIES DISTRICT NO. 2025-2 (VILLAGE ONE TRIANGLE) CITY OF MODESTO, COUNTY OF STANISLAUS, STATE OF CALIFORNIA COUNTY RECORDER'S STATEMENT: FILED THIS _________ DAY OF _______________, 2025, AT THE HOUR OF ____________ O'CLOCK ___. M IN BOOK ____________ OF MAPS OF ASSESSMENT AND COMMUNITY FACILITIES DISTRICTS AT PAGE(S) __________ IN THE OFFICE OF THE COUNTY RECORDER OF THE COUNTY OF STANISLAUS, STATE OF CALIFORNIA. _______________________, COUNTY RECORDER OF THE COUNTY OF STANISLAUS, STATE OF CALIFORNIA BY: _______________________________, DEPUTY____________________________________ PRINT NAME CITY CLERK'S STATEMENTS: FILED IN THE OFFICE OF THE CITY CLERK OF THE CITY OF MODESTO SHOWING THIS ______ DAY OF ___________________, 2025. DIANE NAYARES-PEREZ, CITY CLERK BY: __________________________ __________________________ PRINT NAME I HEREBY CERTIFY THAT THIS MAP SHOWING THE PROPOSED BOUNDARIES AND FUTURE ANNEXATION AREA OF CITY OF MODESTO COMMUNITY FACILITIES DISTRICT NO. 2025-2 (VILLAGE ONE TRIANGLE), CITY OF MODESTO, COUNTY OF STANISLAUS, STATE OF CALIFORNIA, WAS APPROVED BY THE CITY COUNCIL OF THE CITY OF MODESTO AT A REGULAR MEETING THEREOF, HELD ON THE _________ DAY OF _________________, 2025, BY ITS RESOLUTION NO. _____________. DIANE NAYARES-PEREZ, CITY CLERK BY: __________________________ __________________________ PRINT NAME LEGEND:BOUNDARY OF COMMUNITY FACILITIES DISTRICT NO. 2025-2 FUTURE ANNEXATION AREA OF COMMUNITY FACILITIES DISTRICT NO. 2025-2 MILNES RD M.I.D. LATERAL NO. 3
CLAUS RD
FLOYD AVENUE
MERLE AVENUE
APN
014-026-039
APN 014-025-002
APN 014-025-015
APN 014-025-019
B.N.S.F. RAILROAD
SANTA FE AVENUE
FUTURE
ANNEXATION AREA
APN 014-014-005
APN 014-013-002
APN 014-014-015
APN 014-014-002
APN 014-014-004
APN 014-014-012
SANTA FE AVE
APN 014-025-018
FUTURE
ANNEXATION AREA
APNS
014-026-030
014-026-031
APN 014-026-040
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CERTIFICATE OF CITY CLERK
AS TO RESULTS OF THE CANVAS OF ELECTION RETURNS
STATE OF CALIFORNIA )
) ss.
COUNTY OF STANISLAUS )
As City Clerk of the City of Modesto, I do hereby certify that I have examined the returns of the special election for City of Modesto Community Facilities District No. 2025-2(Village One Triangle) (the “Community Facilities District”). With my concurrence, the election was conducted on July 22, 2025. On or prior to said date I had mailed or personally delivered, or caused to be mailed or personally delivered, a ballot to the landowner listed on the latest equalized assessment roll prepared by the Stanislaus County Assessor prior to July 22, 2025 or otherwise known by me to own the property within the boundaries of the Community Facilities District. The landowner was given one vote for each acre, or portion thereof, that the landowner owns within the Community Facilities District.
I further certify that the results of said election and the number of votes cast for and against the Proposition are as follows:
YES:____________
NO: ____________
TOTAL NUMBER OF VOTES CAST:________
Dated this ____ day of July, 2025.
____________________________________
Diane Nayares-Perez,
City Clerk of the City of Modesto
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295626830.1
CONCURRENCE ON HOLDING SPECIAL ELECTION LESS THAN 125
DAYS FOLLOWING PUBLIC HEARING
As the elections official of the special election (the “Election”) called for by the Resolution of the City of Modesto, acting as the Legislative Body of the City of Modesto Community Facilities District No. 2025-2 (Village One Triangle) (the “District”), Calling a Special Election Related to the Special Tax and Appropriations Limit for said District, I hereby concur on holding the Election less than 125 days following the holding of the public hearing related thereto.
Dated: July 22, 2025
By:
Diane Nayares-Perez, City Clerk
City of Modesto, California
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ACQUISITION AND SHORTFALL AGREEMENT
AMONG THE CITY OF MODESTO,
COMMUNITY FACILITIES DISTRICT NO. 2025-2 (VILLAGE ONE TRIANGLE) AND _____________________________
This Acquisition and Shortfall Agreement (“Agreement”) is made and entered into in the City of Modesto, County of Stanislaus, State of California, this _________ day of _________________, 20XX, by and among the City of Modesto, a municipal corporation organized and existing under its Charter and the Constitution and laws of the State of California (“City”), Community Facilities District No. 2025-2 (VILLAGE ONE TRIANGLE), City of Modesto, County of Stanislaus, State of California, a community facilities district organized and existing under the laws of the State of California (“District”), and _________________________________, a ______________ organized and existing under the laws of the State of California (“Developer”).
1. General
a. At the request of Developer, City has formed District under and pursuant to the Mello-Roos Community Facilities District Act of 1982 (the “Act”) for the purpose, among others, of financing some or all of the cost of certain infrastructure including the improvements described in Exhibit “A” hereto (the “Improvements”) and paying the cost of certain public services necessary or desirable in connection with the development of property located within District. b. It is contemplated that the Improvements will be constructed under one or more contracts to be awarded by Developer and that, upon their completion, the Improvements will be conveyed to and accepted for ownership by City.
c. Pursuant to section 53314.9 of the Act, the City Council of City (the “City Council”) is authorized to accept advances of funds or work-in-kind from any source, including, but not limited to, private persons or private entities, and may provide, by resolution, for the use of those funds or work-in-kind for any authorized purpose. Pursuant to section 53314.9 of the Act, the City Council is also authorized to enter into an agreement, by resolution, with the person or entity advancing the funds or work-in-kind to repay all or a portion of the funds advanced or to reimburse the person or entity for the cost or value of the work-in-kind provided that certain conditions are met.
The conditions to be satisfied with respect to funds advanced require that (i) the proposal to repay the funds or to pay the cost or value of the work-in-kind must be included in the resolution of intention relating to District and in the resolution of formation of District, (ii) that any proposed special tax is approved by the qualified electors of District pursuant to the Act and that, if a proposed special tax is not approved, any funds advanced which have not been committed for any authorized purpose by the time of the election must be returned to the person or entity advancing funds and (iii) any work-inkind accepted shall have been performed or constructed as if the work had been performed or constructed under the direction and supervision, or under the authority, of City. d. The parties desire to establish the terms, prices, conditions pursuant to which the Improvements will be constructed by Developer and acquired by City. e. Any short-fall between the total cost of the Improvements, incidental expenses, and any change orders issued and approved in accordance with paragraph 3.i., below, and the amount of moneys, if any, generated by special facilities taxes in District or by Bonds, or #28..
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otherwise, resulting in an insufficient amount of moneys available to pay the cost of the Improvements and incidental expenses, shall be deemed a contribution by Developer toward the cost of the Improvements and work in-kind accepted by City.
f. Whether or not District issues Bonds, Developer agrees to construct, or cause to be constructed, all of the Improvements and to convey them, along with all interests in real property necessary for the operation, maintenance and ownership thereof, to City. Developer agrees to complete the construction of all of the Improvements regardless of whether the cost of such construction exceeds the amount of moneys available to District for the purchase thereof. In no event shall any shortfall described in paragraph 1.f. above and in this paragraph 1.g. become a debt of City or District or any of the officers or employees of either of them.
2. Issuance of Bonds and Use of Bond Proceeds; Special Facilities Tax.
To the maximum extent permitted by law, Developer agrees to cooperate with City and District and to take all steps that are necessary or convenient in connection with the issuance of Bonds in one or more series. Such steps shall include, but shall not be limited to (a) providing such information concerning Developer, the property within District, Developer’s plans for the development of such property, and the financial resources available to Developer in order to implement those plans as may be required by City, District, bond counsel, disclosure counsel, the underwriter of the Bonds (the “Underwriter”), counsel to the Underwriter and the appraiser retained by District in connection with the preparation of the appraisal of the property in the District and the offering of the Bonds; (b) the execution and delivery to the Underwriter of a continuing disclosure agreement in form and substance satisfactory to the Underwriter and its counsel, and (c) the execution and delivery to City, District and the Underwriter and their respective counsel of such certificates and opinions of counsel to Developer relating to the contents of the Preliminary Official Statement and the final Official Statement and matters relating thereto as may be required by such parties. District agrees to proceed in good faith with the steps necessary or convenient to the issuance of Bonds from time to time, provided that District shall not be required to issue Bonds if it determines, in its sole discretion that to do so would be inconsistent with City’s “Policies & Procedures for the Formation, Annexation, and Administration of Community Facilities Districts Created Pursuant to the Provisions of the Mello Roos Community Facilities Act Of 1982” (as it exists on the date of this Agreement and as it may be amended from time to time, “City’s CFD Policies and Procedures”) or with reasonable and prudent municipal bond market practices or if City’s financial advisor and/or Underwriter advise City not to sell Bonds. a. Bond Proceeds. If Bonds are sold, it is expected that; (i) the proceeds of the Bonds will be deposited, held, invested, and disbursed as provided in the Indenture pursuant to which the Bonds are issued (the “Indenture”), (ii) a portion of the proceeds of the Bonds will be set aside under the Indenture in a separate fund (the “Project Fund”) and (iii) moneys in the Project Fund will be withdrawn therefrom, in accordance with the provisions of the Indenture, to pay for all or a portion of the costs of the acquisition of the Improvements from Developer, and incidental expenses, all as determined by City and District and as herein and in the Indenture provided. b. Improvements to be Acquired. Pursuant to the provisions hereof and its usual and customary procedures and standards applicable to accepting public improvements, City agrees to accept the Improvements.
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If Bonds are issued, then any obligation of City or District to use Bond proceeds to pay for the acquisition of the Improvements, and incidental expenses, shall be limited to moneys in the Project Fund. It is recognized that the amount of moneys in the Project Fund available to pay for the acquisition of the Improvements, and incidental expenses, may be less than the total cost thereof.
3. Construction of Improvements.
a. Plans and Specifications. Developer represents and agrees that it has obtained or will obtain approval of the plans and specifications for the Improvements from the Development Services Division of City as a part of the permit approval process for the construction of the Improvements. Developer covenants that the Improvements will be constructed in full compliance with such approved plans and specifications and any change orders thereto approved by City. The Improvements shall also be completed in accordance with the currently effective City of Modesto Standard Construction Specifications and Improvement Standards including “Engineer Design Standards”, “General Provisions” (portions applicable to developers), “Standards” and “Details”. Copies of all plans and specifications shall be provided by the Developer to the City’s Engineer or his or her designee (the “City’s Engineer”). b. Competitive Bidding. Developer covenants that all contracts to be awarded pursuant to this Agreement shall be awarded to the contractor who is the lowest responsible bidder for the work to be performed. Prior to commencement of any reimbursable work, other than engineering and design, Developer shall solicit public bids and award a contract for construction of the Improvements in accordance with section 3(l) of City’s CFD Policies and Procedures. c. Prevailing Wages. Developer covenants that, with respect to the construction of the Improvements, it will assure complete compliance with any applicable law or regulation for the payment of prevailing wages. Developer shall require the payment of prevailing wages based on rates as determined by the California Director of Industrial Relations and as defined by Section 1773 of the California Labor Code. Unless otherwise directed by the City’s Engineer, Developer’s construction schedule shall provide adequate time for completion of the work such that no holiday or overtime labor shall be required. City shall not reimburse Developer for any labor costs which exceed the normal and customary straight time rates, as described in the City of Modesto General Provisions, section 4.19, for the work performed unless the City’s Engineer authorizes the use of overtime or legal holiday time, in advance and in writing.
Developer shall maintain, or require to be maintained, certified payroll records for all labor costs incurred on all City reimbursable work for a minimum period of four (4) years from the issuance of the Notice of Completion. Said payroll records shall be made available to City and any state regulatory agency for review, audit, inspection or copying upon request. d. CEQA. Developer further covenants that it will pay or reimburse City for the cost, if any, of compliance with the California Environmental Quality Act (“CEQA”) in conjunction with the construction of the Improvements and their conveyance pursuant hereto. CEQA documentation may be arranged through the District Administrator or his or her designee (“District Administrator”).
e. Contractor Licenses. Developer shall insure that all contractors and subcontractors are licensed in accordance with sections 7000 through 7191 inclusive, of the #28..
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California Business and Professions Code and that they maintain adequate insurance for any work or services performed.
f. Inspection. Developer covenants that City and its officers and agents will be permitted to inspect the Improvements using the same standards, and with the same frequency and detail, that would be applicable to a public works project undertaken by City. However, Developer shall pay for the cost of inspections and material testing, unless such costs are expressly incorporated into the purchase price of an Improvement. Developer shall also obtain and pay for the cost of an encroachment permit for any work in the existing public right-of-way. g. Performance, Payment and Warranty Securities. Concurrently with the execution and delivery of this Agreement, Developer shall file with the City’s Engineer two (2) improvement securities, each to be in an amount based upon the total reimbursable cost of the Improvements as determined by the City’s Engineer. One improvement security shall secure faithful performance of this Agreement as required by section 66499.3(a) of the California Government Code and shall be in an amount equal to one hundred (100%) percent of the estimated cost of the Improvements, including all construction management and design costs, as shown in Exhibit “A” (the “Estimated Cost of the Improvements”). The second improvement security shall, as required by section 66499.3(b) of the California Government Code, secure the obligations set forth in Title 1 (commencing with section 8000) of Part 6 of Division 4 of the California Civil Code for payment to the contractor, its subcontractors and to persons renting equipment or furnishing labor or materials to them for the Improvements, and shall be in an amount equal to one hundred (100%) percent of the total Estimated Cost of the Improvements. Developer shall secure and maintain such improvement securities until all Improvements have been completed and accepted by City unless otherwise agreed by City in writing.
Prior to issuance of a Notice of Completion for the Improvements, Developer shall file with City a guarantee and warranty security as set forth in section 66499.3(d) of the California Government Code in the amount of ten percent (10%) of the Estimated Cost of the Improvements to guarantee and warrant the Improvements for a period of one (1) year following the completion and acceptance thereof against any defective work or labor done or defective materials furnished.
Any bond(s) delivered to the City’s Engineer in satisfaction of the requirements of this paragraph 3.g. shall be executed by a surety company authorized to transact a surety business in the State of California. All securities required by this paragraph 3.g shall be in such form and substance as may be reasonably required by City. In the event that any such security is not renewed or maintained, or otherwise lapses or expires, prior to completion of the Improvements, Developer shall notify City, in writing by personal delivery or certified mail, return receipt requested, of said lapse or expiration at least thirty (30) calendar days prior to the last effective date of said security. At least ten (10) calendar days prior to the lapse or expiration of said security, Developer shall renew said security or secure alternative security sufficient to satisfy Developer’s duties and obligations under this paragraph 3.g., in a form approved by City. Should Developer fail to (a) renew or maintain security, (b) give notice prior to the lapse or expiration of said security, or (c) otherwise comply with any provision in this paragraph 3.g., City may, in its sole discretion, deem any such failure to be a material breach of this Agreement and/or may immediately terminate this Agreement. h. Insurance. With respect to the construction of the Improvements, Developer shall furnish to City a policy or policies of insurance issued by an insurance carrier acceptable to City in a form satisfactory to City, evidencing insurance consistent with the provisions hereof. Each #28..
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policy shall bear an endorsement precluding the cancellation or reduction in coverage before the expiration of thirty (30) days after City shall receive notification of such cancellation or reduction by registered mail.
The minimum insurance coverage shall be as follows:
(1) Worker’s Compensation - in compliance with the statutes of the State of California plus employer’s liability with a minimum limit of liability of $1,000,000. (2) Commercial General Liability insurance with a minimum limit of liability per occurrence of $2,000,000 for bodily injury and property damage. This insurance shall indicate on the certificate of insurance the following coverages and indicate the policy aggregate limit applying to: premises and operations; broad form contractual; independent consultants and subcontractors; products and completed operations; and professional liability. (3) Automobile Liability insurance with a minimum limit of liability per occurrence of $1,000,000 for bodily injury and property damage. This insurance shall cover any automobile for bodily injury and property damage.
The required coverages and verification of coverage set forth in the “General Provisions” of the Standard Specifications are included herein by this reference as though set forth in full. This insurance shall directly protect City and District as well as Developer and its agents. The insurer shall assume the defense of City and District and their respective officers, employees and agents from suits, actions, damages or claims of every type and description to which they may be subjected or put by reason of, or resulting from the construction or installation of the Improvements or other Developer duties or obligations arising out this Agreement. The insurance policy shall expressly state that the above terms are in effect.
Each policy of insurance shall be placed with insurers with a Best’s rating of no less than A:VII, and specify that:
(1) The inclusion of more than one insured shall not operate to impair the rights of one insured against another insured, and the coverage afforded shall apply as if separate policies had been issued to each insured, and
(2) It acts as primary insurance and that no insurance held by City or District shall be called upon to cover either in full or in part, any loss covered under the policy. (3) The issuing insurance company waives its rights of subrogation against City and District.
If Developer fails to maintain such insurance, City and District each may, among its other options, take out insurance to cover damages of the above mentioned classes for which it might be held liable, and recover the amount of the premiums for such insurance from Developer or retain such amount from any moneys due the Developer under this Agreement. Failure of City or District to obtain insurance shall in no way relieve Developer from any of its responsibilities under this Agreement. The provisions of this paragraph 3.h. shall be in addition to, and not in lieu of, indemnification insurance requirements imposed under any governmental approval or permit, or imposed by any financing mechanism participated in by Developer in connection with its obligations #28..
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under this Agreement. Developer shall also furnish or cause to be furnished evidence satisfactory to City that any contractor with whom it has contracted for the work carries Worker’s Compensation Insurance as set forth in the “General Provisions”.
i. Change Orders. Developer shall make any changes or alterations in the construction and installation of the Improvements as reasonably requested by the City’s Engineer provided that the combined total of such changes and alterations do not exceed 15% of the Engineer’s Estimate for all Improvements that is set forth in Exhibit “A” attached hereto and incorporated herein.
In the event that any changes or alterations are deemed necessary, the party requesting the change order shall provide the other parties to this Agreement with a written statement indicating the scope and reason for the change or alteration. Prior to making any change or alteration, City and Developer shall determine which party is responsible for payment of the extra costs, and shall mutually agree upon the additional cost, if any, for making said changes or alterations, and the method and means of payment for such changes or alterations. Said agreement shall be set forth in writing and signed by all affected parties. Developer will not be obligated to make, and City and District will be obligated to approve or pay for, any changes or alterations which are not approved in writing by the City’s Engineer.
j. Independent Contractor. In performing this Agreement, Developer is an independent contractor and not the agent or employee of City or District. Neither City nor District shall be responsible for making any payments to any contractor, subcontractor, agent, employee or supplier of Developer. Developer shall in all instances conduct itself as an independent contractor, and shall hold City and District harmless from any and all claims made against either or both of them. This covenant is entered into in the mutual understanding that pursuant to section 53314.9(b) of the Act, this Agreement can never constitute a debt or liability of City. k. Time for Completion of the Improvements. Developer agrees that this Agreement is for the benefit of City and Developer; and, therefore, Developer represents that it will complete the construction of the Improvements and request final reimbursement therefor under this Agreement on or before __________________________, subject to delays due to Force Majeure, as defined in paragraph 3.l. below. If during the performance of this Agreement, City determines that Developer is not proceeding with such diligence as to complete the Improvements within such period of time, Developer agrees to meet and confer with City as to options available to City to assure the timely completion of such Improvements. Such options, any of which may be taken in the discretion of City, may include, but not be limited to, the termination of this Agreement under paragraph 8(g), or its assignment by Developer to others under paragraph 8(e) subject to the approval of City, and, in any event, the payment of liquidated damages by Developer pursuant to Standard Specification procedures in the amount of FIVE HUNDRED AND 00/100 ($500.00) DOLLARS per day commencing on ____________________.
(1) Work on the Improvements shall in no event commence prior to receipt by Developer of a written Notice To Proceed from the City’s Engineer, which Notice shall not be given in the absence of all approvals required in paragraph 3., above. (2) Work on the facilities shall be completed by Developer on or before the date specified in City’s Notice To Proceed.
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l. Force Majeure. Notwithstanding anything in this Agreement to the contrary, the parties hereto shall not be liable to each other or any other party for any failure to perform, or delay in performance of that party’s obligations hereunder and the doing or performing of such act or thing shall be extended for the period of such delay, when such failure to perform or delay in performance is caused by an event of Force Majeure; provided, however, that the party whose performance is prevented or delayed by such event of Force Majeure shall give prompt written notice thereof to the other party. For purposes of this Section, the term “Force Majeure” shall include war, embargo, rebellion, riot, civil disturbance, earthquake, fire, flood, strike, lockout, labor unrest, vandalism, acts of governmental authorities, acts of God, acts of public enemy, terrorism, and in general, any other causes or conditions beyond the reasonable control of the parties. m. Dispute Resolution. All claims, controversies, or disputes arising out of, or relating to the formation of this Agreement, or the breach, termination, execution, enforcement, interpretation, or validity of this Agreement, including the determination of the scope or applicability of this contract provision, shall be determined by binding arbitration in Modesto, California by one arbitrator, except as otherwise specified in this Agreement. The American Arbitration Association shall administer the arbitration under its Construction Industry Arbitration Rules then in effect, subject to the modifications of those rules contained in this paragraph 3.m. This agreement to arbitrate shall be specifically enforceable under the prevailing law of any court having jurisdiction, and the award rendered by the arbitrator may be entered in any court having jurisdiction. The appropriate venue for any arbitration or court proceeding relating to or arising out of this provision shall be in Stanislaus County, California.
This paragraph 3.m. is not intended to and does not waive the claim filing requirements found in California Government Code section 900 et seq. In the event that a timely and legally sufficient, arbitrable claim is filed by Developer with City and/or District, and the claim is rejected in whole or in part by City and/or District, as the case may be, this paragraph 3.m. shall result in the conclusive, final, and binding resolution of all the issues presented in the claim by Developer so long as any issues presented by the claim are arbitrable. Claims rejected by City and/or District, as applicable, or by operation of law, shall be submitted by Developer to arbitration pursuant to the Construction Industry Arbitration Rules of the American Arbitration Association within ninety (90) days after mailing of the written rejection by City and/or District, as applicable, to Developer.
Otherwise, the claim or claims shall be deemed waived in their entirety.
The “fast track” rules of the American Arbitration Association shall apply to any claim or counterclaim less than ONE HUNDRED FIFTY THOUSAND AND 00/100 ($150,000.00) DOLLARS. In arbitration not proceeding under the “fast track” rules, the arbitrator shall have the power to order that depositions be taken and other discovery be made. City, District and Developer shall have the right, upon written notice, to take no more than three (3) depositions of the other as a matter of right in an arbitration proceeding under the “fast track” rules.
Whether or not City, District and Developer may be engaged in interstate commerce, any controversy or dispute mentioned above shall be determined by, and the parties shall be bound by, the substantive law of the State of California, and not the Federal Arbitration Act at 9 USC Section 1 et seq.
The arbitrator may grant any remedy or relief deemed by the arbitrator just and equitable under the circumstances, whether or not such relief could be awarded in a court of law.
The arbitrator shall be empowered to award monetary sanctions against a party for failure of #28..
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cooperation in the arbitration. The arbitrator shall, in the written award, allocate all the costs of the arbitration, including the fees of the arbitrator and the reasonable attorney fees of the prevailing party, against the party who did not prevail. The prevailing party shall be the party in whose favor the majority of the central issues in the case are resolved.
Notwithstanding anything in this provision to the contrary, the arbitrator shall have no power to award punitive damages or other damages not measured by the party’s actual damages (excluding litigation costs and fees) against any party. This limitation of the arbitrator’s powers under this Agreement shall not operate as an exclusion of the issue of punitive damages from this Agreement sufficient to vest jurisdiction in a court with respect to that issue.
Developer shall include in all contracts and subcontracts a specification whereby the contractor or subcontractor consents to being joined in an arbitration between City and/or District and Developer involving the work of the subcontractor to be joined. Developer’s failure to do so shall be a breach of this Agreement.
The parties to any contract of which this paragraph 3.m. is made a part by reference otherwise shall, and hereby do, waive any rights provided by Title 9.2 of the California Code of Civil Procedure, Section 1296. The arbitrator’s award shall be deemed final, conclusive and binding to the fullest extent allowed by California law.
4. Payment/Reimbursement for the Improvements.
a. Final Inspection and Acceptance. No reimbursement shall be made by City or District to Developer for any Improvement until it has been inspected and accepted for public use on behalf of the public by City. Developer shall request final inspection using applicable procedures, and City shall cause the final inspection to be made within fifteen (15) business days from the date of actual receipt of the request by the City’s Engineer. The City’s Engineer shall notify Developer in writing of the results of the inspection within fifteen (15) business days from the date of such inspection. Within fifteen (15) business days after the City’s Construction Administration Office has certified that an Improvement is complete and ready for acceptance, City will initiate the process for formal acceptance by City; provided, however, that if an Improvement is only a portion of the improvements required to be constructed in connection with a specified development, then City will not initiate the formal acceptance process until fifteen (15) business days after the City’s Construction Administration Office certifies that all of the improvements required for the development are complete and ready for acceptance.
b. Request for Payment. The request for payment by Developer shall be substantially in the form attached as Exhibit “B” hereto, or as otherwise acceptable to the City’s Engineer, and shall include such supporting documentation to substantiate the request as the City’s Engineer may require. Within fifteen (15) business days of receipt of any such request, the City’s Engineer shall review the request and advise Developer in writing of its acceptance or its denial, in whole or in part, setting forth the reasons for denial. Developer shall be entitled to resubmit any such request or portion thereof so denied if it is able to address the reasons for the payment denial. In the event of final denial by the City’s Engineer, Developer agrees that its sole appeal shall be to the City Council, whose decision shall be final and binding on the parties. For requests for payment, the following conditions shall apply:
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i. Improvements are Complete and Accepted. City shall not make any reimbursement to Developer for an Improvement to be acquired until it is completed in accordance with approved plans and specifications and approved contracts and change orders, and formally accepted by City. Any Improvement to be acquired by City must be in such condition that it is ready for use by City as determined by the City’s Engineer, based on current, applicable City standards.
Accordingly, District Administrator will execute and file a Notice of Completion based upon the City’s Engineer’s final determination, after the Improvements have been formally accepted by City in accordance with paragraph 4.a., above.
ii. Substantiation of Improvements. Developer shall provide any documentation substantiating the construction and completion, and Developer’s costs for constructing the Improvement as may be reasonably requested by the City’s Engineer. iii. Payment of Claims. Developer shall provide, in a form satisfactory to City’s Engineer, evidence that all of the costs for constructing the Improvement have been fully paid, including all lien claims, or that lien releases have been obtained. If required by, and in forms acceptable to the City’s Engineer, Developer shall provide unconditional lien releases under California Civil Code section 8134 if for progress payment and section 8138 if for final payment. to assure that payment of outstanding claims of Developer’s contractors, subcontractors and suppliers has been made.
iv. As-built Drawings and Warranty Security. Developer shall provide as-built drawings or equivalent plans and specifications in a form acceptable to the Development Services Division of City. Developer shall also provide a warranty security in accordance with paragraph 3.g., above.
v. Purchase Price. The amount to be paid to Developer by City for an Improvement (hereafter the “Purchase Price”) shall be determined only after the City’s Engineer confirms completion of the criteria of paragraphs 4.a. and 4.b.(i)-(iv) above. The Purchase Price of an Improvement will be the lesser of (a) the amount of Bond and/or Special Facilities Tax proceeds available for the acquisition of the Improvement or (b) Developer’s substantiated costs related to the Improvement, including, but not limited to, related costs of engineering, surveying, environmental compliance, preparation of plans, specifications, contracts, acquisitions of land, rights of way, easements, licenses, franchises, permits and related project administration, but shall not include costs attributable to Developer’s overhead, interest payments paid or owing by Developer, or other carrying costs for the Improvement prior to its acquisition by City pursuant hereto. As suggested by the foregoing, individual components of the Purchase Price including, but not limited to, plans and specifications and land, rights of way and easements will not be acquired separately, but only as a part of the Improvement to which they relate.
vi. Non-governmental Improvements. No payment or reimbursement shall be made for any non-governmental improvement (e.g. those to be conveyed to regulated public utility companies, homeowner’s associations, etc.) or any incidental expenses related thereto, except for utility improvements approved by City.
vii. Summary of Tax Financed Reimbursement. It is anticipated that infrastructure will be financed by the sale of Bonds and/or by taxes paid on a one-time basis as development occurs and that Developer will be paid for Improvements in cash. Subject to each of the relevant conditions specified in paragraphs 4.a. and 4.b.(i) – 4.b.(vi) above, payment for #28..
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Improvements will be solely in the form of cash payments. Except in the case of reimbursements to Developer from the Costs of Issuance Fund described in paragraph 5, below, such payments may only be made with moneys in the Project Fund or to the limit of the Special Facilities Tax allocated for such payment, based on the Priority List established by the City Council and amended from time to time, and in no event shall any amount owed to Developer or substantiated by Developer in excess of the moneys in the Project Fund and/or the applicable Special Facilities Taxes owed or to be owed by Developer become a debt of City or District or of any of their respective officers or employees.
The sole exceptions to this “excess cost” limit shall be where City requests oversizing or provision of facilities such that their total cost exceeds the total facilities tax Developer is or will be obligated to pay and for any change order which has been issued and approved in accordance with paragraph 3.i., above. In these cases, City will consider appropriate methods of recovering such costs from the properties benefited thereby and reimbursing Developer if and to the extent that funds are available from such properties for that purpose.
5. Other Reimbursements to Developer.
It is recognized that certain incidental expenses, such as costs incurred in connection with the formation of District and the issuance of the Bonds which have been advanced by Developer, may be reimbursed to Developer pursuant to the applicable provisions of the Indenture from moneys in the Project Fund or the Costs of Issuance Fund established under the Indenture and/or pursuant to the terms of the Special Facilities Tax and subject to the availability of Special Facilities Tax moneys.
6. Ownership and Transfer of the Improvements.
a. Transfer of Ownership:
i. Land. For purposes hereof, the term “Land” includes fee simple title or such lesser real property interests (including easements and/or rights of way) as City determines are necessary or convenient to the Improvements to be acquired. Developer agrees to execute and deliver, or cause to be executed and delivered, to City the documents required to complete the transfer of such Land, free and clear of all liens, taxes, assessments, easements, leases, or other encumbrances (whether recorded or not), except for those which District Administrator determines in writing will not interfere with the intended use of the Land or the Improvements. Completion of the transfer of title to the Land shall be evidenced by recordation of title in City’s name by District Administrator.
ii. Improvements Constructed on Private Property. If any Improvement is to be constructed on private property, Developer shall retain title to the Land and the completed Improvement until acceptance by City under paragraphs 4.a. and 4(b)(i) above, which shall apply to the transfer. Pending the completion of the transfer, Developer shall be responsible for maintaining the Land and any such Improvement in good and safe condition. iii. Improvements. Upon satisfaction of the other conditions set forth in this Agreement and City’s receipt of an appropriate instrument of conveyance conveying title to an Improvement to City, executed and delivered to City, which instrument is acceptable to District Administrator the Improvement may be accepted in accordance with paragraphs 4.a. and 4.b.i. above. #28..
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b. Improvements Constructed on City Property. If any Improvement is to be constructed on property owned by City, City will not unreasonably refuse to grant to Developer a license to enter upon such property for purposes related to the construction and maintenance (prior to acceptance by City) of such Improvement. The provisions for inspection and acceptance of such Improvement otherwise provided herein shall apply.
c. Warranties; Maintenance. Developer hereby warrants all of the Improvements as to materials and workmanship; and should any failure of the Improvements or any part thereof occur within a period of one (1) year after their final acceptance by City, Developer shall promptly cause the needed repairs to be made without any expense or cost to City or District and without further reimbursement from City or District.
i. City Repairs. City is hereby authorized to make repairs if Developer fails to make, or undertake with due diligence, the aforesaid repairs within twenty (20) days after it is given written notice of such failure. In case of emergency where, in the opinion of the City’s Engineer, delay would cause serious hazard to the public, the necessary repairs may be made by City without prior notice to Developer. In all cases of failure of the Improvements within the warranty period where City has taken action in accordance with this paragraph 6, Developer shall reimburse City for any and all costs or expenses, direct and indirect, incurred by City. ii. Third Party Warranties. Any warranties, guarantees or other evidences of contingent obligations of third persons with respect to the Improvements shall be delivered to District Administrator as part of the conveyance of the Improvements.
7. Limitation of Liability; Excess Costs.
a. City and District Obligations Limited. Developer agrees that any and all obligations of City and District arising out of or related to this Agreement are special and limited obligations; and obligations, if any, to make payments or reimbursements hereunder, and are restricted entirely to cash reimbursement from the Project Fund and the Costs of Issuance Fund, if any, and/or from reimbursement from Special Facilities Tax moneys, and from no other source. No officer, employee or agent of City or District shall incur any liability arising out of this Agreement to the Developer or any other party in their individual capacities by reason of their actions hereunder or the execution hereof.
b. Indemnification and Hold Harmless. Developer shall assume the defense of, indemnify and save harmless City and District and their respective officers, directors, employees and agents, and each and every one of them, from and against all third-party actions, damages, claims, losses or expenses of every type and description to which they may be subjected or put, including payment of attorneys’ fees and costs, by reason of, or arising out of, this Agreement, Developer’s design, engineering and construction of the Improvements, if any, Developer’s non-compliance with all local, state and federal statutory requirements during the construction of the Improvements, including but not limited to, requirements relating to payment of prevailing wage, licensing of contractors and subcontractors, and public bidding, and any claims of persons employed by Developer to construct the Improvements. No provision of this Agreement shall in any way limit the extent of the responsibility of Developer for payment of damages resulting from the operations of Developer or its contractors, nor shall the existence of any policy of insurance in any way limit Developer’s indemnity obligation hereunder. The obligations contained in this paragraph 7.b. shall survive termination of this Agreement.
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8. Miscellaneous.
a. Audit. District Administrator and the City’s Engineer shall have the right to review all books and records of Developer pertaining to costs and expenses incurred by Developer in constructing the Improvements, including but not limited to any contracts, subcontracts, change orders, invoices and payroll records.
b. 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:
Developer:
City: City Manager
City of Modesto
P.O. Box 642
Modesto, California 95353
Phone: 209-577-5211
Facsimile: 209-571-5128
District: Infrastructure Financing Program, Administrator City of Modesto
P.O. Box 642
Modesto, California 95353
Phone: 209-577-5211
Facsimile: 209-571-5128
Each party may change its address for delivery of notice by delivering written notice of such change of address to the other party.
c. Hazardous Materials.
(1) Developer and those subject to Developer’s control, shall not use, generate, manufacture, store or dispose of on, under or about City’s facilities or property, or transport to, from or across City’s facilities or property, any flammable, explosive or radioactive material, toxic substance, hazardous waste, hazardous material, hazardous substance, or the equivalent, as those terms may now or in the future be defined by common practice or by any federal, state or local statute, ordinance or regulation or any governmental body or agency (hereinafter “Hazardous Substance”). Exception: appropriate and lawful use of petroleum products in Developer’s vehicles and machinery.
(2) Without limiting any remedies City may have, in the event any escape disposal, release, discharge or spill of a Hazardous Substance or other contamination (collectively an “Occurrence”) occurs within City’s facilities or property, Developer shall immediately notify City and take all action to mitigate the effects of such Occurrence, to the extent such Occurrence is #28..
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attributable to or caused by Developer or its agents, employees, representatives or contractors.
Furthermore, to the extent such Occurrence is attributable to or caused by Developer or its agents, employees, representatives or contractors, Developer shall (at Developer’s own expense), unless otherwise directed by City, remediate such Occurrence to City’s reasonable satisfaction and in compliance with all applicable laws, rules and regulations. City shall have the option to perform the remediation themselves or through any contractor, and Developer shall cooperate with City to complete the remediation and shall reimburse City, as the case may be, for all reasonable costs and expenses incurred in connection with the remediation of an Occurrence to the extent such Occurrence is attributable to or caused by Developer or its agents, employees, representatives or contractors, their operations or security provisions.
(3) In the event Developer observes any material Developer believes or has reason to believe may be a Hazardous Substance or encounters any unknown physical condition of any unusual nature in or on City’s facilities or property, other than disposal, releases, discharges, spills or contamination covered in paragraph 8.c.(2) above, Developer shall, without disturbing the condition, immediately notify City. City may investigate the condition and take any clean-up or other remedial action City deems necessary in their sole discretion. (4) In the event City or its contractor elects to perform remediation work, City will notify Developer when the condition has been resolved, at which time, but not before, Developer may resume earth removal and construction in accordance with this Agreement. (5) As a supplement to other indemnity protections provided to City or District by Developer in this Agreement, Developer agrees to assume liability for and to defend and hold harmless City and District from and against any and all injuries or death to any person and damage to any property, and all related expense, including without limitation reasonable attorneys’ fees, investigators’ fees, litigation expenses and any judgments, fines, penalties or other charges assessed against City or District resulting from Developer’s failure to comply with this paragraph
8.c., and any laws, rules or regulations concerning the subject matter hereof. The provisions of this paragraph 8.c.(5), shall survive the expiration and termination of this Agreement. d. Severability. If any part of this Agreement is held to be illegal or unenforceable by a court of competent jurisdiction or by an arbitrator, the remainder of this Agreement shall be given legal effect to the fullest extent practicable. e. Successors and Assigns. This Agreement shall be binding upon and inure to the benefit of the successors and assigns of the parties. This Agreement may not be assigned by Developer without the prior written consent of City. In connection with any such consent of City, City may condition its consent upon the acceptability of the financial condition of the proposed assignee and upon any other factor which City deems relevant in the circumstances in its sole discretion, which discretion shall be absolute.
f. Waiver. Failure by a party to insist upon the strict performance of any of the provisions of this Agreement by the other party, or the failure by a party to exercise its rights upon the default of the other party, shall not constitute a waiver of such party’s right to insist on and demand strict compliance by the other party with the terms of this Agreement thereafter. #28..
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g. Termination.
(1) Mutual Consent. This Agreement may be terminated by the mutual, written consent of City, District and Developer, in which event City may, but shall not be obligated to, let contracts for any remaining work related to the Improvements listed in Exhibit “A” not theretofore acquired from Developer hereunder, and use all or any portion of the moneys which could otherwise be reimbursed to Developer to pay for such remaining Improvements, and Developer shall have no claim or right to any reimbursement for any work in progress at the termination date except as otherwise may be provided in such written consent. (2) City Election for Cause. The following events shall constitute grounds for City, at its option, to terminate this Agreement, without the consent of Developer. (i) Developer shall voluntarily file for reorganization or other relief under any Federal or State bankruptcy or insolvency law. (ii) Developer shall have any involuntary bankruptcy or insolvency action filed against it, or shall suffer a trustee in bankruptcy or insolvency or receiver to take possession of the assets of Developer, or shall suffer an attachment or levy of execution to be made against the property it owns within District unless, in any of such cases, such circumstance shall have been terminated or released within sixty (60) days thereafter. (iii) Developer shall abandon construction of the Improvements.
Failure for a period of three (3) consecutive months to undertake substantial work related to the construction of the Improvements following City’s approval of the improvement plans and specifications shall constitute a noninclusive example of such abandonment. For purposes hereof, Developer shall be deemed to have abandoned the construction of the Improvements if it fails, for a period of six (6) months from the date hereof, to commence actual construction thereof, unless such failure is excused due to Force Majeure, as set forth in paragraph 3.l. above. (iv) Developer shall breach any material covenant or default in the performance of any material obligation hereunder.
(v) Developer shall transfer any of its rights or obligations under this Agreement without the prior written consent of City. (vi) Developer shall have made any material misrepresentation or omission in any written materials furnished in connection with the completion of Developer’s CFD application package or in the submission of any information required pursuant to this Agreement. (vii) Developer or any of its successors or assigns shall at any time challenge the validity of District, the Bonds, the special tax lien, or the levy of any special tax within District.
(viii) Developer shall fail to complete the Improvements as contemplated in this Agreement.
If any such event occurs, City shall give written notice of its knowledge thereof to Developer; and, if requested to do so by City, Developer shall meet and confer with #28..
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District Administrator and other appropriate City staff and consultants as to options available to assure timely completion of the Improvements. Such options may include, but not be limited to the termination of this Agreement by City. If City elects to terminate this Agreement, City shall first notify Developer (and any mortgagee or trust deed beneficiary specified in writing by Developer to City to receive such notice) of the grounds for such termination and allow Developer a minimum of thirty (30) days to eliminate or mitigate to the satisfaction of District Administrator the grounds for such termination. Such period may be extended, at the sole, absolute, discretion of City, if Developer, to the satisfaction of City, is proceeding with diligence to eliminate or mitigate such grounds for termination. If at the end of such period (and any extension thereof), as determined solely by City, Developer has not eliminated or completely mitigated such grounds, to the satisfaction of City, City may then terminate this Agreement. h. Entire Agreement. This Agreement constitutes the entire agreement between the parties with respect to the matters provided for herein. i. Amendments. Amendments to this Agreement shall be made only by written instrument executed by both of the parties hereto.
j. Assumption of Risk. Developer, and its authorized representatives, shall enter any parcel for construction of the Improvements and perform the work on that parcel at their own risk and subject to whatever hazards exist on that parcel. Before entering upon the parcel to do any work under this Agreement, Developer shall make, or cause its contractors and subcontractors to make, a thorough inspection of the site for the purpose of locating conditions which might be hazardous to the safety of those entering upon the parcel. Developer shall take, or cause its contractors and subcontractors to take, whatever steps may be necessary to eliminate such hazards and to make them known to persons entering upon the parcel. k. No Interests in Real Property. Developer shall not obtain any interest whatsoever in any real property by virtue of this Agreement or by virtue of the work upon any parcel.
Developer’s rights and obligations relating to any parcel owned by City shall be those set forth herein.
l. Other Agreements. Nothing in this Agreement is intended to supersede, terminate, modify or otherwise affect any provision of any other agreement currently existing between Developer and City except to the extent that a provision of this Agreement is directly contradictory to a provision of such agreement. Then, and in that event, the provisions of this Agreement shall prevail over the provisions of any such agreement to the contrary. However, the execution of this Agreement by the parties hereto shall in no way otherwise affect the validity of any or all of the provisions of any such other agreement.
m. No Joint Venture. Nothing in this Agreement is intended or shall be construed as creating or establishing the relationship of copartners or joint venturers between the parties hereto, or as constituting Developer as an agent or representative of City for any purpose or in any manner whatsoever.
n. Waiver. Any waiver of any breach of covenants or conditions contained in this Agreement by either party shall be effective only if in writing and shall not be deemed or considered as a continuing waiver shall not constitute a waiver of any other conditions or covenants #28..
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and shall not operate to bar or prevent the other party from declaring a forfeiture or exercising its rights for any succeeding breach of either the same or other condition or covenant. o. Limited Obligation. The parties to this Agreement understand and intend that any obligation of City or District to reimburse Developer shall be limited to the assets and revenues of City or District that are specified herein as a source of payment to Developer; and this Agreement shall not in any way be construed to be a debt of City or District, nor shall anything contained herein be construed as a pledge of the general tax revenues, funds or other money of City. City has not pledged any asset or revenue of, or the full faith and credit of City, or any agency or department of the City, to any reimbursement that may be due under this Agreement. p. Governing Law. The parties hereto acknowledge that this Agreement has been negotiated and entered into in the State of California, and shall be construed and enforced in accordance with its laws. Venue for any action with respect to this Agreement shall be in Stanislaus County, California.
q. Language Construction. The language of each and all paragraphs, terms and/or provisions of this Agreement shall, in all cases and for any and all purposes, be construed as a whole according to its fair meaning, and not for or against any party hereto and with no regard whatsoever to the identity or status of any person or persons who drafted all or any portion of this Agreement.
r. Titles of Parts and Sections. Any titles of the sections or subsections of this Agreement are inserted for convenience of reference only and shall be disregarded in interpreting any part of Agreement’s provisions.
s. Discretion of City. City’s execution of this Agreement in no way limits the discretion of City in the permit and approval process in connection with any construction or improvements which are within City’s jurisdiction.
t. No Third Party Beneficiaries. No person or entity shall be deemed to be a third party beneficiary hereof; and nothing in this Agreement (either express or implied) is intended to confer upon any person or entity, other than City and District (and their respective officers, directors, employees and agents providing services under this Agreement) and Developer, any rights, remedies, obligations or liabilities or by reason of this Agreement. u. Representations of Authority. Each person is signing this Agreement on behalf of a party which is not a natural person hereby represents and warrants to the other party that all necessary legal prerequisites to that party’s execution of this Agreement have been satisfied and that he or she has been authorized to sign this Agreement and bind the party on whose behalf he or she signs.
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IN WITNESS WHEREOF, the City of Modesto, a municipal corporation, has authorized the execution of this Agreement in duplicate by its City Manager and attestation by its City Clerk under authority of Resolution No. 202X-___________, adopted by the Council of the City of Modesto on the ____ day of ___________________, 202X and Developer has caused this Agreement to be duly executed in duplicate as of the effective date.
CITY OF MODESTO:
By: _______________________________
____________________, City Manager &
District Administrator
____________________________
By:
Name:
Title:
SEAL
APPROVED AS TO FORM:
ADAM U. LINDGREN, City Attorney
By: _______________________________
Jose Sanchez,
Assistant City Attorney
By:
Name:
Title:
Federal Tax ID #
APPROVED AS TO FORM:
By:
__________, Risk Manager
Certificate of Acknowledgment pursuant to Civil Code Section 1189, must be attached.
Signature Requirements
* Corporation – signature of two officers or one (1) officer plus the corporate seal
* Partnership - signature of one partner
* Sole Proprietorship - signature of proprietor
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1 Recording Requested by:
City of Modesto
When Recorded Return to:
City of Modesto
Attention: City Clerk
1010 10th Street
Modesto, CA 95353
File No.:
SPACE ABOVE THIS LINE FOR RECORDER'S USE
SUBDIVISION AGREEMENT – The Crossings Phase I
This Agreement is made and entered into in the City of Modesto, County of Stanislaus, State of California, as of this _______ day of ______________________, 2025, by and between the CITY OF MODESTO, a municipal corporation of the State of California, ("CITY"), on the one hand, and D.R. HORTON BAY, INC., A DELAWARE CORPORATION (SUBDIVIDER).
This Agreement is made with reference to the following recitals:
A. The SUBDIVIDER is possessed of a tract of land being a division of parcel one and two recorded in DOC #2024-0020750, Stanislaus County Records, consisting of 29.94 acres, lying in the CITY of Modesto, County of Stanislaus, commonly known as The Crossings Phase I Subdivision ("SUBDIVISION").
B. A tentative map (TSM 22-002) of said subdivision was approved by the CITY Council Resolution on the 23rd day of January 2024, by Resolution No. 2024-24 and subject to conditions contained therein.
C. The final map FM2024-00317 of the SUBDIVISION has been approved by the Secretary of the CITY Planning Commission and the CITY Engineer.
D. Section 4-4.604(c) of the Modesto Municipal Code, regulating the subdivision of #28..
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2 land in the CITY, requires that the SUBDIVIDER shall execute and file an agreement between itself and the CITY relating to the improvements to be made in the SUBDIVISION ("IMPROVEMENTS"), prior to the approval by the CITY Council of the final map.
E. The SUBDIVIDER has requested the City to approve and record the final map for Phase 1, commonly referred to as The Crossings Phase 1 (“FINAL MAP”).
NOW, THEREFORE, in consideration of the mutual covenants, promises and agreements herein contained, the parties hereto mutually agree as follows:
1. It is intended and determined that the provisions of this Agreement shall constitute covenants which shall run with the SUBDIVISION and the benefits and burdens hereof shall bind and inure to all successors in interest to the parties hereto.
2. A. IMPROVEMENTS. TIME LIMIT. The SUBDIVIDER agrees to cause all the IMPROVEMENTS to be made and constructed in the FINAL MAP of the SUBDIVISION to fully comply with the requirements of the Modesto Municipal Code and the Subdivision Map Act of the State of California, according to the improvement plans prepared by Siegfried Engineering Inc. as is related to The Crossings Phase I Subdivision, comprised of 39 sheets of civil improvement and 36 sheets of Landscaping Improvements dated May 16, 2025 and approved by the CITY Engineer on 20th day of May 2025 and any changes or alterations in such work required by the CITY Engineer, and to pay for any materials, provisions, provender or other supplies used in, upon, for or about the performance of said work, or for any work or labor done thereon of any kind, or for any amounts due under the Unemployment Insurance Act with respect to such work or labor. The SUBDIVIDER agrees to complete said work on or before twenty-four (24) months from the date of the recording of the final map of the SUBDIVISION; provided, however, that the CITY Manager is #28..
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hereby authorized to extend the time within which said improvements shall be completed for additional periods not to exceed six (6) months each if he is of the opinion that granting the extension will not be detrimental to the public welfare. No such extensions shall be made except upon the basis of a written application made by the SUBDIVIDER, stating fully the grounds of the application and the facts relied upon them for such an extension. In the event that the SUBDIVIDER shall fail to complete such work within said time, the CITY may complete the same and recover the full cost and expense thereof from the SUBDIVIDER.
B. PUBLIC FACILITIES. The SUBDIVIDER warrants that the
SUBDIVIDER has previously taken all actions reasonably necessary to secure, establish the Village One Triangle Community Facilities District No. 2025-2, a CITY Mello-Roos Community Facilities District ("CFD") for the Village One Specific Plan ("SPECIFIC PLAN") for the capital improvements and ongoing maintenance set forth in the Specific Plan. If said CFD has been established for the Specific Plan, the SUBDIVIDER has taken all actions reasonably necessary to annex the SUBDIVISION to said CFD, which has actually resulted in annexation of the SUBDIVISION to said CFD at the tax rate for the zone of said CFD to which the SUBDIVISION has been ultimately annexed; or alternatively, complete annexation did not occur and the SUBDIVIDER has provided a funding mechanism for said capital improvements and ongoing maintenance to the same general standard as other similar capital improvements and ongoing maintenance financed by said CFD which has been approved by the CITY.
3. INSPECTIONS. REIMBURSEMENT OF COSTS. The CITY Engineer shall inspect all of the IMPROVEMENTS made in the SUBDIVISION to see that they comply with the CITY subdivision regulations, and the SUBDIVIDER shall reimburse the CITY for the cost of #28..
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such inspections prior to acceptance of the SUBDIVISION; provided, however, that on or before December 31st of each year, the CITY shall invoice the SUBDIVIDER for the cost of inspection for any improvements inspected during the prior year, and the SUBDIVIDER shall pay the full amount stated in the invoice within thirty (30) days of the date of said invoice.
4. SECURITIES. The SUBDIVIDER shall file with this agreement two (2) improvement securities as set forth in Section 4-4.605(b) of the Modesto Municipal Code, each to be in an amount based upon the total estimated cost of the IMPROVEMENTS as determined by the CITY Engineer. One improvement security shall secure faithful performance of this agreement as required by Section 66499.3(a) of the Government Code of the State of California and shall be in an amount equal to one hundred percent (100%) of the estimated cost of the IMPROVEMENTS. The second improvement security shall, as required by Section 66499.3(b) of the Government Code of the State of California, secure the obligations set forth in Title 15 (commencing with Section 3082) of Part 4 of Division 3 of the Civil Code of the State of California for payment to the contractor, his subcontractors and to persons renting equipment or furnishing labor or materials to them for said improvement, and shall be in an amount equal to fifty percent (50%) of the total estimated cost of the IMPROVEMENTS. SUBDIVIDER shall secure and maintain improvement securities until said IMPROVEMENTS have been completed and accepted by City's Council, unless otherwise agreed by CITY in writing.
The SUBDIVIDER shall file with this agreement a Guarantee and Warranty Security as set forth in Section 4-4.605(e) of the Modesto Municipal Code in the amount of ten percent (10%) of the estimated cost of the IMPROVEMENTS to guarantee and warrant the IMPROVEMENTS for a period of one (1) year following the completion and acceptance thereof by City Council against any #28..
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defective work or labor done, or defective materials furnished.
Any bond(s) shall be executed by a surety company authorized to transact a surety business in the State of California. The required securities shall be approved by the Director of Finance as to sufficiency and by the CITY Attorney as to form. In the event that any security required by this Paragraph 4 is not renewed or maintained, or otherwise lapses or expires, prior to completion of the IMPROVEMENTS, SUBDIVIDER shall notify CITY, in writing by personal delivery or certified mail, return receipt requested, of said lapse or expiration at least thirty (30) calendar days prior to the last effective date of said security. At least ten (10) calendar days prior to the lapse or expiration of said security, SUBDIVIDER shall renew said security or secure alternative security sufficient to satisfy SUBDIVIDER's duties and obligations under this Paragraph 4, in a form approved by the City Attorney. Should SUBDIVIDER fail to (a) renew or maintain security, (b) give notice prior to the lapse or expiration of said security, or (c) otherwise comply with any provision in this Paragraph 4, CITY may, in its sole discretion, deem any such failure to be a material breach of this Agreement and/or may immediately terminate this agreement.
5. HOLD HARMLESS. The SUBDIVIDER shall defend, indemnify, and hold harmless the CITY and its agents, officers, and employees from any claim, action, or proceeding against the CITY and its agents, officers, or employees to attack, set aside, void, or annul, an approval of the CITY or its advisory agency, appeal board, or legislative body concerning the SUBDIVISION, which action is brought within the time period provided for in Section 66499.37 of the Government Code of the State of California. The CITY shall promptly notify the SUBDIVIDER of any claim, action, or proceedings and shall cooperate fully in the defense.
6. SUCCESSORS AND ASSIGNS. This agreement shall inure to the benefit of and #28..
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be binding upon the successors and assigns of the respective parties hereto.
7. 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.
8. WAIVER. Any waiver by CITY of any obligation or condition in this Agreement must be in writing. No waiver will be implied from any delay or failure of CITY to take action on any breach or default of SUBDIVIDER or to pursue any remedy allowed under this Agreement or applicable law. Consent by CITY to any act or omission by SUBDIVIDER shall not be construed to be a consent to any other or subsequent act or omission or to waive the requirement for CITY's written consent to future waivers.
9. HEADINGS NOT CONTROLLING. Headings used in this Agreement are for reference purposes only and shall not be considered in construing this Agreement.
10. LANGUAGE CONSTRUCTION. The language of each and all paragraphs, terms and/or provisions of this Agreement, shall, in all cases and for any and all purposes, and in any way and all circumstances whatsoever, be construed as a whole, according to its fair meaning and not for or against any party hereto and with no regard whatsoever to the identity or status of any person or persons who drafted all or any portion of this Agreement.
11. THIRD PARTY BENEFICIARIES. There shall be no third party beneficiaries to this Agreement.
#28..
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7/17/2025 7
The Crossings Phase 1, Agreement - Improvements Not Completed Annexation to CFD not completed
IN WITNESS WHEREOF, the City of Modesto, a municipal corporation, has authorized the execution of this agreement in duplicate by its City Manager and attestation by its City Clerk under authority of Resolution No. __________, adopted by the Council of the City of Modesto on the _______ day of _________________, 2025, and the SUBDIVIDER has caused this agreement to be executed.
#28..
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7/17/2025 8
The Crossings Phase 1, Agreement - Improvements Not Completed Annexation to CFD not completed
CITY:
CITY OF MODESTO,
a California municipal corporation
By: ________________________________
JOSEPH LOPEZ
City Manager
SUBDIVIDER:
D.R. Horton Bay, Inc.
a Delaware Corporation
By:
Name:
(Please Print)
Title:
Date:
ATTEST:
By:
DIANE NAYARES-PEREZ
City Clerk
By:
Name:
(Please Print)
Title:
Date:
APPROVED AS TO FORM:
By:
JOSE M. SANCHEZ
City Attorney
(SEAL)
APPROVED AS TO SUFFICIENCY:
By:
TOBY WELLS
City Engineer
* Corporations - signature of two (2) officers required or one (1) officer plus corporate seal.
Partnership - signature of a partner required
Sole Proprietorship - signature of proprietor required
LLC – signature of proprietor or partner required
#28..
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OWNER'S STATEMENT: WE, THE UNDERSIGNED, HEREBY STATE THAT WE ARE THE OWNERS OF, OR HAVE SOME RIGHT, TITLE, OR INTEREST OF RECORD IN THE LAND SHOWN ON THIS MAP, AND WE CONSENT TO THE MAKING AND FILING OF THIS MAP, IN THE OFFICE OF THE COUNTY RECORDER OF STANISLAUS COUNTY, CALIFORNIA. WE OFFER FOR DEDICATION TO THE PUBLIC THE REAL PROPERTY DESCRIBED BELOW AS EASEMENTS FOR PUBLIC PURPOSES: FOR ROAD RIGHTS-OF-WAY; BRYANT STREET, CECIL RIDGE DRIVE, DOUG MCCULLOUGH LANE, EAST MERLE AVENUE, EWERT AVENUE, JOHN GEORGE DRIVE, NICASIO SR LANE, PIERCE DRIVE, PRINCE CHARLIE COURT, SEAGRAVE WAY, WALLACE COURT, WHITEHEAD WAY; THE 10-FOOT-WIDE PUBLIC UTILITY EASEMENTS AND THE 10-FOOT-WIDE PLANTING EASEMENTS LYING ADJACENT TO AND ABUTTING THE ABOVE REFERRED TO RIGHTS-OF-WAY, ALL OF WHICH LIE WITHIN THE LANDS BEING DIVIDED AND AS ILLUSTRATED ON THIS MAP. WE ALSO OFFER FOR DEDICATION TO THE PUBLIC FOR PUBLIC USE IN FEE: LOTS A AND B FOR LANDSCAPE AND PUBLIC UTILITY PURPOSES; LOT C AS A DUAL-USE STORM BASIN; AND LOTS D, E, AND F AS PEDESTRIAN PASEOS. OWNER: D.R. HORTON BAY, INC., A DELAWARE CORPORATION. DATED THIS ______ DAY OF _________________, 2025 ___________________________________ BY: 3 4 2 8 B r o o k s i d e R o a d , S t o c k t o n , C a l i f o r n i a 9 5 2 1 9 2 0 9 - 9 4 3 - 2 0 2 1 w w w . s i e g f r i e d e n g . c o m F x : 2 0 9 - 9 4 2 - 0 2 1 4 CIVIL ENGINEERING STRUCTURAL ENGINEERING SURVEYING PLANNING SURVEYOR'S STATEMENT: THIS MAP WAS PREPARED BY ME OR UNDER BY DIRECTION AND IS BASED UPON A FIELD SURVEY IN CONFORMANCE WITH THE REQUIREMENTS OF THE SUBDIVISION MAP ACT AND LOCAL ORDINANCE AT THE REQUEST OF D.R. HORTON BAY, INC. INJULY OF 2021. I HEREBY STATE THAT ALL THE MONUMENTS ARE OF THE CHARACTER AND OCCUPY THE POSITIONS INDICATED OR THAT THEY WILL BE SET IN THOSE POSITIONS ON OR BEFORE DECEMBER 31, 2025 AND THAT THE MONUMENTS ARE SUFFICIENT TO ENABLE THE SURVEY TO BE RETRACED, AND THAT THIS FINAL MAP SUBSTANTIALLY CONFORMS TO THE CONDITIONALLY APPROVED TENTATIVE MAP. DATED THIS _________________ DAY OF _______________________________ , 202___. __________________________ KEVIN J. GENASCI P.L.S. 8660 CITY SURVEYOR'S STATEMENT: I HEREBY STATE THAT I HAVE EXAMINED THIS FINAL MAP AND I AM SATISFIED THAT THIS MAP IS TECHNICALLY CORRECT. DATED THIS _________________ DAY OF _______________________________ , 202___. _____________________________ DANIEL R. HAAKMA, P.L.S. 9328 CITY LAND SURVEYOR, CITY OF MODESTO CITY ENGINEER'S STATEMENT: THIS IS TO CERTIFY THAT I HAVE EXAMINED THE ACCOMPANYING FINAL MAP; THAT THE SUBDIVISION AS SHOWN IS SUBSTANTIALLY THE SAME AS IT APPEARED ON THE TENTATIVE MAP, AND ANY APPROVED ALTERATIONS THEREOF; THAT ALL PROVISIONS OF THE SUBDIVISION MAP ACT AND OF THE MUNICIPAL CODE, AND ANY AMENDMENTS THERETO, APPLICABLE AT THE TIME OF APPROVAL OF THE TENTATIVE MAP HAVE BEEN COMPLIED WITH. DATED THIS _________________ DAY OF _______________________________ , 202___. __________________________ TOBY WELLS, R.C.E. 57728 CITY ENGINEER, CITY OF MODESTO TPM 22-002, CITY OF MODESTO COUNCIL RESOLUTION NO. 2024-024 THE CROSSINGS PHASE I BEING A DIVISION OF PARCEL ONE AND PARCEL TWO RECORDED IN DOC #2024-0020750, STANISLAUS COUNTY RECORDS, LYING WITHIN THE SOUTHWEST QUARTER OF SECTION 18, T.3.S., R.10.E., M.D.M. CITY OF MODESTO, COUNTY OF STANISLAUS, STATE OF CALIFORNIA APRIL, 2025 SHEET 1 OF 7 NOT TO SCALE VICINITY MAP M.I.D. LATERAL NO. 3 PROJECT SITE E BRIGGSMORE AVE
CLAUS RD MERLE AVE FLOYD AVE SANTA FE AVE
DEWITT RD PARKER RD HELD DR CITY CLERK'S STATEMENT: THIS IS TO CERTIFY THAT AT ITS REGULAR MEETING HELD ON THE ____ DAY OF _______________, 202___. THE CITY COUNCIL OF THE CITY OF MODESTO, COUNTY OF STANISLAUS, STATE OF CALIFORNIA, APPROVED THIS FINAL MAP AND ACCEPTED, SUBJECT TO IMPROVEMENT, ON BEHALF OF THE PUBLIC FOR PUBLIC USE, THE FOLLOWING REAL PROPERTY AS EASEMENTS: BRYANT STREET, CECIL RIDGE DRIVE, DOUG MCCULLOUGH LANE,EAST MERLE AVENUE, EWERT AVENUE, JOHN GEORGE DRIVE, NICASIO SR LANE, PIERCE DRIVE, PRINCE CHARLIE COURT, SEAGRAVE WAY, WALLACE COURT, WHITEHEAD WAY, & THE 10-FOOT-WIDE PUBLIC UTILITY EASEMENTS AND THE 10-FOOT-WIDE PLANTING EASEMENTS. AS FEE: LOTS A AND B FOR LANDSCAPE AND PUBLIC UTILITY PURPOSES; LOT C AS A DUAL-USE STORM BASIN; AND LOTS D, E, AND F AS PEDESTRIAN PASEOS. ALL AS SHOWN WITHIN THE EXTERIOR BOUNDARY OF THE LAND BEING DIVIDED. DATED THIS _________________ DAY OF _______________________________ , 202___. ________________________________ DIANE NAYARES-PEREZ CITY CLERK, CITY OF MODESTO, CALIFORNIA RIGHT TO FARM STATEMENT: MANY PROCEDURES NORMAL AND NECESSARY TO THE OPERATION OF AGRICULTURAL USES SUCH AS FIELD CROPS, VINEYARDS, ORCHARDS, DAIRY AND POULTRY FARMS AND FEED LOTS RESULT IN NOISE, ODOR, DUST, SPRAYING, IRRIGATION OR OTHER POTENTIALLY DETRIMENTAL EFFECTS TO RESIDENTIAL USE OF ADJACENT PROPERTIES. ALL PERSONS PURCHASING LOTS WITHIN THE CONFINES OF THIS APPROVED MAP FOR THE PURPOSE OF ESTABLISHING RESIDENCE SHOULD INVESTIGATE THE LIKELIHOOD OF SUCH CONFLICTS. NOTARY ACKNOWLEDGMENT: STATE OF CALIFORNIA COUNTY OF ____________________ ON , BEFORE ME, , NOTARY PUBLIC, PERSONALLY APPEARED , WHO PROVED TO ME ON THE BASIS OF SATISFACTORY EVIDENCE TO BE THE PERSON(S) WHOSE NAME(S) IS/ARE SUBSCRIBED TO THE WITHIN INSTRUMENT AND ACKNOWLEDGED TO ME THAT HE/SHE/THEY EXECUTED THE SAME IN HIS/HER/THEIR AUTHORIZED CAPACITY(IES), AND THAT BY HIS/HER/THEIR SIGNATURE(S) ON THE INSTRUMENT THE PERSON(S), OR THE ENTITY UPON BEHALF OF WHICH THE PERSON(S) ACTED, EXECUTED THE INSTRUMENT. I CERTIFY UNDER PENALTY OF PERJURY UNDER THE LAWS OF THE STATE OF CALIFORNIA THAT THE FOREGOING PARAGRAPH IS TRUE AND CORRECT. WITNESS MY HAND. SIGNATURE: NAME (PRINT): PRINCIPAL COUNTY OF BUSINESS: COMMISSION NUMBER: _______________________________________ MY COMMISSION EXPIRES: A NOTARY PUBLIC OR OTHER OFFICER COMPLETING THIS CERTIFICATE VERIFIES ONLY THE IDENTITY OF THE INDIVIDUAL WHO SIGNED THE DOCUMENT TO WHICH THIS CERTIFICATE IS ATTACHED, AND NOT THE TRUTHFULNESS, ACCURACY, OR VALIDITY OF THAT DOCUMENT. COUNTY RECORDER'S CERTIFICATE: FILED THIS _____ DAY OF _______________, 2025, AT __________ O'CLOCK ___.M. IN BOOK _____ OF MAPS, AT PAGE _____, STANISLAUS COUNTY RECORDS, AT THE REQUEST OF SIEGFRIED ENGINEERING, INC. INSTRUMENT NO. ______________ FEE __________ PAID DONNA LINDER STANISLAUS COUNTY CLERK RECORDER BY: _____________________________, DEPUTY ___________________________ PRINT NAME NOTARY ACKNOWLEDGMENT: STATE OF CALIFORNIA COUNTY OF ____________________ ON , BEFORE ME, , NOTARY PUBLIC, PERSONALLY APPEARED , WHO PROVED TO ME ON THE BASIS OF SATISFACTORY EVIDENCE TO BE THE PERSON(S) WHOSE NAME(S) IS/ARE SUBSCRIBED TO THE WITHIN INSTRUMENT AND ACKNOWLEDGED TO ME THAT HE/SHE/THEY EXECUTED THE SAME IN HIS/HER/THEIR AUTHORIZED CAPACITY(IES), AND THAT BY HIS/HER/THEIR SIGNATURE(S) ON THE INSTRUMENT THE PERSON(S), OR THE ENTITY UPON BEHALF OF WHICH THE PERSON(S) ACTED, EXECUTED THE INSTRUMENT. I CERTIFY UNDER PENALTY OF PERJURY UNDER THE LAWS OF THE STATE OF CALIFORNIA THAT THE FOREGOING PARAGRAPH IS TRUE AND CORRECT. WITNESS MY HAND. SIGNATURE: NAME (PRINT): PRINCIPAL COUNTY OF BUSINESS: COMMISSION NUMBER: _______________________________________ MY COMMISSION EXPIRES: A NOTARY PUBLIC OR OTHER OFFICER COMPLETING THIS CERTIFICATE VERIFIES ONLY THE IDENTITY OF THE INDIVIDUAL WHO SIGNED THE DOCUMENT TO WHICH THIS CERTIFICATE IS ATTACHED, AND NOT THE TRUTHFULNESS, ACCURACY, OR VALIDITY OF THAT DOCUMENT. TAX COLLECTOR'S CERTIFICATE: THIS IS TO CERTIFY THAT THERE ARE NO LIENS AGAINST THIS SUBDIVISION OR ANY PART THEREOF FOR ANY UNPAID STATE, COUNTY SCHOOLS, MUNICIPAL OR LOCAL TAXES, OR SPECIAL ASSESSMENTS, EXCEPT SPECIAL ASSESSMENTS OR TAXES NOT YET PAYABLE AGAINST THE LAND SHOWN ON THIS MAP. ASSESSOR'S PARCEL NO. 014-026-017 DATED THIS ____ DAY OF ________________, 2025. DONNA RILEY STANISLAUS COUNTY TAX COLLECTOR BY: ____________________, DEPUTY _______________________ PRINT NAME CLERK OF THE BOARD OF SUPERVISOR'S CERTIFICATE: THIS IS TO CERTIFY THAT THE OWNERS OF THE PROPERTY SHOWN ON THE ACCOMPANYING MAP HAVE FILED WITH THE BOARD OF SUPERVISORS: (CHECK ONE) A. A BOND OR DEPOSIT APPROVED BY SAID BOARD TO SECURE THE PAYMENT OF TAXES AND SPECIAL ASSESSMENTS COLLECTED AS TAXES, WHICH ARE AT THE TIME OF FILING THIS MAP, A LIEN AGAINST SAID PROPERTY OR ANY PART THEREOF. B. RECEIPTED TAX BILL OR BILLS OR SUCH OTHER EVIDENCE AS MAY BE REQUIRED BY SAID BOARD SHOWING FULL PAYMENT OF ALL APPLICABLE TAXES. DATED THIS _____ DAY OF ______________, 2025. ELIZABETH A. KING CLERK OF THE BOARD OF SUPERVISORS BY: _________________________, DEPUTY ________________________________ PRINT NAME OMITTED EASEMENT HOLDERS' SIGNATURES: THE SIGNATURES OF THE FOLLOWING EASEMENT HOLDERS OF RECORD HAVE BEEN OMITTED PURSUANT TO TITLE 7, DIVISION 2, CHAPTER 2, ARTICLE 2, SECTION 66436 (a)(3)(B) OF THE SUBDIVISION MAP ACT: -DITCH RIGHT-OF-WAY AGREEMENT, RECORDED JUNE 4, 1913 IN BOOK 14 OF MISCELLANEOUS, PAGE 219, STANISLAUS COUNTY RECORDS. PLANNING COMMISSION STATEMENT: THIS IS TO STATE THAT THIS FINAL MAP SUBSTANTIALLY CONFORMS TO THE TENTATIVE MAP AND ANY ACTION TAKEN THEREON BY THE CITY OF MODESTO CITY COUNCIL AT A REGULAR MEETING HELD ON JANUARY 23, 2024 BY RESOLUTION NO. 2024-024. DATED THIS _____ DAY OF _______________, 2025. ________________________________ SECRETARY, CITY OF MODESTO PLANNING COMMISSION PRELIMINARY #28..
- 2438 -
BASIS OF BEARINGS: (SEE SHEET 3 OF 7 FOR DETAILS) THE BASIS OF BEARING FOR THIS SURVEY IS THE GRID BEARING BETWEEN CITY OF MODESTO 2528 AND 2628 NORTH 00° 17’ 47” WEST AS SHOWN ON RECORD OF SURVEY IN BOOK 22 OF SURVEYS AT PAGE 51. CALIFORNIA STATE PLANE ZONE 3, NAD 83, NGS EPOCH DATE 1992. GRID DISTANCES WERE SCALED BY THE MEAN COMBINED SCALE FACTOR OF 1.000070535 TO OBTAIN GROUND DISTANCES. ALL DISTANCES SHOWN ARE GROUND DISTANCES UNLESS OTHERWISE NOTED. REFERENCES: (R1) REFERS TO BOOK 25 RECORD OF SURVEY AT PAGE 26 (R2) REFERS TO BOOK 20 RECORD OF SURVEY AT PAGE 62 (R3) REFERS TO BOOK 33 OF PARCEL MAPS AT PAGE 60 (R4) REFERS TO BOOK 13 OF PARCEL MAPS AT PAGE 18 (R5) REFERS TO BOOK 3 RECORD OF SURVEY AT PAGE 82 (R6) REFERS TO BOOK 13 RECORD OF SURVEY AT PAGE 58 (R7) REFERS TO BOOK 22 RECORD OF SURVEY AT PAGE 51 (R8) REFERS TO VOLUME 44 OF MAPS AT PAGE 97 (R9) REFERS TO VOLUME 39 OF MAPS AT PAGE 44 (M) MEASURED ALL REFERENCES ARE PER STANISLAUS COUNTY RECORDS UNLESS OTHERWISE NOTED. 100' 400' SCALE: 1"=200' 0' 200' S88°59'22"W 839.28'(M) S88°36'17"W 839.42'(R2) N0°30'26"W 1146.61' (M)
N0°53'31"W 1146.67'(R2*)
S0°53'42"E 1146.49'(R6*) S89°58'56"E 598.93'(M) 526.93'(M) N6°14'37"E 165.97' (M) N6°14'41"E 165.98' (R1) N0°01'04"E 171.53' (M) N0°01'08"E 171.52' (R1) R=832.00' L=262.67' Δ=18°05'19" CH=N9°01'35"W 261.58' (M) R=832.00' L=262.67' Δ=18°05'20" (R1) N18°04'15"W 137.49' (M) N18°04'12"W 137.33' (R1) N71°55'45"E 50.00' (M) N71°55'48"E 50.00' (R1) N71°55'45"E 308.65' (M) N71°55'48"E 308.67' (R1)
N18°04'15"W 2528.79'(M) 1828.11'(M) S89°36'57"E 835.69'(M) 258.06'(M) N89°58'41"E 835.72'(R2) S88°35'30"E 835.36'(R5) S89°36'57"E 1946.03'(M) S89°36'56"E 1946.16'(R3) 1323.57'(M)
N0°17'55"W 1588.59'(M) N88°51'27"W 804.29'(M) N89°12'51"W 804.21'(R4) S0°21'46"E 1131.52'(M)
N0°44'36"W 1131.39' (R2*)
S0°44'31"E 1131.18'(R6*) 149.07'(M) FD 3/4" IP, NO TAG (R3) FD 4"x4" REDWOOD POST, TAGGED LS 5190 (R2)(R5) W. 1/4 CORNER OF SEC. 18 FD 2" IP WITH BRASS DISK IN MON WELL STAMPED "LS 5260, T3S R9E S13 T3S R10E S18, 1982, STAN COUNTY(R8), NO TAG INFO SHOWN ON (R3)(R5) FD 3/4" IP, NO TAG, BENT (R4) ACCEPTED FOR POSITION FD 3/4" IP, NO TAG, BENT (R4) ACCEPTED FOR POSITION SFN FD 3/4" IP, NO TAG (R2) (R5) FD 3/4" IP, NO TAG (R1)(R2)(R6)
SANTA FE AVENUE
BNSF R/R
S0°30'26"W 1429.81'(M)
N0°53'31"W 1430.03'(R2)
S0°32'W 1429.82'(R5)
S0°21'46"E 1450.19'(M)
N0°44'36"W 1450.10'(R2)
S0°53'42"W 1429.82'(R6)
N0°41'E 1449.82'(R5)
N0°44'31"W 1449.82'(R6) FD 3/4" IP, NO TAG (R1) N18°04'15"W 137.49' (M) N18°04'12"W 137.33' (R1) SFNR=882.00' L=278.45' Δ=18°05'19" CH=N9°01'35"W 277.30'(M) R=882.00' L=278.46' Δ=18°05'20"(R1) SFN 3/4" IP (R1) FD PUNCH MARK ON BATHY BAR, BENT. FD 3/4 " IP, NO TAG (R1) FD 3/4" IP, NO TAG (R1) FD 3/4" IP, NO TAG (R1) HELD DR FD 3/4" IP, NO TAG (R1)(R2)(R4)(R6) SEE NOTE 7 THIS SHEET SEC 18 SEC 19 SEC 13 SEC 24 N0°17'55"W 2647.81' (GROUND)(M) WEST LINE OF SECTION 18 MERLE AVE CLAUS RD 100' 50' 50'
265.02'(M) D.R. HORTON BAY INC DOC #2025-0000495, S.C.R. 27.51 AC± D.R. HORTON BAY INC DOC #2024-0020750, S.C.R. PARCEL TWO 27.68 AC ± 50'
18'
32'
1185.16'(M) FD 3/4" IP, NO TAG (R1) SFN
100'
80'
N0°30'26"W 2576.42'(M)
N0°53'31"W 2576.70'(R2*) SEE SHEET 3 FOR SUBDIVISION BOUNDARY DETAIL LEGEND: (*) CALCULATED BEARING/DISTANCE FROM RECORD DOC # DOCUMENT NUMBER FD FOUND IP IRON PIPE (M) MEASURED ON THIS SURVEY O.R. OFFICIAL RECORDS M&P MAPS AND PLATS -PM- PARCEL MAP P.U.E. PUBLIC UTILITY EASEMENT (R) RADIAL BEARING -S- RECORD OF SURVEY S.F. SQUARE FEET S.F.N. SEARCHED FOUND NOTHING S.C.R STANISLAUS COUNTY RECORDS N.A.P. NOT A PART OF THIS SURVEY M.I.D. MODESTO IRRIGATION DISTRICT C.O.M. CITY OF MODESTO W.C. WITNESS CORNER P.E. PLANTING EASEMENT FOUND MONUMENT DESCRIBED AS NOTED EXTERIOR PROPERTY LINE PROPERTY LINE TO BE EXTINGUISHED EASEMENT LINE CENTERLINE SET 3/4" IRON PIPE TAGGED "PLS 8660" IN CITY STANDARD MONUMENT WELL SET 3/4" IRON PIPE TAGGED "PLS 8660" AT ALL LOT CORNERS UNLESS OTHERWISE NOTED SET 3/4" IRON PIPE TAGGED "PLS 8660" GPS MONUMENT TIE LINE GENERAL NOTES: 1. ALL DISTANCES AND DIMENSIONS SHOWN ON THIS MAP ARE IN FEET AND DECIMALS THEREOF. 2. THE HEAVY LINE INDICATES THE BOUNDARY OF THE LAND BEING SUBDIVIDED BY THE MAP. 3. THE TOTAL AREA SUBDIVIDED BY THIS MAP = 29.94 ACRES, CONTAINING 164 RESIDENTIAL LOTS AND ALL ROADS, LANDSCAPE LOTS AND PASEOS. 4. THE TOTAL AREA OF PUBLIC ROADWAY OFFERED FOR DEDICATION BY THIS MAP = 9.69 ACRES 5. A 10 FOOT WIDE PUBLIC UTILITY EASEMENT AND 10' WIDE PLANTING EASEMENT, LYING AT THE FRONT OF THE RESIDENTIAL LOTS, ADJACENT TO AND ABUTTING THE INTERIOR STREETS IS OFFERED FOR DEDICATION BY THIS MAP. 6. THE SUM OF INDIVIDUAL PARTS OF A GIVEN LINE OR CURVE MAY NOT EQUAL THE OVERALL QUANTITY DUE TO ROUNDING. 7. GPS STATION 2528(R7) FD 2" IP WITH BRASS DISK IN MONUMENT WELL TAGGED T3S R9E R10E, SEC. 13, 18, 24, 19 STAN COUNTY(R7) SW COR SEC.18, SHOWN ON (R1)(R4). GRID COORDS: N: 2065702.051 E: 6439724.796 8. GPS STATION 2628(R7) FD 2" IP WITH BRASS DISK IN MONUMENT WELL TAGGED T3S R9E R10E SECTION 12,7,13,18 1982. GRID COORDS: N: 2070998.042 E:6439697.407 S89°58'56"E 842.13'(M) N89°38'45"E 842.36'(R2) N89°38'36"E 842.18'(R6) S88°35'51"W 839.20'(R6) SFN 1093.75'(M) S0°21'46"E 982.45'(M)
N0°43'05"W 982.05'(R4*)
S0°21'46"E 1599.26'(M)(GROUND)
1599.14'(GRID)
N0°43'05"W 1598.82'(R4) S18°04'12"E 700.47' (R1) S18°04'15"E 700.68' (M) N1°22'16"W 165.05' (M) N1°22'12"W 165.05' (R1) N0°01'04"E 171.52' (M) N0°01'08"E 171.52' (R1) S89°58'52"E 8.12'(R1) S89°58'56"E 8.12'(M) TPM 22-002, CITY OF MODESTO COUNCIL RESOLUTION NO. 2024-024 THE CROSSINGS PHASE I BEING A DIVISION OF PARCEL ONE AND PARCEL TWO RECORDED IN DOC #2024-0020750, STANISLAUS COUNTY RECORDS, LYING WITHIN THE SOUTHWEST QUARTER OF SECTION 18, T.3.S., R.10.E., M.D.M. CITY OF MODESTO, COUNTY OF STANISLAUS, STATE OF CALIFORNIA APRIL, 2025 SHEET 2 OF 7 100' 180'
1324.13'(M) 1324.20'(R8) 1323.68'(M) 1323.80'(R8) 1323.88'(R9) M.I.D. LATERAL NO. 3 N67°31'19"E 446.48'(M) N67°30'59"E 446.56'(R1) N39°08'09"E 1344.43'(GRID) 1344.52'(GROUND) S89°52'12"W 50.00'(M) 265.02'(M) SEE NOTE 8 THIS SHEET GRID COORDINATES: N:2068344.014 E:6440563.211 S18°04'12"E
2791.36'(GRID) 2791.55'(GROUND) 30-FOOT-WIDE PRIVATE ROAD EASEMENT PER BOOK 14 OF MISCELLANEOUS, PAGE 219 , S.C.R., ABANDONED PER DOCUMENT NO._____________, S.C.R. S89°36'57"E 307.74' 494.86' S89°36'57"E 802.60'
PRELIMINARY
#28..
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60' 240' SCALE: 1"=120' 0' 120' S88°59'22"W 839.28' N88°51'27"W 804.29' N0°17'55"W 1323.57' S89°36'57"E 162.00'
S0°21'46"E 149.07'
S0°23'03"W 160.00' S89°36'57"E 545.00' N0°23'03"E 4.49' N89°52'12"E 544.04' N0°23'03"E 639.17' N0°23'03"E 13.47' S89°36'57"E 146.97' N89°52'12"E 5.00' CLAUS RD S0°23'03"W 109.00'
S0°30'26"E 904.73'
S0°17'55"E 399.40' SEE SHEET 4 SEE SHEET 5 SEE SHEET 6 SEE SHEET 7 N89°36'57"W 32.57' S0°23'03"W 113.00' 150.00' FD 3/4" IP, NO TAG, BENT (R4) ACCEPTED FOR POSITION SFN FD 3/4" IP, NO TAG (R2) (R5) FD 3/4" IP, NO TAG, BENT (R4) ACCEPTED FOR POSITION TPM 22-002, CITY OF MODESTO COUNCIL RESOLUTION NO. 2024-024 THE CROSSINGS PHASE I BEING A DIVISION OF PARCEL ONE AND PARCEL TWO RECORDED IN DOC #2024-0020750, STANISLAUS COUNTY RECORDS, LYING WITHIN THE SOUTHWEST QUARTER OF SECTION 18, T.3.S., R.10.E., M.D.M. CITY OF MODESTO, COUNTY OF STANISLAUS, STATE OF CALIFORNIA APRIL, 2025 SHEET 3 OF 7 WALLACE COURT PRINCE CHARLIE COURT WHITEHEAD WAY 9 8 7 6 5 4 3 2 1 19 18 17 16 15 14 13 12 11 10 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 164 163 162 161 160 159 158 157 156 155 154 152 153 151 150 149 148 147 146 145 144 143 142 141140 139 138 137 136 135 134 133 132 131 130 129 128 117 118 119 120 121 122 123 124 125 126 116 115 114 113 112 111 110 109 108 107 106 105 104 103 102 101 100 99989795 8384858687888990919294 8281807978777675747372717069 63 64 65 66 67 68 62 61 60 59 58 57 56 127 924.16'
S0°30'26"E 525.08' S89°36'57"E 835.69' 96 93 EAST MERLE AVE PIERCE DRIVE SEAGRAVE WAY
DOUG MCCULLOUGH LANE JOHN GEORGE DRIVE
BRYANT STREET
CECIL RIDGE DRIVE
NICASIO
SR LANE EWERT AVENUE
N0°23'03"E 150.01' LOT D LOT E LOT F LOT C LOTA LOT B LOT G 11.800 AC± N89°36'57"W 46.43' FD 4"x4" REDWOOD POST, TAGGED LS 5190 (R2)(R5) NOT TO SCALE BASIS OF BEARINGS DETAIL E BRIGGSMORE AVE
CLAUS RD MERLE AVE FLOYD AVE SANTA FE AVE
DEWITT RD PARKER RD HELD DR MILNES RD
N0°17'47"W(BASIS)
5295.67'(GRID) 2791.36'(GRID) S18°04'12"E
S39°08'09"W C.O.M. GPS POINT 2528 1344.43'(GRID) C.O.M. GPS POINT 2628 NOTES: 1) SEE SHEET 2 OF 7 FOR BASIS OF BEARINGS, REFERENCES, LEGEND, AND GENERAL NOTES. 2) DUE TO ROUNDING, SOME TOTALS MAY NOT CORRESPOND WITH THE SUM OF THE SEPARATE FIGURES. S89°36'57"E 307.74' S89°36'57"E 1327.09' LOT H 10.450 AC± S0°21'46"E 265.02' N89°36'57"W 494.86' 284.86' 60.00'
S0°21'46"E
1599.14'(GRID)
PRELIMINARY
#28..
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23' 23' 4.52' 30'
30' 30'
30' 30' 34.5' 34.5'
N1°00'38"W 100.00' 30'
N0°23'03"E 184.01'
34.5' 34.5'
1 4,158 S.F.
2 2,767 S.F.
3 3,218 S.F.
4 3,242 S.F.
5 3,237 S.F.
6 3,223 S.F. 7 3,208 S.F. 8 3,194 S.F. 9 3,583 S.F. 10 3,537 S.F. 11 3,123 S.F. 12 3,109 S.F. 13 3,095 S.F. 14 3,080 S.F. 15 3,066 S.F. 16 3,819 S.F. 17 3,548 S.F. 18 3,252 S.F. 19 6,185 S.F. 20 5,521 S.F. 21 3,060 S.F. 22 3,073 S.F. 23 3,086 S.F. 24 3,099 S.F. 25 3,112 S.F. 26 3,472 S.F. 27 3,516 S.F. 28 3,177 S.F. 29 3,190 S.F. 30 3,203 S.F. 31 3,216 S.F. 32 3,220 S.F. 33 3,191 S.F. 34 2,740 S.F. 35 3,920 S.F. 36 4,242 S.F. 37 4,191 S.F. 164 4,937 S.F. 163 5,000 S.F. 162 5,000 S.F. 161 5,000 S.F. 160 5,000 S.F. 159 5,000 S.F. 158 5,000 S.F. 157 5,000 S.F. 156 5,000 S.F. 155 5,000 S.F. 154 5,450 S.F. 152 5,200 S.F. 153 5,670 S.F. 151 6,495 S.F. LOT A 2,319 S.F. LOT B 1,255 S.F.
34.5' 34.5' 50' 50'
131.96'
C2
C3
N0°28'40"E 86.89' 794.29' S88°51'27"E 804.29' S88°51'27"E 10.00' S0°28'40"W 89.43' 343.20' 300.81'
S76°18'02"W 50.83' 50.00' 49.99'
134.50' 264.90' 439.21' 242.73' 61.50' 532.79'
S49°51'28"W(R)
N37°20'49"E(R)
N10°12'55"W(R) N30°22'25"W(R)
154.35' 120.25' 35.00' 35.00' S89°31'20"E 644.01' N0°28'40"E 274.59' N89°52'12"E 139.51' 35.00' 35.00' N31°57'25"E(R)
34.5' 34.5'
50.45'
S0°28'40"W 89.03'
S0°28'40"W 87.81'
S0°28'40"W 88.21'
S0°28'40"W 88.62'
S0°28'40"W 87.40' 43.99'
S0°28'40"W 72.34'
S0°28'40"W 82.06'
S0°28'40"W 87.25'
S0°28'40"W 87.62'
S0°28'40"W 87.99'
S0°28'40"W 88.36'
S0°28'40"W 88.73'
S0°28'40"W 89.10'
S0°28'40"W 69.42'
S0°28'40"W 70.27'
S0°28'40"W 90.59'
S0°28'40"W 90.96'
S0°28'40"W 91.33'
S0°28'40"W 91.70'
S0°28'40"W 92.07'
S0°28'40"W 90.52'
S0°28'40"W 69.15'
S0°28'40"W 72.98'
N1°00'38"W 100.00'
S0°28'40"W 79.90'
S0°21'46"E 149.07'
S0°28'40"W 80.59'
S0°28'40"W 91.06'
S0°28'40"W 91.46'
S0°28'40"W 91.87'
S0°28'40"W 92.28'
S0°28'40"W 92.68'
S0°28'40"W 91.17'
S0°28'40"W 69.83'
S0°28'40"W 73.51' S89°31'20"E 248.82'
N0°23'03"E 92.52'
N0°23'03"E 100.00'
N0°23'03"E 100.00'
N0°23'03"E 100.00'
N0°23'03"E 100.00'
N0°23'03"E 100.00'
N0°23'03"E 100.00'
N0°23'03"E 100.00'
N0°23'03"E 100.00'
N0°23'03"E 100.00'
N0°23'03"E 100.00' N0°23'03"E 104.00' S89°31'20"E 222.73' S89°31'20"E 191.27' S89°31'20"E 191.27' S14°55'33"E 65.69' N89°52'12"E 518.93'
L7 23.91' 50.00' 50.00' 50.00' 50.00' 50.00' 50.00' 50.00' 50.00' 45.00' C4 N89°52'12"E 238.10' 33.19' 35.00' 35.00' 35.00' 35.00' 29.90' L5
L6 N89°52'12"E 264.71' 30.11' 35.00' 35.00' 35.00' 35.00' 35.00' 40.00' 19.59' C7 40.00' 41.86' 41.91' L3
L4 35.00' 35.00' 35.00' 35.00' 35.00' 30.00' 17.73' 43.82' 35.00' 35.00' 35.00' 35.00' 30.00' L1 30.00' 35.00' 35.00' S89°52'12"W 743.45' 35.00' 21.27' L2 30.00' 35.00' 35.00' 35.00' 21.27' 40.00' 35.00' 35.00' 35.00' 35.00' 35.00' 40.00' 40.00' 43.64' 48.80' 43.99' 43.82' 35.00' 35.00' 35.00' 35.00' 35.00' 40.00' C9 C8 55.07' C19 C10
C11
C12
C13
C14 C15 C16
C17
C18
C20 N0°23'03"E 589.27'
C28 S0°17'55"E 114.18'
S0°17'55"E 399.40'
N0°23'03"E 308.57' N89°52'12"E 16.60' S88°59'22"W 493.86' C5 L9 5.00' N89°52'12"E 50.00'
L8 N89°52'12"E 95.00' 50.00' 45.00'
S0°23'03"W 150.01'
94.00' 90.00' 38.95' 50.00' 50.00' 50.00' 50.00' 50.00' 50.00' 50.00' 50.00' 50.00' 104.00' C6 S88°59'22"W 883.85'
N1°00'38"W 100.00'
C1
C27 N52°03'23"W 10.00'(R) S89°52'12"W 95.00' N89°52'12"E 55.00' 681.94' S0°28'40"W 11.00' 544.04' C22 C21
C24
C23
C25
C26 CURVE TABLE CURVE # C1 C2 C3 C4 C5 C6 C7 C8 C9 C10 C11 C12 LENGTH 64.32' 36.87' 27.44' 15.80' 14.84' 15.37' 15.90' 256.07' 35.78' 13.91' 21.87' 24.04' RADIUS 49.00' 49.00' 49.00' 10.00' 965.50' 1000.00' 1034.50' 56.00' 50.00' 50.00' 50.00' 56.00' DELTA 75°12'15" 43°07'02" 32°05'13" 90°30'51" 0°52'50" 0°52'50" 0°52'50" 261°59'55" 40°59'58" 15°56'08" 25°03'50" 24°35'48" CURVE TABLE CURVE # C13 C14 C15 C16 C17 C18 C19 C20 C21 C22 C23 C24 LENGTH 41.04' 62.96' 62.96' 41.04' 24.04' 21.87' 35.78' 13.91' 254.36' 26.94' 19.71' 46.49' RADIUS 56.00' 56.00' 56.00' 56.00' 56.00' 50.00' 50.00' 50.00' 56.00' 50.00' 56.00' 56.00' DELTA 41°59'27" 64°24'43" 64°24'43" 41°59'27" 24°35'48" 25°03'50" 40°59'58" 15°56'08" 260°13'54" 30°52'36" 20°09'40" 47°33'35" CURVE TABLE CURVE # C25 C26 C27 C28 C29 C30 C31 LENGTH 88.56' 99.61' 43.10' 32.98' 54.37' 6.15' 38.48' RADIUS 56.00' 56.00' 50.00' 79.33' 66.00' 66.00' 23.00' DELTA 90°36'05" 101°54'34" 49°23'14" 23°49'13" 47°11'51" 5°20'10" 95°51'42" S31°24'57"W
45.98'
C29 C30 N89°31'20"W 39.56'
C31 LINE TABLE LINE # L1L2L3L4L5L6L7L8L9 DIRECTION S44°31'20"E S45°28'40"W S44°31'20"E S45°28'40"W S44°49'34"E N45°10'26"E S45°07'38"W S44°52'22"E S45°07'38"W LENGTH 14.14' 14.14' 14.14' 14.14' 14.22' 14.07' 14.21' 14.08' 14.21' 90.00' N37°56'37"E 28.66' N79°16'48"E(R) S4°51'29"E(R) N75°52'36"W(R)
654.96' 261.51' 20' 80' SCALE: 1"=40' 0' 40' 10' P.U.E. & P.E. 10' P.U.E. & P.E. 10' P.U.E. & P.E. 10' P.U.E. & P.E. 10' P.U.E. & P.E. 10' P.U.E. & P.E.10' P.U.E. & P.E. 10' P.U.E. & P.E. 10' P.U.E. & P.E.
CLAUS RD TPM 22-002, CITY OF MODESTO COUNCIL RESOLUTION NO. 2024-024 THE CROSSINGS PHASE I BEING A DIVISION OF PARCEL ONE AND PARCEL TWO RECORDED IN DOC #2024-0020750, STANISLAUS COUNTY RECORDS, LYING WITHIN THE SOUTHWEST QUARTER OF SECTION 18, T.3.S., R.10.E., M.D.M. CITY OF MODESTO, COUNTY OF STANISLAUS, STATE OF CALIFORNIA APRIL, 2025 NOTES: 1) SEE SHEET 2 OF 7 FOR BASIS OF BEARINGS, REFERENCES, LEGEND, AND GENERAL NOTES. 2) DUE TO ROUNDING, SOME TOTALS MAY NOT CORRESPOND WITH THE SUM OF THE SEPARATE FIGURES. EAST MERLE AVE
NICASIO SR LANE
DOUG MCCULLOUGH LANE
FOR CONTINUATION SEE SHEET 7 FOR CONTINUATION SEE SHEET 5 WALLACE COURT PRINCE CHARLIE COURT WHITEHEAD WAY
N40°31'18"W(R)S15°55'30"E(R)
S26°03'57"W(R) N89°31'20"W(R) N25°06'37"W(R)
N16°52'50"E(R) N41°28'38"E(R)
S16°24'48"W(R) N15°27'27"W(R) SHEET 4 OF 7 10' P.U.E. & P.E. S88°59'22"W 883.55' 42.99' 41.91' S88°59'22"W 839.28' 1.87' FD 3/4" IP, NO TAG, BENT (R4) ACCEPTED FOR POSITION FD 3/4" IP, NO TAG, BENT (R4) ACCEPTED FOR POSITION 124.54' S89°31'20"E 10.00'(R) S0°21'46"E 24.53'
S0°21'46"E 100.01' LOT C 4.033 AC± LOT G 11.800 AC±
N0°17'55"W 924.16'(M) S89°52'12"W 649.04' 3' W.C. 3' W.C. 3' W.C. 3' W.C. 3' W.C. 3'x3' W.C. 3' W.C. 3' W.C. 3'x3' W.C. 3' W.C. 3' W.C. 3' W.C. 3'x3' W.C. 3'x3' W.C. 3' W.C. 3' W.C. 3' W.C. 3' W.C. 3' W.C. 3' W.C. 3' W.C. 3' W.C. 3' W.C. 1' W.C. 1' W.C. 1' W.C. 1' W.C. 1' W.C. 1' W.C. 1' W.C. 3'x3' W.C. 3'x3' W.C. 3'x3' W.C. 3'x3' W.C. 3'x3' W.C. 3'x3' W.C. 3'x3' W.C. 3'x3' W.C. 3' W.C. 3'x3' W.C.
N0°23'03"E 916.47' 3' W.C. 3'x3' W.C. 3'x3' W.C. 1' W.C.
PRELIMINARY
#28..
- 2441 -
N89°36'57"W 100.00'
N89°36'57"W 100.00'
N89°36'57"W 100.00'
N89°36'57"W 100.00'
N89°36'57"W 100.00'
N89°36'57"W 100.00'
N89°36'57"W 100.00'
N89°36'57"W 100.00'
N89°36'57"W 100.00'
N89°36'57"W 100.00'
N89°36'57"W 100.00' N0°23'03"E 113.00' S0°23'03"W 113.00' S0°23'03"W 109.00' S0°23'03"W 109.00' S0°23'03"W 186.00' S0°23'03"W 191.87' S0°23'03"W 100.00' S0°23'03"W 100.00' N0°23'03"E 100.00' S0°23'03"W 100.00' N0°23'03"E 100.00' S0°23'03"W 100.00' S89°36'57"E 528.16'
S89°36'57"E 528.16' S0°23'03"W 100.00' S0°23'03"W 100.00' 30' 30' N0°23'03"E 656.17' 50.00' 50.00' 50.00' 50.00' 50.00' 50.00' 50.00' 50.00' 50.00' 74.27' 84.27' 50.00' 50.00' 50.00' 50.00' 50.00' 50.00' 50.00' 50.00' 50.00' 10' S89°36'57"E 609.50'
S89°36'57"E 609.50'
S89°36'57"E 525.00' N0°23'03"E 308.57'
53.00' 53.13' 53.13'
S89°36'57"E 60.00'
53.13' 53.13'
53.16' 53.13' 53.13'
60.00' 53.13' 53.13'
53.13' 53.13' 53.16' 55.00' N0°23'03"E 589.27' 10' 93.00' 93.00' S0°23'03"W 100.00' N0°23'03"E 100.00' N0°23'03"E 100.00' 23'
34.5' S0°23'03"W 160.00' 260.00' 23' 30' 30' 30' 30'
34.5' 260.00' 131.96' LOT C 4.033 AC± LOT H 10.450 AC± LOT G 11.800 AC±
34.5' 34.5'
S89°36'57"E 150.00'
S89°36'57"E 528.00'
S89°36'57"E 545.00'
N89°52'12"E 139.51'
S89°36'57"E 545.00' 65.90'
50.00' 50.00' 50.00' 95.93' 95.93' L10 L9 5.00' S89°36'57"E 32.57' N89°36'57"W 134.50' L11
N89°36'57"W 94.50'
S89°36'57"E 53.00' L12 L13 C32
N89°36'57"W 90.00'
S89°36'57"E 46.43' 50.00' 50.00' 50.00'
132.57' 96.43'
S89°52'12"W 95.00' L14 L15 654.96' LINE TABLE LINE # L9 L10 L11 L12 L13 L14 L15 DIRECTION S45°07'38"W N44°36'57"W S0°23'03"W N45°23'03"E N44°36'57"W N59°39'37"E S58°53'31"E LENGTH 14.21' 14.14' 4.00' 9.90' 9.90' 7.96' 7.96' CURVE TABLE CURVE # C32 LENGTH 15.71' RADIUS 10.00' DELTA 90°00'00"
90.00' N0°23'03"E 916.47' 20' 80' SCALE: 1"=40' 0' 40' TPM 22-002, CITY OF MODESTO COUNCIL RESOLUTION NO. 2024-024 THE CROSSINGS PHASE I BEING A DIVISION OF PARCEL ONE AND PARCEL TWO RECORDED IN DOC #2024-0020750, STANISLAUS COUNTY RECORDS, LYING WITHIN THE SOUTHWEST QUARTER OF SECTION 18, T.3.S., R.10.E., M.D.M. CITY OF MODESTO, COUNTY OF STANISLAUS, STATE OF CALIFORNIA APRIL, 2025 SHEET 5 OF 7
EWERT AVENUE
SEAGRAVE WAY
PIERCE DRIVE DOUG MCCULLOUGH LANE 10' P.U.E. & P.E. 10' P.U.E. & P.E. 10' P.U.E. & P.E. 10' P.U.E. & P.E. 151 6,495 S.F. 150 5,000 S.F. 149 5,000 S.F. 148 5,000 S.F. 147 5,000 S.F. 146 5,000 S.F. 145 5,000 S.F. 144 5,000 S.F. 143 5,000 S.F. 142 5,000 S.F. 141 8,377 S.F. 140 5,650 S.F. 139 5,650 S.F. 138 5,450 S.F. 137 5,975 S.F. 136 5,976 S.F. 135 5,313 S.F. 134 5,313 S.F. 117 5,986 S.F. 118 5,313 S.F. 119 5,313 S.F. 116 5,986 S.F. 115 5,313 S.F. 114 5,313 S.F. FOR CONTINUATION SEE SHEET 6 FOR CONTINUATION SEE SHEET 4
LOT D 1,000 S.F.
WHITEHEAD WAY NOTES: 1) SEE SHEET 2 OF 7 FOR BASIS OF BEARINGS, REFERENCES, LEGEND, AND GENERAL NOTES. 2) DUE TO ROUNDING, SOME TOTALS MAY NOT CORRESPOND WITH THE SUM OF THE SEPARATE FIGURES. 3.00' S0°21'46"E 265.02' N89°36'57"W 494.86' N0°23'03"E 265.00' 23' S0°23'03"W 150.01'
90.00'
60.00' 284.86' 3'x3' W.C. 3'x3' W.C. 3'X3' W.C. 3'X3' W.C. 3'X3' W.C. 3'X3' W.C. PRELIMINARY #28..
- 2442 -
S89°36'57"E 609.50' S89°36'57"E 609.50' S89°36'57"E 222.00' N0°23'03"E 543.63'
N0°23'03"E 769.70' S89°36'57"E 525.00'
N0°23'03"E 296.16' S89°36'57"E 528.16'
N0°23'03"E 180.00' S89°36'57"E 528.16' S89°36'57"E 528.00' N0°23'03"E 90.00' S89°36'57"E 162.00'
S0°23'03"W 100.00'
S0°23'03"W 100.00'
S0°23'03"W 100.00'
S0°23'03"W 100.00'
S0°23'03"W 100.00'
N0°23'03"E 100.00' S89°36'57"E 87.60' S89°36'57"E 88.22' S89°36'57"E 88.37' S89°36'57"E 89.08' S89°36'57"E 89.71' S89°36'57"E 90.33' S89°36'57"E 90.95' S89°36'57"E 91.57' S89°36'57"E 92.20' S89°36'57"E 92.82' S89°36'57"E 93.44' S89°36'57"E 94.06' N89°36'57"W 81.00' N89°36'57"W 81.00' S89°36'57"E 81.00' S89°36'57"E 81.00' N89°36'57"W 81.00' N89°36'57"W 81.00' N89°36'57"W 81.00' N89°36'57"W 81.00' S89°36'57"E 81.00' S89°36'57"E 81.00' N89°36'57"W 81.00' N89°36'57"W 81.00' S89°36'57"E 81.00' S89°36'57"E 81.00' N89°36'57"W 81.00' N89°36'57"W 81.00' N0°23'03"E 100.00'
N0°23'03"E 100.00'
N0°23'03"E 100.00'
N0°23'03"E 100.00'
N0°23'03"E 100.00'
N0°23'03"E 100.00'
S0°23'03"W 100.00'
N0°23'03"E 100.00'
S0°23'03"W 100.00'
S0°23'03"W 100.00'
S0°23'03"W 100.00'
S0°23'03"W 100.00' 53.13' 53.13' 53.13' 53.13' 53.09' 50.00' 53.13' 53.13' 53.13' 53.13' 53.13' 53.09' 60.00' 53.13' 53.13' 53.13' 53.13' 53.13' 53.09' 50.00'
90.00' 90.00' 53.13' 53.13' 53.13' 53.13' 53.13' 53.13' 53.09' 50.00' S89°36'57"E 545.00'53.13' 53.13' 53.13' 53.13' 53.13' 53.09' 60.00' N0°23'03"E 493.23' 4.49' 13.47'
N0°23'03"E 503.63'
N0°23'03"E 504.90' 30' 30'
40.00' 40.00' 40.00' 40.00' 40.00' 40.00' 40.00' 40.00' 40.00' 40.00' 40.00' S89°36'57"E 81.00' 81.00' S89°36'57"E 81.00' 81.00' 86.97' 81.00' 30' 30' 30' 30'
40.00' 40.00' 40.00' 40.00' 40.00' 40.00' 40.00' 40.00' 40.00' 40.00' 40.00'
40.00' 40.00' 40.00' 40.00' 40.00' 40.00' 40.00' 40.00' 40.00' 40.00' 40.00'
40.00' 45.62' 40.00' 40.00' 40.00' 40.00' 40.00' 40.00' 40.00' 40.00'
40.00' 40.00' 40.00' 40.00' 40.00' 40.00' 40.00' 40.00' 45.62' 40.00' 40.00' N0°23'03"E 100.00' N0°23'03"E 100.00'
N0°23'03"E 100.00' N0°23'03"E 100.00' 53.13' 53.13'
S0°23'03"W 100.00'
N0°23'03"E 100.00'
30' 53.13' 53.13' 81.00' 81.00'
30'
30' 30' 30' 30' 30' 30' 132 5,313 S.F. 131 5,313 S.F. 130 5,313 S.F. 129 5,313 S.F. 128 5,309 S.F. 121 5,313 S.F. 122 5,313 S.F. 123 5,313 S.F. 124 5,313 S.F. 125 5,309 S.F. 126 5,950 S.F. 112 5,313 S.F. 111 5,313 S.F. 110 5,313 S.F. 109 5,313 S.F. 108 5,309 S.F. 106 3,240 S.F. 105 3,240 S.F. 104 3,240 S.F. 103 3,240 S.F. 102 3,240 S.F. 101 3,240 S.F. 100 3,240 S.F. 99 3,240 S.F. 98 3,240 S.F. 97 3,240 S.F. 96 3,240 S.F. 95 4,000 S.F. 83 3,240 S.F. 84 3,240 S.F. 85 3,240 S.F. 86 3,240 S.F. 87 3,240 S.F. 88 3,240 S.F. 89 3,240 S.F. 90 3,240 S.F. 91 3,240 S.F. 92 3,240 S.F. 93 3,240 S.F. 94 4,013 S.F. 82 3,491 S.F. 81 3,516 S.F. 80 4,048 S.F. 79 3,576 S.F. 77 3,626 S.F. 107 5,950 S.F. 76 3,651 S.F. 75 3,675 S.F. 74 3,700 S.F. 73 3,725 S.F. 72 3,750 S.F. 71 3,775 S.F. 70 3,684 S.F. 69 5,600 S.F. 78 3,601 S.F. 135 5,313 S.F. 134 5,313 S.F. 133 5,313 S.F. 118 5,313 S.F. 119 5,313 S.F. 120 5,313 S.F. 115 5,313 S.F. 114 5,313 S.F. 130.00 144.65 113 5,313 S.F. 127 5,950 S.F.
260.00 LOT E 1,620 S.F. LOT F 883 S.F.
10'
10'
10'
10' LOT C 4.033 AC± LOT H 10.450 AC±
534.65'
C33 S89°36'57"E 81.00' S89°36'57"E 81.00'
40.00' 53.13'
L16
L17
L18 N0°23'03"E 296.16' 81.00' S89°36'57"E 146.97' S89°36'57"E 162.00' S89°36'57"E 162.00' CURVE TABLE CURVE # C33 LENGTH 15.71' RADIUS 10.00' DELTA 90°00'00" LINE TABLE LINE # L16 L17 L18 DIRECTION S45°23'03"W S44°36'57"E S45°23'03"W LENGTH 14.14' 14.14' 14.14' 20' 80' SCALE: 1"=40' 0' 40' S0°30'26"E 904.73' TPM 22-002, CITY OF MODESTO COUNCIL RESOLUTION NO. 2024-024 THE CROSSINGS PHASE I BEING A DIVISION OF PARCEL ONE AND PARCEL TWO RECORDED IN DOC #2024-0020750, STANISLAUS COUNTY RECORDS, LYING WITHIN THE SOUTHWEST QUARTER OF SECTION 18, T.3.S., R.10.E., M.D.M. CITY OF MODESTO, COUNTY OF STANISLAUS, STATE OF CALIFORNIA APRIL, 2025 SHEET 6 OF 7 PIERCE DRIVE SEAGRAVE WAY
BRYANT STREET
CECIL RIDGE DRIVE 10' P.U.E. & P.E. 10' P.U.E. & P.E. 10' P.U.E. & P.E. 10' P.U.E. &
P.E.
10' P.U.E. &
P.E.
10' P.U.E. &
P.E.
FOR CONTINUATION SEE SHEET 5 FOR CONTINUATION SEE SHEET 7 S0°23'03"W 410.16' S89°36'57"W 545.00'
S0°30'26"E 735.72'
S0°23'03"W 80.00'
S0°30'26"E 525.08' NOTES: 1) SEE SHEET 2 OF 7 FOR BASIS OF BEARINGS, REFERENCES, LEGEND, AND GENERAL NOTES. 2) DUE TO ROUNDING, SOME TOTALS MAY NOT CORRESPOND WITH THE SUM OF THE SEPARATE FIGURES.
PRELIMINARY
#28..
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41.91' 41.91' 41.91'
S0°23'03"W 81.00' L20 L19 9.28' L21
N1°00'38"W 100.00'
N1°00'38"W 100.00'
N1°00'38"W 100.00'
N1°00'38"W 100.00'
N1°00'38"W 100.00'
N1°00'38"W 100.00'
N1°00'38"W 100.00'
N1°00'38"W 100.00'
N1°00'38"W 100.00'
N1°00'38"W 100.00'
N1°00'38"W 100.00'
N1°00'38"W 100.00'
N1°00'38"W 100.00'
N1°00'38"W 100.00'
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N1°00'38"W 100.00'
N1°00'38"W 100.00' S88°59'22"W 839.28' 41.91' 41.91' 41.91' 41.91' 41.91' 41.91' 41.91' 41.91' 41.91' 41.91' 41.91' 41.91' 41.91' 41.91' 41.91' 42.79' 41.91' 41.91' 41.91' 41.91' 41.91' 41.91' 41.91' 41.91' 41.91' 41.91' 41.91' 41.91' 41.91' 41.91' 41.91' 41.91' 41.91' N0°30'26"W 100.00' S89°36'57"E 94.06' S89°36'57"E 94.69' S89°36'57"E 86.12' N0°23'03"E 79.05' 45.00' 40.00' 40.00' 40.60' 48.54' 48.54' 48.54' S0°23'03"W 87.71'
S0°23'03"W 86.73'
S0°23'03"W 85.76'
S0°23'03"W 84.58'
S0°23'03"W 83.39'
S0°23'03"W 82.21'
S0°23'03"W 81.00'
S0°23'03"W 81.00'
N0°23'03"E 296.16' S88°59'22"W 493.86' S89°36'57"E 140.92' 69.92' 71.00' S89°36'57"E 81.00' S89°36'57"E 81.00' S89°36'57"E 222.00' S88°59'22"W 883.85' N0°23'03"E 769.70' 33.54' 40.01' 40.01' 48.55' 48.55' 48.55' 49.81' N0°23'03"E 143.30'
65.34' 77.95' S89°36'57"E 137.61' 29.34' 40.00' 40.00' 28.27'
38.74'
40.16'
25.06' 40.00' 40.00' 81.01'
34.5' 54.19' 99.37'
40.00'
N0°23'03"E 543.63'
34.5'
N13°40'18"W(R) 74.43'N55°28'55"W(R) 113.15'
235.04' 351.06' 532.79'
30' 30'
34.5' 34.5' 30' 30' 30' 30' 37 4,191 S.F. 38 4,191 S.F. 39 4,191 S.F. 40 4,191 S.F. 41 4,191 S.F. 42 4,191 S.F. 43 4,191 S.F. 44 4,191 S.F. 45 4,191 S.F. 46 4,191 S.F. 47 4,191 S.F. 48 4,191 S.F. 49 4,191 S.F. 50 4,191 S.F. 51 4,191 S.F. 52 4,191 S.F. 53 4,191 S.F. 55 4,235 S.F. 54 4,191 S.F. 96 3,240 S.F. 95 4,000 S.F. 93 3,240 S.F. 94 4,013 S.F. 72 3,750 S.F. 71 3,775 S.F. 70 3,684 S.F. 69 5,600 S.F. 68 6,503 S.F. 67 3,299 S.F. 66 3,281 S.F. 65 3,240 S.F. 64 3,240 S.F. 63 3,522 S.F. 59 4,134 S.F. 60 3,450 S.F. 61 3,489 S.F. 62 3,909 S.F. 58 4,077 S.F. 57 4,019 S.F. 56 4,013 S.F. 534.65' S88°59'22"W 309.04' 48.54' LOT C 4.033 AC± S88°59'22"W 883.55' 144.65'
S0°23'03"W 493.23'
S0°23'03"W 503.63' S89°36'57"E 319.16' 40.00' S89°36'57"E 137.61'
93.96'
50.16'
N1°00'38"W 100.00' C39 L22 C34 C35 C37 C38 C40 C36 C41 C42 C43 S0°23'03"W 410.16' CURVE TABLE CURVE # C34 C35 C36 C37 C38 C39 C40 C41 C42 C43 LENGTH 20.21' 12.15' 31.90' 29.19' 30.03' 7.68' 12.53' 20.21' 103.26' 15.46' RADIUS 40.00' 40.00' 40.00' 40.00' 40.00' 40.00' 40.00' 40.00' 40.00' 10.00' DELTA 28°57'18" 17°23'47" 45°41'33" 41°48'37" 43°00'39" 11°00'05" 17°57'13" 28°57'18" 147°54'36" 88°36'19" LINE TABLE LINE # L19 L20 L21 L22 DIRECTION S45°23'03"W S43°45'28"E S45°23'03"W S46°57'26"E LENGTH 14.14' 15.91' 22.14' 15.60' 20' 80' SCALE: 1"=40' 0' 40' S0°30'26"E 904.73' TPM 22-002, CITY OF MODESTO COUNCIL RESOLUTION NO. 2024-024 THE CROSSINGS PHASE I BEING A DIVISION OF PARCEL ONE AND PARCEL TWO RECORDED IN DOC #2024-0020750, STANISLAUS COUNTY RECORDS, LYING WITHIN THE SOUTHWEST QUARTER OF SECTION 18, T.3.S., R.10.E., M.D.M. CITY OF MODESTO, COUNTY OF STANISLAUS, STATE OF CALIFORNIA APRIL, 2025 SHEET 7 OF 7 JOHN GEORGE DRIVE BRYANT STREET EAST MERLE AVE 10' P.U.E. & P.E. 10' P.U.E. & P.E. 10' P.U.E. & P.E. 10' P.U.E. & P.E. FOR CONTINUATION SEE SHEET 6 FOR CONTINUATION SEE SHEET 4 N61°25'45"E(R) N78°49'32"E(R) N29°20'21"E(R) CECIL RIDGE DRIVE S18°20'16"W(R) N0°23'03"E 504.90' NOTES: 1) SEE SHEET 2 OF 7 FOR BASIS OF BEARINGS, REFERENCES, LEGEND, AND GENERAL NOTES. 2) DUE TO ROUNDING, SOME TOTALS MAY NOT CORRESPOND WITH THE SUM OF THE SEPARATE FIGURES. FD 3/4" IP, NO TAG (R2) (R5) 1' W.C. 1' W.C. 1' W.C. 3'X3' W.C. 3'X3' W.C. 3'X3' W.C. 3'X3' W.C. 3'X3' W.C. 3'X3' W.C. PRELIMINARY #28..
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Phase 1 Improvement Plans 05/24/24
Cost Estimate
Modesto, CA
1 MOBILZATION LS 1 $500,000.00 $500,000.00
2 EROSION CONTROL LS 1 $50,000.00 $50,000.00
3 EARTHWORK & ROUGH GRADING LS 1 $200,000.00 $200,000.00 4 DEMOLITION LS 1 $100,000.00 $100,000.00
5 FINISH GRADING PADS SF 696549 $1.00 $696,549.00
6 VEHICULAR PAVEMENT SECTION SF 171471 $8.00 $1,371,768 7 BICYCLE PAVEMENT SECTION SF 40257 $6.00 $241,542
8 6" VERTICAL CURB & GUTTER LF 9406 $55.00 $517,330
9 4.5" DRIVE OVER CURB & GUTTER LF 3052 $50.00 $152,600 10 2' CONCRETE BAND FOR CLASS I PATH\ SF 20138 $12.00 $241,656 11 TRUNCATED DOMES SF 375 $50.00 $18,750
12 CONCRETE SIDEWALK / DRIVEWAY SF 60,152 $10.00 $601,520 13 CONCRETE CURB RAMP EA 25 $3,500.00 $87,500
14 SIGNAGE & STRIPING LS 1 $60,000.00 $60,000
15 8" WATER PIPE LF 3825 $60.00 $229,500
16 12" WATER PIPE LF 2,952 $90.00 $265,680
17 1" WATER PIPE LF 5,229 $15.00 $78,435
18 WATER METER EA 163 $2,500.00 $407,500
19 FIRE HYDRANT EA 8 $4,000.00 $32,000
TOTAL PRICE
($)
PAVING AND CONCRETE WORK
SITE PREPARATION
MODESTO CROSSINGS
ITEM NO. ITEM DESCRIPTION UNIT ESTIMATED
QUANTITY UNIT PRICE ($)
UTILITIES
Prepared by Siegfried