Economic Development Committee
February 2, 2026

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www.modestogov.com
AGENDA
City of Modesto

ECONOMIC DEVELOPMENT COMMITTEE

COUNCIL WORKSHOP
2001-40 Del Puerto Room.

Tenth Street Place, 1010 10th Street
Modesto, California
Monday, February 02, 2026 at 4:00 PM
Roll Call: Sue Zwahlen, Chair
Nick Bavaro, Vice-Chair
Eric Alvarez, Member
Alternates: Rosa Escutia-Braaton, Chris Ricci, Jeremiah Williams, David Wright Council has not delegated directive or final approval authority to the Committees.

Committee actions are recommendations to the full City Council, not final decisions on an issue. * Public Comment will only be in-person. Members of the public who wish to address the Committee, by providing public comment, during the meeting must do so in-person in the 2001-40 Del Puerto Room. As an alternative, members of the public may also provide written public comment submitted via email as indicated in the Submitting Comments by Email instructions on this agenda. Zoom will still be available for viewing and Wordly translation. * Members of the public will be allowed to provide public comment through Zoom if a Councilmember is participating remotely pursuant to the provisions of California Government Code section 54953.8.3.
*If a technical issue arises with Zoom or the phone dial-in option, the Council meeting will continue unless the meeting is being held pursuant to the provisions of Senate Bill 707, California Government Code section 54953.8.3. Alternative viewing options are listed below, and the meeting is physically open to the public.
“Wordly” can translate into 25+ different languages! To access written translation during the meeting, please scan the QR Code or click this link https://attend.wordly.ai/join/RJDY-6364.
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"Wordly" puede traducir a más de 25 idiomas diferentes! Para acceder a la traducción durante la reunión, por favor escanee el código QR o haga clic en el enlace https://attend.wordly.ai/join/RJDY-6364.

THE MEETING CAN BE VIEWED BY ZOOM VIDEO

CONFERENCING OR TELEPHONE
Joining the Committee meeting via Zoom
The City of Modesto is now offering the ability to view Committee meetings via telephonic conferencing via “Zoom” video conferencing computer technology. The meeting may be accessed through the use of Zoom using the following options:
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Joining the Committee meeting via Telephone
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PUBLIC COMMENT PERIOD
Three-minute time limit per speaker.

Only interested persons in the audience may present these matters.

Under State law, Committee Members may respond to matters being presented under this item only as follows:
a. Briefly respond to statements made or questions raised. b. Ask a question for clarification.
c. Provide a reference to staff or other resources for factual information. d. Request staff to report back at a subsequent meeting. e. Finally, a Committee Member or the Committee itself may take action to direct staff to place a matter of business on a future agenda.

SUBMITTING COMMENTS BY E-MAIL
Written comments may be submitted via email to: [email protected] (include Agenda Item Number in the subject line). All comments will be shared with the - 2 -
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Committee Members and placed in the record but will not be read aloud during the meeting.

Written comments must be received two hours before the meeting.

This Agenda is on file in the City Clerk’s Office, Sixth Floor, 10th Street Place, Posting Board at entry of 10th Street Place, and is available on the City’s Web site at www.modestogov.com.

Materials related to an item on this Agenda submitted to the Council after distribution of the agenda packet are available for public inspection in the Clerk’s office during normal business hours. Such documents are also available online, subject to staff’s ability to post the documents before the meeting, at the following website www.modestogov.com/councilmeetings.

In accordance with the requirements of Title II of the Americans with Disabilities Act (“ADA”) of 1990, the Fair Employment & Housing Act (“FEHA”), the Rehabilitation Act of 1973 (as amended), Government Code section 11135 and other applicable codes, the City of Modesto (“City”) will not discriminate against individuals on the basis of disability in the City’s services, programs, or activities. For more information, please visit the City of Modesto website at https://www.modestogov.com/865/Americans-with-Disabilities-Act-ADA In compliance with the Americans with Disabilities Act, if you need special assistance to participate in this meeting, please contact the City Clerk (209) 577-5396. Notification 48 hours prior to the meeting will enable the City to make reasonable arrangements to ensure accessibility to this meeting
Any and all of the following agenda items are subject to action by the Modesto City Council.

CONSENT ITEMS – ROLL CALL VOTE REQUIRED:

Information concerning the consent items listed below has been forwarded to each Committee Member prior to this meeting for study. Unless some member of the audience or Committee Member has a question concerning an item and asks that it be withdrawn from the consent list, the Committee approves the items at one time. The action taken by the Committee in approving consent items is set forth in the explanation of this individual item.

CONSENT
An item may be removed from consent and discussed at the request of an audience member or committee member.

Consent

1. Consider an additional payment of $70,150 for a total amount not to exceed $350,872 to Pacific Gas & Electric for Relocation of Gas Line Infrastructure for the State Route 132 Phase 1 Project and forwarding to Council for approval. (Funding Source: Capital Facility Fees)
 Motion recommending an additional payment of $70,150 for a total amount not to exceed $350,872 to Pacific Gas & Electric for Relocation of Gas Line - 3 -
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Infrastructure for the State Route 132 Phase 1 Project and forwarding to Council for approval.

ENGINEERING SERVICES; Toby Wells, 209-571-5542, [email protected] Consent

2. Consider a Cost Sharing Agreement with the County of Stanislaus for 7th Street Bridge Project and forwarding to Council for approval. (Funding Source: Streets Capital Facility Fees and Water Fund)
 Motion recommending a Restated Memorandum of Agreement for the Preliminary Engineering including Final Design Phase of the 7th Street Bridge Project with Stanislaus County and forwarding to Council for approval.

ENGINEERING SERVICES; Toby Wells, 209-571-5542, [email protected] Consent

3. Consider dedication and acceptance of a Public Utility Easement / Irrigation Easement on City-owned property and forwarding to Council for approval. (Funding Source: Not Applicable)
 Motion recommending dedication and acceptance of a Public Utility Easement / Irrigation Easement on City-owned property and forwarding to Council for approval.

ENGINEERING SERVICES; Jaspreet Mangat, 209-577-5253,
[email protected]
Consent

4. Consider a Memorandum of Understanding (MOU) between the City of Modesto (City) and Stanislaus County (County) for the provision of rock well maintenance services at Charles M. Sharp Park, 1812 Torrid Avenue, Modesto, CA, and forwarding to Council for approval. (Funding Source: Storm Drain Fund)  Motion recommending a Memorandum of Understanding between the City of Modesto and Stanislaus County for the provision of rock well maintenance services at Charles M. Sharp Park, located at 1812 Torrid Avenue, Modesto, CA and forwarding to Council for approval.

UTILITIES; Jeff Daniels, 209-577-6255, [email protected]

ADJOURNMENT
Posted pursuant to Government Code Section 54954.2 on the bulletin board at Tenth Street Place on at by
date time signature
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CITY OF MODESTO

COMMITTEE AGENDA REPORT
DATE OF MEETING:

February 2, 2026
Date: January 14, 2026
TO: Economic Development Committee
Sue Zwahlen, Chair
Nick Bavaro, Vice Chair
Eric Alvarez, Member
THROUGH: Joseph P. Lopez, City Manager
FROM: Toby Wells, Director of Engineering Services/City Engineer SUBJECT: Additional Payment to Pacific Gas & Electric for Relocation of Gas Line Infrastructure for the State Route 132 Phase 1 Project
CONTACT: Toby Wells, Director of Engineering Services/City Engineer, [email protected], 209-571-5542
DESCRIPTION:

Consider an additional payment of $70,150 for a total amount not to exceed $350,872 to Pacific Gas & Electric for Relocation of Gas Line Infrastructure for the State Route 132 Phase 1 Project and forwarding to Council for approval. (Funding Source: Capital Facility Fees) STRATEGIC PLAN ELEMENT:

The recommended action supports the 2025-2026 City of Modesto Strategic Plan Initiatives, Goal D: Provide safe, efficient, and reliable infrastructure through proactive community investment, maintenance, and sustainability efforts.

BACKGROUND:

SR-132 is an east-west highway that extends from I-580 in the Central Valley, south of the City of Tracy, to SR-49 in the foothills of the Sierra Mountains, terminating in the town of Coulterville.

SR-132 is a vital east-west link through the Central Valley, serving local traffic from these communities and providing for regional traffic between the Bay Area and the mountains for the movement of traffic, goods, and services and providing access to the recreational areas east of Modesto via SR-49.

The purpose of the new SR-132 segment is to improve regional and interregional circulation, relieve traffic congestion along existing SR-132, and enhance safety and operations for the existing and proposed transportation network.

Phase 1 of the Project is approximately four miles in length and allows for construction of the ultimate multi-lane freeway in the future. This phase replaced the existing 2-lane highway #1..
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Economic Development Committee, February 2, 2026
Additional Payment to Pacific Gas & Electric for Relocation of Gas Line Infrastructure for the State Route 132 Phase 1 Project

segment of SR-132 along Maze Boulevard from SR 99 to Dakota Avenue. The City is the lead agency on behalf of the region and is primarily responsible for the implementation of Phase 1 of the Project. A construction contract was awarded to Bay Cities Paving and Grading (Bay Cities) on September 24, 2019, per Resolution 2019-439. Construction began in December of 2019 and was accepted as complete in June 2025 per Resolution 2025-226.

DISCUSSION:

Relocation of the PG&E gas line facilities was required so that improvements needed for the Project could be constructed. Several existing PG&E gas lines conflicted with the proposed improvements and were required to be relocated. Conflicts and locations were:
 Rosemore Avenue at Kansas Avenue - Cap the existing line during bridge construction and then install approximately 190 lineal feet of 3-inch gas line. Line will be encased in a 12-inch steel casing within the bridge structure.  Kansas Avenue at Mercy Avenue- Relocate approximately 200 lineal feet of existing 4-inch gas line. Relocation is necessary so that the City Utility Department’s existing 54-inch sanitary sewer line can be reconstructed.  Franklin Street (Kansas Avenue Extension)- Abandon approximately 435 lineal feet of existing gas line. Existing 3-inch steel gas line will be capped in place.

This abandonment is required to meet Caltrans standards, which require that the existing right of way be cleared of utilities prior to construction of the bridge overcrossing of the State Route 99 Freeway.
 Shirley Court at Elm Avenue- Existing 3-inch gas line conflicts with the proposed construction of the relocated MID Renna line. The Gas line must be lowered so that the new irrigation line can be constructed. Irrigation lines are controlled by gravity; therefore, the gas line must be lowered.

The cost to design and installation for this work was originally estimated at $561,444. This work is codified in State Utility Agreement 2320.6 and as attached herein. This agreement specifies that the cost for this work be split between the City and PG&E at a 50/50 percentage rate. The City’s share per the Agreement was $280,722 and was authorized per Resolution 2020-93 on February 25, 2020.

During construction of the SR-132 Project, the PG&E relocation work encountered additional unforeseen circumstances including conflicts with sewer and storm drain facilities and additional paving requirements that lead to increased costs. Under the terms of the existing Utility Agreement, increases up to 25% above the original estimate can be made without triggering an amendment to the existing agreement.

After a thorough review of the documentation and discussions with PG&E staff, Staff recommends the authorization of an additional $70,150 for PG&E infrastructure relocations for a total not to exceed $350,872.

FISCAL IMPACT:

The Project is supported by a complex matrix of funding elements including a combination of local, Regional Measure L, State, and Federal sources; each with a variety of requirements and constraints. Funding for the City’s share of the work additional work of $70,150 for a total not to exceed $350,872 is available in the project account CIP #101119 (Capital Facility Fees). #1..
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Economic Development Committee, February 2, 2026
Additional Payment to Pacific Gas & Electric for Relocation of Gas Line Infrastructure for the State Route 132 Phase 1 Project

RECOMMENDED COMMITTEE ACTION:

Staff Recommendations:

Motion recommending an additional payment of $70,150 for a total amount not to exceed $350,872 to Pacific Gas & Electric for Relocation of Gas Line Infrastructure for the State Route 132 Phase 1 Project and forwarding to Council for approval.

Approved by:

Toby Wells, Director of Engineering Services/City
Engineer
Joseph P. Lopez, City Manager
Attachments:

1. Utility Agreement
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CITY OF MODESTO

COMMITTEE AGENDA REPORT
DATE OF MEETING:

February 2, 2026
Date: January 14, 2026
TO: Economic Development Committee
Sue Zwahlen, Chair
Nick Bavaro, Vice-Chair
Eric Alvarez, Member
THROUGH: Joseph P. Lopez, City Manager
FROM: Toby Wells, Director of Engineering Services / City Engineer SUBJECT: Cost Sharing Agreement for Construction of the 7th Street Bridge Replacement Project
CONTACT: Toby Wells, Director of Engineering Services / City Engineer [email protected], 209-571-5542
DESCRIPTION:

Consider a Cost Sharing Agreement with the County of Stanislaus for 7th Street Bridge Project and forwarding to Council for approval. (Funding Source: Streets Capital Facility Fees and Water Fund)
STRATEGIC PLAN ELEMENT:

The recommended action is consistent with the City Council’s 2025-2026 Strategic Plan, Goal D to provide safe, efficient, and reliable infrastructure through proactive community investment, maintenance, and sustainability efforts.

BACKGROUND:

The Stanislaus County Department of Public Works (County), in cooperation with the City of Modesto (City), the California Department of Transportation (Caltrans), and the Federal Highway Administration (FHWA) have undertaken a project to replace the historic 7th Street Bridge over the Tuolumne River. The bridge replacement project will correct structural and hydraulic deficiencies, increase the capacity of the 7th Street corridor, and improve safety for vehicles, bicycles, and pedestrians.

The historic 7th Street Bridge over the Tuolumne River was built in 1916 by Stanislaus County and consists of a series of “canticrete” type trusses supported on reinforced concrete piers and abutments all founded on concrete or timber piling. The entire bridge span is approximately 1,170 feet in length and the Average Daily Traffic (ADT) volume is approximately 15,700 vehicles per day.
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Economic Development Committee, February 2, 2026
Cost Sharing Agreement for Construction of the 7th Street Bridge Replacement Project

The bridge is the lowest rated bridge within the eight counties in Caltrans District 10 and has a Sufficiency Rating of 5.1, on a scale of 1 to 100. Although the bridge is currently considered structurally sound, there is significant spalling, advanced signs of alkali silica reaction, exposed and deteriorating steel reinforcing and considerable deflection at the cantilevered sections. The bridge is listed as Structurally Deficient and has been weight restricted to four tons gross load since 1979 and restricted from legal truck load weights since 1937.

The Project is partially funded with Federal Highway Bridge Program (HBP) funds and will include replacement of the existing bridge, safety improvements for motorists, pedestrians, bicyclists, curb ramps, raised center median/refuge, street lighting, and incidental roadway resurfacing. The Project will also include modifications at the intersections of 7th and B Streets at Tuolumne Boulevard and Crows Landing Road at 7th Street.

A Memorandum of Agreement (MOA) for Preliminary Engineering was approved by the City Council on April 5, 2011, by Resolution No. 2011-113, and by the County on March 15, 2011, by Resolution 2011-167. The MOA was amended five (5) times with the last Amended and Restated MOA was approved by the City Council on August 26, 2025, by Resolution No. 2025- 306 and by the County on September 9, 2025, Resolution No. 2025-0470.

DISCUSSION:

The project completed final design documents and achieved right-of-way certification in June 2025. The project received authorization for the Construction (CON) phase in August 2025.

The Project pre-construction activities began in the fall of 2025. On November 18, 2025, the Stanislaus County Board of Supervisors awarded Dewberry Engineers Inc. for the professional construction management services in the amount of $7,245,122.

An Invitation For Bid (IFB) was electronically posted on PlanetBids by Stanislaus County on September 15, 2025. On November 5, 2025, five (5) bids were received and publicly read. The engineer’s estimate for the project was $92,609,943. The lowest responsive bid was received by MCM Construction, Inc. in the amount of $85,223,894. The low bid was approximately

7.98% below the engineer’s estimate. On December 16, 2025, the Board of Supervisors for the County of Stanislaus awarded a contract to MCM Construction, Inc.

As a shared project, it is necessary to delineate the funding for the project to reimburse the County for the City’s share of the construction of the project. The attached draft Cost Sharing Agreement has been negotiated between the City and County and recommended to be forwarded to City Council for approval.

FISCAL IMPACT:

The majority of the project is funded by the HBP. Some of the project costs are not eligible for funding by the HBP and there is a required match by the local agency to receive the HBP funds.

The roadway improvements on the north side of the bridge at the intersection of 7th Street and B Street, including the railroad crossing improvements, are the responsibility of the City of Modesto. The roadway improvements south of the bridge are the County’s responsibility.

The City of Modesto also included a 12” waterline in the project to provide service through the bridge to connect to the area south of the 7th Street bridge. The waterline costs are shown in the Non-Participating portion of the project.
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Economic Development Committee, February 2, 2026
Cost Sharing Agreement for Construction of the 7th Street Bridge Replacement Project

The breakdown of the eligible costs and the split between the City and County are in the agreement summarized in the following chart:

In addition to the City’s share of costs to reimburse the County as the lead agency for construction and construction management, City staff will also be involved in the project management oversight during construction. Therefore, the total construction costs are $16,300,000.

The proposed funding for the project is:

Capital Facilities Fees (CFF): $7,000,000
Measure L: $5,500,000
Water Utilities: $3,800,000
The project will be presented to the Measure L Citizen’s Oversight Committee on March 5, 2025.
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Economic Development Committee, February 2, 2026
Cost Sharing Agreement for Construction of the 7th Street Bridge Replacement Project

Budget amendments will be required to allocate the funding for the project as part of the City Council action.

CEQA/NEPA REQUIREMENTS:

An Environmental Assessment (EA) and Section 4(f) Evaluation with Finding of No Significant Impact (FONSI) was approved by Caltrans in August 2019, in compliance with the requirements of the National Environmental Policy Act (NEPA). An Environmental Impact Report (EIR) was certified by the County in May 2017, and approved by Caltrans in August of 2019, in compliance with the California Environmental Quality Act (CEQA).

RECOMMENDED COMMITTEE ACTION:

Staff Recommendations:

Motion recommending a Restated Memorandum of Agreement for the Preliminary Engineering including Final Design Phase of the 7th Street Bridge Project with Stanislaus County and forwarding to Council for approval.

Approved by:

Toby Wells, Director of Engineering Services/City
Engineer
Joseph P. Lopez, City Manager
Attachments:

1. Draft Cost Sharing Agreement between the County of Stanislaus and City of Modesto #2..
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COST SHARING AGREEMENT
Seventh Street Bridge Replacement Over Tuolumne River Project

COST SHARING AGREEMENT BETWEEN THE COUNTY OF STANISLAUS AND

CITY OF MODESTO

FOR THE CONSTRUCTION OF THE

SEVENTH STREET BRIDGE REPLACEMENT OVER TUOLUMNE RIVER PROJECT This Cost Sharing Agreement for Construction Services (“Agreement”) is made and entered into on __________, 2026 (the “Effective Date”) by and between the County of Stanislaus, a political subdivision of the State of California (“COUNTY”), and the City of Modesto, a California municipal corporation (“CITY”). MODESTO and COUNTY may be individually referred to herein as a “Party” or collectively as the “Parties.” RECITALS:

A. The COUNTY entered into a competitively bid contract for the Seventh Street Bridge Replacement Over Tuolumne River Project (Project). The Project includes, but is not limited to, demolition and reconstruction of the Seventh Street Bridge, roadway, sidewalk, and bike lane improvements to the north and south of the bridge, signalization of the intersection of Seventh Street/Crows Landing Road, signal and UPRR crossing upgrades to the Seventh Street/Tuolumne Boulevard/B-Street Intersection, a pedestrian plaza located on the north end of the bridge, and a CITY waterline. The Project will begin construction in Winter 2025/26. The scope of work for the Projects includes areas that lie within both the CITY and COUNTY.

B. The COUNTY agrees to include in its contract for the above described Project contract items to occur on CITY streets and/or facilities as set forth in Exhibit A, and as shown in Project Location Maps Exhibit B and Project Plans and Specifications (collectively, the “Scope of Work” or “Services”) attached hereto and incorporated by this reference.

C. The CITY agrees to reimburse COUNTY for the construction contract costs incurred by COUNTY for the shared work and portion of work on CITY streets and/or facilities as identified in the Scope of Work.

D. The COUNTY has hired a professional construction management firm, Dewberry Engineers, Inc. to provide construction management and inspection for the Project. CITY agrees to reimburse COUNTY for the costs incurred by COUNTY for the shared construction management and inspection and portion of inspection on CITY streets and/or facilities as delineated herein.

E. The Parties have outlined the rates and method of payment to COUNTY for its performance of the Services under this Agreement, as further set forth in Exhibit C (the “Compensation Schedule”).
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COST SHARING AGREEMENT
Seventh Street Bridge Replacement Over Tuolumne River Project

NOW, THEREFORE, it is agreed as follows:

1. Scope of Work. The Parties agree that the COUNTY will make a reasonable effort to assure the construction of the Project improvements conform to the plans and specifications approved by the COUNTY and reviewed by the CITY. COUNTY will be the official Construction Manager and the lead agency for the Project.

2. Services. The COUNTY has awarded the services described in the Scope of Work as part of the Seventh Street Bridge Replacement Over Tuolumne River Project to MCM Construction, Inc., and the CITY shall compensate the COUNTY for the services performed pursuant to the Compensation Schedules in Exhibit C.

3. Term. The term of this Agreement will commence as of the date first written above and shall remain in effect until completion of construction of the improvements in Exhibit A.

4. Administration. The COUNTY, as the party managing the construction contract, agrees to receive and maintain the funding from the CITY and to manage the construction contract on behalf of the CITY with no additional charges to the CITY other than those costs identified in Exhibit C or as directed by the COUNTY and agreed upon by the CITY in writing.

5. Compensation. The parties have outlined the rates and method of payment to COUNTY for its performance of the Services under this Agreement in Exhibit C.

Compensation from CITY to COUNTY will be based on actual construction costs plus associated project costs.

6. Modification of Services. In the event that it appears to either Party that there will be cost overruns in excess of the 10% contingency, resulting from construction change orders associated with the Scope of Work provided in Exhibit A, or either Party determines that it would be prudent to expand the Scope of Work, then, in that event, the Parties agree to meet in good faith and determine whether or not they should fund such additional costs or expand the Scope of Work. In meeting and conferring, the Parties shall consider whether the basis of the additional change order originates from work regarding the CITY streets and/or facilities, in which case the #2..
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COST SHARING AGREEMENT
Seventh Street Bridge Replacement Over Tuolumne River Project

CITY shall be responsible for the change order, provided however that such change order must be approved by the CITY in writing.

7. Indemnification. Neither Party, nor any of its officers or employees, shall be responsible for any damage or liability occurring by reason of anything done or omitted to be done by the other Party under or in connection with any work delegated to that Party under this Agreement. The Parties further agree, pursuant to Government Code section 895.4, that each Party shall fully indemnify and hold harmless the other Party and its agents, officers, employees and contractors from and against all claims, damages, losses, judgments, liabilities, expenses and other costs, including litigation costs and attorney fees, arising out of, resulting from, or in connection with any work delegated to or action taken or omitted to be taken by such party under this Agreement.

8. Insurance. Each Party, at its sole cost and expense, shall carry insurance or selfinsure its activities in connection with this Agreement, and obtain, keep in force and maintain, insurance or equivalent programs of self-insurance, for general liability, workers compensation, and business automobile liability adequate to cover its potential liabilities hereunder. Each Party shall provide certificates of insurance and/or self-insurance to the other Party during the term of this agreement. Each Party agrees to provide the other thirty (30) days advance notice of any cancellation, termination or lapse of any of the insurance or self-insurance coverages.

9. Amendments. This Agreement may be amended, or provisions contained herein may be altered, changed, or amended for the Project only by mutual written agreement signed and approved by the respective approving authorities of CITY and COUNTY.

No oral understanding or agreement, not incorporated herein, shall be binding on any of the parties hereto.

10. Good Faith. To the extent reasonably required, each Party to this Agreement shall, in good faith, cooperate and assist the other Party in meeting its obligations under this Agreement.

11. Notice. Any notice which may be required under this Agreement shall be in writing and shall be given by personal service, first-class mail, certified or registered mail return receipt requested, or overnight delivery to the addresses set forth below:
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COST SHARING AGREEMENT
Seventh Street Bridge Replacement Over Tuolumne River Project

To City: Toby Wells
Director
Engineering Services Department
City of Modesto
1010 10th Street
Modesto, CA 95353
To County: David A. Leamon
Director
Department of Public Works
1716 Morgan Road
Modesto, CA 95358
All notices and other communications shall be deemed communicated as of actual receipt or after the second business day after the notice has been dispatched. The Parties may change their respective address by giving notice of such change to the other party in the manner provided in this Section.

12. Termination. Except as provided elsewhere in this Agreement, the Parties may not terminate this Agreement during the Term, and prior to the completion and payment for the Services described in Exhibit A, unless upon mutual written agreement signed and approved by the respective approving authorities of CITY and COUNTY. This Agreement will automatically terminate upon completion of the Scope of Work and upon the full payment to the COUNTY. If either party breaches any requirement of this Agreement, the non-breaching Party may terminate this agreement after providing written notice and a reasonable opportunity to cure to the other Party.

13. Necessary Documents. As may become necessary for the construction and delivery of the Project, through CITY and COUNTY cooperation, the Stanislaus County Director of Public Works and CITY’S Authorized Representative are authorized to administer and execute, by mutual written consent, all documents necessary to complete the Project, provided that such actions do not exceed the authority of this Agreement.

14. Attorney’s Fees and Costs. In any action which a Party brings to enforce its rights hereunder, the unsuccessful Party shall pay all costs incurred by the prevailing Party, including reasonable attorneys’ fees.
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COST SHARING AGREEMENT
Seventh Street Bridge Replacement Over Tuolumne River Project

15. Entire Agreement. This Agreement contains the entire understanding between the Parties. All previous proposals, offers, and other communications relative to this Agreement, whether oral or written, are hereby superseded except to the extent that they have been incorporated into this Agreement. This Agreement may be amended only by written instrument executed by CITY and COUNTY.

16. Waiver. No 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 both Parties, and any waiver of the breach of any covenant, term, or condition shall not be deemed to be a waiver of any preceding or succeeding breach of the same or any other covenant, term, or condition.

17. Severability. If any provision of this Agreement is held to be invalid or unenforceable, the remaining provisions shall continue in full force and effect and shall be construed to give effect to the intent of this Agreement.

18. Time is of the Essence. Time is and shall be of the essence in this Agreement.

19. Compliance. Both Parties agree to comply at all times, in its performance of this Agreement, with all applicable local, state and local labor and contracting laws, including but not limited to, prevailing wage laws and the Public Contract Code.

20. Counterparts. This Agreement may be executed and delivered in any number of counterparts, each of which so executed and delivered shall be deemed to be an original and all of which shall constitute one and the same instrument. (SIGNATURE PAGE FOLLOWS)
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COST SHARING AGREEMENT
Seventh Street Bridge Replacement Over Tuolumne River Project

IN WITNESS WHEREOF, the City of Modesto, a California 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 _________, 2026, and County has authorized the execution of this Agreement in duplicate by the Director of the Department of Public Works under authority of Resolution No. _____________, adopted by the Board of Supervisors of Stanislaus County on the _____ day of __________, 2026.

COUNTY OF STANISLAUS
a political subdivision of the State of
California
By:

Vito Chiesa
Chairman of the Board of
Supervisors
APPROVED AS TO CONTENT:

By:

David A. Leamon
Director of Public Works
ATTEST:

Noemi Leon
Clerk of the Board of Supervisors of the
County of Stanislaus, State of California
By:

Interim Clerk of the Board
APPROVED AS TO FORM:

By:

Thomas E. Boze
County Counsel

CITY OF MODESTO
a California municipal corporation
By:

Joseph P. Lopez, City Manager
ATTEST:

BY: _____________________________
Diane Nayares-Perez, City Clerk
APPROVED AS TO FORM:

By:

Jose M. Sanchez
City Attorney
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COST SHARING AGREEMENT
Seventh Street Bridge Replacement Over Tuolumne River Project

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EXHIBIT A

SEVENTH STREET BRIDGE REPLACEMENT OVER TUOLUMNE RIVER PROJECT Scope of Work: The COUNTY, in cooperation with the CITY, California Department of Transportation (Caltrans), and the Federal Highway Administration (FHWA) has awarded a construction contract to MCM Construction, Inc. to replace the Seventh Street Bridge (No. 38C0023) over Tuolumne River and construct necessary roadway approach improvements to accommodate the bridge replacement.

The historic Seventh Street Bridge over Tuolumne River was built in 1916 by Stanislaus County and consists of a series of “canticrete” type trusses supported on reinforced concrete piers and abutments all founded on concrete or timber piling. The entire bridge span is approximately 1,170 feet in length and the Average Daily Traffic (ADT) volume is approximately 15,700 vehicles per-day.

The Seventh Street Bridge is listed on the Caltrans Local Agency Bridge List with an extremely low sufficiency rating (5.1 on a scale of 0 to 100) because of structural and functional deficiencies. Although the bridge is currently considered structurally sound, there is significant spalling, advanced signs of alkali silica reaction, exposed and deteriorating steel reinforcing and considerable deflection at the cantilevered sections.

This bridge has been weight restricted to four tons gross load since 1979 and restricted from legal truck load weights since 1937.

The Seventh Street Bridge Replacement Project (Project) has been identified as a necessary improvement to correct hydraulic deficiencies, remove load restrictions, improve mobility along the Seventh Street corridor, and improve safety for motorists, pedestrians, and bicyclists.

The completed Project will have two standard-width travel lanes in each direction, a Class I multi-use path on the west side of the bridge, a standard sidewalk on the east side of the bridge, and five-foot-wide shoulders on each side of the bridge that will serve as Class II bicycle lanes. The Project includes modifications at the Seventh Street/B Street/Tuolumne Boulevard intersection and at Crows Landing Road at the Seventh Street intersection. Additionally, the Project includes the development of a new pedestrian plaza that would connect the new bridge with the proposed Tuolumne River Regional Park’s Gateway Parcel and to the Tuolumne River itself.

The Project costs will be shared by the COUNTY and CITY. Federal Higway Bridge Program (HBP) funding eligibility requirements and limitations will dictate the cost share across the following construction areas:
 Within HBP limits: Eligible bridge demolition, bridge construction, approach roadway construction, and associated elements. Cost will be split 88.53% federal #2..
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HBP funds and 11.47% local fund match, split 50%-50% between the COUNTY and CITY.
 Within HBP limits: Ineligible bridge demolition, bridge construction, approach roadway construction, and associated elements. Cost is 100% local funds, split 50%-50% between the COUNTY and CITY.
 Outside of HBP limits: South of bridge, including portions of Seventh Street, Crows Landing Road, and the intersection of Seventh Street and Crows Landing Road.

Cost 100% local funds, entirely the responsibility of the COUNTY.  Outside of HBP limits: North of bridge, including portions of Seventh Street, Tuolumne Blvd., B Street, the UPRR B Street Crossing, and the intersection of Seventh Street and Tuolumne Blvd and B Street. Cost is 100% local funds, entirely the responsibility of the CITY.
 Construction of a historical plaza within the Tuolumne River Regional Park (TRRP) at the northwest end of the bridge. Cost is 100% local funds, split 50%-50% between the COUNTY and CITY.
 Construction of a new CITY waterline from B Street to the north, installed within the new bridge crossing the Tuolumne River, crossing UPRR, to Janopaul Avenue to the south. Cost is 100% local funds, entirely the responsibility of the CITY.  Construction of a new maintenance entrance to the CITY treatment facility from Tuolumne Blvd. within TRRP at the northwest end of the bridge. Cost 100% local funds, entirely the responsibility of the CITY.

The work for these items consists of all elements included in the Conform Project Plans and Specifications dated December 3, 2025. Work includes, but is not limited to bridge removal and construction, roadway excavation, construction, and paving, street lighting, traffic signals, curb & gutter, sidewalk, landscaping, storm drain, sewer, waterline, and underground construction, traffic control, and environmental compliance.

In addition, the CITY will compensate the COUNTY for the programmed Construction Management/Engineering services budget of $9,262,297 at an amount divided proportionally between the various construction areas and shown in Exhibit C.

The COUNTY is acting as lead agency and will process and manage all segments of the project. COUNTY will direct and have the final project decisions and provide inspection services through COUNTY staff and the hired Construction Management firm of Dewberry Engineers, Inc. CITY will provide primary point of contact for construction related issues and may provide inspection and construction related reviews at the CITY’s cost. If there are unforeseen CITY costs, such as staff time and additional CITY inspections associated with HBP eligible costs, the Parties agree to negotiate within the project contingency to settle any differences.

The Project work will be substantially consistent with the scope of work identified in this Exhibit A and as shown in the Exhibit B Project Location Map, the Project Plans and #2..
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Specifications, and the Exhibit C Compensation Schedule prepared by Stanislaus County.

All questions, comments, and concerns regarding the CITY’s segment of the Project will be directed through the COUNTY’s construction project management team.

Additional Costs and Funding: The COUNTY and CITY will share the additional Project costs and funding as follows:

The COUNTY and CITY will be individually responsible for compensation due to Union Pacific Railroad (UPRR) per previously executed agreements with UPRR with each.

The COUNTY applied for and was awarded a Local Partnership Program – Competitive (LPP-C) grant from the California Transportation Commission (CTC) in the amount of $15,000,000 to be applied to the local match. The amount shall be split 50%-50% between COUNTY and CITY items. Amount will be applied at the COUNTY discretion and subtracted from progress payment invoices to the CITY.

Compensation Schedule: the COUNTY will invoice the CITY, and the CITY will pay their respective fair share costs, based on the cost sharing defined in Exhibit C, for Construction services including Construction, Construction Management/Engineering and Contingency costs. The COUNTY will provide progress payment invoices for review.

Upon request, the COUNTY shall provide the CITY with all documentation to support the costs identified in the invoice. The CITY will review and process progress payment invoices from the COUNTY and pay in full if approved by the CITY. In a timely manner, the CITY will pay and reimburse the COUNTY for their respective portion of the project.

Project Cost: Currently the Project construction cost is contracted to be $85,223,893.50. The total Project cost, inclusive of all items listed above, is $107,250,925 of which, the CITY portion shall not exceed $15,889,360. This amount was based on the contracted quantities and unit prices, programmed CE amounts, and UPRR agreement amounts and shall not be used for determining actual compensation due to the COUNTY.

The actual compensation due to the COUNTY shall be based on the actual construction and associated project support costs.
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EXHIBIT B

SEVENTH STREET BRIDGE REPLACEMENT OVER TUOLUMNE RIVER PROJECT

PROJECT LOCATION MAP
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New maintenance
entrance
Updated UPRR
Crossing
Updated
intersection/
signalization
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EXHIBIT C

SEVENTH STREET BRIDGE REPLACEMENT OVER TUOLUMNE RIVER PROJECT

COMPENSATION SCHEDULE
Total Federal (HBP) County City
HBP (Participating) $ 75,145,492 $ 66,526,304 $ 4,309,594 $ 4,309,594 CON 60,196,475 $ $ 53,291,939 $ 3,452,268 $ 3,452,268
CE (10% of funded) 6,542,269 $ $ 5,791,871 $ 375,199 $ 375,199 Contingency (10%) 6,019,648 $ $ 5,329,194 $ 345,227 $ 345,227 Below the Line 1,797,100 $ $ 1,590,973 $ 103,064 $ 103,064 RR Flagging 590,000 $ $ 522,327 $ 33,837 $ 33,837
Non-Participating (County) $ 12,770,647 $ 12,770,647
CON 10,565,763 $ $ 10,565,763
CE (10% of funded) 1,148,308 $ $ 1,148,308
Contingency (10%) 1,056,576 $ $ 1,056,576
RR Flagging $ - -$
Non-Participating (City) $ 17,589,541 $ 17,589,541
CON 14,461,655 $ $ 14,461,655
CE (10% of funded) 1,571,721 $ $ 1,571,721
Contingency (10%) 1,446,166 $ $ 1,446,166
RR Flagging 110,000 $ $ 110,000
Other Costs $ 1,745,245 $ 255,000 $ 1,490,245
UPRR Engineering 294,045 $ $ 255,000 $ 39,045
UPRR Construction 1,451,200 $ $ 1,451,200
Total Construction Costs $ 107,250,925 $ 66,526,304 $ 17,335,241 $ 23,389,380 Total County City
Total Construction Costs (from above) $ 40,724,621 $ 17,335,241 $ 23,389,380 Additional Funding:

Local Parnership Program- Competitive 15,000,000 $ $ 7,500,000 $ 7,500,000 Total Local Cost (cost less add'l funding) $ 25,724,621 $ 9,835,241 $ 15,889,380 Construction Costs
Local Costs and HBP Local Match Summary
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QTY HBP AMOUNT QTY COUNTY

AMOUNT QTY CITY AMOUNT
1 010409A REMOVE MAILBOX EA $600.00 0.00 $0.00 1.00 $600.00 0.00 $0.00 2 037971A REMOVE BOLLARD EA $375.00 20.00 $7,500.00 44.00 $16,500.00 0.00 $0.00 3 050000A CONSTRUCTION STAKING LS $100,000.00 1.00 $100,000.00 0.00 $0.00 0.00 $0.00 4 066105 RESIDENT ENGINEER'S OFFICE LS $150,000.00 0.00 $0.00 0.50 $75,000.00 0.50 $75,000.00 5 066610 PARTNERING LS $35,000.00 1.00 $35,000.00 0.00 $0.00 0.00 $0.00 6 070030 LEAD COMPLIANCE PLAN LS $10,000.00 0.50 $5,000.00 0.25 $2,500.00 0.25 $2,500.00 7 080050
PROGRESS SCHEDULE (LEVEL 2 CRITICAL PATH
METHOD) LS $35,000.00 1.00 $35,000.00 0.00 $0.00 0.00 $0.00 8 090105 TIME RELATED OVERHEAD WDAY $6,500.00 314.60 $2,044,900.00 62.70 $407,550.00 62.70 $407,550.00 9 090201A (Intentionally left blank)_1 LS $0.00 0.00 $0.00 0.00 $0.00 0.50 $0.00 10 090902A (Intentionally left blank)_2 LS $0.00 0.00 $0.00 0.00 $0.00 0.50 $0.00 11 100100 DEVELOP WATER SUPPLY LS $75,000.00 1.00 $75,000.00 0.00 $0.00 0.00 $0.00 12 120000A TEMPORARY TRAFFIC CONTROL LS $600,000.00 1.00 $600,000.00 0.00 $0.00 0.00 $0.00 13 125000A TEMPORARY TRANSIT SERVICE COORDINATION LS $10,000.00 1.00 $10,000.00 0.00 $0.00 0.00 $0.00 14 130100 JOB SITE MANAGEMENT LS $200,000.00 0.50 $100,000.00 0.25 $50,000.00 0.25 $50,000.00 15 130301 STORMWATER POLLUTION PREVENTION PLAN LS $3,000.00 0.50 $1,500.00 0.25 $750.00 0.25 $750.00 16 130310 RAIN EVENT ACTION PLAN EA $450.00 10.00 $4,500.00 10.00 $4,500.00 10.00 $4,500.00 17 130321 STORM WATER SAMPLING AND ANALYSIS DAY EA $465.00 10.00 $4,650.00 10.00 $4,650.00 10.00 $4,650.00 18 130331 STORM WATER ANNUAL REPORT EA $1,000.00 2.00 $2,000.00 0.00 $0.00 0.00 $0.00 19 130570 TEMPORARY COVER SQYD $5.00 5000.00 $25,000.00 2500.00 $12,500.00 2500.00 $12,500.00 20 130620 TEMPORARY DRAINAGE INLET PROTECTION EA $300.00 8.00 $2,400.00 11.00 $3,300.00 20.00 $6,000.00 21 130640 TEMPORARY FIBER ROLL LF $9.00 375.00 $3,375.00 0.00 $0.00 770.00 $6,930.00 22 130710 TEMPORARY CONSTRUCTION ENTRANCE EA $9,000.00 3.00 $27,000.00 0.00 $0.00 0.00 $0.00 23 130730 STREET SWEEPING LS $175,000.00 0.50 $87,500.00 0.25 $43,750.00 0.25 $43,750.00 24 130900 TEMPORARY CONCRETE WASHOUT LS $50,000.00 1.00 $50,000.00 0.00 $0.00 0.00 $0.00 25 131103 WATER QUALITY SAMPLING AND ANALYSIS DAY EA $1,100.00 120.00 $132,000.00 0.00 $0.00 0.00 $0.00 26 131104 WATER QUALITY MONITORING REPORT EA $465.00 36.00 $16,740.00 0.00 $0.00 0.00 $0.00 27 131105 WATER QUALITY ANNUAL REPORT EA $1,000.00 2.00 $2,000.00 0.00 $0.00 0.00 $0.00 28 140000A UPRR RAIL STRUCTURE MONITORING LS $250,000.00 1.00 $250,000.00 0.00 $0.00 0.00 $0.00 29 141100A DUST CONTROL LS $75,000.00 1.00 $75,000.00 0.00 $0.00 0.00 $0.00 30 141110 WORK AREA MONITORING (BRIDGE) LS $82,000.00 1.00 $82,000.00 0.00 $0.00 0.00 $0.00 31 142000A INTERPRETIVE DISPLAY BOARDS LS $6,000.00 0.00 $0.00 0.50 $3,000.00 0.50 $3,000.00 32 146002 CONTRACTOR-SUPPLIED BIOLOGIST (LS) LS $450,000.00 1.00 $450,000.00 0.00 $0.00 0.00 $0.00 33 146004 FISH PROTECTION LS $25,000.00 1.00 $25,000.00 0.00 $0.00 0.00 $0.00 34 146008A SPILL RESPONSE PLAN LS $4,000.00 1.00 $4,000.00 0.00 $0.00 0.00 $0.00 35 146009A CONTRACTOR-SUPPLIED PALEONTOLOGIST LS $150,000.00 1.00 $150,000.00 0.00 $0.00 0.00 $0.00 36 148005 NOISE MONITORING LS $40,000.00 1.00 $40,000.00 0.00 $0.00 0.00 $0.00 37 150000A RE-ESTABLISH MONUMENT EA $2,800.00 6.00 $16,800.00 1.00 $2,800.00 9.00 $25,200.00 38 150812A REMOVE PIPE LF $52.00 212.00 $11,024.00 398.00 $20,696.00 480.00 $24,960.00 39 150813A REMOVE PIPE (SEWER) LF $86.00 80.00 $6,880.00 0.00 $0.00 0.00 $0.00 40 150824A REMOVE SEWER MANHOLE EA $19,000.00 2.00 $38,000.00 0.00 $0.00 0.00 $0.00 41 153122 REMOVE CONCRETE SF $6.00 964.00 $5,784.00 5302.00 $31,812.00 17834.00 $107,004.00 42 153248 REMOVE CONCRETE (MISCELLANEOUS) (SQFT) SQFT $18.00 0.00 $0.00 0.00 $0.00 765.00 $13,770.00 43 160110 TEMPORARY HIGH-VISIBILITY FENCE LF $8.00 3280.00 $26,240.00 0.00 $0.00 0.00 $0.00 44 170103 CLEARING AND GRUBBING LS $110,000.00 0.50 $55,000.00 0.25 $27,500.00 0.25 $27,500.00 45 172000A REMOVE TREE EA $2,000.00 45.00 $90,000.00 10.00 $20,000.00 12.00 $24,000.00 46 190101 ROADWAY EXCAVATION CY $145.00 530.00 $76,850.00 3305.00 $479,225.00 6875.00 $996,875.00 47 190105 ROADWAY EXCAVATION (TYPE Z-2) (ADL) CY $232.00 1307.00 $303,224.00 4156.00 $964,192.00 0.00 $0.00 48 192003 STRUCTURE EXCAVATION (BRIDGE) CY $200.00 1850.00 $370,000.00 0.00 $0.00 0.00 $0.00 49 192037 STRUCTURE EXCAVATION (RETAINING WALL) CY $150.00 475.00 $71,250.00 0.00 $0.00 0.00 $0.00 50 192100A

STRUCTURE EXCAVATION (RETAINING WALL),
CANTICRETE CY $95.00 0.00 $0.00 100.00 $9,500.00 100.00 $9,500.00 51 192101A

STRUCTURE EXCAVATION (RETAINING WALL),
LOADING DOCK CY $100.00 0.00 $0.00 0.00 $0.00 65.00 $6,500.00 52 193003 STRUCTURE BACKFILL (BRIDGE) CY $200.00 670.00 $134,000.00 0.00 $0.00 0.00 $0.00 53 193013 STRUCTURE BACKFILL (RETAINING WALL) CY $125.00 483.00 $60,375.00 0.00 $0.00 0.00 $0.00 54 193100A STRUCTURE BACKFILL (RETAINING WALL), CY $190.00 0.00 $0.00 157.50 $29,925.00 157.50 $29,925.00 55 193101A

STRUCTURE BACKFILL (RETAINING WALL), LOADING
DOCK CY $1,200.00 0.00 $0.00 0.00 $0.00 3.00 $3,600.00
56 198010 IMPORTED BORROW CY $55.00 11914.00 $655,270.00 0.00 $0.00 0.00 $0.00 57 198012A IMPORTED BORROW (SEWER MAINTENANCE DW) CY $50.00 0.00 $0.00 0.00 $0.00 3725.00 $186,250.00 58 202006 SOIL AMENDMENT SF $1.00 0.00 $0.00 1172.50 $1,172.50 1172.50 $1,172.50 59 202026

RELOCATE BACKFLOW PREVENTER ASSEMBLY
(INCLUDING RE-CERTIFICATION) EA $2,500.00 0.00 $0.00 0.50 $1,250.00 0.50 $1,250.00 60 202027 RELOCATE WATER METER (1.5") EA $6,000.00 0.00 $0.00 0.50 $3,000.00 0.50 $3,000.00 61 202039A FERTILIZER LS $150.00 0.00 $0.00 0.50 $75.00 0.50 $75.00 62 203100 SOIL TESTING EA $300.00 0.00 $0.00 0.50 $150.00 0.50 $150.00 63 204035 PLANT (GROUP A) (NO. 1) -1 Gallon EA $15.00 0.00 $0.00 52.50 $787.50 52.50 $787.50 64 204036 PLANT (GROUP B) (NO. 5) -5 Gallon EA $40.00 0.00 $0.00 40.00 $1,600.00 40.00 $1,600.00 65 204038 PLANT (GROUP U) (NO. 15) -15 Gallon EA $155.00 0.00 $0.00 20.50 $3,177.50 20.50 $3,177.50 66 204099 PLANT ESTABLISHMENT WORK (ENGMET) (180 days) WDAY $335.00 0.00 $0.00 90.00 $30,150.00 90.00 $30,150.00 67 205030A DECOMPOSED GRANITE (CP TRAIL) SF $6.00 650.00 $3,900.00 650.00 $3,900.00 0.00 $0.00 68 205034 DECOMPOSED GRANITE SF $5.00 0.00 $0.00 0.00 $0.00 2920.00 $14,600.00 69 205035 WOOD MULCH CY $190.00 0.00 $0.00 8.50 $1,615.00 8.50 $1,615.00 70 205062 ROOT BARRIER (ENGMET) LF $15.00 0.00 $0.00 135.00 $2,025.00 135.00 $2,025.00 71 205510A BENCH EA $5,000.00 0.00 $0.00 3.50 $17,500.00 3.50 $17,500.00 72 205520A TRASH AND RECYCLYING RECEPTACLE EA $3,600.00 0.00 $0.00 3.00 $10,800.00 3.00 $10,800.00 73 205530A BIKE RACK EA $1,500.00 0.00 $0.00 0.50 $750.00 0.50 $750.00 74 205540A REMOVABLE BOLLARD (PLAZA) EA $2,750.00 0.00 $0.00 2.00 $5,500.00 2.00 $5,500.00 75 205551A UPLIGHT EA $3,500.00 0.00 $0.00 2.00 $7,000.00 2.00 $7,000.00 76 205552A PEDESTRIAN POLE LIGHT EA $16,000.00 0.00 $0.00 4.00 $64,000.00 4.00 $64,000.00 77 205560A LANDSCAPE GRAVITY WALL LF $1,250.00 0.00 $0.00 31.50 $39,375.00 31.50 $39,375.00 78 205571A

SALVAGED OBELISK WITH BASE (BASE, FOOTING, &
INSTALLATION) EA $30,000.00 0.00 $0.00 0.50 $15,000.00 0.50 $15,000.00 79 205572A SALVAGED OBELISK (FOOTING, & INSTALLATION) EA $30,000.00 0.00 $0.00 2.00 $60,000.00 2.00 $60,000.00 80 205573A SALVAGED BRIDGE RAILING (FOOTING, EA $15,000.00 0.00 $0.00 1.50 $22,500.00 1.50 $22,500.00 81 205574A HISTORIC LANTERN ON PEDESTAL, INCLUDING EA $30,000.00 0.00 $0.00 1.00 $30,000.00 1.00 $30,000.00 82 205611A

PLAZA CONCRETE PAVEMENT - (ON GRADE,
INTEGRAL COLORS, AGGREGATE BASE INCLUDED) SF $22.00 0.00 $0.00 4360.00 $95,920.00 4360.00 $95,920.00 83 205613A PLANTER CURB LF $50.00 0.00 $0.00 47.00 $2,350.00 47.00 $2,350.00 84 206560 CONTROL AND NEUTRAL CONDUCTORS LS $32,000.00 0.00 $0.00 0.50 $16,000.00 0.50 $16,000.00 85 206562 1" REMOTE CONTROL VALVE ASSEMBLY EA $555.00 0.00 $0.00 3.50 $1,942.50 3.50 $1,942.50 86 206564 1 1/2" REMOTE CONTROL VALVE ASSEMBLY EA $655.00 0.00 $0.00 0.50 $327.50 0.50 $327.50 87 206922 TWO-WIRE IRRIGATION CONTROLLER EA $13,000.00 0.00 $0.00 0.50 $6,500.00 0.50 $6,500.00 88 207054 1 1/2" COPPER PIPE (SUPPLY LINE) LF $300.00 0.00 $0.00 17.00 $5,100.00 17.00 $5,100.00 89 208301 IRRIGATION CONTROLLER ENCLOSURE CABINET EA $13,000.00 0.00 $0.00 0.50 $6,500.00 0.50 $6,500.00 90 208302A

TYPE III-AF SERVICE EQUIPMENT ENCLOSURE FOR
IRRIGATION EA $4,000.00 0.00 $0.00 0.50 $2,000.00 0.50 $2,000.00 91 208303A MASTER VALVE WITH FLOW SENSOR EA $3,000.00 0.00 $0.00 0.50 $1,500.00 0.50 $1,500.00 92 208445 TREE WELL SPRINKLER ASSEMBLY EA $255.00 0.00 $0.00 20.50 $5,227.50 20.50 $5,227.50 93 208448 RISER SPRINKLER ASSEMBLY (SHRUB BUBBLER) EA $35.00 0.00 $0.00 92.50 $3,237.50 92.50 $3,237.50 94 208588 3" GATE VALVE ASSEMBLY EA $1,600.00 0.00 $0.00 1.50 $2,400.00 1.50 $2,400.00 95 208594 3/4" PLASTIC PIPE (SCHEDULE 40) LF $5.00 0.00 $0.00 699.50 $3,497.50 699.50 $3,497.50 96 208595 1" PLASTIC PIPE (SCHEDULE 40) LF $5.00 0.00 $0.00 173.50 $867.50 173.50 $867.50 97 208597 1 1/2" PLASTIC PIPE (SCHEDULE 40) LF $6.00 0.00 $0.00 161.00 $966.00 161.00 $966.00 98 208607 3" PLASTIC PIPE (CLASS 315) LF $11.00 0.00 $0.00 148.50 $1,633.50 148.50 $1,633.50 99 208640 PRESSURE REGULATING VALVE ASSEMBLY EA $800.00 0.00 $0.00 1.00 $800.00 1.00 $800.00 100 208649 QUICK COUPLING VALVE EA $755.00 0.00 $0.00 2.00 $1,510.00 2.00 $1,510.00 HBP Participating Non-HBP Participating
NO. CONTRACT ITEMS UNIT UNIT PRICE ITEM
CODE

COST SHARING
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101 208690 PVC PIPE CONDUIT (SLEEVE) LF $30.00 0.00 $0.00 60.00 $1,800.00 60.00 $1,800.00 102 210430 HYDROSEED - (SEEDS, SLURRY MIX AND SF $1.00 13317.70 $13,317.70 61506.41 $61,506.41 55975.88 $55,975.88 103 210431A HYDROSEED - ROADSIDE CLEARING SF $0.40 0.00 $0.00 65400.00 $26,160.00 65400.00 $26,160.00 104 210432A HYDROSEED - TEMPORARY IRRIGATION SF $0.45 13317.70 $5,992.97 61506.42 $27,677.89 55975.88 $25,189.15 105 250401 CLASS 4 AGGREGATE BASE (SEWER MAINTENANCE CY $265.00 0.00 $0.00 0.00 $0.00 110.00 $29,150.00 106 260203 CLASS 2 AGGREGATE BASE CY $25.00 776.00 $19,400.00 5422.00 $135,550.00 4526.00 $113,150.00 107 260204A CLASS 2 AGGREGATE BASE (CP TRAIL) CY $235.00 70.00 $16,450.00 70.00 $16,450.00 0.00 $0.00 108 377501 SLURRY SEAL SF $10.00 0.00 $0.00 0.00 $0.00 14450.00 $144,500.00 109 390132 HOT MIX ASPHALT (TYPE A) TON $77.00 1517.00 $116,809.00 4762.00 $366,674.00 5781.00 $445,137.00 110 394073 PLACE HOT MIX ASPHALT DIKE (TYPE A) LF $115.00 0.00 $0.00 135.00 $15,525.00 0.00 $0.00 111 398001 REMOVE ASPHALT CONCRETE PAVEMENT SF $5.50 1000.00 $5,500.00 13462.00 $74,041.00 8245.00 $45,347.50 112 405000A PERVIOUS CONCRETE PAVEMENT (CP TRAIL) CY $1,000.00 40.00 $40,000.00 45.00 $45,000.00 0.00 $0.00 113 405001A

PERVIOUS CONCRETE PAVEMENT (SEWER
MAINTENANCE DW) CY $900.00 0.00 $0.00 0.00 $0.00 110.00 $99,000.00 114 477020 MECHANICALLY STABILIZED EMBANKMENT SF $165.00 3890.00 $641,850.00 0.00 $0.00 0.00 $0.00 115 481000A TEMPORARY TRESTLE LS $1,750,000.00 1.00 $1,750,000.00 0.00 $0.00 0.00 $0.00 116 490605 36" CAST-IN-DRILLED-HOLE CONCRETE PILING LF $580.00 1283.00 $744,140.00 0.00 $0.00 0.00 $0.00 117 490620 108" CAST-IN-DRILLED-HOLE CONCRETE PILING LF $2,400.00 2390.37 $5,736,877.92 109.32 $262,361.04 109.32 $262,361.04 118 500001 PRESTRESSING CAST-IN-PLACE CONCRETE LS $700,000.00 1.00 $700,000.00 0.00 $0.00 0.00 $0.00 119 510000 SEAL COURSE CONCRETE CY $300.00 95.00 $28,500.00 0.00 $0.00 0.00 $0.00 120 510000A CONSTRUCT 48" STORM DRAIN MANHOLE EA $19,000.00 3.89 $73,888.89 2.33 $44,333.33 0.78 $14,777.78 121 510001A CONSTRUCT 72" STORM DRAIN MANHOLE EA $25,000.00 3.00 $75,000.00 0.00 $0.00 4.00 $100,000.00 122 510002A CONSTRUCT COUNTY STORM DRAIN INLET (TYPE GO) EA $7,500.00 0.00 $0.00 5.00 $37,500.00 0.00 $0.00 123 510003A CONSTRUCT CITY STORM DRAIN INLET (TYPE I) EA $8,000.00 0.00 $0.00 0.00 $0.00 11.00 $88,000.00 124 510004A CONSTRUCT CALTRANS STORM DRAIN INLET (TYPE EA $6,000.00 3.00 $18,000.00 0.00 $0.00 0.00 $0.00 125 510051 STRUCTURAL CONCRETE, BRIDGE FOOTING CY $750.00 183.99 $137,994.45 29.00 $21,752.78 29.00 $21,752.78 126 510053 STRUCTURAL CONCRETE, BRIDGE CY $1,957.00 7632.08 $14,935,970.78 308.96 $604,639.61 308.96 $604,639.61 127 510054 STRUCTURAL CONCRETE, BRIDGE (POLYMER FIBER) CY $1,400.00 2790.00 $3,906,000.00 0.00 $0.00 0.00 $0.00 128 510060 STRUCTURAL CONCRETE, RETAINING WALL CY $1,600.00 113.00 $180,800.00 0.00 $0.00 0.00 $0.00 129 510072 STRUCTURAL CONCRETE, BARRIER SLAB CY $1,000.00 363.00 $363,000.00 0.00 $0.00 0.00 $0.00 130 510086 STRUCTURAL CONCRETE, APPROACH SLAB (TYPE N) CY $1,300.00 94.01 $122,207.54 36.00 $46,796.23 36.00 $46,796.23 131 510088

STRUCTURAL CONCRETE, APPROACH SLAB (TYPE N
MODIFIED) CY $1,500.00 130.00 $195,000.00 0.00 $0.00 0.00 $0.00 132 510100A STRUCTURAL CONCRETE, CANTICRETE STRUCTURE CY $1,750.00 0.00 $0.00 100.00 $175,000.00 100.00 $175,000.00 133 510101A

STRUCTURAL CONCRETE, RETAINING WALL,
CANTICRETE CY $1,800.00 0.00 $0.00 50.00 $90,000.00 50.00 $90,000.00 134 510102A STRUCTURAL CONCRETE, BRIDGE, WATER LINE CY $2,450.00 0.00 $0.00 0.00 $0.00 1.00 $2,450.00 135 510103A

STRUCTURAL CONCRETE, RETAINING WALL,
LOADING DOCK CY $3,700.00 0.00 $0.00 0.00 $0.00 4.00 $14,800.00 136 510150A BRIDGEHEAD MONUMENT PEDESTAL EA $44,000.00 0.00 $0.00 1.00 $44,000.00 1.00 $44,000.00 137 510502 MINOR CONCRETE (MINOR STRUCTURE) CY $2,225.00 50.00 $111,250.00 0.00 $0.00 0.00 $0.00 138 511035A ARCHITECTURAL TREATMENT SF $62.00 0.00 $0.00 232.50 $14,415.00 232.50 $14,415.00 139 511055 CONCRETE SURFACE TEXTURE SF $3.00 0.00 $0.00 2715.00 $8,145.00 2715.00 $8,145.00 140 511111 DRILL AND BOND DOWEL (CHEMICAL ADHESIVE)(LF) LF $40.00 0.00 $0.00 96.00 $3,840.00 96.00 $3,840.00 141 511112A

DRILL AND BOND DOWEL (CHEMICAL ADHESIVE)(LF),
LOADING DOCK LF $300.00 0.00 $0.00 0.00 $0.00 2.00 $600.00 142 512100A FURNISH PRECAST CONCRETE REPLICA ARCH LS $85,000.00 0.00 $0.00 0.50 $42,500.00 0.50 $42,500.00 143 512400A ERECT PRECAST REPLICA ARCH LS $50,000.00 0.00 $0.00 0.50 $25,000.00 0.50 $25,000.00 144 518051 PTFE SPHERICAL BEARING EA $15,555.00 9.00 $139,995.00 0.00 $0.00 0.00 $0.00 145 519088 JOINT SEAL (MR 1") LF $635.00 0.00 $0.00 1.25 $793.75 1.25 $793.75 146 519096 JOINT SEAL ASSEMBLY (MR 4.5") LF $2,000.00 158.00 $316,002.60 25.25 $50,498.70 25.25 $50,498.70 147 519108A JOINT SEAL ASSEMBLY (MR 11") LF $3,700.00 79.00 $292,300.00 0.00 $0.00 0.00 $0.00 148 520000A WELDED WIRE REINFORCEMENT SF $3.00 0.00 $0.00 920.00 $2,760.00 0.00 $0.00 149 520001A

BAR REINFORCING STEEL (RETAINING WALL),
LOADING DOCK LB $5.00 0.00 $0.00 0.00 $0.00 160.00 $800.00 150 520102 BAR REINFORCING STEEL (BRIDGE) LB $1.25 3170573.00 $3,963,216.25 59713.50 $74,641.88 59713.50 $74,641.88 151 520103 BAR REINFORCING STEEL (RETAINING WALL) LB $1.30 15100.00 $19,630.00 0.00 $0.00 0.00 $0.00 152 520104A

BAR REINFORCING STEEL (RETAINING WALL),
CANTICRETE LB $1.40 0.00 $0.00 6315.00 $8,841.00 6315.00 $8,841.00 153 520105A BAR REINFORCING STEEL (BRIDGE), WATER LINE LB $1.50 0.00 $0.00 0.00 $0.00 400.00 $600.00 154 520115 BAR REINFORCING STEEL (GALVANIZED) LB $2.00 24300.00 $48,600.00 0.00 $0.00 0.00 $0.00 155 520200A BAR REINFORCING STEEL, CANTICRETE STRUCTURE LB $1.50 0.00 $0.00 14750.00 $22,125.00 14750.00 $22,125.00 156 568046 REMOVE SIGN STRUCTURE (EA) EA $8,000.00 0.00 $0.00 1.00 $8,000.00 0.00 $0.00 157 568062 PEDESTRIAN BARRICADE EA $4,000.00 0.00 $0.00 3.00 $12,000.00 3.00 $12,000.00 158 600000A RELOCATE BRIDGE ELEMENTS (HISTORIC) LS $3,000,000.00 0.00 $0.00 0.50 $1,500,000.00 0.50 $1,500,000.00 159 600017 REMOVE RETAINING WALL (LF) LF $240.00 145.00 $34,800.00 0.00 $0.00 0.00 $0.00 160 600097 BRIDGE REMOVAL LS $5,000,000.00 1.00 $5,000,000.00 0.00 $0.00 0.00 $0.00 161 600100A RELOCATE ADDITIONAL BRIDGE ELEMENTS EA $60,000.00 0.00 $0.00 5.00 $300,000.00 5.00 $300,000.00 162 650065A 96" REINFORCED CONCRETE PIPE (CLASS IV) LF $1,250.00 140.00 $175,000.00 0.00 $0.00 0.00 $0.00 163 650307 12" REINFORCED CONCRETE PIPE (CLASS III) LF $110.00 85.00 $9,350.00 0.00 $0.00 495.00 $54,450.00 164 650311 18" REINFORCED CONCRETE PIPE (CLASS III) LF $130.00 65.47 $8,510.47 425.02 $55,252.56 72.52 $9,426.98 165 650316 24" REINFORCED CONCRETE PIPE (CLASS III) LF $160.00 0.00 $0.00 93.00 $14,880.00 0.00 $0.00 166 650324 36" REINFORCED CONCRETE PIPE (CLASS III) LF $255.00 50.00 $12,750.00 0.00 $0.00 0.00 $0.00 167 650411 18" REINFORCED CONCRETE PIPE (CLASS IV) LF $130.00 30.00 $3,900.00 0.00 $0.00 80.00 $10,400.00 168 650416 24" REINFORCED CONCRETE PIPE (CLASS IV) LF $165.00 450.00 $74,250.00 0.00 $0.00 0.00 $0.00 169 650424 36" REINFORCED CONCRETE PIPE (CLASS IV) LF $260.00 95.00 $24,700.00 0.00 $0.00 0.00 $0.00 170 650528 42" REINFORCED CONCRETE PIPE (CLASS V) LF $185.00 45.00 $8,325.00 0.00 $0.00 0.00 $0.00 171 680902A 6" PERFORATED HDPE PIPE UNDERDRAIN LF $115.00 0.00 $0.00 0.00 $0.00 238.00 $27,370.00 172 700000A ROCKWELLS EA $7,000.00 0.00 $0.00 0.00 $0.00 2.00 $14,000.00 173 703460 24" WELDED STEEL PIPE CASING (BRIDGE) LF $500.00 0.00 $0.00 0.00 $0.00 91.00 $45,500.00 174 705204 18" CONCRETE FLARED END SECTION EA $4,600.00 0.00 $0.00 1.00 $4,600.00 0.00 $0.00 175 707117 36" PRECAST CONCRETE PIPE INLET EA $10,000.00 1.00 $10,000.00 1.00 $10,000.00 0.00 $0.00 176 710102 ABANDON CULVERT (LF) LF $205.00 353.00 $72,365.00 0.00 $0.00 0.00 $0.00 177 710150 REMOVE INLET EA $1,550.00 2.00 $3,100.00 4.00 $6,200.00 6.00 $9,300.00 178 710156A REMOVE MANHOLE EA $14,000.00 2.00 $28,000.00 0.00 $0.00 4.00 $56,000.00 179 710162 REMOVE DRAINAGE JUNCTION STRUCTURE EA $21,000.00 1.00 $21,000.00 0.00 $0.00 0.00 $0.00 180 710208 ADJUST FRAME AND COVER TO GRADE EA $1,050.00 7.00 $7,350.00 0.00 $0.00 14.00 $14,700.00 181 710370 SAND BACKFILL CY $405.00 85.00 $34,425.00 0.00 $0.00 0.00 $0.00 182 721810 SLOPE PAVING (CONCRETE) CY $4,100.00 40.00 $164,000.00 5.00 $20,500.00 5.00 $20,500.00 183 723075
ROCK SLOPE PROTECTION (150 lb, CLASS III, METHOD
B) (TON) TON $265.00 0.00 $0.00 21.75 $5,763.75 21.75 $5,763.75 184 723095 ROCK SLOPE PROTECTION (20 lb, Class I, METHOD B) CY $310.00 34.00 $10,540.00 0.00 $0.00 0.00 $0.00 185 729011 ROCK SLOPE PROTECTION FABRIC (CLASS 8) SQYD $22.00 83.00 $1,826.00 0.00 $0.00 0.00 $0.00 186 730070 DETECTABLE WARNING SURFACE SF $55.00 55.00 $3,025.00 180.00 $9,900.00 365.00 $20,075.00 187 731515A MINOR CONCRETE (STAMPED CONCRETE) CY $1,050.00 41.00 $43,050.00 59.00 $61,950.00 144.00 $151,200.00 188 732000A MINOR CONCRETE (MEDIAN THRU DRAINS) CY $1,450.00 4.00 $5,800.00 0.00 $0.00 0.00 $0.00 189 732001A MINOR CONCRETE (RETAINING AND MEDIAN CURB) CY $1,550.00 63.00 $97,650.00 21.00 $32,550.00 75.00 $116,250.00 190 732002A MINOR CONCRETE (COUNTY CURB AND GUTTER) CY $1,100.00 0.00 $0.00 78.00 $85,800.00 0.00 $0.00 191 732003A MINOR CONCRETE (CITY CURB AND GUTTER) CY $1,150.00 16.00 $18,400.00 0.00 $0.00 129.00 $148,350.00 192 733001A MINOR CONCRETE (BUS BAY) CY $800.00 0.00 $0.00 44.00 $35,200.00 0.00 $0.00 193 733002A MINOR CONCRETE (SEWER MAINTENANCE DW) CY $900.00 0.00 $0.00 0.00 $0.00 60.00 $54,000.00 194 733003A MINOR CONCRETE (COUNTY DRIVEWAY) CY $1,300.00 0.00 $0.00 21.00 $27,300.00 0.00 $0.00 195 733004A MINOR CONCRETE (CITY DRIVEWAY) SF $225.00 3.00 $675.00 0.00 $0.00 75.00 $16,875.00 196 733005A MINOR CONCRETE (COUNTY SIDEWALK) CY $820.00 0.00 $0.00 102.00 $83,640.00 0.00 $0.00 197 733006A MINOR CONCRETE (CITY SIDEWALK) CY $900.00 26.00 $23,400.00 0.00 $0.00 146.00 $131,400.00 198 733007A MINOR CONCRETE (COUNTY VALLEY GUTTER) CY $750.00 0.00 $0.00 25.00 $18,750.00 0.00 $0.00 199 733008A MINOR CONCRETE (CITY VALLEY GUTTER) CY $700.00 0.00 $0.00 0.00 $0.00 11.00 $7,700.00 200 750000A FLAGPOLE EA $17,000.00 0.00 $0.00 1.00 $17,000.00 1.00 $17,000.00 201 750001 MISCELLANEOUS IRON AND STEEL LB $6.00 6360.00 $38,160.00 0.00 $0.00 0.00 $0.00 202 750001A BUILDER'S PLAQUES LS $35,000.00 0.00 $0.00 0.50 $17,500.00 0.50 $17,500.00 203 750041 ISOLATION CASING LB $4.00 163100.00 $652,400.00 0.00 $0.00 0.00 $0.00 204 750501 MISCELLANEOUS METAL (BRIDGE) LB $13.00 32400.00 $421,200.00 0.00 $0.00 0.00 $0.00 205 750505 BRIDGE DECK DRAINAGE SYSTEM LB $14.00 88110.00 $1,233,540.00 0.00 $0.00 0.00 $0.00 206 750510A MISCELLANEOUS METAL (BRIDGE), CANTICRETE LB $35.00 0.00 $0.00 850.00 $29,750.00 850.00 $29,750.00 207 750511A MISCELLANEOUS METAL (BRIDGE), WATER LINE LB $23.00 0.00 $0.00 0.00 $0.00 22500.00 $517,500.00 #2..
- 31 -
208 770011A SIGNAL AND LIGHTING (CITY) LS $820,000.00 0.15 $126,854.00 0.00 $0.00 0.85 $693,146.00 209 770012A SIGNAL AND LIGHTING (COUNTY) LS $675,000.00 0.00 $0.00 1.00 $675,000.00 0.00 $0.00 210 770091A LIGHTING (CITY STREET) LS $2,000,000.00 0.40 $792,300.00 0.22 $449,238.79 0.38 $758,461.21 211 770092A LIGHTING (COUNTY STREET) LS $170,000.00 0.00 $0.00 1.00 $170,000.00 0.00 $0.00 212 770093A HISTORIC PLAZA LIGHTING LS $110,000.00 0.00 $0.00 0.50 $55,000.00 0.50 $55,000.00 213 771000A 24" PVC LF $1,600.00 46.00 $73,600.00 0.00 $0.00 0.00 $0.00 214 771001A 36" FRP LF $1,100.00 120.00 $132,000.00 0.00 $0.00 0.00 $0.00 215 772000A 48" FRP LF $2,225.00 171.00 $380,475.00 0.00 $0.00 0.00 $0.00 216 772500A 36" FRP DROP MANHOLE CONNECTION EA $90,000.00 1.00 $90,000.00 0.00 $0.00 0.00 $0.00 217 773000A CONSTRUCT SANITARY SEWER MANHOLE EA $42,000.00 4.00 $168,000.00 0.00 $0.00 0.00 $0.00 218 774000A TEMPORARY SANITARY SEWER BYPASS LS $450,000.00 1.00 $450,000.00 0.00 $0.00 0.00 $0.00 219 775000A 12" C-900 DR-14 PVC PIPE LF $175.00 0.00 $0.00 0.00 $0.00 1230.00 $215,250.00 220 775001A 16" C-900 DR-14 PVC PIPE LF $195.00 0.00 $0.00 0.00 $0.00 1510.00 $294,450.00 221 775002A 16" C-151 CLASS 350 DUCTILE IRON PIPE LF $375.00 0.00 $0.00 0.00 $0.00 1630.00 $611,250.00 222 775003A 12" D.I. MJ 45 DEGREE BEND EA $1,650.00 0.00 $0.00 0.00 $0.00 4.00 $6,600.00 223 775004A 12" D.I. MJ 22.5 DEGREE BEND EA $1,450.00 0.00 $0.00 0.00 $0.00 5.00 $7,250.00 224 775005A 10" D.I. MJ TEE EA $3,900.00 0.00 $0.00 0.00 $0.00 1.00 $3,900.00 225 775006A 12" D.I. MJ TEE EA $2,225.00 0.00 $0.00 0.00 $0.00 1.00 $2,225.00 226 775007A 16" D.I. MJ TEE EA $5,100.00 0.00 $0.00 0.00 $0.00 1.00 $5,100.00 227 775008A 16"X12" D.I. MJ TEE REDUCING ON BRANCH EA $3,600.00 0.00 $0.00 0.00 $0.00 3.00 $10,800.00 228 775009A 16" D.I. MJ 45 DEGREE BEND EA $3,100.00 0.00 $0.00 0.00 $0.00 24.00 $74,400.00 229 775010A 16" TO 12" D.I. MJ REDUCER EA $2,400.00 0.00 $0.00 0.00 $0.00 1.00 $2,400.00 230 775011A 16" TO 10" D.I. MJ REDUCER EA $2,400.00 0.00 $0.00 0.00 $0.00 1.00 $2,400.00 231 775012A 10" TO 6" D.I. MJ REDUCER EA $1,100.00 0.00 $0.00 0.00 $0.00 1.00 $1,100.00 232 775013A 16" D.I. MJ 11.25 DEGREE BEND EA $1,700.00 0.00 $0.00 0.00 $0.00 2.00 $3,400.00 233 775014A 16" D.I. MJ 22.5 DEGREE BEND EA $1,650.00 0.00 $0.00 0.00 $0.00 2.00 $3,300.00 234 775015A 18" D.I. TEE EA $19,000.00 0.00 $0.00 0.00 $0.00 1.00 $19,000.00 235 775016A 18" TO 16" D.I. REDUCER EA $4,000.00 0.00 $0.00 0.00 $0.00 1.00 $4,000.00 236 775017A 12" BLIND FLANGE EA $3,000.00 0.00 $0.00 0.00 $0.00 4.00 $12,000.00 237 775018A 18" DI TAPPING SLEEVE LS $19,000.00 0.00 $0.00 0.00 $0.00 1.00 $19,000.00 238 775019A THRUST BLOCK EA $510.00 0.00 $0.00 0.00 $0.00 51.00 $26,010.00 239 775020A FIRE HYDRANT ASSEMBLY EA $20,000.00 0.00 $0.00 0.00 $0.00 13.00 $260,000.00 240 775021A 16" D.I. FLEXIBLE BALL JOINT EA $18,000.00 0.00 $0.00 0.00 $0.00 4.00 $72,000.00 241 775022A
16" D.I. FORCE BALANCED FLEXIBLE EXPANSION
JOINT (FE X FE) EA $32,000.00 0.00 $0.00 0.00 $0.00 2.00 $64,000.00 242 775023A
16" D.I. FORCE BALANCED LINEAR EXPANSION JOINT
(FE X FE) EA $26,000.00 0.00 $0.00 0.00 $0.00 1.00 $26,000.00 243 775024A 16" RESTRAINED COUPLING EA $2,500.00 0.00 $0.00 0.00 $0.00 10.00 $25,000.00 244 775025A 12" RESTRAINED COUPLING EA $910.00 0.00 $0.00 0.00 $0.00 1.00 $910.00 245 775026A AIR VACUUM RELIEF VALVE EA $5,600.00 0.00 $0.00 0.00 $0.00 3.00 $16,800.00 246 775027A 18" GATE VALVE EA $26,000.00 0.00 $0.00 0.00 $0.00 2.00 $52,000.00 247 775028A 16" GATE VALVE EA $16,000.00 0.00 $0.00 0.00 $0.00 10.00 $160,000.00 248 775029A 12" GATE VALVE EA $7,000.00 0.00 $0.00 0.00 $0.00 8.00 $56,000.00 249 775030A 10" GATE VALVE EA $5,100.00 0.00 $0.00 0.00 $0.00 2.00 $10,200.00 250 775031A 6" GATE VALVE EA $2,600.00 0.00 $0.00 0.00 $0.00 1.00 $2,600.00 251 775032A BORE AND JACK 24-INCH PIPE LF $1,200.00 0.00 $0.00 0.00 $0.00 106.00 $127,200.00 252 775033A STEEL CASING SPACERS (WATER LINE) EA $150.00 0.00 $0.00 0.00 $0.00 35.00 $5,250.00 253 775034A STEEL CASING END SEAL EA $500.00 0.00 $0.00 0.00 $0.00 2.00 $1,000.00 254 776000A REMOVABLE BOLLARD EA $4,500.00 0.00 $0.00 5.00 $22,500.00 3.00 $13,500.00 255 777000A STEEL CASING SPACERS (STORM DRAIN) EA $800.00 4.00 $3,200.00 0.00 $0.00 0.00 $0.00 256 777001A 28" STEEL CASING PIPE LF $365.00 23.00 $8,395.00 0.00 $0.00 0.00 $0.00 257 778000A StanRTA BUS SHELTER EA $22,000.00 4.00 $88,000.00 0.00 $0.00 0.00 $0.00 258 780461A ANTI-GRAFFITI COATING, CANTICRETE STRUCTURE SQFT $15.00 0.00 $0.00 2730.00 $40,950.00 2730.00 $40,950.00 259 782120 RELOCATE MAILBOX EA $650.00 0.00 $0.00 1.00 $650.00 0.00 $0.00 260 782200 OBLITERATE SURFACING SY $5.50 3540.00 $19,470.00 6540.00 $35,970.00 0.00 $0.00 261 800000A WROUGHT IRON FENCE LF $320.00 465.00 $148,800.00 0.00 $0.00 0.00 $0.00 262 800003A WROUGHT IRON GATE (AUTOMATIC) EA $20,000.00 2.00 $40,000.00 0.00 $0.00 0.00 $0.00 263 800400 CHAIN LINK FENCE (TYPE CL-8) LF $175.00 340.00 $59,500.00 0.00 $0.00 450.00 $78,750.00 264 803020 REMOVE FENCE LF $35.00 96.00 $3,360.00 1259.00 $44,065.00 390.00 $13,650.00 265 803060 REMOVE GATE EA $8,000.00 1.00 $8,000.00 4.00 $32,000.00 0.00 $0.00 266 805001A PLAZA RAILING LF $450.00 0.00 $0.00 77.50 $34,875.00 77.50 $34,875.00 267 805002A PRECAST CONCRETE PILASTER AT PLAZA RAILING EA $20,000.00 0.00 $0.00 4.00 $80,000.00 4.00 $80,000.00 268 806001A SPLIT RAIL FENCE LF $400.00 0.00 $0.00 70.00 $28,000.00 70.00 $28,000.00 269 820250 REMOVE ROADSIDE SIGN EA $350.00 23.00 $8,050.00 9.00 $3,150.00 22.00 $7,700.00 270 820590 RELOCATE ROADSIDE SIGN-ONE POST EA $475.00 3.00 $1,425.00 1.00 $475.00 2.00 $950.00 271 820840 ROADSIDE SIGN- ONE POST EA $800.00 1.06 $851.61 12.77 $10,219.35 19.16 $15,329.03 272 820850 ROADSIDE SIGN- TWO POST EA $1,000.00 0.00 $0.00 0.67 $666.67 1.33 $1,333.33 273 820860 INSTALL SIGN (STRAP AND SADDLE BRACKET EA $350.00 4.00 $1,400.00 4.00 $1,400.00 3.00 $1,050.00 274 832007 MIDWEST GUARDRAIL SYSTEM (WOOD POST) LF $65.00 0.00 $0.00 0.00 $0.00 325.00 $21,125.00 275 833088 TUBULAR HANDRAILING LF $155.00 3371.00 $522,505.00 0.00 $0.00 0.00 $0.00 276 833100A PEDESTRIAN RAILING LF $455.00 1702.61 $774,688.69 807.69 $367,500.65 807.69 $367,500.65 277 833101A PEDESTRIAN RAILING, CANTICRETE STRUCTURE LF $800.00 0.00 $0.00 33.00 $26,400.00 33.00 $26,400.00 278 839521 CABLE RAILING LF $145.00 27.00 $3,915.00 0.00 $0.00 0.00 $0.00 279 839522A CABLE RAILING, OUTFALL STRUCTURE LF $200.00 14.00 $2,800.00 0.00 $0.00 0.00 $0.00 280 839580 END ANCHOR ASSEMBLY (TYPE SFT-M) EA $2,500.00 0.00 $0.00 0.00 $0.00 2.00 $5,000.00 281 839641 CONCRETE BARRIER (TYPE 60MA MODIFIED) LF $135.00 1031.00 $139,185.00 0.00 $0.00 0.00 $0.00 282 839700A CONCRETE BARRIER (TYPE 85 MODIFIED) LF $310.00 3182.00 $986,420.00 0.00 $0.00 0.00 $0.00 283 839752 REMOVE GUARDRAIL LF $22.00 0.00 $0.00 0.00 $0.00 345.00 $7,590.00 284 839822 CONCRETE BARRIER (TYPE 85B) LF $715.00 190.00 $135,850.00 0.00 $0.00 0.00 $0.00 285 840000A PAVEMENT MARKING (GREEN PAINT) SF $20.00 335.00 $6,700.00 0.00 $0.00 675.00 $13,500.00 286 840505 6" THERMOPLASTIC STRIPE LF $5.00 0.00 $0.00 0.00 $0.00 1365.00 $6,825.00 287 840506 8" THERMOPLASTIC STRIPE LF $6.00 0.00 $0.00 0.00 $0.00 235.00 $1,410.00 288 840515 THERMOPLASTIC PAVEMENT MARKING SF $16.00 607.00 $9,712.00 1127.00 $18,032.00 1804.00 $28,864.00 289 842000A 6" THERMOPLASTIC STRIPE (DETAIL 9) LF $2.00 3393.00 $6,786.00 1141.00 $2,282.00 2158.00 $4,316.00 290 842001A 6" THERMOPLASTIC STRIPE (DETAIL 21) LF $4.00 0.00 $0.00 50.00 $200.00 0.00 $0.00 291 842002A 6" THERMOPLASTIC STRIPE (DETAIL 22) LF $5.00 0.00 $0.00 1300.00 $6,500.00 785.00 $3,925.00 292 842003A 6" THERMOPLASTIC STRIPE (DETAIL 25A) LF $3.00 3605.00 $10,815.00 500.00 $1,500.00 1230.00 $3,690.00 293 842004A 6" THERMOPLASTIC STRIPE (DETAIL 27B) LF $2.00 3900.00 $7,800.00 2910.00 $5,820.00 2440.00 $4,880.00 294 842005A 6" THERMOPLASTIC STRIPE (DETAIL 27C) LF $2.00 0.00 $0.00 80.00 $160.00 0.00 $0.00 295 842006A 6" THERMOPLASTIC STRIPE (DETAIL 39A) LF $2.00 240.00 $480.00 0.00 $0.00 0.00 $0.00 296 842007A 6" THERMOPLASTIC STRIPE (DETAIL 40) LF $5.00 115.00 $575.00 175.00 $875.00 220.00 $1,100.00 297 842008A 8" THERMOPLASTIC STRIPE (DETAIL 38A) LF $5.00 610.00 $3,050.00 560.00 $2,800.00 580.00 $2,900.00 298 846001A 4" THERMOPLASTIC STRIPE LF $5.00 0.00 $0.00 0.00 $0.00 260.00 $1,300.00 299 994660A REMOVE BUILDING EA $55,000.00 0.00 $0.00 1.00 $55,000.00 0.00 $0.00 300 995200

IRRIGATION WATER METER SERVICE CHARGES
RELOCATION LS $12,000.00 0.00 $0.00 0.50 $6,000.00 0.50 $6,000.00 SUBTOTAL $54,545,809 $9,573,950 $13,104,134
MOBILIZATION ( @ 10 % ) $5,650,667 $991,812 $1,357,521
SUBTOTAL ITEMS $60,196,475 $10,565,763 $14,461,655
CONTINGENCIES (@ 10 %) $6,019,647.54 $1,056,576.26 $1,446,165.55 RAILROAD WORK (FLAGGING, HBP PARTICIPATING)$590,000 $0 $0 RAILROAD WORK (FLAGGING, NON-HBP PARTICIPATING)$0 $0 $110,000 FEDERAL TRAINEE PROGRAM $25,600 $0 $0
PAYMENT ADJUSTMENTS FOR PRICE INDEX FLUCTUATIONS $124,000 $0 $0 StanRTA TEMPORARY TRANSIT SERVICE $1,540,000 $0 $0
ANNUAL CONSTRUCTION GENERAL PERMIT FEE $7,500 $0 $0
DISPUTE RESOLUTION BOARD ON-SITE MEETING $60,000 $0 $0
HOURLY OFF-SITE DISPUTE-RESOLUTION-BOARD-RELATED TASKS $40,000 $0 $0 TOTAL $68,603,223 $11,622,339 $16,017,821
HBP Participating Non-HBP, County Non-HBP, City
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CITY OF MODESTO

COMMITTEE AGENDA REPORT
DATE OF MEETING:

February 2, 2026
Date: January 14, 2026
TO: Economic Development Committee
Sue Zwahlen, Chair
Nick Bavaro, Vice-Chair
Eric Alvarez, Member
THROUGH: Joseph P. Lopez, City Manager
FROM: Toby Wells, Director of Engineering Services/City Engineer SUBJECT: Dedication and Acceptance of a Public Utility Easement / Irrigation Easement on City-Owned Parcel (APN 085-003-093)
CONTACT: Jaspreet Mangat, Senior Civil Engineer, [email protected], 209-577-5253
DESCRIPTION:

Consider dedication and acceptance of a Public Utility Easement / Irrigation Easement on Cityowned property and forwarding to Council for approval. (Funding Source: Not Applicable) STRATEGIC PLAN ELEMENT:

The recommended action is consistent with the City of Modesto 2025-2026 Strategic Plan Goal D to provide safe, efficient, and reliable infrastructure through proactive community investment, maintenance, and sustainability efforts.

BACKGROUND:

The development plan for Precise Plan Area 34 within the Village One Specific Plan was approved by the City Council in 1998. Since that time, multiple subdivisions have been constructed within the plan area.

On January 23, 2006, the City Planning Commission approved Tentative Subdivision Map No.

TSM-05-007 by Resolution No. 2006-04. As a condition of approval, the property owner dedicated Assessor’s Parcel Number 085-003-093 to the City of Modesto for the future construction of the Claus Road Expressway and the planned urban interchange at Claus Road and Briggsmore Avenue. The final subdivision map was recorded on November 29, 2006, in Book 43 of Maps,

On January 23, 2024, the City Council adopted Resolution No. 2024-022 amending the Circulation Element of the General Plan. This amendment reclassified Claus Road, between #3..
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Economic Development Committee, February 2, 2026
Dedication and Acceptance of a Public Utility Easement / Irrigation Easement on CityOwned Parcel (APN 085-003-093)

Sylvan Avenue and East Briggsmore Avenue, from an Expressway to a four-lane Principal Arterial Street. In addition, East Briggsmore Avenue, from Claus Road to the BNSF Railroad crossing, was reclassified from an Expressway to a four-lane Principal Arterial Street.

DISCUSSION:

As a result of the January 23, 2024 amendment to the Circulation Element of the General Plan, the planned Claus Road Expressway and associated urban interchange at Claus Road and Briggsmore Avenue are no longer proposed. The reclassification of Claus Road and East Briggsmore Avenue to four-lane Principal Arterial Streets reduced the right-of-way footprint required for future roadway improvements.

This reclassification allows City-owned Assessor’s Parcel No. 085-003-093, which was previously dedicated for expressway purposes, to be utilized for stormwater management. Specifically, the parcel will accommodate a stormwater detention and percolation basin designed to retain and infiltrate runoff from Claus Road. The basin will be constructed as part of the DR Horton “The Crossings” residential development project.

An existing irrigation line is located within the proposed storm basin area and must be relocated prior to basin construction. To facilitate this work, a Public Utility Easement (PUE) / Irrigation Easement is required to allow for the relocation, operation, and long-term maintenance of the irrigation facilities and associated utilities.

DR Horton has retained a registered civil engineer to prepare plans for the irrigation line relocation.

The plans have been reviewed and approved by the Modesto Irrigation District (MID) and City staff.

Acceptance of the PUE/Irrigation Easement will provide the necessary legal access for construction and ongoing maintenance of the relocated facilities, ensuring compatibility with the stormwater basin and supporting the City’s infrastructure and drainage objectives.

FISCAL IMPACT:

There is no fiscal impact to the City caused by proposed action.

RECOMMENDED COMMITTEE ACTION:

Staff Recommendations:

Motion recommending dedication and acceptance of a Public Utility Easement / Irrigation Easement on City-owned property and forwarding to Council for approval.

Approved by:

Toby Wells, Director of Engineering Services/City
Engineer
Joseph P. Lopez, City Manager
Attachments:

1. Plat and Legal
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APN: 085-003-093
"F:\22projects\22020 Modesto Crossings Residential Site Planning\Working Documents\Survey Office\Legal Descriptions\22020 BASIN AREA EASEMENT.docx" PAGE 1 OF 1
EXHIBIT “A”

LEGAL DESCRIPTION

ALL THAT CERTAIN REAL PROPERTY SITUATED IN THE CITY OF MODESTO, COUNTY OF STANISLAUS, STATE OF CALIFORNIA, BEING A PORTION OF LOT “A” AS SHOWN ON THAT CERTAIN MAP FILED IN BOOK 43 OF MAPS AT PAGE 39, OFFICIAL RECORDS OF SAID COUNTY, DESCRIBED AS FOLLOWS:

BEING A 10-FOOT-WIDE STRIP OF LAND, THE CENTERLINE OF WHICH IS MORE PARTICULARLY DESCRIBED AS FOLLOWS:

COMMENCING AT THE SOUTHEAST CORNER OF ABOVE SAID LOT “A,” SAID POINT ALSO BEING THE

INTERSECTION OF THE WEST RIGHT-OF-WAY LINE OF CLAUS ROAD WITH THE NORTH RIGHT-OF-WAY LINE OF MODESTO IRRIGATION DISTRICT LATERAL NO. 3; THENCE ALONG THE SOUTH LINE OF SAID LOT “A” SOUTH 89°53'20" WEST, A DISTANCE OF 66.18 FEET TO THE POINT OF BEGINNING; THENCE LEAVING SAID SOUTH LINE NORTH 0°06'40" WEST, A DISTANCE OF 8.00 FEET; THENCE NORTH 89°53'02" EAST, A DISTANCE OF 47.22 FEET; THENCE NORTH 0°40'11" WEST, A DISTANCE OF 410.26 FEET; THENCE SOUTH 87°39'55" EAST, A DISTANCE OF 258.54 FEET TO A POINT ON THE WEST LINE OF SAID LOT “A” AND THE POINT OF TERMINATION.

THE SIDELINES OF SAID STRIP SHALL BE EXTENDED OR SHORTENED AS NECESSARY TO TERMINATE AT THE SOUTH AND WEST LINES OF SAID LOT “A.”
CONTAINING 7,240 SQUARE FEET, MORE OR LESS.

SUBJECT TO ALL RIGHTS-OF-WAY AND EASEMENTS OF RECORD.

ATTACHED HERETO AND MADE A PART HEREOF IS A PLAT ENTITLED EXHIBIT “B.”

THIS DESCRIPTION WAS PREPARED BY ME OR UNDER MY DIRECTION IN CONFORMANCE WITH THE PROFESSIONAL LAND SURVEYORS’ ACT.
_________________________________
KEVIN J. GENASCI, P.L.S. 8660
OCTOBER 22, 2025 PRELIMINARY
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N0°06'40"W 8.00'
N89°53'02"E 47.22'
N0°40'11"W 410.26'
S87°39'55"W 258.54'
S89°53'20"W 66.18'
JOB NO.

DRAWN
DESIGN
DATE
22020
KJG
10/22/2025
SHEET
SCALE:
1 AS SHOWN
OF: 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 92 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 STRUCTURAL

LANDSCAPE ARCHITECTURE SURVEYING

PLANNING

ATHLETIC FACILITY DESIGN GEOTECHNICAL SRS
80'
SCALE: 1"=80'
0' 40'
LEGEND

DOC DOCUMENT
I.N. INSTRUMENT NUMBER, S.C.R.

M BOOK & PAGE OF MAPS, S.C.R.

P.O.B. POINT OF BEGINNING
P.O.C. POINT OF COMMENCEMENT
P.O.T. POINT OF TERMINATION
S.C.R. STANISLAUS COUNTY RECORDS
S.F. SQUARE FEET

EXHIBIT B
PLAT
1 CLAUS RD
50' 50'
P.O.C. (SE CORNER OF
LOT A, 43-M-39, S.C.R.)
LOT A
43-M-39, S.C.R.

P.O.B.

P.O.T.

PROPOSED
10' WIDE

EASEMENT
7,240 S.F.±
10'

BIKE PATH

RIGHT-OF-WAY
PER 39-M-44, S.C.R.

BIKE PATH

RIGHT-OF-WAY
PER 43-M-39, S.C.R.

PRIVATE IRRIGATION
EASEMENT PER I.N. 00-95721,
S.C.R.

PRELIMINARY
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CITY OF MODESTO

COMMITTEE AGENDA REPORT
DATE OF MEETING:

February 02, 2026
Date: January 14, 2026
TO: Economic Development Committee
Sue Zwahlen, Chair
Nick Bavaro, Vice-Chair
Eric Alvarez, Member
THROUGH: Joseph P. Lopez, City Manager
FROM: William Wong, Director of Utilities
SUBJECT: Memorandum of Understanding between City of Modesto and Stanislaus County for Rock Well Maintenance at Charles Sharp Park
CONTACT: Jeff Daniels, Wastewater Division Manager, [email protected], 209-577-6255
DESCRIPTION:

Consider a Memorandum of Understanding (MOU) between the City of Modesto (City) and Stanislaus County (County) for the provision of rock well maintenance services at Charles M.

Sharp Park, 1812 Torrid Avenue, Modesto, CA, and forwarding to Council for approval. (Funding Source: Storm Drain Fund)
STRATEGIC PLAN ELEMENT:

The recommended action supports the 2025-2026 City’s Strategic Plan Initiatives, Goal D:

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

BACKGROUND:

The County owns and operates two (2) rock wells located at Charles M. Sharp Park (Park).

The Park is located in a county pocket within City of Modesto city limits.

The street along the Park is notorious for flooding during storm events. The County has requested the City provide annual preventative maintenance, corrective, and emergency services for these rock wells.

The City currently maintains approximately 9,600 rock wells throughout the City’s stormwater collection system. These rock wells are maintained and repaired by City staff and rejuvenated, as needed, through a contract the City holds for rock well rejuvenation services.
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Economic Development Committee, February 02, 2026
Memorandum of Understanding between City of Modesto and Stanislaus County for Rock Well Maintenance at Charles Sharp Park

On October 13, 2020, by Resolution No. 2020-423, Council approved an Agreement with Fox Loomis for Rock well rejuvenation services for an annual estimated cost of $300,000 and total amount not to exceed $3,000,000 over five (5) years.

On June 23, 2025, the City Manager authorized an extension to the contract with no additional costs, to go into effect on October 13, 2025, and expire on June 30, 2026.

The City is currently in the process of finalizing the new contract for rock well rejuvenation services, with an estimated effective date of July 01, 2026.

DISCUSSION:

The County has requested the assistance of the City of Modesto for the provision of annual preventative maintenance, corrective, and emergency services for the two (2) rock wells located at Charles M. Sharp Park.

The City of Modesto, Wastewater Division, possesses the necessary equipment, materials, and personnel to perform such services and regularly maintains similar infrastructure within its jurisdiction. The City is willing to assist the County under the terms of the MOU:
 The City will perform annual preventative maintenance and, as needed, corrective or emergency services on the two rock wells.
 The City may also rejuvenate the wells up to once every ten (10) years, at its discretion.  The City may replace or upgrade the wells to drywells if deemed necessary.  The County will reimburse the City for all services rendered, as outlined in Exhibit A of the MOU.
 Capital Improvement costs will be shared equally, fifty percent (50%)/ fifty percent (50%), between the City and the County.
 The agreement has a term of ten (10) years, with automatic one-year renewals unless terminated by either party with 90 days’ notice.
 Either party may terminate the agreement at any time with 30 days’ written notice.

By assisting the County with the maintenance of the rock wells at the Park, this will help in mitigating localized flooding for the community.

FISCAL IMPACT:

The estimated annual cost per well is $640, subject to an annual escalation of 6.2% or current CPI. The anticipated cost of $1,280 will be absorbed within the current Storm Drain Fund Fiscal Year 2025-26 operating budget.

ANTICIPATED MAINTENANCE EXPENDITURES (Annual Cost)
Rock Well Annual Preventative Maintenace $400
Rock Well Rejuvenation (Contractor) $880
Corrective or Emergency Repair As Needed
City Staff Time
Stanislaus County Reimbursement
As Needed
($1,280) + Additional Costs
TOTAL Cost to City $0.00 + 50% Capital Project Costs
#4..
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Economic Development Committee, February 02, 2026
Memorandum of Understanding between City of Modesto and Stanislaus County for Rock Well Maintenance at Charles Sharp Park

RECOMMENDED COMMITTEE ACTION:

Staff Recommendations:

Motion recommending a Memorandum of Understanding between the City of Modesto and Stanislaus County for the provision of rock well maintenance services at Charles M. Sharp Park, located at 1812 Torrid Avenue, Modesto, CA and forwarding to Council for approval.

Approved by:

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

1. Memorandum of Understanding
#4..
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MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF MODESTO AND

THE COUNTY OF STANISLAUS REGARDING ROCK WELL MAINTENANCE This MEMORANDUM OF UNDERSTANDING (“MOU”) is entered into _________, 2026 (the “Effective Date”) between the County of Stanislaus (hereinafter referred to as “County”) and the City of Modesto (hereinafter referred to as “City”), collectively hereinafter referred to as “Parties”.

WHEREAS, The County has the need and desire to maintain and service two rock wells located at 1812 Torrid Ave known as Charles Sharp Park (the “Rock Wells”); and WHEREAS, The City possesses the equipment, materials, and personnel to maintain and service existing rock wells and regularly performs similar repairs in the City.

NOW THEREFORE, the County and City agree as follows:

ARTICLE I

PARTY RESPONSIBILITIES

1. The above Recitals are made a part of this MOU agreement as if they were set forth herein.

2. The City, pursuant to the terms and conditions hereinafter set forth, hereby agrees to perform annual preventative maintenance, as well as corrective or emergency service on the Rock Wells as determined necessary by the City.

3. Annually or as needed, the City shall perform preventative maintenance on identified Rock Wells.

4. The City shall clean Rock Wells as needed and shall rejuvenate the Rock Wells no more than once every 10-years, if determined necessary in the City’s discretion

5. The City may replace or upgrade either Rock Well to a drywell, as deemed necessary by City in its sole discretion.

6. The County shall reimburse the City for all work performed by the City pursuant to this MOU as specified in Exhibit A, attached hereto and incorporated herein.

7. Upon being invoiced for completed work, the County agrees to pay the invoice within 30 days.

8. Scope of Services (Exhibit A) referred to in this Agreement is attached hereto and incorporated herein by reference.
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Memorandum of Understanding
2 ARTICLE II

GENERAL PROVISIONS

1. This MOU, including attachments, shall form the entire agreement and understanding between County and City. no other written or verbal statements, shall be binding upon the Parties or construed as modifying this MOU in any way.

2. The governing law of this MOU shall be the law of the State of California. The Parties agree that the County is the sole proper venue for the litigation of any and all disputes arising out of or relating to this MOU.

3. Each Party warrants and represents that in executing this MOU, it has received independent legal advice from its attorneys or the opportunity to seek such advice.

4. Headings or captions to the provisions of this MOU are solely for the convenience of the Parties, are not part of this MOU, and shall not be used to interpret or determine the validity of this MOU. Any ambiguity in this MOU shall not be construed against the drafter, but rather the terms and provisions hereof shall be given a reasonable interpretation as if both parties had in fact drafted this MOU.

5. Any notice, communication, amendment, addition, or deletion to this MOU, including change of address of either Party during the term of this MOU, which shall be required or may desire to make shall be in writing and may be personally served or, alternatively, sent by prepaid first-class mail to the respective parties as follows:

Communications to the County shall be directed to:

David A. Leamon
Department of Public Works
1716 Morgan Road
Modesto, CA 95358
Communications to the City shall be directed to:

William Wong
Director of Utilities
City of Modesto
1010 Tenth Street, Suite 4600
Modesto, CA 95353

ARTICLE III
TERM
The term of this MOU shall be 10-years from the Effective Date until, unless sooner terminated as provided below. At the end of the initial term, the MOU shall renew for successive one (1) year periods, unless either Party terminates the MOU at least 90 days prior to the end of such term.
#4..
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Memorandum of Understanding
3 ARTICLE IV

INDEPENDENT CONTRACTOR STATUS
This MOU is by and between two independent parties and is not intended to and shall not be construed to create the relationship of employer, employee, partnership, agent, servant, or joint venture with City or any persons employed by City including subcontractors or employees thereof. The City and County shall control the manner and means of accomplishing the performance of the MOU.

ARTICLE VI

INDEMNIFICATION
Neither Party, nor any of its officers or employees, shall be responsible for any damage or liability occurring by reason of any act or failure to act by the other party under or in connection with any work delegated to that party under this MOU. The Parties further agree, pursuant to Governmental Code Section 895.4, that each Party shall fully indemnify and hold harmless the other Party and its agents, officers, employees, and contractors from and against all claims, damages, losses, judgments, liabilities, expenses and other costs, including litigation costs and attorney fees, (collectively, “Claims”) arising out of, resulting from, or in connection with any work delegated to or action taken or omitted to be taken by such Party under this MOU. The City’s foregoing indemnification obligations shall not apply to any Claims arising out of flooding caused by the alleged failure of the City to properly maintain the Rock Wells.

ARTICLE VII

AMENDMENT
This MOU may be modified, amended, changed, added to or subtracted from by the mutual consent of the Parties hereto if such amendment or change is in written form and executed with the same formalities as this MOU and attached to the original MOU agreement to maintain continuity.

ARTICLE VIII

DISPUTES
The Parties may pursue their respective remedies at law or equity for any claim, controversy, or dispute relating to this MOU.

ARTICLE IX

NON-ASSIGNMENT
Neither Party shall assign, transfer, or further subcontract this MOU, in whole or in part, without prior written approval of the other.
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Memorandum of Understanding
4 ARTICLE X

SEVERABILITY AND SURVIVAL
If any portion of this MOU or application thereof to any person or circumstance shall be declared invalid by a court of competent jurisdiction or if it is found in contravention of any federal, state, or county statute, ordinance, or regulation, the remaining provisions of this MOU or the application thereof shall not be invalidated thereby and shall remain in full force and effect to the extent that the provision of this MOU are severable.

ARTICLE XI

TERMINATION
Each Party retains the right to terminate this MOU without cause upon thirty (30) days advance notice to the other. Each Party retains the right to terminate this MOU due to a breach of the MOU by the other Party, after providing notice and a reasonable opportunity to cure to the breaching Party.

ARTICLE XII

ENTIRE DOCUMENT
This MOU supersedes any and all other agreements, either oral or in writing, between any of the Parties herein with respect to the subject matter hereof and contains all the agreements between the Parties with respect to such matter. Each Party acknowledges that no representations, inducements, promises or agreements, oral or otherwise, have been made by any Party, or anyone acting on behalf of any Party, which are not embodied herein, and that no other agreement, statement or promise not contained in this MOU shall be valid or binding.

ARTICLE XIII

SIGNATURES

1. The person signing this Agreement (“Signatory”) represents and warrants that he or she is duly authorized and has legal capacity to execute this MOU. Signatory represents and warrants that the execution and delivery of the MOU and the performance of Parties’ obligations hereunder has been duly authorized, and that the MOU is a valid and legal agreement binding on Parties and enforceable in accordance with its terms.

2. Each Party agrees that the electronic signatures (whether digital or encrypted) of the Parties included in this MOU are intended to authenticate this writing and to have the same force and effect as manual signatures. Electronic signature means any electronic sound, symbol, or process attached to or logically associated with a record and executed and adopted by a Party with the intent to sign such record (including facsimile or email electronic signatures) pursuant to the California Uniform Electronic Transactions Act (Cal.

Civ. Code § 1633.1 et seq.) as amended from time to time. [ signatures appear on following page]
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Memorandum of Understanding
5 IN WITNESS WHEREOF, the parties have caused this MOU to be executed by their duly authorized representatives, as follows:

COUNTY OF STANISLAUS CITY OF MODESTO
A political subdivision of the
State of California
By: _____________________________ By: _____________________________ Jody Hayes Joseph Lopez
Chief Executive Officer City Manager
ATTEST: ATTEST:

By: _____________________________ By: _____________________________ Noemi Leon Diane Nayares-Perez
Clerk of the Board of Supervisors City Clerk
Of the County of Stanislaus,
State of California
APPROVED AS TO CONTENT: APPROVED AS TO CONTENT:

Department of Public Works Utilities Department
By: _____________________________ By: ____________________________ David A. Leamon, Director William Wong, Director
APPROVED AS TO FORM: APPROVED AS TO FORM:

Thomas E. Boze Jose M. Sanchez
County Counsel City Attorney
By: _____________________________ By: ____________________________ Thomas E. Boze Jose M. Sanchez
County Counsel City Attorney
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Memorandum of Understanding
6 EXHIBIT A

SCOPE OF SERVICES

ANNUAL ROCK WELL MAINTENANCE
The City of Modesto (City) and Stanislaus County (County) define the maintenance program, cost allocation, invoicing procedures, and term under which the City of Modesto (City) will perform rock well maintenance.

Annual Rock Well Maintenance (cost) per Rock Well
 Location: 1812 Torrid Ave
 Cleaning: $200/ per well/ year, as needed.
 Rejuvenation: $440/ per well/year (funds a rejuvenation once every 10-years, at City’s discretion
 Estimated Annual Cost: $640/ per well, escalating at 6.2% per year or current CPI.

Rock Wells
Rock Well Location Rock Well Identifier
1812 Torrid Ave East Well
1812 Torrid Ave West Well
Capital Improvements
 City may replace or upgrade any rock well to a drywell, as deemed necessary by the City.
 Capital improvements will be split 50/50 between City and County based on actual expenditures.
 County will reimburse City for 50% of actual costs associated with replacement or upgrade.

Additional Maintenance
 Unscheduled service shall be billed at the annual cleaning rate ($200) plus 6.2%, or current CPI, inflator per year.

Billing
Service Billing Lead Agency
Rejuvenation Once/ten years as needed City
Preventative Annually as needed City
Corrective As needed City
Emergency As needed City
Terms & Exit
 10-year term
 Either party may exit the maintenance agreement for any reason with 30 days’ notice #4..
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