Modesto City Council
September 1, 2026

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MODESTO CITY COUNCIL
City of Modesto Website (www.modestogov.com)
AGENDA
City of Modesto

CITY COUNCIL MEETING
Chambers, Basement Level
Tenth Street Place, 1010 10th Street
Modesto, California
Tuesday, September 01, 2026 at 5:30 PM
Roll Call - Councilmembers Alvarez, Bavaro, Escutia-Braaton, Ricci, Williams, Wright, Mayor Zwahlen

THIS MEETING WILL BE PHYSICALLY OPEN TO THE PUBLIC AND BY ZOOM

VIDEO CONFERENCING AND TELEPHONE
In conformance with SB 707, the City of Modesto is providing alternatives to view and participate in Council meetings as well as to provide public comments. If you wish to make either a general public comment or to comment on a specific agenda item, you may use one of the following options:

Submitting Comments by E-Mail
Written comments may be submitted via email by emailing the City Council Meeting email address ([email protected]) and include the Agenda Item Number in the subject line. All comments will be shared with the Councilmembers and placed in the record but will not be read aloud during the meeting. Written comments must be received two hours before the meeting.

Joining the City Council meeting via Zoom
The City of Modesto offers the ability to view and remotely participate in Council meetings via telephonic conferencing through “Zoom” video conferencing computer technology. The meeting may be accessed through Zoom using the following options:
• Enter the following link into an Internet Browser
Zoom Website (https://us02web.zoom.us/j/95895497651)
• Or enter the following Zoom Website (https://zoom.us) into an Internet Browser and using the Webinar ID: 958 9549 7651, and Passcode: 84326 - 1 -
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Joining the City Council meeting via Telephone
If you do not have a smartphone or computer to join the meeting via Zoom, you can participate by phone, by calling 1-877-853-5257 (Toll Free) or 1-888-475-4499 (Toll Free) and enter the Webinar ID: 958 9549 7651 Passcode: 84326
Providing Public Comment on Zoom and by Telephone
The Mayor will request public comment during the Public Comment periods on the meeting agendas and during each Public Hearing and Regular Calendar Item on the Council Agenda.

Once the Mayor has announced the public comment period, please do one of the following. • Computer or Smartphone App: Click “Raise Hand” in Zoom. Staff will unmute you when it is your turn. Confirm the unmute prompt to begin speaking. • Phone Only: Dial *9 to “Raise Hand.” Staff will unmute you when it is your turn.

If needed, dial *6 to toggle mute on/off. Once your public comment has ended, you will be muted again.
• If your phone is unmuted, and you are unable to be heard, the host may ask that you Dial *6 to toggle mute on/off in Zoom.

Additional Zoom Resources and Support
To participate in the Council meeting using Zoom, sign up for a free account or join as a guest through https://zoom.us/.

You may also observe a livestream of the meeting on the Agenda and Minutes web page. (https://media.modestogov.com), and the City of Modesto YouTube Channel (https://www.youtube.com/user/TheCityofModesto).

Technical Issues/Remote Participation
Per SB707, if a technical issue arises with Zoom or the phone dial-in option during the meeting, proceedings will pause for up to one hour while restoration efforts are made. If remote access to the meeting cannot be restored, the City Council may continue with the meeting upon making a finding by roll-call vote that good faith efforts have been made to restore remote access and that continuing the meeting outweighs the public interest in remote access. All disruptions and decisions will be documented in the official minutes.

Wordly Translation Service
“Wordly” can translate into 25+ different languages! To access written translation during the meeting, please scan the QR Code or click this link Join the live session on Wordly (https://attend.wordly.ai/join/RJDY-6364).
"Wordly" puede traducir a más de 25 idiomas diferentes! Para acceder a la traducción durante la reunión, por favor escanee el código QR o Únete a la sesión en vivo sobre Wordly (https://attend.wordly.ai/join/RJDY-6364).
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Closed Captioning/Live Written Translation
This meeting will be closed captioned via the Zoom platform. In person attendees will be able to see the caption at the bottom of the screens in the Council Chamber and City Hall. Zoom attendees with a Zoom version 5.0.2 or higher will be able to see the transcription at the bottom of their personal zoom screen.

Requests for Accommodations or Translation Services
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's ADA web page (https://www.modestogov.com/865/Americans-with-Disabilities-Act-ADA) If you need special assistance to participate in this meeting and/or interpreter services, please contact the City Clerk 209-577-5396, [email protected]. Notification 48 hours prior to the meeting will enable the City to make reasonable arrangements to ensure accessibility to this meeting.

Notice
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 Website (https://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 on the Agendas and Meetings page. (https://www.modestogov.com/councilmeetings) Pledge of Allegiance to the Flag
Invocation
City Clerk’s Announcements
Declaration of Conflicts of Interest
Reports from Closed Session

ACKNOWLEDGEMENTS AND PRESENTATIONS

1. Proclamation declaring September 6 -12, 2026 as National Suicide Prevention Week. (Funding Source: Not Applicable)
CITY COUNCIL; Breanna Griffin, 209-577-5421, [email protected]

2. Proclamation declaring September 15 - October 15, 2026 as National Hispanic Heritage Month. (Funding Source: Not Applicable)
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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, Councilmembers 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 Councilmember or the Council itself may take action to direct staff to place a matter of business on a future agenda.

CONSENT ITEMS – ROLL CALL VOTE REQUIRED
Information concerning the consent items listed below has been forwarded to each Councilmember prior to this meeting for study. Unless some member of the audience or Councilmember has a question concerning an item and asks that it be withdrawn from the consent list, the Council approves the items at one time. The action taken by the Council 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 Council member.

Consent

3. Consider approving the Minutes for the August 25, 2026 Council Meeting. (Funding Source: Not Applicable)
Staff Recommendation:
• Motion approving the Minutes for the August 25, 2026 Council Meeting.

CITY CLERK; Diane Nayares-Perez, 209-577-5396, [email protected] Consent

4. Consider accepting the improvements of the Sonoma Sewer Trunk Extension Phase 3 & 4A Project as complete, authorizing the City Manager, or his designee, to release payments totaling $1,173,469. (Funding Source: Sewer Fund) Staff Recommendation:
• Resolution accepting the improvements of the Sonoma Sewer Trunk Extension Phase 3 & 4A Project as complete, authorizing the City Manager, or his designee, to release payments totaling $1,173,469.

ENGINEERING SERVICES; Pete Kambel, 209-577-5444, [email protected] Consent

5. Consider approving the Second Amendment with HDR Engineering, Inc., of Folsom, CA to complete assigned work and gain Regulatory Compliance for the Carpenter Road Landfill, Modesto California, thereby increasing the Agreement amount by - 4 -
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$820,774 through the duration of the Agreement. (Funding Source: Carpenter Road Landfill)
Staff Recommendation:
• Resolution approving the Second Amendment to the Agreement with HDR Engineering, Inc., of Folsom, CA., to complete assigned engineering and permitting work as next steps to gain regulatory compliance for the Carpenter Road Landfill, Modesto, California, increasing the Agreement amount by $820,774, to a new total amount not to exceed $1,172,224 through the term of the Agreement, and authorizing the City Manager, or his designee, to execute the Amendment.

PUBLIC WORKS; John Chavez, 209-577-5453, [email protected] Consent

6. Consider entering into a Memorandum of Understanding with Stanislaus County for the reimbursement of costs related to the Riverdale Water System Project for a total amount not to exceed $4,203,518. (Funding Source: Water Fund) Staff Recommendation:
• Resolution approving a Memorandum of Understanding with Stanislaus County for the reimbursement of costs related to the Riverdale Water System Project for a total amount not to exceed $4,203,518.

UTILITIES; Jim Alves, 209-571-5557, [email protected]

COUNCIL COMMENTS & REPORTS

CITY MANAGER COMMENTS & REPORTS

MATTERS TOO LATE FOR THE AGENDA
These may be presented by members of the City Council and staff upon determination by a majority vote that an emergency exists, as defined by State law, or by a 2/3 vote that (1) there is a need to take immediate action, and (2) that the need for action came to the City’s attention after the agenda was posted.

ADJOURNMENT
Posted pursuant to Government Code Section 54954.2 on the bulletin board at Tenth Street Place at by
date time signature
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MODESTO CITY COUNCIL
www.modestogov.com

MINUTES
City of Modesto

CITY COUNCIL MEETING
Chambers, Basement Level
Tenth Street Place, 1010 10th Street
Modesto, California
Tuesday, August 25, 2026 at 5:30 PM
Special City Council – Closed Session Meeting 4:30 p.m.

Roll Call: Present: Councilmembers Alvarez, Bavaro, Escutia-Braaton, Ricci, Williams, Wright, Mayor Zwahlen

Absent: None
Regular City Council Meeting 5:30 p.m.

Roll Call: Present: Councilmembers Alvarez, Bavaro, Escutia-Braaton, Ricci, Williams, Wright, Mayor Zwahlen

Absent: None
Pledge of Allegiance to the Flag
Invocation: Mike Gunnarson, City Ministry Network
City Clerk’s Announcements: None
Reports from Closed Session:

ACTION: (Ricci/Escutia-Braaton; 7/0) Item 1 - Motion appointing Real Property Negotiator Joseph P. Lopez, City Manager for property 083-004-048, 2519 Sylvan Ave., Modesto, CA 95355.

No other reportable action.
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ACKNOWLEDGEMENTS AND PRESENTATIONS

1. Certificate of Recognition celebrating the 90th Anniversary of Sciabica Family Olive Oil & Gourmet Foods. (Funding Source: Not Applicable)
CITY COUNCIL; Breanna Griffin, 209-577-5421, [email protected] ACTION: Mayor Zwahlen presented a Certificate of Recognition celebrating the 90th Anniversary of Sciabica Family Olive Oil & Gourmet Foods.

MISCELLANEOUS

2. Consider accepting the resignation of Carlos Verduzco from the Entertainment Commission. (Funding Source: Not Applicable)
Staff Recommendation:
• Resolution accepting the resignation of Carlos Verduzco from the Entertainment Commission.

CED; Amber Abruzzo, 209-577-5244, [email protected] ACTION: (Williams/Alvarez; 7/0) Resolution 2026-267 accepting the resignation of Carlos Verduzco from the Entertainment Commission.

3. Consider appointing Sara Lytle-Pinhey and William Patterson to fill two (2) vacancies to the City of Modesto Entertainment Commission as a Non-Permit Holder with a partial term ending December 31, 2028, and appointing John Griswold to fill one (1) vacancy of a Non-Profit/Special Event Permit Holder for a partial term ending December 31, 2028. (Funding Source: Not Applicable)
Staff Recommendation:
• Resolution approving the appointment of Sara Lytle-Pinhey, John Griswold, and William Patterson to the Entertainment Commission for partial terms ending December 31, 2028, and Rescinding Resolution No. 2026-240.

CED; Amber Abruzzo, 209-577-5276, [email protected] ACTION: (Wright/Williams; 7/0) Resolution 2026-270 approving the appointment of Sara Lytle-Pinhey, John Griswold, and William Patterson to the Entertainment Commission for partial terms ending December 31, 2028, and Rescinding Resolution No. 2026-240.

PUBLIC COMMENT PERIOD
• Danielle Morgart provided a legislative update on behalf of Assemblyman Juan Alanis, noting that AB 1617, concerning household hazardous waste reporting, and AB 1728, expanding community college course numbering to include firefighting and law enforcement courses, are awaiting the Governor’s signature. She also offered assistance with legislative and casework matters.
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• Anthony Drobnick shared concerns about the treatment of a member of the public during the previous meeting, stating that the Council’s questioning was inappropriate and discouraged public participation. He also criticized a disparaging social media comment attributed to another councilmember and stated that such comments discourage residents from exercising their First Amendment rights. He further commented on the upcoming District 2 election.
• Bruce Hammerstrom voiced concerns regarding his civil rights and the City Attorney and City officials. He stated that he had not received follow-up regarding a previous meeting or his appeal of code violations and questioned the issuance and amount of recent citations. He expressed concern about the financial impact of the citations and stated that he would continue pursuing the matter.
• Kevin McClarty discussed the lack of commercial air service at Modesto Airport. He stated that Modesto does not qualify for the Federal Essential Air Service program because of its size and proximity to other airports. He suggested that the City explore alternative funding sources or incentives to attract commercial or smaller executive airline service to Modesto.
• Fran Phillips expressed concerns about homelessness and crime in the residential area near McHenry Avenue, including a vehicle break-in and people approaching her home asking for money. She also questioned the number of marijuana dispensaries in the area and stated that she believes the concentration of dispensaries is contributing to problems along McHenry Avenue.
• Jonathan asked about the process for placing topics on a City Council agenda.

Specifically, he sought clarification regarding whether data centers and Flock cameras could be placed on an agenda for discussion without requesting a moratorium and asked about the distinction between a general discussion and a request for a moratorium.

Written General Public Comments Received (Funding Source: Not Applicable) CITY CLERK; City Clerk, 209-577-5396, [email protected] CONSENT ITEMS – ROLL CALL VOTE REQUIRED
ACTION CONSENT ITEMS: 4-9 (Wright/Escutia-Braaton; 7/0)

CONSENT
Consent

4. Consider approving the Minutes for the August 11, 2026 Council Meeting. (Funding Source: Not Applicable)
• Motion approving the Minutes for the August 11, 2026 Council Meeting.

CITY CLERK; Diane Nayares-Perez, 209-577-5396, [email protected] ACTION: (Wright/Escutia-Braaton; 7/0) Motion approving the Minutes for the #3..
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August 11, 2026 Council Meeting.

Consent

5. Consider approving an Agreement for the operation of a Safe Sleeping Program with Modesto Gospel Mission for a total amount not to exceed $100,000. (Funding Source:

Measure H Funds)
• Resolution approving an Agreement for the operation of a Safe Sleeping Program with Modesto Gospel Mission for a total amount not to exceed $100,000 and authorizing the City Manager, or his designee, to execute the Agreement.
• Resolution amending the Fiscal Year 2026-2027 multi-year non-capital multiyear budget to create a new project and establish applicable revenue, expense and transfer budgets for the Modesto Gospel Mission Safe Sleep Program to be funded with Measure H Funds in the amount of $100,000 and authorizing the City Manager or his designee, to take the necessary steps to implement the provisions of this Resolution.

CED; Edgar Garcia, 209-571-5101, [email protected] ACTION: (Wright/Escutia-Braaton; 7/0) Resolution 2026-269 approving an Agreement for the operation of a Safe Sleeping Program with Modesto Gospel Mission for a total amount not to exceed $100,000 and authorizing the City Manager, or his designee, to execute the Agreement.

ACTION: (Wright/Escutia-Braaton; 7/0) Resolution 2026-270 amending the Fiscal Year 2026-2027 multi-year non-capital multi-year budget to create a new project and establish applicable revenue, expense and transfer budgets for the Modesto Gospel Mission Safe Sleep Program to be funded with Measure H Funds in the amount of $100,000 and authorizing the City Manager or his designee, to take the necessary steps to implement the provisions of this Resolution.

Consent

6. Consider accepting an Informational Report for the June 2026 Accounts Payable Payment Register and Void Report. (Funding Source: Not Applicable) • Motion accepting an Informational Report for the June 2026 Accounts Payable Payment Register and Void Report.

FINANCE DEPARTMENT; Maria Garnica, 209-577-5249,
[email protected]
ACTION: (Wright/Escutia-Braaton; 7/0) Motion accepting an Informational Report for the June 2026 Accounts Payable Payment Register and Void Report.

Consent

7. Consider approving the purchase for seven (7) Fleet Replacements for a total amount not to exceed $1,110,447. (Funding Source: Fleet Replacement Fund) • Resolution approving the Competitive Bidding Process from Sourcewell to The Charles Machine Works, Inc. Ditch Witch Division, West Sacramento, CA, to #3..
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purchase one (1) Trailer Mounted Vacuum System for an amount not to exceed $143,395; and authorizing the Director of Finance, or her designee, to issue the Purchase Order; and authorizing the Director of Finance or her designee to execute any Change Orders not to exceed 15% of the total purchase price. • Resolution approving the Competitive Bidding Process from Sourcewell to Manufacture Bomag Americas, Inc. under the authorized dealer Herrmann Equipment, Inc., Roseville, CA, to purchase one (1) Cedarapids Hot Mix Paver for an amount not to exceed $682,430; and authorizing the Director of Finance, or her designee, to issue the Purchase Order; and authorizing the Director of Finance or her designee to execute any Change Orders not to exceed 15% of the total purchase price.
• Resolution approving the Competitive Bidding Process from State of California, Department of General Services to Winner Chevrolet, Sacramento, CA, for the purchase of one (1) Chevy Tahoe for an amount not to exceed $71,868; and authorizing the Director of Finance, or her designee, to issue the Purchase Order; and authorizing the Director of Finance or her designee to execute any Change Orders not to exceed 15% of the total purchase price. • Resolution approving the Competitive Bidding Process from State of California, Department of General Services to Elk Grove Auto, Elk Grove, CA, for the purchase of one (1) Dodge Durango for an amount not to exceed $51,764, and authorizing the Director of Finance, or her designee, to issue the Purchase Order; and authorizing the Director of Finance or her designee to execute any Change Orders not to exceed 15% of the total purchase price. • Resolution approving the Competitive Bidding Process from the City of Pasadena, CA to Winner Chevrolet, Sacramento, CA for the purchase of three (3) Chevrolet Traverses for an amount not to exceed $160,990, and authorizing the Director of Finance, or her designee, to issue the Purchase Order; and authorizing the Director of Finance or her designee to execute any Change Orders not to exceed 15% of the total purchase price.

FINANCE DEPARTMENT; Dianne Love, 209-571-5164, [email protected] ACTION: (Wright/Escutia-Braaton; 7/0) Resolution 2026-271 approving the Competitive Bidding Process from Sourcewell to The Charles Machine Works, Inc.

Ditch Witch Division, West Sacramento, CA, to purchase one (1) Trailer Mounted Vacuum System for an amount not to exceed $143,395; and authorizing the Director of Finance, or her designee, to issue the Purchase Order; and authorizing the Director of Finance or her designee to execute any Change Orders not to exceed 15% of the total purchase price.

ACTION: (Wright/Escutia-Braaton; 7/0) Resolution 2026-272 approving the Competitive Bidding Process from Sourcewell to Manufacture Bomag Americas, Inc. under the authorized dealer Herrmann Equipment, Inc., Roseville, CA, to purchase one (1) Cedarapids Hot Mix Paver for an amount not to exceed $682,430; and authorizing the Director of Finance, or her designee, to issue the Purchase Order; and authorizing the Director of Finance or her designee to execute any Change Orders not to exceed 15% of the total purchase price.
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ACTION: (Wright/Escutia-Braaton; 7/0) Resolution 2026-273 approving the Competitive Bidding Process from State of California, Department of General Services to Winner Chevrolet, Sacramento, CA, for the purchase of one (1) Chevy Tahoe for an amount not to exceed $71,868; and authorizing the Director of Finance, or her designee, to issue the Purchase Order; and authorizing the Director of Finance or her designee to execute any Change Orders not to exceed 15% of the total purchase price.

ACTION: (Wright/Escutia-Braaton; 7/0) Resolution 2026-274 approving the Competitive Bidding Process from State of California, Department of General Services to Elk Grove Auto, Elk Grove, CA, for the purchase of one (1) Dodge Durango for an amount not to exceed $51,764, and authorizing the Director of Finance, or her designee, to issue the Purchase Order; and authorizing the Director of Finance or her designee to execute any Change Orders not to exceed 15% of the total purchase price.

ACTION: (Wright/Escutia-Braaton; 7/0) Resolution 2026-275 approving the Competitive Bidding Process from the City of Pasadena, CA to Winner Chevrolet, Sacramento, CA for the purchase of three (3) Chevrolet Traverses for an amount not to exceed $160,990, and authorizing the Director of Finance, or her designee, to issue the Purchase Order; and authorizing the Director of Finance or her designee to execute any Change Orders not to exceed 15% of the total purchase price.

Consent

8. Consider approving the Agreements for the furnishing of Electric Motor Rewind/Rebuild Services to A & J Works, Modesto, CA, and Modesto Industrial Electrical Company, Modesto, CA, for a total combined amount not to exceed $965,098 over five (5) years. (Funding Source: Wastewater, Water and Storm Drain Funds)
• Resolution approving the Award of Bid and Agreements for the furnishing of Electric Motor Rewind/Rebuild Services to A & J Works, Modesto, CA, and Modesto Industrial Electrical Company, Modesto, CA for a two (2) year Agreement with three (3) one-year extension options, for an estimated annual combined amount of $180,000, and a total combined amount not to exceed $965,098, over five (5) years; and authorizing the Director of Finance to adjust agreement totals between vendors based on contractor's availability and department's needs, ensuring the combined total amount does not change and authorizing the City Manager, or his designee, to execute the Agreements.

UTILITIES; Jeff Daniels, 209-577-6255, [email protected] ACTION: (Wright/Escutia-Braaton; 7/0) Resolution 2026-276 approving the Award of Bid and Agreements for the furnishing of Electric Motor Rewind/Rebuild Services to A & J Works, Modesto, CA, and Modesto Industrial Electrical Company, Modesto, CA for a two (2) year Agreement with three (3) one-year extension options, for an estimated annual combined amount of $180,000, and a total combined amount not to exceed $965,098, over five (5) years; and authorizing the Director of Finance to adjust agreement totals between vendors based on contractor's availability and #3..
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department's needs, ensuring the combined total amount does not change and authorizing the City Manager, or his designee, to execute the Agreements.

Consent

9. Consider approving an Agreement with Muniquip LLC., Roseville, CA, for Wemco/Hidrostal pumps, parts and electrical components for a total amount not to exceed $804,248 over five (5) years. (Funding Source: Sewer Operations Fund & Storm Drainage Fund)
• Resolution approving a Sole Source Agreement with Muniquip LLC., Roseville, CA, for Wemco/Hidrostal pumps, parts and electrical components, for a two (2) year Agreement with three (3) one-year extension options, for an annual estimated amount of $150,000, and a total amount not to exceed $804,248, over five (5) years, and authorizing the Director of Finance, or her designee, the ability to add parts based on the department’s needs, ensuring the total amount does not exceed the authorized total, and authorizing the City Manager, or his designee, to execute the Agreement.

UTILITIES; Jeff Daniels, 209-577-6255, [email protected] ACTION: (Wright/Escutia-Braaton; 7/0) Resolution 2026-277 approving a Sole Source Agreement with Muniquip LLC., Roseville, CA, for Wemco/Hidrostal pumps, parts and electrical components, for a two (2) year Agreement with three (3) one-year extension options, for an annual estimated amount of $150,000, and a total amount not to exceed $804,248, over five (5) years, and authorizing the Director of Finance, or her designee, the ability to add parts based on the department’s needs, ensuring the total amount does not exceed the authorized total, and authorizing the City Manager, or his designee, to execute the Agreement.

COUNCIL COMMENTS & REPORTS
• Councilmember Escutia-Braaton announced the upcoming opening of Green Acres Nursery at the former Toys-R-Us location and welcomed the family-owned business to the community. She also reported attending the graduation of six new Modesto Police Department officers.
• Councilmember Bavaro reported holding a District 4 neighborhood meeting to gather community input regarding data centers. Discussion focused on environmental impacts, noise, water and energy usage, and the potential costs and benefits to Modesto.
• Councilmember Ricci expressed appreciation to staff for efforts to redevelop the former Toys-R-Us property and address other vacant buildings. He also discussed the need for an ordinance addressing e-bikes following recent accidents and thanked Public Works for improvements in downtown Modesto.
• Councilmember Wright reported visiting the 4th Street Park Aquatic Center and praised the facility, its water features, lifeguard staffing, and positive community #3..
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response. He expressed interest in developing additional similar facilities throughout Modesto.
• Vice-Mayor Williams expressed appreciation for the comments shared by his fellow Councilmembers and spoke about his upcoming 40th wedding anniversary with his wife, Nancy, on August 27th. He expressed that he was thrilled, humbled, and thankful for his family, shared his love and appreciation for his wife, and noted that they have five grandchildren.
• Councilmember Alvarez highlighted the success and funding of the 4th Street Park Aquatic Center, including state, Measure H, and General Fund contributions, and noted that liability waivers are now available online. He recognized the Modesto Police Department for receiving statewide recognition and highlighted reductions in several major crime categories. He also discussed efforts to establish a separate micropermitting process to support the City's pop-up and small business community. • Mayor Zwahlen reported meeting with students from Modesto's sister city of Kurume, Japan, and with the new California Highway Patrol captain for the Modesto Division.

She also participated in the transition of Fourth of July parade responsibilities from the Kiwanis Club to the Stanislaus Latino Chamber of Commerce, attended a Kaiser Modesto Urgent Care ribbon cutting, and thanked volunteers at the McHenry Mansion and Museum. She announced the upcoming McClure Meadows ribbon cutting and recognized the life and accomplishments of Dolly Parton.

CITY MANAGER COMMENTS & REPORTS
• City Manager Lopez reported that the 4th Street Park is now open and welcoming thousands of visitors. He announced that a pre-registration process will be implemented to help reduce wait times and lines. He also recognized the Modesto Police Department for being named the 2025 Agency of the Year for the Sacramento Region by the FBI National Academy of the California Chapter and praised the department's efforts to reduce crime and fear of crime.

MATTERS TOO LATE FOR THE AGENDA
None.

ADJOURNMENT
This meeting adjourned at 6:23 p.m.

Attest: ____________________________
Diane Nayares-Perez, City Clerk
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CITY OF MODESTO

COUNCIL AGENDA REPORT
DATE OF MEETING:

September 1, 2026
Date: August 12, 2026
TO: Mayor and City Council
THROUGH: Joseph P. Lopez, City Manager
FROM: Toby Wells, Director of Engineering Services/City Engineer SUBJECT: Accept Sonoma Sewer Trunk Extension Phase 3 & 4A Project CONTACT: Pete Kambel, Senior Civil Engineer, [email protected], 209-577-5444
DESCRIPTION:

Consider accepting the improvements of the Sonoma Sewer Trunk Extension Phase 3 & 4A Project as complete, authorizing the City Manager, or his designee, to release payments totaling $1,173,469. (Funding Source: Sewer Fund) STRATEGIC PLAN ELEMENT:

The recommended action supports the City’s 2025-26 Strategic Plan Initiative, Goal D:

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

BACKGROUND:

KB Home North Bay LLC acquired the Tentative Map areas known as Snow and Arcadia of Tivoli and has expedited construction timelines for these new subdivisions. To ensure better coordination of infrastructure development, the developer requested to partner with the City to construct the proposed sewer improvements as part of their ongoing construction activities.

As is common in large subdivision projects, the developer was responsible for constructing various public infrastructure components related to the development.

Allowing the developer to incorporate the Sonoma Sewer Trunk Phase 3 & 4A into their construction activities improved efficiency and streamlined project execution. #4..
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Council Meeting, September 1, 2026
Accept Sonoma Sewer Trunk Extension Phase 3 & 4A Project

On March 11, 2025, by Resolution 2025-91, City Council approved an agreement with KB Home North Bay LLC for the construction and reimbursement of the Sonoma Sewer Trunk Extension Phase 3 & 4A Project.

The project installed approximately 2,900 feet of 24-inch diameter sewer trunk during Phases 3 and 4A of the Sonoma Trunk Project that begins on Aria Way, just north of Sylvan Avenue, and extends towards the projected alignment of Mable Avenue to serve the new homes in the Tivoli Specific Plan area.

DISCUSSION:

All work on this project was completed in August of 2026.

By accepting this project as complete, the City officially accepts the new and upgraded improvements into the City’s existing infrastructure and authorizes the Notice of Completion to be filed. The City Manager, or authorized designee is authorized to complete all the necessary steps to file Notice of Completion with the County Recorder, release securities, and authorize payments totaling $1,173,469 per the executed reimbursement agreement. The work is covered by a one-year warranty bond for any issues that may arise.

FISCAL IMPACT:

The total project costs were $1,173,469, which included all construction costs. The total project amount originally budgeted was $1,846,257, which included $1,678,415 for construction cost and 10% ($167,842) for construction contingency.

COMMITEEE RECOMMENDATION:

On March 3, 2025, this item was considered by the Economic Development Committee, which recommended it to be forwarded to Council for approval.

CEQA/NEPA REQUIREMENTS:

This action is exempt from CEQA under Section 15268(b)(3), which exempts ministerial actions.

RECOMMENDED COUNCIL ACTION:

Staff Recommendations:

Resolution accepting the improvements of the Sonoma Sewer Trunk Extension Phase 3 & 4A Project as complete, authorizing the City Manager, or his designee, to release payments totaling $1,173,469.
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Council Meeting, September 1, 2026
Accept Sonoma Sewer Trunk Extension Phase 3 & 4A Project

Approved by:

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

1. Resolution

2. KB Homes Invoice
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09/1/2026/ESD/PKambel 1 2026-??

MODESTO CITY COUNCIL
RESOLUTION NO. 2026-XX

RESOLUTION ACCEPTING THE IMPROVEMENTS OF THE SONOMA
SEWER TRUNK EXTENSION PHASE 3 & 4A PROJECT AS COMPLETE,

AUTHORIZING THE CITY MANAGER, OR HIS DESIGNEE, TO RELEASE PAYMENTS TOTALING $1,173,469
WHEREAS, KB Home North Bay LLC, the developer, acquired the Tentative Map areas known as Snow and Arcadia of Tivoli and has expedited construction timeline for these subdivisions; and
WHEREAS, the developer requested to partner with the City to construct the proposed sewer improvements as part of their ongoing construction activities; and
WHEREAS, allowing the developer to incorporate the Sonoma Sewer Trunk Phase 3 & 4A into their construction activities improved the efficiency and streamlined project execution; and
WHEREAS, on March 11, 2025, by Resolution 2025-91, City Council, approved an agreement with KB Homes for the reimbursement of the Sonoma Sewer Trunk Extension Phase 3 & 4A Project; and
WHEREAS, the project installed approximately 2,900 feet of 24-inch diameter sewer trunk during the Phases 3 and 4A of the Sonoma Trunk Project that begins on Aria Way, just north of Sylvan Avenue, and extends towards the projected alignment of Mable Avenue; and
WHEREAS, all work on this project was completed in August of 2026; and WHEREAS, total project costs were $1,173,469, which included all construction costs. The total project amount originally budgeted was $1,846,257, #4..
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09/1/2026/ESD/PKambel 2 2026-??
which included $1,678,415 for construction cost and 10% ($167,842) for construction contingency; and
WHEREAS, by accepting this project as complete, the City officially accepts the new and upgraded improvements into the City’s existing infrastructure and authorize payments totaling $1,173,469; and
WHEREAS, the work is covered by a one-year warranty bond for any issues that may arise.

NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Modesto that it hereby approves accepting the improvements of the Sonoma Sewer Trunk Extension Phase 3 & 4A Project as complete, authorizing the City Manager, or his designee, to release payments totaling $1,173,469. #4..
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09/1/2026/ESD/PKambel 3 2026-??
The foregoing resolution was introduced at a regular meeting of the Council of the City of Modesto held on the 1st day of September, 2026, by Councilmember ?, who moved its adoption, which motion being duly seconded by Councilmember ?, was upon roll call carried and the resolution adopted by the following vote:

AYES: Councilmembers:

NOES: Councilmembers:

ABSENT: Councilmembers:

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

BY: ___________________________________
JOSE M. SANCHEZ, City Attorney
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July 31 , 2026 4830 Business Center Drive, Suite 250 Fairfield CA 94534 Page 1 of 1

BILLING CONTACT
City of Modesto
1010 10th Street, Suite 3100
Modesto CA 95353

KB HOME
INVOICE (MOD-0001)

INVOICE NUMBER INVOICE DATE INVOICE DUE DATE INVOICE STATUS INVOICE DESCRIPTION MOD-0001 07/31 /2026 08/30/2026 Due Tivoli Sanitary Sewer Reimbursement

REFERENCE NUMBER DESCRIPTION TOTAL
Arcadia Tivoli Sanitary Sewer $461,079.00
Snow Tivoli Sanitary Sewer $712,390.00
SUB TOTAL $1,173,469.00
TOTAL
Remittance Information
KB Home
4830 Business Center Drive, Suite 250
Fairfield CA 94553
.00
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CITY OF MODESTO

COUNCIL AGENDA REPORT
DATE OF MEETING:

September 1, 2026
Date: August 5, 2026
TO: Mayor and City Council
THROUGH: Joseph P. Lopez, City Manager
FROM: Chad Reed, Director of Public Works
SUBJECT: Second Amendment to the Agreement with HDR Engineering, Inc. to Complete Assigned Work and Gain Regulatory Compliance for the Carpenter Road Landfill
CONTACT: John Chavez, Integrated Waste Manager, jchavez@ modestogov.com, 209-577-5453
DESCRIPTION:

Consider approving the Second Amendment with HDR Engineering, Inc., of Folsom, CA to complete assigned work and gain Regulatory Compliance for the Carpenter Road Landfill, Modesto California, thereby increasing the Agreement amount by $820,774 through the duration of the Agreement. (Funding Source: Carpenter Road Landfill) STRATEGIC PLAN ELEMENT:

The recommended action supports the City’s 2025-2026 Strategic Plan Area of Focus:

Goal B: “Increase pride in Modesto’s diverse neighborhoods and business districts through Strategy 1: Invest in beautification efforts and by investing in community assets and amenities.”
BACKGROUND:

The City of Modesto owned and operated the Carpenter Rd Landfill from 1956-1968. It was a pre-Subtitle D landfill, which means there was never a liner put in, or gas and leachate control systems. The landfill size is thirty-nine acres and is split into two areas, east and west, bordering Carpenter Road. The City has ensured post-closing monitoring of water and gas wells, as well as general maintenance as required under State law. In the mid-2000’s there was a spike in one methane gas well, as well as a release of Volatile Organic Compounds (VOC’s). The Regional Water Quality Control Board (Water Board) mandated the City to provide a Mitigation and Monitoring Plan, as well as a Corrective Action Plan. In 2015 the Water Board issued a Cleanup and Abatement Order (CAO) to #5..
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City Council, September 1, 2026
Second Amendment to the Agreement with HDR Engineering, Inc to Complete Assigned Work and to Gain Regulatory Compliance for the Carpenter Road Landfill

the City based on their approval of the Corrective Action Plan. The City agreed to cleanclose the east fill and move all the waste to the west fill. The idea behind this would be that all the waste would be contained in one area on the west side and a culvert and pipe would be placed to capture water runoff that would drain into a clean retention basin on the east side. The Water Board accepted this plan. The City conducted an initial study for a mitigated negative declaration and all agencies that were required to be notified were notified. Construction was planned to begin in 2016-2017, however, unusually wet weather delayed the project by approximately one year.

The City then went out to bid in 2018 and on August 14, 2018, by Resolution No. 2018- 345 Council awarded the project to Pacific States Environmental Contractors, Inc. of Dublin, CA. Construction began in 2018 and by August 2020, observable waste, and impacted soil from the Eastern Waste Management Unit (WMU) was removed and consolidated into the Western WMU, and a new soil cover was installed atop the Western WMU. A stormwater retention basin was constructed in the former Eastern WMU location, and documents were submitted to the Water Board regarding the closure. The Water Board contends that the documents are not complete, and subsequent submittal of additional information did not completely satisfy the requirements of the CAO. The Water Board has provided notice that the City remains non-compliant with the CAO and that it may be subject to significant civil penalties until the delinquent reports are resolved.

On September 12, 2023, by Resolution No. 2023-412, the City entered into an agreement with HDR Engineering, Inc., of Folsom, CA to complete assigned work and to gain regulatory compliance for the Carpenter Road Landfill, for an amount not to exceed $271,700 over a five-year period, plus $27,170 for additional services authorized by the City Manager, for a total amount not to exceed $298,870.

On June 24, 2025, the First Amendment to the Agreement was approved via Council Resolution No. 2025-238, to complete assigned work and to gain regulatory compliance, and to increase the amount of the Agreement to $351,450. This Amendment was needed for costs associated with trenching that would take place on the South end of the landfill adjacent to the Tuolumne River. The purpose of the trenching was to identify and locate any potential residual waste that may remain on site so that it could be properly removed and disposed of. This step was imperative to verify that any residual waste present within the area was identified and addressed prior to proceeding with closure activities. The removal and proper disposal of any uncovered waste is paramount to achieving clean closure status and obtaining regulatory approval of the final cover system. Completion of this work is necessary to demonstrate that residual waste has been adequately addressed and that the site can continue under the Post-Closure Maintenance Plan in compliance with applicable regulatory requirements.

DISCUSSION:

This Second Amendment is necessary to complete the regulatory compliance activities required by the State Water Resources Control Board and associated permitting #5..
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City Council, September 1, 2026
Second Amendment to the Agreement with HDR Engineering, Inc to Complete Assigned Work and to Gain Regulatory Compliance for the Carpenter Road Landfill

agencies, enabling the City of Modesto to resolve outstanding compliance obligations at the Carpenter Road Landfill. During exploratory trenching conducted as part of the ongoing compliance activities, previously unidentified trash was discovered. The presence of this waste requires additional work beyond the scope of the original Agreement to fully address the conditions identified in the field and satisfy the requirements of the Cleanup and Abatement Order (CAO). Completion of this work will address the identified waste, fulfill the applicable CAO requirements, and serve as a milestone in bringing the site into regulatory compliance.

Phase 1
Task 100 Project Management
Task 200 Site Reconnaissance and Kickoff Meeting
Task 300 Cover Completion Confirmation Work Plan
Task 400 Stormwater Repair and Protection Work Plan
Task 500 Residual Waste Removal Work Plan
Task 600 Clean Closure Results Discussion
Task 700 Post-Closure Maintenance Plan (PCMP)
HDR Engineering Inc. is currently working on all Phase 1 tasks. Task 500: Residual Waste Removal Work Plan, removes the waste materials that are located on the banks of the Tuolumne River. To conduct any work at the location, the City needed to obtain a permit from the California Department of Fish and Wildlife (CDFW). In October 2024, the City submitted an application to obtain a Lake or Streambed Alteration Agreement. On February 28, 2025, CDFW issued an Operation of Law letter stating that because they did not respond to the City by January 31, 2025, an agreement is not required. However, the City is still obligated to complete the project as exactly described in the application without an agreement.

The CDFW permit indicated that the City is responsible for complying with certain biological monitoring requirements such as Fish and Game Code sections 2080, 1908, 3511, 4700, 5050, and 5515, and other sections mentioned in the notice. Also, the Water Board indicated that the City is required to excavate additional trenches by the riverbank.

With the above requirement, the City is requesting a Second Amendment to the current Agreement with HDR Engineering, Inc.

In September 2025, HDR submitted a Cover Repair Alternatives Analysis and cost estimate presenting four alternatives to achieve cover density and moisture content requirements for the landfill cover and for removal of residual waste. This proposal is based on the City’s selection of cover mitigation alternative 2 to reconstruct the soil cover and remove residual waste.

The following tasks have been identified to complete Residual Waste Removal Work Plan:
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City Council, September 1, 2026
Second Amendment to the Agreement with HDR Engineering, Inc to Complete Assigned Work and to Gain Regulatory Compliance for the Carpenter Road Landfill

Task 5 – Residual Waste Removal Work Plan
a. Environmentally Sensitive Area Fencing Oversight
b. Conduct Worker Environmental Awareness Training
c. Nesting Bird and Raptor Surveys
d. Pond Turtle Nesting Survey
e. Roosting Bats and Maternity Colony Survey
f. Burrowing Owl Survey
g. Biological Monitoring during Trenching
h. Underground Utility Marking
i. Additional Trenches
Modesto Municipal Code Section 8-3.203 generally requires all purchases, which meet or exceed $100,000 for material, equipment, or contractual services to be formally bid.

However, exceptions to the formal bidding process are granted in MMC 8-3.204(f) “Where the Purchasing Manager in her discretion, determines that it is appropriate to amend the services or goods provided under an existing agreement to include additional similar goods or services, of limited quantity or scope, in order to increase efficiency and avoid delays or disruptions to City projects or services. Thus, HDR has started the process to obtain a CDFW permit required to complete the original scope of work; this amendment is necessary to conduct biological monitoring as required for the CDFW permit.

FISCAL IMPACT:

On September 12, 2023, by Resolution No. 2023-412, the City entered into an Agreement with HDR Engineering, Inc. of Folsom, CA to complete assigned work and to gain regulatory compliance for the Carpenter Road Landfill for an amount not to exceed $271,700 over a five-year period.

The First Amendment increased the total by $47,800 to a new total amount not to exceed $319,500 plus $31,950 for additional services authorized by the City Manager, for a total amount not to exceed $351,450.

This Second Amendment will increase by $820,774 to a new total amount not to exceed $1,065,658 plus $106,566 for additional services authorized by the City Manager. The expenses for the agreement will be absorbed within the current Carpenter Road Landfill operating budget.

Task Deliverable Fee
Task 800 Kick-off Meeting & Project Management $84,689
Task 900 Site Repair Design and Contract Documents $98,152 Task 1000 Construction Administration $133,596
Task 1100 Construction Observation $90,648
Task 1200 Revised Final Construction and Completion
Report
$48,951
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City Council, September 1, 2026
Second Amendment to the Agreement with HDR Engineering, Inc to Complete Assigned Work and to Gain Regulatory Compliance for the Carpenter Road Landfill

Task 1300 Waste Removal Permitting $110,455
Task 1301 OPTIONAL Waste Removal Permitting $88,820
Task 1400 Waste Removal Oversight and Reporting $145,064 Task 1500 Remote and On-Site Meeting Support $20,399
TOTAL $820,774
COMMITTEE RECOMMENDATION:

This item was presented to Economic Development Committee on August 3, 2026, and the Committee recommended that it be forwarded to the City Council for approval.

CEQA/NEPA REQUIREMENTS:

Environmental review for the Carpenter Road Landfill Clean Closure Project was completed through an Initial Study and Mitigated Negative Declaration adopted by the City Council on March 13, 2018, via Resolution No. 2018-113. The proposed Agreement Amendment supports ongoing work associated with implementation of that project.

RECOMMENDED COUNCIL ACTION:

Staff Recommendations:

Resolution approving the Second Amendment to the Agreement with HDR Engineering, Inc., of Folsom, CA., to complete assigned engineering and permitting work as next steps to gain regulatory compliance for the Carpenter Road Landfill, Modesto, California, increasing the Agreement amount by $820,774, to a new total amount not to exceed $1,172,224 through the term of the Agreement, and authorizing the City Manager, or his designee, to execute the Amendment.

Approved by:

Chad Reed, Director of Public Works
Joseph P. Lopez, City Manager
Attachments:

1. Resolution

2. Second Amendment for HDR Consulting Service

3. Executed First Amendment to Agreement

4. Executed Agreement HDR Carpenter LF Closure Phase I

5. Exhibit A

6. Exhibit A-1

7. Exhibit B (SOW)
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09/01/2026/PW/JChavez/Item XX 1 2026-XXX

MODESTO CITY COUNCIL
RESOLUTION NO. 2026-XXX

RESOLUTION APPROVING THE SECOND AMENDMENT TO THE
AGREEMENT WITH HDR ENGINEERING, INC. OF FOLSOM, CA., TO

COMPLETE ASSIGNED ENGINEERING AND PERMITTING WORK AS NEXT

STEPS TO GAIN REGULATORY COMPLIANCE FOR THE CARPENTER ROAD

LANDFILL, MODESTO, CALIFORNIA, INCREASING THE AGREEMENT AMOUNT BY $820,774, TO A NEW TOTAL AMOUNT NOT TO EXCEED $1,172,224 THROUGH THE TERM OF THE AGREEMENT, AND AUTHORIZING

THE CITY MANAGER, OR HIS DESIGNEE, TO EXECUTE THE AMENDMENT WHEREAS, the City of Modesto owned and operated the Carpenter Rd Landfill from 1956-1968; and
WHEREAS, the City has ensured post-closing monitoring of water and gas wells, as well as general maintenance as required under State law; and WHEREAS, in the mid-2000’s there was a spike in one methane gas well, as well as a release of Volatile Organic Compounds (VOC’s); and WHEREAS, the Regional Water Quality Control Board (Water Board) mandated the City to provide a Mitigation and Monitoring Plan, as well as a Corrective Action Plan; and
WHEREAS, the Water Board issued a Cleanup and Abatement Order (CAO) to the City based on their approval of the Corrective Action Plan; and WHEREAS, the City agreed to clean-close the east fill and move all the waste to the west fill; and
WHEREAS, construction began in 2018 and by August 2020, observable waste, and impacted soil from the Eastern Waste Management Unit (WMU) was removed and consolidated into the Western WMU, and a new soil cover was installed atop the Western WMU; and
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09/01/2026/PW/JChavez/Item XX 2 2026-XXX
WHEREAS, documents were submitted to the Water Board regarding closure, however the Water Board provided notice that the City remains noncompliant and may be subject to penalties until resolved; and WHEREAS, on September 12, 2023, by Resolution No. 2023-412, the City entered into an agreement with HDR Engineering, Inc. to complete assigned work and to gain regulatory compliance for the Carpenter Road Landfill for an amount not to exceed $271,700 over a five-year period, plus $27,170 for additional services authorized by the City Manager, for a total amount not to exceed $298,870; and
WHEREAS, on June 24, 2025, the First Amendment to the Agreement was approved via Council Resolution No. 2025-238, to complete assigned work and to gain regulatory compliance, and to increase the amount of the Agreement to $351,450; and
WHEREAS, HDR Engineering, Inc. reviewed the existing CAO received from the Water Board and the supporting documents provided by the City; and WHEREAS, the plan is to remove the waste materials that are located on the banks of the Tuolumne River; and the Water Board indicated that the City is required to excavate additional trenches by the riverbank; and WHEREAS, in September 2025, HDR submitted a Cover Repair Alternatives Analysis and cost estimate to achieve cover density and moisture content requirements for the landfill cover and for removal of residual waste; and WHEREAS, Modesto Municipal Code Section 8-3.203 generally requires all purchases, which meet or exceed $100,000 for material, equipment, or #5..
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09/01/2026/PW/JChavez/Item XX 3 2026-XXX
contractual services to be formally bid. However, exceptions to the formal bidding process are granted in MMC 8-3.204 where the Purchasing Manager, in his or her discretion, determines that it is appropriate to amend the services or goods provided under an existing agreement to include additional similar goods or services, of limited quantity or scope, in order to increase efficiency and avoid delays or disruptions to City projects or services.

NOW, THEREFORE, BE IT RESOLVED, by the Council of the City of Modesto that it hereby approves a Second Amendment to the Agreement with HDR Engineering, Inc., of Folsom, CA., to complete assigned engineering and permitting work as next steps to gain regulatory compliance for the Carpenter Road Landfill, Modesto, California, increasing the Agreement amount by $820,774, to a new total amount not to exceed $1,172,224 through the term of the Agreement.

BE IT FURTHER RESOLVED, that the City Manager, or his designee, is hereby authorized to execute the Amendment, in a form approved by the City Attorney.
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09/01/2026/PW/JChavez/Item XX 4 2026-XXX
The foregoing resolution was introduced at a regular meeting of the Council of the City of Modesto held on the 1st day of September, 2026 by Councilmember ?, who moved its adoption, which motion being duly seconded by Councilmember ?, was upon roll call carried and the resolution adopted by the following vote:

AYES: Councilmembers:

NOES: Councilmembers:

ABSENT: Councilmembers:

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

BY: _______________________________
JOSE M. SANCHEZ, City Attorney
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SECOND AMENDMENT TO THE AGREEMENT
FOR CONSULTANT SERVICES WITH HDR ENGINEERING, INC.

This SECOND AMENDMENT for Consultant Services is made with reference to the contractual agreement between the CITY OF MODESTO, a municipal corporation of the State of California (hereinafter the “CITY”) and HDR ENGINEERING, INC., a Nebraska corporation (hereinafter “CONSULTANT”) as of the ________ day of ___________ 2026, hereinafter referred to as "ORIGINAL AGREEMENT".

This SECOND AMENDMENT to AGREEMENT for Consultant Services is made with regard to the following recitals:

The ORIGINAL AGREEMENT between CITY and CONSULTANT was approved via Council Resolution No. 2023-412 .

On or about June 24, 2025, the FIRST AMENDMENT to the ORIGINAL AGREEMENT was approved via Council Resolution No. 2025-238 , to complete assigned work and to gain regulatory compliance, and to increase the amount of the Agreement .

Paragraph No. 9 "AMENDMENTS" of the ORIGINAL AGREEMENT acknowledges the parties understand it may become desirable or necessary for CITY or CONSULTANT to modify the scope of services provided for under the Agreement and any such modification must be in writing signed by both parties.

Paragraph No. 3 "COMPENSATION" of the ORIGINAL AGREEMENT for Consultant Services specifies the sum of THREE HUNDRED FIFTY ONE THOUSAND FOUR HUNDRED FIFTY AND 00/100 ($351,450) as the total compensation CONSULTANT agrees to accept for performing all services and furnishing all staffing and materials for the project as well as performance by CONSULTANT of all of its duties and obligations required in the ORIGINAL AGREEMENT.

On or about June 2, 2026, CONSULTANT submitted to the CITY a proposal for cover repair design, contract administration and construction quality assurance services, with residual waste removal permitting and oversight for Carpenter Road Landfill, Modesto, CA.

The aforementioned estimated additional tasks increase the amount of the ORIGINAL AGREEMENT by EIGHT HUNDRED TWENTY THOUSAND SEVEN HUNDRED SEVENTY FOUR AND 00/100 ($820,774). The amounts listed above are the estimated level of effort for each task. In no case shall the total fee exceed the total contract amount under the ORIGINAL AGREEMENT, including Additional Services as authorized, and this SECOND AMENDMENT to Agreement without memorializing an additional written amendment to the original contract signed by both parties.

The parties to the ORIGINAL AGREEMENT and to this SECOND AMENDMENT to Agreement now understand and agree that it is necessary to modify Paragraph no. 1 entitled “SCOPE OF SERVICES” of the ORIGINAL AGREEMENT.
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The parties to the ORIGINAL AGREEMENT and to this SECOND AMENDMENT to Agreement now understand and agree that it is necessary to modify Paragraph no. 3 entitled “COMPENSATION” of the ORIGINAL AGREEMENT.

The parties to the ORIGINAL AGREEMENT and to this SECOND AMENDMENT to Agreement further understand and agree the ORIGINAL AGREEMENT is modified solely by the modifications contained in this SECOND AMENDMENT to Agreement and in no other way whatsoever.

NOW, THEREFORE, in consideration of this SECOND AMENDMENT to Agreement, and the mutual promises, covenants, and stipulations contained in the ORIGINAL AGREEMENT for CONSULTANT SERVICES and this SECOND AMENDMENT, the parties agree as follows:

1. The parties agree that each of the recitals set out above is factually true and correct.

2. Paragraph no. 1 entitled "SCOPE OF WORK" of the ORIGINAL AGREEMENT shall be deleted and the parties agree to and hereby do substitute the following in its place:

SCOPE OF SERVICES.

Consultant shall undertake and complete the preparation of the scope of work as set forth and described in the documents attached hereto and referred to as Exhibit A, Exhibit A-1 and Exhibit A-2. The Consultant shall perform the services as described in Exhibit A, Exhibit A-1, and Exhibit A-2 in a manner compatible with the standards of its profession and shall produce a fully complete project that is acceptable to City.

3. Paragraph no. 3 entitled "COMPENSATION" of the ORIGINAL AGREEMENT shall be deleted and the parties agree to and hereby do substitute the following in its place:

COMPENSATION.

Consultant agrees to accept a sum not to exceed ONE MILLION SIXTY FIVE THOUSAND SIX HUNDRED FIFTY EIGHT AND 00/100 DOLLARS ($1,065,658) (maximum compensation) as full remuneration for performing all services and furnishing all staffing and materials for CITY in accordance with Exhibit A, Exhibit A-1, and Exhibit A-2 attached hereto for performance by CONSULTANT of all of its duties and obligations under this Agreement, except that additional services may be compensated as described below.

The compensation shall be paid pursuant to and in the manner and at the time set forth below:

CITY shall pay CONSULTANT on a time and materials basis for CONSULTANT’s actual costs for all work called for in Exhibit A, Exhibit A-1, and Exhibit A-2 to this AGREEMENT. All work to be performed under this AGREEMENT shall be billed on a lump sum basis for percent completion on each of the tasks set forth in Exhibit A, Exhibit A-1, and Exhibit A-2 attached hereto. CONSULTANT shall submit monthly invoices to CITY which include detailed tasks, hours worked, and billable rates for all work completed, and #5..
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detailed receipts for any reimbursable expenses paid by CONSULTANT and identified in Exhibit A, Exhibit A-1, and Exhibit A-2 or approved by the CITY in writing. Expenses for travel reimbursement shall comply with the City's Administrative Directive (AD) 1.2, as amended periodically. The City's AD 1.2 can be accessible at the link provided - https://www.modestogov.com/DocumentCenter/View/24156/Citys-AdministrativeDirective-12.

CITY shall pay CONSULTANT "Net 45 Days via manual check". CITY shall pay all undisputed amounts within 45 days following receipt of the CONSULTANTS' invoice.

Additional services may be authorized by the City Manager in an amount up to, but not to exceed 10% of the agreed maximum compensation, or ONE HUNDRED SIX THOUSAND FIVE HUNDRED SIXTY SIX AND 00/100 DOLLARS ($106,566). In the event that additional services are deemed necessary, the Consultant shall provide a written request to the City Manager indicating the reason for additional work, scope and cost of such work. The City Manager shall provide a written response to the request, either approving or denying the additional expenditure. If additional services are requested and approved, they will be billed at the hourly rates set forth in Exhibit A-2 and may not exceed the amount requested and approved in writing by the City Manager. In that event, the new total compensation shall not exceed ONE MILLION ONE HUNDRED SEVENTY TWO THOUSAND TWO HUNDRED TWENTY FOUR AND 00/100 DOLLARS ($1,172,224). If additional services in excess of this amount are deemed necessary by City Staff, an amendment to this Agreement will be required and must be approved by the City Council prior to commencing the work, as provided in Paragraph 9 of this Agreement.

4. Except as herein amended or modified, the provisions of the ORIGINAL AGREEMENT are expressly reaffirmed and remain in full force and effect to the extent they are not in conflict with this SECOND AMENDMENT.

IN WITNESS WHEREOF, the CITY OF MODESTO, a municipal corporation, has authorized the execution of this SECOND AMENDMENT to the ORIGINAL AGREEMENT for CONSULTANT SERVICES by its City Manager and attestation by its City Clerk under the authority of Resolution No. ___________ on the ________ day of ___________ 2026, and HDR ENGINEERING, INC. has caused this SECOND AMENDMENT to be duly executed as of the Effective Date. #5..
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hdrinc.com
3003 Oak Road, Suite 500, Walnut Creek, CA 94597-4541
(925) 465-2700
March 24, 2025
Rosene Nguyen
City of Modesto, Integrated Waste Program Manager
Department of Public Works
PO Box 642
Modesto, CA 95353
[email protected]
Subject: Amendment 1
Agreement for Carpenter Road Landfill Closure Phase I Regulatory Assistance for Consultant Services, Agreement #253660
HDR Project No.: 10384692
Dear Rosene,
Per our communication of March 13, 2025, HDR is providing this Scope of Work amendment in accordance with Item 9 Amendments and Item 13 Notices of our contract. The scope of work in this Amendment 1 pertains to biological monitoring services specified in the CDFW permit and additional trenches requested by the RWQCB. The fixed price for the work described herein is $47,800. Your signature below will serve as HDR’s authorization to proceed.

We appreciate the opportunity to provide our support to the City of Modesto (City) on this project. Should you have any questions, please contact Charlie O’Neill at (916) 817.4764 / [email protected].

Sincerely,
HDR Engineering Inc.

Charlie O’Neill Holly Kennedy, PE
Project Manager Sr. Vice President
__________
Signed by:

City of Modesto, Department of Public Works
Rosene Nguyen
Integrated Waste Program Manager
Exhibit "A1" #5..
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City of Modesto | Proposal
Carpenter Road Landfill Closure Phase I Regulatory Assistance, Amendment 1 2 Carpenter Road Landfill Closure Phase I
Regulatory Assistance
Amendment 1 / Contract Agreement #253660
Introduction
This amendment was prepared to provide supplemental services for landfill regulatory assistance as presented in HDR’s proposal dated April 3, 2023. This Amendment 1 consists of the following tasks:
 Task 1 - Weekly Meetings and Project Management
 Task 5 - Residual Waste Removal Work Plan
Task 1 - Weekly Meetings and Project Management.

This task includes communication between the City and HDR; planning, organizing, and monitoring project team activities; attending meetings, as requested; responding to specific requests not specifically addressed in the scope; and preparing and updating project schedule.

This task was scheduled for a 120-day duration starting December 2023 with up to six ad-hoc one-hour meetings with the City with up two HDR staff. This scope item has been extended as part of project requirements. HDR anticipates an additional six months duration to the project with an additional six monthly meetings attended by up to two HDR staff.

DELIVERABLES:
 HDR will take attendance and drive presentations at meetings.  HDR will provide project schedule updates on a monthly basis.

ASSUMPTIONS:
 There will be up to 6 ad-hoc one-hour teleconferences between the City and (up to) two HDR staff.

Task 5 – Residual Waste Removal Work Plan
The objective of this amended activity is for HDR to assist the City with its compliance obligations including requirements from the California Department of Fish and Wildlife (CDFW).1 a) Environmentally Sensitive Area Fencing Oversight: Environmentally sensitive areas identified by the HDR biologist will be avoided during project activities. These areas will be temporarily fenced and/or flagged as close to work limits as feasible. Fencing or flagging will be high-visibility and left in place for the duration of the project. The location and extent of fencing/flagging will be determined by HDR Biologist who will oversee its installation and conduct regular inspections. The HDR biologist will demarcate the 1 In October 2024, the City submitted an application to obtain a Lake or Streambed Alteration Agreement (Agreement). On February 28, 2025, CDFW issued am Operation of Law letter stating that because they did not respond to the City by January 31, 2025, an Agreement is not required. However, the City is still obligated to complete the project as exactly described in the application without an Agreement. #5..
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City of Modesto | Proposal
Carpenter Road Landfill Closure Phase I Regulatory Assistance, Amendment 1 3 location of fencing in the field with stakes and flagging. Fencing will delineate riparian habitat, nests, elderberry shrubs, pond turtle nests, or other sensitive resources. b) Conduct Worker Environmental Awareness Training: Prior to the onset of work activities, an HDR biologist will prepare and conduct mandatory contractor/worker environmental awareness training for personnel to inform them on the locations of sensitive biological resources and site-specific protective measures required during construction activities. If new personnel are added to the project, the City will require them to receive the mandatory training prior to starting work. Training will discuss special-status species, including species identification, a description of life history, habitat requirements during various life stages, and the species’ protected status. The training is expected to be no more than 15 minutes in duration and will be performed prior to excavation activities. c) Nesting Bird and Raptor Surveys: Within 15 days prior to trenching that will occur between March 1 and August 15, an HDR biologist will conduct pre-construction surveys for tree-nesting raptors and migratory songbirds. Nesting habitat for tree nesting raptors and migratory songbirds will be surveyed within 250 feet of the proposed construction areas. HDR biologist will conduct Swainson’s hawk surveys per guidelines provided in the Recommended Timing and Methodology for Swanson’s Hawk Nesting Survey in the Central Valley (Swainson’s Hawk Technical Advisory Committee 2000). If no Swanson’s Hawk nests are observed, then no further mitigation is required. If a Swanson’s Hawk nest is observed, then mitigation of avoidance or project delay will occur. d) Pond Turtle Nesting Survey: Within 15 days prior to project activities, a survey will be conducted for the presence of nesting pond turtles. If no nesting pond turtles are detected, no further mitigation is required. If nesting pond turtles are detected, then exclusionary fencing in the vicinity of the nest will be used to reduce potential for pond turtle encroachment to the trenching area. This fencing will be maintained throughout the duration of trenching in the vicinity of the nest. The integrity of the exclusion fencing will be checked daily by a biological monitor, or a designee. Additionally, HDR’s biological monitor will check the work area in the morning before construction begins to confirm that no turtles are within the exclusion area. If an individual or nest is observed in the impact area, construction activities will stop until the biological monitor establishes an appropriate buffer, or the turtle is no longer in the impact area.

If work is performed between May-July during nesting season, surveys for nesting females will be required no more than 48 hours prior to ground disturbance activities. A qualified biologist shall survey the work site and 400 meters up and downstream for signs of nesting and occupation. If nests are encountered, an exclusion buffer will be delineated around the nest area where no work shall occur until the end of nesting season. If work must occur within the nesting area, the City will obtain necessary authorization from the U.S. Fish and Wildlife Service for relocation authority and procedures.
e) Roosting Bats and Maternity Colony Survey: If ground disturbing activities commence on the project site during the breeding season of native bat species (April 1 to August 31), #5..
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City of Modesto | Proposal
Carpenter Road Landfill Closure Phase I Regulatory Assistance, Amendment 1 4 then a field survey shall be conducted by a qualified bat biologist to determine whether active roosts are present on site or within fifty (50) feet of the project boundaries.

Field surveys shall be conducted early in the breeding season before project activities begin, when bats are establishing maternity roosts but before pregnant females give birth (April through early May). If no roosting bats are found, then no further mitigation is required. If roosting bats are found, then disturbance of the maternity roosts shall be avoided by halting project activities until the end of the breeding season, or a qualified bat biologist removes and relocates the roosting bats in consultation with CDFW through a separate permit application process.
f) Burrowing Owl Survey: Within fifteen (15) days prior to project activities a survey for burrowing owls will be conducted between March and May. Fossorial mammal burrows within the trenching area will be examined for signs of occupation by burrowing owls including presence of pellets, whitewash around the opening, or scattered feathers. If no burrowing owls are detected, no further mitigation is required. If burrowing owls are detected, no work will occur until the burrowing owls leave, or the City would apply for an Incidental Take Permit (ITP). If an ITP is pursued, no work will occur until the City receives the ITP.
g) Biological Monitoring during Trenching: A biological monitor will be provided during each day of trenching activities. This will include monitor led environmental awareness training for construction workers at the start of each day and observation of biological protectiveness measures.
h) Underground Utility Marking: As required by state law, HDR will mark each trench location and notify USA North 811 to mark underground utility locations in the vicinity of each trench.
i) Additional Trenches: In its letter dated May 23, 2024, the Central Valley Regional Water Quality Control Board (CVRWQCB) requested additional trenches be excavated to better define the extent of waste. The response to the CVRWQCB’s comment resulted in siting of five additional trenches.

DELIVERABLES:
 A meeting agenda will be provided prior to each meeting.  A brief memorandum will be prepared by an HDR biologist to summarize results of required pre-construction surveys.
 A brief memorandum will be prepared by HDR biologist to summarize the monitoring effort conducted.

ASSUMPTIONS:
 The biological surveys and the trench marking will each be performed on the same day by two HDR staff members.
 The five additional trenches will require two additional days of field activity. A total of twelve (12) trenches will be excavated.
 HDR will provide and install stakes, flagging / fencing to delineate environmentally sensitive areas. An HDR biologist will provide oversight of installation. #5..
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City of Modesto | Proposal
Carpenter Road Landfill Closure Phase I Regulatory Assistance, Amendment 1 5  A total of 5 days is assumed for trenching effort. Twelve hours per day is assumed for monitoring which includes daily travel to/from project location.  Per California Environmental Quality Act Initial Study prepared by the City in 2017, cultural monitoring is not required; therefore, no cultural monitor is being provided by HDR.
 The City will not remove trees greater than 2-inches in diameter.  No direct impacts (i.e., trimming, thinning or removal) to elderberry shrubs will occur.  A pre-construction or monitoring report will be prepared by HDR’s biologist; however, the reports will not be submitted to CDFW as it wasn’t identified in the application for the Agreement.
 A Storm Water Pollution Prevention Plan will not be required due to disturbance of the twelve (12) trenches is less than 1 acre.
 Deliverables under this task order will be prepared and submitted electronically.

A budget summary for this amendment is provided below:

This proposal is valid for ninety (90) days from the date of submission. Thereafter, it may be subject to change.
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hdrinc.com
2365 Iron Point Road, Suite 300, Folsom, CA 95630-8709
(916) 817-4700
June 2, 2026
John Chavez
Integrated Waste Program Manager
City of Modesto Department of Public Works
PO Box 642
Modesto, CA 95353
Subject: Proposal for Cover Repair Design, Contract Administration and Construction Quality Assurance Services, with Residual Waste Removal Permitting and Oversight
Carpenter Road Landfill, Modesto, CA
Dear Mr. Chavez,
In accordance with our April 6, 2026, meeting and our correspondence through May 27, 2026, HDR has prepared this scope of services at your request to facilitate regulatory compliance for the Carpenter Road Landfill (Landfill). The Central Valley Regional Water Quality Control Board (Water Board) has notified the City of Modesto (City) that the Landfill cover does not meet soil compaction standards, that the stormwater management system and the southern slope stabilization of the closed landfill need to be improved to meet regulatory requirements, and that waste observed between the southern landfill boundary and north of the Tuolumne River (residual waste) requires excavation and disposal before certification for landfill closure. The City has requested this scope of work from HDR to resolve these noncompliance items.

1.0 Background
The City owns and maintains the former Carpenter Road Landfill, regulated by the Water Board.

The Landfill site is approximately four miles southwest of the City along Carpenter Road, immediately north of the Tuolumne River. The Landfill formerly included two individual unlined waste management units (WMUs), the Eastern WMU and the Western WMU, split geographically by Carpenter Road.

In 2015, the Water Board issued CAO R5-2015-0700 directing the City to address landfillrelated groundwater impacts along the Tuolumne River and to clean-close the Eastern WMU by relocating its waste to the Western WMU. The order also required the City to install a final cover over the Western WMU, construct a stormwater retention basin, and submit reports demonstrating completion of the required CAO tasks.

Between August 2019 and March 2021, observable waste and impacted soil from the Eastern WMU were removed and consolidated into the Western WMU, and a new soil cover was installed atop the Western WMU. A stormwater retention basin was constructed in the former Eastern WMU location, and documents were submitted to the Water Board regarding closure.

The Water Board contends that the documents are incomplete, and that the subsequent submittal of additional information, as recently as January 25, 2023, by others on behalf of the City did not fully satisfy the requirements of the CAO. The Water Board was not in receipt of Exhibit B (SOW) #5..
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City of Modesto | Proposal
Cover Repair Design, Contract Administration and Construction Quality Assurance Services compaction or physical property testing of the installation of the Western WMU cover and requested that verification testing be performed.

In April 2024, HDR prepared a Stormwater Repair Work Plan that presented the results of hydraulic modeling intended to assess the potential for final cover erosion during a 100-year, 24-hour precipitation event and to evaluate surface water elevations and velocities along the southern slope of the WMU from a 100-year flood event on the Tuolumne River.

In May 2024, HDR performed post-WMU cover installation Construction Quality Assurance (CQA) testing and observations to document the construction of the final cover at the Carpenter Road Landfill. The CQA testing documented that the cover soil met the requirements for 100% passing 3 inches and the minimum soil cover thickness. However, the minimum requirement of achieving soil cover compaction at 95% of the maximum dry density was not met across the three lifts, with the lowest lift having the lowest average compaction.

In August 2025, HDR excavated twelve trenches to assess the extent of residual waste on the south side of the site, abutting the Tuolumne River. The findings indicated that approximately 1,660 cubic yards of waste and soil were present in the vicinity of two co-located trenches.

In September 2025, HDR submitted a Cover Repair Alternatives Analysis and cost estimate, presenting four alternatives to achieve cover density and moisture content requirements for the landfill cover and for removal of residual waste. This proposal is based on the City’s selection of cover mitigation alternative 2 to reconstruct the soil cover and remove residual waste.

2.0 Scope of Services
The scope and deliverables presented herein address the Water Board’s requested work as presented in its letter dated April 6, 2026.

Task 800: Kick-off Meeting and Project Management
HDR will schedule and facilitate a kick-off meeting within two (2) weeks of receiving the notice to proceed. The meeting will cover both technical and administrative project items with key team members. Throughout execution of the tasks described in this scope, HDR will support the taskspecific activities through coordination of team members, meetings, communication, reporting, and quality controls. This task has been established in recognition that these activities transcend individual tasks; are required for effective project execution; may require flexibility in timing, extent, and response to project needs; and cannot always be precisely predicted or assigned to a single activity.

This task includes communication between the City and HDR; planning, organizing, and monitoring project team activities; attending meetings, as requested; responding to specific requests not specifically addressed in the scope; and preparing and updating project schedules.

Overall coordination includes the following:
• Identify key personnel and their roles.
• Allocate resources based on project schedules and activities. • Coordinate production.
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City of Modesto | Proposal
Cover Repair Design, Contract Administration and Construction Quality Assurance Services • Prepare and update overall project schedules.
• Coordinate activities affecting HDR’s services.
• Develop internal guidance documents for HDR personnel to define key project objectives, activities, constraints, guidelines, and procedures. • Maintain SharePoint or a similar cloud-based data exchange site.

DELIVERABLES
• Draft agenda for the kick-off meeting
• Attendance and presentations at meetings.
• Agendas and meeting minutes for meetings, including distribution to meeting attendees. • Project schedule and schedule updates monthly.
• HDR internal guidance documents and quality control (QC).

MEETINGS
• Kick-off meeting with up to four (4) HDR staff.
• Up to twenty-four (24) one-hour monthly meetings with the City and up to two (2) HDR staff.

KEY UNDERSTANDINGS
• Project meetings will be held virtually.

Task 900: Site Repair Design and Contract Documents
HDR will prepare design documents for:
• Repair of the stormwater drainage system to address erosion and ponding. • Reconstruction and improvements of the landfill final cover system. • Stabilization of the southern slope to withstand erosive forces from a 100-year flood event.
• Removal of residual waste and site restoration.

Key items to be completed during design include the following:
• Consistent with recommendations from the April 2024 Stormwater Repair and Protection Workplan,
o Design and specifications for the reconstruction of the landfill down-drain to mitigate erosion.
o Design and specifications for additional drainage basins and piping along the western limits of the landfill to address ponding water. o Design and specifications for diversion berms on the final cover to allow water to stabilize down drain for discharge.
o Design and specifications of high-performance turf reinforcement mat (HPTRM) for erosion protection to an elevation of 70 feet along the southern slope of the Western WMU.
o A CQA plan that prescribes construction quality control (CQC) and quality assurance activities.
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City of Modesto | Proposal
Cover Repair Design, Contract Administration and Construction Quality Assurance Services • Consistent with findings from the September 2024 Final Construction Completion Report and the September 2025 Cover Repair Alternatives Memo
o Landfill cover soil technical specifications for re-compaction of existing cover soil and placement of additional soil cover meeting specified soil type, thickness, compaction, and moisture content.
o A CQA plan that prescribes CQC and quality assurance (QA) activities. • Consistent with findings from the September 2025 Residual Waste Assessment and the September 2025 Cover Repair Alternatives Memo,
o Residual waste removal plan, waste removal and biological monitoring plans, waste disposal requirements, and a site restoration plan.

HDR will use the current topographic survey (provided by the City) to prepare construction contract documents and specifications. HDR will provide design documents for the City to review at required intervals (60%, 90%, and final design) and will discuss comments, questions, and input following each submittal. Concurrently, with these design submittals, HDR will provide an updated opinion of probable construction costs (OPCC).

HDR will prepare special provisions and front-end documents. At the City’s direction, front-end documents will be based on engineering joint council documents for construction or the City’s standard construction contract documents. The City will provide input on the bid form, City requirements, and front-end documents.

HDR will assemble design documents and prepare a submittal to the Water Board to obtain confirmation to construct the landfill final cover system repairs. HDR will prepare a comprehensive CQA plan addressing each of the three key items.

Regular progress meetings will be held to obtain the City’s input and to inform the City of progress, decisions, issues, or cost considerations that arise during the design.

DELIVERABLES
• 60% and 90% design plans, schedules, and updated OPCC.

Preliminary Drawing list includes:
o Cover Sheet
o Legend and Notes
o Existing Conditions Plan
o Erosion and Sediment Control Plan
o Proposed Cover System Reconstruction Plan
o Proposed Stormwater Improvements Plan
o E&SC Details
o Stormwater Details
o Cover System Reconstruction Details
• Final construction contract documents, including design plans, technical specifications, comprehensive CQA plan, special provisions, and front-end documents. • Residual waste removal plan, biological monitoring plans, waste disposal requirements, and a residual waste site restoration plan.
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City of Modesto | Proposal
Cover Repair Design, Contract Administration and Construction Quality Assurance Services

MEETINGS
• 60%, 90%, and final design review meetings (virtual) with up to two (2) HDR personnel. • One review meeting (virtual) with the Water Board to discuss construction contract document comments.

KEY UNDERSTANDINGS
• Front-end documents are for bidding purposes. It will be at the City’s discretion whether front-end documents are necessary for a change order with the existing contractor. • Two contractors and two contracts are anticipated to conduct site repairs/improvements, one for the cover repair and a second for residual waste removal. • Construction contract documents will include provisions for change order pricing. • HDR does not guarantee receipt of permit approvals from regulatory agencies or have any control over the duration of their reviews.

Task 1000: Construction Administration
HDR will assist the City in documenting the design intent confirming that contract documents accurately reflect the design and obtaining the quality assurance documentation necessary for Water Board approval. As part of this task, the HDR project team will perform the following work:
• Provide bidding assistance, including presiding over pre-bid meetings, responding to requests for clarification or additional information, and issuing addenda. • Report compliance with the CQA plan prepared by HDR in Task 900. • Conduct pre-construction and monthly construction progress meetings, including final inspection of requests for substitutions or changes, and review and maintenance of shop drawings.
• Provide interpretation and consulting on design modifications and participate in punchlist inspection. • Prepare, process, and recommend monthly payment requests. • Review proposed change orders issued by the Contractor and provide recommendations to the City for approval.
• Prepare written reports of CQC and quality assurance documentation as required by the CQA plan.

DELIVERABLES
• Responses to requests for information.
• Two (2) pre-bid meetings with agenda and notes.
• Two (2) pre-construction meetings with agenda and meeting notes. • Five (5) monthly progress meeting agendas and meeting notes. • Change orders, pay requests, requests for information, and shop drawings. #5..
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City of Modesto | Proposal
Cover Repair Design, Contract Administration and Construction Quality Assurance Services

MEETINGS
• Two (2) pre-bid meetings at city offices followed by a site walk. • Five (5) monthly progress meetings (virtual).
• Five (5) conflict resolution/ad-hoc meetings at the project site.

KEY UNDERSTANDINGS
• The construction schedule is anticipated to be three (3) months for the cover repair and one (1) month for the residual waste removal. Part-time construction observation is anticipated for 24 hours per week for four (4) months. If additional construction observation is required, it can be provided as an additional service. • Construction surveying and QC testing will be the Contractor’s responsibility. • The City will make decisions on contractual matters and will process Contractor pay requests, change orders, and other administrative matters. • Two contractors and two contracts are anticipated to conduct site repairs/improvements. • HDR will be responsible for construction administrative tasks and documentation, including review of change orders, preparation, and maintenance of required construction documentation, and providing “as-recorded” drawings.

Task 1100: Construction Observation
HDR will assist the City with construction observation services by providing a part-time resident project representative to document the intent of the design and contract documents. The services will consist of the following:
• Perform part-time construction observation for up to 24 hours per week for three (3) months, up to 300 hours for cover repair, and up to 24 hours per week for two (2) weeks for residual waste removal. Construction observations will be performed for stormwater, cover repair, and residual waste removal activities.
• Prepare a daily field report for each site visit.
• Review site conditions and document ongoing activities and corrective actions. • Assist in issuing field change directives and reviewing change order requests. • Observe site work, drainage, and final cover repair construction. • Review CQC testing performed by the Contractor for the final cover system components and installation of stormwater improvements. CQC testing requirements and frequencies will be defined in the contract documents.
• Maintain a progressive punch-list.
• Review and document schedule status.
• Review contractor survey of constructed (as-built) conditions. • Compile field and CQC lab test data submitted by the contractor.

DELIVERABLES
• Daily field reports.
• Supporting documentation for “as-recorded” drawings.
• Maintenance of contractor-provided field and laboratory test reports. #5..
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City of Modesto | Proposal
Cover Repair Design, Contract Administration and Construction Quality Assurance Services

ON-SITE MEETINGS
• Two (2) pre-construction meetings with up to three (3) HDR staff. • Two (2) substantial completion meetings.
• Two (2) final completion meetings.

KEY UNDERSTANDINGS
• HDR will perform regular construction oversight across an anticipated three (3) month construction duration for cover repair and anticipate two (2) weeks for residual waste removal.
• Construction surveying and QC testing will be the responsibility of the Contractor. • The City will make all decisions on contractual matters and will process and take appropriate action on Contractor pay requests, change orders, and other administrative matters.
• HDR will not supervise, direct, or manage the Contractor’s means and methods, nor will HDR assume responsibility for the health and safety of the Contractor’s personnel. • The City will provide a meeting place for, and participate in, construction progress meetings.
• Two contractors are anticipated to conduct cover repairs and waste removal.

Task 1200: Revised Final Construction and Completion Report HDR will prepare a Revised Final Construction and Completion Report (Report) that will serve as an inclusive final revision of the original 31 August 2022 Closure Report. The report will document the closure project as completed and incorporate existing documentation, as available, including the following:
• Daily logs, as-built drawings, shop drawings, maps, topographic maps that show both the top of waste and top of final cover elevations, cross-sections, data tables, and laboratory test results for reconstructed final cover and stormwater management system. • Report will include discussion regarding variations of the reconstructed final cover system from the items included in the March 2016 Closure Plan, Technical Specifications, and CQA-Plan.
• Project Photograph Log: The previous photographs from the March 2016 Closure Plan will be incorporated by reference only.
• Observations and field and laboratory test reports for the disposal of residual waste and confirmation of clean closure in accordance with requirements agreed upon with the Water Board.
• QC and quality assurance documentation, including the final CQA certification and Revised Final Construction and Completion Report for submittal to the Water Board.

HDR will prepare a draft Revised Final Construction and Completion Report for City review and comment. HDR will facilitate a review meeting with the City to discuss comments and potential revisions to the draft Report. After the review meeting, HDR will prepare a final Report for submittal to the Water Board. HDR will prepare one round of responses to the Water Board and will revise the Report accordingly.
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City of Modesto | Proposal
Cover Repair Design, Contract Administration and Construction Quality Assurance Services

DELIVERABLES
• Draft Report for City review.
• Report for submittal to the Water Board, incorporating City comments. • Response to the Water Board comments.
• Final Construction and Completion Report incorporating Water Board comments.

MEETINGS
• One draft Report review meeting (virtual) with up to two (2) HDR personnel. • One review meeting (virtual) with the Water Board to discuss the report comments.

KEY UNDERSTANDINGS
• The revised report will focus on the final cover repair work completed with residual waste removal and will append the existing report as a reference document.

Task 1300: Waste Removal Permitting
The objective of this task is to prepare and process required permit applications and agency notifications, including: a Section 404 permit from the U.S. Army Corps of Engineers; a Section 401 Water Quality Certification from the Water Board; a Fish and Game Code Section 1602 authorization from the California Department of Fish and Wildlife (CDFW); an encroachment permit from the Central Valley Flood Protection Board (CVFPB); and notifications to applicable local agencies.

Optional permitting services are included and may involve obtaining incidental take permits for state- and federally listed species if avoidance measures cannot be implemented prior to construction. These permits would be pursued in accordance with the federal and state Endangered Species Acts, under the jurisdiction of CDFW, the U.S. Fish and Wildlife Service (USFWS), and the National Marine Fisheries Service (NMFS).

This task will consist of the following:
• Prepare the USACE Section 404 Permit Application.
• Prepare the RWQCB Section 401 Permit Application.
• Prepare the CDFW Section 1602 Streambed Alteration Agreement Application via the online Environmental Permit Information Management System (EPIMS). • Prepare a CVFPB Encroachment Permit Application.
• Provide notification to the following agencies: CalRecycle, Tuolumne River Regional Park Joint Powers Authority, Parks, Recreation, and Neighborhoods Department.

If listed species’ habitats cannot be avoided, the following optional permitting tasks can be employed:
• Prepare the Biological Assessment Report for the USFWS Section 7 Consultation for Incidental Take of Federal Listed Plant or Wildlife Species. • Prepare the Biological Assessment Report for the NMFS Section 7 Consultation for Incidental Take of Federally Listed Fish Species.
• Prepare the CDFW Section 2081 Application for Incidental Take of State Listed Species.
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City of Modesto | Proposal
Cover Repair Design, Contract Administration and Construction Quality Assurance Services HDR assumes that the Project will have temporary impacts on jurisdictional areas such that a Habitat Mitigation and Monitoring Plan will not be required. However, if listed species’ habitats cannot be avoided, and permitting is required under Section 7 and/or Section 2081, a Habitat Mitigation and Monitoring Plan will be prepared to summarize the project description, project location, existing jurisdictional features, project impacts, permit conditions and requirements, and proposed mitigation and monitoring frequency and schedule.

DELIVERABLES
• Draft and Final Section 404 Permit Application.
• Draft and Final Section 401 Water Quality Certification Application. • Draft and Final Section 1602 Streambed Alteration Agreement Application. • Draft and Final CVFPB Encroachment Permit Application. • Draft and Final Aquatic Resources Delineation Report. • Draft and Final Tree Survey Report.
• Draft and Final CDFW Biological Technical Report for Special-Status Species. • Notification to local agencies of the waste removal activities.

OPTIONAL DELIVERABLES
• Draft and Final USFWS Biological Assessment Report for Listed Plant and Wildlife Species.
• Draft and Final NMFS Biological Assessment Report for Listed Fish Species. • Draft and Final CDFW Section 2081 Application for Incidental Take of State Listed Species.
• Draft and Final Habitat Mitigation and Monitoring Plan.

OPTIONAL MEETINGS
• Up to 24 virtual one-hour meetings with up to two HDR personnel to discuss the various permit applications with the City.
• Up to 10 virtual one-hour meetings with up to two HDR personnel to discuss the various permit applications with the City and the resource agencies. • Meetings with the agencies include time for presentation preparation and post-meeting summaries.

KEY UNDERSTANDINGS
• Waste removal has the potential to introduce fill material toward or into the aquatic resources of the north side of the Tuolumne River. Waste removal may occur within the zone considered as navigable waters of the U.S., requiring both Section 404 and Section 401 permits as well as a CVFPB encroachment permit as this area is designated a regulated waterway.
• Temporary work activities also have the potential to impact the riparian zone, considered sensitive by CDFW, which may require permits under California Department of Fish and Game (CDFG) Section 1600-1616.
• Temporary work activities may have the potential to impact the habitats that support state and federally listed species protected under the Federal Endangered Species Act (FESA) and/or the California Endangered Species Act (CESA), including Central Valley #5..
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City of Modesto | Proposal
Cover Repair Design, Contract Administration and Construction Quality Assurance Services steelhead, Valley elderberry longhorn beetle, Swainson’s hawk, western pond turtle, and burrowing owl, which may require incidental take permits. These are included herein as optional.
• Temporary work activities have the potential to impact the habitats that support species covered under the MBTA and/or CDFG Code 1600, including nesting birds and roosting bats, which may require biological monitoring.
• CalRecycle does not have permit requirements associated with this waste removal task. • The City will submit the Environmental Permit Information Management System (EPIMS) permit to CDFW.
• The City will provide the necessary CEQA documentation that is required for the Section 1602 Permit Application and Section 401 Water Quality Certification. If the City does not have the necessary CEQA documentation, HDR can support this effort under a separate cost and scope.
• An HDR wetland biologist will conduct a field delineation of wetlands and waters of the work area following USACE and RWQCB standards to collect data for the various permits. During the same field visit, an HDR wildlife biologist will conduct habitat assessments for specific listed species that may occur. During the same field visit, an HDR arborist will document trees in the work area that may require removal. • The work area and design of the project will be defined before HDR biologists conduct their field work and analysis for the permit applications. • The City will coordinate access to the work area.
• Inaccessible areas will be delineated via desktop.
• HDR will finalize the deliverables after receiving 1 round of comments from the City. If additional iterations of the deliverables are needed per the City’s request, an amended scope and fee would be required.
• Permit reviews and approvals by resource agencies like USACE, RWQCB, and CDFW will require approximately 9-15 months.

Task 1400: Waste Removal Oversight and Reporting
The objective of this activity is for HDR to assist the City with its compliance obligations required by the resource agencies’ permits it will likely obtain for the residual waste removal and site restoration. These compliance obligations will likely consist of the following activities:
a) Environmentally Sensitive Area Fencing Oversight: Environmentally sensitive areas identified by the HDR biologist will be avoided during project activities. These areas will be temporarily fenced and/or flagged as close to work limits as feasible. Fencing or flagging will be high-visibility and left in place for the duration of the project. The location and extent of fencing/flagging will be determined by the HDR Biologist, who will observe its installation and conduct regular inspections. The HDR biologist will demarcate the fencing location in the field with stakes and flagging. Fencing will delineate riparian habitat, nests, elderberry shrubs, pond turtle nests, or other sensitive resources. b) Conduct Worker Environmental Awareness Training: Before the onset of work activities, an HDR biologist will prepare and conduct mandatory contractor/worker environmental awareness training for personnel to inform them on the locations of sensitive biological #5..
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City of Modesto | Proposal
Cover Repair Design, Contract Administration and Construction Quality Assurance Services resources and site-specific protective measures required during construction activities. If new personnel are added to the project, the City will require them to receive the mandatory training before starting work. Training will cover special-status species, including species identification, life-history descriptions, habitat requirements at various life stages, and the species’ protected status. The training is expected to be no more than 15 minutes and will be conducted before excavation activities. c) Nesting Bird and Raptor Surveys: Before work that will occur between March 1 and August 15, an HDR biologist will conduct pre-construction surveys for tree-nesting raptors and migratory songbirds. Nesting habitats for tree nesting raptors and migratory songbirds will be surveyed within 250 feet of the proposed construction areas. The HDR biologist will conduct Swainson’s hawk surveys per guidelines provided in the Recommended Timing and Methodology for Swainson’s Hawk Nesting Survey in the Central Valley (Swainson’s Hawk Technical Advisory Committee 2000). d) Pond Turtle Nesting Survey: Within 48 hours before project activities, a survey will be conducted for the presence of pond turtles. If nesting pond turtles are detected, exclusionary fencing in the vicinity of the nest will be used to reduce the potential for pond turtles to encroach into the work area. This fencing will be maintained throughout the duration of construction in the vicinity of the nest. The integrity of the exclusion fencing will be checked daily by a biological monitor or a designee. Additionally, HDR’s biological monitor will check the work area each morning before construction begins to confirm that no turtles are within the exclusion area. If an individual or nest is observed in the impact area, construction activities will stop until the biological monitor establishes an appropriate buffer or the turtle is no longer in the impact area. e) Roosting Bats and Maternity Colony Survey: If ground disturbing activities commence on the project site during the breeding season of native bat species (April 1 to August 31), a field survey shall be conducted by a qualified bat biologist to determine whether active roosts are present on site or within 50 feet of the project boundaries, including visual and acoustical surveys.

Field surveys shall be conducted early in the breeding season before project activities begin, when bats are establishing maternity roosts but before pregnant females give birth (April through early May). If no roosting bats are found, then no further mitigation is required. If roosting bats are found, then disturbance of the maternity roosts shall be avoided by halting project activities until the end of the breeding season, or a qualified bat biologist removes and relocates the roosting bats in consultation with CDFW through a separate permit application process. Tree removals with habitat for bats will follow the 2-day method of removal, which includes branch limbing on day 1 and trunk felling on day 2, and will be monitored by a qualified biologist.
f) Burrowing Owl Survey: Within 15 days before project activities, a survey for burrowing owls will be conducted between March and May. Fossorial mammal burrows within the work area will be examined for signs of occupation by burrowing owls including the presence of pellets, whitewash around the opening, or scattered feathers. If burrowing owls are detected, no work will occur until the burrowing owls leave or an Incidental #5..
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City of Modesto | Proposal
Cover Repair Design, Contract Administration and Construction Quality Assurance Services Take Permit (ITP) is granted to the City by CDFW for this Project. If an ITP is pursued, no work will proceed until the City receives it.
g) Biological Monitoring during Construction: A biological monitor will be provided during construction activities. This will include monitoring-led environmental awareness training for construction workers at the start of each day and observation of biological protection measures.
h) Underground Utility Marking: As required by state law, HDR will mark the area of waste removal in white paint and notify USA North 811 to mark underground utility locations in the vicinity of the excavation.
i) Waste Removal Oversight: HDR will provide a field geologist or engineer to provide photographic and written documentation of the waste excavation.

DELIVERABLES
• Agenda will be provided before each meeting.
• Memorandum to document and summarize the results of required pre-construction surveys.
• Memorandum to document and summarize biological monitoring during waste removal. • Memorandum to document and summarize the residual waste removal and residual waste site restoration.

ASSUMPTIONS
• HDR will provide and install stakes, flagging, and fencing to delineate environmentally sensitive areas. The HDR biologist will provide oversight of the installation. • A total of 10 days is assumed for the waste removal effort. Twelve hours per day are assumed for monitoring, which includes daily travel to/from the project location. • Per the California Environmental Quality Act Initial Study prepared by the City in 2017, cultural monitoring is not required; therefore, no cultural monitor is being provided by HDR.
• A Stormwater Pollution Prevention Plan will not be required due to the planned disturbance of the waste removal being less than 1 acre or will be prepared by the contractor.
• Deliverables under this task order will be prepared and submitted electronically.

Task 1500: Remote and On-Site Meeting Support
The objective of this task is to provide in-person technical assistance to the Public Works Department in support of its presentations to City committees and/or City Council members.

This task will consist of the following activities:
• Preparation of engineering and/or regulatory permitting presentation materials in support of meetings, workshops, technical review special committee and/or City Council meetings.
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City of Modesto | Proposal
Cover Repair Design, Contract Administration and Construction Quality Assurance Services • Meeting attendance and participation to facilitate the City’s understanding of the design strategy, permitting requirements, project schedule, and/or other project-specific information as needed.
• Preparation of meeting notes.

DELIVERABLES
• Meeting notes within five (5) days of each in-person and virtual meeting.

ASSUMPTIONS
• Three (3) virtual meetings each of one hour in duration are included.

Two (2) in-person meetings, each attended by two HDR staff in the City of Modesto, are included; each meeting is two hours in duration.

3.0 Period of Service
HDR proposes a duration for the above scope of services within two years (750 calendar days) of receiving a notice to proceed and in general conformance with the preliminary schedule outlined below:

Task Deliverable Start
(Days) Days
Task 800 Kick-off Meeting & Project Management 0 750
Task 900 Site Repair Design & Contract Documents 14 90
Task 1000 Construction Administration 180 330
Task 1100 Construction Observation 240 330
Task 1200 Revised Final Const. & Completion Report 330 390 Task 1300 Waste Removal Permitting 90 630
Task 1400 Waste Removal Oversight & Reporting 690 750
Task 1500 Remote and On-Site Meeting Support 0 750
Notes
Task 1000 (Construction Administration) starts 90 days after completion of Task 900 (Contract Documents).

Task 1100 (Construction Observation) starts 60 days after Task 1000 (Construction Administration) with a 90-day duration.

Task 1300 (Waste Removal Permitting) starts upon completion of Task 900 (Site Repair Design & Contract Documents) and requires 540 days.

Task 1400 (Waste Removal Oversight & Reporting) starts 60 days after completion of Task 1300 (Waste Removal Permitting) and requires 60 days.

4.0 Compensation
HDR proposes a not-to-exceed fee of $820,774 for the above scope of services.

Task Deliverable Fee
Task 800 Kick-off Meeting & Project Management $84,689
Task 900 Site Repair Design and Contract Documents $98,152 Task 1000 Construction Administration $133,596
Task 1100 Construction Observation $90,648
Task 1200 Revised Final Construction and Completion Report $48,951 Task 1300 Waste Removal Permitting $110,455
Task 1301 OPTIONAL Waste Removal Permitting $88,820
Task 1400 Waste Removal Oversight and Reporting $145,064 Task 1500 Remote and On-Site Meeting Support $20,399
TOTAL $820,774
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City of Modesto | Proposal
Cover Repair Design, Contract Administration and Construction Quality Assurance Services

5.0 Total Estimated Project Costs
For the City’s budgetary planning purposes, this section presents the total estimated project costs inclusive of HDR’s cost presented in Section 4 Compensation. The total Estimated Landfill Cover Repair & Residual Waste Removal costs presented below include engineering, permitting, construction, construction oversight, and reporting. The costs are based on the fee presented in Section 4 Compensation, costs presented in the Cover Repair Alternatives Analysis dated September 19, 2025, Water Board comments regarding the extent of waste dated April 6, 2026, and escalation of the construction costs presented in the Cover Repair Alternatives Analysis.

Activity Estimated Cost
Landfill Cover Repair
Engineering & Permitting $273,492
Construction $2,844,111
Construction Oversight & Reporting $137,999
Total Landfill Cover Repair $3,255,602
Residual Waste Removal
Engineering & Permitting $241,569
Construction $810,000
Construction Oversight & Reporting $145,064
Total Residual Waste Removal $1,196,633
Total Estimated Landfill Cover Repair &
Residual Waste Removal $4,452,235

6.0 Terms and Conditions
These services are proposed to be completed as an amendment under existing Agreement #253660 for Consulting Services between the City of Modesto and HDR Engineering Inc. dated September 12, 2023.

Thank you for this opportunity to present this proposed scope of services. If you have any questions, please do not hesitate to contact Charlie O’Neill at (916) 817-4764.

Sincerely,
HDR Engineering, Inc.

Charlie O’Neill, PG Elizabeth Mesbah, PE
Project Manager Vice President
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CITY OF MODESTO

COUNCIL AGENDA REPORT
DATE OF MEETING:

September 1, 2026
Date: August 10, 2026
TO: Mayor and City Council
THROUGH: Joseph P. Lopez, City Manager
FROM: William Wong, Director of Utilities
SUBJECT: Memorandum of Understanding with Stanislaus County Riverdale Water System Project
CONTACT: Jim Alves, Senior Civil Engineer, [email protected], 209-571-5557 DESCRIPTION:

Consider entering into a Memorandum of Understanding with Stanislaus County for the reimbursement of costs related to the Riverdale Water System Project for a total amount not to exceed $4,203,518. (Funding Source: Water 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:

In 1992, the City entered into a Mutual Aid Agreement with the Riverdale Park Tract Community Services District (District) for an emergency water service connection, as a short-term back-up potable water supply to their independent single-well water system in the event their capability to supply potable water was compromised.

The Riverdale Community is located on the south side of the Tuolumne River, west of Carpenter Road and north of West Hatch Road and consists of approximately 178 developed parcels.

In 2016, the Stanislaus County Department of Environmental Health issued a Compliance Order to the District for exceeding maximum contamination levels of uranium over an extended period of time.
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City Council, September 1, 2026
Memorandum of Understanding with Stanislaus County
Riverdale Water System Project

In 2018, the District, working with Self Help Enterprises and with assistance from the City completed a Feasibility Study which concluded that the best option for the District to mitigate the groundwater contaminant issue was to consolidate their water system with the City of Modesto’s water system and destroy their groundwater well.

On October 8, 2019, by Resolution No. 2019-460, Council authorized the submittal of a grant application to the State Revolving Fund Program on behalf of the District for water system improvements.

The City conducted an analysis to determine the capital improvements required to provide a reliable potable water supply to the District’s customers on a permanent basis.

Self Help Enterprises, acting as facilitator for the District, and utilizing separate State funds, hired O’Dell Engineering and, working with the City, developed design plans based on this analysis and per City Standards for the construction of the improvements project.

On March 2, 2021, by Resolution No. 2021-79, Council approved a water system consolidation agreement with the District which, upon completion of the capital improvements, the District would be dissolved, and their customers transitioned to City water services.

On August 9, 2022, by Resolution No. 2022-337, Council approved the Initial Study/Mitigated Negative Declaration for the Riverdale Water System Project in accordance with the California Environmental Quality Act.

On April 23, 2024, by Resolution No. 2014-13, Council accepted a State Water Resources Control Board (SWRCB) Expedited Drinking Water Grant Program Award in the amount of $7,115,592.

DISCUSSION:

In 2024, City Staff proposed that the City and County work together on a joint Project in the Riverdale Community in order to increase efficiency, minimize disruptions and ensure that the City and County Projects would be compatible. It was agreed that Stanislaus County would oversee the combined effort and that it would be necessary to enter into a Memorandum of Understanding to clearly identify the roles and responsibilities of each party including the terms of payment for all costs incurred for the City’s portion of the Project.
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City Council, September 1, 2026
Memorandum of Understanding with Stanislaus County
Riverdale Water System Project

Stanislaus County
Funding Source: American Rescue Plan Act of 2021
Install Sidewalks, Curbs, Gutters, Storm Drainage System and Street Lighting Pave Streets
City of Modesto
Funding Source: SWRCB Expedited Drinking Water Grant Program Replace Water Mains, Fire Hydrants and Valves
Install New Services and Meters
Destroy Existing Wells
Upon completion of the capital improvements, the Riverdale Park Tract Community Services District will be dissolved through the Stanislaus County Local Agency Formation Commission’s (Stanislaus LAFCO) Change of Organization process and their customers will be transitioned to City water service customers per the 2021 Water System Consolidation Agreement.

LAFCOs are independent local government agencies created by the State of California to help coordinate community growth, local government boundaries, and public services. California currently has 58 LAFCOs, one representing each County.

Charges for metered rate water service consists of a base charge and a water consumption charge determined by water usage, current residential rates as of January 1, 2026, are as follows:

Base Charge One Inch Water Meter $42.09
Consumption Charge One Hundred Cubic Feet $2.30
FISCAL IMPACT:

Expenses associated with this effort will be housed in the following Capital Project:
101212 - Riverdale Park Water System

ANTICIPATED MOU RELATED EXPENDITURES
Construction Contract $3,545,121
Construction Contingency $354,512
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City Council, September 1, 2026
Memorandum of Understanding with Stanislaus County
Riverdale Water System Project

Engineering Agreement $273,885
Stanislaus County – Staff Time $30,000
TOTAL $4,203,518

COMMITTEE RECOMMENDATION
This item was considered by the Economic Development Committee at the meeting held on August 3, 2026, where it was recommended that it be forwarded to Council.

CEQA/NEPA REQUIREMENTS:

On August 9, 2022, by Resolution No. 2022-337, Council approved the Initial Study/Mitigated Negative Declaration (IS/MND) for the Riverdale Water System Project in accordance with the California Environmental Quality Act. The IS/MND identified potential environmental impacts and mitigation measures and put into place a mitigation monitoring and reporting program.

RECOMMENDED COUNCIL ACTION:

Staff Recommendations:

Resolution approving a Memorandum of Understanding with Stanislaus County for the reimbursement of costs related to the Riverdale Water System Project for a total amount not to exceed $4,203,518.

Approved by:

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

1. Resolution

2. Memorandum of Understanding
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09/01/2026/Utilities/JAlves/Item X 1 2026-XX

MODESTO CITY COUNCIL
RESOLUTION NO. 2026-XX

RESOLUTION APPROVING A MEMORANDUM OF UNDERSTANDING WITH

STANISLAUS COUNTY FOR THE REIMBURSEMENT OF COSTS RELATED

TO THE RIVERDALE WATER SYSTEM PROJECT FOR A TOTAL AMOUNT NOT TO EXCEED $4,203,518
WHEREAS, in 1992, the City entered into a Mutual Aid Agreement with the Riverdale Park Tract Community Services District (District) for an emergency water service connection, as a short-term back-up potable water supply to their independent single-well water system in the event their capability to supply potable water was compromised; and
WHEREAS, in 2016, the Stanislaus County Department of Environmental Health issued a Compliance Order to the District for exceeding maximum contamination levels of uranium over an extended period of time; and WHEREAS, in 2018, the District, working with Self Help Enterprises and with assistance from the City completed a Feasibility Study which concluded that the best option for the District to mitigate the groundwater contaminant issue was to consolidate their water system with the City of Modesto’s water system and destroy their groundwater well; and
WHEREAS, the City conducted an analysis to determine the capital improvements required to provide a reliable potable water supply to the District’s customers on a permanent basis; and
WHEREAS, Self Help Enterprises, acting as facilitator for the District, and utilizing separate State funds, hired O’Dell Engineering and, working with the #6..
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09/01/2026/Utilities/JAlves/Item X 2 2026-XX
City, developed design plans based on this analysis and per City Standards for the construction of the improvements project; and
WHEREAS, on March 2, 2021, by Resolution No. 2021-79, Council approved a water system consolidation agreement with the District which, upon completion of capital improvements, the District would be dissolved, and their customers transitioned to City water services; and
WHEREAS, in 2024, City Staff proposed that the City and County work together on a joint Project in the Riverdale Community in order to increase efficiency, minimize disruptions and ensure that the City and County Projects would be compatible; and
WHEREAS, it was agreed that Stanislaus County would oversee the combined effort and that it would be necessary to enter into a Memorandum of Understanding to clearly identify the roles and responsibilities of each party including the terms of payment for all costs incurred for the City’s portion of the Project.

NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Modesto that it hereby approves entering into a Memorandum of Understanding with Stanislaus County for the reimbursement of costs related to the Riverdale Water System Project for a total amount not to exceed $4,203,518.

BE IT FURTHER RESOLVED that the City Manager, or his designee, is hereby authorized to execute the Agreement in a form approved by the City Attorney.
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09/01/2026/Utilities/JAlves/Item X 3 2026-XX
The foregoing resolution was introduced at a regular meeting of the Council of the City of Modesto held on the 1st day of September 2026, by Councilmember _______________, who moved its adoption, which motion being duly seconded by Councilmember _______________, was upon roll call carried and the resolution adopted by the following vote:

AYES: Councilmembers:

NOES: Councilmembers:

ABSENT: Councilmembers:

ATTEST:

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

BY: ____________________________________
JOSE M. SANCHEZ, City Attorney
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MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF MODESTO AND

THE COUNTY OF STANISLAUS REGARDING REIMBURSEMENT OF COSTS

RELATED TO RIVERDALE WATER SYSTEM PROJECT
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, Stanislaus County has received funding though the American Rescue Plan Act of 2021 (ARPA) that will be used to deliver projects that improve infrastructure with respect to health and safety; and
WHEREAS, the City of Modesto has received grant funding through the California State Water Resources Control Board (SWRCB) that will be used to improve infrastructure for the potable water system; and
WHEREAS, the City and County are collaborating regarding improvements to the infrastructure in Area 44 – Riverdale Park (“Improvement Project”); and WHEREAS, the County has retained a professional engineering firm, AECOM (the “Consultant”), to provide design services related to the Improvement Project; and WHEREAS, the City desires to construct water system improvements to the Riverdale Park Tract Community Services District’s (RPTCSD) water system infrastructure (the “City Project”) as part of the Improvement Project; and
WHEREAS, after the water system improvements are completed and accepted by the County as complete, the City will formally consolidate the RPTCSD water system into the City water system and the RPTCSD will formally dissolve as a district; and WHEREAS, in order to increase efficiency, minimize disruption and ensure the City Project and the Improvement Project are compatible, the City desires to have the County construct the City Project as part of the Improvement Project; and WHEREAS, the County and City wish to enter into this Memorandum of Understanding (MOU) to clearly identify the roles and responsibilities of each party as they relate to the design revisions, construction support, and construction of the City Project, including payment of all costs incurred for the City Project.

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.
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Memorandum of Understanding
2 2. The County will enter into a construction contract with a contractor for the delivery of specified construction services for the Improvement Project, which shall also include the City Project. The scope of work for the City Project is attached hereto as Exhibit A and incorporated herein.

3. The City will be responsible for the actual cost of the construction and Consultant’s engineering services as part of bidding assistance and during construction as construction support services for the City Project as specified in Exhibit B, attached hereto, and incorporated herein. The City will also reimburse the County for County staff time related to construction administration efforts related to the construction of the City Project. The maximum amount payable by the City under this MOU shall not exceed four million two hundred three thousand five hundred eighteen Dollars ($4,203,518).

4. Both the County and City shall adhere to all applicable federal, state, and local laws, regulations and guidelines related to the construction and management of the Project.

Both parties will share responsibility for ensuring compliance with these laws and guidelines in their respective roles

5. In no instance shall the City’s water improvements delay the County improvements and cause loss of American Rescue Plan Act (ARPA) funding to the County. The County has the right to end the construction contract at any point if the water related improvements are delaying the completion of the construction phase and ARPA funding is at risk.

6. In no instance shall the County’s ARPA funded improvements delay the City’s water improvements and cause loss of water board funding to the City. The City has the right to request a change to the construction contract at any point to remove water related improvements are delaying the completion of the construction phase and the water board funding becomes at risk.

7. Scope of Work. The Parties agree that the construction of the Improvement Project will conform to the plans and specifications approved by the County and the City. The County will be the official Construction Manager for this Project. However, access shall be provided to City Staff for inspections and material submittal review.

8. County’s Responsibilities.
a. The County will advertise the Improvement Project, conduct bid opening, award construction contract, and manage construction of the Improvement Project. b. County Staff, or other authorized by the County, shall inspect the construction of the Improvement Project. Reasonable access to the construction zone will be provided to City Staff for the inspection of the Improvement Project’s water system improvements.
c. The County will administer the construction contract between the County and the Contractor. The County shall pay all County costs associated with the administration of the contract, except those performed by City Staff. Any change orders to the work shall be approved by the County.
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Memorandum of Understanding
3 d. The County shall be responsible for paying all invoices from the Contractor in accordance with the terms and conditions of the agreement between the County and Contractor.
e. County will invoice the City for all costs incurred in association with the Improvement Project’s water system improvements. County shall provide to the City all paid invoices received from the Contractor or Consultant as backup. f. County shall be solely responsible for all costs related to the Improvement Project greater than such amount.

9. City’s Responsibilities.
a. City will review and approve the Improvement Project plans and specifications of the water system related improvements prior to the County advertising the Improvement Project for bid.
b. The City shall facilitate Project’s design by ensuring the proposed City water improvements do not conflict with proposed County project improvements. c. The City has prepared and processed all CEQA related documents for environmental clearance of the water system related improvements. d. The City will recognize the County’s contract with the Contractor as sufficient authorization to perform any work within the City Right-of-Way that falls within the limits of the Improvement Project. No additional permits will be necessary. e. City staff will be provided reasonable access to the construction site to inspect the Project improvements. City staff shall request access to the construction site from the County for City Staff to perform inspections. City’s inspections will focus on the construction of the water system and associated facilities. f. The City shall be responsible for all costs associated with work performed by the City staff.
g. The City shall pay all undisputed invoices within (30) days. Both the County and the City will be required to approve all water related contract change orders. h. The City will plan and coordinate with private landowners for all onsite water related improvements.

ARTICLE II

GENERAL PROVISIONS

1. This MOU, including attachments, shall form the entire agreement and understanding between County and City. Except as provided in Article VII hereof, no other written or verbal statements, shall be binding upon the Parties or construed as modifying this MOU in any way.
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Memorandum of Understanding
4 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 Leamon
Director
Department of Public Works
1716 Morgan Road
Modesto, CA 95358
Communications to the City shall be directed to:

Will 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 from the Effective Date until completion of the agreed upon work and services by the Contractor and Consultant related to the City Project and all costs incurred are paid, unless sooner terminated as provided below or unless some other method of time of termination is listed in Exhibit A.

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. Parties shall exclusively control the manner and means of accomplishing their own duties and obligations as set out in the MOU. Parties have no authority to bind or obligate each other in any manner, whatsoever. #6..
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Memorandum of Understanding
5 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, 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.

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.

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

1. 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.
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Memorandum of Understanding
6 2. After termination, the City shall remain responsible for the payment of any outstanding cost share for work already performed by County staff and the Contractor and Consultant for the benefit of the City.

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
7 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: _____________________________ Mary Hartsfield 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
County Counsel
By: _____________________________ By: ____________________________ Mobin Bhatti Jose M. Sanchez
Deputy County Counsel City Attorney
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Memorandum of Understanding
8 EXHIBIT A

SCOPE OF WORK
Project’s Scope of Work
Replace about 90% of existing water mains in Riverdale to bring the water system up to City Standards and provide a safe and reliable water supply to meet all demand scenarios of the community. Project also will add and replace all existing fire hydrants, replace all existing valves, install new services, install meters for every customer and destroy the two existing wells.
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Memorandum of Understanding
9 EXHIBIT B

BUDGET & FEES
Project Costs
Exhibit B-1: Construction Management Contract Fee Schedule Exhibit B-2: Construction Contract Bid List
Description Amount
Construction Contract $ 3,545,121
Construction Contingency $ 354,512
Construction Management Contract $ 151,785
Design Revision $ 16,411
Prepare Bid Package $ 97,520
Engineering Services During Bidding $ 1,906
Engineering Services During Construction $ 6,263
SCPW Admin and Labor $ 30,000
Total $ 4,203,518
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Memorandum of Understanding
10 EXHIBIT B-1
Construction Contract Bid List

Item # Item
Code
Description Unit of
Measure
Quantity Unit Price Line Total
Base Contract $7,321,311.00
1 1 Mobilization (75% of total) LS 1 $350,000.00 $350,000.00 2 2 Temporary Traffic Control (75% of total) LS 1 $200,000.00 $200,000.00 3 3 Water Pollution Control (75% of total) LS 1 $40,000.00 $40,000.00 4 4 Clearing and Grubbing (75% of total) LS 1 $45,000.00 $45,000.00 5 5 Pothole Existing Utilities LS 1 $150,000.00 $150,000.00 6 6 Remove Concrete Driveway/Sidewalk (F) SF 6555 $3.50 $22,942.50 7 7 Remove Storm Drain Catch Basin EA 3 $750.00 $2,250.00 8 8 Abandon Storm Drain Pipe LF 100 $35.00 $3,500.00
9 9 Reset Roadside Sign EA 11 $350.00 $3,850.00
10 10 Remove Fence LF 1950 $6.00 $11,700.00
11 11 Relocate Mailbox EA 81 $350.00 $28,350.00
12 12 Roadside Sign EA 55 $600.00 $33,000.00
13 13 Adjust Existing Utility Cover to Grade (Utility Box and Cover) EA 26 $900.00 $23,400.00 14 14 Adjust Existing Utility Cover to Grade (Manhole Frame and Cover) EA 8 $2,000.00 $16,000.00 15 15 Hot Mix Asphalt (Type A) (85% of Total) TON 6983 $111.00 $775,113.00 16 16 Aggregate Base (Class II) (85% of Total) CY 7447 $73.50 $547,354.50 17 17 Speed Hump (HMA) EA 7 $5,000.00 $35,000.00
18 18 Roadway Excavation (93% of Total) CY 13190 $60.00 $791,400.00 19 19 Minor Concrete (4.5" Drive Over Curb and Gutter) LF 14545 $38.00 $552,710.00 20 20 Minor Concrete (4.5" Return Curb and Gutter) LF 2904 $38.00 $110,352.00 21 21 Minor Concrete (6" Vertical Curb and Gutter) LF 270 $35.00 $9,450.00 22 22 Minor Concrete (Sidewalk and Flatwork) SF 70012 $9.00 $630,108.00 23 23 ADA Curb Ramp (Complete) EA 41 $1,000.00 $41,000.00 24 24 Thermoplastic Striping (Detail 21) LF 3626 $4.00 $14,504.00 25 25 Thermoplastic Marking (12" Stop Bar and Legend) EA 27 $385.00 $10,395.00 26 26 Thermoplastic Marking (Triple Four Crosswalk) EA 6 $1,800.00 $10,800.00 27 27 Thermoplastic Marking (Yield Lines) EA 10 $110.00 $1,100.00 28 28 Connect to Existing Storm Drain Manhole EA 2 $3,700.00 $7,400.00 29 29 Storm Catch Basin (Type 1) EA 49 $6,000.00 $294,000.00 30 30 Storm Catch Basin (Drop Inlet) EA 2 $5,500.00 $11,000.00 31 31 12" PVC SDR 26 Storm Pipe LF 773 $115.00 $88,895.00 32 32 24" RCP Storm Pipe LF 617 $180.00 $111,060.00
33 33 48" Precast Storm Drain Manhole EA 7 $7,200.00 $50,400.00 34 34 Horizontal Drain with 24" Perforated Pipe LF 139 $380.00 $52,820.00 35 35 Horizontal Drain with 48" Perforated Pipe LF 4117 $430.00 $1,770,310.00 36 36 24" Horizontal Drain Riser EA 2 $3,100.00 $6,200.00 37 37 36" Horizontal Drain Riser EA 94 $3,200.00 $300,800.00 38 38 CCTV Pipeline Inspection (Storm Drain) LF 5647 $8.00 $45,176.00 39 39 4" PVC Sewer Pipe LF 818 $54.00 $44,172.00
40 40 Monument Preservation and Re-Establishment (75% of total) LS 1 $40,000.00 $40,000.00 41 41 Construction Staking (75% of total) LS 1 $30,000.00 $30,000.00 42 42 As-built Drawings (75% of total) LS 1 $2,500.00 $2,500.00 43 43 Thermoplastic Markings (Stop Ahead) EA 3 $450.00 $1,350.00 44 44 Thermoplastic Pavement Markings SF 661 $9.00 $5,949.00 Mozingo Construction, Inc.
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Memorandum of Understanding
11 Construction Contract Bid List – Cont.

Bid Alternate No 1: Water System Improvements $3,545,120.50 45 W1 Mobilization (25% of total) LS 1 $400,000.00 $400,000.00 46 W2 Temporary Traffic Control (25% of total) LS 1 $48,000.00 $48,000.00 47 W3 Water Pollution Control (25% of total) LS 1 $15,000.00 $15,000.00 48 W4 Clearing and Grubbing (25% of total) LS 1 $15,000.00 $15,000.00 49 W5 Remove Water Valve EA 17 $500.00 $8,500.00
50 W6 Pothole Existing Utilities LS 1 $275,000.00 $275,000.00 51 W7 Abandon Water Line LS 1 $50,000.00 $50,000.00
52 W8 Relocate Water Service and Meter to Temporary Location EA 4 $1,000.00 $4,000.00 53 W9 Remove Fire Hydrant Assembly and Bury EA 18 $1,000.00 $18,000.00 54 W10 Roadway Excavation (7% of Total) CY 993 $57.50 $57,097.50 55 W11 Fire Hydrant Pavement Marker (Type BB) EA 24 $150.00 $3,600.00 56 W12 8" Water Valve (Gate) EA 45 $3,600.00 $162,000.00 57 W13 12" Water Valve (Gate) EA 20 $5,800.00 $116,000.00 58 W14 1" or 2" Water Service (Includes Box) EA 202 $3,050.00 $616,100.00 59 W15 8" PVC Water Pipe LF 5200 $80.00 $416,000.00
60 W16 12" PVC Water Pipe LF 4750 $110.00 $522,500.00
61 W17 Fire Hydrant Assembly (Including Valve) EA 24 $15,000.00 $360,000.00 62 W18 Connect to Existing Water Main EA 12 $5,000.00 $60,000.00 63 W19 Hot Mix Asphalt (Type A) (15% of Total) TON 1232 $111.00 $136,752.00 64 W20 Aggregate Base (Class II) (15% of Total) CY 1314 $73.50 $96,579.00 65 W21 Monument Preservation and Re-Establishment (25% of total) LS 1 $10,000.00 $10,000.00 66 W22 Construction Staking (water only) LS 1 $16,000.00 $16,000.00 67 W23 As-built Drawings (water only) LS 1 $1,500.00 $1,500.00 68 W24 Well Destruction - Site 2 LS 1 $38,500.00 $38,500.00 69 W25 Well Destruction - Site 3 LS 1 $27,500.00 $27,500.00 70 W26 Mobilization and Demobilization (well destruction) LS 1 $14,000.00 $14,000.00 71 W27 Water Pollution Control (well destruction) LS 1 $5,300.00 $5,300.00 72 W28 Temporary Traffic Control (well destruction) LS 1 $5,000.00 $5,000.00 73 W29 Sealant CF 1400 $19.00 $26,600.00
74 W30 Caliper and Video Surveys LS 1 $11,496.00 $11,496.00 75 W31 Standby Time HRS 2 $548.00 $1,096.00
76 W32 AC Dike (HMA) LF 20 $400.00 $8,000.00
Line Item Subtotals Line Total
Base Contract $7,321,311.00
Bid Alternate No. 1: Water System Improvements $3,545,120.50 Project Total $10,866,431.50
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Memorandum of Understanding
12 EXHIBIT B-2
Construction Management Contract Fee Schedule

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Memorandum of Understanding
13 Construction Management Contract Fee Schedule – Cont.

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